HomeMy WebLinkAbout2001-08-07 �l
. TOWN OF DRYQFN ZONING BOARD OF APPEAL
C) I
August 7 , 2001
AGENDA : ( 1 ) Helen Porter
( ) Garr Maybee
( 3 ) Charles Myers
MEM - PRESENT: Chairperson Charle,5 Hanley, Stuart Berg , hers l elernen ,
and lick LaMotte .
ALSO PRESENT: Henry Slater, Recording Secretary Laura Carpenter, Leon
C . Grover, Gary Maybee , Charles Myers, and Deb
Grantham -
LEGAL COUNSELl Attorney Randy Marcus
i#f##*#Rleleflt####yplefr*!e!!###MK1ele9rfkifal**kfllefF*!e#*##*tleF!!e!e!! F#a1 #iF/e!F#lefr�,4##7efrfFlfr*! 1*#*tkfr kll1fk7F##i1i#!e*
( 1 ) HELEN PORTER #
7 : 0 PNI Chairperson Charles Hanley opened the hearing of Helen
Porker of 980 Snyder HiV Rd - Ithaca, who was asking the
Zoning Board of Appeals for a variance to - ectron 703 - 1 of
the Town of Dryden Zoning Ordinance , Chair Hanley read
the file into the record, and stated that there were no
neighborhood reactions of any kind :
Leon C. Grover appeared as the acting agent for Helen
Porter.
7: 34 PIV Chair Han.1ey opened the floor for discussion -
L. Graven (1 have nothing to add) unless there -are any questions from
the Board-
Kelemen : r- Grover you indicate in your argument # � ° - - - because of
the location of septic field , well and setback rules , there is
1
Berg : So you ' re going 81 feet less 12 feet so you' re really only at
69 feet from the centerline ?
L. Grover: From this paint (the front of the proposed garage) to the
center line of the read •,will be 57 feet. 24 feet on to that is
81 , which is back into here (the back of the garage)_
0 _ Kelemen : That' s recessed into the original structure .
L_ Grover: Yes.
0 . Ielemen : By about 12 feet_
L. Grover: Exactly .
09 Kelemen : So if it' s recessed by 12 feet then those 12 feet don 't count.
NOTE, The existing home is already a pre-existing nona
conformance structure_ Mr. Grover was unclear that the
varience creed not apply to the parts of the proposed
structure that are every with or recessed into the existing
home,
L_ Grover_ The original structure line is here (indicating the front of the
existing
house)-
. Berg : And that's the 81 feet.
L Grover: No , that would be 69 feet and then 81 feet to this point here
(the beck of the proposed garage)-
0. k eiemen : S o the 81 feet is here (the back of the proposed garage) not
here (the front of the existing home).
B . Berg : The 81 feet is not meaningful then , What you ' re saying is
that it is 69 feet to the front of the existing structure .
L. Grover: Right _ There is a porch here and a small deck here now_ But
to the actual structure it would be 69
feet-
. Berg : Bo this is out of compliance nova?
. Hanley: It' s preexisting ,
ttnr larous : So what is the difference between the front of the existing
house and the front of the proposed garage?
L . Grover: 12 feet .
0 . Kelemem Bo you are only 69 feet at the closest point?
L . Grover: The existing Douse right now, yes .
C . Hanley: Anything else '
S . Berg: Any response from neighbors?
_ Hanley- Nothing in the file .
7 : 40PM Chair Hanley closed the hearing portion of the Porter
request: He instructed Mr, Grover that he was welcome to
stay or could calf Henry Slater in the moming.
3
har'r Hanley asked Henry Stater to cfanfy for the Board why
a notice of decision from December 7 . 1998 was recently
typed up and sent to them-
H , Slater: It appears that, to the hest of my knowledge , a Notice of
Decision was never prepared for the Barbara Dayton
setback request from 1998 . I did find the tapes from the
tearing so I asked Laura if she would tame the information
off the tapes and prepare the findings that were made that
day. Even though the Dayton ' s hadn ' t moved forward ,
recently they were ready to do so , and it was discovered
that the notice of decision was not prepared -
S, Berg : So were you able to get all the results from the tape"
H - Slater: The entire hearing was there ,
S . Berg : (to . Laura Carpenter) So you typed these?
L . Carpenter: Yes, from the tape . I wasn ' t present at .the meeting ; it was
before I was recording secretary.
S - Berg : So the results were what you were looking far'
H . dater: Correct. I needed a signed notice of decision -
4
( ) GARS' MA` SEE
7 . 45 PU Chairperson Charles Hanley opened the hearing of Gary
I1llaybee of 975 Trish S ettlemerrt Fed . , FreeviIIe , vha was
asking the Zoning Board of Appeals for a variance to
Section 803. 1 of the Town of Dryden Zoning Ordinance,
Chair Manley reed the file into the record including a letter
dated 6l27l00 from Dick Ewaldof the Tompkins County
Department of Health - Division of Envircnmental Health ,
and three separate letters from neighbors dated 818101 ,
8! !01 , and 816101 , respectively. (Please see attached
copies of aforementioned letters) .
7 : 56 PIV Chair Haniey opened the f€oor for Mr. M aybee to address
the Board .
_ Maybee : I would like to address the letter that you had from the
Health Department on the well _ At the time that Mr. Ewald
was up the well had just been finished probably I would dare
say within the last month or so and we had dug the crater
lines to put them in we hadn ' t packed over therm as of yet
when he was there and that was leis big concern . I have a
letter at home I could fax to you tomorrow morning ; I didn 't
bring it with me. The Health department has been on site
earlier this spring _ One of the tenants had complained that
the water was unsatisfactory to drink. The Health
Department tested the water twice at Buck Laboratory_ The
water came back pure. The tenant that took the original test
was questioned by the Health Department . She took the
water sample bottle and just stuck it under the faucet and .
run water in it. You have to tape the aerator because if there
is any food what-so -ever on that aerator it will create
bacteria in that water sample _ As far as any of these other
concerns about plywood shanty town - I very adamantly
object to that statement, but he has his right to say whatever
he wants to say_ I used TmI 11 siding on these houses, and
you can ride all over this whole township , anywhere you go
in this to nship you can find T- 'I 11 siding on houses ,
garages and everything else_ If he warts to object to the fact
that I use T- 111 that' s his right. As far as all of these other
objections are ccncemed from any of these people , as far
I ' m concemed it's totally outlandish . I awn a housing
development and I bought that housing development which
I
pointed out to the Town of Dryden Board when I carat= into a
Board meeting over a year ago and proposed this type of
housing . ► e bought that housing development to stop
somebody from putting 00 to 75 homes in our backyard . M
e wanted to do was put 10 to 15 homes in there so that we
could justify awning the property with the taxes being so
high in this community . We don' t want to develop another
`fellow Barn Development and put so many sewers in it
pollutes everybody ' s well and they have to put public water
service in- That' s not out goal , That' s why we suggested
three homes an a sewer s stem, five sewer systerns for 15
homes . If you have a problem with one of then we can
pump the 5 thousand gallon capacity that' s in the ground
tank-wise, that' ll shut that system down for as long as a
week to find out if that system is the one that is polluting .
Then we can go right down the line if there should ever be a
problem up there . That's why we proposed the suers , It
wasn' t trying to save money or screw anybody or not fallow
the regulations , We ' re concerned with the environment, We
don ' t want 75 Domes in our backyard . But push comes to
shove I guess that' s what I ' ll have to do . If I can 't get my
permit to build what I need to build to recuperate my money
invested in this property then I ' ll have to go ahead with the
original housing development plans on this property which
Henry can tell you was somewhere in the neighborhood of
0 or 70 homes.
C - Hanley ; Okay, before we move on , and Mr, Maybee will have
another chance to respond to any of this I would like to read
into the record a statement from Mr- Slaters record . Henry
I ' d like you to speak to this , perhaps Randy might chime in
too - In the letter to the Board it states " Gary Maybee of 975
Irish Settlement Road, Freeville, NY is requesting relief of
IBC Zoning District Section 803 : 1 , (the requirernent for 1 5'
of public road frantage) , in order to construct a third single
family home structure . . . it may be necessary to ask for
Planning Board approval to consolidate the two lots 955
and 983r as the propo"sal may be a modification cf are
existing subdivision. " (Pease see attached lever dated July
.7'd, 2001 for complete vmrding) - Henry do you want to
discuss this amendment and the multi family housing
situation , cluster housing and so forth?
H . 8 later. As you will recall a year ago in January Bruno Schickel
erne before you asking for clarification to the definition of a
multiple dwelling structure . It was his concept that there was
no restriction on how many buildings could actually
comprise a multiple family housing complex. My take on it,
which was based both on prior practices here at the Town
as well as the way it is written in the New York State building
and fire prevention code , was that a multiple housing
dwelling is one building with three or more dwelling units
under one roof. That is the simplest way I can explain it. Of
course Mr. Schickel disagreed with my interpretation and
came to the Zoning Board asking for clarification . The Board
agreed with me that my interpretation made more sense . At
the same time , the Zoning Board wrote a letter to the Town
Supervisor asking that the Town Board further define the
definition of multi family dwelling , multi family housing, which
they did. Randy has a copy of the resulting amendment,
think it is clear when read through , that multi family housing
structure is three or more dwellings under one ( 1 ) roof. Mr.
Maybee' s application is what I would classify as a cluster
housing project . He has two lots , which are under
development, which were part of an approved subdivision
from October of 1974. Septic systems and water quality are
under the jurisdiction and authority of the Tompkins County
Department of Environmental Conservation and the Town of
Dryden .
We have a zoning ordinance , which establishes certain
uses and area requirements for each zoning district. He (Mr.
Maybee) built the first house, the well and septic system
were installed , not an issue. He built the second house ,
utilizes the well and septic system from the first house, it's
not our jurisdictional authority , though I think it asks for
trouble legality wise down the road if he should ever sell the
property, but its not our authority, he can do that. He comes
back and asks for a third permit now to build , utilizing the
two lots previously built on plus a portion of a third lot which
was within the original 1974 subdivision , but had since been
dissolved within a matter of a few years after the original
approval .
S . Berg : What do you mean dissolved?
H . Slater: Abandoned. The subdivision was formally abandoned with
the assessment department. They returned it to one lot
leaving several of the previously approved lots that fronted
Irish Settlement Road intact, those weren' t surrendered .
There are 7-9 lots that were not dissolved . Obviously he
doesn't have frontage at all for this third house . It' s a
complicated application . Randy and I discussed it yesterday
7
and he may have further information on where he thinks this
application is or where it should be. My take is that is most
closely resembles - cluster housing . It' s certainly not a multi
family resident approach which -would be allowed it that
zone , it doesn't fit the requirements . It also should be
pointed out that we don 't have any provisions at this time for
cluster housing .
Attny. Marcus : As Henry said the zoning law was reviewed as the Board felt
that the old zoning law was pretty clear that multiple housing
meant one structure with multiple units . The amendment that
the Town Board passed more than a year ago made that
much more clear. The amendment says , under the definition
of dwelling ° a dwelling is a building or structure which is
occupied in whole or in part as a home , residence or
sleeping place of one or more persons. n A multiple dwelling
is defined as " a dwelling , which is either rented , leased or
hired out to be occupied or is occupied as a temporary or
permanent residence or home of three or more families
living independently of each other. " There are other places
in the zoning law that were amended to make it clear that
what they intended was one building. So , I 'm just giving a
little more detail to what Henry said . Under your zoning law
multiple dwelling means one building with three or more
units. Clearly that is not what this is .
The reason I called Henry is that I found the application to
be a little unclear as to what is being asked for. Can I ask
Mr. Maybee a couple of questions because I first started
looking at it and on the application form it talks about
constructing a "two (2) bedroom single family home . It
should be noted that the project will require only one
septic. . . " Looking at that and looking at some of the other
stuff it seemed to me that what you were asking for was to
create one new lot and one new home.
G . Maybee : What was brought up to me when I approached the Town
Board about doing this over a year ago , their main concern ,
Henry had voiced this concern and my attorney had voiced
this concem , if there are three houses, what should happen
down the road if I drop dead today. My kids are going to
want to separate them and sell them off piece by piece or
whatever. So to appease the Town Board , and as I told
Henry and I ' ll tell you , they are going to be on a separate
deed , all three homes will be on that piece of property
period . If that piece of property is to be sold it is sold as a
unit , all three homes go with the property. It will never be
® g
divided and I ' m willing to sign anything you want and I even
made this offer and at the Town Board meeting I made the
offer to Mr. Mahlon Perkins to have him write whatever he
wants written in the deed and I ' ll sign it for him . - I don 't want
to create a future problem . What I am trying to do is to
develop the land without putting big footprints on it. As one
gentlemen said I am trying to leave as many trees as I could
possibly leave . The property is a vacant golden rod field it' s
has not been farmed in 30 years. I ' m trying to leave
whatever trees there are there without removing very many
of them . I ' m trying to just develop the property enough to
justify my family and I owning this property. With the land
and school taxes in this community being as high as they
are we figured approximately 12-15 units all total will be
enough money for us to justify owning the property. I don 't
feel that is totally outrageous .
Hanley: Are you clearer now Randy?
Attny, Marcus : Yes. I don ' t disagree with anything he just said . I ' m just
trying to focus on what it is you' re asking for. So just to be
sure , you ' re looking to combine the two existing lots into one
lot and add on some property from the backfield ?
G . Maybee : We own , as Henry pointed out , the number is 8 lots road
frontage wise , we own six of them . Two of these homes that
are existing , one is built one is framed up now just about
weather tight. Those two homes are on separate individual
lots . Those are 9 and 10. We own six of the road front.
Those are two of the road front lots . Then we own a very
large substantial amount of land behind the road frontage
lots. What we are doing is we are taking a chunk of that
land , adding to these two road frontage lots to meet the
30 , 000 square foot per home rule and regulation of the
Town . We want these people to be happy. I 've had long
term tenants up there and most of these people can tell you
that my tenants are very quiet. It is a quiet neighborhood .
try very selectively to rent to nice people . We had a college
professor who lived in one of these houses for over three
years. She moved out. I have a retired diplomat from the US
Embassy Corp in there right now. The other houses I had a
young couple in there and they became a royal whatever
you want to say and I told them to leave . We just rented it to
an elderly gentlemen who is divorced . He plans on living
there maybe two or three years and he's going to Colorado .
His daughter goes to college her in the community . As
soon as she is done going to college he' s leaving the
community . We are trying , we live there , we live in this
neighborhood. We don't want a shantytown as this
gentlemen put it. As I said , I ' ve got T- 111 houses. I told
Henry , I wish when that house was empty I could have
gotten a hold of you guys to have you come up and go
through the house. Unfortunately I couldn ' t but feel free ,
anytime you are up there on that hill you want to stop and
look at one of these houses we ' re building and if I can I ' ll get
the tenant to show you the inside of it. They' re not shacks,
these are top of the line houses . Cathedral ceiling in one of
them , reverse tray ceiling in the other one . These are
downright fine homes . , They' re energy efficient. 80 dollars a
month it cost that couple to heat that house , domestic hot
water and cooking there. So they' re not shacks . I ' m building
everything to code as Henry can tell you everything has got
to be built to code . I don 't know what the big problem is
here .
C . Hanley: We are trying to nail down just what it is you need .
G . Maybee : Basically I ' ve got three homes on 90, 000 square foot by 300
foot of road frontage . No matter how you cut it I don ' t have
enough road frontage for the third home. Now bear in mind
I 'm servicing all three of these homes with a two lane wide
driveway which is approximately 35-40 so that somebody
going in coming out can pass each other to the first home
which is approximately 50 feet in Henry?
H . Slater: I can't tell you without looking.
G . Maybee : I can ' t either, I can't remember the exact footage . But then
the driveway goes to one home goes to the other home and
then you go straight back into the other home which is a
single wide road. By doing that, cutting down on the amount
of driveway we are putting in and everything else , you' re
freeing up more land for lawn and trees and everything else
so everybody can enjoy their lawn and everything up there .
You know if I had to put three driveways in we' d be 75 feet
by 100-foot depth of driveway . Whereas I ' m only 35 going in
50 feet and then it sizes down to 15 or 18 or so and goes
back in another 150. You 've got a lot more green space .
C . Hanley: (To Randy Marcus) Are you clearer now or did you have to
her questions?
Attny. Marcus : I ' ll just confirm . You' re making one ( 1 ) lot with three houses
as opposed to three lots each with it' s own house on it?
G . Maybee : Right. As I said any suggestions anybody has that could
come up with legitimate suggestions and my Attorney and I
can live with I ' ll sign it ; I don 't have a problem with that . I
10
don 't want to see a future problem my heirs that inherit this
let me put it that way .
Attny. Marcus: I think the only problem that the Board has is that the zoning
law for the Town of Dryden doesn't have any provision in its
for multiple housing on one lot. It' s just not a use that is
found anywhere in the law.
G . Maybee: Let me ask you one question here . If you want I can get
really down to specifics, I can come back next month , we
can postpone this and I can came back with really specifics ,
folder probably this damn deep (indicating approximately 1 . 5
feet in depth) . How many mothers and fathers have added
on a little house or put a trailer on their property next door
and hooked their home up to the water and sewer because
their kid couldn' t afford to go out and live on their own in this
community okay? Now what is the big problem? You can do
that but I can 't do what I want to do? Something' s wrong
here folks . Just because you people didn 't foresee the fact
that there is going to be a time when cluster housing was
gonna come into this neighborhood and didn't put something
in your zoning , now you ' re going to throw that in my face
and say 'oh well you gotta wait another three years until we
address this" ?
S . Berg : We only interpret, we don't create the zoning laws .
C . Hanley: We don 't make the laws here , and by statute all we can do
is apply them . We can 't change them ; we can 't do anything
about them . Now no one is here saying you may not have a
good case , this just isn' t the place for it because we can 't
change zoning laws . Right now three (3) houses on one ( 1 )
lot is not in the zoning laws . We can 't create a law here. If
you want to get the law changed you need to go see the
Town Planning Board . We don 't have the power to allow this
use.
G . Maybee: So what you ' re telling me is that the variance is denied
because you do not have the right or the power to say that I
can build this third house with 50 foot of road frontage.
C . Hanley: I ' m not telling you anything other than right now there is
nothing that allows us to consider that. If I ' m out of line
Randy please jump in .
Attny. Marcus: No that' s right . There is another way to do this besides what
you ' re proposing . What Chuck is saying is this isn't an
allowed use just like putting a gas station in an area that
isn't zoned for a gas station wouldn't be allowed . If you
came to the Zoning Board and said " I want to build a gas
station , but I ' m 75 foot short of frontage required for a gas
•
station" the Zoning Board can 't give you the 75 foot area
variance because what you' re proposing to do with the
property is not allowed in the district. That is what would
happen with the one lot and three houses . The other way to
do it though would be to have three lots with three houses
because that' s covered . Each one of the houses is either a
single family or a two family and those are both allowed, and
IT YOU can meet the other requirements then you' re all set.
G . Maybee: In other words if I slice it, what you ' re telling me , and this is
public referendum data , if I slice and dice this stuff so if wont
make it a future problem for somebody in the future and
have a surveyor go out there and put 30, 000 square pegs in
for each house at 30 , 000 square feet, you people would be
more than willing to sign a variance for the third house. Now
beg my pardon* but that sounds royally . . . .
0 . Kelemen : That would allow us to consider it.
Attny. Marcus : That is something that they have the power to consider.
What you ' re asking them to do with three houses on this
single lot they don 't have the legal authority to do . It' s like
Chuck said it' s nowhere in the zoning law.
G . Maybee: Right now as it sits of the three separate lots , so lets just go
that route and give me my variance then and we' ll go that
route . If that' s the way you people want it that' s the way I ' ll
start doing it all the way down the line three separate lots
and I ' ll let the next Town Board meeting and the next Zoning
Board meeting when it goes to court and the fights and
arguments start they can deal with it .
C . Hanley: the problem there is that is not what you applied for.
Attny Marcus: The Board would at least need a map to see where the lines
are drawn and just how much off the 125 foot you are. They
can estimate . . . .
G . Maybee: The driveway is dead center of the two property lines the
center of the driveway is at 150 foot dead center of the two
lots .
S . Berg : If it were three separate lots could they share septic?
Attny. Marcus : Like Henry said, it' s out of your authority.
C . Hanley: That's up to the Health Department.
N . LaMotte: If you go with the three lots he has top shuffle some things
and get some frontage for that rear lot.
Attny. Marcus : It looks like he' s got 300 foot of frontage.
N . LaMotte: If we create a standard flag lot, is there going to be room
enough between these buildings? I don 't know that.
Attny . Marcus: I don't know that either, that' s why I ' m saying you need an
exact map . All I ' m saying is that' s a way that it could be
12
done such that you guys have any authority to make a
decision about it. If ail that you have here is a single lot with
three houses it's not a permitted use . It doesn 't get to the
point of having a variance or not the way it' s been described
here.
Q . Kelemen : What if it were a use rather than an area variance ?
Attny . Marcus: You could look at that. That' s another option . You could
have a use variance request saying that you want to have
three houses on a single lot, but in all honesty I don 't see
how you could get over the statutory hurdle there because
the use variance requires that the property owner prove that
there is no other economically feasible use for that property.
You already have two houses there so I don't know how you
would prove that.
N . LaMotte : And in the use variance self-creation is fatal isn 't it?
Attny. Marcus : Yes , that' s another thing . So I don't know how you could get
a use variance . The area variance , you guys have in the
past considered flag lots and this would be a flag lot. I know
there are cases where you have granted variances for flag
lots, not in every case .
C . Hanley: (To Mr_ Maybee) We don't want to mislead you and say it' s
automatic, but that we can consider. This we can ' t by the
law even touch unless you were to come before us and ask
for a use variance which is the most difficult one to get.
G. Maybee : I have 8: 27 right at this moment I would like to formally ask
that the minutes of this meeting be sent to my house sealed
signed the whole 9 yards my attorney would like to see this.
C . Hanley : We can certainly give you a copy of the minutes .
S . Berg : This was a subdivision that was defined in 1974 is that
correct?
G . Maybee: Y 1974 and official ) , HenryY Hen says it was abandoned and
whatever, officially it has not been abandoned . What
happened is there has been no activity on the property by
the previous owner to develop the property.
H . Slater: No , it' s been abandoned. It was officially consolidated .
You' d have to go back. . .
G. Maybee: Okay then I ' ll have to go back and look because all my
paperwork says that it has not been abandoned .
C . Hanley : What is the legal definition of abandonment?
Arrny. Marcus: What Henry is saying is just that it' s all a single tax lot.
That' s how it shows up on this copy of the tax map.
G . Maybee: And this was another very valid point that I made to the
Town . Over the course of the last 20 some odd years since
1974 until which time they did consolidate the back property
13
all those building lots were paid for separately on school
land taxes . This Town and this school district reaped the
benefits from that of many a many thousands of dollars, and
• now all of a sudden it' s " byes .
C . Hanley: We aren' t saying you might not have a valid argument sir,
it' s just that we aren ' t' empowered to make this decision , it' s
not statutory. . .
G . Maybee : That' s all right. My attorney knows who to sue .
C . Hanley: That' s fine . We need to know where we are going with this .
Are you officially withdrawing the application ?
G . Maybee : No I am not withdrawing the application .
Attny. Marcus : I guess just to throw it out , if I were trying to give advice to
the applicant , I would ask the Board what you would need to
consider it which is a map that shows the dividing lines to
create the flag lot.
G . Maybee: So if I had 30, 000 square foot frontage that the Town
requires per lot with the set back from the center line there
is no way that you could get that house to meet the side lot
line set backs and the back lot line set backs by moving the
home 75 foot off and still have 300 foot of road frontage and
30 , 000 square feet. So that is totally irrelevant and it will not
work, okay? Those two homes are set back anywhere from
75 to 80 foot which protrudes back in to the back set back
line so now do you want to give me a variance for that too? I
mean how many variances would I have to apply for to get
all this? Now we' re talking we've got the 30 , 000 square foot
but we've only got 50 foot of road frontage . But now we only
have one driveway accessing three homes . So in other
words somebody' s road frontage is going to be driveway, is
that acceptable? Now we can' t meet the back property set
back to the home . You gonna give us a variance?
Attny. Marcus: You mean they are in violation now?
G . Maybee : No , they are not in violation but we cut the actual lots down
to 30 , 000 square feet which you are proposing , 30 , 000 per
home then they would be.
S . Berg : So it sounds like it can't be done .
G . Maybee : Well then I guess many you people should put that in your
decision and then my lawyer can take over from there.
Attny. Marcus : Is there any option for you to take more property from the
back acreage and add it on to create a larger back lot?
Would that be an option for you?
G . Maybee: It' s not going to do a thing for you people .
14
0
0 . Kelement Do you own lots to either side of the two lots up front'?
O _ Maybeem I own some property to the side but f 'm not wiling to shove
the lot side line over because then we are doing to be
protruding onto another lot and shoving that dimension
down to a point where it' s an existing home already , we' ll be
shoving the lot dimensions down to 110 feet or something to
get your extra footage or whatever. And we' ll be
incorporating the sewer system from that home onto the
other piece of property to do that:
_ Hanley . What we are trying to offer you here , Randy if I ' m out of line
jump in , is an adjournment which would allow you to go
home take a look at it in terms of three lots with a driveway
see what you would need , see what variances you would
need then come hack in September and ask. for those ,
G . Maybee, What I ' m offering you here right now is tc vote, turn it down
on whatever grounds you want to turn it down on and I ' ll turn
it over to my lawyer and we' ll sae the Town it' s as simple as
that .
_ Hanley ; Well we can do that too.
O . Maybee. What ever you ' ve got to do .
C . Hanley-, We are trying to be as helpful as possible.
G . Maybee : No you ' re not .
Attny. Marcus , Let me offer a little more clear statement of what I was
suggesting _ If you don' t own the back acreage , the third
house hasn 't been started yet right? Or has it?
G . Maybeem No, we ' re not allowed to ! We don't have a building permit.
What do you think I ' m totally nuts ?
Attny , Marcus , If you fake ♦'core of the back acreage to create a flag lot you
could put that , . .
_ Maybee- I could make the back fat 20 acres if I wanted to but what
good is it? It's still only got 50 foot of road frontage !
Attny. Marcus , i understand that, but that is a variance request that the
Board could consider and possible could give you. They
have done exactly that before _
_ Maybee - So in other words what you ' re telling me is that if I propose
to you that I ' m going to make that back lot on that third
house three acres big say, just for a wiid figure our of the top
of my head , that your people would grant me a variance "?
C . Hanley : We are allowed to consider that_ WE aren' t allowed to do
what you asked _
_ Maybee, Henry do you have lot plans around here on those building
permits that we filed ? Do you know how marry footage
setback they were'
15
H . Slater: They had to be at least 70 feet back from the center of the
road .
C . Hanley: What we would like to do is adjourn the meting you don't
ishave to re-apply or pay another fee you can go - home and sit
down with Henry and sit down with your lawyer you can see
if it' s possible and then ask for the 50 foot road frontage and
if you need them we can also consider set back variances
too as you have seen the first applicant asking for. That we
can do . What you ' re asking us to do tonight in you
application we cannot legally do.
G . Maybee : Okay let me ask you one more question before we do
anything else , before I say anything . After the fact , after this
one is done , do you people propose to go to the Town
Board and say " let' s get something done on this cluster
housing" or something? I know you've had other people
come in here and talk about doing something .
Attny. Marcus: Yes as a matter of fact two years ago . . .
G . Maybee: Mr. Schickel applied for a permit and was shut down .
Attny . Marcus : That was one but his was a different situation than yours. He
wasn't even talking about the possibility of a flag lot . He just
had multi family all on one lot. There wasn't any option for. . .
G . Maybee: I know that' s why it kills me that these people are
complaining. Mr. Schickel right at the moment , and I ' m not
criticizing Mr. Schickel God bless the guy if he can get away
with it let him do his thing you know? That' s my attitude .
That's what bothers me, my neighbors up here complaining
because I have never said one work to any of my neighbors
about doing anything . A lot of them are remodeling their
houses , added on and everything else . I ' ve never said a
word . That ' s irrelevant all right? The bottom line is he ' s
building three homes on one acre . I ' m trying to build three
homes on two plus .
H . Slater: I just want to make it clear that Mr. Schickel is building those
in the Town of Caroline where they don ' t have any zoning
provisions for that type of thing . They are not being built in
the Town of Dryden .
C . Hanley : And you should feel free to make your arguments in front of
the Town Planning Board because they can change the law,
we can' t
G . Maybee : What I ' m getting at is what my intentions are. I said this at
the Town Board meeting so that maybe somebody would get
under motion on this matter. What was it a year, year and a
half ago?
H . Slater: Somewhere in that neighborhood.
16
G . Maybee : i came in and I told them what my proposal was , what I was
gonna do up there to try and get some kind of wheel a-
moving here you know? So that when I did get around to
® putting a third house in we didn' t run up against a brick wall .
I ' ll adjourn until next month , I want a copy of the minutes for
my attorney.
C . Hanley : That' s no problem .
Attny. Marcus : Who is your attorney, because if they want to give me a call .
G . Maybee : I have two attorneys , Mark David Bloom .
Attny . Marcus : I don't know him .
G . Maybee : No , you wont because he' s from Connecticut, and then the
other one is I use Wes McDermott ,
Attny. Marcus : If you want to have Wes give me a call I ' d be happy to go
over this stuff with him . What I was going to say a minute
ago though was not related to Mr. Schickel . Because the
Board has approved a number of flag lots over the years the
Board had petitioned the Town Board a couple of years ago
to try to get the zoning law changed to try to allow flag lots ,
Just as a matter of right so that it wouldn't have to keep
coming up over and over again and then people come in
asking for flag lots . At the Boards request, the Town Board
heard that whole issue . Deb I think you were a new Board
member at that time if I remember right .
G . Maybee: I believe you were at the Board meeting when I came in .
D . Grantham : I brought the request to the Town Board for review.
Attny. Marcus : And the Town Board decided they didn't want to pursue it. I
guess you could probably say it in more detail , but the
feedback that this Board got was that the Town Board heard
what these guys had to say and the Town Board said " No ,
we' re not going to pursue it . "
G . Maybee : (To Deb Grantham) I ' m not trying to put you on the spot or
anything but if I ' m not mistaken you were asking me an
awful lot of questions when I proposed this stuff to the Town
Board .
D . Grantham : About the cluster housing?
G . Maybee: Yes.
D . Grantham : Yes , I ' m glad to hear people speaking up about cluster
housing because there are people who have spoken up
against cluster housing . As you know we are revising the
master plan and then after that we do the zoning . Some of
the recommendations that we've had made to us formally in
a study that was done by Cornell include cluster housing .
There are different ways of doing that and we aren't at that
17
point yet , But I believe that the Planning Board has heard
what you had to say- If you want to write them a letter
directly they are the ones who are doing the master planning
and they have hired a consultant to speed that -along -
George Frantz who use to work for the Town of Ithaca and
who has done a lot of master plans and so we hope that it
we ' ll have a master plan in front of the Town Board and the
public to vote on - Then we start working on zoning . We
charge the zoning so that it supports the master plan -
. Maybee : i don't know what everybad�r's big thing is, so upset about
this cluster housing . Don't get me wrong I wouldn' t want to
see three homes on one afire myself- I definitely would not
want to live there . Bit it that' s the Iifestyle somebody else
wants to live and everything is hunky-dory with all the
permits and everything else I guess that' s the war it is. But
this cluster housing is going on across the nation -
0 - Kelemen : Gary , I don' t think any of us on this panel are opposed to
cluster housing per say or perhaps for it It' s rust a matter of
what you ' re proposing does not fit the rules under which we
can operate - We just can' t consider it- It's nothing personal
It's nothing philosophical , we just can 't .
G . Maybee : That's why asked for the minutes because what you ' re
telling me is that basically you have no rules and regulations
to cover this so therefore you' re turning the permit down ,
D - Grantham : No , they are suggesting that you change the application of
what you want to do so that they can oonsider it legally.
There is nothing that the Zoning Board can do about it. They
are right. The Planning Board has to go through this master
plan process and then they have to go through the zoning
process and the Town Board actually votes on all that stuff,
and until we do that, the reasoning of the Town Board was
that the flag lot decision was a big change to make when we
are doing the master planning now, and the same with
cluster housing - Other people have came and asked
recently for zoning changes for fairly large areas cf the
Town and vine just sent it to the Planning Board and the
Planning Board is saying "those are big changes and it
needs to wait until the master plan is done , it' s being
considered as part of the master plan and part of what is
done with the zoning afterwards, " What people don't want
to do is pretty big changes that are piece meal , that aren't in
as part of a big picture . Maybe what we can do also is send
these minutes to the Planning Board and make sure this
is
discussion gets on the table with them - The next Planning
Board meeting I go to I will convey your concerns ,
- Maybee . Like I said I want to build three to four more of these
clusters . As Henry can tell you 1 own approximately 50 acres
of land now total with the react frontage and everything else,
,
My home and one other hone that is already there will make
it approximately 17 - My son and his wife are building a
house way out there , The very maximum we are going to
look at is 20 houses total , i don' t want it developed any
further than that- I don't think that Is outrageous on 50 acres
of land - I don't care what the neighbors say I just don 't feet
it ' s outrageous,
- Hanley_ And you should go to the Planning Board and explain that to
them because they are re-zoning the master plan -
- Maybee - You know I heard that same statement, and I don't mean to
be disrespectful , but when I was at the Board meeting they
told me they were working on it and that was a year to a
year and a half ago . How many years have they got to work
on this thing ?
D - Grantham - That's why we hired a consultant because I think it will go a
lot faster. He is an expert, he has a tat of experience and he
isspending a lot of time on it as opposed to the Planning
Board - . -
, Maybee : Bo what you ' re telling me is , because these other clusters
will be put in , and that was another question I asked of the
Town, the original development was slated to put a road in
and then it goes to the Town . Is that something that the
Town wants or should t put a private road in and will you
give me variances to build houses off a private road - I prefer
to have a private road - Because if you came up by my
house, and my neighbors can verify it, Joyce probably has
people parked in her driveway in the past I know I have I ' ve
come home and there would be two or three cars parked
where I park my tractor trailer you know and l can 't even
park my truck- In the summer months there is a swimming
hole out there in what do they call it? Six hundred or
something , There is a swimming hole out there and
everybody and their brother comes up there- I would just
soon not have that road a public road and have everybody
driving out there and parking and walking through peoples
yards and bothering them to get out to the swimming hole .
Attny. Marcus- Let me just head you off there on that concept because you
may run into a problem that' s not anything to do Wth the
Town of Dryden on that idea of a private road . I know there
19
are lots if private road scattered around the county certainly
in come states there are as many private roads as not- But
under current stag law, you have to have frontage on a
public road or you have to have a private road that has
certain elements that are like a public road , So it' s not that
you can't do it , but , . .
G - Ma bee . We have 147 foot of road frontage to put the roadway its off
of Irish Settlement Road . It was slated originally for 70 feet
roadway between ditches roads and. everything. So I ' m quite
sure I can get a nice road in there .
Attny- Marcus., I Just mention it because I know them are people out there
that have tried to do private road development and they fall
short of the state law requirements for it . Nothing to do with
the Town Zoning . Then it becomes a hassle- Just to mention
that up front, 1' have one question for Henry as far as the
idea of going ahead with this flag lot, If Mr- Maybee were
going to do this and draw the line to carve out a part of the
30 acre back acreage he's still going to have to come to the
Planning Board because that's going to be a subdivision ,
H - Slater: As 1 mentioned l' am still giving thought to that through my
correspondence . He' s altering two approved subdivision fats
and to create this third lot he has to get authoriZatton to16 ,
G . Maybee ; If we do what they are suggesting I could leave those two
original lots alone and the third building will be
approximately 20 foot over the back property line of those
original two road frontage lots . So you ' re not altering those
original two front lots ,
H - Slater: Where is the road frontage going to came from for that lot?
That' s the question , It has to come down the center-
G , Maybe : You' re right . You ' re looking at opening a can of worms
because now you ' ve got a major driveway, half of it orrs to
this property, and the end of it goes up to that house and the
other half goes to this property and you get two neighbors
arguing back and forth if it ever did get separated and
you' ve got one bloody mess on your hands, Thats. why
proposed originally to leave it aS one solid unit-
S - Berg : We ' ve had shared driveways before -
Attny, Marcus : Actually t 'd say most of the flag lots you' ve approved have
had shared driveways .
H . Slater: There is one other thing I would suggest- I would check with
the Health Department and make sure that by making three
lots out of this one it doesn' t have any effect on you six
bedroom septic system .
20
G . Maybee: They don 't care how it' s configured .
H . Slater: I don ' t think it matter but I would find that out from them.
G . Maybee : If you read that letter it clearly states that there would be
three two bedroom houses. I don' t think that they give a
royal whatever about where a property line is . As long as the
sewer is actually within the confinements of the lot and set
back away which they did measure all that good stuff away
from the well and away from the road frontage and all that
stuff.
Attny . Marcus : I think that' s right. It might be worth a phone call though .
G . Maybee : Like you guys have, control over the variances and this and
that they' ve got control over the sewer but they don 't have
any control over the lot line other than don' t put the end of
the sand filter to close to a creek or too close to the road or
stuff like that. That' s about the only control they've got.
H . Slater. It was just a suggestion . I probably will ask them .
S . Berg : Mr. Maybee you have two choices . We are willing to go
along with either of those two choices. . .
G . Maybee : I am going to adjourn the meeting I ' m gonna take your
minutes I will be in Connecticut next week I will go over all
this with my lawyer in Connecticut .
S . Berg : Do you want us to defer a decision or do you want us to
make a decision now? Those are your choices.
Attny. Marcus : I think what he is asking for is an adjournment.
S . Berg: Okay that' s fine .
G . Maybee: It will be adjourned and I ' m going to go over this stuff with
my attorney because I honestly don't feel legally wise I ' m not
no lawyer, you' ve got one sitting here representing you . I
didn' t bring mine with m e because I didn't think I would
need one .
O . Kelemen : I move we adjourn .
C . Hanley: Well he' s (referring to Mr. Maybee) requested an
adjournment. Unless there is an objection on the Board.
S . Berg : No objection .
C . Hanley: Then your application is adjourned until you contact Henry
Slater.
G . Maybee : Let's reschedule it for next month .
C . Hanley: That' s fine .
H . Slater: There' s no time limit right?
Attny. Marcus: No.
G . Maybee: Reschedule it for next month I will get with Henry tomorrow
morning and I will be in Connecticut next week and I will
discuss all this stuff with my attorney , and find out how he
feels I should address the problem .
21
i
D . Granthamm Do you have to re-notify residents'
_ Haryley : i believe so .
Attny , Marcus, I don 't thine so . Henry you provably know better than I do o
that . I ' m pretty sure you don't have to because if you have a
noticed meeting and you ' re adjourning it during the noticed
meeting , anyone who had notice of this meeting is deemed �
to have notice of adjoumment ,
S . Berg , hat do you mean "deemed to have noti
What of
adjournment
Attny_ Marcus: In other wards anyone who wanted to be here would know
that it' s
adjourned -
. Maybee : If they came they would know it was adjourned. They sent
letters and they couldn't show up or vAhatever . I guess letters
should be sent and I was wing to address that too . I would
like copies of the letters that were sent to you and minutes
of the meeting.
_ Hanley- No problem with that , The Board will give you copies of the
entire file.
_ Berg : S o vue will notify the people who wrote letters?
D . Hanley ' Randy is now saying that area don 't have to do that ,
Attny, Marcus: You guys can always do that, There is_ nothing wrong with
that.
C . Hanley: I would recommend that we do
it-
. Maybee ; I would recommend you do it and maybe even run an art in
the paper again_
Attny_ Marcus., you' re going to have to put the ad in the paper again
because it' s a public meeting . You can' t get around thrat,
G . Haniey-1 Okay then we will move on to the application of Charles
Myers ,
kiFlefli####*klrkfka2i##* kleki !! i ###Rle1Y#/eYi#*# rYYYrleYY4leei#*y # R!k *it#9ii4#*fir# k!'klefFl #i#ak*yeYYefF!lrklefi###*Y4lefFlefFleleii� L*#
22
( 3 ) CHARLES MYERS
8 : 48 PM Chairperson Charles Hanley opened the hearing of Charles
Myers of 334 West Dryden Rd. , Freeville, who was asking
the Zoning Board of Appeals for a variance to Section 754 . 2
of the Town of Dryden Zoning Ordinance. Chair Hanley read
the file into the record , and opened the floor for discussion .
C . Myers : The only thing I would like the Board to understand is that
this garage is the exact same width as the garage I ' m
removing. The only thing I am adding that is different is the
lean-to onto this garage . My wife and I own a camper and
right on the property line there is an old hedgerow that has
trees in it and we found out by parking the camper right
beside the garage, the camper get a a real mess from the
sap coming from the trees. I talked to my neighbor Frank
Prugh and he said he couldn' t see any problem with it. In
fact he is the one who told me that it would help his point of
view anyway because he wouldn 't have to look at this
garage . This one is falling down I wouldn't let my wife park
he car in it last winter. That is the only part that I ' m pointing
® out. To explain the depth of it, I have to have a place to put
my lawn mower; and table saw and tools .
S . Berg : The depth isn't causing the need for a variance?
C . Myers: No that is the width . The 8-foot that I ' m asking for is for the
lean-to to put the camper under away from the trees .
O . Kelemen : Is this lean -to a permanent structure on a foundation and all
that?
C . Myers: It' s part of the garage .
S . Berg : It shows the picture in the file. It' s higher than the garage
door so your camper must be too big to fit in through a
garage door?
C . Myers : Oh yes , that's why I asked for the 12 foot side walls to make
sure the camper could go under the lean-to.
O . Kelemen: Charlie? You said the depth of the new garage is the same
as the old?
C . Myers : No, I ' m adding depth to it to put my tools and such in the
back of the garage .
H . Slater: It has no effect on the rear lot setback, just the side .
C . Myers: Just the side is the only thing I have to have the variance
for.
23
S . Bergo This is a stand -alone structure correct'?
C . Myerso Correct,
B - Berg ; What keeps it from moving away frorn the lot line" Moving
the entire structure over?
C . Myers : My sand fEfter- is probably only 4 to 5 foot away- That is a
guess because I ' m not positive of the exact location - My
septic tank is off the driveway S or 9 feet and the sand filter
is right off of that .
S - Berg : Is there any way to know Henry where the sand fitter might
be?
R Slater-, When was the sand filter installed?
C . Myers . I have no idea- When we bought the place they said them
was a sand fitter put in , but 1 don 't evert know when -
S . Bergo How old is the house's
C . 11 verso I don 't know that either.
D . Grantham : When did you buy it?
- Myers , rs ago .
D . Grantham : An hey said there was a sand filter when you bought it?
C . Myers: es .
D . Grantham - It was probably a replacement then , because if it is are old
Rouse they wouldn' t have done a sand filter.
H , Slater: It' s a mobile home right?
Cr Myers ; Yes-
D . Grantham-LI ' ll bet if it is a sand filter then it is new enough that there is
a record of it at the County Health Departrnent-
H . Slater: There should be because I don't think sand filters were built
before 1970 and the records are good from January 1970 .
Attny. Marcus - I had a question about exactly where the end of the building
is relative to the side line - On the map It says " set back 5
plus or minus 2 . "
C. Myersm It' s 12 feet from the existing garage .
Attny- Marcus - So the lean -to is going to be 10 foot wide?
- Myers; 12 foot wide. I ' m asking for 1 foot ,
Attny- Marcus: How much more room is there from the end of the lean4o to
your property line, Here is says 5 feet .
H . Slater: That is mar estimate.
Attny , Marcus - That' s what is written on the map, but on the bottom of the
application it says 3 feet.
C . Myers; t don ' t believe it' s 5 foot,
Attny- Marcus- You think it' s less than 5 feet ?
. Myers : I believe it' s less than 5 foot,
Attny, Marcus: Henry says by scale it looks like three foot to the property
I ine . That' s your handwriting on the application right Henry?
24
i
H _ Slater; I did it long enough ago that hdtever i said is n 1
thought rt was at the time .
Attny , Mars : The Board needs to know exactly what you ' re asking for,
.lust how close to the property I�ine you ' re going to go . That
is the only thing that they have the authority to decide-
You ' re required to have 15 feet and Henryis guessing 3 �
feet, Is that about Tight'
- Myers : Oh no , I could put another camper in beside me.
H , Slater So you have tell us what you think it is . Because I had to try
and scale guess what it was -
Attnv- Marcus -, On your survey rnap. it sags " remains of old fence and
hedgerow. " Does the hedgerow continue down along the
side by where the lean -to is going to go ?
C . Myers : The trees from the hedgerow continue right down along the
side line ,
Attny- Marcus- Mow far from that tree would your lean -to end up?
Myers : That tree is on my property line-
Attny. Marcus : The Board needs to know flow many feet you ' re asking them
to approve. The requirement is 15 feet and you' re corning
within that 15 feet down to some number, and Henry rs
guessing it' s 3 . Once the Board makes a decision that's
final .
, Myers: I 'm asking for three foot over where I ' m not suppose to be .
H . Slater: So you want 12 feet.
S . Berg : So you ' re going to be as close as 12 feet to the property
fine ,
r; . Myers: want 12 feet from the fence over to here.
i culd measure it, but does that mean I have to wait and
come back to another meeting - ;
0 - Kelemerx : I think its an important measurement -
Attny . Marcus Ifs the only thing they are doing , allowing you to come
below the 15 feet. Mow far is the question .
_ Hanley-, You ' re guess, Henry , was 3 feet?
H . Slater: 0 n i y by scale because the contractor brought the paperwork
in and it went through Kevin and their it came to me.
- Hanley: You see the problem? 1e have to approve the right thing .
Attny . Marcus: That' s the only thing that you ' re applying for.
H . Slater: If your asked for 3 feet of relief and they gave you 3 feet of
relief and you stake it out and you and I go measure it and it
turns out it' s 4 feet of relief that you needed then you have
to Come back . But it is 3 feet or less then that is fine. So you
want to be comfortable with the number that you' re asking
for.
1
I
- Here We had someone have to came. back because they were 6
inches off.
C - Myers: What would happen if I said it was 3 foot and I didn 't take 3
foot
H . Slater. 1(au would be abie to build within 3 feet of the property line,
you don't have to but you would be allowed ta ,
- Myers : All I really creed the variance for would be for the front
corner- The back corner is okay ,
D - Kelemen. Henry, worse case , he asks for 5 feet and that corner he' s
talking about goes 6 feet , does he have to tear that down or
what happens'?
H . Slater: He world be back to see you - He ' s saying that the building
will not be Para I Ile I to the property line , The rear corner will
probably be in conformance .
C . Myers: I have lots of room from the rear corner over. I need it from
the front corner over because of the way the property lure
goes-
. Hanley- You feel confident in 6 feet?
H - Slater That you would be no closer than 9 feet to the property line
on that corner when the building was done-
C . Myerso Yes -
Hanley_ Because what you ' re riskiing is another $75 , 00 and coming
back next time , right Henry's
H . Slater.L He already has a zoning permit he is only risking 50 , 00 -
C . Hanfeym. Would you like us to consider 6 feet of relief or would your
fa her go home and measure?
. Myers : 4 i Tuld like to have you, consider 6 foot-
. Hadley: the Board okay with that?
1 , LalV�otte : y only concern is that he will have to come back again , brit
if he is confident then I ' m okay with it.
, Hanley: Then we will close this part of the hearing and come hack
and deliberate after a short break,
*# kRfFRlrlf7k#*a1Y4Rfrflefli##�JryeFiele###f*Rf1!!e!!i*k#RilF!!1 Jkfk7k**ilYrlrfFlefMlt##*RYa /rlefrefr lfkllekf'k#**7rRKt!!! !!e!�#44d k�
20
NOTICE OF DECISION
TUESDAY AUGUST 7, 2001
A public hearing was held to consider an application submitted by Charles Myers of
334 West Dryden Road , Dryden , who was asking for a variance to Section 754 . 2 of the
Town of Dryden Zoning Ordinance .
Said hearing was duly conducted by the Town of Dryden Zoning Board of Appeals on
Tuesday August 7 , 2001 with members present: Chairperson Charles Hanley , Nick
LaMotte , and Oers Kelemen .
AREA VARIANCE
APPLICANT: CHARLES MYERS
A. IN CONSIDERING WHETHER AN UNDESIRABLE CHANGE WOULD BE
PRODUCED IN THE CHARACTER OF THE NEIGHBORHOOD OR
DETRIMENT TO NEARBY PROPERTIES WILL BE CREATED BY THE
GRANTING OF THE AREA VARIANCE THE ZONING BOARD OF APPEALS
FINDS AS FOLLOWS :
No neighborhood opposition was expressed . By removing
the current dilapidated structure which the applicant has
described as an eyesore and replacing it with a modem
building the appearance of the neighborhood will be
improved.
27
i
II
. I
Motion: . Berg Second: N_ LaMafte
In Favor: 4 opposed: o
i
IN CONSIDERING WHETHER THE BENEFITS SOUGHT BY THE APPLICANT
CAN BE ACHIEVED SY SOME OTHER METHOD , FEASIBLE FOR THE
APPLICANT TO PURSUE , OTHER THAN AN AREA VARIANCE THE ZOA N i
BOARD OF APPEALS FINDS AS FOLLO1l S .-
The location of the septic tank aced the sand filter prohibit
moving the building farther east , and the existing vegetation
as well as the additional cost of extending the driveway
make moving the building north less feasible _
Motion: _ Berg Second: O_ Kelemen
In Favor: 4 Opposed: O
C. IN CONSIDERING WHETHER THE REQUESTED TED AREA VARIANCE I
SUBSTANTIAL THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS-,
This variance does not need even to apply to an entire wall
of the building, but only to one tap of it, namely the
southwestern tip_ Thus , whether measured in terms of the
area effected or the amount by which the applicant is out of
compliance, the requested variance is minor,
28
I
Matron : 0 . Kelemen Second: S' Berg
In Favor.k 4 Apposed: 0
D. fN CONSiDERING WHETHER THE PROPOSED VARIANCE WILL HAVE AN
ADVERSE EFFECT OR iMPADT ON THE PHYSICAL OR ENVIRONMENTAL
CONDITIONS IN THE NEIGHBORHOOD OR DISTRICT THE ZONING E30ARD
OF APPEALS FINDS AS FOLLOWS :
No adverse effect is created since the proposed structure
replaces the current substandard structure_
Motion : S. Berg Second: _ LaMatte
In Favor. 4 Opposed: 0
E. IN CONSIDERIN WHETHER THE ALLEGED 01FFICULTY WAS SELF -
CREATED THE ZONING BOARD OIL APPEALS FINIDS AS FOLLOWS :
It was self-created .
A otiorr: _ Berg Second: O_ Kelemen
In Favor. 4 Opposed: 0
TH IS VARIAN C E IS AS EXEMPT } NON -EXEMPT A TI0N UNDER SE R
SECTION 617 .5-c-, 13
29
Moil rr : Grant Varianca request to construct a garage no
closer than 9 feet to the west property line , N . LaMotte
Second : B _ Berg
VO T E : YES : ( 4 Charles Hanley , Oers Keiemen, Nick LaMatte ,
and Stuart Berg ,
NO : 0 )
ABSTAINED , 0 }
DECISION : VARIANCE GRANTED
*�e�e�f##**#x1,rt**�:,.�##aka►w�.*�#* r�*,4a ,rw�*�*,rv �,►*�*kw ***:vet#*,� k*# 1 rt�e�e�*�x�## #*,t� **�**M* r�e*:�e��*,t
30
NOTICE F DECISION
TUESDAY AUGUST 7, 2001
A public hearing was held to consider an application submitted by Helen Porter cf 980
Snyder Hill Road , Dryden , who was asking for a variance to Secticn 703 . 1 of the Taws
of Dryden Zoning Ordinance_
Said hearing was duly conducted by the Town of Dryden Zoning Board of Appeals on
Tuesday August 7 , 2001 with members present: Gheirperson Charles Hanley, Nick
LaMotte, and Derr # elemen .
AREA VARIANCE
APPLICANT : HELEN PORTER
A. IN CONSIDERING WHETHER AN UNDESIRABLE CHANGE WOULD BE
PRODUCED IN THE CHARACTER OF THE NEIGHBORHOOD OR '
DETRIMENT TO NEARBY PROPERTIES WILL BE CREATED BY THE
GRANTING OF THE AREA VARIANCE THE ZONING BOARD OF APPEALS
FINDS AS FOLLOWS;
There are other properties an Snyder Hill Road closer than
the applicants proposed structure. The existing home is a
pre existing nonmaconformance structure, and the proposed
garage would encroached only an additional 12 feet from
the front line setback requirement.
Motion : _ BergSecond: N. LaM ode
In Favor: 4 Opposed; 0
-3j
B. IN CONSIDERING IN WHETHER THE BENEFITS SOUGHT BY T HE APPLICANT
CAN LE ACHIEVED BY SOME OTHER METHOD , FEASIBLE FOR THE
APPLJ CANT TO PURSUE . OTHER THAN AN AREA VARIANCE THE ZONING
BOARD OF APPEALS FINDS AS FOLLOWS -
The Placement of the Proposed structure mir� ir zes the
encroachment on the front set back requirement,
Motion: S. Berg Second: 0. Ke}emen
In Favor 4 Opposed: 0
CM IN DONSJDERING WHETHER THE REQUESTED AREA VARIANCE IS
SUBSTANTIAL THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS.-
The relief requested is less than 1 % , extending the current
Profile by only 12 feet , therefore it is not substantial
rM1+lotion : O_ Ke{emen Second.m S. Berg
In Favor: 4 Opposed: 0
D . IN CONSIDERING WHETHER THE PROPOSED VARIANCE WILL HAVE AN
ADVERSE EFFECT OR IMPACT ON THE PHYSICAL. OR ENVIRONMENTAL
CONDITIONS IN THE NEIGHBORHOOD OR . DISTRICT THE ZONING BOARD
OF APPEALS F? NDS AS FOLLOWS :
32
The lot is sec ; uded anai there are no close neighbors , See
in reference,
Motion : N. LaMatte Second: S. Berg
In Favor: 4 Opposed,. 0
E. I CONSIDERING WHETHER THE ALLEGED INFFICULTY ► AS SELF-
CREATED THE ZONING ' BOARD OF APPEALS FINDS AS FOLLOWS :
It was self-created .
Motion: Sr Berg Second: O. Kefernen
In Favor 4 Opposed: 0
THIS VARIANCE IS AS EXEMPT } NONmEXEMPT ACTION UNDER FOR
E TION 617m&c-m13
Motion : Grant Variance as requested ; S . Berg
Second % p - Kelernen
VOTE : YES : ( 4 ) Charles Harley, Oiem Kelemen , dick LaMatte,
and Stuart Berg , ,.
NomejQ ) a
ABSTAINED : ( 0 )
DECISION : VALIANCE GRANTED
33
TT
DMISA
w f
401 NartLS; Ave
Ithaca Ne1JV-' Y.atkfi485a.73a
Mr. Cray MayDeC
975 ash Settlement Road
Preevillc � NY 1310.68
Re : Proposed Project Irish Setrent Road
Tax Maps "s 3= 77- 1 - . 9, 3- 774 � , X0, 3 -77- 1 -5 , 1
ear W, -iNbybee:
*: Enclosed you wiU Emd the sewage system construction permit for the project
at the above referenced parcels. The permit reflects your proposal to
construct three two bedroom housiug wits, sharing a common well and
sewage system and being retamed deer your ownership .
You had indicated the intent to canhnue constrmfion bMond the sc a of
the permitted project amply you h pe c
identical pxoicas after wbicb ' would CPW- fifirAm two bedroom living
twits, served by five sTyM systems and five swarate weUs,
As ` we had discussed, the next phase of the mtended project wig rcq=e
submission of pis prepared by a design professiona.L These plans must be
submi ttcd to the Health Department for aggmval prior to .canstmcdon.
The enclosed permit allows constriction of a s e sewage system with a
design flow of 660 gallons per day ( PD), If the next project is the same, the
total sewage flaw for the project wiU exceed 1000 GPD . The wail also be
six service connexions m the water supply, wJuch by definition will be a
public water suwply as defhed in Part 5 of the New York State; Sanitary
Code. Both water and sewage wiJI than exceed the thresholds c tablished in
which engineered plans must be prepared,~ In addition, the water` system wfll
be permanently reguLetted and wdl have to provide a certified operator,
dishafeciionr routine Laboratory analyses, and monthly eand ammal reports ,
j r v do 0i n k Si e + oust rrk o `.
% Recycled paper
-Page Two
In the me ,time, l would recommoud you have a Weil profession l analyze
the c=ttuction and quahty of the well eurx=dy an site. Dur=g my site
visit ott Juue 22P Z600, l was cou=m d thw the well is poorly protected
against the threat of s ►ce water ca atmni ,atiom Notably, the sod was not
packed tighdy around odic casing, leaving au " anuu zing" tbxou& well
contmmnafics .may have . already mlered the grater. Please r=cmbcr #fiat.
Article VTf of die Tompkins Counter sanity- Code requites fat any<mc
serving water to othm must provide potable water safe from wntannnaticmL
e will be sappy to assist you in providing technic2l assistance should you
wish it or need it dmiug the de eiopmeat of y= project Please call roe at
274 688 with any gwsdons ,
F
r iIlC.mlyT p
Rick Ewald
Senor Paxbhc Health Santtan'an
Disk 13
Irish Setflmmt .R& m&ybec
PC . Town of Diydea Codes Officer
Nt Lade} T. C . Board of R2preberaauves
Augwist 6, 2001
1mr, Henry Slater, Zoning Officcr
65 E. (Main at.. _ - -- - - -
really no other location ." I understand the septic and the
well , but what setback rules are causing you problems?
L. Grover: Basically on the right side of the house . . .
C . Hanley : If you want to come up and point it out on the map that is
fine , it might make it easier.
(Mr. Grover approached the bench and pointed out the
areas he was referring to on the map) .
L. Grover- On this side of the house it would be too close to the
property line . Mrs. Porter would like to build so that the
garage is attached . We couldn 't build on this side of the
house because of the well . Over here we would still be in
violation of the other property line .
0 . Kelemen : She would like it attached?
L. Grover: Correct.
0 . Kelemen : I can understand - that.
L. Grover: We could build a garage over here and meet the setback
requirements , but she would like it attached if at all possible.
S . Berg : What is the distance of the existing structure from the road
center? Is that on here?
L. Grover: It would be 81 feet from the centerline .
S . Berg - After construction it would be how close?
L. Grover: 57 feet.
0 . Kelemen : (To Mr. Maybee, conversing boisterously) excuse me, could
= you please respect the panel? Thank you .
S . Berg - This drawing doesn't support that. In other words there is a
24400t difference which is the depth of the garage. Is that
what you are talking about?
L . Grover: Right ,
S . Berg : It looks like the garage is inset.
L . Grover: It would be 81 feet from this point. (Indicating the edge of the
existing structure.)
S . Berg : So it' s not 57 feet from the front of the garage to the road
center?
L . Grover- Yes, it is 57 feet.
S . Berg : This is a 24X24 garage. You' re telling me that this distance
(indicating from the front of the existing home to the front of
the proposed garage) is 24 feet?
L. Grover: No , this is 24 total (the entire garage).
S . Berg : So what is this distance (from the front of the existing home
to the front of the proposed garage)?
L. Grover: Its approximately 12 feet.
2
•
Z ,;i1t erALumak
637 �T1 d7ine , Xoad
freeville. 1� 13068
607.539-65u mld11ne@ao1.com
August 2 , 2001
Charles Hanley , Chair
Zoning Board of Appeals
65 East Main Street
Dryden , NY 13053
Dear ,Mr, Hanley:
We are in receipt of a letter from Henry Slater informing us of a
public hearing regarding Mr. Maybee's proposed new building at 959
Irish Settlement Road. As owners of property along Goodband Road ,
we have watched with dismay as this ill - constructed shantytown
has been erected in our neighborhood . We understand that Mr. Maybee
intends to build 15 of these units . Is this considered a development ?
Doesn 't it require an environmental impact statement , especially '
given the fact that the land drains directly into Six - Mile Creek ? The
only thing that might make this more of an eyesore is to squeeze
more plywood buildings into the - limited space , as Mr. Maybee
apparently means to do . The reasoning behind the local zoning laws
is to prevent exactly the high density housing that seems to be Mr.
Maybee 's goal . We strongly object to the granting of this variance
and encourage the zoning board to take a closer look at this
construction as a whole . We regret that we can't be at the meeting
to raise our objections in person .
Thank you for your attention .
Sincerely ,
K. ahler
Au`uSt , 2001.
To Charles Hanley
Chair
Zoning Board of Appeals
it
Town of Dryden
This is a response to the request made by Gary Maybee of 975 Trish Settlement Road,
Freeville, NY to seek a variance to section 803 . 1 of the Dryden Town Zoning Ordinance.
This section states: "Lot area shall be at least 30,000 square feet with at least 125 ,feet of
street frontage. " We think that Mr. Maybee ' s request to build on a road frontage of 50
feet raises some problems that would affect those living in the vicinity.
1. . We are concerned about the precedent that might be established by clustering
houses together on road frontage land that is at variance to the existing zoning
ordinance. The granting of this variance may pave the way for further development
along these lines, which would impact adversely the amount of traffic in the
neighborhood and the overall quality of life, such as the noise level in what is now
a peaceful rural neighborhood.
2. The clustering of houses together on property less than the current zoning law
allows raises potential problems of sewage and waste disposal that may have an
adverse impact upon fresh groundwater resources in the area.
I The availability of groundwater itself may be an issue depending on the density of
the housing cluster.
Thank you for considering our concerns.
10
1( L
Ci
o'C EAST MAIN =sR=1 , ;;AYCEN, NE'N YCAK 1 =532
Ear-aa4-e, 20 in :he he.:ri o the F ng.. Lakes Region
7CNING- 7 BUILEDING C ME ENFORCEMENT
July 2 ';prd , 212101
Charles Hanley , Chair , Dryden Town ZBA
151 Baker Hill Road
Freeville , NY 13068
Re : Tuesday , August 7th , 2001 ZBA Agenda
Dear Chuck :
I have three requests for variance consideration and have
scheduled each for hearing review on Tuesday , 8 /7 /01
beginning at 7 : 30 PM . As follows is a brief description of
each with copies of the complete applications enclosed for
you per hearing review .
7 : 30 Leon C. Grover , as agent for Helen Porter of 980 Snyder Hill
Road , Ithaca , - New York asks variance consideration to
construct an attached 2 car garage , replacing an existing
roofed porch / deck assembly of a pre - existing , *- 1 single
family home . To do so , the Porter request would ask relief
of the required RB Zoning District 70 ' front yard setback ,
( Section 703. 1 ) . The proposed structure is proposed at 57 '
from the center of Snyder Hill Road . How much more the
garage would encroach the 70 ' setback requirement beyond
the porch / deck area setback distance , I do not know.
7 : 45 Gary Maybee of 975 Irish Settlement Road , Freeville , NY is
requesting relief of RC Zoning District Section 803 . 1 , ( the
requirement for 1259 of public road frontage ) , in order to
construct a third single family home . structure . Mr . Maybee
currently owns ( 2 ) lots fronting on Irish Settlement Road
which were created and approved by formal subdivision review
on 10/ 1-7 / 1974 . Mr . Maybee applied for and obtained Dryden
Town Building Permits , one in 2000 and a second in 2001 at
963 and 955 Irish Settlement Road . The 963 home is complete
and the 955 structure remains under construction . Each are
sited on October 1974 approved subdivision lots .
Recently , Mr . Maybee applied for a third permit to construct
a single family home between the 955 & 963 Irish_ Settlement
structures . To do so , he would extract an area 1018" +/-
deep by 300 ' + / -- from a third 39 . 01 acre lot immediately
*- 1 pre -existing : Home build prior to the adoption of Zoning
Ordinance .
July ZSrd � 2001 -'Ewa
behind 955 & 963 . i , 12 100 ' '140" area would be cam � i aed
i h tMe 9 I 3 -Lots which would then i ` equir a al pants �
to Eke consolidated iNita one Sat 300 ' x 300 , , ab0Ut 24 r + 1 —
acre5 resulting 3 hoiaes with 300 % of frantage when- 2 3735 ' are
r• e �} uzr` ed . .
Audi dit onal Co.ns. iderat IC] ds : +fin June 27th , 2000 .1 Mr . Ma bee
applied for and received Tompkins County Department of
;health approval to construct a ( 5 ) six bedx• eom septic
system . Each of the 3 struct �ir• es contain two bed -rooms .
Additionally , there is only one well proposed to be sha-rect
by all three holes . Mr~ . Maybee Lsnvi5ions this project as a
cluster housing project which would be operated as ,a .rentzaj
housing project .
As you ' ll -oo doubt recall , a project Bate this i5 not to' be
considered a multiple housing project , r• ec,sll ( Schickel
interpiretat5ion 2000" cotpled with r esultirtg Zoning ordinance
amends; ent 2000 to clarify Multi family structure ) .
final note : It may be necessary to ask for Planning Board -
approval, to cflrrsolidate the two lots , 955 & 96301 as the
propasal may be a modification of an existing subdivision ,
9 : 00 Charles Myers of 334 West Dryden Road , Preeville , NY is
requ ,s5ting vari. a� ce authority to construct a detached
Private star�alge structure , 36 , x 2 ' x 121 high , C� InseY% than
RBH i Zcining District Section 754 . 2 side yard setback
requirement of iS feet . Proposed setback , by scale , appears
to be about ( 5 ) Feet .
The prapased structure is for replacement of an exl5ting 209
x 251 detached garage which will require prior demolition .
Applicant provides a nar^x• at i + e which speaks for it se ] 1= .
r of these , being an area variance , would appear to be
11 exempt under the applicable provision , 6NYCRR Part 617
SuZc�t i an 6 17m 5 t% 13M
P . S. Please find a pwreparwed " Notice of Decision " far a
1219E Barbara Dayton area variance appeal . It appears ., the
resulting decision was not preparedat conclusion of the
1998 hearing , if acc! aptabl, e , you may sign aritgi. nal Notice
of Decision at the Bl712001 ZBO session .
Cbarl2s Hanley July S3rd , Ebel page tare
� Very t7muIy you-rs ,
Henry M. Slate-r
ZTnITL9 & Building code EnfJrcesent Officer
cc : ZSA Members
Mark vavveyanls , Dryden Town Supervisor
Deb Gran ± ha ■ , Town Board Llaisnn
Mahlon • R . Perkins , Dryden Town AttayLney
Randy Marcus , ZBA Attorney '
Dave Putnam , T . B . Miller Engineers & Surveyors
J■cN Bush , Dryden Highway Superintendent
Laura Carpenter , ZBA Rec . Secretary , memo GnIy
. Applicant Anent , Lean Grover For Helen porter
Applicant , Sary Maybee
Applicant , Charles Myers
(�
�