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HomeMy WebLinkAbout2001-09-04 TOWN OF DRYDEN ZONING BOARD OF APPEALS September 4, 2001 AGENDA. ( 1 ) Gary Maybee ( 2 ) Gerald and Shirley Lyon ( 3 ) Nathan and Jennifer Winograd (4) May B . Hines MEM . PRESENT : Chairperson Charles Hanley, Stuart Berg , Anne Everett , and Nick LaMotte . ALSO PRESENT : Henry Slater, Recording Secretary Laura Carpenter, Robert Keech , Gerald Lyon , Shirley Lyon , Gary Maybee , Nathan Winograd , Jennifer Winograd , Deb Grantham , Richard Dunn , Pat Dunn , Ed Couch , Nancy Couch , ® LEGAL COUNSEL : Attorney Randy Marcus *##**#fA#* A##*A# **#**AA*AAAAA##*** *** #AAAA*A# *##**A##AAA **#****A *#* *# A *#**#*##*## A##*#**#**#**# AA ( 1 ) GARY MAYBEE 7 : 37 PM Chairperson Charles Hanley continued the hearing of Gary Maybee of 975 Irish Settlement Road , Freeville , who was asking the Zoning Board of Appeals for a variance to Section 803. 1 of the Town of Dryden Zoning Ordinance , Chair Hanley read the notice from Henry Slater sent to members of the Board dated August 17 , 2001 . Chair Hanley also read a fax dated September 4 , 2001 from Charles DeMotte . *Please see file as well as minutes from August 7, 2001 for complete background information and details regarding the Gary Maybee application. t 7 : 45 PM Chair Hanley opened the floor for discussion . • G . Maybee : Henry and I had talked we added 30 some odd feet of depth which according to my calculations comes up to 99 , 000 square foot for three houses . We are over the 30, 000 square foot that the Town requires so Mr. DeMotte doesn 't know what he is talking about. As far as the sewer and well is concerned - as Mr. Slater has showed you - in a letter from the Health department , the well was tested by the Tompkins County Health Department and the sewer was put in according to NY State standards. I don 't know what their big problem is up there. I 've told them all to get their checkbooks out and write me a check and they can own the land and look at it forever wild . As long as I ' m paying the taxes on that property and I own it I ' m going to build on it . A . Everett : Henry is that substantial or important, the 30 odd feet that he added . Where did he add that to? H . Slater: What happens is that the two lots that front on Irish Settlement Road - 7715 , 9 and 7715 . 10 - are narrowed by 12 . 5 feet each and then 20 feet of the 40 acre parcel in the back were attached to that lot . The 30 , 000 plus square foot O lot was created as the third lot out of the large lot in the back. I think it is most easily illustrated here ( indicating a map on file ) Mr. Slater clarified the lot configurations for the Board members. A. Everett: Is that what you usually do? Include the road in the flag? H . Slater: It' s part of that lot . This hammer is all on that lot. So the area of that entire sledgehammer should be included in the calculations. G . Maybee : I was opposed to doing this and I ' ll tell you why. . . A. Everett : ( To Mr. Maybee) excuse me . Henry if you have 100 by 300 , you' re saying , isn 't that comparable to an acre? H . Slater: No , an acre is 43 , 560 square feet . You ' ve got 30 , 000 square feet back here and then you' ve got 5, 700 plus or minus square feet , which is created from this lane . A. Everett : Okay, G . Maybee : I was in opposition of doing it this way because if this property ever should get divided in the future it could turn into a nightmare . I wanted it all as one lot. But because your specific Planning Board rules and regulations and Zoning law don ' t allow that between consulting with Henry and 2 is coming down to this last meeting last month and talking to my attorney he advised me to do what you guys want to get Mat I need . Hopefully your Planning Board will do something in the future . A . Everett: Mr. Maybe what are you going to do with the back 39 plus acres? G . Maybee : As I had made the statement in the Town Board meeting in the past and I made a statement down here at the last meeting , I intend on putting 12 -15 rental units in . The rest of it is going to be pretty much kept forever green . We are intending on building on the back corner which would be if you looked at it with the road frontage like this we were intending on taking the property line right off of this 5 . 6 straight back to the corner. My son has decided that he would like to build a house back in this far back corner, which would not be one of the 12 - 15 . Like I said I want to put 12- 15 rental units in . I have 2 children they have been told that if they would like a piece of property I would be more than happy to give it to them to build a house . I don 't know what the big controversy is . Originally this property was slated to have 75 homes on it . I made a major expenditure. I just got my tax bill from the school of 7 , 000 dollars and these people want to tell me what to do with the property . Like I said earlier, get their checkbooks out and o start writing and they can do whatever they want with the property. Until then leave me alone ! H . Slater: Actually that number is 49 lots that were in the original subdivision plan . G . Maybee: 49? Okay. I can 't remember what the exact one is I ' ve got the plans at home . Okay it was 50 houses. So we' re proposing a possibility of a grand total - okay Mr. Street that originally owned the property had built two in there right? My old house 971 and 973 - I ' ve build 2 and the one I live in isn' t going to be counted in the 15 . 1 have 2 that are completed right now that are rented a third one that is just about ready to be inspected for a roof. The 3'd one will make 4 houses that I ' ll have for rental . I want to put approximately 11 more in . I don ' t think that' s outrageous . I ' m sorry these people are way out of line I ' m talking about even with the 2 houses that I didn 't put in there and a house I live in we' re talking making 20 houses maximum on what? Almost 50 acres of land when you count the road frontage? H . Slater: Pretty close to that. G . Maybee: Now the gentlemen who wrote the letter in to you , Mr. Mc- whatever his name is , I can ' t even remember his name , Mr. McMott, he' s literally cut trees down on my property to open his view up to the field and the hill out behind my property. He' s caught the field on fire 3 or 4 times. He's built decks onto his trailer, his doublewide trailer, and I 've never said a word about any of this stuff. I pretty much stay to myself, mind my own business and then all these people are trying to tell me what to do . I can ' t believe this . C . Hanley: Henry you had concerns about side lot conformance? H . Slater: Set back conformance for the existing houses if this lot were to be altered . That' s why I said suggested , and I discussed this with Mr. Maybee , that he should clearly be prepared to demonstrate that there are no other variance necessities created if you should grant this . That is why I stated that I believe he is committed to do that. G . Maybee: I 've already talked to the surveyor and asked him to please try to be up there by the third week of next month , or this month I mean . N . LaMotte: The proposal he' s talking about with these 15 houses or whatever will that require going back though subdivision approval ? H . Slater: I think in the proposal that Mr. Maybee would bring forth to the Town would be at a time in the future when and if the Town adopts a cluster housing approach to development. I believe that was your intent right? G . Maybee: I talked to the Town Board once before , you were there , about a year and a half ago about getting something on the plan for cluster housing . I personally am trying to give these people as much space as they can possibly have . I live there . I ' ve lived there 27 years all right . Believe me I don 't want to see junk in my back yard let me put it that way . These people are just outrageous . I mean cluster housing has been a concept in several states other than New York . What it does is it cuts the cost of actually building the houses by putting one main driveway in , one main sewer, one main well and put in a electric pole to feed all three houses. It cuts a lot of cost out . It' s not something that has never been done anywhere else , I ' m not asking . . . S . Berg : It' s not legal . It' s not our decision . It has nothing to do with us . G . Maybee : It has nothing to do with you . So what I am here asking you now is , you flatly told me at the last meeting , it' s in the minutes , that there is no law covering what I am doing so 4 you can 't issue me a permit . So that I have to come at it from a different direction . Well I ' m here coming at it from that different direction under the advice of my attorney . H . Slater : To finish Nick' s question , if that were not to occur he would have one other choice under current regulation , that would be to create a subdivision that would create sufficient lots to build each home , it could include building a Town road which there is room to do , or he could come back you for further variance reliefs. Those would be his only choices to the best of my knowledge. Attny . Marcus: The only slight modification to that would be a private road . I don 't know of any that exist in the Town of Dryden . I don't know of a situation where the Planning Board has approved a subdivision with a private road , but it could happen . It' s not outside the realm of the law. I don't want to take a lot of time going into it , but as I said to Mr. Maybee at the last meeting if you' re going to go through a development with a private road the state law has a variety of requirements that you have to satisfy. So it' s the same category as Henry' s second example of doing a subdivision , but instead of with a Town road the possibility of a private road . Again I ' m just mentioning it because it' s within the scheme of the law, but it' s not commonly done . From a developers standpoint it' s got pro 's and it' s got con ' s so it' s just another way to go . G . Maybee : The pro I was looking at, and why I proposed a private road was because we have a swimming hole it' s called the 600 swimming hole , all summer long okay, and I 've had a lot of problems and I ' ve started getting real nasty and leaving notes on peoples windshields , I have a pole barn with a huge parking driveway that' s probably 45 feet wide and it ' s over 150 feet deep I spent a mega buck putting this thing in okay? I drive tractor-trailer. When I come in off the road and I ' m coming home I can' t even park in my own driveway I ' m a little upset . We 've had people park in my driveway with their cars to walk out to the swimming hole to go swimming . That's the only reason I had proposed not a Town road but a private road because what I foresee , they can get that extra 159 yards or 900 feet or whatever the depth be of the road and get that extra distance back in there they are going to be parked all along that road and anyone that lives back there are going to have to put up with these people parking in their front yard , put up with these people walking through their yards to go out to the back swimming hole . S . Berg : Where are we talking about a road on this diagram ? 5 G . Maybee: It would be on the western side of the property. H . Slater: Between 5 . 6 and 5 . 5. S . Berg : That space between them . Attny. Marcus : Actually I thought that Mr. Maybee was saying that that's where his son' s property is . C . Hanley: No , I was saying on the other side . Not unless Henry has quoted you the wrong numbers . H . Slater: It' s on the western side you ' re talking about . G . Maybee : Eastern side . Attny . Marcus : That' s where your son ' s property will go. G . Maybee: My son wants to come off of 5 . 6 right off that property line and shoot it right straight back , and he would like to put a house way back in the back corner. My daughter has expressed interest in starting a house sometime next summer on 5. 12 . My daughter is not very financially well off so I doubt that she' ll be doing it but the lot is hers if she wants it . Attny. Marcus: So just to confirm the road you ' re talking about putting in would be between 5. 3 and 5. 12 . G . Maybee : Right. 145 foot of road frontage right there right now presently in the original survey that was between 5. 5 and 5 . 6 was a roadway and between 5 . 12 and 5 . 3 there was another roadway the original development plans called for a Town road to go back in there . I don ' t want to dissect the property way up and add a bunch of roads and everything else. What I want to do is, it' s right there between 5 . 12 and 5. 3 go back in and put a circular driveway back in there somewhere put a big loop like around there and I ' ll be building approximately , if these three go through and my daughter builds on 5 . 12 we are planning on putting a third house behind that like we' re doing now so that would be six so we would be putting nine more homes on a driveway that' s probably going to be a roadway I should re-phrase that, probably be at least 1 000 foot long . What we were proposing is to put in like a big loop back there and maybe a pond in the middle and forever wild in the middle . I ' ve even proposed donating the land to the Town to leave it green forever , and the Town said they wanted to part of it because , take it off the tax rolls and it' s something else they've got to worry about somebody getting hurt on or something . Attny. Marcus : So if you went ahead with those plans and you put in that road . . . G G . Maybee: We already have an engineer and we ' ve consulted him and sometime in within the next year or so we will be down to the Planning Board again with plans to show them exactly what we want to do. Attny Marcus : Do you have in mind that those would be individual lots , along the same lines that you have here . G . Maybee: What we would like to do is continue to cluster them together, yes. These people that are so concerned with the ground water and the sewer up there , if they would take one look at Yellow Barn development with all the sewer systems that were spread across that development over there it literally polluted all the wells over there and the Town had to go in there and rescue them and put a water system in . A. Everett: The Town didn 't put a water system in Yellow Barn it' s a private system . G . Maybee: Well the Yellow Barn residents did it . Somebody did it. A. Everett: Not because of pollution . I 've lived there since 1966 . G . Maybee : It isn ' t? What is it because of? A. Everett : It was put in as a service to the people . It wasn 't because of pollution . G . Maybee : I was told a long time ago by John Andersen of the Tompkins County Health Department that is was put in because the sewer system polluted the ground water there. A. Everett: No . I don' t think so . O G . Maybee: Anybody that uses any amount of theory or thought about it if was to put 15 separate sewer systems scattered all over that field you stand more of a chance of polluting the ground water and more of chance of having problems than if you put five in . Now with the amount of sewer tanks I ' m putting in I ' m putting way beyond what the Health Department calls for. I ' m putting a total of 4 , 000-gallon sewer capacity that' s - tank capacity - in on these sewer systems . The Health Department only requires 1 , 500 . Now I can take and have a pump truck come in there and literally pump them tanks and shut that system right down for as much as two or three days , and I can have them come right back and pump it every other day and if there is a problem and the problem goes away then we know that' s the system that was the problem . Whereas you got 15 20 of them scattered all over with 1 , 000 gallon tanks do you realize what the cost would be to try and figure out which sewer system is creating the problem ? C . Hanley : I ' ll remind the Board that we have a tight evening tonight with three other applications . Does everyone have his or her questions out on this one? Board members responded that they were satisfied to this point. 8@00 PM : Chair Hanley closed the hearing portion of the Maybee application instructing the applicant that he could stay for the deliberation process or call the zoning office in the morning . R ( 2 ) GERALD AND SHIRLEY LYON 8 : 00 PM Chairperson Charles Hanley opened the hearing of Gerald and Shirley Lyon of 29 Mineah Road , Freeville , who were asking the Zoning Board of Appeals for a variance to Section 754. 1 of the Town of Dryden Zoning Ordinance . Chair Hanley read the file into the record as well as a letter from TG Miller dated 08-31 -01 . 8 : 05 PM Chair Hanley opened the floor. S . Lyon : Have any of you been out to see this site ? !None of the Board members had been to the site. B . Keech : This water problem that Miller talks about was done to lessen a very serious problem that they use to have . Every time there was a "gully washer" they would go home and find the water heading for their front door. So they eliminated a driveway where the water use to come in and put this high embankment there . As far as creating a lot below the roadway , if you went up there you would realize that the whole lot is way below the roadway . This area that we are talking about has big topographical problems. The further up the creek the narrower the build -able area is . C . Hanley : Would you like to come up and show the Board members what you ' re referring to? H . Slater: I think the letter from TG Miller is simply to make you aware of the fact that water could come up and flood over your property line . S . Lyon : We have actually stopped the water problem . H . Slater: It was just to make you aware that water was an issue , S . Lyon : It was an issue . We got it fixed . Using the map on file Mr. Keech clarified for the Board the changes that were made in order to lessen the water problems. A. Everett : Is the house in compliance? S . Lyon : Yes. But where the house is - off the backside - when we walk out the back door onto our deck we are already looking down more than 25 feet. That is the lower part. As you move up just a little bit it starts to narrow even more . 9 S . Berg : So the reason this structure can ' t be further back is the slope . S . Lyon : Definitely . B . Keech : And the water line to the well . Their well has just ruptured in the last day or two . S . Lyon : I wouldn ' t want a building over our water to our house . That' s ludicrous , who anticipated this? To be honest with you anytime you start pushing dirt back into a ravine than you have DEC crawling all over you because now you ' re messing with their trout stream tributary . S . Berg : Where is the property line on the other side of the house? S . Lyon : That' s about 800 feet away . S . Berg : What is the terrain like on the other side? S . Lyon : All ravines. It' s huge . S . Berg : Around the house and this immediate property there are ravines all around you . S . Lyon : Behind every neighboring property as well . They can set back because as we said it narrows as it goes up . The Town of Dryden has a turn-around up there and they had to bring dirt in so they could back up to the top just above my property because if they didn 't the trucks or school bus would go right into the ravine . A. Everett : Where will the camper trailer go into this? Will it go in right from the road ? S . Lyon : No . From the road you an only see the shingles roof. A. Everett : Show me how you are going to drive into it . Using the map on file Ms. Lyon illustrated the path a vehicle would take to enter the proposed structure. A. Everett: You ' re saying this is a fence? This line? S . Lyon : Yes on both sides of the driveway. A. Everett : So you ' re not backing in and out of the traffic? S . Lyon : No . You have to go into the driveway. It' s a big square area , in there and it sets off in the corner. A. Everett : How many acres do you think are there other than the slopping are and the wooded area ? B . Keech : The only thing I can tell you is that it did meet the 150 foot circle area that they had to have when the sewage system was put in by the Health Department . S . Berg : What are these small buildings here? (Indicating the hand drawn map on file) . B . Keech : They are temporary structures . S . Berg : So this is flat enough in here ? 10 S . Lyon : Absolutely not. The well is there so nothing bigger can go there. B . Keech : It' s a shame you couldn ' t get up there to see it. It' s a little adifficult to talk about it. S . Lyon : I ' m actually a little disappointed that at least one person didn 't come . C . Hanley : Please don 't feel slighted . I don 't think I can recall another instance when at lease one Board member didn't go visit a site . We' ve got one member in the hospital , I ' ve just recovered from pneumonia , Anne has been on vacation , etc. This doesn't usually happen . Please don 't feel slighted . You just caught us in a low period . H . Slater: What they are saying about their property is true if you want to take my word for it . They aren't exaggerating at all . N . LaMotte : When was this house built? S . Lyon : 22 years ago . S . Berg : Will this be an enclosed structure or open ? S . Lyon : Enclosed . Actually , we are having our house sided a cream yellow with emerald green shutters and the proposed structure will be sided likewise . A. Everett : How high is the fence? S . Lyon : It' s a gradually raising fence because of the terrain . But it' s a six-foot fence . C . Hanley : Any more questions ? There were no more questions. 8 : 16 PM : Chair Hanley closed the hearing portion of the Lyon application instructing the applicant' s that they could stay for the deliberation process or call the zoning office in the morning . Mr. Keech asked if he could speak in order to clarify some statements made earlier about the Yellow Barn Subdivision. "The lots were substandard lots and they could not put a well and a sewage system on each lot so that is the reason they had to build a water system, and / helped them do that so l just happened to know about it, #44R*AAR##4*## AR#A*## RR4#R4### R## #*# **R*#4*# R# # R*4*##*# R*# 4*#MAR## R*AAAARR4*#####R4*# 4AARR*#*#M##**# 4* 11 l ( 3) NATHAN AND JENNIFER WINOGRAD 8 : 16 PM Chairperson Charles Hanley opened the hearing of Nathan soand Jennifer Winograd of 413 Hunt Hill Rd . , Ithaca , who were asking the Zoning Board of Appeals for a variance to Section 804. 1 of the Town of Dryden Zoning Ordinance . Chair Hanley read the file into the record as well as a statement from the applicant and a letter dated 07 -2M1 from Amy Currie , and opened the floor for discussion . 8 : 25 PM : Chair Hanley opened the floor for discussion . R. Dunn : That road is in real bad shape and that means it' s going to have to have some work done to it . Like the applicant stated there is a house right across the road that is real close to the road and theirs is real close to the road . We get a lot of snow up there and with no place to put snow and you ' re backing right into traffic that is on a steep hill school buses are going up and down that road all day long and with the garage out there , backing into the road I don' t think it' s a good idea . I believe that if this whole thing would have been layed out when he bought the place , there was plenty of room to put a garage where he put his cats and his other stuff. S . Berg : (To Mr. Dunn) . I have a question about your statement. No matter where the garage is - if he wasn 't even here for a variance and was able to put it back 70 feet - he ' s still backing out onto that road right? Correct? What' s the difference? R . Dunn : Well if you ' re inside of a garage backing out you can't see the traffic coming out through there . The garage is going to be on the lower side of the house . Dunn : You ' re dropping right down a steep bank. S . Berg : Let ' s just say the applicant were able to put the garage 70 feet back, you would still have the same situation . P . Dunn : No, he could see before he hits the road . R . Dunn : If the door was coming in from another direction , like the garage could have been put up around on the other way so you could back out and you wouldn't be backing right into the road . Doing widening or anything with the road you are going to be that much closer to the garage . This is a narrow two-lane highway . Since I ' ve lived up there it was dirt road 12 IM and they black topped it and now it's getting more traffic every day across there. S . Berg : Is this the house that use to be the Koehler' s house ? a . Dunn : Yes . N . Winograd : Correct. P . Dunn : And on the other side of that home there could have been a garage where he could have driven into and come out not on to the road . He' s put cat fences and everything . If he had arranged his property and planned ahead the garage could have been on the other side . Last year in one ice storm five cars ended up right together right there. Coming down the hill with no control , We had a terrible ice storm up there. R . Dunn : It is a dangerous spot . Dunn : On both ends of the hill . I ended up on one hill with somebody else and five cars ended up right down there all together with no control they couldn't get out of each others way the only thing that stopped them was each other at the bottom . R . Dunn : A lot of times the snow plows can't even get up the hill they have to back up . P . Dunn : They have to go up backwards . R . Dunn : It's very steep and that' s a bad spot . C . Hanley : (To Mr. Winograd) . Do you want to respond? N . Winograd : I ' m not really sure what the objection is. One way or another we have to park on the road or we can park it off the road . From our point of view it ' s better that it sits in a garage as opposed to not in a garage . At any rate there is a parking area closer to the road where you would come out of the garage . We park our cars there now. It' s either in a garage or not in a garage . The house is only 1100 square feet and the garage serves two purposes . A place to park the car so that when the kids fall asleep in the car they can stay in the car in the garage and also a place for storage . I guess don 't understand what the objection is . R . Dunn : The only objection I have is that the road is going to be that much closer to the house when they do any kind of work on the road . N . Winograd : Still the garage would be about 40 feet away from the road , which is where the house is . Even if they did road widening guess I don' t understand how that would be impacted . P . Dunn : Advanced planning would have put the garage on the other side where he could have gone in this way and put the cat fences and all the cat paraphernalia on the other side which wouldn ' t have had an impact on the road . 13 I C . Hanley : Do you want to speak to that because one of the things we have to consider is whether there was another alternative. N . Winograd : I guess I don 't understand what they are saying . Where should we have put the garage? S . Berg : Could the garage have been put on the other side of the house is what I think they are asking . N . Winograd : If you look at the other side of the house there is a pond that. . . can I come up and show you? C . Hanley . Sure . A. Everett: I tried to find your property but you didn' t have your mailbox marked . I couldn 't find 413 . N . Winograd : Our neighbors told us that we are on a scavenger hunt list for some fraternity so every year our mailbox gets stolen so we just bought a new one . A. Everett: Where is it when you go up Hunt Hill ? N . Winograd : If you ' re coming from Ellis Hollow. . . A. Everett: No come from Midline. N . Winograd : Midline . If you ' re coming up Midline there's a house with all these Husky' s on the left which is right on the corner and then there is another house which belongs to Mike Jackson which is set off of the road . And then there is a little clearing and there is a big pond on the left. We are that tiny little house that used to be a barn . A, Everett: There are some trees ? N . Winograd : Yes . Here is the house. He' s saying we should put it here . You can 't put a garage further back in this area because right around the house there is a significant slope that comes right down to the pond . If we were to put the garage on the other side we would have to put it much closer to the road than the 40 feet . What we were told when we called was that one of the intents of the 70 foot ordinance was to allow for road widening . To put it here we would have had to put it closer to the road. The goal is to keep it at least as far back as the house . I ' m still confused . I don' t understand Mat the complaint is in terms of dangerousness coming out of the road . A. Everett: How will you enter the garage ? (Indicating straight on from the road) . N . Winograd : Correct. A. Everett : And if you back out I think that is what the gentlemen is talking about. If you drive in and then you have to back out you only have 40 feet from center of the road . N . LaMotte : How big of a vehicle do they have? My God 40 feet? ! C . Hanley : I must admit I don 't see the problem . 14 / r N . Winograd : It' s a little station wagon . H . Slater: What if they made it so they could back around and then drive out . N . Winograd : There is parking area here and here . (Indicating areas on the map on Me) . Either way we are parking there . So we are still backing out into the road the only difference is that during the winter or when it' s raining we can park inside . H . Slater: I think what they are saying would be alleviated if you made your driveway so you could back out into a little turn around before entering the road . N . Winograd : Or we could put mirrors or whatever. It makes no difference to us. Right now we have a car parked here and literally about 4 or 5 feet in front of the car it comes pretty steep down to the pond . C . Hanley : It slopes away from the house . N . Winograd : Yes , right in front of the car. If you take a little Honda civic, right off the road , about 4 feet in front of the car you ' re coming straight down . J , Winograd : I don' t know how close to the pond that would get if we had to have it 70 feet back . A. Everett: How big is the pond? N . Winograd : It' s g/ of an acre . If we were to put the garage on that side it would literally sit on the road . A. Everett : How big a piece of property do you have? N . Winograd : It' s 17 acres but if you look at the map you can see it' s deep , ' not wide . It' s all woods. The pond kind of cuts across it . This is the tip of the pond and the suggested site for the proposed garage . But it literally shoots at a 45-degree angle or more. Attny. Marcus : The question I had about that is on the survey map it looks like where you have the proposed garage shown here , it looks like there is a lot of room before you get to the pond . know you ' re saying over here where the parking area is there is a steep slope , but I ' m having trouble picturing it. N . Winograd : There are bushes and trees all along here that would have to be cut down and again it' s like this area . The garage right there would be 3 feet lower than the road . Attny. Marcus : Back beyond where you ' re proposing this new garage . . . N . Winograd : If you saw the property I think if you ' re going to use it to put a car in it' s probably the furthest back that you could set it without . . . Attny. Marcus : You ' re saying that you are prevented from going any further back at that location because the slope is so steep. There as well as on the other side of the house . 15 v~� N . Winograd : Yes . Also if we were to do it you would lose that entire view of the pond and you would have to level trees , which we are hoping not to do . R . Dunn : On the upper side where he is saying it' s so steep there is a road in there that I drive right into . There are probably a good 100 or 150 feet there before you get to the pond . N . Winograd : The road is all the way over here. R . Dunn : The road runs right along his fence. He' s got a fence that is 6 or 8 inches off my property line . He's got a 6-foot fence that runs all the way down through there . C . Hanley : Why don 't you come up and show us . S . Berg : Which side are you on? R . Dunn : I ' m on the West Side , C . Hanley: Where is the road ? R. Dunn : I have a road that runs right down on my property. There is a sugar house right here . C . Hanley : I see it now. R . Dunn : This property runs back right along that road that I drive in all the way back. What he's done is that he ' s built fences and buildings in there instead of putting his garage there . That' s my argument. And the safety of it. N . Winograd : It' s not on our property, we can 't use that road so I don 't know I just think this is an excuse over animosity there are other issues that I think are here . C . Hanley: Does everyone have a picture? Nick? N . LaMotte : I ' ve got a picture and I also have a feeling that this is one of those things that you run across periodically where there is something totally unrelated to zoning which has spilled over into this request . I may be wrong . R . Dunn : The thing I don' t understand is the safety of it and the 70 feet was put into zoning for a reason and my feeling is that you cannot do anything with that road . If you' re familiar with that road and the amount of snow we get the first time that snowplow comes down through there his garage doors are going to be in the back of the garage when it comes off that wing . N . Winograd : If that' s true then that is our expense . N . LaMotte: You' re saying that somehow they' re winging this snow back 40 feet? S . Berg : Well 30 feet from the edge of the road technically . N . LaMotte: 30 feet? S . Berg : Why wouldn 't it hit the house now with that logic? 16 H . Slater: You ' re talking about 25 feet off the road but his house is the same distance so that should be some indication of where the snow goes to . C . Hanley : Hunt Hill Road is a rough road in the winter, but I don 't understand your argument sir. It would be the same place as the house so if they widen the road they would have to move his house too . N . Winograd : I will agree to move the garage if they want to widen the road . I will stipulate that if it becomes an issue this body can have continuing jurisdiction and I ' ll move the garage . We just moved here from California and we met with almost all the neighbors surrounding the property because everybody was concerned about what we were doing with the property . We invited everybody to kind of walk through and see the improvements . There has been some misinformation in terms of what we were trying to do. Talk of us having 10 dogs and a bazillion cat running around poisoning water supply. Completely unrelated to the garage. So we invited all our neighbors to come through our property and look at all the improvements we made . Everybody who has come through has said they didn ' t object. It' s a bam that was built in the 1840's and has received no care . I think what we are doing with the property should benefit everybody in the neighborhood because we have spent over 30 , 000 dollars just on landscaping so that it looks pretty and we are restoring the house I just think (this objection) is unrelated to the garage . I will address any safety issues if it means we have to turn around or we can ' t park in there a certain times . We just want a garage . N . LaMotte : The issue is being discussed that somehow you provide a turning area between the garage and the road . Is that physically possible? N . Winograd : so that when a car enters the road it is driving out rather than backing out? N LaMotte : Is there anything that prevents that? N . Winograd : I don't believe so . C . Hanley : So what we are looking at is a 6 or 8 foot gravel bed so that you can back out of the garage and then pull out on to the road . Is that a problem ? N . Winograd : No that' s not a problem . C . Hanley: Is every one okay then ? N . LaMotte : I think he' s eliminated that objection about impeding traffic. 17 8 *40 PM : Chair Hanley closed the hearing portion of the Winograd application and instructed the applicant that they were welcome to stay or could call the zoning office in the morning for the decision . I A*#AA#ARR#} AA# RRAR*##RA • R##*# AAAR*#R#A****# #*#A*#*#*** k#RR## *# AAAA*###*k#**RA*###Rk#Rk#**# A*# #*## *A 18 (4) MAY B . HINES 8 : 48 PM Chairperson Charles Hanley opened the hearing of May B . Hines of 457 Ferguson Rd . , Freeville, who was asking the Zoning Board of Appeals for a variance to Section 703 . 2 of the Town of Dryden Zoning Ordinance . Chair Hanley read the file into the record as well as a letter dated 11 - 18-98 and additional letter dated 09-04-01 from Stephen Singer. 8 : 50 PM : Chair Hanley opened the floor for discussion . D . Hines : I think the application is reasonably clear. I don't see where it would negatively effect the adjacent property owners from an aesthetic perspective and physical perspective . The problem that is outlined in the letter by Mr. Singer I agree I did cut down some brush and thorns and stuff over on his property line . Once it was pointed out that it was on his property line I apologized for doing so . His objection I think is a result of that. He cannot see where the proposed structure is from his house. There is a bunch of woodland and overgrowth . There are no problems with runoff. As far as out neighbors on the backside by closer than the ordinance dictates I don't believe there will be an aesthetic disadvantage . The property slopes down and any runoff would be coming away from their property . The advantage of seeking the variance is to keep several mature trees in place and not cut them down . I think it would just be a better fit . The proposed building will sort of mimic the house. I think it would be a nice desirable structure . C . Hanley: What I would like to do is let the Board ask some questions of the applicant and then we can go back and get reaction . S . Berg : I would like to see where those trees are on this diagram (indicating the diagram on file) . C , Hanley: Would you come up? D . Hines : Sure. S . Berg : You said they were large trees? D . Hines : There are several mature trees . If we were to move in there are three, there's a pine and a hardwood tree . S . Berg : Within 15 feet of the front of the proposed structure? g P P 19 D . Hines : It' s not within 15 feet but I think it's within 20 but you can 't have the trees right in front of the building . There are several trees over in this section that I ' d like to keep . O S . Berg : So that' s within the 10 feet? D . Hines : 10- 15 feet yes . A . Everett : I live in your neighborhood and I walk by this property frequently . What I seem to have observed is if you put this building where it should be according to the zoning laws it wouldn' t make much difference in the appearance of the building or the lot . You do have trees but you have plenty of trees in front of it and on the side of it . D . Hines : Some of those would have to be removed if the variance was denied . A. Everett : I truly feel that if you situate this building where it should be according to the zoning it will look very similar to where you wanted to put it in the corner. There' s the fence on the one side and lots of mature trees around it. D . Hines : I think you would have to come on site and see what the difference would be. There would be at least 4 or 5 trees that would have to go . A. Everett: The other thing is the back property line is sufficiently far enough from buildings so what about your back property owners front yard ? Would this building appear to be in his front yard ? Is that going to be a problem ? D . Hines : I don't think so , but then again Mr. Couch may have different ideas . I ' ve shown him what I ' ve proposed . S . Berg : Was there any response from Mr. Couch ? D . Hines : He' s here . A . Everett: With that building being put back into the corner are you going to have to move a lot of dirt? D . Hines: It slopes . A. Everett: Is excavation going to be a problem? D , Hines : Independent of where the building is place . Whether the variance is granted or whether the building is placed according to the variance . A. Everett: I ' d still like to contend that if you put the building where it' s suppose to be in respect the side and back property lines you ' re going to have your trees and your fence to shield it and it's going to look the same . D . Hines: Once again I have to reiterate that you 'd have to stop by and take a look . A. Everett : I did . I walked in the back . 20 D . Hines : That' s fine , but there are trees that will have to be removed if the variance is not granted that would not have to be removed if it was . Q A. Everett: Not too many though . N . LaMotte : I ' m questioning with the amount of space that is here if maybe there isn't an opportunity to re-think your plans and comply and minimize the loss of the trees. I ' m not totally oblivious to that by any means , but I think you ' re pushing it right to the limit. Attny. Marcus: I have to say that I don ' t think the Board has ever found a valid basis in the number of trees that have to be cut down . There have been many cases where drainage issues prevented location according to set back requirements , the terrain slopes up or down , location of septic, location of wells , location of utility lines that couldn't be built over or utility easements that prevented construction within their width . Basically what you're talking about is additional cost . You said 4 or 5 trees . I ' ve never had to take a tree down on my property so I don't know what that cost is , but the benefit of a variance is not to intended to assist someone in reducing the cost of their construction . The Board is bound by the Statute to grant the minimum variance required and guess from the questions that have been asked the impression I have is that there is an underlying question as to whether this is the minimum necessary to accomplish those purposes . C . Hanley : I ' m missing the urgency here . I ' m trying to understand . Is aesthetics the major thing here? D . Hines : Well aesthetics yes . C . Hanley : How far is it from the house? D . Hines : I ' m not sure I didn 't measure that. Attny. Marcus: The survey shows that the corner of the house is at 86 feet from the property line and then going to the rear line 59 feet so that gives you some kind of scale . C . Hanley : How are you going to get to this thing? . Hines: There is a culvert that was put in last year. S . Berg : That will go back to this structure? D . Hines : Yes . That driveway has been in place for about a year. C . Hanley : What' s going to be in here? D . Hines : Storage. My infamous mulching machine . Possibly a vehicle , lawn mower, chippers, wheelbarrows , all kinds of hand tools . C . Hanley : And the reason you can't comply is -if you had to put it in a couple of sentences? 21 is D . Hines : It' s not a matter of cannot comply with the existing ordinances it's a suggestion that I would like to get a variance because I think from an aesthetic perspective it would fit in better with the property and would be a nicer place for it . Once again I don 't think it would adversely effect the physical aspects of the adjacent properties. Attny. Marcus : Given that this is a corner lot that is it has a public road on both the west . . . H . Slater: 52 '/z feet from the non -address side and 70 feet from the address side . So Yellow Barn Road in this case would be the 52'/a foot setback area . Over here where he has a common boundary with Mr. Singer is 15 feet. Attny. Marcus : A lot of municipalities consider a corner lot to have 2 rear yards instead of a side yard and a rear yard . H . Slater: So we have an enlarged side yard . C . Hanley : Who ever wants to speak just give your name and address for the record . E . Couch : 87 Yellow Barn Road . My property is the back property . My wife and I have no problem at all with him moving it back. The only question I do have is that the letter said 10 foot plus or minus . Is it 10 foot plus or minus or is it 10 foot. C . Hanley : If it' s granted it will be an exact number. E . Couch : Plus or minus could be 0 or 6 inches . C . Hanley: Any variance we grant is an exact number. H . Slater: I typically put plus or minus because when someone puts a number down like that 99 out of 100 times they didn 't survey it they measured it so they don 't really know exactly where it is . So I don ' t like to miss represent a number. E . Couch : The further this is built to the east the less of it I have to see when I look out the front window. I don 't think Dan will build anything not worthy of looking at anyway. N . Couch : I don 't have a problem with it because I think it would be less conspicuous from our point of view if he could build it as close to both lines as possible . 9405 PM : Chair Hanley closed the public hearing section and invited the applicant to wait for the decision or to call the zoning �I office in the morning . *AA# AR*****# R*#A*AAA# RR# AAA**#AAAR*A4*AAAAAAR** 4*#AAR*AR*RA#A*ARA* ** A*A*#AR#A ****#A*ARAAA*# 4*AA#AR*# ** 22 NOTICE OF DECISION TUESDAY SEPTEMBER 4, 2001 A public hearing was held to consider an application submitted by Gary Maybee of 975 Irish Settlement Rd . , Freeville who was asking for a variance to Section 803 . 1 of the Town of Dryden Zoning Ordinance . Said hearing was duly conducted by the Town of Dryden Zoning Board of Appeals on Tuesday September 4 , 2001 with members present : Chairperson Charles Hanley, Anne Everett, Nick LaMotte, and Stuart Berg . AREA VARIANCE APPLICANT : GARY MAYBEE 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 : The applicant proposes to create 3 lots for single family homes. Two lots will have approximately 138-foot road frontage . The third lot will have only 25 feet of road frontage. Therefore the applicant is requesting relief from the 125-foot road frontage requirement in an RC zone . All three homes would be connected to a single septic system and well which is approved by a letter from the Tompkins County Health Department dated June 27" , 2000 . See Section D below. 23 Therefore , the Board finds that no undesirable change will be produced in the character of the neighborhood or detriment to nearby properties . Motion : A . Everett Second: S. Berg In Favor: 4 Opposed: 0 B. IN CONSIDERING WHETHER THE BENEFITS SOUGHT BY THE APPLICANT CAN BE ACHIEVED BY SOME OTHER METHOD , FEASIBLE FOR THE APPLICANT TO PURSUE , OTHER THAN AN AREA VARIANCE THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS : Since the applicant owns property between the development site and the road with sufficient road frontage, and there are no problems with terrain , drainage or water courses that would prevent access across the applicant' s property from the road to the development site , the Board finds that there are other methods feasible to pursue that require no area variance . Specifically , it would be possible to run a driveway on the applicant' s property between lots 5 . 12 and 5. 3 to this proposed house site without the need for a variance. Motion: S. Berg Second: A. Everett In Favor: 4 Opposed: 0 C. IN CONSIDERING WHETHER THE REQUESTED AREA VARIANCE IS SUBSTANTIAL THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS : 24 The variance requests relief of 100 feet out of the 125-foot requirement and therefore is substantial . Adjacent properties along the road all have in excess of required 125-foot road frontage . Motion : A . Everett Second: 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 FINDS AS FOLLOWS : Although neighbors expressed concern over density, traffic Oand water and drainage problems , the applicant submitted Tompkins County Health Department approval of septic and water. The proposed lots satisfy the area requirements for this district resulting in no greater density than the zoning ordinance allows . Therefore the Board finds no adverse effect or impact on the physical or environmental conditions of the neighborhood or district. Motion: S. Berg Second: N. LaMotte In Favor: 4 Opposed: 0 25 E. IN CONSIDERING WHETHER THE ALLEGED DIFFICULTY WAS SELF- CREATED THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS : 0 Since the property surrounding the proposed development site is owned by the applicant and has adequate road frontage , the creation of the proposed flag lot is a self- created difficulty . Motion : A . Everett Second: S. Berg In Favor: 4 Opposed: 0 THIS VARIANCE IS AS EXEMP / NON -EXEMPT ACTION UNDER SEAR SECTION 617. 5( c )- 13 Motion : Anne Everett to Deny request Second : Stuart Berg VOTE : YES : ( 4 ) Anne Everett , Chuck Hanley , Nick LaMotte , and Stuart Berg . NO : ( 0 ) ABSTAINED : ( 0 ) DECISION : VARIANCE DENIED 26 NOTICE OF DECISION TUESDAY SEPTEMBER 4, 2001 A public hearing was held to consider an application submitted by Gerald and Shirley Lyon of 29 Mineah Rd . , Freeville , who were asking for a variance to Section 754 . 1 of the Town of Dryden Zoning Ordinance. Said hearing was duly conducted by the Town of Dryden Zoning Board of Appeals on Tuesday September 4, 2001 with members present: Chairperson Charles Hanley , Anne Everett , Nick LaMotte , and Stuart Berg . AREA VARIANCE APPLICANT : GERALD AND SHIRLEY LYON 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 oFINDS AS FOLLOWS : The terrain and severe drainage problems of the property limit the areas which are available to place a structure . Due to the terrain and six-foot solid privacy fence the proposed structure will be barely visible from the road . Therefore, no undesirable change will be produced or detriment to nearby properties . Motion : S. Berg Second: N. LaMotte In Favor: 4 Opposed: 0 27 0 Be IN CONSIDERING WHETHER THE BENEFITS SOUGHT BY THE APPLICANT CAN BE ACHIEVED BY SOME OTHER METHOD , FEASIBLE FOR THE APPLICANT TO PURSUE , OTHER THAN AN AREA VARIANCE THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS : Due to the terrain mentioned in A the applicant has no other choice but to place the structure where it is proposed . Motion : S. Berg Second: A . Everett In Favor: 4 Opposed: 0 c . IN CONSIDERING WHETHER THE REQUESTED AREA VARIANCE IS SUBSTANTIAL THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS : Although numerically substantial , the problems created by the terrain and the mitigation provided by the existing privacy fence lessen the impact on the neighborhood . Entrance and egress to the structure will be parallel to the road therefore decreasing traffic hazards. Motion : A . Everett Second: 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 FINDS AS FOLLOWS : See A and C . Motion : S. Berg Second: N. LaMotte In Favor: 4 Opposed: 0 28 E. IN CONSIDERING WHETHER THE ALLEGED DIFFICULTY WAS SELF- CREATED THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS : 0 Due to the findings noted above in A-D , the difficulty of setting the structure 70 feet from the center of the road is not self created . Motion : N. LaMotte Second: A . Everett, In Favor. 4 Opposed. 0 THIS VARIANCE IS AS E�X�EM / NON -EXEMPT ACTION UNDER SEQR SECTION 617. 5(c ) -12 Motion : Stuart Berg to Grant Variance as requested Second : Nick LaMotte O VOTE : YES : ( 4 ) Anne Everett, Chuck Hanley, Nick LaMotte , and Stuart Berg . NO : ( 0 ) ABSTAINED : ( 0 ) DECISION : VARIANCE GRANTED 29 NOTICE OF DECISION TUESDAY SEPTEMBER 4, 2001 A public hearing was held to consider an application submitted by Nathan and Jennifer Winograd of 413 Hunt Hill Rd . , Ithaca , who were asking for a variance to Section 804 . 1 of the Town of Dryden Zoning Ordinance . Said hearing was duly conducted by the Town of Dryden Zoning Board of Appeals on Tuesday September 4 , 2001 with members present: Chairperson Charles Hanley , Anne Everett , Nick LaMotte , and Stuart Berg . AREA VARIANCE APPLICANT: NATHAN AND JENNIFER WINOGRAD 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 oFINDS AS FOLLOWS : The pre-existing conforming house is approximately 40 feet from the road centerline . In a letter dated July 29, 2001 , neighbor Amy Currie states no objection to the variance. Ms. Currie' s garage across the road is less than 70 feet from the road centerline. Therefore, the Board finds that no undesirable change will be produced in the neighborhood or detriment to nearby properties . Motion : S. Berg Second: N. LaMotte In Favor: 4 Opposed: 0 30 B . IN CONSIDERING WHETHER THE BENEFITS SOUGHT BY THE APPLICANT 0 CAN BE ACHIEVED BY SOME OTHER METHOD , FEASIBLE FOR THE APPLICANT TO PURSUE , OTHER THAN AN AREA VARIANCE THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS : In order to place the detached garage 70 feet off of the center of the road , it will require the removal of trees and bushes , and will require substantial investment in leveling the area . The house sits at the crest of a hill near the road . The property is flat for approximately 70 feet , and then slopes significantly to a 9/ acre pond . Complying with the zoning ordinance would require significant alteration of the land , and will block the view of the pond from that part of the property. Therefore the Board finds this the most feasible method to pursue . 4D Motion : A . Everett Second: S. Berg In Favor: 4 Opposed: 0 C . IN CONSIDERING WHETHER THE REQUESTED AREA VARIANCE IS SUBSTANTIAL THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS : Although numerically substantial , the proposed garage is no closer to the road than the pre-existing non-conforming house and other existing structures in the neighborhood . Motion : S. Berg Second: N. LaMotte In Favor: 4 Opposed: 0 31 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 OOF APPEALS FINDS AS FOLLOWS : Because meeting the variance would require leveling a significant slope and removing trees and bushes , compliance with the ordinance would have an adverse effect on the physical and environmental conditions of the neighborhood . Motion : S. Berg Second: N. LaMotte In Favor: 4 Opposed: 0 E . IN CONSIDERING WHETHER THE ALLEGED DIFFICULTY WAS SELF- CREATED THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS : 0 The difficulty of placing the proposed garage in compliance with the ordinance is created by the problems of terrain and topography on the site and , therefore , is not self-created . Motion : A . Everett Second: N. LaMotte In Favor 4 Opposed: 0 THIS VARIAN EXEMPT ! Nay-EXEMPT gCTION ;-U1110ER SEAR SECTION 61 �� ` 32 • Motion : Stuart Berg to Grant Variance request with the condition that to avoid backing onto the roadway a turn- around will be required in the driveway providing access to the garage. Second : Anne Everett VOTE : YES : ( 4 ) Anne Everett, Chuck Hanley , Nick LaMotte , and Stuart Berg . NO : ( 0 ) ABSTAINED : ( 0 ) DECISION : VARIANCE GRANTED 0 33 NOTICE OF DECISION TUESDAY SEPTEMBER 4, 2001 A public hearing was held to consider an application submitted by May B . Hines of 457 Ferguson Rd . , Freeville , who was asking for a variance to Section 703 . 2 of the Town of Dryden Zoning Ordinance . Said hearing was duly conducted by the Town of Dryden Zoning Board of Appeals on Tuesday September 4, 2001 with members present: Chairperson Charles Hanley , Anne Everett , Nick LaMotte , and Stuart Berg . AREA VARIANCE APPLICANT : MAY B. HINES 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 : The east adjacent property owner voiced strong objection , whereas the south adjacent property owner was in support of the application . The Board finds no evidence of an undesirable change or detriment to nearby properties by the granting of this area variance . Motion : S. Berg Second. N. LaMotte In Favor. 4 Opposed. 0 Be IN CONSIDERING WHETHER THE BENEFITS SOUGHT BY THE APPLICANT CAN BE ACHIEVED BY SOME OTHER METHOD , FEASIBLE FOR THE 34 APPLICANT TO PURSUE , OTHER THAN AN AREA VARIANCE THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS : 40 The applicant can build in compliance with all applicable zoning requirements . The applicant' s basis for the request appeared to be entirely aesthetic and the Board finds that irrelevant . Motion : S. Berg Second: N. LaMotte In Favor: 4 Opposed: 0 c . IN CONSIDERING WHETHER THE REQUESTED AREA VARIANCE IS SUBSTANTIAL THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS : In addition to being numerically substantial the applicant can relocate the proposed building in compliance with all Oapplicable zoning regulations . Motion : R . Everett Second: 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 FINDS AS FOLLOWS : No evidence was presented of any adverse effect or impact on the physical or environmental conditions of the neighborhood . 35 Motion : S. Berg Second: N. LaMotte P In Favor: 4 Opposed: 0 E . IN CONSIDERING WHETHER THE ALLEGED DIFFICULTY WAS SELF- CREATED THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS : No barriers to compliance exist and , therefore , the placement of the proposed structure was completely self- created . Motion: S. Berg Second: A . Everett In Favor.' 4 Opposed. 0 THIS VARIANCE IS AS EXEMPT I NON -EXEMPT ACTION UNDER SEOR SECTION 617. 5( 0) 12 Motion : Stuart Berg to Deny Variance , Second : Anne Everett VOTE : YES : ( 4 ) Anne Everett , Chuck Hanley , Nick LaMotte, and Stuart Berg . NO : ( 0 ) ABSTAINED : ( 0 ) DECISION : VARIANCE DENIED *#4kk##*#*k##4**#**4*AA**#*# ##44*#k#4*#*#} #*} 4*AkA4*# #*# #*### ### 4#*k*#*##kA #k#***kA#*#**Akk*4*#k*##*** 36