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HomeMy WebLinkAbout1988-06-07• • TOWN OF DRYDEN Zoning Board of Appeals Tuesday, June 7, 1988 PRESENT: Dominic Bordonaro, Francis DiTommaso, Ann Everett, Alan LaMotte, John Baker, presiding ALSO PRESENT:. Cheryl L'Anoreaux 1. PUBLIC HEARING - Gary Cicero (Survival War Game Business) A public hearing to consider the application by Gary Cicero of 614 University Avenue, Apartment # 13, Ithaca, New York to operate a survival war game business for a profit at or about 401 Mount Pleasant Road. This variance would dismiss the', requirement of a not - for - profit and be located in an RB -1 Zoning District,. G. Cicero - The proposed bl'usiness was originally acceptable under Article 8, Section 801.7 at the tilme it was conceived. However, under Article 7, Section 751.6 a club would) no longer constitute a not - for - profit oper- ation. When a verbal agreement was reached with the owners of the above property in December 1987,; it violated no zoning ordinances. Due to the zoning change from a RC zone to a RB -1 zone the undersigned can no longer operate under the originallll, intentions. Due to the excessively high equip- ment and insurance costs, it would no longer be feasible for this club to operate as a not- for- profi�'t organization. The operation of this business would only be conducted on weekends between 9 to 74 It would not require any construction, and not ,effect the character of the neighborhood. War games are an adult version of a child's game of war, but without real life consequences. The game has two teams of 20 players each and takes approximately two hours. ,The objective is to capture the other team's flag by surviving the opponents paint pellets fired from a CO -2 gun and returning to home base. Provided will be 20 -40 acres of woody, hilly, rugged terrain for a battle field and equipment; such as CO -2 powered paint pellet firing guns, ilgoggles, flags, paint pellets, arm bands, refreshments, accessories ,'II etc. for a set fee. Additional services include supervision, referees, insurance, rules and organization. Insurance forces us to limit the war -games to people over 18 years of age. It was originally planned''as a club, but with the high costs involved, it is no longer feasible. Opening it up to the public would cost $15 per person per game, with a cli,ub members it would cost several hundred dollars each to participate. We are hoping to organize two games each weekend. Parking is being negotiated with Mr. Frost, the landowner, as well as storage of the equipment. Refreshments will be provided informally through a truck. About five or six weeks ago I invested approximately $1000 in paint pellet guns (15 @ $710 each). It takes about 12 pellets for each game. I am a junior at Cornell and will be here for two more years, but when I graduate I will sell it to my friends. All profits would go to the corporation. The boundry;;lines will be marked. There was a vast amount oflopposition • concerns about: formula of paint and Mt. Pleasant road condition, alcohol, nine months per year, ecoliogy, erosion season, safety of x- country skiers and from area residents reflecting shells, effects on wildlife, noise, busing of customers, weekend usage of property from people, hunting children, boundries, fire and I: Page 2 rescue coverage, law enforcement protection, drugs, neighboring bird sanctuary, disrupting current peaceful and enjoy -able lifestyles, effects • on tame horses and human wastes. J. Baker If there are no further questions or comments, we will close the public hearing for Mr.{ Cicero (8:35,, pm), 2. PUBLIC HEARING - William Gaffney and Meryl Young (single family home, 25 road frontage) A public hearing to consider the applic''ation submitted by William Gaffney to erect a single family home at or about 950 Snyder Hill Road, Ithaca, New York with 25' of street frontage. 'This is in violation of Section 702.1 of 'the density and area requirements of the Town of Dryden Zoning Laws, Practical Difficulties and /or unnessary hardships: The road frontage requirement is not available from the owner. The property parcel is approximately 10 acres and meets or exceeds all building code require- ments. William Gaffney - Since our application requesting a variance of the road frontage requirement for property we purchased at 950 Snyder Hill Road in the Town .of Dryden. We wi'ill successfuly meet or exceed all other zoning requirements. An area map was presented to each Board member reflecting the proposed property lines. This request is based on the following: 1) present owners have planted trees for future harvesting on property along •Snyder Hill Road and would be lost to them if they deeded the 125' of required,road frontage. By using only the proposed 25' we can successfully install a driveway and not have to incur liability for the trees. 2) We purchased the parcel of 'over 10 acres with intentions to build our home within 3- 5years, we do ;not plan to divide or subdivide the parcel. Our intended use''lis a much lower control density than is allowed by the regulations. 3) The acreage that would be involved in securing the 125' road frontage would cause us to incur additional expenses of approximately $4 -5,000 more, which would not include the trees (approximately) planted on it. J. Baker - If there are no further questions or comments we will close the public hearing for Mr. Gaffney, (8:55 pm) 3. PUBLI'C HEARING # 3 - Parry Eannetta (divide two lots) A public hearing to consider the application by Larry Eannetta of 21 Baker Hill Road, Ithaca, New York requesting a variance to divide one lot into two separate lots. At one' time the logs were separate with one lot having his home.on it,andllthe other a mobile home on it. To divide these lots would leave both lots short of road frontage and area requirements. An area map was presented 'to the Board reflecting the proposed change. Mrs. Eannetta - Reported that she recently inherited a lot next to their home. One lot is a L-shaped parcel with 60' of road frontage. The other, • has 140' road frontage but'' it does not meet the area requirements. What we would `like to do is to 'divide the properties into two parcels. The first would no longer be L- shaped but retangular 60' x 250'. This property would not meet road frontage or area requirements.' The other parcel would keep the 140', road frontage but have a depth of 250' meeting Page 3 the road ,frontage and area requirements. • J. Baker - If there are no further questions or comments we will close the public hearing for Mr. Eannetta. <9:10 pm? ALL PUBLIC HEARINGS.ARE CLOSED FOR DELIBERATION - REOPENED 9:35 p.m. 4. Re- Opened Public Hearing - Gary Cicero Finding: 1. This is a use variance and questioned subject to the criteria of granting a use variance, it shouldbe noted that the use variance goes with the land. 26 The proposed use of the war -games will change the character of the essential character of the neighborhood will have a significant impact on it. 3. It was brought out in ;,testimony that there wasn't any specific provision for the parking or the ability of the land or the roads to be able to handle the traffic that;was proposed or able to be decerned. 4. This proposed variance'' would place an excessive burden on the health and safety of volunteers of this community as was testified by the Varna Fire Chief. 5. We can understatedly Bind the fact ''that there was much neighborhood opposition to this proposed variance. 6. There, was ecological questions raised regarding the paint pellets and their effect on the flora and fonta and also the traffic through the woods, what effect inl�excess of 3000 people stomping around the woods would have on the hill's and valleys. A. Everett moved that Mr. Gary Cicero of 614 University Avenue, Ithaca, New York be denied a variance to operate a survival game business for profit on' the corner of Baker Hill and ;Mt. Pleasant Road, an RB -1 zone. A. LaMotte seconded. 5 Yes, 0 No. Ca,;ried. DECISION: Variance Denied, 5. Re- Opened Public Hearing - William'Gaffney and Meryl Young Request permission to waive the density and area requirements of Section 702.1 and the existing frontage of having 25' instead of the required 125'. Findings: 14 The property Mr. Gaffney has is a l'l0 acre lot size and that complies with the spirit of low density in the way that the zoning ordinance is written. 2. To not grant this vari °ance would prlove significant economic hardship to Mr,;. Gaffney. It would also prove an economic hardship for Mr. Bradshaw and the fact hat he has some 3000 trees planted on that existing, parcel of land. It would " effect the value of the trees and it would potentially effect the sal, °e - ability of that particular building lot. 3. There „was no voiced or, written neighborhood opposition to the granting of this variance. 0 0 Page 4 A. LaMotte moved the variance be granted based upon the findings. F. DiTommaso seconded. 5 Yes, 0 No. Carried. If DECISION: Variance Granted 6. Re- Opened Public Hearing - Larry Eannetta Findings 10 The lot size that Mr.iEannetta's creating is 140' x 250' which is 35,000 square feet and 'is a legal lot size for sale. 2. Mr. Eannetta plans to ,,live in his existing home on the existing 60' wide 'lot. 3. By altering the back yard, as he has proposed in the provided drawings, the existing septic system would be located and remain on Mr. Eannetta' s property. D. Bordonaro moved that Mr. Eannetta be granted a variance based upon the findings. A. LaMotte seconded. 5 Yes, 0 No. Carried. DECISION: Variance Granted 74 NILUTES OF PREVIOUS MEETINGS F. DiTommaso moved the minutes of the previous meetings be approved. A. LaMotte seconded. Carried. 84 ADJ OURHME]WT F. DiTommaso moved the meeting be adjourned. J. Baker seconded. Carried. Meeting adjourned at 9:50 I,Ipm. Resp ct ully sub itt d, cll Cheryl Recordin€ Secretary