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HomeMy WebLinkAbout2012-11-14-BZA MINUTES TOWN OF ULYSSES ZONING BOARD OF APPEALS 11 /14/12 Approved 3/20/13 PRESENT : Chairman George Tselekis, Board Members-Barbara Bristow, Dick Coogan, Andy Glasner, Carl Mann, Environmental Planner Darby Kiley APPLICANTS : Peter and Sarah Gould Mr. Tselekis called the meeting to order at 7 : 30 pm . He noted the members present. They are here to hear an application by Peter and Sarah Gould who wish to construct a 140 square foot accessory building . The proposed building location is approximately ten feet from the side yard line . The side yard setback required in the R1 Rural Residence District is 15 feet, however, accessory buildings may occupy up to 20 percent of any yard setback, and therefore a twelve ( 12) foot setback is required . He noted they do not have anyone in the audience to give comment except for the applicant. He noted for the record the neighbors had been notified and asked whether any correspondence had been received . Ms. Carlisle Peck stated they had not received any . Mr. Tselekis asked the applicant to state his name and describe the project. Mr. Gould stated they would like to construct this building on a permeable surface already put onto their property by a prior owner. If they use this site it will prevent them from having to grade additional surface on their lot. If they moved it further back it would be closer to a seasonal stream and still not meet the setback requirement as it is only 10 feet. Mr. Tselekis asked if there would be electric or plumbing to the structure . t Mr. Gould stated electric but not plumbing would be installed in the structure . Mr. Glasner asked why the dimension could not be changed to accommodate the setback. Mr. Gould stated they would like to retain the parking space that this surface gives them . Mr. Glasner asked if they could have a smaller building due to limited space . Mr. Gould stated they do not have a basement, he would like to have equipment moved out of his house . Mr. Glasner asked if this would be the minimum size he would need for the home workshop . Mr. Gould stated it would be for the equipment he currently has . Mr. Coogan stated the property has an easement on the property near this area. Mr. Gould stated this is correct, the easement was written in at the time of purchase and is legally documented . Mr. Mann asked about the drawing that shows the end of the building ; it appears there are doors or windows, he asked which they are . Mr. Gould stated they are windows . Mr. Tselekis asked if there were any additional comments or questions , none were offered, he asked if the members were ready to make a motion. Mr. Glasner MADE the MOTION, Mr. Mann SECONDED the MOTION as follows : Board of Zoning Appeals 2 November 14, 2012 Whereas, there will be no undesirable change to the character of the neighborhood from the proposed variance less than 15 feet from the boundary for the proposed 140 foot structure, and Whereas, the benefits sought by the applicant cannot be achieved by a feasible alternative method such as a smaller building or reorienting the building, and Whereas, the variance is not substantial in comparison to the requirements, and Whereas, the variance requested will not have an adverse impact on the conditions of the neighborhood, and Whereas, although this is self created the alternatives of moving the building would have a larger impact on the environment by grading an alternative area, Therefore Be It Resolved, that an area variance be granted to Peter and Sarah Gould for the purpose of constructing a 140 square foot accessory building, at 111 Maplewood Road . The vote was taken : Ms . Bristow AYE Mr. Coogan AYE Mr. Glasner AYE Mr. Mann AYE Mr. Tselekis AYE Variance granted . Mr. Tselekis stated he had gone to training and he wanted to review these items . 1 . If a judge reviews the decision they look at procedure vs. decisions . 2 . Cannot use or mention the neighbor' s want or not wanting this as an item for the decision. Decisions cannot be based on popularity, it can invalidate the motion. 3 . They need to elaborate on details for the decision in the resolution . He congratulated Mr. Glasner in detailing the actions in tonight ' s resolution. Mr. Tselekis stated the minutes of 09/ 19/ 12 need to be approved . He noted two corrections to be made . Mr. Coogan MADE the MOTION, Mr. Glasner SECONDED the MOTION to approve the minutes of 09/ 19/ 12 with edits . VOTE was UNANIMOUS , MINUTES APPROVED The meeting was adjourned at 7 : 41 pm. Respectfully submitted, Robin Carlisle Peck Secretary i