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Home My WebLink About2009-12-01 Ae!% TOWN OF DR DEN DRYDEN, NEW YORK ywra bRY 93 EAST i -L % l LN SIREiF'r, 1) RYDC, N , NF:.W YO1U< 13053 � (607) &44-8888 cxf; 2�1G faxL 8 44- 8008 pVJ 1 1 December 1 " , 2009 James and Margret Rol Ile 1781 Slaterville Road Dryden, NY 13053 Fie ; Notice of Decision, Dryden Town Area Variance Request , Z3A- 10 -2009 — Area Variance, front yard setback 171 Slaterville Road Dear Mr. and Ms RoICc, Please tired enclosed the Notice of Decision , resulting fro n the variance hearing conducted by the Dryden Town Zoning hoard o 1' Appeals an Tuesday December I A5 009 . Please note , this is not a building perrtlit , neither is it an authorisation to fail to conform to the reirecrits of any other appropriate agency leaving jk4risdicti tlum on over your project or use . The attached notice of decision is Dryden Town own Zoning authority to proceed with your proposal only . If the Zoning BaaW of AppeaIs attached any conditions to this approval , such conditions are part of the "Coning Variance and shall be conf6rnled with- Failure to conr~oml 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 07- 844 - 8888 ext . 21 From 8L00am till 4 : 00pm Monday — Friday - Very truly yours , i ti�� Elenry M . Slater, Director of Building , Zoning and Planning Tots of Dryden H i 1jmf cc . BA - 10- 2009 TOWN OF DR DEN DRYi) EN, NEW YORK �pW�*1 ° ;L AYp�r11! 93 I ASI L�� AI N STREET, DRYDEN , ENH . W YORK 13053 �oy�1y CIO 11 YD (607) 8�+�4-8888 extra 216 rsix; 8�4z4-8UO8 CERTIFICATE F ZONING COMPLIANCE This is to certify that James and Margret Rolfe applied for a Dryden Town Zoning Permit for a proposed construction project described on the application for Zoning Permit No , L147- 009 X At 1781 Slaterville Road Dlyden , NY within the Town of Dryden Drydenj , Tax Parcel # 72 . 4wl 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 array 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 being requested is are Areu Variance for a pre-existing non= conforming front yard setback. On December Is#, 2009 the Dryden Town Zoning Board of Appeals, ( BA) met I session and grranted this appeaIfor the replacement of a 10 ' 1 ' mudroom with a setback of 6 7'. 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 puns , and authorization to proceed with the construction phase of the project . DATE of ISSUE ! BY ; " � P Henry 'l _ Slater , Zoning Officer STATE OF NEW YORK: COUNTY OF TOMPKINS TOWN OF DRYDEN In the matter of the appeal of CERTIFICATE James and Margret Rolfe The property located at 1781 Slaterville Road, Dryden (Town of Dryden Tax Map Parcel No . 72 , 4- 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 : Dryden , New York ^ 2 . , 2009 C Y �- Oers Kelemen ® NOTICE OF DECISION AREA VARIANCE APPLICANT: James and Margret Rolfe December let , 2009 Chair Kelemen : PLEASE TAKE NOTICE that the Zoning Board of Appeals of the Town of Dryden will conduct a Public I•learing to consider the application of William Mark Todd agent for James Rolfe & Margaret Haskins for an Area Variance consideration to replace a non-conforming pre-existing mudroom with a larger room at 1781 Slaterville Road , Town Of Dryden . Front yard setback of 67 ' where 70' is required and are appealing Dryden Town Zoning Ordinance Section 703 . 1 to do so . SAID HEARING will be held on Tuesday December 161 , 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 . 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. If anything these changes seem to enhance the viewscape of the property and are miner in scope. Motion made by : Oers Second : Natan 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 existing structure is already noncompliant and the change is an improvement in safety and appearance. Motion made by : Tom ® Second : Flint All in favor Notice Of Decision December t ", 2009 James & Margret Rolfe C. IN CONSIDERING WHETHER THE REQUESTED AREA VARIANCE IS SUBSTANTIAL, THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS: ® No, the existing structure encroaches iir rnore than the proposed ,l p posed mudi•vonr would. Motion made by : Flint Second : Tom 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 project ►vill be an improvement. Motion made by : Tom Second : Natan 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 : Tom Second : Flint All in favor THIS VARIANCE IS AN LXEIVIPT/ NUN - EXEik1PT ACTION UNDER SEQR SECTION 6NYCRR 617 Section 617 . 5- c, Subsection 12 & 13 The project is also subject to 239 L& M Review under NYS General Municipal Law 239. The required 30 day comment period for County Planning has passed with no response. Tom moves that we grant the variance in anticipation of approval by the County Planning Motion made by : Tom Second : Flint All in favor ® Variance Granted , by super majority , congratulations ! Notice Of Decision December 1 ", 2009 James & Murgret Rolfe TOWN OF DRYDEN Zoning Board of Appeals December 1 , 2009 Members Present : Oers Kelemen, Thomas Quinn, Flint Brann , Natan Huffman, Absent: Excused : Mark Maybury, Others Presenh Henry Slater - Zoning & Code Enforcement, Recording Secretary - Joy Foster, Kristin Cutenberger ZBA Attorney for handy Marcus, William Mark Todd , Contractor for applicant. Applieants : .lames & Margret Rolfe, 1781 Slatcrville Road Town Residents : Alone Meeting called to order at 7 :30 PM . A enda • James & Margret Rolfe 1781 Slaterville Road , seek area variance to replace non-conforming front yard setback for replacement mudroom . Oers : Reads the Public Arotice ® 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 Mark Todd agent for James Rolfe & Margaret Haskins for an Area Variance consideration to replace a non- conforming pre-existing mudroom with a larger room at 1781 Slaterville Road , Town Of Dryden . Front yard setback of 67 ' where 70' is required and are appealing Dryden 'Town Zoning Ordinance Section 703 . 1 to do so . SAID HEARING will be held on Tuesday December let, 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 21. 6 at least 48 hours prior to the time of the public hearing. Oers to Kristin: County has not responded they have 30 days to do so, and 30 days tvill be up next week Dec. 9", , Can we decide on this hearing tonight? Kristin: Explains that yes you can decide tvith a contingent on the decision. Also if you »take a decision and the County comes back with a negative decision you are not bound with their decision it 's something you can take into consideration. Kristin: Also you have a super majority vote anyway, so your decision tonight would stand. Vote of 4. ® Z13A- Minutes 12- 1 -09 Rolfe-mudroom - I - Kristin, Henry and the Board discuss the super majority vote and the County's lack of responding to the 239 . Kristin , Henry and the Board decide that they will make a decision tonight. Board doesn't feel their decision will be an issue with anyone , public or the County . They feel comfortable moving ahead with this. Tom : moves that cue proceed without the recommendation of the County Planning Board. Flint: Second ALL in favor Oers : to applicant do you have anything else to add to your packet? Margret Rolfe : nothing more to add. Oers to the Board : do you have any questions? Board to Joy: Dave we heard anything from the neighbors? Joy: We have had no negative comments at all. Meeting closed to the public , Board will address the Area Variance Questions A-E 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. ff anything these changre.s seem to enhance the vie►vscape of the property and are minor in scope. Motion made by : Ocrs Second : Natan 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 : No, the existing structure is already noncornpliant and the change is an improvement in safety and appearance. 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 : No,, the existing structure encroaches far more than the proposed mudroom would. Motion made by : Flint Second : Tom 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 project will he an imrprovemeni. Motion made by : Tom Second : Natan 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 : Tom Second : Flint All in favor THIS VARIANCE IS AN EXEMPT/ NON - LX MPT ACTION UNDER SEQR SECTION 6NVCRR 617 Section 617.5-c, Subsection 12& 13 Tom moves that we grant the variance in anticipation of approval by the County Planning Motion made by : Tom Second : Flint All in favor Variance Cranted , by super majority, congratulations ! Meeting adjourned at 7 *50 PM