HomeMy WebLinkAbout2001-10-02 TOWN OF DRYDEN ZONING BOARD OF APPEALS
October 2 , 2001
AGENDA : ( 1 ) Robert Wixom and John Hess
MEM . PRESENT : Chairperson Charles Hanley , Stuart Berg , Anne Everett ,
Oers Kelemen , and Nick LaMotte .
ALSO PRESENT : Henry Slater, Recording Secretary Laura Carpenter, Walter
Matyjas , Harvey Goyette , and Virginia Shriner.
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LEGAL COUNSEL : Attorney Randy Marcus 0
( 1 ) WIXOM AND HESS"
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7 : 30 PM Chair Hanley opened the hearing of Robert Wixom and John
Hess of 825 Washington Street # 1 A , Hoboken , NJ 07030
' who were asking the Zoning Board of Appeals for a variance
to Section 754 . 1 of the Town of Dryden Zoning Ordinance .
The variance would apply to the property located at 81
Upper Creek Road , Freeville , Chair Hanley read into the file ,
two letters from Robert Wixom and John Hess , both dated
September 10 , 2001 , and a letter from David Herrick of TG
Miller dated September 27 , 2001 . There were no
neighborhood reactions of any kind . Chair Hanley opened
the floor for discussion .
* Harvey Goyette, contractor for Wixom and Hess, and
Virginia Shriner, occupant of the residence in question,
appeared as the acting agents for Wixom and Hess.
7 : 36 PM
H . Goyette : We were hoping that you would take a peek at the picture
and see how it really would look . In this picture it doesn 't
show another pine tree here as you ' re coming by , driving by,
walking by. Unless you stopped right in front of the house
you wouldn 't be able to even see this porch . So it's not going
to adversely impact the appearance of properties . Houses
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that are next to it are quite a distance away - All we are
hoping for is that it will improve the property and improve the
access to the property -
V. Shriner ; Those steps are really unsafe .
D . Kelernen ; Are those railroad ties?
H , fioyette : They are just rocks that they put in , flat racks and they get a
little bit slippery. We are going to provide a nice 4400t wide
staircase up to the deck. It will make it a lot easier to access
the front door. Those will be set right into the ground . Not
attached to the stringers so they will be real solid .
C . Hanley : In Henry ' s notification to the Board he notes that the home
was built in 1956 prior to the adoption of the Dryden Town
Zoning Ordinance .
O , Kelemen : I just have a procedural question for Randy . On the
application itself at the bottom it says date of hearing is
October 3 , 2001 at 7 : 30 . Will that cause any problems at all ?
Attny . Marcus : The question is whether the notice actually was correct .
Slater: What is on the public hearing notice on the front of the
sheet ?
Attny . Marcus - Tuesday October 2 , 2001 . So that's what was advertised in
the paper?
H . Slater: Yes ,
Attny , Marcus : That is the actual notification to the public . Only the Board
members would have seer, that date of October 3 , 2001 .
A . Everett : This picture is very nice and your application is very helpful
to us as a Board by the way. What the picture doesn 't show
us is those two beautiful trees in the front - They are certainly
quite good specimens - Also the fact that the house is built
up on a little hill and you have a slope coming down to the
road . Your proposed structure will be tucker} in back of those
trees . ( To Virginia Shriner) Do you back out into traffic? You
have a good wide driveway and there does seem to be
enough space to turn around and enter the road forward
facing .
V . Shriner: Yes . I think it is very unsafe to back out onto that road ,
A - Everett : Good ,
O . Kelemen : The total additional variance you ' re seeking is 4-feet 7=
inches at the closest point?
H . oyette : I don 't understand the question .
0 . Kelemen : You are at 52 at the closest point prior to project - Now you
are going to be at 8 ?
Attny . Marcus : It was 62 . 9 .
O . Kelemen : Okay so now it ' s a 4 - 9-foot increase?
H - Goyefterr Yes that' s correct -
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, Berg : I ' m not familiar with this composite recycled plastic material ,
Is that slippery when it's wet ?
H . oyette : No , that actually has a friction rating better than conventional
decking material . They put special grooves in it so your feet
catch .
_ Berg : Does it look like wood "
H , oyette : It starts out green put after it grays it looks exactly like wood _
It' s a gray color.
. Berg ; Can YOU nail it like wood ?
H _ oy ette ; No , you have to screw it , You pre-drill it and then screw it
with special screws that don ' t rust -
Cr Hanley: Anything else?
7 : 45 PM Chair Hanley closed the hearing portion of the application
and instructed the agents that they could either stag and
wait for a decision or call the Zoning office in the morning .
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NOTICE OF DECISION
T U ES DAY O CTOBER 21 2001
A public hearing was held to consider an application submitted by Robert Wixom and
John Hess of 825Washington St , Apt # 1 A , Hoboken NJ , 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 October 2 , 2001 with members present: Chairperson Charles Hanley, Anne
Everett , Nick LaMette , Oers i' elemen , and Stuart Berg .
AREA VARIANCE
APPLICANT : WI OM AND HESS
A, IN CONS IDE RING WHETHER AN UNDES IRABLE CHANGE WOULD BE
PRODUCED IN THE CHARACTER OF THE NEIGHBORHOOD O
DETRIMENT TO NEARBY PROPERTIES WILL BE CREATED BY THE
GRANTING, OF THE AREA VARIANCE THE ZONING BOARD OF APPEALS
FINDS AS FOLLOWS ;
Other homes in the neighborhood are like the applicant's
( i . e . closer than 70 feet to the roan centerline ) The ZBA
believes that the addition of the front porch as planned will
enhance the appearance of the house , replacing a small
concrete stoop . The porch will be painted to match the
colors of the house -white with blue trim . The proposed
addition will be screened from view from the road by two
large trees , one siJver maple , and one spruce .
Motion : S. Berg Second: A , Everett
In Favor: 4 Opposed: O
B . IN CONSIDERtNG WHETHER THE BENEFITS SOUGHT BY THE APPLICANT
CAN BE ACHIEVED BY SOME OTHER METHOD , FEASIBLE FOR THE
APPLICANT TO PURSL) E , OTHER THAN AN AREA VARIANCE THE ZONING
BOARD OF APPEALS FINDS AS FOLLOWS :
There already exists a front entry _ The applicant is taring to
improve the appearance and replace steps from the
driveway that are slippery when wet and railings that are
wobbly . The proposed structure will be attached to the
existing front entry , The topography of the site limits options
for locating the stairs such that they would still be attached
to the front entrance .
Motion : S. Berg Second: A , Everett
In Favor: 4 Opposed: 0
C . I IN CONS IDERING WHETHER THE REQ JE TED AREA VARIANCE IS
SUBSTANTIAL_ THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS :
The proposed porch ' s footprint will not be much larger than
the existing area occupied by steps , walkway and concrete
stoop , The proposed additional relief of 4 feet-9 inches to
the existing non -conformity is not substantial .
Motion : A . EverettSecond: N. LaMotte
In Favor: 4 Opposed: 0
p _ IN CONSIDERING WHETHER THE PROPOSED VARIANCE WILL HAVE A
ADVERSE EFFECT OR IMPACT ON THE PHYSICAL OR ENVIRONMENTAL
CONDITIONS IN THE NEIGHBORHOOD OR DISTRICT THE ZONING BOARD
OF APPEALS FINDS AS FOLLOWS :
There will be no environmental impact other than visual and
that will be mitigated by the existing trees and topography.
Motion: A . Everett Second: N, La otte
In Favor: 4 Opposed: 0
E . IN CONSIDERING 1 HETHER THE ALLEGED DIFFICULTY WAS SELF-
REATED THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS :
The house is a pre-existing nonmconforming structure with
the front entrance in its present location .
Motion : 0. Kelemen Second: A . Everett
In Favor: 4 Opposed: 0
THIS VARIANCE IS AS EXEMPT I NON = EXEMPT ACTION UNDER SEOR
SECTION 617 . 5 . 1
Motion : Stuart Berg Grant request
Second . Anne Everett
VOTE : YES : ( 4 ) Anne Everett , Chuck Hanley , Nick LaMotte , Oers
Kelemen , and Stuart Berg .
NO : ( 0 )
ABSTAINED : ( 0 )
DECISION : VARIANCE GRANTED
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8 : 15 PM MOTION : Stuart Berg - To approve August 7" , 2001 minutes
as amended .
SECOND ; Nick LaMotte
VOTE : YES : ( 4 ) Chuck Hanley , Nick LaMotte , Derr
Kelemen , and Stuart Berg ,
NO : ( 0 )
ABSTAINED : 1 Anne Everett
MOTION : Arne Everett - To approve September 41h , 2001
minutes as amended
SECOND : Stuart Berg
VOTE : YES : ( 4 ) Chuck Hanley, Nick LaMotte , Anne
Everett , and Stuart Berg ,
NO : ( 0 )
ABSTAINED : ( 1 } Oers Kelemen
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NOTICE F DECISION
TUE DAY OCTOBER 2 , 001
A public hearing was held to consider an application submitted by Robert Wixom and
JohnHess of 825 Washington Str Apt # 1 A , Hoboken NJ , 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 October 2 , 2001 with members present : Chairperson Charles Hanley , Anne
Everett , Nick LaMotte , Oers Kelemen , and Stuart Berg ,
AREA VARIANCE
APPLICANT: MOM AND HESS
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
FJNDS AS FOLLOWS :
Other homes in the neighborhood are like the applicant ' s
( i , & closer than 70 feet to the road centedine ) The ZBA
believes that the addition of the front porch as planned will
enhance the appearance of the house , replacing a small
concrete stoop , The porch will be painted to match the
colors of the mouse -white with blue trim _ The proposed
addi#ion wiIJ be screened from view from the road by two
large trees , one silver maple , one spruce .
Motion: S. BergSecond: A , Everett
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 :
There already exists a front entry , The applicant is trying to
improve the appearance and replace steps from the
driveway that are slippery when wet and railings that are
wobbly - The proposed structure will be attached to the
existing front entry. The topography of the site limits options
for locating the stairs such that they would still be attached
to the front entrance ,
Mofion : , . Bong Second: A . Everett
In Favor: 4 Opposetf: D
IN CONSIDERING WHETHER THE REQUESTED AREA VARIANCE IS
SUBSTANTIAL THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS '
The proposed porch' s footprint will not be much larger than
the existing area occupied by steps , walker and concrete
stoop _ The proposed additional relief of 4 feet- 9 inches to
the existing non - conformity is not substantial .
Motion: A . EverettSecond: N. La fofte
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
III
OF APPEALS FINDS AS FOLLOWS :
There will be no environmental impact other than visual and
that will be mitigated by the existing trees and topography .
Motion: A . Everett 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 :
The house is a pre-existing non -conforming structure with
the front entrance in it's present location .
Motion : O. Kelemen Second: A . Everett
In Favor: 4 Opposed: 0
THIS VARIANCE IS AS EXEMPT_ l NON -EXEMPT ACTION UNDER SEAR
SECTION 617. 5(c )- 12
Motion : Stuart Berg Grant request
Second : Anne Everett
VOTE : YES : ( 4 ) Anne Everett, Chuck Hanley, Nick LaMotte , Oers
Kelemen , and Stuart Berg .
NO : ( 0 )
ABSTAINED : ( 0 )
DECISION : VARIANCE GRANTED
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STATE OF NEW Y RKm COUNTY OF TOMPF IN
TOWN OF DRYDEN
In the matter of the appeal of CERTIFICATE
ROBERT WI OM AND J HN HE SS
the property located at 89 UPPER CREEK ROAD ,
( Town of Dryden Tax Map Parcel No _ 77- 1 -5 _ 21 + 5 . 9 + 5 , 10 )
I , CHARLES HANLEY, Chairperson of the Town of Dryden ZONING
BOARD OF APPEALS ; do hereby certify pursuant to Rule 6 of the Rules of
Procedure of such Board , that the foregoing are the findings of fact and decision
made by such Board on :
O TOBER 2, 2001 .
Dated : Dryden , New York
Date : 72001
Charles Hanley