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HomeMy WebLinkAbout1974 ZBA MeetingsFebruary bt 1974 zoning Board of Appea�,s Town of Dryden Present: Chairman P. Levatich, Board NVembers D- Rose, h. Marquis Zo S. Stewart. Absent; Board Vembel's U. Keech, E. Carpenter _Donald L. Scutt — 1655 Dryden lid_ Mrs. Sc,.Itt was present and requested a variance to build a two —car garage. Structure is too'clOse to the side lot line. 'the minimum distance required is 15 feet from the side property line. I Applicant stated -there is more than enoiigh frontage for 98rage. aiso stated her neighbor Mr. "late is in agreement to build garage. ';'here was no one present to speak for or against variance. DECISION; Granted The prope rty ertv Line is at an angle which makes the back corner of the .- naraV,e in violation of the zoning ordiance. Also there is no other place on the property where a ga,ra.ge may be built. Hearing #2 — Leslie !baser =_555 Dry1_eE=L1_aL!.2_r_d—LZ!!-- Applicant was present and is seeking a variance to place a !Mobile Home on his property at 372 Dryden—liarford Rd. the itB zone. 1he large lot residential zone does not permit the installation of %,Iobiie liomes. Mr. Bowser was present and stated he sold his home because lie did not need s, taxes were too ile also stated he was ich a large home and that the [-I.ot aware of the zoning change when he sold his ho,ise. he had owned the property for 17 years. He now lives in a \,,Iobile home on L. 6CiltL'S property and woild like to move his trailer as soon as possible. Yr. and. Vrs. George Chevalier are in favor of granting variance. -,hey stated they can see no detriment to the neighborhood. Carl Foote — Owns adjacent property and stated there are enough trailers tliei already — Opposed Shirley Skogfeldl — neighbor — opposed Qnincr }3oard of Appeals (2) February 51 lyoll Vr. . and Mrs. Jack Ueed. — Stated the area, has been rezoned and w iaid charge character of. nei Whborhood . DEcI sI ON: Not granted the board discgssed the matter and joind no Inasual hardship- hespectY II) s.ibmitted Mary Bryant, hec. 6ec. I 1� 0,oning Board of Appeals Town of Dryden April 2, 104 Present: Board Members Robert Keech, Ed Carpenter, Donald hose, kermil Marq0s. ZO S. Stewart Absent: Chairman P. LpvRtich Board Member Robert Keech presided over the meeting in the absence of Chairman P. Levatich. Hearing #1 - 7;30 p.m. James Filler -_Q_Sapsgcker Woods ad. Applicant was present and stated he wishes to put a storage addition on his garage. This is in violation of side —lot lines requirements. Mr. Wier lacks A foot of side yard. Applicant stated present house was built 4efore zoning and reason for constricting storage addition on his garage is a matter of economy. George Allen of 39 Sapsucker Woods Rd. (neighbor) is in favor of granting this. Strqctqre is 7 feet from Mr. Allen's property. DECISION: qnanimonsly granted Hearing *2 - 7: 50 p.m. George L. Allen — 39 Sapsucker Woods Rd. Applicant was present and stated he wishes to place a Mobile Home on his lot at 37 Sapsicker Woods Rd. Said lot does not meet the front footage requirement: of Zoning Ordiance. Mr. Allen is doing this for his sister and presented a letter from Dr. Bryce stating her condition. Her condition being she has Arthritis and shoild be in a one—story dwelling. hook on main sewer pipe from Cayuga heights. DECISION: unanimo"sly granted Trailer is 12' by 60'. will April ly 1904 8rd of Appeals 'Zorliq jearinw #3 — 802-Rom- jonald B._CjIrk=_LiverMRre_Rd__L him to build a holse on Uarjord Id., "t.36 AoVi I icant requests a variance 10 the square footage requirements. "Ot Qryden, N.y« on a lot which does not meet s between Mr- Clark and Mr. in ,ebtion is undersized. The land transaction i owns additional property. Carl Foote- Mr. Foote is owner of We land and also DECTOON: Denied s additional land avaii— The variance was denied because the Board feels there able. Lot lacks 6,3751 of meeting requirements. Uear' i4 8:30 p.m. Leslie "owser — 555 Dryden Rd. place a Mobile Home on his property. MoDile NpDlicant is seeking a variance to homes are not an allowed use in the RB, large lot residential. Ihis is the second appeal for Mr. Howser. Mr. L. Schutt presented the Board with a list of names in favor of granting LWA variance. Vr. Ceorge Chevelier of barford Rd. spoke in favor of variance- Mr. Chevelier stated he feels the character of the neighborhood along lit. W is established t( qjite a large extent by the development that is there now. Up stated business along this route as the following: 1. -sed car lot 2. Antiqqe sales barn 3. pest control bqsiness 4. Several apartment houses 5. Several Mobile Homes G. Horse breeding establishment Mr. Chevelier feels Mr. Howser's Mobile Home will not change the character of t neighborhood. Mr. Chevelier also feels this is a hardship case for Mr. Bowser Kilding a house woOd be much more expensive than a Mobile home.. honing Board. of Appeals (3) April 2, 19'14 Shirlev-SkoFfeldt - neighbor, 317 Harford Rd. - Opposed Vs. Skogfeldt feels the va-Ilie of her home woald. decrease if al.Lowin,� trailers in the area.. Also if allois,ing this I.,liobile dome in the area, she feels it is jiist oDeninv, the door for others. fir . Jack Reed - Harford. Rd. - Opposed Vr. Reed stated 80 people signed petition against variance. Mr. heed feels basically the same as Ms. Skogfeldt on this matter. Carl Foote - 365 Harford lid. - Opposed Mr. Foote feels the area, is ge�tiDg siirro,inded with trailers and that this variance should not be granted. mrs. Jack Reed - Ilardord Rd. - Opposed Mrs. Reed also spoke in opposition for her stepmother who was unable to be present at the meeting. Joe Robinson - 12)0 Soiith St., liarford Rd. - Opposed Basically feels same as others. Stated there are enough trailers in the area. Nancy Chevelier - flarford Rd. Mrs. Chevelier stated she thought 80 people were a small percentage of signature of people living in this RB area, which covers a large area. Board Member Kermit Marq1iis asked Mr. Howser if he kept cattle on the land. Applicant stated he has always kept cattle on the land but does not have very many at the present time. lie also stated he works the land. Board Member Ed Carpenter asked applicant about his Mobile Home location. Mr. howser stated trailer will riin opposite of road. No further qoestions., PECTSION: Conditionally granted The variance provides that the Mobile Home is only for Mr. dowser's personal occiipancyg a .Ase which may not be sold or transferred. Hespeetfuliy submitted, Mary Bryant, Rec. 6eco. T ning Boord of Appeals March o, 104 Town of Dryden Present: Chairman P. Levatich, ooard Vembers 0. "ose, h. Marqiis ZO S. Stewart, Ahsont: R. Keech, E. Carpenter HKARING Q — 7:30 Appe8l by Billie Conger 20W5 Dryden Rd. Application for a' permit to Wild a building at 2035 Dryden Ad. Vr. Dan Schmoke is purchasing property from Yr. Copper and reqiesw a vardn"ce to constrict a temporary Green house vIricn, will be of a polyethylene type nature. Strqctqrp is movable and can be moved in 4 to a hoars. otrqctire wa:i stprted before seciring a permit which applicant stated he has not aware he needed a permit. W. Wikiam Parripan of 2215 Wryden Ad. qqestioned appiicani as to iutire plans for the Green noise. Mr. 6chmoke stated it would be operated as a reLaiL business in We future. Also SLrqcture will be moved to another location iii a bear. No further qjestions. Peci si on: Con0itional variance granted for a year. Variance wilt be given to Mr. Conger as property is in his name. Zoning Officer S. Stewart suk,eSLed making temporary variance more binding as to the conditions. Chairman Leratich wilL draw ip papers to be signed by Mr. Conger and have A notarized. Papers will Le transferable to new owner. Respectfully submitted Mary Bryant, Aec. bec. Zoning Board of Appeals Town of Dryden May 7, 19i4 Present; Chairman P. Levatich, Bd . Members D. hose, a. spech, A. Carpenter. Also present Q S. Stewart Absent: Ed. Member K. Margai s George and Evelyn White - 408 hunt Hill lid., tryden, A.Y. Applic-nt is seeking a. variance to add a lob; cabin type stricture to existing hoise. Said addition will be bedrooms. Mr. Ahite is lacying required set -tack. Proposed stricture was measured at 48' to edge of the road. Existing house is sirrowded by trees and was Wilt approximately in 1950. Applicant stated there is another lot between his hoqse and the corner lot. Both Mr. as Mrs. Yhite stated the road is not heavily travelled at any time and only travelled in the winter months by people living in the area. DE 15TON: Granted FfPa.rinv? #2_-_7:50_P_m Appeal made by A. W. Battle to extend the Shady Grove Mobile dome Park at L9 Pinckney Rd . , Etna, N.Y. Mr. Battle requests a variance to bee. 1201 of 0e Cown Zoning Ord. which does not allow Mobile home Parks in the M-A zone. `lhe Wrd reviewed a sketch plan presented by Mr. Battle. .park is presently owned by Clara Snyder of Pinckney Rd. Ms. Snyder wishes to sell trailer park to her son-in-law A. 1. Battle becaqse she is .no longer able to operate same. Park was established about 11 yrs. ago and has 18 trailers situated on lots. Mr. Battle stated he will prirchase park if he can expand and add more trailers. uretchen Saxie of Lower Creek Rd . , Etna, N.I. was present and asked applicant Uou may more trailers. Mr. Battle tiaid he was thinking of 21 additions and in time may- be 50 more. D.B. Harrington of Etna, N.Y. was present and asked Mr. battle it he coqld operate park as is in a. full time operation. Applicant stated this cooLd not be operated fill time as is. He -would have to enlarge. DECISION: Denied- The Bd. cogld not find any hardship in this case. kieariRg_j5-._9_1.0_ .m. Lafayette Radio l�;lectronics - 1300 Dryden Rd. Mr. R. Volbrecht, Mgr. of Lafayette was present and is seeking a variance to put ,in a sign oz top of main building that exceeds the 15' height. :sign in q•iestion was erected and in violation of zoning at time of this hearing. :sign by road is apnroximat.ely 25' to 30' from top to bottom. Applicant stated suns will be romoved from back of building. Vr. Vo.lbrecht stated he was told by the main store in Syosset, song Island that signs mgst be pit ,gyp in the manner described to conform to the overall "afayette image. PEC151ON: DeniA hes pec tf O ly submitted Mary Bryant, hec. sec. Zoning uoa.rd of Appeals A July 2, 1974 Town of Dryden Present: Chairman P. Levatich, lioard L9embers ic. Meech, D. aose, L. Carpenter ZO S. Stewart Absent: Board iMember K. Marg�iis Hearing #1 - 7:30 p.m_ Richard and Florence Pinney ± Lower_Creek_Ad. - ELna, ,'v.Y. Applicant is seeking a variance to remove and sell topsoil from his property on Lower Creek 10. Mr. or Mrs. Pinney ,,Lrer•e not present at this hearing. `This property is located in the newly created RBl zone in Etna. tor. Pinney stated in his application that he wo,ild like to develop three b,ailding lots. 'opsoil is five or six feet deep on these lots. Mr. Pinney proposes to sell some of this topsoil and ise fill for a base. 'lhe lots wo,zid then be covered with foiir to six inches of topsoil. Applicant feels this is a way of rising o,ar enviro ,7,ie_d7!� t:l the best advantage witho,.it harm to the envirormental or conservational value. 11 was stated excavation is not an allowed nse in an RB zone. Larry Cornwall - Combe Apts. - Opposed to variance Dan Smith - Grad student Cornell Univ. opposed. Mr. omith is conciected with the Fall Creek Recreation area. Bob Levine - Lives in Apts. across from Mr. Pinney's property opposed Gretchen Sachse -,Lower Creek Rd. Etna, N.Y. opposed. Nib. jachse is an adjacent property owner. No f,irther questions. There was no one present to speak for a variance.. Decision TTria.mimoqsly denied 1jespectfsily silbmitted Mary Bryant, itec. Sec. , P, " �_ l f 3 WEST BUFFALO STREET ITHACA NEW YORK 14850 a au uc�-90 11B u LL-- 0 ej 1. &-k-M ti "AL-1,1,3 TEL 607 ' 273 - 0Q85 29 August 1974 Benche, Inc. 6399 East Molloy Road East Syracuse, New York 13057 Attention: Joseph G. Canny Reference: Dryden Town Hall Furnishings Gentlemen: The Town Board of the Town of Dryden has accepted your Pro- posals (Sections One and Two) and has authorized us by resolu- tion to instruct you to proceed with the work at once. Please note that your bid on Section Two contained two math errors as follows: 1. Item No. 6 - (2) #GG-0361 @ $75.61 = $151.22 (not $75.61) 2. Item No. 20 - (4) #S-22 @ $43.83 = $175.32 (not $175.28) Revising these items produces a cumulative total of $3332.22 (not $3256.57) for Section Two which is accepted. Your Proposal for Section One is accepted as bid at $2134.00. You shall be advised twenty-one (21) days prior to when the building shall be ready to accept the furnishings. S j-.n c e r e I y Charles McCord, Supervisor William Patchen Town of Dryden, Dryden, N.Y. Levatich Miller Hoffman PC Minutes of the Meeting of the Zoning Board of Appeals, held at the Town Hall, Dryden, New York November 5, 1974 Present: Board Members: P. Levatich, Chairman" E. Carpenter R. Keech K. Marquis D. Rose Zoning Officers S. Stewart Public Hearing; called to order 7;35 p.m. Rea Betty M. Drake, 665 Irish Settlement Road, to place mobile home on land which is of insufficient lot area. Appellant appeared and stated the case. The proposed mobile home is to be occupied by immediate relatives of Appellant. Mobile home may stay there about five years until son can build home elsewhere to move into. State land to rear does not per- mit expansion of land but does provide undevelopable green belt land. Parcel of extensive frontage, only lot area is 52,000 sq. ft. instead of 60,000 required by Ordinance. Pro- posed usage permitted in R-C Zone. Public- several people appeared at hearing (about 15). All in favor. Variance granted, unanimously. Respectfully submitted, 1 / �r Heter S . Levatich Minutes of the Meeting of the Zoning Board of Appeals, held at the Town Hall, Dryden, New York November 5, 1974 Present: Board Members: P. Levatich, Chairman' E. Carpenter R. Keech K. Marquis D. Rose Zoning Officer: S. Stewart Public Hearing; called to order 7:35 p.m. Re: Betty M. Drake, 665 Irish Settlement Road, to place mobile home on -land which is of insufficient lot area. Appellant appeared and stated the case. The proposed mobile home is to be occupied by immediate relatives of Appellant. Mobile home may stay there about five years until son can build home elsewhere to move into. State land to rear does not per- mit expansion of land but does provide undevelopable green belt land. Parcel of extensive frontage, only lot area is 52,000 sq. ft. instead of 60,000 required by Ordinance. Pro- posed usage permitted in R-C Zone. Public: several people appeared at hearing (about 15). All in favor. Variance granted, unanimously. Respectfully submitted, 'Teter S, Levatich EVATICH MILLER HOFFMAN PC WEST BUFFALO STREET ITHACA NEW YORK 14850 ARCHITECTS PLANNERS TEL 607 / 273 - 0085 8 November 1974 Dryden Zoning Board of Appeals Town of Dryden East Main Street Dryden, New York 13053 Attention: Rosemary Stelick Enclosed are the minutes of the November 5th meeting of the Dryden Zoning Board of Appeals. Peter S. Levatich Mail e4. C —16-2-j V transmittal Page 2 Public Hearing #3; called to order 8:10 p.m. Re: Mr. Josef Schmidt of 1728 Slaterville Road requesting permission to add a bicycle sales operation to his bicycle repair business, now classified a permitted home occupation. Mr. Schmidt, Appellant, said he wished to try sales for a year, which looked as a promising field, and if successful he would relocate the entire business elsewhere where such use was per- mitted. Members of the public objected, Mr. Patterson, 1700 Slaterville Road Mrs. Rogers, 1727 Slaterville Road stating that the increased customer traffic would disrupt their lives at nearby locations. Mrs. Ora Smith expressed general concern of growing commercial activity in a zone designated to preserve residential characteristics. Three statements were submitted in writing all in opposition to the granting of the variance. Board members questioned Appellant on reason of hardship, lo- cation of property, topography, the access and the size of the driveway. Parking capacity - 2 cars. Property was acquired by the Appellant about 2 years ago. Variance denied, unanimously. Public Hearing #4, called to order 8:30 p.m. No person, including the Appellant, appeared. Variance denied, unanimously. Board adjourned after a general discussion covering the defini- tion of mobile homes. The description of the directives given heretofore by the Board to the Zoning Officer will be summarized by the Chairman in writing and circulated to Board members for comment. Respectfully submitted, G' Peter S. Levatich Minutes of the Meeting of the Zoning Board of Appeals, held at the Town Hall, Dryden, New York October 1, 1974 Present: Board Members: P. Levatich, Chairman R. Keech K. Marqu i s D. Rose Zoning Officer® S. Stewart Public Hearing #1; called to order 7:30 p.m. Re; Mr. DiGiuseppi, 422 Groton Road, to add to barn which is too close to .highway. Mr. DiGiuseppi, Appellant, appeared and stated his case. The proposed milk house and barn extension cannot be placed in any other position relative to the existing barn. This is below the road level concealed in part by a stone wall outside of the highway right of way on Appellant's property. Stone wall will conceal proposed additions considerably. No comment from the public. Variance granted, unanimously. Public Hearing #2; called to order 7.50 .p.m. Re; Mr. Vincent L. Walsh, 28 Pleasant Street, Cortland, to erect a cabin on lands to be purchased along Fall Creek Road (Rt. 105), there being insufficient frontage. Appellant, Mr. Walsh, described that he intended to build a cabin type dwelling, not for year-round usage, on lands between the railroad track and the river. This is land of scenic value but inaccessible except along the river under the railroad trestle. A 15' right of way suffices him connecting the land to the road. Mr. Keech asked if Appellant would agree not to press the Town in any way to improve the access to serve his cabin in the future which Mr. Walsh agreed not to do, stating he had no intention of doing so. No comment from the public. Variance granted; three for, Board Member Marquis abstaining because of possible conflict of interest. ZONING BOARD OF THE TOWN OF DRYDEN, DRYDEN, NEW YORK NOTICE OF DECISION in the matter of the Appeal by Anne S. Honer, Authorized Agent of the Etna Community Association (hereinafter referred to as ECA), and on behalf of ECA, dated November 19, 1974. This Appeal arose out of the denial of a Building Permit requested by ECA on November 15, 1974 to construct a Community Center on Etna Road on property owned by ECA. Building Permit was denied by the Zoning Officer on grounds that issuance of such permit would be in violation of Section 1604 of the Zoning Ordinance. The Board duly conducted a public hearing on December 3, 1974. All Board members were present; Board Member R. Keech disqualified himself because of potential conflict of interest. It was deter- mined that of the two sections numbered "Section 160411 of the Zoning Ordinance, the one entitled "Airport Hazard Area" was applicable. This discrepancy had been in the Ordinance since its inception. The absence of an "Airport Hazard Area" from the Zoning map was also noted, even though the text of Section 1604 refers to: 11... the area designated as "Airport Hazard Area" on the Zoning map...f1. Several members of the public spoke for and against the granting of the requested Variance. Board members questioned members of the ECA. Statements were heard by the Board relating to the prior history of the case, which is also documented in the Town Board minutes of July 9, 1974 and August 13, 1974. The nature, constitution, operational mode and status of the Keech Airport were discussed and parts of relating regulations and laws were mentioned. The intent of usage of the proposed project was described. Airport landing zone dimensions and the hazards of aircraft landing and takeoff were stated. The general character of the neighborhood, the relationship of the proposed structure to the Keech Airport were described and discussed. A wide ranging, orderly discussion allowed all to hear and to be heard on matters relating to the Appeal. The Board deliberated subsequent to the public hearing and ad- journed without making a final decision in order to collect more factual evidence and think about the matter. The Board convened again and deliberated the matter further on January 6, 1975. The Board decided 4-0 to denying the Variance sought. In reaching its decision the Board first noted with regret the discrepancies in the Ordinance which should have long been cor- rected by the Town Board, especially in view of the fact that the discrepancies had been suffered thru by all parties at the time the Health Center project was proposed by Pentaf Associates at the Hanshaw Road-Rt. 13 area two years ago. A NOTICE OF DECISION Appeal by Anne S. Honer Page Two The Board then reviewed the status of the Keech Airport, noting that it was shown and listed as "Keech Airport" on two generally current and widely used aviation maps: AIRPORTS IN NEW YORK STATE, 1970, by the N.Y. Dept. of Transportation, and SECTIONAL AERONAUTICAL CHART of the Federal Aviation Agency (FAA) with a "Date Corrected to April 1973" notation. The Board noted that regardless of technicalities relating to "public" or "private" airports, the Keech Airport is in active use and such use publicly acknowledged and documented. By virtue of its published existence airplanes are invited to use it whether they are familiar with its earthly surroundings and environment or not. Next the Board examined all information available to it relating to "Landing Zones" or "Clear Zones". The Board distinguished between the two types of hazards which are the concern of regu- lations governing such Zones: one type of hazard being by structures to the safety of airplanes, the other type of hazard being by airplanes to life and property on the ground in such Zones where planes are near the surface during takeoff and landing procedures. The Board reviewed a letter by Tompkins County Commissioner of Planning, Frank R. Liguori, (to Sibley Stewart, Town of Dryden Zoning Officer, December 10, 1974), advising of his opinion that the proposed use by ECA and the Airport are not compatible. A letter from Clarence M. Cook, Airport Development Specialist, N.Y.S.D.O.T. to Helen Amdur, Town Attorney, dated August 2, 1974 was also reviewed. This letter states, among other things, that the proposed building is located within the southerly approach zone of the Keech Airport, about 500 to 600 feet from the end of the runway. The letter goes on to opine "that in the interest of public safety it should not be located in the approach zone". The Board did not feel that the proposed structure represented a potential hazard to aircraft but felt that a hazard does exist to life and property located in this proximity to the end of the air- strip. The various hazard zone descriptions were compared and all contain the proposed building location within the airport approach zone. Specifically, reference is herein made to a docu- ment entitled "Approach Clearance over Traverse Ways", prepared by Air Technical Assistance Section N.Y.S.D.O.T. December 1969, revised 4-74. In all its deliberation, the Board examined all specific information and all documents and all data available to it in detail, but did not enter into legal technicalities. The Board further sees its duty, especially in the absence of detail, to examine the cases brought before it, fairly and reasonably according to Article II of the Ordinance. The main purpose of the Zoning Ordinance is stated therein, namely "...to promote health, safety and the general welfare of the community". The Board carefully examined the applicable Section 1,604 and noted that, despite its above stated discrepancies, the Section clearly differentiated between uses which airport proximity effected and others which such NOTICE OF DECISION Appeal by Anne S. Honer Page Three proximity did not effect: "...no multi -family dwellings, hospitals, nursing homes, or places of public assembly shall be allowed..." However, lacking further definition by the Zoning Ordinance, the • Board, acting under its mandate to interpret and judge specific instances as "reasonable men" determined to its own satisfaction that a hazard existed. Such is created by the specific proximity of an airstrip in public usage to a proposed usage of an "assembly" nature. The Board feels supported in its findings by the opinion of specialists. The Board therefore concluded that in the absence of detailed and clear language of the Ordinance it must apply the general intent of the Zoning Ordinance and that the proposed usage of the proposed structure in that location would not pro- mote but rather jeopardize the health, safety and general welfare of the community. Peter S. Levatich Chairman Zoning Board of Appeals 8 January 1975 Zoning Board of Appeals -December 3, 1974 Town--6f Dryden Present: Chairman P. Levatich, Board Members Donald hose, Ed. Carpenter, i�ermit Marquis. Also Zoning Officer Sibley Stewart. Board Member Robert Keech was present but withdrew from the case and spoke from the floor. Section 1604 - Airport Hazard Area. Zoning Officer S. Stewart denied the issuanc( of a building permit per Town Board instructions to the Etna Community Associatior because the Association vianted to build a place of public assembly ill an Airport Hazard Zone. Mr. Robert Keech's private airport is located on Etna Ltd. The EGA desires to build a community center at the end of this airport. mr. Fred Weinstein Attorney from Ithaca, Nev., York represented the ECA in this matter. Mr. Weinstein stated the ECA purchased the property in question in December of 1973. The ECA Nought the property upon reliance of the zoning map. There is no reference on the zoning map as Airport Hazard Zone. Mr. Veinstein feels the ECA has complied. with the zoning laws. Attorney Vieinstcin quneslioned the point of whether site is desirable, but whether site is legal. Construction is permitted in this zone. It was stated a flight hazard area pertains to a public airport only. Richard Turecek - Etna, New York - Mr. Turecek stated the town officials assured the ECA that there would be no problem with the construction of a community center on the property. Mr. 'Turecek stated that in the Spring of 1974 the LCA began some ground work on the property and went to get a permit. The EGA w-as in- structed to go the the Town Board on the matter. Mr. Turecek also stated that if the ECA had anticipated any trouble they would not have purchased land. Bob Scagoline- - Etna, New York - Mr. Scagoline feels the Town Board should have told the Association to go the Board of Zoning Appeals for permit. Chairman Levatich stated airport has been there a long time and questioned liability on the part of the Board. Attorney Weinstein answered by saying there is no liability on the part of the town. Chairman Levatich stated there is a section of the zoning ordiance dealing with an airport hazard area which is not well written. vr. Scagoline mentioned a letter from N.Y.S. concerning this problem of a airport hazard area. Attorney Veinstrin has letter in question. Penny Greenwood - Etna, New York - Us. Greenwood stated the ECA owns property where the old schoolholise stands. She said the ECA was advised against buildin:� Dn this land because of a drainage problem. Ms. 0)�oenrood feels the new building will be safe. She stated airport is used primarily on afternoons and reeken(�S. She stated this would not interfere, with the nursory school as the si-hool or.Jy has, norning sessions. Board Member D. Rose asked Ms. Greenwood if she had seen, Driginal plans of building. his. Greenwood said she had but present plans 2uitad the nursery school needs more satisfactorily. Being that the playg'rourel is nuou )ut in the open for better supervision. Speaking from the floor Board i�eecl Stated he did not realize building was going to be built in that particular ianner until he saw grading had been done. larjorie. Dobson - Etna, New York - lkis, Dobson talked about how hard the EGA vorked on this Project and it should be permitted. 1. Crosby - 2 Etna Lane, Etna, Ner York Crosby stated he lives so close to ;he airport that planes take off over his house and that the noise creates no )roblems. 2ob-n1pl-Board of Appeals Page 2 Towl of Dryden December 3, 1974 Linda Hemphrey - Etna, New York - Ms. Humphrey stated she is in favor of granting permission to construct the Community Center on said location. Ann Scagoline - Etna, New York - Vs. Seagoline feels -here should be no proble: in gTantimg permission for said building. Mr. Robert Keech objected to building being constructed at the end of his rinwa He said he would support a re -location of the building on the property in such way that it would comply with the Town zoning ordiance and not be in the approach zone at the end of his runway. Mr. Keech also stated he wanted to correct the impression that he does not have a lease to the land which he uses for the airport. He stated he has a written lease. A letter from the Dept. of Transportation mentions the fact that it would not b desirable to have a building in this area. Although there is not a law that states it is illegal to construct a building on the property. In the Ithaca Journal on 11-29-74 C. Cook stated there is nothing in the law to hinder constructing such a building. Mr. Bayshor, Dept. of 1ransportauion 6ec. 249 General Business Law would not grant permission for building to exist. Thelma Neilson Etna, New York In favor of Community Center being permitted on property. Jack Hqrlbutt Etna, New York Mr." Hurlbutt talked about the hazard of having a building at end of runway. DECISION: Pending Although Mr. Keech is a Board Member, decision of the Board will not be affectel by him being a member of the Board. Respectfully submitted Mary Bryant, Sec.