HomeMy WebLinkAbout2016-03-16-BZA-FINALTOWN OF ULYSSES
BOARD OF ZONING APPEALS
MEETING MINUTES
Tuesday, 3/16/2016
7:00 p.m.
Approved: July 20, 2016
Present: Chair George Tselekis, and BZA members Robert Howarth, David Means, Steve
Morreale, and Cheryl Thompson; Environmental Planner Darby Kiley.
Excused: Andy Hillman
Public Present: Frank and Sigrid Popowitch, Kent Garrison, Francesca Crannell, Lawrence and
Cheryl McCann, and B. Hayes.
Call to Order: 7:02 p.m.
Public Hearing: Appeal by Frank and Sigrid Popowitch for area variances under Section 212-40
Lot Area and Yard Requirements of the Town of Ulysses Zoning Law. This is for the purpose of
constructing a 16 ft by 18 ft addition and roofline modifications to an existing single-family
residence, which is an old schoolhouse. The existing residence is five (5) +/- feet from the Perry
City Rd right of way and the addition would also be five (5) +/- feet from the right of way. Fifty
(50) feet is the required front yard setback in the R1 -Rural Residence District. The addition
would be 29 +/- feet from the rear property line and 35 feet is the required rear yard setback.
There are existing structures that are 12 +/- feet and five (5) +/- feet from the rear property line.
The existing lot coverage is 15.4% and with the addition the lot coverage would be 17.8%, where
5% is the maximum. The property is located at 6502 Perry City Rd, Town of Ulysses, Tax Parcel
Number is 24.4-5.
Ms. Popowitch told the BZA she and her husband have lived across the street from 6502 Perry
City Road for several years now and recently purchased the property with plans to convert the
old one -room schoolhouse into a handicap -accessible home for her parents. The current building
needs a little more space, she said. It already has an 8 -by -10 feet addition, and the couple wants
to enlarge the addition. Plans call for the current garage to be nearly replaced. The couple is
trying to stay within the existing building footprint, she said. The renovation will ultimately
create a u -shaped orientation among the structures, with a central courtyard. The current setbacks
will remain as they are, she said. As to the condition of the house, Ms. Popowitch said a new sill
beam is needed, but the framing of the house — of post and beam construction — is still intact.
The Town did not receive any correspondences in regard to the project.
Asked by Mr. Howarth about the existence of any septic system, Ms. Popowitch said the plans
show a sand -filter system. An existing septic and pump tank were installed in 1983 and only
used for about five years. Other than having to replace the pump, the septic system is in good
condition, and the County Health Department has deemed it fine. A drilled well is also on-site,
Ulysses Town Board of Zoning Appeals 2
but the pipe has recessed over the years and will need to be raised to the appropriate grade, she
said.
Mr. Tselekis said the current building is very rundown and commended the effort in restoring the
structure. Though the variances, on paper, are quite substantial, they are not substantial when
weighed against the building's condition. Repairing the structure will be a good improvement.
Mr. Howarth also acknowledged and commended the restoration efforts. He does not find the
variances to be substantial, since the restoration will remain on the existing footprint. Mr.
Morreale said he sees the project only as an improvement. Ms. Thompson expressed her concern
about the applicant's investing money into a structure that is so close to the roadway. Ms.
Popowitch noted the building has been in its current location since 1826, with no motor vehicle
incidences thus far.
Ms. Thompson also asked about the driveway's location near the intersection of Perry City and
Podunk roads. Ms. Popowitch said the County has stated its preference for the driveway to enter
from and exit to Podunk Road, as is reflected in the design. There is good sight distance off
Podunk Road, she said. Mr. Means asked if there have been any accidents in the area. That is his
only concern, he said. She said two people were recently involved in a motor -vehicle accident
and needed to be airlifted to a hospital. Perry City Road is a fast road, Mr. Popowitch said.
Mr. Howarth MADE the MOTION to grant the variance requests, and Mr. Morreale
SECONDED the MOTION as follows:
The BZA reviewed the record and weighed the benefits to the Applicant against the detriment to
the health, safety and welfare of the neighborhood if the variances are granted by considering the
five statutory factors. Benefit sought by applicant is to restore the character of the school house
and make usable space out of the deteriorating structures:
Whether an undesirable change will be produced in the character of the neighborhood or
a detriment to nearby properties will be created by the granting of the area variances.
The addition is unlikely to produce an undesirable change and will be an
improvement in the character of the neighborhood. The roof modifications would
restore the character of the old schoolhouse. The addition allows the applicants to
renovate the schoolhouse to its original interior configuration. Any renovations to
the structures will beneficially improve the condition of the property.
2. Whether the benefit sought by the applicant can be achieved by some other method,
feasible for the applicant to pursue, other than area variances.
The lot is very narrow and the addition would encroach on front and rear setbacks
no matter where it is located. The lot coverage is already greater than the 5%
maximum.
3. Whether the requested area variances are substantial.
Ulysses Town Board of Zoning Appeals 3
The area variance for the front yard setback is substantial; the area variance for the
rear yard setback is also substantial. The lot coverage variance is substantial,
however, the lot is very small, and is not substantial compared to the existing
structure
4. Whether the proposed variance will have an adverse effect or impact on the physical or
environmental conditions in the neighborhood or district.
It is not likely that the variances will have an adverse impact on the physical or
environmental conditions of the neighborhood. The addition will not impact sight
distance for vehicles at the Podunk and Perry City Roads intersection. The
renovation will improve the currently deteriorated state of the structures on the
property.
5. Whether the alleged difficulty was self-created.
The difficulty is self-created because the applicant is choosing to increase the square
footage of the structures; however with the existing lot size, front and rear yard
setback variances would be needed for an addition in any location on the property.
6. Considering all of the statutory factors set forth above, the Board of Zoning Appeals
concludes as follows, the roof modification and renovation of the structure, including
the addition, will have a positive impact on the character of the neighborhood, the
lot size limits other options, the front yard setback, rear yard setback, and lot
coverage variances are substantial, and difficulty is self-created. By granting the
variances, the applicant would be able to restore the character of the schoolhouse
and improve a degraded property. Therefore the benefits to the applicants outweigh
the detriment to the health, safety and welfare of the neighborhood.
For the reasons set forth above, and upon the evidence, law and facts, it is the opinion of
the BZA that the appeal for area variances be granted.
The vote was as follows:
Mr. Tselekis
Mr. Howarth
Mr. Means
Mr. Morreale
Ms. Thompson
AYE
AYE
AYE
AYE
ABSTAINED
Ms. Thompson said she was abstaining from the vote out of concern for the building's proximity
to the roadway.
Result: Variances granted
Ulysses Town Board of Zoning Appeals 4
Continuation: Appeal by Francesca Crannell and M. Kent Garrison for an area variance under
Article IX Section 212-54 E of the Town of Ulysses Zoning Chapter 212. This is for the purpose
of constructing a single family residence where the rear yard setback would be 45 feet, and the
minimum rear yard setback is 50 feet in the LS -Lakeshore District. The property is located at 32
Maplewood Rd, Town of Ulysses, Tax Parcel Number is 27.-5-11.
Providing a brief overview of the project updates, Mr. Garrison said the house's orientation on
the property was altered to be more parallel with the western property line. The house was also
moved slightly south, and the roof pitch was brought to 4x12, lowering the overall height, he
said. Now, it is only a matter of getting approval for a single variance for the western yard
setback, he said.
Mr. Tselekis read the following information from the project materials: "The project is the
construction of a single family residence at 32 Maplewood Rd. In the LS -Lakeshore District, the
minimum rear yard setback is 50 feet, and in the original proposal, the rear yard setback was 35.8
feet. Based on input from the BZA and the Planning Board, the project has been revised and
stormwater control measures have been incorporated. The REVISED rear yard setback is 45 feet.
The house location meets the front yard setback of 50 feet."
Mr. Tselekis asked about improvements to the stormwater plans. Mr. Garrison said project
engineer John Andersson drew up new plans that call for two sets of cisterns with drainage pipes
and rip wrap. Water runoff from the roof would drain to the first cistern, then to a second cistern
via rip wrap under the driveway, and out to the house's eastern side.
The Town received no correspondences in regard to the project.
Mr. McCann, a neighbor of the property, said he has no problems with the current design and is
happy it meets all setbacks.
The project will need Planning Board approval, Ms. Kiley said in response to a question from
Mr. Howarth. The Planning Board has received the plans but has yet to formally discuss them.
They will do so at their next meeting on April 5, she said.
Ms. Thompson said the project plans still do not address water runoff off the steep slope; the
slope leads directly down to the house instead of draining into a swale. Mr. Garrison relayed
word from Mr. Andersson, who said he included a swale in his updated plans. Ms. Thompson
noted drainage will be addressed by the building code enforcer when the applicants apply for a
building permit.
On the issue of setbacks, Mr. Howarth said, the variance request is less than before. He
appreciated the applicant's efforts in making the modifications. Mr. Morreale reiterated a similar
sentiment, saying the applicant's addressed the concerns regarding water runoff, and the
neighbors do not seem to be opposed.
Mr. Morreale MADE the MOTION to grant the variance request, and Mr. Howarth SECONDED
the MOTION as follows:
Ulysses Town Board of Zoning Appeals 5
By considering the five statutory factors, the BZA reviewed the record and weighed the benefits
to the Applicants against the detriment to the health, safety and welfare of the neighborhood if
the setback area variance is granted. Benefits sought by applicants are to construct a single-
family residence on an existing nonconforming lot with narrow depth:
1. Whether an undesirable change will be produced in the character of the neighborhood or
a detriment to nearby properties will be created by the granting of the area variance.
There is little evidence that the character will be changed or there will be a
detriment to nearby properties by the construction of a single-family residence. The
property formerly had a residence that was dilapidated and demolished. Trees will
not need to be removed for the building site.
2. Whether the benefit sought by the applicant can be achieved by some method, feasible
for the applicant to pursue, other than an area variance.
The width of the existing, nonconforming lot makes it difficult to meet the setback
requirements.
3. Whether the requested area variance is substantial.
The lot depth of 45 feet versus 50 feet is not substantial. With the zoning change in
2013, the rear yard setback changed from 35 to 50 feet.
4. Whether the proposed variance will have an adverse effect or impact on the physical or
environmental conditions in the neighborhood or district.
It is unlikely that the variance will have an adverse effect or impact on the physical
or environmental conditions of the neighborhood. The house will be built in an
existing clearing where trees will not need to be removed. The proposal includes
stormwater controls.
5. Whether the alleged difficulty was self-created.
The difficulty is self-created because the applicant is choosing to build a new
structure; however the zoning allows for the use of existing nonconforming lots and
the existing conditions of the narrow property make it difficult to meet the setback
requirements.
6. Considering all of the statutory factors set forth above, the Board of Zoning Appeals
concludes as follows, the new residence will not change the existing character of the
neighborhood, nor cause any adverse environmental impacts, the alternatives for
building locations are limited, and the variance is not substantial, however, the
difficulty is self-created. The BZA has determined that the benefits to the applicant
outweigh the detriment to the health, safety and welfare of the neighborhood.
Ulysses Town Board of Zoning Appeals 6
For the reasons set forth above, and upon the evidence, law and facts, it is the opinion of
the BZA that the area variance is granted.
Mr. Tselekis
AYE
Mr. Howarth
AYE
Mr. Means
AYE
Mr. Morreale
AYE
Ms. Thompson
AYE
Result: Variance granted
Meeting Minutes Review (1/20/16): Mr. Howarth MADE the MOTION to approve the January
20, 2016 meeting minutes, and Mr. Means SECONDED the MOTION. The motion carried, 4-0,
with Ms. Thompson abstaining from the vote.
Mr. Howarth MADE the MOTION to adjourn the meeting, and Mr. Morreale SECONDED the
MOTION. The motion carried unanimously, 5-0.
Meeting adjourned at 7:38 p.m.
Respectfully submitted by Louis A. DiPietro II on March 18, 2016.