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 .