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Home My WebLink About2008-06-03 TOXIN O .DRY DE Zoning Board of Appeals June nl � 008 Members Prescnt : 0en.N, .KL�lemen , Chair, 'T`hntnas Quinn , dark Mrtybury, John Goodrow Absent& Paul Luhvak Excused : Others Present : Randy Marcus- '.'own 13A Attorney (family inoloduccod Ch risly Gutenberger new attorney in his a ee) Kevin . Ezell .7_ ning &. Code Enforcement; F�ecording Secrelary, Joy Foster. (Joe Solomon TeAtin Poord1Lepresentalive) APP1icants : Dale Conk representing T -3 / Jeff I in.khaTn representing William Spoon John Shipe representing M.r_ & Mrs_ Kennett Town Residents : none MMeting called to order at 7 : 35'PM . Ada : TC-3 Foundation, Area Variancemjbr u f-Street parking rc�dacaorj 26 & 3 (11'arvreiv Dr. Dryden, W. Willinm Spoon, Area Variancemside lot ifrtcx, 1 .f65 1)ryderr Rd Dryden, NY Todd & Jessica Kennett, Area Variance-front yard 823 N. [Food Rd. Dryckn, NY T C=3 Foundation . Area Variance : Chair Kelemen : PLEASE TAKE NOTICE tha.11 Chi Zoning Board of Appeals of the Town of Dryden will conduct a Public Hearing to consider the application of TC- 3 Foundation , lnc , for an Area Variance to construct at 2.6 & 30 Farview Drive an o f F street parking facility providing 177 spaces where a muiimuin of 26 are required and are appealing Dryden Town Zoning Orduiance Section t401 . 1 to do so _ SAID HEARING will be held on Tuesday June 3rd, 2008 , at 7 , 30 PM prevailing time at the Dryden Town Hall , 93 Putt Main St . Dryden NY , at which time all interested persons will be given an opportunity to be Beard _ Persons may appear in person or by agent_ Oers : le Dale Cook representing TC-3j is th8re- anything else you would like it) add Coo Onl v would like fry add that when we built building E on 18 Jlarrieiv Dr 1 was in the process to audit the amount ofparking Mat }vas in all of our parkins; arias' k4phic�•h we include Porkrng D, Parking C and in the main complex card over Me last 3-yearn the amount cxj`curs have been going down (most likely do to the price r / g6r.N) .six th),y yeax• anly 39 Yfj rj f' D Parking }vav f dl where the new bu11ding 6 ' and in the complex where we have 15 parking places there were only 76 wifized and that Fs ahrxuf 9 dijjirence from the year 2006=2007 so it !s sieaddy declining the err eunt of parked cars. So we are never full. This parking i,s jars! fixr ho using area_ the college parking is Wally separate. So our concern i.y j`Psi in the complex area ZBA- Minutes June Yd _ 2008 TC, 3 , Spoon, Kennett l - Page [ of 10 and our other concern is to comply with the Storrnwater Allanagernent. We ►vant to have the least amount of parking to conform to and to give our students adequate parking, How long the decline of parkingy will continue i don 't know bill over the past 6 years I have .see a decline. Oers : To Cook, so you have experienced no problems from the last variance thal was for reduced parking and that hasn 't created a problem ? Cook: No is has not created any problems. We look at the amount of registered kids and also the visitors. Brit still numbers are less. Oers : To ZBA any other questions ? Quinn : The county planning has pointed out .some concerns about pedestrian foot traffic linking with the Town, the letter we have .says that you and the To ►vn have committed to address that, What kind of'movernent have there been towards that ? Cook: !here has been steady work on that all of the construction has been taking all of our tulle and with the conservation easement process that we have for Lee Road It has not ended ball Where it has come to is the ,fact that there were 3 proposals or thoughts on where to have that trail, of which the proposal rile chose is the stave one that Henry had we went this ►vay fnr the best for safely wise and certainly maintenance wise f or the students to travel along this path and we haven 't yet made a real decision ►ve know of 2 locations that would be lengthy and security an issue . ,So that 's really where we are as far as location. 6Ve are also in need of' underground power to run blue -lights: ►ve are looking in what would be the best possible light and what would be the least impact on the neighborhood around, Oers : What is the general feel.from the board? ZBA : All seem ok with this. Randall Marcus, ESQ, Legal Counsel for 7BA : Before we go cmy.firrther I need to part on record that I cant advise the Board on Substance Ualters because 1 represent TC-3 Foundation and have specifically connection with this dormiloty construction, I can advise on matters of law generally on how issues are applied, there is one thing that should also go on the record is that because the County Planning Department has mentioned a concern that the possibility fir a negative impact on the surroundings, in order to over-ride their position on this 239-rn you have to have it "Super-,Marjory Vote " so in other words since you guys only have 4 members here tonight would mean all 4 of you would have to vote in favor of granting the variance if that were not the case then the variance ►vould fail. Oers : 7: 4S PM This closes the public part of this hearing. Oers : reads area variance questions Randall Marcus : If l migh1 just jump in with a recommendation of'procedural wise, I noted that When going over tonight '.s agenda that when you reviewed the 2006 request it appears that ® Henry has included for your reference the finding_fi•om the 2006 request, and it appears from - 2 - that that the board adopted its findings the frndinizs that were proposed by the applicant , so this may be a procedural ease far you. Oers : Asks bandy there is no problem with us adopting the previous decision or is there ? Randy : Generally, its not a great ideal to adopt text of a previous f nding, If you have two cases that are virtually identical you can be pretty comfortable doing that so in consideration like this you can be comfortable doing that, what you may s►:ant to do rather then actually adopt the findings of 2006 decision is if you were inclined to go with this route is to adopt the findings that the applicant has proposed for tonight, now in this case they have to be identical, I think What the applicant proposes in this package is identical to what was provided in the 2006 package. It may be sword per word ctt a quick glance it looks to be word per word. I guess I '►n sort of splitting hairs to say, I think you ►+could be more canfbrtable to adopting what the applicant is proposing tonight then what you adopted in 2006 even though in this case it may be exactly the same. Oers . to handy., I 'm wondering ► h tt the tie in to granting smaller amount of parking have to do with detriment to Lee Road or any other neighbors? Randy : To be honest with you I had trouble seeing that myself the point that was made by the County Planning Dept. was that in completing this project the developer should consider additional pedestrian routes and i think. but they didn 't .spell it out well, ! think what their ideal was that if the developer provided additional pedestrian routes the students would have less need to get front their housing to where they are going, ! don 't see the connection in that and the ® reduction of parking spaces because even if'the students used pedestrian routs to get where they are going it doesn 't mean there will be less cars that parking spaces overall even if the students are walking from dorms to downtown f)r every student that has a car a car is still going to need a parking space so whether they take that car out of the parking space to get downtown or ►whether they walk downtown 1 don 't see how it impacts the need for giving them a parking space. Again, ! 'nt not trying to in your decision in ant , way, I 'm just explaining what the County has written. Ifyou had residents here from Lee Load I cant image what they would be objecting to because ► hat the developer is asking for are fewer parking spaces, i .suppose and this is just speculation that you could have a neighbor .saying don 't reduce the number of parking .spaces because ifyou do the students will need to find parking in other places and they will be parking on our street It 's kind of farfetched with the infortnation that has been gathered and from what Mr, Cook has presented, and you don 't have anvbocly here from Lee road objecting but if you did 1 suppose you would have some evidence that there would be potential negative impact. I don 't think you have anyone here objecting. 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 : Ao undesirable change is expected as a result of the variance as the variance will allow f6r ® the installation of only the parking that is nee for the two buildings, based on the applicants observation qf parking operations at four other student housing buildings on the T -3 campus. Adequate parking will be provided on-site such that no parking uff site, .such as on - 3 - ® Farview Drive, should be epected The variance will actually allow .for a reduction in the amount of impervious area and grading and earthlvork required than would be necessary if the code-regtiir•ed parking spaces wore provided Motion made by : Mark Maybury Second : Tom Quinn 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 : An area variance is the only recourse the applicant has to reduce the amount of parking to be provided ivith the avO-building development, as the regrureinent is a .jitnction of the Towns• Zoning Ordinance. Motion made by : .lohn Goodrow Second : Tom Quinn All in favor C . IN CONSIDERING WHETHER THE REQUESTED AREA VARIANCE IS SUBSTANTIAL, THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS: ® The applicant is requesting a total reduction in parking of'96 spaces (48 spaces per building) or a 36% reduction fr•orn the cod-required amount of 268 spaces (134 spaces per building). While 36X may be substantial, the applicant has provided historical factual based information as to the actual need for the amount of'parking to be provided. This is base upon the applicant 's observations of the parking operations at the four other student housing buildings located at the site. (phis is an environmentally better answer) , Motion made by : John Goodrow 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: No, the granting of the variance will actually reduce the amount of impervious area to e constructed with the student hontsing builds. When compared to the improvements that would be required if the code required parking were installed., the variance will result in a reduction in the amount of grayling and earthwork required during construction and a reduction in the amount of projected post-construction stornnivater r•uno f. Motion made by : Tom Quinn Second : John Goodrow All in favor - 4 — ® E. IN CONSIDERING WHETHER THE ALLEGED DIFFICULTY WAS SELF-CREATED. THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS : Yes, it was self created. Motion made by : 'Tom Quinn Second : John Coodrow All in favor THIS VARIANCE IS NOT SEQR EXEMPT but the Town Board has already determined it to be a Negative SEQR ( see Resolution # 36 from hearing to 2006) Motion made by . Torn Quinn Second : Mark Maybury . All in favor Motion made by Tom Quinn : (to grant the variance as requested) Second: John Coodrow All in favor TC-3 granted and finished 8 & 001' M William Spoon , Area Variance : Chair Kelemen : PLEASE TAKE NOTICE that the Zoning Board of Appeals of the Town of Dryden will conduct a Public Hearing to consider the application of William Spoon , for an Area Variance, to place at 1165 Dryden Road a pre - manufactured shed at 3 ' from a side property boundary where a minimum of 15 ' is required and is appealing Dryden Town Zoning Ordinance Section 905 . 2 to do so. SAID HEARING will be held on Tuesday June 3rol , 2008 , at 7 : 45 PM prevailing time at the Drvden 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 person or by agent . Oars : to JefJ' Tinkham (representing Mr. Spoon who is in the hospital) if there is anything he 1410111d like to add. Tinkham : .Speaks on where the ditch is on property and ifpossible, to place shed in another area. jWr. Spoon is trying to keep as much sunlight coming into house as possible, and does not want to block the kitchen window. rind if'shed were to be placed fi.irther south, there is a bedroom and a bathroom window. So to minimize the loss ufdaylight this is why he chose to place the shed where he has proposed. Oers : So the hardship here is the loss of light. - 5 - Tinkham : 1 would agree. Oers : To ZBA any questions Quinn : How tall is this building? And this is a pre f ib, like one of the Amish inade sheds and they will bring it in on a truck and place it on a slab ? Tinkham : It 's a story and a hal f'so I ivould say 14 feet. Yes pre-jab. Quinn : 6Yhat is on the other side of'the house, pointing to map asking what is here ? Tinkham : The Antlers Restaurant, its a little wooded area their property. Tinkham : The inlay that the lot is situated is it is a bank the whole side is a bank other then directly behind his hoarse is the only flat spot on the property. Kevin Ezell : We have not received any negative comments only the one letter from neighbor in support of.' Also, there is an above ground pool where the shed is going. Oers : to ZBA general findings. OK Oers: Closing the public part of this hearing 8: 07 PAS 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 : The nearest neighbor has qffered support for the placement ,f or the shed; the Board finds that no negative changes to the character of the neighborhood will result from granting the variance. Motion made by : Tom Quinn Second : Mark Maybury 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: Yes, other placement is possibly but tvith a reduction to duality of light and view from a kitchen window. Motion made by : Oers Kelemen Second : John Goodrow Ob All in favor - 6 - Co IN CONSIDERING WHETHER THE REQUESTED AREA VARIANCE IS SUBSTANTIAL , THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS: Yes it is, its less then half the distice it is supposed to be from the property line that is pretty substantial . Setback is 31:eet where 15 feet is required is substantial . Motion made by : 'loom Quinn Second : John Coodrow 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: Regardless of our decision, there will be no adverse effect on impact or physical environmental conditions in the neighborhood or district . Motion made by : Oers Kelemen Second : Mark Maybury All in favor E. IN CONSIDERING WHETHER THE ALLEGED DIFFICULTY WAS SELF-CREATED. THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS: Yes! Motion made by : Oers Kelemen Second : Tom Quinn All in favor THIS VARIANCE IS SEQR EXEMPT under Section 617-S .c- . 12 & 13 Motion made by John Coodrow : (to grant the variance as requestecl) Second: Tom Quinn All in favor Spoon variance granted and finished 8 : 20 PM 8 : 20 PM Oers reads Kennett case. - 7 - Todd & Jessica Kennett, Area Variance : Chair Kelemen : PLEASE TAKE NOTICE that the Zoning Board of Appeals of the Town of Dryden will conduct a Public I•Iearing to consider the application of Todd & Jessica Kennett, for an Area Variance to construct and attach a covered side porch to their 823 N . Wood Road home at 65 ' from public road center where a minimum of 70 ' is required and aloe appealing Dryden Town Zoning Ordinance Section 804 . 1 to do so . SAID HEARING will be held on Tuesday June 31411 , 2008 , at 8 : 00 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 person or by agent. Oers : asks if applicant is here ? .John Shipe: is representing the Kennett 's, Shipe : Just trying to build an addition on their house, this porch will come off of that creating a small sitting porch 4 feet iaride by 1 h feet; if we were to reduce it to the 70 fibot line, it would look kind of odd along the face of the house . Oers : Is the porch on the roadside of the house ? Coodrow: 11 appears that the house itself is not compliance Shipe * Correct Oers : so essentially we are not extending the pry{file, is that correct ? Shipe: Not out of compliance, no. We are adding; to the side of the house perpendicular to the road. Oers : Closes to public comment board ►vill discuss. ZBA : No contntents from neighbors? Ezell : C.'orreta Oers : to board any questions ? Quinn : What is the porch going to look like, is it .just going to be a deck or covered? Shipe : It will be a covered porch it will have open rafters, deck with 2-step up. - 8 - 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 have been no negative comments from the neighbors the proposed porch is less non- complying then the existing structure and ►fill not otherwise affect the neighborhood. Motion made by : Tom Quinn Second : John Goodrow 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: Ye.y, porch could be made smaller. Motion made by : Tom Quinn Second : Marls Maybury All in favor Co IN CONSIDERING WHETHER THE REQUESTED AREA VARIANCE IS SUBSTANTIAL. THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS : 66 feet where 70 feet is required is not substantial. Furthermore., the house itself*alreadv encroaches 65 feet iaJhere 70 feet is required. Motion made by : John Goodrow Second : Tom Quinn 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: 73 acres no adverse effect. Considering the small sixe of the addition in relationship to 73 -acre parcel in which it sits and the fact that the addition will enhance the physical appearance of the residence we find that there are no negative impacts on the physical or environmental aspects in the neighborhood or the district, Motion made by : John Goodrow Second : Mark Maybury All in favor - 9 - E. IN CONSIDERING WHETHER THE ALLEGED DIFFICULTY WAS SELF-CREATED. THE is ZONING BOARD OF APPEALS FINDS AS FOLLOWS: Yes ! Motion made by : Mark Maybury Second : John Goodrow All in favor THIS VARIANCE IS SEQR EXEMPT Section 617-5-C. 12 + 13 . 239 L&M EXEMPT - 239-m-3 .b Alfolion made by John Goodrows (to grant the variance as requested) ,Second.' Tom Quinn All in favor Spoon granted and finished 8 : 20 PM Randall Marcus , ESQ , Legal Counsel for 713A : wants to introduce Christy Gutenberger to legral counsel Meeting adjourned at 8 # 35 PM Respectfully submitted , Joy Foster Recording Secretary STATE OF NEW YORK & COUNTY OF TOMPKINS TOWN OF D YDEN In the matter of the appeal oC CERTIFICATE William spoon The property located at 1169 Dryden Road, Ithaca, STY 14850 (Town of Dryden Tax Map Parcel No . 54 , - 1 - 1 ) i 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 o [ such Board , that the foregoing are the findings of fact and d approved decision a pg ed by such Board on . Dated : Dryden , New York 2008 Ders Kelomen NOTICE OF DECISION AREA VARIANCE APPLICANT: William Spoon June 3" , 2008 Chair I elemen : PLEASE TAKE NOTICE that the Zoning Board of AppeaIb of the Town, of Dryde n will conduct a Public Hearing to consider I:he application of Willinrn Spoon , For an Area Variance , to place at 1169 Dryden Road a pre -manufactured shed a 3 ' from a side property boundary where a minimum of 15 ' is required and is appealing Dryden Town Zoning Ordinance cction 905 . 2 to Cl!o so . SAID HEARING will be held on Tuesday June F , 08 , at 7 : 45 PM prevailing time at the Dryden Town Nall, 93 East Main St . Dryden IFFY, aLt which time all interested persons will be given an opportunity to be heard . Persons may appear in person or by agent, The Town of Dryden Zoning Board of Appeals duly conducted said hearing on Tuesday June 3n1 , 2008 with members present. Chairperson Oers Keleinen , Thomas Quinn , John Goodrow, and Nark Maybut . A. IN CONSIDERING WHETHER AN UNDESIRABLE CHANGE WOULD BE PRODUCED IN THE CHARACTER OF THE NEIGHBORHOOD OIL DETRIMENT TO NEARBY PROPERTIES WILL BE CREATED BY GRANTING OF THE AREA VARIANCE THE ZONrXG BOARD OF APPEALS FINDS AS FOLLOWS . The nearesf ne ighbor has ujfijred .s uppor l for the placement for the shed. the Board firms that no negative changes io the character of the neighhorhood will resull ftam gronfing the varlL ance. Motion made by : Tony Quinn Scuoltd : Mark Maybury All in favor B4 IN CONSIDERING WHETHER THE BENEFITS SOUGHT BY THE APPLICANT CAN BE ACHIEVED UY SOME OTHER METHOD, FEASIBLE FOR THE APPLICANT TO PURSUE, OTHER THAN AN AREA VARIANCE, THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS : Yes, other placement is possibly but Tvifh a redzictiorz to quality of 1110ht and uieiv from a kitchen Luin tow. o �ior� i�tacEc by, Oers 1Celelncu Socond : John Goodrow All in favor Notice Of Decision Juuc 3rd, 2003 WilIiam Spoon — 1169 Dryden Road rage 2 of 3 C. IN CONSIDERING WHETHER THE REQUESTED AREA VARIARCS IS SUBSTANTIAL, THE ZONINGS BOARD OF APPEALS FINDS AS FOLLOWS: Yes it is , i is less then half the distance it is supposed to he fTorrt the property line that is pretty substantial , S etback is 3feet wliere 15 Feet is required is suhstantia] , Nation made by ; Tom Quinn 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 NEIGHBORlEHOOD OR DISTRICT. THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS : Regardless ofottr decision, there Neill he no acdvcilse effect on impact or physical environmental condition, in the neighhorhood or district, Motion made by , Oers Kelemen Second ; Hark NJavhury All iu favor E. IN CONSIDERING WHETHER THE ALLEGED DIFFICULTY WAS SELF- CREATED . THE; ZONING BOARD OF APPEALS FINDS AS FOLLOWS : YesF Motion rrkadc by: Oers Kelemen Second: Tom Quilill. All in ffnrnr THIS VARIANCE IS SEOR EXEMPT under Section 617-5 . c-. 12 & 1 Motion made by John ( , 00drow Second : Tom Quinn All Nil favor AfoliOn Made by J011ll Coodrow Qo grant the variance as raque'vied) Seecind- Tom Quiuu All in Favor DECISION : VARIANCE Gk.XNTrD William Spoon granted and finished $ : 20PNI Notice Of Decision June 3"', 2008 VlllJain Spoon — 1169 Dryden Road Page 3 of 3 TOWN OF DRYDEN DRYDEN , NEW YORK 93 EAST MAIN YEREET, T) R).':L ENI INEWYORK 73053 607-844--8889 option 2 Its &g Hwt r f'L��k t�zrr�cr Ln1�es . a�ar�r� Zoning & Building Gods Enforeem mt .dune 12 , 2008 William Spoon 11 69 .0ryden Road Ithaca, NY 1. 4950 Re : NO6ce of Decision, Dryden Town Area Variance Request, 0 -2008 Z , 1169 Dryden load Bear Mr_ Spoon: Please find enclosed the Notice of Dceision, re-ulting from the variance hearing conducted by the Dryden Town Zoning Board of Appeals on `l'ucsday June 3 "', 200 _ Please, note, this is riot a building permit, neither is it an authorization to fail to conform to the requi rem enis of any other appropriate agency having jurisdiction over }four project or use. "Flit attached notice of decision is, Dicydeii Town Zoning authority to proceed with your proposal only , If the Zoning Board ofAppeals attached any conditions to this approv41 , such conditions are part of the Zoiiing Vartanoe 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= 844m8888 ext, 216 from S . 00aln tilt 4 : 00pni IMonda — Friday, Very truly yours , wc�r Henry M . Slater, Code Enforcement Officer Towil of Dryden cc : BA-02-2008 TOWN OF DR DEN • DR DIEN , NEW RI -` 93 EAST &Lr IN ,STREET, DRYF EN7 LNEW YOkK 13053 607-84=t-8888 opijoa 2 In the 1-Ieai7 of 6e .Fi?? erLakes gIgon Zoning & Building Cade Unforomnent CERTIFICATE F ZONING COMPLIANCE This is to certify that William Spoon applied for a Dryden Town Zoning Permit for a proposed coastructi�on project described on the application for Zoning Permit No . (054- OUS ' At 1169 Dryden Road , Ithaca , NY 14860 (within the Town of Dryden) , Tax Parcel # 54 & = 1 = 13 as proposed has been reviewed and the same complies with all the applicable sections of the Tow7i 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 purpose of Dryden Town Zoning Ordinance Compliance only. The holder of this certificate is hereby advised , 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 authority to p lace a pre. manufactu red shed at 1165 Dryden Road at ' front a side property boundary where a Minimum of 15 ' is required. On June 3rd, 2008 the Dryden Town Zoning Board of Appeals, ( BA) met in session and granted this appeal. Enclosed is the Notice of Decision. This is not an OCCUPANCY PERMIT , Occupancy is obtained by meeting or MXCeedi.ng the requirements of the appropriate attached INSPECTION SCHEDULE . This is an approval of submitted plans, and authorization to proceed witli the construction phase of the project . DATE of ISSUE TLLM-C I � BY : YYl Henry Nl . later, Zoning Officer STATE OF NEW ORK * COUNTY OF T MPKIN TOWN OF DRYDEN In the matter of the appeal of CERTIFICATE Todd & Jessica Kennett The property located at 823 N . Wood Road, Groton , NY 13073 (Town of Dryden Tax Map Parcel N o . 22 . - 1 - 15 . 11 ) 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 iof such Board ca, tht the foregoing are the findings of fat and decision a. roared try such Board on : Pp Da.tcd : Dryden , New York 20015 Oers Kelerraren NOTICE OF DECISION AREA VARIANCE APPLICANT : Todd & Jessica Kennett June 314, 2008 Chair kelernere : PLEASE TAKE NOTICE that the 'Zoning Board of Appeals of the Town of Dryden will conduct a Pubic k earl ng to consider the application of Todd Ss Jessica Kennett , For an Area Variance to construct and attach a covered side porch to their 823 N , Wood Road home at 66 ' from public road center where a Tninirnum of 70 ' is required and are; appealing Dryden Town Zoning Ord iuEuice Section 8 04 . 1 to do so _ SAID HEARING will be held an Tuesday June, 3r(', 2008 , at 8 : 0D PM prevailing timC at the Dryden Town Nall , 93 F.a5t Main 8t . Dryden NY, at whif_ h time all interested }persons will be given an opportunity to be heard . Persons may appear in person or by went . 'Che Town of Dryden Zoning Board of Appeals duly conducted said hearing an T%Qesday June 3rr' , 008 with mcml� crs present : Chairperson Oers Kelcmrr� , 'Thomas Quinn, John G-oodrow, and Mark Maybury. A. IN CONSIDERING WHETHER AN UNDESIRABLE CHANGE WOULD HE 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 have been no negaiNe com eatsfimrra the neighbors the proposed porch is less non-complying- there the exisfing .structure and will not otherwise gffecl the neighborhood !Motion Flla L� by : Tom Quinn Second : ,John Goodrow All in fayor 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 : Yes, parch coup! be made .wmuller . Motion inadc by: Tom Qu11111 Second : Mark Mayhury All in favor C. IN CONSIDERING WHETHER THE REQUESTED AREA VARIANCE IS SUBSTANTIAL. THE ZONING HOARD OF APPEALS FINDS AS FOLLOWS ; No lice C1f .Decislo« June 3 "�, 2008 Todd & Jessica Kennett -- 823 N. Wood Road Page 2 of 3 66,feei where 70 feet is required is not substautiaL Furthermore, the house itself already encroaches 65feez where 70 .feei is requitled_ Mat ion inadc by Jahn Goodrow Second : 'C'om Quinn 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: 73 acres no cidverse effea. Considering the small size o the addiil() n in relationship to 73-acre parcel in which it sils and the Bret that the addition will enhance the physical appearance of the residence use find ahem there are no negative i pacis on the pkvsicol or environmenial a pects in the neighborhood or the district. Modon made by: Jahn Gorndrow Second : Maric Maybury All in favor E, IN C'.ONSIDERINCr WHETHER THE ALLEGED DIFFICULTY WAS SELFw CREATED . THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS : Yes! N-9odon inadi%, by : Kark Maybu ry Second : Jahn Coodrow All in faVOT THIS VARIANCE IS SEAR EXEMPT under Section 617-5 . g- 12 & 1 239 L&M EXEMPT - 39=M=%3 ,h Motion made by : John Goodrow Second: ' rum Quinn All in favor Motion raxode by Jolm Goodrow (try grane the variance as requested) Second., Tom Quilru All In favor DEUSION : VARIANCE GRANTEE) Kennett granted and finished 8 : 2.0.11M Notice Of Decision tune 3 �, 200R Todd & Sessiea Kennett — 823 N, Wood bond Page 3 of 3 TOWN OF DRYDEN • DRYDEN , NEW Y 1tK - 93 FAST �,LU v sTREFT, DRYD1'�N , NEW YORK t3053 007-84+-8888 op6oii 2 Ix jhe Head of 1hr .FingerLr3J2e.r T ,?gzoa Zoning & Suildin Coda L7nforccm ¢nt June 1 , 2.008 Todd & Jcssica Kennett 83 TN' . food Road ciroton, NY 13073 Re : otice of deci sion , Dryden Town Area V ariance Request, 03 -2008 Z , 823 N . Wood 1. ci, Dear Mr_ & iMrs . Kennett : Please find eliclosed the Notice oMccision, resulting from the variaime hearing conducted by the. Dryden Town Zoning .Board ofAppeaIs pan Tuesday Junc 3 ", 2008 _ Please note, this is not a buildvig permit, neither is it an authorization to Iai ] to conform to the requirements of any other appropriate agency having jurisdiction over your project or use _ The attacled notice of deCision is, Dryden To "rn Toning; authority to proceed with your proposal tjnly. If the Zoning Board of Appeals attached any conditions to this approvai , such conditions are part of the Zoning Variance and steal l be conformed with . Fail ure to conform to any condition may cause the varlame to be ]gull and votd . Tf you should have any questions or desire further detail , piease Feel free to cafl our oIRT1cc as necessary at 07- 844 -8888 ext. 21 from 8 : 00am till 4 :00pni Monday — Friday. Very truly yours, %nv I. k 06 Henry M . Slater, Code Enforcement 0.113cer Town of Dryden cc . ZBA-03 -2008 TOWN OF DRYDEN • DRYDEN , NEW YORK 93 EASIV MAIN STREET, DRYDEN, NEW YORK 13053 607-PM-8888 option 2 In The I=lean of The FiirgerLakqes .Region Zoning tic Building Code Enforcement CERTIFICATE OF ZONING COMPLIANCE This is to certify that Todd & Jessica Kennett applied for a Dryden Town Zoning Permit for a proposed construction project described on the application for Zoning Permit No . (049 - 2008 Z) At 823 N. Wood Road, Groton NY 13073 (within the Town of Dryden ) , Tax Parcel # 22 . 4m15 . 11 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 purpose of Dryden Town Zoning Ordinance Compliance only . The holder of this certificate is hereby advised , 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 authority to construct and attach a covered side porch to their 823 N. Wood Road home at 65 ' from public road center where a minimum of 70 ' is required. On June 3rd, 2008 the Dryden Town Zoning Board of Appeals, (ZBA) met in session and granted this appeal. Enclosed is the Notice of Decision. 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 d ( 4L a� BY : L" - - Henry M . Slater, Zoning Officer • STATE OF NEW YORK: COUNTY OF TOMPKINS TOWN OF DRYDEN In the matter of the appeal of CERTIFICATE TC - 3 Foundation , Inc . The property located at 26 & 30 Farview Drive , Dryden , NY 13053 w(To n of Dryden Tax Map Parcel No 37 . - 1 - ]. 0 . 12 ) 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 pp d by such Board on : Dated : Dryden , New York 12008 Oers Kelemen NOTICE OF DECISION AREA VARIANCE APPLICANT : TC-3 Foundation, Inc. June 3rd , 2008 PLEASE TAKE NOTICE that the Zoning Board of Appeals of the Town of Dryden did conduct a PQbTic Nearing to consider the application of TC -3 Foundation , Inc , for an Area Variance to construct at 26 & 30 Fanlew Drive an off street parking racility providiaig 177 spaces where a minimum of 268 arc required and are appealing Dryden Town Zoning Ordinance S ecLion 1401 . 1 to do so, SAID HEARING was held on Tucsdav June 311d , 2008 , at 7 ; 30 PM prevailing time at the Dryden Town Hall , 93 Easi: Main St . Dryden THY, at whirrla time all interested person % were given an opportunity to he heard . Persons were to appear in person or by agent , The 'Town of Dryden Zonhig Board of Appeals duly conducted said hearing on Tuo day June 3rd , 2008 with memberi present: Chairperson Oers Kelemen , Thomas Quinn , John Oc) odrow, and Mark klaybury - 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 : No unde.virable change is expected os a rexull of'the varlaroce a.s the vur-iance will rrllnw.Joo- the installation of only the porking thae iv +seeded for the two huildings, based on the applicanr 's ob.servatiox; ofparkmg operation atfnur olkr student housing buildings on ibir TC-3 campus. Adequaie parking will be provided on-site such ilex +7u parking of}=.site, such as on Farview Drive, should be expectod 1 he variance hill actually ollow for a reduct{on in the amouni of Ironpervinus area and grading and earthwork reqrrir•ed than would be numvsary r f the code-required parking ,spoces im7ere provided. M060n made by : Mark MRybury Second : Tam 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 : An a)-ea variance is fife only reermo1,se late applicant has to reduce the amount ofparking to be providcid wish the t,vo-budding development, as the requivement is a fu+7ction of the Town '.s Zoning Ordinance. Noticv Of D ion eels June 3", 2008 TC�3 Foundaation , lnc. -2lfi & 30 Farview Page Z of 3 Motion made by_ John Goodrary Second ; Toni Guinn Alt in favor C. IN CONSIDERING WHETHER THE REQUESTED AREA VARIANCE IS SUBSTANTIAL. THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS : The appltcanl %r requesfing a lotal reduction in parking of 96 spaces (48 spacLs per building) or a 36% reduclion Prow Me corm rcgulred amount of 168 spaces (134 spaces per building 3 F 6% �forar [ tiotasroth �may besubstan ol. the appfienw hos prrvided h�sloricaffach4ol based rr actual need for the aaaiouni ofparkrng to be provided. This is hale upon the aplrliraw 's observadons of the parking operations at the fOner other student housing buildings located al the site. (1 his is an enviromnewally better answer), ,Notion made by : John C; oodrow Second ; Mark Mayhury 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 BOARS] OF APPEALS FINDS AS FOLLOWS; No, the gr'opling of the val-ioace will actually a•educe the amount of lraapei-vious area to e cun.rtrarctud with the ,sruderel housing builds- When comporod to lhcc impr'ovc renents rime would he recluffed if the crude required parking were inslalled, tho variance will re uh in a re[hec'1irjn in the (1aaa ourr( of gr4jdFng and earthivork )-equired during construc on and a redamci ion in the aurouw of profecledposl-consir•uction slormwaler runoff, Motion IT ade by, Toin Quinn Second ; John Coodrow llJl in favor E. IN CONSIDERING WHETHER THE ALLEGED DIFFICULTY WAS SELFw CREATED. THE ZONING BOARD OF "PEALS FINDS AS FOLLOWS ; Yefs' It was se'created Motion made by. To in Quinn Second- John Caadrow All in favor THIS VARIANCE IS NOT SEAR EXEMPT but the Town Eogtrd has already determined it to be a bre"tive SEAR Isee ResolutYan # 36 from hearing in 2006) Motion made by_ Toni Quinu Second ; KarkMnyburv, All In favor Malian crude by Torn Quinn : (to grant the variance ors reguesfed) Sacand., John Good row All in favor ULCISTONr VARIANCE C; RAN I% Ell TG-3 granted and riinished $;0OPM Notiee Of Decision Juice 3rd. 200S TCv-3 Foundation , Ine, =26 8c 30 Farview Page 3 of 3 TOWN OF D .YDEN • D YDEN , NEW YORK 93 EAST LMAIN STREF'T, DRIDENT, REW YORK 13053 IJI 607_844-8888 option 2 In f e Heart. of'1he !roger Lakes Region Zoning* & Building Code Enforccmcrkr June 1 , 200 TC: -3 Foundation _ kc , Tlob Ross 170 IN' orth Street Drydeii, NY 13053 Re , Notice of Decision, Dryden ,T. ovvn Area Vananec request, 01m2OO8 Z , 26 & 30 Farview 1) rive, Dryden L7ear T -3 Foundation. In . Please hind enclosed the Notice of Decision, resulting from the variance hearing conducted by the ()rydct} ' I'o�krrj Tarung Board of Appeals on "1"uesday June 8' " , 2008 . Please note; this is not a hulIding permit, neikher is it an authorization to fail it) conform to the rcquiremet� is of any other appropriate agency havi rig jurisdictic1u over youx project or use . The attached notice ofdeciSion is, Drydeii Town Toiling authority to proceed with your proposal only , If the Toning goard of Appeals attached �uiy conditions tia this approval, such conditions are. }curt ofthic T�� ni�i � Variance and shall be conformed with . Failure to conform to any condition may cause the variance to be null and void _ If you should helve airy questions or desire further detail, please feel free io call our ofl Ice as necessary at 607 -$44- 8888 ext. 2; 16 from 8 00am #ill 4 : (}Op]n i� onday — Friday , Very truly yours , %7 pm_ ViR, Henry Sri , Slater; Cade Enforcement Officer Town of Dryden cc; ZBA-01 -2,008 ti TOWN OF DRYDEN • DRYDEN , NEW YORK 93 FAST tk4AVN STREET, DRYDEN , NEW YORK 13051 W 607-814-8888 option 2 In the Heat of dhe .1-'inger .Lrikei RvgrOn Zoning & Building Cede Enforcement CERTIFICATE OF ZONING COMPLIANCE This is to certify that TC = 3 Foundation, Inc . applied for a Dryden Town Zoning Permit for a proposed construction project described on the application for Zoning Permit No . ( 179 -2007 Z) At 26 & 30 Farview Drive , Dryden NY 13053 (within the Town of Drydenl , Tax Parcel # 37. - 1 = 10. 12 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 purpose of Dryden Town Zoning Ordinance Compliance only. The holder of this certificate is hereby advised , 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 authority to construct (2) R-2 residential (4) story student suite structures. The project use, student housing providing living quarters for more than 3 unrelated persons, by the provisions of Article 8 Section 802 subsection 802. 8 and other applicable ordinance requirements, is a use permitted by Special Use Permit. On January 91h, 2008 the Dryden Town Board conducted the required Special Use Permit hearing. At the conclusion of the hearing, the Town Board granted approval with specific conditions. (See Special Use Permit Resolution #37) This certificate is issued for the authority to construct at 26 & 30 Farview Drive an off street parking facility providing 177 spaces where a minimum of 268 are required. 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 * uyv, « JL , �X() e BY . �. Henry NT Slater, Zoning Officer