HomeMy WebLinkAbout2005-05-10 ' Town of Dryden Zoning Board of Appeals C1�
May 10t" , 2005
Agenda: ( 1 ) Suzanne Wilson , Area Variance
Mem . Present : Paul Lutwak , Thomas Quinn , David Sprout , and John Goodrow
Also Present : Randy Marcus , Henry Slater , Robert Hamilton , Suzanne Wilson ,
and Stephen Bell
( 1 ) Suzanne Wilson
7 : 15 Member P . Lutwak opened the public hearing of Suzanne Wilson of 585
Lake Road Dryden , New York , who is requesting permission to create 2 lots
with nonconforming public road frontage at 585 & 587 Lake Road , a
variance to Section 500 . 3 & 702 . 1 of the Dryden Town Zoning Ordinance .
Member Lutwak read the legal notice and remainder of the file into the
record and asked Ms . Wilson if there was anything she wanted to add to
the record .
S . Wilson Submitted to the board pictures of the properties
surrounding the subject property . Some of the properties
have less than the required road frontage . A deeded right
of way urill be used which is an existing driveway .
P. Lutwak Asked if the parcels would be split .
B . Hamilton Answered no , everything will remain in Suzie 's name .
P . Lutwak Explained to the Board that this would not be another
tax parcel . This will be another house on her property .
T . Quinn What is the point of the lines if the property is going to
stay in Suzie 's name ?
D . Sprout If the parcel that is being created if the variance is granted is not going to
be deeded to anyone . It is not going to create a separate tax parcel
everything is going to remain a single parcel in the same ownership . Why
would you not simply allow for another house to be constructed on it?
H . Slater We have single family homes and two- family homes . Two family homes are
defined as a taxed unit . These are two separate homes on a piece of
property totally independent of each other if they were ever to be split
which obviously some day they will be , there will be insufficient frontage
for either one or both . We would not issue a construction permit for this
house because you couldn 't provide 125 ' of road frontage for the new home
or 125 ' for the existing home . Looking at that Section 500 . 3 which states
that you shall not diminish a conforming lot in the attempt to create a new
lot .
. P . Lutwak The Town of Dryden has no provision to build a second house on a
conforming lot?
H . Slater We would permit it if there were 250 ' of frontage because then it would
have been able to be split into two lots in the future .
P . Lutwak How does this differ from a barn with an apartment in it?
H . Slater Because they are physically connected . Two dwelling structure
D . Sprout What Paul is saying is that if he had a house and Paul decides to build a
barn with a separate living unit in the barn with the same frontage .
H . Slater We would permit that only if they were on the same well and septic . There
would be no potential for separation . Separation potential is the key.
T. Quinn This is an odd result to not make it not separate now.
What is the variance tied to now .
R. Marcus If you get the variance and there is no conveyance to the property the
variance sits in your board 's records and that is all . It does not go into the
title record . When this board makes a condition that the driveway be a
shared driveway it will only be a condition in the records here at the Town
level .
P. Lutwak This means that in 15 to 20 years down the road they try to separate this
to build a new driveway or to sell off one piece of it they would have to find
this in the Town 's records .
H . Slater They could record this if they want to .
R. Marcus It may be to their advantage to do this . Not knowing how long it may be , it
will cost you $ 31 . 50 to record this and index this to your deed and then it
is there permanently .
P . Lutwak Any other comments from the public or the board?
J . Goodrow I have a question about the shape ? If the driveway is coming in from the
south and we have this piece on the north that is touching the road . Is
there a reason for that?
B . Hamilton That is to take her property all the way to the road .
H . Slater It is so that each lot could stand - alone with this variance if they were ever
to separate . There has to be some road frontage .
T. Quinn We are creating a flag lot .
R . Marcus It is the state law that dictates the town zoning law and the state law
doesn 't have any mechanism to eliminate the frontage .
H . Slater The state law says that you need to have at least 15 feet .
R . Marcus This is for access for emergency vehicles from the state road .
P . Lutwak If there are no other questions I will close the public part of the hearing .
Now we can go through our findings .