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HomeMy WebLinkAbout1999-04-26 - BZA q I Ulysses Zoning Board of Appeals April 26, 1999 Present: Chair George Tselekis, Russ Carpenter, Ken Christianson, Jim Hickey, and Carl Mann, zoning officer Alex Rachun, attorney for town Bruce Wilson, Kurt McMillan, Michael May, Edward Thayer, Dirk Galbraith. Recording minutes : Deb Austic George called the meeting to order at 7 : 34 p .m. as a continuation of the hearing of April 12, 1999 for a request to interpretation of the zoning ordinance . Michael May passed out copies of the survey for Kurt McMillan and letter of support from neighbors . May suggested that the repair work could be interpreted as an accessory use to the agricultural neighborhood . McMillan stressed that he would not be dealing in farm machinery sales and that he was employed full-time with NYSEG. Edward Thayer passed out a survey and photographs showing his property and distances to the road and adjacent properties . Thayer said he would include a machine shop and intends to work full -time in the business . Bruce Wilson reiterated his interpretation of the issues before the Board as she had written in his letter to Alex . Bruce suggested the use could be interpreted as incidental to the use of a property principally operated as a farm, as defined in the ordinance (article 5 , section 1 ) . Jim asked Bruce whether it would be possible to interpret this as a home occupation in article 4, section 2 , paragraph b as a customary home occupation. Bruce suggested that the description of a home occupation included it being conducted in the dwelling and a stronger interpretation would be based on an accessory agricultural use . Alex said he has used his discretion to interpret property cultivated by others as a farm exempt from the building code . Alex also stated that many home occupations within the town do not take place in the principal dwelling but in accessory buildings but are not apparent from the outside . Alex expressed concern for equipment parked outside on the property . Jim asked whether an interpretation that allowed the business as a home occupation providing it take place inside an enclosure . Alex said that Bruce pointed out that in article 4 , section 2 , a property owner is allowed one commercial vehicle outside to be parked outside a garage, allowing each applicant one vehicle to be parked outside . The Board agreed that McMillan would qualify as a farm, but Thayer would not due to lack of acreage . Jim made a motion that the Board interpret article 4, section 2, paragraph b to define customary home occupation to include where the home is a farm or agriculturally oriented property to include the repair of farm machinery and farm equipment provided the work would otherwise come within the definitions and rules including no more than 1 commercial vehicle parked outside a covered garage and further provided the use does not create more nuisance or noise than otherwise incidental to the use of the property . Alex also noted that article 6, section 5A regarding noise and fumes related to automobile repair. The Board discussed the language of the motion. George questioned the term "agriculturally oriented" in relation to the ordinance ' s definition of a farm or principal profession of a farm . Alex agreed that the language was unclear and difficult to enforce . The Board discussed the definitions of the motion . Alex suggested that nearly all of the Town was in an agricultural district. Alex described his approach to home occupations . Bruce suggested that agricultural definitions could not be added under the section on home occupations and that the interpretation should be given under the article on farm definitions or home occupations but not possible to combine both. Jim withdrew his previous motion and made a new motion that the Board interpret article 4, section 2 , paragraph b of the zoning ordinance to define customary home occupation to include the repair of farm machinery and farm equipment in an enclosed area, providing it otherwise conform with the law and the minutes contain the notation that the premise for making the interpretation is the recognition that the Town of Ulysses is primarily an agricultural district and remains largely agriculturally oriented community . Ken seconded the motion . The Board voted. Russ — AYE Ken — AYE Jim — AYE George — AYE The Board reviewed minutes from April 13 , 1998 . Jim moved to approve, seconded by Ken, and passed. The Board reviewed the minutes from July 13 , 1998 . Carl made a motion to approve, seconded by Ken, and passed . The Board reviewed the minutes of December 14 , 1998 . Russ moved to approve, seconded by Carl , and passed. The Board reviewed the minutes of March 8 , 1999 . Russ made a motion to approve, seconded by Ken, and passed . The Board reviewed the minutes of April 12 , 1999 . Carl made a motion to approve, seconded by Ken, and passed . The Board adjourned at 8 : 50 p . m .