HomeMy WebLinkAbout2013-12-18-BZAMINUTES
TOWN OF ULYSSES
ZONING BOARD OF APPEALS
12/18/2013
Approved 3/5/14
PRESENT: Chairman George Tselekis, Board Members- Richard Coogan, Carl Mann,
and Environmental Planner Darby Kiley
Excused: Barbara Bristow, Andy Glasner
Public: Sue and Marie Roenke, Evan Reynolds
Mr. Tselekis called the meeting to order at 7:00 pm. He noted the members present.
Mr. Tselekis stated the purpose was to follow up on a tabled discussion of an appeal by
Susan and Richard Roenke for area variance(s) under Article XVII Section 17.8 of the
Town of Ulysses Zoning Law. This is for the purpose of the keeping of sheep, where the
number of sheep does not meet the maximum number permitted by the Standards for
Animals in Residential Areas. The property is located at 2586 Agard Rd, Town of
Ulysses. The Tax Parcel Number is 19.-1-3.35.
The applicants provided a letter from Grassroots giving their permission to graze sheep
on the Agard Rd property until June 27, 2014.
The applicants stated that Gene from Tompkins County Soil and Water Conservation
District (SWCD) visited the site last Friday but has not written up a plan yet. The SWCD
office is in the process of moving into a new space.
Sue Roenke stated that the NYS Constitution includes language that towns cannot restrict
the number of animals in a farming operation, and that the Town's Zoning law is too
restrictive.
Ms. Kiley explained the communications with Ron Mead from NYS Department of
Agriculture and Markets (NYSDAM). Mr. Mead sent a letter dated November 5, 2013,
which states that NYSDAM may do a review of the Town's Zoning Law. In a phone
conversation and a follow-up email, Mr. Mead said that NYSDAM will wait until the
Town's process is complete before doing a formal review.
Mrs. Roenke stated that she would like to pursue having the zoning law changed. Mr.
Tselekis stated that is a Town Board decision, not the BZA's.
The Roenke's currently have 65-70 sheep and when asked how many they would like to
have, they responded "100." Mr. Tselekis asked about the drinking water well, and the
applicants responded that the well is in the front yard and the sheep are no longer kept in
Board of Zoning Appeals 2
December 18, 2013
the front yard. Gene from SWCD told the Roenke's that it was plenty far away and was
fine.
Mr. Tselikis stated that the fencing had also been an issue and would like to see that the
fencing meets best standards. Ms. Roenke stated that the fencing in the front yard had
been movable and the sheep are not kept there anymore.
The BZA discussed various scenarios regarding tabling the discussion or approving the
variance with conditions.
Mr. Mann made a MOTION, Seconded by Mr. Coogan
That the variance request be tabled until such time that a plan is received from Soil and
Water with their recommendations for the number of animals on the property.
Mr. Coogan
AYE
Mr. Mann
AYE
Mr. Tselekis
AYE
Motion carried.
Mr. Tselekis added that considering the concerns of the neighbors the fencing issues
should be addressed.
Meeting adjourned at 7:30 PM
Respectfully submitted,
Darby Kiley