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Home My WebLink About2009-10-06 4' TOWN OF DRYDEN DRYDEN, NEW YORK A pi D11YDZN 93 EAST MAIN STREET, DRYDEN , NEW YORK 13053 rN or DRY,) (607) 844-8888 cxc 216 fax: 84�1-80Ut� Olt �N October 7, 2009 Mark Hulslander Brian Hulslander 946 & 948 Irish Settlement Road Freeville, NY 13068 Re : Notice of Decision, Dryden Town Area Variance Request, ZBA-07-2009 — Area Variance, parcel reconfiguration 2 Goodband Road, Freeville, NY 13068 Dear Mr. Mark Hulslander and Mr. Brian Hulslander Please find enclosed the Notice of Decision, resulting from the variance hearing conducted by the Dryden Town Zoning Board of Appeals on Tuesday October 6"', 2009 . • Please note, this is not a building permit, neither is it an authorization to fail to conform to the requirements of any other appropriate agency having jurisdiction over your project or use . The attached notice of decision is, Dryden Town Zoning authority to proceed with your N 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 . O If you should have any questions or desire further detail , please feet free to call our office as iE necessary at 607- 844-8888 ext. 216 from 8 : 00am till 4 : 00pm Monday — Friday. Very truly yours, Henry TSlater, Director of Building, Zoning and Planning Town of Dryden HMS/jmf cc : ZBA-07-2009 TOWN OF DRYDEN DRYDEN, NEW YORK fVOWN u, DRYDFN 93 FAST 2MAN ST x aT, DRYDEN, NEW YORK 13053 Ila (607) 8441 8888 ext : 216 fax 84�4-8008 CERTIFICATE OF ZONING COMPLIANCE This is to certify that Mark and Brian Hulslander applied for a Dryden Town Zoning Permit for a proposed construction project described on the application for Zoning Permit No . ( 105 - 2009 Z) At 2 Goodband Road, FreevUle , NY 13068 (within the Town of Dryden) . Tax Parcel # 63 . - 1m20. 2 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 . The variance beingrequested is an Area Variance q Hance to reconfigure 3 parcels all with road frontage. On October 6Lh, 2009 the Dryden Town Zoning Board of Appeals, (ZBA) met in session and granted this appeal on the condition that the boundary between lot #2 and lot #3 be fixed by a survey showing a minimum 15' side yard setback on lot #2 and to the satisfaction of the compliance officer consistent with Solution A on the application. Enclosed is the Notice of Decision. A building permit is 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 Dd) A�IS`,4 BY : Henry WOS41ater, Zoning Officer ® STATE OF NEW YORK* COUNTY OF TOMPKINS TOWN OF DRYDEN In the matter of the appeal of CERTIFICATE Mark Hulslander and Brian Hulslander The property located at 2 Goodband Road, Freeville (Town of Dryden Tax Map Parcel No . 63 . - 1 -20 . 1 ) 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 : Dryde , New York 10 13 , 2009 WILWO�� Oers Kelemen ® NOTICE OF DECISION AREA VARIANCE APPLICANT: Mark Hulslander and Brian Hulslander October 7, 2009 Chair Kelcmen : PLEASE TAKE NOTICE that the Zoning Board of Appeals of the Town of Dryden will conduct a Public Hearing to consider the application of Mark Hulslander and Brian Hulslander for an Area Variance, to reconfigure 2 parcels into 3 parcels all with road frontage at 2 Goodband Road, Freeville. SAID HEARING will be held on Tuesday October 61h, 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 6074444888 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: No. Where as before only one lot had road frontage now cis described in solution "A " all three will have direct frontage to Goodband Road. Motion made by : Oers Second : Tom 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 : No, The proposed Solution "A " as submitted by applicant is the best option in this Case. The three parcels are being reconfigured in such a way to create access to the road. Note : See "A" above . ® Motion made by : Tom Notice Of Decision October 7", 2009 Mark and Brian Hulslander I : Second : Flint All in favor ® Co IN CONSIDERING WHETHER THE REQUESTED AREA VARIANCE IS SUBSTANTIAL. THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS: Yes it is substantial. Motion made by : Tom Second : Mark 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 : There ►vill be essentially no change brought about by this proposal. Motion made by : Tom Second : Flint All in favor E. IN CONSIDERING WHETHER THE ALLEGED DIFFICULTY WAS SELF-CREATED. THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS : Yes it was! Motion made by : Tom Second : Mark All in favor THIS VARIANCE IS AN EXEMPT/ NON-EXEMPT ACTION UNDER SEQR SECTION 6NYCRR 617 Section 617. 5= c, Subsection 13 The project is also subject to 239 L&M Review under NVS General Municipal Law 239 Henry : 239 L &M is a regional review for certain actions that happen within given distances of certain things in this case Irish Settlement Road is a County Highway and any area variance that is proposed within 500 ' of a County Highway is subject to Regional Planning Review and in this case that would be the Tompldns County Planning Department, by 239 m3, 4b such county planning agency or regional planning agent shall have 30 days after receiving actions . They have had it 45 days and with 2 phone calls I still have no response. So therefore you are free to act as ® you want based on that knowledge. Notice Of Decision October 7i°, 2009 Mark and Brian Hulslander Conditions : This variance will be granted on the condition that the boundary between lot 92 and lot 43 be fixed by a survey showing a minimum 1 S ' side yard setback on lot 42 and to the satisfaction of the compliance officer consistent with ,Solution A on the application. Motion made by : Tom Second : Mark All in favor Flint moves that we grant the variance. Motion made by: Flint Second : Mark All in favor DECISION: VARIANCE GRANTED CONGRATULATIONS ! Meeting adjourned at 8 : 15 PM Notice Of Decision October 7` 'q 2009 Marl: and Brian Hulslander J TOWN OF DRYDEN Zoning Board of Appeals October 6t" , 2009 Members Present: Oers Kelemen , Thomas Quinn, Mark Maybury, Flint Brann , Natan Huffman , Absent • Excused * Randy Marcus - Town ZBA Attorney, Others Present : Henry Slater - Zoning & Code Enforcement, Recording Secretary - Joy Foster, Kristin Gutenberger ZBA Attorney for Randy Marcus Applicants : Mark Hulslander, 946Irish Settlement Rd Town Residents : done Meeting called to order at 7 : 30 PM. A !enda : Mark and Brian Hulslander of 946 & 948 Irish Settlement Road are seeking area variance authority to create a residential building lot at or about 2 Goodband Road. Oers : Reads the .Public Notice PLEASE TAKE NOTICE that the Zoning Board of Appeals of the Town of Dryden will conduct a Public Hearing to consider the application of Mark and Brian Hulslander for an Area Variance , to create a residential building lot at 2 Goodband Road , 'Town of Dryden with 85 ' at public road front where a minimum of 125 ' is required and are appealing Dryden Town Zoning Ordinance Section 803 . 1 to do so . SAID HEARING will be held on Tuesday September I °', 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. Today's meeting is a continuation of the September lot, 2009 meeting. Mark Hulslander shows ZBA Board his survey with the proposed re- configuration . The ZBA Board and the Attorney (Ms Gutenberger) and Henry Slater discuss the re- configuration , making everyone clear on exactly what Mr. Hulslander proposes to do. After much discussion the Board has an outcome. Oers : reads area variance questions ZBA- Minutes l o-6-a9 Hulslander-Irish Settlement Rd - I - 1 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. Where as before only one lot had road frontage now as described in .solution A all three will have direct frontage to Goodband Road. Motion made by : Oers Second : Tom 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 : A'o. The proposed Solution A as submitted by applicant is the best option in this care. The three parcels are being reconfigured in such a way to create access to the road. Note : See "A" above . Motion made by: Tom Second : Flint All in favor C. IN CONSIDERING WHETHER THE REQUESTED AREA VARIANCE IS SUBSTANTIAL. THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS: Yes it is substantial. Motion made by : Tom Second : Mark 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 : There will be essentially no change brought about by this proposal. Motion made by: Toni Second : Flint All in favor E. IN CONSIDERING WHETHER THE ALLEGED DIFFICULTY WAS SELF-CREATED. THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS: Yes it was! Motion made by : Tom 0 Second : Mark All in favor THIS VARIANCE IS AN EXEMPT/ NON-EXEMPT ACTION UNDER SEQR SECTION 6NYCRR 617 Section 617.5-c, Subsection 13 The project is also subject to 239 L& M Review under NYS General Municipal Law 239 Henry: 239 L,&M is a regional review for certain proposed actions within given distances of certain things in this case Irish Settlement Road is a County Highway. Any area variance that is proposed within 500 ' of a County highway is subject to Regional Planning Review and in this case that would be the Tompkins County Planning Department, by 239 m, 4b : such county planning agency or regional planning agent shall have 30 days after receiving actions. They have had it 45 days and with 2 phone calls I still have no response. So therefore you are free to act as you want based on that knowledge. Conditions : This variance will be granted on the condition that the boundary between lot 42 and lot 43 be axed h a serve .showin a minim-um 1 5 ' side and setback on lot #2 and to the f y survey showing y h satisfaction of the compliance gfricer consistent with Solution A on the application. Motion made by : Tom Second : Mark All in favor Flint moves that we grant the variance. Motion made by : Flint Second : Marls All in favor Variance Granted , congratulations ! Meeting adjourned at Be 15 PM