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HomeMy WebLinkAbout1987-08-03vr�% • • L TOWN OE�_'DRYDEN ZONING BOARD OF APPEALS Zoning Board of Appeals met August 3, 1987 w /members C. N. LaMotte, A. Everett, & Z.O. H. Slater present. Absent: & J. Baker. Also present: J. Allington, D. VanOstrand, W. G. Rotunda, J. Hogan, K. Garlock, & C. Cotterill. HEARING I August 3, 1987 Hatfield, Chr. P. Brellochs, &. M. Cuthbert, Public hearing to consider application of Mr. Joseph Allington to establish Auto Repair Business at his residence at 333 Ferguson Rd in Town of Dryden & is requesting variance to section 701 of Town of Dryden Zoning Ordinance. J. Allington present - Explained he is currently leasing building in Ithaca, but lease will be up in December & owner has building for sale. Has upped price & is not selling building to Allington as previously thought. Now Allington must move business. Does dealer work for Zikakis, Wood Motors, & Cubing Motors - mostly newer car repair - NO body work, only mechanical work„ Has 1.85 acre lot, room for up to 8 cars at a time. General discussion - Joint ownership of property between Cook & Allington, tractor trailer on that property, r -o -w - possible locations of proposed garage - barn on site used for storage (no elec. or plumb.) - Addition to be 1prox. 30 x 36 (need 8' office area) - Plans to work 5 days per week, hours 8:00 to 5:00, NO Sat. or Sun. unless emergency. Hopes to build house & remove present trailer - Board questioned signs - Would be three on side or front of garage (Name, inspector license, & repair shop registration) G. Rotunda - Spoke against granting variance - Concerned w /setting precedent, having businesses overtake residential area, & lowering property values. Hearing closed. HEARING II Public hearing to consider application of Darla VanOstrand, PO Box 37, Brooktondale, N.Y. to erect single family structure at 265 Ringwood Rd in Town of Dryden & is requesting variance to section 801.3 of Town. of Dryden Zoning Ordinance. D. VanOstrand and her father present - Father had drawn specifications & explained sketch & layout - Would be extending his gravel driveway to proposed home - Described land, slopes, landscaping etc. J. Hogan - 275 Ringwood Rd. - Inquired about frontage requirements & setting precedent by allowing additional settings with two or more homes on one drive- way.. Z.O. stated three or more homes would require subdivision. C. Cotterill stated Town couldn't dictate to anyone, but Town policy had • been to request builder or developer put in public road anytime there is more than one home that doesn't have legal road frontage. (This prevents problems w /maintenance, emergency service access etc.) • 0 • - '2 - Z.O. stated he'd received request from Mr. Cornelius, adjoining property owner. He had no objections to variance request but would appreciate stipulation if variance granted stating their well be located at least 100' from his property line - Reason being he has septic systems for rental units located near property line & w /Health Dept. regulation that no septic systems be within 100' of well, his systems could be in jeopardy.. Hearing closed. HEARING III Public hearing to consider application of William A. & Monica C. Cuthbert to erect pole barn /garage at their residence, 463 West Dryden Rd in Town of Dryden & is requesting variance to section 804.1 of Town of Dryden Zoning Ordinance. W. & M. Cuthbert present - described property, location of their trailer, trees, fill, & roads. Stated they hadn't realized frontage was considered on both West Dryden & Wood Rds. General discussion - 3 car garage, sided w /texture 111 - not visible from both roads their driveway is off Wood Rd.not West Dryden Rd - Is another possibility for garage, but that location would require excavation & tree removal *P rox. 500' frontage on West Dryden Rd & 900' on Wood Rd & is all heavy brush. A. Everett had been to site - Felt hardship was man made & fill should have been placed more carefully when put in. Cuthbert admitted that was so, but at time fill was brought in, they didn't realize frontage requirements were on both roads, not just one house faced. Hearing closed. N. LaMotte - Stated he would offer unusual motion - Since acting Chr. was aware members of ZBA were served w /legal action during past week -end, brought about by members of Town Board, & prior to serving of papers ZBA members were not aware of action due to relatively short time span between serving of paper & tonights' meeting, Board had not had opportunity to meet collectively to determine course of action or even more importantly to confer w /counsel. Board is aware this action seeks not only to overturn recent ZBA decision, but charges violation of certain public law. To avoid jeopardizing interest of applicants tonight by .rendering decision which could conceivably be challenged by Town Board at some later date in another legal action - to avoid prejudicing interests of ZBA in present action being brought against them. Made motion meeting be adjourned until next regular meeting, Sept. 1, at which time hopefully atty, will be with us or we will have benefit of conference w /counsel & perhaps legal procedings will even be over. At that date will resume discussion & vote on issues of these variances. Seconded by A. Everett. VOTE ALL YES MOTION CARRIED Acting Chr. Hatfield stated that unfortunately people requesting variance tonight, under circumstances, would not know decisions until Sept. 1st., & apologized for action but stated this had to be resolved & it would take time. - 3 - 0 Z. 0. stated Board legally had maximum of 60 days to render decision. N. LaMotte stated applicants were welcome to attend next meeting but that it wasn't necessary or required to do so. Board had evidence they'd presented tonight & it would be on record. N. LaMotte made motion to adjourn meeting. Seconded by A. Everett. MEETING ADJOURNED 8:35 PM. • 46 Secretary, L'