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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. 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L f �` �-— ~` r/ /%--""✓-- /r f r .mac rn� • "L(�C . -'=_ - �,. �.'� '��� I—_ �� Jam/ /�f I — PROPERTY LINE PER MAP REF. No. 3 CULTIVATED FIELD"-tom J o —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 I ICY` UTILITY POLE I r— GUY WIRE A LIGHT POLE 0' 100' 200' 300, 0 DECIDUOUS TREE c CONIFEROUS TREE WARNM I SHRUB COWM AW To scow r" AUERA M OF IM UW Nor SU MSIM Y,NEW MW STATE I _ OUY1AWWLLiGp 0 IMWAflr� �n SIGN WP OR own■EW 1NE WROMM E.E=100.0 ENTRANCE ELEVATION Wj xwosE OF THE o I I srauTURE,wrEAnrss HET1EaN. 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