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HomeMy WebLinkAbout2011-01-19-BZA1 MINUTES TOWN OF ULYSSES BOARD OF ZONING APPEALS 01/19/11 APPROVED 04/20/11 PRESENT: Chairman George Tselekis, BZA Members Dick Coogan, Carl Mann, Zoning Typist Robin Carlisle Peck Excused: Barbara Bristow, Andy Glasner Applicants: Orson Ledger Public: Diane Hillman, Dave Schurman Chairman George Tselekis called the meeting and a duly advertised public hearing to order at 7:30 pm. He noted there were not enough members to make quorum. He called Mr. Mann who informed the Chairman he would be enroute and at the meeting shortly. Mr. Mann arrived at 7:43 called the meeting to order and noted the meeting could commence as they had quorum present. Mr. Tselekis stated they are reviewing an application from Orson Ledger for an area variance under Article III, Section 3.1.2 of The Town of Ulysses Zoning Law. This is for the purpose of building an addition to an existing house and converting the single family house into a duplex which was denied by the Zoning Officer under Article XI 11.6 of the Town of Ulysses Zoning Law in that the building encroached upon the 50 foot front yard setback requirement. The property is located at 1847 Trumansburg Road, Town of Ulysses. He asked Mr. Ledger to describe the project. Mr. Ledger stated he wanted to change the house into a two unit property. It would include taking the roof of the back of the house, putting an addition onto the second story consisting of two rooms. He would be adding bedrooms and kitchen to the units. He maybe adding an extra bedroom but would definitely need a back entrance. He was advised by Mr. Rachun he could not do anything to the property without a permit. Mr. Tselekis asked if there was septic or municipal water. Mr. Ledger stated they use well water but have both available. The property does have a septic system. Mr. Tselekis asked if anyone resides on the property currently. Mr. Ledger stated he has owned the property for three years or so and it has always been vacant. Mr. Tselekis noted there were people in the audience and asked if there were comments from them. Ms. Hillman introduced herself and stated she is here from the Jacksonville Community Association, there feelings are mixed as this property owner has had a bad reputation for maintaining properties. They tend to be left and are an eyesore to the neighborhood. This is an older building with issues currently that have not been maintained and concerned this would continue. They would like to see a concerted effort for maintenance. If construction is allowed, this problem could be compounded by having piles of construction debris on the premises. Mr. Schurman introduced himself as a concerned neighbor that has resided in Jacksonville for ten years. This property has not been well maintained as the property has 2 always looked liked “abandoned” property. He can only assume there would be tenants and people living in it but nothing good has happened to it for several years. Mr. Ledger stated he cannot work on property without a permit, it has been vacant for quite some time. He has owned it for three years. Mr. Tselekis asked if the neighbor notices were sent out. Ms. Carlisle Peck stated they were and no comments written or verbal were received. Mr. Coogan stated he noted on the Legal Notice it was listed a setback of 15 feet is incorrect, however this property is on the line thus he would still need a variance. He stated after hearing some of these comments he had considered recusing himself. His property is 1843 Trumansburg Road which is 2 doors up from the property in discussion, his property is shaped as such that his property borders the property in discussion. He has noticed the barn which has been coming down for 20 years now is still filled with trash. They have seen rats in the area and it has never been taken care of. His concern is with only 3 members in attendance they would lose quorum. If he recused himself the meeting would be mute and they would have to adjourn and reconvene when more members were present thus did not choose to recuse himself. He is aware of the County’s stand in that they would like lower income housing be available. After hearing the residents at the meeting tonight and after speaking with Code Enforcement Officer related to this property owner he would like to offer they condition the variance dependent on cleanup of the sight. Mr. Tselekis stated before they proceed he needs to establish if Mr. Coogan participated in the remainder of this meeting did he feel he could be impartial in decision making on this property. He realized he may not agree with all portions but that is acceptable as all have their own opinions. Mr. Coogan stated it is not the project per se but the property and how the applicant maintains his properties. He feels this type of housing is needed in Tompkins County. Mr. Tselekis stated he would concede he could consider the applicant and remain impartial on this project. Mr. Coogan stated from the project standpoint he could be objective, however he also feels he has the right to protect the neighborhood. Mr. Tselekis stated he would like to establish that he could have knowledge of the applicant yet would remain impartial. Mr. Coogan stated he could remain impartial with proper safeguards to the community. Mr. Tselekis stated regarding the setback he does not see an issue as this is common to the Jacksonville area. The population density would support this, they have a vacant building which would be occupied-a good thing. There is concern regarding getting the property cleaned up and maintained. Mr. Ledger stated they have kept the lawn mowed, as far as work on the house he has not been able to do work due to no permit. Mr. Coogan asked if he had received letters from the Town stating he had to mow the lawn. Mr. Ledger stated no, not to his knowledge. Mr. Tselekis asked if there was a garage or barn on the property. Mr. Ledger stated it sits behind him it does not belong to him. 3 Mr. Coogan stated there is a barn that is on his property, in front of the brown barn that is on Mr. Coogan’s property. It is a junk pile it is rusted cans it is a dump. Mr. Ledger stated it was down when he bought the property, he does not know if it fell down or was tore down. He could not do any repairs as he did not have a permit. He finally got the plans for the house and brought them to Alex. He was denied due to the setback. Ms. Hillman stated she could understand why Mr. Ledger needed the permit to do construction however she does not believe one needs a permit to do routine maintenance and repairs to the property. He does not need a permit to pick up a trash pile, it appears that this is a red herring to deflect the conversation from the concerns that have been brought up. Mr. Ledger stated he was told by Mr. Rachun to do nothing without a permit. Mr. Tselekis stated what has happened in the past does not preclude getting this project reviewed. They could make it conditional that these items be addressed prior to the permit being issued. He asked the members if there were areas they were particularly concerned with. He noted they could condition removal of the barn, trash, etc.when issuing the variance. Mr. Coogan stated the trash pile, the outhouse on the property, he is unsure but believes there is an outhouse on the property. The biggest concern he has is the pile of trash. Ms. Hillman stated one of the conditions would be the construction process, and disposal of items removed from the house. She is concerned they would substitute one pile of trash for another. Mr. Tselekis asked the members if they could draft the wording to make the variance contingent on removal of the trash, maintaining the cleanup while the work is being done. They would need to require it be done neatly and timely. He asked if Mr. Ledger could live with this. Mr. Ledger stated he could accommodate this. They have to clean the property up eventually anyway. Mr. Tselekis asked if there were other concerns. Mr. Coogan stated this property has continued to be a problem. The previous owner and now the current owner have neglected this property. He has many concerns regarding this property. This variance would change the use of this property, if a variance is issued it should be explicit in defining the change of use. Mr. Tselekis stated they could restrict the time and have it be monitored and approved by Mr. Rachun they could also limit the time to one year for completion. He asked about other concerns from Board members. Mr. Mann stated he has concerns for an eight bedroom house coming on this site. The plans are asking to construct two four bedroom units. He feels this might overwhelm the neighborhood, it is a drastic change, and he could see where 12 to 14 people could reside in this house. Mr. Tselekis noticed the additions on the plans. The members reviewed the Zoning for how many unrelated individuals could reside in the hamlet district. The regulations were reviewed. Continued discussion noted a two family residence is allowed in the hamlet district, the members are concerned with the number of people that could live in the house. The number of bathrooms/septic would be regulated by the health department. The Board does not have any jurisdiction over this area. The applicant’s past performance on other rental properties is an item of concern for members of the Board. 4 Mr. Tselekis stated they could table the meeting until the next date and request the applicant clean up the property and submit a plan for maintaining the property during the construction phase. Mr. Ledger stated he had been told to make no repairs to the property. In his mind, no repair means nothing should be done. He stated he would be out of the state for several months. He would be returning to the area, he spends several months this time of year in Florida. With this in mind he would not be able to do any cleanup, etc. until after that time. The member continued the discussion regarding occupancy, what type of scenario this may allow to happen-e.g. Brady Bunch plus 2, unrelated number of people, 8 bedroom with 2 people could have up to 16 people in the hamlet area.The members would like to speak to Mr. Rachun regarding the zoning, as well as the Town Attorney for zoning clarification. Mr. Mann stated he would not be able to approve a variance until he has witnessed an attempt to clean up the site. It has been a continual problem on this site. Mr. Mann MADE the MOTION this application be tabled until Mr. Ledger returns to the area. Mr. Coogan SECONDED the MOTION. ALL IN FAVOR, APPLICATION TABLED until the next available date for Mr. Ledger. Ms. Carlisle Peck stated the minutes from the 11/17/10 Hewertsen/Palmer application needed to be reviewed/approved. Mr. Mann MADE the MOTION, Mr. Coogan SECONDED the MOTION to approve the 11/17/10 Minutes as submitted. ALL IN FAVOR, Minutes APPROVED. The meeting was adjourned at 8:25pm Respectfully submitted, Robin Carlisle Peck Secretary