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HomeMy WebLinkAbout1972 ZBA MeetingsTo\tin of I;rgirl e.n ?onin;, Board mein -hers present: R. Keecli ,. Carpenter D. Rose lt. �,9<'rnl'1.15 Plennin„ Tioar� C Cverett a' 1.a.idw'el.i V . Deck A. Reed Robert KP�cll 7cnirl 13oarr? comber t)resicied ovea meetiu�; ili abaer�ce of Chairm=gr1 P. LevtiC11. '� r-Peetln" P'1S held witll 1,11e :Onlilo Buc-Ird ono], ttie Pia nnin. 30ard cu"Cer,iln, rhere t.'��y m, ` h(' help. Meetinc, co-Tlme,ice,_l p.m. I'lannin� `3oard rllcli_Calcl,,,ell stated. ulie Boards yob i.l two catet,orie5. 1. Overr l_ : (,f ;n:tCroi pla ilnil';_,, health Heeds, pop•iiation ,)a•o- jectir,ns. "`ays to control Ll,is t,hro�i-h or.il«ncea. Involv(,c'. in mech1 a.rlics of s,ibdivision apyrova , Mobil dome 1'arhs. The Hoard i s c�lnsi('Prinb rleetin-s cx. moilLtl. (ine for e e feral planr�iu� � a n 0 one strictly for mechanics. r?obPrt iCePCh rai serf ('ln n iestio1 of lot sire recliii•ed for i,a aT artrr,e1i h,il�in . �•Iml)(,r of bcarO o-ns in apartment constit ites l;uw many people laving in al}.irt;ment. '!'here is a !rent need t•or one bedroom aparuments U t�OO aiid 107 OUO for each in area. T c n lirr-e far first ily,:3Ytm21it is itionaI .11.so there is i problem of Homes lleiii- built in u, i area and t.h('n solrI to inrlivic' ials. This creates problems in retard uo sgbdivision or(li^ncPs. S•rbdivi:.a ons are p,it On ma_° r-s they are approved. i;i.sc ission (I With s ibdivision l�(tits.. Disc tszed Billboards in lown. Oil lironlP comrlyin T t rats s t :, . ('= L('.l l,'i� L ,,e eaco iraiL�e lc-r"e companies to come diet) Life 'loltli of Dryden allot to ta.i for o°ir Bonin; to enco irate Lrowth. A comm_inity that is strictly residential is hi.01 taxed. A sai�,,,estion was made to enco,iraic e VOI l home T'ark developer `tith Tara so that trailers will not be on prava Le LnL. ltespectf illy s-ibrni t,ted, Mary Bryant, Rec . 6ec . lrVenicinin, t;oard of Ap,::eals January 41 1972 Pr Psent: Town Board Members Present: Chairman Peter LeTatich Ed Carp-nter hermit Marq,iis Donald hose Supervisor C. McCord ^9. Webb L. Gridley C. Cotterill Also present, hf. Hoagland Town Justice, Helen Amdiir Attorney and Sibley Stevort ',onin,- Officer. Absent: Zoning Board Vember Robert Keech, E. Newhart, J,istiee. Town Roard %'ember Henry Tarr. F,iblie Hearing with Matthew Yob of White Advertising Agency Cancelled. The meeting with the Zonint Board and the 'sown Board commenced at l:JU p.m. Zoning Board Cha.irm�,n Levatich described the function and proced,ires of t'+e board and explained how a. P,iblic Hearin; is sclied�lled. Sibley 6te%vart ?oninp Officer sched,iles liearinf,;s. Tt v;'s stated Zoning is for Q.e benefit of long term growth. A saLgestion n-as made that there are some points in Zoning that should be changed and to p,irs,ie violators. The time to stop a violator is before he starts b,,il(1i.ng, not when Fie has it almost complete. There will aiways be cases where a person will deliberately be in violation. If a situation existed 1,ofore ?onin(r, it presents a problem. When a violation is determined, a notice of violation is sent to the individual and is ta.en care of within a certain period of time or it is t,irned over to Justice Court. It was discissed with J,istice Hoagland the matter of Jury trials in regard to violators. It Pras stated any violation of a Zonin6 Urdiance for the p,irposes of j,irisdiction is treated as a, misdemeanor and is t'tierefore en— titled to a J,iry trial. The s,igbestion was made that an effort sao�_tld be made to start on some of the Jury trials. Discussion followed as to c„ ie problem of providi np a Jiiry. DeForest Furman case was disc issed at len6i,h. %`r. T',irman is ising his property as commerical in a ilB Zone. Trailer Park orrlinnces, along witli ordiaiices for a Mobil Dome on own property was brou6lit 'I'll. Zonin*t, Hoard Janaa.ry 4, 1972 z.. ,qpPrvisor Charles McCord stated Lhe following problems. 1. "'he gro,ip of a.mendmerits to IlLe :Loninr which whicis c,irrently lh(,in� pqrsged. in terms of definition of c yard, junk cars, ;;ravel pit etc. stio,0(1 be reocly by the end of Febr�iary. 3. "atter of jgrisdiction beticeen the Town Board and Board of Zoning; Ar)eals. Enforcement of Zoning iJrdiaraces. In vies; of the enforcement problems it was s,zg�,ested that the Boards, With t2 e J stices sl�o-ild meet for the next several months to review any questions a-trl to f,irt,her commrinicaLions between the Boards. Meeting ad j o,arned R; 45 p.m. Respectfully s-ibmi tted Diary Bryant, Sec. nryd P. i '7,oainS Boarj of I -peals lie Honrin'': May i 9 197:: prps(Q: Chairman Peter Levatich bob keech Wd Garpouter hermit Marquis Also present: Sibley aterart, Zonint officer. helm Amdir, Attorney. Abseit: Board member Donald aose The I eetint comyeoced at i:W P.V. HFAR' NG — 7QO P.". Robp�t W. porter, 34 Pitcher Ad. Applicant waats to exte"d cis barn to with n sixty (GO) VPPof the road - Vr. Porter is beekint a variance on this. ns 7oninp Ordinqco reWres a seventy IN) foot setback{. Mr. Porter oiny -nmed lAyolt of pre gent. KrIctire. PUTIK: 7nnni-oislY 00nied- R7,%R_IIJG — 7-.5() F.".' Jnme3 Brotherton, 101 LaKe ad., Dryden, N,Y. Mr. brutLertun wants TO Vill a hoi6e 0 R3 VUL V., Dryden, N.Y. His lot dues not meet the frurt fonnate reqUrement of 125 feet oi the J0,00U sq. feet reqiireponi. Applicant owns 25 feet w"A woiLd like to biy adjoinInL lb feet. Ihere ras no one present to sprvsfor or aLainst this variance. PFC19TH4 Will issqe permit sibject to Keailh Dept- aP&Uval, H7Ah TN C — ?: 10 F-V PeF(rest Pqrman, Slatervitle NJ. Vr. Furman has beet nsint his property for Wes "ispIry at above addross for GlOome BqildivLs. Vropecty is locrted in n RK Zone, where commerical display is not as aiioreo :se. Appijcont wishes as bjildinL perriL for ardening at snore addreso IsiuL 011(me strictirp as nrOeniny ise. ALUrney WrIss Currey, Ithaca, ..y. spoke for Mr. Eirman. Ir. Cirrey ,,, d , "p,licution for a bUldinu permit uas made FeU. i, Z. U11 bmen K ihis npplieLtion Yr. Firma" described tine locution ut rictire b Dryden Zoning Hoard of Aopezuls �ablic Hearing (2) May 4, 1972 in q lestion, ' 5 feet from center of road, 90 feet from 6. Reed property and some distance f,irtiier from Town of Caroline line. In addition 1;r. F,irman ins approximately 325 leet frontage. Mr. C•irrey aseied why 1tr. Yirman's strgct,ire does not fit in t,le permi ited -ises of a k13 Lone. Board Yembers referred to letter written by Zoning Officer Sibley Stewart in regard to this matter. Mr. Furman feels tie is not in violaLir.n of 'Town of TDryaen ?oninp Ordiance and therefore feels his a.pplicatioii for b iildinb permit, sho,ild be granted. Helen Armd,ir, Attorney for Town of Dryden, representative for Zoning Officer sir. Stewart. Mrs. Amd,ir stated the primary q�iestion involves whiet'Ller or not the Zon; no Officer has discretion in iss,iing a b,iildiiq, permit. Mr s. Amd-ir cited case Lottenmp vergs Yognv, 249 ::d 330 21A.D. 2d 373. It was held the Zonint Officer has discretion in determining whether or not a Niilding permit sho,ild be issiled. Zoning Officer has a duty and obli6ation to take into consideration all of the facts aiid circumstances surrounding any partic,ilar application. Mrs. Amd,ir stated the facts and circiiMstances s,irrolindin,c-, this application cover a lonL history of proceedings, both be- fore the Zoning Officer, Zonino Board of Appeals and twice in S-ipreme Co,irt. Permit was not turned down witho it a reason. A question aszaed by the Zoaia_; Officer of I!r. Farman �.-as to state what the nat,ire of �,arden use wo-ild be ,an(', woqlrl like some assurance that it would be kept as a private ise. Mr. F•irman rpf,ised to ansv.er this ggestion. As a res,ilt of ref isinL; to ansvaer, the pr-rmit was turned do- n. Mr. C,irrey asked the Board to consider the application as it is now.. Mr. r',irray also stated, to ttie best of his kiowledbe, Mr. 1-irman has removed his sign and has no li Lerat,ire available to tiie general p,iblic. Mr. Furman plans to ise this strict -ire os a , irdenin , ho-ise. Mr.. Aobert Stout, nei�htaor, spoke in opposition of graritinb €, permit. Mr. Stolit stated Mr. Furman J,ist toot: the sinn down and that the door to the biildiu� is left open so th€it the Wy V, to .Z MIA _i c Uvnrinv F'reqpnt.: 60 A Ab4ent: Robert leech Ed Carpenter Kermit AEarq is Donald Rose Sibley btewart, i omit Ufiic er Chia a rmian Peter Levaeti.ch Board `aembcr Robe.•%, Beech presided over the meeti.aL in the absence ci Chmirman. Levatich. Fyarin; ; 7:20 P''— Frrank Senr: , 100 )j arr.y Rd . , Dryden, New York. Vr. `;e. .•s rrojest-0 as blildiny permit to constrict a crarport on k5e .>"Ab side "F fills hdT"sp , P"d 1'er tests to variance to Jea; L un 701 of LUC Iowa W iaryIen Win- Ord _<ance. SasAncik is 50 .Feat, show d he 1" feet. No ob jec E.i ons e'er, heaard sand/or reepived by the Suard . UFCJ AT ta;;: ITnanim ) 2sly granted . RespectfgLly- bobmiLLed Awry Bryant, sec. >qryden Zoning Board of Appeals Public Hearing Present: OXY4 Absent: August 1, 1972 Chairman Peter Levatich Donald Rose Robert Keech Ed Carpenter Kermit Mirqqis Sibley Stewart, Zoning ufficer HEWING: Steveco of Ithaca, Inc. (Steve Shilman) Appeal made by Stpveco of rttaca, Inc. Application for a bqiidinL permit to Ippye n Wye fqP1 tank in its present location at 2185 Hanshaw Rd. Applicant reqqosts a variance to0ection 804 of the Town of Dryden Zoning Urdiance. Mr. Shilman explained why the 00i took wns placed it its present position, 1. It was not a SLric&rp, swul a I s&rqcLqYe is bililt on and attached to the yroqnd. 2. A trianyqlar piece of property sitiated on applicants land was considered a dead piece of property, as the property line ends and the Uas and ElecLric have a right of way. At this time yr. Shilman considered the tank to be well within his property Lint'. There was a qiestion abort the s"rvey snake being in piece at the time of placement of fiel tank. Stake is now in place aad Lani is within 15 feet reqqired. Applicant stated reasons for leavinn Lank in its present location and not moving? it 10 feet. 1. Tank is now on n dead piece of property. 2. At this point it w"nld cost " great amorist Of money 3. Create many problem: an far as the Lra i ier park is concerneO , one being the trailers world not have fuel while the tan, is moved. Applicant is willinj to plant trees as a buffe7 zone. Mr. Uehry AeLuia, a nei,hbor lives abort 1/8 mite from the park on Hanshaw ad. stated everyone shoitd be treated eqqally where Zoning, is concerned. Mr. and Mrs. Boyles own property adjacent to the trqiler park and spoke of their concern with the fuel bank. yr. ShOmon told the Board he Cried to pirchaso property from the Boyles Wt to no avail. Lynn June also spoke of her concern as to the Ill "U; ou a,lu V1 alb Pr tJ P"blic Hearing 60-10,011 Present.: Chpi_rman Peter Levatich Donald Dose Ed Carpenter Kermit VRrggis Robert Keech Sibley Stewart, 7onin, Officer tl nr.iu: Hoya,rl Al?P_ !9rrf, 11 CoLieoe Ave., Apt. 5, Ithaca, N.Y. Application to convert Arognd level entrance basement into 2 one person livinb units on 12no Dryden Rd. There are 2 existing i bedroom snits on street level. With present proposal there will be a total of 4 one bedroom snits. Health nepartment aparoved for a .t dweLlint init. These snits are intended for only one person occipancy, or at most a married cojpie. WarninL facilities are adennate. There is considerable land, being a. very aeep iot and isolated by trees on the borders. A fence will isolate tue side from the road. Mr. Aldendorff stated according to rep iirements for i famiiy dNelii.nL yo i need 20MO sp . ft. and 125 ft. fronta3e. Presently there are 2 dweliin`s vith 110 ft. frontaSe with 25,0% ft. total area. Mr. Aiaendorff cited a fen cases similar to his. He stated he is see4in an area variance, qsino the exisUaL bjildin©,. mr. Aldenoroff also stated the money he is not receiving; from the dwellings is not sifficient to meet his financial responsibilities, there— fore it is financially impossible to .keep qp with improvements on property. Mr. Keech, Board member, asked applicant if he had considered loninL before pqr- chasing parcel. Applicant stated the Realtor told him there woad be no problem with Zoning to convert basement into apartments. No firther ggestions. No objections were heard nnd/or received by the board. P7CT.STCN; Cranted, inder the condition that applicant bring in paper of approval from Health Dept. for a 4 ugit dweiling. Respecbfgiiy sibmitted Mary Bryant Rec. ;sec. Dryden Zoning Board or Appea.Ls; Public Hearing Present; 0A I Chairman Peter Levati.ch Robert Keech Donald Rose. Ed Carpenter Kermit Marquis Sibley Stewart, Zoning Officer Iiear4 Keith Lanphear - 2022 Dryden Rd. Mr. Lanphear was present at the meeting aiid stated he is applying for a �Iiil.ding permit,to constrict a 5 unit. apartment building, with.4he, addition A, of 2 basement units at a later date. This .property is located on. Johnson Rd. at the intersention with route 13. Apartment buildin6•wili be 2°stories high. Applicant stated there is a, great need for 1 bedroom apa.rtment,s in this area. Checked with Health Dept in regard to drainage Mil."Lanphear's ��2 IPA property.is located in a zone. John Schnurle, 2085 Dryden Rd.' `spoke in opposition of ograntin ' -var.� once, stating Mr. Lanphear does not have the,land required for an.apdrtment building. ;: Aran, Everett, Foothill: Rd. also spoke in opposition of grantiinf;".variance, stating his present str,ictiire sh-o,i,ld be taken into consideration as, it is in a deteriorating condition. Hudson Sadd , Fergerson Rd. spoke, about square footage � regf.iiremeuts, i-ieeded. Mrs. Richard Lance was present a:nd spoke in opposition of Lranting variance. Her reasons were that any of Mr.,: Lanphear's proposa.is are very ,vague and sometimes do not materialize° and, the, iiei�-;hbors' ao not know what bo',expect next. Also she stated nature of neighborhood 'should° be considered.,', Chair- man Levatich read letter to .those present from Mr. ''Richard Llance stating Iiis opposition in granting variance, DECISION: Denied ifr Lanphear will talk with Sibley -Stewart, Zoning Officer and Helen Aridar Town Attorney abo,Lt p,irchasi'ng additional 'laiid. to meet sq. ft...regt',drements. The Board disc,issed Zoning and set,.np a meeting date of Jan., 2, • 197,3 .with the Town Bd .. , Plannin8 ,Bd. and ' Zoning Fad. to ` t;alk farther in';the area of Zoning. Sq,iare footage for l bedroom apartment s will also lie d1sdttssed.