The URL can be used to link to this page

Home My WebLink About2010-03-12 TOWN OF DRYDEN DRYDEN , NEW YORK 1pHrt�t a URYpFN 13 l _1S"I' \ L11 \` STRUT, IaR�rDl \ \� 1 �� YORK 13i053 1675swiS a URY ( Q (607) 844- 8888 ext : 216 fax : &1 t-M08 AFN O Ole March 12 , 2010 Sara Barker / Elliott Swarthout 550 Valley Road Brooktondale, NY 14817 Re : Notice of Decision, Dryden Town Area Variance Request ZBA -3 -2010 — Area Variance 960 Snyder Hill Road, 'Town of Dryden Dear Ms Barker and Mr. Swarthout , Please find enclosed the Notice of Decision , resulting from the variance hearing conducted by the Dryden Town Zoning Board ot' Appeals on Tuesday March 2 "d , 2010 . Please note, this is not a building permit , neither is it Dui 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 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 teel free to call our office as necessary at 607444 -8888 ext. 216 from 8 : 00am till 4 : 00pm Monday — Friday . Very truly yours, �f We nn'X4- n, Henry M . Slater, Director of Building, Zoning and Planning 'town of Dryden HMS/jmf cc : ZBA-3 -2010 ® STATE OF NEW YORK: COUNTY OF TOMPKINS TOWN OF DRYDEN In the matter of the appeal of CERTIFICATE Sara Barker & Elliott Swarthout The property located at 960 Snyder Hill Road (Town of Dryden Tax Map Parcel No . 74 . - 1 - 25 ) 1 , Tom 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 : Dryden , New York / , 2010 Tom uinn 0 NOTICE OF DECISION ® AREA VARIANCE APPLICANT : Sara Barker & Elliott Swarthout March tad , 2010 Chair 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 Sara Barker / Elliott Swarthout for an Area Variance consideration to split an improved parcel between existing buildings providing less than the required 15 ft. side boundary at 960 Snyder Hill Road , Town .Of Dryden and are appealing Dryden Town Zoning Ordinance Article 7 Section 703 .2 to do so . SAID HEARING will be held on Tuesday March 2nd , 2010 , 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. detriment to nearby properties by granting the requested variance will be created the nearby neighborhood will not be ql ected. Motion made by : Natan 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 : It will not be possible for the applicant to achieve the desired change by means other than the proposed variance without removing one q/' the structures which ►voidd affect the f aure use of the property. Motion made by : Tom Second : Flint All in favor Notice Of Decision Marcl► 2 "d, 2010 Sara Barker / Elliott Swarthout Co IN CONSIDERING WHETHER THE REQUESTED AREA VARIANCE IS SUBSTANTIAL. THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS : Yes it is substantial av it is only 9 fi. of required 15 ft. Motion made by : Toni Second : Natan 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 : This variance will have no adverse effect or impact on the physical or environmental conditions in the neighborhood or district. Again no structures will be constructed or demolished and no wetland or water system impacted. We ask only for the setback distance from the shed to be lessened, to allow for the sale of the 2. 5 acre portion of the property and allow all existing structures to remain intact. Motion made by : Tom Second : Natan All in favor E. IN CONSIDERING WHETHER THE ALLEGED DIFFICULTY -C TY WAS SELF-CREATED, THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS : Yes ! Motion made by : Natan Second : Flint All in favor THIS VARIANCE IS AN EXk4NIPT/ NON. EXEMf' r ACTION UNDER SEAR SECTION NYCRR 617 Section 617A .Subsection 617 ( 12 ) x ( 13 ) "Phis request is also exempt from 239 LSONI General �ilunicilml Review . Natan moves that we grant the variance. Motion made by : Natan Second : Flint All in favor Variance Granted , congratulations ! Meeting adjourned at 7 : 55PM Notice Of Decision March 2nd, 2010 Sara barker / Elliott Swarthout TOWN OF .DRYDEN - DRYDEN, NEW YORK �pWN « ARYpF� 93 I�AST MAIN STREET, DRYDE.N , NLW Y01th 13053 (607) 84W- 8888 cxt : 216 fax: 844 -8008 �pWN a DAYp�N 0 CERTIFICATE OF ZONING COMPLIANCE This is to certify that Sara Barker & Elliott Swarthout applied for a Dryden Town Zoning Permit for a proposed construction project described on the application for Zoning Permit No . _( 00& 2010 Z1 At 960 Snyder Hill Road , Ithaca , NY (within the Town of Dryden ) . Tax Parcel # 74. = 1 = 25 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 . r 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 an Area Variance, the setback requirements of 15 feet, is proposed at 9 feet. This certificate is issued for the authority to establish a side yard boundary less than required between existing wood frame storage buildings with a side yard for parcel A providing 9 feet where 15 " is required. On March 2Rd, 2010 the Dryden Town Zoning Board of Appeals, (ZBA) met in session and granted this appeal. 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 Henry M . SI ter, Zoning Officer TOWN OF DRYDEN Zoning Board of Appeals is March 2 " d , 2010 Members Present : Thomas Quinn , Flint Brann , Natan Huffman , Absent : Mark Maybury , Excused : Oers Kelemen Others Presenh Henry Slater - Zoning & Code Enforcement , Recording Secretary - Joy Foster, Kristin Gutenberger ZBA Attorney for Randy Marcus Applicants : Sara Barker Town Residents : Randy Barker, Arlene Bradshaw Meeting called to order at 7 : 34 1'M . A ends : Sara Barker and Elliott Swarthout request an Area Variance consideration to split the parcel . Tom : Reads the Public iVulice ® PLEASE TAKE NOTICE that the Zoning Board of Appeals of the Town of Dryden will conduct a Public Hearing to consider the application of Sara Barker / Elliott Swarthout for an Area Variance consideration to split an improved parcel between existing buildings providing less than the required 15 ft . side boundary at 960 Snyder Hill Road , Town Of Dryden and are appealing Dryden Town Zoning Ordinance Article 7 Section 703 . 2 to do so . SAID HEARING will be held on Tuesday March 2na , 2010, 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 s 216 at least 48 hours prior to the time of the public hearing. Tom to applicant: Do you have anything to add ? Sara : We really feel it is important that Eve keep the shed and the pasture with the house. That would be most useful for that area, if we were to keep it we would have to split the pasture in a fashion to connect the garage. Tom_• so your map here doesn 't show any fence lines ? Sara: Shows the board the map where all the fences and structures are. She shows the green outline is a pasture shows the shed in question, and how they wish to keep and make the split. Map attached. See last page. t /_BA- Minutes 3 -2-2010 Barker-split property - I - Tom : asks did we hear from the neighbor at all? UHenry: says there were 2 people that called and they were in favor of and have no issues with this split. Arlene Bradshaw: Ms will not interfere with anything. Tom: asks the Board for their general feel? Board : has no questions. Tom : We will close this portion of the meeting to the public and the board will now answer the 5 questions for the area variance. Meeting closed to the public, Board will address the Area Variance Questions AWE 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 : :Vo. detriment to nearby properties by granting the requested variance will be created. The nearby neighborhood will not be affected Motion made by : Natan 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 : It will not be possible fur the applicant to achieve the desired change by means other than the proposed variance without removing one of the structures which would affect the f tture use of the property. Motion made by : Tom 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 as it is only J ft. ( Jf required 15 fi. Motion made by : Tom Second : Natan 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 : 7'his variance will have no adverse effect or impact on the physical or environmental conditions in the neighborhood or district. Again no structures will be constructed or demolished and no wetland or water system impacted We ask only for the setback distance from the shed to be lessened, to allow for the sale of the 2. 5 acre portion of the property and allow all existing structures to remain intact. 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 : Natan Second : Flint All in favor TNIs VARIANCE IS AN EXEMPT/ ICON - EXEMPT ACTION UNDER SEQR SECTION NYC' It12 617 Section 017 . 4 Subsection 617 ( 12 ) S ( 13) This request is also exeniht from 239 L & NI General Nfunicipal Review. Natan moves that we grant the variance. Motion made by : Natan Second : Flint All in favor Variance Granted , congratulations ! Meeting adjourned at 7 . 55PM 1 1 10 0 � a c i q rr 1 CD �1 m QCD Z a lo CD a m v ° c n �y C ' • o G � � t - a CD � N o m "P y, J Q jm� Ij •� . 14 a` n � t1 (PDr CD MM •• ' V/ or 7 10 t 1 . IF Jo A c G tl �'� • Y ';, n G CD 74 .V M. 5 a = � • 11 ' •Y � i 1'. � LJ C) , 1p 91 Aqv a i ' 11 ,� •' `fir �, • ;� ` � .� cr CD CD o" c ® a (' :lr , o a � t 7 � �o o tr, t9 ire .'7 C — a s 0 0 ° W OD Z _ n N 4 0 4- °-- 2� 0