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HomeMy WebLinkAbout1987-02-03• TOWN OF DRYDEN ZONING BOARD OF APPEALS February 3, 1987 Zoning Board of Appeals met February 3, 1987 w /members N. LaMotte, A. Everett, Chr. P. Brellochs, C. Hatfield, & Z.O. H. Slater present. Absent: J. Baker. Also present: B. Hicks, S. Bardreau, G. Suci, R.•& M. Trudeau, K. Adams, J. Pyle Sr., M. Lane, C & W. Schutt. HEARING I Public hearing to consider application of Bernard & Karol Hicks to build three.additional mini storage buildings & to sell furniture in existing main building at 226 Cortland Rd. & is requesting variance to Sec. 801 & 802 of Town of Dryden Zoning Ordinance. B. Hicks. present - Felt strict observance of ordinance would impose practical difficulty /unnecessary hardship. Building additional mini storage buildings & selling furniture would help off set winter months when moving business is slow. Presently using "warehouse # 1 located on Livermore Rd. for furniture sales. That building designed for crate storage ( 3/ 7' crates stacked to ceiling 21' high) Building must be heated for selling furniture but not for storing crated furniture. Wasting considerable sum of money for heat /not being able to utilize entire 21' high space for furniture sales. Hicks presented petition signed by 9 area residents stating they had no objection to moving furniture sales to building on Livermore Cross Rd. • General discussion: Intent same as last time Hicks applied for variance. He would have 2 additional full time employees, possibly 2 more part time. He was aware of sign ordinance & regulations, planned to landscape w /shrubs & grade area for proper drainage & plant grass where needed. Business hours: 9 to 9 Monday through Saturday & 12 or 1 to 5 on Sunday. Hearing closed. HEARING II Public hearing to consider application of HEP Materials to erect free standing sign 12' 7" x 511" for total area of 63.97 sq. ft. at 1321 Dryden Rd. to advertise their business & is requesting variance to Sec. 1502.6 of Town of Dryden Zoning Ordinance. S. Bardreau present - (Mngr. HEP) stated sign had been planned by professional designer from Rochester - w /consideration of traffic & area. Felt nature of proposed sign would be very beneficial to business. Location & size of sign designed to allow observance without hazard. (Board had copy of proposed design but no dimensions) General discussion & questions about sign ordinance - interpretation - Z. 0. 's discussion w/ Town Atty. Ordinance doesn't really define "either/ or" page 9 table (25/ of facade / 2 free standing signs) G. Suci - 1317 Dryden Rd. residential neighbor - Concerned with • unattractiveness of present sign for Jim's Place. Z. 0. stated he'd already contacted them about sign & it would be changed & brought into conformance. Hearing closed. L HEARING III - 2 - • Public hearing to consider application of Rich & Mimi Trudeau to renovate existing barn & converSion of it to (8) apartments at 365 Etna Road & is requesting variance to Sec. 804 of Town of Dryden Zoning Ordinance. R. & M. Trudeau present - Showed aerial photo of area & site plan showing. parking, landscaping etc. Stated barn built before ordinance & consequently situated too close to road. Had professional people look at structure & it was found to be basically sound. G. Wood & P. Nevelli looked at architectural plans. Z. 0. pointed out this was allowed use in R C zone, and reason for application was strictly because of set back requirement. K. Adams - 390 Etna Rd. - opposed to idea of apartments. Felt being so close to road would present safety hazard. Also concerned w /septic system. Hearing closed. HEARING IV Public hearing to consider application of James Pyle Jr. to build house at 682 Midline Rd. & is requesting variance to Sec. 803 of Town of Dryden Zoning Ordinance. J. Pyle Sr. present to represent son. Stated other land available too wet & swampy for building & previous variance had been granted so trailer • could be moved in w/ plans to someday build a house there. Z. 0. verified fact of previous variance being granted in July 1985. Hearing closed. Mike Lane (Atty), Wayne & Craig Schutt present seeking advice from Board as to whether or not variance necessary. General discussion: Schutts sold house parcel in 1984 to Schickel w /right of first refusal on all land, but barn parcel was retained by Schutt w/ direct option for Schickel to purchase. Option to be exercised when Schutts ceased raising calves in barn. Schutt recd offer to purchase all land excluding barn parcel - Schickel exercised their right of first refusal. Schickel raised question as to whether by retaining barn, are Schutts in violation of zoning ordinance & need use variance to continue doing what they have been doing. (raising calves in barn) Difficulty is that Schutts were unable to sell land to anyone other than Schickel because of option. Lengthy discussion. Board stated their need to consult w /Town Atty before advice could be given. BOARD MOVED INTO EXECUTIVE SESSION 9:20 PM G HEARING III DECISION: - 3 - (Trudeau) Reopened 9:45 PM C. Hatfield motion to rg ant variance as proposed. Seconded by N. LaMotte. No discussion. VOTE ALL YES BOARD MOVED BACK INTO EXECUTIVE SESSION HEARINGS REOPENED 11:15 PM DECISIONS: HEARING I (Hicks) variance GRANTED 9:50 PM C. Hatfield motion to grant variance w/ following stipulations: l.When large trucks aren't in use, they must be parked at original ware- 1 house on Livermore Road. (Everett) GRANTED w /stipulations. 2.When buildings completed, land should be graded, seeded, & landscaped w /trees & shrubs surrounding building & area between building & Rte. 13 must be properly mowed & maintained. 3.. Parking space must comply w /building code requirements of Dryden Town Ordinance. 4.Signs & advertising must comply w /sign ordinance. 5.Must comply w /all set back regulations in ordinance. 6.Access only from Livermore Cross Road. 7.Graveled areas must be kept weed free. Seconded by N. LaMotte. No Discussion. VOTE 3 YES (LaMotte, Hatfield, Brellochs) variance 1 NO (Everett) GRANTED w /stipulations. HEARING II (HEP) N. LaMotte motion to grant variance w/ stipulation: 1. All other aspects of ordinance must be met. Seconded by C. Hatfield. No discussion. VOTE 3 YES (LaMotte, Hatfield, Brellochs) variance 1 NO (Everett) GRANTED w /stipulation. HEARING IV (Pyle) A. Everett motion to grant variance as proposed. Seconded by N. LaMotte. No discussion. VOTE ALL YES Meeting adjourned 11:30 PM variance GRANTED Complete tape of this meeting on file in Town Hall vault. Secretary, �.