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Home My WebLink About2008-07-08 k - TOWN OF DRYDEN Zoning Board of Appeals ' July .8rh, Zoos Members Present: Oers Kelemen, Chair, Thomas Quinn , Mark Maybury, John Goodrow Absent : Paul L.uhvak Excused : John Goodrow Others Present : Randy Marcus , Town ZBA Attorney & Christy ( utenberger, Henry Slater Zoning & Code Enforcement; Recording Secretary , Joy Foster Applicants : Hope Mandeville, hilie & Daniel Dean Town Residents : Gilbert Levine 71 Brooktondale Rd. Ithaca Meeting called to order at 7 : 35PM , Agenda : Hope Mandeville - Area Variance-to construct a 16 ' X 24 ' detached private garage closer than 70 'from the center of Brooktondale Road ' John C. Lowery, Inc -for relief of a S'epteinher 2005 Use variance Condition, ' WO outside storage ", of 80 Etna Lane. Moue Mandeville — Area Variance Chair Kelemen : PLEASE TAKE NOTICE that the Zoning Board of Appeals of the Town or Dryden will conduct a Public hlearing to consider the application of Hope Mandeville of 52 Brooktondale Road, for an Area Variance to constrict a 16 ' X 24 ' detached private garage closer than 70 ' from the center of Brooktondale Road appealing Dryden Town 'Zoning Ordinance Section 703 . 1 to do so . SAID HEARING will be held on Tuesday July 8th , 2008 al: 7 : 30 PM prevailing time at: the DTTden Town Hall , 0 East Maui St. Dryden NY, at which time all interested persons will be given an opportunity to be heard . Persons may appear in person or by agent. Individuals with visual , hearing or manual impairments and requiring assistance should contact the Town of Dryden at 607 -844- 8888 x 216 at least 48 hours prior to the time of the public hearing. C4 Oers : to Mandeville, do you have anything else to add besides your submitted documents at this I time ? ZBA- Minutes July W1, 2008 Mandeville R Lowery - 1 - page lofC ® Mandeville : bought my neighbor Gil Levine, I have talked to other neighbors and they are fine with everything. It seems like the only logical space it is flat and ifyou go down the hill anymore to be away from the center of the road it would interfere with the well and the well drainage. Oers : to board , any questions ? Quinn : you say it would make no never mind if you have to move it back a little ? Because l'it were OK with you to move it back then you wouldn 't need to be here ? Mandeville : Aro I didn 't mean buck from the road I meant back at an angle, can 't move .straight back because of'the well. Quinn : so it appears the only neighborhood response is fa %1orably and this is merely just building on the site as the other one except with a slightly larger structure. Mandeville: correct instead of 16 ' X 16 ' nosi; doing 16 ' X 24 '. Oers : to Gil Levine, you have a comment. Gil Levine : it would be an improvement in terms of looks to the property- Oers a to 7BA what is the general feeling? ® Quinn : It seems like it is just replacing a building that was already previously granted by a variance it 's not changing the conditions at all just making it slightly larger. Oers : 7: 42 PAS this closes the public part of this hearing. Oers : reads 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 : the plan included with the request is 16 ' X 24 ' close to the original footprint 16 ' X 16 '. We believe it will fit well into the character of the neighborhood, replacing what we have will be a big improvement. Additionally the new structure will allow for off-road parking (This is extracted front section A front the applicant 's request). 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: - 2 - ® The applicant ivould be unable to move the garage further downhill (envay fr•orn the road) because of the existing well and overflow drainage ditch ( it is an artesian well) which sit downhill from the existing garage. Also the terrain difference is substantial. The current location is the only flat area. Because of the terrain difference the new plans fit in well with the landscape. Motion made by : Tom Quinn Second : Mark Maybury All in favor C. IN CONSIDERING WHETHER THE REQUESTED AREA VARIANCE IS SUBSTANTIAL. THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS: Although it is substantial the previously board decided it is the only logical place, In 1982 board granted variance for the existing 16 ' X 16 ' garage Motion made by : Tom Quinn Second : Marl{ Maybury All in favor Oers reads- the letter fr•vin the Department of Planning, This letter acknowledges your referral of the proposal identified above for review and continent by the Tompkins County Planning Department pursuant to 239 L &W o_f the ArYS General Allunicipal Law. The Department has reviewed the proposal, as stnbmrtted, and has determined that it has no negative intercommunity or counly-wide impacts. 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: Oers reads - letter from the County Highway Department. A. letter addressed to Hope A4andeville, - 1 hope this information reaches you in a timely manner. The measurements of your buildings N E. wall reveals that the building is off-set 35. 5 +/- Ft. from the center of Brooktondale Road which is 10. 5 +/- Ft. outside of the old .State D. O. T. Boundary 111farker. The County Hihivuy Division does not object to your plan to replace the existing structure with a new structure having the some o&et measurements from the center of Brooktondale Road. Regards, Jerry Stern, TC Highway. The findings o f the ZBA in 1982 indicate that this is the best location for this building and from a letter by Jerry stern of T C Highway Department indicates that the structure as it exists does not encroach the right of the road. And it has to be this close to the road because of the steep slope further back on the lot. Motion made by : Tom Quinn Second: ,John Coodrow All in favor 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 : Mark Maybury Second : Tom Quinn All in favor THIS VARIANCE IS SEOR EXEMPT under the applicable provision of 6 NYCRR Part 617 Section 617 Subsection 617. 5 C . 12 + 13 Motion made by Tom Quinn : (to grant the variance as requested) Second: Mark Maybury All in favor hope Mandeville, granted and finished 8 : 05YM John C . Lowery, Inc. relief of September 2005 Use Variance Condition : Chair Kelemen : PLEASE TAKE NOTICE that the Zoning Board of Appeals of the Town of Dryden will conduct a Public I-Iea.ring to consider the application of John C . Lowery, Inc . for relief of September 2005 Use Variance Condition , " No outside storage" , at 80 Etna Lane . SAID HEARING will be held on Tuesday July 8th , 2008 at 7 : 45 PM prevailing time at the Dryden Town Hall , 93 East Main St. Dryden NY , at which time all interested persons «rill be given an opportunity to be heard . Persons may appear in person or by agent. Individuals with visual , hearing or manual impairments and requiring assistance should contact the Town of Dryden at 607 -844-8888 x 216 at least 48 hours prior to the time of the public hearing. Randall Marcus , ESQ, Legal Counsel for ZBA: Need to put on record that John C. Lowery, Inc. is a client of mine so I can not comment on any substance issues, as this has come up in the past, I'm. here to assist the board on steps and answer questions with regards to how the law treats the situation but cant get involved with the substance of their application. Quinn : to .,i4r. Dean (representing John C'. Lowery Inc.) were you aware of this condition when you first engaged this property. Mr. Deane Yes I made an inquiry about the property and brought that up in the beginning. That was contingent on my purchase offer to buy the property). Quinn : and what were you told? Dean : received a letter f om Henry Slater saying that basically 1 was good to go. . 4 - henry Slater: 1 didn t speak directly to the condition o_f the Variance just basically said you are ® responsible to carry it forward Quinn : 1 remember when we did this when Afodule Heat wanted to have that variance, I remember I was the one that insisted on no storage outside because I didn 't taunt to see it become a storage yard oj'any magnitude, and now after going by there a number of times although I did notice that you are storing .stuff there also I say in response to your replay your letters here its true that is really is pretty well hidden. I understand that the nature ofyour business is different then what the previous applicant needed and I also see the amount ofjobs that are being generated in the field and that is an important consideration to accommodate you if we can. So that being said I would like the board to know that I 'm in favor of passing on that condition to be made. There are fences and shrubbery and it is neatly stored Uers: Closing the public part of this Bearing 8: .10 PjW Randall Marcus, ESQ, Legal Counsel for Z13A - Its not an area variance and its actually not granted a variance at all, this falls into the 3,d and less common category you are not being asked to grant a Use Variance and you are not being asked to grant an Area Variance you basically are being asked for an interruption , interruption of then existing Use Variance that you guys granted and you are basically saying that the applicant either satisfy the condition of the existing Use Variance or do not can you see quite clear to eliminating one of those conditions or waiving one of those conditions. And there is no set question to be asked as it would be for• granting a Variance and there is no list of points that you need to address, like ® there is no menu to choose f oin it is more open ender!. So I think what you would want to put ® into the record is your determination that although there appeared to be a need for the condition for the previous Variance for whatever may have been sated. But you Haight find now that those reasons don 't exist anymore or that the applicant has addressed the condition in a different way to try to extract the points that torn Quinn made, that Tom was a component of this condition because there was a concern with what the property might look like or how it might impact the neighborhood or other properties . Henry : for example 'Tom since this was your baby maybe you would want to change the condition to " Outside storage " and limited to the storage ,yard. Quinn : Asks the board if they have any ideals or concerns ? Quinn : ! guess I would want the record to show that on re-examining the conditions of tlae current use of the properly that the new owner has indicated the intention to keep it well screened in order to be as little noticeably as possibly. ]feel comfortable asking the board to waive that condition. Randy : %just to be clear you are .suggesting that the condition be waived or that, the way the condition read originally in the Variance that was granted in September 6th, 2005 said granted and conditioned on till materials and waste stored on site or kept inside, so you can either waive that condition or as Henry suggested you can modify it to sety materials and waste .stored on site ® are kept screened with fencing, shrubbery as the current owner has provided. - 5 - Quinn : Then I say that we alter the condition as to allow the continued storage ofgoods as long ® as it is stored in an orderly fashion out of the public view, by use of landscaping and fence etc . . . Motion made by : Tom Quinn Second : Mark Maybury All in favor Oers to ivlr. Dean Congratulation ' s condition altered. NYS case law for appeals concludes that appears for interruption even though they involve board decision and are not actions subject to SLUR Meeting adjourned at 8 : 25 PM Respectfully submitted , Joy Foster Recording Secretary . 6 - 1 ® STATE OF NEW YORK* COUNTY OF TOMPKINS TOWN OF DRYDEN In the matter of the appeal of CERTIFICATE Hope Mandeville The property located at 52 Brooktondale Road, Ithaca , NY 14850 (Town of Dryden Tax Map Parcel No . 73 . - 4 - 9 ) I , Oers Kelemen, Chairperson of the Town of Dryden ZONING BOARD OF APPEALS , do hereby certify pursuant to Rule 6 of the Rules of Procedure of such Board , that the foregoing are the findings of fact and decision approved by such Board on : Dated : den , New York 2008 Oers Kelemen NOTICE OF DECISION AREA VARIANCE APPLICANT: Hope Mandeville July 8 , 2008 Chair Keleinen : PLEASE TAKE NOTICE that the Zoning Board of Appeals of the Town of Dryden will conduct: a Public Hearing to consider the application of Hope Mandeville of 52 Brooktondale Road, for an Area Variance to construct a 16 ' X 24 ' detached private garage closer than 70 ' from the center of Brooktondale Road appealing Dryden Town Zoning Ordinance Section 703 . 1 to do so . SAIL) HEARING will be held on Tuesday July 81h , 2008 at 7 : 30 PM prevailing time at the Dryden ToN+rn 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 . Individuals with visual , hearing or manual impairments and requiring assistance should contact the Town of Dryden at 607 -844= 8888 x 216 at least 48 hours prior to the time of the public hearing. 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 plan included with the request is 1 h ' X 24 ' close to the original f otprint 1 h ' X 16 '. We believe it will f t well into the character of the neighborhood, replacing what we have will be a big improvernent. Additionally the new structure will allow for• off-road parking ('Phis is e_rtracted from section A front the applicant 's request). Motion made by : Tom Guinn 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 applicant would be unable to move the garage further downhill (away from the road) because of the existing well and overflow drainage ditch ( it is an artesian well) which sit downhill from the existing garage. Notice Of Decision July 81A , 2008 Hope Mandeville - 52 Brooldondale Road, Ithaca Also the terrain difference is substantial. The current location is the only fat area. Because of the terrain difference the new plans fit in well with the landscape. Motion made by : Tom Quinn Second: Mark Maybury All in favor Co IN CONSIDERING WHETHER THE REQUESTED AREA VARIANCE IS SUBSTANTIAL. THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS : Although it is substantial the previously board decided it is the only logical place. In 1982 board granted variance for the existing 16 ' X 16 ' garage Motion made by : `hom Quinn Second : Mark Maybury All in favor Oers reads- the letter from the .Department of Planning, This letter acknowledges your ref real oj*the proposal identified above for review and comment by the Tompkins County Planning Department pursuant to 239 Uivl of the NY.S General Alfunicipal Law. The Department has reviewed the proposal, as submitted, and has determined that it has no negative interco»miunity or county-wide impacts. ® 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 : Oers reads - letter from the County Highway Department. A letter addressee! to !lope AVIandeville, - I hope this information reaches you in a timely manner. The measurements ofyour buildings ME wall reveals that the building is off-set 35. 5 +/- Ft. from the center of Brooktondale Road which is I0. 5 +% Ft, outside of the old State D. O. T. Boundary 119arker. The County Highway Division does not object to yore- plan to replace the existing structure with a new struchire having the .same otflset measurements ./ om the center o_fBrooktondale Road. Regards, Jerry Stern, TC Highway. The findings oj'the ZBA in 1982 indicate that this is the best location for this building and from a letter by .Ieriy stern of TC Highway Department indicates that the .structure as it exists does not encroach the right of the road. And it has to be this close to the road because oj*lhe sleep stope further back on the lot. Motion made by : Tom Quinn Second : John Coodrow All in favor Notice Of Decision July 8" , 2008 Hope Mandeville — 52 Brooktondale Road , Ithaca E. IN CONSIDERING WHETHER THE ALLEGED DIFFICULTY WAS SELF= CREATED. THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS : . es, it was self-created [Motion made by : Mark Maybury Second ; Torn Quinn Ali in favor THIS VARIANCE IS SMR EXEMPT under the applicable ,provision of 6_NYCRR Part 617 Section 617 Subsection 617. 5 C. 12 + 15 Motion made by Tom Quinn : (io graw the variance as requested) Secon • Nfark May buiry A [I in favor DECISION: VARIANCE GRANTED Notice {7fi llecIL it) IN July 81 h , 2008 Hope Nfandeville - 52 Brooktondale Road, ithaen 1 LiT V V1 S i V Joy Foster �D P From : " Hope !Mandeville" < hm16 comel1 . edu> To ; <zoning dryden , ny . us> Sent: Tuesday, May 20o 2008 2 , 00 PM Subject : lie: County Right Of Way at 52 Brooktondale Road Dear Henry, here is the none I received from Jerry Stern, TC: Highway , I've sent you the answers to the questions--and sent the certified letter, Thanks, Hopp Mandeville Date - Tut , 20 May 2008 From: , ",ferry Stern" <jqeuir oTnpLins- co .org> To : " Hope Mandeville" < mI6@cornel1 . edu Subject : Re : County R.IghT Of Way , Hello Hope, I hope this informat�ion preaches you in a timely manner, The mcas �iren,ents crf your buildings N 6E . walI reveals that the building is off-set '35 . 5 TI- Ft . from the center of Broolaoridale Rd . which is 10 . 5 +!- Ft, outside of the old State D .O .T. Boundary Marker. The County Highway Division does not object to your plan to eplace the existing structure with a new structure having the same evorffmset me umnaents from the center of Broaktondale Rd . If i can he of any further assistance please let me kno + _ Regards, Jt�ixy Stern / 1/2008 { Allen T. Fulkerson , L.3. David A , Herrick, PE . 1 Lae Dresser, -4 Frank L. Santelli , P. E . Andrew J. Sciarabba, PE , E n g ineers and Surveyors DarrinA . Brock, L. , June 26, 2008 r , Oers Kelemen, Chairman caning 'Scard of Appeals Town of Dryden 93 East Main Street Dryden , New `fork [ 3053 Fie . ZBA Agenda for July 8, 2008 Malitieville and Lowery ApplicatiUns Dear Mr , Kdemon -, At the requesl- of Mr_ Henry laLer we have rcviewecl the abenda items for the July 9, 2008 meeting , Wt have no comments as none of the applications include the extension of any Town services Please call me or David Putnam at our office if you have any questions or rcg4Mire� additional information , Sincerely,, -- �n�deew4Scarabea, P- 'Er- 31 Town ineer cc ; A'! _ Sumner, ,Supervisor M . Perkins, Town Attorney. H . Slater, Director of Building , Zoning and Planning 209 North Aurora Street ■ Ithaca , New York 14850 Telephone (607) 272- 477 ■ Fax (607) 273w6322 ■ www_tgmilliarpc.corn 1 � . 1• r. czar. T,Ornp �n �: ou�ity s> f Vi , EPN�EIT PrAP] ITar re ". r : ' % r. yir rf' F # Ithaca,�e:v Yti c A4850 Edward C. Marx, A1CP , commissioner of Planning Y5-. '' T Telephone (607) 274-5560 Lr and PuhlLt WorksFax (607) 274-5578 June 12, 2008 Henry Slater Director of 13u11ding, Zoning and Planning Cade Enforcement Officer Town of Dryden 93 East Main St Drydcn, NY 13053 VIA FACSIYULE AND MIAIL Re : review Pursuant to §239 �] and -m of the New York State General Municipal Law Action: ArCIL VHrlRjnce for Tax Parcel 73.- 9 Dear Mr, Slater: This letter aclCnoMedges YO4Gr referral of the proposal identified above for review and comment by the Tompkins County Planning Department purs �iant to § 239 -1 and -on of the New York State General Mk inicipai Law . The Department has reviewed the proposal , as submitted, and has determined that it has no negative i nter" canununity, or county-wide impacts, Picase inform us of your decision so that we can make it a part of the record . Sincerely, Edward C . Marx, AfCP Comm iSSIOTfer of Planning and Public Works Inclusion diro-ugh Diversity TOWN OF DRYDEN • DRYDEN , NEW YORK 93 LAST h-LAIN SwllkL ETA DR MEN, NE YORK 1 M53 1,07-84" 888 option 2 In ehe .Ffeurl of l& Finger Laker Re on Zoning & Building Codc Enforurment July 23 , 2008 Hope Mandeville 52 Brooktondale Road Ithaca, NY 14850 Rc : Niohce of Decision, Dryden Town Area VaTia.Txe, Request, 04 =2008 Z — 52 Brooktonda] e Road Dear t 1s . Mandeville : Please find enclosed the Notice of Doci ,� ion , resulting from the variance hearing conducted by the Dryden Town Zoning 'I3oard of" Appeals on Tuesday July 8"', 2008 . Please note, this is not a buildiing permit, neither is it an authorization to fail to conform to the requirements of any rather appropriate agency having jurisdiction over your project or use _ The atlaehed notice of decision is, Dryden Town oaring authority to proceed %Vith your proposal only . If the honing Board of Appeals Eittached any conditions to this approval , such conditions are part of the x)rning arl€lnce and shall be conformed with. Failure to conform to any condition may cause the X+arlance to be null and void . If you should have any queAloiis or desire further detail , please feel free to call our office as necessary at 6 07= 844 - 8888 ext . 2 16 from 8 : 00aan till 4 : 00prn Monday — Friday. Very truly yours , %;r 1�n � Lif Henry M. Slater, Code Fn.forcernent Officer Town of Dryden CC" BA-04 - 008 TOWN OF DRYDEN • DRYDEN , NEW YORK 93 EAST LNPW. N STREET, DRYDEN , NEW YORK 13053 ® 607-844-8888 option 2 1n the I-.feat7 of ibe Fin ger ,Lnkes Region Zoning & Building Code Enforcement July 23 , 2008 Jolul C . Lowery, Inc . 80 Etna Lane Freeville, NY 13068 Re : Notice of Decision, Dryden Town Relief of 2005 Use Variance Condition Request, 05 -2008 Z — 80 .Etna Lane, Freeville Dear Mr. Dean : Please find enclosed an altered 9-6-05 Notice of Decision, resulting from the discussion conducted by the Dryden Town Zoning Board of Appeals on Tuesday July 8 ` ', 2008 . Please note, this is not a building permit, neither is it an authorization to fail to confirm to the requirements of any other appropriate agency having jurisdiction over your project or use . The attached notice of decision is Dryden Town Zoningauthority to proceed with your � proposal only. If the Zoning Board of Appeals attached any conditions to this approval, such conditions are part of the Zoning Variance and shall be conformed with . Failure to conform to any condition may cause the variance to be null and void . If you should have any questions or desire further detail , please feel free to call our office as necessary at 607 - 844-8888 est. 216 from 8 : 00am till 4 : 00pm Monday — Friday . Very truly yours , o Heluy M . Slater, Code Enforcement Officer Town of Dryden cc : ZRA- 05 -2008 STATE OF NEW YORK4 COUNTY 01F 'I OMPKENS TOWN OF DR EN In the smatter of the appeal of CERTIFICATE Ryozard Wawak The property located at 80 Etna Lane , Fre lle (Town of Dryden Tax Map Parcel No 44 1 = 22 . 1 � I, Oars Reletnen , ha"i ersoD of the Town of Dryden ZONING BOARD 01P APPEALS, do hereby certify pursuant to Rule b of the Rules of Prooedure of such Board , that the foregoing are the findings of fact and decfsion approved by such Hoard on : Dated : Dryden , New York Date : , t 005 �er� �elemea .duly St" , 2 .B , reset in. session to APPROVED Ascuss and Ater the September 'h , 2005 condition # Concerning " Outside Storage " which was granted . (See E .hibit ` - 1 ) � � i . f ti , �, a , ekq ) NOTICE OF DECISION September 6, 2005 A public hearing was held to consider an application submitted by Ryszard Wawak of 41 Buck Road , who were asking for relief from Section 1702 & 751 of the Town of Dryden Zoning Ordinance . Applicant requested authority to convert an existing food distribution facility to light industrial and distribution at 80 Etna Road Freeville , New York 13068 . Said hearing was duly conducted by the Town of Dryden Zoning Board of Appeals on Tuesday September 6 , 2005 with members present: Chairperson Oers Kelemen , Thomas Quinn , David Sprout, Paul Lutwak and John Goodrow, USE VARIANCE APPLICANT : Wawixk A. THE APPLICANT CANNOT REALIZE A REASONABLE RETURN PROVIDED THAT LACK OF RETURN IS SUBSTANTIAL AS DEMONSTRATED BY COMPETENT FINANCIAL EVIDENCE: The board finds that the proposed use of this property is feasible and practical as demonstrated by applicants proposal and testimony of _ agent for owner . Permissible Uses Under Current Zoning were shown to be economically impractical as demonstrated by evidence submitted . Motion: Thomas Quinn Second : John Goodrow In Favor. 5 Opposed: 0 Be THE ALLEGED HARDSHIP RELATING TO THE PROPERTY IN QUESTION IS UNIQUE AND DOES NOT APPLY TO A SUBSTANTIAL PORTION OF THE DISTRICT OR NEIGHBORHOOD: There are no other parcels in the district that would invite application for a similar use variance . In addition the use of an existing building would maintain the value of the property that would be lost if changes are required tb be made to allow the building to be used in conformance with existing building . Motion : Oers Kelemen Second : Paul Lutwak In Favor: 5 Opposed: 0 Co THE REQUESTED USE VARIAACE IF GRANTED WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE NEIGHBORHOOD : The existing building will not undergo significant change . If the use variance is granted. The building has been in use for 18 years of a more intensive manner Motion: Thomas Quinn Second : John Goodrow ® In Favor: 5 Opposed: 0 a D • THE ALLEGED HARDSHIP HAS NOT SEEN SZLFwdREATEDm The building has been unoccupied for 12 years , The applicant has been hindered in by the current zoning and the use variiauce granted 1S years ago . Therefore the bardship was net beep, self created. Attached is a copy of a prior 1957 Use Variance See Exhibit P ( 1 ) . Matiou: Oers Kelemen Second: David Sprout Yn Favor: S Opposed: 0 THIS 'VARIANCE IS AN EJL MPTI 4�) ��- F�yEIMF'i ACTION UNDER SEQR SECTIGIN 6M5=e OF 1iYS SEOR seggjgtion, . 6m YC As an unlisted activity based vn a review of a short form SEQR Part # I document the facts of the appcal and a Part # 2 review, a negatire S9QR Declaration was provided. Motiaar Gera Kelemen Second: John Coodro Ia Favor: 5 Opposed : 0 DECISION: VARIANCE GRANTED with (2 ) GO1VI ITIONS MG410= Ders Keiemen Seconds, David Sprout In Favor; 5 Opposed: 0 CONDITIONS OF THE VARIANCE 1 . The conditions of this variance are contingent on the operation of the business as proposed by the applseamt in the materials (exhibit of 9 / 6105) p 2 , `hiix use variance is conditional that all materials and waste stored on site are kept inside . Allen T. Fulkerson , L.S. David A. Herrick, P. E. TT T Lee Dresser, L.S. , . . G . f t E P.C. Frank L. Santelli , P. E. ® Andrew J. Sciarabba, P. E. Engineers and Surveyors DarrinA, Brock, L. S. June 26, 2008 Mr. Oers Kelemen, Chairman Zoning Board of Appeals Town of Dryden 93 East Main Street Dryden, New York 13053 Re : ZBA Agenda for July 8, 2008 Mandeville and Lowery Applications Dear Mr. Kelemen : At (tie request of Mr. Henry later we have reviewed the agenda items for the July 8, 2008 meeting. q ry g ) We have no comments as none of the applications include the extension of any Town services Please call me or David Putnam at our office if you have any questions or require additional information. Sincerely, ndreVinecr 4. arab . Town cc : M . Sumner, Supervisor M . Perkins, Town Attorney H. Slater, Director of Building, Zoning and Planning 203 North Aurora Street . Ithaca , New York 14850 Telephone (607) 272-6477 ■ Fax (607) 273=6322 ■ www.tgmillerpc.00m F 0 124l2008 13 ' 28 FkX 607 271 5678 Tompkins Co Planning/MPO IM001 DAD il� ry 4i 41 � + ' ykM1 G771 fta S ; # , ' 1 Eai6#reet l ANNTNG : 1 r Edward Ca Mam ,41CF � � ..., . ,; '4 commissioner ofPlannin �' „ _ - Telephone (607) 274rSSW yr,.. ' sad Public �' wk Fax {60 74-5578 June 23 , 2009 Hcory Slater Director ofBnilding, Zoning and l'lanaing Code Enforcement Offices 1 Town of Dryden 93 East Main St Dryden , NBC 13053 VIA FACE AND 1VIAIL Re : Review Fursuant to §239 .1 and -m of the New York State General Municipal Law iAction: Use arian for ,7ohn . Lowery, Inc. at SUtua mane Dear Mr. Slater; TEs letter acknowledges your referral of the proposal identified above for review and comrned by the Tompk ins County P12"nning Dep'wment pursuani tQ § 39 4 and -rn of the New York State General Municipal Law. The Department has reviewed Iffie proposal,, as submitted, and has determined that it I has no negative interawmmunity, or county-wide imPacl . I iPlease infvrm us of your decision so that we can make it a park of the record, Sincerely, i Edward C , Marx, AICP Cornnu' su9oner of planning and Public Works i Inclwion through Diversity I