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, �.