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HomeMy WebLinkAbout2025-05-14 BZA Final Minutes1 BOARD OF ZONING APPEALS MEETING Town of Ulysses May 14, 2025 The meeting was held in person at the Town Hall at 10 Elm St., Trumansburg NY as well as via Zoom videoconference. Notice of Town Board meetings are posted on the Town’s website and Clerk’s board. Video recordings of meetings are available on Youtube at https://www.youtube.com/channel/UCWVIs--g9CpHIxdk9YxZyPw. CALL TO ORDER: Mr. Morreale called the meeting to order at 7pm. ATTENDANCE: TOWN OFFICIALS: In person- Chair- Stephen Morreale Board members- Andrew Hillman, Karen Meador, Kim Moore (alternate), Cheryl Thompson Town Planner- Niels Tygesen Town Clerk- Carissa Parlato Via Zoom- Town Board liaison- Mary Bouchard OTHERS: In person- Applicant- Chad Doolittle, Helen McLallen, Terry Carroll, Angela McLennan, Vince Puleo Via Zoom- MOTION: Mr. Hillman moved to appoint Kim Moore as a voting member for this meeting. This was seconded by Ms. Meador and passed unanimously. Mr. Morreale asked Ms. Bouchard to request that the Town Board appoint Kim Moore as a full member. APPROVAL OF AGENDA: Mr. Hillman requested the addition of Cold Springs Road to the agenda. Mr. Morreale said that they would only be talking about a single project tonight. APPROVAL OF MINUTES: The group agreed to move this item to the next meeting. NEW BUSINESS: Mr. Morreale said that the topic of business for the evening is a continuation of discussion on an appeal by Chad Doolittle (applicant/owner) to attach a new dwelling unit on a vacant lot. 2 Mr. Tygesen drew attention to an updated site plan and response that Mr. Doolittle had shared. Mr. Morreale said that is confusing because the house is non-conforming. Mr. Tygesen said that is a secondary discussion for the board to have. Mr. Morreale said that the driveway encroaches on the 50-foot buffer for a designated wetland (although Tompkins County designates it as an intermittent stream). He asked Mr. Tygesen to share details. Mr. Tygesen gave some background on the project: • The BZA granted a variance for lot dimensions and approved the flag lot in 2019 • The Planning Board approved the subdivision in 2020 • This year Mr. Doolittle submitted an application for dwelling unit. The BZA needs to determine whether the house and driveway are in a wetland or its associated buffer. • Driveway was constructed in 2021 or 2022 without permits. Ms. Moore noted that Tompkins County Planning submitted a letter to the BZA on May 9 saying that they did not think there were any issues with the driveway. The group discussed whether to focus on the driveway and then the house or both. Mr. Morreale said that it seems like they need a wetland delineation to get all of the information as they cannot get a good read from the aerial photos. Mr. Tygesen said that it appears that someone did one in 2019 but a copy cannot be located. Mr. Doolittle said that he too tried but was not successful. He added that the house is 160 feet from any wetland. He also noted that he spoke with the Army Corps of Engineers and they would not require a retroactive permit for an existing driveway but cannot officially say such. He presented the board with a survey/site map from RKF. The group discussed this and the soil character, which seems to do well with drainage and percolation. Mr. Tygesen noted that DEC regulations for freshwater wetlands (not streams) went into effect in January. Ms. Thompson and Ms. Moore think that a variance is needed and can be granted. Mr. Morreale said that was possible but he would like to consider some conditions of approval. Mr. Hillman said he would like to see some wetland maps. Ms. Thompson said that the expense to the property owner for hiring someone to do a wetland delineation should be considered. Mr. Doolittle stated it would be financially painful for him and doesn’t make sense when the town has already approved the building lot. 3 Mr. Tygesen reiterated that the Town only approved the subdivision back in 2020, prior to the new wetland regulations. The board discussed possible conditions for approval of a variance. Mr. Doolittle read a statement from the Koopermans. PUBLIC HEARING: Mr. Morreale opened the hearing at 8:37pm and asked for comments: Mr. Maguire said that he is a resident and property owner and supports the project. He grew up here and knows the history of that area- there are over 16 man-made ponds. He feels that everything has been done right and Mr. Doolittle is a victim of circumstance. Removing a driveway would be more environmentally harmful than keeping it in and giving a variance. This project will increase the tax rolls and is in line with the comp plan. To ask Mr. Doolittle to do more would be unfair. Mr. Morreale closed hearing at 8:43pm. RESOLUTION 2025-02: TWO AREA VARIANCES FOR THE DOOLITTLE DWELLING UNIT LOCATED AT 5280 CURRY ROAD, TOWN OF ULYSSES, TAX PARCEL 12.-1-13.4, AND FOR 5288 CURRY ROAD, TOWN OF ULYSSES, TAX PARCEL 12.-1-13.2: Whereas, a request for two area variances was requested from the Board of Zoning Appeals (BZA) by Chad Doolittle, applicant and owner, for property located at 5280 Curry Road (tax map # 12.-1-13.4), and for property located at 5288 Curry Road (tax map # 12.-1-13.2) on behalf of property owner David Kooperman; and Whereas, the subject lots are zoned R: Residential; and Whereas, the request of the two area variances related to a grading permit for a driveway in a stream and wetland and their associated buffers that impact both properties, and said driveway is associated with a building permit to construct a new detached dwelling on 5280 Curry Road; and Whereas, the first area variance request is relief from the Code of the Town of Ulysses (CTU) 212- 41.A which requires a 50-foot minimum buffer setback from streams; and Whereas, the second area variance request is relief from CTU 212-41.B which requires a 50-foot minimum buffer setback from federally and locally designated wetlands; and Whereas, all requested variances are a Type II action under the Code, Rules, and Regulations of the State of New York Title 6, Part 617 (SEQR), Section 5.c.16 “granting of individual setback and lot line variance…” and requires no further review; and 4 Whereas, the action required 239 review, and Tompkins County determined in their comment letter dated February 14, 2025, that the proposal will not have a significant county-wide or inter- community impact; and Whereas, the BZA did conduct meetings on April 16, 2025 and May 14, 2025 and discussed the proposed variance requests; and Whereas, notice of the public hearing was published in the Ithaca Journal, was posted on the subject site, was posted on the Town’s Public Legal Notice Board, was posted on the Town’s webpage, and was mailed to property owners within a 500-foot radius of the subject property; and Whereas, the BZA did conduct a public hearing on May 14, 2025 where it reviewed a site plan entitled "Survey Map No. 5288 Curry Road Town of Ulysses, Tompkins County, New York", prepared by TG Miller dated September 26, 2018, revised October 16, 2019, amended by Chad Doolittle April 30, 2024, and other application materials; and Whereas, by considering the criteria listed in the Consolidated Laws of New York Chapter 62, Article 16, Section 267-B.3.b, the BZA reviewed the record and weighed the benefits to the applicant against the detriment to the health, safety and welfare of the neighborhood if the variances were granted; and 1. Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the area variances. 2. Whether the benefit sought by the applicant can be achieved by some other method, feasible for the applicant to pursue, other than area variances. 3. Whether the requested area variances are substantial. 4. Whether the proposed variances will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. 5. Whether the alleged difficulty was self-created; and Whereas, by considering the criteria listed in CTU 212-124.B.7, the BZA considered the shape and physical characteristics of the property; the locations of all streams and wetlands on and/or adjacent to the property; the location and extent of the proposed buffer or setback intrusions; whether alternative designs are possible which require less intrusion; and the water quality impacts of the proposed variance. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: Considering all of the statutory factors set forth above, the Board of Zoning Appeals finds the following: 1. The benefit to the applicant in the granting of the area variance s to waive the 50-foot buffers for both the stream and wetland for the driveway will outweigh the detriment to the health, safety and welfare of the neighborhood. The conditions of approval will further ameliorate any detriments. 5 2. The granting of the area variances to waive the 50-foot buffers for both the stream and wetland for the driveway will not create an undesirable change in the character of the neighborhood and will not be a detriment to nearby properties. Similar conditions exist on nearby properties. 3. The benefit sought by the applicant to waive the 50-foot buffers for both the stream and wetland for the driveway cannot be achieved by some method, feasible for the applicant to pursue other than an area variance. 4. The requested area variances to waive the 50-foot buffers for both the stream and wetland for the driveway is substantial. 5. The proposed area variances to waive the 50-foot buffers for both the stream and wetland for the driveway will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. The driveway already exists and with the conditions of approval will not create adverse effects. 6. The alleged difficulty to waive the 50-foot buffers for both the stream and wetland for the driveway is not self-created. 7. The shape and physical characteristics of the property are such that the granting of the area variances to waive the 50-foot buffers for both the stream and wetland for the driveway is warranted. 8. The location of the stream and wetlands on and/or adjacent to the property are such that the granting of the area variances to waive the 50-foot buffers for both the stream and wetland for the driveway is warranted. There is no other access to the property. 9. The location and extent of the proposed buffer intrusions are such that the granting of the area variances to waive the 50-foot buffers for both the stream and wetland for the driveway is warranted. There is no other way to access the property. 10. Alternative designs are not possible which require less intrusion. There is no other access to the property. 11. The impacts to water quality are such that the granting of the area variances to waive the 50-foot buffers for both the stream and wetland for the driveway is warranted. The conditions of approval will further ameliorate any detriments. 12. The property's shape, topography, and/or other physical conditions does prevent the subject land from development unless the variance are granted. For the reasons set forth above, and upon the evidence, law and facts, the BZA hereby does grant the area variances to waive the 50-foot buffers for both the stream and the wetland for the driveway, and does/does not grant permission for a grading permit in the stream and wetland including excavation, fill, and construction of culverts for the d riveway associated with a building permit to construct a new detached dwelling located at 5280 Curry Road, subject to the following conditions: 6 Conditions of Approval: 1. No other grading, including excavation and/or fill, of the stream, wetland, and their associated buffers shall be permitted without prior approval from the Town of ulysses. 2. Land clearing, grading, filling, and alteration of natural drainage features and land forms shall be limited to the minimum necessary. 3. Parking and storage of vehicles shall be prohibited on the driveway located in the wetland and its buffer. 4. All exposed ground must be reseeded within 30 days of the completion of construction. If reseeding is not practical due to weather or seasonal restraints, the ground must be covered with mulch or as directed by the Town’s Building Official. MOVED: Ms. Moore SECONDED: Ms. Meador AYES: Moore, Hillman, Morreale, Thompson, Meador VOTE: 4-0 MOTION: Ms. Thompson moved that the BZA accepts the “Lot line adjustment map” as evidence that the wetland is over 100 feet from the house and a delineation is not required. This was seconded by Mr. Hillman and passed unanimously. TOWN BOARD LIAISON REPORT: (None due to the late hour) ADJOURN: Ms. Meador made a motion to adjourn at 9:26pm. This was seconded by Ms. Thompson and passed unanimously. Respectfully submitted by Carissa Parlato, Town Clerk, 5/29/25