Loading...
HomeMy WebLinkAbout2011-11-01 TOWN OF DR DEN Zoning Board of Appeals Nov. 1 , 2011 Members Present: Cltslr 'rorn uinn Flint Braun Mark Ma bur Q f f Y Y Absent: Mlke Scott & Deb Shigley 01hers Present: Dave Sprout - ZanIikg & Code Enforeemeut, Record Ing Secretary - Joy Foster Applicants: Charles Ackerman & Varna Cotninunity Association Town Residents : Charles Ackerman, Gary Bar helur, Janet Morgan, Geoff Putter, Darn Putter, Mark Bell Agenda : Area Variance for 202 Main Street, Freeville &. Aren Variance for 943 Dryden Rond, Ithaca. Meeting called to arderat 7:37 PM, Ouffim RLwdy the Pubfie N(7dce PLEASE TAKE NOTICE that the Zoning Board of Appeals for the Town of Dryden will hold a Public Hearing to consider the application of Charles Ackerman who is rggnest#ng_an_ Area Variance for =11af of Dryden Zoning Ordinance Section 703 .2 aide and rear yard aethack reg bLements, to place a shed within 3 ' of his rear lot lino at 202 Main St. Freaville NY. SAID HEARING will be held on Tue . Nov. 1 , 011 at 7:30PM prevailing time at the Dryden Town Hall , 93 East Main $t_ 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 IPast 48 hours prior to the time of the public hearing_ Quinn: to applicant do you have anything further you would like us to knot? Mir. Ackerman: No Quinn: Have we heard any kind of co»itntenis from the neighbors? sprout: No cotnrnerds (it alt Quinn: so this is for a Amish manufactured shod, for pkwenwnt, Arid your neighbors have all agreed with placement of this? Mr. Ackerman: Mark Anderson behind me and Mark on the side of me have all said yes. Quinn: Are you gatrtg to prat apad down tinder W1 Mr. Ackermaw Yes a gravel pad. Flint: to applicant showing hire a map and asking if these in frond of here are just all shrubs? � Mr. Ackerman, They are big pine trees, shield shed fronn the view of the mad. CP �r � f ZBA- Minutes Ackernion & Varna Comm. Center I I I � Quinn: to the Board do you have any questions or comments at this time? Do we have a sense of the Board of this issue? Is there anyone from the audience that would like to comment on this? Board : No questions or comments we are ready to proceed. Quinn: Then I will note close the public hearing portion and we will go into deliberations. Board: will address the Area Variance Questions A-E A. IN CONSIDERING WHETHER AN UNDESIRABLE CHANGE WOULD BE PRODUCED IN THE CHARACTER OF THE NEIGHBORHOOD OR DETRIMENT TO NEARBY PROPERTIES WILL BE CREATED BY GRANTING OF THE AREA VARIANCE THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS : No it will not produce any undesirable change. 71te placement of the shed will be hidden by existing trees. Motion made by: Maybury 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 by leaving the existing mature pine trees and allowing for space for re placement of septic system this seems like the only logical place for proposed shed. Motion made by : Brann Second: Quinn 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,• the required setbacks are 25 feet from the rear and 15 from the side, so the 3 feet is substantial. Motion made by: Quinn Second: Maybury All in favor D. IN CONSIDERING WHETHER THE PROPOSED VARIANCE WILL HAVE AN ADVERSE EFFECT OR IMPACT ON THE PHYSICAL OR ENVIRONMENTAL CONDITIONS IN THE NEIGHBORHOOD OR DISTRICT. THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS: No the shed is in keeping with similar buildings on nearby lots and will not impact the environment or the neighborhood, Motion made by: Quinn Second: Brann All in favor • 2 • E. IN CONSIDERING WHETHER THE ALLEGED DIFFICULTY WAS SELF-CREATED. THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS: Yes it is. Motion made by: Maybury Second: Quinn All in favor THIS VARIANCE IS AN EXEMPT/ NON-EXEMPT ACTION UNDER SEQR SECTION (Type 11 action) SEQR Part 617 Section 617.5 -c Brann moves that we grant the area variance for this project without conditions. Motion made by: Brann Second : Maybury All in favor Variance Granted, congratulations! 7:50PM Quinn: Ok moving right along to the next applicant. PLEASE TAKE NOTICE that the Zoning Board of Appeals for the Town of Dryden will hold a Public Hearing to consider the application of Varna Community Association who is requesting an Area Variance for relief of Dryden Zoning Ordinance Section 804.2 side and rear setback requirements, to build a pavilion within 4' of the side lot line at 943 Dryden Road. SAID HEARING will be held on Tue . Nov. 1 , 2011 at 7:45PM 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. Quinn: to applicant do you have anything further you would like us to know? Dawn Potter: other than that ourproperty is unusual, that we have a divider between Mark Bells property, we have a 20' setback with a concrete wall, we haven 't had any neg. comments from the neighbors that I'm aware of and we have spoken with parties on both sides. Brann: 'this says cooler / freezer? Potter: we have a walk-in cooler/freezer that is like $18, 000 we also have a generator, these things are all sitting outside in the elements, and we have to call repairmen often because of the weather causing cooler/freezer to not work correctly. WE want to get them under cover, doing that will cover the sidewalk as well as give us a area outside in the back where we could put a picnic table, people with a wedding reception or children 's parties could enjoy being outside and not in the sun or weather. • 3 • ® Quinn: SO the community center is available to the public to use, and do you charge a fee for that? ® Potter: Sometimes and sometimes not. AA meets there with about 50 people that come every week and that is on a donation base. WE try to accommodate the community. Quinn: to Dave Sprout, have we heard from anyone with comments/concerns? Sprout: No, we haven 't heard from anybody. Brann: is this residential or is this commercial area? Sprout.a it is commercial RC Zone Brann: and the setbacks are still that high for commercial areas? Sprout: yes Quinn: Anyone from the audience have any comments? Mark Bell: My property joins theirs; I'm the closest party involved. I would like to see drawings as to what the project is and where. My concern is does it really have to be that big? Potter: To answer your question as to does it have to be that big? Or does it need to be? NO. but f we are going to do this it's nice to be able to do it the best you can with the funds available, arid given the fact that we can do it this size, with the cover for the people for outside is an added bonus. Bell: my concern is the fairness to my tenants who will be about 15 feet from this undercover pavilion, and if you get a bunch of people they can start getting loud, and if there is drinking it • will become a nuisance. I have no problem with covering the cooler and generator, it's the other scope of it that bothers me, I just don 't want it to become what you what it to become. Potter: when we have had wedding/parties that had alcohol, we had canopies/ tents setup out back. All the alcohol was outside and it did not create an issue. I have not heard ever of a problem. Bell: it doesn 't have to be alcohol its smoking, and loud noise. I'm concerned about summer time with windows open and this possibly creating noise etc, that 's my concern. Quinn: 1 need to remind you that out job on the ZBA we can only address the question of the setback and whether or not there are disagreements about what's going there has nothing to do with the scope of what we deal with. So the question we have to answer or stay focused on has to do with the setback you know the placement of the building of what's being proposed. Although we certainly would like to see the meeting of the rinds that everybody is happy with.. The ZBA is so limited in the focus of what we can do, your comments although appreciated don't speak to the request for setback. WE are not okaying any certain type of building we are only granting permission to place a building and what ends up there is now up to the Code Officer office. So if we grant a variance 1'd like to know we did a good thing for the neighborhood. So the type of roof they want to put up there doesn 't have much to do with us it 's really where that roof is. • Applicant and Mark Bell talk about the project and look at plans and drawings, they are in the audience talking to each, other, 1 or the board cannot hear what they are really talking about. 4 ® Sprout and the Board are talking and looking at plans as well at the some time. SO whatever they are saying is not on record. Quinn: If there are no further comments then I will now close the public hearing portion and we will go into deliberations. Quinn: to the board what 's the general feel of the board' Board : all is fine and ready to answer questions. 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 the character of the neighborhood will not be changed by this but the runoff of this will need to be directed away from adjacent property. Motion made by: Quinn Second: Maybury 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 it seems to be the only practical solution to covering the equipment. • Motion made by: Quinn Second: Brann 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. Motion made by: Maybury Second: Brann 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 project could cause extra runoff that might affect the adjacent properly and will need to be addressed by the builder. Motion made by: Quinn Second : Brann All in favor 5 r ® E. IN CONSIDERING WHETHER THE ALLEGED DIFFICULTY WAS SELF-CREATED. THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS: Yes it is. AMotion made by: Brann Second: Quinn All in favor THIS VARIANCE IS AN EXEMPT/ NON-EXEMPT ACTION UNDER SEQR SECTION (Type 11 action) SEQR 6NYCRR Part 617 Section 617.5 —c Quinn moves that we grant the area variance with the following condition a) Gutters with downspouts permanently attached to solid under drain led away from adjacent property. Motion made by : Quinn Second: Maybury All in favor Variance Granted, congratulations! 8:25PM meeting is adjourned. i 6