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HomeMy WebLinkAbout2007-07-05 TOWN OF DRYDFN Zoning Board of Appeals July 5, 2007 Members Present: Oers Kelemen, Chair; John Goodrow; Paul Lutwak ; David Sprout, Thomas Quinn Absent: Excused . Others Present : Randy Marcus, Town ZBA Attorney; Henry Slater, Director of Zoning & Code Enforcement, Recording Secretary, .Toy Foster Applicants : Brian & Christine Wilbur, Area Variance , LyundMila Sukhinerko, Area Variance Town Residents : Tom Rishel , Irene Miller, Deborah Brotherten , Linda `Varner, Don Ordway , Joyce Stuckey & Allen Lee Meeting called to order at 7 : 30 PM . A ends : Brian & Christine Wilbur, 1335 Ellis Hollow Rd LyudMila Sukhinenko , 39 Spring Run Rd . Freeville, NY 13068 Brian & Christine Wilbur, Area Variance, 1335 Ellis [follow Rd . Chair Kelemen read the public notice , asked applicants if they had anynhing else to add? Thev didn ' t. Henry Slater added with what the applicants supplied was very sufficient Kelemen asks if there are any letters or comments? Slater: no letters only a 239 L&M from the Country because it ' s on County Highway . So you do g need to consider that. r t � 1n Kelemen reads the 239 L&M letter from the Co . and they have determined that it has no negative inter-community or Co . wide impacts . Please inform us of your decision so we can make it part � of the records, signal Edward Marx, Commissioner of Planning, Tompkins County r7 Kelemen asks any comments from anyone in the room ? Kelemen closes the public portion of the meeting at 7 : 35 Kelemen question to Wilbur ' s : You indicate that the configuration of the layout of the house does not lend itself to additional or new construction to the rear of the house . Could you explain ' that? ZBA 07-05-2007 Page 2 of 6 ® Wilbur 's: 2 reasons the water well is in the rear and the floor layout . Wouldn ' t want shop area off of the bedrooms . Paul Luhvak asks about Drainage ? Photo shows drainage sloping towards neighbor, how do you intend to fix that? Wilbur 's : they will have a perforated pipe that collects water from the rear of the whole property sloping from the rear to the front and down hill . So to reduce water there will be a perforated pipe in crushed stone that goes down the line and runs from the rear to the road out in front. My goal is to grade the transition from our property to the neighbors so that it will collect into the pipe . There will be gutters . Kelemen asks for the General Sense of the ZBM Z&V have no problems with this request . Tom Rishel neighbor of the Wilbur ' s speaks and says they are aware of their plans and they have no problems with this . And they are aware of the drainage plan . Area Variance: A . Ocrs made a motion to approve the following facts for item A of the Area Variance : 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 . There is an encroachnterrt of the side %ard requirement that the affected neighbor to the Guest has expressed no objections. Motion made —Kelemen Seconded by - Quinn All members voted in favor . The motion passed . B . Oers made a motion to approve the following for item 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 the following . No the floor plan of the hoarse and the lot configuration, well and septic would restrict the options ai�ailable to the applicants_ Motion made —Quinn Seconded by Goodrow All members voted in favor C . Oers made a motion to approve the following facts for item C of the Area Variance : In considering whether the requested area variance is substantial. The zoning board of appeals finds as follows . ZBA 07-05-2007 Page 3 of 6 Yes the property location of the proposed additions is 20-5O %. Motion made- . Lutwak Seconded by Kelemen All members in favor 1) . Oers made a motion to approve the following facts for item D of the Area Variance : In considering whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighhorhood or district. The Zoning Board of Appeals finds as follows : Randy Marcus suggests they add in the drainage condition. The applicants drainage system 1vill address the run-qjf problem. Motion made- . Lutwak Seconded -Quinn . All members in favor. E. Oers made a motion to approve the following facts for item E. of the Area Variance : In considering whether the alleged difficulty was sell'-created . The Zoning Board of Appeals finds as follows . Yes! Motion made by- Goodrow Seconded- Lutivak All members in fervor. This appeal is an Exempt action under SLQR see 6NYCR.R Part 617 Section 617 . 5 -c - . 12+. 13 Re : 239 L& M Co . claim , no comments, no inter- community or countywide impacts . Final Motion : Variance Granted with conditions : Proposed drainage work to be in fact required as a condition of the variance . Motion - Quinn Seconded- Lutwak All members in favor . Wilbur ' s leave at 7 : 55 I ZBA 07-05-2007 Page 4 of 6 LyudMila Sukhinenko 39 Spring Run Road Ms Sukhinenko purchased a 1971 approved subdivision lot acceptable then but substandard by today ' s requirements . Septic placement standards require the home to be pushed for%vard towards the road closer then the permitted 70 ' to centerline . Consideration of Article 7 section 703 . 1 front yards is requested for the 47 . 9400t front yard setback where a minimum of 70 feet is required . Being an area variance it is SLQR exempt see NYCRR 617 . 5 -c . 12 & 13 . Applicant speaks of purchasing the land in 197' 1 with permission to do septic system with no problem from the Health Dept. Applicant states the land is 60 feet rather them the estimated 47. 9 feet. ZB Question to Randy :Marcus do we proceed with the 60 feet or the 4 7. 9 feet ? Kandy says to go with the higher number then lesser or go with the requested variance and if' you grant it, grant it tip to that point. ZB decides to go with the lesser 47. 9 feet measurement, Slater points out that these lots ►were approved by subdivision in 1971 when requirements were lesser. ZB questions: a lot of discussion about the front yard setback and the layout of the septic system and how and why did the Health Dept. grant the Septic the way it .shows on plans. ZB has much cortf.tsion as to the layout of house and the Septic. Wants to know if applicant has tried other ways to put house and a different Septic System that would work and fit better with the size of the lot. ZB and applicant have much discussion as to why Health Dept. granted this Septic this way? Kelemen asks if there are any public comment or letters. There are no letters but several neighbors present to speak. A neighbor shows a report that she has put together,for other ways to put the house and a Septic. Neighbor stated she is an engineer, And she feels there is a better solution. ZB questions Slater as to why this property is unique as the other lots didn 't need zoning, why this one ? Neighbor Ordway speaks about the safety of all concerned with the backing out of drivelvoy and being so close to the traffic. Putting the house so close to the mad where the trees are, the vie►t.0 ® will be. blocked. ZDA 07-05-2007 Page 5 of b Other neighbors speak about the safely and how the house ►► ill .stand out when all the other houses are in a line. It will be so out of* character• with all the other houses, And if all the other houses have similar lots and their septic systems work why cant we find one that works fir this house , Another neighbor says ivith this house being pushed so close to the road it will block their view altogether. Worried about the value of their home ►with this home pushed out so far ? ZB is suggesting that applicant goes back to the Health Dept .for review and to make a continance for nest month. Applicant is very upset that Health Dept. has granted this septic and says !here are no other ►vat's. Slater says last permit way issued 1992. Quinn makes a motion to allow the Health Dept to review this again and come tip with a solution better to the applicant and making the neighborhood happy with a better solution. Randy is suggesting that the applicant do some footwork and see if there are better options ? .Just pointing it out. Henry Slater wants to be involved as well with helping the applicant. Rands' asks applicant if when they went to the health Dept. are they the same meaquirements ? Applicants say yes everything is the same. Randy asks applicant if the Health Dept. said that it was possible to install the septic on the shot With the house of these dimensions or did they say they could do it only if the house .shrinks a little ? Applicant states all is the same, same plans and same size of house, that 's why she is so confused cis to the problem to get this granted. Kelenmen to applicant : wants you to understand inhere they are going with this, the ZB is not saying no they would rather see you meet the zoning requireinents then there is no problem. You can insist on a decision on your application as it is, brit we are not sure what the fate ►would be ? Randy: just for the record, the zoning board has a very limited amount of decisions to make in a very narrow set of criteria. There are 5 criteria that they have to address and they don 't have any leeway to go outside of the 5 criteria. Several of the 5 criteria are dependent on the impact on neighbors and the way that the law applies to the ZB '.s decision-making process is if there are objections fi ont neighbors its ►Jery duff cult fr)r them to go ahead and grant a variance. So given the objections from the neighbors if the board proceeds with the process tonight its vety likely that they will end up with a denial of the variance and I think what the board would like to offer ZBA 07-05-2007 Page 6 of 6 is a opportunity to see if there is a way to do this with out a variance before they proceed with a decision. Thomas Quinn makes a motion that the board continues this matter to give the applicant a chance to look into an alternative septic system that will solve this solution and will satisfy everybody. Alotion — Thomas Quinn Second — John Goodrow All members in favor. Goodrow question to the audience in looking at the layout of the houses in this neighborhood they are in such straight lines 1 'rn assuming that all of the horses meet the 70 ' setback? Neighbors say they are actually 80 '. The meeting was adjourned at 81, 45 TOWN OF DRYDEN • DRYDEN, NEW YORK 65 EAST MAIN STREET, DRYDEN, NEW YORK 13053 • 607-e44-9120 In the Heart of' t{re finger Lakes Region ZONING $ BUILDING CODE ENFORCEMENT July 10 , 2007 4 - Brian & Christine Wilbur 1335 Ellis Hollow Rd . Ithaca , NY 14850 Re : Notice of Decision , Dryden Town Area Variance Requests, 095 -2007Z- 1. 335 Ellis Hollow Road , Ithaca NY 14850 Dear Mr. And Mrs . Wilbur , Please find the Notice of Decision, resulting from the variance hearings conducted by the Dryden Town Zoning Board of Appeals . Please note , this is not a building permit, neither is it an authorization to fail to conform to the requirements of any other appropriate agency having jurisdiction over your project or use . The attaached notices of decision are , Dryden Town Zoning authority to proceed with your proposal Aftonly. If the Zoning Board of Appeals, attached any conditions to this approval , such conditions are part of the Zoning Variance and shall be conformed with . Failure to conform to any condition may cause the variance to be null and void . If you should have any questions or desire further detail , please feel free to call our office as necessary at 607- 844- 9120 from 8 : 00am till 4 : 00pm Monday - Friday . Very truly yours , %to / / 'Jit) Henry M . Slater , Code Enforcement Officer Town of Dryden cc : 7_BA-07 - 07 Planning Board • TOWN OF DRYDEN • DRYDEN, NEW YORK 65 EAST MAIN STREET, DRYDEN , NEW YORK 13053 607-844-9120 In the fleas of the Finger Lakes Rt%4on ZONING & BUILDING CODE ENFORCEMENT CERTIFICATE OF ZONING COMPLIANCE ;4P This is to certify that Brian & Christine Wilbur applied for a Dryden Town Zoning Permit for a proposed construction project described on the application for Zoning Permit No . ( 095-2007Z) At 1335 Ellis Hollow Rd. Ithaca , NY 14850 , Tax Parcel # 67. . 1 = 68 . 5 as proposed has been reviewed and the same complies with all the applicable sections of the Town of Dryden Zoning Ordinance as they were in effect on the date of issue . It is issued to and on behalf of the owner of record as listed above and does not contain or imply any warranty to any third party . Furthermore , it is based on the application , which was reviewed for the purpose of Dryden Town Zoning Ordinance Compliance only . ® The holder of this certificate is hereby advised that this certificate is not a permit for construction or for occupancy . This Certificate shall remain valid for a period of one year only expiring one year after the date of issue . This Certificate is issued for the permission to construct a 16 'x40 ' private use work shop at their 1335 Ellis Hollow Rd . varying from 7 '2 " to 11 '3 " from the side property boundary where a minimum of 15 feet is required and are requesting a variance to Section 703 . 2 of the Dryden Town Ordinance to do so . The Dryden Town ZBA conducted a hearing on July 5 , 2007 , and after careful consideration approved the requested relief. This is not an OCCUPANCY PERMIT. Occupancy is obtained by meeting or exceeding the requirements of the appropriate attached INSPECTION SCHEDULE . This is an approval of submitted plans , and authorization to proceed with the construction phase of the project . DATE of ISSUE : BY : —� tng Officer ® STATE OF NEW YORK * COUNTY OF TOMPKINS TOWN OF DRYDEN In the matter of the appeal of CERTIFICATE Brian & Christine Wilbur The property located at 1335 Ellis Hollow Rd. Ithaca NY 14850 (Town of Dryden Tax Map Parcel No . 67 . - 1 - 68 . 5) I , Oers Kelemen , Chairperson of the Town 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 : Dr d n , New York 2007 O rs Kelemen NOTICE OF DECISION AREA VARIANCE APPLICANT : Brian & Christine Wilbur July 5 , 2007 A public hearing was held by the Zoning Board of Appeals at the Town of Dryden to consider the application of Brian & Christine Wilbur of 1335 Ellis Hollow Rd . Ithaca N1Y who are requesting permission to construct a 16 'X40 ' private use work shop at their 1335 Ellis Hollow Rd . varying from 7 ' 2 " to 11 ' 3 " from the side property boundary where a minimum of 15 feet is required and are requesting a variance to Section 703 . 2 of the Dryden Town Ordinance to do so . Said hearing was duly conducted by the Town of Dryden Zoning Board of Appeals on Thursday July 5'h 2007 , at 7 : 30 PM with members present : Chairperson Oers Kelemen, David Sprout, Thomas Quinn , John Goodrow, and Paul Lutwak. 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. There is an encroachment of the side yard requirement that the affected neighbor to the West has expressed no objections. 'Motion made —Kelemen Seconded by - Quinn All members voted in favor. The motion passed . W . In Considering whether the benefits sought by the applicant can he achieved by some other method , feasible for the applicant to pursue other than an area variance, the zoning board of appeals finds as the fallowing . No the floor plan of the house and the lot configuration, well and septic would restrict the options available to the applicants. Motion made —Quinn Seconded by Goodrow All members voted in favor C. In considering whether the requested area variance is substantial. The zoning board of appeals finds as follows : Yes the property location of the proposed additions is 20-50%. 'lotion made - . Lutwak Seconded by Kelemen All members in favor Notice Of Decision July 5, 2007 Brian & Christine Wilbur — 1335 Ellis Hollow Rd. Ithaca NY 14850 Page 2 of 3 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 rinds as follows : Randy ;Marcus suggests they acid in the drainage condition. The applicants drainage system will address the run-off problem . Motion made- . Lumrak Seconded -Quinn. All members in favor. E . In considering whether the alleged difficulty was self-created . The Zoning Board of Appeals finds as follows : Yes! . 11klotion made by- Goodrow Seconded-Lutwak All members in favor. This appeal is an Exempt action under SEOR sec 6NYCRR Part 617 Section 617. 5-c-. 12+. 13 Re : 239 L&M Co. claim no comments. no inter-community or countywide impacts. DECISION: Variance Granted with conditions: CONDITION I . Proposed drainage work to be to fact required as a condition of the varianea Motion -Quinn Seconded- Lutwak All members in favor. Notice Of Decision .luly 57 2007 Brian & Christine Wilbur — 1335 Ellis Hollow Rd. Ithaca NY 14850 Page 3 of 3