HomeMy WebLinkAbout2011-05-18-BZABZA 5/18/2011 Page 1
MINUTES
TOWN OF ULYSSES
BOARD OF ZONING APPEALS
05/18/11
APPROVED 06/15/11
PRESENT: Chairman George Tselekis, BZA Members Barbara Bristow,
Dick Coogan, Andy Glasner, Carl Mann, Code Enforcement Officer Alex Rachun,
Applicant: David Schott, Bridgid and Stanley Beames
Public: Vernon and Dee Collins, Dave and Jean Schurman, Lorna Close, Diane Hillman,
Ann Depette
Chairman George Tselekis called the meeting and a duly advertised public hearing to order at 7:30 pm.
He stated they are reviewing an application that had been tabled from the last meeting. He noted he
would conduct the meeting but not vote on the variance due to his absence at the last meeting. He asked
Mr. Schott to present his information.
Mr. Schott stated the Board had asked for a drainage proposal. He hired Silverline Construction to
prepare a plan. Copies were made and distributed to the Board members. He indicated on the plan the
drainage lines along side the driveway with piping, stone and gravel to drain water away from the area
of concern. The plans indicated a tree to be removed and the drainage system that would divert water 2/3
of the way down the driveway. It would divert from the backside and send the water to a natural swale
already on the property.
Mr. Glasner asked if Mr. Schott had redistributed the lot lines to make the lots conforming.
Mr. Schott stated he had not he reviewed but the septic systems created a difficulty dividing the lots. The
back lot is 68000 vs 88000 which is ¾ of the required size. The front lot is substantially larger but when
he reviewed could not come up with a plan. He considered taking a wedge shape but the lot lines would
be very odd. He is willing to do what this Board would require but was not sure how to do with the
septic.
Mr. Tselekis asked if the Public had any comments or questions. None were offered. He asked the Board
if they had any additional comments or questions. The member stated they did not. He asked if a
member had a motion to present.
Mr. Glasner MADE the MOTION, Ms. Bristow SECONDED the MOTION,
WHEREAS, the variation of the back lot frontage measuring 200 feet vs. 250 feet, and the total being
68000 square feet vs. 88000 square feet is not substantial, and
WHEREAS, the applicant has provided water mitigation plans as had been previously requested, the
variance will not have an adverse effect on the neighborhood,
THEREFORE, BE IT RESOLVED THIS BOARD APPROVED THE VARIANCE FOR DAVID SCHOTT,
3112 DuBoise Road, Town of Ulysses Tax #32.-2-14.3.
The vote is as follows:
Ms. Bristow AYE
Mr. Coogan AYE
Mr. Glasner AYE
Mr. Mann AYE
Mr. Tselekis Abstained
The application is APPROVED.
Mr. Tselekis informed the applicant he should speak to Mr. Rachun regarding the approval. He noted the
next order on the agenda was for Namaste Montessori, Bridgid and Stanley Beames are applying for a
BZA 5/18/2011 Page 2
Special Use Permit to operate a school at 1872 Trumansburg Road (known as Close Hall). It was noted
there was an error in the notice, it should list Zoning Section 3.2 vs. 11.5. He asked the applicants to
describe the project.
Ms. Beames stated they currently operate Namaste Montessori at 1608 Trumansburg Road (formerly
Sleeping Bear Futons). They are looking to expand to include elementary level students. They have put
a purchase offer pending approval of the Special Use Permit. They would bring the building up to code
for electric, doors, fire sprinklers, to allow a school to operate. They are not changing the footprints nor
would they change the face of the building. They would be changing the parking lot area to facilitate a
back drop off entrance for the students. They would also add parking areas for parents. Lighting would
be added to these areas as well. The applicants appreciate the historic value of this building and want to
maintain that. The maximum employees would be 7 employees, they hope to have a small private school
grades 1 to 6. The total students would be approxiametly 20 for each grade level. The plan shows the
sign they would use which is the same as the one at their current location.
Mr. Tslekis asked for comments from the public.
Mr. Vernon Collins stated he would like to know the hours of operation.
Ms. Beames stated the school would operate 7am to 5:30pm. They do anticipate a summer program
onsite to accommodate working parents.
Mr. Collins asked if they could have the speed limit lowered to 20 mph as they have at other schools.
Mr. Tselekis stated this would an issue for NYS DOT.
Ms. Beames stated they did not do this in front of her current school. There are many students who come
by bus thus and to date they have not had difficulty.
Mr. Collins stated he feels this is a good use of the property. He just wanted to express his concerns for
traffic, speed and drainage in the back area. This would especially be true for the back parking area.
Ms. Beames stated they have been made aware of this. There would be septic work to be done in the
back and they anticipate working on driveway/parking issues at that time.
Ms. Anne Depette stated she wanted to express her opinion in supporting this project. She feels this is an
excellent project for the neighborhood.
Mr. Collins stated his neighbor asked him to state his support for this project. His wife is in the hospital
thus unable to attend however he did want to make the Beames aware his property is only inches from
the line. There is a fence however they may want to install fencing as it is literally hog wire thus could
be unsafe. In addition, there were concerns for speed, drainage for the parking in that during heavy rains
it washes down the current driveway.
Ms. Diane Hillman stated she owns the parsonage across the lot and is very supportive of this project.
She feels this would bring some life back to the neighborhood. She is very appreciative they are
maintaining the face of the building to reflect the history of this building.
Ms. Beames stated Montessori likes the historic prospective and they have no plan to change the inside
either. They like the openness of the building and appreciate both characteristics. They would plan on
some gardening, sprucing up outside but no major changes.
Mrs. Lorna Close stated she is very happy with the offer, she likes the school vs. having the building
chopped up into apartments.
Mr. Coogan stated this application would be put in front of the Planning Board for a full Site Plan
Review.
Mr. Rachun noted in the summation it lists other uses, he asked for clarification.
BZA 5/18/2011 Page 3
Ms. Beames stated it there is no school or in the evening they would like to have the building available
for community events as has been the practice. They would like to have a summer camp, they may not
operate but would make building available if Cooperative Extension wanted to. The building is currently
used for Yoga/Dance classes, they did have voting at the church and the neighborhood has expressed a
desire to have it return. They appreciate and would like to help facilitate the community.
Mr. Tselekis asked if the community supports these uses.
The audience stated they are very supportive and hope to have voting returned. The Jacksonville Church
holds an Election Night dinner and they are concerned this will fail with the voting being removed from
their neighborhood.
Mr. Tselekis agreed and stated he considers voting a community event. He asked if there were any other
comments from the audience. None were offered. He asked the Board if they had any questions or
comments. None were offered.
Mr. Rachun advised the group they needed to complete the SEQR EAF, the short form has been started
however it is this Board’s responsibility to complete.
Mr. Tselekis and the members reviewed the completed portions they did note they added Residential and
Park/Forest Open space to section one.
C1 No
C2 No
C3 No
C4 Helping community goals
C5 No
C6 No
C7 No
D No
E None foreseen
Mr. Glasner MADE the MOTION, Ms. Bristow SECONDED the MOTION to accept the document as
completed with a NEGATIVE DECLARATION for the SEQR EAF.
The vote is as follows:
Ms. Bristow AYE
Mr. Coogan AYE
Mr. Glasner AYE
Mr. Mann AYE
Mr. Tselekis AYE
The SEQR EAF was APPROVED with a NEGATIVE DECLARATION. Mr. Glasner MADE the
MOTION, Ms. Bristow SECONDED the MOTION,
WHEREAS, the Town of Ulysses has reviewed a Special Use Permit as applied for by Namaste
Montessori School, 1872 Trumansburg Road to operate as a school,
WHEREAS, the building may be used as a rental use for the community for additional activities to
include yoga classes, dance classes, community meetings, community social events such as voting,
picnics,
.
WHEREAS, the Board has completed the SEQR Short EAF and voted this action as a Negative
Declaration. It is noted the public in attendance have stated this would be a positive impact on the
community and support the Special Permit for a school on this site.
THEREFORE, BE IT RESOLVED THIS BOARD APPROVED THE VARIANCE FOR NAMASTE
MONTESSORI SCHOOL Tax Parcel # 25.-6-10.2
BZA 5/18/2011 Page 4
The vote is as follows:
Ms. Bristow AYE
Mr. Coogan AYE
Mr. Glasner AYE
Mr. Mann AYE
Mr. Tselekis AYE
The application is APPROVED.
Mr. Tselekis expressed his appreciation to the applicants and the public.
Mr. Rachun stated there is another order of business. Mr. James Allen has requested an interpretation
and clarification for his property.
Mr. Allen explained he owns two lots. He would like to put a pole barn on the lot he resides on however
he would not meet the setbacks. He indicate on a map what he would like to do. He noted his neighbors
have expressed interest in purchasing acreage but due to finances cannot.
Mr. Tselekis and the members reviewed the lots. It was noted it would be a large variation thus would be
difficult to approve. He could section off the property that the neighbors are interested in, however he
would incur surveying fees. The discussion continued with the Board appreciating his dilemma. It was
determined he could merge the lots into one, this may help with decreased taxes. Then he could meet the
setbacks. The back lot is landlocked thus would be available to him or his neighbor to increase their lot
sizes. He can contact the county who would be able to assist him in this process. Then he would be able
to have the pole barn and maintain the setbacks with minimal expense.
Mr. Allen expressed his appreciation to the Board and stated he would follow up with the County.
Ms. Carlisle Peck stated they had minutes of 04/20/11 to approve.
Mr. Coogan MADE the MOTION, Mr. Mann SECONDED the MOTION to approve the minutes of
04/20/11.
The vote on the MOTION was UNANIMOUS. MINUTES APPROVED.
The meeting was adjourned at 8:30pm.
Respectfully submitted,
Robin Carlisle Peck
Secretary