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Home My WebLink About1991-07-02 TOWN OF DRYDEN ZONING BOARD OF APPEALS • JULY 029 1991 MEMBERS PRESENT : Chairman John Baker , Ann Everett , Dominic Bdrdonaro , Francis DiTommaso and Alan LaMotte . Also Present but not limit to : Henry Slater , Elizabeth Corrigan , Gary Wade , John Hanrahan , Esq . , Richard and Doris Wood , Mr . and Mrs . Rumsey - Sullivan , Joyce Pierce and Charles Leonard . The Zoning Board of Appeals meeting was called to order on Tuesday , July 21 1991 at 7 : 37 PM by Chairman John Baker . The next meeting will be held on July 30 , 1991 at 7 : 30 PM . 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 : Having been denied permission to build a multiple dwelling ( 4 family ) apartment house at 241 West Dryden Road , Freeville , New York in violation of Section 751 allowed uses , of the Town of Dryden Zoning Ordinance . Under practical difficulties and / or unnecessary hardships are as follows : I , Gary L . Wade , purchased my property located at 241 West Dryden Road , Freeville , N . Y . on February 29 , 1984 and subsequently paid off the land contract on February 21 , 1987 . Upon purchasing the property , my sole intent was to clear off the land and install the driveways ( as I could afford it ) in preparation for the construction of an apartment building . This planned multiple dwelling was to be not only a major investment for me , but also my permanent residence . Since my purchase of the property in February of 1984 , I had begun preparing the site ( removal of brush , trees , etc . ) and had been saving money to put towards the financing of the house . I was , however , unaware that the Zoning had changed in 1988 . This zoning change will only allow single or double family dwellings , not multiple ( 4 family ) dwellings ; as I had ® planned . ZBOA 7 -2 - 91 PG . 2 If my request for a variance should be denied , I would be forced to let the land sit vacant , as it is now , for I have no desire or means to develop it in any other way . I respectfully request that the board consider my predicament and approve the variance I seek . Mr . Baker read a letter dated April 24 , 1991 which stated ; " I , Viola Lorer , residing at 233 W . Dryden Rd . , Freeville , N . Y . 13068 do hereby state that I have ' know Gary L . Wade since January 1981 and that it is indeed a fact that Mr . Wade purchased his property on February 29 , 1984 located at 241 W . Dryden Road , Freeville , N . Y . 13068 ( Tax map # 33 - 1 - 5 . 4 ) for the sole purpose of constructing a four unit apartment building at that location " . Also a letter dated April 24 , 1991 : " I , Joe Onofrio , owner and operator of T & J Builders , 12 Silk St . Newark Valley , N . Y . 13811 do hereby state that I accompanied Gary L . Wade to Avis , Pa . on Saturday , January 21 1988 for the purpose of touring the Avis Modular Homes factory as well as an Avis four- plex ( model ) apartment building on site . It is also true , that throughout the day , Mr . Wade and I discussed his plans for locating such an apartment building ® on has property located at 241 W . Dryden Rd . Freeville , N . Y 13068 ( Tax map # 33- 1 - 5 . 4 ) " . Both letters were notarized . QUESTIONS FROM THE BOARD F . DiTommaso : Q . When had you noticed that the Zoning had changed ? A . It was around the first of this year . He had decided to do something with the property , had been waiting for a decision on DR -7 also . Learned of the change when discussing the matter with the Zoning Officer . A . Everett : Q . The area allows for single and two family homes . How would it compare in price if you built 2 two family homes compared to what you have submitted . A . Has not pursued that , but would think it would be much more expensive . Separate septic systems and perhaps separate wells . A duplex ® would cost around $ 80 , 000 . 00 just for one . �I ZBOA 7T2 -91 PG . 3 Continued A . The four plea is approximately the same price as one , plus the added costs of the wells and aeptic , i witht . taxes would costs more . With the plan submitted would curly need one well and one septic , R . Inquired if the Health Department had been involved with the design of system . A . He had and they feel that it is feasible for a I, septic system to be installed with flow restrictions in the house . He has met with John Anderson , who saw the 8 bedroom plans and thought the next step was to obtain a 1 variance . 5- . DiTommatso : In your appl, ic:� ation Vou stated you have prepared the site removed the brush # etc . . Is that al l you ' ve done ? A . Also had two culverts put in for the II driveways . Has spent two to three thousand l over the span of years clearing the brush and maisin ,y improvements to the land . Has spend at) out 'three or four hundred for the culvert instillation . 00 The 26OZ dollars have been improvements ynu ' ve made to the land and if suve' one were to buy that piece of land it would he added value to the property . R . It has worked in reverse , Joan . Portzline , agent stated people preferred the brush and trees for privacy so by clearing the field has decreased the value , according to her . D . Bordonaro : Q . What would you do with the land if you were turned down for a variances Would you build yourself on the land ' RO Indicated would let is set until a decision was reached on DR —? . not certain if he could sell a vacant lot to the County . R . You stated in your application this would be a place for your home as well as your investment + A . Now lives at 33 ,E West Dryden Road. and has no immediate need to build a residence . ZBOA 7 -2 -91 PG . 4 Mr . Wade stated he didn ' t feel placing the apartment on this land would change the characteristics of the neighborhood as ® West of his lot , there is a five family apartment house . QUESTIONS FROM THE FLOOR In answer to questions concerning rent and space , Mr . Wade answered they were two bedroom apartments and would rent for around $ 500 . 00 a month . HEARING CLOSED AT 7 : 55 PM HEARING FOR RICHARD AND DORIS WOOD OPENED Attorney John Hanrahan from Williams , Clune and Stevens stated that their law firm has been representing the Woods . The request stems from an accident that took place about eleven months ago when Dick Wood , he was employed by Ithaca Rigging a company in Ithaca which lifts and moves buildings , a tire blew while he was driving through Ovid and the truck rolled over , threw him out and he was rendered a paraplegic as a result of the accident . What we ' ve been doing for the last 10 or it months is working with the State Insurance Fund under the Workers Compensation Regulations , concerning the provision for living quarters that are acceptable under Workers Comp . regulations , handicap accessibility . They have specific guidelines concerning electrical systems , fire hazards are a real concern . The house they reside in now is the one directly in front of the proposed site . After a review of their present house the State Insurance Fund found it unsound to upgrade for the handicap accessibility needs . They will place a modular home for their needs on the site which requires a variance . Chairman Baker explained the variance request was for road frontage variance . QUESTIONS FROM THE BOARD Area size is . 09 acres . This is not a new lot but has existed several years . D . B, ordonaro : Q . Are these separate parcels shown on the map , obviously they are continuous , they belong to the same person . J . Hanrahan : A . They are three separate parcels . Two belong ® to Doris Hitchcook and the one we ' re talking about belongs to Richard Wood and Doris Hitchcook , his wife . It was purchased on a land contract in 1989 . ZBOA 7 - 91 PG . S The board discussed the possibility that the Health Department may have a problem , however Attorney Hanrahan stated the Health Department stated get the variance and then see them . It remains uncertain if a permit could be obtained . The Woods would move from their present home into the new one and may rent their present home to a family member , but have no intention of selling . They would have preferred to stay where they are however , because Richard Woods name is not on the deed they will not upgrade that home ( it may not meet requirements for upgrading ) . The attorney stated that for whatever reason , estate etc . , his name is not and would not be placed on the deed . The Insurance Fund will not place a home on property not owned by the claimant . The Insurance Fund provides the house only and the claimant takes on the responsibility of running utilities and services to the home . QUESTIONS FROM THE FLOOR Mr . and Mrs . Rumsey -Sullivan noted concern of the quality and access because , it would sit behind their home and look down into their property . They set back also and Mrs . Wood stated to them that the new house will face away from them . The modular home will be approximately the dimensions as the home they are now in . ® It was noted that the driveway should and would be accessible for emergency vehicles as Mrs . Wood stated the insurance fund had to be satisfied with accessibility . HEARING CLOSED AT 8 : 20 PM . HEARING OPENED FOR JOYCE PIERCE Chairman Baker read as follows : Having been denied permission to build a two bedroom ranch with basement at 661 Irish Settlement Road in Dryden . It is in violation of Sections 803 . 2 and . 4 ; 804 . 1 and . 2 ; and Section 1704 of the Town of Dryden Zoning Ordinance . Under practical difficulties and / or unnecessary hardships are as follows : The existing original house was destroyed by fire on January 9 , 1991 . The original house did not meet set back requirements . The new one cannot meet all set back requirements as same owner wishes to rebuild on the same lot . ® A certificate of completion / approval of sewage disposal system dated 11 / 10 / 68 was also submitted from the Tompkins County Department of Health . ZBOA 7 -2 -91 PG . 6 QUESTIONS FROM THE BOARD Through questions with Mrs . Pierce it was determined that she had lived in the house since 1975 and the property was purchased when she and her husband were married . The property is approx . 4 / 10 of an acre . The reason for the variance being needed is that the fire destroyed over 50% of the house . If it had been less there would be no need for a variance , even though the land did not conform . There was 100 % lost . Mrs . Pierce stated she lives at Willowbrook Manor in Dryden and doesn ' t know if she would rent or sell once she placed another home on the land . She may live there or with one of her children but because the land doesn ' t meet the requirements she would be unable to do any thing with the land . She believes that the Septic System conforms as long as she replaces with a two bedroom home . For 16 years they paid the taxes on the back property only to learn that it was not part of their property when it was ® surveyed , and the house sits 2 / 10 ' s of a foot off the rear line . A letter is on file from Mahlon Perkins , Esq . trying to locate someone who was related to the last owner of record ( Alston in 1948 — a quitclaim deed ) and isn ' t able to resolve the matter . without lentghly Court proceedings and with no guarantee of success . The house will be placed in the same spot due to the system and well location-. With nothing further and no questions from the floor the hearing was closed . HEARING CLOSED AT 8 : 40 PM The Zoning Board of Appeals reopened the meeting and made the motions which are contained in the decisions . Fran DiTommaso moved to adjourn , second by Ann Everett . meeting adjourned . DECISIONS ATTACHED Respectfully Submitted , NOTICE OF DECISION TUESDAY JULY 02 , 1991 00 A public hearing to consider the application submitted by GARY WADE of 241 West Dryden Road , Freeville , New York to build a Multiple Dwelling ( 4 family ) Apartment House and is requesting a variance to Section 751 of the Dryden Town Zoning Ordinance . A public hearing was duly conducted by the Town of Dryden Board of Zoning Appeals on Tuesday , July E , 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 to grant a variance . A motion was made by Ann Everett that Gary Wade be denied a variance as requested due to the findings . Second to the motion was made by Francis . DiTommaso . VOTE YES ( 4 ) F . DiTommaso , J . Baker , D . Bordonaro , and A . Everett . NO ( 1 ) A . LaMotte ABSTAINED ( 0 ) DECISION : VARIANCE DENIED . Respectfully submitted , John Baker , Chairman jr NOTICE OF DECISION TUESDAY JULY 029 1991 A public hearing to consider the application submitted by RICHARD AND DORIS WOOD of 23 - 3 Hanshaw Road , Ithaca , New York to build a Residential structure and is requesting a variance to Section 753 . 1 of the Dryden Town Zoning Ordinance . A public hearing was duly conducted by the Town of Dryden Hoard of Zoning Appeals on Tuesday , July 2 , 1991 with members present : Chairman , John Baker , Dominic Bordonaro , Ann Everett , Alan LaMotte , and Francis DiTommaso . FINDINGS : i . The applicant proved unique circumstances based on State Insurance Funds requirements . A motion was made by Alan LaMotte that based on the findings Mr . and Mrs . Wood be granted a variance as requested . Second to the motion was made by Dominic Bordonaro . VOTE YES ( 5 ) F . DiTommaso , J . Raker , D . Bordonaro , A . LaMotte and A . Everett . NO ( 0 ) ABSTAINED ( 0 ) bECISIONG VARIANCE GRANTED . Respectfully submitted , 1 1 8 't9t, John Baker , Chairman jr NOTICE OF DECISION TUESDAY JULY 02 , 1991 A public hearing to consider the application submitted by JOYCE PIERCE of 661 Irish Settlement Road , Freeville , New York to build a ( 2 ) bedroom ranch home and is requesting a variance to Section 803 . 2 & 41 804 . 1 & 2 and 1704 of the Dryden Town Zoning Ordinance . A public hearing was duly conducted by the Town of Dryden Board of Zoning Appeals on Tuesday , July 21 1991 with members present : Chairman , John Baker , Dominic Bordonaro , Ann Everett , Alan LaMotte , and Francis DiTommaso . FINDINGS : 1 . The applicant proved significant economic hardship . A motion was made by Ann Everett that Joyce Pierce by granted the variance as requested . Second to the motion was made by Alan LaMotte . VOTE YES ( b ) F . DiTommaso , J . Baker , D . Bordonaro , A . LaMotte and A . Everett . NO ( 0 ) ABSTAINED ( 0 ) DECISION : VARIANCE GRANTED . Respectfully submitted , John Baker , Chairman jr Dates JLtne 24th , 1991 To : Jack Baker Chr . , Dryden Town Z . Be A . 5 Knollwood Drive Freeville New York From : Henry M . Slater , Zoning & Building Cade Enforcement Office Town of Dryden 65 E . Main Street Dryden , New York 13053 Sub . : July 2nd , 1991 Z . B . A . Agenda . Dear Jack : Please find enclosed copies of ( 3 ) applications and supporting documents , requesting variance hearings for Tuesday July End 1991 . 7a30 Gary Wade of 241 West Dryden Road , Freeville , New York is requesting a variance to build a Multiple Dwelling ( 4 Family ) Apartment House and Multi - Family homes are not among ® those listed under Allowed Uses . 7 . 45 Richard & Doris Woad of 23 �► 3 Hanshaw Read , Ithaca , New York is requesting a variance to build a residential structure at 2303 Hanshaw Road , which is within an R . B . 1 Zoning District . Section 753 . 1 requires 125 feet of road frontage . $ : 00 Joyce Pierce , 661 Irish Settlement Road , Freeville , New York is requesting permission to build a 2 - Bedroom Ranch Horne on her property at 661 Irish Settlement Road , which is within an R . C . Zoning District . Home was destroyed by fire and owner wishes to rebuild home , there are several variance issues involved with this request . Th nk you , Henr M . Slater CC : All Members of the Dryden Town Z . B . A . Jean Ryan , Rec . secretary , Dryden Town Z . B . A . Elizabeth Corrigan , Dryden Town Board ' 1 Y Ithaca Journal News 123 W . State Street Ithaca New York 14850 Atten : Donna Carr , Legal Ads PLEASE PUBLISH no later than WEDNESDAY June 26th , 1991 and bill the Town of DRYDEN . PLEASE TAKE NOTICE that the Zoning Board of Appeals of the Town of Dryden will conduct a public hearing to consider the application of Gary Wade , 241 West Dryden Road , Freeville , ' New York to build a Multiple Dwelling ( 4 Family ) Apartment House , who is requesting a variance to Section 751 of the Dryden Town Zoning Ordinance to do so . SAID HEARING will be held on TUESDAY JULY 2ND9 1991 AT 7 : 30 P . M . prevailing time at the Dryden Town Hall 65 E . Main ® Street Dryden New York at which time all interested persons will be given an opportunity to be heard . Person may appear in person or by agent . Dated : June 20th , 1991 i Henry M . Slater , Zoning Officer Town of Dryden TOWN OF DRYDEN • NEW YORK APPEAL TO BOARD OF ZONING APPEALS TOWN OF DRYDEN Having been denied permission to At o2y/ �'.Peevi�� /�., 1abinryden , N . Y . as shown on the accompanying Application and /or plans . or other supportir ► g documents , for the stated reason that the issuance of such permit vrould be in violation of Section ear Le$ ( .%V . -- A I tWa- 04A6 of the 'town of Dryden Zoning Ordinance the UNDERSIGNED respectfully submits this appeal from such denial And in silpport, of the appeal , affirms that strict observance of the Ordinance would impose PRACTICAL DIFFICULTIES and / or UNNECESSARY IIARDSIIIP as fellows : I , Gary L . Wade , purchased my property located at 241 West Dryden Road , Freeville , N . Y . on February 29 , 1984 and subsequently paid off the land contract on February 21 , 19870 Upon purchasing the property , my sole intent was to clear off the land and install the driveways ( as I could afford it ) in preparation for the construction of an apartment building . This planned multiple dwelling was to be not only a major investment for me , but also my permanent residence . Since my purchase of the property in February of 1984 , I had begun preparing the site ( removal of brush , trees , etc . ) and had been saving money to put towards the financing of the house . I . was , however , unaware that the zoning had changed in 1988 . This zoning change will only allow single or double family dwellings , not multiple ( 4 family ) dwellings , as I had planned . If my request for a variance should be denied , I would be forced to let the land sit vacant , as it is now , for I have no desire or means to develop it in any other way . I respectfully request that the board consider my predicament and approve the variance I seek . ® Sincerely , Gary L . Wade f April 24 , 1991 1 • i To Whom it May Concern , I . Viola Lorer , residing at 233 W . Dryden Rd . Freeville , N . Y . 13068 do hereby state that I have known Gary L . Wade since January 1981 and that it is indeed a fact that Mr . Wade purchased his property on February 29 , 1984 located at 241 W . Dryden Rd . Freeville , N . Y . 13068 ( Tax map # 33 - 1 - 5 . 4 ) for the sole purpose of constructing a four unit apartment building at that . • location . Sincerely , Jl�naJ �Q�t,e ,- Viola Lorer AN!! � Wrlflrl •(/0 BEFr) RF ME NUJ ; . Pt )p j JCL EUZABETN 8. STEFANO Notary Public, State of NIW York No. 4748921 Qualified in Tompkins Terra Exoires April 30, 1 I r, April 24 , 1991 To Whom it May Concern : I . Joe Onofrio , owner and operator of T & J Builders , 12 Silk St . Newark Valley , N . Y . 13811 do hereby state that I accompanied Gary L . Wade to Avis , Pa . on Saturday , January 2 , 1988 for the purpose of touring the Avis Modular Homes factory as well as an Avis four - plex ( model ) apartment building on site . It is also true , that throughout the day , Mr . Wade and I discussed his plans for locating such an apartment building on his property located at 241 W . Dryden Rd . Freeville , N . Y . 13068 ( Tax map # 33 - 1 - 5 . 4 ) . ® S nce , Joe Onofrio ;tU L. 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Q ef y P e 41 sa . i' t Ithaca Journal News 123 W . State Street Ithaca New York 14850 Attend Donna Carr , Legal Ads PLEASE PUBLISH no later than WEDNESDAY June 26th , 1991 and bill the Town of DRYDEN . PLEASE TAKE NOTICE that the Zoning Board of Appeals of the Town of Dryden will conduct a public hearing to consider the application of Richard & Doris Wood , 2303 Hanshaw Read , Ithaca , New York ; who are requesting to build a residential structure and are requesting a variance to Section 753 . 1 of the Dryden Town Zoning Ordinance to dco so . SAID HEARING will be held on TUESDAY JULY 2ND , 1991 AT 7 : 45 P . M . prevailing time at the Dryden Town Hall 65 E . Main Street Dryden New York at which time all interested persons will be given an opportunity to be heard . Person may appear in person or by agent . bated : June 20th , 1991 Henry M . Slater , Zoning Officer Town of Dryden TOWN OF DRYDEN NEW YORK APPEAL TO BOARD OF ZONING APPEALS TOWN OF DRYDEN Having beer ' denied permission to , construct a single family home on Parcel 31 - 1 - 17 . 1 At2 -ini Nanchaw Rnad , Town of Dryden , N . Y . 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 r Section or Section ( s ) R 8 - 7 f, 3- _ 1 � e_rs f� 4h �2� ' A/ FA4 of the Town of Dryden Zoning Ordinance the UNDERSIGNED respectfully subrnits this appeal from such denial and in support of. the appeal , affirms that strict observance of the Ordinance would impose PRACTICAL DIFFICULTIES and /or UNNECESSARY NARDSIIIP as fcallows : SFF ATTACHED-LETTER ® fL If you have additional supporting details of information , please attach such details to tills application an make reference to such attachment . DATED Dryden , N . Y . Applicant Signature : 4.0:;14n�: �� Address * r Phone Number ; Date 4 • LAW OFFICES OF WILLIAMSON , CLUNE & STEVENS 317 NORTH TIOGA STREET POST OFFICE QO% 126 ROBERT 1. WILLIAMSON ITHACA , NEW YORK 1485 1 - 0126 FREDERICK B, BRYANT ROBERT J. CLUNE COUNSEL JOHN ALOEN STEvLNS TELEPHONE ( 607 ) 273 - 3339 ( 1811- 1901 JOHN H . HANRAHAN, 3d JOHN S. McCA.FFREY June 7 , 1991 Henry M . Slater Zoning & Building Code Enforcement Officer Town of Dryden 65 East Main - Street Dryden , New York 13053 RE : Richard and Doris Wood Dear Mr . Slater : Enclosed is an application by Richard and Doris Wood for an area variance in order to construct a one family residence . Also enclosed is a check for $ 50 . 00 to pay for filing fees . Very r /Wil u s msonR a RIW / jak Enc . i� I RE : Richard and Doris Wood Tax Map Parcel No . 31 - 1 - 17 . 1 Application is hereby made for an area variance for the above - described premises , now owned by Mr . and Mrs . Richard Wood . In connection with this application , I enclose a copy of an 11 / 26 / 90 survey map . The premises in question are those listed as being owned by " Harold Goyette " . By deed dated May 10 , 1991 , Mr . Goyette transferred ownership of this property to Richard and Doris Wood . I enclose a copy of this deed for your reference . As you can see , the property is a " rear " lot with only 30 feet of frontage along Hanshaw Road , then continuing 240 feet ® easterly to the bulk of the property in the back . It should be noted that Mrs . Wood owns the lot in the front and to the side of the property in question . An area variance is requested in order that Richard and Doris Wood be permitted to place a single family home on this lot in approximately the location where a trailer is now located and shown on the survey map . The house is to be provided by The State Insurance Fund in connection with injuries Richard received on 8 / 15 / 90 in a work - related auto accident that rendered him a parapalegic . The home in question is a specially - constructed home that is designed for wheelchair accessibility and use . Its dimensions are indicated on the attached drawing , including side line distances . As you can see , applying the provisions of the Dryden Zoning Ordinance to this lot causes significant practical difficulties and severe economic injury to the applicants . The State Insurance Fund will only locate such a house on premises owned by Richard Wood . The only one of the three lots on the enclosed survey map that would meet the insurance company title requirements is the one to the rear which does not meet the frontage requirements of the zoning ordinance . In constructing and locating the house all set back lines will be met . Granting of this variance will result in no public safety hazard nor will it create any difference in the neighborhood . The area is residential and The State Insurance Fund intends to place on the property a 1 - family dwelling . It should be noted that prior to Richard ' s serious injury , the Wood ' s resided in the home located directly in front of the lot in question . Further , only one adult couple will be occupying the house built on the premises and , thus , there will be no inpact on the public health or safety of the community . In fact , the interests of justice will be served by granting the variance , thus enabling a parapalegic the chance to have his own home . It is respectfully requested that a variance be issued in order to permit the undersigned to place this handicapped - accessible home on this lot . The appropriate $ 50 . 00 filing fee is included herewith . Weer truly yours , qr � �r WO. Richard N . Woo Doris H . Wood RIW / jak Enc1s . d d � -6 - do op 0 � 1A I \ � l 3 \ S PE " CER. f G 5 'T / 1o5G Q TALL At)CL6 loom < 3 t• ' I lu Co"C , F0uµ0 X do 83c Zq ' E 400.o' TOTAL, FROM . RO. ALOWC OLD i4EflGE PavuoO U x �-- _ i od v O bOR15 WjmrcRc (> c O O I W 3 DeEIDS TAX MAD OK G06 , PAGfz '1g RI \ Q d at �' a 5 DARCEI I10 . bl - t - 1 3 RO d �t J � FtPE ot�uo $ a p,G� µ We Fo+Hle _.�• — ` . �1�_A¢� ��=f� a way of 'x I- a n I �6 GRAYEI ORIVe t Q•�•L? � I TUAbX OR15 4{ 1TCµpCAGOEC SK � DiaeOS P.,OOK 586t IG (%4AV DAILCISL• "c - � 1 - t- Pi. 4 S 1 940- 51 W 41Z . 3 TO L TOjI'C'- QrO - rA �V oar � Soaa,aaa$O pipek Lt VKOOO Fts1 tC8 3 8 2 . 3 ' DIVE F0 V►l0 ! ROD$ 4Q SET X SvLLIVAU CR • o.) (o415 / Gol I . 11111�1Nuu/�y�r'i r. re �. tlttlA/IOIf" VAS mr rot cncro"tro to ucttor not , t$I o. ltr Alt (1fc tWnl13 , � Off• gncr tq r Wil A1DpIla tru iw► _ • whir 0 ecrlii ItAr 1041nnuisiol = stA OF M 11tt17[0 L4V I01111011 ^C' AND Ytu1t SIMAtuty WEArs rtrta. .• y • w ob .� Fy °• Q190� • . Q, �• F!� 1ANo 01 00000 too 111111111 SURVEY MAP Woo 2301 - 2307 [4AWSNAW QOAD TOW U OF DRYDEW , ''COMP. Co. , Way IJOVEMBER 2G , 1gQ0 SCALE toSGOI T . G . MILLER D. C . , E " GlUEERS j aURVE O • Ithaca Journal News 123 W . State Street Ithaca New York 14850 Atten : Donna Carr , Legal Ads PLEASE PUBLISH no later than WEDNESDAY June 26th , 1991 and bill the Town of DRYDEN . PLEASE TAKE NOTICE that the Zoning Board of Appeals of the Town of Dryden will conduct a public hearing to consider the application of Joyce pierce , 661 Irish Settlement Road , Freeville , New York to build a 2 - Hedroom Ranch home , and is requesting a variance to Sections 803 . 2 & . 4 , 804 . 1 & . 2 & 1704 of the Dryden Town Zoning Ordinance to do_o so . SAID HEARING will be held on TUESDAY JULY 2ND9 1991 AT 8 : 00 P . M . prevailing time at the Dryden Town Hall 65 E . Main Street Dryden New York at which time all interested persons ® will be given an opportunity to be heard . Person may appear in person or by agent . Dated : June 20th , 1991 Henry M . Slater , Zoning Officer Town of Dryden i 1 r • 0 _ y TOWN OF DRYDEN . . 9 NEW YORK APPEAL TO BOARD ' OF ZONING APPEALS y TOWN OF DRYDEN Navin § been denied permission to . •2 ,Qo ,,/� ,� Aso �y At Dryden , N . Y . as shown on the accompanying Application and /or plans or other supporting docurnents , I for the stated reason that the Issuance of such permit would be In violation or Section or Section ( s ) r goo _` 1dte ? 14- / 0y of the Town of Dryden Zoning Ordinance the UNDERSIGNED respectfully submits this appeal frorn such denial and in support of. the appeal , affirms that strict observance of the Ordinance would impose PRACTICAL DIFFICULTIES and /or UNNECESSARY HARDSIIIP as follows : D � Irk 41 1 . I r 1 r If you have additional supporting details of information , please attach such details to this application an make reference to such attachment . DATED DrydenI III Applicant immature : a Address : ' Phone Number ; v � � • �� '2.. ° Date — �/ g! ' a • . 44 YL qb MARLON R . PEkK1NS, P. C. ry ATTORNEYS AND COUNSELLORS AT LAW 20 WEST MAIN STREET a * . • , P0. BOX 21 + bRYDEN, NEW YORK 130053 MAHLON k. PEkkINS TELEPHONE ( 6071 8"W9111 November 29 ; 1090 llrs . Joyce _ Pierce Willowbrook Manor brydeh , New York 13053 • ~ Rol ,61 ' = tritlh '$ ettlement Road r��ea�lf bj►cd � ; PidAde Allow this to confirm our discussion in my office today f regardiriq the state of the title to your real property at 661 Irish settleitent Road : All you will recalls I agreed to review the ablittacts of , titie and take whatever steps we could ( short of d6mA6hoin4 a • 19wsuit ) to attempt to straighten out the title to your ' property • ' ih Contemplation of its sale . Our work ' did not need ® to be compldtdd until November since if you waited until then you would hot hAVd" Ytb re -pay a Farmers Home Administration grant made to you for Cdttaih repairs to the property . I reviewed the . fibstracts of titles , the deeds to the adjoining properties and , thd surveys for the adjoining properties . I also forwarded k1l. bf_ the title documentation together with a proposed Affidavit of title ( After discussing with you the contents ) to Gilbert Hoffmtiis Esq . , counsel for Ticor Title Guarantee Company • in SyrAcule ; New York . Mr . Hoffman has also reviewed the abstracts of title and the documentation which I sent him . This mater � 61 Wfib forwarded to Mr . Hoffman with the hopes that either • & policys- of title insurance or a policy of ouster insurance flight be avgildble to induce a prospective purchaser of the property. to dccept the title in its present condition . You will recall that the title to the " front parcel " which you own is not in gtfestidhi The title to the '' back parcel " on which you have a shed - and 4pprokimatel40 9 , 600 square feet of land is in serious doubt . The " front parcel " was conveyed to you and Charlie by the Prince Estates There had been no conveyance to you of the " back parcel " And - the lbst deed on record is to Alston in 1948 . That is a quitclAim deed . Mr . Hoffman- confirms my original analysis . The " back parcel $, is Uhingurable . . , .. i ` 1 Pierce Y Ndvd,Mdre 29 ; 41900 124 ti. . Ih order to clear the title to the " back parcel " a proceeding • ( lawsuit ) under Article 15 of the New York Real Property Actions andgProceeditigd. L&W would have to be brought . This proceeding seeka ` towdetdknine the claims to the title to that " back parcel " . gaded till thb pretlent state of the title it is not even certain that such a proceeding could be commenced and be successful although it ig the only apparent remedy : The expense , of such a proceeding is 614hificant : I estimate that your total expense in bringing and I . ." that proceeding would be somewhere between $ 3 , 000 . 00 Approximately $ 1 ; 00 00 , would be ('. fo> the filing JT Wbild_dii6h, costs : 0 . . lee 4 . Ad ate • diO W " sted , the purchase price of the property probably does riot warr2lnt ' euch An expenditure . You will probably be farther ahead in reddcing the price to reflect the state of the title and let a subsequetit . purchaser bring a proceeding to quiet title if they be so advised . In other words , you will not be able to convey the " back parcel " by a warranty deed : ® Ad we also discussed , I have kept track of our time and disbursements and am enclosing a bill for our fee and disbursements to date : WA Agreed that this fee would not be due and payable until you sold ' the property . ff you have any quhstions regarding the state of the title or your optiohs ; p2eAse cohtact me : Please be sure that we review any purchase offers ; purchase agreements or purchase contracts before You sigh theta : Ve ' truly yours , Mahlon R . Perkind MAP/ itti MAHLON R. PERKINS, P. C . ; ATTORNEYS AND COUNSELLORS At LAW 20 WEST MAIN STkUt R O. box 27 DRYDEN, NEW YORK 13D53 MANLON R: PERRfNS TELEPHONE 16071 844-9111 November 29 , 1996 Mrs : Joy- de Pierce Willowbrook Manor . Dryden , New York i3053 � �} ii it i� � iiw7 ,i�iii�r �� Lrrrr rrr � rrrrr � rrr� � rrrr � rr �rr .� r � rrrrrrr � rrrr � � r � � � RR . 661 tr" ish ' § ettleM6nt Road Conferences , Consultations and Phone calls with client , Phone calls AL Coldwpll Banker Real Estate and Pat Hatfield Real Estate , Review of dbstrAet of title and tax map index , Preparation of Lease Agreement , Legal research , Correspondence with The First National Bank of Dryden ; Phone calls with New York State Department of Environmental Conservation and Tompkins County Division of Asgeftment , Review of deeds for adjoining properties , Correspondence to Beverly A . Alston , Beverly Alston and Beverly A . MerenesC Le161 research re : phone numbers for Alston , Phone call with Gebrge B : Bailey Agency , inc : , Review of New York State D6partnient of Motor Vehicle printouts , Phone calls and cortespondehce with Gilbert Hoffman , Esq . , Preparation of Affidavit of Titlo and all other services to date regarding this subject ( 01 / 02 / 90 = 11 / 29 / 90 ) . Fee ! $ 1 , 235 . 00 Disbursementb.6 Tompkins And Watkins Abstract Corporation $ 69 . 00 Long Distance FAX $ 8 . 75 $ 17oOO Document Reproduction $ 3 . 50 TotAI amount due : $ 1 , 333 * 25 . . r ' Io C- 'Ohirl �1 OUI TY D 1'AItTNIENT OF,or I MALT11 APPROVAL OF SEWAGE DISPOSAL SYSTEM SutA ' Na W- bid OtN q.N., M.M ` Environmental Health Divirion pbbllal, HainI1N blFestdl`_ '. ' - ' CERTIFICATE OF COMPLETION 401 Harris e . Dates Drive Ithaca, New York 14850- 13811 bate ' November 10 , 198$ ao�-4l3-rs�a owner d, i bme 1 Joyco Pierce Property Locations ., 661 ir ( sh Settlement koad 1 ( mown ) ( Viilagd ) ( cite : , Orydeo ( Y ) Tax Map Numbers 3431 bk tG, k W, f8" i riot to exceed 300 gallons sewage per day . For a dWellihq , thin is • egiiiVblent to 2 bedrooms . I hereby cert1wthat * the private sewage disposal facilities installed at I.the abovhbted . ' preiijih6 haiits been constructed in general conformity with e regiilbtiottg ' ' of `' th6' Tompkihs County bepartment of Health and the plans fife in this office ; thus fulfilling the 'requirements of the Tompkins County sanitary Code r Signature Td • h6l0* bxtehd the •uedf41 life of your disposal system , the septic tank should be cleaned emery 2 to 41y60d depending upon the amount of solids such as greases , soap scum , toilot toadtomp and other solid materials discharged to the tank . If possible , the sludge and scum ddpth ` shoLLtd be checked every ' yeare 'When combined depth of sludge and scum a6gual 1/4 of the ' total liquid depth ) cleaning is necessary . Septic tanks are best cleaned • invthdvooiing* ' Or"timer arthey beeom6l'keadjusted more readily in warm weather . cbnditioh " of ' the baffles in the . tink should be checked at the time of cleaning . A list of pereons • tluthoirized to clet3.ri septic tanks in this County may be obtained from the Health Department . It Wili be to your advantage to insist on a fixed cost for cleaning or at least to obtain a definite maximum estimate before engaging a septic tank cleaner . Nok1iai use 6f household d6tergents and chemicals will not be harmful to your die .. posal 09todi Avoid uee of tio - called septic tank cleaners or conditioners as they have . not been hhoiM to ba benefibW and they iday iedult in actual harm to the system . If repairs or replAdei dent of the eysteni • become neceseary , a new permit from this ispirtrhent itill be required . , :. C — { t VlrivjI 'olot �T i yy 1 d. J : v , 1 -. r : . dow Jt. 1110011110. : 6!mck�� - - . _ .- . __.- -r-- - - Am,.lmom�rm do 'i - do ov or ,a, odo, - - — .� ----- - go;30 --- - did l _-- — —.—_-•..._ _� .� • _�_ _._...___ �- _-_ e _ odood- Md. L.. — �.. ' +3;. yam...—__..-... ...__..- ._.... —.._._..._._.--._ ... .----. . .. __ .—ord __-_dd—_ .._ n +tr PRr�Li A.ddL • };• • ' ' . 1:�.tj �� • 1.• � ri'. Js Win•r'. :r . _ . .' \ • 41 • ' LIEF. 7b1 tAli -IllitVv � ' r • / MILITARY LOT 67_ MILITARY LOT. B H 880 - 14 ' - E r i� 108 . 00 ' I , r m I ~ t` 99 . 0 ' l6 rodgl I' ( deeds J I J r r a • _ I r `1 1 . r � to This porcel conveyed - by - Clifford . 8 Isobello V. . � I Reynolds to The United Stole % of Americo 111116 ( 245 / 402 ) . However , the obslrocl of title un indirn1Rs Reynolds did not hove title to - I e ! 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NOTICE OF DECISION TUESDAY JULY 30 , 1991 A public hearing to consider the application submitted by ROY RIZZO & COUNTRY MANOR ESTATE of 99 Wood Road , Freeville , New York to expand his existing Park , " Country Manor Estates " by six ( 6 ) Mobile home lot sites , without Municipal Water & Sewer available for these lots and is requesting a variance to Section 2 . 2 of Mobile Home Park Ordinance , of the Dryden Town Zoning Ordinance . A public hearing was duly conducted by the Town of Dryden Board of Zoning Appeals on Tuesday , July 301 1991 with members present : Chairman , John Raker , Ann Everett , Alan LaMotte , and Francis DiTommaso . FINDINGS : 1 . There would be. conditional approval subject to Tompkins County Health Department Approval . 2 . All other req !t. irpments for trailer park expansion must be applied for and adhered to . u . There was no r-1ei !jhborhood opposition , although sixteen mailings ® were mailed to adjacent r► eighbors . A motion was made by Francis DiTommaso based on the findings a variance be approved to allow Mr . Rizzo to extend his present Mobile Home Park by the addition of six ( 6 ) lots . Second to the motion was made by Alan LaMptte . VOTE YES ( S ) F . DiTommaso , J . Baker , and A . LaMotte . NO ( 1 ) A . Everett ABSTAINED ( 0 ) DECISION : VARIANCE GRANTED . Respectfully submitted , QJ4.� ® ohn Raker , Chairman jr NOTICE OF DECISION TUESDAY JULY 30 , 1991 A public hearing to cans :idern the application submitted by PAUL AND HELENA JACKSON of 4G15 West Dryden Road , Freeville , New York to omit the Dryden Town required skirting wall for a Double — Wide Mobile Home and is requesting a variance to Article 111 , Section 309 , Mobile Home Portion of the Dryden Town Zoning Ordinance . A public hearing was do.► ly conducted by the Town of Dryden Board of Zoning Appeals on Tuesday , July 3* 1 1991 with members present : Chairman , John Baker , Ann Everett , Alan Lallotte , and Francis DiTommaso . FINDINGS : 1 . The request is a non structural request . 2 . The a. pp .licants proved significant economical hardship in the amount of $ 3 , 00 ►c� . 00 . 3 . There was no nei. ghborhiood opposition to granting this variance . ®� motion was made by F•raiici s DiTommaso that Mr . and Mrs . Jackson be granted the variance based on the findings . Second to the motion was made by Alan LaMotte . VOTE YES ( 4 ) F . DiTomm .iso , J . Baker , A . Everett and A . LaMotte . NO ( 0 ) ABSTAINED ( 0 ) DECISION : VARIANCE GRANTED . Respectfully submitted , otin Baker , Chairman jr NOTICE OF DECISION TUESDAY JULY 301 1991 A public hearing to consider the application submitted by LOIS SESSIONS & NADINE MAY PARRY of 83 Kir14 Road , Freeville , New York to omit the Dryden Town required skirting wall for a Double —Wide Mobile Home and is requesting a variance to Article 111 , Section 309 , Mobile Home Portion of the Dryden Town Zoning Ordinance . A public hearing was duly conducted by the Town of Dryden Board of Zoning Appeals on Tuesday , July 3 �%r , a. 991 , with members present : Chairman , John Baker , Ann Everett , Alan L .AhlOtte , and Francis DiTommaso . 1= INDINGS : 1 . The request is a non st ►^ Llctural request . 2 . The applicants proved significant economical hardship in the amount of $ 31 000 . 00 . 3 . There was no neighborhood opposition to granting this variance . ll motion was made by Ann Everett that Lois Sessions and Nadine Parry be ®granted the variance as. regi.l. ested . Second to the motion was made by Alan LaNlotte . VOTE YES ( 4 ) F . DiTommeaso , J . Baker , A . Everett and A . LaMotte . NO ( 141 ) nOSTAINED ( 0 ) DECISION : VARIANCE GRANTED , Respectfully ubmitted , John Baker , Chairman jr ' I NOTICE OF DECISION TUESDAY JULY 30 , 1991 A public hearing to consider the application submitted by RENEE PERFETTI of ' 3 1 / 2 Johnson Street , Freeville , New York to place a Single —wide Mobile Home at 957 Midline Road , Freeville , New York and is requesting a variance to Section 1002 . 2 of the Dryden Town zoning Ordinance . A public hearing was duly conducted by the Town of Dryden Board of Zoning Appeals on Tuesday , July .3k1 1991 with members present : Chairman , John maker , Ann Everett , Alan LaMotte , and Francis DiTommaso . FINDINGS : 1 . The applicant Failed -to prove practical difficulties or unnecessary hardships . 2 . There was significant neighborhood opposition . A motion was made by Frekticis DiTommaso that based on the findings the variance by denied . �3econd to the motion was made by Ann Everett , VOTE YES ( 4 ) F . DiTommaso , J . r1.kaker , A . Everett and A . LaMotte . NO ( 0 ) ABSTA I IJED ( 0 ) DECISION : VARIANCE DENIED , RespectfUlly submitted , ohn Baker , Chairman Jr NOTICE OF DECISION TUESDAY JULY 30 , 1991 40 A public hearing to consider the application submitted by MAURICE & ALICE AMSILI of 7@5 Mitchell Street- , Ithaca , New York to construct an Accessory Structure without first having a primary structure on property of theirs at 439 Ellis Hollow Creek Road , Ithaca , NY and is requesting a variance to Appendix A , Building — Accessory of the Dryden Town Zoning Ordinance . A public hearing was duly c., onducted by the Town of Dryden Board of Zoning appeals on TLtesday , July 3Q) , 1991 with members present : Chairman , John Baker , Ann Everett , Alen LaMotte , and Francis DiTommaso . FINDINGS : 1 . There was no " oighborhood opposition . ^c . There was testi. mOny that the building permit for the primary structure is On rile in the Zoning Office . 3 . This is in an extremely remote location . *A motion was made by Ann Everett that Maurice and Alice Amsili be granted the variance as requested . Second to -the motion was made by Alan LaMotte . VOTE YES ( 4 ) F . DiTommaso , J : Raker , A . Everett and A . LaMotte . NO ( 0 ) nJ? STnINED ( 0 ) DECISIONJ : VARIANCE GR0\iTrD . Respectfully submitted , John Baker , Chairman �' r NOTICE OF DECISION TUESDAY JULY 37 . 1991 A public hearing to consider the application submitted by Fe & T . DISTRIBUTORS of 1278 Dryden Road , Ithaca , New York to construct an addition to their existing warehouse facility at 1278 Dryden Road , closer than 15 feet from either side lot line and is requesting a variance to Section 900 of the Dryden Town Zoning Ordinance . A public hearing was dt.► 1 y rzo ►7duccted by the Town of Dryden Board of Zoning Appeals on T ►_► esday , July 30 , 1991 with members present : Chairman , John Baker , Ann Everett , Alan Larlotte , and Francis DiTommaso . FINDINGS : 1 . The .:applicant produced a survey map of 1274 Dryden Road which was prepared on J ►_► ne 299 1991 showing that the proposed building would be eight feet , five inches ( 815 " ) from the North West property line ; and ten feet , seven inches ( 1017 " ) from the North East property .line . A motion ( to clarify the original variance granted on November 14 , ®. 990 ) was made by Ann Everett that F . & T . Distributors by granted the variance as requested based on the findings , Second to the motion was made. by Francis DiTommaso . . VOTE YES ( 10 F . Di `I' ommaso , J . Baker , A . Everett and A . LaMotte . NO ( 0 ) (1B Ti') 1NED ( 0 ) DECISION : VARIANCE Cl (1P1TED . RespectfUlly tbmitted , John Baker , Chairman 1