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HomeMy WebLinkAbout1994-09-06 TOWN OF DRYDEN ZONING BOARD OF APPEALS SEPTEMBER b , 191I',94 II �GENDA : PATRICIA SCHLECHT : REDUCE A CONFORMING LOT IN AN " MA " ZONE INTO TWO NONCONFORMING LOTS DUNKIN DONUTS : A VARIANCE 'f0 PERMIT A THIRD SIGN AT THEIR BUSINESS SITE IN A " MA " ZONE „ DOUGL. AS & HOLLY NASH : TO ERECT AN , ADDITION CLOSER THAN 70 FEET FROM THE CENTER OF THE HIGHWAY . i DORIS HITCHCOCK WOOD : TO CONSTRUCT'. A FOUNDATION UNDER AN EXISTING HOME CLOSER THAN 25 FEET FROM THE REAR PROPERTY LINE . ANDREY VOROPYOVan TO ESTABLISH AN AUTOMOTIVE REPAIR AND 11 SALES SHOP WITHIN AN EXISTING PRIVATE GARAGE IN AN " RP " ZONE . ANDREY VOROBYOVa TO ESTABLISH A WAREHOUSE WITHIN AN EXISTING PRIVATE GARAGE IN AN " RB " ZONE . ill 1EMBERS PRESENT : CHAIRWOMAN ANNE EVERETT , ALAN LAMOTTE , JOSEPH JAY , CHARLES HANLEY AND MARK VARVAYANIS . r� Also present but not limited to : Approiximately twenty — five people were present for the hearings including : Henry Slater , Clint and Leona Cotterill , Patricia and George Schlecht , Bob Lawery , Rick Cowles , Bruce Drown , Holly Nash , Mr . and Mrs . Brown , Stacey Mo .jo , S . Sacco , Doris Hitil chcock Wood , Mr . And Mrs . Vorobyov , Attorney Barbara Frantz . The Zoning Board of Appeals meeting September 6 , 1994 was called to order by Chairwoman A . Everett . The chair . noted that there are six variance request to be heard this evening . All will be heard during the Public Hearing Section of the meeting and then the Public Hearing will be closed and the Board will go into a del,I' iberative session . The Chair noted that she expects after thellreview of all the facts the Board will be able to make their filndings and reach a decision this evening . Everyone is welcome to stay the whole time or after the variance request is heard leave and call the Zoning Officer in the morning for the result . III TOWN OF DRYDEN ZONING BOARD OF APPEALS SEPTEMBER h , 1994 II Ijq �GENDAU 0jI PATRICIA SCHLECHT : REDUCE A CONFORMING LOT IN AN " MA " ZONE INTO TWO NONCONFORMING LOTS DUNKIN DONUTS : A VARIANCE TO PERMIT A THIRD SIGN AT THEIR BUSINESS SITE IN A " MA " ZONE . DOUGLAS & HOLLY HASH : TO ERECT AN ADDITION CLOSER THAN 70 FEET FROM THE CENTER OF THE HIGHWAY . DORIS HITCHCOCK WOOD : TO CONSTRUCT : A FOUNDATION UNDER AN EXISTING HOME CLOSER THAN 25 FEET FROM THE REAR PROPERTY LINE . ANDREY VQROPYQVNo TO ESTABLISH AN AUTOMOTIVE REPAIR AND SALES SHOP WITHIN AN EXISTING PRIVATE GARAGE IN AN " RB " ZONE . ANDREY VOROBYOV : TO ESTABLISH A WAREHOUSE WITHIN AN EXISTING PRI'' VATE GARAGE IN AN " RB " ZONE . EMBERS PRESENT : CHAIRWOMAN ANNE EVERETT , ALAN LAMOTTE , JOSEF'H JAY , CHARLES HANLEY AND MARK VARVAYANIS . Also present but not limited to : Approximately twenty - five people were present for the hearings including : Henry Slater ,, Clint and Leona Cotterill , Patricia and George Schlecht , Bob Lawery , Rick Cowles , Bruce Drown , Holly Nash , Mr . and Mrs . Brown , Stacey Mo .jo , S . Sacco , Doris Hitchcock Wood , Mr . And Mrs . Vorobyov , Attorney Barbara Frantz . The Zoning Board of Appeals meeting September P , 1994 was called to order by Chairwoman A . Everett . The chair . noted that there are six variance request to be heard this evening . All will be heard during the Public Hearing Section of the meeting and then the Public Hearing will be closed and the Board will go into a deliberative session . The Chair noted that she expects after the review of all the facts the Board will be able to make their findings and reach a decision this evening . Everyone is welcome to stay the whole time or after the variance request is heard leave and call the Zoning Officer in the morning for the result . • ZBA 9 - 6 - 94 PG . 3 C . The board of appeals , in the granting of area variances , shall grant the minimum variance that it shall deem necessary nd adequate and at the same time preserve and protect the haracter of the neighborhood . The Chair asked the applicant to explain the map submitted and add anything else she wished . George Schlecht stated there are two maps , one which the Board has and the other which was displayed . The Chair also noted she had received the filing of the variance in a timely manner . George Schlecht stated that the address given is very important ; 129 -- 135 North Street . They have had the property about five years and functionally it was essentially two pieces of property . It had a two family residence on it , a farm house next to the Tompkins County Trust Co . and there were also some barns and such on it . The property was bought with the intention of placing his office on theme , which in fact was done . About two years ago the farm house burned down and it resulted in a substantial lost of income . It was producing about $ 1 , 0012) . 00 a month in interest , it was untimely . Previous to that it was their intention to build three separate office buildings on the property . The drawing being displayed and which is in the file shows a site plan fully approved by the Site Flan Review Board of the Town in the MA Zone . It was for the second building which G . Schlecht calls the " stage two building which is shown and was pproved . The map shows the approved plan with three buildings , wo office buildings and the farm house' . Ultimately which was explained to the Site Flan Review Board :it was the intention to take down the farm house after building the third building , for an office type complex . It was a great plan until the farm house burned down and was probably a workable plan . They were active in trying to find a tenant for the second building without very munch success ut with the income from the farm house things were financially on an even keel . The map shown has been approved and if there was money available could build a second building . The difficulty is that with the loss from the income from the farm house he doesn ' t have the time to wait and it is becoming a rather substantial hardship . To put up another two family house would require a use variance and second it makes no sense as this is not the place for a residential building . Why don ' t I .just put up the second building ? I don ' t have the income to show the bank , I financially can ' t do it without getting a substantial loan to put up the second building , I have no tenant for it , and the only way we could conceive to finance is to make it a separate piece of property . • ZBA 9 - E -94 PG . The Chair also noted that after the Public Hearing is closed no more testimony will be accepted from the audience , although if 40he Board wishes to clarify a point the Board may ask a uestion , however the public cannot ask questions of the Board . The members of the Zoning Board of Appeals were introduced and the first variance request heard . PUBLIC HEARING FOR PATRICIA SCHLECHT 7 : O5 PM Patricia Schlecht is requesting an area variance to reduce an MA Zone lot which now conforms , into two ( c ) lots which do not conform with Section 1206 . 5 of the Dryden Town Zoning ordinance . The Legal Notice which was published in the Ithaca Journal was read by the Chair . It was also noted that the Appeal to the Board of Zoning stated that : " The two story house shown on map was destroyed by fire in December 1993 . We can ' t rebuild residential because zoning doesn ' t allows and we can ' t borrow money to build commercial without splitting lot into two lots . A map is also included and notice of the appeal has been sent to the surrounding property owners . Ishe Chair noted that this is a request for an area variance in an MA zone and read the criteria the Board must consider in granting an area variance as follows : A . The Zoning Board of Appeals shall have the power upon an appeal from a decision or determination of an administrative official charged with the enforcement of such ordinance or local law to grant area variances , as defined herein . B . In making its determination the Zoning Board of Appeals shall take into consideration the benefit to the applicant if the variance is requested as weighed against the detriment to the health , safety and welfare of the neighborhood or community by such grant . In making such determination the board shall also consider : ( 1 ) whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the area variance ; ( 2 ) whether the benefit sought by the applicant can be achieved by some other method , feasible for the applicant to pursue , other than an area variance ; ( 3) whether the requested area variance is substantial ; ( 4 ) whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district ; and i5 ) whether the alleged difficulty was self created , which cbonsideration shall be relevant to the decision of the board , _ ut shall not necessarily preclude the granting of the area variance . ZRA 9 - 6 -94 PG . 4 The bank is not going to lend us the money unless they can flake clear and free title to the property and unless they have nough value . The value is not there unless the property can be split and satisfies their requirement for financing , to have clear title I would like you to keep coming back to this when considering the affect of granting the variance . By granting the variance I can financially conceivably get out of this predicament that I am in and the affects to the Town would be two buildings not three . In deliberations on the negative affect this will have please keep in mind where we are now vs . where we are trying to get too . A . Everett : Henry , that is an accepted . . . has been accepted by the Town ? H . Slater : Yes , I think in 1991 , if I remember correctly . They came before the Site Flan Review Hoard and applied to build a second building , they did grant approval for that , which would have made three buildings on that property . A . Everett : That is allowable ? H . Slater : They have a requirement t°hat your not permitted to cover more than 60 percent of the total area of a • property with improvements . The formula that was presented at the time fell within the 60 percent . A . Everett : That ' s with parking lots , and all the parking spaces and everything ? H . Slater : That ' s correct . You have to remember that they had obtained a variance on the parking for the first building as you recall . Prior to or during construction , I can ' t remember to reduce the parking to something less then what was prescribed which is like 85 parking spaces , based on the size of the building . If I am wrong don ' t hesitate to correct me . G . Schlecht : I think that that is substantially correct . The plan that is shown there complied with all zoning requirements with the possible excepting of the parking variance if it was ultimately build Out . Presumable there would have been a request for a parking variance . But that presumes what the uses were going to be etc . etc . etc . . . The drawing that was approved complied with the 60 percent requirement and was in conformity with the zoning after making allowance for the one parking variance that was granted . ZBA 9 - 6 - 94 PG . 5 G . Schlecht : I world like to touch on the five points that you need to consider one by one if I may . One is whether it is going to have an adverse affect on the neighborhood ? Anyone that is familiar with the house that was there will agree that anything is better , but beyond that it is a commercial zone , the area that was set up by the town to receive commercial uses . We are not looking for a use variance that is how we want to see it develope . It is a hope that we will be able to fine a tenant , increase the ability to finance this , to find a tenant , increase the ability to finance this , and again continue the same way we did . Either commercial retail or professional office space . A . Everett : Wow large is that lot ? G . Schlecht : It ' s a little over one acre . A . Everette What will the dimensions of these two lots be ? G . Schlecht : Well they are shown on there . A . Everette 0 . 63 and 0 . 56 G . Schlecht : That ' s Correct . IS . Everette half and half G . Sch 1 echt : About 50 50 J . Jay : This is the current building that is up there now , the one you build ? So you want to put one to one is that correct ? GO Schlecht : One to one . J . Jay : I ' m staying on number one for a minute , Is this going to be similar to that building , looks wise , an . . GO Schlecht : That would be my hope toe . Frankly we don ' t have a tenant Whatever happens there would have to come back in for Site Flan Review I think at this point , because it would be new , it would be different then what ' s up on the wall there . I don ' t know it would be my desire , I ' d like to be able to put up another office building , but frankly we have maybe a years time . . . let me back up a 1itt1e . . . . you may have noticed we have - rented out this building after the fire we have done • whatever we could to salvage this situation . ZHA 9 - 6 - 94 PG . 6 G . Schlechts We have rented out the building to Compusist Compusist has now been bought out by A T & T . the status of that is unknown . That really prompted me to come before you . it is getting a little bit urgent . We are going to try to find someone who is going to want to have an office building built for them so we can rent it and I can also replenish my own office space . If not we may be forced to sell the property . A . Everett : All right , I am unclear . Are you going to sell that parcel or are you .julst going to build ? Are you going to sell this half acre parcel , parcel two , B , A ? G . Schlechte My hope is to be able to build on it and rent it . I want to have the ability to sell it if I have -boo . C . Hanley : And you ' re indicating the banks only interested if they have only have something they can gain clear title too . G . Schlecht . Oh absolutely , I have letters from the bank if you would like to see them . M . Varvayaniss Can I ask what is the problem with the title 0 on the current property ? G . Schlechto It is all ready mortgaged. M . Varvayanis : And did you talk to that bank about increasing the mortgage for the second building ? G . Schlechta Yea , Yes . Yes , but there is not enough value there . A . Everette And this second lot is 129 feet so that is going to need a variance , no 125 . J . Jaye This this the same well that is going to go to both buildings ? G . Schlechts It does . That ' s how it was set up now . If I ended up owning both buildings it would more than likely continue that way until public water comes around . A . Everett > So essentially , you have one lot which meets the Zoning regulations at present . Your one acre lot for one building , and YOU want to make it into two lots . ZPA 9 - 6 - 94 PG . 7 G . Schlecht : I want to get rid of the Hardship that was created when this building burned down , by being able to build a second building and or sell the vacant 46 lot . I have the hardship created by an event that was beyond my control and the zoning precludes me now getting back to where I was before the fire . A . Everett : Henry , in a situation like this where you have a lot , if it is divided in half , if he goes to sell lot Al , which is 0 . 63 parts of an acre does that have to get a variance request because it is not a full acre ? H . Slater : The one he wants to sell ? A . Everett : Well both of them . H . Slater : Well I think that is what he is here for right now . A . Everett : The lot where the building is now , if he should . . a ? H . Slater : The variance will pass with ownership . If you take a look , it tells you in the ordinance here someplace that if you have a variance , it passes with the ownership . � . Everett : So in affect we would be granting a variance for both parcels if we granted this . Isn ' t that correct ? H . Slater : Sure . You would have to do that because you ar e creating two non conforming lots , where there was one . You would be taking' care of it at one time addressing the entire Situation . G . Schlecht : According to Henry to subdivide a piece of property into two lots , I guess I applied for a zoning permit to indicate that the subdivision was going to be in compliance with zoning . He didn '1t grant that because it wasn ' t and that ' s the nature of the variance . C . Hanley : I .just want to make sure I have it clear in my mind . The house was generating revenue which would have enabled you to expand according to your original plans . When the house went down you lost the revenue , and now you need too basically create value by dividing that lot into something attractive to the bank . ZETA 9 - E - 94 FAG . 8 G . Schlecht : That is essentially correct . The bank as they explained it to me , their rules are beyond me , I am not a banker . I am not a financier , but as a for instanced IF they look at the building , if I were to put up one building , the first building they would look at it and , say OK how much is this worth ? How much income is it going to bring in ? They take that projected income and then figure it . So I can do the arithmetic and tell you that there is a 80 percent vacancy . The one bank told me 75 percent , they figure an 80 percent vacancy rate . I go to them and tell them I want to put up the second building , this , first building is all rented out . I rent it or Compusist is in it . If I want to put up the second building on the same piece of property , now I have to cancel the first mortgage , pay it off , which is a financial hardship right there . Secondly they look at that second building and say now this is an office complex , if you have an 80 percent vacancy rate we are going to apply it to both buildings . This building is occupied so this building we are only going to say 80 percent occupied . 20 percent each . If it is two separate properties they will say OK 80 percent vacancy rate , 80 percent vacancy rate . If you combine them , So it reduces the value there . The fact that it is two separate • pieces of property it can be sold separately . Those are two aspects to it as explained to me . Clearly they need clear title to it to finance the second building separate . If they foreclose they have to be able to sell it separately . I might add even if I tried to lease this on a land lease I would have to get this variance . We have considered all of the alternatives and we have done whatever we could over the last year to try to mitigate the damage and this is kind of the last resort . Mr . Varvayaniso Just one point YOU meant an 80 percent occupancy rate not vacancy rate . G . Schlecht : Right they would figure an 80 percent occupancy rate , 20 percent vacancy , is that right ? And if it ' s on an office complex and you had one building fully occupied , to put uip that second building they would say there is going to be a 40 percent: vacancy rate on the second one . ZBA 9 - 6 - 94 PG . 9 A . Everett : At this time do you have plans to build ? Is that what you are going to do ? How do you answer that question ? Are you going to sell that lot ? Are you going to build on that lot if you get this variance request ? G . Schlechtd I am going to try and find a tenant for that lot; that I can build a building for him within the next year . If I can ' t do it I will try and sell the land . My first choice is to continue to own the land and I will try to continue to do that to the point that the bank is going to take it back from me . Then I will sell it to the Town of Dryden I suppose for taxes , I don ' t know . I don ' t have immediate plans , Annie , I can ' t build a building on speculation At any rate . M . Varvayaniso Was the house insured when it burned down ? G . Schlecht : Yes . It replaced one months rent on a prudent investment . It replaces about one months worth of rent . It is not the windfall that you might think . C . Hanley : You would not build on speck ? You would want to commit a tenant before you built ? G . Schlecht : Absolutely . 40 . L. aMotte reminded the Chair that the applicant wished to go through the criteriaa G . Schlecht : I am going to come back to the fact that by granting the variance the outcome will be a second building . The impact is less then I can conceivably do now if I had all the money in the world to do it . This is a financial and legal question by allowing the subdivision I can finance this building and or if I have to I can sell it . I .just want to bring out one last thing . ( In response to J . Jay ' s inquiry it was stated that the lot was hooked up to sewer ) I went back through the tax maps and looked at the lots in the MA zone along Route 13 . I counted nine lots on Route 13 , four of which did not comply with the present zoning either because of area or frontage „ Two of the Four had . 0 a 80 foot of frontage , 60 foot of frontage in much less than half an acre . Four Out of nine of the existing lots in the MA Zone don ' t comply with the present requirements . This is not an unusual , if you go across the street into the RC Zone and add those there are about 17 properties , 7 Out of 17 wouldn ' t comply . . Again wheat we are asking is not some unusual amount . ZBA 9 - 6 - 94 PG . 10 G . Schlechta If you go into the village of Dryden and apply the same standards that we have here it goes up to approximately 13 out of GG properties . So approximately somewhere around 40 percent of the properties along Route 13 do not meet the requirements of having one acre . I am not saying they are out of compliance with the zoning . They preexisted or whatever , and across the street they are in a different zone . PUBLIC COMMENT Bob Lawery stated ° I work for Dryden Mutual Insurance . We are abutting and adjacent neighbors to the Schlecht property , have been [ since 1984 when we bought that property . We bought six acres . We : were here when the 1991 plan was approached , we are well aware of it and participated in the hearing at that time . We would like to publicly thank someone with having George Schlecht ' s building burn down . You cannot believe the problems of the tenants that were there that were created for our business . The State police were always calling me the kids were over there they were on my roof etc . etc . . Goad fortune came to pis when the building burned down . Now George finds himself in his present Situation , What can I do . I would like to buy that land , I can not . Now when I say I , I speak for Dryden Mutual . I cannot buy that land and I asannot buy the land beyond on the others side because of egUlations in the insurance department . We have the money to do it but they won ' t let you plan into the future beyond five years , Someday we are going to be landlocked in our own situation and we have a 50 percent variance for our current parking lot that you can land a B - 29 in right now . We only have E6 employees and probably could put 150 of them on , but so be it . We can Still use our six acres . But I look at the characteristics and different things that you mention in your discussion . Undesirable ? No . physical Impact ? Wonderful . Put something in there that would be between the bank and the current ( building ) that is now leased to someone else . Character of the neighborhood , it would only add to it , it is now a vacant lot , it certainly wouldn ' t hurt anything . It wouldn ' t hurt us in any way . It would bring to the community ore goad things that George has brought to it now . I ' ve always said I wish the school board would go and give up that old green house and move down there , that ' s another what if . Because they need the room and space and maybe someday that will burn 1Ap . Also one thing that I don ' t think George mentioned there are covenants on this land . They go way back to the Ellis property , that we All bought and you can take a look at that . Covenants simply say what you cannot put theme , a gas station , a house , a hot dog stand , on and on and on . . . all of the things that I would be standing here opposing because then everyone would be using 10 ur parking lot to go to George ' s hot clog stand , and George and would be shooting at each other , ZBA .7 - 6 94 FIG . 11 Mr . Lawery continued to say : So we look at this as something that is protected simply by the covenant , a man a generation ago ut on it , it will never hurt this community and we won ' t have other restaurant or gas station or something of that nature . Mr . Lawery also stated he was in favor of the plan and wished to go on record as someone in the community who can assist another neighbor . PUBLIC HEARING CLOSED AT 7 a 35 P, M PUBLIC HEARING OPIENED FOR DUNKIN DONUT The Chair stated that Dunkin Donuts of 82 Burdick Hill Road Ithaca , NY is requesting a variance to Section 1600 . 6 commercial business signs requesting permission to place a third sign along with the permitted two signs at the Dunkin Donut Shop at 115 North Street in an MA Zone . Currently two signs of not more than 40 square feet are permitted . The Chair read the criteria into the record which the Board must consider stating only the points . The board shall also considers ( 1 ) whether an undesirable change will be produced in the character of the neighborhoods, ( 2 ) whether the benefit sought by the applicant can be achieved by some other method , feasible for the applicant to pursue , other than an area variance ; ( 3 ) whether the requested area 0 ariance is substantial ; ( 4 ) whether the proposed variance will ave an adverse effect or impact on the environment neighborhood s, and ( 5 ) whether the alleged difficulty was self created . The Ply.► bl is Notice which was published in the Ithaca .Journal was read . The chair also read the application submitted by the applicant as follows * Due to Town sign ordinances regarding the number of signs ( maximum two ) , and the maximum square footage allowed ( 40 sq . ft . per sign with a maximum of 80 square feet ) . I have found that we will not a able to get custom signs made that will show our name with drive- thru on one sign , not greater than 40 sq . ft . , reduces our name to very small letters . This , combined with a maximum pole and sign height of 15 feet will dramatically affect our business . This creates a long term hardship for our business . Total square footage of 62 square feet for three signs will be well below our allowed 80 sq . ft . total . Therefore , I am asking the board to allow a 3rd . sign to be installed . The Chair noted that the applicant had provided a drawing of -the proposed sign and that the neighbors had been notified and the applicant sent the required filing to the Chair . in a reasonable time . ZBA 9 - 6 - 94 PG . 12 R . Cowles stated that the building they took over% had square footage way in access of 100 feet and there are still two signs 80n the post , the TASTY TREAT sign is still there plus a 4 by 8 ign below that . Two large dormer signs have been eliminated that were internally light on the roof . The signage has been taken way down from what it was duv► ing this renovation . Mr . Cowles also stated that the problem is the Company that makes the signs has told them that it would be at least another eight weeks before they could manufacture the needed sign . The building is pretty much finished and will open Oct . 1st . To wait another month or month and a half . . . A . Ever-• ett : You are going to use the TASTY TREAT sign ? R . Cowles : No , the post . We are not changing it , painting it . We will be taking the Tasty Treat sign down and then taking the other sign that is there down . Right now I know the lower sign is 32 sq . feet , the Tasty T -reat sign ? I don ' t know the dimensions for that sign is but it ' s got to be at least six feet in dynamiter . A . Everett : So those will be your% two signs ? Is that what you are saying ? R . Cowles : Yes . We will have the drive through sign directly below DUNKNIN ' DONUTS sign on that post . Everett " Is there going to be another sign ? R . Cowles : There is a sign that will be mounted on the face of the building . A . Everett : Haw big will that be ? R . Cowles : Eighteen feet . That ' s a three foot by six foot . M . Varvayanis : Henry isn ' t that considered part of the facade ? H . Slater : You can occupy 25 percent facade in terms of sq . footage . The ordinance is unclear whether that constitutes one of your signs or not . If you go to the table it says you are permitted to have two Signs and when you get to that point some of the lack of clarity disappears , the specifics are you are allowed two signs , a maximum of 80 sq . feet combine . I believe the ;applicant maximum usage will be 62 + but he has three signs instead of two . A . Everett : Actually the two will be on the one pole . � . Cowles : Yes , the top will say DUNKIN DONUTS and right below it will say DRIVE THRU . ZBA 9 - 6 - 94 PG . 13 A . Everett : This is illuminated ? � . Cowlese Yes . A . Everette What about the sign on the face of the building ? R . Cowlese Yes . J . Jay : Dunkin Donuts has it own . . . R . Cowlese Yes , sir . J . Jaye Standard width that you have on your other stores ? R . Cowles : Yes . J . Jaye So it would cause you► financial hardship to get it customized ? R . Cowles : Well , what Dunkin does and that is what being does as being part of the system they have standard size signs at a very reasonable price . As soon as you_► step out from three by six , and four by eights and nine by fives than all of a sudden it goes out to up to . . . . . ( wealth ) . . . Everything has to go back to corporate for-• their approval and I am trying to avoid that . The bulk of the business here is highway , the population base is not huge , 21000 people live here our future now is the traffic , and you build a store with 13 seats it ' s a pretty small coffee shop and is build primarily as a drive thru . We can ' t inform people who we are by a big enough Dunkin Donut sign and then ( . . not advertise the drive thru . . ) stated they couldn ' t make it on 13 seats . A . Everett : The DRIVE THRU is .just a 3 by 4 sign ? R . Cowlese Yes . A . Everette How high ? R . Cowles : The maximum at the top will be 15 . So that will probably be ( four feet by eleven ) at the top 10 feet down to seven . The bottom will be seven feet . A . Everette How large a piece of property is this ? Do you know ? R . Cowles : I don ' t know . 0 . Everette And you_► own it ? R . Cowles : No , leasing it . Leasing the building . ZHA 9 - 6 - 94 PG . 14 HEARING OPEN TO THE PUBLIC race Drown of 9 Lee Road stated he was very glad when the TASTY BEAT went out of business , and turned the light out on their sign as it shown in his back bedroom window . It brings up two things . First there are a lot of things that ga on in the Town that the Village doesn ' t know anything about unless they read about it . Noted that he considered the tasty treat property a neighbor of his even if the Town doesn ' t consider him a neighbor of theirs as he was not sent a notice of the variance : He stated he had no objection to them having a lighted sign out front as long as the light intensity is , not offensive t 'o the residence on Lee Road . Or the fact that the hours the sign is lighted conforms to their hours of business . Noted they have had trouble with the bank having security lights on all night long . A . Everette How long will the sign lights be on ? R . Cowles : Right now are planing on 'operating until ten at night , and will take another hour to close dawn . They are planning on lowering the sign and right now has to be close to 20 feet and by dropping down another five feet may help . J . Jaye Noted it is a lot less signage then was there , and less then the 80 feet allowed . . Everette Then by 10 or 11 the lights will be out ? R . Cowlese Yes , but then again we are a 24 hour operations . He doesn ' t intent to operate on a 24 hour bases but the corporate comes through and the community expands . . . . he didn ' t want to freeze himself . J . Jay : Asked if Mr . Drown was opposed to the Drive Thru sign being placed . Mr . Drowne Stated he was not opposed to him having the sign variance . He wanted to ekpress his concerns that it not be lighted 24 hours a day even though they are not a 24 hour business , and that it is not bright enough to light the whole North end of the Village . A . Everette Will the sign on the facade of the building be illuminated ? R . Cowles ; Yes . and will be turned off on the same hours . A . Everette At present ten to eleven is when you ' re going to shout it but perhaps in the future that may not be so if business is such you will keep it on ? . Cowles : Yes . He doesn ' t anticipate that now . Lowering and reducing the signs should help . ZBA 9 - 6 - 94 PG . 15 A . LaMottee The sign will be facing North and South ? Cowles : Yes . LaMotte ; So the light eliminating from that will be up and down the road instead of across the street . R . Cowles also noted that there had been flood lights also at the property which the previous tenant used and they will not need . C . Hanley : Will the estimated five foot droop in height make much of a difference ? B . Drown : That should help . The other will depend on the wattage placed in the sign and the construction thereof . R . Cowlese Noted they were florescent tubes but didn ' t know wattage . HEARING CLOSED AT 7a50 PM PUBLIC HEARING FOR DOUGLAS AND HOLLY NASH The Chair noted that Douglas and Holly Nash of 9 Ringwood Gooust Sough , Ithaca are requesting a variance to erect an ddition to their 9 Ringwood Court South home , closer than 70 feet from the center of the Town Highway and are requesting a variance to section 703 . 1 of the Dryden Town Ordinance . The Chair read the public notice which was published in the Ithaca Journal . The notice for the building permit is in the file along with a map of the area . She also noted she had received the filing in a timely manner . The letter submitted by Mrs . Nash was read as followse Also please take under consideration that none of the homes in the neighborhood meet the seventy foot requirement by Town Zoning . Therefore I conclude that the character would be unchanged in the neighborhood by the fourteen foot closer proximity of our home . We ' ve spoken to several builders , and all fell that this proposed addition would be best situated as I have drawn on the site plan . We have a builder ready to start construction October 1st . providing you approve our request . The Chair noted that pictures of the area were in the file and a letter from the Town engineer, saying that " the proposed setback of 52 feet is not a problem for traffic safety or future road work " . Nearby property owners have been notified . a ZBA 9 - 6 - 94 PG . 16 The Chair also noted the board shall considers ( 1 ) undesirable change in the character of the neighborhoods, ( 2 ) whether the enefit sought can be achieved by another ways, ( 3 ) whether the equested area variance is substantial ; ( 4 ) whether the proposed variance will have an adverse effect on the neighborhood s, and ( 5 ) whether the alleged difficulty was self created . a a a a a a a a a . Mrs . Nash submitted a letter from Robin Beem in favor of the variance being granted . A . Everetts According to the drawing there is a well on one side of the property and a septic tank on the other ? And the size of the property ? H . Nashs That is correct and the size is 150 by 150 . approx . one half acre . A . Everetts Noted that the variance request is for 18 feet . ( the existing structure is 66 ' from the center of the road and the proposed new construction when / if completed would be 52 ' from the road center ) . H . Nash % At the Chair ' s request described the back of the property : Most of the yard is sloped except for • one section behind the bedroom . Which could possible be a place to build , we had thought about building a bedroom out there a few years ago and had people come and check it . The drainage is so bad under the back side of the house they suggested trying to add on to the front of the house do to the water buildup . Any time that it rains or there is a thaw in the spring water accumulates back there and it gets very muddy , The get water under the house in the crawl space which has to be pumped out . The other end of the house in the back is very sloped . A neighbor has come to testify about the water problems . A . Everett * Inquired if the Two large trees at the front of the house would be retained ? H . Nash : Yes , and are planning on planting two or three more . The addition will will also provide a small amount of southern exposure for sun light in the winter time which is one , thing they don ' t have nOwa A . Everett : Impact on the driveway ? a Na =_. hs It will shorten it somewhat but are hoping to loop it around a little to get one more car parked there . They have thought about that & ZBA 9 - 6 -94 PG . 17 A . Everett noted that the logical spot appears to be in the back and maybe the neighbors can tell the board about the water �roblem . Mrs . !Vast-+ stated that they couldn ' t get machinery ( trucks ) back there now the way the home is situated which was a problem when they considered building in the back . The addition they are planning on building would be a dinning room and the bedroom is located in the back . When Mr . Hanley inquired about the topography in the back Mrs . Nash explained the garden spot shown on the map was on a higher level than the house and that was the reason for the runoff . The bank is 6 to 8 feet form the North end of the house and approx . 14 feet on the end where the bedrooms are . It is a flat area and that is where the water sits . OPEN TO THE PUBLIC Stacy Om .jo stated she was a neighbor and testified to the accumulation of water on the site . They purchased their home last year in November and spent all the month removing wet installation from the crawl space . Their drainage problem is similar to Mrs . Nash . The water loves to melt in the spring and live in the cellars and basements . Last month they installed pipes and a drainage system in the driveway so they wouldn ' t loose their driveway every time it rains . It is a major problem . • Mrs . Sacci from 18 Ringwood Court : She doesn ' t have a drainage problem but is here in support of her . The hill mentioned is a huge hill that they all view and is very beautiful but takes forever in spots to dry up from the runoff and wants her to stay a neighbor . Mfrs . Brown : Spoke in support of the family . It was noted that the hill had been forested last year and they may be faced with even a bigger problem this year . HEARING CLOSED AT 7045 PM HEARING FOR DORIS HITCHCOOK WOOD The Chair stated she received in a timely manner the filing for the requested variance and read the public notice published in the Ithaca Journal . The application for the zoning permit and a drawing of the property is included . ZBA 9 -- 6 - 94 FAG . 18 Reading from the application states : would need to pay $ 18 , 000 to move structure and put on a Iroundation . With the variance it would cost $ 8 , 000 - the other $ 10 , 000 could be used to up grade the rest of the home -- bring it into compliance with the building codes . I have tried to reach an agreement of the area needed with the neighbor involved but have been unable . This neighbor is my ex husband and the root and cause of the suffering I am going through to have my home legal with out losing it due to not being able to afford i t It is also noted that Ms . Wood has written about her problem and there are two letters in the file from L . D . Dexheimer & Son , Inc and G . Vain Buiten & Sons , Inc . with estimates for .jacking and moving the home . The area variance criteria was read by the Chair . Mrs . Wood noted she lacks five feet to be in compliance . J . Jaya Asked Henry Slater if he knew when the property was divided . When the area was divided . H . Slatera The lots were like this . A variance was granted in 191 for a home with insufficient road frontage . The consideration is for relief of the five feet . rs . Wood noted the home needs to have foundation and footers nd the letters submitted by the contractors show the amount it would cost . J . Jay noted it substantiates the financial hardship that it would cause to move the home . When asked what Mrs . Wood would do to the house , if anything she stated she would put a foundation , footers , siding put on and a total upgrade to meet the code . A . LaMotte : What is it sitting on now ? D . Woad : Rail road ties . Mrs . Wood noted if she didn ' t have to move tine house , she didn ' t want too as she could use the extra money to put into the house itself . A . Everette How large a piece of property it this ? Mrs . Wood : . 73 almost 3f4 of an acre . Has lived there since 1980 . ZBA 9 -- 6 - 94 FAG . 19 OPEN TO THE PUBLIC • inda Rumsey of 2281 directly south of Mrs . Hitchcook Wood stated that in 1991 she and Ed Sullivan attended a variance meeting for the Woods , who are now divorced , to construct a home behind the one in question tonight . They reluctantly agreed to that at the time and were assured the property would be taken care of back in 1991 . The results of the variance led to problems at her home , a crushed drain pipe , which they boar the cost by themselves . It cost them several thousand dollars , and she is concerned because the house is still not cleaned up and would like to know what this variance will do to improve the property ? . It will .jack up the house but what will it do to improve the property ? Their house sits approx . 25 feet in front of this house . It is a very staggered line on the road . If the variance goes through wants to know what insurance they have that the rest of the work will be done , in what kind of a time frame . The Chair said they had no control over that . The only thing the Board can do is let her keep the foundation ( home ) where it is and grant her five feet from that and hope she will do as she says . Which is put in a new foundation , siding and clean up the hoc.► se . Mrs . Wood stated she is trying to bring it up to code . Rumsey said they were trying to sell their home and if she Oad some assurance that this would be done . so they could tell prospective buyers it may help . She stated when asked by M . Varvayanis if she would rather have Ms . Wood move her home five feet ? That she liked her and doesn ' t want to cause her problems . That Ms . Wood has gone to a great expense putting in a septic system . What she does with her home is her business . A . Everette Is the property in compliance with the other ordinance ? Are there inoperative vehicles , .junk on the property ? Ms . Woods There is a garage that is full of things that are being used to do the home with . There are blocks for the sidewalk that go up to the house . A lot of things I can ' t use until the home is done . Once it is done , I can get my stuff put in my home , and do away with everything that was delivered there by my ex . She stated every time she gets money ahead she has had to use it for lawyers , architects , etc for the last two years she has been trying to find out what she had to do and get it done . 0 ZBA 9 -- 6 -- 94 PG . 20 C . Hanley : Inquired where the CEASE AND DESIST order came from . , s . Woodo From Henry Slater and it means bring up to code or move 0Ut . H . Slater : Stated she had one year from the time the permit is issued to come into compliance . She applied last month and this has held it up . HEARING CLOSED AT 8n17 PM PUBLIC HEARING FOR ANDREY VOROBYOV HOME REPAIR SHOP ESTABLISH A WAREHOUSE IN THE EXISTING SHOW The Chair read the criteria for a Use variance as followse The board of Appeals , on appeal from the decision or determination from the administrative official charged with the enforcement of such ordinances , shall have the power to grant use variances , as defined herein . ( b ) No such use variance shall be granted by the board without a showing by the applicant that applicable zoning regulations nd restrictions have caused unnecessary hardship . In order to rove such unnecessary hardship the applicant shall demonstrate to the board of appeals that for each and every permitted use under the zoning regulations for the particular district where the property is located , ( 1 ) the applicant cannot realize a reasonable return , provided that lack of return is substantial as demonstrated by competent financial evidence ; ( 2 ) that the alleged hardship relating to the property in question is unique , and does not apply to a substantial portion of the district or neighborhood ; ( 3 ) that the requested use variance , if granted, will not alter the essential character of the neighborhood ; and ( 4 ) that the alleged hardship has not been self -- created . ( c ) The board , in the granting of use variances , shall grant the minimum variance that it shall deem necessary and adequate . The Chair then stated to Mr . Vorobyov that she would go through all the list of the things which are allowed in an RB Zone and you will have to show with dollars and cents proof that he can ' t make a living by doing all those things . The Chair read the Public Notice which was published in the Ithaca Journal for the variance to establish Automotive repair shop within an existing private garage at 171 Dryden Harford Road . We file contains a small map . The zoning permit is present and a better map . The neighbors have been notified he Chair read the allowed uses from the zoning manualu ne --Family , two family dwellings . Farming , farm buildings , gardening , nurseries , greenhouses and the raising of livestock etc . tall were read ) . She stated that the applicant would have to show the board in dollars and cents that you tried all of the occupations and were not able to make money . Held that a landowner who seeks the use variance must demonstrate factually by dollars and cents proof an inability to realize a reasonable return under existing permissible uses A Everetto Bo you have anything to show us ? It is ve7y difficult to get a use variance . B . Frantz ,* Mr . Vorobyov has asked me to help him out in speaking and explaining the situation . I am Barbara Frantz , basically the property has an existing structure there . It is rather large , it is on the road frontage . It is nothing he put there . He bought the property and it is there in existence . What he is proposing to do is to convert that to any use that would be permitted in this area would cause a substantial hardship . He • would lose money and would not be able to make any money at it . Basically there is attached to the paper work a contractors estimate to convert the building to anything that could be usable as living space , office space , to bring it up to code for septic and that sort of stuff . it would cost approx . $ 72 , 000 dollars . So what you have is a structure that is unusable as a single family home with out substantial expense . The value of the property , the way the structure is right now , to convert it if he wanted to turn around and sell it , buy something else , he Would never make back in comparable value what he would have to put into it to bring it up to a functional phase cis a single family home . To convert it into a business office use , gardening , farming , that sort of business Mr . Vorobyov does not have any experience or is the lot large enough to be able to create , to keep livestock there . J . Jayo You ' re not an attorney ? Ms . Frantz. : Yes I am an attorney . SBA 9 - 6 - 94 PG . 22 J . Jay : The problem , I don ' t think there is anybody here , or even in the town or in the state that doesn ' t like to see what he is doing . But I think that we 0 feel like our hands are tied . You payed $ 23 , 000 dollars , or this is my opinion He paid $ 23 , 000 dollars for a lot , but lots across the street are selling for $ 25 , 000 . He has a barn there and he can use it to park his car . Can you show us a financial loss ? A . Everett : And that is the biggest thing . Fie is blown out of the water with number four . Self created , he bought the property knowing what use was it ? Not very much in an RB Zone . He has to show us something more than the fact that he is not a farmer so he can ' t have a road side stand . That is not going to do it . We need something that .is substantial . Ms . Frantz % Well right . But it is there . 7 . Jaya So he is still better off in taking it and tearing it down . Fie build his hquse there , he has a building lot that he paid $ 23 , 000 dollars plus . . . We have a hard time , maybe I am getting out of line in saying this but , we would love to be able to do something like this and I am not voting . . . you know , but I tell you this is so frustrating • for us on the board because what he is doing is entirely noble a cause . A . Everett : He has to comply with all four of these and number four that will knock him out . Mks . Frantza Well he did not put the building there . J . Jaya Fie knew it was there when he bought the property . A . Everetto He bought the property and that did it . Then to come to us and say well T want to do da , dal da , da , which isn ' t allowed , we can ' t help him . He has to do all these things every one of them . He ' s got to show us he had a farm stand there , he has to show . . Ms . Frantz * Well I don ' t think he has to show you that he ran a farm stand . J . Jaya He has to show us that it hurts him financially that he can ' t use it for what it is designated for . Fie did pretty well if you ask me . $ 23 , 000 00 dollars it is not the most attractive thing , he has a home up there now . Fie can park cars in there . • ZBA 9 - 6 --• 94 PG . EG Ms . 1= rantza The property , it ' s not in Logan ' s run . It is not • in that subdivision . It did sit on the market for a very long time . The predecessor Mr . Height , I believe , had trouble selling it . J . Jay : Cause he couldn ' t do anything . Except put a house there which he has done . As an attorney I wish you could show us how we could do this . Ms . FrantWa There is an existing structure there that is unusable . J . Jaya He can park his cars there . Ms . f-' rang a It ' s much larger than your standard garage . It functioned as a ware house in the past . My understanding , being familiar with the property was that it was used as a ware house in the past . The fact that the lot it has value in the back part of the lot it seems to me if there is a structure there that cannot be used , it is existing in this area without someone going to great financial hardship ;to convert it to something . . C . Hanleya When did you purchase this . r . Vorobyova November . At that time I didn ' t know it was in an IRB Zone . I ask him if I can run some kind of business and he said yes you can . A . Everette ignorance of the Law , we can ' t accept . M . Varvayanisa Well I should point out , it doesn ' t matter if HE can ' t run a vegetable stand in that building the point is You have to prove . . . Ms . Frantz *. You can sell it to somebody who can . The piece of property was on the market for a very long time . The predecessor was unable to sell it to anybody who would be interested in buying that property and using it for any of these uses . He had problems marketing this property because it couldn ' t be used for anything . You are speakincl to the fact that that does establish that this is a unique piece of property in this area . That does have unusual financial characteristic . Nobody wants this piece of property with this barn and the concrete pad and the parking lot already built into the front of it . C . Hanley : But the law says that if it is self created , which by buying it last November , when all of this was certainly part of the reason why it had been on the market for so long , it takes the decision out of our hands . We are not allowed under state law , to grant the use variance if it is self created . J . Jayo I wish you had come to us and said you wanted to sell pornography because it would be much easier to say no . Ms . Frantz ; I know , he wants to ship clothing out of there the impact will be minimal . aLtdience ; It ' s all ready being done . A . Everette What are you doing with the building now ? Are you doing anything in that building at present ? A . Vorobyovc I am using it as my personal garage . I store some items that the churches help me . A . Everette I don ' t know what else you want to say to us , do you have anything concrete that we can use ? B . Frantz + I think the point is that the building that exist there , he did not built it , he ' s not taking it and changing it , building a ware house there in that sense it was not self created . The predecessor who owned this property and put this structure there was the one who self created the problem J . Jay : He ' s using it , and what he ' s using it now the neighbors are saying , that has noting to do with us either . I have .junk i. n my basement also that I accumulate , this isn ' t junk don ' t get me wrong . As an attorney find out how YOU can approve use variances in the Town of Dryden . C . Hanley % The sentence we ' re looking here says one who normally acquires land for prohibited use cannot thereafter have a variance on the ground of special hardship „ S . Frantz : That is part of the problem , he bought the property without being familure . . . J . Jay : And he did the best he could to recoup by building his house up there . B . Frantz : He is looking at a loss though , he has a structure that nobody can use on his property and for somebody to remove it cost money . Nobody is going to remove it . You are looking at a dollar loss of this structure sitting there even vacant . That is a dollars and cents calculation . ZBA 7 -6 - 94 PGa 25 M . Varvayaniss Besides farmers buy and move buildings all the time . Fie never make an effort to try and get a farmer to take that building has he ? B . Frantz : Did not know if the building was moveable and probably would be damaged. If it was marketable that way the predecessor probably would have sold it a long time ago . So he is stuck and quite honestly so are the neighbors . Quite honestly it is not going to go away , it is something that has existed there . It seems to me that the allowance of the property as a ware house and some sort of limitation where he could store stuff and a tractor trailer came once a month and hauled the stuff out , it wouldn ' t be an every day occurrence . Would allow there be some useful purpose to this structure . It would give it some value . You could limit your variance to that degree and it would not cause any change to the character of the neighborhood . You could restrict signage . It would have no impact on anybody , except during that one day a month when a tractor trailer pulled up . It is on Rt . 38 , there is already tractor trailer traffic . If what your concerned about is maybe not giving a broad use variance . . . Jaye We don ' t have control , you read the report . As an attorney you tell ►_► s ? He bought a white elephant . Even though he didn ' t know he couldn ' t use it for anything , he bought it with the intention of ware housing . Very good intention but still restrictions are there , so he bought a white elephant and so it is self created . B . Frantz : I would disagree with that interpretation that it is self created . J . Jay : The Town Attorney doesn ' t . M . Varvayanise Forget the Town Attorney , the law is quite clear that if you buy it , it ' s self created . C . Hanley : Did he have an attorney for the purchase ? B . Frantze Didn ' t think so . OPEN TO THE PUBLIC Jean Dennis : 155 Dryden Road stated the site was being used as a warehouse right now . The tractor trailer is coming in quite -frequently . Everett s How frequent does it come ? J . Dennisa I ' ve seen the tractor trailer there , I don ' t know . J . Jay " Do you have an objection to that ? J . Dennis : Yes and No . ZDA 9 - 6 --94 PG . 26 Jay : If you have an objection , I think the course is to go to the Zoning Officer . Is that correct ? tZ . O . indicated yes ) For a violating of use you go to the Zoning Officer . A . Everett : Asked if the Zoning Officer had received any complaints . H . Slater : Yes . I ' ve reacted appropriately . A resident stated she lives on the other side at 175 Dryden Road , closer to the garage doors and they are repairing cars there now . That is the main concern , doesn ' t want the noise . The chair noted she had driven by twice at night and noticed the car repairs going on . Mr . Vorobyov indicted he has six brothers and one sister and they live in apartments with no garages and does repair work there for them . A resident did complain of a car being for sale at the site . Wm . Deming : My wife and I live at 10 Bridle Lane and of the criteria you addressed earlier in the evening I would refer to one relative to the character , disturbing the being or character of the neighborhood and to that end I would ask what would such a venture as this have on the value of the surrounding property in the area . My wife and I several years ago now expended what vie thought to us was a big sum of money for that property . Had we wanted to buy next to a auto agency of any, type we wouldn ' t have bought there . If this is going to change the character of everything then we are not very happy about it . H . Frantz : If the board feels that that ' s a valid point though the other part of the request is to use it as a ware house , which you could more nearly tailor the variance . J . Jaye I wish you would come to us as an attorney and tell us how we can pass any use variances in the Town of Dryden . A . Everette It ' s very difficult , for any town in the State . Warehousing no matter if it is cloths for St . Joseph Mission or if it is a local Pepsi Cola it doesn ' t matter it is warehousing . It is a use variance . Hanleye Where with an area variance we can weigh one against the other , consider shades . This is almost a veto situation if you don ' t met all four , ZBA 9 - - 94 GCS . 27 B . Frantz < That ' s the issue of whether it is self created or not . Jay Or financial hardship and he hasn ' t proven that to me . A . Everett : You haven ' t shown us anything other then he doesn ' t want to spend $ 72 , 000 . 00 . It is not our fault , nobody wants to spend it . B . Frantze From the dollar and cents value you have a piece of property that is not build by a developer , it ' s not been bought by somebody who turns around and converts property . He and his wife do not have the financial resources to spend the money to remove it and sell part of the lot . J . Jaya He doesn ' t have he can .jUst keep parking his cars . His brothers can fix their cars there . He has proven he can use it . ( Mr . Jay noted that while it is not an attractive garage it is usable and he feels bad about the Situation ) M . Varvayanise There is no definition of warehouse or warehousing in law . This is a building that is already there it is something he doesn ' t plan on making any money off of storing objects in his garage , which is what it is , why are YOU insisting that he should be able to operate a warehouse . It seems to me you shoUld be insisting that he is not operating a warehouse . B . Frantz : The issue is tine tractor trailer , there are people complaining and tie wants to be a good neighbor . People are complaining that a tractor trailer has come there . The zoning officer has interpreted this as warehousing so that is how the whole process started . M . Varvayanise It is not illegal to have a tractor trailer come park in your driveway . A . L_ aMottee YOU have raised a point that has gone through my mind I think the automotive repair shop set that aside and focus a moment on the activities of the cit . Joseph Mission . I think it revolves around that one word warehousing . Do we have any authority to determine that it ' s not warehousing in the sense that the ordinance is written ? That it is merely a collection point , a drop off center for a charitable organization . J . Jayg They asked us if they could use it as a warehouse and we would have to say no . What they do after wards is not our . . . .A . LaMottea The point that Mark made and I think that is what we are stumbling around is the determination where ever it was made calling it a warehouse . J . Jay % He didn ' t say he wanted to operate a warehouse . Fie clearly specified what he wanted to do . I think it is in our purview to say whether or not we think that qualifies if this is a warehouse . H . dater : Mrs dater explained that when someone comes to see if something can be done is to determine if it complies with zoning . Look at permitted uses and make a determination " MA " zone has a definition of warehousing and this fit the definition . If it is listed in another zone, then apparently the " zoning fathers " did not want it elsewhere . The Town Attorney also defined the practice which Mr . Vorobyov wanted to do as warehol_tsing . Mr . Hanley stated Marks point is excellent that they may have a case there but they wouldn ' t make it to us . They come to '_is 'For relief of zoning laws we make a determination if they can or cannot warehouse . Then they would have to go someplace else , to ** ht it out whether or not they really are a warehouse . erw� mone Deming0 Wanted to know why Petrige farm could a few years ago use the property for a warehoc+ se . Henrys :stated in 1985 the zoning criteria was looser and in 1991 . . the state set guide lines for the municipalties in what may or may not be considered in granting a variance . Times have changed . The request for this variance continued along these lines for another few minUtes Until the hearing was concluded . Talking of criteria to grant use variances . HEARING CLOSED ZBA 9 -- 6 -• 94 PG . 29 ZSA MEETING CONTINUED The Chair stated that concerning " FINGERLAKES STONE " application Buz Dolf was asked to provide some information concerning run off and those things which the area neighbors had requested . The Town has asked him to provide the information and then our Town Engineer will go over them . The Town Attorney has determined that this is a use variance request and that criteria will be used . Mr . LaMotte wanted to know what had changed as the Chair stated last time that that was not the case . The Chair agreed and then said the attorney called and talked with Mahlon and she stated that he then said we would need to consider the USE VARIANCE criteria . She stated it may have been a misunderstanding on her part , she understood him to say this wwas4a use variance request . NOT Attending the Teleconference information which the board members received would meet the criteria for education requirements . Noted the Town Attorney would be attending next months meeting . Pestioned when the minutes would be ready ? Would try for three ks before the Chair left . ZBA 9 -- 6 - 94 Pg , 30 D E L I B E R A T I O N S Deliberations for, Patricia Schlecht 7 : O5 PM A . Everett : The lot as it stands now is one acre , a little bit more that meets the code , the Zoning Ordinance . If it is divided in half will have two undersized lots . I always get concerned about what kind of variances will come our way when an undersized lot is created . It is a concern . J . Jay : I look at this and say " what i �s the most . . . . . ? ? 40 percent of the lots down the road are non conforming . He ' s already got permission , two buildings can go up there one way or another . A . LaMotte : No , it ' s not going to change that or anything . J . Jay : It ' s not going to change that . It does make it more convenient , there is no neighbor opposition . Neighborhood support was there when he bought it and put that first building Lip . He was relying on the income from the equality easily a thousand dollars a month and for that place is still pretty good . If I have good rental property , he ' s going to be my agent . A . Everett : This is why we have zoning though Joe , to prevent something like this . Taking a legal size lot , breaking it Lip .just so that the applicant can make a profit . That ' s what it is . J . Jay : No that half of it was invaluable . It had value before it is not now . It is .just an open lot . A . Everett : It ' s not an open lot it is part of a lot . This zone calls for one acre lots , that ' s what this is now and he has an office building on it . J . Jay : No . He had an office building and that house . The position of the one . . . . M . Varvayanis : He still has a lot with an office building on it . J . Jay : He had that plus the two sources of income . Ordinarily the way banks work it made since to me what he was saying . LaMotte : What has changed here over the plan that was approved earlier by the Town ? ZBA 9 - E -- 94 Fig . 31 J . Jaya By separating it into two building lots to make a ( . . purchase / sale . ) . i . LaMottee Well yea , I mean the density or anything wouldn ' t change , whether it ' s on one lot or two lots . J . Jaye Well that is what I am saying , what ' s the purpose of that one acre lot ? So that there :is not overcrowding , and I ' m not , it ' s already been approved to put anther building up there . The question is putting that dividing line in there . A . Everett .a That ' s why we have zoning . J . Jay : e ) percent of the lots are not complying . A . LaMotte : So what are you protecting ? A . Everette The one acre lot Zoning Ordinance for a " MA " Zone . J . Jay no So You are saying that it is a substantial ? A . Everette Sure . LaMattee No we already see approval for two buildings on that lot . M . Varvayanise For three buildings . J . Jaye Obviously it is a substantial lot . You ' re talking about 4 . of a variance , of a one acre lot . But then you sit back and say what is the purpose of these things . The character of the neighborhood " By putting one building up there is that going to negatively affect the character of the neighborhood ? A . Everette I think it is . That is why we have one acre zoning . A . LaMottee He was already approved for an additional building . A . Everette What can you say ? G . Hanley : I can ' t decide on this one , so I really want to hear what you say . Because , what you are saying to me doesn ' t seem the issue , if he ' s got approval for three buildings - if he wants . But what he wants us to do , if I understand this AP correctly , is divide it in half and create a certain amount of wealth for him for which the bank will loan him money . ZPA 9 -- 6 -- 94 Pg . 32 Hanley con : Now I understand that there is an unusual situation in that he lost revenue because there was a structure there , and that ' s to me what is hanging me up here . Because how many people could toddle in here and say carve me out a piece or give me a variance and then the bank will loan me money on it , just because it is now worth a lot of money ? The only reason 1 am hung up is because he did have something there that was producing money on him and that ' s what he developed his plan on . J . Jaye To me , if he had had this lot , put that one house •there and say " Well I am going to go and divide that up and build another one later " I ' d have found . . . . yes . . . But he put that first building up with the intention of two more buildings while in the mean time . . . . C . Hanley : But he can still do that . It just that he needs us to make him look like a better creditor , not a better creditor but a . . . . J . Jaye No . I understand he can ' t do that without a financial hardship , he can not do that , just go put another building up like that . The bank is going to want a separate title on each separate building . M . Varvayanise But the point is , it kind of like becomes like the use variance . Ile can ' t do it because he doesn ' t have the money . Somebody else who had more money would be able to do it . J . Jay : To me , like I said if that other house wasn ' t there , if it was done . . . . C . Hanley : That makes it unusual . J . Jay no That makes it unusual , C . Hanley % On the other hand are we here to make everyone whole who life screws ? A . Everette That ' s right . J . Jaye Well I look at it itself . Is this a negative thing to the town ? Is this a negative thing to the neighborhood also ? C . Hanley : Well I agree with you it doesn ' t hurt the neighborhood or the Town , it ' s a commercial business . ZPA 9 - 6 - 94 Pg . 33 Jaya It ' ll help If the buildings anything like the ( ather- ) one . C . Hanley : Sure , no question there . A . Everett : Why do ya ►.► think we have a Zoning Ordinance that says one acre lots . If Dryden Zoning Ordinance said half acre lots fine , but it says an acre . J . Jay " It ' s to not over develope , and overcrowd a given . That area is already overcrowded here . M . Varvayanisa So let ' s make it worse . A . Everette Let ' s make it worse . Is that what you ' re saying ? J . Jaya This is not going to make it worse . This is going to make it uniform to the rest , to the development . A . Everett : O Joe , Crying out loud . A . LaMottea Can you give me a reason for a one acre lot other then the ordinance says that ? Everetta Well that is what we are here for , the Ordinance says that . A . LaMottea No , give me a reason . A . Everett a Because you don ' t want overcrowding . A . LaMottea Who decides it ' s over crowded ? M . Varvayanis : We do . A . LaMotte : Yoe_► ' ve gat public sewer there ? A . Everette End of discussion . Write some findings , then we will discuss the findings . M . Varvayanis : I ' m kind of like you . I ' m torn . C . Hanleya I ' m torn . I couldn ' t even write findings . J . Jaya It ' s a unique situation , because of the fire . Because of the income property that he had . M . Varvayanisa On the one hand we are not protecting anything . If he divides it , he sells it , and then the house that burns down he says he had one months insurance on it . $ 1000 . 00 on a 1 ` 0 , 000 . 000 liability ? ZPA 9 - 6 - 94 Pg . 34 J . Jay : No , No , No . With the investment he is making a thousand dollars . Fie is making a thousand it dollars a year for what he took for that house . That ' s what he said . He didn ' t get a thousand dollars , but through the investment he is making up enough for one months rent . C . Hanley : I still get hung up on this one point that we ' re not , who ' s proof it is , we ' re not stopping him from doing this expansion . We ' re helping him secure financing , which doesn ' t seem to be what we are here for . J . .Tay : I think it creates a hard ship . A . LaMottea Aren ' t we here to address a hard ship ? J . Jaya He has a hardship because the building burned down . He has a certain amount of funds that he is working with right now . He can ' t . . I know the man as a , I ' ve done business with him , he sLWveyed my property and C . Hanley % He surveyed my property too . I have no question about his character , that ' s not what I am talking about . Jay : He ' s not a bad business man . He knows what he ' s doing business wise , and if he could do this the other way , he would have done it already . I know the way the banks run . I believe what he says is true . C . Hanleya I am not arguing that . I am sure this is the only way he can do it . This doesn ' t mean we should do it . J . Jaya With the lose , with the loss of the house , if the house was still there then I would say " Go ahead and do that " . But because the house is gone , he is missing a thousand dollars a month of income , the man is trying to retire , and I think you take that into consideration . I mean , I don ' t think the neighborhood . . . . A . Everetta 0 God . Write some findings . J . Jaya Anne , I resent that you get , you know . . . I mean I ' m trying . . . A . Everett : We don ' t want to hear about him being retired . ZHA 9 -6 - 94 Pg . 35 J . Jaye No , you don ' t care . There is a person ' s welfare involved and if you don ' t like the guy making a sound business decision that ' s up to you but , I 4F don ' t think that that should affect the decision at all . C . Hanleys What would you say to Mark ' s point ? J . Jay : About What ? What was the point ? C . Hanley : A . If he doesn ' t have the money he could sell it to someone who did ? J . Jay : I think he would like to . He would like to sell that one , that half an acre lot and keep the other M . Varvayanis He could sell that whole one acre lot . A . LaMottes You ' re going to have to split it if you are going to sell that lot off . M . Varvayanis : No sell the whole thing . Jd Jay : Sell the whole property , I would imagine he would if he got a good buyer , but it is worth less without the second income property . Varvayanis / C . Hanley " No question about it , I ' m not arguing that . J . Jay : That income property that was burned down cannot be replaced . You can ' t but a residential structure there , that ' s the key . How do you replace the lost income property that was there when he bought the lot and did a nice .job in developing , put that new thing . You know , I look at the overall health and welfare of the neighborhood , and it doesn ' t hurt to do that . He has already been approved , you put a line in there , it helps the Town and although Anne doesn ' t think that that ' s important , I do . M . Varvayanis let ' s not start getting into personal attacks . C . Hanley : It ' s a question of where you help the Town . J . Jaya That ' s slandered . . . M . Varvayanisw It doesn ' t matter if your the one who started it , let ' s ,just stop it now . OK ? Jays No more personal attacks you say ? I can go with that . ZPA 9 - 6 - 94 pg . 36 A . LaMottee That ' s too limited . Jaye The only neighbor who had anything to say , was out and out in favor of it . A . Everett : All right . The applicant is requesting a variance to divide a one point two acre lot in an " MA " zone which requires one acre lots into two lots . One will be 0 . 63 acre and the other lot will be 0 . 56 acre . An office building is located on one lot the applicant needs to divide the property to secure financial backing . What else ? J . Jaye No neighborhood opposition . A . LaMottee Phrase that a little more strongly that we had support from adjoining property . M . Varvayanise I think we should also say one guy supported , but nobody objected also . They are both important points . A . Everette ( talking while writing ) There was no opposition present . Support from one business man given and no opposition present . LaMottee Is George still here ? ( Ans . Yes . ) What percentage of the lot will be covered upon an estimate by your proposed building of this project . ( indicating the site plan map ) J . Jaye Building and parking lot . G . Schlechte With the three buildings it was ,just at the 60 percent . If the variance is granted , presumably it would be two buildings , it would be much less than 60 percent . . . . . . 50 ? 40 ? G . Sch 1 echt e 50 . J . Jaye I don ' t know about you guys ? My opinion is another building there will help the neighborhood . The commercial progress the developing pattern . M . Varvayanise Well I think presumably whether he finds a way to do it or he sells the property eventually another building will go there anyway . Hanleye Our decision really doesn ' t affect another building it ' s the financing for him to secure another building . ZBA 9 - 6 - 94 FAG . 37 Jay : I think it does effect another building because the same situation that he ' s dealing with , is the same way most people do it . Guys that have much money hanging around aren ' t going to buy that and put another building up . C . Hanley : Why woUldn ' t a developer buy it and put another building up ? J . Jaye Their going to buy it for ,just what is there , I don ' t think . . . . you have a good chunk of money where you have a down payment to finance this I don ' t think . . . . . it ' s .just my opinion C . Hanley : I guess I can ' t get by Mark ' s point that a guy with enough money would come in and do it . G . Schlechte Where is he ? C . Hanley : Just so I understand what you said correctly . You are not building on speck ? You wouldn ' t begin construction until you have a tenant ? G . Schlecht : That ' s right . But can I .just say one thing , with your permission ? Hanley : I just want to make one thing clear . Anne , it ' s ok if he responds to my question , isn ' t it ? A . Everett : Yes , that ' s right . G . Schleeht : You know the issue here is the lost income that was beyond my control created a hardship , never mind the substantial difficulty , which is all I am required to show . There is a hardship here of lost income . I see no way to replace it unless I find a buyer for the whole thing . It ' s all been for sale . It ' s been for^ sale fo -r a year and a half . I am very , very depressed , there aren ' t buyers out there . We only have a limited amount of time to do something ok , then the bank finally takes the thing after a while . There is only so Much money . It costs a lot of money to run that building , so a thousand dollars a month is an incredible loss and that hardship is what I am asking you from relief off . The Zoning Ordinances when they ' re written perceive this contingency , if something happens a hardship gives you the power to alleviate that hardship . I mean I will be more than happy , I know it is important when I was making the last 7. BA 9 - 6 - 94 Pg . 38 year and a half this property has been for sale at a very good price and we can ' t , you know there is nobody there to buy it . Now we have to try , with brave indulgences to get some return here so that the bank doesn ' t take this thing back . And as long as I was granted permission the ordinance says that you have to find whether it adversely affects the health , safety and welfare of the community , period . It then goes on to look at things to be considered when looking at whether it affects the health , safety , and welfare of the community , and I am sorry but I can ' t see how having two buildings there instead of three is going to adversely affect the health , safety , and welfare . J . Jay : Another thing is the point I brought , and Anne didn ' t like this but I said four out of the nine are non conforming lots . Do we take that into consideration ? Sure we do . Other area variances you get a whole row of houses that are 50 feet from the road and one guy wants to be 60 feet back and he wants a ten foot addition its much pretty easy versus shoot now progress . . . C . Hanley % I am not arguing that . Jaya But she is . Manley : What I can ' t get clear in my mind is J . Jay : Certainly you take that into consideration , the other lots and how they ' re A . Everette The purpose of zoning is lessen that , prohibit that . Just because everybody has all that , you don ' t have to keep it , you don ' t have to keep perpetuating it , is what I say . J . Jay : It is already done . It is already done in this neighborhood . If every lot was an acre , a acre and a acre and then he wants a half . . C . Hanley : But he has permission to build a second and even if he . . . . ( J . JAY IN BACKGROUND EXPLAINING ABOUT THE PROPERTY BEING ON THE MARKET AND BECAUSE HE HAD INCOME property ) MR . HANLEY STATED : Maybe on another night it would be clearer but on a night when we have another given with a hardship property that also has been on the market for a while . MR . JAY NOTED THAT WAS FOR A USE VARIANCE . ZBA 9 - 6 - 94 Pg . 9 Ever^ etta Do you have any findings , Mark ? What do you have ? M . Var^ vayanise Nothing you haven ' t covered . au Everette Support from one business neighbor given no opposition voiced . A residential building existed on the lot which provided income for the applicant . The building was destroyed by fire which left the applicant without its income . What else ? ( noting the time as 9e30 ) A . LaMotte : I have a whole list of them . I think we should take into consideration that this is commercially zoned ; then the proposed buildings will be commercial , not going to be another residence ; That we have public sewer there . I think this is important when we are talking about a one acre lot opposed to where you are going to be putting in a septic system . J . Jay : You couldn ' t put a sewer system on less then a one acre lot . A . Everette Keep going we will add it , LaMottea The fact , the overall picture of the loss of the revenue from the rental property . A . Everette A residential building existed on the lot which provided income for the applicant . The building was destroyed by fire which left the applicant without its income . A . LaMottee And the testimony from the applicant indicates that this has been on the market for a year and a half and has not been sold . A . Everett : That is going to open us up to a can of worms if we put that down for all our findings . J . Jay : This is a unique situation . A . LaMotte : What can of worms are we opening up ? A . Everette Mr . Vorobyvo , that ' s been on the market for years . J . Jaya You ; re talking about a use variance vs a area variance , right ? ZBA 9 -- 6 - 94 Pg . 40 A . LaMotte : Two separate rases . I don ' t think we should hang George for a problem that exist down on the other side of town . A . Everett % Put in the fact that something has been on the market and hasn ' t been sold in your findings are opening you up for a lot of grief . We don ' t know how it has been priced , we don ' t know anything . J . Jay " Well you are right . We don ' t know who it has been priced . M . Varvayanis : In this case I agree . We don ' t know what the price is , we don ' t know what the accessed value is . Just saying it ' s been on the market for a year , we don ' t know how much it was advertized . On the other hand I don ' t object to its going in there but I don ' t know how much you can weight i t . C . Hanley : I have a problem with some of the findings there , . they speak to the issue of the second building , my question is that it really doesn ' t center on whether you could put another building on that half acre plot , because he can . I mean if Donald Trump decides that Dryden is the hottest spot on the planet tomorrow he care Put another building there without even coming to us . This is about financing . A . LaMotte : It ' s about a hardship . J . Jay : it ' s about a hardship , because of the result of a fire . C . Hanley : it ' s about financing . The financing problem is the result of the fire . J . Jay and A . LaMotte agreed . C . Hanley % So do people who experience financial hardship come to us and say subdivide my property ? A . L. aMotteo You are trying to make this current situation apply to everybody across the board . That ' s why we ' re here to look at each case individually . C . Hanley : And what you are saying is the fire situation makes it unique enough . J . Jay and A . LaMotte agreed . ZBA 9 - 6 - 94 Pg . 41 C . Hanley : I guess as a banker I ' m going to start saying to people , I can ' t give financing why don ' t you go talk with ZBA . A . Everette boy it ' s going to work like a charm . N . LaMottee Come off of this . If the situation is identical M . Varvayaniso If the bank wanted clear tittle , it sure as hell would . A . Everett : Let ' s read our findings and see if you_► want to add anything else . 1 . THE APPLICANT IS REQUESTING A VARIANCE TO DIVIDE A 1 . 2 ACRE LOT IN A MA ZONE WHICH REQUIRES 1 ACRE LOTS INTO TWO LOTS ; ONE WILL BE 0 . 63 ACRE AND THE OTHER WILL BE 0 . 56 ACRES . AN OFFICE BUILDING IS LOCATED ON THE LOT . THE APPLICANT NEEDS TO DIVIDE THE PROPERTY TO SECURE FINANCIAL PACKING . THE PROPERTY IS SERVICED BY PUBLIC WATER AND SEWER . 2 . SUPPORT FROM ONE BUSYNESS NEIGHBOR GIVEN . NO OPPOSITION VOICED . 3 . A RESIDENTIAL BUILDING EXISTED ON THE LOT WHICH PROVIDED INCOME FOR THE APPLICANT . THE BUILDING WAS DESTROYED BY FIRE WHICH LEFT THE APPLICANT WITHOUT ITS INCOME , discussion continued in the background as the Chair read the findings . A . E. ver-• ett a So what else do you want to put ? Anymore findings , is this enough to go on ? A . LaMotte : I think we should include the statement that it has been on the market for a year and a half . J . Jay ; That shows . . . . That doesn ' t weigh my decision , it ' s that fire , that ' s the whole . . . C . Hanleye Would you_► agree to a statement that says A SITE BASED FLAN INCLUDING TWO MORE BUILDINGS ON THIS SITE HAS ALREADY BEEN APPROVED BY THE TOWN BOARD . All Agreed . ZBA 9 -- 6 - 94 Pg . 42 4 . A SITE LASED PLAN FOR 3 BUILDINGS ON THE 1 . ACRE LOT HAS BEEN APPROVED BY THE TOWN BOARD . Everett : I don ' t know how they approved it ? 60 J . Jaye You don ' t believe that that happened ? We are going on the applicants word . Henry that is true right ? H . Slater : I can substantiate it . A . Everette Do we have enough findings ? Mark , do you know how you are going to vote ? M . Var-• vayan i s e Not really , A . Everett : What is it going to take ? M . Varvayan i s e I don ' t know . J . Jaye You take into consideration the end product , Anne doesn ' t think you should , I do . I take into consideration the end product , a year from now , five years from now . . . . M . Varvayanise Well that ' s the thing . If I wasn ' t considering the end product there would be no question how . I ' d vote NO . Jaye You want it to stay ,just like it is now with no new building . M . Varvayanis . That ' s not what we are voting on . He ' s got the right to put the building in anybody else has the right to Put the building in . A . LaMottes You don ' t think there was a hardship with the fire ? J . Jaye You ' ve only got this situation , not Donald Trump . We ' re voting on what happened to George Schlecht and this situation . ( if he hadn ' t had that burned down would have worked and that ' s all one lot and that is the way he bought it . ) The fire is what changed the whole . . . C . Hanley : Well that is why you have insurance , I am not sure if that ' s why you have variances . A . LaMottee To address a hardship ? You don ' t think that ' s why we have variances to address a hardship ? Hanley : The hardship is that he is not in a financial Position to improve his property . 7_ RA 9 - 6 - 94 Pg . 43 A . LaMotte : Why ? Why ? Hanley : Because I don ' t know , I don ' t know his complete financial picture . A . LaMotte : Because of the fire , on his testimony . I guess the question is whether you want to believe him or not . C . Hanley : I believe him . I ,just don ' t know if we are the proper source of relief , that ' s all . A . LaMottee There isn ' t any other source . C . Hanley : That means we ' re it ? J . Jaya He means relief to his financial problems ? 'Yes , I think we are . C . Hanley : The man has legal permission to build two more buildings without even coming to see us . We ' re here because a bank said divide it . J . Jay ". The bank would have given . . this is my opinion now . . let me ask . . ( to G . Schlecht a Would the bank have lent you the money to build that if YOU had that income property still there ? If it hadn ' t burned down ? ) Schlecht . All I can say is , I think so . If I can Think what banks are going to do . With the existing income from the farm house , the thousand dollars a month from the farmhouse the plan made sense . The fire took down the house , there is no way to replace it . I can ' t replace it with a residence . The loss of that income is preventing me from the original plan . I am *trying to get back to where I kind of was in -the beginning . As far as the insurance goes , keep in mind that insurance gets split between the bank that holds the existing mortgage . It gets split between Internal Revenue Service that thinks that there is income there . There is really very very little . If you were familiar with the building previous to it being burned down you know it wasn ' t insured . . . like to replace the thousand dollars a month . With prudent investment , . . The insurance settlement after everyone else was taken care of brings me a thousand dollars a year . J . Jays Was that a duplex ? Schlechto It was a two family house . i ZBA 9 -- 6 - 94 pg . 44 C . Hanleye Now can I make a financial decision based on that ? I don ' t know . There was a mortgage on that house , there is a mortgage on the first building . Now we create another lot , he has a certain amount of wealth , value that he can borrow against , is it Our .job to create that ? To replace the house he lost ? That ' s what I . . . If you guys can explain it to me then fine , I am like Mark I would vote NO except that the house does make it seem unique . A . LaMotteo I think you are over complicating the thing . Get this Marxism philosophy in there of creating wealth . C . Hanley ; What ' s Marxism ? I don ' t Understand your comment , I wish you would explain it ? A . LaMottee Well you seem to be hung Lip on this thing ? Are we suppose to take some action to create , to help him . . . to create some additional wealth for . . . C . Hanleye The bank has said he Currently does not have enough to loan him the money . If we divide it and create tow viable lots , because of their location in a commercial district in the center of town , they are worth wealth which the bank will load you money on . Now make the Marxism connection for me . A . LaMotte „ You seem to be opposed to this . This seems to be where you are hang up , Mr . Hanley , on the fact that should we be helping him create this additional wealth ? I see it as we are helping him to overcome the hardship that was created by the loss of that building . C . Hanley : By creating two lots out of one . A . LaMotte : Yes . J . Jaye By giving him the availability to finance . C . Hanleye So is that our .job ? I ' m asking you I ' m not . . . . J . Jay : I think so . I think we take each situation with circumstances involved . . . anytime the applicant comes to Lis , no matter- what the situation , there coming to us thinking it is going to be to their benefit or else they wouldn ' t come to us . So we know that is going to happen . Is it to his benefit to divide this ? To allow the variance ? Of course it is . Or else he wouldn ' t be here . it If you deny it , what is the hardship involved ? ZBA 9 - 6 - 94 pg . 45 C . Hanley : I guess what I am saying to you is to me , and this is not meant to reflect on any other variance tonight , there is a hell of a difference between saying you can put your driveway 62 feet from the center line instead of 70 , then saying here is a new piece of property for you , which is now worth money . That ' s what I am saying . A . Everett : Men , five minutes . A . LaMotte : You continue to overlook how the situation was created , by the fire . M . Varvayanis : Both .just abstain . A . Everett : THE FINDINGS FOR PATRICIA SCHLECHT VARIANCE AREU 1 . THE APPLICANT IS REQUESTING A VARIANCE TO DIVIDE A 1w2 ACRE LOT IN A MA ZONE WHICH REQUIRES 1 ACRE LOTS INTO TWO LOTS ; ONE WILL BE 0 . 63 ACRE AND THE OTHER WILL BE O . 56 ACRES . AN OFFICE BUILDING IS LOCATED ON THE LOT . THE APPLICANT NEEDS TO DIVIDE THE PROPERTY TO SECURE FINANCIAL BACKING . THE PROPERTY IS SERVICED BY PUBLIC WATER AND SEWER . S . SUPPORT FROM ONE BUSINESS NEIGHBOR GIVEN . NO OPPOSITION VOICED . 3 . A RESIDENTIAL BUILDING EXISTED ON THE LOT WHICH PROVIDED INCOME FOR THE A1= PL I CANT . THE BUILDING WAS DESTROYED BY FIRE WHICH LEFT THE APPLICANT WITHOUT ITS INCOME . 4 . A SITE BASED FLAN FOR 3 BUILDINGS ON THE 1 . E ACRE LOT HAS BEEN APPROVED BY THE TOWN BOARD . The Chair requested a motion to accept the findings . M . Varvayanis with a point of order wished to know if it was a majority of the votes case or majority of the board that was necessary for granting a variance request . The Chaira stipulated variances were granted by the majority of the board . Three votes were needed to grant variances . ZBA 9 -- 6 - 94 PG . 46 K VARVAYANIS MOVED TO ACCEPT THE FINDINGS . SECOND TO THE MOTION WAS MADE BY JOSEPH JAY . VOTE YES ( 5 ) A . EVERETT ; J . JAY ; M . VARVAYANIS ; C . HANL_ EY AND A . LAMOTTE . NO ( 0 ) ABSTAINED ( 0 ) JOSEPH JAY MOVED TO APPROVE THE VARIANCE AS REQUESTED BASED ON THE FINDINGS . AL_ AN LAMOTTE SECOND . DISCUSSION % VOTE YES ( 3 ) A . LAMOTTE ; M . VARVAYANIS ; AND J . JAY . NO ( E ) A . EVERETT ; AND C . HANLEY ABSTAINED ( 0 ) VARIANCE GRANTED ZETA 9 -• 6 - 94 Pg . 47 DELIBERATIONS FOR DUNKIN DONUTS . 9 : 45 PM C . Hanley : Now , with my affection for, donuts should I abstain on this ? I may have a vested interest . A . Everett : No one has a problem with this , do they ? C . Hanley : We like donUt6 . M . Varvayanis : I think the two important parts are : The total area of the signage is E0 percent less that allowed . and if we don ' t grant him , he will have the same area , the same wattage , Call he is requesting is to put a divider in the middle . To make three signs instead of two . J . Jay : And it ' s a lot less signs then has been up there for the last few years . C . Hanley : And a different kind of sign , not flood lights . We probably should note their was a neighborhood representative . M . Varvayanis : Who didn ' t really complain . Hanley : No . No , I don ' t mean that and at the end of -the meeting he seemed to agree that he thought that might be a better situation . J . Jay : There really was no opposition . He wanted to state some concerns ? Is that correct ? M . Drawn : That ' s correct . J . Jay : I asked that earlier , there was no opposition . C . Hanley : No , I wanted to note that there was somebody hear and that by the end of the meeting they seemed a little more comfortable . A . Everett : Requested the members write findings . C . Hanley : And Mark ' s point that the total square footage will still be underneath the maximum allowed . A . Everett : The sign will be 62 sq . ft . which is . . . C . Hanley : 18 sq . feet less . Everett : 18 sq . feet less than the permitted amount . One neighbor expressed concern about illumination The sign will be a . . . i ZBA 9 - 6 - 94 PG . 46 M . VarvayanisS Small and 'less bright then what it is replacing . Hanleye And lower . J . Jaye This will be less bright then the previous ocCU pant . M . Var-• vayanise The other was flood lighted . They had flood lights all over whether aiming at the sign or every one else I don ' t know . A . Everette THE APPLICANT REQUESTS PERMISSION TO ERECT 3 SIGNS AT HIS COMMERCIAL BUSINESS IN A " MA " ZONE . TWO SIGNS ON ONE PROPERTY ARE PERMISSIBLE . 2n THE ONE SIGN WILL BE ON THE BUILDING FACADE . IT WILL MEASURE S FEET BY 6 FEET . THE OTHER SIGN WILL UTILIZE AN EXISTING SIGN POST . THAT SIGN POST WILL SUPPORI TOW SIGNS . 3 . THE TOTAL. SQUARE FOOTAGE FOR THE 3 SIGNS WILL BE 63 SQ . FT . WHICH IS 18 SQ . FT . LESS THAN THE PERMITTED AMOUNT . 4 . ONE NEIGHBOR EXPRESSED CONCERN ABOUT THE ILLUMINATION OF THE FORMER TENANT . THE APPLICANT ' S SIGNS WILL BE LOWER , DIMMER AND MORE DIFFUSED , CHARLES HANLEY MOVED TO ACCEPT THE FINDINGS . SECOND BY JOSEPH JAY , DISCUSSIONS VOTE YES ( 5 ) A . EVERETT ; J . JAY ; M . VARVAYANIS ; C . HANLEY AND A . LAMOTTE . NO ( 0 ) ABSTAINED ( 0 ) MARK VARVAYANIS MOVED TO APPROVE THE VARIANCE . ALAN LAMOTTE SECOND , DISCUSSION % VOTE YES ( 5 ) A . EVERETT ; J . JAY ; M . VARVAYANIS ; C . HANLEY AND A . LAMOTTE . NO ( 0 ) ABSTAINED ( 0 ) RIANCE GRANTED ZBA 9 -- 6 - 94 PG . 49 DELIBERATIONS FOR DOUGLAS AND HOLLY NASH Everette*a What are your thoughts about this one ? Jaye . . . . . . . other houses in the neighborhood are closer than 70 feet . It ' s certainly a factor . You don ' t take that into consideration ? A . Everette That ' s what you have zoning for . 11isten , I take it into effect , but I ' d sure wouldn ' t be in my number one finding . J . Jaye Well no , all this other stuff will figure , it is going to help the neighborhood because it adds overall value . These are the special things I thought . Five neighbors came in for s7upport of this . A . Everette Yes , and the issue of the water runoff in the back is significant Although I really feel this should have been placed in the track but as she said there is a bedroom in the back and you don ' t want to go through a bedroom to get to a dinning room . M . Varvayanise There is also a sloop in the back , you ' d have to dig into the hillside . 0 Jaye There is always a way of working around anything . M . Varvayanise And the well and the septic are on the side . A . Everett : It is a small lot , only a half acre . C . Hanley " Do you want to say the house itself is already not in compliance ? A . Everett : I may change it , I .just said it is presently 66 feet from the center of the road . Let ' s see considerable . . . not discussion was given regarding sever drainage problems . C . Hanley * Considerable support by the neighbors , I guess . I mean support by the fact that their was sever drainage problems . A . Everett % What ' s another word for discussion , considerable input ? Input . was given regarding sever drainage problems in the neighborhood , in particular~ in their back yard . The Chair read the findings as she had written and minor word changes were made . i ZBA 9 -- 6 - 94 Pg . 50 Mr . LaMotte noted that this was the variance which the #n Engineer had commented on . ne Chaim read the findings as followso i . THE APPLICANT REQUESTS RELIEF FROM THE 70 FOOT ROAD SETBACK REQUIREMENT . THE HOME IS LOCATED IN A RB ZONE . IT IS PRESENTLY 66 FEET FROM THE ROAD CENTER . 20 THE LOT IS ONE HALF ACRE . THE SEPTIC IS LOCATED ON THE SOUTH SIDE AND THE WELL IS ON THE NORTH SIDE MAKING THOSE SITES NOT FEASIBLE FOR BUILDING . CONSIDERABLE INPUT WAS GIVEN FROM THE NEIGHBORS REGARDING SEVERE DRAINAGE PROBLEMS IN THE NEIGHBORHOOD AND IN THE APPLICANT ' S BACKYARD . THE WATER RUN OFF CAN CAUSE MAJOR PROBLEMS . 4 . THE NEW ADDITION WILL BE A DINING ROOM MAKING IT NOT FEASIBLE TO LOCATE IN THE BACK WHERE THE BEDROOMS ARE SITUATED . � . THE TOWN ENGINEER INDICATES NO PROBABLE INTERFERENCE WITH HIGH WAY CONSTRUCTION . Everett :Hanleya t ' 11 entertain a motion to accept the findings . JI The only thing I wanted to throw in there is , do you want to say something about it not being a change in the character of the neighborhood and not being a major deviation or whatever . . . 6a THERE. WILL NOT BE A SUBSTANTIAL CHANGE IN THE CHARACTER OF THE NEIGHBORHOOD SINCE THE SURROUNDING HOUSES ARE NOT IN COMPLIANCE . MARK VARVAYANIS MOVED TO APPROVE THE FINDINGS AS WRITTEN . ALAN LAMOTTE SECOND THE MOTION . DISCUSSION : VOTE YES ( 5 ) A . EVERETT ; J . JAY ; M . VARVAYANIS ; C . HANLEY AND A . LAMOTTE . NO ( 0 ) ABSTAINED ( 0 ) ZHA 9 - 6 - 94 PG . 51 PLA N LAMOTTE MOVED THE VARIANCE REQUEST DE GRANTED BASED ON THE FINDINGS LISTED . . CHARLES HANLEY SECOND , DISCUSSION : VOTE YES ( 5 ) A . EVERETT ; J . JAY ; M . VARVAYANIS ; C . HANLEY AND A . LAMOTTE . NO ( 0 ) ABSTAINED ( 0 ) VARIANCE GRANTED DELIBERATIONS FOR DORIS HITCHCOCK, WOOD C . Hanley * Henry I .just have a question on this one ? She got a building permit on this originally ? H . Slater * No . Varvayanis * I was wondering how that happens . Rumseya At M . Varvayanis / J . Jay ' s request stated " I think if you looked at the lot you can see that this house was built , this is a very large lot , and it is build on the extreme back side . Plus there is nothing else in this house that complies , the electric doesn ' t comply , the water doesn ' t comply , the electricity , the plumbing , the septic does " . J . Jay * The only thing we have to be concerned with is that five feet . Everything else Henry has to worry about , So we are conce •r, ned with five feet . M . Varvayanis * I mean that ' s , you know what I brought up to you before all we ' re talking about is are we going to make her basically get a bull dozer and shove it forward five feet or are we not . A . Everett * And the only other thing we can say in our findings is that she has to have met the other criteria in the zoning ordinance , which means no .junk but for what it is worth you can put it in but I don ' t think it is going to matter a hill #mn Var vayanis * of beams at this point . We ' re not giving her a variance to put ,junk in there . _ i ZBA 7 -- 6 - 94 Pga 52 A . Everette No we can say , it is in our ordinance that we can specifically say the property has met all the other zoning requirements . Which means no junk vehicles . a . . J . Jaye Well that ' s implied with any variance . A . LaMottee Are you implying that Henry is going to let her- get away without meeting them ? Ma Var-• vayani s e I don ' t see where we should make a special statement . J . Jaya Everybody has to meet . . . but if you want to put it down I don ' t care . A . Everette Does anyone have a problem with allowing the woman the five feet ? To put the new foundation and all those things she says she is going to do ? I don ' t . Ma Varvayanisa Five thousand dollars to move a house five feet is a a a a A . LaMottea Did you ever see them move a house ? You don ' t measure it in terms of feet . You come back a week latter and you wonder what have they been doing the past week . a Varvayanisa I moved a three story thirty by forty barn and that was no big deal . A . Everett : talking as she writes . . . . the applicant plans to improve the existing structure by adding a foundation , footer , and siding . ( indicating to Ha Slater ) SHE IS UNDER A COURT ORDER TO DO SO ? H . Slater : That ' s sort of correct . J . Jaya Is that Court or you ? H . Slatere Court . It has gone beyond me . A . Everett : How shall we word Mrs . Rumsey ' s concern ? C . Hanley : I am unsure myself . Are you for it or against it ? Mrs . Rumsey : Pm against it . J . Jaya You want her to move it five feet forward ? ZHA 9 - 6 - 94 Pg . 5 Mrs . kumseye T think there are other solutions than a variance . If you saw the structure we are not talking about a home . There is no way , you could take my house and move it because it was built to be J . Jay : I understand , but this is not our concern . You are oppose to it , you want her to move it five feet ? So You are oppose to it . All we have to do here is should she get five feet . Mrs . Rumseya It ' s not coming from my land anyhow so fine . I am opposed to it , to put a foundation under this structure . To give her the five feet ? No . A . Everett : Are you opposed to the general appearance of the property ? Mrs . Rumseye Yes I am . This house sits approximately 40 feet behind my house . You know we have some continuity of the property line . It sits back quite a ways from our property which makes this five feet as far as I am concerned , if it was E0 feet it still wouldn ' t make any difference . There should be something like a property line or something , you know when you sit in her house it actually in my back yard . We have a huge fence between our houses . Everett indicated that this was the only site she had not visited before the hearings . J . Jay : I would say there is neighborhood opposition -to the variance . A . Everette concern that the general appearance ? J . Jaye Anne , does general appearance have anything to do with anything ? A . Everette Yes . A . LaMottee No it doesn ' t . J . Jay : You ' re talking about five feet . That is the only thing we are concerned with here . A . Everette Well it goes in up here she is trying to improve the existing structure . She is under Court order to do so . J . Jaye That has nothing to do with this . You can put it down , T don ' t care but it has nothing to do with the decision . The decision by granting the five feet what does it do to the neighborhood ? ZPA 9 - E - 94 Pg . 54 A . Everette One think I would like added , I don ' t know if it will help Henry , but we can add a clause that says she has to keep her property in compliance with the Town of Dryden Zoning Ordinance . A . LaMottes Everybody has . J . Jay : That ' s a given . Henry Slater indicated that he needed no help . The simple question is whether they rebuild this house where it is or move it forward five feet . The Chair read the following findings : 1 . THE APPLICANT REQUESTS PERMISSION TO CONSTRUCT A FOUNDATION UNDER AN EXISTING HOME WHICH IS LOCATED 20 FEET FROM THE REAR PROPERTY LINE . THE REQUIREMENT IS 25 FEET FROM THE REAR PROPERTY LINE . IT IS LOCATED IN A " RB " ZONE AND IS ON A 3 / 4 ACRE LOT . THE APPLICANT FLANS TO IMPROVE THE EXISTING STRUCTURE BY ADDING A FOUNDATION , FOOTERS , AND SIDING . SHE IS UNDER A COURT ORDER TO DO S0 . 3 . ONE NEIGHBOR EXPRESSLI) CONCERN ABOUT THE GENERAL APPEARANCE OF THE PROPERTY , Everett : Anything else ? J . Jays Put in that it really wouldn ' t affect the neighborhood , health and welfare by granting , what am I trying to say ? Well what does it do , if you allow it or don ' t allow it ? What does it do , I think is important . A . LaMotte : I don ' t think there is any change . One thing should be included there was documentation offered relative to the cost of moving the house . The estimates are here . 4 . THERE WAS DOCUMENTATION AS TO THE EXPENSE OF MOVING THE HOUSE VS . SHORING I1" . IT WOULD CREATE A SUBSTANTIAL HARDSHIP . THE APPLICANT STATED THAT $ 109000 . 00 CAN BE SAVED BY PUTTING IN A FOUNDATION VS . MOVING THE HOUSE . M . Varvayaniss She will be putting it on a foundation in either case the cost is .just the moving . C . Hanleys She said it would be #k18 , 000 . 00 to move and like you said put it on another foundation . $ 87000 . 00 to ,just put it on a foundation so she figures she saves $ 109000 . 00 without moving it . I ZPA 9 - 6 - 94 PG 55 e Chair, read the following findingsS 1 . THE APPLICANT REDUESTS PERMISSION TO CONSTRUCT A FOUNDATION UNDER AN EXISTING HOME WHICH IS LOCATED 20 FEET FROM THE REAR PROPERTY LINE . THE REQUIREMENT IS 25 FEET FROM THE REAR PROPERTY LINE . IT IS LOCATED IN A " RS " ZONE AND IS ON A 3 / 4 ACRE LOT . THE APPLICANT FLANS TO IMPROVE THE EXISTING STRUCTURE BY ADDING A FOUNDATION , FOOTERS , AND SIDING . SHE IS UNDER A COURT ORDER TO DO SO . 3 . ONE NEIGHBOR EXPRESSED CONCERN ABOUT THE GENERAL APPEARANCE OF THE PROPERTY . 4 . THERE WAS DOCUMENTATION AS TO THE EXPENSE OF MOVING THE HOUSE VS . SHORING IT . IT WOULD CREATE A SUBSTANTIAL HARDSHIPu THE APPLICANT STATED THAT $ 10 , 000 . 00 CAN BE SAVED BY PUTTING IN A FOUNDATION VS . MOVING THE HOUSE . MARK VARVAYANIS MOVED TO ACCEPT THE FINDINGS . JJARLES HANLEY SECOND , ISCUSSIONS VOTE YES ( 5 ) A . EVERETT ; J . JAY ; M . VARVAYANIS ; C . HANLEY AND A . LAMOTTE . NO ( 0 ) ABSTAINED ( 0 ) MARK VARVAYANIS MOVED THE VARIANCE BE GRANTED AS WRITTEN BASED ON THE FINDINGS , SECOND BY ALAN LAMOTTEN DISCUSSIONS VOTE YES ( 5 ) A . EVERETT ; J . JAY ; M . VARVAYANIS ; C . HANLEY AND A . LAMOTTE . NO ( 0 ) ABSTAINED ( 0 ) VARIANCE GRANTED - I ZBA 9 - 6 - 94 PG . 56 DELIBERATIONS — ANDREY VOROBYOV TO ESTABLISH AN AUTOMOTIVE REPAIR / SALES SHOP J . Jaye Use variance . M . Varvayanis : Basically he did not prove that he could not get a decent return on . . . J . Jaye It is my understanding that if this is denied he can not come back . ( TRUE ) O1-1% you_► know our situation here . You re a good attorney , if you can find a way . . . I believe that none of us would vote in favor , even if we could of the used car sales . I shouldn ' t say that , I wouldn ' t based on what I know . Based on what I know , and even with the neighbors , they had trouble with the used cars . They didn ' t have the problem with the warehouse , is the way it appeared to me . There were questions but I don ' t think that would have been the problem . If you think that you_► can find a way , if we deny it now you_► can ' t come back . I don ' t know if you are going to be able too , but if we deny it now you don ' t have a shot , you_► can ' t come back . so if you_► think you_► can find a way , I guess if it were me I ' d withdraw , but that is your decision . Mr . Vo •robyovc I did that once . This is my second time . B . Frantzo It ' s really up to you_► . J . Jay : I hope you_► guys don ' t mind if I speak up like that , I speak up a lot any ways . M . Varvayanis : It didn ' t bother me . B . Frantze There is no harm in withdrawing it because , you_► can ' t use the property right now the way you_► want to . If it is denied you cant use it the way you want to so you_► really . C . Hanleye There would be another-• filling fee though right ? B . Frantze There would be anther filling fee . J . Jaya That ' s the only thing . B . Frantz % Right . PHanley : Just so I understand . A . Everette But no matter what he does he ' s ZBA 9 -- 6 - 94 GG . 57 J . Jaya None of us Frantza I understand your perspective . Right . J . Jay : Right . So that is what I am saying , if you think , and I would be surprised if you could , I ' d love it if you could come back to us . I ' cl love it if you came back next month , the month after and say " look it based on this , this , this , this , I ' ve got B . Frantza For one , I mean there could be a case that comes clown and allows you to start all over again . J . Jay : But we deny it now you ' re Stuck , B . Frantza I appreciate what your saying . J . Jaya The results are the same thing , you are going to walk out and not use it as a warehouse . B . Frantza It is your decision , but their point is true , they can deliberate and most likely they will say no . Ir . Vorobyova I know what they are saying . Game thing happened the first time . , Frantza Do you want to withdraw ? M . Varvayanisa Again to me your only hope is to prove it is not a warehouse . Go try to fight that and if you loose , you know , you can drag that out for ages . May be five years later before you came back here and who knows what the law will be then . A . LaMottea I agree with you a hundred percent Mark that ' s my feeling on the portion of that which relates to the Joseph Mission . J . Jaya I think so too . M . Varvayanisa and a 25 by 40 foot spot , I ' ve got more ,junk in my basement and it ' s a bigger area then that . B . Frantza I think the problem is you ' ve got people who are upset so they are going to keep calling until J . Jaya The problem is the cars , in my opinion ZBA 9 - 6 - 94 PG . 58 M . Varvayanis : Well Henry , what complaints have you received ? Slater Every time a tractor trailer, pulls in there for a load I get eight million calls . I have written the applicant and advised him he is in violation of the zoning ordinance , and the next step I am going to have to take , if he continues , is to seek an order of a .joinder :C have no choice . The attorney discussed with her client Mr . Vorobyov the pros and cons of withdrawing his application , indicating there may or may not be changes made in order to address the issues ANDREY VOROBYOV WITHDREW HIS REQUEST FOR A VARIANCE TO ESTABLISH A WAREHOUSE AT 171 HAREORD DRYDEN ROAD AND ALSO TO ESTABLISH AN AUTOMOTIVE REPAIR / SALES SHOP AT THAT LOCATION . MEETING ADJOURNED .