HomeMy WebLinkAbout2006-04-04 Town of Dryden Zoning Board of Appeals
April 4, 2006
Members Present : Chairperson Oers Kelemen , Thomas Quinn , David Sprout ,
John Goodrow, and Paul Lutwak
Others Present : Henry Slater , Randy Marcus , Kris Strickland , Susan
Johnson , Joe Westbrook , Carol Schmook , Dan Roy , Paul
Yaman , Tracey White , Ken and Cindy Parker , Paul Simonet
and Interested Residents ( attached sign in sheet)
Agenda: Area Variance Appeal 1 - Cayuga Radio Group
Use Variance Appeal 2 - Schmook / ,Jupiter Wind Turbine
Use Variance Appeal 3 - Tracey White
Use Variance Appeal 4 - Park Outdoor Advertising
Cayuga Radio Group
O . Kelemen Opened the meeting by reading the Public Hearing Notice
into the record . Cayuga Radio Group / Saga
Communications is appealing Article 14, off-street parking
Section 140 1 . 10 office use.
Is there any one here representing the Cayuga Radio
Group ?
Joe Westbrook I am the architect for this project and what we are
proposing is to relieve overcrowding of the studio and office .
We are accommodating planned staff increases of three
currently 23 employees and proposed to be 26 . We are also
upgrading the accessibility and exiting to the building .
The design is a 25 ' X 45 ' addition on the south end of the
building .
Display of site plan and pictures to the Board .
Part of the problem we are having with the front entrance is
there is a vestibule of the doors to meet accessibility so we
would like to spread the entranceway out so that there is r
sufficient access between the two doors for handicap
accessibility . Q
Another problem we are having is where the roofs are laid (�
out the water and snow tends to run off of the front and S
right into the entryway . As we pull out the structure by
about 4 to 5 feet, put in a cross gable so that the water
would shed to the sides and free up the entrance from the
runoff. This addition maintains the current look of the
building .
J . Westbrook offered more explanation of the current
building plan .
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O . Kelemen Questioned that the rear parking was the new proposed
parking spaces .
J . Westbrook Yes , people will be circling around to the back and we are
intending to have wall lighting on the building to the rear
and side so that there is no impact .
P . Lutwak Is the parking along the back or the side?
J . Westbrook It is along the side . There is a secondary driveway that
currently goes to the back . We would like to make sure that
the swale that currently goes around the building remains
and there is a drainage pipe that is under the walkway and
another that comes across the driveway .
There is a tree line and we are trying to maintain the feel of
open space with this configuration and to also not increase
the run off by keeping the current swales and the idea is to
make it a gravel parking area in the rear .
O . Kelemen Asked H . Slater if there is sufficient area on both sides to
build this addition ?
H . Slater Yes .
P. Lutwak Even with the parking lot and the boundary?
H . Slater As long as you have 15 ' you are fine . Parking is on the
inside and the driveway is already there . There is
approximately 40 ' from the building and with the existing
driveway there is the 20 ' from the property line .
J . Westbrook This would complete my presentation .
O . Kelemen Any questions from the Board?
P. Lutwak I would like to clarify when the building was built . This
Notice of Decision in 1989 was in preparation to build the
building and the building was built in 1991 .
S . Johnson The building was built in 1991 .
P. Lutwak In 1989 you wanted to construct 47 spaces instead of 61
for 20 employees and then in 1991. there must have been
more building because you reduced the parking spaces
from 52 to 25 and 12 employees .
Right now you have 23 spaces .
J . Westbrook This happened when the parking spaces were restriped .
P. Lutwak How many employees now?
S . Johnson We have 23 employees . The employees work different shifts
and therefore every parking space is not in use at the same
time . No more than 12 people at any given time .
P. Lutwak Just concerned with how parking would be handled if the
lot were full .
The purpose of the number of spaces per building space , is
there a reason for that?
R. Marcus Different ordinances read it different ways . This ordinance
is not as specific as some . There is no particular logic to
saying you need a space for every 100 square feet . It is just
a sway of establishing the required number of spaces .
Additional discussion on the number of employees vs . the
number of parking spaces .
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R . Marcus I just wanted to point out one thing for the Board 's
® information because it ties into something that was
mentioned concerning the surface of the parking spaces .
According to your Zoning Ordinance , off street parking is to
be paved and then there is a reference to the definition of
paving which is a bit open ended . It is defined as a smooth
hard dense surface , which is durable and well drained
under normal use and weather conditions ,
On the one hand you are requiring that you pave but the
definition of paving does not say asphalt .
J . Westbrook We were sticking to the well drained . I wanted to be sure
that the swale area that the water continues to get through
these two pipes to get around the building .
O . Kelemen Are you suggesting that we specify in our conditions . . . .
R . Marcus Whether what is being proposed is satisfactory or whether
you are requiring something other than that .
O . Kelemen I have a few questions . What is your current experience
with the parking vs . how many people work here?
J . Westbrook I have not had any difficulties parking when I have been
there but there also has not been any delivery trucks have
come through .
O . Kelemen Susan do you agree with that?
S . Johnson I have been there since the beginning and we have never
really had a parking problem .
® O . Kelemen What is to prevent them from hiring SO people ?
R . Marcus I need to ask a question before I answer this question Oers .
You mentioned that the employees are not there at the
same time , so it makes sense that you do not need all the
spaces at once . Is that also true of the office space ? In other
words is there just so much office space as to accommodate
the current employees .
S . Johnson One of the reasons why we are doing the addition is to
expand the studio and the other is to add space to
accommodate current employees and better working
conditions .
R. Marcus It doesn 't sound like there is a practical situation , in which
there would be so many more employees added that you
run out of parking, I think that as an enforcement
mechanism you as in any situation fall back on whether
they are complying with the requirement of parking off
street ,
P . Lutwak What if they out grow this facility and then we have a
building here that can accommodate a certain size and we
have greatly reduced to the number of parking spaces .
Than this is grandfathered in ,
R . Marcus You can condition a variance such as this on the use that is
currently being maintained . The variance is good as long as
the property is being put to this use . There is an
enforcement issue there because depending on what the
® new user does they may or may not have a reason to come
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to Henry . If they are happy with the layout of the radio
studio as their office / treatment rooms and all they do is
change the sign . They may not have a reason to see Henry .
H . Slater Actually they do in this Zoning District . All uses are subject
to review at least administratively if not publicly .
O . Kelemen Any questions from the Board ? This is now a public
comment time .
This now closes the public comment portion of the meeting
and we will now go on the next hearing . 8 : 02pm
Schmook/ Jupiter Wind Turbine
O . Kelemen Read the public hearing notice stating an interpretation of
Article 5 General Provisions , Section 50 . 5 as the authority ,
which does permit home energy installations .
H . Slater There is more to this hearing . In lieu of an unfavorable
interpretation they have also requested variance
consideration to the zoning district allowed uses Section to
proceed with this particular project .
Dan Roy Agent for Schmook / Jupiter explained the plan to be a
l OKW wind turbine and a 120 ' tower . Turbine to be placed
in the center of property .
C . Schmook Submitted neighbor letters in support of this project .
D . Roy Explained to the board the location of the tower and the
terrain of the property .
C . Schmook Also submitted information on noise levels and any impact
on birds . As for the noise there is no one outside of our
property that would hear anything .
O . Kelemen You are taking exception to a couple of interpretations?
D . Roy That was at Henry 's suggestion as a reasonable first step .
C . Schmook I would like to say that my understanding was that on an
economics basis we would not be approved because we are
already hooked to NYSEG . Our reason for doing this is to
produce clean renewable energy . I think with gas prices
increasing and the environment with the more each person
can do . . . with the amount of wind in our area we should be
able to produce all the electricity that we will need .
P. Lutwak Henry , I would like to ask . . . Is there no real ordinance that
this fits into , this is just the one that this fits best into ? Is
this what we are understanding or not?
H . Slater No
P . Lutwak I do not understand the part where it said . . The Town of
Dryden Zoning Ordinance does not currently contain
provisions allowing for the installations of wind systems or
any other renewable energy .
With nothing on the books does that mean that it is an
automatic NO ?
H . Slater In this case yes because the Tour concluded several
months ago that these types of devices are not recognized at
that time by the Town of Dryden . It was relative to another
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industrial application proposal so the Town had to take a
position . Since that time the Town Board has directed our
department to draft some ordinance language to address
renewable energy resource uses . We have finished that and
it will be presented to the Town Board at their next meeting
April 13 , 2006 . If they find that it is something they may
want to adopt then after a 30 - day period there will be a
public hearing to consider its adoption .
This ordinance will specifically address the wind turbine
because they seem to be the controversial application . We
have drawn safety aspects to these wind turbines . The
height of the tower including the blade and 10 feet , also the
55 decible reading at the property line .
T . Quinn If we act on a variance before there is any law recognizing
this are we setting a precedent that has to be considered .
R . Marcus You are not setting a precedent , the real issue is the board
being able to act on a variance .
P . Lutwak Can we table this until the Town Board acts on the
ordinance? This may make the whole process easier .
R . Marcus As a procedural matter you will have a difficult if not
impossible time granting a variance like this because of the
requirements you have to satisfy. That does not actually
relate to the Town Board 's procedure in adopting new
legislation .
This board has very limited authority . Your job is to
to interpret the section of an ordinance . This ordinance is
vaguely put and this board is asked whether this
installation could be defined under the public utility section
of the ordinance .
If something is not stated as being allowed then is it not
allowed and it is not. The way your zoning Law works is it
allows what is stated .
P . Lutwak Asked the applicants if it was possible for them to wait until
the Town Board makes their decision?
D . Roy When is the Town Board ?
H . Slater Sometime in the next 90 days in could become law . If it is
adopted in its present form you will be required to obtain a
special use permit and that way there is some public review
capability . I cannot guarantee that they will adopt it . We
worked hard on the document .
D . Roy What if we were to take our chances on the variance and it
was denied ?
P . Lutwak They are not related applications . I think what he is asking
is what if the Town Board said they are not going to deal
with this?
T. Quinn That would then give us a starting place .
C . Schmook My concern with the 90 days is would it allow us to get this
done this year .
D . Roy This also needs to be approved by NYSERDA .
O . Kelemen Any other questions ? Any public comment?
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Many positive response from neighbors and others .
® Art Weaver Has a concern with the time issue of the process of new
legislation . He applauds the applicant in doing this
renewable energy but feels that the delay of the process of
making this ordinance . This is a harmless activity that is
very beneficial . Thank you to the Town of Dryden for at
least taking the initiative to put something in writing about
renewable energy systems because that is where our world
is going . Fossil fuels are quite limited .
R. Marcus I think that the Town is trying to provide the opportunity to
do something that is not otherwise allowed to be done . I
think that every comment that I have heard was very
favorable towards the outcome of allowing wind turbines .
But the law currently makes no provision for these .
P . Simonet I am very much in favor that there are rules and regulations
to go through but the law is the law and I would like to
stand with the counsel so that we can protect the neighbor
next to you . There is a methodology of how this gets
approved and I am in favor of this and it is steady as she
goes .
O . Kelemen Any other comments?
B . Dolph I live at 26 Quarry Road and I too am here and interested in
renewable energy . How long does this document take to
become law?
H . Slater Once presented to the town board and they agree to accept
the document you wait 30 days for a public hearing . This
probably will be introduced at the May 2006 meeting. Then
a public hearing in June and it will become law 10 days
after filing . This will only happen if the board votes to pass
this ordinance .
S . Dolph They may say no .
H . Slater Yes , but it was the board who asked my department to draft
this legislation to address this situation . Only if they find
this short of what their goal was that they would say no . We
happen to think this is a good piece of legislation .
B . Dolph My concern as being a life long resident of the Town of
Dryden and on both ends of different issues , I know that
people will oppose this and this will then delay or this never
happens or they vote against it . Then we are right back
where we are now and I strongly suggest that you guys put
a positive note on the board and pass this variance .
R. Marcus This board is a creature of state law and the Town has
brought it into existence to comply with the very limited
and narrow provisions of state law that say you can
interpret the zoning ordinance and you can grant use and
area variances . If you are looking to grant a use variance
you have to have proof in the file before you come to that
decision that the applicant cannot realize a reasonable
return from their property unless it is used for this
purpose . If there is nothing else that it can be used for
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under the applicable zoning and that the hardship is
unique to this property ; that the use variance does not alter
the character of the neighborhood ; that this hardship has
not been self created . You have to find positively on each of
those aspects in order to grant this .
This is State Law and those are your limits . The issue is an
issue for the Town Board . They are the only entity with
authority to change the zoning ordinance .
P . Lutwak Is there another way to challenge the rejection of the Zoning
Permit?
R . Marcus The use is not recognized in the Town 's Zoning Ordinance
and they cannot grant a special permit until there is a use
recognized .
P . Lutwak I am looking for a way to get around this .
D . Roy Does anyone know the definition of a public utility?
R . Marcus The Town 's zoning ordinance does not have a specific
definition .
D . Roy It is open to interpretation correct?
R . Marcus That is why we are here tonight . You are asking the Board
to interpret a definition in the Town Law .
D . Roy This wind turbine would effectively remove some number of
tons of carbon dioxide and other air pollutants from the
atmosphere that we all use . Could that then be a public
utility?
B . Dolph Does the fact that the State is taking a stance on this and
that they are requiring SEQR and are looking at other
things to pass this Statewide . Does the Town have to be
involved? These things have clearly been done to this date
and all of a sudden something has happened and now we
have to do something . There is solar generation all over the
Town of Dryden . Every one of them has been built without
a variance .
T. Quinn They have probably been built with a permit .
B . Dolph Then on what basis? If Henry has granted permits to do
alternative energy sources and now he is saying you cannot
because we have made a new interpretation .
R . Marcus Then the course should be if this proceeds to a variance
consideration and the zoning board says no , the next step
would be to bring a lawsuit against the Town , an Article 78
proceedings saying the Board has been arbitrary and
capricious in its interpretation of this law.
P . Lutwak Was this rejected because it was a wind turbine and 120 '
tall or because it does not fit in the ordinance .
Other renewable energy resources have been approved in
the Town of Dryden .
Craig Anderson I own a property that is within a shadow of a tower that has
been put up by this company Renovus and you would not
even know it was there . It is 500 ' from my property , you do
here it on a windy day but I think it is great idea .
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P . Lutwak Henry, I have a question about a permit that was approved
prior to this .
H . Slater It should not have been neither should the permit for the
wind turbine already existing . We are not under any
obligation to repeat those errors and once a decision has
been made and we have been legally advised not to do it .
We have no choice but to not do it .
H . Slater The best I could come up with for public utility in the
dictionary was " a business organization that performs a
public service or renders a public service and whose
operation is subject to government regulations . "
O . Kelemen You all need to understand that we do not care how pretty
it is or how ecologically sound it is . What we are meeting
about here is to make a determination as to whether where
it sits we have the power to grant a variance and to make it
if we wish to .
R . Marcus This Board does not have the power to change the
ordinance .
T . Quinn Can we ask them to look at this at the next meeting .
R . Marcus You can ask , but they determine whether or not they will , it
is up to them .
H . Slater This depends on whether the Town Board wants to do this
and we are in the process of creating a document , which is
further than many other municipalities . Some
municipalities do not have zoning such as Enfield and that
is why there are no issues and they are allowed . We have
not heard of any other municipalities taking this initiative .
O . Kelemen Any other comment?
B . Armstrong I heard that in other regions they are doing this and it is
positive and property values increased .
O . Kelemen Another effective measure would be to write the Board and
to come to the meetings .
This public comment section is closed .
Tracey White / Use Variance
O . Kelemen Read the public notice requesting a use variance of Section
751 Allowed uses within the RB - I District .
Any comment from representative of the White property .
Paul Yaman I would like to start by giving you information and saying
that we have intended to build an office . I know that there
has not been one residential house built in this area for
many years . I am providing you with information showing
you the cost of construction on the allowed uses within this
area (churches and residential homes) .
I feel it is going to cost more than the normal cost to build a
house in this particular area .
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There were documents shoeing the allowed uses vs . the
cost to build on this particular lot .
One of my goals for building here because I would like to
build an energy efficient building as well as do green
construction . We would like to move closer to Ithaca.
O . Kelemen You are stating that no other use exists besides a
commercial building .
I do not agree with you on this . 1 think that you could buy a
better lot for more money ,
Any other comments .
B . Keech I was Chairman of the ZBA when this zone was changed .
This was forced upon the Board from the people of Etna .
The way they changed this was to change it to an R13 - 1
zone at that time and no one has ever asked for a permit to
live in that area .
At the time the Roy Park Foundation would have put a two -
story office building on this property but were not allowed .
The only thing you can build is the uses allowed in the RB -
1 zone and that does not allow commercial .
Shirley Lyon I am a resident of Mineah Road and I have some concerns
regarding exiting on Mineah Road . There are now
apartment houses and All- Mode and this proposed
development means more traffic . The wait at times in the
morning is up to 10 minutes . We are not against
development . We do not have any other exit on this road .
This land has not been for sale for very long . The previous
owner would not sell . It was only after his death that this
land became available for sale .
P . Lutwak How long has this been for sale?
Tracey White I am the owner of the land and this land has been for sale
for 4 years .
Tom Melberg I work at All- mode and by no means do I think that a
business across the street would deter our business .
Construction is good and business is good but having more
cars coming in and out of Mineah Road is not. There have
been many accidents and I have been in two of them .
The state would need to put a light or we will see more
accidents and there have been some fatalities .
P . Lutwak How is the traffic flowing there?
T. Melberg Some are going into Ithaca and others are traveling towards
Dryden .
P . Lutwak For this proposal here the traffic is actually going opposite
from what you are going. Correct?
S . Lyon We cannot look at just this project . We need to look at the
future of what is going to happen with the entire property if
this were to become commercial .
Kelli Robinson I also live on Mineah Road and I take a right turn into
Dryden and that is also very busy . I have a question for Mr.
Yaman . . . Do you plan on buying all of the property?
P . Yaman No , just 300 ' up Mineah Road .
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P . Simonet I am working with Park 's and I know a little bit of loss
® revenue to the Town that Mr . Keech was talking about and
this was strictly because of lost zoning.
I do know the issue with the traffic but I think the issue
with that is DOT . They made that a speedway instead of
slowing it down .
I think that at some point in your SEQR you « ill be
bumping into impact with DOT and they will have to
address this . Especially with fatalities .
There are no other uses for this area . There hasn 't been a
house built on Route 13 since 1988 except for the house
across the road and that was built as a business . I think
from a financial perspective I think that there no other use
for this land other than commercial . If you look at the Town
Comprehensive Plan there is a 500 ' buffer where even those
who have studied this extensively only see a commercial
use for this property ,
I think this is the only use you can have and for the traffic
issue that should be handled through the DOT and the
process of SEQR.
S . Lyon My suggestion is to put a red light in the bottom and I am
all for it but that should be done first .
Less Saber I am a property owner on Rt 13 and I am mostly here to
listen and I also feel this could be used as residential with
proper access off of Mineah Road .
S . Lyon There would be less of an impact with residential than
commercial .
P . Lutwak How many parking spaces proposed in this project? I see 28
in the front and another 12 in the rear.
K . Robinson How many square feet in the building
P . Yaman About 4500 square feet
K , Robinson What kind of trucks are you going to have in and out of this
area?
P . Yaman Maybe 2 delivery trucks per day . Most every thing is
delivered to the job site . The left over materials would be
delivered to this area.
There are two entrances one off of Mineah Road and one off
of Route 13 .
There seem to be issues from the County Planning and Dan
Kwasnowski the Town of Dryden Environmental Planner
regarding more road cuts on Route 13 ,
H . Slater Again reiterated the Comprehensive Plan in the overlay
district on Route 13 these uses would be allowed uses .
Which is only the Route 13 corridor . Not all the way up the
hill . It will only extend 500 ' off of Route 13 . This is a very
small area that is different being an RB district . The Town
has already adopted the Comprehensive Plan and the next
step is to have the Planning Board bring the proposed
® changes to the Zoning Ordinance to the Town Board and
recommending them for adoption .
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0 . Kelemen Is there a chance that this will be done soon .
H . Slater Not with new business being as busy as it is .
0 . Kelemen Any other comments?
S . Lyon I would like to go back to the traffic issue . We have no other
exit and I would like this taken into consideration .
K . Robinson i would also like to express that there is going to be a traffic
issue .
B . Keech I am responsible for all that has been built down there . I
think if we get this in there we will see a stop light on that
corner .
P . Simonet The Park project is showing a proposed driveway that could
possibly be used by both businesses over near Etna Lane ,
0 . Kelemen With the road cut being an issue I am surprised that you
have permission for that .
H . Slater They have to give a road cut to a particular piece of
property unless it is a non - road cut zone which it isn 't .
T . White I would like to say that I to live on Mineah Road and the
high traffic time is generally between 7 : 30 and 8 : 00 in the
morning and I wait about 3 minutes and I am heading
towards Ithaca. I do understand that there is a safety issue
here .
0 . Kelemen We will now close the Public Hearing portion of this .
Park Outdoor Advertising
0 . Kelemen Read the Public hearing notice requesting a use variance of
Section 701 District Uses of the Dryden Town Zoning
Ordinance to do so .
Ken Parker Applicant , the property is adjoining Tracey White and the
same issues seem to apply to my project , which is the
traffic issue . I am proposing a road cut further up Route 13 ,
which would ease some traffic . For this one cut would limit
the road cuts onto Route 13 .
0 . Kelemen Do you have any idea on how much traffic you would
generate?
K. Parker Initially I would have a truck come once a week . There may
be some walk in trade and I would like to have a show
room .
T . Quinn So would you also be doing retail on lumber .
K . Parker Yes , hardwoods . . . moldings . On my site plan I put 6 parking
spaces .
T . Quinn Has this been checked for Septic .
K. Parker No , not at this point .
0 . Kelemen Have there been any neighbor comments?
H . Slater Nothing in writing.
Mr . Hibbert I am the only adjacent neighbor and I have no objection to
this kind of development because I believe it is actually as
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much as I mentioned earlier about the safety with the
residential houses but I know it would never really happen
because of the road , With this business being light
commercial and light traffic .
This makes a nice buffer between the residential that
already exists .
I am concerned that both businesses together may make a
potential for accidents and I am curious in the way that the
Town Government can facilitate the State to take a look at
that .
I would like to make one additional comment at All- Mode
there is a passing lane because you can see ahead every
one can pass . That will create an additional hazard
especially when someone is slowing down to turn and
someone else would like to pass . There is highway safety
issues .
P . Lutwak The building you are proposing is it steel?
K . Parker Steel skin and pole structure .
T. Quinn The proposed road way do you propose that people are
going to use this as opposed to going up Mineah ?
You are proposing a road that is 60 ' long it will be very
expensive .
P . Lutwak Would the Town pick up another road?
H . Slater The Town may not .
P . Simonet The driveway does not have to be done . Also a couple of
comments one being that the Parks property is landlocked
and I know that we are allowed one cut in that property and
in theory only we are allowed the one cut . But the bigger
picture being that if there were a driveway to connect
Mineah and Route 13 across from Etna Lane . This seems to
mitigate the traffic to a degree . But DOT has to be involved .
My request would be to consider a conditional approval on
the use variance contingent on a successful conclusion on
DOT involvement on mitigating traffic .
T . Quinn How do we get DOT involved?
H . Slater They will have to apply for a construction permit if they
prevail here and we will ask for a copy of the DOT road cut
permit and completion document . They will determine
where the driveway will be . DOT has an engineer that will
look at this and tell them the best place for the drive .
They have standards for site distance , speed , cross traffic
so they site this cut .
O . Kelemen if that driveway is proposed to be a relief for the traffic
problem on Mineah and Route 13 could we put some kind
of condition that the drive remain open? Being private can
they close it at any time ?
R . Marcus Yes , I will need not to participate in this because our office
represents Park Outdoor . But to answer your question , you
are right , all owners would have a legal right to use this
driveway . Not the public .
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0 . Kelemen Any other comments?
0 Building a Town Road was discussed and decided the cost
was more than the need for the road . Randy Marcus shifted
the focus to the decision at hand being are these uses
acceptable uses to this zoning district . Are you satisfied
with the information been provided that these two
properties cannot be economically used for residential
development and as a result the only economical viable use
is commercial property along the lines that have been
proposed . You have been given a lot of information .
If you were to decide this you are in the position to add
some conditions for this hypothetical use variance one of
which this development requires site plan review .
Once you have decided that this a SEQR document would
need to be required to address this . A required SEQR needs
to be done before a site plan review . You need determine
who is to do the SEQR whether it be this Board or the Town
Board .
R. Marcus Can this Board request the Town Board to do the SEQR?
H . Slater No . It needs to be done here .
® S . Lyon Again brought up the issue that this land was not on the
market very long and there is a possibility that this could
be sold as residential .
0 . Kelemen Closed the Public Hearing portion .
!Findings
Saga communications
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STATE OF NEW YORK: COUNTY OF TOMPKINS
® TOWN OF DRYDEN
In the matter of the appeal of CERTIFICATE
Saga Communications - Cayuga Radio Group
The property located at 1751 I-Iansha.w Rd
(Town of Dryden Tax Map Parcel No . 43 . - 2 - 3 . 2 )
I , Oers Kelemen , Chairperson of the ToxArn 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 approved by such Board on :
Dated : Dryden , New York
Date : April 10 , 2006
Oers Kelemen
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NOTICE OF DECISION
April 4th , 2006
A public hearing was held to consider an application submitted by Saga
Communications / Cayuga Radio Group requesting an area variance of
Section 1401 . 10 Off- Street Parking of the Dryden Town Zoning
Ordinance . Cayuga Radio Group is proposing to construct 5 additional
parking spaces where 11 are required .
Said hearing was duly conducted by the Town of Dryden Zoning Board of
Appeals on Tuesday April 4th , 2006 with members present : Chairperson
Oers Kelemen , Thomas Quinn , David Sprout , John Goodrow and Paul
Lutwak .
AREA VARIANCE
APPLICANT : Cayuga Radio Group / Saga Communications
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 :
The proposed number of parking spaces reduces the impact on
The area that would have resulted from the required 11 spaces .
Motion : J , Goodrow Second : D . Sprout
In Favor : 5
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 :
No , This is a reduction in spaces
Motion : T . Quinn Second : D . Sprout
In Favor : 5
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Co IN CONSIDERING WHETHER THE REQUESTED AREA VARIANCE IS
® SUBSTANTIAL . THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS :
Yes , but the result is beneficial .
Motion : T . Quinn Second : D . Sprout
In Favor : 5
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
Motion : P . Lutwak Second : J . Goodrow
In Favor : 5
E . IN CONSIDERING WHETHER THE ALLEGED DIFFICULTY WAS SELF-
CREATED . THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS :
Yes
Motion : P . Lutwak Second : T. Quinn
In favor : 5
THIS VARIANCE IS AN EXEMPT / NON-EXEMPT ACTION UNDER SEAR
SECTION 617 . 5 ( cl 12 Sd 13 and 239 L&M Review
Motion : Tom Quinn Second : David Sprout
In Favor: 5 Opposed : 0
DECISION : VARIANCE GRANTED , with conditions ,
Conditions :
• Only applicable for this current use of property (Radio Station , studio) .
• A favorable SEQR determination by the Town Board as the Site Plan
Review Board
lie
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Use Variance / Wind Turbine
November 1 , 2005
A public hearing was held to consider an application submitted by Carol
Schmook & Kenneth Jupiter of 381 Mount Pleasant Road Freeville , New
York who are requesting permission to erect an alternative energy
source , 120 ' wind turbine tower for home electric power and requesting
an interpretation of Section 500 . 5 General Provisions and variance
consideration of Section 701 , district permitted uses of the Town of
Dryden Zoning Ordinance to do so .
Said hearing was duly conducted by the Town of Dryden zoning Board of
Appeals on Tuesday April 4th , 2006 with members present : Chairperson
Oers Kelemen , Thomas Quinn , David Sprout , John Goodwin and Paul
Lutwak ,
Use Variance
Carol Schmoock & Kenneth Jupiter
A. The applicant cannot realize a reasonable return provided that lack
of return is substantial as demonstrated by competent financial
return :
No financial evidence was provided to demonstrate that they
cannot realize a reasonable return
Motion : P . Lutwak Second : D . Sprout
In Favor : 5
Opposed :
B . The alleged hardship relating to the property in question is unique
and does not apply to a substantial portion of the district or
neighborhood :
Motion : Second :
In Favor :
C . The requested use variance if granted will not alter the essential
character of the neighborhood :
Motion : Second :
In Favor :
D . The alleged hardship has not been self-created :
Motion : Second :
In Favor :
Variance Denied
Motion : Paul Lutwak
Second : David Sprout
In Favor : All
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Tom moved that the Board find that this is not a public utility based on the
definition that has been made available to us .
Second : John Goodrow
All in favor
T . Quinn would like the record to reflect that he is in favor but finds that the
law as it has been explained gives no options .
The Board agrees that this is the only definition they have and that there are no
options .
No argument was submitted to say differently .
Paul Lutwak made the motion that the applicant provided no financial evidence
to demonstrate that they cannot realize a reasonable return .
Seconded by David Sprout
All In Favor
Use Variance Denied
Tom Quinn moved that the ZBA petition the Town Board to examine the
proposed law and to act favorably on it at the earliest possible time .
Paul Lutwak seconded the motion and all in favor .
APPLICANT : Tracey White
A. The applicant cannot realize a reasonable return provided that lack
of return is substantial as demonstrated by competent financial
return .
The potential of this property as residential is limited and attempts to
market it have failed . The proposed variance Nvill allow some return to the
applicant . This property fronts on a high traffic highway .
Motion : T. Quinn Second : D . Sprout
In Favor: 3
Opposed : 2
B . The alleged hardship relating to the property in question is unique
and does not apply to a substantial portion of the district or
neighborhood .
Yes , all the properties on the Route 13 corridor zoned RB 1 are subject to
similar hardship as relates to the majority of other properties in that zone .
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Motion : T. Quinn Second : J . Goodrow
In Favor : 5
C . The requested use variance if granted will not alter the essential
character of the neighborhood .
Yes , there are several businesses in the area, including All- Mode across
Mineah Road , Multi family housing nearby , billboards , and a church on
Route 13 and a shop nearby.
Motion : T . Quinn Second : D . Sprout
In Favor : 5
D . The alleged hardship has not been self-created :
Yes , the development of commercial enterprises in the area have had a
negative impact on this property for it 's zoned use . The location of a high
volume state highway has further contributed to this situation .
Motion : D . Sprout Second : J . Goodrow
In Favor : 4
Opposed : 1
David made a motion to follow Henry 's recommendation to request a long form
SEQR Part 1 to be submitted by applicant .
Seconded by Tom Quinn
All in favor .
John Goodrow made a motion to table this application pending submission of
the long form SEQR
Seconded by Paul Lutwak
All in favor .
Parker Variance
David made a motion to follow Henry 's recommendation to request a long form
SEQR Part 1 to be submitted by applicant .
Seconded by Tom Quinn
All in favor .
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Paul made a motion to offer the Long Form SEQR review to the Town Board as a
site plan review board .
Seconded by David Sprout
All in favor
Paul Lutwak made a motion to table this pending submission of the long form
SEQR
Seconded by David Goodrow
All in favor .
The Parker / White variance consideration will continue at the May 2006
meeting .
Meeting Closed 12 : 11 PM
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