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HomeMy WebLinkAbout2012-04-03 TOWN OF DRYDEN Zoning Board of Appeals April 3 , 2012 Members Present : Chair Thomas Quinn, Deborah Shigley, Mark Maybury, Absent: Flint Brann , Nelson Hogg Others Present: Dave Sprout - Zoning & Code Enforcement, Recording Secretary - .Joy Foster Applicants : Thomas D. Sanford, (Luke from the Duke Co.) & (Nicholas .lohnson - Duke Co. agent) Town Residents : crone Meeting called to order at 7:30PM . AAaenda : Area variance request for a 24' X24' garage/shed placed within 5.3 feet of side lot line at 396 Ringwood Road and a second Area variance to place a 35 ' tall sign in place of the 20 ' tall sign at 7 Hall Road . Quinn : Reads the Public Notice PLEASE TAKE NOTICE that the Zoning Board of Appeals for the Town of Dryden will hold a Public Tlearing to consider the application of Thomas D . Sanford who is requesting an Area Variance for relief of Dryden Zoning Ordinance Section 754.2 side and rear ard setback requirements , to place a prefabricated 24'X24' garage within 5 . 3 feet of the side lot line where 1S' is required at 396 Ringwood Road w SAID 14EARING will be held on Tue . April 3 , 2012 at 7:30PM prevailing time at the Dryden Town I•Iall, 93 East Main St . Dryden NY, at which time all interested persons will be given an opportunity to be heard . M 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 to add Sanford : Only that I. did calf a surveyor and they will survey my land for ,$.350. Quinn: would surveying make any difference? Sanford: No Quinn: then you are working off the line where you assume is the line? Quinn: why do you want to put up this new building? Sanford: I had 2 old buildings one that is made out of fiberboard been there about 20 years and a canvas shed which the wind took apart and blew it all to the devil. I need this new building to put my garden tractors irL Shigley: What are the sizes of the other older buildings? ZBA- Minutes 4-3- 12 Sanford & Dukc Co. - 1 - Sanford: can you show me on this map where the old sheds are. The ZBA members all look at the map and pictures that applicant is showing them where the old sheds were and where this new garage / shed is placed (ZBA realizes that the new shed has already been placed) . Quinn: asks if there have been any comments from neighbors? Dave Sprout: says he received 2 calls from a neighbor about the light on the shed. They say light is on at night and it is annoying. Quinn: what kind of light is on the shed ? Sanford : it's a dusk to dawn Iight Shigley: is light on, all the tirne and what is the reason for the light. Sanford : comes on dusk to dawn and it there to keep people out of my shed. Shigley: is there some way to make it a motion light. Sanford: yes there is, well I think so, but not real sure about that. Quinn: how about planting something Sanford: 1 have tall pine trees there now. ® Quinn: 1 do know what the neighbors are saying about the light being annoying and I would like to come up with a way to keep peace tuith the neighbors. ZBA members discuss how to condition the variance with the light . Quinn: to Dave Sprout, if we were to condition the variance with a shade or some kind of block on the light is this something you will follow-up with and make sure this has been done. Sprout: yes 1 could follow-up with that. Quinn: to board so can I have a sense of the board. Board has no more questions and is ready to rule . Quinn: so I will close this part of the hearing to the public and we will continue among ourselves. 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: Vo undesirable change in the character of the neighborhood due to this shed is replacing 2 previous sheds that were in the same plane, ® Motion made by: Maybury Second : Quinn All in favor 2 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 : Placement of sited to another location would rewire sufficient site work and would create severe hardship to the homeotrrner. 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. Motion made by : Quinn Second : Shigley 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 twill be no adverse effect on the physical or enuironrnental conditions due to the shed being placed in the same place as the precious 2 sheds. Motion made by : Maybury Second: Shigley All in favor E. IN CONSIDERING WHETHER THE ALLEGED DIFFICULTY WAS SELF- CREATED . THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS : Yes it is! Motion made by: Quinn Second : Maybury All in favor THIS VARIANCE IS A Type I; TWel1, Unlisted ACTION UNnCR 617 NYCRR S-c This appeal is subject to 239 L& M General Municipal Review. • 3 Tompkins �County I�EP,A ' MENT?0 PL;ANNING V i f' 12l EasfuurtStreetil ter. r ?' .._ k Ithaca N,941 rk� 14850 a �' r.,.,,,A�,_ Edward C. Marx, AICP Commissioner of Planning Telephone (6n 274-5560 and Community Sustainability Fax (607) 274-SS78 March 21 , 2012 David Sprout, Code Enforcement Officer Town of Dryden 93 East, Main Street Dryden, NY 13053 Re: Review Pursuant to §239 —I, -m and -n of the New York State General Municipal Law Action : Area Variance for shed at 396 Ringwood Road, Town of Dryden Tax Parcel No. 59. 1-39.3, Thomas D. Sanford, Owner/Applicant. Dear Mr. Sprout; This letter acknowledges your referral of the proposal identified above for review and comment by the Tompkins County Planning Department pursuant to §239 —I, -m and —n 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, 1 • Edward C. Marx, AICP Commissioner of Planning and Community Sustainability QU [NN : motions that the variance be granted with condition that steps be taken to either defuse or reduce the glare of the light in the direction of the neighbors. Second : Shigley All in favor Variance Granted, congratulations ! Quinn : moving on to next request. Quinn : reads legal at 7: 54 PLEASE TAKE NOTICE that the Zoning Board of Appeals for the Town of Dryden will hold a Public Hearing to consider the application of The Duke Company. formerly Volvo Rents who is requesting an Area Variance for relief of Dryden Zoning Ordinance Sections 1502 .E 1504 and 1506 towns sign ordinance . To place a 35 ' tall sign and a sign 65 sci . ft. which constitutes 2 signs at 7 Hall Road . SAID HEARING will be held on Tue . April 3, 2012 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 Sprout have we heard from anyone on this? Sprout : we have not heard from anyone. Applicant : Luke and Nicholas (agents for Duke Co.) Quinn : anything else you would like to add? Quinn : I 'm curious about the name change, formerly Volvo Rents, that name to me tells me you rent something now the Duke Co. says? Why the change in names? Luke: this is in honor of the owners father who alw&ys went by the name of " The Duke ". Ile is the one who helped get this business started so it 's in honor of him. Nicholas: some of the reasons the Duke Co. is the Ouke Co. is that, Volvo just wants to rent equipment where The Duke Co. offers building supplies and mam other items for different municipalities that Volvo did not want to offer and so Volvo bought its out. We also took over Seneca Supply and we are doing business as the Duke Co. and we want to continue to handle all the same for the locals. Shigley: are you planning on putting the new sign x-shere the old sign is currently? Luke: Yes in the someplace. Quinn : are you going to do away with the flag poles? Applicant: no the flag poles are going to stay, 5 Quinn : so you are just replacing the sign due to the name change. And will increase the height. Quinn : so the graphic on the building will stay abort the saute. Quinn : so we are really only talking about the height. Quinn : to ZBA members do 1 have a sense of the board? Board : no more questions and ready to rude. Quinn : I will close this part of the hearing to the public and we will discuss among ourselves. 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 : niere will be no undesirable change to the neighborhood due to the fact that it, is in a commercial area. Motion made by: Maybury Second : Quinn 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 : ® Tltere is no other way to achieve the visual requested as there is no other vacant Iand to moue this sign closer to the road. Motion made by : Shigley 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 It is 65 sq. ft. where 20 ' is allowed. The proposed sign is 20 ' higher then the code allows the new sign is 65 sq. ft. where 40 sq, ff. is allowed and the body of the sign also exceeds the code. Motion made by: Quinn Second : Shigley 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 it is a. commercial area and the change of signage will not have an impact on the environment. • Motion made by: Shigley Second: Quinn All in favor 6 i Ee 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 A Type 1, Type 11 , Uuiist ACTION UNDER 617 NYCRR-3 This appeal is subject to 239 L&M General Municipal Review. • 7 Tomokinstounty DEPARTMENTi OF) PLANNING of ov 121 ust'' Court�Strect Ithaca, Ne)v Yo k� 14850 Edward C. ,Marx, AiCP Conunissioner of Planning k I � Telephone (607) 274-SS60 and Community Sustainability Fax (607) 274-S)578 March 21 , 2012 David Sprout, Code Enforcement Officer Town of Dryden • 93 East. Main Street Dryden, W 13053 Re; Review Pursuant to §239 —I, -m and -n of the New York State General Municipal Law Action : Sign Variance for The Duke Company, formerly Volvo Rents, at 7 Hall Road, Town of Dryden Tax Parcel No. 52: 14.2, Seneca Supply Inc., Owner; Sign and Lighting Services, LLC, Applicant. Dear ►41r. Sprout; This letter acknowledges your referral of the proposal identified above for review and comment by the Tompkins County Planning Department pursuant to §239 4, -m and —n of the New York State General Municipal Law. The Department has reviewed the proposal , as submitted, and has determined that it has no negative intercommunity, or county-wide impacts. Please inform us of your decision so that we can make it a part of the record, Sincerely, Edward C. Marx, AICP Commissioner of Planning i Maybury motions that we grant the variance on the height and square footage and thickness of the sign. Second : Shigley All in favor Quinn : congratulations variance granted you will get your new sign . Quinn : if there are no other issues before this board 1 declare this hearing closed. 8 :20 PNI I • • 9