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HomeMy WebLinkAbout1991-05-07 TOWN OF DRYDEfN ZONING BOARD OF APPEALS MAY 75 1991 i MEMBERS PRESENT ; Chairman John Baker , Ann Everett , Dominic Bordonaro , Francis DiTommaso and Alan � LaMotte _ ALSO PRESENT BUT NOT LIMITED ' TO . Betty Corrigan , Henry Slater , Clint Cotterill , Gloria Howser , Harry Grant , Lloyd Kimmick , Dianne Kinimick , David Johnson , Robert BlaPd , Midge Mererill , John � I+ illick , El 'izabeth Clapp , Andy Morline , Catherine Brown , David Crissey , Edith Clark , Gretchen SachSe , Margaret Hobbie , arrd approximately ten others . II The Zoning Board of Appearls meeting was called to order are Tuesday May 71 1991 at 7 : 3O by Chairman John Baker . The first hearing was 2L5 fellows = Gloria Howser is here having been denied permission to reside in , transfer or rent or sell said house on property at 360 Harford Road , in Dryden . . Under practical Difficulties and / or unnecessary hardships are as follows : I have severe asthma and now need to leave New fork for a dryer 0 climate . The home we have lived in for 15 years has given me and my two children good years . After the death of my husband all of his estate was left to me . I feel that if I cannot sell my home than I will be forced to leave everything and this would be unfair to me and my children . I was left with a burden of a home that I cannot sell , live ire , rent , or transfer , because of a variance that my husband Leslie Howser was granted in 1974 . Now the only way - that I can sell the property is to destroy the House and sell just the land . I cannot ,afford to destroy a home that t have put much time , money and effort into . It dosen ' t seem possible that I would be left with such a descision , that I shOUld have to destroy something I ' ve put so mach time into , Srone €i - Gloria Howser QUESTIONS FROM THE BOARD A , Everett : ad You were married to Leslie Hawser~ in 1974 . when he was granted the variance ? A . Yes ZBLA 5 � 7 -91 PG . R A . Everett : a ' So you ware well aware that that stipulation had been ' in the variance ? A Nu5 I was not i�Lwi;Lre of it . It wasnst brought up , I didn ' t even spine to the Town meeting that night when he applied for the application . It had been several years , I talked to a realiter here in Dryden about putting it up for sale and they brought the variance to me and asked if I knew the variance was in here . I said NO , I had not came to the meetings , he had done it all on his own , I was not aware of that particular variance . I was aware of the variance before that it was to be put in as a trailer * and we had to reapply before it was put through . . F . DiTommaao : U . Your intentions are to sell ? A . Yee . Un Do you have a potential buyer ? _ A . Yes , a young fellow who ,just reacently got married who is a carpenter and likes the place . His parents live here . I have no other choice the asthma is sever now to a point that I have a home breathing machine and medications around the clock , I have tcmove to a dryer climit . J . Pal4er = am nid - the realiter give YOU any intication what the value of the laud might be with out the trailer ? A . It ' s 35 acres , it ' s accessed around $ 451003 . 33 with the house it will brin !] around $ 70 , 000 . 00 sa I would lose much money , F . DiTommatao : Q . That ' s the selling price ? A . That ' s what I have agread too , with this buyer . A � Everett : am Can You not sell % the trailer '� R . I carlT t sell it , not on that land . It is a ranch style home at this point . It is not accessed , listed under trailer . It has no wheels , it has a foundation , full length porch , extra rooms . ' It cann ' t • be moored , it can be bull dozed PSG . ,3 J . Baker asked the Building Code Enforcement Officer H . Slater if the property and home meet all other applicable building codes and if a building permit would be isaued to he built as is ? To which Mr . Slater felt it was an unfair question as it called for a judgement gall . A . Everett : YY . 1 find it hand to believe , your husband did ' t discuss with you the decision of the variance granted LO years ago ? A . He night have , but I don ' t recall . If I had know before } I woLLld have filed a long time ago . D . Pordoraro explained to Mrs . Howser that by allowing them to place the trailer there they wer 'e able to save over the years the cost of a house . The trailer was placed in an area where trailers were not allowed and therefore the variance had stipulations so it could not be transferred . This agreement was made to save you money . The money you are going to lose now is the money ytou sawed over the years . The consenses of the Board was that if she or her children wished to live there the Board would not denie them that privalige . A . LaMotte questioned the accessment as . a Dome and not a trailer . C . Cotterill stated a mobile hone is always a mobile home no matter; what changes are made . DUESTIOMS FROM THE FLOOR Lloyd Ixmmick of 670 Dryden 1-larford Raad : I own land all around this trailer and if you drive by you can not tell it ' s a trailer . It is accessed as a house , I have looked into it before . Your{ the ones that told her she had to build this over the top of it before she could move it in there . At the time of the original variance she wasn ' t living there , the place is accessed as a house , theme, s a mobile home right next door to it and one accross the r^ aad . By allowing this there wouldn ' t be any more trailers then at the present time . I can ' t see why she shouldn ' t be able to sell. it . I tarlke6 with Eddie Carpenter who was on the board at that time and he stated that the only way they could move that trailer in there was to guild ari) Und it . That was the reasons it didn ' t pass the first time . Mrs . Kimmich also spook. in favor of granting the variance . Mrs . Howser started she eras trot living there at the time of the variance or was she his wife at the time . HEARING CLOSET} ZE► [] A W7 - 91 PG 4 Chairman Baler nPen the Public Hearing for David Johnson at 7 : 52 PM and read the following : Having been denied permission to construct a carport plus Prminus 37 feet from the center of SheldonRoad rather than the required 70 , feet at 13 Sheldon Road , Dryden , New York which is violation of Section 703 . 1 of the Town of Dryden Zoning Ordinance . Under practical difficulties and / or unnecessary i hardship as fellows : i I purchesed this property in March of 1990 . The previous owner closed the existing garage into a storage room and bedroom . I am requesting a zoning variance to construct a carport on the front of said residence for the following reasons . The pavement for carport is allready existing . it is in the Wiest location in regards to the entrance to the residence . It will greatly add to the appearence of this boiling . It would not be permissible to build .a carport on to the end of residence as theme are bedroom windows _ in this area . This will not create any obstruction to the neighborhood . My only neighbnr to the east is approximately 18e0 feet away and the carport will be hiden by P the already existing trees . QUESTIGNS FROM THE . BOARD A . Everett : 00 blow many feet do you have from the side of your house to your property line ? A . About 180 feet to the nearest acre . am How many feet would the end of the carport be to the road ? A . About 12 feet from the right - of - way,, but considerable more distance from the canter of the road . I don ' t see where they are ever going to widen Sheldon Road . l About 25 feet to the pavement . I have other parking besides this , but I don ' t want to walk 200 feet from the back yard to get to the house . If placed on the side of the house he wanted access to the front door . A . Everett stated when she visited the property that did not seem like a bad alternitive . There are two doom in the front . One right near* where Mr . Johnson ' wants to place the carport and you would have easy access to the back porch if the carport was placed on the side . ZHOA 5 - 7 -91 PG . 5 Mr . Johnson stated he did but didn ' t went It to . interfere with the bedroom windows . The other entrance door he {• ol.tld lika to class in , the one near the pavement . If the carport was built where he wished , he would be able to cover the entrance door with the roof . A . Everett % om You seem to have a lot of land you could use to be in compliance ? A . That ' s true , If I were to set a carport out behind the house it would cost me more to pave it . um What will it look like ? A . It will be tied into the house with an " A " roof , it will look like it has always been there , Q . What will the post look like ? A . They will be 4 X 6 . There ' s a porch on the back of the house that ' s tied in similar . It will accomidate two cars . I don ' t want to put it out behide the house , I have a two car garage behind the house , it ' s just not convient to park out there in the winter , it would have to double the casts I am going to build it myself from 115100 to 3 ., 000 . 00 D . Pordonara ; U . If you were denied the variance to build the carport , would you not bLLilt it ? A _ kVo I don } t believe I would . WITH NO QUESTION FORM THE FLOOR THE HEARING WAS CLOSED PUBLIC HEARING FOR . LAWRENCE J . M I LL I OK OPENED AT S : G4 PM Chairman faker read the application : Ha �+ ing been denied psrmi55iarr to place a Nun - Huck approved single wide Mobile Home on . a private lot at 2490 Bone Plain Road , Freeville , New York in violation of Articcle 1000 , Ssc! ti . on 102�J . b of the Town of Dryden Zoning Ordinarc� e . Under practical difficulties and / or unnecessary hardship as follows : My daughter cannot afford to buy a trailer or a lot and I am putting it in for her . If I busy a new trailer with payments and also pay all my bills and expenses , I would not be ablie to make it . That wroulol leave me nothing tp li + e orr . This trailer is in very good shape that I want to buy and would be able to afford my living wxpenses . I will be petting on a pealed roof and siding as required by the zoning laws . ZSDA 5 ' 7 - 91 PG . 6 UUESTIONS FROM THE BOARD A . Everett : G! How old is the trailer ? r' 1 . 1970 . D . Why does it have to be this particular trailer that is not Hud Approved as opposed to a trailer that is Hud approved ? A . Because I can get it real cheap . The person has build a hou'so and now has the trailer for sale . Q . What ' s the cost difference between this one and one that } s - Hid approved ? A . $ 34 500 . 0z . t A . Everett : an Vo you have water and sewer on the lot ' i A . No , they are coming monday to aprove sewer plans , when the test holes are doug . Will [frill a well . QUESTIONS FROM THE FLOOR Bob 131and stated the 'town should not 6o; anything to decrease their standards , didn ' t see any reascp to do that in this case or any case where it applies to Hud standards . Single wide trailers are allowed and should be Mud Appr caved _ t H . dater clairified the standards set bV Hud in 1974 and Mobil Homes that comply with thoes standards receive Hud approval for safety+ and building materials which are inspected during censtructIon . There can be no determinaticm prior to 1974 if the Mobile Home meets these standards and are not certified as such . A . Everett : 00 Haw large is the property which you wish to place this trailer ? A . 1 have eight acres and will only use the amount that it requires to place the home on It ( 1y 2y 3 or 4 acres ) Andy Morline , of 690 North Wood Read spoke to the Board requesting denieing the r' eq �test for approval . He read into the record the following letter by Eugene L . Madsen : A letter was also read written by Raymond Clark and one written by Sharon and Richard Buechel ; Eugana L, Modson 289 Bona Plain Road FreavlQe, NY May2, t9A1 Dryden Town Saard Dryden, NY Doar Board Mernbera= I and *Filing ha regard to the lraller zoning valance request IFy Lawrence MIIRke That will be pm!39ry ed to you du rinq that Mpy 11 Town Board meeting, Duo Irr emproymont commitments, I am unable to attend lhls magung, I urge you to rejacl the FegLFestad woduncor4r 11h6 same rensonv lhel the code was emnl lshod In the Grsl place, Codas for trallgTr (a& +yell as ail structures) ere vet by Iho tom of drpdGn to piwaa bole the occupants and Rho nolghboring rescdant9 from aduena9 haatih, eafety, and aesthetio Impact9 of suBatandard houeing . Although ilia Bong Plain fload Brea hn;i not IraditionaRy been the fanclEmt at nerghgorhoods, there IS every mnsorl io onoovrege resfdsFkts to ImpmvQ the VD110 01 thOlr surroundingo. 1 bellowo Bone Plain Fioad Is ourrontly toned 'H.C,', the least dea coming at all mning categories_ If the vailange regU0911 were greened, you would " actinq nalinst the Iongolarm fntorl►Ma of the area and the Tawn of Dryden by ipfling io hF&ISt on decent ra91den1la1 slnactUres_ I feel it Is tmpgrative that the Qxisiing codes ba anforcod, Plenso dory lho raquasled t'$rlmica, . sincerely, offlit, �, Eugone L. Madson FFRY 7 , i991 tiA . SCHUO rWN aK ORYDEII Sort mG ['4t}nRD OF APPEALS . DEAR IrR . SCKUG , WE +ARE ip 141 i e YG ATTMD THE BEET E 110 TUN 15wr , HgwE:v�R I,IE k AM' TO I14ptE YOU +>kkc�RF V OUR OPPOSIT1011 TO THE gRAIrrrrlq 4F A L4iR1Ar10E TV LPWREHCE MLLLICFf TO LOCATE A PRE-HUD AFPF♦T-JFt' KDB1L£ 11a1IE 011 90Nt PLr41N RUAD . OUR HO11E rS VERB' L{F,AP, 'IFIf PROPOSED LO'C TICtf plio MC 4b0 NEST WAVT TD SEE NORE OF THF.SE 1YPES 13F TRAILERS ALLOWED - YHC 20HI110 RESTP. [ CTEOrtS -5LMULD 0e � iHOORCEa A14D NE ASK TW- T VOU V0 N41 GRAI11 f11IY '.'APIANCCB �+ FAR a H tS AkEn . THE HE 1011GUR}IOOD HAB 13FF,11 51,M14Y LNPRO.' [ 116 Aiio t#F WISH Ya SEE IT COM' IMJE . OrrE OTHER PRoe LF1i 41C WOULD LIKE Ta DRIN13 TO YGUR PaTTFFIT 1914 19 ON TIIE STETSON PRUPtA Y r 'r M DONE PLASH RD , THIZP WZA I) LSCUSMID I oCTflBFR ieO ANU THE TWO DECR7=PIT TRAILERS AF2E v ILL nH EYESORE , THEY u1FRF PI,rr l'NrR£ ILLEGALLY AIID WE u1QHQ%R WNY THEY $IFWE NOT UEEn RE9UrREry Ta r1q.'E TFrFir OUT , TFIANK YUU FOR YOUR ATTENTLON TO TaiESF FiATTEIaS - S Lryr£1'ELY SHAROH' a , 6UECIiEL R 1 CKt,RD E , BUECHEL 98 GONE PLA M R4 . FREEV [LLE Flay CloA 28$ 6pne Pl In Road Fr9evllle, NY May 21 1931' TO; Dryden Town t3p}a.rd REGARDIXG; L. sA illlCk'a3 applfcatfon to enact a nom•H1.11) Iraller Ploasw reMet thl& app[ mftn . I wi3M my nafphborhood to gel better, not worm Fa irng to enforce ;aning codes doe& a dis&erVas to the ompanis 0 riarwcoda bulldlnps, to the mlgbbarhood, and to the Town of Dryfron_ ZPOA 5 - 7 - 91 PG . 7 ZBOA - 7 - 91 PG . 8 Many in attendance spoke out against the variance and stated that the Town should enforce the rule that requires HUD APPROVED Mobile Homes being placed on new sites . Dave Christie stated he lived on Bone Plain Road , the block between bone Plain Road and Peruville Road is one of the few , and thought there was only one other area in the Town of Dryden that permits single wide trailers . It is already the most permissive zone in the Town and the variance committee will due the Town a disservice if you allow any non Hud Approved Trailer be placed in the Town . Concerned about the tax base and devalue of property if the zoning laws are not enforced . B . Clapp wished to go on record that she opposed the variance . The last variance which was heard concerning a trailer in the area was turned down and yet the trailer is still there . It is very hard to enforce the zoning laws , and it brings down the value of property in the area . HEARING CLOSED PUBLIC HEARING OPENED FOR HI - SPEED CHECKWEIGHER CO . , INC . AT 8 : 33 PM Chairman Baker read the following application : Having been denied permission to erect a sign at the new headquarters building for HI -SPEED CHECKWEIGHER CO , INC . at the corner of Hanshaw and Barr Roads , Dryden , N . Y . in variance to Section 1500 , Table 1 of the Town of Dryden Zoning Ordinance . Under practical difficulties and / or unnecessary hardship is as follows : To facilitate an evergreen barrier between our property and hanshaw road and to allow Hi -Speed to have a sign that would identify our facility and be pleasing to the eye and surrounding environment , we request this variance . As shown on Drawing . CD-7 ( attached ) , the sign would be constructed of the same split base block material as our building and have raised letters identifying HI - SPEED . It is our opinion that this would . be both aesthetically pleasing and would not cause a hazard to traffic on Hanshaw Road . Additionaly , location compliance , would place the sign within the Town required parking area causing the need of a variance for that . Z BOA 5-7- 91 PG . 9 Wayne R . Barr spoke for Hi — Speed stateing that what is purposed is a r5ign four feet high . Th@ trees would be Blue Spruce and would be six and eight feet high and keept trimed in front of the sign a g purposed 18 " hedge . The Iettersx the total sign would be four . foot high and ten feet long on each of the two wings of the " V " . The . H1 SPEED would be in 121 " letters and then the CHECKWEIGHER CO . , INC would be in 811 letters . The reason I am asking for this variance is when I appeared i NOTICE OF DECISION TUESDAY MAY 07 , 1991 A public hearing to consider the application submitted by LAWRENCE MILLICK . of 284 Bone plain Road , Freeville , New York who is requesting permission to place a Nan —Hud approved Mobile Home at or about 290 Bone Plain Road , Freeville , New York and is requesting a variance to Article 1000 Section 102 — J . b of the Dryden Town Zoning Ordinance . A public hearing was duly conducted by the Town of Dryden Board of Zoning Appeals on Tuesday , May 71 1991 with members present : Chairman , John Baker , Dominic Bordonaro , Ann Everett , Alan LaMotte , and Francis DiTommaso . FINDINGS : 1 . The applicant failed to prove any practical difficulties or unnecessary hardships . 2 . There was significant neighborhood opposition to the granting of ! this variance , there was in fact eight neighbors that either came in person or sent letters testifying against the variance . ® A motion was made by Francis DiTommaso that based on the findings the variance by denied . Second to the motion was made by Ann Everett , VOTE YES ( 4 ) A . Everett , F . DiTommaso , J . Baker and D . Bordonaro . NO ( 1 ) A . LaMotte ABSTAINED ( 0 ) ' DECISION : VARIANCE DENIED . Respectfully submitted , G r &(2 John Baker , Chairman ® jr NOTICE OF DECISION TUESDAY MAY 07 , 1991 A public hearing to consider the application submitted by DAVID JOHNSON of 13 Sheldon Road , Freeville , New York who is requesting permission to erect an attached car port to his existing home at 13 Sheldon Road , Freeville , New York address which would be closer than the required 70 feet from the center of Sheldon 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 , May 71 1991 with members present : Chairman , John Baker , Dominic Bordonaro , Ann Everett , Alan LaMotte , and Francis DiTommaso , FINDINGS : 1 . The applicant failed to prove any practical difficulties or unnecessary hardships . A motion was made by Ann Everett that Mr . Johnson be denied the request variance as requested . Second to the motion was made by Francis DiTommaso . VOTE YES ( 5 ) A . Everett , F . DiTommaso , A . LaMotte , J . Baker and D . Bordonaro . NO ( 0 ) ABSTAINED ( 0 ) DECISION : VARIANCE DENIED . Respectfully submitted . , ohn Baker , Chairman jr NOTICE OF DECISION TUESDAY MAY 07 , 1991 , A public hearing to consider the application submitted by HI -SPEED CHECKWEIGHER CO . INC . of 5 Barr Road , Ithaca , New York requesting permission to erect a free standing sign closer than the required 15 feet from the edge of the Hanshaw Road right - a - way requiring a variance to Section 1501 of the Dryden Town Zoning Ordinance . A public hearing was duly conducted by the Town of Dryden Board of Zoning Appeals on Tuesday , May 71 1991 with members present : Chairman , John . Baker , Dominic Bordonaro , Ann Everett , Alan LaMotte , and Francis DiTommaso . FINDINGS : 1 . The case has a minor impact on the community based on the fact that the proposed sign is aesthetically pleasing , smaller than allowed and the plan shows that it is well landscaped . 20 Practical Difficulties were created by Site Flan Review . A motion was made by Francis DiTommaso that based on the findings the variance be granted . Second to the motion was made by Alan LaMotte . VOTE YES ( 4 ) A . LaMotte , F . DiTommaso , A . Everett , and J . Baker . NO ( 1 ) D . Bordonaro ABSTAINED ( 0 ) DECISION : VARIANCE GRANTED . Respectfully submitted , John Baker , Chairman jr NOTICE OF DECISION TUESDAY MAY 074, 1991 A public hearing to consider the application submitted by GLORIA HOWSER OF 360 Harford Road , Dryden , New York to remove a condition attached to an April 1975 variance granted to her late husband , " Limiting use of a Mobile home placed at 360 Harford Road which is within a non — mobile home Zoning District " to his life time be removed and is requesting a variance to Section 701 of the Dryden Town Zoning Ordinance . A public hearing was duly conducted by the Town of Dryden Board of Zoning Appeals on Tuesday , May 71 1991 with members present : Chairman , John Baker , Dominic Bordonaro , Ann Everett , Alan LaMotte , and Francis DiTommaso . FINDINGS : 1 . The applicant demonstrated in dollars and cents a $ 25 , 000 hardship 2 . There was no neighborhood opposition to the granting of this variance in fact one neighborhood family was in support of granting the variance . A motion was made by Dominic Bordonaro that based on the findings the variance be granted . Second to the motion was made by Francis DiTommaso . VOTE YES ( 4 ) A . LaMotte ; F . DiTommaso , J . Baker and D . Bordonaro . NO ( 1 ) A . Everett . ABSTAINED ( 0 ) DECISION : VARIANCE GRANTED , 1 Respectfully submitted , ohn Baker , Chairman jr _ i