HomeMy WebLinkAbout1985-03-05Town of Dryden March 5, 1.985
Zoning Board of Appeals
The Zoning Board of Appeals met on March 5, 1985 with
members Peter Brellochs, Chairman Bob Keech, Charlie Hatfield,
• Nick LaMotte, Don Rose, and Zoning Officer, Sib Stewart present.
The meeting was called to order by Chr. Keech at 7:30 P.M. to
consider the application of Ian & Helen Morrison to locate up
to three stores dealing in antiquarian books, antiques, collect-
ibles, etc. and one apartment, in the existing barn on the
premises at 1610 Dryden Road and are requesting a variance as
these are not allowed uses in the R B - 1 zone.
Mrs. Morrison & her daughter, Elizabeth were present to
explain more about their intentions. Mrs. Morrison assured
the Board there would not be any pornographic materials in
their stores. She told the Board her daughter is a resident'
of Ithaca.
•
•
Mr. & Mrs. Morrison live in New Hampshire and own a family
enterprise there. They would stock mostly academic books here
but of course they will carry many general books also. She
was hoping the variance would be granted because of the size
of the structure and the nature of the other shops would not
detract from the surroundings.
P. Brellochs inquired about adequate parking facilities.
Mrs. Morrison stated there was ample space in front of the
barn (gravel base) and plenty of turning room for vehicles.
Jim Harrington (Realtor for this transaction) stated the drive-
way met all D 0 T requirements.
Bob Keech moved that the variance be granted. Seconded by
D. Rose, and with all members voting, cast unanimous ballot
for the granting of the variance. The public hearing closed
at 7:45 P.M.
HEARING II 7;45 P.M.
The public hearing for John Dedrick to have a greenhouse
at 15 Cortland Road and is requesting a variance to Section
1104 of the Town Zoning Ordinance which,requires that a
building in a C B zone be 90 feet from the road center line.
The applicant also requests interpretation of Section 1101 to
determine if this is an allowed use. If not an allowed use,
applicant requests use variance as set forth above.
Mr. Dedrick said that basically this would be a temporary
green house, set up the first part of May and taken down the
first part of July. (An annual operation)
.N. LaMotte abstained, (For contrast of interests)
D. Rose questioned the width of Route 13. He said the law
requires 90' from the center line. Mr. Dedrick said he'd
measured 58' to the outside line at the edge of the road. D.
Rose said the variance would be approximately 20 feet. Agreed
by all. P. Brellochs inquired about the speed limit in that
area. (45 mph D. Rose said) P. Brellochs also asked about
driveways,
their
width etc.
C. Hatfield
asked
if the green-
house would
set
back further
from Route
13
than
the
wagons do.
-2-
Mr. Dedrick said he wanted good visibility from all directions
getting onto the highway.
• The greenhouse measures approximately 251x321/ P. Brellochs
was not familiar with the f rmer system of the fruit stand
and traffic situations. D. Rose said there won't be as much
of a problem with traffic with the greenhouse as there is in
the summer when the fruit & vegetable stands are in operation,
and there are no problems then.
B. Keech asked how long Mr. Dedrick had been in business
there. Mr. Dedrick said since about 1976. I made the final
payment on the property last winter.
B. Keech read a letter from Frank R. Liquori (Commissioner
of Tompkins County Planning Dept.) which stated, "the proposal,
as submitted, will have no significant deleterious impact on
intercommunity, county, or state interest. Therefore, no
recommendation is indicated by the T.C.P.D. & you are free to
act without prejudice."
S. Stewart asked if a variance was needed. B. Keech read
about variance, wondered if one was needed for section 1.101
C B (is retail sales permitted in C B zone ?) S. Stewart said
the ordinance doesn't specifically mention greenhouses.
According to Atty. Perkins, it is up to the Zoning Board to
decide if a variance is needed.
• B.
Keech said
a variance
was needed for distance, but for
use a
discussion
was needed.
D.
Rose - I move
we grant
the proposal.
C. Hatfield - I feel it goes along with• other listed
similar shops. P. Brellochs - Made motion to close public
hearing and go into executive session to discuss. 2nd by
D. Rose. Hearing closed at 8:00 P.M.
P. Brellochs - My concern is, are we setting a precedent?
We need to find whatever backing we can from C A and the nature
of businesses you may find in the area. The 1.101. aspect is a
worry. I would support Don's motion which was to grant the
variance of set back.
B. Keech - When we reopen the hearing, why don't you make
the motion.
8;15 P.M. Hearing II reopened
P. Brellochs - I'd like to make a motion that we grant the
variance of set back and add to that motion that it is the
Board's interpretation that use intended does not conflict with
allowed use.
B. Keech - All in favor of granting the variance. Vote.
• 4 .yes 1 abstention Variance granted.
B. Keech explained to Mr. Dedrick that the Town Atty, felt
the Board should make the decision, but the Board didn't want
to set a precedent for future business to cause grief at a
later date.
0
CI
0
_3_ a
B. Keech - Alan Hayes is here this evening. I'd asked him
to stop by tonight. He was here awhile back and we granted a
variance so he could operate a garage (,repair shop) in H B
zone. He has since had an operation on his back. I'll let
him explain.
A. Hayes - Basically there was a big chunk out of the variance
when I couldn't work at all. I'm still not doing much because
the operation didn't do what it was supposed to do. I met a
fellow in the village that'-works with model railroads. He is
going out of the business. I've always been interested in that
type of thing. I.wanted to check with °the board about putting
a model railroad shop in my basement. (I have already started.
to finish off a room there. I'd plan to use it as a den.) I
could use that room as a shop and there would be no physical
changes to the outside of the house. Do I need a. separate
variance or could the one I have for the garage be ammended?
P. Brellochs - I don't see how that could be done as an
ammendment to you present variance. Anew one to handle
retail sales would be needed.
D. Hose suggested Mr. Hayes talk to ;his neighbors before
a 'public hearing, to get their feelings; ahead of time.
C. Hatfield asked if this would be a home occupation.
Mr. Hayes said that it would be.
B. Keech reminded Mr. Hayes that if he 'applied for a new
variance, someone may oppose.
.Mr. Hayes agreed. His concern
a new variance-or if the present
is a time element involved as the
the early spring.
tonight was whether he needed
one could be ammended. There
fellow wants to sell out in
S. Stewart said the next public hearing will be April 2nd.
I would need the application be March 20th. Of course, the
sooner the better. I'll give you the form now.
Meeting adjourned 8 :35 P.M. A. Keech wrote a Notice of
Decision on the first hearing.
'Linda Woodin
Secretary