HomeMy WebLinkAboutBZA Resolution 2024-002, 12.-3-12.2 TOWN OF U LYSSES
BOARD OF ZONING APPEALS
Board of Zoning Appeals Resolution No. 2024-002
A Resolution for Four Area Variances for the Bennett Two Lot Subdivision Located at 4450
Ploss Lane, Town of Ulysses, Tax Parcel 12.-3-12.2
Whereas, a request for four area variances was submitted to the Board of Zoning Appeals (BZA)
by Charles Guttman, on behalf of the property owners, Marcie Bennett-Gray and Thomas
Bennett Jr., for property located at 4450 Ploss Lane, Tax Parcel 12.-3-12.2; and
Whereas, the area variance requests are related to a minor subdivision application with the
Planning Board to subdivide the subject lot into two parcels: 'Parcel A' approximately 5,508
square feet (sf) and 'Parcel B' approximately 66,146sf in area as shown on the plat attached;
and
Whereas, the first area variance request is relief from the Code of the Town of Ulysses (CTU)
212-40.13, to reduce the minimum required lot area for 'Parcel A' from 32,000sf to 5,508sf; and
Whereas, the second area variance request is relief from CTU 212-40.D, to reduce the minimum
required lot width at the front lot line for 'Parcel A' from 160 feet to 146.75 feet; and
Whereas, the third area variance request is relief from CTU 212-40.E, to reduce the minimum
required lot depth for 'Parcel A' from 200 feet to 75.09 feet; and
Whereas, the fourth area variance request is relief from CTU 212-40.J, to exceed the maximum
lot coverage for 'Parcel A' from 7.5 percent to 12.6 percent; and
Whereas, the Planning Board did declare its intent to act as Lead Agency for the environmental
review for the proposal on December 5, 2023; and
Whereas, the BZA did agree to declare the Planning Board as Lead Agency on December 20,
2023; and
Whereas, the Planning Board did issue a negative determination of environmental significance
under the New York Codes, Rules, and Regulations Title 6, Part 617 on May 21, 2024 and
therefore an Environmental Impact Statement is not required; and
Whereas, pursuant to Consolidated Laws of New York (CLNY) Chapter 24, Article 12-13, Sections
239 L, M, and N the proposal was submitted to Tompkins County for review; and
Board of Zoning Appeals Resolution No. 2024-002 Page 1 of 5
Whereas, The Department of Planning & Sustainability of Tompkins County submitted their
response letter to the Town dated December 21, 2023 that states they determined the
proposed action will have no significant county-wide or inter-community impact; and
Whereas, the BZA did conduct public meetings on December 20, 2023 and October 23, 2024 an
discussed the proposed variance requests; and
Whereas, notice of the public hearing was published in the Ithaca Journal on October 11, 2024,
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
Whereas, the BZA did conduct a public hearing on October 23, 2024 were it reviewed a plat
entitled "Final Plat for 4450 Ploss Lane— Parcel 12.-3-12.2, Town of Ulysses, Tompkins
County, New York", prepared by T.G. Miller, P.C., dated September 21, 2023 and revised
September 11, 2024, and other application materials; and
Whereas, by considering the criteria listed in CLNY 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 variance.
2. Whether the benefit sought by the applicant can be achieved by some other method,
feasible for the applicant to pursue, other than the area variance.
3. Whether the requested area variance is substantial.
4. Whether the proposed variance 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 reduce the minimum
required lot area for 'Parcel A' from 32,000sf to 5,508sf will outweigh the detriment to the
health, safety and welfare of the neighborhood with the deed restriction in place.
2. The granting of the area variance to reduce the minimum required lot area for 'Parcel A' will
not create an undesirable change in the character of the neighborhood and will not be a
detriment to nearby properties due to a deed restriction on further development that will
be required as a condition of approval.
Board of Zoning Appeals Resolution No. 2024-002 Page 2 of 5
3. The benefit sought by the applicant to reduce the minimum required lot area for 'Parcel A'
can be achieved by some other method, feasible for the applicant to pursue other than an
area variance; however, with the deed restriction this is the most desirable outcome for the
owners which will preserve the character of the site.
4. The requested area variance to reduce the minimum required lot area for 'Parcel A' is
substantial.
5. The proposed area variance to reduce the minimum required lot area for 'Parcel A' will not
have an adverse effect or impact on the physical or environmental conditions in the
neighborhood or district with the deed restriction in place.
6. The alleged difficulty to reduce the minimum required lot area for 'Parcel A' is self-created.
7. The benefit to the applicant in the granting of the area variance to reduce the minimum
required lot width at the front lot line for 'Parcel A' from 160 feet to 146.75 feet will
outweigh the detriment to the health, safety and welfare of the neighborhood with the
deed restriction in place.
8. The granting of the area variance to reduce the minimum required lot width at the front lot
line for 'Parcel A' will not create an undesirable change in the character of the
neighborhood and will not be a detriment to nearby properties due to a deed restriction on
further development that will be required as a condition of approval.
9. The benefit sought by the applicant to reduce the minimum required lot width at the front
lot line for 'Parcel A' can be achieved by some other method, feasible for the applicant to
pursue other than an area variance; however, with the deed restriction this is the most
desirable outcome for the owners which will preserve the character of the site.
10. The requested area variance to reduce the minimum required lot width at the front lot line
for 'Parcel A' is not substantial.
11. The proposed area variance to reduce the minimum required lot width at the front lot line
for 'Parcel A' will not have an adverse effect or impact on the physical or environmental
conditions in the neighborhood or district with the deed restriction in place.
12. The alleged difficulty to reduce the minimum required lot width at the front lot line for
'Parcel A' is self-created.
13. The benefit to the applicant in the granting of the area variance to reduce the minimum
required lot depth for 'Parcel A' from 200 feet to 75.09 feet will outweigh the detriment to
the health, safety and welfare of the neighborhood with the deed restriction in place.
Board of Zoning Appeals Resolution No. 2024-002 Page 3 of 5
14. The granting of the area variance to reduce the minimum required lot depth for 'Parcel A'
will not create an undesirable change in the character of the neighborhood and will not be a
detriment to nearby properties due to a deed restriction on further development that will
be required as a condition of approval.
15. The benefit sought by the applicant to reduce the minimum required lot depth for 'Parcel A'
can be achieved by some other method, feasible for the applicant to pursue other than an
area variance; however, with the deed restriction this is the most desirable outcome for the
owners which will preserve the character of the site.
16. The requested area variance to reduce the minimum required lot depth for 'Parcel A' is
substantial.
17. The proposed area variance to reduce the minimum required lot depth for 'Parcel A' will not
have an adverse effect or impact on the physical or environmental conditions in the
neighborhood or district with the deed restriction in place.
18. The alleged difficulty to reduce the minimum required lot depth for 'Parcel A' is self-
created.
19. The benefit to the applicant in the granting of the area variance to exceed the maximum lot
coverage for 'Parcel A' from 7.5 percent to 12.6 percent will outweigh the detriment to the
health, safety and welfare of the neighborhood with the deed restriction in place.
20. The granting of the area variance to exceed the maximum lot coverage for 'Parcel A' will
create an undesirable change in the character of the neighborhood and will not be a
detriment to nearby properties due to a deed restriction on further development that will
be required as a condition of approval.
21. The benefit sought by the applicant to exceed the maximum lot coverage for 'Parcel A' can
be achieved by some other method, feasible for the applicant to pursue other than an area
variance; however, with the deed restriction this is the most desirable outcome for the
owners which will preserve the character of the site.
22. The requested area variance to exceed the maximum lot coverage for 'Parcel A' is
substantial.
23. The proposed area variance to exceed the maximum lot coverage for 'Parcel A' will not have
an adverse effect or impact on the physical or environmental conditions in the
neighborhood or district with the deed restriction in place.
24. The alleged difficulty to exceed the maximum lot coverage for 'Parcel A' is self-created.
Board of Zoning Appeals Resolution No. 2024-002 Page 4 of 5
For the reasons set forth above, and upon the evidence, law and facts, the BZA hereby does
grant the area variance to reduce the minimum required lot area for 'Parcel A'from 32,000sf to
5,508sf, does grant the area variance to reduce the minimum required lot width at the front lot
line for 'Parcel A' from 160 feet to 146.75 feet, does grant the area variance to reduce the
minimum required lot depth for 'Parcel A' from 200 feet to 75.09 feet, and does grant the area
variance to exceed the maximum lot coverage for 'Parcel A' from 7.5 percent to 12.6 percent
for the proposed minor subdivision located at 4450 Floss Lane, subject to the following
conditions:
Conditions of Approval:
1. A deed restriction prohibiting any additional structures shall be recorded against Parcel A
and a certified copy of the recorded instrument shall be filed with the Town with
submission of the final plat map for approval signatures.
2. Any future request to remove the deed restriction shall require approval by the BZA.
3. The existing garage shall not be used as habitable space.
/0 1/ 2- /Z021
Board of Zoning Appeals Chair Date
Ayes: Hillman, Meador, Morreale, Thompson
Nays: None
Absent: Howarth
Abstain: Tyler
Board of Zoning Appeals Resolution No. 2024-002 Page 5 of 5
TITLE INFORMATION TITLE INFORMATION LEGEND
PARCEL „A„ PARCEL "Bss LINE BEARING DISTANCE Q-COMPUTED POINT
MARCIE BENNETT GRAY MARCIE BENNET * GRAY L1 S 69'04 39 w 124.10 -PIN SET WITH CAP
L2 S 07-13 15 W 75.09 )1(-IRON PIN FOUND
& THOMAS D. BENNET ' JR. & THOMAS D. BENNETT' JR. L3 N 84.0s o8 W 146.75 fig(-IRON PIPE FOUND
part of INSTR. #479779-001 part of INSTR. J479779-001 IL4 N 69'04 39 E 166.38 O-UTILITY POLE
P/0 TAX MAP No. 12-3-12.2 P/0 TAX MAP No. 12-3-12.2 * -PROPOSED NEW DIVISION LINE
N =(5508 sq.ft) 0.13 ACRES TO ROAD'S =(66146 sq. ft.)1.52 ACRES TO q ROAD
Gar. % of LOT COVERAGE = 12.69. shed 9 of LOT COVERAGE = 0.59 G
R/W R/W PNS�v c� 0' 60' 120' 180'
FERRETTI (R.O.) 0.07 acre �M �S�FERRETTI
(/ 5671663 PIN FND. triangle in Wage '(R/ (R.O.)
TAX MAP No. 9-2-6.1 0.4' NLY see note 1 f OF �� 5671663 J
OF LINE 6 .00' 31 12' (� Cj O TAX MAP No. 13-13 \ SCALE: 1" = 60' -
N 83'31'22" W 795.01' total (P to P) (P to P) PIN ON LINE �O�
3320 Sq. Ft. in -
South St. row area 2 178.92' st. tie 109.44
22"
/ 25.6'f (p to P) 1.4' � vynil N 83'31' K 62' - -
_ fence Z
ence APPROX. LOCH ION
O LINES P REF. MAP 3
ry �' -974.0 �/ � /*�-� CORPORATION LINE
N HOUSE DATA SHOWN IN o II � PER REF.-MAP-1 (/
\ No. 73 VILLAGE FOR INFORMATIONAL conc. / » �j,
W Os valt PURPOSES ONLY, SUBJECT TO lid f� SHED P C B
o W o I^ nve VILLAGE OF TRUMANSBURG LAWS. o o. V
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walk 1.8'f TAX M No. 12-3-12.2 N Cz 96 c5 (P t V
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O �u drive 50' R.O.W. SHARED IN COMMON
x walk see 6171900CAPALONGO (R.O.)
2 0� MITCHELL LEE SWANHART (R.O.) p
r� QQR ��0� THE FAMILY BYPASS TRUST (R.O.)
& MARY LOUISE GALLAGHER R.O.) 2021-01561
f/ P 0RP ( 556657-001
r 2 GORL�N� TAX MAP No. 12-3-1 TAX MAP No. 12-3-3.2 TAX MAP No. 12-3-3.1
Q 761 264
CYNTHIA & JAMES DEW (R.O.)
/ W I No. 4441 BK. 617 PAGE 904 I
W
II a HOUS TAX MAP No. 12-3-2
o / No. 401 a No. 4421 HOUSE SHED
/ GAR. No. 4407
NOTE:
THIS SURVEY MAP PREPARED WITHOUT
LLI BENEFIT OF AN ABSTRACT OF TITLE
PROVIDED, SUBJECT TO ANY STATE OF
FACT THAT AN UPDATED ABSTRACT OF
2020-06551 2020-06553 TITLE MAY SHOW. - - -
TAMARA CK NOTES - - - -
REFERENCE MAPS 1.) THIS MAPPING PROVIDED FOR SUBDIVISION APPROVAL FOR 5.) PORTION OF PARCEL IN TOWN OF ULYSSES ZONED RESIDENTIAL
LANE LAND IN THE TOWN OF ULYSSES ONLY. DATA SHOWN IN 6.) SUBJECT PARCEL NOT LOCATED WITHIN A SPECIAL FLOOD
1.) REFERENCE IS MADE TO A MAP TITLED 'SURVEY MAP VILLAGE FOR INFORMATIONAL PURPOSES ONLY, SUBJECT TO HAZARD AREA. SEE FEMA FLOOD INSURANCE RATE MAP No.
PRESENT CENTERLINE = LANDS OF W. MERLE PLOSS..." VILLAGE OF TRUMANSBURG LAWS FOR ANY LANDS IN VILLAGE. 361470 EFFECTIVE JANUARY 10, 1975 AND FEMA FLOOD Q' 60' 120' 1$0'
O DATED 8/29/1947 LAST REVISED 1112911951 BY E.D. CRUMB, L.S. 2•) THIS 0.13 ACRE TRIANGLE IN TOWN OF ULYSSES IS INTENDED INSURANCE RATE MAP 360854 0005 B EFFECTIVE 211911987
Q TO BE A PART OF TAX NO. 9-2-7 AND NOT APPROVED AS A 7.) LIDAR CONTOUR INFORMATION IS BASED ON MAPPING
�r�� I 2.) REFERENCE IS MADE TO A MAP TITLED "SURVEY MAP SEPERATE BUILDING LOT IN ANY MANNER. PROVIDED BY THE TOMPKINS COUNTY GIS DIVISION. THE END
R/W No. 4441 PLOSS LANE..." 3.) THERE ARE NO NYSDEC, WRC, OR NATIONAL WETLANDS WITHIN USER OF THIS MAPPING AGREES TO ACCEPT THE DATA 'AS IS'
DATED 412512020 BY T.G. MILLER P.C. THE SUBJECT PARCEL. WITH FULL KNOWLEDGE THAT ERRORS AND OMISSIONS MAY EXIST SCALE: 1" = 60'
AND TO HOLD THE COUNTY AND T.G. MILLER. P.C. HARMLESS FOR
W 3.) REFERENCE IS MADE TO A MAP TITLED "SURVEY MAP 4.) NO UNIQUE NATURAL AREAS PRESENT WITHIN BOUNDS OF ANY DAMAGES THAT RESULT FROM AN INAPPROPRIATE USE OF
LANDS OF THOMAS & JOYCE BENNETT..." SUBJECT PARCELS SHOWN. SEE TOMPKINS COUNTY UNIQUE THIS MAP.
W DATED 1111812000 BY ROBERT RUSSLER, L.S. NATURAL AREA INVENTORY.
REVISED
TITLE: FINAL PLAT
I 1/30/2023 PER NOTE 1 & 2 , ='n IF PI E W�
W APPROVAL: ( WITH VARIANCES) MINOR SUBDIVISION NO. T FOR 1/30/2024 - added notes 3-7 �� ORE Ss y0
WTHE TOWN OF ULYSSES HEREBY DETERMINES THAT THIS MINOR SUBDIVISION G 9/11/2024 - revised map title CO R ��
w CONFORMS TO CONSOLIDATED LAWS OF NEW YORK 62.16.276-277 AND THE ::L: 44450 Ploss Lane - Parcel 12•-3-12.2
ZONING CODE OF THE TOWN OF ULYSSES AND IS HEREBY APPROVED. & notes
co NOTE: THE TOWN OF ULYSSES DOES NOT IN ANY WAY WARRANT NOR GUARANTEE T. G. MILLER P C TOWN OF ULYSSES
THE ACCURACY OF THIS RECORD OF SURVEY.
EXAMINED AND APPROVED THIS DAY OF ENGINEERS AND SURVEYORS 605 WEST STATE STREET TOMPKINS COUNTY, NEW YORK OSCO�
C�2 6� J�
tS
ITHACA. NEW YORK 14850
DATE: SCALE: LA tv D
----------------- TEL (607)272-6477 9/21/2023 1" = 60' "'�PLANNING BOARD CHAIR, TOWN OF ULYSSES 523735