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Home My WebLink About2008-02-05 TOWN OF ARYllEN Zoning :Board of Appeals 10 February 5th , 2008 Members Present: Oers Kelemen, Chair, Thomas Quinn, Mark Maybury (welcome I " appeal) Absent : Paul Luhvak, John Uoodrow Excused , Others Present: Randy Marcus, Town ZBA Attorney; Henry Slater, Director of Zoning & Code Enforcement; Recording Secretary, Joy roster, (Joe Solomon Town Board Representative absent) ( Mary Ann Sumner, Dryden Town Supervisor came in his place) Applicants : Mr. & Mrs . Reed Town Residents : none Meeting called to order at 7 : 35PM . Agenda . James & Ellie Reed of 326 Mt . Pleasant Road, Freeville, NY 13068 Mr. & Mrs. Reed : Area Variance , 1 1 Chair Kelemen : is PLEASE TAKE NOTICE that the Zoning Board of Appeals of the Town of Dryden will ` conduct a Public Hearing to consider the application of James R; Ellie Reed of 326 Mt . Pleasant Rd , Freeville, NY to construct an addition to an existing private garage at 65 feet from the center of Mr. Pleasant Road where a minimum of 70 feet is required and are appealing Dryden Town Zoning Ordinance Section 754 . 1 to do so. SAID HEARING will be held on Tuesday February 5'',, 2008 , at 7 : 30 PM prevailing time at the Dryden Town Hall , 93 East Main St. Dryden NY, at which time all interested persons will be given an opportunity to be heard . Persons may appear in ptc,rson or by agent . Ocrs : to Mr. & Mrs . Reed is there anything else you would like to add? Reeds : nothing more to add Oers : asks the board if they have any questions ? ZBA : askv why do you need to go 20 feet instead of just 1 S feet to stay within the requirements ? Mrs. Reed : )ve need the space partly for storage and 1 do dog boarding, and to come out 1 S feet it 's almost not worth it, it snakes it a very narrow area. ZBA : asks if the existing steel carport is it closer or further to the center of the road? Will the netiv construction be closer to the road and carport ? "ZBA- Minutes Feb. 5", 2008 Reed-326 Mt. Pleasant Rd . Freeville Page Iof3 Reed : New construction will match the carport. ZBA : asks Henry if there has been comments or concerns from the neighbors? Henry : A'o response at all! Oers : states that the TG Miller report shows no reason for concern. ZBA : Is this going to be a roofed structure, concrete slab, filly enclosed, and won 't have kennels to the outside ? .So it will be fully enclosed? Reeds : It will be completely enclosed. We don 't do exterior kennels. But part will be for storage. Oers : to board, general sense ? Anymore questions ? Oers : closes the hearing to the public at 7.440 and the board will discuss the appeal. Oers : reads the Area Variance questions, 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 only one neighbor of considerable distance away. The existing carport is already in place 65 'from the road. There will be no change in the character of the neighborhood. Motion made by : Tom Quinn Second : Mark Maybury All in favor Be 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 proposed location of the structure is most appropriate where requested & dare to ►vet conditions and a tree covered hillside and the east side is a residence and a septic System, Motion made by : Oers Kelemen Second : Tom Quinn All in favor . IN CONSIDERING WHETHER THE REQUESTED AREA VARIANCE IS SUBSTANTIAL . THE ZONING= BOARD OF APPEALS FINDS AS FOLLOWS : As pr) rnled oul in the application the encroachrmem of the proposed s'1ructure is 716. This is not sub.vantiaL Motion made by - 'Film Quinn Second : Mark Maybury 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 : This willfit in with other properties in the area that are aj.j�f) ejn, er then 70 ' there 1011 not he any impact to the neighbiewhood nor the ewilr0nmenir Motion made by : Mark Maybury Second : Tow Quinn All in favor E . IN CONSIDERING WHETHER THE ALLEGED DIFFIC7JLTY WAS SELF- CREATED . THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS& Ye,s i1 1.�•- Motion m�icie by : Taro Quinn ecmd : Mark Maybury , All irl favor THIS VALIANCE IS AN EXEMPT Mom' f Nox-EXEMPT ACTION UNDER SEQR SECTION 617 5 c 1 & 13 This appeal is 239 L&M exempt see NYS General Municipal Law 239Mmj31 - 1b ) ( 1 -5) Motion made by ; Torn Quinn Second : Mark Maybury. All in favor Motion made by Torn Quinn to grant the val•ianCe kvithow any conditiowa - Second: Mark Maybury All in favor A7eeting ad joerued at 8: 00 PM Respectfiilly Submitted, Joy Foster R"ording Secretary C. IN CONSIDERING WHETHER THE REQUESTED AREA VARIANCE IS SUBSTANTIAL. THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS: As pointed out in the application the encroachment of the proposed structure is 7%. This is not substantial. Motion made by : Tom Quinn Second : Marl( Maybury 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: This will fit in with other properties in the area that are also closer then 70 ' there will not be any impact to the neighborhood nor the environment. Motion made by : Mark Maybury Second : Tom Quinn 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 : Mark Maybury . All in favor THIS VARIANCE IS AN EXEMPT / NON-EXEMPT ACTION UNDER SEQR SECTION 617 5 c 12 & 13 This appeal is 239 L&M exempt see NYS General Municipal Law 239M-( 3) -(b ) ( 1 -5 ) Motion made by : Tom Quinn Second : Mark Maybury . All in favor :'Motion made by Tom Quinn : VARIANCE GRANTED , as requested , WITHOUT CONDITIONS . Second: Mark Maybury All in favor Notice Of Decision F'eb. 5'h, 2008 James & Ellie Reed 326 Mt. Pleasant Rd. Freeville Page 3 of 3