HomeMy WebLinkAbout1990-06-05O
TOWN OF DRYDEN
ZONING BOARD OF APPEALS
,TUNE $, 1.990
MEMBERS
PRESENT:
Dom_i.ni.c
Bordonriro,
Alan :LaMotte,
and Acting
Chairman
Francis
DiTommaso.
PRESENT BUT NOT L:f.MT:'T'ED TO: Applicant, Konstantinos
Katsiroumbas; Agent for a.pp.l.i.ca.nt, Jack Baker; Zoning & Building
Code Enforcement Officer, Henry $la.ter; Property
owners/residence, Marjorie Carrison- Spofford; and Barbara
Skoblick.
The Zoning Board of Appeals meeting on Jule S, 1990 was
called to order by Acting Chairman 1 ra.nc_i_s DiTommaso at 7:35 PM
and the following application was heard.
Ko
er
cc
of
Us
ns
cc
ne
E
es
t
t
r
t
,
an
a.
al
na
0
ti
nd
C
a
f
no
0
on
nd
t 1
s K a.
per•a.
ven:i.
req
e Dr
tsiroumbas
to a three
ence Store
uest:i.ng a
yden Town
of Box 34, Dryden, New York to
(3) Dwelling Unit Apartment and
at 2 Lana Lane within the Hamlet
variance to section 7.51, Allowed
Zoning Ordinance.
Acting Chairman Francis D_i.Tommaso opened the hearing and
read the application:
Having been denied permission to erect a building containing
a CONVENIENCE store and (,3) two bedroom apartments at #'2,
Etna. Lane, Hamlet, of (Etna, Town of Dryden, New York as shown
on the accompanying application and /or plans or, other
supporting documents, for the stated reason that the
issuance of such permit would be in violation of Section 75,1
of the Dryden Zoning, a non - allowed use. This specific
building is not .lasted as ;i,n allowed use, so therefore it
requires a variance. He respectfully submits this appeal
and has the attached letter (which was read into the
record),
7,
r
EAGLE BU11DING COMPANY
Building Design
General Contracting
Pg. 2)
Dryden B A Variance Request
Re: Mr, Konstp,�n.tinos Kateirournbas
#2 Etna Lane
Etna, N.Y. , Town of Dryden, Tampk i, ns County
5 Knollwood Dr_
Freeville, IVY 13068
(607) 844 -9656
May 16, 1990
Practical difficulties and /car unnecessary hardships are as fc3llows;
The pr%e� existing property located at the above address was
completely destroyed by fire. It was a lame commercial building which
contained a convience store (01ngler's Market), and once housed the
Etna Post Offire, This building also had a three hedracin apartment
upstairs, and a larke unfinished area capable of containing two
additiu -na.l two. bedroom apartments.
The existing zoning does not allow the building, with cor�vience
store and apartments, to be replaced, which is what we would like to
do,
The land in gxuestion, #2 Etna sane, cannot yield a reasonable
return if used only for an allowi�d use, The very features that .made
this a good location for a convience store with apartments, make this
property undesireable and unsaleable for the allowed uses within the
RB,l zone.
There are unique circumstances about this property, due to i#
history and location, which make it undesireable for allowed uses.
1. Tb9a property is located on the outside curve of a busy
intersection (Rt.. 9366 and Etna Lane).
. The large multi- family apartment building located directly
across the street (Rana Lanes,
3. The steep banXs; bridge, Fall Creek, & corner lot constraiato,
4. The location of the community aid sirens on the property.
Granting the varience will not alter the essential character or
quality of the neighborhood, in that all the owner wants to do is
replace what he had before the fire, In fact, the quality, style, acrd.
new location of the propozed building will do a lot to enhance the
property values and saftey of the neighborhood and the intersection,
Based upon-the above facts I amk that the Dryden Board of Zoning
Appeals grant Mr, Katsiroumbas this variance request,
Very truly yours,
ack Baker
Ragle Building Company
(Z11A 615190 Pg• 3)
Mr. Baker stated he had elevation plans available If the
Board or anvone wished to review them.
After The Board rc��iej%cd the p]_ans ant] sketches Mr,.
DiTommaso asked if there were arly commf�rrGs from the floor,
COMMENTS FROM THE FLOOR
NARJCIUC GARRISON -,SPOT ORII representing her stepmother ,SARAH F.
K. SPOFFORD living at 366 Main Street above the 568 Main Street
property (Marjorie Carri.son— Spofford currently lives the,rle)
stated.
I do nbjec:t t() t],0 PUYI posed. var'i_arice on a number of grounds.
As was stated in the letter by Jack Baker he stated the
property was located on the outside curve of 366. That's a
VergyF dangerous curve, and I can not see how erecting a
building r,hat w1l,1,1. be �� three family residence in add:i,C;i,on
to a. store can der allything but exasperate the current
problem of r..ha.t corner ;ft is a slnall lot. at the time
there was only a store there and one a.partment.. There were
ca.rs not onl.v ;i,n the parking lot, but on the -.ilde of 3664
I do not feat r.h:i.l. add
Something In tii1S a.ppl
What they lost, well w
apartment.. Three agar
1-est.
I'm not against the st
adequa.tel.y provide roe
trucks that must bring
but T cannot sec where
apartment complex. Th
would be there as past
the Cars for the store
;i.ng two additiona.l e3.E .rrtrnents, it says
i_0r).tJ,0n that they are trying to erect
hat they lv :sr is a store and one
tments is more then what they had
ore, uri,th a parking lot that will
m for the patronage plur> any kind of
produce and what ever to the store,
there's plenati� of room for the three
a.t ceul.d be at least; six cars t.h4it
of the. ..rpa.rtment coMpl.ex., plus all
its self.
I don' t know if this c omos under the Zoning, I warn' t able
to rnake the hearing when they had appealed once before on
this property. But I know that there is a problem w-ith
sepG;i,C, systoms in that area. '[; myself have problems ti,:i,th
the house. The ura.ter• level table J.s extremely high due to
the creek. There isn't enough room for adequalme drainage.
fie]_d from the one family rres,idence that T live: ],n, I can
not understand how there would }}e adequato drainage fields
form a three apartment complex on that piece of property,
C
(ZBA 6/5,/90 Pg. 4 )
® BARBARA SKOBLICK:
1' really want, to see a store there, and
p.i.zza. T am cur.i_ous to know what your
because I'm concerned about noise after
night. I know you used to close at ten,
to know what, your future plans a.re.
K. KATSIROUNBAS:
I hope you have
planed hours a.r•e,
ten o'clock at
but I'm interested
Didn't
BORDONARO
asked
JACK
have
BAKER
an
dimensions were i.n
answer
as
he
was
relation
uncertain
if
he or Someone
else
that
was previously
would
be
leasing
the
store.
Be SK013LICK: Didn't know who dealt with that issue but stated
being it res:i.denti4n.l. area she was concerned about
the hours of operation a.nd did not want to see a
24hour store.
The
the
it u r
com
n o :i.
g a. t:
r
i
i
s
h
e is
conti
ng t
ng a
e by
erin
qui
en:i_e
he d
nd g
sla
g be
to a bit of' no:i.se
nee of the store
ay . But did not
o:i.ng all hours of
mining car doors,
ing rowdy .
from traffic, but
off set the noise
want to see people
the night, creating
people talking and
Discussion followed on regLrl.ations/ requirements /enforcement for
establ.:i shin cy reasonable hours with the Zoning and Building Code
Enforcement Officer Henry Slater.
Be SKOBLICK also sta.t,
building put there, a
s.i.milar to what was, t
seemed to provide eno
ed
s
he
ug
if there was going to be another
tore, she would like to see something
re, a store with one apartment. It
h income.
MR.
BORDONARO
asked
JACK
BAKER
what the
dimensions were i.n
relation
to
the
structure
that
was previously
there.
,y r . 13 a
of the
sr.ruct
second
half o
buildi
way of
ke
s
ur
f
f
ng
r
T4
t
e
_l
t
0
stat
ruC.tu
o nl y
o o :r w
he se
was p
ute 3
e
r^
a
c
r
6
d
e
h
s
0
e
6
that
that.
a.d or
cony
nd fl.
tty e
. Pa
th
wa
e a
ert
oor
rnpt
r k :i.
e
s
pa
ed
w
y.
ng
structure wou
originally th
rtment upstai
in to an apa
as a big empt
The old bui
was inadequa
1.
e
r
r
y
1.
t
d be about half the size
re. The original
s, but only half' of the
trnent . The whole back
room. The rest of the
ding was i rt the right of
en
Hea.lth Department Regulat• :i.ons were discussed in relation to the
septic system and ti.as rioted this Board dial not reguliate that,
but the applicant had to meet their standards :i.rr obtaining the
perm:i.t 6
Ell
0
�1
LJ
U
In respo
suff;i.cie
return o
Mr. Bake
was sign
were abl
n
n
n
r
i
e
se
t
t
f i.
t
r, o
al.o
he
t €L t
0 an
o b
the i
ng wit
invest
ed tha
tlV le
rake e
s
h
III
t
ti
V
(Z3A 6 -5-90 Pg. 5)
sue bein4 r
the store
ent why w;.s
the origin
s then a re
ell .
a :i.
op
t
al
PI
se
er
hr
P
ac
d
a t.
e
u r
ern
t
i.
c,
e
h
n
a
h
n
g t
par
ase
t c
one
o m
tme
pr
o s t,
a.
n
apartment seemed
ke an adequate
is now needed?
ce of the store
that's why they
The
GARRISON
replacement
real.iv
building J.%, only
hii,lf the size due to building
costs.
did
not want
three
delivery
apartments, or
F. DITOMMASO: If there was Vii, store with one apartment, would
that ,het a return on that land?
J. BAKER: No, this is the minimum of what it has to be.
:Mr. Baker stated that sma.1.1 town stores arenIt big money makers
and therefore you need. tenants in the building in order to make
it work.
Pri,rking and. access to route ;66 and lstna. Lane was d:i.scussed, The
difficulty of obtaining access to route ;66 with the increased
traffic and poor visibility.
M.
GARRISON
-SPO1� FORD
real.iv
that
wanted
the store but
did
not want
three
delivery
apartments, or
access
to 66
from the parking
lot.
goods
parking
to
the store
:issue
was informed
on the
�fy real contention is that the traffic, is go:i.ng to be
- increased dra.maticall.y by having apartments and the store.
Henry Slater
application
regulations.
stated
LaMotte
:inquired
that
reopened
read
about
on
the,
reviewing
delivery
of
the
VARIANCE.
the
goods
parking
to
the store
:issue
was informed
on the
that
would
it
be
appears
small_
they
vehicle
dcl.;i.very
have
complied
with
the
Mr.
LaMotte
:inquired
reopened
read
about
the hearing at
a motion make
the,
.f.:i.ndings
GRANT
delivery
of
the
VARIANCE.
of
goods
to
the store
and
was informed
it
would
be
by
small_
vehicle
dcl.;i.very
approximately ten or eleven o'clock in the morning or at off
hours. Delivery would be make through the front entrance,
HEARING CLOSED
Mr.
the
DiTommaso
Bo.a.rd
were
reopened
read
and
the hearing at
a motion make
8:"" PM. The
and second to
.f.:i.ndings
GRANT
of
the
VARIANCE.
COPY
ATTACHED,
Dominic Bordonaro moved to adjourned the meeting, Second by Alan
LaMotte. No discussion,
MEETING ADJOURNED AT 8:35 PM.
.1 . 11yan,
Recording Secretary
I'
A pu
KATS
thre
Haml
of t
b
I
e
e
h
.1iC
ROU
(3
t o
e T
hea
MBAS
) Dw
f Et
own
C'
e
n
Z
in
F
1.1
a.
on
g
i.
i
to co
0. Box
ng Uni
Mr. K
ng Ord
NOTICE OF DECISION
TUESDAY JUNE, S, 1.990
nsi.der the ap
34, Dryden,
t and Convent
atsiroumbas :i_
inance.
pli.
New
ene
s r
A public
hearing was
duly
conducted
Appeals
Francis
on Tuesday, June
DiTommaso, Dominic
$,
1990 with
Bordonaro
FINDINGS*
cat:i.
Yor
e St
eque
ri
on submitted
k to establi
ore at 2 Etn
sting a var:i
by KONSTA
sh and ope
a Lane wi
ante to se
NTINOS
ra.te a
thin the
ction 75
by the Town of Dryden Board of Zoning
members present: Acting Chairman
and Alan LaMotte.
1.6 Neighborhood comment was two :i_n support of the store and one
against the apartments.
2. The land has unique features, and no allowed use would yield €L
reasonable return. q%
3• The Board doesn't feel there would be significant change in the
neighborhood as a result in granting the variance.
4. The store alone is not economically viable, apartments added to
the store create economic v:i.ability.
Dominic Bordonaro moved that a variance be granted based on the findings
but we add the stipulation that if the store is open be subject to a
closing time of 1.0:00 Phi or no latg.er:
Alan LaMotte second the motion.
Vote Yes (3)
DECISION:
jr
No (1)
VARIANCE GRANTED
Respectfully submitted,
Francis D:iTommaso,
Acting Chairman
Dat e
To
F r rxq
Sub.
May 22nd, 1990
Francis
118 Lake
DiTr,mmaso,
Road
Aft i n Ch r °. r Dryder, Town Z, P. A.
Dryden,
Ne3w York.
Henry
Town
65 E.
of
M.
Main
Slater,
Dryden
Street
Zoning F. Ql.li1dIY,t� bode Fri fanrwc� pmQr,t i:lFf'irQ
Dryden,
New York
13f)5�71
Zoning ar ~iaricPS Agendn, June 1'39+)
Beat~ Fr ;and
l,rn cUFPer'Itly irp ru eipi: of a r ~egp.jPSt
r�eq _test f roar are Ay Brit fi,ir a rr a �,� 1 i '.r
Baker ~. P xng ar, aperPt fl, -.11� I r_1y,Prrt wi
this one appl jnat i,F_ir,, YM� will ricFt be
u FaCmwber� sf thin ZIB&Am for thrI. appl
Chairman Baker~ F7v=ks requeste3d that you
Chairman frJr the review 1 =1f this applx
attached fcir• yot,ir~ r•eviE?w arrid has, asrF
P_4LR h Z. P. A. Member.
Agenda finr% Tuesday Jurpie 5th, 199Ci
flwr varlarpue hearing
t, That t�ruent i s Jar'+
11 require that, fc,r,
all UWed t1:1 set ZmA 5 r-jair
iCat iorl. AEi a r °k?��_l1.t,
serve as Acting
cation Which j. T.
,always, beerr, .Pnt t.-,
Kizir"istariir],1'ns KLitsir4= 11.1.rflbas P. Q. Ri x 4 Dryden, Hcpw Yi=ork x�
request ing a varj,anne to sect.J.Qn '751 of tt7�,j Town Zrzininq
Ur ~dinanr n to esr;,4bl ish and l-lpm.rate a 3 Dwell ing Unit and
Cinrivenienc,P Store at 2 Etypa LAne within thP. Hamlet of Etna.
Thank you,
Henn m. Slater
CC: All Z. P, A. Members
Jack Baker, Chr•.
Seer %F �r y:E
Elizabeth Corrigan, Dryden Town
U
Boarcl
n
Ithaca
Jp_iurna
l
News
123
W.
State
Street
Ithaca
New
York.
14850
Atten: Df.-inna Carr, Legal Ads
PLEASE PUBL I1.7H ru � later t ha.r, WEDNESDAY MAY 300th, 1990 and b i. 1 1 the
Tinwn cof DRYDEN.
PLEASE TAKE NOTICE that the 7._lr
of Dryden w I 1 condUct a p!l
application of Koristant lnos Kat
York tci erect R operate a 3 Dwe
Coriver, i erice Store at 2 Et ne Lane
® req nest i rig a var i. arice to sect i ctri
Town lcmning Ordinance to do so.
SAID HEARING will be held on
prevai 1 irig t ime at the Dryden
New York. at which time all
_opportunity to be heard. Person
Dated: May Rf2rid,1990
Henry M. Slater,
Zoning Officer
T i.nwri f Dryden
\� J
i rig
b 1 i
sir
lli
wit
7511
Woard cif Appeals of the Totam
c hearing to consider the
ourribas of Box 34 Dryden New
rig Unit Apartment and C33enera.l
hin the Hamlet of Etna and is
, Allowed Uses, of the Dryden
TUESDAY JUNE 5TH, 1990 AT 743(.-) P. Mm
Town Hall 65 E. Main Street Dryden
interested persons will be given an
may appear in person :r by agent.
U
E
El I
TOWN OF DRYDEN
FLEW YORK
APPEAL TO
BOARD OF ZONING APPEALS
TOWN OF DRYDE14
Ilaving been denled permissior► to, ElQL Cm A P0 1L_b WG. o,U' ikv4e A
At K
UJlwE
Dryden, N.Y, as
shown on the accompanying Application and /or plans o►' other suppertind docur►ents,
for the stated reason that the issuance of such permit would he in vioiatioij of
Section or Sections) 83
of the Town of Dryden Zoning Ordir►ance
the UNDERSIGNED respectfu•i ly submits this appeal from SUCK 4.I0.11 ial a►►d in sril pot-t.
of. the appeal, affirms that strict observance of the Ordinn"cr._ would impose
PRACTICAL DIFFICULTIES and /or- UNNECESSARY IIARDSII I P as fo I lows :
OL
If you have additional supporting details of Wror-mition, please attach such
detalis to this application an make reference to such attar_hmer►t.
DATED Dryden, N.Y. App irant Signature: /
Cel 70�"1..1v.
Address: BVT Li �'Q ✓N �Y
130S,>
Phone Number
Date ;_r G ' 9U_
l �
EAGLE BUILDING COMPANY
Building Design
General Contracting
Dryden BZA Variance Request
Re: Mr, Konst-antinos Katsir'oulnlaas
#i2 Etna Lane
Etna, V. Y. , 'Town of Dryden, Tompkins County
5 Knollwood Dr.
Frccville, NY 13068
(607) 844 -9656
Rav 1.6. 1990
J
Practical difficulties and/or unnecessary hardships are as follows:
The pr
complete /.
contained
Etna Yost
upgtairs,
add i.t iona
e- existing proper
y destroyed by f i
a convi.ence stor.
Office. This hui
and a. large un.f i
1 two bedroom apa
ty located at the above address was
re. It was a large commercial building which
e (Dingl.er' s Markest) , and once hous+2cl. -the
ldi.ng also had, a three bedroom a.partmen't
nishad area capable of containing two
r tine 1.1t .
The existing zoning
does
not all.ocr
the building,
with r_onvience
-tore and apartments,
to be
replaced.,
which is what
we would like to
do .
The
and location,
property
proposed
is
The land in question, #?
return if used only for an
isthis a good location for a
property i.ln.desireab.le and
RI3-1 zone!.
2 Etna Lane, cannot
allowed use. The v
convi.ence store wi
unsaleable for the
yield a reasonable.
ery features that 1nade
th apar'tmen't=, makeh thj.
allowed uses within the
There
large
steep
are unl.clue
family apartment
(Etna
bridge,
circumstances
in that
fire.
about this
4. The
property,
due to its
history
1.
The
and location,
property
proposed
is
which snake
located on
it undesireabl.e
the outside
do
for allowed
curve of
uses.
a busy
variance
intersection
property
values
(Rt.
#366 and
Etr►a Lane).
the neighborhood
2. The
across
3. The
large
steep
multi-
the street
banks,
family apartment
(Etna
bridge,
Lane).
Fail
in that
fire.
building located directly
Creek, 8S corner l.ot constraint ^.
4. The
location
of
the comrnuni.ty
of
aid sirens on the property.
proposed
grant
building,,
will
do
a lr_►t to
enhance
variance
the
Granting the vari,ence will not alter the essential character rlr-
qual.i,ty
r,- epla1 =e
of the
what he
neighborhood,
had
before
the
in that
fire.
all the owner wants
In fact, the quality,
to
do
style,
1, =:
.�rrd
new location
of
the
proposed
grant
building,,
will
do
a lr_►t to
enhance
variance
the
property
values
and
saftey
of
the neighborhood
and the
intersecti_nn.
Based
upon
the
above
facts
l ask
that
the
Dryden
Board of :zoning
Appeals
grant
Mr.
Katsiroumbas
thl.s
variance
request.
Very truly yours,
* Jack Laker
`1l =ag.le Building Company
Cl
1�
TWOOV
I�
r ^n
�i
h Or
CFOn
L r�
C T.
1r
.i• I rl �j
(;
,I -!
c+
-b
wnT a L,
t ;
r
7�
co
M
I�
c�
In
t'
t
,
fit
I
IN
i
L,
i
�i
i
i�
I�
I�
0#1
I�
L
if
l�
�,i
-
i
i
i�
I�
I�
0#1
I�
L
if
l�
�,i
C,
S
. r
`V
7
0 �R
1
mm
<<
vft
s-
v O
1
�n
r�rtl
n ff
a
fr11
04 1
Lr
�y�Il
II IMi
t =
l�
r
L
C
f
I
t
{
i�
i
I:
,r
a.
a
V
iu
II
11
z
J J
C
Li} u
UJ
III
i
,
i�
II .
I Y
�l
I.
-7.
Ail
Lt
1
1' a
■
Ell
e'l
�G
.^1
d
uJ
J
ul
u
cLj �r
J
Q �
Ul '
0
,
dl
Ij
_,
O.S
s
S
>'
Ld a
c
O 'r
U-
� y
1
1
i7
p
�r
II
I �
rte.
C
7
O '^
I
U
r�
0
A public
KATSIROU
three (3
Hamlet o
of the T
hea
MBAs
) Dw
f Et
own
r
2
e
n
Z
i.ng
P.
oni
to co
0. Box
n Un:i.
Mr. K
ng Ord
n
t
a
i
s i.
34
a
t s
n a.
NOTICE OF DECISION
TUESDAY JUNE" $, 1990
der the application submitted by KONSTANTI.NOS
Dryden, New York to establish and operate a
nd Convenience Store at 2 Etna Lane within the
:i.roumbas is requesting a variance to section 7.5
nce.
A public, hearing was duly conducted by the Town of Dryden Board of Zon.i_ng
Appeals on Tuesday, June 5, 1.990 with members present: Acting Chairman
Francis D:i.Tommaso, Dominic Bordonaro and Alan LaMotte.
FINDINGS:
I. Neighborhood
comment
was two in
support of the store and one
against
the
apartments.
2. The land has unique features, and no allowed use would yield a
reasonable return. 4%
3. The Board doesn't feel. there wou.l.d be significant change in the
neighborhood as a result, in granting the variance.
4. The store alone is not economically viable, apartments added to
the store create economic viability.
Dominic Bordonaro moved that a variance be granted based on the findings
but we add the stipulation that :iJ the store is open be subject to a cz
closing time of 10:00 PM or no 7.atxer:
Alan LaMotte second the motion.
Vote Yes (3)
DEC- 1.SION:
M
No (1)
VARIANCE GRANTED
Respectfully submitted,
/;'nl. —.
Francis D:i.Tommaso,
Acting Cha.i.rman
•
El
A public
KATSTROU
three (3
Hamlet o
of the T
hea
MBAS
) it w
f Et
own
r
P
e
n
Z
ing
P.
a. .
on;i.
to cc
0. Box
ng Uni
Mr. K
ng Ord
n
t
a
i
si
34
a
t s
n a
NOTICE OF DECISION
TUESDAY JUNE .S, 1990
der the a.ppl_
Dr,y den, Ne
nd Conven:i.en
:i, r• o u m b a. s i. s
nce.
A public
hearing was duly
conducted
Appeals
Francis
on Tuesday, June
DiTommaso, Dominic
S,
1.990 with
Bordonaro
FINDINGS:
1.
2.
i
w
c
r•
cltl
Yor
e St
edue
on subm.i.tted
k to cst..a.bl.i_
ore at 2 Etn
sting a vari
by KONSTA
sh and opc
a Lane w
ante to se
NTINOS
rate a
th:i.n the
cti.on %5
by the 'Town o:f Dryden Board of Zoning
members present: Acting Chairman
and Alan LaMotte.
Neighborhood comment was two in support of the store and one
against the apartments.
The land has unique features, and no allowed use would yield a,
reasonable return. 1
3. The Board doesn't feel. there would be significant change in the
neighborhood as a. result in granting the variance.
4. The store : lone is not economically viable, apartments added to
the store create economic: viability.
Dominic Bordona.ro moved that a
but we add the stipulation that
closing time of 10:00 PM or no
Alan LaMotte second the motion.
Vote Yes (3)
DECISION:
Jr
No (1)
VARIANCE GRANTED
va.ri_ance be granted based on the findings
if the store is open be subject to a
later:
Respectfully submitted,
Francis D;i.Tommaso,
Acting Chairman