HomeMy WebLinkAbout2002-07-02 � 3
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TOWN OF DRYDEN ZONING BOARD OF APPEALS
July 2 , 2002
AGENDA: ( 1 ) Erik & Julia Gray
MEM PRESENT: Chairperson Charles Hanley, Stuart Berg , Nick
LaMotte , and Walter Matyjas
ALSO PRESENT : Zoning Officer Henry Slater, Recording Secretary
Penny Lisi , and Applicant Erik Gray
LEGAL COUNSEL : None
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( 1 ) ERIK & JULIA GRAY
7: 30 PM : Chairperson Charles Hanley opened the hearing of Erik and
Julia Gray of 908 Danby Road , Ithaca , New York . They are
requesting an area variance authority to construct an J
otherwise conforming detached private garage/storage
structure closer than 70 feet from the center of 541 Ellis
Hollow Creek Road . Mr. & Mrs . Gray are asking the Zoning O
Board of Appeals for a variance to Section 703A of the O
Town of Dryden Zoning Ordinance . Chair Hanley read the
application into the file as well as a statement listing the five
points of consideration for variance approvals . Chair Hanley
also read the attached addendum to purchase contract and
noted the file contained notification to the neighbors and the
note from the town engineers dated June 24 , 2002 .
7 : 32 PM : Chair Hanley opened the floor to Mr. Gray to add or
emphasize anything to the Board .
E . Gray : Stated his name and current residency at 908 Danby Road ,
Ithaca , New York , 14850 . 1 don 't think I have anything else
to add that isn 't covered in the application . I ' d be happy to
entertain any questions about the structure or reasons for
the extra 14 feet and so forth .
C . Hanley : Opened the floor to the Board .
S . Berg : For preparation and content, I give this an A+ . This is one of
the best ones that I ' ve seen in a long , long time , it' s very well
done . I happen to live nearby here and I go by there and
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made a special effort to observe the area where you intend
to put it and I have to agree that it' s about the only choice
due to the topography and I have no problem with this -
W. Matyjas : I went by today to take a loops . The access to the building ,
are you going to try to cross the creek or put another
d riveway .
E . Cray : There is actually a driveway . (Came up to the table to point
out on the photograph where the driveway is) . There 's the
paved driveway to the house right now bvt there is actually
an old driveway here with the Culvert currently in place . I ' d
have to do some improvements to that but the culvert is still
there to maintain access ,
H . Slater : I ' ve seen culvert_ It' s there .
E . Crag : I would anticipate the driveway to be more or less like a
crusher run gravel one ,
N . LaMotte : If you were to move the structure back the 14 feet , how far
up the hill would you be ? In other words to what depth
would you have to excavate to create this hole 14 feet back ?
Would it be a foot and a half, 3 feet, 10 feet?
E . Gray : I thinks my goal is , in site plan an ways , is to put the structure
where the slope cornes down to the flat and to move it back ,
say five feet ; I would be excavating about five feet down ,
. Berg : It ' s pretty steep .
N . LaMotte : That answers it. Apparently it' s very steep .
H . Slater: It's probably Close to three to one . It goes right up _ Mr . Gray
invited me to the site to see it he had a legitimate Claim and J
told him I can ' t speak for the Board but in my opinion
thought he had a legitimate claim .
S . Berg : So this house has been rented since Clifford Berg died .
E . Cray : It has been actually , The one tenant in the lower apartment
has been there for 14 years and there 's a couple upstairs _
Currently it' s owned by Clifford Berg ' s daughter .
Is
N . LaMotte : Could you come up here and identify one of these pictures
on this . Is this by any chance your property what we ' re
talking about'
E . Cray : Yes , The house is a brown ranch house ( pointed out the
driveways and sumac and hardwoods ) and this is where the
structure would be located . There would still be a measure
of trees and brush between the building and road _
H . Slater: The culvert is on the inside of the utility pole if i remember
right?
W. Matyjas : You are in the low flat area here ; does that stream ever jump
the bank?
H . Slater : It ' s pretty deep and been improved and banks have been
stabilized with large stone so it would be pretty difficult to
move _
E . Gray : I hope it doesn 't as the house right there _
H . Slater: If anything , the house is in more danger than that property
would be and it ' s eroding towards the house .
S . Ber : VVould the utility pole have to be moved ?
9 7+
E. Cray : No , I don' t believe so .
H . Stater: No , the utility pole is not in the driveway .
S, Berg : It ' s hard to tell where the driveway is going to be .
E . Cray : J thinly the utility pole is between the two driveways _
H . Slater: I think it is the more I think about it. I think , physically , it had
to be .
C . Hanley : For the record , the Berg mentioned in the application is no
relation to the Berg on the
Board -
. Berg : No , no relation .
8 : 00 PM : Chair Hanley closed the hearing and the Board began
deliberations .
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A , IN CONSIDERING 1 H ETHER AN UNDESIRABLE C HAN GE WORLD 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 variance , if granted , would produce no
undesirable change in the character of the
neighborhood _ There are several examples of board
and batten style structures in the irnmediate vicinity .
Photos of these neighborhood buildings are attached .
Some of these existing buildings are closer to the
road than the proposed structure , and some are
farther away .
The board and batten style of building is traditional for
this rural landscape , and the applicant' s believe it
would blend into the setting very well _
Applicant' s intent is to leave as many existing trees
and bushes as possible surrounding the building to
preserve the character of the land . Many trees and
shrubs would be left between the structure and the
road to provide visual screening for passerby and
neighboring properties .
Motion : Sr BergSecond: IN l aty}a
In Favor: 4 Opposed: D
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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 A
FOLLOWS .
The topographer of the land is extremely hilly . Strict
observance of the setback regulation would require
the applicant to excavate an extensive portion of
steep and wooden hillside . The removal of trees for
this kind of excavation would alter the landscape , and
require extensive erosion control measures _
Motion: . BergSecond: N. LaMofte
In Favor: 4 Opposed. 0
_ IN CONSIDERING WHETHER THE REQUESTED AREA VARIANCE IS
SUB TANTJAL THE ZONJNG BOARD OF APPEALS FINDS AS
FOLLOWS :
The applicant proposes to locate the structure as far
from the road as practical , at the base of the hillside .
This would result in one corner of the structure being
56 feet from the centerline of road , instead of the 70
feet zoning regulation . Therefore the closest portion
of the building to the road would be nor -conforming
by 14 feet . The majority of the building would still be
behind the 70 foot setback requirement ( See attached
site _
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Motion : S. BergSecond: W Matyja.s
In Favor: 4 Opposed: O
D , iN CONSIDERING WHETHER THE PROPOSED VARIANCE WILL HAVE
N ADVERSE EFFECT OR IMPACT ON THE ' PHYSICAL OR
ENVIRONMENTAL CONDITIONS IN THE NEIGHBORHOOD OR
DISTRICT THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS ,
The applicant' s goal is to preserve as many trees
around the building as possible . This would serve to
minimize environmental impact, and preserve the
character of the land .
The building will be constructed in a "pole barn "
fashion ( Built on concrete piers , or treated poles , sunk
in the ground ) which greatly minimizes the need for
excavation work . Thus the environmental impact of
the building would be minimal _
Motion: _ BergSecond: N- LaMotte
In Favor 4 Opposed: 0
E . IN CONSIDERING WHETHER THE ALLEGED DIFFIUL7Y WAS SELF-
CREATED THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS :
The difficulty stems from the natural topography. The
only flat and accessible areas are adjacent to the
road _ The proposed site affords the largest possible
setback from the road , without Major site
modificationsle cavations .
Motion: S . Berg Second: W. Matyjas
In Favor, 3 Opposed: 1 — N, LaMotte
THIS VARIANCE IS AS EXEM IPTIPT f NOWEXEMPT ACTION UNDER SE f
SECTION 617 . ( e) - 12 & 13
Motion : Stuart Berg to accept request subject to
County approval ( 39 1 & m )
Second : Nick LaMotte
VOTE : YES : (4 ) Chuck Hanley, Nick LaMotte , Walter
Matyjas , and Stuart Berg ,
N0 : ( 0)
ABSTAINED : ( 0)
DECISION : VARIANCE ACCEPTED