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HomeMy WebLinkAbout2005-06-22-BZA TOWN OF ULYSSES ZONING BOARD OF APPEALS 6/22/2005 PRESENT : Chairman George Tselekis, Members Jim Hickey, Gerald Van Orden, and Joel Warren, Code Enforcement Officer Alex Rachun, and Zoning Typist Karin Lanning. ALSO PRESENT : Mark Hasson and Emery Nemeth. Chairman George Tselekis called the meeting and the public hearing on an area variance requested by Mark Hasson, which was adjourned from June 15th , 2005 , to order at 7 : 40 pm. Chairman Tselekis asked if Mr. Nemeth has anything he would like to add to his comments from last week. Mr. Emery Nemeth asked if the Town has an Ordinance on outhouses . Mr. Rachun answered no . Chairman Tselekis asked if Mr. Hasson would like to add anything to his comments from last week. Mr. Hasson added a brief description of the building and addition he proposes to construct, stating the outbuilding will have board and batton siding, a concrete floor, a couple of windows , an overhead garage door, and will be pole barn style with pre- fabricated trusses . As far as the addition, Mr. Hasson stated the siding will match the house and it will have a metal roof, though it will take some time for the siding to match that on the house. Mr. Hickey asked Mr. Rachun if the Town does in fact have an Ordinance regarding junk / cars, and, if so , if Mr. Hasson is in violation of this or any other junk Ordinances . Mr. Hickey also noted he realizes these Ordinances are not within the Board of Zoning Appeal ' s purview . Mr. Rachun answered yes, the Town has an Ordinance regulating junk cars and the number of cars and once the Board of Zoning Appeals makes its decision he will need to address the zoning review and zoning issues . Chairman Tselekis asked if there were any other comments . Hearing none, Mr. Hickey prefaced a motion with the following statements : First, that the Board of Zoning Appeals ' sphere of concern is limited to the area requirements, and Second, that Code Enforcement Officer Rachun has advised the Board of Zoning Appeals that there is an Ordinance relative to junk cars and the applicant ' s compliance with those regulations is a matter for a different agent of the Town, and Third, that when the Board of Zoning Appeals speaks to the issue of detriment to adjoining properties, it must bear in mind that the detriment refers specifically to the result of the project in mind in terms of its degree of variation from the legal standard, not necessarily its proposed use, thus, if the Board of Zoning Appeals does not believe the building and addition themselves will pose a detriment than their specific use is another matter to be considered by another authority. So noting the above, Mr. Hickey moved the following resolution, which was seconded by Mr. Warren : • Town of Ulysses 2 Board of Zoning Appeals 6/22/2005 Whereas , the variation in relation to the requirement, in context, is not substantial given the location of the lot, right alongside the creek, so there is no where else for the applicant to go , and Whereas there will be no increase in population density and thus no increased demand on governmental services, and Whereas, there is no change in the character of the neighborhood, especially given that the cars are there already, and, building a structure to house the cars would be an improvement, if they are in fact legal, and Whereas, it is quite clear the applicant cannot resolve his difficulties by any other feasible method, Be It Hereby Resolved that an area variance be granted to Mark Hasson to allow construction of an outbuilding and residential addition on his property located at 4155 Rabbit Run Road, also known as Tax Parcel 12 . -4-9 , a portion of which improvements will be within the required front yard setback, and which property consists of less than one acre. Mr. Hickey aye Mr. Tselekis aye Mr. Van Orden abstained Mr. Warren aye The motion carried and the variance was granted. Hearing no further business, Mr. Hickey moved to adjourn the meeting and Mr. Warren seconded . Mr. Hickey aye Mr. Tselekis , aye K Mr. Van Orden aye Mr. Warren ' aye Chairman Tselekis adjourned the meeting at 7 : 50 pm. . Respectfully Submitted, Karin Lannin'g Zoning Typist KTL : kl F) TOWN OF ULYSSES SPECIAL TOWN BOARD MEETING JUNE 22, 2005 PRESENT : Supervisor Doug Austic , Town Councilpeople Lee Scott and Roxanne Marino ; Don Ellis and Robert Weatherby absent ; Town Clerk Marsha Georgia; Attorney Bruce Wilson . Others present : John Wertis, Planning Board Chairman ; Judy Cone, Cheryl Thompson, Curt Dunnam . Mr. Austic stated that the Town Board is in receipt of a statement from the Planning Board that they reviewed Ms . Cone ' s request for a zoning change and that they voted to recommend that the Town Board form a Development District. The designation will be Computer Research and Development . Mr. Austic told Ms . Cone that for the Town Board to draw up the legal language of the Development District she would have to provide the specific boundaries of the Development District she is requesting. This information would come from the survey map and the deed. Ms . Cone stated that the 3 acres be designated as the business and the remainder of the land is designated as farmland . Mr. Austic said that the Planning Board also recommended that the number of employees be capped at 30 employees on site . Mr. Austic said that there are three Board members present so is it safe to say to the Planning Board that the Board agrees with their determination and work towards the Development District at this point and let the Planning Board continue with the Site Plan Review . If that were so we would need to schedule a public hearing and get from Ms . Cone as to the metes and bounds of her property. Mr. Austic said that the Town should also have something from Mr. Thompson (whom Ms . Cone is purchasing the property from) that he has a signed purchase offer. Ms. Cone has scheduled a closing for the property and is in the process of getting a survey done . The Town Board discussed for a long period of time the procedure that the Planning Board should follow and specifically the review of Site Plan Review before the determination of the Development District. John Wertis, Planning Board Chairman says that it does not make sense to him to do Site Plan review before the Town Board does the zoning change . Attorney Bruce Wilson attempted several times to explain that the Planning Board should not be doing Site Plan Review prior to the review of the application for a Development District. Mr. Wilson said that Site Plan Review is one concept ; Development District ' s request for review by Planning Board of the Development District is different. The criteria ' s are totally different from the Site Plan Review . This does not say site plan review but you keep asking the Planning Board to do that . Mr. Wilson stressed how important it is for the Planning Board to include in their recommendation to the Town Board the mention of the Town ' s Comprehensive Plan . Ms . Marino moved, seconded by Mr. Scott the following : BE IT RESOLVED that the Town Board of the Town of Ulysses proceed forward with the procedure to establish a Development District by having the Planning Board do the Site Plan Review and the Town Board be the lead procedure with SEQR and the Public Hearing which will coincide with the completion of the Site Plan Review . Special Town Board Meeting 2 06/22/2005 FURTHER RESOLVED that the Planning Board makes recommendations back to the Town Board including weather or not it is in line with the Comprehensive Plan . Mr. Austic aye Mr. Scott aye Ms. Marino aye Adopted . The next scheduled Planning Board meeting is set for July 19th, 2005 . Budget Modifications Mr. Austic said that a few accounts are over budget and need adjustments . A1110 .4 — Justice Contractual — A few items were over looked when the budget was done such as the fee for the Court security, the expense for the credit card payments and the trip for Justice Rector to attend the Association of Towns meeting. At this point this account is over budgeted around $900 and would most likely need an additional $2000 for the rest of the year. Ms . Marino said we might need to stop the court security or at least discuss this with the Court Justices. Mr. Austic also said that the Board agreed to build the Court bench and the money needs to be transferred into A1620 . 2 in the amount of $ 17 , 523 will come from the A Fund Balance for Building Expense and A1910 .4 Unallocated Insurance increase by $2 , 794 . 90 . Mr. Austic moved, seconded by Ms . Marino the following: BE IT RESOLVED that the Town Board of the Town of Ulysses authorizes Supervisor Austic to increase the following accounts : • A1110 . 4 $ 2 ,000 . 00 • A1620 . 2 22 , 523 . 00 • A1910 . 4 2 , 794 . 90 Decrease Fund Balance : • A Capital Reserve $22 , 523 . 00 • A Fund Balance 4, 794 . 90 Mr. Austic aye Mr. Scott aye Ms . Marino aye Adopted . Ms . Marino feels that something should be put in writing to the Court that you cannot spend money that is not in the Budget with our coming back to the Town Board . Mr. Austic said that he would like to start to institute a request for spending prior to the actual spending and bring that to the Town Board . Each department needs to keep track of their spending. The two Justice ' s needed to work on the budget and not put it off on their Clerk. Mr. Austic moved, seconded by Ms . Marino to institute a request for spending prior to the actual purchase of equipment by department heads . Mr. Austic aye Mr. Scott aye Ms . Marino aye Special Town Board Meeting 3 06/22/2005 Adopted . Zoning Review Mr. Austic said that the Building Moratorium would expire the first of September and he is suggesting assigning three to four sections to each Town Board member to review . The Administration Section can be reviewed as a whole Board . The following sections were assigned : • Ms . Marino MHP and RM • Mr. Scott B and LI • Mr. Austic AG and AG2 — Residential Hamlet • Mr. Weatherby PR and R1 • Mr. Ellis R2 and Hamlet • Mr. Coogan Work on Section 3 . 6 . 2 Other discussions of the Draft Zoning Law : Ms. Marino said that in the current Zoning Ordinance dated 1978 , on page 6 it defines Usable Areas on a lot for residents and other buildings it excludes wetlands , ponds, swamps and flood plains in usable area in a lot . Usable area for a lot is not defined in the current draft zoning. Mr. Austic explained set backs and usable areas as defined by the Health Department. Ms . Marino commented on Al — Ms . Marino feels that one of the stated goal of the draft land use map proposed by the Comprehensive Committee to follow responses from residents and property owners is "Reasonable assurance to homeowners that their investment interest will be protected". Ms . Marino does not believe the current defined Al , with very broad allowances for permitted and accessory uses, does this for residences in Al . Two of the ones that concern Ms . Marino are Hunting Clubs and Kennels . Ms . Marino suggested moving Kennels to Special Permit to control set backs and buffers to make it work as well as it can with surrounding properties . Ms . Marino suggested having better signage for Hunting Clubs and review for public safety considerations . Hunting Clubs — move to Section 5 . 6 Kennels — move to Section 5 . 6 Ms . Marino said that she would like to have the Town Board consider (this can be discussed later when all of the Board members are in attendance) adding or making an addition to the Al permitted uses or trigger a special permitting process for commercial livestock operations and packaging facilities newly constructed after the zoning law passes because she feels these types of operations can highly impact on the Town environmentally (including public health) and should have reasonable setbacks from neighboring residential property lines , buffers , lighting, air quality , etc . as specified in Design Standards section for such operations (as suggested for Ag Commerce) . Ms . Marino said, "The construction of animal confinement and processing structures, and manure storage facilities may have implications for stormwater management and groundwater and surface water quality. They can directly affect public health both in terms of drinking water supply (wells) and air quality (NH3 emissions, now recognized by EPA and NYS to be a health issue that needs remediation) . The general consensus of the Town Board was this is reasonable but we need more information on what the trigger would be — size etc . Mr. Coogan will look into this with Coop Extension and others and Ms . Marino will also . Special Town Board Meeting 4 06/22/2005 Ms . Marino had other comments about the County comments on the 239 1/m, RI and how that is set on the map , and Al and the frontage . Ms . Marino will provide her notes on these to the Board so that they can read prior to the next meeting . Ms . Marino just pointed out that these are her thoughts and beliefs and what she has heard from a lot of people and she feels compelled to bring these up again . Hearing no further business Mr. Scott moved, seconded by Ms . Marino to adjourn the meeting. Unanimously approved . Meeting adjourned at 9 : 05 PM . Next meeting is scheduled for June 28th, 2005 at 6 : 30 pm . Respectfully submitted, Marsha L. Georgia Ulysses Town Clerk MLG : mlg