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HomeMy WebLinkAbout2007-09-04 TOWN OF DRYDEN ' u Zoning Board of Appeals September 4`f' , 2007 ` 0 -� Members Present: Oers Kelernen , Chair, John Goodrow, David Sprout, Thomas Quinn )000 Absent : Paul Lutwak Excused . Others Present : Randy Marcus , Town ZBA Attorney; Henry Slater, Director of Zoning & Code Enforcement ; Recording Secretary, Joy foster Applicants : Michael Parker, Area Variance , L,yundNlila Sukhinenko, Area Variance , Douglas Cavney , Area Variance, Jim Hobart-Finger Lakes Stone Co . Use Variance Town Residents * Irene :Miller, Deborah Brotherten, Don Ordway , Joyce Stuckey & Allen Lee, Jason Setter, Tim Setter, Tsai Mei Oulee, Kathleen Ludders , John Ludders , Donald L . Bartel , .l . Lennon, David Astrof. Buzz Dolple , Zorika 1-lenderson, Brian & Chris Wilbur, Robert & Karne Buhrman , Norman Vrana , Lily Chi , Adrian LeNvis , Donald Hartman, Meeting called to order tit 7 : 35 PM . A enda , Michael Parker, 8 l 1 Midline Road, Douglas Cavney , 378 "Thomas Road Finger Lakes Stone , 33 Quarry Road LyudMila Sukhinenko , 39 Spring Run Rd . , Hreeville, NY 13068 i\•'lichacl Parker, Area Variance 81. 1 Midline Rd , Chair Kelemen : reads the appeal, Mr. Parker is appealing Article 8 section 804. 1 , "1+ront Yard S'eibock in order to construct and attach a 12 foot wide exterior roofed porch around his entire 811 A4idline Road home, I he home with porch completed will be 61 . 5 feet where 70 feet is required. This appeal is exempt from both SEQR & 239 L & M Review. See SEQR Section 617. 5 (c) . 12 + . 13 also see General .i -unicipal Lmv 239 L&MM 3- (b) 1 - 6. None are applicable. Mr. Parker oddv the reason he is doing this is because the front porch the ►vcrt, the hoarse is designed, part of it is inset into the house and the deck is rotten and needs to be removed. The setback fr•on-i the road is already less then that with the stairs that came down from it, the deck itsel f ivill not be any closer to the road then the current stairs. Oers asks if any other parties have interest or comment ? r ZBA 1)9w64-2007 Page 2 of ] 7 Attorney Marcus - ,just ace b6 CluOr, the new deck wIIt not be (inv closer to the road then the oId Vru 0 ure with stairs the neiv deck is actually wouldyoul say wider or longer across the front of' the h4e) II O Pa r1; er- Since I 'm redoing to er7hance the area I ivant to do a wi up around new deck around the hume- !Ma rcus - so 1 see .from the dranljings that yore submitted it does go the entire way around the W hoie house and the old deck wars jusi at the front entrance waFft'') Paimkcr- the old deck was 14 ' long across the front. It needs replacing and I wani to also enhonce the Took of the front area. ocrs, any questions ? Oers- if? ZR general je�jhng? ZB = asks that ihrs Isn 't going to creawr any further encroachment? Parker—no Z13 = no porrlon of the ne w deck iv ill be any clomr then what the oId one was ? Parktr- the a"y deck M911 actually be closer rhea the cold portion of the deck +fyou were nol coun ling the stairway that went down and around to the front- ! you i-vere cou Wing the stoirway that wi{ ni down and arow7dthe front the oId strrr`rav(Zy iiltTe closer to the road then the naw &i ck. Marcus - notes thai the oldLyfrucfure ivas pre-existing non -Con/orming? Henri - the house was built in 1902 or 1963, ZB - ivhai we a) le ileally lcokinr at is an exiensron of about the some or a Tittle bit Tess o evasion 2 ]•Genre- no c,Oneerned neighbors or any wafter ) Pespoims. Ocrs moves to close for public conyn7enr ar7d Z.B will discuss- A , IN CONSIDERINGr WHETHER AN UNDESIRABLE CHANGE WOULD HE PRODUCED IIY 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 : Z•BA 09-04-2007 Page 3 of 17 It appears the proposed deck will not extend towards the road any f arther than the existing clock. The structure is typical of the neighborhood, and other non-conforming structures in the area. Nalotion made by : John Goodrow Second : Torn Quinn All 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 FOLLOWS : - The existing fleck is the access to the front door. The existing deck is rotten and unsafe, needs replacing, and would improve the appearance of structure and allow access back to front or house . \Motion made by : Tom Quinn Second : David Sprout All in favor Co IN CONSIDERING WHETHER THE REQUESTED AREA VARIANCE IS SUBSTANTIAL . THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS : 1'he closest portion of Deck would be 62 'from the centerline of tl1lidline Rd that is only 8 ' less than the required 70 '. The difference is riot substantial and no different than previous measure. Motion made by : Tom Quinn Second : David Sprout All 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 . The proposed deck has no adverse effect on the physical or environmental conditions in the neighborhood or district. Motion made by : Tom Quinn Second : David Sprout All in favor 0 ZBA 09-04-2007 Page 4of17 E . IN CONSIDERING WHETHER THE ALLEGED DIFFICULTY WAS SELF-CREATED , THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS . Yes was a self creates! situation. The d fficulty is the consequence of the design of the ® house, the front door is not on ground level, it is I story up and the only access is•from a deck and stair, which is currently unsafe. The setbackfi•om .Midline Rd, is pre-existing. Motion made by : Tom Quinn Second : John Goodrow All in favor THIS VARIANCE IS AN EXEMPT/ NON-EXEMP-T ACTION UNDER SEQR SECTION see 6NYCRR Part 617 Section 617 . 5 - c - . 12 + . 13 This appeal is 239 L&M exempt see NYS General Municipal Law 239M - 3 -b ( 1 - 6 ) Motion to grant variance : David Sprout Second : Tom Quinn All in favor variance granted Par)cer done and leaves at 7: 50 PM Oers next -up is Douglas Cavney 7 * 45 PM Douglas Cavney , 378 Thomas Road NIr. Cavney is appealing Article 7 Section 703. 1 , Front Yard Setbackfor an existing car port built in error at 45. 5 feet from the center of Thomas Road where 70 ' is required, Mr. Cavney while in the process of selling his horse discovered the error and asks relief. For reference, attached is a copy of an area Parlance that was granted Nov. 5th, 1997 for a detached garage. See Exhibit # (1) . The garage is closer to Thomas Road then the carport. As with the Parker appeal, this is both SEQR cl 239 exempt. Oers -ask .Mr, Cavney if he has anything to add. Nlr . Cavnev -no Oers- arry public conarrlents. 0 Henry- No 0 ZBA 09-04-2007 Page 5 of 17 Quinn - to be clear in order to sell you need a Variance for the carport? Oers - any continents front the room ? ® Oers - closes the public portion oj' the meeting to discuss with each other, Closed at 7: 54 for Z13A discussion_ Z13 - general feelings. Lets grant this and let the man sell his house; it 's a done deal, 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 : Because of the steepness of the terrain, structures in the vicinity of 378 Thornas Road with a ,set back less than 73 feet are common. As a result, this proposed structure would not change the character oj' the. neighborhood Examples of Neighbors i >> ith close structures to the road: 1 . 350 "Thomas Road 6 . 469 Thomas Road 11 . 436 "Thomas Road 2 . 311 Thomas Road 7 . 488 Thomas Road 3 . 250 Thomas Road 8 . 478 Thomas Road 4 , 378 Thomas Road 9 . 1707 Thomas Road 5 . 136 Thomas Road 10 . 409 Thomas Road Also be noted that structure has been tip and in place for over 12 years, and is further back then the garage that was granted a Variance in 1997. Motion made by : Tom Quinn Second : David Sprout All 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 FOLLOWS : Because of limited construction sites at this property, 1 believe this site is the only one practical. In order to place this carport in another location, there would need to be a large amount of excavation and cost. The only practical alterative would be to remove it and there have been no neighborhood objection for over 10 years. Motion made by : Tom Quinn Second : David Sprout ® All in favor ZBA 09-04-2007 Page 6 of 17 Co IN CONSIDERING WHETHER THE REQUESTED AREA VARIANCE IS SUBSTANTIAL. THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS : See A & B Motion made by : David Sprout Second : John Goodrow All 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 : ;,See A & B Motion made by : David Sprout Second : John Goodrow All in favor E . IN CONSIDERING WHETHER THE ALLEGED DIFFICULTY WAS SELF-CREATED . THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS: Yes it is. ® Motion made by : Tom Quinn Second : John Goodrow All in favor THIS VARIANCE IS AN EXEMPT / NAN-EXEMPT ACTION UNDER SEQR SECTION see 6NYCRR Part 617 Section 617 . 5 -c- . 12 + . 13 This appeal is 239 L &M exempt see NYS General Municipal Law 239M -3 -b ( 1 -61 Motion to grant variance : David Sprout Second : John Goodrow All in favor variance granted C`. avney clone find leaves at 8 : 03 PM O ZBA 09-04-2007 Page 7 of 17 ® 8 * 00 PM , Finger Lakes Stone, 33 Quarry Road . Oers reads, "bile Finger Lakes Stone Company requests use variance authority to construct a 40 ' X 50 ' (2000 sq . feet) building to house a rock saw. Finger Lakes Stone does not provide substantial detail but I believe this saw will eventually replace an existing sawn. Finger Lakes Stone has existed as a Quarry business since prior to 1900 and is well know For its supply of blue stone , much of which was used in the construction of many buildings at Cornell University . in 1995 , Finger Lakes Stone applied for and was granted authority to begin quarrying on a new section (See attached Notice of Decision) expanding the operation . Finger Lakes Stone is located within a KB Zoning district . RB Zones do not permit quarrying . However, Finger Lakes Stone predates the current district, 1988 , regulations . See Article 17, ® ( Pre Existing Non-Conforming Use) . To expand the saw operation and construct a building to house it, it would appear under the provisions of Article 17 Section 701 paragraph (2) ; such expansion is subject to a variance granted by the ZBA . All other requirements are found to be in conformance . Being a use variance , it is subject to both SEQR and 239 L& NI Review, if you determine any potential negative impact, a long form SE:.QR will become necessary prior to any granting consideration . Included is a short form part 1 for initial review. Applicant-Jim Holbart- Oiw-ier of Finger Lakes, what we ivant to do is we are based with our existing IOfool saw, is aged its not capably of holding the tolerances of today 's market. So we are left with options, do we dump a bunch of money into that sa %v to bring it up to Spec ? Other options are to come up l+-lilh a ►hire smv ? Its very efficient and quiet, it will take a larger rock that will make less hauling, fewer trucks and less gas .for us. The current stm will be taken out of service at night time totally and we are entertaining selling it and taking it off the property or just using it like once a dad-. Oers : Any canments from those here David Ostroph gives ZB members a page of 5 requests i request that the zoning hoard of Appeals ensures that the Finger Lakes Stone Quarry includes ® the required documentat)� evidence proving financial hardship in support of its application which, as of last ii� eek,, was not included in their application that when 1 came to the Town Hall, ZBA 09-04-2007 Page 8 of 17 Further, given that the granting qf a variance requires the board to determine that the essential character of the neighborhood not be changed, 1 ask that the board request additional information from the quarry in support of its application. ® There are two kinds of quarry-related truck tr(4ftc occurring on Quarry Rd: 1) trucks bringing fill to reclaim a .s•ection of an old quarry owned by Buzz Dolple not part of the Finger Lakes ,Stone Co and 2) trucks importing stone and taking mvay stone fronn the quarry. The neighbors experience is that the importing of stone has resulted in a dramatic increase in truck traffic since the last variance ivas granted in 1995 when 111r. 1lolbart took over the quari)tl. The quarry owner denies this, 1 request that the board askfor the following documentary evidence : 1 ) Accounting or other verifiable records that show the amount of stone imported for the _years 1993 and 2006 . 2 ) Accounting or other verifiable records for the same periods of time that showing the truck traffic to and from the quarry . Otherwise its just neighbors impressions In Addition, given the effect that an expanded change in production would have on the peace or lack thereof within the surrounding residential community , it would be useful for the board to request information on : 3 ) How many stone cuttings saws the quarry currently owns , and if they are all housed in the current building (if it has only one saw, the addition of a second saw automatically doubles the stone cutting capacity . ) 4) How many stone cutting saws the proposed 40 X 50 foot building could potentially house 5 ) Why the former quarry owner (if he is present tonight) never approached the Zoning Board of Appeals with in 1994 with a request for a change in hours of operation to 24 hours a day , which is currently what the operation of Finger Lakes Stone Co . is doing . ® Audience- Question to Mr. Holbart, how ntrich water will the samv use gallon per minute, will you use recycled or well ? Nlr. Holbart answers- we have a recirculation system the existing saw uses approx. 30- 45 gallons a minute the water saw will use 10- 15 gallons per min. Audience- do you get the water fi-orrl a we11? Nlr . 1•iolbart- we recirculation our own ivater, any water that needs to get replenished goes through a filter system, water front the saws goes thru a series of ponds and comes back to the shop. This actually requires 25-30 gallons of ivater per min less than the current smv. OerN to audience please keep the discussion to the board then applicant tivill have a chance to answer. Buzz Dolple- My family and myself have owned the quarry since 19501 sold to Mr. Holbart in 2000, 1 have been before the ZBA rrlany times, tonight I 'm here cis a resident I probable live ® closer to the Quarry then anyone, and knoiving the quarry business as I do since ] have ran it for ® 30 years, I think what Air. Holbart is asking is a net gain, its my understanding that they are ZBA 09-04-2007 page 9or17 going to phase out the old samw and replace it with a saw that I know is quieter, in a building that is better insulated and will contain the noise. In response to the truck trcjfic and presenting things to the board, there are town records where 1-lolbar•t and I have come to the front dealing with the issues of importing stone dealing with the hours of operation issues of' truck traffic, all ® taking place several years ago. A"othing that I can see is happening at Finger Lakes Stone other then technologic changes in production. Nothing has really changed, they fabricate, they quarry, they fabricate, they sell stone. I know for a fact that my father ran the iwire saw 24 hours a day, I can name the night shift crew, it happened. Also Finger Lakes Stone has all necessary permits. The property across the street is being reclaimed there are trucks there is an end in sight they will be reclaimed. Most of the truck iraffic that is coming up and down Quarry road is because of that. 1 have zero interest invested in Finger lakes Stone; I 'm a customer that 's it. I have a B & 8 across the street and I 'm concerned with the noise. I believe this is a positive step forward in approving this request to change from o.ndated noisy saw to a new modern quieter saw. David Ostroph ; l have been a resident since. the 1960 's and the mill has not rain 24 hrs. 4Ve have never had a complaint as to stone canting into the night until :1lr . Holbart took over the mill. I world ask you to look at the 6 point (Ostroph gave a copy to ZBA members of Key Consideration regarding the FLS application) Point #6 says If the owner were interested solely in adding a replacement saw, the new saw could be installed in the existing building by renovating the structure, including adding heavier insulation so that the power sows would not be heard by residents throughout the night, The proposed new building., measuring 40 feet by 50 .feet, could presumably hold additional stone cutting sawws and thereby allow firrther expansion of the quarry. Arad there would be no need for o variance at all. If it were really a replacement saw and no decision would need to be made, if we have 2 saws going 1 presume it ~will double the capacity. It will increase the traffic, and 1 have ® spoken to 15 of our neighbors and there is a concern, ive are not saying we opposed to the variance we come here to listen to the quarry arid hear what they have to say, but we are certainly concerned, with the increase in traffic importing stone. I 'm 15 feet from the road and 1 cant be on the phone because of' the noise and neighbor .A1r. Vrana lived on Ellis Hollow Rd. since 1951 and he cant have his windows open. 1 don 't think a variance would be required if the new.. saw would be going to the existing building and the old saw being retired, Henry - That is trace if FLS were replacing (in old saw with a new sa►v. Since its not simply replacing it, by our definition it 's an expansion it may be a temporary expansion but until the old saiv is removed there. is 2 saws. Holbart - 41 hours of operation, I will submit payroll records showing when workers start, the earliest 2 or 3 guys start at 5: 30 AM the rest come in at 6: 30 or 7: 00 AM,, the saws runs at night for o portion of the night there are 2 of them, one being the noisy one that I want to replace. I Will show all hauling slips that show the number of* trucks, clay week or year iwhatever. Records prior to 20001 don 't have access to them we bought company in ,\'ov. of 2000 not 1994. You are correct that we do not need o permit, the old wire saw that 1 want to replace I could part outside in yard and run with no building around. Of course the reason to place saw in building is for the weather and to deaden the noise. When the new building is done I would say you probably wont ZBA 09-04-2007 Page 10 of 17 be able to hear the saw run, As for putting new saw in existing building it simply wont fit, it would take so much to make older building frl the new sa ►v that it wouldn 't make sense financially. This wire saw has never been used.for Bluestone, so we want to keep the other saw till ive work the kinks and bugs out, again we can just part it outside with no building and it will ® be noise Hours of operations there are not people there 24- 7 there are not trucks unloading at 4 : 00 AM I ~would offer a 55, 000 reward to someone with a video camera to record this happening as if this is happening, then someone is .stealing and 1 want to know this. Prior to 20001 can 't comment, as• I didn 't own the company. Trucks are not conning till 6: 30 because no one is there to unload it. Trucks are not coming in the middle of the night. lion Hartman -1 'm on the west side of the road and I 'm very privy to what 's going on. There are 2 things that need to be addressed. Since Finger Lakes started there have been 2 big changes, first the business has changed the ~way it does business, All of the granting of these variances have changed they were given when it iwas a ruining company now its an importing company not a mining company it takes stone from other places and brings it in. The second thing that has changed is the neighborhood, when 1 bought my home in 1997, 1 talked with Xfr. Dolple about the business and the process and what ivas going to happen said it would take a couple of years Dun IIartinan -this is important information because if the business has changed and you gave variances to this business for a mining aspect and its no longer a ruining business then you have to re -look at this business and when the neighborhood is changing its your responsibility to look our for the people tiuho build houses there , I disagree with Mr. Holbarl that nothing is being done at FL,S at 41, 00 A:114 iwhere just recently I ►vas awaken by the backing noises of trucks into the Quarry. The noise lasted about 45 min. This happens all day long and no ►v that I 'm retired I hoot, this all day and into the night. So its not .something that happens once in a while. Also all you have to do is drive down the road after a rain and you .slide down the road because of maid. M`r. Dolple use to have brush of some kind and they would clean off the road, now we never• .see that. I don 't believe the neighborhood is well served by the aniount of truck tralfrc. Audience-1vhy cant the new sawfilt into the old building, isn 't the scan smaller? ftolbart- no it 's just a whole dijferent configuration. Quinn - 6f'hat is the financial expediency- oj' obtaining this new saw is this going to be a major- change in your business ? JeVhat 's driving you to buy this new saw ? Holbart- The existing saw is ageing and isn 't capable of holding the tolerance of, our industry has changed a lot, with. To bring the old saw rip to speed would be an expensive process and would still be noisy. .Just not worth it. The newer saw, is netiv, quieter and asses less electrich); less water, produces the product with less of a curve. Less waste, larger pieces con be pint into it less set tip time less cost al I around. The investment to work on the old saw would be about 40- 01housand where the neiw saw is $ 140, 000 new. It 's just more efficient and quieter, John Lennon - has o couple of concerns. Yfrhere 1 would appreciate a quieter saw if this is the great, one concern is that a more c�rcient saw will mean more business causing more truck traffic. Another concern is our ►yell water is extremely silted, the gunk is the same color of the ZBA 09-04e,2007 Page I of 17 stone and we have to filter it. 1 fear that more business will metal more silt. Finally the reasons that FLS cannot fit the new saw, into the old building have been that it would look goofy and it would cost a lot to 171 it. These don 't sound to me to be pressing concerns. !-ire could do this without variances it may cost a little bit more money but it would mean a great deal to the residents in the. neighborhood. Ij' they could find a way to fix. tip the old building and to swap out SOWS, Don Bartel-I would encourage the board to request detailed documents that were requested in the beginning of the hearing. Since there are very little in forms of documentation in terms of where the building will be sited the comparative economics. Also my concerns are for the increased changes in the neighborhood Tsui Nlei Oulee- My concern is that the replacement will be a lot nicer then the addition we have no control over the addition, but this will make a lot bigger operation. Adrian Lewis - I support some of the concerns that have been raised, like traffic, noise and concern over the quality of the ivater. The principal concern is that its hard not to see this application for a variance as an expansion of business and it may be a temporary expansion but it is hard to take that on trust and it very hard to see how the boated could go back on that and enforce the fact that it is a temporary expansion. I understand what Finger Lakes is saying and it would be great to have a quieter .saw, but we just don '! want to see the expansion. ® Buzz Dolple- Question to Attorney Marcus- Finger Lakes Stone is Grandfathered, Explain to me what that means, does it mean, 1 know, it means that the business can continue, doe.s that rnean that the business has to be frozen in time ? Thai the business can no longer look into anything or as long as it is performing its functions that it has historically done mean that they cannot look into anything different cannot grow, can no longer hire new employee cannot change the method ® In ivhich it does its business ? Attorney Marcus- you are right that the Grow fathering allows the business to operate within the property in the way that it has always operated. This is why a variance is needed here, is that the construction of a new building on the site is considered to be itself an expansion of the business. That 's what NY State law would view* the addition of a building to any existing bossiness. So in the case that a business operated either by being Grandfather as this one does or under an existing use variance which to some extend this one does the .State law says that any expansion requires a new, variance , because this involves a new building which ilself is considered an expansion you trigger the requiretnent for a new variance and it is a tise variance because the business is either Grarndjalher or under an existing use variance, in other words, I just meant to make it clear its not an Area variance its because the concept of an addition to the building is an expansion to the business. Whot wvas said earlier, if it was simply the purchase ofa piece of equipment I don 't think that would be considered an expansion of the business ? So its really the creation of a new, structure that trigger the need for the use variance , the State law again and 1 know, you have been through the process, requires that for the Booted to grant the use variance the board has to have in it hands what the law calls confident financial information. Something which mostly is in writing that establishes why this expansion is necessary for the business to keep going or growingr, there is nothing in the law that says the business can grow, in 0 ZBA OM4-2007 Page 12 of 17 ahe .wnse of expanding the law says that the business can do what it creeds to do to continue to be a profitable business, no ( meaning it can hire new people or to make more money or to produce more product but to maintain the level of e ploy eW, level of profit level o production like it has. So its sirnplyx a matter of on existing ,saw in existing building that 's no longer productive or, that cannot be used for the type of.slone being used, no longer able to produce the right tolerance fof- curs, I think that all}irks in the category that a use variance addresses that to Lffntain the business to operate you need something better, more high-tech, newer, maybe it has it advantages to being a lower cost, I think the applicant needs io submit some finical data to back rip what 's been -said- [t 's not a question of being able to expand the b us] ness. I don 11 gei the iraaipr-es,sion of what the applicant has put in writing is chat the applicant wants to expand the business, what 1 bear is the intent to maintain the business, Hcnry- agrees with what Attorney Marcus explained a Use Variance and an Aqea VarzGnCe is- 1 had a di.seu s .Oon i-vUh Mr, Holbart , that of he ,simply replaces the .saw in the existing building he h, not here before onybody, if he bought another sow and were to rase it like another piece of equipment and didn 't creed a bu dingfor it just put it outside, he is not here either. The questions Lange the building ofa new buildin - B u7z- Comm en .s what has been said hef-e todoy, I bought that old sa)Vr so .I knotty that its: outdated and Finger sakes need a new saw, In terms o pulling it in the building if way built in 1968 w 1th I7 ford ceiling at the peak and the new saw is higher their 17 feel and so to retrofit a sleeI frame building to fil is a much more d2 ficuIt project and funs of, money. T. Qu inn - this is a request for a rase variance Me zoning that exists up there crow does not Lriioij, cr Td J:Jrry to exist provio-usly the quewry was granted a use variance to be cr quarry. They n(r w are requesting o frorther variance to conlinu6 to quarry and fo construct a new btar'lding On the same ,site_ fhe i.S.s'ue before us is doesn 't have rrrtrch io do with, new saws, or 1rafflc, or amounts o stone, or tolerances, if mostly about is it necessary, is it a hardship that cant he avoided, to conslrrov( this building caned can yo-u prove this to us- As a boa€ d of appeals vve are limited to SvhLa wcj can do, the question is fairly clear, as much as we Lire concerned and interesied with ivhcrt everybody has to say, sand we try very bard lc) be sensitive to the needs of Me neighborhoodf We treed io address what the real g vest hon is. We need rnore ,facts as fo why this is necessary, r nc7 rn5- about trucks cond qualify ref vicfr• which are imporiant io ?.0 its chin s we can nol get involved in, its up to other boards. Lady in itudicncc-who do we (Like our qucrsttons and coneerns to, because the Quarry really has changed in character. Attorney Marcus - Finger Lakes , lone needs fo sub rnitfiniccai cdco to the board and Aow wiry. it 's necessaryL Again fake in mind what 1 have already said crboui the Use Yor-iance and an AreLa Variance, Whai the board has to find out i,s rf this is a mailer of' making a change than -will enable the business in continue the way if now operates, or is it on a decline and that 's why it needs better or wore modern equipment or is this a reyuosl for a current expansion of tfre business beyond Me level which is now operates- In either case the hoard can only make its deci'sion based on a very limbed .scope of' informal ion, which had ro be flnicaL Board is limited to the words of the YNTS lcrws- ZBA D9-04 -21107 Page 13 of 1. 7 l The first quoslion for a Uw Variance is this- The applicant cannot realize a reasonable return provided that dock of return is sub.stannal oa- deFnonstrared by competent.financial evi ence11 in other worms the regare.sied charge has to be shown su be necessary to continue to produce the same return the bur iness has been producing or more and that the boardjusi doesn 't have Mar inforonalion, From ) vhar 1 have seen you Z13 does not have enough info. to make a decision. Tom Bi� rtell- Can the board ask,for more injb, about the character of' tire b-r� ilding `� Attorikey M arcus- yes the board shouldger more info , on the character of' the building becaum IN other question iS — I 'he realu"wed use variance if granted, wild not alter the e.5-senliad cho rave 11 of!h6 neighborhood. Torrr Bartel l - can the board regvest documenlations ,ycrying that this will be a replacement for the exisling saw saying that it wid1 he an improvement. Attorney M a rcus - Board i-v ill be able to say when older smv should be taken orrt oj' b-asiness. Attorney Mareus - ,rpeaks on the vMotions that the neighbors have brought rip and how they need to be crddressed, They ,vill have fo go fo the Town Board. Zonin Board has no say in these violations. Adrian Lewis - }Helpful to hear, •cam the Board, b-ur its .so ha) ld for rite to -understand how bandit?, F a new building crradparrling in a MW sow doe.yn 'i constitute an expanLsian, ,Ttohn oodrow� one of the guesiioar e have io address is: + ,)hesher granting this variance iv ill alter the character of the neighborhood, Reploce eni vs. experosion. Adrian Lewis - Couldyau interpret b�4liding a new building andpulting a new Saw in it riot being an expansion ? , Io1in Guod row = Write other brrilcding and smi; went o way, I LYuppose , Thal 's where we want the poicwtiad ovide nee io show financially andfroni an operational point- d hai is the purpose of kite new, saw ? Attorney M en rvus � Discusses again whether the applicant is looking for ,simply a replacement VS, card expansion. In other words, ifyou had a bit.siness that ►Par,y going down the tribes and dosing tnoney year upon year and.firraldy hit on this ideal that if' they botrghi this new samx there would be o ttrr-j? oround in the business, IN only way to ,save than busine.s�.s would be to install this new saw and thin new building, 1 don 't know if that woidd be labeled aLY an expansion, tr aright.fit the Use Variance, i f the applicant can prove that they need to m A-� this change or replacement 0P whatever y0 74 Mfanf to call it, ;Ln orde#1 fnr the bmOne.57s to survive the beard with the data could esrcrhdr'sh the case imvlead if the applicant has in mind I actually Expanding the business in other 40 lvords boosilLng the level of produc (- - activity boosting the 42f)el o 'profil as a result of this 61aiige 0 ZBA 09-04-2007 Page 14 of 17 is sonwhing the board can consider also, but the Board doesn 't have enough Info- io decide which of these 2 categories this is in- Ad joi a n Lewis- What if a decision was the Tvoy for my husiness to ,s44 rvrve is to if'I buy this bigger new sow to cut bigger {dock ofsione and cause more trucks to come into my quarry, How does the hoard then to that ? Attorney M2rcus - Yhol is exactly. M, hai the board has to fig-urc out from ihi,s info , Thal they don 't yet have. ` hat ',r where the board comes in to say `"Sorry that sort of expansion of volume of business activity is so ,great that it wo-uld have an impaci can the neighborhood and we could allow lho ( to happen- Even i r) ur business is not productive or profitable yo �c lvidljrUsI have to limp along with the level that you are at and any ,sort of expansion is not going to be permuted The boardds decision is bared on, once they have concluded that there is a hardship as a result as an crpplicanl tied being granted the variance they also have to consider the preservation and protection of the character of the neighborhood and the health safety and k1je fal •e of 1he cornmunifiy, so in the gird Ws a balancing test, the board has to balance the benefu of the applicant,v vs. the impiew on the neighborhood, and that 's why again the board needs to see ri+ra Jci rd i�rfo . fror� the crppllcartt . 1,9 {Iris going to cause the applicant 's business to simply survive or is thiS going to grow. Holbert- Now 1 know what documenis are needed and I 'rrr a bit conf-used on the whole thing arse ; Just to clear -rip, I can P-U ( the sow up tom f) rrovv and s ail running it bur not in the freezing weather I guez in my upiniun Mat 's where I kind of thought 1 was adclhng to the area b pu11ing the bailding around the saw and start rrr �rrring it and riot ivie) rry about building a buldding drat would be financially better for- trs until winter comes. I apprcic;ate everyo) � e 's input here as long as W! ' kepi factually- I 'm at that location 41130 in the morning and there are no lrrrcks cornr'ng I-a there at that nitre , Attorney Marcus- Us not the boards decision to deter Me !f' a business isproftable or not or too proff? table, That 's not what they do- 771ev need financial data which could be based 0n measure ofprodarr~livity could be based on profdlab y there are 2 completely di ferem measures. I don 't know Nvhut kind o} data the applicant will supply. lh a usually We Variance and this isn 't, be cause its just an expansion of a Gran4falheered u,ve, or maybe its not really are expanSiL n. Profuobidlty is a rneasure that Zoning Board u,suolly receives info. from. Because u,sucrldy in rrrost Use Ytrr-tJonces it 's• the applicant who says 1 cunt make a profit unless 1 do what I 'm applying to dry , r5117d Me board dog j sn 'l know without more data. Its info- that will be useful to the board not saying in this case because it 's an unusually case of`having a Grandfathered use thai ',s being changed in some kvoy. I enry- b7ier-rripfs to saythat the next applicant was schedyled,for 8,915 its i4pay cr ter : 0 and she has to leak�e- So whai clo we do with her appeal? 0ers to Attorney- whal du we do, do ive stop this one and go to the ne.i appear OZBA 09-04-2OO7 Pflge 15 of 17 Tom Quinn motions to Move to Vantinue ,John Goodrow second All in favor to continue. 0ers to la911nger lakes brim all info, to Henry and to audience to come back.for next months n? (i eling i; they like and they will receive no11ce of meeting date. October 2, 2007, New Town Hall, 9 : 211 will sCart with Lyudniilu Sukhinenko , sorry so Iate . As you are aware from previous correspondence I have Ken in direct contact with Sr. Public Health Sanitarian , Richard Cwal d, Tompkins County Dept, of Health, and the issue whether or not , a reasonable on site private domestic septic system design can be installed at 39 Spring Run Road without the need for a front yard area vanwice for the house . On August 21 st 2007 Mr . Ewald met on site with Ms Sukhininko ' s contractor, Alex Kaponek , to deiert ine a design . AtuLched is a copy of an August 23rd 2007 , Ewald to Sukhiniak.o, includingp a rovised site deN, elopInent septic plan and permit as WeII as a discussion of the plan? Paragraph one advises the plan will permit septic system installation and houso pIacement may bc; sitod without need for a Dryden Town yard variance. Area Variance Review : One of the 5 � area variance review criterion, #r " Whether the benefit sought by the applicant call be aQh1eved by sonie method, feasible for the applicant to pursue , other than an area variance requires consideration . While cost was not discussed within the 8 -23 correspondence I did dlseUss cost with Mr- Swald . An originally estimated by Mr. Ewald of about 9 - 10, 000 for this system was c. uggested . You enav want to discuss cost w, ith 'Ms Sukhinenko - Typically $ 7 4 8 ,000 septic cast is standard . Within the area variance re11el' con sideration Suide1ines see Exhibit 41 , (3 -c), the ZBA is instructed to provide the least amount of ref ief necessary . Mr . Twald stated . no relief is necessary , paragraph I of $1 3/07 correspondence , however, he did not include any figures to confirm the optnion . Rather than a�suiniz� there is no noed for relief 1 have utilized the applicant ' s 196E last amended 1992 survey ofpareel 46 . - 1 -49 - 17 , (see Exhibit ), applied all required Separations, installation diincnsions and Yard setbacks . I I ZBA 09-I14- 2007 Page 16 of 17 If m y calculations were correct , it would appear the borne set back would vary betwe ell 69 . 9 and 9 . 7 feet where 70 feet minimum is required, If correct, it would appear, some minor variance consideration , 1 - . 3 feet wouId be necessary. lmlen rye- aA-fr there was Borne cor kern about separnrionv1rorn the water line hookup, Jock Harding does thal and hasindicated rhat he has looked.for the >Fi ater connection bul due to l#ae high grass and vmed,5• could not nd it- Buz , ants us t� ki3c�w that a 1 h oof separation is needed between the connection [end se lic. Ms SUllkhiILenko- has no new documents io show the t'racrrcl , , , Lvudmila Sukhinenko , 39 Spring JR un Road , Area Varian cc Oonti >nued . i Once again- I ' ve rc �+ ie � +ed tllis mppeal with Richard Ek+ald, Sr. Public Health Technician, ' I401T, pk1' ris County Dept . of Health , and ]lave been Advised as foIIows . On August 21 st at 39 pi-Ing Run Read Mr. 1 v42aId way pre-sent to determine Nvhet}ler or not a system design could be determincd which would eliminate ail need for the requested front yard setback. Mr. Ewald advkwd once again, there is no need for setback re ] ief. have on August 16th , due to the prior hearing confusion, in wdl Cing asked Mr. 'Ewa] d to respond in same the result of al l 39 Spring Run Road Septic design develo prn e nt- I expect: a response froni 'ilylr . Ewald prior to the Scptcmber 4th meeting, Even though 1 cxpeQL this request wiII he withdrawn. Fve scheduled a continuation far 8 : 15 ?M . Ads Sukhinenko, Attorney otid 13 (iard, decides to continue tili nexi month, Necd documents from _swrvcyor and contractor. Board lells Ms S'ukhhienko ro come betler prepared ~ with docum eats ive can 't go by here-say. We need io see if on ]] Qper. klotion : David Sprout 69 cmond : Tom Quinn All in favor to continue till next month , Oct. Z " ", 2002 , Meeting adjourned at 9 : 38 PM TOWN OF DRY EN • DRYDEN , NEW Y R 93 EAST MAIN STREET, DkYDEN, NEW YORK 13053 607-844-8888 option 2 In if e .Hearl o 1he FbigerLaker l °Siov Zoning & r# uil€ling Code Enforcement ep1rE41bei- 26 , 2007, Douglas Caveney 21 Conlou Rd Lmisllig NY 1488 Re ; Notice oil Decision, Drydcn 'fown Area. Variance Request, 120-2007 Z 378 'T'hornas Road Dear Mr. Caveney, Please find errcl o sod the Notice of Decision, re ultinB fioin the variance hearings conducted by the D)-vden Town &ning Board of Appeal sI Please note, this is not a building perm) t, neither is it ran authorization to fail to conform to the requirements of any other appropriate agency having Puri sdiction over your project or use, Tho attached rkolice of decision i s, Dryden Town Zoning aAhoaity to proceed with your proposal only . If the Zonirig Board of Appeals atLaebed any conditions to th.IS approval, such conditions are part of the Zoning 'Variance and shall be confol-med with . Failure to conf"brin to any coin may cause the vari Lice to be null and voi n d . IF you should have any questions or desire further dotal 1 , please feel free to cal I our office as necessary at 607. 844- 8888 from 8 : 00am till 4 : OOpl-n Monday — Friday, Very truly yours , Henry &L Slater, Code )enforcement Officer Town of Drydert cc . BA-{] - 07 I � STATE F NEW ORI�j COUNTY F TOMPKINS 'I`OVJW OF DRYDEN In the matter of the appeal of CERTIFICATE Douglas Gsvenep The property located at 378 Thomas road (Toren of Dryden Yree x Map Parcel No , 75 LM 1 - 9 , 1 ) I , Oers Kelernen , 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 appraved by such Beard on % 4 Dated : Dryd n, New York 2007 Oers Relemen NOTICE OF DECISION AREA VARIANCE APPLICANT:: Douglas Caveney September 4th , 2007 A public hearing was held by the Zoning Board of Appeals at the Town of Dryden to cons6der the application of Douglas Caveney of 378 'Thomas Rd . Ithaca , NY 14850 who is appealing Article 7 Section 703 . 1 , Front Yard Setback fq (r an existing cax port that was built in error at 45 . 5 feet from the center of Thomas Rai _ where 70 ' i required . Said hearing way duly conducted by the Town of Dryden Zoning Board of Appeals on Tuesday September 4th 2007 , at 7 : 45 PM with meinbers present: Chairpe" on tiers Kelemen, David Sprout , Thomas Quinn, and John Goodrow. A, IN CONSIDER117G 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+ Because o, 'the steepness of the termite, Structures in the vicinity o f 3 78 Thomas Road with a set back less than 75 faet are common, As a result, this proposed structure would not change the character pf'the nei hboi hood Examples of' Aleighbors with close strixtures to Me road, 1 . 350 Thomas Road 6 , 4 9 Thomars Road 11. . 436 Thomas Road _311 Thomas Road 7 . 488 Thomas Road 3 , 250 Thomas Road 8 . 478 ThomM Road 4. 378 Thomas Road 9 . 1707 Thomas Load 5 . 136 Thomas Road 10 . 409 Thomas road Also be noted that shoucture has been up and in place for over 12 years, and is further back then the garage that wcu granted a Variance In 199 7. Motion made by : Toni Quinn Second : David Sprout All in favor B . IN CONSIDEEtING WHETHER THE BENEFITS SOUGHT BY THE APPLICANT CAN BE ACHIEVED BY SOME OTHER METHOD , FEASIBLE FOR THE APPLICANT To PURSUE, OTHER THAN AN AREA VARLkNCE, THE ZONIIVrx BOARD OF APPEALS FINDS AS rOLLOWS : Notice Of Decision _ 5epternher 4"', 2007 Douglas Cave ney �378 Thoaras Rd . Itha aI NY 14 85 0 Page 2 0 4 13eeause of'lirrrited construction sites at !Iris property, I hedieve this rile is the only one practical- In order to pkice t}zis Carporr, in another locah an, there would geed to be a large amount of excavation and cost. The onlyI)rlactical alterarrve would be to remove it and (here hcmve been no neighborhood objection for over 10 years- Modorn made by : Tom Quiun Second : David Sprout All in favor O. IN CONSIDERING WHETHER THE REQUESTED AREA VARIANCE IS SUBSTANTIAL , THE ZONING BOARD OF APPEALS FIRDS AS FOLLOWS: See A & .8 Motion made. by ; David Sprout Second : John Goodrow All in favor D. IN CONSIDERING WHETHER THE PROPOSED VARIANCE WILL HAVE AN ADVERSE EFFECT OR ntPACT ON THE Pa ICAL OR EIQ VIR0111IENTAL CONDITIONS IN THE NEIGHBORHOOD OIL DISTRICT, THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS; See A & 13 l Io # 1 made by : David Sprout Second : J01111 Goodrow All in favor E. IN CONSIDERING WHETHER THE ALLEGED DIFFICULTY WAS SELF= CREATED , THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS : es it is- Motion made by: Tara Quinn Second; John Goodrow All ]ri favor Notice Of Decision September 41", 2007 Dou4has C aveney �378 Thomas Rd. Ithaca, NY :14850 Page 3 of 4 THIS VART.A CE IS AN EXEMPT/ NOW EXEM1 ACTION UNDER SEQ R S.ECTION see bNY RR Part 617 Section 617 . 5 -c-. 12 + , 13 This asspeal is 339 L&M exempt see NYS General Municival Levy 239 I.tT M=3 =b(1 Motion to gralat variance : David Sprout Second ; John Goodrow AU in favor variance granted Notice Of I) B i3iou September 4'h, 2007 Douglas Civeney -31S Thomas Rd. Ithaca, iqV 14850 Page 4 of 4 TOWN OF DRDEN • DRYDEN , NEWYORK 93 EA91' MAEN STREET, DRY D2N, N5WYORK 13053 60MV8 8888 opd= 2 the .Heart of the FingerL4�k4? r Rgion Zoning & Buildii;g Code .Enforcement Septmbe-r 26, 2007, Michael Porker 811 Midlilae lid. Reeville, NY 1306 R.e ; Notice of Decision, Dryden Town Area Variance Request, 1 l9-2 07 T 811 MMdline Rd " Lear Nft. Parker, Pleasc find enclosed the Notice of Decision, resulting from the variance hearings oonducted b the .Eh:yden Town Loring Boai"d of Appeals. Please note , this is not a building permit, neither is it an authoAzation to fail to confumi to the requirements of any other appropriate ag ney hLV ng juriscliotion o 'er your projector use , The atkuched notice of decision is. Dryden Town Toning authority to proceed with ya-ar proposal only , If the Zoning Board of Appeals attached any coil dilions to this approval , such conditions are part of the oning Variance and shall be confomied with. failure to conform to any condition may cause the variance to be hull and void , if you should have any questions or desire furtlier detail, please feel free to call our office as necessary at 607 = 844-8888 from 8 : 00am till 4 ; 00pra Monday — Friday . Very truly }fours, ti HeT)):y M. Slater, Code Enforce!rneut Officer Town of Dryden cc : ZBA-09-r07 I I STATE OF NEW YORK : COUNTY OF 'I`OMPKINS TOWN OF . DRYDEN In the matter of th.e appeal of CERTIFICATE Michael Parker The property located at 811 Midline Rd. Freeville , NY 13 06 (Town of Dryden Tax Map PareeI No . 59 . - 1 , 30) r, Oers Kelemen , Chairperson of the Town of Dryden ZONING BOARD OF APPEALS , do hereby ctrtify pursuant to Ferule 6 of the Rales of Procedure of such Board , that the foregoing are the Findings of fact and decision approved by ach Board orz ; Dated : Dryden New York 007 (hers Kelemen NOTICE OF DECISION AREA VARIANCE APPLICANT : Michael Parker September 26 , 2007 A public hesri.ug was held by the Zoning Board of Appeals at the Town of Dryden to consider the applicoLtion of Michael Parker, Sif Nlidliine Rd , Freeville , NY 13068 who is requc %ting permission to construct and attach a 12 -foot wide exterior roofed porch around lus entire $ ], l idline Rd . home , AppeaLing bryden Town Zoning Ordinance Article 8 section 804. 1 to do so_ Said hea i.ng was duty conducted by the Town of Dryden Zoning Board of Appeals on Tuesday September 411, 2DO7 , at 7o $ O PkM with inembers present ; Chairperson Oars Kelemen, David Sprout , Thomas Quinn , and John Goodrow . A. IN CONSIDERING WHETHER AN UNDESLRABLE CHANGE WOULD BE PRODUCED IN THE CHARACTER OF THE NEIGHBORHOOD OR DETRIMENT TO NEARBY PROPERTIES WILL BE CREATED BY GRANTING OF THE AREA VARLdiNCE THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS; It appears the proposed deck wT11 not extend towards the road anyfurlher than the existing deck The structure is typical of`(he neighborhood, and other non- conforming structures in the area. Motion made by : John Ooodrow Second : Tom Quinn All in favor H. IN CONSIDERINU WHETHER THE BENEFITS SOUGHT 13Y THE APPLICANT CAN BE ACHIEVED 13Y SOME OTHER METHOD , FEASIBLE FOR THE APPLICANT TO PURSUE, OTHER THAN AN AREA VARIANCE, THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS , ne existing deck is the access ro the front door. 7he existing deck as rotten and unsafe, needs replacing and would improve the appearance of soucture and allow access back to front of house. Motion Maude by : Toni Quinn Second ; David Sprout All M favor C. IN CONSIDERINQ WHETHER THE REQUESTED AREA VARIANCE IS SUBSTANTIAL+ THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS; Notice Of Decision September 0, 2007 ildiehaei Parker � 311 M dline Rd. Freerille, NY 131168 -Page 2 of 3 The closest portion o Deck would he 6 i front the centerline of idline -Rd thai is only 8 ' less than the required 70 '_ The difference is not subslantial and no d ferent than Previous measure, Motioa made by: Torn Quinn Second : David S Prout All in ]favor D. rN CONSIDERING WHETHER THE PROPOSED VARIANCE WILL HAVE AN ADVERriE EFFECT OR IMPACT ON THE PHYSICAL. OR EN IRONMENTAL ONDITIONS IN THE NEIGHBORHOOD OR DISTRICT. THE ZOrUNG BOARD OF APPEALS F'I,NDS AS FOLLOWS : The proposed deck has no adverse efeel on the physical or enviror mental conditions In the neighborhood or district. Motiou made by, Toro Quinn r,cond : David Sprout All in favor E. LN CONSIDERING WHETHER THE ALLEGED DIFFICULTY WAS ELF- CREATED. THE ZONING BOARD OF APPEALS FINDS AS FOLLOW& Yes was a se created situation. The difficulty is the consequence o the design of the hawse, the front door is not on ground level, U is I story up and the only access Ly from a deck and stazrj which is c rently un,ya e. The setback from 7idline Rd is r-e -existing, Motion made by : To' m Quian Second: John Goodrow All in favor THIS VARIANCE is AN EXEMPT / NON rLEMPT- ACTION UNDER SEAR SECTrOrl see_ 6NYCRR Fart 617 Section 617 . 5-c- , 1 *. 13 This ayyeal is 239 L&M exempt see NYS General Municipal Law 239 L&M=3-h (1_ Motion to grant variance : David Sprout Seconds FOIL] Quinn All in favor variance granted Noticc Of Recision Septemt�er 4 ' 2MY7 illichael Parker — 811 Midiine Rd . Freeville, NY 13068 Page 3 of 3