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HomeMy WebLinkAbout2007-08-07 TOWN OF DRYDFN Zoning Board of Appeals August 7, 2007 Members Present: Oers Kelemen, Chair, John Goodrow, David Sprout, Thomas Quinn Absent : Paul Lutwak EXcused . Others Present: Kevin Johnson (in for Randy Marcus) , Town ZBA Attorney ; Henry Slater, Director of Zoning & Code Fntorcement; Recording Secretary, Joy Foster Applicants : Barbara & Harris Dayton, Area Variance, LyundMila Sukhinenko, Area Variance , Richard R. Shippos , Area Variance Town Residents : Irene Miller, Deborah Brotherten , Don Ordway, Joyce Stuckey & Allen Lee , Polly Cator Meetinu called to order at 7 : 33 PM . Agenda , Barbara Dayton, 2 Corn Crib Rd . , Freeville, NY 13068 Richard Shippos, 1182 Dryden Rd . , Ithaca, NY 14850 OLyudMila Sukhinenko, 39 Spring Run Rd . , Freeville , NY 13068 Barbara Dayton, Area Variance, 2 Corn Crib Rd . Chair Kelemen reads the agenda : As you ' ll recall , Ms Dayton has requested amendment to a 1998 area variance which permitted construction of a 24 ' X 24 ' detached garage to now include a 32 ' X 32 ' foot attached garage causing further encroachment on the rear yard as well as the front yard. Being within 500 ' of a municipal boundary, Village of Freeville , a 239 L&M review was required . Attached is a copy of the County Planning Department review and recommendation . You ' ll note, the project does not provide any significant intercommunity negative impact. The 239 Review does offer ( 1 ) recommendation , which requires Health Department Approval of and site location of the necessary septic system prior to variance consideration. I do understand the recommendation as Septic placement needs could have an impact on the placement / size of an additional building . The lot configuration and size will influence placement of each . I have made contact with County Health Department learning that there currently is not a valid septic permit in place but there is an effort to obtain a permit. The Health Department concurs with the 239 L&M advice , as the septic permit will influence the placement of additional buildings . � cD Oers - asks Ms Dayton if she has a valid septic system permit? J Q� J ZBA 08-07-2007 Page 2 of 7 Ms Dayton - says no but we had a visit from them today, from John Ewald and he said that he has to take it to his boss because it needs a wavier for the setback on the road, but a replacement system will fit. As long as we don ' t ever put on an addition on the house . Oers - do you have any documentation to that Dayton- no they didn ' t give us anything. Henry Slater- until a wavier is granted they don ' t give anything . Henry —, this is a very old home which has been there since 1900 Henry- referring to his July 5 correspondences explained that there will be an additional difference of 24 —32 feet along the frontage of the encroachment hom what there was with the original granting of 1998 and that the rear of the lot line encroachment increases sufficiently. A difference of 19 feet down to 11 before it was only 6 feet so now it an additional 8 feet so at 14 feet of rear yard encroachment. It is certainly sufficient enough to go beyond the original granting variance was for and since the board of appeals granted that the zoning and building of appeals could amend it. Attorney .Johnson - suggests that ZB could approve application with contingency or adjourn it till al the requirements are met and the requirement seems to be that there be a permit with the septic and the concern is that the permit may change with what is actually presented to the board. So an adjournment is in order. Quinn - moves that we continue this until they give us recommendations from the Health Dept. as to the solution for the septic . 2 "d —Goodrow All in favor. Richard Shippos, Area Variance, 1182 Dryden Rd . 7 :45 Oers reads public notice . PLEASE TAKE NOTICE that the Zoning Board of Appeals of the '`own of Dryden will hold a Public Hearing to consider the application of Richard Shippos for an Area Variance, to construct an enclosed front porch attaching to his 1182 Dryden Road residence and is appealing Dryden Town Zoning Ordinance Section 905 . 1 to do so. SAID HEARING will be held on Tuesday August 7'" , 2007 , at 7 : 45 PM prevailing time at the Dryden Town Hall , 65 East Main St. Dryden NY, at which time all interested persons will be given an opportunity to be heard . Persons may appear in person or by agent. Individuals with visual , hearing or manual impairments and requiring assistance should contact ® the Town of Dryden at 844-9120 or 844-8619 at least 48 hours prior to the tune of the public hearing . ZBA 08-07-2007 Page 3 of 7 Oers - asks Mr. Shippos, your house appears to be closer to the road then the other houses? Henry answers , that most of the homes were built in the late -50 ' s early 60 ' s when there were not any zoning issues in place . You also have to look at that the typical set-back is 70 feet except along a State Highway where its 90 ' so this one has the additional 20 feet of separation that typical is required by a Town & County Road. And if you look at the pictures you %qll see the very mature vegetation in the area speaks for the situation . Oers if there are any questions? NO I4enry -shows the 7BA a map of the neighborhood . Out of 11 homes 7 are of similar setback and on the other side of the road the situation is the same . Goodrow - asks , how close is the tree to the house now? Shippos - replies tree is 40 feet from the center of the road . Oers - reads letter from the Dept. of Planning. Review Pursuant to 239 L & M of the NYS General Municipal Law. Area Variance for Richard Shippos . This letter acknowledges your referral of the proposal identified above for review and comment by the Tomp. Co . Planning Dept . pursuant to 239 L & M of the NYS General Municipal Law. The Dept has reviewed the proposal , as submitted, and has determined that it has no negative intercommunity or countywide impacts . Henry - states there has been no written letter or concerns expressed about this project. 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 . It appears no undesirable changes with supplement open that no undesirable change would be produced nor will there be nay judgment caused by nearby neighbor 's properties. This conclusion based on other houses being as cols to the road as well as mature trees being closer to the road then the proposed addition. Motion made — John Goodrow Seconded by - Tom Quinn All members voted in favor. 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. Ao other reasonable location is possible. Back of house contains the driveway. Motion made —Oers Kelemen Seconded by David Sprout All members voted in favor ZBA 08-07-2007 Page 4of7 C. In considering whether the requested area variance is substantial. The zoning board of appeals finds as follows . The variance is substantial heing 20% closer to the road by proposed placement of the stricture being consistent with nearby properties. Motion made-. Oers Kelemen Seconded by Tom Quinn All members in favor 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 : It will not have an adverse effect or impact on the physical environment conditions in the neighborhood there were no negative comments from the neighbors and the enclosed porch will enhance the property. Motion made- . David Sprout Seconded- Tom Quinn All members in favor. F . In considering whether the alleged difficulty was self-created. 'rhe Zoning Board of Appeals finds as follows : Yes! It was self-created. Motion made by- Tom Quinn Seconded4ohn Goodrow All members in favor. This appeal is an Exempt action under SEOR see 6NYC.RR 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 Motion —Torn Quinn Seconded-David Sprout All members in favor. All members voted in favor Uotion made by- Goodrow Seconded-Lutwak .411 members in favor. ® Shi os leaves at 8 : 1 pp 5 ZBA 08-07-2007 Page 5 of 7 ZBA takes a 15 -minute break LvudMila Sukhinenko 39 Spring Run Road As you ' ll recall , the original July 5th 39 Spring Run Road, a front yard setback approval was continued to August to provide an opportunity for conformance options which could relieve the need for a variance could be explored. As instructed, I 've discussed the septic issues with Health Department. It has been suggested relocation of the driveway to the South side of the property, could eliminate the need for a variance . Other options have also been suggested and should be available at or before the hearing . From Ms Sukhinenko, I received no additional information ! 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 forward towards the road closer then the permitted 70 ' to centerline . Consideration of Article 7 section 703 . 1 'rTont yards is requested for the 47 . 94" oot front yard setback where a minimum of 70 feet is required . Being an area variance it is SEQR exempt see NYCRR 617 . 5 -c. 12& 13 . PLEASE 'I:AKE NOTICE that the Zoning Board of Appeals of the Town of Dryden will continue a Public Hearing to consider the application of Lyunmila Sukhininko , for an Area Variance , to construct a single- family home at 39 Spring Run Road and is appealing Dryden Town Zoning Ordinance Section 703 . 1 to do so . SAID HEARINTC will be held on Tuesday September 4th, 2007 , at 8 : 15 PM prevailing time at the Dryden Town Hall, 65 East Main St. Dryden NY, at which time all interested persons will be given an opportunity to be heard . Persons may appear in person or by agent. Individuals with visual, hearing or manual impairments and requiring assistance should contact the Town of Dryden at 844- 9120 or 844- 8619 at least 48 hours prior to the time of the public hearing . ,Vic Suknininko - she talked to the Health Dept. and she still needs 10 feet. She says the Health Dept. gave her other options , like build a smaller house , move driveway to South side instead of North side, or build a 2 -bedroom house in place of 3 . ZBA - asks Ms Suknininko where do you stand with your application now, what are you ® applying for? Suknininko - for 10 feet, with 60 feet on centerline . l ZBA 08-07-2007 Page 6 of 7 ZBA - Have you submitted a revised application ? Sunknininko- NO ZBA - that ' s what we need to have . Henry - to ZBA you need to determine how Ms Sunknininko arrived at this information . ZBA - asks if Ms Sunknininko has any new documents or drawings from the Health Dept. stating the info . she just spoke about. ZBA - explains to Ms Sunknininko that the "ZBA cannot act on "we told you " we need documentation so that we know that a permit can and has been issued for the septic approval on that property, so that way we know for sure what we are dealing with . Attorney Johnson - without documentation ZBA cannot make a decision . Henry - says the Health Dept. has a re -design, and he has talked to the Health Dept . and his understanding is different from what Ms Sunknuiinko ' s understanding is . This is why new documentation is needed, to help all understand and come to the same conclusion . ZBA - explains to Ms Sunknininko again that without new documentations they cannot make a p g } decision . We need written documentation from the Health Dept. in order to help you. We need facts in order to help you. Attorney Johnson - Speaks on the confusion between Ms Suknininko and Henry and the ZBA , with the Health Dept. 1 would suggest to Ms Suknininko to ask the ZBA for a continuance so she could come back with the new correct documentation that she needs . If a vote is forced tonight on the original application with out any new documentation it may be denied . And a modified site plan , the ZBA cannot vote on a site plan that is not before them . Oers -asks Ms Suknininko if she wants to continue with this for another month? Bring a concrete plan with written documentation; you may even want to bring your lawyer to help you with the language barrier. Tom Quinn - makes a motion to continue 1 more month . 2"d by John Coodrow All in favor Meeting adjourned 8 : 35