HomeMy WebLinkAboutBZA Resolution 2023-009, 29.-1-41 TOWN OF U LYSSES
BOARD OF ZONING APPEALS
Board of Zoning Appeals Resolution No. 2023-009
A Resolution for two Area Variances for the Gaulke Tram Located at 5 Maplewood Road,
Town of Ulysses,Tax Parcel 29.-1-41
Whereas, a request for two area variances was submitted to the Board of Zoning Appeals (BZA)
by by Shawn Ritchie, FLX Tram, applicant and representative of Chris Gaulke, owner, for
property located at 5 Maplewood Road (tax map# 29.-1-41), and which is approximately .79
acres in size; and
Whereas, the subject lot is zoned LS: Lakeshore zone and the proposed new construction is
located within the HzE (Hudson and Dunkirk soils, 20%to 45% slopes); and
Whereas, the request includes two separate area variances which are related to a site plan
application with the Planning Board to construct a new 100-foot tram system within required
setbacks; and
Whereas, the first area variance request is relief from 212-47.E and 212.167.A to construct the
tram within the 40 foot minimum required front yard setback; and
Whereas, the second area variance request is relief from 212-124.13 to permit the tram within
the 75 foot minimum required buffer setback from the lake; 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 (SEAR), Section 5.c.16 "granting of individual setback
and lot line variance..." and requires no further review; and
Whereas, the action required 239 review, and Tompkins County determined in their comment
letter dated August 4, 2023, that the proposal will have a significant county-wide or inter-
community impact, and recommended modifications for the Board to consider; and
Whereas, the BZA did conduct meetings on July 19, 2023, August 16, 2023, and September 6,
2023 to discuss the proposed variance requests; and
Whereas, notice of the public hearing was published in the Ithaca Journal on August 9, 2023
and on August 25, 2023, was posted on the Town's Public Legal Notice Board, was posted on
the Town's webpage, and mailed to property owners within a 500-foot radius of the subject
property; and
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Whereas, the BZA did conduct a public hearing on December 20,2023 were it reviewed a site
plan entitled "Survey Map No. 5 Maplewood Road Town of Ulysses, Tompkins County, New
York", prepared by T.G. Miller dated July 5, 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:
1. The benefit to the applicant in the granting of the area variance to decrease the front yard
setback from 40 feet to 3 feet and 6 inches will outweigh the detriment to the health, safety
and welfare of the neighborhood.
2. The granting of the area variance to decrease the front yard setback from 40 feet to 3 feet
and 6 inches will not create an undesirable change in the character of the neighborhood
and will not be a detriment to nearby properties. BZA members have visited the site and
concur that the character of the neighborhood will not be changed to the detriment of
other properties.
3. The benefit sought by the applicant to decrease the front yard setback from 40 feet to 3
feet and 6 inches cannot be achieved by some method, feasible for the applicant to pursue
other than an area variance. Two BZA members visited the site and determined that other
options of going down the slope are not as viable as the proposed route.
4. The requested area variance to decrease the front yard setback from 40 feet to 3 feet and 6
inches is substantial.
5. The proposed area variance to decrease the front yard setback from 40 feet to 3 feet and 6
inches will not have an adverse effect or impact on the physical or environmental conditions
in the neighborhood or district. Consideration of one large chestnut oak, an indicator
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species in the Unique Natural Area, will be protected to the extent practical. Proposed
building methods by the installer are minimally invasive. The two members of the BZA who
visited the site are present for the hearing and will be deliberating and voting.
6. The alleged difficulty to decrease the front yard setback from 40 feet to 3 feet and 6 inches
is self-created.
7. The benefit to the applicant in the granting of the area to decrease the 75 foot buffer
setback from the lake to 3 feet and 6 inches will outweigh the detriment to the health,
safety and welfare of the neighborhood. Due to minimal disturbance and minimal footprint,
the substantial variance is mitigated.
8. The granting of the area variance to decrease the 75 foot buffer setback from the lake to 3
feet and 6 inches feet 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 decrease the 75 foot buffer setback from the lake to
3 feet and 6 inches cannot be achieved by some method, feasible for the applicant to
pursue other than an area variance. Two BZA members visited the site and came to this
conclusion.
10. The requested area variance to decrease the 75 foot buffer setback from the lake to 3 feet
and 6 inches is substantial.
11. The proposed area variance to decrease the 75 foot buffer setback from the lake to 3 feet
and 6 inches will not have an adverse effect or impact on the physical or environmental
conditions in the neighborhood or district for the reasons stated above. This will be
mitigated by the conditions agreed to by the applicant.
12. The alleged difficulty to decrease the 75 foot buffer setback from the lake to 3 feet and 6
inches 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 decrease the front yard setback from the east lot line from 40 feet to
3 feet and 6 inches, and does grant the area variance to decrease the setback from the lake
from 75 feet to 3 feet and 6 inches for the proposed new tram located at 5 Maplewood Road,
subject to the following conditions:
Conditions of Approval:
1. Exclusive of the safety egress stairs attached to the tram, the applicant has agreed not to
construct a separate stairway. When the property is conveyed to a third party, this
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restriction will be memorialized in a restrictive covenant.
2. A site plan or survey shall be submitted to the Planning Board forth eir final site plan review
that delineates the proposed tram in relation to the UNA-62 boundaries (the Maplewood
Glen and Lake Slopes Unique Natural Area). Should any portion of the tram be located
within UNA-62,there shall be minimal disturbance of the land during construction to the
maximum extent feasible.
Board of Zoning Appeals Chair Date
Ayes: Butler, Hillman, Morreale, Thompson, Tyler
Nays: None
Absent: Howarth
Abstain: None
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