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HomeMy WebLinkAbout2009-08-04 TOWN OF DRYDEN Zoning Board of Appeals August 4` I' , 2009 Members Present : Thomas Quinn, Acting Chair, Mark Maybury, Flint Bran " Absent: Natan Huffman , Excused : Oers Kelemen , Randy Marcus - Town ZBA Attorney, Others Present: Henry Slater - Zoning & Code Enforcement, Recording Secretary - .Joy Foster J»licants: Jim and Debbi .Savino-61 Siouns !fill Road Town Residents : Meeting called to order at 7 :30 PM . Agenda : James and Debra Savino of 61 Simms Hill Road , for an Area Variance to construct a detached 14 ' K 34 ' Private garage at 20' from the center of Simms Hill Road where a minimum of 70 ' is required . a Tom Ouinn : Reads the Public 1Votice C PLEASE TAKE NOTICE that the Zoning Board of Appeals of the Town of Dryden will 3 - conduct a Public Hearing to consider the application of James and Debra Savino , 61 Simms d ' Hill Road , for an Area Variance to construct a detached 14' X 24' private garage at 20' from the center of Simms Hill Road where a minimum of 70' is required and are appealing Dryden Town Zoning Ordinance Section 754 . 1 to do so . SAID HEARING will be held on Tuesday August 4th , 2009 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 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. Quinn: to Savino 's anything else to add? Savino : wants to make a note of an error on the Public Notice, on his application he is asking for a .14 ' X 34 ' garage and on the notice it says 14 ' X 24 '. Attorney: Not a critical error, eueryone was given notice saying there would be a structure there and it 's the length it wouldn 't rnake it any closer. Quinn: to Joy have there been any correspondence from neighbors concerning this request. Joy: We haven 't heard anything negative or otherwise, only a response from Highway Superintendent Jack Bush. Quinn: reads into record the letter from .Jack Bush: (See below) 7_ 13A- Minutes A-4-09 Savino — 61 Simms Hill Rd . - 1 - f I �, +t�+�+►1+� _ s..'f� ��� Town of Dryden I-Itghway & DPW r 61 East Main Street .row'Nor DRrko) Dryden, New York 13053 Phone 607444-8888 c' mil l'ownt Fax 607.844-5188 July 23, 2009 / To: Henry Slater, Director of Building, Zoning, and Planning V From : Jack Bush Town of Dryden Highway 1 DP1V Superintendent Re: Area Variance for Savino at 61 Simms Hill Road, Dryden New Yor Dear Henry, received your correspondence dated July 21 , 2009. You have described a critical issue in regards to public highway right of way. Looking through your package 1 do not feel that allowing a structure to be built in the highway right of way can be justified. Using past reasoning such as the old shads up the road ® should not have any bearing on new construction in present time. Over the years roads have become wider and vehicles travel faster. In the letter signed by the Savino's the term "high-spud road" was used indicating they would agree that vehicles are moving faster. The Highway Superintendent is responsible for identifying potential hazards along the road way and bring them to the attention of other local officials and to make positive reoommendations for dealing with them. Clear zones are suggested for reducing the possibility of an out of control vehicle hitting an obstruction and possibly giving rise to a liability claim. I have mentioned the above briefly for your inforination. After visiting the site and basing my conclusions on the drawing showing the location of the garage and actual measurements I have discovered the following. A measurement was taken across the pave portion of the road which was approximately 21 ' . Splitting the measurement in half gives the approximate center of the road or 10' 6". Measuring from this center of the road" centerline" to the inside of the large maple trccs next to the east side of the house depicted in the drawing measures 26' . The drawing shows the garage being built behind the maple trees which indicates that the garage would not be in the public highway right of way. The drawing also shows a measurement of the garage being 20' from the 49centerline". 1 believe this measurement to be inaccurate and the Savino's may have meant from the edge of the road pavement. This discovery can only suggest to me that there is know issue with construction in the public highway right of way and the matter becomes the 70 ' minimum setback. ® If you have any questions I can be contacted at 844-8888 ext 237. Please pass this on to other interested parties. Thank you. CC: a-mail Mary Ann Sumner e-mail Mahlon Perkins e-mail Andrew Sciarabba e-mail Bambi Avery Quinn: To Henry so I take this letter form Jack to say , he has no issues with this? ® Henry : Correct , Mr. Savino can explain how he got his measurements . Savino: Well Im sure this is not the first measurement that 1 did wrong, I took the width of the road split it in half and i must have added wrong or forget to add the distance from the edge of the payment to the center of the road . I measured the width of the payment determined the center line laid my tape measure there and took measurements , my tape measure is only 25 ' long so I had to add and I probably forgot to add the other half of the road. Im sure Mr. Bush is right, as he did come out and measure and painted white marks on the road and my lawn and he does this kind of measuring all the time with his job , so Irn sure he is correct. Henry: If you look at in the aerial photo from 2006 , it is strange ghat the trees would be in the town right-a-way yet so far removed from the payment . And of course Jack measures things for a living so my guess is he knew what he was measuring. Quinn: anything the board would like to ask or have clarified ? Quinn: General feel of the board. Board has no problems with this . . . Quinn: I will close the public part of the hearing. 7 : 35 Quinn : reads area varia►ree 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 garage will sit back form the road further then the house and behind the existing trees and the new building will not create on undesirable change to the neighborhood. viotion made by : Mark Second : Flint 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 : See applicant 's answers: 11 None of them solve the problem. These alternatives all involve extending the existing driveway to over 100 ' or even more. Even disregarding the cost, this extra length. makes the snow situation much worse instead of better. 2) The sloped terrain multiplies the complexity and cost The terrain slope is steeply contoured on the south side, especially to the southwest so now the project starts to involve lots of fill, some engineered retaining walls, and staircases in addition walkways, and other considerations. The cost becomes prohibitive, and a project that still only arnounts to a I -car garage becomes ridiculous. There is no sense in spending lots of money on something that doesn't solve the problem. 3) Area drainage would be significantly altered. All the water draining ofJ'' the many acres uphill of us funnels right around the house to the; south side. Because of this natural condition, any garage anywhere on the south side is would involve extensive and costly drainage work, with unforeseeable consequences to our downhill neighbors. Motion made by : Tom Second : Mark All in favor Co IN CONSIDERING WHETHER THE REQUESTED AREA VARIANCE IS SUBSTANTIAL. THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS : Yes it is! Motion made by : Tom Second : Flint All in favor D. IN CONSIDERING WHETHER THE PROPOSED VARLANCE 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 , it does not cause an adverse affect or impact the physical or the environmental conditions because it is farther back than the road and the house; and it sits behind the existing trees. Motion made by : Mark Second : Tom All in favor E. IN CONSIDERING WHETHER THE ALLEGED DIFFICULTY WAS SELF—CREATED. THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS: Yes it is self created! Motion made by : Tom Second : Mark All in favor THIS VARIANCE IS AN EXEMPT/ NON-EXEMPT ACTION UNDER SEQR SECTION 617.5-c 12 & 13 The project is also exempt for 239 L &M Review under NVS General Municipal Law 239 L& ►VI as an area variance it does not exceed any 239 m -3 - b threshold . Flint: motions that ►ve approve this variance. Second : Tom All in favor Please see below, letter from T. G . Miller Engineers and Surveyors that came to our attention the next day, 8-5-09 added into record . Variance Granted , congratulations ! You can pick up your building permit tomorrow . Meeting adjourned at 7950 PM T.G. Millers letter on next page . . . V(�' David A. Herrick, P. E. G . MILLER P. C . Frank Dresser, L. S. T. k L. S2rttelli, P. F. Andrew J. Sciarabba, P.E. Engineers and Surveyors DarrinA. Brack, L, S. August 4 , 2009 Mr. Oers Kelemen Chairman Zoning Board of Appeals Town of Dryden 93 East Main Street Dryden, New York 13053 Re. ZBA Agenda for August 4, 2009 Savino Application Dear Mr. Kele.men: At the request of Mr. Henry Slater we have reviewed the Savino application for the tonight ' s meeting. We have no comments as the application does not include the extension of any Town services. Please call me if you have any questions or require additional information. Since re re , — 6ndre 1 . Sei a . • Town E i cr, cc : M. Sumner, Supervisor M. Perkins, 'town Attorney H. Slater, Director of Building, Zoning and Planning STATE OF NEW YORK: COUNTY OF TOMPKINS TOWN OF DRYDEN In the matter of the appeal of CERTIFICATE James and Debra Savino The property located at 61 Simms Hill Road, Dryden, NY 13053 (Town of Dryden Tax Map Parcel No . 36 . - 1 - 29 . 4) I, Thomas Quinn , (Acting) 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 : Drydep , New York , 2009 _ Thomas Q n NOTICE OF DECISION AREA VARIANCE APPLICANT: James and Debra Savino August 4th , 2009 Acting Chair Tom Quinn : 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 and Debra Savino , 61 Simms Hill Road, for an Area Variance to construct a detached 14' X 24' private garage at 20' from the center of Simms Hill Road where a minimum of 70 ' is required and are appealing Dryden Town Zoning Ordinance Section 754 . 1 to do so . SAID HEARING will be held on Tuesday August 4ch , 2009 at 7 :30 PM prevailing time at the Dryden Town Hall , 93 East Main St. Dryden NY , at which time all interested persons grill 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 garage will sit back fonn the mad further them the Arouse and behind the ® existing trees and the new building will not create an undesirable change to the neighborhood. Motion trade by : Mark Second : Flint 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 : See aAplicant's answers: 1) None of them solve the problem. These alternatives all involve extending the existing driveway to over 100 ' or even more. Even disregarding the cost, this extra length makes the snow situation much worse instead of better. 2) The shed terrain multiplies the complexity and cost. The terrain slope is steeply contoured on the south side, especially to the southrwest so now the project starts to involve lots of fill, some engineered retaining walls, and staircases in addition walkways, and other considerations. The cost becomes prohibitive, and a project that still only amounts to a. 1 -ear garage becomes ridiculous. There is no sense in spending lots of money on something that doesn 't solve the problem. 3) Area drainage would be significantly altered. Notice Of Decision August 4'h, 2009 Savino, 61 Simms Hill Road All the water draining off the many acres uphill of us funnels right around the house to the south side. Because of this natural condition, any garage anywhere on the south side would inuolue extensiue and costly drainage work, with unforeseeable consecpiences to our downhill neighbors. Motion made by: Tom Second : Mark All in favor C. IN CONSIDERING WHETHER THE REQUESTED AREA VARIANCE IS SUBSTANTIAL. THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS: Yes it is! Motion made by : Tom Second : Flint 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 : 1\' O , it does not cause an adverse affect or impact the physical or the environmental conditions because it is farther back than the road and the house and it sits behind the existing trees. Motion made by : Mark Second : Tom All in favor E. IN CONSIDERING WHETHER THE ALLEGED DIFFICULTY WAS SELF-CREATED. THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS : Yes it is self created! Motion made by : Tom Second : Mark N11 in favor THIS VARIANCE IS AN EXEMPT/ NOTE - EXEMPT ACTION UNDER SEQR SECTION 6 .17.5-c 12 & 13 The project is also exempt for 239 L & M Review under NYS General Municipal Law 239 L & M as an area variance it does not exceed any 239 m -3- b threshold. Flint: motions that wile approve this variance. Second : Tom All in favor DECISION : VARIANCE CREATED CONGRATULATIONS ! Notice Of Decision August 4'h, 2009 Savino, 61 Simms Hill Road