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TOWN OF ULYSSES
ZONING BOARD OF APPEALS
TOWN HALL
MAY 2 , 1994
PRESENT : CHAIRMAN : KEN CHRISTIANSON ; MEMBERS : CARL MANN JR . ,
RUSSELL CARPENTER , JAMES HICKEY JR . , GEORGE TSELEKIS ;
ZONING OFFICER : ALEX RACHUN ; SECRETARY : ROXANNE SMITH
ALSO PRESENT : FIRST VARIANCE REQUEST : MARVIN AND ALLISON PRITTS ;
SECOND VARIANCE REQUEST : PETER AND BARBARA MCCHESNEY ,
MARILYN TSAPIS , JIM KERRIGAN ( her attorney ) , LAURA
HOLMBERG ; THIRD VARIANCE REQUEST : RACHEL SIEGEL TRUST
( not present ) , LAURA HOLMBURG ( her. attorney ) , STAN
AND ANN PALMER , JOSEPH ALLEN ( Palmer ' s attorney ) ,
BRUCE WILSON ( Town attorney , present as a neighbor ,
not in his official capacity ) , MR . AND MRS . WHITE ,
( neighbors ) AND KAREN WELLS .
MARVIN AND ALLISON PRITTS
5150 COLD SPRINGS ROAD
TRUMANSBURG , NY 14886
The Chairman called the first hearing to order at 7 : 35 PM .
Marvin and Allison Pritts have requested a variance under Article
II , Sec . 6 of the Zoning Ordinance ; for the purpose of adding a
roofed porch to the front of their house . It had been denied under
Article V , Sections 1 and 2 of the Ulysses Zoning Ordinance in that
a lot purchased prior. to 1977 must have 150 feet of frontage ; and
t he front yard in a Residence District must be no less than 50 feet
from the highway right of way .
11/ The Chairman inquired of Mr . Pritts what the line on the map
indicating 75 feet meant . He responded that Alex had said they
should be back 75 feet from the center of the road . They are over the
line by 3 feet in one area , and 5 feet in the other . George asked
what the frontage of the lot was . Allison responded 135 " point some -
t hing " . Alex stated that he had received a telephone call from the
neighbor immediately to the east ; Ron Gladstone . He expressed his
approval of the project . Preface to the following resolution was
t he comment that the roof was being put on a proch that was already
t here .
Zoning Member James Hickey made the resolution :
Whereas : The variation in question is not substantial in
✓ elation to the requirement ;
W hereas : There will be no effect at all to increased pop -
u lation density , and no burden on any available
governmental facilities ( such as fire , water or
refuse disposal ) ;
Whereas : There would be no substantial change in the
character , and no detriment to any adjoining
® properties ;
Whereas : What they want to do can obviously only be
accomplished by what they are proposing ( a
✓ oof for their porch ) .
Whereas : It appears that the proch / deck was already there ,
it ' s only a question of adding a roof to it ,
w hich would likely enhance the appearance of the
property to the benefit of all concerned ;
In the interest of justice it would appear to dictate that we grant
t he variance ; I move that we grant it . George Tselekis seconded the
motion . The Chairman called for a vote as follows :
Russell Carpenter - Aye
Carl Mann - Aye
K en Christianson - Aye
G eorge Tselekis - Aye
J ames Hickey - Aye
The variance was approved unanimously .
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TOWN OF ULYSSES 2
ZONING BOARD OF APPEALS
TOWN HALL
MAY 2 , 1994
PETER AND BARBARA MCCHESNEY
1115 TAUGHANNOCX BLVD .
ITHACA , NEW YORK 14850
The Chairman called the second hearing to order at 7 : 40 Phi ,
Peter and Barbara McChesney have requested a variance under Article
II , Section 6 of the Zoning Ordinance ; for the purpose of rebuilding
a collapsed garage and altering its ' original footprint . It was denied
u nder Article A , Section I , of the Ulysses Zoning Ordinance in that
n o building shall be erected on a lot with less frontage than 150 feet
for property purchased prior to 1977 .
The Chairman stated that the McNhesne ' s desired to build a
two car garage with a work area in the same spot where the original
h ad collapsed . Mr . McChesney stated that the new structure would not
be any bigger , just a different shape . The original was L shaped ; the
n ew structure will be rectangular . The back wall is cement ( cinder
block ) and helps hold the bank up . The new structure will be inside
t hat cement wall . The boat will be stored in the garage . The drive
way was not paved when the original garage was built . When the drive -
way was paved , it was paved into the garage ; the cinder blocks were
already there .
The Chairman asked for comments from the audience . A lengthy
discussion ensued . Mr . James Kerrigan spoke on bej alf of his client ,
Mrs , Marilyn Tsapist ( e next door: neighbor of the McOhesue s ) . Once he
looked at the survey , he noted that the structure was inches within
the property line , indicating a side lot problem . He stated that he
would be the first to admit that there is an ulterior motive in his
✓ equest ( to consider the side lot problem ) . He mentioned that they
were present a year ago with an identical application . The Chairman
interupted , stating that that was not an identical application . Mrs .
O auOlet said they didn ' t want to change the structure , that the request
was similar . The Chairman said that Mrs . T5apist had requested e
living unit which is entirely different from a garage . Mr . Kerrigan
asked that the hearing be adjourned for a month , as his first request .
H e stated that the original structure would be demolished for the new
structure , and that the original was a 2 bay carport with a roof over
it . He mentioned that it appears that over 894 of the existing building
is demolished , which takes it out of an application to re - build and non -
conforming use . To suggest that the removal of the existing structure
and putting in a I bay garage is the same as an existing 2 bay carport ;
h e suggests is not the case . It is difficult to pick up the elevation
from the plans . The side elevation shows 8 feet ( which the original
structure was with e Flat roof ) . The new plans call for a patched
roof , with the addition of e cnpolo . The side elevation will result
in ( above grade ) about 20 feet .
The Chairman asked what the main objection was ? Mrs . Tsapist
said that they ' re in the woods , it would be an eyesore . These are ail
t iny lots ; it will be 4 feet from Mrs . Teapist ' s only entrance , l5 feet
from a major center of her home ( porch ) , said Mr . Kerrigan .
Peter McChesney stated that Mr . Kerr, igan ' s .facts are incorrect .
1 The building is set back more than 5 feet from the property line . The
structure is roughly equivalent to the structure it is replacing ( it may
be 10 feet more , or less ) , it just is a different footprint . The height
may be 15 feet . Lim Hickey said that they need to address Mr . terrigan ' s
point about the use being as good or better . He cites Section I , of
Article 7 , under, the non - conformance provision of the Zoning Ordinance .
That has to No with a non - conforming use , the discussion is about an
area variance . The entire Article , and all its ' Sections are completely
inapplicable .
Mrs . Holmberg said that every improvement the NcChesneys have made ,
have been excellent . It is e beautifully maintained property . She is
not directly affected as she in on the other side .
poi
TOWN OF ULYSSES 3
ZONING BOARD OF APPEALS
TOWN HALL
MAY 2 , 1994
Mrs . Tsapist stated that this will affect her view .
The Zoning Officer , Alex Rachun , commented that even if Mr .
McChesney cleared his path , so to speak , there would still be enough
III building there in evidence , to constitute the required 15 % under normal
circumstances . This building came down , as far as the roof is concerned ,
it was probably due to how the building was constructed as well as with
what . The addition of a pitched roof makes sense , it won ' t necessarilly
constitute a volumetric change of the building . The footprint is being
® altered . That may obviate a change that is not in keeping with the 15 %
rule . He feels comfortable with all the requirements being set forth
for a variance under, reconstituting a building back to its ' original or
better condition . Most homes in Tompkins County generate a pitch roof
instead of a flat roof ( for structural reasons ) . George asked Mr .
McChesney why he was changing the footprint ; what was the advantage of the
new design ? He responded that it gives him a little more room to turn
around in . It ' s a tight situation . The " third bay " is really a door
for aesthetic reasons only . The area is too short to take a car .
Mr . Kerrigan requested that no part of the building be within 5
feet of the property line . Mr . McChesney said he ' d be happy with that .
Carl questioned Alex if there was anyway to ascertain a property
line without a survey ? Alex responded that it is within the Boards '
power to request a survey . That may be an undue hardship . Mr .
McChesney stated that he would rather not have it surveyed . In lieu of
a survey you could probably have it re - defined , just have it measured
said Alex . Mr . McChesney said that was fine , he would have it measured .
Jim said that he would like to make a motion ; but first he would
III like to preface the motion with the remarks from the Zoning Officer
with regard to the requirements ( including the 5 feet requirement ) . He also
wants to state for the record that one year ago the only opponents who
appear this evening were applicants whose plans were successfully opposed
by tonights ' applicants .
Whereas : It appears that in a context of normal attitude
t owards lakefront properties , the variation is not
substantial in relation to the requirement ;
Whereas : There is obviously no impact on population density
o r any governmental facilities ;
Whereas : Replacing a garage with a garage does not affect
a substantial change in the character of the neigh -
borhood ;
this Board remains unconvinced by the unsubstantiated offerings of the
opponents that there is going to be a substantial detriment to any ad -
joining properties ;
Whereas : It would appear it would be consistent with our
✓ iew of dealing with lake properties and projects
o f this nature , to grant an application such as
t his ;
® I move to grant this variance . Russell seconded the motion . Carl asked
for discussion . He commented that this could be considered a substantial
detriment to adjoining properties ( item 3 ) , and he thinks the garage
can be re - built without substantial volume increase ( as p.roposed ) , he
thinks it would be a mistake to grant the variance . Jim did state that
Mr . McChesney should meet the 5 feet requirement and probably have it
surveyed . If he does not , it is at his own peril .
The vote was as follows :
Russell Carpenter - Aye
Carl Mann - Nay
Ken Christianson - Aye
George Tselekis - Aye
James Hickey - Aye
The motion has been carried four to one .
/ • 7
TOWN OF ULYSSES 4
ZONING BOARD OF APPEALS
TOWN HALL
MAY 2 , 1994
RACHEL SIEGEL TRUST
1535 TAUGHANNOCK BLVD .
ITHACA , NEW YORK 14850
The Chairman called the third hearing to order at 8 : 17 PM .
Rachel Siegel Trust has requested a variance under Article II ,
Section 6 of the Ulysses Zoning Ordinance . This is for the purpose
of subdividing a legal conforming lot into two non - conforming lots .
• This was denied by Alex Rachun under Article V , Section I of the
® Ulysses Zoning Ordinance , in that a legal conforming lot requires
200 feet of frontage .
Mrs . Siegel ' s attorney , Laura Holmberg , represented her . She
stated that Mrs . Siegel bought 2 adjoining lots in 1979 on the west
shore . At some point they were joined for tax purposes . Each lot is
more than an acre , each lot has a septic system . One lot has a resi -
dence on it . That lot is for sale . She could not find a buyer for both
lots . In the former configuration the north lot has about 184 feet
of frontage and the south one has 163 feet of frontage . They share the
same tax number . The sub - division has been destroyed as a result of
this . There are 2 deeds . When you tax them as one , you destroy that
division line between the two lots ( according to the Zoning Ordinance
and the NY State sub - division laws ) . Alex stated that he looks at
the property as 1 lot .
Jim Hickey mentioned that the ZBA heard a similar case awhile
back . It concerned property formerly owned by Robert Tuttle . Alan
Vogel ( the new owner ) wanted to treat the property as 2 lots ( as they
had been in the past ) . Laura Holmberg did point out the substantial size
of the 2 lots .
Stan Palmer mentioned that he owns the road to that property .
He said it was actually one lot when it was sold to Dean Madison
( previous owner ) . One section was sold to Mr . Siegel . The only rea -
son there were 2 septic systems put in was that Dean Madison was pressed
for money . The code was changing ( Health Department ' s ) at the time ,
and you had to have a certain amount of space between gullies . In
t ime he wanted to sell them as 2 lots .
The title is in the name of the trust . Jim stated that for the
✓ ecord that there is a deed from Dean and Phyllis Madison to Rachel
Siegel then of 203 Forest Drive , Ithaca , recorded in Book 571 , page
1066 , recorded July 26 , 1979 . The same parties were a party to another
deed , recorded the same day . It should also be noted that Deed 1
refers to the deed for the northern half . Deed 2 refers to the deed
for the southern part . The Whites property and the Siegel ' s property
w ere at one time , one lot . The Whites are immediately north of the
Siegels .
Joseph Allen ( attorney for the Palmers ) stated that to suggest
® that you can ' t make a decent profit from the property the way it sits
( from a realtor ' s viewpoint ) is rather self serving . There is a differ -
e nce between financial loss and failure to achieve financial gain .
They ' re saying that they can not achieve an economic gain if the
variance is not approved by this Board . This is hardly the practical
difficulty . In any event , it is certainly self created . The property
could be divided so that the house lot meets the zoning requirement .
Mrs . White spoke . Her concern is that the second parcel not
become a building lot . They bought their ( White ' s ) property with the
u nderstanding that the Siegel ' s would not build there . The frontage
is determined by the lake . Alex stated that they really needed to
spend some time talking about access to these parcels .
Laura Holmberg pointed out that in comparison to the surrounding
lots , these 2 are substantial . The Palmer ' s lake front lot has 75 feet
of frontage ( just south of the south parcel ) . The lots just north of
the north parcel are all about 100 feet in width . Mr . Palmer pointed
out that there is nothing built on their 75 foot parcel , and they know
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TOWN OF ULYSSES 5
ZONING BOARD OF APPEALS
TOWN HALL
MAY 2 , 1994
they can ' t build on it without a variance . He said he was concerned
with the right of way because of the dust issue . His daughter ' s
home is on that road and she has children . He said speed is an issue ,
that he has threatened to put in speed bumps . ( Mrs . Siegel is one
of the worst violators . )
Bruce Wilson ( Town attorney ) spoke . His property is the next
house south of Mr . Palmer . He owns basically 365 feet of frontage ,
and is in the process of acquiring 265 feet more . As a neighbor he
Awants to see the Zoning Ordinance enforced . The Zoning Ordinance was
created in 1977 , which means the parcels were created as 2 non - conform -
ing lots . They have a right to build a dock , not a building . It was
created in violation of the Zoning Ordinance . ( The requirement is 200
feet of frontage . ) This is a self - created hardship . He buys property
to keep his privacy , relying on the Zoning Ordinance ; he relies on the
Board to enforce it . He also mentioned that under Town Law 280 A , it
is a requirement to build with access to a public highway .
Alex agreed with Mrs . Holmberg ' s comments that these lots are
not considered small lots on the lake in the Town of Ulysses . The
issues that concern him are 280 Town Law and 282 of General Business
L aw ( which over - rides 280 Town Law ) which is the Martin Act . These
are rules governing condominiums and houses that are built and serviced
front to back by a private driveway . If you want to sub - divide front
t o back , today in New York State , as of 1993 , you can only do that with
the approval of the Attorney General ' s office or the private right of
way has to be eased over to the Town . Alex suggested that the Board
make this one legal conforming lot .
III Laura Holmberg interjected that the Martin Act did not apply to
t his situation . No one has come in for a building permit . Jim Hickey
agreed . A building permit requested in the future could be a problem ,
said Alex . We ' re limited by the sphere of what ' s in our concern ; which
are the factors set forth here , said Jim . This could not be a building
lot set forth by the uniform code . Let ' s just strike the Martin Act and
stick with the uniform code , said Alex . The objection that the neighbors
h ave is that they would like to see the lot with the house on it fit
uniform code ( 200 feet ) said Russell .
Carl made the motion as follows : this request for a variance
as written be denied . Ken seconded the motion . The vote was as follows : I
George Tselekis indicated taht he has customers on both sides of
the issue , so he would like to abstain .
Russell Carpenter - Aye
Carl Mann - Aye
Ken Christianson - Aye
James Hickey - Nay
The motion is carried 3 to 1 . The variance has been denied as
written .
Carl brought up to the Board the issue of plot plans . ( Page 2 ,
ill top right hand corner . ) Most of the plans the Board receives are
seriously remiss in this , and as a result , the Board asks questions
it shouldn ' t have to . The plans should be drawn to scale . Alex
agreed , and said he ' ll request them in the future .
The hearing adjourned at 9 : 25 PM .
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TOWN OF ULYSSES
PLANNING BOARD MEETING
TOWN HALL
MAY 2 , 1994
PRESENT : CHAIRMAN : DAVID TYLER ; MEMBERS : KRYS CALL , GERRI
KEIL , PETER DEMJANEC , GREGG HOFFMIRE
The Planning Board will continue to pull together its ' fall
efforts on the proposed revisions to the Residential portions of
the Zoning. Ordinance . The Planning Board is proceeding to integrate
those ideas ( the general concepts adopted last fall ) into the exist -
ing Ordinance .
A The meeting came to order at 7 : 40 PM . The first order of busi -
ness was the review and approval of the minutes from the meeting of
April 18 , 1994 . The minutes were approved unanimously .
Krys Cail mentioned that Doug Austic ( Town Supervisor ) has re -
quested a monthly report of what the Planning Board is doing . It
was suggested that at the first Planning Board meeting of each month
that there be a short statement at the beginning of the minutes
which Doug could review . This would save him from having to go
through the entire minutes in detail .
The Members then reviewed the minutes from the Master Plan
meeting of April 26 , 1994 . Monika Crispin , from the Tompkins
County Cooperative Extension Ag Program , gave a presentation . The
minutes were detailed , informative , and gave the Planning Board a
good sense of the status of the agricultural segment of our community .
There was a consensus that the conditional agricultural users , are
those who were farming on a large scale , were facing increasing
economic pressures both from taxes and in the market place . It was
suggested that the Ag segment of the community was changing ; more
than it was dying . That seemed to be reflected in the information
that was provided by Monika Crispin . It is apparent that there are
many factors affecting the Agricultural community , including local
markets , national and world markets , real property and income tax
considerations , and so forth . It is clear that the Ag exemption
procedure needed to be looked at .
•
Moving on to the continuation of work on the Zoning Ordinance ,
discussion moved into the question of what other uses would be per -
mitted in the R1 A District beyond the Residential 1 or 2 family
dwelling . Peter raised the question about the percentage of lot
coverage spelled out in the Ordinance of 10 % for churches and so
forth . He suggested that it shall also apply to sub - division c .
public library , daycare centers , schools , fire stations and other
quasi - business activities which would be permitted in the Residence
District . David asked if the 10 % lot coverage was reasonable ? Peter
indicated it was in a rural community .
Discussion then got into the question of setbacks , how that
applied to the types of uses that would need to provide substantial
parking on the property to service the use permitted . Peter indicated
that the lot coverage percentage would not cover parking . It was
® felt that there needed to be some buffer, between the asphalt and
neighboring residential structures . it was decided , with respect
to the R1 A District , yard setbacks shall apply to all R1 A uses ,
as to parking areas except for one or two family dwellings .
Discussion then moved on to the uses where Special Permit was
required . The concern was raised again about whether the Special
Permit process would become more or less , a rubber stamp , lest the
procedure was clearly spelled out . Approximately one half hour of
discussion / debate ensued with respect to the permit procedure which
was enumerated last fall . The result of the discussion was the fol -
lowing re - drafting of that provision . Special Permit provision
should be set forth separate from the R1 A section and should read
as follows :
Il0
TOWN OF YLYSSES 2
PLANNING BOARD MEETING
TOWN HALL
MAY 2 , 1994
In deciding whether to grant a Special Permit , the Board
o f Zoning Appeals shall be furnished by the applicant concrete data
o n the following :
a . impact of proposed use on the neighborhood ( traffic
111 burden )
b . demand on municipal resources
c . population density
d . character change
® e . noise level
f . public safety and welfare
g . impact on planned future infrastructure improvements
h . impact on land use
1 . The applicant shall provide details of steps proposed to
ameliorate any and all detrimental factors identified in the
above analysis .
2 . The Board of Zoning Appeals shall have the authority to
consider steps proposed to ameliorate the identified detri -
mental factors and to require certain conditions to be met
to accomplish the amelioration .
3 . The Board of Zoning Appeals shall deny an application for
S pecial Permit if the ameliorating steps or conditions
proposed are found to be inadequate to compensate for the
d etrimental effect of the proposed project , if it finds
t he detrimental factors are not adequately addressed by
t he applicant in its proposal .
The above was to be evaluated and revised when viewed as a whole
on the minutes of the meeting when produced .
Peter made the suggestion that if Roxanne could have the word
processor in front of her as they were drafting , the work could go
a lot quicker, and easier , everyone could see what was being proposed
and modify / clarify it as they went along . He indicated that this
could be in the minutes and it could then be discussed at the next
meeting .
Due to fatigue , it was decided to continue this meeting on the
draft ordinance at the next meeting , which is scheduled for May 16th .
At 9 : 05 PM the meeting was adjourned .