HomeMy WebLinkAbout1991-06-04 TOWN OF DRYDEN
ZONING BOARD OF APPEALS
JLJRUE 45 1991
MEMBERS PRESENT : Chairman ,hack Dakar , Dominic Pordonaro , Alan
LaMotte , Francis DiTommaso , and Rnn Everett .
ALSO PRESENT BUT NOT LIMITED T0 . Henry Slater , Karel Westerling ,
Robert Munch , Ken Gardnerf Leslie Brown , Ronald Cobb and Douglas
Brown .
I
T1 ) e Zoning Board of Appeals Meeting was call to order on
June 4 , 1991 by Chrairm �tn Jack Baker at 7 ; 3@ PM .
The first scheduled variance was as follows :
KAREL Rm WESTERLING of 349 Bone Flair, Road , Freeville , Mew York
to extend his existing single - family home closer then the
regUIred 70 feet from the center of Bone Plain Road and is
regUesting a variance to Section 804 . 1 of the Dryden Town Zoning
Ordinance .
Under practical difficulties andJor unnecessary hardship i�Ls �
follows : ( Chairman Raker read the following statement prepared �
by Karel Westerling and noted the drawing submitt@d ) m
P ,
May 74 1991
349 Bane Plain Road
lFreeuille, NY 1306�
I
Rear 2onlog Woord of RRpeola Member s :
tUe are requesting a variance I thio rtre0 sPthjirk requtremenIs In
ariteT to esrtend UK home . The home was constructL*d to the early to
mid Igoo ' s end is 44 feel tram the center line of the current rood . Our
addition will not eHtend anq ctasor than the eidsting home, In fact , the
trees neat to our home are only Z1 feet from the curter line. j
In order to comply with current .setback requirements , our home
would have be be moved beck 26 feet. Tills would cost In eHeess of
125 , 000 In order to:
+ build a new sewer (old Is behind IhP home)
+ moue electric and ureter lines
+ build new foundation
+ moue home
Thls seems to be an eotfemely high cost for a house which predales the
setback requirement bg ouer 109 years . I don' t believe a variance
ueould harm the town's Inlerests as :
+ u!e ore not coming any Miter to the read then the eidsting home
+ trees and the barn are also uerg close to the reed
8 there is ne structure direcilg across tram the home , and the homes
across front us dowrr the road ere ell 1 no plus feet from the road, sa e
road mldening could be done rrnrn that side.
Thank Maur for your consideration, i
Slncnrel[� ,
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ZBOA 6 - 4 - 91 PG . 3
® Mr . Westerling stated he had spoke with the three neighbors
within a quarter of a mile that have structured houses and no
one had an objection .
QUESTIONS FROM THE BOARD
A . Everett : Q . How big a parcel of land do you have ?
A . Four and a half acres , just a little under
five .
Q . Where do you keep your car ?
A . There is a big old barn and we park in front of
that . The barn is about 70 feet from the house
to the West .
With no comments from the floor the Public Hearing was
closed and deliberations began on the variance at 7 : 38 and the
hearing reopened at 7 : 41 with the attached motions made granting
the variance .
PUBLIC HEARING FOR ROBERT MUNCH OPENED AT 7 : 45 PM
Chairman Baker read the following application :
Robert Munch of 259 West Dryden Road , Freeville is here
having been denied permission to build a garage at 58 feet + / -
from the center line of the road at his residence at 259 West
Dryden Road .
Under practical difficulties and / or unnecessary hardship is
as follows : The garage can only be 58 feet from the center line
of West Dryden Road because our existing well sits only six feet
behind this proposed garage ( enclosed photos and survey with
garage penciled in ) .
, Mr . Munch referring to the pictures said that they showed
there would be no obstruction to traffic as the front of the
garage would be behind the trees and telephone pole which
are already on the site . The pink flag shown in the
pictures was 58 feet from the center line and indicated the
front of the proposed structure .
I
ZBOA 6 - 4 - 91 PG . 4
QUESTIONS FROM THE BOARD
A . Everett : Q . Your garage looks considerably larger than the
house ?
A . No , the garage is quite a bit smaller than the
house . The sketch is not to scale . The house
is 24 x 48 and the garage is 24 x 36 .
F . DiTommaso : Q . In order to comply you need 70 feet right ?
( from center of road ) Why wouldn ' t you make it
12 feet shorter ?
A . If I make it 12 feet shorter it wouldn ' t be a
garage , it would be a shed The plan was to
build a garage for two cars with a shop in the
end .
We didn ' t want to attach it to the house , or
have it any closer for insurance reasons . We
were told we wouldn ' t have an additional
insurance premium ( if it were placed at the
location on the sketch ) .
J . Baker : Q . Is there any thing to prevent it from being
started right behind the well ?
® A . We would have to extend the drive way
considerably . I did see Dave LaPoint after
talking with Henry Slater to get a proposal to
move it to the other side of the house . He
came up with about $ 3 , 500 . 00 , to build a drive
way and fill in the area if I were to put the
garage on the other side , the only other
practical place to put it .
Mr . Munch also explained this seemed like the most logical
place to have it . If it were placed perpendicular to the . house
he would lose most of his drive way and they have four cars in
their family and need the outside parking .
The garage would be six feet from the well and wanted to
leave at least that amount of space in case anything went wrong
with the well it would give them space to work .
The shop is for wood working , refinishing an antique motor
cycle , home use .
ZBOA 6 - 4 - 91 PG . 5
® D . Bordonaro : Q . Why can ' t you shorten up the garage and place
the shed at an angle ?
A . The material package from Wicks didn ' t count
for any alterations . They offered me a
reasonable price for the garage I thought I
needed . I talked with Henry Slater and he
thought the well would be a hardship .
If he had to place the garage on the other side of the house
it would be parallel to the road and to the house . He hadn ' t
measured the property on the other side but it would probably
conform but it would be a $ 3 , 500 . 00 expense .
Forms have been placed at the location to take pictures
for the Board to visualize ) and Utilities have been run , the
footer has not been poured . The drive way is already there and
he wouldn ' t have that expense .
All the utilities come off the West side of the house and if the
garage were placed on the other side of the house they would
have to be rerouted behind or through the house .
J . Baker noted two letters received from neighbors , Angie
Stetson and William George , who had no objection to the
variance .
A . Everett : Q . How many doors will the structure have ?
A . One 1E x 7 overhead door , and a 36 x 80 entry
door .
Discussion on the well and line to the house and the
hinderance of placing the garage in compliance on the side
wanted .
WITH NO QUESTIONS FROM THE FLOOR THE HEARING WAS CLOSED
8 * 45 PM PUBLIC HEARING FOR LESLIE BROWN
J . Baker read the following application :
Having been denied permission to install a mobile home
within an R . B . Zoning District at 170 Sodom Road , Ithaca , New
York in violation of Section 701 - allowed use - under practical
difficulties and / or unnecessary hardship as follows %
® I would like a variance to install a mobile home on my
property . Please see attachments for explanation and location .
zi' fo
May 13 , 1991
® 1 , Leslie M . drown 11 of 1. 70 Sodom Rd , Parcel 1D 502489
75 - 1 - 25 - 75 - 1 - 24 , request a variance to place a mobile home on
my property , This Is for my mother , Joann 0 . Brown , currently
Of 415 Mott Trailer Park , Mott Rd , Dryden . Due to injuries
sustained at her place of work she has become disabled . She is
no longer financially capable to l .i, ve at her present address
due to rent increases .
The mobile home Is a 1982 Peerless , It has vinyl siding ,
shingled roof and is in excellent condition . Said mobile home
will be placed so it is not visible from Sodom Road , Please
see survey map ,
Sincerely ,
Leslie M . Brown Il'
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174 Sodom Road
Ithaca , New York 14850
31 May 1991
Henry 11 . Slater
Zoning Officer
Town of Dryden
Re: Request by Mr , Leslie Brown for a zoning variance to place a mobile home on his property at
170 Sodom Road , Ithaca , New York ,
Dear Mr , Slater :
Since we received notice of the public hearing on this matter only yesterday , Play 30 , and will be
out of town on Tuesday , June 4 , we can not attend the hearing. Based on our phone conversation of
this morning , May 31 , we wish the Zoning Board to consider the foliowinq:
1 . We very much like the Browns , whose property is next to ours , We admire how beautfiully
® they maintain their property , and know that If the variance were granted , they would maintain the
mobile home and its grounds carefully.
2 . When we purchased our home three years ago , we paid a considerable amount of money for it.
The cost was partially due to the Zoning ordinance in our area. We feel that a permanent mobile
home installation would negatively Impact the financial value of our and neighboring properties ,
sveral of which are now on the market . We are therefore against either a permanent or " lifetime
of the owner " variance for a mobile home installation .
3 . We are concerned for Les Brown ' s mother and we would cwelcome her as a neighbor , We would
endorse a provision that her mobile home be placed on Les Brown ' s property for a short period of
time ( three years , for instance ) and that no review and no extensions of time be granted. By the
end of three years the trailer would have to be removed. This would permit the Browns time to
construct a permanent - type home which does conply with zoning standards. We are , however ,
against any variance based on either permanent or long - term installation of a mobile home .
Sincerely ,
Ka erine K . Gottschalk
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YL . Paul
ZBOA 6 - 4 - 91 PG .
. Chairman Baker read the letter from Katherine Gottschalk and
John Paul into the record . ( copy on page 1 )
Ron Cobb lives across the property and agree with their
point of view that if a variance were granted it be a
limited variance .
Ken Gardner of 1 Sherwood Drive stated he has had a house on
the market there for three years and was concerned . He
would be very disturbed if a Mobile Home were placed on the
property due to the neighborhood having a marketability
problem . He didn ' t doubt Mr . Brown would take care and have
a presentable , well kept parcel . But he didn ' t need
anything additional to hurt his property sale .
RUESTIONS FROM THE BOARD
A . Everett : 0 . What kind of base would the trailer be placed
on ?
A . What ever would be necessary to keep with the
code .
A . LaMotte : 0 . Is your mothers disability a permanent
situation ?
A . Yes it is . She is 60 years of age .
® F . DiTommaso : D . Do you plan to add on to the house , for long
term , to accommodate her ?
A . No , I hadn ' t thought of that option .
Douglas Brown , brother , stated their mother owns the
trailer . It is her home and the biggest problem is the rising
cost of the park and garbage pickup . We have been subsidizing
her income for the last 6 or 8 months .
Leslie stated he will have a considerable expense placing
water and sewer , approximately $ 8 , 000 . 00 . She wishes her
own independence . The park rent will be going up to $ 180 or
$ 200oZO . She worked for Smith Corona and is still in the
process of the disability settlement .
J . Baker explained the limited scope and guide lines that
the Board has to use to determine criteria for a variance use
and unnecessary hardship . The applicant has to prove the land
in question can ' t yield a reasonable return if it was used only
for that specific use . The plight of the owner has unique
® circumstances and noty the general conditions of the neighborhood
which may reflect on unreasonableness of the Zoning Ordinance .
The Board has to also consider the impact on the neighborhood .
ZBOA 6 - 4 -91 PG . 9
Ron . Cobb said his mother is in the same situation and is in
subsidized senior housing in Slaterville and would like to see
those avenues pursued .
R . Munch spoke on behalf of Mr . Brown saying he knew of his
work and has known him for many years and would not detract from
the neighborhood .
Noted that all of the comments heard were of the same
opinion about the Brown family and the concern was with the
allowed use .
HEARING CLOSED
DECISIONS ATTACHED
Motion by F . DiTommaso to adjourn . Second A . Everett . Meeting
Adjourned .
Respectfully Submitted
NOTICE OF DECISION
TUESDAY JUNE 04 , 1991
A public hearing to consider the application submitted by KAREL R .
WESTERLING of 349 Bone Plain Road , Freeville , New York to extend his
existing single family home closer than the required 70feet from the
. center of Bone Plain Road and is requesting a variance to Section 804 . 1
of the Dryden Town Zoning Ordinance .
A public hearing was duly conducted by the Town of Dryden Board of Zoning
Appeals on Tuesday , June 4 , 1991 with members present : Chairman , John
Baker , Dominic Bordonaro , Ann Everett , Alan LaMotte , and Francis
DiTommaso .
FINDINGS :
1 . The requested addition is no closer to the center line of the
road than the existing building .
2 . Although the immediate neighbors were notified , there was no
neighborhood opposition to the granting of this variance .
® A motion was made by Dominic Bordonaro that Karel Westerling be granted a
variance to extend the single family home closer than the required 70
feet .
Second to the motion was made by Francis . DiTommaso .
VOTE YES ( 5 ) F . DiTommaso , J . Baker , D . Bordonaro , -
A . LaMotte and A . Everett .
NO ( 0 ) ABSTAINED ( 0 )
DECISIUNs VARIANCE GRANTED .
Respectfully submitted ,
John Baker , Chairman
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NOTICE OF DECISION
TUESDAY JUNE 04 , 1991
A public hearing to consider the application submitted by LESLIE M .
BROWN of 170 Sodom Road , Ithaca , New York to install a mobile home on
his property 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 , June 41 1991 with members present : Chairman , John
Baker , Dominic Bordonaro , Ann Everett , Alan LaMotte , and Francis
DiTommaso .
FINDINGS :
1 . The applicant failed to prove the unnecessary hardships required
for the granting of the variance . .
2 . There was neighborhood opposition to this particular variance
request .
A motion was made by Francis DiTommaso that based on the findings Mr .
® Brown be denied the variance requested .
Second to the motion was made by Ann Everett .
VOTE YES ( 4 ) F . DiTommaso , J . Baker , D . Bordonaro ,
and A . Everett .
NO ( 1 ) A . LaMotte ABSTAINED ( 0 )
DECISION : VARIANCE DENIED .
Respectfully submitted ,
ohn Baker , Chairman
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NOTICE OF DECISION
TUESDAY JUNE 04 , 1991
A public hearing to consider the application submitted by ROBERT MUNCH
of 259 West Dryden Road , Freeville , New York to build a garage at 58 + / —
feet from the center of road rather than the required 70 feet from the
center of West Dryden Road and is requesting a variance to Section 754 . 1
of the Dryden Town Zoning Ordinance .
A public hearing was duly conducted by the Town of Dryden Board of Zoning
Appeals on Tuesday , JUTIP 4 , 1991 with members present : Chairman , John
Baker , Dominic Bordonaro , Ann Everett , Alan LaMotte , and Francis
DiTommaso .
FINDINGS :
1 . The applicant failed to prove practical difficulties and the
unnecessary hardships required for the granting of the variance . .
® A motion was made by Ann Everett that Robert Munch of 259 West Dryden Road
Freeville be denied the variance as requested .
Second to the motion was made by Francis DiTommaso .
VOTE YES ( 5 ) A . LaMotte , F . DiTommaso , J . Baker
D . Bordonaro and A . Everett .
NO ( 0 ) ABSTAINED ( 0 )
DECISION : VARIANCE DENIED .
Respectfully submitted ,
ohn Baker , Chairman
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