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Home My WebLink About2010-05-04 TOWN OF DRYDEN Zoning Board of Appeals May 41h120.10 Members Present: Thomas Quinn , Flint Brann , Mark Ma bury y . , Absent • Excused : Oers Kelemen Natan Huffman , Others Present: Henry Slater - Zoning & Code Enforcement , Recording Secretary - Joy Foster, Kristin Gutenberger ZBA Attorney for Randy Marcus , David Sprout Applicants : Duane & Katherine Gray and .Mane Miller & Mark Vallely d Town Residents : Kasey Gray, John Toney Meeting called to order at 7 :31 PM. Agenda : Duane & Katherine Gray 3 Nottingham Drive, requesting area variance to construct a detached private garage closer than 15 required feet from a side boundary. .lane Miller & Mark Vallely, 288 Beam Hill Road for an area variance to construct an addition to their home where part would be closer than the required 70 feet from center line. ' Tom : 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 Duane do Katherine Gray. 3 Nottingham Drive Town of Dryden for an area variance to construct a detached private garage (24' X 28 ') less than 15 feet from a side property boundary and are appealing Dryden Town Zoning Ordinance Article 7 Section 703 . 2 to do so. SAID HEARING will be held on Tuesday May 4tb , 2010 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 hegrd . 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. Tom to applicant : Do you have anything to rind? Gray's : Nothing further to add. Joy: We have heard nothing frorn the cont.rrtunity. Tom: We will close this portion of the meeting to the public and the hoard will now answer the 5 questions for the area variance. 7:35PAf Meeting closed to the public , Board wi11 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 ZBA- Minutes 5-4-2010 Grav and Miller - l - CREATED BY GRANTING OF THE AREA VARIANCE THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS . No because the structure will be constructed to match the house, including a gambrel styled roof and will be positioned in an aesthetically pleasing configuration. 7'he siding and roofing materials used will match the existing house and garage. Additionally, an existing 12 ' X 12 ' shed, that is even closer to the property line, will be removed. Motion made by : Tom Second : Mark 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: Due to the location of the well and septic systenn_s, and the need to be adjacent to the driveway, the proposed location is the most practical. Motion made by : Flint Second : Marl{ 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! O Motion made by : Mark 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 : The proposed structure :will replace a 12 ' X 20 ' shed, and will be on a flat area without streams and will not affect any natural features. 79ne proposed structure is riot significantly larger that the previous structure except that it will be two stories ttlll. 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 : Yesl Motion made by : Flint Second : Mark All in favor OTHIS VARIANCE IS AN EXEMPT/ NON -EXEMPT ACTION UNDER SEAR SECTION NVCRR 617 Section 617.5 —c Type 11 actions, (12) & ( 13) O from 9 L& M General Municipal Review. This request is also exempt fr 23 ) I p Mark moves that we grant the variance. Second : Flint All in favor 7 * 43 Variance Granted, congratulations ' Tom: Rg' w s 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 Jane Miller and Mark Vallely, 288 Beam Hill Road. Town of Dryden for an area variance to construct an addition to their existing single-family home which part of would be closer than the required 70 feet from the center of Beam Hill Road and are appealing Dryden Town Zoning Ordinance Article 8 Section 804. 1 to do so . SAID HEARING will be held on Tuesday May 4th, 2010 at 7:45 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. oTom to applicant : Do you. have anything further to addP Miller: Nothing further to add. John Tottey: closest neighbor has no objections to this project . Tom: We will close this portion of' lhe meeting to the public and the board will now answer the 5 questions for the area variance. 7:49AW 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 : Placing the addition to the south and southwest section of our property will not create an undesirable change to the neighborhood nor will it create a detrintent to nearby properties. The residence is the last house on the west side of Beant Hill !load (off Irish Settlement) before this road becomes a seasonal use road. Motion made by : Tom Second : Flint Ail 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 lrecaU$e the house will not be any closer than the current nonconforming, existing conditionL ® Motion made by : Flint 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 substantial; it will only be 43 ' rather than the 70 'from the centerline, Motion made by : Mark 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 : Placing the addition at the area we are requesting will not have ann adverse effect or impact on the physical or environmental conditions in the neighborhood or district.. Less than 2, 500 square feet of impervious surface will be affected and we are more than 1 , 000 feet frorn the closest stream. The house is located in a low density neighborhood. Motion made by : Tom Second : Flint All in favor OE. IN CONSIDERING WHETHER THE ALLEGED DIFFICULTY WAS SELF-CREATED. THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS: Yes! Motion made by : Mark Second : Flint All in favor `PHIS VARIANCE IS AN EXEMPT'/ NION - i xUMPT ACTION UNDER SEQR SECTION NYCRR 617 Section 617. 5 —c Type 11 actions, (12 ) & (13) This request is also exempt from 239 L& M General Municipal Review. Tom moves that we grant the variance. Second : Flint All in favor 8 : 00 Variance Granted , ci► ngratulations ! Meeting adjourned at 8 :00PM TOWN OF DRYDEN " DRYDEN, NEW YORK .�p�ulN ofpRypF 93 1 : 15'1' � L.11 \` S'1'R1 : 1 " [', DRY'17C: N , NEW YORK 13053 � (607) 844- 8888 exi : 216 fax : 844 -81)08 �pWx of DRYpFN May 171h , 2010 Duane & Katherine Gray 3 Nottingham Drive Ithaca , NY 14850 Re : Notice of Decision, Dryden Town Area Variance Request ZBA -05 - 2010 — Area Variance 3 Nottingham Drive, Ithaca Dear Mr. & Mrs . Gray, Please find enclosed the Notice of Decision , resulting from the variance hearing conducted by the Dryden Town Zoning Board of Appeals on '•fucsday May 4 "' . 2010 . 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 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 . 1f you should have any questions or desire further detail , please feel free to call our office as necessary at 607- 8444888 ext . 216 from 8 : 00am till 4 : 00pm Monday — Friday , Very truly yours , l-lenry M . ,Slater, Director of BUH (IIII Zoning and Planning Town of Dryden -iMS/imt' cc : ZBA -05 -2010 TOWN OF DRYDEN DRYDEN , NEW YORK Vo « bRyp 93 EAST LMAIN SCREL,* T, DRYDEN , NEW YORK 13053 � �' (607) 844 - 8888 ext. 216 fax : 844- 8ULi8 ,�pW1d or DRypFN CERTIFICATE OF ZONING COMPLIANCE This is to certify that Duane & Katherine Gray applied for a Dryden Town Zoning Permit for a proposed construction project described on the application for Zoning Permit No . ( 023 -2010 Z] At 3 Nottingham Drive , Ithaca , NY (within the Town of Dryden ) Tax Parcel # 74 * 4 " 19 . 37 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 being requested is an Area Variance, to construct a detached private garage (24 ' X 28 ') less than 15 feet (not less than 5 ') from a side property boundary. On May 4111, 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 1u« BY : (n?7zLoj� ' , %' Henry M . Slater , Zoning Officer STATE OF NEW YORK: COUNTY OF TOMPKINS 0 TOWN OF DRYDEN In the matter of the appeal of CERTIFICATE Duane & Katherine Gray The property located at 3 Nottingham Drive , Ithaca (Town of Dryden Tax Map Parcel No . 74 . - 1 = 19 . 37) I , 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 il�� Tom • NOTICE OF DECISION AREA VARIANCE APPLICANT: Duane & Katherine Gray May 171h , 2010 Chair Quinn , PLEASE TAKE NOTICE that the Zoning Board of Appeals of the Town of Dryden will condUta a Public Hearing to consider the application of Duane & Katherine Gray , 3 Nottingham Drive Town of Dryden for an area variance to construct a detached private garage ( 4 ' X 28 ' 1 less than IS feet from a side property boundary, and are appealing Dryden 'Town Zoning Ordinance Article 7 Section 703 .2 to do so, SAID HEARING will be held on Tuesday May 41h, 2010 at 7 : 30 PM prevailing time at the Dryden Town Hall , 93 least Main St . Dryden NY , at. which time all interested persons will be given an opport.rnity to be heard . Persons may appear in person or by agent. Individuals with visual , hearing or rnanual 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 because the structure will be a)nstructed to match the house, including a gambrel styled roof and will be positioned In art aesthetically pleasing configuration. The siding and roofing materials used will aratch the existing house and garage. Additionally, ern existing 12 ' X 12 ' shed, that is even closer to the property line, will be rentuued. Motion made by : Tom Second : Mark 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 : Due to the location of the tuell and septic sysierrts, Arid the need to be adjurent to the driveway, tite proposed location is the most practical. Motion made bv : Flint Second : Mark All in favor Notice Of Decision Nlay Xh, 2010 Duane & Katherine Gray 3 Nottingham Drive ® Co IN CONSIDERING WHETHER THE REQUESTED AREA VARIANCE IS SUBSTANTIAL, THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS: Yes, it is substarttial! Motion made by : Mark 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 : The proposed structure wi11 replace a 12 ' X 20' shed, and tuill be on a flat area without strearns aced will not affect any natural features. The proposed structure is not significantly larger that the previous structure except that it urill be two stories tall, 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 : Flint Second : Mark All in favor THIS VARIANCE IS AN EXEINI T/ NON - EXEMPT ACTION UNDE12 SEQR SECTION NYCRIl 617 Section 617 . 5 —c -Type II actions , ( 12 ) & ( 13 ) This request is also exempt froin 239 L& tM Gencral iI'lunicipal Review. Mark moves that we grant the variance. Second : Flint All in favor Notice Of Decision May 4ch, 2010 Duane & Katherine Gray 3 Nottingham Drive TOWN OF DRYDEN DRYDEN, NEW YORK ,SOWN o, DRYD�� 93 EAST LMAIN STR.EI T, DRYT) F_N , i�lF YORK 13053 IV DR t607) 844-8888 4w : 216 fax : 844 -8008 vlay 17"i, 2010 Jane M . Miller and Mark Vallely 288 Beam Hill Road Freeville, NY 13068 Re : Notice of Decision, Dryden Town Area Variance Request Z_ BA -04 - 2010 — Area Variance 288 Beam Hill Road . 'Town of Dryden Dear Ms Miller and Mr . Vallely , Please find enclosed the Notice ol' Decision , resulting from the variance hearing conducted by the Dryden 'Town Zoning Board of Appeals on Tuesday May 4 `r' , 2010. 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 authorityto proceed with our ! y 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 ext . 216 from 8 : 00am till 4 : 00pm Monday — Friday . Very truly yours, Henry M . Slater, Director of Building, Zoning and Planning Town of Dryden HMS/j III f cc : ZBA - 04 -2010 e A= TOWN OF DRYDEN DRYDEN , NEW YORK t�WN cr DRYD 93 EAST MAIN stint 1*"r, j)wMEN , NEW FORK 13053 t � OwN of D40 RYpEN (607) $ W- 8$88 exi _ 216 fax: 844 - 8008 CERTIFICATE OF ZONING COMPLIANCE This is to certify that Jane M . Miller and Mark Vallely applied for a Dryden Town Zoning Permit for a proposed construction project described on the application for Zoning Permit No . ( 022 -2010 Z ) At 288 Beam Hill Road, Freeville . NY (within the Town of Dryden ) Tax Parcel # 60 * - 1 -6 . 11 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 being requested is an Area Variance, to construct an addition to pre-existing single fami ly home where part of would be closer (44 '+/_) than the required 70 feet from the center of Beam Hill Road. On May 4=h, 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� I ��t�.�,.A.` J . � t " , _+) � 1 �f BY : . y I Henry Slater , Zoning Officer STATE OF NEW YORK : COUNTY OF TOMPKINS oTOWN OF DRYDEN In the matter of the appeal of CERTIFICATE Jane M . Miller and Mark Vallely The property located at 288 Beam Hill Road (Town of Dryden Tax Map Parcel No . 60 , M1 = 6 . 11 ) I , 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 : 0-Cl Dated : Dryden , New York 2010 Tom Qu n i 1 NOTICE OF DECISION OAREA VARIANCE APPLICANT: Jane M . Miller and Mark Vallely I I May 171h , 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 Jane Miller and Mark Vallely, 288 Beam Hill Road, Town of Dryden for an area variance to construct an addition to their existing single-family home which part of would be closer than the required 70 feet from the center of Beam Hill Road and are appealing Dryden Town Zoning Ordinance Article 8 Section 804. 1 to do so. SAID HEARING will be held on Tuesday May 4111 , 2010 at 7 :45 PM prevailing time at the Dryden 'rown Hall , 93 East Main 5t. 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 tinge of the public hearing_ Tom to applicant: Do you have anything further to add? • Miller: Nothing further to acid. John Tottey: closest neighbor has no objections to this project . Tom : We will close this portion of the ateetirul to the public and llte board twill now answer the 5 questions for the area variance. 7:49PM 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 : Placing the addition to the south and southtuest sertiolt of our property will not create an undesirable change to the neighborhood nor will it create a detriment to nearby properties. The residence is the last Ftc,use at the tuest side of Becuft Hill Road (off Irish Settleinerly bef)re this roud becomes a seasorial use road. Motion tnade by : 'Twin Second : Flint 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 tFINDS AS FOLLOWS : Notice of Decision Nei ay 0', 2010 Jane M . Miller and Mark Vallely No because the house will not be any closer than the current nonconforming, existing 19 condition. Motion made by : Flint 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 substantial; it twill only be 43 ' rather than the 70' front the centerline. Motion made by : Mark Second : Tom Ali 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 : Placing the uddition in the area we are requesting will not have an adverse effect or impact on the physical or environmtewal conditiorLs in the neighborhood or district. Less thart 2, 500 square feet of impervious surface twill be affected and ive are more thon 1 , 000 feet from the closest streamt . The house is located in a low density neighborhood. 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! Motion made bv : Mark Second : Flint All in favor THIS VARIANCE IS AN 116WIN'IPT/ NON - fAEMP"f AcnON UNDER SEQR SECTION NYCRR 617 Section 617 . 5 —c Type 11 actions , ( 12 ) & ( 13 ) This request is also exempt from 239 L & IN'I General tj'lunicipal ilevic�� . Tom moves that we grant the variance, Second : Flint All in favor Notice Of Decision May 01 2010 Jane tVl , Miller anti Mark Valleiv