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HomeMy WebLinkAbout2011-04-05 TOWN OF DRYDEN Zoning Board of Appeals ® April 5t ', 2011 lVlember3 Present: Chair Tom Quinn, Flint Brann, Mike Scott, Mark Maybury Absent: Deb Shigley Excused : Others Present: Dave Sprout - Zoning & Code Enforcement, Recording Secretary - Joy Foster, Attorney Mahlon Perkins, Mary Ann Sumner, Town Supervisor Amlicontse ETC Consulting4920 Slaterville Rd. (Crispells) & Dennis & Natalya Korandeyev456 Neimi Road Town Residents: Jeffrey Scheor, 507 Plum St. Syracuse NY, John Hall-Thurnhecr, 345 Curtis Rd, Ithaca NY, Dawn Smith, 1909 Slaterville Rd, Ithaca NY, Bob Mincluhy, 1102 Dryden Rd. Meeting culled to order at 7:30 PM. Agendn : Request for change of use for Crispells Auto 1920 Slaterville Road. Area Variance for subdivision at 156 Neimi Road. • Quinn: Reads the Public Notice PLEASE TAKE NOTICE that the Zoning Board of Appeals of the Town of Dryden will hold a Public Hearing to consider the application of ETC Consulting Machine Shop who is 'b requesting a 1702 determination for change of use from a service / retail use to a light 4d% industrial use. at Crispells Automotive located at 1920 Slaterville Road d� SAID HEARING will be held on Tue . April 5 , 2011 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 V opportunity to be heard . 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. Quinn: to applicant do you have anything further you would like us to know? Ben Gustafson , P.E. for Hunt Engineers, Architects & Surveyors, PC: he has prepared the site plan and has a large print-out to show the board. Highlighting how the use is now and how they propose the use to be. The existing automotive business serviced a variety of vehicles froth tractor trailers to buses to car, large and small equipment. There was lots of traffic during the day in and out of business. The bus line brought in several busses a day creating heavy truck traffic on the site. The building housed a small parts retail store to sell to clients and customers. Parking and pavement went into the state right-a-way. ISo in general we see this mechanic shop operating even as an industrial use in itself given the types of vehicles it serviced. You had environmental hazards from oil where there used to be ZBA- Minutes 4/5/2011 Crispells & Karandeyev - 1 - underground tarries from small gasoline depot that used to be there, A lot of these uses that Cripell used were "fed in the Towns Industrial Plaited Development area were listed as non restricted rises. [n contract our client is proposing to opera(e the automatiue shop converting it to a light industrial machine shop. The shop will produce very high qualityf high tech parts. It is a very high tech steel process. It's not large equipment it is a small precise machinery process, it is proprietary where are cannot say what we are producing at this time. The materials that will be used in the facility t ll be a small amount of water used for the cooling of the machines, and the water is reused and shipped off-site there are no chemicals used in the process, there are some oils but they are reused as uwli then shipped off to a processing site. it is a very en vironmental friendly high tech recycling process where we use steel. Vie business will employ appraox, 80 people 10 of those will be office personnel rest wili}rll as the business grows. People will be locally hired from this area. We are proposing to have all of the parking out of the state right-a-way and also out of the Town suet-back. Shows large draudng of building a ►td where purling will be and the site plant. WE are proposing 49 parking spaces. Town requires one parking space for ewry two employees. We will have handicap parking. There will be a large reduction of payment and will be returned to grass. The areas of entrances and parking pavement will be repay at this time, restoring approx. 30 of the pavement. We world reduce the amount of traffic having about Z3 deliveries a month. Steel adil be delivered and placed in a loading area in the buck an a concrete pad until neatly to go inside. The shipments o,f the products wall be shipped out by UPS trucks, Applicant is proposing to demolish this part of the existing structure (points to drawing) and rebuilding in the same footprint to make building useable for are office. The building will be given a now bole, making appearance more appealing to the customers. There will be new landscaping to help buffer from the residential praoperty, e are proposing to Irmprove the entrances off the state road, by making them narrower and better define therm. (Showing on draueing). Propose to mace a better traf)kPattern in and out of property, Planning on maintaining the existing sign and eventually adding another sign to the building keeping in Town code. Ikann: are you proposing a bits stop for the ernplogeesP' Crustafeon: NO Quinn* Are there underground storage tanks Gustafson, No they have been removed seaeral years ago. uinn& Where is the waste going to be stored? Gustafson: On the concrete pad in the rear of the building. Waste products are water based that will send away to be recycled. Br ann: this residential douse that is here is that a Flag-lot? Sprout: House has been therefor as longs as the parcel has been there, It is on a separate parcel it just has town frontage- WE will Jeep and mairttaIa the easement for drive-thru out of instead of theme needing to get a new entrance on state road, ® Quinn: these parts that you can 't talk about, are they automotive parts? Gustafson: no they are steel products not automotive. They are for different equipment. Quinn: Do these parts have a relationship to the . "Prackinq industry,,? ® Gustafson: NO Quinn: with the repaving that will come eventually? Gustafson: we are looking to do 30% now. Using standard asphalt. Quinn : running multiple shifts have you worked out noise issues? Gustafson: Main shift will be during the day and shifts get smaller into a skeleton crew at night. The equipment itself is not very noisy has a max of 90 decimals inside the building it is not damaging noise where you need ear protection. Once outside the noise is far less, as the building itself provides a lot of sound barrier. From the side boundary at most about SS decimals '. Brann: so you plan on running 24 hours a day? Gustafson: Yes Gustafson: we are not proposing any additional lighting there is a street light that we will maintain. ® Brann: So deliveries will be in the day? Gustafson: Deliveries will be most likely be 8am-Spm, Mon. - Fri. Paul Pagliaro: 13 Brooktondale Road: The 2 lights that are there now don 't have any shields and I like to watch the stars at night those lights are bright right into my back yard. Is there something you can do to shield them? Gustafson: we are proposing to maintain existing lights not increase the lighting, we can consider looking into improving on this. The lights that are on the building we will replace with a downward wall packs lights. Pagliaro: lighting needs shielding down, that is my biggest concern. Everything else you are proposing sounds great will be a wonderful improvement. Nancy Pagliaro: my question is about the water. Since we all are on well water, what is the volume of water you will be using in your production? Gustafson: about 200 gallons a month, not a huge amount most will be recycled again. Pagliaro: you said the entrances you are closing them down but they are still large enough to get tractor trailers into ? Gustafson: Yes Pagliaro: the T-Cat buses do stop therefor pick-ups. Just letting you know that. Buses pull out of Brooktondale Rd. and they do stop. Dawn Smith: what is the size of the property and any expansions? And will you dig a well for water? ® 3 l Gustafson: 19. 2 acres, and there will be no expansions. Re-using what is already there and improving it. No well, using what is already there, employees will drink bottled water. WE don 't anticipate using more water than previous. John Hall-Thrnheer: Project manager. Talks to neighbors about where well and septic are and working hours. They are talking among themselves in a group in the audience, I or the board can 't hear what they are talking about. Brann: 1 think 1 heard something about a water issue in that area, is that an issue? Neighbors: all at once say no we are all on wells and the wells are shallow so they are just wondering. Jackie O'Connor: (also didn't sign-in) 1922 Slaterville Road, 1 would like to see the property improved and it would be good for our community to have new jobs and bring in more industry to our town. 1 feel good about this project. Malhon Perkins: to Tom that he should close the public hearing. You can either take up the determination, finding of the determination now or attach any appropriate conditions or you can go on to the next public hearing and come back. Brann: what are the comments from County Planning if any? Sprout: the have no comments or concerns. P Y Quinn : 8: 1Opm we will close the public hearing and move on to discuss the Short Environmental O P 9 Assessment form SEAR process. ® 4 e I A Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM O For UNLISTED ACTIONS Only PART I - PROJECT INFORMATION (To be completed by Applicant or Project Sponsor) 1 . APPLICANT/SPONSOR: HUNT Engineers, Architects, Surveyors (obo ETC Consulting) 2. PROJECT NAME : ETC Consulting Machine Shop 3 , PROJECT LOCATION : Town of Dryden Municipality County: Tompkins County 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc. , or provide map) : 1920 Slaterville Road, Dryden NY 5 . PROPOSED ACTION IS : New Expansion Modification/alteration 6. DESCRIBE PROJECT BRIEFLY : Change of Use for existing light industrial automobile mechanics business that services buses, tractor-trailers, plows and other industrial equipment to similar or more restrictive a light industrial machine shop producing high . tech steel products with minimal environmental impact. ® 7. AMOUNT OF LAND AFFECTED : Initially 19 acres Ultimately 19 acres ® 8 . WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? Yes No If No, describe briefly: Nonconforming use, though it complies with Section 1702 of Town of Dryden Zoning Code. 9 . WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? Residential Industrial Commercial Agriculture Park/Forest/Open Space Other Describe : Residential dwellings , agricultural, rural area. There are also commercial/retail uses in the vicinity. The existing use of the parcel is a commercial/retail business that has many characteristics of an industrial use as it services buses and tractor-trailer. 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? Yes No If Yes, list agency(s) name and permit/approvals. 11 . DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? Yes No If Yes, list agency(s) name and permit/approvals : 5 A 12 . AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT APPROVAL REQUIRE MODIFICATION? Yes No wMMM ® I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS `!'RUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name : Date: Original form signed and dated by Ben Gustafson Signature : If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment Ouinn : as a Board we accept Part I as it was submitted to us, PART 1[I - IMPACT ASSESSMENT (To be completed by Lead Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.4? If yes, coordinate the review process and use the FULL EAF. Yes No ® B . WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617 .6? If No, a negative declaration may be superseded by another involved agency. ® Yes No ® C . COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING : (Answers may be handwritten, if legible) C 1 . Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal , potential for erosion, drainage or flooding problems? Explain briefly: No — proposal indicates less impact overall. wwomw C2. Aesthetic, agricultural , archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly : No-This will improve the aesthetics and overall character of the area. C3 . Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly : Now There will be no loss of habitat. C4. A community' s existing plans or goals as officially adopted , or a change in use or intensity of use of land or other natural resources? Explain briefly : This is consistent with future zoning. C5 . Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly : No negative impact is anticipated. C6. Long term, short term, cumulative, or other effects not identified in C I -05? Explain briefly : Nothing is anticipated . ® 6 aC7 . Other impacts (including changes in use of either quantity or type of energy)? Explain briefly: None D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? Yes No If Yes, explain briefly : E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMEN"CAL IMPACTS? Yes No If Yes, explain briefly: Flint motions : that this Board had determined that this project will have no adverse impact requiring a full environmental impact (EAF) or positive declaration and so we would issue a negative declaration. Second : Maybury All in favor Finding and determinations : ® STATE OF NEW YORK COUNTY OF TOMPKINS TOWN OF DRYDEN ZONING BOARD OF APPEALS In the Matter of the Application of ETC Consultants , LLC for Approval to Change a Non-Conforming use of the Property at 1920 Slaterville Rd . to Another Similar or More Restrictive Non-Conforming Use FINDING AND DETERMINATION FINDINGS 1 . This matter is an application by ETC Consultants, LLC for approval to utilize the Crispell Automotive, Inc. property at 1920 Slaterville Road (Tax Parcel No. 73 . - 24 . 2) ("the Property") as a light industrial machine shop to manufacture finished products from previously processed steel . 2 . The Property was used as a commercial garage and gasoline and diesel fuel station. Such use is not a use allowed in an RB Zone either as of right or by special permit. Such use is a legal non-conforming use. 3 . A non-conforming use may be changed to another similar or more restrictive nonconforming use with approval from the Town of Dryden Zoning Board of Appeals ("ZBA") under the Town of Dryden Zoning Ordinance (Section 1702) . 7 0 4 . A public hearing was held by the ZBA on April 5 , 2011 at the Town Hall . 5 . Proof of publication , posting and mailing of the Notice of Public Hearing were presented to the ZBA and directed to be bled with the Town Clerk . 6 . The most recent use of the Property was for the service of motor vehicles , including , to a large degree, trucks , buses , tractors and trailers . Such service included oil changes , lubrication , engine repairs, including major repairs and replacements , and vehicle body repairs and painting . 7. The Property was also used for the retail sale of parts , equipment, lubricants and gasoline and diesel fuel . Underground storage tanks were utilized in the former use . 8 . In connection with the recent uses of the Property, many vehicles including buses , trucks and tractor-trailers were temporarily stored on the Property while awaiting parts or until they could be serviced or repaired . The retail sale of parts , equipment, lubricants , and gasoline and diesel fuel produced vehicle trips to and from the property at various times the business was open . 9 . The applicant submitted a letter from its agent, Ben Gustafson of HUNT Engineers, Architects & Surveyors , PC (HUNT) dated February 24 , 2011 detailing the proposed use of the Property by the applicant. 10 . HUNT also submitted a letter dated March 23 , 2011 which detailed the proposed ® changes to the site and included two aerial representations of the "Existing Site Features" and " Proposed Site Features . " 11 . The ZBA has relied upon and accepts as true the statements made by HUNT in their letters and the aerial representations which were submitted , and the statements made by HUNT and other representatives of the applicant at the public hearing . 12 . The proposed use would employ up to approximately 85 people who would arrive once and leave once each work day. No representation of the number of employees who worked at Crispell Automotive , Inc. or the number of vehicles entering and exiting the property each day was made at the public hearing . 13 . The existing parking areas are sufficient to provide the required number of parking spaces. The proposed use contemplates returning approximately 10 , 000 square feet of existing pavement to grass cover. This will have the effect of creating an improved visual buffer to the Property. 14 . The size of the existing entrances onto NYS Route 79 will be reduced and more clearly defined . 8 e 15 . Existing parking does not meet current set back requirements . The proposed parking plan will meet the set back requirements. 16. There will be no changes to the building footprint. A concrete pad will be added to an area which is currently pavement. This pad is for the outdoor storage of steel used in the manufacturing of parts by the applicant. The pad will be screened by the building so there will be little or no visual impact. 17 . The proposed use contemplates infrequent (2-3 times a month) deliveries of steel by large trucks. Shipping of finished products will occur more frequently but will typically be by UPS or FedEx local delivery and pick up vans. 18 . The total traffic impact of the proposed use will likely be less than the former use. 19 . Scrap and used lubricating fluids from the manufacturing process will be less than the former use 20 . There will be less air pollution and noise from the proposed use since large diesel powered vehicles will not typically be entering or exiting the Property or remain idling for long periods of time. 21 . There will be no underground storage of hazardous substances in the proposed use. 22 . If the proposed use is approved , a future change to a less restrictive use is not permitted . DETERMINATION Based on the foregoing findings, the ZBA hereby determines that the proposed use of the Property as a light industrial machine shop, as represented by the applicant and HUNT, is a similar non-conforming use compared to the former non-conforming use and , in the sense that if the proposed use is approved , the proposed use will be a more restrictive non-conforming use in the future should a different non-conforming use be sought to be approved . The ZBA further determines that the following conditions are appropriate to this determination and are reasonable, necessary and consistent with the foregoing findings and determination: Conditions : 9) New liahtina installed on the exterior of the building be the downcast non- visually polluting type and that if possible the light over the roadway be rzeplaced with a similar one at such time when it is replaced Scott moves : that we adopt the findings and determinations as amended with (]) condition. Second: Maybury All in favor 9 ® Determination is conditional that new lighting be installed on the exterior of the building and be of the downcast non•visually polluting type and if possible the light over the roadway be replaced with a similar one at such time when it is replaced. e8 :46 PM Quinn reads next hearing: PLEASE TAKE NOTICE that the Zoning Board of Appeals of the Town of Dryden will hold a Public Hearing to consider the application of Denis & Natalya Karandeyev who are requesting 121 area, variances to create (22) lots on their 9-acre parcel for a total of (J lots They also are seeking relief of road frontage for parcel li 31 .- 1-27.21 at 156 Neimi Rd. SAID HEARING will be held on Tue . April 5, 2011 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 . 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. Denis Karandeyev : applicant for 156 Neimi Road asking for frontage, and request a variance for the short frontage also proposing for (2) additional lots to be graded on my lot as ►veil. Board: reviews application materials. Perkins: the standard that you are guided by, the language is the 5 items that you are guided by that 's the standard not what might be in the future but the current zoning law that requires 125 feet of frontage plus those standards. Brann: If we grant the second variance can we roll the first variance into that, basically nullify the first variance request. Because we would possible issue the variance on that 50 foot right-a- way. Perkins: there are (2) variances, one for each lot. Maybury : the common driveway is that going to stay with part one. Karandeyev: No that will be plowed by the 2 lots and maintained by the 2 properties in back. Maybury: so part one will have approx. 197. 5 feet? Board : reviews drawings of property. Richard Ellis: 148 Neimi Road: wondering what applicant is going to do with the ground water? His ditch right now in on my line and if he digs a ditch he will be on me. I understand he can't dig on me or plow snow on me. Board: looks at right-away and sees it is a 50 foot right-away and there should be plenty of room for ditch and to plow snow. Ellis: my land is right where the ditch is. 1 have a stone ditch that is 15'from his driveway but the property line is right on the edge of the ditch, he has dumped his gravel right there all the way up through. I understand he can use that but what will he do with the groundwater? I am a lot lower than those lots where he is going to build. I have the corner lot, 2 acres. I would think he will have to run pipes under the ditch, as he can't run the water on me. 10 • 0 Karandeyev: that area is very wet. Sprout: that area is a swamp and the County needs to approve a mad-cut. ® Board: discusses with Dave Sprout, applicant, Mr. Ellis and Mary Ann Sumner where driveway would go and they look at drawings and talk about the stormwater permit process. Quinn: so if we grant the variance it has to pass muster form the engineer, so that may solve the issue there because if we grant the variance and allow him to build on that lot he will have to submit for the permit and he could be rejected or advised into re-designing that area to adequately deal with run-off, so that may solve the problem right there. Quinn: to Mr. Ellis, even if we grant the variance the Code Enforcement will make requirements that may solve the run-off issue for you. Mr. Karandeyev may want to pitch the drive-way another way. Brann: to Mr. Ellis, his water from his property is not allowed to leave it and have it migrate to yours but that is not something we deal with, the Planning Department will have to approve. Perkins: let me point out one thing it's just not two and a half feet, one lot will be two and a half feet. He is asking for two lots on shared fifty feet. Quinn: so the first variance is to allow for a smaller frontage? Perkins: the frontage requirements for building lots currently is I25' minimum coverage, he wants to have (2) lots on 50 ' of frontage instead of 250' that's the variance. Question is who 's going to own the 50 ; is it going to be part 2 or part 3 and one is going to have an easement? Close the public hearing 9 :07pm Board : discusses with each other before answering the 5 questions. 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: There will be no negative impact to the neighborhood. Motion made by: Quinn Second: Brann 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 other way to create this second lot without a variance. Motion made by: Quinn Second: Maybury All In favor 11 Co IN CONSIDERING WHETHER THE REQUESTED AREA VARIANCE IS SUBSTANTIAL. 0 THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS: Yes it is substantial in that the alternate creation of a flag-lot would require a variance of only 2 % feet. ® Motion made by: Quinn Second: Scott 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 would be no negative effect on the neighborhood and it is keeping with the residential design guidelines of the Town and is consistent with the current zoning law before the board. Motion made by: Quinn Second: Brann 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: Scott Second: Brann All in favor THIS VARIANCE IS AN EXEMPT/ NON-EXEMPT ACTION UNDER SEQR SECTION (Type If Activity) N VCRR Section 617.5 —c 12 & 13 239 L& M General Municipal Review and has been determined to have no negative intercommunity or county-wide Impacts. Brann moves that we grant the area variance allowing 50' of frontage for a second lot on this properly. Second : Scott All in favor 9:35prn Variance Granted , congrOuInlionsl • 12 I STATE OF NEW YORK: COUNTY OF TOMPKINS TOWN OF DRYDEN ® In the matter of the appeal of CERTIFICATE Denis & Natalya Karandeyev The property located at 156 Neimi Road, Freeville NY (Town of Dryden Tax Map Parcel No . 31 . 41 27. 21 ) 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 : Dry en , New York q1 2 7 2011 Tom n • NOTICE OF DECISION AREA VARIANCE APPLICANT: Denis & Natalya Karandeyev ® April 26 , 2011 Chair Quinn : PLEASE TAKE NOTICE that the Zoning Board of Appeals of the Town of Dryden will hold a Public Hearing to consider the application of Denis & Natalya Karandeyev who are requesting.(2) area variances to create Q) lots on their 9-acre parcel for a total of (3) lots. They also are seeking relief of road frontage for parcel # 31 .4ee 27.21 at 156 Neimi Rd . SAID HEARING will be held on Tue. April 50 2011 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 . 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* 77zere will be no negative impact to the neighborhood. Motion made by: Quiiu► Second: Brann 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 other way to create this second lot without a variance. Motion made by: Quinn Second: Maybury 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 in that the alternate creation of a flag-lot Mould require a variance of only 2 V feet. Motion made by: Qulnn Second: Scott All in favor Notice Of Decision April 5, 2011 Denis & Natalya Karancleyev • 156 Nein►i Rd. Freeville I ® 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 would be no negative effect on the neighborhood and it is keeping with the residential design guidelines of the Town and is consistent with the current zoning law before the board. Motion made by: Quinn Second: Brann 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: Scott Second: Brann All In favor THIS VARIANCE IS AN EXEMPT/ NON-EXEMPT ACTION UNDER SEQR SECTION (Type II Activity) NYCRR Section 617.5 -c 12 & 13 239 L& M General Municipal Review and has been determined to have no negative intercommunity or county-wide impacts. Brann moves that we grant the area variance allowing 50' of frontage for a second lot oil this property. Second: Scott ® All In favor 9 :35pm Variance Granted, congratulations! Notice Of Decision April 5, 2011 Denis & Natalya Karandeyev • 156 Nelmi Rd. Freeville i• I ® STATE OF NEW YORK: COUNTY OF TOMPKINS TOWN OF DRYDEN ® In the matter of the appeal of CERTIFICATE ETC Consultants, LLC The property located at 1920 8laterville Road (Town of Dryden Tax Map Parcel No . 73 . -24. 2) 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 2011 TomQln I ® RESOLUTION # 1 — NEG SEAR DEC — 1702 Determination Zoning Board of Anneals offered the following resolution and asked for its adoption : WHEREAS , A. The proposed action involves consideration of the application of ETC Consultants.LLC to request approval to change a non-conforming use of the property t 1920 Slaterville Road, Be The proposed action is an Unlisted Action for which the Zoning Board of Appeals of the Town of Dryden is the lead agency for the purposes of uncoordinated environmental review in connection with approval by the Town . C . The Zoning Board of Appeals of the Town of Dryden, in performing the lead agency function for its independent and uncoordinated environmental review in accordance with Article 8 of the New York State Environmental Conservation Law — the State Environmental Quality Review Act "(SEQR), (i) thoroughly reviewed the Short (LONG or Short) Environmental Assessment Form (the "Short EAF"), Part I, and any and all other documents prepared and submitted with respect to this proposed action and its environmental review, (ii) thoroughly analyzed the potential relevant areas of environmental concern to determine if the proposed action may have a significant adverse impact on the environment, including the criteria identified in 6 NYCRR § 617.7(c), and (iii) completed the Short EAF, Part II ; • NOW, THEREFORE, BE 1T RESOLVED AS FOLLOWS : 1 . The Zoning Board of Appeals of the Town of Dryden, based upon (i) its thorough review of the Short EAF, Part I, and any and all other documents prepared and submitted with respect to this proposed action and its environmental review, (ii) its thorough review of the potential relevant areas of environmental concern to determine if the proposed action may have a significant adverse impact on the environment, including the criteria identified in 6 NYCRR §617. 7(c), and (iii) its completion of the Short EAF, Part 11, including the findings noted thereon (which findings are incorporated herein as if set forth at length), hereby makes a negative determination of environmental significance ("Negative Declaration") in accordance with SEQR for the above referenced proposed action, and determines that neither a full Environmental Assessment Form, nor an Environmental Impact Statement will be required, and 2. The Responsible Officer of the Zoning Board of Appeals of the Town of Dryden is hereby authorized and directed to complete and sign as required the determination of significance, confirming the foregoing Negative Declaration, which fully completed and signed Short EAF and determination of significance shall be incorporated by reference in this Resolution . ® Finding and determinations : ® STATE OF NEW YORK COUNTY OF TOMPKINS TOWN OF DRYDEN ZONING BOARD OF APPEALS In the Matter of the Application of ETC Consultants , LLC for Approval to Change a Non -Conforming use of the Property at 1920 Slaterville Rd . to Another Similar or More Restrictive Non-Conforming Use FINDING AND DETERMINATION FINDINGS 1 . This matter is an application by ETC Consultants , LLC for approval to utilize the Crispell Automotive , Inc. property at 1920 Slaterville Road (Tax Parcel No. 73 . - 2=4 . 2) ("the Property") as a light industrial machine shop to manufacture finished products from previously processed steel . 2 . The Property was used as a commercial garage and gasoline and diesel fuel • station . Such use is not a use allowed in an RB Zone either as of right or by special permit. Such use is a legal non-conforming use. 3 . A non-conforming use may be changed to another similar or more restrictive • nonconforming use with approval from the Town of Dryden Zoning Board of Appeals ("ZBA") under the Town of Dryden Zoning Ordinance (Section 1702) . 4 . A public hearing was held by the ZBA on April 5 , 2011 at the Town Hall , 5 . Proof of publication , posting and mailing of the Notice of Public Hearing were presented to the ZBA and directed to be filed with the Town Clerk . 6 . The most recent use of the Property was for the service of motor vehicles , including, to a large degree , trucks , buses, tractors and trailers. Such service included oil changes , lubrication , engine repairs , including major repairs and replacements, and vehicle body repairs and painting . 7 . The Property was also used for the retail sale of parts , equipment, lubricants and gasoline and diesel fuel . Underground storage tanks were utilized in the former use. 8 . In connection with the recent uses of the Property, many vehicles including buses , trucks and tractor4railers were temporarily stored on the Property while awaiting ® parts or until they could be serviced or repaired . The retail sale of parts , equipment, lubricants, and gasoline and diesel fuel produced vehicle trips to and from the property at various times the business was open . ® 9 . The applicant submitted a letter from its agent, Ben Gustafson of HUNT Engineers , Architects & Surveyors, PC (HUNT) dated February 24 , 2011 detailing the proposed use of the Property by the applicant. 10 . HUNT also submitted a letter dated March 23 , 2011 which detailed the proposed changes to the site and included two aerial representations of the "Existing Site Features" and " Proposed Site Features. " 11 . The ZBA has relied upon and accepts as true the statements made by HUNT in their letters and the aerial representations which were submitted , and the statements made by HUNT and other representatives of the applicant at the public hearing . 12 . The proposed use would employ up to approximately 85 people who would arrive once and leave once each work day. No representation of the number of employees who worked at Crispell Automotive, Inc. or the number of vehicles entering and exiting the property each day was made at the public hearing . S 13. The existing parking areas are sufficient to provide the required number of parking spaces . The proposed use contemplates returning approximately 10 , 000 square feet of existing pavement to grass cover. This will have the effect of creating an improved visual buffer to the Property. 14 . The size of the existing entrances onto NYS Route 79 will be reduced and more clearly defined . 15. Existing parking does not meet current set back requirements . The proposed parking plan will meet the set back requirements . 16 . There will be no changes to the building footprint. A concrete pad will be added to an area which is currently pavement. This pad is for the outdoor storage of steel used in the manufacturing of parts by the applicant. The pad will be screened by the building so there will be little or no visual impact. 17. The proposed use contemplates infrequent (2-3 times a month) deliveries of steel by large trucks . Shipping of finished products will occur more frequently but will typically be by UPS or FedEx local delivery and pick up vans . 18 . The total traffic impact of the proposed use will likely be less than the former use. ' 19. Scrap and used lubricating fluids from the manufacturing process will be less than the former use ® 20 . There will be less air pollution and noise from the proposed use since large diesel powered vehicles will not typically be entering or exiting the Property or remain idling for long periods of time. ® 21 . There will be no underground storage of hazardous substances in the proposed use. 22 . If the proposed use is approved , a future change to a less restrictive use is not permitted . DETERMINATION Based on the foregoing findings, the ZBA hereby determines that the proposed use of the Property as a light industrial machine shop, as represented by the applicant and HUNT, is a similar non-conforming use compared to the former non-conforming use and, in the sense that if the proposed use is approved , the proposed use will be a more restrictive non-conforming use in the future should a different non-conforming use be sought to be approved . The ZBA further determines that the following conditions are appropriate to this determination and are reasonable, necessary and consistent with the foregoing findings and determination: Conditions : ® 9) New Whttg installed on the exterior of the baildhaq be the downcast non4suall polluting type and that if possible the light over the roadway be replaced with a similar one at such time when it is replaced ® Scott moves : that we adopt the findings and determinations as amended with (]) condition. Second : Maybury All in favor