Loading...
HomeMy WebLinkAbout2010-07-13 TOWN OF DRYDEN Zoning Board of Appeals `` �•� hily 13to , 2010 Members Present: Chair Oers Kelemen , (Last night for Oers) Thomas Quinn , Flint Brann Absent: Mark Mavbury, Excused : Others Present : Dave Sprout - Zoning & Code Enforcement, Recording Secretary - Joy Foster, Attorney Jon Orlin for Kristin Gutenberger ZBA Attorney. Applicants : Tompkins Trust Co. ( L•" dward Clement contractor) and Nelson & Shirley Hogg Town Residents : No one in the audience. Meeting called to order at 7 : 34 PM . Aeenda : Tompkins Trust Co. of 139 N . Street, Dryden NY , seeks an area variance to extend facility's south drive-thru lane 2- feet which will create a 13-foot side-yard where a minimum of 15-feet is required . Nelson & Shirley Hogg, at 289 Bone Plain Road, area variance for a barn/garage closer than 70- feet from the center of the road at their home. ()crs: 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 Tompkins Trust Company 139 N. �l Street Dryden to extend that facility's south drive -thru lane 2-feet which will create a 13-foot side yard where a minimum of 15 -feet is required and are appealing Dryden Town Zoning Ordinance Article 12 Section 1206 .2 to do so . SAID HEARING will be held on Tuesday July 131h , 2010 at 7 : 30 PM prevailing time at: the `mil Dryden Town I•Iall , 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 . W 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 0 public hearing. _ O Oers : to applicant do you have anything further you would like us to know? Applicant : Edward Clement , we would like to extend the drive-thru as it is a danger to the customers, trailers and larger trucks have gotten stuck in that second lane and we like to trove that out 2-feet to widen the drive-thru. for larger vehicles, anti I am the contractor. Oers asks the Hoard if they have any questions? Tom : Are you going to rebuild the whole structure ? Applicant : no we are going to add 2 feet on to the end of it, we are going to knock out the one wall and what 's going back will be 6" round pipe painted Hunter Green and the actual wall that , ZBA- Minutes 7/ 13;2010 Tompkins Trust Co. & Hogg - 1 - is there now will be taken up to only within afoot of the underside of the roof so that can be seen through to allow light for customers at night. Tom : So there are 2 drive-up windows, a drive-up and an ATM? Applicant: There is a drive-up tuindow with an ATM just beyond and the other one is a machine where you put the canister to do your transactions and that is the Iane we are looking to widen by 2 feet. Flint: You 're not extending the canopy at all? Applicant: Yes we are extending the canopy. Tom to Joy: Have we heard any cornments from the community or property owner next store? Joy: No t.we have not heard arty corntnents on what they wish to do. Flint: This is zoned cornntercial area, correct ? Dave Sprout: yes It is a MA Zone ZBA Board : looks at pictures of the drive-thru and contractor shows where they will widen 2-feet and what they intend to do. Applicant: We are looking to just piggy-back onto the existing footing and build up, right now what 's holding that up is a concrete foundation with 12A block with anchor bolts in the top so we are just rrrinting what 's already there we are just going to move it out 2 feet, so we are actually ® going to mechanically tie into the exiting ,footing and just beef it tip by 2 feet. Existing footing will stay there and we are just going to add to it. Oers : to the hoard for general feeling? Board seems fine with what they have seen; no more question,; at this time. Oers : closes the hearing to the public 7: 4 .1 PM, Board will now discuss among their selves and answer the S questions. Oers : Reads into record the letter front Ed Marx of the Tompkins County Department of Planning Letter enclosed NOTE: INSERT MARX LETTER NEXT PAGE 2 I Tompkins County DEPARTMENT OF PLANNING 121 East Court Street fdvsvard C. Marx , A1CP Ithaca , New York 14850 Commissioner ol' Planning Telephone (607) 274-5 %0 and Public Works fax (607) 274- 5578 June 18 , 2010 Mr. Henry Slater. Zoning/Code Enforcement Officer Town of Dryden 93 East Main Street Dryden , NY 13053 Re . Review Pursuant to §239 -t and - m of the New York State General Municipal Law Action : Area Variance, Tompkins Trust Company, 139 North Street, Tax Parcel No. 38.- 1 -31 . 1 , Applicant, Tompkins Trust Company Dear Mr. Slater: ® This letter acknowledges your referral of the proposal identified above for review and comment by the 'Compkins County Planning Department pursuant to §239 -1 and -m of the New York State General Municipal I.aw . The Department has reviewed the proposal , as submitted, and has determined that it has no negative inter- community, or county-wide impacts . Please inform us of' your decision so that we can make it a part of the record . Sincerely, 1 Edwaru C. Nlarx , AiC15 Commissioner of Planning and Public Works Inchision through (Diversity NOTED : Attorney Jon Orkin states , that his firm has a substantial business relationship with Tong)kins Trust Co. NOTED: Flint Brann states , he has a fairly close relationship with Mr. Clement, 1 have known him for many rna.ny years. We are not actually step brothers but we did live in the same house many many years ago. Oers : to Flint , do you have current business relationships back and forth of a substantial nature? Flint : We do at times. Mr. Clement : my company actually sub-contracts to McPherson Builders frorn time to time (where Flint works) right now we are doing a subcontract project for them. Arid to be honest l had no idea that Flint was on this board. Attorney: suggests to Flint that lie excuse hirnself frorn this hearing due to his relationship with applicant. Board : discuses the fact that there is only 3 board members present tonight and if Flint excuses himself the hearing will have to be continued next month when more board members are present. Flint : Currently Mr . Clement is not working on any of my projects , Attorney : Are the two of you working together at this time? Flint and Mr. Clement: NO Attorney: What frequency do you have business relationships with? Flint: it 's on and off, they have done 2 projects for me. Attorney : In what span of time ? Flint : one last winter and one last summer. Flint : on the other hand my firm, usually floes most of To. Co. work. But we didn 't get called on this one. Flint: i will say i did not contact or have not spoken to Ed about this project. Tom : so for the record you feel you could still make a fair and impartial hearing. Flint : Oh absolutely. Attorney to Board : it is up to you as a Board to decide if Flint should stay. Oers: Feels it 's OK.for Flint to stay I don 't think it would be challenged, I believe they have not had any contact with each other what so ever over this meeting. Attorney : it is a venj srna.11 town and it gives an appearance of conflict. it is in. the record and has been discussed at some length. 3 I 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 : The proposed Mange a minor stnacha.ral c/uange to accommodate vehicles and. will wt otherivise impact the neighborhood. There has been no negative comment from adjacent property owners. Motion made by : Tom 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 FINDS AS FOLLOWS: Applicant cannot expand the driving lane towards the north as there is «/react/ an existing lane (ittaut lane) t/tat services the main building drive thna. window. The cost to do so would be out of the customers reach_ Motion made bv : Toni Second : Flint All in favor C . IN CONSIDERING WHETHER THE REQUESTED AREA VARIANCE IS SUBSTANTIAL. THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS: NO 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: Change twill be negligible 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 by: Flint Second : Tom All in favor • 4 THIS VARIANCE IS AN EXEMPT/ NON-EXEMPT ACTION UNDER SEQR SECTION (Type 11 Activity) NYCRR 612 Section 617. 5 —c (7) 239 IAM General Municipal Review and has been determined to have no negative intercomntunity or county-wide impacts. Flint moves that we grant the variance. Sccond : Tom All in favor 7 : 54 Variance Granted , congratulations ! 7 : 56 Oers reads into record the public hearing notice for the next case. PLEASE TAKE NOTICE that the Zoning Board of Appeals of the Town of Dryden will conduct a Public Hearing to consider the application of Nelson and Shirley Hogg of 289 Bone Plain Rd . Town of Dryden for an area variance to construct a detached barn / garage structure closer than 70 ' 15O11 from the center of the road at their home and arc appealing Dryden 'Town Zoning Ordinance Article 8 Section 804. 1 to do so. SAID 14EARING will be held on Tuesday July 13tb, 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. Noted : Tom Quinn states, that the applicant is an occasional customer to his poultry faritr. So we have minor business dealing as well. Arid it will not influence my decision. Ocrs: to applicant do you have anything f irther to add to Your application. Applicant Mr. Hogg : A month ago I was asking .for a variance at 63 '. Oers : This is a new application f.')r a new variance, we have not considered your previous application we are starting offfresh tonight. Hogg: With the granting Uf the previous variance I had the a cavatots come and the area that / wanted was heavily brushed and i couldn 't get a vety accurate measurement art the time. They came and cleared it and we laid it out, turned out that put the barn within 5 jeet of the power line . That power line runs very close to parallel to the road, so I was really caught at that point. That is the reason requesting this variance in order to get away, aty deed says 15 feet front power line, i have an easement float NYSEG. in order to satisfy that easement 1 have to be 50 feet fon the centerline in the road I was able to get in touch with NY.SEG and they toll! me I can get as close as lO feet instead of 15 feet from the power line and that includes the overhang of the roof and so I think / can move instead of 50 feet probably get another 3 feet back. I can a little afraid of specifying to tightly and get boxed in again. So if I ask fr)r 50 feet and I ended up 53 feet. Toni : ij'the variance is granted you are allowed to do the 50 fret if you chose to setback an additional 3 feet its no problem. Tom to Joy : Hcwe we heard cnry comments ? .Joy : A'o comments. Flint: It 's still hard to see, 1 just rode by this afternoon and it 's hard to see where you wart to plot this from the road. • 5 Tom : looking at drawing it inhere the barn is drawn in and it will actually be shifted it will no longer be in a straight line ►vilh the house ? Oe rs : are you on a straight stretch of road? Hogg : yes Bone Plain is straight. General feel of the hoard ? Board sees no problem with it, doesn ' t create any visual or other kind of hazard , a neiv holding on Bone Plain Road enhances the area. Members have driven by and seen the area. Meeting closed 8 :02 PM 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 : The proposed construction appears to enhance the character and appearance of the neighborhood. 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: Because the site to the Guest of the house is constrained by a slanting NYSEG easement. 15ft, existing ancient sugar maples and a lilac hedge that most likely dates from an old barn on the site. Applicant wishes to preserve these features by placing tine barn to tine west of the lilac hedge. Siting the barn in the area to the east. of the house also endangers ancient sugar maples but would necessitate removing a wooded area that presently buffers the house from the neighbors. Although it might be possible to build behind the house it would destroy the present view of fields and hills and it mould necessitate as the construction of a very long driveway. 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 Motion made by: Oers Second : Tom • All in favor 6 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 : Permitting this variance will help protect and preserve several mattire spruce trees, a very old lilac hedge and at least one ancient sugar maple that would have to be removed if the barn were set back further and consequently, closer to the house to satisfy the NYSEG easement. 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 is self unposed, however it is the best way to achieve the applicant 's goal and there will be no negative impacts otherwise in the neighborhood. Motion made by : Tom Second : Flint . All in favor THIS VARIANCE IS AN EXEMPT/ NON - EXEMPT SEQR and 239 exempt Motion made by: Tom that we grant this variance with NO conditionst Second : Flint All in favor Variance Granted , congrandalions! Tom : Before we adjourn front the nteetbtk► I 'd like the record to reflect the gratitude of my self and on behalf gal' the rest of the hoard for the efforts and line thal Oers has put in over the years and that he will be mused, we think he has been an important part of this for a very long tinte. Oers: Meeting adjourned at 8 : 25 PM • 7 TOWN OF DRYDEN DRYDEN, NSW YORK 10VJN o, DRY D � 93 EAST &UUN STREET, DRYDEN, NEW YORK 13053 ,� — NVN o, DRY (007) 844-8888 ext: 216 fix: 844-8008 N July 20 , 2010 Tompkins Trust Company PO Box 460 Ithaca, NY 14850 R.e : Notice of Decision, Dryden Town Area Variance Request ZBA -07-2010 — Area Variance 139 N . Street, Dryden NY Dear Tompkins Trust Company Please find enclosed the Notice of Decision, resulting from the variance hearing conducted by the Dryden Town Zoning Board of Appeals on Tuesday July 13 , 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 . 11' 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, ! ry) Henry M . ' later, Director of Building, Zoning and Planning Town of Dryden HNIS/j mf cc : ZBA- 07-2010 i e 1 STATE OF NEW YORK : COUNTY OF TOMPKINS TOWN OF DRYDEN In the matter of the appeal of CERTIFICATE Tompkins Trust Company The property located at 139 N . Street , Dryden NY 13053 (Town of Dryden Tax Map Parcel No . 38 . . 1 = 31 . 1 ) I , Oers Kelemen , Chairperson of the Town of Dryden ZONING BOARD OF APPEALS , do hereby certify pursuant to Mule 6 of the Rules of Procedure of such Board , that the foregoing are the findings of fact and decision approved by such Board on : i Dated : Dryde , New York , 2010 Oers Kelemen NOTICE OF IDECISION AREA VARIANCE APPLICANT : Tompkins Trust Company July 13 , 2010 PLEASE TAKE NOTICE that the Zoning Board of Appeals of the Town of Dryden will conduct a Public Hearing to consider the application of Tompkins Trust Company 139 N . Street Dryden to extend that facility's south drive-thru lane 2-feet which will create a 13400t side yard where a minimum of 154eet is required and are appealing Dryden Town Zoning Ordinance Article 12 Section 1206.2 to do so. SAID HEARING will beheld on Tuesday July 13th, 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 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. 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: The proposed change a minor structural change to accona nodate vehicles and will not otherwise impact the neighborhood, There has been no negative comment frorn adjacent property owners. Motion made by: Tom 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 : Applicant cannot expand the driving lane towards the north as there is already an existing lane (main lane) that services the main building drive tivr,r window. The cost to do so Mould be out of the customers reach. Motion made by : Torn Second : Flint All in favor C . IN CONSIDERING WHETHER THE REQUESTED AREA VARIANCE IS SUBSTANTIAL. THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS: NO Motion made by: Flint . Second : Torn .411 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 : Change will_ b.e negligible 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: YeSI ►Motion made by: Flint Second : Tom All in favor THIS VARIANCE IS AN EXEMPT/ NON- E,XEfv1PT ACTION UNDER SEQR SECTION (Tyne ❑ Activity) NVCRR 612 Section 617.5 —c (7) 239 L& M General Municipal Review and has been determined to have no negative intercommunity or county-wide impacts. Flint moves that we grant the variance. Second : Tom All in favor 7: 54 Variance Granted , congratulations ! TompkinsCounty r DEPARTMENT OF PLANNING 121 East Court Street l� Edward C. Marx, AICP Ithaca,-New„1York 14850 Commissioner of Planning a Telephone (607) 274-5560 and Public Works Fax (607) 274-SS78 June 18 , 2010 Mr. Henry Slater, 7onin&Code Enforcement Officer Tow7ii of Dryden 93 East Main Street Dryden, NY 13053 Re : Review Pursuant to §239 4 and -m of the New York State General Municipal Law Action : Area Variance, Tompkins Trust Company, 139 worth Street, Tax Parcel No. 38.-1 -31ell Applicant, Tompkins Trust Company Dear Mr. Slater: This letter acknowledges your referral of the proposal identified above for review and comment by the Tompkins County Planning Department pursuant to §239 -1 and -m of the New York State General Municipal Law. The Department has reviewed the proposal, as submitted; and has determined that it has no negative inter- community, or county-wide impacts . Please inform us of your decision so that we can make it a part of the record . Sincerely, Edward C. liviarx, AICP Commissioner of Planning and Public Works IncCusion through (Diversity TOWN OF DRYDEN DRYDEN, NEW YORK o,%VN DRrpFN 93 &AST tMAIN STRE404. DIOT)EN , NEW YOM 13053 KoWN o► DRYD) (607) 844-8888 ext: 216 fax: 844-8008 V CERTIFICATE OF ZONING COMPLIANCE This is to certify that Tompkins Trust Company applied for a Dryden Town Zoning Permit for a proposed construction project described on the application for Zoning Permit No ._(055-2010 Z ) At 139 N . Street , Dryden NY 13053 (within the Town of D denl Tax Parcel # 38 . 41 31 . 1 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 extend one lane of the drive4hru 2 feet, closer than the 15 feet required for a side or rear yard. On July 13, 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 cL � � i� BY : rn , Henry M . Sidter , Zoning Officer 1 TOWN OF DRYDEN - DRYUEN, NEW YORK �wri W DRYpp 93 LAST 1Ir11N STREET, DRYDLN, NEW YORK 13053 OWN o. DRYp N (607) 844-8888 exr: 216 fax: 844-8008 � RN July 20, 2010 Nelson and Shirley Hogg 289 Bone Plain Road hreeville, NY 13068 Re : Notice of Decision, Dryden 'Town Area Variance Request ZBA-07 -2010 — Area Variance 289 Bone Plain Road Dear Mr. & Mrs . Hogg; Please Find enclosed the Notice of Decision, resulting from the variance hearing conducted by the Dryden Toivn Zoning Board of Appeals on Tuesday July 13 , 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 'Toevn 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 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 14MS/j nif cc : ZBA-07-2010 STATE OF NEW YORK * COUNTY OF TOMPKINS TOWN OF DRYDEN In the matter of the appeal of CERTIFICATE Nelson & Shirley Hogg The property located at 289 Bone Plain Road, Freeville , NY 13068 (Town of Dryden Tax Map Marcel No . 29 . - 1 - 9 . 111 ) 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 : i Dated : Dryden New York 2010 Oers Memen 1 NOTICE OF DECISION AREA VARIANCE APPLICANT: Nelson & Shirley Hogg July 13 , 2010 PLEASE TAKE NOTICE that the Zoning Board of Appeals of the Town of Dryden will conduct a Public Hearing to consider the application of Nelson and Shirley Hogg of 289 Bone Plain Rd. Town of Dryden for an area variance to construct a detached barn/ garage structure closer than 70 ' L'1 from the center of the road at their home and are appealing Dryden Town Zoning Ordinance Article 8 Section 804. 1 to do so. SAID PIEARJNG will be held on Tuesday July 13th, 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. 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: The proposed construction appears to enhance the character and appearance of the neighborhood. �tMotion made by: Oers Second: Toni 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 : Because the site to the west of the house is constrained by a slanting NYSEG easement 15ft, , existing ancient sugar maples and a lilac hedge that most likely dates from an old barn on the site. Applicant wishes to preserve these features by placing the barn to the west of the lilac hedge. Siting the barn in the area to the east of the house also endangers ancient sugar maples but would necessitate rernoving a wooded area that presently buffers the house from the neighbors. Although it might be possible to build behind the house it would destroy the present view of fields and Pulls and it would necessitate as the construction of a vent long driveway. Motion made by: Toni Second: Flint All in favor C. IN CONSIDERING WHETHER THE REQUESTED AREA VARIANCE IS SUBSTANTIAL. THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS: ® Yes Motion made by: Oers 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: Pertnitting this variance tuilt help protect and preserve several mature spruce trees, a verij old lilac hedge and at least one ancient sugar maple that r.vould have to be rernoued if the barn were set back further and consequently, closer to the house to satisfy the NYSEG easement. 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 is self imposed, however it is the best way to achieve the applicant 's goal and there tvill be no negative impacts otherwise in the neighborhood. . Motion made by: Tom Sccond : Flint All in favor THIS VARIANCE IS AN EXENIF'T/ NON- EXEMPT SEAR and 239 exempt Motion made by: Tom that we grant this variance with NO conditions! Second : Flint All in favor THIS VARIANCE IS AN EXEMPT/ NON-1~,Yi IMPT AMON UNDER SEQR SEC_ `riON NYCRR 612 Section 617 . 5 —c ( 1- 2) & ( 13) This request is also exempt from 239 L& M General Municipal Review . Tom moves that we grant the variance. Second : Mark All in favor 7 : 50 Variance Granted , congratulations ! I TOWN OF DRYDEN DRYDEN, N EW YORK AM �p�YiJ or DRYIF� 93 FAST iN-1AIN S'1RFEcr, DRYDL'?N, NEW YORK 13053 OWN DRYDB (607) 844-8888 exr. 216 fax, 844-8008 N CERTIFICATE OF ZONING COMPLIANCE This is to certify that Nelson & Shirley Hogg applied for a Dryden Town Zoning Permit for a proposed construction project described on the application for Zoning Permit No . ( 046=2010 Z� At 289 Bone Plain Road, Freeville , NY 13068 (within the Town of Dryden Tax Parcel # 29. 41 9 . 111 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 q Variance, to build a detached barn/garage structure 50 feet from the center of the road than the required 70 feet. On July 13, 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 U� � BY : _ - ` Henry later, Zoning Officer I