HomeMy WebLinkAbout1994-12-06 - BZA em
TOWN OF ULYSSES
ZONING BOARD OF APPEALS HEARING
DECEMBER 6 , 1994
TOWN HALL
PRESENT : CHAIRMAN : KEN CHRISTIANSON ; MEMBERS : RUSSELL
CARPENTER , CARL MANN , GEORGE TSELEKIS , JAMES HICKEY ;
1 BUILDING / ZONING OFFICER : ALEX RACHUN ; SECRETARY :
ROXANNE SMITH
GUESTS : STEVE WEAVER , CHUCK FLETCHER , BEN YAGODA ( PAL ENERGY
CORPORATION REPRESENTATIVE )
The hearing was called to order at 7 : 43 PM . The hearing was
a result of Steve Weaver ' s request for a variance under Article
II , Section 6 of the Town of Ulysses Zoning Ordinance . He wishes
to install an above ground gasoline tank . This was denied by the
Zoning Officer under Article VI , Section 4B of the ordinance in
that the tank , which is part of the pump and service appliance ,
cannot be within 200 feet of a Residence District . The property
is located at 1400 Taughannock Blvd , Ithaca , NY . The Chairman
n oted that the Members had met previously to discuss the issue .
( November 29 , 1994 )
The Zoning Officer , Alex Rachun , brought to the Members
attention some requirements from NFPA that he had become aware of
during the previous week . He went on to read some of them , as
follows : the tank shall be located at least 100 feet from any
property line that is or might be built upon , including the
o pposite side of a public way . It has to be 50 feet away from
the nearest important building on the property . The tank has to
be 50 feet from any fuel dispenser . It has to be 50 feet from
the nearest public right of way . Carl noted that the NFPA Code
specifies rules that the Board should follow .
The PAL Energy Corp . Rep , Ben Yagoda , questioned the Board ,
stating that wouldn ' t it make more sense to have the pump on the
tank , instead of having it 50 feet away ? Excavating , putting fn
more piping , could create the possibility for more leaks . Mr .
Weaver commented that it would have been nice to have had this
information when he started . At this point the Zoning Officer
rioted that this is not the Town of Ulysses ' reference standard .
The Town ' s standard just doesn ' t allow it period . The 1987 NFPA
30A allows for an above ground tank to be used for. Industrial
use ; not for retail . Alex contacted the Codes Division and was
informed that the 1993 NFPA 30A Code will allow it with the
✓ equired setbacks . Unfortunately , the more recent code has not
been officalyy adopted , so Alex could be putting himself on the
line for this . ( He indicated that he would be willing to do
t his , if Mr . Weaver were able to meet the requirements . ) The
pump can be on the tank , just not the dispenser unit . Mr . Yagoda
stated that he did not realize that this was the code ; this might
double the cost for Mr . Weaver .
Carl Mann indicated to Mr . Yagoda that the Members had met
for a work session to discuss this issue . He stated that he
could not see passing the variance request , if later on he would
® not be allowed to do it , due to NFPA . At the work session the
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TOWN OF ULYSSES 2
ZONING BOARD OF APPEALS
D ECEMBER 6 , 1994
Members came to a general agreement that it was a viable project .
At that point they did not have the information from the NFPA
Code , however . If the variance is passed , then due to the code ,
Alex is not allowed to let Mr . Weaver continue ; everyone is
working at cross purposes . Mr . Yagoda stated that he has never
run into this before . What about kerosene and diesel ? Alex
responded that there are different classes of fuel .
George stated that the easiest way to deal with the issue is
to pass the variance , then let Alex hash out the rest of it . Jim
noted that they could table it ; then let Mr . Weaver see if indeed
h e can work it out . Carl said that there are some sections of
the code that is referred to that they don ' t even have . Mr .
Weaver said that he can ' t do anything else until he gets the
Board ' s approval . Mr . Hickey stated that he wasn ' t aware of
that , but that now that he is , he ' s inclined to approve it . The
Chairman stated that they should deal with the variance that they
are talking about , which is the setback . The Members agreed .
Mr . Yagoda said they would like to work with Mr . Weaver , and see
h im get back into business .
Mr . Hickey said as follows : In preface , let the record make
clear that we are considering only the issue of whether or not
that we grant a variance to the requirement that there be 200
feet between the Residential District and a proposed above ground
tank ;
WHEREAS : The variation in relation to the requirement is
functionally insubstantial , that is , there is no
residence in the area that is within 200 feet ; and
no residence under construction , or likely to be
under construction in the near future ;
WHEREAS : There would be no effect on the population
d ensity , and no effect on governmental facilities ;
WHEREAS : There will be no change at all in the character of
t he neighborhood , and no substantial detriment to
adjoining properties for the reason stated above ;
WHEREAS : There is no feasible method alternatively for
obviating this difficulty ( referred specifically
t o the $ 90 , 000 cost difference ) ;
WHEREAS : The difficulty obviously was not self - created , it
arose due to circumstances beyond this applicant ' s
control ; I move that we grant the variance in
front of us .
The Chairman announced that a Motion was moved ; he requested
a second . It was seconded by Carl Mann . Russell Carpenter
✓ equested a discussion . He stated that he felt that it was good
that this variance was being granted . It basically was all they
were doing there that night . Mr . Weaver ' s biggest concern was
n ow going to be with Alex , and he should know that .
Carl Mann added that if there was a further variance
✓ equired , any where within reason , that he ' s sure that the Board
would consider it . He has the moral support of the Board . They
TOWN OF ULYSSES 3
ZONING BOARD OF APPEALS
DECEMBER 6 , 1994
want to see Mr . Weaver succeed .
The Chairman called for a vote as follows : Carl - YES ,
Russell - YES , Ken - YES , George - YES , Jim - YES . The motion passed
unanimously on the 200 feet variance . It adjourned at 8 : 10 PM .
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TOWN OF ULYSSES
JOINT MASTER / PLANNING BOARD MEETING
DECEMBER 6 , 1994
PRESENT : SUE POELVOORDE , CATHERINE STOVER , DAVID TYLER , PETER
DEMJANEC , KRYS CAIL , GREGG HOFFMIRE , RUTH KAHN
The meeting came to order at 7 : 30 PM . This meeting was a
work session . The Members gathered the Town of Ulysses surveys ,
and then the tally sheets . They decided that each Member would
take home a packet of surveys to transcribe . The Members will
® meet on January 3 , 1994 at 7 : 30 PM , at the Town Hall .
The Members who are responsible for the surveys are as
follows :
K rys Cail Rt . 96 East North Jacksonville
P eter Demjanec South Village of Trumansburg
D avid Tyler Jacksonville and South East
Jacksonville
Gregg Hoffmire Rt . 96
D an Smith Rt . 227
Catherine Stover Rt . 96 South West Jacksonville
Ruth Kahn Rt . 89
Sue Poelvoorde Rt . 96 West North West Jacksonville
J oanne Molino No name of road listed
Gerri Keil One half of the North Village
Randy Brown One half of the North Village
As more surveys come in , Roxanne will get them to Sue .
The meeting adjourned at 8 : 30 PM .