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HomeMy WebLinkAbout2003-08-05 TOWN OF DRYDEN ZONING BOARD OF APPEALS ® AUGUST 5, 2003 AGENDA : ( 1 ) David L . Porter ( 2 ) Barbara Kenton , John and Louise Kingsbury ( 3 ) Paul Lutwak and Kathy Zahler MEM . PRESENT: Chairperson Walter Matyjas , David Sprout and Oers Keleman ALSO PRESENT. Zoning Officer Henry Slater, Recording Secretary Penny Lisi , Applicant ( 1 ) David Porter; Applicant' s (2 ) Barbara Kenton , John Kingsbury, Louise Kingsbury ; Applicant' s ( 3 ) Paul Lutwak , Kathy Zahler; Ray Sutfin and Rose Sutfin LEGAL COUNSEL . Randy Marcus ( 1 ) DAVID L. PORTER 7 : 33 PM Chairperson Walter Matyjas opened the hearing of David L. Porter of 996 Snyder Hill Road , Ithaca who is requesting ® permission to construct and attach a 30' x 28 ' garage to his existing home . This is requesting variance to Article 7 Section 703 . 1 of the Dryden Town Zoning Ordinance . Chairperson Matyjas read the legal notice, application and remainder of the file into the record and asked Mr. Porter if there was anything he wanted to add . D. Porter: My property slopes down and I 've put about twelve dump truck loads of bank run in to try to get my driveway leveled off. While doing that I didn't really think about the setback. I ' ve got that all leveled out now so it' s all about at the grade that I want for the concrete slab . To go to the 70' setback it would be almost to the rear of the house . The house sits so close to the road I ' d have to go pretty far down steep to start. I 'd have to bulldoze that down to make a driveway . W. Matyjas : On one of the sketches we reference the 70' mark. 0. Keleman : You indicate in your forms you filled out that you are going to add four feet to the front porch and remove the back porch and replace it with a deck and yet you label on the next page where it says a deck in front and a deck in back. Why are we extending four feet closer? D. Porter: What I want to do is enclose the front porch which is four foot by eight foot, right now it' s an open porch I just want to enclose it and put some storm windows around and then I want to take some of those cement landscaping blocks and ® build that up higher and eliminate the steps and just go out to the driveway . O. Keleman : So you' d be matching heights, basically? D. Porter : Yes . It would be cement stone with bank run and gravel to build it up about three feet so instead of having the steps go down and then back up to the driveway level . There' s no actual construction . O. Keleman : Okay , on the diagram it looked like new construction encroaching four more feet towards the road . D. Porter: The construction part would be enclosing the existing porch . I just wanted to include everything . W. Matyjas : Just to clarify, the footprint of the front of the building will not be extended towards the road . If you count the footprint of the porch you' re enclosing that existing porch , but the footprint of the building including the porch will not be extended forward? D . Porter: No. W. Matyjas : Any questions ? Any public comment? No written comment in the file . Read letter from T. G. Miller dated 7114103. H . Slater: There is no 2391 & m involved in this . W. Matyjas : Any final comments? Closed the public hearing at 7 : 41 pm . *MrlrlArll*T'**fn!*** R* *iRIrRMYHrVF***#is***1nF* R* tahR*******1ntriAA AMA*1r***YriMnR^/rRlr**#1nFRl!*#1r****M7t******** ( 2) BARBARA KENTON , JOHN & LOUISE KINGSBURY 7 : 42 PM Chairperson Walter Matyjas opened the hearing of Barbara Kenton and John and Louise Kingsbury of Snyder Heights , Ithaca who are requesting permission to create a 2 . 31 acre residential parcel at or about 4 Snyder Heights , Ithaca . This is requesting variance to Town Law Section 280a . H . Slater: As I explained earlier in earlier correspondence this is exempt from the town regulations because it' s a lot of records , that is these lots were created and a private road were built in the 501s some 15 years before zoning was in effect here in the town of Dryden. So under Article 17 section 1701 , there are a lot of records under 1600, I 'm sorry, and under 17 there are nonconforming , preexisting exempt situations , but to my knowledge , 280a town law has never been addressed because the lots never been built upon and what 280a states is in the issuance of a construction permit there shall be for purposes of emergency ingress and egress 15 feet of dedicated property connecting to a public road and that is not the case here. W. Matyjas : So they have frontage on a private road but no emergency vehicle accessible frontage on a public road . H . Slater: Which the key here is is it accessible? Is that right Randy? R . Marcus : Yes . O . Keleman : A private road does not have snow clearing ? H . Slater: Not by the Town . I think you find in there (file ) a maintenance agreement in there amongst the landowner that existed for close to 50 years. W. Matyjas : Read the remainder of the rile into the record. At this point the applicants , if present, read your name for the record . J . Kingsbury : John Kingsbury , Barbara Kenton, Louise Kingsbury, W. Matyjas : Is there anything else you would like to add to what I have read into the record ? J . Kingsbury : It might help you visualize, I ' ll just add two points . One is the road is oil and stone the same as many Dryden roads , it has a width of about, the main part of it , it serves several houses , it has a width of about 16 feet and the rest of it, the short pieces going to the houses are about 8 feet each wide . The concern of about access of emergency vehicle , that driveway has been plowed better than the town roads generally speaking over the years . We have a resident snow plow and it has , particularly this year, give access to emergency vehicles on maybe as many as 15 occasions and there has been no problem including the major fire we had this last March . The Varna fire people got in there with no problem . O. Keleman : Mr. Kingsbury, who has the ownership to that road ? J . Kingsbury : Snyder Heights Incorporated , O. Keleman : So there' s no possibility down the road , whoever owns that land will put it to some other use? J . Kingsbury : It would be very difficult . R. Marcus : Why hasn' t it ever been dedicated to the Town ? J . Kingsbury : Because we have a magnificent Hickory tree which is within the right of way that the Town would cut down immediately and for several other reasons of that kind . We' re very happy with the neighborhood and we'd like to maintain the road to our standards rather that to any legal standards the town may have . W. Matyjas : I drove up the road today and it was what I would consider in good shape and seemed well maintained . Obviously there' s no snow today. J . Kingsbury : If you got as far as my house you' d see the snow plow. R. Marcus : How many houses are served by that? J . Kingsbury : Originally five . One burned and one was removed so it' s now down to three but with the sale of these two lots , if we conservate them , we could have two more to get it back up the five that it was originally. R. Marcus : So these two lots would be sold to two separate buyers? J . Kingsbury: We don 't know. L. Kingsbury : Wait a minute , you ' re getting mixed up . You have a map in ® front of you? The two lots , 43 . 1 and 46 . 2 would be conjoined to a one family home . J . Kingsbury : We have also the lot to consider of the house that burned . R. Marcus : If someone were to rebuild there . W. Matyjas : Now there was a garage out there and I think it was noted on one of the sketches. That is on 46 . 2 ? B. Kenton : It' s on 43 . 1 . J . Kingsbury : You mean on the two properties to be conjoined ? That's a barn or two-car garage and that' s from the previous owner. R . Marcus : And that' s the only structure on those two lots? J . Kingsbury : Yes. W. Matyjas : Any other questions or comments? (There were none ) Read T. G. Miller letter dated 7114103 and T. C. Department of Planning letter dated 7/22/03 into the record_ There were no other written respose . At this point, are there any final comments? R. Marcus : I have a question , I think for Henry . On the tax map , where I think it' s your writing , it says built 1955. H . Slater: Yes , I researched those to see when they were built . R. Marcus : Okay , so on these two , where it shows structures built 1988 variance . Do you know what kind of variance they're talking about there? H . Slater: An area variance . R. Marcus : So that had nothing to do with 280a? H . Slater: No. W. Matyjas : At this point we will close the hearing (7 : 55 pm) . A** ##*# ## AARA#* ##*# #AAAkAItA *# *# *AA#*AAAA ###** *# A# *# *# *# !r#*#* kAM7tRA# *#A##*##AAAk7k lA *# *# *##Ak# ( 2) KATHY ZAHLER AND PAUL LUTWAK 7956 PM Chairperson Walter Matyjas opened the hearing of Kathy Zahler and Paul Lutwak of 637 Midline Road , Freeville , who are requesting permission to construct a single family home with a driveway off Midline Road . This is a variance request to Dryden Town Law Section 280a . R. Marcus : I don 't seem to have a copy of the 1981 letter you read . H . Slater: I don 't think I gave you guys that even though it' s part of the package because I didn 't think you would know it' s to this issue . W. Matyjas : Read application into the record along with a letter dated 7/8/03 from the applicants , rest of the file , letter of intent and the short environmental assessment form . H . Slater: There is clearly a difference between this application and the last application . Clearly this is not an area variance as far as the Town of Dryden is concerned . As far as the Town of Dryden is concerned this lot is a conforming lot because it does provide the appropriate 125' of road frontage or more on a public road . This is simply an appeal for emergency access for ingress and egress for emergency service vehicles . Rather from the point where the road frontage is created but from an alternative site and that' s all we' re talking about. I think that pretty well addresses this particular issue . R. Marcus : Another way of saying it , stop me if I ' m not rephrasing what you are saying , is that if the lot owner wanted to build a drive from Goodband Road to the building site, there'd be no reason to be here because they have the frontage necessary, they have the acreage necessary and it just would be a matter of spending additional money to build a longer driveway. H . Slater: To the satisfaction of the fire chief of the jurisdiction and myself because if you go into 280a it has to satisfy the local code enforcement officer and fire official in terms of being adequate. R. Marcus : Which would be the case for any driveway . H . Slater: More than 200 feet in length . W. Matyjas : So that's the specific issue in why a variance is required? Is for that emergency access. I would like the appealing party , if present , to identify yourself for the record . P. Lutwak : My name is Paul Lutwak. K. Zahler: I ' m Kathy Zahler. P. Lutwak : I don't have much to add . The map pretty much describes Mat we want to do , bringing the driveway in from Goodband would mean over 3700 feet and would have to cross the stream , through a swam and open fields . That would be most prohibitive for us . K. Zahler: In addition to the expense , it would be impossible to keep it plowed so it would not be feasible . W. Matyjas : Just for comparison , coming from Goodband would be 3700 . Do you know the approximate distance coming off of midline? P. Lutwak : It' s approximately 1500 . The driveway coming up from Midline was cleared 40 feet to allow other type of access . W. Matyjas : That' s already established right? P. Lutwak : Yes, R. Marcus : Do you mean 40 feet in width? P . Lutwak : 40 feet in cleared trees yes but if the driveway goes up to the middle it allows for proper grading . W. Matyjas : Board members, any questions or comments? R. Marcus : On the sketch map , you identified the scale as one inch equals 400 feet . Is that reduced ? P. Lutwak : It is reduced and also hand drawn . R. Marcus : Do you have a survey map of the property? P. Lutwak : Well , we have the survey map of the area , some of the lots haven ' t been combined on the older map . R. Marcus : I just can 't figure how it would come to 3 , 700 feet from Goodband and it looks like it's maybe . , . P. Lutwak : It' s not really a relief map, you can't see the hills . K. Zahler : It' s not as the crow flies. R. Marcus : One other thing for clarification , on the sketch , I ' m guessing the original one must have some different colors outlining different sections so is it the case that you guys own all of towards the whole parameter but you don 't own the driveway area from Midline Road to . . . P. Lutwak : Yes we do . Since the time the original letter had come out that driveway has been annexed on to those parcels that are being combined to one . R. Marcus : So you own everything then that has that thick outline around it. H . Slater: But when you sell your house you won 't specifically own it anymore , correct? You will only attain easement over it? P. Lutwak : Correct. H . Slater: That' s why there here because if they continue to own it they wouldn' t be here . R. Marcus : That' s what I wanted to clarify. So what you intend to retain is just this flag lot that you label as 639 . P. Lutwak : And also, it' s not labeled on here but, this parcel here that the " s ' s" go through may possibly be retained also and just showing 637 , you can see the dotted line there . R. Marcus : Okay , that runs above 637 . K. Zahler: The flag lot is really just for bank purposes . We intend to keep all of the land on the lower section as well . W. Matyjas : What' s the additional acreage and the acreage of the flag lot? P. Lutwak : I don ' t know what the acreage of the flag lot would be because it hasn't been surveyed yet. R. Marcus : The bank' s probably requiring it be no more than five though . P. Lutwak : They said ten to fifteen so we ' re going to try to keep that within there. K. Zahler: The whole parcel , everything that we own right now is approximately 150 . P. Lutwak : Yes, everything outlined is approximately 150 . What would be retained after when we sell 637 would be 11 5- 1 35 1 would guess . W. Matyjas : At this point I would ask for any comments from any persons present and please identify yourself for the record . R. Sutfin : 637 , there is 100 ' there that cannot be built on that did not come up to zoning specifications . There was a variance which I did not contest to because I ' ll help anybody out. They wanted to put a single residence in behind my house , I said fine I won' t contest this . The zoning was stipulated when that variance was granted by this zoning board that that roadway would be just a singe driveway to a single family residence and it could not be developed for any other use off that road . Now how can you grant a variance on a variance? I don 't care if they develop it (the whole hill ) Goodband Road is accessible . That land has been used for over 200 years and nobody ever had a problem getting up there to do whatever they wanted . There were even buildings on that property and people got to them . The stone walls are still up there but now all of a sudden this is non -accessible . So we' re going to override a variance that was granted in ' 81 ? I think in order to do that you' re going to have to change the zoning laws . I think you ought to take that into consideration . W. Matyjas : Just for the record , you said " behind your house" . Where is your location ? R . Sutfin : 635 and that was supposed to be a single family residence . That variance was granted , that' s only going to be a driveway that goes to that house on that property and there could be no more development off from that driveway . And ® now they want to open it up and as far as emergency vehicles getting in there , not these people, but the persons who had it before had a fire up there and luckily it wasn 't serious . The fire department made it to the foot of the hill . They had to drag hoses from the bottom of that hill all the way to that first residence . That was 150 feet, now you want to drag it 1 , 500 feet , that is ridiculous . How are you going to fight a fire up there? W. Matyjas : Henry , if I can get clarification , the variance that we read into the record , the 559 Midline . . . H . Slater: Was for 637 . W. Matyjas : The house numbers changed here . Could you show us where 635 is on the map . Ro. Sutfin . Rose Sutfin . Our house is right here ( showing the board on the map) . How wide is the lot between the driveway and our line? R. Sutfin : 100 feet. W. Matyjas : Any other public comment or questions from the board ? R. Marcus : I ' m going to ask you to read the '81 variance again . W. Matyjas : Read the 1961 variance NOD into the record again. R. Marcus : So Henry, that proves to be saying that there was no road frontage , am I correct? H . Slater: That was before my time , but my understanding was that the lot that the house is actually built on was a lot separate from the 100 foot frontage lot which ultimately since that time has been combined with it. R. Sutfin : That is why that variance is granted on that 100 to put that roadway in because in order to sell that 30 acres where the present residence is at 637 . That is the only reason I didn 't fight it. R. Marcus : So that lot where the house was built , that wasn't part of the land that attaches to Goodband Road . R. Sutfin : That is correct . R. Marcus : That was separate . W. Matyjas : Read into the record 7114103 T. G. Miller; 7131103 Dept. of Planning; 7129103 Gary Maybee letters. R . Sutfin : Henry has been on my property when it' s rained and all they did was start a roadway a few years back and I had water coming down 40 deep and flooding my whole back yard , use to sell the hay off my back property to help pay my taxes and since it' s been developed up there , I can 't . I live in a swamp . If you go up there right now, I ' ve got water 6"-8" deep . It keeps getting worse and worse. W. Matyjas : We appreciate your comment. R. Sutfin : They' re already running utilities up there . They probably ® spent a few thousand dollars up there today . Are you going to do this if you don 't even know for sure if you can do something . Are they that confident or arrogant that they know you' re going to pass this? If they are, I ' ve wasted my time. There' s no sense in me being here if you 've already made a decision . Does that sound logical? W. Matyjas : The comment I can make is no decision has been made . We' re having a public hearing . We do not make a decision before the public hearing . R. Marcus : The board has not heard it before now. R. Sutfin : So why does somebody go out and sink a few thousand dollars into something they don 't even know if it' s going to be okay for this zoning board? I 'd like that answered . Why would you do this? K. Zahler: It was already scheduled . R. Sutfin : What do you mean it was already scheduled ? By who? K. Zahler: We had made , you weren ' t here for the beginning of this , but we . . . R. Sutfin : When was the beginning of it ? I thought it started at 8 : 00 tonight? K. Zahler: Okay , never mind Ray , I ' m not going to . . . P . Lutwak : When we stated this project, we tried to keep Mr. Slater involved in it as much as we could . R. Sutf in ; So you already had permission to go ahead and do this anyway , P. Lutwak : When we were scheduling, when we were going to what and haw we were going to do it , At that point it wasn't thought that a variance was needed . By the time Mr, Slater did inform us that we dick need to get a variance , things had already been put in motion that couldn 't be stopped . We had stopped just about everything except this part of putting in the utilities and they came this morning - It wasn 't any arrogance on our part as we didn 't know we needed a variance . R . Sutfin : What do you mean you didn't know? H . Slater: Plus you have to bear in mind we have no - - - R. Sutfin : Did you know you couldn' t put an entrance off from oodband Road to get up there ? Did you know that was refused ? Was it refused? P. Lut aJk : We never applied to have a driveway - - - R. Sutfin : Henry , then }you 're a liar because you told me it was already out of your hands , that you had already refused a variance to come off Goodband Road . Do you sit there and deny that's H . Slater: No , that 's not what J told you , We are not talking about a variance , we ' re talking about construction . I can't deny them a building permit . We 're strictly talking about emergency I ngress and egress . That' s all we ' re here for, R. Sutfin : It was already refused they could not put and entrance up to that property off Goodband Road - H . Slater: That is not what I told you . Ro. Sutfin : That is too what you said - H , Slater: Then you misunderstood me . Flo , Sutfin : Right , lets just get a lawyer andwe' ll take it to court. Since they started doing this, our back yard has been flooded . can 't even have my dog in the back yard anymore because she gets floored out. They want to keep the whole neighborhood natural , what are they doing? They' re destroying the trees , they' re running out the wildlife- We can 't even mow the yard we've been mowing for over 40 years because they want it to grow up into weeds hrch is just going to attract rodents . You put a roadway in up there, you ' re going to take 160 feet, that' s going to take 40 feet of our property. They ' re talking about hardship from going vff oodband Road , what are they causing ors ? He' s been up there over 60 years in that neighborhood. These people come up here 10 years ago and now they want to change the entire neighborhood - l' honestly don't see where this is right in any way and he sat right there and he's lying , H . Slater: I said to you that because they didn 't come off from ® Goodband Road , we have to deny . . . Ro . Sutfin : You already denied them a variance to come off Goodband Road because of State regulations because they couldn' t go up over the hill . H . Slater: No . Ro. Sutfin : What do you mean you can 't go up over the hill and put a roadway in? What do they do with highways? R. Sutfin : At least that's gradual . Ro. Sutfin : You cut through and you put roadways in for major highways , why can' t they do the same thing with a driveway to go up over a field ? And like he said , as a kid we use to ride motorcycles up through that field . That field is not that bad . Granted it' s a little hilly, so what. The hill that we live on up there is hilly . We were lied to . H . Slater: You weren 't lied to . Ro. Sutfin . We were too. R. Sutfin : That is accessible from there . But it would cost more . So what . This is not my problem , that' s the developer' s problem . R. Marcus : Mr. Sutfin , can I just run a question by you? You were saying how, I understand you 've been there for many years, in this house for 40+ years or so , and you were talking about ® how you ' re now seeing flooding in the back yard and I ' m just wondering when did that start? R. Sutfin : When they started putting that roadway in . R. Marcus : So just this year? Ro . Sutfin : No , they started putting that roadway in about two years ago. R. Marcus : That' s what I ' m wondering is just when you started seeing a change . Ro. Sutfin : As soon as they started putting that roadway in . R. Sutfin : There' s also a sewer that comes down in my backyard , the runoff. You ' re pouring thousands of gallons down through that but this is okay . R. Marcus : What sewer are you talking about? R. Sutfin : The drainage from their septic tank . R. Marcus : You mean from the septic tank for the house . . . has that been more. R. Sutfin : I think every year it gets a little bit worse. Ro. Sutfin : We used to have a garden up there , but it' s too wet now. R. Marcus : In the forty or so years that you ' ve owned it, you ' ve never seen it like this before? R. Sutfin : No . The more you open land up , the worse everything gets. Ro . Sutfin : The more they cut and develop up in there , they' re opening up underground springs . W. Matyjas . Any other questions or ccmments ? Any other final comment from the parties ? R. $utfin : When do we get your decision that you 've okayed ali of this" W. Maty as . Explained the process of making the decisions and notifying the parfres- P . Lutwak : The water issue , there is a lot of water down there- That area is a swamp - In the eleven years that I ' ve been here it' s always been a swamp . The water they are talking about has probably been there since I 've been there . When we did out the driveway , which by the way , is on the opposite side where they live , granted when we have a lot of rain and the driveway is a new driveway the water is ooming down that and granted there ' s muddy water coming down there, we did have Henry come out to look at it. All of the Muddy water was staying in the diversion ditch that was dug for the runoff; went straight dowry to the road and were not crossing over at all to their property . We don 't want to take any property away from them . Henry did come out and look at the water situation out there and I doubt he' d point out that although he's lived there for forty years, he 's been in that house for two when he took out a single wide and put in a double wide of which whoever did the grading , they' re sitting in a hollow now. R . Marcus : As far as you know, where was the house he was living in two }rears before? P. Lutak : The same spot . K. Zahlerw It was sited the same way , it was graded different. I think it all started with the grading . P . Lutwak : The other neighbor on the other side , 641 , actually Lathy use to own that house before we got married - That house many years before she had bought it had built a diversion ditch way in the back yard to defer water coming off the hillside because there was so much corning down , R . Marcus : Since we don't have a topographical maps it sounds like - - - P , Lutak : I have a topographical map . R. Marcus : It would be interesting to take a look at that . My basic question was it sounds like from where your house is dowry to IVlidline Road, its somewhat of a hill . ( Referring to the map ) The property slopes downward to the west toward Midline and to the south also? But relative north-south does it slope south 's And how about going to the north cf your driveway - P. Lutak : It' s a ridge . K . ahler: It leads towards YelJowbarn but everything else is downhill - R . Marcus : If you were to draw a line where this driveway is , is that also on somewhat of a ridge? How would you describe the topography north-south going across the driveway? P. Lutwak : This is flat until you get to about here and that' s where the hill starts to go up . ( Continued to explain using the topographical map) . H . Slater: Whether or not Ray is being flooded isn ' t really the question here . Adequate ingress/egress is the question . K. Zahler: Henry, I didn 't see anything in that variance regarding a single family dwelling or anything to that effect. H . Slater: I wouldn't be denying you a building permit if you were going to access from Goodband Road , which is what I thought you had talked about doing . P. Lutwak : We never applied for a building permit or a variance, so you never could deny us for anything we didn't ask for. R. Marcus : Henry, you were explaining before that with the driveway being in excess of 200 feet , the driveway construction would have to be satisfactory to your office as well as the local fire chief. H . Slater: I have seen what he has built to date and they are correct. It was June last year I received a call from Mr. Sutfin . It' s clear that the water from their property is following the ditch which they had built and was flowing to the roadside ditch where it was supposed to and all the water that was ponded in Sutfin ' s back yard was crystal clear water. You couldn' t confuse the two waters . He refused to believe that analogy. Somehow it magically cleaned itself up before it reached their backyard . W. Matyjas : We haven ' t closed the public hearing and I think it' s a good point that, let me ask this question . Had the applicants applied for a Goodband Road address and are going to build a 3, 700 foot driveway through the wetlands , there would be no variance required? H . Slater : We wouldn't be here. R. Marcus : Even though you and the fire chief would still have to approve the driveway . H . Slater: It would be a code issue not a zoning issue. W. Matyjas : Any other public comment? I ' ll close the public hearing at this time ( 8 : 55 pm ) . #** A* AAAAA*# *# *# *# AAAAA#A## A* A* A*AA#*#*# *AA** A* A* AAA# *# ## A# AAAAAAAAA# *# #A#AAAAAA#AA* A# #A# AMA 8 : 66 PM Chair Matyjas closed the public hearing and the board began their deliberations for Paul Lutwak and Kathy Zahler . A. IN CONSIDERING WHETHER AN UNDESIRABLE CHANGE WOULD BE PRODUCED IN THE CHARACTER OF THE NEIGHBORHOOD OR DETRIMENT TO NEAR13Y PROPERTIES WILL BE CREATED B GRANTING OF THE SECTION 280A VARIANCE THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS ; The development for the ingresslegress for emergency vehicles has already occurred and this existing route has less impact than a new atternative route from Goodband , The neighbor (#641 ) most impacted has granted an easement for this route _ The extension branches to the North , away from the neighbor (#65 ) that alleges a negative impact _ Motion : 0 . Keleman Second : D . Sprout In Favor, 3 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 VARIANCE OF SECTION 280A , THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS - Without the relief requested , access for emergency vehicles would be required from Ooodband , necessitating an additional 3 , 700 feet of access way to be developed . Motion : D . Sprout Second : O . Keleman In Favor: 3 Opposed ; 0 Co IN CONSIDERING WHETHER THE REQUESTED SECTION 280A VARIANCE IS SUBSTANTIAL , THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS - Compliance with 280A would require substantially more disturbance ( , 700 ' ) to the site than the requested relief ( 115001 ) , Motion : D . Sprout Second : O . Keleman In Favor: 3 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 , B and C above . The facts presented to the board did not support the position of the neighbor at #635 , the access way to #639 is further away from #635 than the existing driveway to #637 . Motion : 0 . Keleman Second : D . Sprout In Favor : 3 Opposed : 0 E . IN CONSIDERING WHETHER THE ALLEGED DIFFICULTY WAS SELF- CREATED , THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS : Yes , but there are advantages to the applicant , the environment , and emergency responders to this access way as compared to access off of Goodband Road because of the shorter distance from the public road . Motion : D . Sprout Second : 0 . Keleman In Favor: 3 Opposed : 0 The SEAR short form was completed as follows : a ) no ; b) no ; c) no — facts presented to the board did not support the contentions of the neighbor at #635 concerning drainage ; c2) no ; c3) no ; c4 ) no , c5) no; c6 ) no , c7 ) none ; d) yes — two neighboring property owners voiced their objection but did not address the issue on appeal . All were unanimously approved. Unanimously the Board approved Chair Matyjas check the second box of part III and a negative declaration was declared . THIS VARIANCE IS AN EXEMPT / NON -EXEMPT ACTION UNDER SEQR SECTION Motion : Oers Keleman — Grant request Second : David Sprout VOTE : YES : (3 ) Walter Matyjas , Oers Keleman , and David Sprout NO : ( 0 ) ABSTAINED : ( 0 ) DECISION : BASED ON THE FINDINGS , THE BOARD GRANTS THE 40 APPLICANTS REQUEST ON THE CONDITION! THAT THE PROPOSED ACCESS WAY IS APPROVED BY ALL AUTHORITIES HAVING JURISDICTION , INCLUDING THE TOWN CODE OFFICER AND THE LOCAL FIRE CHIEF . *** * * t ** or* ** ** ** ** ** ft* gr* gr* 4r* **** ** ** ** ***** Or* Or* ** ** ** grit grAgr**** orw* ** ** ** *t ***nor* 9 : 65 PM Chair Matyjas and the beard Megan their deliberations for Barbara Kenton and John and Louise Kingsbury . A. IN CONSIDERING WHETHER AN UNDESIRABLE CHANGE WOULD BE PRODUCED IN THE CHARACTER OF THE NEIGHBORHOOD OR DETRIMENT TO NEARBY PROPERTIES WILL BE CREATED B GRANTING OF THE SECTION 280A VALIANCE THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS : No , the private road has provided adequate access for up to five residences since 1955 , There is an existing maintenance agreement among the owners_ Motion : Q , Keleman Second : D . Sprout In Favor: 3 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 A VARIANCE OF SECTION 280A. THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS . No, without the granting of relief, no other access is available , Motion : D . Sprout Second : O , Ieleman In Favor: 3 Opposed : D O. IN CONSIDERING WHETHER THE REQUESTED SECTION 280A VARIANCE IS SUBSTANTIAL , THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS : No, the private road already exists and serves several other residences in a similar matter_ Motion : O . leleman Second : D _ Sprout In Favor: 3 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 , see A and C above . Motion : 0 . Keleman Second : D . Sprout In Favor: 3 Opposed : 0 E. IN CONSIDERING WHETHER THE ALLEGED DIFFICULTY WAS SELF - CREATED , THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS : No , the lots of records preexisted zoning . Motion * D . Sprout Second : 0 . Keleman In Favor: 3 Opposed : 0 The SEQR short form was completed as follows : a ) no ; b) no ; c) no; c2 ) no ; c3 ) • no; c4 ) no; c5 ) no ; c6) none ; c7 ) no ; d ) no. All were unanimously approved . Unanimously the Board approved Chair Matyjas check the second box of part III and a negative declaration was declared . THIS VARIANCE IS AN EXEMPT / NON - EXEMPT ACTION UNDER SEAR SECTION Motion : Oers Keleman — Grant request Second : David Sprout VOTE : YES : ( 3) Walter Matyjas, Oers Keleman , and David Sprout NO : (0) ABSTAINED : (0) DECISION : VARIANCE GRANTED . 10 : 12 PM Chair Matyjas and the board began their deliberations for David L. Porter. A. IN CONSIDERING WHETHER AN UNDESIRABLE CHANGE WOULD BE PRODUCED IN THE CHARACTER OF THE NEIGHBORHOOD OR DETRIMENT TO NEARBY PROPERTIES WILL BE CLEATED BY GRANTING OF THE AREA VARIANCE THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS . The proposed addition will' not extend further towards the roan than the existing building . The existing burJding is a pre-existing , non-corrForming structure , the location of which , relative to the road , rs typical of the neighborhood . Motion : D . Sprout Second : O . Keleman In Favor. 3 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 VALIANCE , THE ZONING BOARD OF APPEALS FINDS A J=OLLO S - To conform , the front of the addition would almost be setbacks to the rear of the existing house, and would require substantial tell , making an attached garage not feasible , Motion . O . Keleman Second : D . Sprout In Favor: 3 Opposed : B C. IN CONSIDERING WHETHER THE REQUESTED AREA VARIANCE IS SUBSTANTIAL, THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS : Yes , but it has no environmental or visuaJ impact to the neighborhood . Motion : D . Sprout Second : 0 , leleman In Favor: 3 Opposed : 0 D. IN CONSIDERING WHETHER THE PROPOSED VARIANCE WILL HAVE AN ADVERSE EFFECT OFF IMPACT ON THE PHYSICAL OR ENVIRONMENTAL CONDITIONS IN THE NEIGHBORHOOD OFF DISTRICT , THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS . I No, see A. Motion : O _ Keleman Second : D _ Sprout In Favor: 3 Opposed : 0 E . IN CONSIDERING WHETHER THE ALLEGED DIFFICULTY WAS SELF - CREATED , THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS , Yes, but no feasible alternative exists to meet the goal of a two -oar attached garage . Motion : D . Sprout Second : O , Keleman In Favor: 3 Opposed : 0 THIS VARIANCE IS AN EXEMPT } NON -EXEMPT ACTION UNDER SEQR SECTION 617. c 1 Motion : David Sprout — Grant request Second : Oers Keleman MOTE : YES : (3 ) Walter Matylas , Oers Keleman and David Sprout NO ( 0 ) ABSTAINED : (0 ) DECISION : VARIANCE GRANTED .