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Home My WebLink AboutZBA 2024-05-07DRAFT TOWN OF DRYDEN Zoning Board of Appeals 5-7-24 APPROVED 7-9-24 via Hybrid 1 Board Members Present Janis Graham, Chairwoman Ben Curtis Mary Witman Mike Gill Board Members Absent Andrew Henry Henry Slater - Alternant Others Attending Ray Burger, Director of Planning Joy Foster, Board Secretary, (zoom) Applicants & Public Attending Kyra Stepkanoff Edward Barhite 6:00 PM Chairwoman Graham opens meeting for public comment. Kyra Stephanoff • A month ago, my neighbor at 7 Fox Hollow had a variance for a tall fence and was denied. • He now is making a mound of dirt around the property and putting a 6’ high fence on top. Board member - We are not the ones to come to. First you need to talk to the Planning Department, and they will look into your concerns. After you hear their response if you do not agree with what they have said you then may be able to appeal that decision to this Board. Hearing for 420 Cortland Road After determining that everyone present has read the legal notice Chair Graham moved to waive the reading of the notice Motion made by: Graham Second: - Witman All in favor – Yes 2 NOTICE that the Zoning Board of Appeals of the Town of Dryden will conduct a Public Hearing to consider the application of Edward Barhite for an area variance at 420 Cortland Rd, Tax Parcel ID 26.-1-13.512. This parcel is in the Rural Agricultural zoning district and the Code of the Town of Dryden prohibits placement of accessory structures in the front yard area. SAID HEARING will be held on Tuesday May 7, 2024 at 6:00 pm at Dryden Town Hall, 93 East Main Street, Dryden, NY 13053 at which time all interested persons will be given an opportunity to be heard. You can either attend the hearing in person or remotely. To attend remotely you connect to the hearing via internet or telephone. Details on how to connect will be posted to one day prior to the hearing on the Town website at: dryden.ny.us You can also submit comments prior to the meeting or request meeting details by email to: planning@dryden.ny.us. Application materials are available for review at the Office of the Dryden Town Clerk at Town Hall and on the Town’s website at www.dryden.ny.us. Individuals 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. *Applicant for most of the discussion with the Board did not come to the podium to speak he spoke from audience. • Applicant spoke with NYSEG and was told not to build between the poles or under the lines. • The shed is over 400’ from the road, should not be an issue. Graham – Are there any written comments from neighbors or anyone else? • There is a 239-review letter form the County. They determined there is no significant county wide or community impact. Sense of the Board • It’s a long way back and pretty hidden from the road. • It’s way back from the 50’ that is required for front yard setback. Graham moved to close the public hearing and move forward and answer the 5 questions. Motion made by: Graham Second: - Gill All in favor – Yes 3 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 ZBA finds that the shed fits into the rural neighborhood as well as notes that a) there are no nearby residences and b) the shed will be 400 feet from the road. Motion made by: Gill Second: Graham 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: The ZBA finds that although there are other areas in which the applicant could have placed the shed, he has provided good reason as to his choice of location—namely that its location will have the least impact on the adjacent actively managed agricultural fields. In addition, the burden to the applicant to change the shed’s location would be disproportionate to the benefit to the community (of which there appear to be none). Motion made by: Curtis Second: Gill All in favor – Yes C. IN CONSIDERING WHETHER THE REQUESTED AREA VARIANCE IS SUBSTANTIAL. THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS: Whether the variance is substantial or not is indeterminate in that it either is or isn’t in the front yard. But it is not in the required front yard and is a considerable distance, 400 feet, from the front yard property line. Motion made by: Curtis Second: - Witman All in favor – Yes 4 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 a small accessory building which will have minimal visual, stormwater or other environmental impact. Motion made by: Witman Second: Graham All in favor – Yes E. IN CONSIDERING WHETHER THE ALLEGED DIFFICULTY WAS SELF- CREATED. THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS: The difficulty is self-created, but the proposed location of the structure is logical, thoughtful and the applicant has provided a good rationale for its specific placement (see B). Motion made by: Curtis Second: Gill All in favor - Yes Motion made by: Curtis to classify this SEQR exempt type II action part 6 CRR -NY 617.5(c)- (12) per Planning Department recommendation Second: Gill All in favor - Yes Grant variance Motion made by: Graham to Grant Variance Second: Witman All in favor - Yes 5 392 Caswell Road After determining that everyone present has read the legal notice Chair Graham moved to waive the reading of the notice Motion made by: Graham Second: - Witman All in favor – Yes Board discussion with applicant • This is coming to the Board pursuant to Town, New York State Town Law 277-6, which allows the applicant to apply directly for a variance from this board. • NYS Town Law says that in reviewing such an application, the Zoning Board of Appeals shall request the Planning Board to provide a written recommendation concerning the proposed variance. • The Planning Board recommends, that the Town amend their law so that it is consistent with NYS Town Law 276, so that it is the Planning Board that considers and approves minor subdivisions. • It’s a procedural issue. Motion made by: Curtis to send to the Planning Board for their recommendation. Second: Graham All in favor - Yes NOTICE that the Zoning Board of Appeals of the Town of Dryden will conduct a Public Hearing to consider the application of Debra Thompson for an area variance at 392 Caswell Rd, Tax Parcel ID 29.-1-21.24. This parcel is in the Rural Residential zoning district and the Code of the Town of Dryden requires 250 feet of road for parcels unless they are flag lots. SAID HEARING will be held on Tuesday May 7, 2024 at 6:15 pm at Dryden Town Hall, 93 East Main Street, Dryden, NY 13053 at which time all interested persons will be given an opportunity to be heard. You can either attend the hearing in person or remotely. To attend remotely you connect to the hearing via internet or telephone. Details on how to connect will be posted to one day prior to the hearing on the Town website at: dryden.ny.us You can also submit comments prior to the meeting or request meeting details by email to: planning@dryden.ny.us. Application materials are available for review at the Office of the Dryden Town Clerk at Town Hall and on the Town’s website at www.dryden.ny.us. Individuals 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. 6 Motion made by: Curtis to adjourn the hearing until we have the written response from the Planning Board on Town Law 277-6. Second: - Graham All in favor – Yes ADJOURNMENT J. Graham Motions to adjourn 6:45PM Second: Curtis All in favor - Yes Respectfully submitted, Joy Foster Recording Secretary