HomeMy WebLinkAbout1993-07-06 J
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TOWN OF DRYDEN ZONING BOARD OF APPEALS
JULY 61 1993
MBERS PRESENT % CHAIRWOMAN ANNE EVERETT , ALAN LAMOTTE , JOSEPH
JAY , AND CHARLES HANLEY .
Also present but not limited ton Mahlon Perkins , Esq . , Henry
Slater , Clinton Cotterill , Thomas Hughes , Kenneth Marash ,
Charles Guttman , Esq . , Gary Blancherd , Paula Andrus , Robert and
Carol Carpenter , J . Laurence Smith and Mrs . Katherine Munson .
AGENDA : Adopt RULES OF PROCEDURE for the Town of Dryden Zoning
Board of Appeals .
Kenneth and Susan Marash , requesting a variance to
establish an allowed use lot with no road frontage ( 175
German Cross Roads ) .
Thomas Hughes , requesting a variance to erect a private
garage without the required side lot and rear lot set
backs ( 940 Dryden Road ) .
Paula Andrus , requesting a variance to establish a
family type home for four elderly adults per New York
State regulations , four ( 4 ) unrelated adults within one
dwelling unit ( 100 Sweetland Road ) .
he meeting was called to order at 7 : 15 , PM by Chair . Anne
erect . Each member had received by mail a draft copy of Rules
of Procedure to be adopted for the Zoning Board of Appeals .
Chair Anne Everett read each proceedure : in order and the
following comments are noted % tl
i . FILING : Attorney Perkins stated that the procedure for
filing which was adopted on October „ 6 , 1992 was confussing
and offered this warding in substation for clarity , the
substance is the same . If this filing is adoped then the
Board should repeal Resolution No . 1 which was adopted
October 6 , 1992 .
A . Everett wished to know if it was significant if the
Chair . did not receive the notice for a variance by
certified mail ?
Attorney Perkins stated the important part of it is
that you receive the notice . Not to be concerned about
first class mail if received " timely " . The question
concerning certified mail is so the appalent can prove
that he applied . If he doesn ' t do that he does it at
his risk .
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ZBA 7 / 6 / 93 F'G . 2
The Chair . also wished to know if the applicant has not
completed , as the new forms request , a " Site Flan which
clearly illustrates Zoning Compliance " with all
requested information names , location , dimensions ,
etc . if this is grounds for rejection as some of the
information is necessary ?
Attorney Perkins noted the board could or decided it on
the information provided . The :form is to help the
applicant make his required showing . The Board is
going to have to decide on a case to case bases .
4 . NOTICE " It was noted that this proceedure , with the
required lgal notice , offers better coverage and
notification for the Public .
6 . DECISION : Attorney Perkins stated the rules make it clear
that the decision is rendered when the finding of
facts are reduced to writing . The decision is
reduced to writing and they are signed by the
Chair . . Typically that may not be for a few days
following the hearing . If you take notes in long
hand and read it back at the hearing and everyone
votes on it then this rule authorizes the Chair .
to subsequently sign the typed or printed version
of that with no further approval by the ZBA . The
Chair must certify in fact if it is consistant
with the finding of facts and the decision taken
• at the hearing .
Attorney Perkins also stated it would be proper to
postpone a decision if more time is needed for
proper wording , etc . no action can be taken unless
it is at a meeting . The purpose of the rule is
where you have reached an agreement in respect to
you_► r findings and the decision is made , notes have
been taken it is read back , it may not be in file
form , this rule authorizes the Chair to
subsequesntly sign the decision . With the
certification that it is the same which is
approved by the ZBA .
If the situation should arrise where it is eleven
o ' clock at night and you ' ve had five hearings ,
You ' ve got decisions made on all of them , the tape
is going , you ' ve scribbled out the findings of
fact and a decision is made , but it is a mess and
it needs to be typed before signing . This allows
the Chair to do that as long as it is done within
the 62 days . The Chair . may look at the notes ,
listen to that part of the tape if necessary ,
certifies that it is the same and signs it , it ' s
• rendered .
ZPA 7 / 6 / 93 PG . 3
Attorney Perkins stated he would work up the
necessary language for the certification .
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SIGNED DECISIONSo filed with the 'Town Clerk ( 5 )
days after signing . This starts the appeal time
limit .
7 . FILING ; Attorney Perkins noted that within five days of
the signed decision it has to be filed with the
' Town Clerk and mailed to the applicant . The new
wording makes for additional filling with the Code
Enforcement Officer so he ',; has a copy too —
( secretaries responsibility ) .
8 . POSTPONEMENT :
Joseph Jay was concerned with # 3 . If a applicant
fells he can not get a fair hearing that
particular night and he is willing to come back
the next month and pay the' fee he should be able
to do so .
It was clarified that he has that right but it is
considered a withdrawal and not a postponement .
CHARLES HANLEY MOVED 'THAT THE RULES OF PROCEDURE BE ADOPTED AND
THAT RESOLUTION NO . 1 BE REPEALED .
JOSEPH JAY SECOND THE MOTION .
DISCUSSION :
VOTE YES ( 4 ) A . EVERETT , Co HANLEY , ,J . JAY AND A . LAMOTTE .
NO ( 0') ABSTAINED ( 0 )
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The Rules of Procedure as adoped are listed as pages 4 , 5 , and 6 .
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ZBA 7 / 6 / 93 PG , 7
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A . Everett , Chairwoman commenced the public hearing portion of
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e meeting for the month of July 1993 by introducing the
tubers of the Zoning Board of Appeals which were present and
noted that Mr- . Varvayanis may be present later
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The chair . explained that there are three hearings to be heard
this evening and the proceedure . During each request the
applicant will have the opportunity to present additional
information . The Board will gather information and the Public
will also have a chance to address the issues . At the end of
the Public Hearings the Board will havel', a deliberate lesion .
Each is welcome to stay for the entire evening or you may phone
the Code Enforcement Officer in the morning for the decisions .
During the deliberate session the Board ', can ask additional
questions , however the applicant or the � publis cannot ask or
answer any additional questions as the Public Hearing will have
been closed . At the end the Hoard will ,' state the findings and
vote on each application .
The first hearing is for Susan and Kenneth Marash .
Attorney Guttman , agent for the Marash ' s requested the matter be
heard before the entire Board as it haslbeen indicated in the
past that one member of the Hoard may be abstaining . As it is
his understanding that the absent members may be arriving later
this evening that they be heard after his arrival .
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ie request was granted .
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PUBLIC HEARING FOR THOMAS HUGHES
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7e47 PM
The Public Hearing for Thomas Hughes was opened at 7 : 47 pm with
the Chair . reading the Legal Notice which was published in the
Ithaca Journa01 . The application was read as followse
Having been denied permission to build a garage at 940 . Dryden
Road in the Town of Dryden , N . Y . in violation of Section 804 . 2
of the Town Of Dryden Zoning Ordinance . 1,
Locating the ; garage inside the official yard boundaries would
totally block, off the light and view from the family room in my
house . In addition , I would lose all practical use of my back
yard . Also I', would have a less satisfactory driveway . See
attached siting diagram . Signed Thomas ,, Hughes . An application
for Dryden Town Zoning Permit is attached .
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The Chair . noted that she had received the notice of appeal in a
timely fashion . This is an area variane in an RC Zone . The
criteria , effective July 11 1992 , which '� the Board will follow in
considering the application was read as '' follows :
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