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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 mm eR� � 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 . I • i caaq 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 .