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HomeMy WebLinkAbout2004-03-31 - BZA TOWN OF ULYSSES ZONING BOARD OF APPEALS 3/31 /2004 PRESENT : Chairman George Tselekis, Members Ken Christianson, Jim Hickey, Joel Warren, and Carl Mann, Code Enforcement Officer Alex Rachun, Typist Karin Lanning. ALSO PRESENT : Don and Terry Lewis, Eileen Bunce . The Ulysses Zoning Board of Appeals met for a duly advertised meeting and public hearing on March 31St, 2004. The matter before the Board was a request for interpretation of applicability of the grandfather clause in the Ulysses Zoning Ordinance, to be applied to property owned by Carl Mann, located at 2290 Trumansburg Road, and also known as Tax Parcel # 22 . -2-6 . 2 . Chairman Tselekis called the meeting to order at 7 : 33 pm, and asked Mr. Carl Mann, applicant, to describe his request. Mr. Mann explained he bought the Lamoreaux-Quinn property and is requesting an interpretation on the grandfathering of the property for commercial use. Mann stated the property has been used as commercial since at least four years before the Zoning Ordinance was adopted. Mr. Mann reviewed a list of commercial uses of the property, which list can be found in his request statement, and concluded by stating he believes the property fits the requirements for grandfathered commercial use and he therefore believes he is entitled to use it for commercial purposes . The Board reviewed correspondence of advisement from the Town Attorney, and briefly discussed said correspondence. Chairman Tselekis opened the duly advertised public hearing to hear comments on Mr. Carl Mann ' s request for interpretation of grandfathering at 7 : 38 pm . Don Lewis stated he and his wife live adjacent to the property. As far as uses, Mr. Lewis stated they understand the property has been used commercially although it is zoned for residential use. Mr. Lewis stated their concern would be that the use of the property could de-value theirs, and whatever the property is used for they do not want it to devalue theirs or create excessive noise or other negative conditions . Mr. Lewis stated Mr. Mann gave him a letter from NYS DEC regarding oil spills, but he has been told by local people that his own property may be contaminated as a result of oil spills on Mr. Mann ' s property when it was used for fuel sales . Mr. Mann showed Mr. Lewis and Mrs . Lewis an item in his property' s abstract stating no hazardous conditions exist on his property. • Eileen Bunce stated she came more out of curiosity, and though she would echo the Lewis ' concern, this property is not likely to affect her as much as a subsidized housing complex being constructed closer to her home. Carl Mann stated he does not think anything he could do that would devalue adjoining properties would benefit his, and stated he does not intend to sell gas products there. Hearing no further comments, Chairman Tselekis closed the public hearing at 7 :45 pm. The Board discussed the application . Mr. Lewis, Mrs . Lewis and Ms . Bunce posed questions to the Board about tonight ' s process and what the Zoning Ordinance allows, which the Board answered as they were posed. In preface to a Motion, Mr. Hickey noted the following in accordance with the Ulysses Zoning Ordinance : i r I TOWN OF ULYSSES ZONING BOARD OF APPEALS 3/31 /2004 That the nature of the requested interpretation is that the Zoning Board of Appeals find that the property in question is considered henceforth to be grandfathered as a property where commercial use is permitted, based on that property having been used continuously as a commercial property since before the Zoning Ordinance was adopted in 1978 , notwithstanding the fact that the Zoning Ordinance identifies said property as residential, and That the Ulysses Zoning Board of Appeals has made the following findings of fact : First, that the use of the property in question has been commercial since prior to 1978 , as has been set forth by the applicant in his presentation, Second, that such commercial uses have included : petroleum product sales, equipment and retail storage, and a beauty salon, and Third, to the best of this Board ' s knowledge there has at no time been a discontinuance of commercial use of the property lasting more than a year since 1978 . Noting the above, Mr. Hickey moved : In consideration of the above findings, it appears that the property fits the definition of the grandfather clause, and Therefore, the property known as 2290 Trumansburg Road, or Tax Parcel 11 . -2- 6 . 2 is hereby approved for commercial use under the grandfather clause of the Ulysses Zoning Ordinance and as regulated by the Ulysses Zoning Ordinance, Now Be It Therefore Resolved, that in consideration of all of the above facts and findings, this Board ' s interpretation of the Ulysses Zoning Ordinance dictates the property known as 2290 Trumansburg Road, or Tax Parcel 11 .-2-6 . 2 be considered as grandfathered as set forth above . Mr. Christianson seconded. Mr. Christianson aye Mr. Hickey aye Mr. Tselekis aye Mr. Warren aye Mr. Mann abstained. The motion carried. The next order of business was approval of minutes . Mr. Mann moved to approve the minutes of 2/ 18/2004 as presented. Mr. Warren seconded, Mr. Christianson aye Mr. Mann aye Mr. Tselekis aye Mr. Warren aye Mr. Hickey abstained. Hearing no further business , Mr. Mann moved to adjourn the meeting. Mr. Hickey seconded. Mr. Christianson aye Mr. Hickey aye Mr. Mann aye Mr. Tselekis aye Mr. Warren aye Chairman Tselekis adjourned the meeting at 8 : 15 pm. 7 TOWN OF ULYSSES ZONING BOARD OF APPEALS 3/31 /2004 Respectfully Submitted, ‘kLI Karin Lanning — Zoning Typist 1" KTL :kl i 1