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HomeMy WebLinkAbout2006-11-15 - BZA TOWN OF ULYSSES BOARD OF ZONING APPEALS 11 /15/06 APPROVED MAY 16, 2007 PRESENT : Chairman George Tselekis, BZA Members Barbara Bristow, Andy Glasner, Carl Mann, Gerald VanOrden, Deputy Supervisor Dick Coogan, Zoning Typist Robin Carlisle Peck Chairman George Tselekis called the meeting and a duly advertised public hearing to order at 7 : 37 pm. They are hearing an application by Builder' s Best properties for an area variance for property at 1781 - 1793 Trumansburg Road the property is owned by Dennis Scott. They are breaking out a 2 acre piece with one house so this residence can be sold, the variance would be required because one lot would be landlocked, and the remaining lot would be non-conforming because it has 6 duplexes on 11 . 23 acres . He asked if there was a representative of Builder' Best present. Mr. Charles Schlough stated he was representing Builder ' s Best; he has pretty much purchased the property from Builders Best . They have had a contract since May of this year. He has been operating under a management contract to take care of the property and the tenants during that time. Mr. Tselekis clarified that he is managing the property but Builder' s Best does own it. He asked about the neighbors that would be purchasing the property. Mr. Schlough stated he does not own any of the property yet, he has a contract to purchase the entire lot. He is managing the property for them since they are based in Cortland and do not want to drive the 40 miles to take care of the property. Mr. Tselekis stated he manages it, and he is considering buying the whole 13 acres but he wants to make sure he can break out these parcels into the two lots as designated. Mr. Schlough affirmed that was correct, he simultaneously has been marketing the house as a separate sale; he has an interested buyer who has stated a condition of the purchase agreement would be the subdivision approval . Mr. Tselekis stated he understood, and asked if he would like to explain anything about the project. Mr. Schlought stated the project is completely built, this application would not involve turning over any dirt or issuing permits for construction . It is merely splitting off something that is already there as a large unit. He would like to point out that the potential purchaser already owns the adjoining 60 some acres . Mr. Tselekis noted there were members in the audience he asked if they had any comments. Mr. Jim Brown stated he was concerned he was sent the notice a couple days ago, it is fine with him . He has sold the 60 acres they are talking about, he received the notice even thought he was the prior owner. He was concerned the new owner was not aware and wanted to make sure the current owners were made aware before this happened. After hearing that the new owner wants to purchase the property then it is obvious they are know what is happening. Mr. Schlough stated the new owner of the 60 acre lot have requested he obtain this approval as a purchase offer condition. Mr. Tselekis asked if there were any other comments from the audience, none were offered, he asked the members of the Board if they had any questions or comments . Zoning Board of Appeals 2 11 / 15/2006 Mr. Mann stated to clarify, Mr. Schlough is buying the entire lot, then breaking off and selling the house, he would own the townhouses and the rest of the property himself Mr. Schlough agreed this was correct. Mr. Glasner asked why the lot he would be breaking off is 1 . 36 and . 64 . Mr. Schlough stated he originally broke out 1 . 36 then realized 2 . 0 acres are required so he added the . 64 to bring it in compliance . The 2 . 0 acre requirement would be part of the variance. Mr. Schough stated it would be in compliance and a new survey would be done. Mr. Glasner stated then the intent would be to make it a conforming lot with the exception of the road access . Mr. Schlough stated that is correct . Mr. VanOrden stated in the event the people next door with the 64 acres do not buy the property; this is a landlocked parcel, on the application it is indicated access would be guaranteed through the remaining property. Would there be a right of way. Mr. Schlough stated a right of way would be granted in the deed for the parcels to use the driveway through the remaining 11 acres . Mr. VanOrden asked if it is in there now. Mr. Schlough stated it is not; the owners who have put in an offer have road access and did not indicate they would need it. If any other buyer purchases this then that would be a condition and written into the contract and deed. Mr. Tselekis asked if this property is on a septic system; if so it is entirely on this two acre lot. f Mr. Schlough stated it is and indicated on the map where it is located. Mr. Tselekis asked if there were any other questions or comments, none were offered. He asked if the Board had a motion to offer. Mr. Van Orden made the MOTION, seconded by Mr. Glasner. Whereas, there will no undesirable change to the character of the neighborhood, and Whereas, there is no detriment to nearby property resulting from the requested variance, and Whereas, the benefits sought by the applicant cannot be achieved by an feasible alternative method, and Whereas, the variation is not substantial in compared to the requirement, and Whereas, the variance requested will not have an adverse impact on the physical and environmental conditions in the neighborhood, and Whereas, the alleged difficulty was not self-created, IF iP: Be it therefore resolved that the Town of Ulysses Zoning Board of Appeals approve an . area variance for Builder 's Best/Charles Schlough, 1781 - 1793 Trumansburg Road, Town of Ulysses, Tax Parcel 26. -2-15. 22 for the purpose of dividing the proposed lot into two parcels as described in the map presented for the reasons indicated on the application. Chairman Tselekis called the vote : Ms . Bristow Aye Mr. Glasner Aye Zoning Board of Appeals 3 11 / 15/2006 Mr. Mann Aye Mr. Tselekis Aye Mr. Van Orden Aye The motion was carried unanimously, variance is APPROVED. Mr. Mann asked if there was a second variance to be reviewed. Mr. Coogan stated there is because there are six dwellings on a parcel making it non- conforming. Mr. Tselekis asked to clarify they did a variance for the two parcels but they need a variance to allow six dwellings on a single lot . Mr. Coogan confirmed this . Mr. Glasner made the MOTION, seconded by Mr. VanOrden Whereas, there will no undesirable change to the character of the neighborhood, and Whereas, there is no detriment to nearby property resulting from the requested variance, and Whereas, the benefits sought by the applicant cannot be achieved by an feasible alternative method other than an area variance, and Whereas, the variation was already existing, and Whereas, the variance requested will not have an adverse impact on the conditions in the neighborhood, and Whereas, the alleged difficulty was pre-existing, Be it therefore resolved that the Town of Ulysses Zoning Board of Appeals approve to accept the division with six buildings in the R1 District, an area variance is approved for Builder 's Best/Charles Schlough, 1781 - 1793 Trumansburg Road, Town of Ulysses, Tax Parcel 26. -2-15. 22 Chairman Tselekis called the vote : Ms . Bristow Aye Mr. Glasner Aye Mr. Mann Aye Mr. Tselekis Aye Mr. Van Orden Aye The motion was carried unanimously, variance is APPROVED. Mr. Tselekis asked if there were any outstanding minutes . Ms . Carlisle Peck stated they have the July 19th, 2006 and September 20th, 2006 minutes needed to be approved. Mr. Tselekis presented the minutes of September 20, 2006 . Mr. Glasner made the MOTION to approve the minutes of 09/20/06, Mr. VanOrden seconded, All in favor MINUTES Approved Mr. Tselekis presented the minutes of July 19 , 2006 . Mr. Mann made the MOTION to approve the minutes of 07/ 19/06, Mr. VanOrden seconded, All in favor MINUTES Approved. Zoning Board of Appeals I 4 11 / 15/2006 Mr. Coogan stated there would be a training program for Town Boards and Planning Boards; it would be good for Zoning Boards as well . It is being held on November 29th, 7-9 pm . , he does not think they have made a formal announcement but he will email it the members as soon as he gets it. Ms . Bristow stated she needed to give Mr. Coogan a new email address . She has a new job and is no longer receiving mail via her email at Cornell . Mr. Coogan asked her to send it to him at the Town Hall email address. He stated in 2007 the State is requiring training to be 4 hours of training per year. At the County level they are trying to establish training courses, they are considering stormwater, DOT requirements, they are trying to host at least 6 training opportunities . He informed the members he will keep them informed. Mr. Tselekis adjourned the meeting at 7 : 51 pm. Respectfully submitted, Robin Carlisle Peck Zoning Typist 11 /29/06 TOWN OF ULYSSES PLANNING BOARD- PUBLIC HEARING CONTINUATION 11 /15/06 Approved 03/06/07 Present : Chairperson Margot Chiuten, Planning Board Members : David Means , Rebecca Schneider, Darien Simon, John Wertis, Ken Zeserson, Code Enforcement Officer Alex Rachun , Deputy Supervisor Dick Coogan. Excused : Rod Porter Applicants : Jamie Kehoe, Irene Kehoe, Peter Novelli , Jamie Allen, Bill Grunder, Public : Jim Brown, Steve Weaver Minutes : Ms . Chiuten called the continuation of the Public Hearing for the New Park Application to order at 7 : 55 pm . The Public Hearing was kept open to allow the public more time to provide input. She stated they had received some additional information since the last time they met . She offered they discuss these items then hear from the public . She stated they knew all along the project was within the UNA Lake Slopes area. She asked Ms . Schneider to present the information she had researched. Ms . Schneider stated Tompkins County had put together a large document which summarized unique natural areas throughout the county. It is a nicely done document which identifies each area by number with a map of the unique area. They have done inventories of what is present and why it has been selected as a unique area. The Kehoe property along Route 89 and near Kraft Road overlaps a small section of Area 61 called Willow Creek Glen and Lake Slopes , two of the Board members have reviewed the maps and cannot determine exactly how the boundaries overlap due to the resolution of the maps . She indicated the areas on the UNA 61 map , the three pages of the UNA chapter were distributed to the applicants . The County has selected this site for five reasons some of which are Geological importance, Scenic aesthetic value, Plant communities- rare/scarce plant and old growth forests . In particular it has 5 different plant/forest communities on this site that are locally/globally rare communities ; there maybe old growth trees 150 years or older. Whether they specifically appear on the property is unknown. Her interpretation on this is given the applicant ' s interest in enhancing the natural scenic and aesthetic values increases they should be aware of these and appreciate it increases the value of the property. In theory they should promote these wonderful features of the property. It would behoove the Board to make sure the applicant recognize this and work to protect it . Having these on your property and cutting down trees, or walking or putting roads through on rare plants and destroy these communities is a direct impact if they do not now what they are looking for. Indirectly, a lot of times , these communities have been preserved and have increased in value because they act as a buffer. His area either has acted as a buffer or had these elements on them . From her perspective she does not believe they have any legal right, but she would suggest these are valued by the County and the community as valuable attributes . She would like to recommend in the resolution the applicants know where these plants are, identify and protect these communities . She asked Mr. Coogan what his opinion on this is . Mr. Coogan stated the Town of Ulysses has never adopted the Tompkins County Unique Natural Areas . Mr. Wertis asked for clarification for what this means . Mr. Coogan stated municipalities have land use regulations, the County has made suggestions, it is up to the municipality to adopt the Unique Natural Areas . Upon adopting the Unique Natural Area it would instruct the Planning Board; i . e . a Unique Natural Area could not be build upon or only built upon with Site Plan Review or so Planning Board Mtg. 2 11 / 15/2006 much would be set aside. It would give the Planning Board guidelines to use when reviewing projects within a Unique Natural Area. What the Board has is a county document recognized by the County but there is no land use regulation for Ulysses . Ms . Chiuten stated that this could trigger Site Plan Review for an area that would otherwise not have to go through this procedure . Mr. Coogan affirmed this was correct. Ms . Chiuten offered she agreed with Ms . Schneider' s suggestion that a strong recommendation of not cutting down anymore old growth forest and destruction of plant communities , or at least minimizing these activities would be a recommendation. She would also like to add that when revegatating bringing back some of these species is encouraged. Another issue brought to their attention is the Department of Health has requested an extension to review the project. She clarified if this was regarding SEQR or their review process . Mr. Coogan stated they are not seeking Lead Agency. Ms . Chiuten stated they had sent out their package for initial review and environmental review . The engineer at DOH will further review their package for permit process . Ms . Schneider asked for clarification the fact that DOH has decided to look at it again, will they come up with recommendations that may address concerns brought up at the Public Hearing . Some comments were addressing amount of people and the lake slope with runoff. The engineering does not occur until DOH sees the plans and makes recommendation, and gives approval . The applicant should not be moving ahead until this happens . Ms . Chiuten stated what the Board has in front of them are pretty schematic , DOH will require full construction documents . Mr. Coogan stated they are reviewing the application under transient resident for motels, hotels etc . There are very specific health department regulations and inspections that have to occur. It really does not apply to Site Plan Review where the systems are located and other land relationships . Ms . Schneider asked if they could add a contingency that DOH has to approve and accept the modifications . Mr. Coogan stated if they approve the Site Plan and DOH does not approve the septic it cannot be used . Ms . Chiuten stated they could write into the resolution that the final septic design is to reviewed and approved by the DOH . Ms . Schneider replied she would be happy with that . Ms . Chiuten stated the other item that had been brought to their attention is it seems the fence had been installed over one of the curb cuts ; she asked if this was permanent or r; temporary. There are two curb cuts vs . three, the middle one is closed. ! I f , Ms . Kehoe stated there is a gate there, but it is an active driveway. Ms . Chiuten stated also someone noted the signage had already been installed, this is not t allowed since final Site Plan approval had not been granted . Mr. Kehoe stated the signage indicates 1500 which is the address for the propery. It is the address number for the property on a rock that had been sandblasted coming from the North and the South . 31 } FE l; i Planning Board Mtg. 3 11 / 15/2006 Ms . Chiuten stated that this had been part of the Site Plan and should not have been done until approval was granted . Mr. Means asked if there would or would not be more signage . Mr. Kehoe stated there are no signs it is just the address . Mr. Means stated they had been told this would be the signage for the property. Ms . Chiuten reiterated they need to have Site Plan Approval before putting anything in. Ms . Schneider stated she was curious because this was the third or fourth time the applicant has moved ahead before getting approval . It is very disconcerting working with the applicant, especially since he is working with engineers that should know this . These are things that the Board specifically should review before they are done . The applicant keeps going ahead and doing them without approval and the Board is put in a difficult position. The Board is trying to do their job and he keeps going ahead without regard to the process . Ms . Chiuten stated it does devalue the whole process . Mr. Kehoe stated he did not understand . Ms . Schneider stated he submitted a Site Plan Review , 1500 would be sandblasted on a rock for signage, this is up for review and approval , this means it cannot be done until Site Plan Review is done and approved by the Board . When he goes ahead it makes it uncomfortable for the Board to work with him . The Board has put their time into this process and it is discouraging to see the process disregarded by the applicant . Ms . Allen stated she was not aware this was part of Site Plan. She was not consulted initially on the plan, Mr. Kehoe was putting the number of the property and did not understand this would not be allowed . Ms . Schneider noted it was included in the documentation submitted, but she understood . Ms . Chiuten asked if there were any other comments from the Board . She asked if there were any comments from the Public , no comments were offered . She stated the next process would be to review the resolution as drafted. She noted it is for Site Plan Review as well as for the SEQR Review . Ms . Chiuten stated Ms . Allen presented aerial photos of what the manure storage barns would look like . Ms . Allen stated these are pictures of the inlet area, Agway uses these units for storage in downtown Ithaca next to the waterway. The Resolution was reviewed and revised for the final draft . The motion was made to approve and was approved as follows . TOWN OF ULYSSES PLANNING BOARD PROPOSED RESOLUTION RESOLUTION NO. 2006-011 Keyman ' s New Park Project SEQR/Site Plan Approval Tax Parcel No. 18 . -4-2 and 18.-4-3 1488- 1500 Taughannock Boulevard Town of Ulysses, New York Planning Board, November 15, 2006 Planning Board Mtg. 4 11 / 15 /2006 MOTION made by Mr. Zeserson, seconded by Ms . Schneider WHEREAS : 1 . The Town of Ulysses Planning Board is considering a Sketch Plan for the proposed Keyman ' s New Park Project (I\-YS Route 89), Town of Ulysses Tax Parcel Nos . 18 . -4-2 and 18 . -4-3 , B - 1 Business District and R1 Rural Residential District . The project proposes rehabilitation of 7 existing cabins/bungalows, rehabilitation of the existing garage into a wine tasting room, construction of 3 new cabins/bungalows and a hobby/storage barn, a new horse barn, new septic f systems , a gravel parking lot for approximately 50 cars, and site improvements . The proposed site improvements include plantings , stone walls and other aesthetic structures , two stone arch vehicular bridges and a wooden pedestrian bridge over existing drainage ways , and 8 ' high cedar stockade fencing . There are currently three driveway curb cuts onto NYS Route 89 which will remain . Existing trails throughout the parcel will be rehabilitated for use by pedestrians and horse-drawn wagons . Jamie Kehoe, Owner/Applicant, Allen Engineering and Novelli Engineering, Consultants and 2 . The proposed Keyman ' s New Park Project, which requires site plan approval, is an Unlisted action pursuant to the State Environmental Quality Review Act, 6 NYCRR Part 617 , and 3 . The applicant has submitted materials for the above-described action, including a project description and a set of concept drawings , dated 8/ 14/06 , as listed below : • FEAF-with a description of proposed uses , and inclusion that part Part of the project is located within a Tompkins County Unique Natural Area. • Plan for landscaping details, • Architectural blueprints for buildings to be constructed . {' E • Base Map I • Concept Map • Septic System Plan • Septic System Details • Erosion Control/SWPPP Plan • Pedestrian Suspension bridge detail • Masonry Arch Bridge detail 4 . The applicant has submitted a revised site plan on USGS map , dated October 25 , 2006 , indicating the following changes , as listed below : • Location of the horse barn, paddock and manure bays ; manure bay design presented as premortared, pre-cast concrete units on the R- 1 parcel . • Description of how horse manure will be stored/ managed to minimize runoff potential downslope and into the creek system . • Location of proposed parking and turn-around for buses . • Location of all proposed trails relative to topography and cross- sectional detail of the trails that will be supporting the proposed stagecoach traffic . • Location of 2 handicapped parking spaces, ideally one each by the ti Wine Tasting facility and the cabins . i ire 5 . The Tompkins County Department of Planning submitted its review pursuant to § 239 —1 and —m of the NYS General Municipal Law, 6 . The Town of Ulysses Planning Board has received comments from interested/involved agencies, and has not received any opposition to its intent to declare lead agency, and thus is acting as the Lead Agency, . , Planning Board Mtg. 5 11 / 15/2006 7 . The Town of Ulysses Planning Board held a public hearing on October 25 , 2006 at 7 : 30 PM, continued on November 15 , 2006 at 7 : 30 PM, 8 . It was determined the horse barn on the R1 parcel is an allowable use as a commercial stable . NOW, THEREFORE, BE IT RESOLVED : That the Town of Ulysses Planning Board, having undertaken the environmental review of the project as an Uncoordinated Review , established itself as Lead Agency, and hereby makes a negative determination of environmental significance in accordance with the New York State Environmental Quality Review Act for the above-referenced action as proposed , and therefore , an Environmental Impact Statement will not be required, and that a notice of this determination will be duly filed pursuant to the provisions of 6 NYCRR Part 617 . 12 . BE IT FURTHER RESOLVED : That the Town of Ulysses Planning Board hereby grants Site Plan Approval for the proposed Keyman ' s New Park Project proposal , subject to the following conditions prior to issuance of a building permit : 1 . Applicant must revegetate all disturbed stream/creek/drainage swale banks with native/adapted plant species from the national wetland inventory list . 2 . Designate an alternate parking area for overflow and or provide evidence in writing of the agreement with Cayuga Nature Center to provide such overflow space . 3 . Provide a plan for traffic control along Rt. 89 during events in excess of 100 persons . 4 . A maximum of six horses will be allowed at any time onsite, 5 . Maintenance of all trail surfaces with either vegetation or gravel to prevent soil erosion and sedimentation in the creek . 6 . Hours of operation for events using sound systems will be limited to 6am to 11 pm . 7 . Exterior lighting shall be reviewed and approved by the Town of Ulysses Planning Board before installation , 8 . Prohibit motor vehicles other than those used for maintenance purposes on the trails , 9 . Provide signage, maps, fences or other means to clearly delineate property lines property. 10 . Provide temporary portable sanitation facilities for events in excess of 100 people . 11 . Final septic system to be reviewed and approved by Tompkins County Department of Health . BE IT FURTHER RESOLVED : The Town of Ulysses recommends that the applicant make every effort to protect and manage impact to the features that characterize the UNA-61 , Willow Creek Glen and Lake Slopes . BE IT FURTHER RESOLVED : That the Town of Ulysses Planning Board hereby reaffirms Site Plan Approval for the proposed fence approved on August 15 , 2006 , given that said fence will adequately be mitigated against negative visual impacts with vegetation . BE IT FURTHER RESOLVED : That the Town of Ulysses Planning Board recommends to the Town of Ulysses Town Board that legislation be adopted requiring Special Permits for events over 100 people and/or involving amplified sounds . The vote on the motion resulted as follows : AYES : Ms . Chiuten , Mr. Mean , Ms . Schneider, Ms . Simon, Mr. Wertis , Mr. Zeserson NAYS : ABSENT : Mr. Porter Planning Board Mtg . 6 11 / 15/2006 ABSTAINED : N/A The vote on the motion was CARRIED 11 / 15 /06 Ms . Chiuten informed Mr. Kehoe the Site Plan had been approved . Ms . Chiuten asked for a motion to close the Public Hearing, Mr. Means made the MOTION to close, Ms . Schneider seconded. ALL IN FAVOR. Ms . Chiuten closed the Public Hearing at 8 : 35 pm . Ms . Chiuten stated the minutes from the November 2°d, 2006 meeting needed to be approved . Mr. Means made the MOTION to approve the minutes with corrections as presented by Ms . Chiuten, Ms . Simon SECONDED the MOTION, APPROVED UNANIMOUSLY . Mr. Coogan presented a subdivision the Board of Zoning Appeals had approved the variance at tonight ' s meeting. Ms . Schneider stated she had to leave the meeting, Ms . Simon also indicated she had to leave, they left the meeting at 8 : 40pm. Ms . Chiuten asked what the Board had to do with the subdivision . Mr. Coogan stated the Board reviews and can offer comments or recommendations , there is no approval necessary, there is still quorum with the remaining members . There will not be any new building on it . The property is called Jackson Heights off from Route 96 , there is a single family home and it has been made a two acre parcel . There is no road frontage, the ZBA granted the variance for that . There is a purchase offer for this parcel I pending subdivision approval from the owners of the adjoining lot which is 63 acres . There is a purchase offer that is contingent on this review . The other parcel are ' townhouses to be purchased by Charles Schlough, he wants to sell the single family home . The maps were distributed. Ms . Chiuten asked the members if they would like to continue, they affirmed they would like to conclude the business at hand . Mr. Coogan reviewed the material with the members . Mr. Wertis made the MOTION, seconded by Mr. Zeserson. Whereas the Town of Ulysses Planning Board has reviewed the subdivision located at 1781 - 1793 Trumansburg Road, Tax Parcel 26. -2. 15. 22. Now Therefore be resolved, the Town of Ulysses Planning Board offers no comments or recommendations for the subdivision. Motion Approved Unanimously. Ms . Chiuten adjourned the meeting at 8 : 45 pm . The next meeting to be held December 5t" pending notification . li Respectfully submitted , Robin Carlisle Peck Secretary 11 /28/06