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HomeMy WebLinkAbout1986-06-05TOWN OF DRYDEN JUNE 5, 1986 ,r ZONING BOARD OF APPEALS • Zoning Board of Appeals met June 5, 1986 with members N. LaMotte, C. Hatfield, Chr. P. Brellochs, J. Baker, & Z.O. S. Stewart present. Absent: D. Rose. Also present; M. Tanner, C. Eaton, M. Krebs, J. McGuire, E. Spaulding, J. Russell, K. Brotherton, T. Brotherton, & J. Russell. HEARING I Public hearing to consider application of Mark Tanner (J &J Cookies) to build structure at 759 Fall.Creek Rd to be used for baking cookies & is requesting variance to Sec. 801 & 802 of Town Zoning Ordinance. M. Tanner present - presently renting space in Ithaca (has for about 4 months) Will deliver cookies himself, no advertising, good residential driveway - Building to be used for baking cookies only (Mon -Fri 6:OOAM - 1:00PM) Tractor trailer delivery of baking supplies once each week. HEARING II Public hearing to consider application of Pauls' Food Mart for a sign larger than permitted by Town Sign Ordinance at his new store at 12 Freeville Rd & is requesting variance to Sec. 1502 - 6 of Town Zoning Ordinance. C. Eaton (District Supervisor) present - No site plan - knew Paul wanted to construct 70 sq ft sign (more visible to Rte 13) Not certain of exact location of sign or if sign to be free standing or• attached to building. • Sign would be lighted. Board questioned development of future shopping center & status of signs in future ( Grandfather clause) More details necessary - will continue hearing next month. HEARING III Public hearing to consider application of Mercy Krebs to place a mobile home on her lot off Bone Plain Road (361 Bone Plain Rd) and is requesting a variance to Sec. 803 of Town Zoning Ordinance which requires that a lot have at least 125' frontage on public road. M. Krebs present - presented pictures of land with driveway thus far (not completed) - Had right -of -way indenture from Audrey McGuire (J. McGuire helped with presentation of photos) Joe, Jim, & Mary Russell, E. Spaulding, T. & K. Brotherton also present. Lengthy general discussion - location of driveway - concern about Krebs using Short Rd. access rather than own driveway off Bone Plain Rd, Stated there were too many people using Short Rd now, & road was in very poor condition. Questioned legal responsibility for maintenance & high lawyer fees to confirm ownership of Short Rd. Also discussed time frame for completion of driveway from Bone Plain Rd. to Krebs property. HEARING IV • Public hearing to consider application of Jeffery McGuire to place second mobile home on his property off Bone Plain Rd. (461 Bone Plain Rd) & is requesting variance to Sec 803 which requires lot have at least. 125ft frontage on public road. f • • • -2- J. McGuire present - Stated 3.8 acres was a lot to handle & he needed a second mobile home for "land- use - help" (driveway maintenance) McGuire would own both mobile homes & land, and would pay the taxes. General discussion - access'.to property - is now using Short Rd. - Variance had been granted Dec 3, 1985 for first mobile home - driveway to come from Bone Plain Rd. by right -of -way across A. McGuire property - Driveway still not completed. However, no completion date had been .:tet at that time. Discussed poor condition of Short Rd again & maintenance, and NYSEG services (transformers, lines, & adequacy etc.) Residents of Short Rd. suggested Board members drive to Short Rd. and check situation out. Board stated that McGuire had provided them with indentures providing access to his property across A. McGuires property. Questioned if driveway plans had changed from original variance. McGuire stated they hadn't, but he would need help finishing driveway & then maintaining it. That was his reason for request for second mobile home. C. Hatfield motion to move into Executive Session. Seconded by N. LaMotte, VOTE ALL YES Board moved into Ex. Sess. Public hearings reopened. DECISIONS HEARING I (M. Tanner) J. Baker motion to grant variance w /stipulations. 1. Width and length of driveway be adequate to allow on site delivery & pick up of cookie business materials. 2. Limit variance to applicant - cannot be transfered by lease or sale or property. Seconded by N. LaMotte. No discussion. VOTE ALL YES Variance GRANTED (.w /stipulations) HEARING II (Paul's Food Mart) C. Hatfield motion to postpone until next month (due to lack of information). Seconded by J. Baker. No discussion. VOTE ALL YES Hearing postponed till July HEARING III (M. Krebs) C. Hatfield motion to approve variance w /stipulations. 1. Driveway must be at least 15' wide. 2. Driveway to property must be completed prior to issuance of building permit ( for placement of trailer) 3. Driveway easement must be maintained even if property is sold or transfered, or until such time as Short Rd. may become a public road. 4. Granting of variance contingent upon receipt of copy of court documentation of fact that easement has been recorded. Seconded by J. Baker. Discussion: Easement referred to is that which has already been granted by A. McGuire (have copy for Town Attorney). Board felt easement maintenance reasonable under circumstances. (Lack of 125' road frontage & property being part of larger tract of land within larger family "McGuire, KrebS, & McGuire ". Board is concerned that driveway be provided to property boundary prior to placement of trailer. VOTE ALL YES Variance GRANTED (w /stipulations) -3- • HEARING IV (McGuire) N. LaMotte motion to deny variance considering lack of frontage on that lot. Board had already granted variance in Dec. 1985 on that lot for a single unit, taking into consideration that it was a family, unit right -of -way across McGuire & Krebs property. Considering the second trailer would not be for a family member, and considering factors of health & safety of residents we (Board) felt applicant failed to prove hardship to suffiently warrant a variance. Seconded by C. Hatfield. Discussion; McGuire questioned if he could break up the lot & sell one acre lot giving access to property on his right -of -way. P. Brellochs stated the Board members were not lawyers & they could not speculate. VOTE ALL YES Variance DENIED N.LaMotte motion to adjourn. Seconded by C. Hatfield. Meeting Adjourned 10:30 PM. Complete tape of this meeting on file in Town Hall vault. Secretary, 0