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HomeMy WebLinkAbout1996-05-13 - BZA TOWN OF ULYSSES BOARD OF ZONING APPEALS May 13 , 1996 Board Members Present: James Hickey, George Tselekis, Alexander Rachun, Kenneth Christensen, Ken Carpenter, Karl Mann Public Present : Robin Abrahamson Masson Attorney at Law John Novarr Eileen Driscoll Roger Rollans George Tselekis brought the meeting to order at 7 : 37 pm. Item # 1 : Mr.John Novarr requests a zoning variance of Article IV Section 1 to operate his woodshop for his building contracting business in the existing hatchery building at 1609 Trumansburg Road (Monroe Square) in the existing hatchery building and for use of the space denominated "office" on the survey enclosed with his request . The premises are currently zoned agricultural/residential. Prior use was as a poultry hatchery and attendant office and storage/shipping uses. Ms . Abrahamson Masson stated that she is the attorney for Eurobrid Inc. whose offices are in Canada,and who is the parent company of Clock and DeCloux. She stated that the poultry hatchery business is failing and that after many losses they cannot continue operation.They have tried for the last year to sell it to someone to use as a hatchery but have had no interest . Mr. Novarr is the first serious offer that they have received on the property. She stated that they are taking a tremendous loss on the property and that Clock and DeCloux purchased the property from ISA For $575 . 000 . 00 then Eurobrid purchased the building and the land for $400 . 000 . 00 from Clock and DeCloux last year in the corporate reorganization. Mr. , Novarr has offered $ 181 . 000 . 00 for the small parcel of 7 . 1 acres # 8 . 2 on the tax map with an option of $94 . 000 . 00 # 8 .2 with the Monroe Square building for a total of $275 . 000 . 00 which is considerably less than the assessed value . The buildings on 8 . 1 and 8 . 2 are assessed for $375 . 000, and the remainder is assessed at $ 68 . 000 . 00 for a total of $425 . 000 . 00 so they are selling at a loss even now. George Tselekis inquired what the proposed use of the buildings would be `? Mr.Novarr answered that the primary use would be woodworking, and explained that he owns a company called Ithaca Millwork. They make custom woodwork for boats as well as doing a great deal of work for Cornell, and Ithaca College building items such as Computer desks, also Brugers Bagels gives him 3/4 of his business building racks for bagel bakerys . He stated that he would be operating in the same manner in which is now in the Signworks building and Underwiood Lighting He stated that the Underwood Lighting building will be unavailable to him in July or August, and that he wishes to combine the two shops into one . ( 1 ) TOWN OF ULYSSES BOARD OF ZONING APPEALS May 13 , 1996 George Tselekis inquired if he would be using the existing office and barn space as offices? Mr.Novarr answered that it is unclear to him at the time what all of that space will be used for. He explained that there is a small percentage of the building that is presently being rented as office space and a large amount that is unused at the time . James Hickey inquired will you then be using all of this space as opposed to renting it? Mr. .Novarr answered that he plans only to use the building on the left and the two back buildings. George Tselekis asked what would be happening outside the buildings that are to be used for woodworking such as storage of lumber and materials? Mr. Novarr answered that everything would be incident that it is necessaria to keep all of their materials inside. He stated that he offered Alex Rachun the opportunity to come and inspect his current site. Alex Rachu.n stated that he has been given a flow chart of what will be happening inside and outside of the buildings and as he understands it outside of employee parking and a loading dock to bring materials in and out all other activity will be inside the building . James Hickey noted that he would like to focus on the other buildings, that there is no plan of use for . Winch Mr.Novarr stated he has no use for and has no idea what they will be used for. Mr. Novarr stated that his first order of business is to rent out all of the existing office space which there is a great deal of, that he feels that '/2 is office space and %2 is a two story barn all of which is heated . James Hickey stated that should they approve this project there is no ultimate permanent unending extension as to the usage of these buildings should it come up in the future. Mr. Novarr answered that he understood this . Alex Rachun noted that the current building code designation for this building is office space a C- 1 designation and that the Quonset Building would be considered storage. James Hickey asked Ms . Abrahamson Masson how long she has been representing Eurobrid? Ms. Abrahamson Masson answered approximately 1 year and she has been with Clock and DeCloux for 2 years . James Hickey then asked if she is then aware that they have been actively trying to sell the property for approximately 1 year without much success'? Ms. Abrahamson Masson answered yes she is . George Tselekis noted that there are some people in the audience and asked if anyone has any comments. Ms.Ilene Driscol stated that she is a neighbor who owns a property directly next to the hatchery on the North side and has some concerns involving additional traffic, lawn care, and after hour noise. (2) 00 (1 TOWN OF ULYSSES BOARD OF ZONING APPEALS May 13 , 1996 Mr.Roger Rollans stated that he is a neighbor on the corner of Krums Corner and Rte. 96 . and asked if the use variance goes with the property if sold? James Hickey answered yes. Mr.Rollans asked if this is a variance just for the use of the building itself ? George Tselekis answered yes it is . Mr.Rollans stated that he had some questions on the environmental impact and that it seems that it will be negligible . He asked if Mr. Novarr will be buying both parcels at the same time? Mr. Novarr answered that he plans to acquire about 10 acres and the building but none of the adjacent corn field. Mr. Rollans asked how many employees are anticipated? Mr.Novarr answered 15 -20 never more than 30 are expected. Mr.Rollans asked what the plans are for the remaining property, and will they continue to try to sell it? Ms Abrahamson Masson answered yes, and that in the meantime it is rented to a farmer. George Tselekis noted that the next step is doing an environmental Assessment Form Ale* Raceme stated that the request by Mr. Novarr is to ask for a use variance and this particular use variance has to go through a seeker or (State Environmental Quality Review) because the land involved is being extrapolated from an agricultural district .There are various thresholds that need to be looked at to decide which kind of seeker action this is . He stated that he has been designated the seeker agent for the Town of Ulysses and in reviewing this request he has preliminarily deemed it an unlisted action because it does not fit into a type 1 action or a type 2 action, as an unlisted action it will either have to go tlitiugh the long step and require an Enviroiiinental Impact Statement or be considered a type 2 action, and be filed in our office and not have to go through that action, this is what needs to be decided tonight . There are 2 parts to a seeker which will need to be done now . A. Site Description 1 . Present Land Use : Agricultural District Current Application: Commercial 2 .Total Acreage 4 plus acres Alex stated that they should keep in mind that the buildings in question are the only areas where the .use variance will apply which means that this figure could be reduced to the square footage of the buildings which would be less than an. acre . In that case they would not come close to approaching 25 % of any of the thresholds required within an agricultural district that would put this into a Type 1 action. Alex noted that land in an agricultural district only needs to meet 25% of any of the Type 1 thresholds to make it a Type 1 action, and that to make this a Type 1 action the build out would have to be 25 acres if in fact 25 % of 20 acres would be 5 acres if that were the case they would still be under that threshold. (3 ) \ O TOWN OF ULYSSES BOARD OF ZONING APPEALS May 13 , 1996 James Hickey noted that he feels that they would be better off going that way since they would still be under the threshold . Alex Rachun noted that the property hasn't been surveyed yet to establish the acreage and the boundaries need to be defined. James Hickey stated that the he feels that if this variance were to apply to the building and a 4 acre area surrounding it this would be within the 25% threshold and avoid the Type 2 long form Environmental Impact Statement, but that it needs to be done in a way that would resist a challenge should there be a court challenge. Alex Raceme stated that this is something that they can come back to but that he feels more comfortable giving a variance to the buildings and that in applying a seeker it is easier because the buildings exist . 3 . What is predominate Soil Types of Project area : WELL DRAINED 4 . Are there bedrock outcroppings on project site: NO 5 .Approximate percentage of proposed project site with slopes : 100% 6 . 1s project substantially contiguous to , or contain a building, site, or district, listed on the 6 . National Registers of Historical Places : NO 7 . Is project substantially contiguous to a site listed on the register of National Natural Landmarks? NO 8 . What is the depth of the water table? 200 ft . 9 . Is site located over a primary, principal, or sole source aquifer? NO 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? NO 11 . Does project site contain any species of plant or animal life that is identified as threatened or endangered? NO 12 . Are there any unique or unusual land forms on the project site? NO 13 . Is the project site presently used by the community or neighborhood as an open space or recreation center? NO 14 . Does the present site include scenic views known to be important to the community? NO (4) 1 \ TOWN OF ULYSSES CARP OF ZONING APPEALS May 13 , 1996 15 . Streams within or contiguous to project area: 16 . Lakes, ponds, wetland areas within or contiguous to project area : NONE 17 . Is the site sewed by existing public utilities? YES a)if yes, does sufficient capacity exist to allow connection? YES b) if yes, will improvements be necessary to allow connection? NO 18 . Is the site located in an agricultural district certified pursuant to agricultural and Markets Law, Article 25 -AA, Section 303 and 304? YES 19 . Is the site located in or substantially contiguous to a critical environmental area designated pursuant to Article 8 of the ECL, and 61\YCRR 617 ? NO 20 . Has the site ever been used for the disposal of solid or hazardous wastes? NO B .Project Description I . Physical dimensions and scale of project a.Total contiguous acreage owned or controlled by project sponsor 53 . 3 ACRES b. Project acreage to be developed : 0 acres initially 0 acres ultimately. c. Project acreage to remain undeveloped : 43 . 3 ACRES d. Lerigth of project in miles : NA elf the project is an expansion, indicate percentage of expansion proposed : NA f. Number of off street parking spaces existing 50 PLUS Proposed : NO CHANGE g. Maximum vehicular trips generated per hour: 15 -20 ( upon completion of project) Employees arriving in AM. departing in PM. otherwise 2-3 hour h. If residential number and type of housing units: NA NOensigns (in feet) of largest proposed structure 20 ' height 60 ' width 60 ' length CHANGE IN BUILDINGS ON SITE . j .Linear feet of frontage along a public thereafter project will occupy is 600PLUS FEET (5) TOWN OF ULYSSES BOARD OF ZONING APPEALS May 13 , 1996 2. How much natural material (i. e, rock, earth, etc . ) will be removed from the site? 0 3 . Will disturbed areas be reclaimed? NA 4 . How many acres of vegetation ( trees, shrubs, ground covers) will be removed from site? 0 5 . Will any mature forest over ( over 100 years old) be removed from site? NO 6 . If single phase project : Anticipated period of construction. NA 7 . If Multi phased NA 8 . Will blasting occur during construction? NO 9 .Number of jobs generated during construction : 5 -6 Alter project is completed : 15 -20 10 . Number of jobs eliminated by this project : 0 11 . Will project require relocation of any projects or facilities? NO 12 . Is surface liquid waste disposal involved? NO 13 . Is subsurface liquid waste disposal involved? NO 14 . Will surface area of an existing water body increase or decrease by proposal? NO 15 . Is project or any portion of project located on a 100 year flood plain? NO 16 . Will the project generate solid waste? YES a.) if yes , what is the amount per . month? ONE 30 YARD DUMPSTER EVERY 3 -4 WEEKS . b.) If yes, will an existing solid waste facility be used? YES c. ) If yes, give name : SUPERIOR DISPOSAL SERVICE : Location unknown. Alex Rachun inquired will this be housed? Mr.Novair answered yes it is a large dumpster which will be housed in the back . d .) Will any wastes not go into a sewage disposal system or sanitary landfill? NO (6) \ J ) TOWN OF ULYSSES BOARD OF ZONING APPEALS May 13 , 1996 e.) If yes, explain: NA 17 . Will the project involve the disposal of solid waste? NO 18 . Will project use herbicides or pesticides'? NO 19 . Will project routinely produce odors(more than 1 hour per. day) ? NO 20 . Will project produce ambient noise exceeding the local noise levels? NO Alex Rachun asked if Mr. Novarr feels that the noise will be noticeable from outside the building? Mr.Novarr stated that there are only windows in the front offices and that the building is fully insulated, and that they do create noise inside the building. Ken Christensen asked if there is air conditioning? Mr. Novarr answered no and that they will have some loading dock doors open. Alex Rachun asked if Mr. Novarr plans on running a 24 hour shift ? Mr.Novarr answered no that they work 7 : 30- 4 : 30 5 days a week with occasional weekencls . Also the only loud machine is a planer which is not used a lot, they do mainly finish work which is relatively quiet . 21 . Will project result in an increase in energy use? NO 22 . If water supply is from wells, indicate pumping capacity wells gallons/minute 6- 10/, 6- 10/, 1 -2 23 . Total anticipated water usage per. day : MINIMAL Washing hands and flushing toilet . 24 . Does project involve local, State, or Federal funding? NO 25 . Approvals Required : City, Town, Village Board NO City, Town, Village Planning Board NO City, Town Zoning Board YES Variance 5 - 13 -96 Hearing City, County Health Board NO Other Local Agencies NO Other Regional 'Agencies NO State Agencies YES DEC. Permit by 5/30/96 * Federal Agencies NO (7) c\Ca)\ TOWN OF ULYSSES 80ARD OF ZONING APPEALS May 13 , 1996 * Permit already obtained for 1001 W. Seneca St. -will be transferred to 1609 Trumansburg Rd. Alex Rachun asked if Mr. Novarr could explain what the DEC permit was for and why it was needed? Mr. Novarr responded that they do some finish work and have a designated finish room with an exhaust fan to eliminate fumes , and that usually OSHA or DEC comes in and determines what is an acceptable treatment for the air quality in the space that you are using, and ensures that it is exhausted high enough outside. He stated that they have met both standards . Alex Rachun stated that he has provided for the Board members a copy of a letter from Richard Eckstrom the building Commissioner for the City of Ithaca. Which states that at your request I have searched the building departments record at 1001 West Seneca St . (Signworks)the City maintains a file that contains all city approvals such as Building Permits and Certificates of Occupancy. Our records also contain all correspondence and records of complaints or problems that are specific to each property. For the Signworks property there are no records of any complaints or problems of the operation of your woodshop or any other use on the property. Alex Rachun stated that he feels that if there were any vapor problems they would be recorded at this point. C.Zoning and Planning Information 1 . Does proposed action involve a planning or zoning decision? YES if yes, indicate decision required : ZONING VARIENCE 2 . What is the proposed zoning of the site? RESIDENTIAL/AGRICULTURAL 3 . What is the maximum potential development of the site if developed as permitted by the present zoning? AS IS 4 . What is the proposed zoning of the site? LIGHT INDUSTRIAL/OFFICE 5 . What is the maximum potential development of the site if developed as permitted by the proposed zoning? DENSITY AS LIMITED BY ZONING ORDINANCE 6 . Is the proposed action consistent with the recommended uses adopted in local land use plans? YES 7 . What are the predominant land use ' s and zoning classifications within a 1 /4 mile? RESIDENTIAL/AGRCULTURAL AND PLANNED DEVELOPMENT DISTRICTS - COMMERCIAL AND LIGHT INDUSTRIES ( 8) \ S5 TOWN OF ULYSSES BOARD OF ZONING APPEALS May 13 , 1996 8 . Is the proposed action comparable with adjoining/surrounding land uses within a 1 /4 mile? YES 9 . If the proposed action is the subdivision of land, how many lots are proposed? NA 10 . Will proposed action require any authorization' s for the formation of sewer or water districts? NA 11 . Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection) ? NO 12 . Will the proposed action result in the generation of traffic significantly above present levels? NO Alex kachun then stated that now the Board should review part 2 . George Tselekis then read the following 1 .Impact on land Will the proposed action result in a physical change to the project site? NO 2 .Impact on water Will the proposed action effect any water body designated as protected? NO 3 . Impact on air Will the proposed action effect air quality? NO 4 . Will the proposed acre effect any non-protected existuig or new body of water? NO 5 . Will the proposed action effect surface or ground water quality or quantity ? NO 6 . Will the proposed action alter drainage flow or pattern for surface run off ? NO 7 .Impact on plants and animals Will the proposed action effect any threatened or endangered species ? NO G 8 .Impaet on agricultural land resources Will the proposed action effect agricultural land resources'? NO 9 . Will the proposed action substantial effect non-threatened or non-endangered species? NO(9) ie3\E) TOWN OF ULYSSES BOARD OF ZONING APPEALS May 13 , 1996 10. Impact on agricultural land use resources. • Will the proposed action effect agricultural land resources? NO 11 . Impact on aesthetic resources Will the proposed action effect aesthetic resources ? No 12 . Impact on historic and archaeological resources Will the proposed action effect archeological or historic resources? NO 13 . Impact on open space and recreation Will the proposed action effect open space and recreation? NO 14 . Impact on transportation Will the proposed action effect transportation? NO 15 . Impact on energy ? Will the proposed action effect energy consumption? NO 16 .Noise and odor impact Will there be objectional noise odor or vibration as a result of the proposed action? NO 17 . Impact on public health Will the proposed action effect public health and safety'? NO 18 .Impact on growth and character of community and neighborhood Will the proposed action effect the character of the existing community ? NO 19 . Is there or is there likely to be public controversy related to the potential adverse environmental impact? NO Alex Rachun stated that a mailing was sent out and 23 neighbors were notified also an advertisement was placed in the Trumansburg Freepress. The response being one phone call from Mr. Rollins and Ms. Driscoll and Mr. Rollins appearing at the meeting. Alex Rachun stated that being as the questions have been answered the way that they have as the agent for seeker he would suggest it be moved that this is a Type 2 action. An unlisted action that falls into a Type 2 category, which means that an Environmental Impact Statement will not be required and the seeker can be considered complete at this time. A negative declaration can be made as per the long form that has just been completed. ( 10) V1 TOWN OF ULYSSkS BOARD OF ZONING APPEALS May 13 , 1996 James Hickey moved that the Board adopt the resolution that this be declared a Type 2 action not requiring a further Environmental Impact Statement and that this Board issue a negative declaration as to a need for such. Ken Christensen Seconded. The Board resolved to grant the seeker The Board voted : George Tselekis Aye Alex Rachizn Aye Karl Mann Aye Ken Carpenter Aye Ken Christensen Aye James Hickey Aye The Motion was passed. Janes Hickey moved that the Board conclude that this applicant has established first that the land in question cannot yield a reasonable return if used only for the purposes permitted in the district that it is located. More specifically they have demonstrated that the property has been on the market for a year with absolutely no takers . That its existing use cannot continue simply because it is not a profitable business at this time and that there is no purpose on the horizon or any potential purpose other than that envisioned by the applicant . Secondly that they have established that the plight of the owner is due to unique circumstances and not to the general conditions of the vicinity of the property. Further he has established that the variance requested will not alter the essential character of the neighborhood. He moved that therefore in view of these firidiiigs the Board grant the Use Variance. James Hickey stated that his feeling is that the Board should direct Mr.Novarr to prepare a survey that plots out 4 plus acres to which this Variance can be deemed to have applied. Mr. Christensen seconded the motion Alex Rachun asked if this were contingent on a ,s'uivey? James Hickey answered yes and asked Mr. Novair how soon that could be done? Mr.Novarr answered that it could be done within a month. James Hickey stated again to be clear that the nitition is to grant a Use Variance finding that the criteria has been satisfied. This would be a Use Variance to authorize the applicant to engage in: the :uses that he has put before the Board on liis` application. That the Use Variance apply to an area of 4 plus acres not more than 5 and that is to be substantiated by the production of a suivey from this applicant within a month from May 13 , 1996 . Also that all current zoning setbacks will be recognized in this survey.The Board diseiissed and decided on an amendment which would state that if the property is rezoned light iridhistrial this property would fall under whatever standards or limitations that zone would impose; and if it is rezoned in a way that would riot Permit this use this variance would continue. ( 11 ) b . f nt , . 1 i & Y ,AiL.. t _ . . : i • , J i 4. ..: � 1t • Cib TOWN OF ULYSSES 80ARD OF ZONING APPEALS May 13 , 1996 Alex Rachun seconded the motion . The Board resolved to grant the variance. The Board voted. James Hickey Aye Ken Carpenter Aye George Tselekis Aye Alex Rachun Aye Karl Mann Aye Ken Christensen Aye Adopted George Tselekis motioned to adjourn the meeting . The meeting was adjourned at 9 : 14 pm. Respectfully submitted, Julie Kraus ( 12)