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HomeMy WebLinkAbout1991-02-05 TOWN OF DRYDEN ZONING BOARD OF APPEALS FEBRUARY 05 , 1991 OEMBERS PRESENT : Chairman John Baker , Ann Everett , Dominic Bordonaro and Alan LaMotte . Also Present but not limited to : Henry Slater , Elizabeth Corrigan , Richard and Betty White , Warren Currier , D . McDonald , Harlan and Ann Nafziger , and Fern Chamberlain . The Zoning Board of Appeals meeting was called to order on Tuesday , February 5 , 1991 at 7 : 40 PM by Chairman John Baker . Chairman Baker stated there were three cases on the agenda tonight and explained the procedure of hearing all cases before the board deliberated on each and reached a decision . Applicants were welcome to stay until the decisions were rendered or may phone the zoning office in the morning . The first case was heard as follows : Mr . Currier is here having been denied permission to reduce the frontage requirement at 298 Midline Road , Freeville which is a violation of Section 803 . 4 of the Town of Dryden Zoning ® Ordinance . Under practical difficulties and / or unnecessary hardships are as follows : area variance to reduce the frontage for existing residence from 295 . 5 ' to 89 . 55 to avoid problems with topography , creating from 1 52 . 5 acre parcel ; 1 8+ acre and 1 44 + acre parcels have tried to sell for 12 months in a conforming configuration and have received a lot of negative resistance . The following letter was also read by Chairman Baker : • Z BOA 2 - 5 - 91 PG4 L ERX D. GALLAGHER CO. INC t .linviry 31. , 1991. I i Town of Dryden 65 E . Main Street Dryden , New ' Cork 13053 t RE s 298 M -i d 1. i ne Road Ir any rapacity as Real Estr7tr Broker previously wi. Lh Dick W -ilsen Real. Estate and currently wirh ERA / J . D . Gal. l. agher Co . Jnc . I have 1� ad Mr . ind Mrs . Warren W . Curri. er , Jr . ' s property ar, 298 Widlinf2 Road for sa 1. e . It has l-> een my experience working wirh buyers that the necessary 125 ' of Frontage to allow Mr. . and Mrs . Currier to build above the presnllt property has been .a prAIem for those: potelir [ aI buyfirS . Mcist of thrLse buyers have difficulty conceivflig the div -islon of froi-itage , Part of the frontage cin Hi. dli. ne Roast and the cast of the frontage un llollisLcr Road to compl. rtry tihe 125 , of frokirnge . Thcy are concerned with potenti. n ] problems w114: n aald i f the proeprtry i 5 sold . I 7. wOul. d urge you to grant a variance. liar. the 90 ' of front. nge as r, rquested by Mr . and Pars . Warren Currier , Jr. . Ve ry s i k3rere t y ynurs , Gloria Wharton Broker ' Associ ,atc EPA / %! . D , C; ALLAG11FR CO . , INC . CW : m1 .i 2377 N . TRIPHAMMER IUD. [THAC , NY 14850 607-257-2504 • FAX : 607-2574626 N . MAIN T, R0, BOX 707 OVI D, N Y. 14521 607-869-5416 • FAX : 607-869-3252 Z90A 08 - 05 - 91 PGa 3 Mr . C "rrier also stated : I have tried to sel l it with the 125 foot frontage on Hollister Road and giving the people a right of 41ay off the existing road way on Midline Road . There is a big gully which prevents putting in a driveway off Hollister Road _ The Board reviewed the map which was supplied with Mr . Carriers application , A . Everette, G . Have we considered this for a variance before or any part of this property ? Mr . Currier : A . Not to my knowledge . Do How . Xorrg have you awned it 'd i Am Five years . A . Everett ask H . Slater if they had ever considered anything with this property as it seemed familiar ? He answered he doesn ' t recall anything other then a subdivision across the street . QUESTIONS OR COMMENTS FROM 7HE PLODR ? ffhirlpy White: Basically wahat I thin4s Warren is trying to do is a very good move on his part and for the people Who are going to be owning the house . It makes more sense then trying to put in a drive way across that BU11 }+ . A . Everett : G . The drive way comes off that almost 90 feet "? Mr . O �� rrYer~ : A . Yes . With no further questions or comments the hearing was closed at 7 : 46 PM . HEARING OPENED FOR FERN CHAMBERLAIN AT 7 : 48 AM The application ways read as follows : Having been denied permission to erect a free standing sign closer than 15 feet from the edge of North Road right of way at 298 Forth Road , Freeville . ( in violation of Section 1501 of the 'down of Dryden , Zoning Ordinance ) ZBOR 2 - 5 - 91 FIG . 4 Under practical diffitulties and / or unnocessary hardships are as follows : a sign is a necessary indicator for parents , delivery people , etc . to easily locate the school . A sign would not he visible if placed on the property within Zanirrp approval . R 50 by 5 foot hedge row of arborvitae protect the children ( three to five year old from running into the road . the entire hedge - rows would have to be removed to see a sign placed an the property . BecaLLse of the tremendous financial loss this would create 1 am requesting a zoning variance to permit a sign to be placed on the road side of the hedge -row See the diagram enclosed . The following letter* was read into the recovedm Jan. 20th 1991 To Lbe Board of Zoning Approval ; I am requesting a variance to hang a sign, for ttre HaPPY Way Childcare Center, along the road side approximately 25 feet in from the center of the road at 298 North St, Ext , Freev111e. The sign would be approximately 4 feet wide ( See enclosed drawings ) and will not create any hazards For the f ellowfng reasons I am requesting this variance; A 15 foot arborvlte hedgerow lines the front of the property ( see photos), Detause of this hedgerow a sign would not be visable If placed on the property. I am requesting a variance so thO sign Can be placed on the road sloe of the hedgerows. There would be no ViSIbillty problems encurred If permisslon is granted for this_ This hedgerow serves as a natural barrier and protects the children from # tie road t.rarfic, The Department of Boctal Services has juat licensed the ' daycare ficIIIty and has accepted the hedgerow and adjoining new fence as an appropriate barrier for the children. removal of the hedgerow would create a fiafety hazard ror the h11 trerr. Removing the, hedgerow would be a costly procedure requfring a tree service , A new fence would have to be. bullt In erd€fltion. (My present contractor , ,doe Eller, estimated a cask of $ 1000, 00 to build a new fence across the front of the property to replace the existing hedgerow . I have Just spent $ 2000. 00 to construct a fence for the remaining part of my property to secure the children ' s safety, Locating the school has been a problem for vksitors of the program , e frequently move guest speaVers , State Inspectors etc, These people have stated that a sign would have helped them locate the school much easier_ In additIon, the hedgerow was pre -existing to when I bought the property in 1980, Because I Inherlted the exlsting hedgerow which make it Impossible to see a sign from th6 property I would like to request that a variance be Issued ko Permit me to Out up a sign that will be visible from the road, Sincerely, Fern Chamberlain ZI' OA 2 �5;m-91 PG . 5 An estimate verifying the cost of the fence and proposed picture of the completed sign were also noted and ob5e5rved . A . Everett : QM Have you considered putting the sign parallel too or up against the hedge row rather them perpendicular ? F . Chamberlains A . A double sided sign , should be seen from bath Sides . I hadn ' t considered that , I spoke with Sun Shine Signs and they recommended a double sided sion . It doesn ' t have to be four feet either , it could be reduced to three feet . For the hest visibility especially at night , I plan to use gold leaf on the lettst� a so the headlights would Iight up the sign . It wouldn ' t be effective . the other way . GIs . Chamberlain gave the board another estimate from S & S 'free Service which estimated the cost of removing the hedge at sad! @ . o(D . He estimated the value of the hedge row at $ 41000 . 00 061MOO a tree ) . i A . Everett : Q , If the sign were perpendicular , how many feet i from the road side would it be ? 'there is not ! too much of a road side there . A . No there isn ' t too much and I think it would be 0 eighteen , H . Slater : A . I measured it from the center of the road when she first came to us and it ' was 28 feet from the center, of the road , to road side edge ,, � o no matter how she puts it she requires a variance of some sort . A . . Everette Wi . How wide is the road ? H . Slater : A . It ' s a 50 foot road right of way , 25 feet . We always use the road strip , consistent road to road so that ' s where it was measured from . am We ' re talking about five feet maximum from that hedge row to the side of the road ? no To the edge of the road. rirght of way which we really don ' t know where it is because they mow up close to the edge of it . E R. It ' s about five feet though , isn ' t it ? F . Chamberlain % It ' s more then five feet . ZBOA 2y5-91 PS . & A . Everett : am 1 ' in trying to determine how may feet you ' d have from the end of the sign to the road , where a car . . . . � . . . ? H . Slater : A . Pavement would be 20 feet total so you have tern feet Of surface , five feet of shoulder , the rest would be ditch line so forth , so I would assume , IS feet from the hedge to the 'read sur' face , Not counting the shoulder . Counting the shoulder anal the ditch line , cause there is reo ditch there , it ' s sloop but iTY ' t it mitrtined . Jhen I measured it for her and she asked where she cokxld putt it , the sign to be in compliance would have to be totally on the house side of the hedge . J . Bakerm LcoWing at the sign , I would think you would want to i put it back by the hedge so it wouldn ' t be hit by a snow plow . Ms . Chamberlain stated she would start it right at the edge of the hedge row and come over _ i D . Bordonaro : 0 . What ' s the size of the sign ? F . Chamberlain : Am I haven ' t gone to Sun Shine Signs yet , I wanted to come here first befoy� e I had any dimensions made . If I have to he restricted in size I don ' t care , that ' s no problem , I ' ve seen - signs that are tall end narrow , I ' m happy to do that . 0 D . Bordonaro : C! . You state that quite a few people have problems locatinrq you . How many people are we talking about 7 A . A lot . I servile 65 families in the Dryden Area a week . 65 different people come because I have a part time program , ow -low Mi�Lny new visitors do you have a month ? A , This month we have four visitors , form NYSE &G , Cooperative Extension to tally to the children . It ' s a vory dark area and my ho4r5e is set all the way back and it ' s really very hard for them to find . I ' ve been in business 12 years , 15 years in Dryden as a day care person and Ilvee expanded , there is a lot more traffic now . I would like to make it easier fckr people . to find . People expect a sign . Baker : Q0 WOUld this be lighted ? I ' m not planning to have it lighted at this paint . It is my home also , so I WOLL16 like it to be tastefully done and small in size . ZBOA 2 • 5- 91 PG . 7 DUESTIONS OFF COMMENTS FROM THE MOOR Finn Nafziger : Our question was the size . � . Nafziger : am Do you plan to put this near your drive gray or between the drive way and Stairs or ? A . I was going to put it between the drive way and Stairs , on that side . Mr` . Nafziger stated the only problem that they would have is visibility if it were a lame sign . He indicated a sign of this magnitude was not significant _ HEARING CLOSED AT S : @@ RM HF-14RING OPENED FOR D . MCDONALD AT 8 : 02 PSI Bakery stated as follows : Having been denied permission to c:� prestr �Lc� t a foyeriporch area at the front of OUr house which will have its nearest wall less that 70 feet from the center of the road at. 307 Ellis Hollow Cree $i Road . Under practical difficulties and / or; unnecessary hardships are as follows : Because we have no foyer area , we have energy loss and } racking of mud / snow / rain and dirt into the house . The present rant door is right on the 70 foot line ( distance from the road ) . There is really no. where else to put a foyer / entry way _ Please see attached . The problem exists because of a pr% aexistinq house . D . Bordoinaro : Qm Mr . McDonald the garage , forgetting the side }card set back the front jets out closer them 70 feet . Is that the way it was before or is that what you ,just b %.Li lt ? Am That is what we joist built . I thought we had applied for those variance when we were last here . The original plan specified that . Some haw we only applied for one variance . J . Bakery ; The plan as submitted showed the side yard set bade an6 it also showed the front of the garage extending four feet to the front . The porch addition was definitely a subsequent addition . The minutes show that ' we did discuss the garage . ten feet on the side yard and four feet on the front yard . It was clear from the diagrams submitted with the application . It did not get read into the application but the plans haven ' t changed . ZBOA 2 - 5 91 PG . B A . Everett ; Q . Have you built this � lready ? A . It ' s in the process . Rord anarp : U . May I ask how you gut so far al6nq before }you applied fen a variance ? A . We hadn ' t originally planed to do one . It ' s something we wanted to do every since we have lived there but we never skid it . we } ve had two children in the last three years and we sort of out grew the house . It was determined that no work has been started on the foyer . A . Lah4otte : Gig . The 70 feet , is that from the center of the Ii, Tie ? A . a s . A . Everett : od Is that, the front 4ntry way to your house ? A . Yes . J . Baker inquired if the neighbors had been notified and Mr . Slater indicted they had . With no further questions the hearing was closed at B : ia PMW DELIBERATED UNTIL THE MEETING WAS REOPENED AT 8 : 48 PM THE ATTACHED DECISIONS AND I+ 07 I ONS WERE MADE . J . BAKER MOVED TO ADJOURN , SECOND BY A . EVERETT CARRIED NOTICE OF DECISION TUESDAY FEBRUARY 05 , 1991 A ptrblic hearing to consider th ' pplication submitted by FERN CHAMBERLAIN , of 298 North Road , Freeville , New York to place a free ' standing sign closer than the required 15 feet from the edge of the Narth RDad right of way at 298 Ngrth Road and is requesting a variance to Section 1501 of the Dryden Town Zoning Ordinance . A public hearing wane duly condktcte' d by the Town of Dryden Board of Zoning Appeals on Tuesday , February 5 , 1991 with members presence Chairman , John Baker , Dominic Bordonaro , Arm Everett , and Alan LaMotte . FINDINGS ; i ,. The application is unique based uPQn a pre existing substantial stand of arborvitae hedge , 2 . The evidence as submitted the sign would not oppose a safety hazard . 3 . There was no neighborhood oppasition to this variance . A motion was made by nominic BordDnaro that the varia ice be granted with the stiptrlation THAT IT BE AN UNLIT SI6NE Second to the motion was made by Alatr LaMntte . VOTE YES ( 4 ) A . LaMotte , D . Bor- donaro , A . LaMotte , and J . Baker . NO ( 1a ) ABSTPtNED ( 0 ) . I} ECISIC]h# : VARIANCE SNANTED . Respectfully submitted , John Baker , Chairman Jr NOTICE OF DECISION TUESDAY FEBRUARY 05 , 1991 A public hearing to consider the application submitted by WARREN CURRIER , JR . of 298 Midline Road Freeville , New York to reduce an existing conforming residential road frontage to less than the required 1215 feet at 298 Midline Road . He is requesting a variance to Section 803 . 4 of the Dryden Town Zoning Ordinance . A public hearing was duly conducted by the Town of Dryden Board of Zoning Appeals on Tuesday , February 5 , 1991 with members present : Chairman , John Baker , Dominic Bordonaro , Ann Everett , and Alan LaMotte . FINDINGS : 1 . The stream gully configuration in the lot shape make this property unique . 2.0 There was no neighborhood opposition to the applicants request . A motion was made by Ann Everett that the variance be granted to Warren Currier , Jr . as requested . Second to the motion was made by Dominic Bordonaro . VOTE YES ( 4 ) A . LaMotte , D . Bordonaro , A . LaMotte , and J . Baker . NO ( 0 ) ABSTAINED ( 0 ) DECISION : VARIANCE GRANTED . Respectfully submitted , ohn Baker , Chairman jr ' NOTICE OF DECISION TUESDAY FEBRUARY 03 , 1991 a A public hearing to consider thg application submitted by DANIEL MCDONALD of 507 Ellis Hollow Creek Road , Ithaca , New York to extend an existing residential structure closer than the required 70 feet from the center- of 307 Ellis Hollow Creek Road and is requesting a variance to Section 703 . 1 of the Dryden Town Zoning Ordinance . A public hearing was duly conducted by the Town of Dryden Board of Zoning Appeals on Tuesday , February 5 , 1991 with members present : Chairman , John Baker , Dominic Bordonaro , Ann Everett , and Alan LaMotte . FINDINGS : 1 . There was no neighborhood opposition to this application . 2 . Mr . McDonald demonstrated that the restrictions as strictly applied in this case are unrelated to the public health , safety , or welfare of the community . 3 . Granting the variance would not adversely affect the community . A motion was made by Alan LaMotte that based on the findings the variance be granted . Second to the motion was made by Ann Everett . VOTE YES ( 4 ) A . LaMotte , D . Bordonaro , A . LaMotte , and J . Baker . NO ( 0 ) ABSTAINJED ( 0 ) DECISIONS VARIANCE GRANTED . Respectfully submitted , ohn Baker , Chairman jr