HomeMy WebLinkAbout2016-06-07TOWN OF DRYDEN
Zoning Board of Appeals
June 7, 2016
Members Present: Nelson Hogg (Chair), Ben Curtis, Jeff Fearn, Henry Slater
Absent: Gene German
Others Present: Ray Burger Director of Planning, Joy Foster, Recording Secretary, ZBA
Agenda:
Area variance, 811 Snyder Hill Road
Area variance, 181 Lake Road
Meeting called to order at 7:00 PM
811 Snvder Hill Road, Area Variance
Applicant: Raymond P. Glahn
Town Residents: Dannielle Carr, 810 Snyder Hill Road
Chair Hogg 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 Ravmond Glahn who is requesting relief from
the front yard setback requirement as set forth in Town of Drvden Zoning Law Article VI.
Section 600 - Area & Bulk Table. Mr. Glahn is seeking an area variance to place a 288 sq.
ft. storage shed 30 feet from the highwav line, where 50 feet is required. Property is
located at 811 Snvder Hill Road.
SAID HEARING will be held on Tue. June 7, 2016 at 7:00 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.
Motion to begin the public hearing: Slater
Second: Fearn- Yes
All in favor - Yes
Hogg to applicant: do you have anything further to add?
Applicant: Mr. Glahn not at this time
Slater to Glahn: The question I have, is the structure already there or is there another one to
be placed because I see there is already a structure in place? And you placed the structure
without checking with the town?
Glahn: I actually had to take delivery of the shed, and it could be moved if need be, I was not
aware of the setback, I completed the pad last fall, after having talked to Kevin Ezell from the
Dryden Planning Department, who said it was ok to begin work on the pad and the placement
of the shed.
Slater: did the town have a plan or application from you.
Glahn: no not at that time, I was going by the other homes in the area and was in line with them.
Slater: the other houses in the area are pre -dated zoning, zoning came in 1968.
Hogg: another factor is when I built my barn it was measured from the center -line at 70 feet now
it's 50 feet from the right -of way.
Board: talks about center -lines, and right -of way just talking numbers to each other.
Glahn: I also have looked at the setback requirements and I find them confusing. They don't say
right -away or center line.
Curtis: well I believe it does, I agree it doesn't just jump out and grab you by the throat, but I do
find it under lot depth.
Hogg: the written document I have here says the highway right of way is 3 rods.
Curtis: as you know I have some experience with reading zoning laws and I find it not very clear
the information is there but not entirely clear, there is no mention of 3 rods.
Curtis: for the record I'd like to add once again, that if the law is confusing like this people do
not seem to understand where the center of the road is and that may be worth considering. And I.
have suggested to the Planning Board to maybe re -view this as we have the same variance
requests with same confusion.
Hogg to Curtis: before you came on the committee it was 70 feet from the center line but
somehow it got changed.s
Burger and board: talk to each about the lines and setback requirements.
Glahn: asks when did zoning change?
Hogg: in the last several years from center of the road to edge of the road.
Hogg: I have a second issue, you appear to asking for 2 variances?
Glahn: well I have a earth structure and in the future I would like to build a 2nd similar one, so
I was trying to save board some time.
Slater: what would be the purpose of the 2nd structure?
Glahn: would like it fon a rental property
Slater: I don't believe that area is zoned for rentals.
Burger speaks to board and Glahn: about accessory buildings and how area is zoned, and
what would be allowed. Just asking each other questions.
Curtis:, well we are not here to talk about 2nd future house we are only to address the applied
for and advertised variance request.
Hogg: I agree we are here to view the requested variance tonight, moving along.
Fearn: where is the septic, is that the mound we see in pix or what is that?
Glahn: shows board what items are on the pictures, where septic is, drive -way, lot size, etc
Hogg: to board are we ready to answer the questions?
Board: has no more questions.
Dannielle Carr: from 810 Snyder Hill Rd, speaks to say she is for the variance, we find the
shed to be pleasing to the eye and are ok with this change we would like the board to consider
having the propane tanks relocated on property as they stand out as you can see on the pictures,
would like to have them relocated or screened in some way.
Glahn: I have no problem moving them, they have been there since 2008 when I got my first
building permit, I have to have them in a practical place, where they can be assessable
especially in bad weather.
Curtis: this being a concern for visual impact we as a board can grant variance with conditions
and relocating the tanks and or a vegetated screening to lessen the impact. Even the shed could
screen the tanks.
Hogg: we will close the public part of the hearing and as a board will answer the 5 questions.
Motion made by: Curtis to close at 7:30 PM
Second: Fern- Yes
All in favor - Yes
Hogg: are there any letters or from County
Burger: no
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:
Yes there is adverse visual impact as it's the only accessory building in a front yard in the
neighborhood but these negative effects are offset with colors to blend in with the surroundings
also behind a berm we would like to see the now very visible propane tanks screened or
relocated and the applicant agrees.
Motion made by: Curtis - Yes
Second: Hogg- Yes
All in favor - Yes
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:
Yes, there are 39 acres that offer plenty of area for a conforming placement of this structure,
applicant showed numerous disadvantages for alternate locations.
(Applicant again states he spoke to Kevin Ezell who gave him incorrect information about where
to place the pad, so this will be an added expense)
I
Motion made by: Fern - Yes
Second: Curtis- Yes
All in favor - Yes
C. IN CONSIDERING WHETHER THE REQUESTED AREA VARIANCE IS SUBSTANTIAL.
THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS:
Yes it is given that the footage requirements isn't substantial but the fact that it sits in a required
front yard makes it substantial. Just on the Scale of the requirement that is 50 feet and this is
closer to 30feet its almost halfso it's a substantial variance.
Motion made by: Curtis- Yes
Second: Fearn - Yes
All in favor - Yes
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 is a visual impact but the applicant has put the structure behind the berm and blended the
color with its surroundings to minimize its impact and also has agreed to move the tanks and
make a year-round vegetated screening in front of the shed.
Motion made by: Hogg - Yes
Second: Curtis- Yes
All in favor - Yes
E. IN CONSIDERING WHETHER THE ALLEGED DIFFICULTY WAS SELF-CREATED. THE
ZONING BOARD OF APPEALS FINDS AS FOLLOWS:
Yes
Motion made by: Hogg- Yes
Second: Fearn- Yes
All in favor - Yes
Hogg: this area variance is SEAR exempt tvpe H action Dart 617.5c-12 and exempt from regional planning
review. (General Municipal Law. Article 12-B, Section 239 M3vii)
Motion made by: Curtis
Second: Fearn- Yes
All in favor - Yes
Grant variance with the 2 conditions
1) Propane tanks be relocated (behind the shed (south -side) out of view from the road)
2) A year-round vegetated screen be planted in front of accessory structure, on the road-
side (regulated by the Town Planning Department, Ray Burger)
Motion made by: Curtis to Grant Variance with conditions
Second: Fearn- Yes
All in favor - Hogg- Yes
Nay -Slater
8:00 PM - Congratulations you have your approval, please follow up with the Planning
Department.
Hogg 8:01 PM reads the next hearing:
PLEASE TAKE NOTICE that the Zoning Board of Avveals of the Town of Dryden will hold a
Public Hearing to consider the application of Carina Construction who is requesting relief
from the front vard setback requirement as set forth in Town of Drvden Zoning Law
Article VI. Section 600 - Area & Bulk Table. Carina Construction is seeking an area,
variance to Mace a single-family home 40 feet from the highwav line, where 50 feet is
required. Property is located at the corner of Lake and Watros Road.,
SAID HEARING will be held on Tue. June 7, 2016 at 7:15 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.
Hogg: who is here to represent?
Matthew Haney, Carina Construction builder, the lot is a unusual one, in that it has a 22
foot change in grade from one corner to the other and our attempt with the site plan is to put the
house on the higher side of the lot so that we could have good foundation drainage. Putting the
house 40 feet back from the property line because, 1) by placing the house where we are showing
it we are able to keep the top of the wall elevation foundation around 1200 feet which is roughly
the same as the road is in that area, for us to move it back 10 feet , it is possible and we could
build it that way but we'd have to lower the wall elevation about 3 feet which would give us an
unsightly V shape to the front yard for drainage, 2) it's a corner lot, this property has 2 front
yards so we are only really asking for relief from the front yard on the Lake Road side
additionally by moving the house toward the Lake Road we can maximize the amount of space in
the back yard , which given the elevation of area in that typically that's where the children would
play and we could maximize that area, 3) this lot is only about an acre in size and we are limited
as to where the septic could be placed, we've done our perk test and have been approved, so the
further we can be toward Lake Road would give us more room to place the septic and keep
proper distance from the other wells. Haney hands out aerial view pictures and shows the
board the neighborhood houses and how and where this house is going.
Board: looks at pictures of neighborhood.
Hogg: is there a garage and is it under here (pointing to picture)?
Haney, the structure has 2 -parts, we are constructing a modular house on the southern side and
on the northern section we are building a garage with space above and owner in future may use
this space for a in-law apartment.
Haney: I'd like to add that we are seeking 40 feet from the property line, the distinct from the
property line to the edge of the existing payment is about 10 feet so our distinct from the edge of
the payment to the front of the structure is ? (pointing to survey to board, lots of talking at once)
TINS OUNTY LETTER HERFJ
Edward C. Marx, AICD
Commissioner of Planning
David Sprout, Zoning Officer
Town of Dryden
93 East Main Street
Dryden, NY 13053
May 13, 2016
Telephone (607) 274-5560
Re: Review Pursuant to §239 —1, -m and -n of the New York State General Municipal Law
Action: Area Variance for single family residence located on Latae Road, Town of Dryden Tax
Parcel #48,-1-88, Nicholas Brenner, Owners/Appellants; Carina Construction, Agent.
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'—], -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,
Edward C. Marx, AICP
Commissioner of Planning
Infusion through Diversity
Hogg: finally I'm curious why house wasn't sited on Watros Road where there is nice flat land?
Haney: well we looked at that, in -fact owner very much wanted house on Watros Road, on the
Northeast corner but there is no good place for foundation drainage and you would be building
20 feet below Lake Road and any surface water would run off directly at your house and that
part of the Town does not have curbs or storm sewers so floods and drainage would be a big
issue. We encouraged them to build on the high side for good drainage.
Slater: guess I'm confused as to why house couldn't be moved back 10 feet?
Haney: well we could move the house back and conform with the Zoning requirement but it
would cause us to lower the elevation of the house by about 3 feet then we would be 3-4 feet
below the elevation of the road.
Slater: why would you lower it?
Haney: because I want to be able to place the foundation and the slab on virgin ground, it's a
Superior Wall System and we are using 9 foot as it is now. This is the best and most economical
way to build. House and garage will be on Superior Wall.
Haney: with a structure this size we are moving a lot of earth, when we cut the test holes we
found a lot of gravel so we will be using this for driveway and no dirt will be taken off of site.
Slater: so you will have a long driveway?
Haney: oh about 130 feet, not too bad.
Hogg: are there any other questions from the Board, any letters or comments?
Burger, No letters or comments.
Hogg: I will now close the public part of this hearing and the Board will answer the S questions.
Motion made by: Curtis - Yes
Second: Fearn- Yes
All in favor - Yes
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:
This would produce a Minor change in the neighborhood but is keeping in the general
character of the neighborhood.
Motion made by: Hogg - Yes
Second: Fearn- Yes
All in favor - Yes
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:
Yes house could be moved to conform to zoning, but the financial burden to the
applicant would be disproportional to the gain
Motion made by: Curtis - Yes
Second: Fearn- Yes
All in favor - Yes
C. IN CONSIDERING WHETHER THE REQUESTED AREA VARIANCE IS SUBSTANTIAL.
THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS:
Considering the neighborhood not very substantial, or noticeable.
Motion made by: Curtis- Yes
Second: Hogg - Yes
All in favor - Yes
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:
It's not that building the house would have an adverse environmental impact on the area,
its that moving it 10 feet closer to the road is actually better motivated for
environmental concerns.
Motion made by: Hogg - Yes
Second: Curtis - Yes
All in favor - Yes
E. IN CONSIDERING WHETHER THE ALLEGED DIFFICULTY WAS SELF-CREATED.
THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS:
Yes, however it minimizes the environmental impact and minimizes the effect on the
neighborhood.
Motion made by: Slater - Yes
Second: Hogg- Yes
All in favor - Yes
Hogg: this area variance is SEOR exempt tvne H action part 619.5c-12
Motion made by: Curtis
Second: Slater- Yes
All in favor - Yes
This is 239-m(3)(b) of the New York State General Municipal Law. Tompkins County
Department of Planning finds , it has no negative inter -community, or county -wide impacts.
Motion made by: Slater
Second: Curtis- Yes
All in favor - Yes
Motion made by: Curtis to Grant Variance based on finding above
Second: Fearn- Yes
All in favor - Yes
Congratulations you have your variance 8:35 PM
NOTE: Matthew Haney - Carina Construction, "as a taxpayer and builder in Dryden, I'd
just like to complement the Planning Department Staff. I have worked with 30-40
different towns and I have always found them to be very professional. They are excellent
communicators, they are certainly not push-over's when they want to enforce the law they
communicate beautifully. They are not difficult to work with they are responsible with
appointments and when on site courteous to the people there and the work that is going
on. It's just always been a pleasure to work with them and it's not always the case in
other building departments. The department just seems to take pride in their work. "
Hogg: we now have the Inter -Governmental Agreement that Ray Burger would like to
talk to the Board about.
Burger: what this is, is there are a lot of minor site plan reviews, variances, that came
for County Review and they are basically agreeing, this is kind of an efficiency to
government move to pre -approve and to say we don't need to review these. Just a way to
expedite and this contract has been signed by the Town Supervisor, Planning Board
Chair and now the ZBA, Chair. This has come up a few months ago, but he ZBA hasn't
met in a year so you are hearing about this now. We still may ask the County to weigh in
on a case if we feel the need to do so.
Board and Ray read document and talks with each other.
Motion made by: Curtis moves to agree and for Nelson Hogg to sign document
Second: Slater- Yes
All in favor - Yes
Motion made by: Hogg to adjourn
Second: Slater- Yes
All in favor - Yes
Meeting adjourned, 8:45 pm
Respectfully submitted,
Joy Foster, Recording Secretary
6-14-15
Inter -governmental Agreement
Tompkins County Review of Local Zoning and Planning Actions
Under New York State General Municipal Law
I. This agreement is made this day of , 2016 between
the Tompkins County Planning Department and the Town of Dryden Zoning
Board of Appeals.
A. Authority and Purpose of State Law
The authority for county planning agency review of certain local planning and
zoning actions is provided in Article 12-B, Section 239 (1, m & n) of New
York State General Municipal Law (GML). The purpose as stated in law is
"to bring pertinent inter -community and county -wide planning, zoning, site
plan and subdivision considerations to the attention of neighboring
municipalities and agencies having jurisdiction."
B. Current Practice in Tompkins County
The Tompkins County Charter gives responsibility for the implementation of
this county review to the Commissioner of Planning. All matters identified in
GML Section 239 (m & n) are currently subject to review.
C. Authority for Inter -governmental Agreement
GML Section 239 (m) specifically authorizes the county planning agency to
"enter into an agreement with the referring body or other duly authorized body
of a city, town or village to provide that certain proposed actions set forth in
this subdivision are of local, rather than inter -community or county -wide
concern, and are not subject to referral under this section." GML Section 239
(n) authorizes the same agreement with respect to subdivision plats.
II. Items to be Excluded from Review
Pursuant to the authority cited herein the parties to this agreement do hereby agree
that the following items are of local, rather than inter -community or county -wide,
concern and are not subject to referral to the Tompkins County Planning
Department under New York State General Municipal Law Article 12-B Section
239 (1, m & n):
A. Lot frontage, width or depth variances for residential uses;
B. Lot area variances for additions to residential uses on existing non -conforming
lots;
C. Special Permits or Site Plan Reviews for permitted accessory uses and home
occupations on residential lots;
D. Residential subdivisions of fewer. than 5 lots all of which comply with local
zoning standards and Tompkins County Sanitary Code requirements, and do
not involve new local roads or streets directly accessing a State or county
road;
E. Yard setback variances not abutting County or State property, a State or
County road right of way, or a municipal boundary;
F. Site Plan Reviews or Special Permits for change of commercial use in an
existing building not involving any change in building footprint and with no
change in vehicular access on a State or County highway;
G. Sign variances exceeding local standards by 20% or less.
III. Execution, Termination and Modification
LO
A. The undersigned parties attest that they have the authority to enter into this
agreement. This agreement shall become effective upon execution by both
parties.
B. The agreement shall remain in effect unless terminated by 60 days advance
written notice by either party. Such notice shall be by certified mail to the
Tompkins County Commissioner of Planning or the authorized local
municipal official, as appropriate.
C. The agreement may be modified by mutual agreement of the parties hereto.
Tompkins County Commissioner of Planning Date
Zoning Board of Appeals Chair Date
Town of Dryden
Planning Department
93 East Main Street
Dryden, New York 13053
607-844-8888 ext. 216
Fax: 607-844-8008
This is to certify that a Zoning Permit has been issued to Nicholas
Brenner/Carina Construction for (1) area variances one to build a single-familif
home (with ZBA approval) at 181 Lake Road (within the Town of Dryden), tax
parcel 48.-1-88.
This permit has been issued because the proposed activity is an allowed use in a
Neighbor Residential zone and complies with all applicable Town of Dryden
Zoning requirements.
Granted relief by Zoning Board of Appeals, June 7, 2016 to build home 40 feet
from highway line.
Be advised, this certificate shall expire 12 months from the date of issue. This
is not a Permit for construction or occupancy.
DATE OF ISSUE: 6-7-16 BY:
Zoning # 06-2016ZBA t//Zoning Officer
NOTICE OF DECISION
June 7, 2016
Re: 06-2016 ZBA - Area Variance
811 Snyder Hill Road
Parcel 74.4-8.6
Distribution: Raymond Glahn
Town Supervisor,
Town Clerk, PB Chair, ZBA Chair
Edward C Marx, Commissioner of Planning
Planning Department 93 East Main Street
Dryden, NY 13053
T 607 844-8888 Ext. 216
F 607 844-8008
joy@dryden.ny.us
www.drvden.nv.us
A hearing was conducted by the Town of Dryden Zoning Board of Appeals on Tuesday June 7, 2016, regarding
one area variance.
DECISION: Approved
CONDITIONS: 1) Propane tanks be relocated (behind the shed (south -side) out of view from the
road)
2) A year-round vegetated screen be planted in front of accessory structure, on the
road -side (regulated by the Town Planning Department, Ray Burger)
DECISION: Grant variance with the 2 conditions
NOTICE OF DECISION
AREA VARIANCE
APPLICANT: Raymond Glahn
June 7, 2016
PLEASE TAKE NOTICE that the Zonine Board of Anneals of the Town of Dryden will hold a Public Hearing to
consider the application of Ravmond Glahn who is reauestine relief from the front vard setback reauirement as.
set forth in Town of Drvden Zonine Law Article VI. Section 600 - Area & Bulk Table. Mr. Glahn is seekine an
area variance to place a 288 so. ft. storaee shed 30 feet from the hiehwav line, where 50 feet is reauired.
Property is located at 811 Snvder Hill Road.
SAID HEARING will be held on Tue. June 7, 2016 at 7:00 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:
Yes there is adverse visual impact as it's the only accessory building in a front yard in the
neighborhood but these negative effects are offset with colors to blend in with the surroundings
also behind a berm we would like to see the now very visible propane tanks screened or
relocated and the applicant agrees.
Motion made by: Curtis - Yes
Second: Hogg- Yes
All in favor - Yes
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:
Yes, there are 39 acres that offer plenty of area for a conforming placement of this structure,
applicant showed numerous disadvantages for alternate locations.
(Applicant again states he spoke to Kevin Ezell who gave him incorrect information about where
to place the pad, so this will be an added expense)
Motion made by: Fern - Yes
Second: Curtis- Yes
All in favor - Yes
C. IN CONSIDERING WHETHER THE REQUESTED AREA VARIANCE IS SUBSTANTIAL.
THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS:
Yes it is given that the footage requirements isn't substantial but the fact that it sits in a required
front yard makes it substantial. Just on the Scale of the requirement that is S0 feet and this is
closer to 30 feet its almost half so it's a substantial variance.
Motion made by: Curtis- Yes
Second: Fearn - Yes
All in favor - Yes
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 is a visual impact but the applicant has put the structure behind the berm and blended the
color with its surroundings to minimize its impact and also has agreed to move the tanks and
make a year-round vegetated screening in front of the shed.
Motion made by: Hogg - Yes
Second: Curtis- Yes
All in favor - Yes
E. IN CONSIDERING WHETHER THE ALLEGED DIFFICULTY WAS SELF-CREATED. THE
- ZONING BOARD OF APPEALS FINDS AS FOLLOWS:
Yes
Motion made by: Hogg- Yes
Second: Fearn- Yes
All in favor - Yes
Hogg: this area variance is SEAR exempt type II action part 617.5c-12 and exempt from reeional.
planning review, (General Municipal Law, Article 12-13. Section 239 M3vii)
Motion made by: Curtis
Second: Fearn- Yes
All in favor - Yes
Grant variance with the 2 conditions
1) Propane tanks be relocated (behind the shed (south -side) out of view from the road)
2) A year-round vegetated screen be planted in front of accessory structure, on the road -side
(regulated by the Town Planning Department, Ray Burger)
Motion made by: Curtis to Grant Variance with conditions
Second: Fearn- Yes
All in favor - Hogg- Yes
Nay -Slater
8:00 PM - Congratulations you have your approval, please follow up with the Planning
Department.
CERTIFICATION
I, Nelson Hogg, (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:
Dryden, New York
Dated: 157 -1-516
Nelson
Hogg, Chair