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HomeMy WebLinkAbout1970 ZBA MeetingsZONING BOARD OF APPEALS OF THE TOWN OF DRYDEN,NEW YORK Notice of decision in the matter of the Appeal filed by Mr. Ernest' Vann on February 27, 1970 regarding his property at .1672 Slaterviile Road, which appeal arose from the denial of a permit for locating a trailer on aforesaid premises. Subsequent to Public Hearing duly advertised and held on March l8, 1970,' the Board deliberated and decided to request additional,in- formation pertinent to the case. Applicant was requested by letter written by Peter S. Levatich, Chairman, on March 19, 1970 to havel the physician of the proposed tenant Mrs. Corea E. Vann submit an opinion on the nature, extent and expected development of her ness. The Board met and del-iberated again on April 6, 1970. The letter, of the physician was opened and read. After its contents was understood the letter was resealed again and deposited with the Town Attorney Mrs. Helen Amdur in compliance with the physician's. request. The Board thereupon granted variance to Mr. Vann to place one trailer upon aforesaid premises in the same location where a .trailer had previously been located and upon the following condi- tion: That the Variance is limited to the personal use of Mrs. Corea E. Vann and her maintenance.of such trailer as her personal resi dance, that upon termination of the use and occupancy as her personal residence the trailer be removed within six months after such termination. r . V In reaching this decision, the Board considered the size, nature and location of the premises which had been visited and inspected.. east three Board members, the nature of the immediate neigh by at l boring properties, the view from the road of the proposed trailer illness and consequent dependence of location, the evidence of Mrs. Corea Vann on her son's, Mr. Ernest Vann, personal care. The Board considered the evidence heard at the Public Nearing and the submitted letter supporting the application. The Board held that true hardship exists and granted the variance unamimously. ter S. Levatich Chairman gated: Agri 16, 19-70 ,.Zoning Board of Appeals March 18., 1970 Dp,yDF,N ZONING BOARD OF AppaLS D-RYDEN TOWN BALL 1ST and 2ND PUBLIC 11FARING 9:00 PM DIScUSSION Attendance: Peter Levatich, Robert Keech, I)onald Rose, Bernard Van DeWeert, Edward Carpenter, Helen Amdur, Attorney and Clinton Cotterill) Town Board Representative. Mr. John Mch'ligOt native to issuing variance. possible suggestions as alter 1. is there a need for such a large garage? There would be adequate room to build a 141 garage at the side without moving set -back lines. 2. Possibility of buying a 'ouilding to house tractor and yard equipment. 3. Closeness to the road should be considered, definately in I violation of zoning requirements. 4. Mr. Levatich to 'write a letter to the members of the Zoning Board I of Appeals of the facts and the findings of the Board to be approved by 11 the members and then notify Mr. McEligOt Of the decision of the Board. Mr. Ernest Vann Are circumstances so unique and hardship so great towarranta change in variance? Hardships are' limited income, mother under doctor's care, under doctor's orders not to work, inadequate room in applicants home for mother, location of trailer in another spot would present hardship of distance and cost of rent. Suggestion was made that if granted, the variance would needto be limited, to the term of need by the applicant's mother. It was decided to have applicant obtain a detailed statement from mother's doctor as to term of illness, importance of closeness of son., nature of illness and any other pertinent informati:)1- Next meeting will be held on April 6, 1910 7:30 pm Helen Amdur's . office. DRYDEN ZOIIING BOARD OF APPEALS DR-yDEN TOYM HALL MARCH 18) 1970 1ST PUBLIC HEARING 8:00 FM Mr. John McF2igot, Turkey Hill Road, Ithaca) New York requested a building permit to build a 1 car garage, 211 x 241 on his resident property* present garage has been converted into living quarters. Building permit was denied because garage would come to 81 from his property line. Zoning requires at least 151 between building and property line. Also front of proposed garage would violate footage regtiations from the center of the road. Robert Keech spoke in favor of Mr. McEligot's proposal inasmuch asla building too close to a property line would appeal to passersby and his neighbors more than tractors and lawn equipment sitting outside in the yard covered with plastic. Mr. Wells mentioned that other places along Turkey Hill Road also violated zoning footage regulations. Chairman Levitich asked for further comment., , There was none* 1st Public Hearing of the Zoning Board of Appeals closed at 8:20 pm. MONTISY MEETING OF THE DRYDEN ZONING BOARD OF APPEALS APRIL 6., 1970 7: 30 PM Chairman Levatich opened the meeting at 7:30 pm by reading the minutes of the March 18th meeting. The following corrections and additions were made to the minutes: 1. Building permit was denied John McEligot because proposed garage would come to within 8 feet from the side property line. 2. The address of James Macera was corrected to 1653 Slaterville Road, Ithaca, New York. 3. An addition of the fact that a letter was submitted at the March 18th Public Hearing of Ernest Vann supporting his application to place a trailer on his property. Ernest Vann 'I'ne board received the requested letter from Mrs. Corea Vann's physician stating his opinion on the nature, extent and expected development of her illness. The letter, was opened, read and after contents were understood, the letter was re -sealed again and deposited with the Town Attorney, Mrs. Helen Amdur,, in compliance with the physician's request. The Board whereupon granted variance to Mr. Vann to place one trailer on the premises in the same location where a trailer had previously been located and upon condition that the variance be limited to the personal use of Mrs. 'Corea Vann and her maintenance a,- a personal residence. Upon termination of use and occupancy as her perscnal residence, the trailer to be removed with in six months of such ternination. The Board considered size, nature and location of premises, nature of immediate neighboring properties, view from'road of proposed trailer location, evidence of illness and consequent dependence of Mrs. Corea Vann on her son I s personal care. Also considered were evidence heard at the Public Hearing and submitted letter supporting application. The Board held that true hard- ship exists and granted the variance unanimously. John McEligot Mr. Oohn McEligot submitted an alternative proposal for the Board's consideration. His new plans calls for a one car garage, 141 x 24', attached to the house. Included with the proposal was an architecl,s quotation for the cost of the new proposal virsus the cost of the orighal plan., pointing out a much higher amount on the second propoEal.and letter supporting appli- cation, signed by Mr. McEligots neighbors. The Board decided to ask 1�r. McEligot tc make a new application for a building permit to include exact plans, sketch of the proposed new building, demensions of his lot, house and proposed garage, location of house and proposed garage in relation to all property lines, set- back line and road. Vice -Chairman Bernie Van deWeert nominated Robert Keechas Vice -Chairman. nomination was seconded by Edward Carpenter. Secretary's Salary Chairman Levatich proposed $3.00 per hour, for secretary's salary. This was seconded by Donald hose. Secretary'stime to be submitted at the regular monthly meetings for the previous meeting. Board Meeting Date A meeting date for the regular meetings of the Zoning Board of Appeals was set as the first Tuesday Evening of every month. The next meeting to be held clay 5, 1970 at 7:30 PM at the Town Hall. Future Business Attorney Helen Amdur advised the Board that she received a phone call from Paul .IVh-.*Ltted requesting a variance to pl,-.ce a trailer on a lot on the Slaterville Road, opposite the Brooktondale t-urn off. This request will be presented to the Board at the May 5th meeting. The meeting adjourne&at 8:40 PM. ZONING BOARD OF APPEALS OF THE TOWN OF DRYDENr NEW YORK -Notice of decision in the matter of the Appeal filed by Mr. John McEligot on May 11, 1970 regarding his property at 150 Turkey Hill Road, which appeal arose from the rejection of a permit for the erection of a garage on the aforesaid premises. -Subsequent to a Public Hearing duly advertised and held on June 2, 1970 the Board deliberated and decided to deny the relief requested in the Appeal for the following reasons. -The Board recognized the size and location of the proposed garage being different from that contained in the previous appeal filed by Mr. McEligot on February 18, 1970. The Board determined that the proposed garage is fully inside the side and front yards (outside the setback limit lines) of the property. The Board found no hardship other than financial since the proposed garage can be constructed elsewhere on the property and within the setback limit lines. -The Board took into consideration all evidence presented during the Public Hearing and all evidence and knowledge it obtained during the previous Appeal filed by Mr. McEligot. Page 2 -The Board in its discussion took cognizance of the fact that matters of financial loss or gain do not constitute a basis for unique or undue hardship which is the condition required to exist and which condition a Variance of the Zoning Law is designed to alleviate in individual cases. Peter S. Levatich Chairman Zoning Board of Appeals Dated: 4 June 1970 r ZONING BOARD OF APPEALS MAY 5, 1970 public Hearing of E. Paul fihitted, present address 629 Snyder Hill Rd. Ithaca, New York. Application for building'pEraiit to locate a trailer on his property at 525 Whitted Road was denied. In making his appeal to the Board, Mr. Whitted requested a variance that whould allow him to place a trailer on h:.s property while building his house on the same property and until said hou;ie was completed. This would be from two to three years because Mr. Whitted is building it himself. Mr. Whitted is now paying $220 per m.orr;h rent which is financially prohibative to his building a home, if continued. The trailer would only be visible when within 25 yards of it because the lot is wooded. The lot presently meets all requirements for a building permit to construct a house. Three neighbors; Mr. Donald Kirk - V 91 Sla terville Rd., Mr. Charles Mandeville - 1921 Slatervil.le Rd. and Mr. Richard Garcia •- 1902 0laterville Rd. were present at the hearing and expressed no objections to granting the variance -providing it was granted for no lonE,er than three years and/or upon occupancy of permanent residence on that property. There were no objections expressed at the hearing and the public hearse g for Mr. E. Paul Whitted closed at S pm. After deliberating at length upon the degree of hardship of the applicant and all other facts presented at the hearing, the Board decided to grant the variance with a vote of three for and two against granting the variance. The following conditions were made to the variance: 1. A building permit be first secured to construct the proposed permanent residence on the same premises. 2. That a trailer be occupied by Mr. E. Paul "Whitted and his immediate family members only. 3. That the said trailer'be removed from said premises upon completion of construction and/or upon occupancy of a'permanent residence on the same premises, but not leter that three years frcm the date of this variance, on which time this variance shall expire. 4. The use of the trailer while on the premises' conform to and comply with' all applicable regulations of the Health Department and conform to the requirements of the Town Zoning Ordinance regarding setback from property lines as if it were a house. In reaching its decision, the Hoard c;o�isidered the size and location of the premises and its relationship to neighsoring premises, residences and roads and statements from neighbors present a: the hearing. 2. In discussing the degree of hardship existing in this case, it was the opinion of the majority, among other considerations, that it would be difficult for the applicant to construct his res:dence (which he intends to do himself), while living away from the premises in view of the fact that lie holdsa full time job and intends to construct his residence in"his spare time. the majority felt that the premises and its environs were such that the intent of the Ordinance was not diminished and no hardship was placed on others be the granting of this conditio:ial variance. The majority expressed the opinion that this Conditional Varia:.lce will not constitute any precedent in future Board decisions. The minority of the Board was of the opinion that insufficient hard- ship existed in this case to warrant the granting of the Variance. They also held that personal financial convenience to the applicant was of major consideration in this case, a matter which categorically is outside the considerations, terms and intentions of the Ordinance. The Ordinance, a matter of law, doesnot consider or admit for consideration the criteria of financial convenience, benefit or rate of return on investment in individual cases but intends the welfare of the comiunity as a whole. The minority therefore felt that unless cases are considered within the framework of the Ordinance as it stands, the 3oard may exceed its mandate and authority. By following its conscience only, and by neglecting the law, as severe as it may be in individual cases, the Board may depreciate the benefits of the Ordinance. Particularly the major benefit which consists of the knowledge and security among the people that the Ordinance limits the changes to be expected around us. The minority felt that if changes in the Ordinance were in the interest of the Town and its people, such changes should be made by amendments to the Ordinance and not by granting 6f..Variances. MW BUSINESS Attorney Helen Amdur to reccommend verbally to t:ze Town Board that a full time Zoning Enforcement Officer be hired if necessary and that job specifications be established. ** Taken from the notice of the decision in the Appeal of Mr. E. Paul Whitted May 5, 1970 Mr. Peter Levatich Genung Road Ithaca, New York 14850 Dear Mr. Levatich: To date this office has not received the minutes of the Zoning Board of Appeals. I am sure that a copy of the minutes should be on rile in my office. Sincerely, Rosemary Stelick Town Clerk LEVATICH and MILLER ARCHITECTS 119 WEST BUFFALO STREET ITHACA NEW YORK 14850 15 May 1970 Miss Rosemary Stelick Town Clerk Town of Dryden Dryden, New York 13053 Dear Miss Stelick: PETER S.LEVATICH RA JOHN CLAIR MILLER RA LAWRENCE HOFFMAN RA Please be advised that the next meeting of the Zoning Board of Appeals is scheduled for the first Tuesday of June, June 2, 1970• In response to your letter of May 5, 1 asked Mrs. Amdur to clarify with you the matter of the minutes, etc. being on file with you. I do not know why they have not reached you. Sin e r e I y Peter S. Levatich P S L : k 1 ZONING 'BOARD OF APPEALS DRYDEN, NEIN PORK JUNE 2, 1970 PUBLIC HEARING Appeal of John McEligot regarding his property At 150 Turkey Hill Road. Permit to build a one car g'arage - 141 x 201 was denied. Mr. McEligot stated that he needed the garage to protect his car from the elements., for storage of his toolti, outside furniture., etc.., and that a garage would help to keep the property well kept. One neighbor spoke in favor of the erection of the garage and there were no objections. The -Ooard deliberated and decided to deny the request for a variance for a six foot side line encroachaent for the following reasons. 1. The board r,,cognized the size and location of the proposed garage being different from'that contained in the previous appeal -filed on February 181 1970. The Board determined that the proposed garage is fully inside the side and front yards (outside the set -back limit lines) of the property. The Board found no hard- ship other that financial since theproposedgarage can be con- structed elsewhere on the property and within the setback limit lines. 2. 'The Board took into consideration all evidence presented during the hearing and all evidence and knowledge it obtained during the previous appeal filed by Mr. McEligot. 3* The Board in its discussion took into consideration the fact that matters of financial loss or gain do not constitute a basis for unique or undue hardship which is the condition required to exist and which condition a Variance of the Zoning Law is designed to alleviate in individual cases. Taken from the formal notice of the de.;ision of the Zoning Board of Appeals JARD OF APPEALS OF THE TOWN OF DRYDEN, NEW YORK Notice of decision in the matter of the Appeal filed by Mr. Howard Blodgett on June lz`;9 1970 regarding his property at Irish Settlement Road, which appeal arose from the decision of the Zoning Officer that a newly constitute usage of the property.was not permitted by the Zoning Ordinance. Subsequent to a Public Hearing duly advertized and held on July .7, 19-70, the Board deliberated and decided that the matter was not in conflict with the Zoning Ordinance of the Town of Dryden and was therefore not a matter in need of an Appeal or the granting or denial of a Variance.' From evidence presented at the Public Hearing by Mr. and Mrs. Blodgett and from personal observation of the premises and discussion with neighbors of the applicant by one of the Board members the Board unanimously concluded the following: -The property in question has been used by the applicant.for at least 10 years to operate a salvage business, elsewhere also called -a junk yard, primarily dealing with used automobiles. This business receives automobiles in a condition unfit to be operated on public roads and either 1). salvages parts thereof for resale, or 2). repairs them for resale as vehicles fit to be operated under State laws on public roads. Zoning Board of Appeals Date: r, ZONING BOARD OF APPEALS PUBLIC HEARING JULY 7, 1970 The appeal of Howard Blodgett to operate Ft used car, lot and salvage yard on his property at 829 Irish Settlemfint Road. Mr. Modgett stated that this is his only business aid is his main.. sourceof income with the exception of a part time bus driving job, which he does only in the winter months. Ile has operated this business for the past twelve years. He has met the requirements of the State, one being the requirement of a used car license. His property also meets the requirements for t. permit, except for allowed use. There was no objections From neighbors of K70 Blodgett to his contin— uing the operation of his present business; of operating a used car lot and salvage yard. In deliberating, the Board found 'no eviden6e that the existing business had been enlarged or expanded since the enactment of the Ordinance, The Board found rather that the enforcement of State Laws as per— taining to motor vehicles caused a reorganization only within the existing business operations of the applicant. From all the evidence presented and cons'irlered the Board feels that the operations of the Applicant's busin6si; as they now exist- are not in conflict with the Town of Dryden. Appeal of Thomas Brown,, Hunt Grove Rd. Called off. DRYDEN ZONING BOA?D OF APPEALS pUELIC HEARING AUGUST 4, 1970 HEARING IJIMBER ONE Evelyn Murphy requested a permit to remodel and make fit for living a one bedroom apartment in a barn on her property at 1384 Dryden Rd. Ithaca, New York. There would be no additi.on or extension to the present building. The septic System and wa-,,,3r,.are already in the building. The property is in the MA zone. HEARING NUMBER TNO Steven Mensch, 12 Etna Lane, requested a va.,'iance to section 804. regarding landscaping and yards. A shed al$0 that would be in violation of the set back and side line reqiirements. 11r. Mensch moved to the location three years ago and drew up plans and started to remodel. He put in the parking area and gravel in the Fall of 1969. Part of the plan included. a shed located on the side property line and 25 feet from the edge of the road. Some of the property owners in the immediate area signed a petition stating that there were no objections of tl;.(,, erection of the proposed shed. The petition was presented at the he ring. Mr. Purcell was present at the hearing to say that he felt the shed was in good taste and did not object to it being in the propc,iied location. There were no objections to the proposed shed. HEARING NUICER THREE, Alton Reed requested a variance to section T02 and 703 — c ' overing more of the lot with building than is allowed"in the Ordinance. Mr. Reed wishes to construct a 241 x 601 shed of this South of his barn and a shed roof over his trench silo to keep the 3now from drifting in front of a doorway. The shed -would be 81 feet fr(m, the .1 road. The lot has 35,639 square feet and only 12,214 square feet is usable if it is to conform to the ordinance. kppcant states there is nov, way he can rake it conform. He has tried �o trade land with'Cornell over a year ago and has not been able to n-3gotiate-with them. Adjoing property owners have no objections to the shed. No one was present to speak for or against the constriction. ZONING BOARD OF APPEALS SEPTEMBER lt 1970 PUT3LIG HEARING 8 P.M. HEARING NMV3ER ONE William Krantz, 107 North St. Dryden, N.Y. requested a building permit to place two mobile homes on his property it 107 North St. Dryden. - Request was denied because zoning does not permit mobile homes in the CB Zone. Size of the trailers are 121x651 and lO'x55'- Appeal was made on the basis of hardshiP'tlat Mr. Krantz!s sister can not drive back and forth from Ithaca. She would live in one of the mobile homes. Mr. Krantz wishes to live in the other mot .'-Ie home so that he may rent his house which is located on the same prclarty, to Tompkins -Cortland Community College and therefore receive additional income. The property already has three septic fie](s and a water system that has been inspected by Dr. Donahue. Mr. K-xintz further stated that since there is a large trailer park across' the road and one located in back of his property, he felt he slioulc be allowed to place two trailers on his property, since all are it the same zone. Mrs. G. W. Ellis 135 North St. asked the uestion; "Since there are two trailer parks so near by, why not put he trailers in bhe 9f '-the parks?" Mr. Krantz answered that he alrea([-,, has the septic fields and water system in and inspected for the tra--'.ers. Also it would be additional expense to pay park rent. Mr. Louis Hardison, Dryden, N.Y., represei,ing Dryden Enterprise - which owns land in back of Mr. Krantz's pr)party and Ronald Goddard who also owns adjoining property. Both q))osepiacing mobile homes on the property, Mr. Rose asked; "When there is a dwelling )n the premise, why vacate the -dwelling for a mobile home?'! Answer "So he can rent the house to earn extra money." HEARING NUMBER TAD Mr. Dewitt Hine requested a variance to pls(:e a second trailer on his property on Besmer Hill Rd. in the RB 2(,ne. Mr. Hine bought the property three years ago and started construction for the placement of two trailers on the px(iperty. At the time, a water system and septic system was put in for the two trailers. Inspection was made in October, 1967 as var-,'-fied by a certificate from the Board of Health. Also the drivewa,— and -wiring were put in, The first of the two trailers was placed or. the property in September, 1967. Since everything is ready for the SE(sond trailer, applicant would like to utilize his investment by pla,.-ing the second trailer on the property. Mr. Walker, residing on the corner of SnydE.' Hill Rd. and Besmer hill, and representing Mr. DeClaris, stated oppoE,.tion on the grounds that trailers would depreciate the value of his )roperty. Mr. Walker also opposed placement of the trailers on Mr. HJ.ies property on the same grounds. Mr. Hine stated that there was we-ods between Mr.. DeClaris property and his own. Also, the Hine's property can not be seen by Walker except from the second floor of his house. ADDITIONAL BUSINESS Hereafter, The Zoning Board of Appeals wil*.,.*meet at 7:30 PM on the first Tuesday of every month, with Putlic hearings beginning at 7:30 PM. Each Hearing is to be scheduled to last not more than twenty minutes. Dryden Zoning Board of Appeals October 6, 1970 public Hearing 7:30 PM Mr. L.B. Hardesty appealed the denial of a periiLt to open a gravel pit on the corner of Irish Settlement Roads and Midline 3c3.d in the town of Dryden. Mr. Hardesty stated that the digging would not 3e seen from the road. Only the approach to the pit would be visible. His first operation would be that of digging bank run gravel and possibly crushes bank runt wants variance open to future expansion such as a washing plart. There would be no need for blasting now or in the future. Mr. Hardest agreed to limit his oper— ations to no blasting at any time. Those present at the hearing who would be in fl vor of granting a variance included Mr. William Snell who sold the prop(:r,y to Mr. 'Hardesty. Mr. Snell owns a trailer near the site of the proposed g; avel pit. Those opposed to the location of a gravel pV� ncluded Donald Huslander, General Forman for the County Highway Departna�t. He stated the roads in the area of Midline Road and Irish Settlemen',load would not take the travel of heavy trucks. These roads are narrow and c!rving and were not built to accomodate the traffic that would be generated by the location of a gravel pit in this area, Mr. Ed howser spoke for mr. Schutt who is nor _iving in New York City, but who is about to retire and wishes to retire to his farm located in this area. He does not want to be subjected to all the -clfusion and noise the gravel pit would generate. Mrs. Ed howser Spoke of several bad experiences due to the curves and hills and narrow width of the Midline Road. These ir.-,luded trucks throwing stones, overloaded trucks, and trucks going at high roes of speed on the downgrades. Also, regarding the conservation aspect,, Mr-.. tiowser asked what would happen to this land after all the gravel had been scrapped off the top? Also, the headwaters of .Six Mile Creek which flows into Ithaca is located in this area, wouldn't this operation poDute these -waters' Mr. Hardesty answered that always in the pact he has reseeded any land that was no longer to be used for extracting sans (r gravel and would do so here. He plans to build a pond to use for washing gravel and would not use . the Creek for any of these purposes. Public Hearing closed and was followed by a discussion by the members of the Board of Appeals. This discussion was tabl(°d Until further investigation could be made. The case of Steven Mensch,, Etna) New York w;Ls turned over to the Police Justice for handling. r Zoning Board of Appeals of the Town of Dryden* N. Y. Notice of decision in the matter of placing one mobil home filed by Dewitt Hine regarding his property at Besemer Hill Road, R-B Zone, which appeal arose from the decision of the Zoning Officer denying permission to place one additional mobil home on said property which would be in violation of Seotion 701 of the Zoning Ordinances. i A Public Hearing, duly advertised was held September 1, 1970. Present were all five members of the Board and Sibley Stewart, Zoning Officer. The Board heard all evidence, deliberated the matter and decided that the matter constituted an existing, nonconforming use which was begun prior to the date the Ordinance went into effect and is now being completed as originally commenced. The Board considered all evidence submitted'at the Public Hearing and known to the Board members. It concluded that the water and sever fa oilities, which are the only facilities permanently incorporated into the land, similar to the foundations of a building, have been completed by the applicant for two mobil homes prior to the effective date of the ordinance. Thus the placement, of the second mobil home contemplated at present constitutes only the completion of the project, though non -conforming, nevertheless permitted by the documented intent of the Ordinance (see evidence of Public Hearings prior to the adoption of the Ordinance). The Board was unanimous in its decision that the placement of the second mobil home completed the original project only and that the two mobil hones after both are placed onthe land constitute a non -conforming use jointly as if they had both been placed prior to the effective date, of the Ordinance. P.S. Levatich, Chairman Zoning Board of Appeals September $, 1970 DRYDEN ZONING HARD OF APPFILS NOVENBER 2, 1970 Mrs. Spofford was present at a Public Hearing to appeal the denial of a building permit to attach an enclosure to the front of a trailer residence at 572 Main St. Etna, New York. Mrs. Spofford owned a house on this location, but it was destroyed three years ago by fire. Because it was necessary to provide immediate housing, a mobile home was placed at this site. It is necessary to provide an enclosure on this mobile home to protect.the door from blowing snow and rain. The proposed structure would be approximately 4' x 51 and would extend 1811 beyond the former structure. - No one was present at the hearing to oppose the erection of the enclosure. Mrs. Hang; occupant of the mobile home and tenant of Mrs. Spofford, was present to speak in favor of the proposed building. There were several persons present to question the proposed gravel pit on Irish: Settlement Road. Mr. RobertScutt opposed granting a variance to Mr. liardesty because he plans to retire soon to his home located behind the proposed site. The trucks would create a lot of dust and be destructive to the county roads. They would also be hazzardous to persons living in the nearby area due to the curves and narrow width of the roads. Mr. Scutt said he was not notified of the Public Hearing for Mr. Hardesty in October but -would like to voice his opposition.at this time. He would not like to have the Board grant this and future variances to other commercial businesses in this area. Mr. J. Dennis who owns 120 acres on Irish Settlement Road said he plans to build a house when he retires in two years, but would not if there was going to be large trucks on the roado Mr. Howser., who was also present at the October meeting, spoke again in opposition to granting the variance for the gravel pit..because it would devaluate the property of the farms and homes in the area. Owners would not be able to sell their property if they wanted to, the dust from the trucks would be undesireable. Mr. howler felt that there is :enough of a supply of gravel from other local gravel pits. Dryden Zoning Board of Appeals November 2, 1970 Monthly Meeting The first case discussed was that of Mr. Hardesty and the proposed gravel pit on Irish Settlement Road. Letters from area residents were read by the chairman. All were opposed to granting the variance. Also many phone callswerereceived by members of the Board all of which opposed the proposed gravel pit. Since the last meeting, it was learned that Mr. Hardesty has the property in question listed vjith a real estate broker and plans to sell, hopefully with the variance. No ben6fits to the Town of Dryden could be visualized for the future from granting the variance. On the other hand, it appears that the welfare and wishes of persons living in the immediate area should be considered. The zoning ordinance created no li,xthips for Mr. Hardesty, since he purchased the property after zoning was established. The Board voted unanimously not to grant the variance. The Board voted unanimously to grant the variance to Mrs. Spoff6rd to build the enclosure on the front of her mobile home. The definition of; factory manufactured structures., mobile homes,, structure, issuing building permits were discussed and approved to include in the present Zoning Ordinance. These definitions will replace those presently in the Ordinance. I A suggestion was made that the County Health Department send a copy of the departments approval to the Zoning Officer so that he would be alerted of future building. Zonirii; B: and of Ippoals of the Town of Dryden, N*Y* Notice of dooision in the matter of placing 2 mobil homes filed by William -rantz regarding his property at 107 N. Street, Dryden, C-B Zone, which appeal &rose from the decision of the Zoning Officer denying permiusion to place 2 mobil homes on said property which would be in violation of Section 1101 of the Zoning Ordinance. A Public Hearing, duly advertised was hold September 1, 1970,, Present were all five members of the Board and Sibley S"tewart, Zoning Officer., The Board heard all evidence, deliberated the matter and decided that it had no -jurisdiction in the matter since trailers placed on a property constituted dwelling units me defined in the Ordinance in AFFLNDIX A, Definitions. Such mobil homes being intended for dwellings use (one or more families) would constitute a Use Allow -ad by Sptzcial Penit only (Scotian 1102) in tree C-B Zone In whi'oh the property in looated, the Board felt that the granting or denying of the Appeal was not in Stew jurisdiction. Special Permits are only granted by the Town Board. The Zoning Board of�Appeals voted unanimously in favor of this decision noting furthermore the concensus that even if it had Jurisdiction in the scatter, it has had no evidence of any hardship can which it could have based the granting or a variance. CelS. I,evstioh, Qlairman Zoning Board of Appeals September 8, 1970 ZONING BOARD OF APPEALS OF THE TOWN OF DRYDEN, NEW YORK Notice of decision in the matter of the Appeal filed by Mr. E. Paul Whitted on April 6, 1970 regarding his property at 525 Whitted Road, which appeal arose from the denial of a permit for locating one trailer on aforesaid premises. Subsequent to Public Hearing duly advertised and held on May 5, 1970, the Board deliberated and decided to grant a variance to Mr. E. Paul Whitted with the following conditions: 1). That a building permit be first secured to construct his proposed permanent residence on the same premises, 2). That the trailer be occupied by Mr. E. Paul Whitted and his immediate family members only, 3). That said trailer to be removed from said premises upon completion of construction and/or upon occupancy of a permanent residence on the same premises but not later than three (3) years from the date of this Variance, at which time this Variance shall expire, 4). That the use of the trailer while on the premises conform to and comply with all applicable regulations of the Health Department, and conform to the require- ments of the Town Zoning Ordinance. regarding setback from the property lines as if it were a house. In reaching this decision, the Board considered the size and location of the premises and its relationship to neighboring premises, residences and roads. Itquestioned 2. the statements of neighbors present none of whom expressed objection to the granting of a conditional Variance as formulated above. The Board deliberated at length upon the degree of personal hardship of thie applicant and all other facts presented at the Public Hearing. The entire Board being present, the vote was three (3) in favor and two (2) against granting the Variance. In discussing the degree of hardship existing in this case, it was the opinion of the majority,among other considerations, that it would be difficult for the applicant to construct his residence (which he intends to do himself), while living away from the premises in view of the fact that he holds a full time job and intends to construct his residence in his spare time. The majority felt that the premises and its environs were such that the intent of the Ordinance was not diminished and no hardship was placed on others by the granting of this conditional Variance. The majority expressed the opinion that this Conditional Variance will not constitute any precedent in future Board decisions. The minority of the Board was of the opinion that insufficient hardship existed in this case to warrant the granting of a Variance. The minority held that personal financial convenience to the applicant was of major consideration in this case, a matter which KE categorically is outside the considerations, terms and intentions of the Ordinance. The Ordinance, a matter of law, does not consider or admit for consideration the criteria of financial convenience, benefit or rate of return on investment in individual cases but intends the welfare, financial or other, of the community as a whole. Thus the Ordinance is set up to maintain minimum standards. of the physical environment and thereby intends to establish continuity and security for all properties, all investments, all members of the community, present and to come. The minority, therefore, felt that unless cases are considered within the framework of the Ordinance as it stands, the Board may exceed its mandate and authority. By following its conscience only, and by neglecting the law, as severe as it may be in individual cases, the Board may depreciate the benefits of the Ordinance. Particularly the major benefit which consists of the knowledge and security among the people that the Ordinance limits the changes to be expected around us. The minority felt that if changes in the Ordinance were in the interest of the Town and its people, such changes should be made by amendments to the Ordinance and not by the granting of Variances. Chairman Board of Zoning Appeals Town of Dryden 15 May 1970