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HomeMy WebLinkAbout2006-09-05 Town of Dryden Zoning Board . of Appeals September ' , 2006 Members Present : Ocrs Kelemen , Chair . , John Goodrow , David Sprout , Paul Lutwa,k & Thornas Quinn Others Present : Brian Payne , Applicant ; Greg Holman ; Gary Wood , Applicant ; Jeremiah White ; V . Dragon ; bandy Marcus , Attorney - Henry dater , Zoning Officer ; Kris Strickland , Recording Secretary Agenda : 7 : 0 PM - Mayne - Area Variance 7 : 45 P - Dollar General - Off Street Parking Tracv White clarification Payne - Area Variance 0 . Kcltmen bead the public hearing notice into the record stating that Mr . Payne is requesting relief from Article 9 Section 905A `Front yard setback" . Mr . Payne is requesting permission to rebuild and extend his front porch / deck providing a front yard setback varying from 83 to 89 feet where 0 ' is required . Asked Mr . Payne if there was anything he would like to add . B , Payne Introduced Greg Holman as his representative . G . Holman Explained to the Board that what they were planning was detailed in the application documents submitted . He then asked the Board if they had any questions . 0 . Kelemen Asked the Board if they had any questions? Asked about a strip on the map and wanted to know what it was , G . Holman Stated that the house was not a perfect rectangle there was an area of the house that stuck out further than the rest and the plan is to erect the front porch / deck , which would make the house a rectangle shape . 0 . Kelemen You are correcting , - , , G . Holman Explained to the Board that instead of three separate stairways to the house there would be one With a deck all the way across the front of the house . . Keleincri Asked if there is any public comment and if any was received _ ton Scptcmb cr 5i11, 2006 Minutes Answer was no to both questions . ® Went through the findings on the hearing A . The Board chose to adopt the findings presented by the applicant as is stating, "The proposed deck will not extend further towards the road than the existing building . The existing building is a pre - existing non - conforming structure , the location of which relative to the road is typical of the neighborhood . There are a considerable number of houses in the neighborhood that are more non -conforming than my proposed project . Motion : David Sprout Second : Tom Quinn In Favor : All B . The Board chose to adopt the findings presented by the applicant as is stating " No , all three of the structures doors are where deck is proposed . The construction of this deck will allow for access to all three doors " Motion : Tom Quinn Second : David Sprout In Favor : All C . No , almost identical and pre - existing with no further encroachment on Route 13 . ® Motion : Tom Quinn Second : John Goodrow In Favor : All D . Refer to A , 3 & C Motion : David Sprout Second : Tom Quinn In Favor : All E . Yes , although the difficulty is primarily a consequence of the house pre - dating the existing setback ordinance . Motion : Tom Quinn Second : David Sprout In favor : 5 THIS VARIANCE IS AN EXEMPT ACTION UNDER SEQR SECTION 617. 5 ( c ) 12 & 13 and 239 L&M Review Motion : John Goodrow Second : Thomas Quinn In Favor : 5 DECISION: VARIANCE GRANTED , as requested , Motion : John Goodrow Second : Thomas Quinn ® In Favor : 5 ZBA September 51h , 2006 Minutes Discussion by the Board regarding back taxes being paid prior to coming before ® this board requesting a variance . It was explained to the Board that their job as a Board of Appeals is to answer with an area variance the five questions and if the answers to those five questions and if the answers to those five question supported the granting of the variance you have to grant the variance . 7 : 45 Clifford Smith / Dollar General 0 . Kelemen Read the public hearing notice into the record stating " Clifford Smith is in the process of seeking Site Plan Approval form the Dryden Town Site Plan Review Board to establish a 9 , 000 square foot facility for a proposed Dollar General retail sales at 169 North Street a site located within a MA Dryden Town Zoning District . The site plan reviews all aspects of the site use and development including off street parking . Dryden Town off street parking regulation Article 14 Section 11401 . 0 provides , commercial retail uses , shall provide 2 square feet of parking area for each one gross square foot of floor space . The proposed Dollar General facility provides 7 , 000 square feet of retail floor area . By formula 7 , 000 X 2 = ® 14 , 000 / 180 square feet per 9 ' X 20 ' parking space requires (78 ) parking spaces exclusive of driveway and maneuvering are required . The project proposes 35) . Asked H . Slater if there had been any communication from the County regarding this project . H . Slater Responded that the County had called and asked if we needed any more comment other than the initial comment from them regarding the Site Plan . Which is provided in your packet . They had no other comment . Attorney Marcus Aside from the County Planning Board not having receive the Landscape Plan and Stormwater Plan has your office received those items or the Site Plan Review Board received those items . H . Slater No Attorney Marcus Has the Town Board addressed this application in any fashion yet . H . Slater They have opened public hearing process in June 2006 and discussed it briefly in August and July and it is scheduled to be further discussed next Thursday . Attorney Marcus The public hearing remains open ? H . Slater Yes , it has been left up to the applicant as to the time it is to stay open . There have been some complications that ® have been placed upon them by Department of Transportation because they have the access to Route 13 j ZBA September 511i , 2006 Minims authority . They have gone back and forth on a couple of ® positions and actually they should have a final decision by August 31 st. and I have not seen it yet . One of the outstanding issues is this variance . The Site Plan Review Board does not have any authority to grant anything less than what the requirements of the ordinance are which is the 78 spaces . T. Quinn Asked if the public has had any comments on this variance . H . Slater Stated that relative to the parking variance there has been no comments from the public . O . Kelemen Asked if there were any other comments . G . Wood Stated that he addressed the 5 questions asked and our position is that the applicant does not require that amount of parking spaces for their operation . Therefore to construct it is more detrimental than to not have it . It is not a case with lack of parking would mean to park on a public highway or some other encroachment . O . Kelemen Stated that within the original documents it was stated that a store in Pennsylvania had 31 spaces for a similar building and that is satisfactory . G . Wood Typically , there is half a dozen cars . Discussion on the property location and the proposed parking lot , Henry stated that DOT would need to design the road cut to this property . O . Kelemen Asked if there was an other comment? V . Dragan Asked if there were going to be amenities I see they are going to put a big fence but maybe trees would be more useful long term . T . Quinn 1 do not think we can address that issue we are only dealing with the parking space variance . That question would be best directed at the Site Plan Review Board . O . Kelemen Does the Board have any questions ? R . Marcus I have a question for G . Wood . . . In the application it states the parking requirements for square foot of retail space has dropped significantly over the last 20 to 30 years as stores display their merchandise differently . I do not know what that means and I would like an explanation for that . Also , to go on "This parking request is in line with current standards . As an example , the Village of Dryden recently updated their parking regulations and would require only 31 parking spaces . " Henry is that ® true ? H . Slater Yes . 4 % BA September S(M , 2006 Minutes R . Marcus I was not clear as to the first statement . G . Wood The main issue was parking and not encroaching by using street parking and that sort of thing . We are now more concerned about run -off of the paving and that sort of thing . We are now looking for less parking and more reasonable parking . O . Kelemen How is that associated «rith display? G . Wood We are referring to big box storage , the amount of display vs . the square footage for customers . Merchants do not want to limit their parking beyond what the traffic would bear . The point is that the Dollar General has found that 25 spaces are what they need to accommodate their traffic . T. Quinn Would it be accurate for me to think that perhaps their proposing this variance partly due to the fact that this is all they have room for . G . Wood No , we could have made the subdivision larger . The consequence of that would have been a lot more stormwater retention and that thing grows on us . T. Quinn The answer would actually be yes . If you wanted to stay within the zoning you would need to buy a bigger piece of property . ® G . Wood Yes and that could have been done . T. Quinn You choose not to in order to do it this way . I am not making a judgment as to whether that is right or wrong . You need to limit the parking spaces because that is all you have room for . G . Wood My logic is the opposite in that we really only needed 30 parking spaces based upon what the Dollar General is telling us what they need and we made the subdivision around that . T . Quinn I am trying to understand so that we can make a good decision here . G . Wood A while back we counted parking spaces at the Dryden Dollar Store and Wednesday - September Pst a 9 : 00 - 4 cars ; @ 11 : 00 - 13 cars ; a 1 : 00pm - 16 cars ; @ 3 : 00 pm - 8 cars ; @ 5 : 00 pm - 7 cars ; @ 6 : 30 pm - 11 cars . Saturday - a 9 : 15 am - 5 cars ; @ 11 : 30 - 11 cars ; a 1 : 15 - 9 cars ; r@ 3 : 00 - 14 cars ; @ 4 : 30 - 12 cars and a; 5 : 30 - 11 cars . Between those numbers and 35 1 think was have ample spaces . R . Marcus How does the size of that store compare to the size of this ® store ? G . Wood I do not know that . 5 Z13A September 51k, 2006 Minutes R . Marcus I know that other municipalities have gone to other methods other than strictly square footage . Municipalities have been adding to their ordinances a provision where the applicant can get reduced parking spaces if they can establish certain facts about the business without going to the Zoning Board . O . Kelemen Any other questions? T . Quinn The traffic flow study at the Dryden Dollar Store did you happen to get one of the Dollar General Stores to have a comparable ? G . wood No , We were looking at activity here in Dryden . H . Slater Returned from looking up the square footage of the current Dryden Dollar Store which is 18 , 208 square feet . O . Kelemen You do have the option to purchase what land you would need to increase parking if necessary . G . Wood Yes . R . Marcus Henry , does the Town of Dryden have a setback requirement for parking lot coverage ? H . Slater Yes , setbacks shall be including part of the new building and other improvements be no closer than 90 ' to the centerline of the road and parking shall be no closer than 1 S ' from the property boundary . R . Marcus All I was saying was that if the Board were interested in adding condition that additional parking be added if necessary . It looks like there is room to add more parking . G . Wood That may be a little hard to do . But there is room out here (pointing to the map ) . O . Kelemen We are closing the public portion of the hearing and you can call Henry 's office tomorrow to get our decision . The Board went through the findings A . No , the proposed change will result in less area to be paved resulting in better drainage and more green space . Motion : Tom Quinn Second : John Goodrow In Favor : All B . The proposed variance will result in lower cost and impact on the land . The benefit cannot be achieved by adhering to the existing law . The board finds that the applicant has demonstrated a justification for fewer parking spaces . Motion : Tom Quinn Second : John Goodrow In Favor : All C . Yes it is . Motion : Tom Quinn Second : David Sprout In Favor : All D . The proposed variance will reduce the overall impact on the site . Motion : Tom Quinn Second : David Sprout In Favor : All 6 ZDA September 50 , 2006 Minutes E . Yes . ® Motion : Paul Lutwak Second : Tom Quinn In Favor : All This variance is NON - EXEMPT action under SEQR SECTION Motion : Tom Quinn Second : David Sprout In Favor : All Motion made by David Sprout stating as an interested agency we relinquish SEQR authority to an involved agency the Site Plan Review Board who retains overall project authority . Seconded by John Goodrow All in favor Variance GRANTED as requested . Motion : Tom Quinn Second : David Sprout In Favor : All The Board discussed having H . Slater send a recommendation to the Town Board to possibly change to zoning ordinance to reflect the issues in today 's building and size and parking lot requirements . H . Slater informed the Board that it was put into the budget to rewrite the zoning ordinance . This specific variance is addressed at least every year . H . Slater agreed to send a notice to the Board . H . Slater asked the Board for a clarification on the Tracy White variance . The question was asked that since Paul Yaman has pulled out of the project is the variance still in effect . H . Slater stated that Paul Yaman was not the applicant he was the agent for Tracy White . A question was if there were a change in the project would it be re -reviewed ? The answer to that would be yes , if there were a. change in use . R . Marcus stated that if someone were to come to the applicant and propose a. different use then there would definitely be a new hearing . It would be the use as this Board specified . This Board did not broaden the variance within the conditions of that variance . This particular use was a duel use being an office with a warehouse . If someone wanted to come in and do an office only that is a use covered . If someone came and wanted to do just a warehouse the same would be covered . The condition of this variance was that it went through the Site Plan Review ® Board . 7 zBA sepEembu 51" , 2006 Minutes The Board felt that the variance was for the property / applicant (Tracy White) . Any other type of business would or may need a variance . The variance is for the entire parcel . O . Kelemen adjourned the meeting . 8 ZBA September 5th, 2006 Minutes