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
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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
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