HomeMy WebLinkAbout2006-01-03 Town of Dryden Zoning Board of Appeals
January 3 , 2006
Members Present : Chair Oers Kelemen , Paul Lutwak , David Sprout and John
Goodrow
Others Present : Mike Merola, TC3 Foundation Director of Foundation ,
Henry Slater and Kristin Strickland
Agenda: TC - 3 Variance of Section 1, 401 . 1 (Off- street Parking)
O . Kelemen Opened the meeting and asked if any new public comment .
H . Slater Stated that the public had remained quiet through this
project .
P . Lutwak What about this letter from TO Miller 's saying that
everything has been addressed except one thing .
H . Slater This would be consistent with the Town Board approval
because the Standard Conditions of Approval and one of
those is that the applicant when granted a Special Use
Permit has to conform to all applicable jurisdictional
authorities that happens to have to do with the Stormwater
Management . That will come around between Millers and
the Zoning Office that will be overseen .
O . Kelemen Any further discussion from last month?
D . Sprout The Town indicated that this is just Phase One and TC3
must reapply for each additional phase .
P . Lutwak What if they never did go any further than this one iu
building. 8
J . Goodrow There was a comment if there was some situation it would 6'
be in their best interest to solve it whether it would be to
add or use existing spaces .
O . Kelemen Are we ready to proceed to the findings . The public hearing
is now closed . 7 : 40PM
H . Slater Note that the NEGATIVE SEQR DECLARATION was
provided by the Town Board on December 801 , 2005 this
can be referenced by an attached document .
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APPLICANT : TC3 Foundation
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
GRANTING OF THE AREA VARIANCE THE ZONING BOARD OF APPEALS
FINDS AS FOLLOWS :
Given the character of the campus , as is , no negative comment from the
public by having parking lot smaller there is less impact .
Motion : J . Goodrow Second : D . Sprout
In Favor : 4
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 :
No , an area variance is the only means by which reduced parking spaces
can be achieved .
® Motion : J . Goodrow Second : D . Sprout
In Favor : 4
Co IN CONSIDERING WHETHER THE REQUESTED AREA VARIANCE IS
SUBSTANTIAL . THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS .
Yes , while the variance is substantial the information provided in the
original application by TC3 's informal study shows there are adequate
existing parking spaces to address the difference .
Motion : P . Lutwak Second : D . Sprout
In Favor : 4
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" by allowing the variance there is less environmental impact .
Motion : D . Sprout Second : J . Goodrow
In Favor : 4
a
E . IN CONSIDERING WHETHER THE ALLEGED DIFFICULTY WAS SELF-
CREATED . THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS .
Yes
Motion : J . Goodrow Second : P . Lutwak
In Favor: 4
THIS VARIANCE IS AN EXEMPT / NON-EXEMPT ACTION UNDER SEQR
SECTION 617 . 5 ( c ) 12 8a 13 see attached copy
This Variance is NON-EXEMPT see SEQR Determination done by Dryden Town
Board during the Special Permit Hearing held on December 8(h, 2005 see attached
copy.
Motion : O . Kelemen Second : D . Sprout
In Favor : 4
DECISION : VARIANCE GRANTED , as requested ,
Motion : David Sprout Second : Paul Lutwak
In Favor : 5
VARIANCE GRANTED WITH CONDITION LISTED BELOW :
This variance is conditioned upon conformance with the Town Board
Special Use Permit authority of 12 -8 - 2006
Motion : J . Goodrow Second : D . Sprout
In Favor : 4
Meeting Closed 8 : OOPM
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