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 :
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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.
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TOWN OF ULYSSES
ZONING BOARD OF APPEALS
3/31 /2004
Respectfully Submitted, ‘kLI
Karin Lanning — Zoning Typist 1"
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