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HomeMy WebLinkAbout1994-03-07 - BZA 4 TOWN OF ULYSSES ZONING BOARD OF APPEALS TOWN HALL MARCH 7 , 1994 P RESENT : CHAIRMAN : KEN CHRISTIANSON ; MEMBERS : JAMES HICKEY , • CARL MANN , RUSSELL CARPENTER ; SECRETARY : ROXANNE SMITH ALSO PRESENT : EDMUND HURD , PENNY POWERS , BETTY AND JIM WILSON • The Chairman called the hearing to order at 7 : 34 PM . According to the application Mr . Hurd would like to replace a collapsed roof on an accessory building . The new roof will exceed twenty feet in height . Mr . Hurd has requested a variance u nder Article II , Section six of the Zoning Ordinance in that accessory buildings shall in no case exceed twenty feet in height . The property is located at 1860 Trumansburg Rd . , Jacksonville , N Y , tax map number 25 - 6 - 16 . The Chairman requested that Mr . Hurd explain the drawings h e provided . It will be a two step roof , 150 feet from the road . Not all Members were able to visit the site ( due to poor weather conditions ) though some viewed it from the road . The Chairman asked for comments / questions from the audience . Neighbors ( Mr . and Mrs Wilson ) asked whether the use would change and also what would be done with the old roof ? Mr . Hurd responded t hat the use would remain the same ( storage ) and that the old ✓ oof would be properly disposed of . The neighbors had no objec - t ions . Jim Hickey made the motion as follows : WHEREAS : It appears that the variation from the Zoning Ordinance is not substantial with regard to the requirement ; WHEREAS : There will be no effect what - so - ever on government facilities ( such as fire , water , and refuse disposal ) WHEREAS : There will be no substantial change in the character of the neighborhood , in fact no change at all ; W HEREAS : There will be no detriment to adjoining properties ; W HEREAS : It is obvious that there is no other, way to obviate the difficulty within reason ; W HEREAS : It appears in the interest of justice would dictate that this variance be granted ; SWWFIEREAS : The only neighbors to appear at this hearing express support for this project , I move that we grant the variance . Carl Mann seconded the motion . The Chairman called for a ✓ ote as follows : Mr . Mann - Aye , Mr . Hickey - Aye , Mr . Carpenter - Aye , Mr . Christianson - Aye . The variance was approved . Carl motioned for adjournment ; all were in favor . The hearing adjourned at 7 : 45 PM . 7 TOWN OF ULYSSES PLANNING BOARD MEETING TOWN HALL MARCH 7 , 1994 PRESENT : CHAIRMAN : DAVID TYLER ; MEMBERS : KRYS CAIL , GERRY. KEIL , DAN SMITH , BUDD STOVER ; SECRETARY : ROXANNE SMITH The secretary provided the minutes from Tom King ' s pre - sentation ( on the Convention Bureau ) , of the Tompkins County • - Chamber of Commerce ( February 28 , 1994 ) . The Members were also given a copy of the Chairman ' s letter, ( rough draft ) written in ✓ esponse to Doug Austic ' s memo , received on the evening of the 28th . Planning Board Member Krys Call also had a letter for the Members ' comment . The Members arrived at 7 : 30 PM . While they were reading , the secretary recorded a short Zoning Board of Appeals hearing ( Mr . Edmund Hurd ) in the Town Hall . The Planning Board meeting came to order at 7 : 50 PM . It w as the Chairman ' s intention to have discussion on the content o f the letters , so that a formal response to Mr . Austic ' s memo could be arrived at during the course of the meeting . A discus - sion ensued . At 8 : 30 Doug Austic stopped by to inquire about David Kline ' s PUD . A real estate person called and inquired of Doug what would be the best approach to sell off some of the parcel . The Board responded that the best approach would be to line up a buyer , get legal counsel and then come before the Planning Board for the necessary modifications to the PUD . The Members returned to the discussion on the letter of ✓ esponse . The definition of " bedroom community " was questioned . The Board had a light discourse about their impressions of the Village of Trumansburg , water district options ( Bolton Point and the Village ) and subdivision ( and the prohibitive aspect of building a public road ) . Tom King mentioning the room tax ( on February 28 , 1994 ) , made the Members wonder just how much of it comes back to the Town of Ulysses . The Free Press had contacted two Planning Board Members ✓ egarding the Business Forums scheduled for March 14th , 2lst . A brief interview of each Member took place for a future article . The Free Press was invited as a business , not for the purpose o f advertising the forums . Krys made the motion to approve the letter with the n ecessary changes ; Gerri seconded it . The letter stands as discussed . It will be prepared , initialed ( by the Chairman ) and delivered at weeks end . The meeting adjourned at 9 : 05 PM . TOWN OF ULYSSES P LANNING BOARD FEBRUARY 21 , 1994 REVISED MARCH 7 , 1994 P RESENT : CHAIRMAN : DAVID TYLER ; MEMBERS : KRYS CAIL , BUDD STOVER , GERRI KEIL , PETER D .EMJANEC ; SUPERVISOR : DOUG RUSTIC ; SECRETARY : LYNN JOHNSON The meeting was called to order at 7 : 45 PM . The minutes for February 7 , 1994 were reviewed . Budd moved to approve the minutes , Gerri seconded the motion . The minutes were approved unanimously . • A copy of a letter. to Doug Rustic from Dave Stoyeil , HOST P rogram Manager for " The Elder Cottage Concept " , was distributed to Members for their comments . David asked how many units the H OST ( Better Housing Options for Seniors today ) people were considering in a given town . Doug said they didn ' t have the infor - mation at this time , that this was an initial query . Dave noted the funding would be a combination of federal and state money through t he N . Y . S . Division of Housing and Community Renewal for the pur - chase of several " elder cottages " . Because the Members were un - certain as to the role of HOST in the community , Gerri explained t he many ways they helped seniors ( financial counseling , matching people with seniors who don ' t want to leave their homes , etc . ) . Referring to the Building Ordinance , Members discussed many aspects o f the " elder concept " , i . e . , acreage , how structures would be constructed , septic , sewer , fire codes , water , electric , special permits . Members reviewed Article V , Section 11 ( pg . 7 ) , MORE THAN ONE BUILDING ON A LOT ; Article VI , Section 2 ( pg . 7 ) , BUILDING FLOOR AREA and Article VI , Section 6 , ( pg . 8 ) , MULTIPLE DWELLINGS ; Article VI , Section 2b , ( pg . 7 ) , BUILDING FLOOR AREA ; Article V , S ection 2b , ( pg . 6 ) , LOT AREA AND YARD REGULATIONS ; Article V , Section lb ( pg . 6 ) , ( same heading ) . Lengthy discussion continued on the above , it was felt the existing zoning ordinance would accommodate HOST . Doug suggested further information would be forthcoming . Dave referred to last week ' s discussion on the low impact B 1 , suggesting Members review the present B2 and consider whether they should be a B3 . He asked how the existing B2 fit ( referring t o Auble lot ) and wondering if it would work best as a middle - of - t he road type of B2 ) . He queried if all the things in B2 now were appropriate there and wondered if some should be reserved for some - t hing called a B3 ? Krys noted special permits were the areas they were concerned about ( Section 2 , pg . 7 ) . She said the Building Ordinance has a list of outmoded occupations ( Article IV , Section 31 , pg . 5 ) . When D avid asked for her suggestions for. B3 , she mentioned gasoline sales stations , garage for repairs , outdoor assembly / recreation , heavy industry . David noted the difference between gas stations and industry ( discussed NYSEG and Milliken Station and the different levels of use and industry ) . Peter offered the type of facility that employs 15 - 20 people ( furniture , printers , Acufab , Johnny ' s Wholesale type ) . Krys referred Members to Article IV , Section ln , pg . 4 , and concern about standards for Special Permit . Peter ✓ eferred to Article II , Section 8 , pg . 3 , and read the three con - d itions to Members ( Section 8 , paragraph 3 ) . . . what is " adversely affecting neighboring persons and property " mean ? We need to go back to our formulation of Special Permit criteria last fall ( October 25 , 1993 meeting ) . Dave asked for more input for B3 . He wondered if B2 was too broad and Gerri said it was never to be t hat broad and that was why there were so many grey areas - - the o verlapping . Budd said that if B2 was changed that Auble would come under B3 ( depending upon how the project unfolds , might have .art TOWN OF ULYSSES 2 PLANNING BOARD FEBRUARY 21 , 1994 REVISED MARCH 7 , 1994 more intensity than would be appropriate , and would settle prob - lems Members are having with it ) . Krys said one of the big differ - ences between 62 and 63 was the hours of operation . ( She raised the issue of the peoples ' reaction to what the Members do in making good planning sense ) . Discussion followed on defining light industry , camps , etc . • Members continued discussing parts of B2 that could con - ceivably be used in B3 . They discussed size , structure , defin - ition of light industry , current ordinance as opposed to proposed B3 , etc . Gerri read from Local Law passed May 4 , 1992 ( Dave noted 62 was approved to be all things to all people - - garages , vehicles , boat sales , outdoor amusements , i . e . , intended for Special Permit from aspect of 82 ) . His concept of 83 would be more like a medium industry rather than heavy industry . Krys felt a B3 district was n eeded that concentrated on commercial rather than industrial uses t hat take place at other times of the day ( her point was to take hotels / motels and bars and separate them from the industrials ) . Peter t hought they were approaching the issue in the wrong way - - that it might be effective by defining B1 in a restrictive fashion and to u se it as a protective buffer , then lump the B2 district to be everything else . David wondered if you make B2 everything else ( when you designate certain geographical areas as 61 , B2 ) you may find some uses may supercede the type of usage you want to have in an area you might want to foster , to create the kind of community h ub that you have in mind . You may want to have a B2 that ' s more ✓ etail oriented - - things you ' d like to see around the core of the Village - - and make the B3 everything else . Peter said establishing t he B1 buffer zone , everything else becomes B2 ( then you get Wal - Mart n ext to a furniture manufacturer , rather than Wal - Mart next to K - Mart , e tc . ) . Given that perhaps they should be separating a commercial from the industrial , rather than sorting between types of commercial . K rys mentioned clustering some of the retails . Dave proposed B2 consist of : retails , business office , professional office , restaurant , banking / monetary institution , hotel / motel ( people oriented types ) . This allows the Town Board to pick some logical places to put the above . ( Mike Stamm said light cottage industry business people don ' t want to be on the main drag - they want to be off the main t rack . Peter thought this approach made sense . David said if t hat ' s our inclination , we ' d be substantially changing B2 ) . In closing , David reminded Members Mr . King would be the guest at the February 28 , 1994 meeting and would speak on tourism . The meeting adjourned at 8 : 45 PM . Respectfully submitted , Lynn Johnson ( Revisions added per David Tyler , re - typed by Roxanne Smith )