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HomeMy WebLinkAbout1996-06-10 - BZA TOWN OF ULYSSES BOARD OF ZONING APPEALS June 10 , 1996 Board Members Present: James Hickey, George Tselekis, Kenneth Christensen, Carl Mann, Alexander Rachun Public Present: Timoithy Maguire, John Novarr, Martin Shapiro, Robin Abrahamson Masson George Tselekis brought the meeting to order at 7 : 35 pm. Item # 1 : Timothy Maguire at 2073 Trumansburg Rd . , Trumansburg NY. , is seeking a variance of the Town of Ulysses Article II Section 6 of the Zoning Ordinance . His request is to move two signs one of which is too tall and one of which is too tall and too wide. This request was denied by the zoning officer under Article VII, Section 1G & 3A of the Ulysses Zoning Ordinance in that no sign shill be higher than fifteen feet or larger than forty feet in width, if at a retail business not in a shopping center. George Tselekis asked Mr. Maguire to please explain to the Board his request . Mr.Maguire explained that approximately six years ago he gained approval to move the existing Chevrolet sign that was on the Gow property on Rte. 96 to the relocation of Maguire Chevrolet and it was placed on the hill by the new building . They have since consolidated the service operation and have moved the Ford Sales Facility basically to their Ithaca location. He wished to take down the Ford sign and put it in the location of the existing Chevrolet sign which there was approval for 6 years ago . They would also like to take down an existing used car sign and put the existing Geo sign in its place. The request is basically to relocate existing signs only. James Hickey asked if they would be using the Geo building ? • Mr.Maguire answered no . James Hickey stated that then as he understands it tliey are discontinuing use of the Chevrolet building and therefore wish to relocate the signs that are currently there to the Maguire Ford building in connection with the use of that facility. George Tselekis asked then will there be two fewer freestanding signs '? Mr.Maguire answered yes that is correct . George Tselekis then asked if there were any comments? Mr.Maguire answered that the Chevrolet sign has been in Trumansburg for 20 years at several location 's including Newport Chevrolet,Murphey Chevrolet , and Gow Chevrolet . The Board discussed the Appeal and agreed that the variance would not conflict with any of the following (5) five points. 1 .How substantial the variation is in relation to the requitement . ( 1 ) kio°` TOWN OF ULYSSES BOARD OF ZONING APPEALS June 10, 1996 2 .The effect, of the variance if allowed, on the increased population density thus produced on available governmental facilities (fire, water, refuse disposal and the like) . 3 . Whether a substantial change will be produced in the character of the neighborhood or a substantial detriment to adjoining properties created. 4 . Whether the difficulty can be obviated by some other method feasible for the applicant to pursue, other than a variance. 5 . Whether in view of the manner in which the difficulty arose and considering all of the above factors the interest of justice will be served by allowing the variance. James Hickey moved that the Board grant the variance. George Tselekis seconded the motion. The Board resolved to grant the variance. The Board voted. James Hickey Aye George Tselekis Aye Alexander Rachun. Aye Carl Mann Aye Kenneth Christensen Aye Adopted George Tselekis stated that the time is 7 :47 pm. and the second Item of business is Eurobrid Inc He then asked the parities to please explain their request . Mr. Shapiro introduced himself as the attorney for Mr. John Novarr who is the buyer for the property owned by Eurobrid. He stated that after the May 13 meeting he felt there was still some confusion as to how much of the property the variance would apply to . They have had two surveys done and they are requesting that the variance be extended to apply to 10 . 1 acres, instead of the original 4plus acres that was agreed upon at the May 13 meeting. He feels that it is not in his clients best interest to have the variance extend to only part of the parcel as related to future salability. The Board then discussed the reasoning behind allotting the original 4 plus acreage and the SEQER results. Alex Rachun then stated that this was done at a time when there was a mailing to 26 neighbors to ensure that everyone that was effected was given a chance to reply in case of controversy. He also stated that he has a problem with the fact that this request is substantially different from the (2) V ll t TOWN OF ULYSSES BOARD OF ZONING APPEALS June 10, 1996 original one and has not been advertised as such. James Hickey then asked how Mr. Novarr will be damaged by having the variance on only the 4 plus acres? Mr. Shapiro answered that as a Title Attorney, he has a problem with this because he feels uncomfortable about a use variance on only part of a parcel.Mr. Shapiro stated that in the future Mr. Novarr may wish to sell this property and he feels that a title attorney would have a problem with the variance applying to only part of the parcel. James Hickey stated that it was made very clear at the May 1. 3 meeting that 5 acres would be more than enough for Mr. Novarrs use. He then read the following from the May 13 meeting . (James Hickey stated again to be clear that the motion is to grant a Use Variance, finding that the criteria has been satisfied. A Use Variance to authorize the applicant to engage in the uses that he has put before the Board on his application. That the use Variance apply to an area of 4 plus acres , not more than 5 and is to be substantiated by the production of a survey from this applicant within a month from May 13 , 1996 . ) James Hickey then stated that the Board was specific and clear about this and the applicant is now asking for something different . Ken Christensen stated that at the last meeting the focus was on the use variance on the buildings there is now a use variance on the buildings Mr.Novarr has stated that there are no plans for new construction in which case the variance should be sufficient . The Board then discussed the Environmental impact form, the findings, and the reasons for the result of the last meeting . 1b Alex Rachun stated that he is concerned about making a change without re advertising such to the neighbors . Mr. Shapiro then stated that he understood that the original application had no limit but was set at the meeting . Carl Maim then noted that a mailing was made to 23 people and to inform them on what was going to transpire two responded their concerns were answered satisfactorily and it was approved . He stated that he feels that the public should be notified if a change is to be made to the original results He then suggested 2 ways to deal with this situation 1 -Adjourn the meeting, re-advertise and have another hearing. 2-take an action vote and make 23 people aware of the action taken, (3 ) . \/\\ TOWN OF ULYSSES WARD OF ZONING APPEALS June 10, 1996 and notifying them that they have 30 days to challenge . Ms. Robin Abrahanidn Masson then noted that the two neighbors who were at the last meeting did not seem concerned about the acreage involved and she did not feel that the Board should be as concerned on that issue. Carl Mann then stated that he distinctly remembered Roger Rollans asking how much property was affected and that he was concerned overall about it coming close to his property line. Mr. Novarr then explained that he is interested in retaining the variance and adding a few acres so that he may close on the property and get things started. James Hickey than suggested that they reapply . Mr. Shapiro answered and explained that they are concerned about the time frame and would like ) to close on the property. Alex Rachun then suggested that due to circumstances council for Mr.Novarr feels that more land than the amount originally agreed upon is necessary . That the Board could review seeker and come out with a finding and classify as a Type 1 . Then make a motion similar to what Carl Mann suggested that the Variance be granted for the 7. 1 acres and the public be notified specifically stating that there has been a change of venue, and there have been laces ' added to the original request and that the buildings in question are the only areas where the Use Variance is granted. Or the Board could redo the whole application. James Hickey then stated that he does not feel that the Board can grant this subject to being undone. Carl Mann then explained that this was not the idea but that the Board grant the Variance tonight and then notify the 23 neighbors of this action and notify them that they have 30 days to challenge this action. James Hickey then stated that if that action were taken it would expose the Town and be procedurally irregular. George Tselekis noted that he has no problem with the plans but a member of the public was here and they had agreed to what was done at that meeting. The Board then discussed variances and the percentage that are challenged. Mr. Novarr stated that he wishes to close on this property and wishes to leave the meeting tonight knowing that he at least has the variance passed at the last meeting and what property it includes . Mr. Shapiro then stated that this being the case he would like the Board to pass a resolution applying the variance granted at the last meeting to an area of land of 5 aces called Parcel B with the Northerly line running South Degrees 53 min: East James Hickey made a motion to extend the deadline requirement for the submission of a map in (4) • lea TOWN OF ULYSSES BOARD OF ZONING APPEALS June 10, 1996 view of the circumstances presented tonight, and the desire to make changes . The parties will be allowed an additional 30 days from tonight and that the discretion for final approval to the 5 acres shown on this map be given to the Zoning officer with the idea that his intent be to effectuate the intent of the Board George Tselekis seconded the motion. The Board voted. James Hickey Aye George Tselekis Aye Alex Rachun Aye Ken Christensen Aye Carl Mann Aye . Adopted. Alex Rachun Moved to adjoin the meeting. The meeting was adjoined at 8 :41pm. Respectfully Submitted; Julie Kraus (5)