HomeMy WebLinkAbout1999-05-10 - BZA q L-1
Ulysses Zoning Board of Appeals
May 10, 1999
Present : Chair George Tselekis, Ken Christianson, Jim Hickey, Carl Mann, building
inspector Alex Rachun, David Lucas, representative from Better Housing of Tompkins
County, John DeVivo ,
George called the meeting to order at 7 : 36 p . m . The Board reviewed the
application for a variance by Better Housing of Tompkins County to place an elder
cottage on the property at 3388 Colegrove Road, tax map no . 26- 1 - 14 . 1 . The
representative from Better Housing of Tompkins County explained that the cottage is a
24 ' x 28 ' mobile home placed on a temporary pressure treated foundation for the property
owner' s mother. The cottage would be hooked into existing septic and a new well will be
drilled. The cottage would be removed when the owner' s mother could no longer occupy
the home . The Board reviewed the property maps. Alex confirmed that the building
conforms in all ways except the 750 ' minimum for dwelling . Carl asked for clarification
that the house would not remain for another tenant. The representative explained the lease
process for elder cottages . Alex reported that Tom Reitz wrote a letter in support of the
elder cottage.
Jim made a motion that the variation was not substantial , there would be no
increase in population density or impact of governmental facilities, no change in the
neighborhood or detriment to adjacent properties, no other way to obviate the difficulty,
and in the interest of justice the variance be granted. Carl seconded the motion.
Alex suggested a notation that the variance was related to ECHO housing and not
to be confused with single-wide mobile homes otherwise prohibited outside mobile home
parks in the Town. Jim suggested a friendly amendment whereas the application was
made pursuit to the Elder Cottage Housing Opportunities program and not single-wide
mobile homes mentioned otherwise in the zoning . Carl seconded the motion and
amendment. The Board voted.
Carl — AYE
Jim — AYE
George — AYE
Ken — abstained due to late arrival
The motion passed and variance was granted .
The Board moved to consider the application for special permit by Veronica and
John DeVivo to establish a commercial greenhouse on property on the NW corner of
Perry City Road and Route 96 (tax map no . 24-2 - 7) . Alex explained that although the
commercial moratorium remained in effect, the use was an allowable use in a residential
zone by special permit. Alex reported that the adjacent neighbor on Perry City Road
spoke with Alex and expressed positive feelings about the nursery . John DeVivo
reviewed his responses to the 3 questions suggested in the ordinance . DeVivo explained
that the family planned to live on the property and would be open from April to October.
The Board briefly discussed the relation of such a business to the upcoming zoning
ordinance revisions .
Jim made a motion whereas there is an apparent need by the closing of a similar
business and demonstrated by inference in the apparent encouragement of such a use in
the upcoming zoning ordinance, and whereas the use will contribute to the convenience
and prosperity of the community as set forth in the attachments to the application, and it
is clear that neighboring properties will not be adversely affected, noting that no one was
present to object, that the special permit be granted as per the site plan submitted . Ken
seconded the motion. The board voted .
Ken — AYE
Jim — AYE
Carl — AYE
George — AYE
The resolution passed and special permit granted.
The Board considered the application of Robert Malkovsky for a variance for
neighbor to sell Yenei to sell a portion of her lot to the Malkovsky ' s . Malkovsky
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explained he had been gardening the property for years, planted trees, and a shed was
located partially on the lot. Alex noted that all neighbors were notified and no response.
Alex noted that under article 5 , section 1 , the Yenei lot would not meet the requirements
for frontage, area or 200 ' diameter circle . Malkovsky explained the property would not
change, but he would like to keep the garden and have additional acreage in case he
needed a septic . Malkovsky explained his lot was . 56 acres . Alex explained that Yenei
couldn ' t use or sell her lot according to the ordinance without a variance .
Jim made preamble noted that the lay of the land was such as to suspect that no
building would be erected, no change in use or topography, but simply a change in
ownership of a small piece . Jim made a motion that the variation was not substantial in
view of the absence of construction, no increase in population, no change in the
neighborhood, and there was no other method for obviation, and in the interests in justice
be granted . Ken seconded the motion. The Board voted.
Ken — AYE
Carl — AYE
Jim — AYE
George — AYE
The resolution passed and variance granted . The meeting adjourned at 8 : 10 p . m.