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HomeMy WebLinkAbout2002-03-11 - BZA TOWN OF ULYSSES BOARD OF ZONING APPEALS PUBLIC HEARING & MEETING 3/11/2002 PRESENT : Zoning Board Chair George Tselekis, Zoning Board Members Ken Christianson and Joel Warren, Zoning Clerk Karin Lanning, Code Enforcement Officer Alex Rachun. ALSO PRESENT: David Beer and Steven Beer, applicants, Bruce and Elaine Fredericks, Bruce and Martha Turnbull, George Kennedy, neighbors. Chairman Tselekis called the meeting and the hearing to order at 7 : 34 pm, and asked the applicants to explain their proposed project. David Beer explained that he and his parents (Steven and Beverly) had purchased parcel 29. 4 -39, 9 Maplewood Drive recently and that they would like to replace the two decrepit cottages that currently stand on the property with two new, all-season residences and, perhaps, a two-car garage. Mr. Beer noted that the project is intended to take place over an extended period of time and not all at once, and that many of their specific plans are presently in the planning stages. Mr. Beer stated that he and his parents applied for the variance with the hopes of setting some basic parameters for their plans Alex stated that the issue presently requiring a variance is the fact that one of the proposed residences (and consequently a presently existing cottage as well) will not meet the 50' from the right-of-way requirement needed if the lake is to be treated as the front yard of the property nor the 35 ' from property line requirement if the lake is to be treated as the rear yard. Mr. Rachun noted the fact that, because the planned location for the residence closer to the lake lies below the 100-year flood line of 386 ' , at 385 . 5 ' it may therefore be within the NYSDEC Right-of-Way. If this is the case, the Beer' s will most likely be forbidden by New York State to build said cottage on the planned site. Mr. Tselekis opened the floor for comments from the neighbors. Mr. Bruce Fredericks stated that anything the Beer' s did on the property would be an improvement, and that the only concern he and his wife currently have is that the septic and water situation will be done according to code . Mr. Beer assured the assembled that this was their intention, and explained that in beginning to look into septic system options, they presently plan on ultimately pumping the sewage uphill from the cottages to a tank and field that would be on the higher part of the property. Mr. Beer noted that the present septic system is definitely not up to code. Mrs. Elaine Fredericks asked where the Beer' s plan on building? Mr. Beer explained that the plans are to demolish the cottage closer to the lake and rebuild a two-story house with a minimally larger footprint right over the site of the old cottage, and to build a new structure either straddling the small creek that runs through the property or along the side of the ravine. Mr. Rachun noted that the plans will be close, but do appear to be conforming as far as closeness to property lines. Mr. George Kennedy asked how large the property is, and was informed that it is slightly over an acre. Mr. Kennedy then asked if there was any way that the Health Department would allow more than one dwelling unit on a parcel of this size, and if this is in accordance with the Ulysses Zoning Ordinance. Mr. Rachun explained that the Zoning Ordinance allows up to two dwelling units on an acre of land, and affirmed that the Health Department also approves septic plans for multiple dwelling units on a parcel. The Health Department ' s decisions are based on the ability of the property to support the septic system needed for the total number of Town of Ulysses 2 ‘.c Board of Zoning Appeals 3/ 11 /2002 bedrooms to be on the site. Mr. Rachun also noted that this property is comparably large for lakefront property in the Town of Ulysses, and assured the assembled that the granting of the requested variance will only be one of many permits and approvals that the Beers' will need to obtain. All normal Health Department and building code regulations will be applied once a building permit is applied four, and the Beers' will have to find out if the proposed site for the lower residence is or is not in the New York State Right-of-Way. Mrs. Turnbull asked what size the garage will be? Mr. Beer stated that, if and when it is constructed, the present plan is that the garage will be between 20'X20' and 24 'X20' , and will not have a second story. Hearing no further comments, and noting the fact that any code-compliant residential development would be an improvement to the property, Mr. Warren moved the following resolution: Whereas, the variation is not substantial in relation to the requirements, and, Whereas, there will be no significant increase on population density, nor increased demand on available governmental facilities, given that there are presently and will continue to be two residences on the property, and, Whereas, there will be no detriment to adjoining properties, but indeed, the proposal will be an improvement to the neighborhood, and, Whereas, there will be no change in the essential character of the neighborhood, and, Whereas, the applicants cannot obviate their difficulty by any other reasonable means, and, Whereas, the interests of justice will be served by the granting of this variance, Be it Hereby Resolved that the variance be approved. Mr. Christianson seconded the motion. In discussion, Mr. Christianson urged the applicants, for their own sakes, to contact the health department and look into the lake-front setback/NYSDEC Right of Way situation before they invest much time and money in the project. Mr. Christianson aye Mr. Tselekis aye Mr. Warren aye The variance was granted. The applicants are urged to note the above discussion, and look into both the 100-year flood zone regulations of the NYS Department of Environmental Conservation and the feasibility of an adequate septic system for their planned development before investing a great deal more time. effort and funds into their planned development. As a member of the Town of Ulysses Planning Board, Mr. George Kennedy expressed disapproval of the Zoning Board's action, noting particularly that the Board did not discuss the number of persons who will occupy the property after the proposed projects are complete. Furthermore, Mr. Kennedy expressed the view that this matter needs to be addressed in the revising of the Ulysses Zoning Ordinance. Due to the lack of a quorum for the minutes of that meeting, action on the minutes of 11 /12/2001 was tabled until the next meeting. With no further business, Mr. Warren moved, seconded by Mr. Christianson to adjourn the meeting. Town of Ulysses 3 Board of Zoning Appeals 3/ 11 /2002 Mr. Christianson aye Mr. Tselekis aye Mr. Warren aye The meeting adjourned at 8 :05 pm. Respectfully submitted, Karin T. Laming k\\SO\ Ulysses Zoning Clerk KTL :kl