HomeMy WebLinkAboutBZA Resolution 2023-008, 22.-2-4 TOWN OF U LYSSES
BOARD OF ZONING APPEALS
Board of Zoning Appeals Resolution No. 2023-008
A Resolution for two Area Variances for the New Women's Residential Addiction Recovery
Center Located at 6621 Route 227,Town of Ulysses, Tax Parcel 22.-2-4
Whereas, a request for two area variances was submitted to the Board of Zoning Appeals (BZA)
by Ithaca Alpha House Center, Inc. doing business as Cayuga Addiction Recovery Services,
applicant and owner for property located at 6621 Route 227 (tax map # 22.-2-4), and which is
approximately 5.92 acres in size, zoned A/R: Agricultural/Rural; and
Whereas, the request includes two separate area variances which are related to a special
permit and site plan application with the Planning Board to construct a new two-story detached
building, approximately 13,617 gross square feet, for use as a 25 bed facility associated with the
existing Cayuga Addiction Recovery Services building on the subject site as shown on the site
plan dated March 7, 2023 and revised July 13, 2023; and
Whereas, the first area variance request is relief from the Code of the Town of Ulysses 212-
29.A, to permit a second principal building on the subject lot; and
Whereas, the second area variance request is relief from the Code of the Town of Ulysses 212-
291, to exceed the 5,000 square foot maximum floor area for the proposed new building; and
Whereas, both the BZA and the Planning Board considered a similar development proposal by
the applicant in 2019; and
Whereas, the Planning Board was designated Lead Agency in 2019 and issued a negative
determination of environmental significance on the previous proposed development on
September 3, 2019; and
Whereas, the Planning Board on June 6, 2023 considered an amended proposal and
determined that no substantive changes were proposed for the project, no substantive new
information was discovered, and no substantive changes in circumstances related to the project
have arisen that were not previously considered, and affirmed and upheld the previous
negative determination of environmental significance for the amended proposed development;
and
Board of Zoning Appeals Resolution No. 2023-008 Page 1 of 4
Whereas, the action required 239 review, and Tompkins County determined in their comment
letter dated April 11, 2023, that the proposal will have a significant county-wide or inter-
community impact, and recommended modifications and comments for the Board to consider;
and
Whereas, the BZA did conduct meetings on June 21, 2023 and July 19, 2023 and discussed the
proposed variance requests; and
Whereas, notice of the public hearing was published in the Ithaca Journal on April 10, 2023 and
on August 9, 2023, 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 August 16, 2023 were it reviewed a site plan
entitled "Site Layout Plan Drawing No SP-100", prepared by Fontanese, Folts, Aubrecht, Ernst
Architects dated March 7, 2023, revised March 20, 2023, April 11, 2023, and July 13, 2023 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.
NOW,THEREFORE, BE IT RESOLVED AS FOLLOWS,
Considering all of the statutory factors set forth above, the Board of Zoning Appeals finds the
following:
Board of Zoning Appeals Resolution No. 2023-008 Page 2 of 4
1. The benefit to the applicant in the granting of the area variance to construct a second
principal building on the subject lot will outweigh the detriment to the health, safety and
welfare of the neighborhood.
2. The granting of the area variance to construct a second principal building on the subject lot
will create an undesirable change in the character of the neighborhood and will be a
detriment to nearby properties but this is ameliorated given the overall size of the
combined parcels and given a requirement that a restrictive covenant will be filled on both
parcels.
3. The benefit sought by the applicant to construct a second principal building on the subject
lot can be achieved by some method, feasible for the applicant to pursue other than an area
variance.
4. The requested area variance to construct a second principal building on the subject lot is
substantial.
5. The proposed area variance to construct a second principal building on the subject lot will
have an adverse effect or impact on the physical or environmental conditions in the
neighborhood or district; however it is ameliorated.
6. The alleged difficulty to construct a second principal building on the subject lot is self-
created.
7. The benefit to the applicant in the granting of the area variance to exceed the 5,000 square
foot maximum floor area for the proposed new building will outweigh the detriment to the
health, safety and welfare of the neighborhood.
8. The granting of the area variance to exceed the 5,000 square foot maximum floor area for
the proposed new building will not create an undesirable change in the character of the
neighborhood and will not be a detriment to nearby properties.
9. The benefit sought by the applicant to exceed the 5,000 square foot maximum floor area for
the proposed new building cannot be achieved by some method, feasible for the applicant
to pursue other than an area variance.
10. The requested area variance to exceed the 5,000 square foot maximum floor area for the
proposed new building is substantial.
11. The proposed area variance to exceed the 5,000 square foot maximum floor area for the
proposed new building will not have an adverse effect or impact on the physical or
environmental conditions in the neighborhood or district.
Board of Zoning Appeals Resolution No. 2023-008 Page 3 of 4
12. The alleged difficulty to exceed the 5,000 square foot maximum floor area forth e proposed
new building is self-created.
For the reasons set forth above, and upon the evidence, law and facts,the BZA hereby does
grant the area variance to construct a second principal building on the subject lot, and does
grant the area variance to exceed the 5,000 square foot maximum floor area for the proposed
new building, approximately 13,617 gross square feet, located at 6621 Route 227, subject to
the following conditions:
Conditions of Approval
1. A restrictive covenant, as shown in Exhibit A, as revised to a maximum lot coverage of 4.5
percent, and included herein, shall be recorded against the subject property and the
adjacent property, Parcel 10.00-3-18, located in the Town of Hector. A certified copy of the
recorded instruments shall be filed with the Town of Ulysses prior to Certificate of
Occupancy.
2. Minor modification of the proposed gross square footage of the new building is permitted
without additional review or approval of the BZA. Minor modification is defined herein as
the construction of less than 500 square feet. Gross square footage over 14,116 shall
require review and approval by the BZA.
3. The applicant shall document that they have considered the four energy elements for new
construction projects outlined in the Tompkins County Energy Recommendations for New
Construction (2018) as part of their construction permit application.
4. The proposal shall utilize lower-level LED lighting, and all outdoor LED lighting shall not be
higher than 2700 CCT.
l�r'� <'1/ ''
Board of Zoning Appeals Chair Date
Ayes: Butler, Hillman, Howarth, Chair Morreale
Nays: Tyler
Absent: Thompson
Abstain:
Board of Zoning Appeals Resol!ition No. 2023-008 Page 4 of 4
BZA REZOLUTION 2023-008 EXHIBIT A
DECLARATION OF RESTRICTIVE COVENANT
THIS DECLARATION OF RESTRICTIVE COVENANTS ("Declaration") is made
by ITHACA ALPHA HOUSE CENTER, INC., d/b/a Cayuga Addiction Recovery Service or
CARS, a New York State not-for-profit corporation with an address of 6621 Route 227, Ulysses,
New York 14850 ("CARS") effective this 1 AND IS GIVEN in favor of
the Town of Ulysses, a municipal corporation having an address of 10 Elm Street, Trumansburg,
New York 14886 ("Town of Ulysses").
WITNESSETH THAT:
WHEREAS, CARS is the owner of that certain real property located at 6621 Route 227,
Town of Ulysses, County of Tompkins and State of New York, identified as Tax Map Parcel No.
22.-2-4 (the "Ulysses Property"), and that certain real property located adjacent to the Ulysses
Property located at State Route 227, Town of Hector, County of Schuyler and State of New York,
identified as Tax Map Parcel No. 10.00-3-18 (the"Hector Property") (together,the"Premises"),
which premises are described in greater detail on Schedule "A" attached hereto and incorporated
herein.
WHEREAS, CARS is developing a 25-bed women's residential addiction recovery
facility on the Ulysses Property and in pursuance thereof has sought an area variance from the
Town of Ulysses Board of Zoning Appeals ("Variance"); and
WHEREAS, as a condition of the approval of the Variance and to benefit the Town of
Ulysses,all in accordance with Resolution No. [ ]2 passed by the Town of Ulysses
Board of Zoning Appeals on August 16, 2023, CARS herein makes and records this Declaration
to assure that, in addition to complying with the requirements set forth in any then applicable
zoning codes of either the Town of Hector or the Town of Ulysses, as the case may be, no
improvements will be constructed on the Premises that result in lot coverage in excess of four and
one half percent(4.5%) of the total land area of the Premises.
NOW THEREFORE,that in consideration of the premises set forth above and other good
and valuable consideration,the receipt and sufficiency of which are hereby acknowledged, CARS
hereby declares:
1. The above recitals are incorporated by reference and are hereby made a part of this
Agreement.
2. CARS hereby voluntarily promises, covenants and agrees that, in addition to complying
with the requirements set forth in any then applicable zoning codes of either the Town of
Hector or the Town of Ulysses, as the case may be, it shall construct no improvements on
'To be recorded and made effective prior to issuance of building permit
'Subject to confirmation by Town of Ulysses
(H3746473.5)
BZA REZOLUTION 2023-008 EXHIBIT A Page 1 of 5
BZA REZOLUTION 2023-008 EXHIBIT A
the Premises which would result in lot coverage in excess of four and one half percent
(4.5%) of the total land area of the Premises (the "Restrictive Covenant").
3. Any modification of the Restrictive Covenant shall require the approval of the Town of
Ulysses Board of Zoning Appeals or such successor body as is then performing the same
function as the Town of Ulysses Board of Zoning Appeals.
4. In the event of a violation or breach of any provision contained in this Declaration by any
of the parties, the Town of Ulysses Board of Zoning Appeals or such successor body shall
have the right to enforce this Declaration by appropriate proceedings.
5. CARS represents and warrants that it has full authority to enter into this Declaration, and
that it has good and marketable title to the Premises.
6. CARS represents and warrants that it shall record an original executed copy of this
Declaration in the County Clerk's Office of both Tompkins and Schuyler Counties, and
shall deliver a copy of such recorded instrument to both the Towns of Hector and Ulysses.
7. Said restrictive covenant shall run with the land and be binding upon all persons having
now or hereafter acquiring any right,title or interest in the Premises,their heirs, successors
and/or assigns, and shall inure to the benefit of CARS and the Town of Ulysses. CARS,
and its successors and assigns, shall specifically reference the applicability of this
Declaration within any deed conveying all or a portion of the Premises.
IN WITNESS WHEREOF, the grantor has executed this Declaration the day and year above
written.
ITHACA ALPHA HOUSE CENTER, INC. d/b/a
Cayuga Addiction Recovery Services or CARS
By:
Name: Cristine Donovan
Title: President of the Board of Directors
STATE OF NEW YORK )
COUNTY OF TOMPKINS ) ss:
On the day of in the year before me,the undersigned,a Notary
Public in and for said State, personally appeared , personally known to me or
proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are)
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the
individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument.
Notary Public
(H3746473.5)
BZA REZOLUTION 2023-008 EXHIBIT A Page 2 of 5
BZA REZOLUTION 2023-008 EXHIBIT A
SCHEDULE "A"
For reference only:
6621 New York State Route 227
Town of Ulysses, Tompkins County-Tax Map #22.-2-4
Town of Hector, Schuyler County - Tax Map# 10.00-3-18
ALL THAT TRACT OR PARCEL OF LAND,being in the Town of Ulysses, County of
Tompkins and State of New York, and in the Town of Hector, County of Schuyler and State of
New York, being more particularly bounded and described as follows:
BEGINNING at a point in the centerline of New York State Route 227, which point is located
northeasterly along said centerline a distance of 1,791.6 feet from the intersection of the
centerlines of New York State Route 227 and Indian Fort Road, and which point is also the
northeasterly corner of lands reputedly of Hoffarcor, Inc. (Schuyler County Liber 603/page 32);
THENCE running S 86'18'18"W along the north boundary of lands reputedly of Hoffarcor, Inc.
(Schuyler County Liber 603/page 32),passing through an iron pin set in the westerly right of
way line of New York State Route 227, and passing through the county line between the
Counties of Tompkins on the east and Schuyler on the west, a total distance of 3046.99'to a
point marked by an iron pin;
THENCE running N 02°23'31"W along a portion of the east boundary of lands reputedly of
Hirst(Schuyler County Liber 365/page 636) a distance of 488.56'to a point marked by an iron
pin;
THENCE running N 88°00'32"E along a portion of the south boundary of lands reputedly of
Mackenzie (Schuyler County Liber 369/page 12) a distance of 1451.56'to a computed point a
distance of 12.8'west of an iron pin found;
THENCE running N 87°45'00"E along the south boundary of lands reputedly of Reynolds
Farm, LLC (Schuyler County Liber 355/page 499) a distance of 1265.56'to a point marked by
an iron pin set in the county line between the Counties of Schuyler on the west and Tompkins on
the east;
THENCE running N 01°48'37"W along the said county line a distance of 290.81'to a point
marked by an iron pin;
THENCE running S 71°18'33"E along the south boundary of lands reputedly of Hoffarcor, Inc.
(Tompkins County Liber 761/page 123) a distance of 595.48'to a computed point in the
centerline of New York State Route 227;
THENCE running S 23°02'15"W along the centerline of New York State Route 227 a distance
of 534.34'to the point and place of beginning.
(H3746473.5)
BZA REZOLUTION 2023-008 EXHIBIT A Page 3 of 5
BZA REZOLUTION 2023-008 EXHIBIT A
Containing an area of 6.336 acres of land in Tompkins County, and 28.017 acres of land in
Schuyler County.
Reference is made to a survey map prepared by Lee Dresser, L.L.S. #050096, of T.G. Miller, P.C.
Engineers and Surveyors, entitled, `Boundary&Topographic Map,No. 6621 N.Y.S. Route 227,
Town of Ulysses, Tompkins County,New York, Town of Hector, Schuyler County,New York"
dated December 19, 2018, which survey map is incorporated herein by reference and intended to
be filed in the Tompkins and Schuyler County Clerk's Offices concurrently herewith.
BEING the same premises conveyed to Ithaca Alpha House Center, Inc. as follows:
1. Warranty deed from New York Alpha Foundation dated November 13, 1998 and recorded
in the Tompkins County Clerk's Office the same date in Liber 834 at Page 114;
2. Warranty deed from Hoffarcor, Inc. dated February 26, 2002 and recorded in the
Tompkins County Clerk's Office on February 27, 2002 in Liber CD2504 at Page 2037,
and also recorded in the Schuyler County Clerk's Office on February 27, 2002 in Liber
333 at Page 112;
3. Warranty deed from Hoffarcor, Inc. dated December 7, 2004 and recorded in the Schuyler
County Clerk's Office on December 8, 2004 in Liber 343 at Page 527, and also recorded
in the Tompkins County Clerk's Office on December 13, 2004 at Instrument No. 465593-
001.
(H3746473.5)
BZA REZOLUTION 2023-008 EXHIBIT A Page 4 of 5
BZA REZOLUTION 2023-008 EXHIBIT A
I I
I I i
NOTES:
1.) HORIZONTAL DATUM OF MAPPING IS APPROXIMATE NAD 83 PER G.P.S.
OBSERVATION AND VERTICAL DATUM IS APPROXIMATE NGVD29.
2.) UNDERGROUND UTILITIES HAVE BEEN LOCATED FROM AVAILABLE RECORDS, FIELD I
OWNER INFORMATION LOCATIONS OF ABOVE GROUND STRUCTURES AND ANY MARKINGS PROVIDED BY THE
UTILITY AUTHORITY. THEREFORE, THESE LOCATIONS MUST BE CONSIDERED APPROXIMATE. I
ITHACA ALPHA HOUSE CENTER, INC. THERE MAY BE OTHER UNDERGROUND UTILITIES AND/OR STRUCTURES, THE LOCATION
DEED BOOK 834, PAGE 114 AND EXISTENCE OF WHICH IS NOT PRESENTLY KNOWN. LOCATIONS, SIZES AND
MATERIALS OF UNDERGROUND UTILITIES ARE BASED ON BEST AVAILABLE EVIDENCE AS I
UBER CO2504, PAGE 2036 NOTED ABOVE. VERIFY ALL UTILITIES PRIOR TO DESIGN OR CONSTRUCTION.
o INSTRUMENT No. 465593-001 3.) IN THE EVENT THAT THERE IS A DISCREPANCY BETWEEN THE CONTENTS OF THE — — —
(`fOMPKINS COUNTY) SIGNED AND SEALED HARD COPY DRAWING AND THE CORRESPONDING DIGITAL DRAWING
TAX MAP NO. 22-24 FILE, THE HARD COPY WITH AN ORIGINAL STAMP AND SIGNATURE SHALL BE THE — —
CONTROLLING DOCUMENT.
a AREA=6.336 ACRES TO ROAD R/W 4.)THIS SURVEY MAP PREPARED WITHOUT BENEFIT OF AN ABSTRACT OF TITLE
(SCHUYLER COUNTY) PROVIDED, SUBJECT TO ANY STATE OF FACT THAT AN UPDATED ABSTRACT OF TITLE
TAX MAP No. 10-1-25.2 MAY SHOW. c I
AREA=28.017 ACRES 5.)TOPOGRAPHIC INFORMATION SHOWN HEREON IN THE TOWN OF ULYSSES IS FROM o
PRIOR MAPPING DONE BY T.G. MILLER P.C. IN 2017. z o
6.) INFORMATION SHOWN HEREON IS FROM FIELD WORK PERFORMED ON 1211912018.
0
NO FIELD VISIT AT THIS TIME
MAP REFERENCES; o I
I REA"GAS.RVEY FOR NEW YORK ALPHA FOUNDATION..." DATED 411511998 BY MICHAEL I A I
2.)"MAP OF SURVEY CORNERSTONE RESIDENTIAL FACILITY..." DATED 61912001 REVISED I
1011512004 BY ROBERT RUSSLER.
3.)"MAP OF CONSOLIDATION & DIVISIONS OF LANDS OF HOFFARCOR, INC....- DATED
112512018 BY T. MERRILL & ASSOCIATES LAND SURVEYING.
4.)"SURVEY MAP LANDS OF MARJORIE P. HALL (MCDANNEL)..." DATED 811011998 BY
T.G. MILLER P.C.
5.)"SURVEY MAP SHOWING LANDS OF ELIZABETH REYNOLDS LOCATED ON N.Y.S. ROUTE
227..." DATED 1111412006 BY T.G. MILLER P.C.
1 HOFFAR�I2,31NC. (R.O.)
a �'" TAX MAP No. 23-1-1.2
1 I 178+
o � \( � t 1025
I MACKENIIE R.O. REMOLDS5FA 9 LLC (R.O.) �1 St �1p20
36
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TAX MAP No. f 0-1-20.1 � ``� f f r '' `
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oll
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EXCEPT & RESERVE ALL
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now
�� � �_ � ""-- -.,-.. �"`.- -----,_--- ----- � �� .-•''� 1 � � ,1 f f !! � � � � ff�f f 100� UTILITY RIGHT OF WAYS"
1035
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HIRST 365 636) �' '.,{, _ �( t C �y.�.S y �..Y� .U��- L < / f - - r-- �1 /' / r 'lwmr -1 P J J j 1A Z t
TAX MAP No. 10-1-24.1 . `-l'..`yw- .�y-' y.. � ------ f /' f f ------• ,� .,,,. /� f
��Z �sz5 �� �.� ( (. L f �` �-— ~` r/ /%--""✓-- /r f r .mac rn�
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—CULTIVATED FIELD'— —
HOFFARCOR, INC. (R.O.)
— 3046.9932
No. 70
— — S 86"18'18 r W TAX MAP No. -1-25.1
"'�' PROPERTY LINE PER MAP REF. No. 3
HOFFARCOR, INC. (R.O.)
603/32
TAX MAP No. 10-1-25.1
LEGEND
OVERHEAD WIRES
I SANITARY SEWER MAIN
WATER MAIN
GAS MAIN
STORM SEWER MAIN
UNDERGROUND TELEPHONE
UNDERGROUND ELECTRIC
EXISTING DITCH
I PROPERTY LINE
I Q MANHOLE
O SQUARE CATCH BASIN
D4 WATER VALVE
-b- FIRE HYDRANT
O C.O. CLEANOUT
ICI GAS VALVE
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CERTIFICATION X IRON PIN FOUND TITLE. REVISED '=�J
f �
1 hereby certify to IRON PIPE FOUND , �� Es C}
CALCULATED POINT BOUNDARY & TOPOGRAPHIC MAP „� I�
that I am a licensed land surveyor, New York State License G
No.050096, and that this map correctly delineates an
actual survey on the g y round made b me or under my direct No. 6621 N.Y.S. ROUTE 22
and that 1 found no visible encroachments either T. G. MILLER P.C.
way across property lines except as shown hereon. AND SURVEYORS TOWN OF ULYSSES, TOMPKINS COUNTY, NEW YORK
ENGINEERS
SIGNED: 9u'.a � DATED: t2 1a L®1 TOWN OF HECTOR, SCHUYLER COUNTY, NEW YORK ;`�'� vz
203 NORTH AURORA STREET
ITNACA, NEW YORK 14850 �� r OfiCfl��c�
DATE: SCALE:
BZA REZOLUTION 2023 008 EXHIBIT A 5.
TEL(807)272-6477 �_ QO�
12/19/2018 S1 81 0628-1 00'SCALE