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HomeMy WebLinkAbout1991-01-02 TOWN OF DRYDEN ZONING BOARD OF APPEALS JANUARY 02 , 1991 • MEMBERS PRESENT : Chairman , John Baker , Dominic Bordonaro , Francis DiTommaso and Alan LaMotte . Also present but not limited to : Henry Slater , T . Marchell , W . Blodgett , Jr . The Zoning Hoard of Appeals meeting was called to order on January 2 , 1991 at 7 : 30 FIM by Chairman J . Baker . Chairman Baker stated : There are two cases on the agenda tonight the first one is an application from CLASSIC HOMES of CENTRAL NEW YORK for Mr . & Mrs . Blodgett . They are here having been denied permission to install skirting with out a frost wall . Residence at 253 Baker Hill Road , Dryden in violation of Article 1000 Section 309 of the Zoning Law . Under Practical difficulties and / or unnecessary hardships are as follows : Installation of the Frost Footer will entail unnecessary expense which Mr . & Mrs . Blodgett can not afford . Also submitted a skirting wall detail which they propose to install . Basically a 4 ' by 8 ' pressure treated plywood cut to within four inches of grade that is over top of 3.. by 4 pressure ® treated framing , 24 inches on center . After skirting has been installed , loose fill will be mounded from the grade to the front of the skirting to allow the appearance of a permanent wall . Leaving four inches below skirting to actual grade which will allow for ground movement with out ,jeopardizing the stability of the wall . This installation will allow the appearance of permanence which is the intent of this section , at a substantial savings to the Blodgett ' s , approximately $ 900 . 00 savings . This installation will not require the placement of a frost type footer which , in our opinion , serves no real function in this type of housing . Respectfully submitted by Thomas R . Wright , of Classic Homes of Central New York . QUESTIONS OR COMMENTS : QUESTIONS FROM THE BOARD : D . Bordonaro : Q . What would it cost to comply with the Zoning regulations ? Mr . Blodgett : A . The way we would like to do it would cost $ 500 . 00 . $ 1400 . 00 to do it in compliance , l� were the figures Tom Wright gave me . ZBOA 01 - O2 -91 PG . 2 a . $ 900 . 00 that shows here is the approx . savings ? A . Right . F . DiTommaso : 0 . This is going to be attached to the building , it ' s not going to be attached to the ground ? A . Correct . D . Bordonaro : Q . What ' s the framing attached too ? A . The impression I got , I haven ' t gone over the details with him , that it will be on the ground . 0 . Is it anchored to the building ? H . Slater : A . The way they presented it was attached in the same manner as typical skirting on a mobile home . F . DiTommaso : 0 . Which is What ? A . Which is attached to the bottom of the mobile ® home . It pre floats with the ground that the home sets on , masonry piers , it doesn ' t have any structural integrity but yet it can ' t go anywhere because it ' s attached to the home . The skirting wall doesn ' t do anything in any event . J . BAKER : What was allowed in past was manufactured skirting , it was a pre manufactured product , it wasn ' t .just plywood . H . Slater : The skirting wall can be , if you read in the ordinance , pressure treated lumber or masonry material extending to a point below the frost line giving the appearance of a foundation . This is a modification . J . Baker : This is whether it stops at grade or slightly above grade or extends down below the frost line ? H . Slater : This extends below grade but not to or below the point of the frost line . ZBOA 01 - 02 -91 PG . 3 F . DiTommaso : This is four inches above grade , according to the diagram . H . Slater : It can ' t be above grade . It was so long ago I can ' t remember . D . Bordonaro : Clarified the application as stating " mounded from grade to front of skirting " just pushed up against it but the back will be open . If you crawled underneath it you would be able to see the dirt that they backed filled with . Still be able to see the bottom of the 2 by 49s . B . Baker : Q . Is it your intention , do you know , that this dirt will be touching the skirting ? Or like it says there is going to be a four inch gap there to let the thing flow . Mr . Blodgett : A . Hopefully touching , that ' s the way I understand it . The skirt wall will be four inches off of the ground and the stone is mounted up to it . D . Bordonaro : Henry , do you have any feeling on this plan as they proposed it here ? Forgetting how it doesn ' t comply it terms of functionality and purpose does it serve any purpose ? H . Slater : I would think that if they stabilize it , it would do the same thing as skirting would do . There may be some question that they ought to put something underneath it like some # 2 stone for it to rest on and back fill against it . That might be a better way of doing it . J . Baker : Is that something you would insist on as a building inspector ? Or is it something that should be written into a variance if it were granted H . Slater : If I were going to build it using this system myself , I would put several inches of # 2 stone underneath the bottom of the presser treated frame to give it some stability so it doesn ' t warp in and out and also so there would be some kind of drainage ability there to keep it from heaving if it should get water . I will be policing your wishes . HEARING CLOSED AT 7 : 43 PM ® HEARING OPENED AT 7 : 45 PIh FOR MARCHELL MONUMENTS ZBOA 01 - O2 -91 PG . 4 J . Baker stated : The next case is for Ted Marchell to build an addition to an existing structure at number 4 Hall Road . This . is in violation of section 1206 . 1 of the Town of Dryden Zoning Ordinance . Under practical difficulties and / or unnecessary hardships are as follows : We are requesting a variance from the Zoning Regulations requiring a 90 ' set back from any Public Road . The building addition that we propose would have fit with all the required set backs prior to the construction of the new Hall Road . We now have Public Road that completely surrounds our property . We request that the 90 ' set back only be a requirement on our front yard along Route 13 . We would like the other set backs to be considered as side and rear yards of 15 ' as they were prior to the new road . The unnecessary hardship is that the addition that we propose would have been allowed prior to the new Hall Road but it is not allowed at present . Mr . Marchell : presented a map and stated one thing missing from this package is he had talks with Mahlon Perkins on a few things regarding this and he was suppose to have sent a letter . J . Baker stated a Letter wasn ' t fourth coming , he contacted me by phone tonight . Basically what he said was is this is a first part of a multi board jurisdiction . ® Mr . Marchell What I am proposing is not any where in the near future as near as I can tell . Presented the plan to the Board Members which showed the proposed new project and the roads surrounding the property , all of which will remain . The property now is surrounded by roads and regulates the set back of 90 ' on all bounders of the property . The addition had prior to the new road met all requirements . Mr . Marchell : Prior to the construction of the road I could have built that building . D . Bordonaro : 0 . You have no current plans to build this building but you want the option to do it later ? A . That ' s right . Mahlon was going to put some time on the length of the variance . Normally a variance is good for a year . If you don ' t take advantage of a variance within a year you have to come and get another variance . ZBOA 01 -02 - 91 PG . 5 J . Raker stated typically building permits are good for a year , but variances are good forever . A . LaMotte stated Mahlon contends not . Mr . LaMotte related a few years prior there was a situation which resulted in a stale variance . H . Slater : A use variance , I believe , is limited to one year in his interpretation of the Town Ordinances . I don ' t see how this can apply , but I ' m not the attorney . It ' s no different , if we allow a lot to be developed that ' s going to have 100 feet of road frontage , I would think that lot ' s going to be allowed to stand forever , once you do that . F . DiTommaso : As far as this board is concerned the only thing being considered tonight is this particular case based on its own merits and facts how it relates in the case . And if we rule in favor of this variance it ' s based on this plot plan . It was determined a plot plan had not been included in the variance request package but the one presented tonight should have been . D . Bordonaro : I wouldn ' t write it to give him variance of 15 ' of any property line . This plot the way it ' s set . ® F . DiTommaso proposed that the plot print be numbered and included as part of the variance . J . Baker noted the way the variance request is written , Mr . Marchell is requesting a variance of 15 ' on all of the roads . Mr . Marchell stated he is not requesting that . He stated his intent is for the variance to allow an addition . I ' m willing to accept that at this point if I have to write something or sign something to that effect . H . Slater : If he didn ' t follow through with this plan as submitted , in the future when he comes to me with plans I would reject it and tell him to go see the Z . R . A . again . A . LaMotte : Wanted the issue of the variance time frame resolved . D . Bordonaro : Five Years from now if he decides to do this why wouldn ' t it be valid ? ZBOA 01 -0E - 91 PG . 6 J . Baker : The concept of a use variance if it ' s not executed within lc months is one thing . Permission to do something that ' s not an allowed use within a given zone , and if it is not pursued , should have a time frame . An area variance caused by the Town , in this particular case , where the Town has snuck a road in his back yard and now says you can ' t do any business expansion because of this road . To grant a variance to allow him to expand his business in a future date with a given foot print for the building , I don ' t know if that should have any kind of a time limitation on it . D . Bordonaro would like to see the area variance only good for this particular owner . If the proposed building were not built then it should not be a variance that could transfer to a new owner . T . Marchell stated the variance should be transferrable . The variance if granted , does add significant value to that property . If I decide to put it on the market , I would just as soon be able to transfer the variance . The Board indicated if granted there is length and it is transferrable according to the plot plan . QUESTIONS OR COMMENTS FROM THE FLOOR ? HEARING CLOSED MEETING REOPENED AND DECISIONS RENDERED WHICH ARE ATTACHED Respectfully submitted , Jean Ryan , Secretary NOTICE OF DECISION WEDNESDAY JANUARY 02 , 1991 A public hearing to consider the application submitted by T . MARCHELL , of 41RCHELL MONUMENT of 4 Hall Road , Ithaca , New York to extend their xisting commercial building , at 4 Hall Road closer then the M . A . Zoning District Requirement of 90 feet from the center line of all plublic roads or streets and is requesting a variance to section 1206 . 1 of the Dryden Town Zoning Ordinance . A public hearing was duly conducted by the Town of Dryden Board of Zoning Appeals on Wednesday , January 2 , 1991 with members present : Chairman , John Baker , Dominic Bordonaro , Francis DiTommaso , and Alan LaMotte . FINDINGS : 1 . The applicant demonstrated that the application of the Zoning Ordnance to his property causes sufficient economic injury . 2 . The applicant also demonstrated that the restrictions as strictly applied in his case are unrelated to the public health , safety or welfare of the Community , and granting the variance will not adversely affect the community . 3 . There was no neighborhood opposition to Mr . Marchell ' s application . motion was made by Alan LaMotte that the variance be granted based on the findings listed and the 'prints submitted listed as Marchell # 1 , January 2 , 1991 . The motion was withdrawn after discussion of appropriate wording the Board felt was necessary in granting the variance . A motion was made by Francis DiTommaso that the variance to Mr . Marchell be granted based on the following conditions : # 1 . Based on the plot plan that was discussed at the meeting and is labeled Marchell Number 01 , dated 1 - 2 - 91 by Jack Baker , Chairman of the Dryden Zoning Board of Appeals . # 2 . That the application be modified to strike the sentence that reads " We would like the other set backs to be considered as side and rear yards of 15 ' as they were prior to the new roads . Second to the motion was made by Dominic Bordonaro . VOTE YES ( 4 ) A . LaMotte , D . Bordonaro , F . DiTommaso , and J . Baker . NO ( 0 ) ABSTAINED ( 0 ) �ECISION : VARIANCE GRANTED . Respe tfully submitted , 0 8 JAft�� ohn Baker , Chairman r 0 NOTICE OF DECISION WEDNESDAY JANUARY 029 1991 public hearing to consider the application submitted by CLASSIC HOMES OF Y , INC , of 1818 Hanshaw Road , Ithaca , New York , to omit the Dryden Town equired skirting wall for a Double - wide mobile Horne which they are installing for Walter Blodgett , Jr . at 203 Baker Hill Road Extension , Freeville , New York and is requesting a variance to Article 1000 Section 309 of the Dryden Town Zoning Ordinance . A public hearing was duly conducted by the Town of Dryden Board of Zoning Appeals on Wednesday , January 2 , 1991 with members present : Chairman , John Baker , Dominic Bordonaro , Francis DiTommaso , and Alan LaMotte . FINDINGS * 1 . There was no neighborhood opposition to this variance request , although neighbors were notified . The appeal has presented attempts to full fill the intent of the regulation although it does not comply with the letter of the law . The visual impact will be the same . 3 . The applicant demonstrated dollars and cents hardship complying with the existing law would cause . 0 motion was made by Dominic Bordonaro that the variance be granted resented by Classic Homes for Walter Blodgett , Jr . with the proviso that the pressure treated 2 by 4 structure framing rest on a bed of # 2 stone , a minimum depth of six inches , then back filled . Second to the motion was made by Francis DiTommaso . Discussion * F . DiTommaso asked if the fill should be on both sides ? It was determined it might be difficult and the issue was not to have the skirting hang free on the outside . VOTE YES ( 4 ) A . LaMotte , D . Bordonaro , F . DiTommaso , and J . Baker . NO ( 0 ) ABSTAINED ( 0 ) DECISION . VARIANCE -GRANTED . Respectfully submitted , • ohn Baker , Chairman jr