HomeMy WebLinkAbout1990-03-06TOWN OF DRYDEN
ZONING 130ARD of APPEALS
MARCH 6, 1990
0 MEMBERS PRESENT: .Jack Baker, Dominic Bordonaro, Francis
DiTornmaso, Ann Everett, and Alan LaMotte.
The Zone Board of Appeals Meeting on March 6, 1990 . was call to
order by Chairman Jack Baker.
Two cases were heard and are as follows:
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Apt
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ANTI:
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S KATZIROUMBAS of 24 Lake St., Dryden, New York
ng a variance to section '7S.1., of the Dryden Town
nance to erect three (3) six (6) Unit, Town House
about 451 Main Street Ext., Frecvill,e, New
site is at the :intersection of Kirk Road and Rt.
366, Main Street is xtension. This site is within an R.R.
Zoning District which does not permit Mult:i..f.'ami.l.y
Structures.
He states
apartment
Agent
factors
I've
at
been
the
corner
denied
a,
of
permission
Kirk
is
Road
to
and
build
Rt.
a
366.
Multi-Family
It's
in violation
of section
of
110.000,
into
701 of
an
allowed
mortgage
But the
of
use
$8,91.00
in
an R13
zone.
the
rent
Under pract
fol..1ows
of
co
75
go
In o
u
J.cal
ter r,
sts,
X000.
tie rat
rtga.g
able
d
a
ti
1
e
e
G
i.ffi_c
lking
e wou
0 dol
betty
paym
o pay
ulti.es
with 1.
Id be b
Lars pl
een 6$0
ent wou
:i_nsura
and u
o c a. 1.
u:i1.di
US t11
.00 it
ld be
nce a.
nt1eC
re:l.a
n a .`.1
e co
nd 7
$63
nd p
e,
t
s
0
r
s s a
ors
one
t o
0.0
.00
0 p e
r
a
f
f
0
d
rt
b
.I,
d
0
`r
har
0 11 t
Mil
and
oll
1.1. a,
t, a
d
y
a
r
x
s
s
r
r
s
e
hips
ellin
home
etltal
s it m
_T.
s
a
Cr
a,
0
W
r
r,
:i.
n
0
e as
and renti.rtg
the cost, of
ncorne would
th. Our
ul.d be
Costs
Agent
factors
Mr,
in
a,
duplex
stated
is
similar.
sell them,
you
don't
Costs
that
of
110.000,
into
the
mortgage
But the
of
the house
$8,91.00
be
over
isput
$100,000.00
the
rent
in
each
area
would
doesn't
be
$1.000.00.
of that
cost,
Add
Our
proposal
would
be
to
build
over
three
the
cost
years,
the
three
land
six
and
unit
we
Town
House
Apartments.
Would
after
only
ten
years
generate
a
return
on
my
investment.
In response to Mr. DiTom
investments, Mr. Ka.tziroumb
property approximately two y
show a profit from his inve
vea.rs.
QUESTIONS
maso questions of ownership and
as responded that he had acquired the
ears ago. He would like to be able to
stment of Land and. buildings after ten
Ann Everett ;i.nqui.red how do investors who build on lots make
money
Agent
for
Mr,
Katz_iroumbas
stated
Usually
sell them,
you
don't
that
much
into
the
house.
But the
cost of
the house
would
be
over
isput
$100,000.00
and
that
area
doesn't
warrant
a house
of that
cost,
Add
the
cost
of
the
land
and
we
121
couldn't
A.
Everett
home.
sell, it for that.
The
land
has been on the market for a.
year.
to built a. one
for• it three bed room home
with
a.
well
and septic
on
® Inquiry into the property on the f reevi_l.l.e side of this site
revealed a home with two four— bedroom apartments and a mobile home.
Locations of other structures on nearby lots were discussed.
.family
A.
Everett
home.
questioned
It was
explained
the cost
the
of
cost
$75,000.00
was
to built a. one
for• it three bed room home
with
a.
well
and septic
on
the land
brings
the
cost well. above the
$75,000.
the
as that was the
land
$30,000.00
feasibility
ft
building
the statement
is
a.
was
four
discussed.
was
be
proper,
acre
made
was not here,
to
get
lot
that
11,
and
cost
the
the
as that was the
land
$30,000.00
feasibility
had
been
for
of
for the
purchased
subdividing
land
-in
with
alone,
and
the
and
requested
apartments
in
mind.
However
they
didn't
feel
they
could
proof
any
of
this.
It
was
not
an
alloyed
use
at
the
time
of
purchase.
who
such
has
when
the
he
ilr.
adjacent
purchases
Ka'tziroumbas
property,
the
indicated
land
which
from
houses
him.
he
had
apartments,
tr1,1.lccd
with
of
Mr.
building
Goldfarb
Mr. D7_Tommaso
questioned
if it
would
be
proper,
as Mr. Goldfarb
was not here,
to
get
documentat:i_on
indicating
such
as that was the
only significant
thing
he had
going
for
him
-in
his
favor.
Mr. Slater stated the month of play 1988 was when the multifamily
units disappeared from the R.B. allow use zonin.
AThe property was pur•cha.sed prior to that date.
Robert Prote.r stated there's an older farm house there, and he
has documentation that they also went through this process, and
question whether that was the case pr:i.or to may '1988.
Clint Cotteri.
multiple dwelling
than two acres of
Town Board heard
11, s t
s, wh
prop
that
ated
erc
erty
wh,'i
what he in
they were a
they requi.
ch was Jiff
y
l_
T
e
be referring to
lowed, that if t
ed a special per
rent than a vari
is that
here was more
mi.t and the
ance.
Tack Baker questioned that if this was it conforming use at one
time and the acreage is such that it could work why is this here and
not before the Town Board?
Mr. Cotteri.11. stated that when the rezoning was done two years
a.go multiple, dwel.l.:i.ngs w a.s one of the things that was removed from
the R.B., R.B.1 Zone and is no longer an allowed use. That a
hearing before this board was all that was required.
The question
the property to
®could
QUESTION'S FROM THE FLOOR
was asked about water, and/or sewer feasibility on
sustain such building. Mr. Baker replied that they
conceivably get a. vc-tr
Health Department reg
® It was stated the
property and while th
obtained it permit bef
3
:lance and still be denied to build because of
ulations.
engineer from the Health Dept. ha.d been on the
ere seems to be no problem there, they had not
ore obtaining a. va.ri;tnce.
A clarification was made that he was requesting to build three
(3) six (6) unit apartments on the property and the change was made
on the application.
The question was asked if the property owner only need show
financial needs in order to gain a variance or are there other
considerations such as impact on the community.
Mr.
Baker
stated
you need reasonable return and how it affects
tasked
the character
of
the
neighborhood.
The concern on the res:i.denti.a.l neighborhood was questioned,
granting there was an apartment on the other side oaf.' this property,
the residential section this side of the Etna distract should be
considered. The question if t. was needed was raised.
Mr. Katziroumbas indicated _lie would build one maybe stop at two
but was requesting a variance for three to present his future
intention if they were warranted. The statement was made if' one was
built and the return wa.s not there ti•;hy build two more. If we build
O18 units over three years, we're going to start seeing a return on
our investment in ten years. I; .f we only build one, you start, seeing
a return in .fourteen and it half years and if we build two we start
seeing a return in twelve and a half years.
Mr. Slater stated that the board would need to talk with the Town
Attorney to find out :i.f the ZBA would grant a three year variance.
It is my understanding that a use variance expires if not used after
one year.
That wits also 4'11r. Bakers understanding too.
Mr. Slater: It's p
permit, but a construe
period of one year, a
make then the permit i
with the date of orig:i,
that first 360 days th
the variance. There's
instance for it set bac
ossibl,
tion p
substa
s val'i
nal -is
at bet;
no qu
k or s
e i
erm
nti
d f
sue
ome
e s t
ome
f were talking about a. construction
it must also be utilized within a
al, start has to be made. If' that is
or a period of three years, starting
If no substa.ntia.h start is make
s void. I'm not sure how that effects
ion that a road .frontage variance for
thing of that nature remains with the
Alr,,n
LaMotte
tasked
Henry
what
the
terminally
was
that
protects
the
variance
where
they
make
a.
substantial
investment,
into
it.
Predicating
this
on
IF
for
the
sake
of
discussion,
a
variance
for
this
project
and
if
they
build
one
unit.
What
about
the
sizeable
investment
into
that
project?
Mr. Slater: It's p
permit, but a construe
period of one year, a
make then the permit i
with the date of orig:i,
that first 360 days th
the variance. There's
instance for it set bac
ossibl,
tion p
substa
s val'i
nal -is
at bet;
no qu
k or s
e i
erm
nti
d f
sue
ome
e s t
ome
f were talking about a. construction
it must also be utilized within a
al, start has to be made. If' that is
or a period of three years, starting
If no substa.ntia.h start is make
s void. I'm not sure how that effects
ion that a road .frontage variance for
thing of that nature remains with the
n
U
ti.t
c, h a
per
the
le of the proper
nge over a perio
mite I don't kn
re relative to i
ty and is fo
d of time, P
OW) but I th
f you have t
{4)
rever. A use var
aybe a substant,i.
ink the attorney
he power to gran
iance, you know things
a_l. start does keep the
can make a comment
t such a variance.
Mr. LaMotte asked the property owner of the apartments next to
the one in question if he owned or had. any interest, in any other
apartments,, or property in the area.
He stated he owned only the one.
Mr. LaMotte asked :i_.f.' there was any family action for the refit of
this available acreage?
He stated none at all. They own those apartments and that's it
PUBLIC HEARING CLOSED.
The meeting was reconvened by Chairman Ja.ck Baker:
( 2)
The
consider
Road
When
Ann
Everett
of
York
asked how may acres
he owned with
his apartment,
he
replied
D.
3.1
of
Mobile
or
hearing
593
so.
Etna
Horne
single
PUBLIC HEARING CLOSED.
The meeting was reconvened by Chairman Ja.ck Baker:
( 2)
The
consider
Road
Zoning
Ithaca,
Board
the application
New
of
York
Appeals
of
to place
conducted
Ronald
a. Single
D.
it public
Nedrow
-wide
of
Mobile
hearing
593
Etna
Horne
single
to
at
50.2
Etna
trailer
violation
Zoning
hardships
Road,
Ithaca,
New York
of
are
my
and
f
as
is
requesting
dwelling
and
1002.2
d :i..ffi
a
variance
of
to section 701 and 1002.2 of the Dryden Town Zoning
Ordinance.
Mr. Baker read the request as follows:
Hav:.ng
been
denied
permission
to
:i.nstal.l
a
single
wide
trailer
violation
Zoning
hardships
for
Ordinance.
of
are
my
section
f
as
aml.y
follows:
i.
701
Practical
dwelling
and
1002.2
d :i..ffi
at
593
cul.ties
of
Etna
the
and
Road,
Town
/or
which
of
unnecessary
Dryden
is in
1.9 Due to the severe angles of the lot, see the attached
surveyors map, a small Double- wide or house would not fit on
the l,ot.
2e 144 lot was an existing trailer Tot da.t:ing back to 19620
,3. Due to the first zoninc variance decision to decline, Pty
family and I were financia.l.ly forced into living in
grandma's house for the duration of the winter. A trailer
(s)
would give us back our privacy and dignity of again being
self sufficient home owners.
® 4* A tra.:i.lcr would not detract from other va.l.ues :i.n the
neighborhood.
i• A trailer, two car garage and barns would not only be a.
higher taxable value, but also a. much greater resale value
at a later date.
On the back:
].. l; feel. that since our lot; was never surveyed until. December
of ' S9, the garage was positioned in the center of the lot
in the '70's. Everybody thought the lots ran perpendicular
to the road, instead of parallel as they do. T feel. this is
a unique situation we must deal. with.
2. There's a. l.J.ttle note that says see section 1700 continuance
paragraph.
;. Due to the placement of the well and septic system, other
than a single wade trailer, no other form of housing would
fit upon this lot.
QUESTIONS
® T see you or someone brought in an a.dd:i_tional map.
Mr
was co
hadn't
the wo
trees.
Whitt I
that i
feet o
the ga.
showed
. kX
rre
be
ods
t
t S
ut.
rag
I.l IN
edro
ct S
en s
and
F ;i. n a
ough
tart
B
e, a
th:i.
W s t a. t
o he h
urveye
find
ll.y go
t. W 1
e d r• :i. g
s;i.ca11.
nd the
s it w
ed h
ad t
d s :i_
t w i. s
t it
en I
ht h
y wh
n we
as q
e had just gotten it back, he didn't thank it
he man come back and do it main. The road
nce Civi=l. War days, we had to go ti,•ay back into
ted wire fencing and stuff grown J.nto the
surveyed and looks .Like a whole new lot then
purchased the lot I was under the assumption
ere near this big degree a.nd. went .a. hundred
at I thought was the lot went parallel with
would have lots of room. When the surveyor
cite a shock.
Discussion followed on the locat.i.on of the septic, wh:i.ch would
have to be upgraded and the existing Well. mr. Nedrow st;a.ted at one
time they had thought of converting the ga.rage, which is 24 by 24
into living space. He stated if they did ninety percent of the work
themselves it would cost between 15) and 20 thousand. I we buJ.It it
house it doesn't, leave us any space to put a two car garage at a
latter date.
Guesting the :Lot size Mr. Nedrow sa.i.d that originally when they
bought the first parcel form his wife's father they planned on
putting in a. trailer, When they checked into the codes they realized
is they needed more road frontirtge so they purchased the garage and
l road frontage from her grandmother to give them the
allowable code .
(6)
Mrs. Nedrow stated when they bought the original. lot they told
them 'the uti,l. :'tty poles were on her fathers lot. They found out that
they were on Cornell land and Mr. Nedrow said he put $300.00 into a.
conversion ditch down through Cornell -last summer to dry up the lot.
indicated
wheelers
Bordonaro
This
factor
'the
loads
inquired
water
of
changes
fill
table
the
brought
pitch
was
very
in
of
and
high
where
brought
in
he
that
has
it
area
to
up
work
and
about
with.
had 186
three
He
ton
feet.
some
After
diversion
money
the
work
septic
ditch
to
system
sloop
is
in
off whatever
he
indicated
else
he
he
was
needs.
going
to run
some
Tn answer to the question of what the water table would do to the
septic system. Mr. Nedrow indicated he was all right due to the fact
he had. brought in the fill.. It gets wet going into the Cornell
lands.
A
of th
he fo
road.
:i. n , a.
porch
reaso
value
thous
house
nn
e
un
of
1
aS
n a.
0
a. n
a
t
d
e
9
e
b
f
d
n
Ever
rail
i. t
sta
8 2 vo
thr
le.
bet
to
d th
e
e
w
t
i.
O
W
w
e
tt ask
r woul
ould b
ed he
th a s
ugh a
if' t h a
een to
ork wi
y need
ed how
d be.
c a.ppr
dial ha
h:ingle
friend
t was
n and
th, wh
to st
m a.
Mr
oxi
ve
d r
of
riot
fi_f
ich
av
ny feet back from the road the location
. Nedrow stated depending on what trailer
mately 100 feet from the center of the
a trailer in mind that he was interested
oof, she had put house siding on it, a
the family that could be bought
purchased he was looking at the market
teen thousand. They have about twenty
would go for the septic, electric, and
r:i.thin their means.
TheY had look at double -wides for eighteen nineteen thousand but
9 there i.s no insulation or cuboards, by the time you start tacking on
insulation packages and the extras, the cost amounts to 3$ or 40
thousand dollars.
The lot does comply with the zoning laws.
wanted s
from now
he could
he will.
N
Om
h
s
h a.
d
e
e
e
.v
row stated
thing he c
wanted se
11 or, go s
e some mon
b
O 1.r
v
0
e
as
Id
n
e
t
:i.ca'lly
stay
Vr fiive
lace.
0 If0rk
he needed someplace to live aga:i.n and
% ..i.thin his budget. lsi_ve or ten years
per cent of the mortage paid off so
If he says with a $20,000.00 budget
with when he gets ready to go.
Mr.
Bordonaro
stated
he
inquired
if the
intent
was to live there as a.
temporary
somebody
else?
measure
he
until
he
could
bu:i.l_d
enough equity in it to sell to
Ae No I need someplace to live in the next ten years. I have no
place of our own to :Live.
Mr.
Bordona.ro
stated
he
misunderstood
hi.s previous statement. He
thought.
he had
indicated
he
would
like
to move out in the next three
to .five
years
and have
some
money
to
work
with.
A. Well someday I'd like to move south, I'm not in a position to
transfer jobs and wheat not to go. I have every last nickel that
None
iJ
I've made, I've spent on this lot in the last yeast and a half. I
put over $2,000.00 worth of dozer work in there. 186 ten wheeler•
loads of .f.ill, the well, the survey.i.ng 1 didn't plan on. I had
to update the abstract, :I haven't gotten the bill fr•on the
lawyer, but that looks like it is going to be best part of
another thousand. I have twelve to thirteen thousand dollars
tied u;� in ground and no place to call home yet.
Qt E.STIONS FROM THE FLOOR
HEARING CLOSED
The rejecting was reopened and decisions announced.
Meeting adjourned.
Respectfully submitted,
Je Ry�i.n
Rec. Sec. for Z.H.A.
0
NOTICE OF DECISION
Tuesday, March 6, 1990
A public hearing to consider the
requesting a variance to place a
Ithaca., New York within an R.B. -i
Double -wide Mobile Homes, and is
1002.2 of the Dryden Town Zoning
appl
Sing
Zon
requ
0 .r d i.
;i.
.l_
i
c
n
c
e
n
s
a
a. ti
-wi
g D
0. n
ncc
on of
de Me
istri,
g a v
R
bi
ct
it
ona.l
le H
whi
ianc
d D. Nedrow
ome at 593 Etna Road,
ch only permits
e to sections 701. and
A public hearing was duly conducted by the Town of Dryden Board of Zoning
Appeals on Tuesday, March 6, 1990 with members present: Francis Di.Tommaso,
Dominic Bordonaro, Ann Everett, Alan LaMotte and Chairman Jack Baker,
presiding.
The Board carefully considered all findings presented at the public
hearing and known to its members.
FINDINGS:
1. The applicant showed by surveying problems, garage placement and wet
.Lands demonstrated the uniqueness of this .Land.
2. The applicant stated and the Board has reason to believe that a. double
wide Mobile Home wouldn't fit on this property.
3. The applicant proved that the request doesn't change the character of
the neighborhood.
4. There was no neighborhood opposition.
Alan LaMotte moved due to the findings listed a variance be granted. Ann
Everett seconded the motion. All members voted YES
DECISION:
® jr
Variance Granted
Respectfully submitted,
Jack Baker, Chairman
the a
erect
Ext.,
and li
Distr
is re
Ordin
ppl:i, cation of
three (3), si
Freevi.11e, Ne
to 366, !chin S
ict which does
questing a var
ancc.
NOTICE, OF DECISION
Tuesday, March 6, 1990
K0nstant:i.o
x (6) Unit
w York. T
t'reet Exte
not permi
i,ance to s
ns
To
he
11si
t
ect
Kat
w
sit
on.
uIt
ion
z
N
e
:i
irc
01.1 s
1, S
Th
-Fa
751
umbas requesting a variance to
e Apts. at or about 451 Main Street
at the intersection of Kirk Road
is site is within an R. 13. Zoning
roily Structures. Mr. Konstanti.ons
of the Dryden Town Zoning
A public hearing was duly conducted by the Town of Dryden Board of Zon:i_ng
Appeals on Tuesday, March 6, 1990 with members present: Francis DiTommaso,
Dominic Bordona.ro, Ann Everett, Alan LaMotte and Chairman Jack Baker,
presiding. With much deliberation the following cone.-LUSi_ons resulted.
FINDINGS:
1. That the applicant failed to prove uniqueness.
2. That the land could not yield a. reasonable return from an all owed
use within the Zone.
Ann Everett moved that Mr. Katziroumbas be
requested. Seconded by Dominic Bordonaro
DECISION: Variance denied.
it
DECISION: VARIANCE DENIED
d
denied his variance as
VOTE Yes (3); No (2)
Respectfull y ubmi_tte-.d,
(Jack Baker, Chairman