HomeMy WebLinkAboutBZA Resolution 2026-003, 12.-4-19.2 •�� TOWN OF ULYSSES
BOARD OF ZONING APPEALS
Board of Zoning Appeals Resolution No. 2026-003
A Resolution for One Area Variance for the Pritts Two Lot Minor Subdivision Located at 5230
Cold Springs Road, Town of Ulysses,Tax Parcel 12.4-19.2
Whereas, a request for one area variances was submitted to the Board of Zoning Appeals (BZA)
by the Town of Ulysses on behalf of the property owners, Marvin and Allison Pritts, for property
located at 5230 Cold Springs Road (tax parcel 12.-4-19.2); and
Whereas, the subject lot is zoned R: Residential and A/R Agricultural/Rural; and
Whereas, the requested area variance is related to a minor subdivision application with the
Planning Board to subdivide the existing 16.58 acre lot into two lots, Parcel A approximately
1.37 acres and Parcel B approximately 15.21 acres; and
Whereas, the area variance request is relief from the Code of the Town of Ulysses 212-130.A
for proposed Parcel B to reduce the minimum required width of the pole portion of the lot from
50 feet to 38 feet; and
Whereas, the BZA did request the Planning Board review the proposal and provide written
recommendation on the variance; and
Whereas, the Planning Board recommended the BZA grant the area variance as requested by
the applicant in their Resolution 2026-005; and
Whereas, the requested variance was subject to environmental review as an Unlisted Action
under the Code, Rules, and Regulations of the State of New York Title 6, Part 617 (SEAR); and
Whereas, the Town Board gave due notice with intent to act as Lead Agency in the
environmental review for the proposed project, and on August 27, 2025 passed Resolution
2025-121 that issued a negative determination of environmental significance for the proposal
and determined an EIS would not be required; and
Whereas, the action required 239 review, and Tompkins County's Department of Planning &
Sustainability determined in their comment letter dated January 9, 2026, the proposal will not
have a significant county-wide or inter-community impact, and provided the following
comment for the Board to consider: "The Town should consider including, as a condition of the
area variance, that the created "pole" lot must be consolidated with the created "flag" lot to
ensure the proposed subdivision does not create a non-conforming lot."; and
Board of Zoning Appeals Resolution No. 2026-003 Page 1 of 3
Whereas, notice of the public hearing was published in the Ithaca Journal, was posted on the
Town's Public Legal Notice Board, was posted on the Town's webpage, was posted on the
subject site; 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 February 18, 2026 where it reviewed a plat
map entitled "Town of Ulysses Subdivision Plat for Marvin P. Pritts and Allison P. Pritts, Located
at 5230 Cold Springs Road, Town of Ulysses, Tompkins County, New York", prepared by
Williams & Edsall Land Surveyors, PC dated December 9, 2025 and other application materials;
and
Whereas, by considering the criteria listed in the Consolidated Laws of New York Chapter 62,
Article 16, Section 267-13.3.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
variance was 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 an 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 width of the pole portion of the lot from 50 feet to 38 feet for proposed Parcel B
will outweigh the detriment to the health, safety and welfare of the neighborhood.
2. The granting of the area variance will not create an undesirable change in the character of
the neighborhood and will not be a detriment to nearby properties subject to the
conditions of approval.
3. The benefit sought by the applicant cannot be achieved by some method, feasible for the
applicant to pursue other than an area variance. There is no other feasible entrance to the
property.
4. The requested area variance is substantial.
Board of Zoning Appeals Resolution No. 2026-003 Page 2 of 3
5. The proposed area variance will not have an adverse effect or impact on the physical or
environmental conditions in the neighborhood or district subject to the conditions of
approval and careful execution by the town.
6. The alleged difficulty is self-created.
7. The proposal will not create a third parcel for a "pole lot" separate from the overall "flag
lot". Rather proposed Parcel B is a single lot that comprises a "pole" portion and a "flag' _
portion; therefore, a condition as recommended by County Planning is not warranted.
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 width of the pole portion of the lot
from 50 feet to 38 feet as described above, and as shown on the plat map noted above, as part
of the proposed two lot minor subdivision located at 5230 Cold Springs Road subject to the
following conditions:
1. A fence shall be built on the sides of the property affected by the project at 5250 Cold
Springs Road and there shall be consideration of extending the fence at 5270 Cold
Springs Road, in consultation with the property owner. Existing evergreen trees near the
property lines will be kept wherever possible.
2. The town shall employ the most environmentally friendly materials and methods
feasible, including vegetative screening.
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Board of Zoning Appeals Chair Date
Ayes: Ferrrari, Hillman, Meador, Morreale, Thompson
Nays: None
Absent: None
Abstain: None
Board of Zoning Appeals Resolution No. 2026-003 Page 3 of 3