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HomeMy WebLinkAbout2001-08-13 - BZA TOWN OF ULYSSES BOARD OF ZONING APPEALS PUBLIC HEARING & MEETING 8/ 13 / 2001 PRESENT: B.Z.A. Chairman George Tselekis, B.Z.A. Members Ken Christianson and Jim Hickey Code Enforcement Officer Alex Rachun and Zoning Clerk Karin Lanning . ALSO PRESENT: Gary and Leslie Van Houten, applicants and Anthony Lister, neighbor. Chairman George Tselekis called the meeting and the public hearing to order at 7 : 35 pm . The first order of business was the public hearing to hear comments on an application from Gary and Leslie Van Houten to develop a .98 acre lot, presently owned by William and Karen Merrill . The site is currently a vacant lot, located on the corner of NYS Route 96 and Krums Corners Road, tax parcel number: Mr. Gary Van Houten described the proposed project. The Van Houtens' have placed a purchase offer on the property, contingent on the approval of the variance to develop the commercially zoned lot. Their intent is to develop the lot as the site for a nursery and a boutique. Buildings on the lot will consist of 2, approximately 25' X 30' temporary greenhouse structures and a 24' X 32' Barn House, to serve as a boutique. The question was posed as to whether or not public restroom facilities will exist. Mr. Van Houten stated that they will not. Mr. Anthony Lister asked if a well would be dug to supply water for the nursery and boutique. Mr. Van Houten stated there would be a well . Mr. Anthony Lister stated that it would seem this could create water problems for neighboring properties, as the down-slope location of a well for the proposed construction site could cause the drainage of neighboring wells at higher elevations. Mr. Van Houten stated that his understanding is that water tables vary from property to property, and that it would therefore be unlikely that a well drilled at the proposed construction site would drain neighboring wells. Mr. Rachun noted that the matter before the Board of Zoning Appeals is a requested Area Variance due to acreage that fall 2/ 100's of an acre short of the one acre requirement for development. Mr. Rachun further noted that issues such as impact of the overall construction project itself on neighboring properties will be dealt with in Site Plan Review procedures, which will take place, pending the granting of the requested Area Variance, prior to construction at the site. The Board members agreed that the matter before them was solely the decision on whether or not to approve the site as an acceptable commercial building lot. Mr. Hickey moved the following : WHEREAS, the Board of Zoning Appeals has noted that the situation requiring a variance in this case consists of a difference of 2/ 100's of an acre, and, Town of Ulysses Board of Zoning Appeals 8/ 13/2001 WHEREAS, the Board has also noted that there is no concrete evidence of issues resulting from the digging of a well on this property, and,. WHEREAS, the above and other issues not directly pertinent to Board of Zoning Appeals consideration of the area variance request to build on a slightly insubstantial lot will, indeed, be addressed by the Town of Ulysses Planning Board in forthcoming Site Plan Review proceedings, which Town law dictates for projects such as the one the applicant is pursuing, and , WHEREAS, the variation in relation to the requirement is not at all substantial, WHEREAS, there will be no change in population density and therefore no impact on governmental facilities, and, WHEREAS, there will be no substantial change in the character of the neighborhood or a substantial detriment to adjoining properties, and WHEREAS, the difficulty cannot be obviated by any other feasible method, BE IT RESOLVED, that the interests of justice dictate that the variance be granted . Mr. Christianson seconded . In discussion, Mr. Lister noted that he has concerns about a number of issues, including signage and traffic issues. Mr. Rachun re-noted that these and other issues are the sort that will be addressed in the Site Plan Review process. In response to a question about whether or not the proposed project will have adequate setbacks, Mr. Rachun stated that the site will have to meet zoning requirements or other Board of Zoning Appeals hearings will be necessary. The motion was voted on . Mr. Christianson aye Mr. Hickey aye Mr. Tselekis aye Adopted . The second order of business before the Board was the zipproval of the minutes of July 16, 2001 . Mr. Hickey moved, seconded by Mr. Christianson, to approve the minutes as presented . Mr. Christianson aye Mr. Hickey aye Mr. Tselekis aye Adopted . Hearing no further business, Mr. Hickey moved, seconded by Mr. Christianson to adjourn the meeting . Mr. Christianson aye 2 I , I it i I �, i a G. : , (i • I 1 it L i . I . ii i . I el) cf i . ., ... .. i _._.: , Town of Ulysses Board of Zoning Appeals 8/ 13/2001 Mr. Hickey aye Mr. Tselekis aye The meeting adjourned at 8 : 00 pm . Respectfully submitted, Kahn T. Lanning Ulysses Zoning Clerk KTL: kl 3 1 1