HomeMy WebLinkAbout2018-11-21-BZA-FinalTOWN OF ULYSSES
BOARD OF ZONING APPEALS
FINAL MINUTES
Wednesday, November 21, 2018
Approved: February 20, 2019
Present: Board Chair Bob Howarth, and members Andy Hillman, and David Tyler; Town
Planner John Zepko.
Public in Attendance: Michael Boggs, Michael Hojnowski, David Kooperman, and Cora
Fellow.
Call to Order: 7:01 p.m.
Public Hearing: appeal by Jules and Michael Hojnowski for an area variance under Section 212-
47F Lot Area and Yard Requirements of the Town of Ulysses Zoning Law, for the purpose of
constructing a garage at the property located at 1690 Trumansburg Road, Town of Ulysses, Tax
Parcel Number 34.-3-40.
After a brief project overview from Mr. Hojnowski, Mr. Zepko reported the Town received no
public correspondences in regard to the project. BZA members posed a few questions to Mr.
Hojnowski concerning the garage size, placement, and the removal of an existing shed on the
property.
Resolution
Mr. Hillman MADE the MOTION to grant the variance request, and Mr. Tyler SECONDED the
MOTION. Mr. Tyler offered an amendment to the resolution, which Mr. Hillman accepted. The
resolution is as follows:
The action is a Type II action under SEQR, 617.5(c) (12) "granting of individual setback and lot
line variances;", and requires no further environmental review.
By considering the five statutory factors, 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 are granted. The benefit sought by the applicant is to construct the garage
approximately 25 feet from the right of way.
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.
The BZA finds it unlikely to produce an undesirable change to the neighborhood. The new
garage is limited in placement by a NYSEG easement as shown on the map.
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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.
This has been discussed previously when the applicant came before the BZA during its
August 15, 2018 meeting, and we find there is no feasible way to modify the application.
3. Whether the requested area variances are substantial.
The 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.
It is unlikely that the variance will have an adverse impact on the physical or
environmental conditions of the neighborhood.
5. Whether the alleged difficulty was self-created.
It is self-created because the applicant has parked vehicles at his property for years,
without a garage.
Considering all of the statutory factors set forth above, the Board of Zoning Appeals
concludes as follows: that the variance is unlikely to produce an undesirable change to the
neighborhood; there is no feasible way to modify the application; the variance is
substantial; the variance is unlikely to produce an adverse impact on the physical or
environmental conditions of the neighborhood, and the difficulty is self-created.
For the reasons set forth above, and upon the evidence, law and facts, the BZA hereby
grants the variance.
The vote was as follows
Mr. Howarth AYE
Mr. Hillman AYE
Mr. Tyler AYE
Result: Variance granted.
Public Hearing: An appeal by David and Denise Kooperman for three area variances under
Section 212-47.D Lot Area and Yard Requirements and Section 212-13.A – Standard for Flag
Lots, of the Town of Ulysses Zoning Law, for the purpose of subdividing two Flag Lots at the
property located at 5288 Curry Road, Town of Ulysses, Tax Parcel Number 12.-1-13.2. The
property is located in the R1 Zone. The applicant is seeking relief to create two flag lots with
approximately 30 feet of frontage each, where 50 feet of frontage is required. A third variance is
requested to permit the frontage on the parent lot to be reduced to approximately 203.64’, where
250’ is required.
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The Town received two correspondences in regard to the Kooperman application, the authors of
which expressed environmental concerns. Tompkins County Planning has recommended that the
BZA require the applicant to delineate all wetlands on the property and to elaborate on how the
proposed development will not negatively impact wetland functions.
Given that there were just three BZA members, and that approval of his variance requests would
require a unanimous vote, Mr. Kooperman asked that the BZA delay action on the proposal and
the public hearing be left open. The BZA consented.
Public Hearing: appeal by Cora Fellow for an area variance under Section 212-29.C Lot Area
and Yard Requirements of the Town of Ulysses Zoning Law, for the purpose of allowing a
simple subdivision at the property located at 7115 Halseyville Road, Tax Parcel Numbers 12.-4-
16.2 and 12.-4-16.1. The property is located in the A1 Zone. The applicant is seeking relief from
the requirement of 400 feet of frontage to subdivide a lot with 375.42 feet.
Ms. Fellow seeks to subdivide a lot off her existing parcel, and build a small home for her
disabled son. The remaining third lot, which currently has a mobile home on it, would remain as
farmland.
The Town received no correspondences.
Mr. Hillman expressed his concerns that, if granting the variance, two of the three lots would be
nonconforming.
Mr. Howarth informed the applicant that Town law allows two houses to a parcel. Have they
considered simply adding a second house to the existing parcel? Ms. Fellow feels her house is
too big for her son to live in by himself, and her current house may be sold in the future after she
passes. The current proposal – to build a second house on its own parcel – would ease any future
sale of either parcel.
Mr. Zepko mentioned the possibility of a flag lot. What difference would that make? Ms. Cora’s
brother said; there would still be two driveway cuts, and his disabled brother would have a long
driveway to maintain.
Resolution
Mr. Tyler MADE the MOTION to grant the variance, and Mr. Hillman SECONDED the
MOTION as follows:
The action is a Type II action under SEQR, 617.5(c) (12) "granting of individual setback and lot
line variances;", and requires no further environmental review
By considering the five statutory factors, 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
Town of Ulysses Board of Zoning Appeals
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variances are granted. The benefit sought by the applicant is to seek relief from the requirement
of 400 feet of frontage to subdivide a lot with 375.42 feet.
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.
It is unlikely to produce an undesirable change, especially since the building lot will have
the full 400 feet of frontage.
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.
The proposal, as presented, is the best way to subdivide the parcel.
3. Whether the requested area variances are substantial.
No. It’s 6.5 percent of the minimum 400 feet of road frontage.
4. Whether the proposed variance will have an adverse effect or impact on the physical or
environmental conditions in the neighborhood or district.
The applicant has weighed amenities to the mobile home lot and the existing house lot, and
the proposal seems to be a good balance of requirements for each. It is unlikely to produce
any adverse effect or impacts on environmental conditions.
5. Whether the alleged difficulty was self-created.
Yes, the applicant has proposed a subdivision. The self-created aspect of the application is
not basis of denial.
6. Considering all of the statutory factors set forth above, the Board of Zoning Appeals
concludes as follows: that the variance is unlikely to produce an undesirable change in the
character of the neighborhood; that the proposal presents the best way to subdivide the parcel;
that the variance request is not substantial; it is unlikely to produce any adverse effects or
impacts on the physical or environmental conditions in the neighborhood, and the difficulty is
self-created.
For the reasons set forth above, and upon the evidence, law and facts, the BZA hereby
grants the variance.
The vote was as follows:
Mr. Howarth AYE
Mr. Hillman AYE
Mr. Tyler AYE
Town of Ulysses Board of Zoning Appeals
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Result: Variance granted.
Meeting minutes (09/19/18)
Mr. Howarth MADE the MOTION to approve the September 19, 2018 meeting minutes, and Mr.
Hillman SECONDED the MOTION. The motion was unanimously carried.
Mr. Boggs gave a brief update on ongoing zoning rewrites led by the Zoning Update Steering
Committee (ZUSC), which is currently reviewing the draft in sections. ZUSC has voted to
proceed with a variation of the BZA’s 80/20 conservation/development proposal that would
require property owners to preserve 80 percent of a parcel at the time of subdivision, leaving the
other 20 percent open for development. ZUSC’s variation is for a 70/30 split between
conservation and development. 75/25 was also discussed.
Mr. Tyler MADE the MOTION to adjourn the meeting, and Mr. Hillman SECONDED the
MOTION. The motion carried unanimously.
Meeting adjourned at 7:56 p.m.
Respectfully submitted by Louis A. DiPietro II on December 16, 2018.