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Home My WebLink AboutZBA 2025-09-02TOWN OF DRYDEN Zoning Board of Appeals 9-2-25 via Hybrid DRAFT 1 Board Members (*absent) (IP-in person) (Z-Zoom) Janis Graham, Chairwoman (IP) Andrew Henry (IP) Mary Witman (IP) Mike Gill (IP) Henry Slater, (Alternate), (IP) Others Attending Gina Cassidy, Planner (IP) Joy Foster, Board Secretary, (Z) Applicants & Public Attending Monica & Trever Sherman – 85 Simms Hill Rd. Les Buchahan, Sherry Bull, Ronnie & Charlotte Coffman, Anne & Pat Brenna, Surinder Blatti, Chris Loss, and Steven Avery – 38 Deerhaven Rd. The Public Hearing was opened at 6:05 PM After determining that all have read the legal notice, J. Graham moves to waive reading the notice of hearing. Motion made by: J. Graham Second: - M. Witman 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 Monica Sherman for an area variance at 85 Simms Hill Road, Tax Parcel ID 36.-1-31.4 The requested variance is to allow an accessory structure in the front yard of a principal use structure. SAID HEARING will be held on Tuesday, September 2, 2025, at 6:05 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 the internet or telephone. Details on how to connect will be posted one day before the hearing on the Town website at: dryden.ny.us. You can also submit comments before 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 before the time of the public hearing. 2 Applicant – Monica Sherman is present and has nothing further to add to her application. With no further comments or discussion from the audience or the Board. J. Graham motions to close the public part of the hearing and move forward with the Board answering the 5 questions. Second: H. Slater 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: The structure already exists: The conversion of the upper floor into a dwelling unit should neither produce a negative change in the character of the neighborhood nor be a detriment to nearby properties. Motion made by: J. Graham Second: M. Gill 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: There are other ways the applicant could achieve her goal of having an accessory dwelling unit, including building an entirely new structure. But utilizing the existing structure is the logical and practical choice. Motion made by: H. Slater Second: A. Henry All in favor – Yes C. IN CONSIDERING WHETHER THE REQUESTED AREA VARIANCE IS SUBSTANTIAL. THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS: It is immaterial to this analysis whether the variance is substantial or not, given that it either is or isn’t in the front yard (it is). That said, it is close to 7 times further back (350 feet) on the property than the required front yard (50 feet). Motion made by: H. Slater Second: - M. Gill All in favor – Yes 3 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: The existing structure, which is a two-story barn, is allowed in its present site—i.e, it is in conformance with code. The creation of a dwelling unit on the second floor would not appear to have an adverse effect or impact on the physical or environmental conditions in the neighborhood. Motion made by: M. Gill Second: M. Witman All in favor – Yes E. IN CONSIDERING WHETHER THE ALLEGED DIFFICULTY WAS SELF- CREATED. THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS: Yes, the difficulty is self-created –the applicant could choose not to pursue this project. However, the burden to the applicant if she had to pursue another means of achieving her goal far outweighs any conceivable benefit to the community Motion made by: M. Witman Second: A. Henry All in favor – Yes SEQR. Type II Exempt Action under 617.5(c)(16) Decision: The ZBA grants this variance as requested with no conditions. Motion made by: J. Graham to grant variance as requested with no conditions. Second: M. Witman All in favor – Yes Next applicant, - 38 Deerhaven Rd. to show what was to be heard tonight. • Tax Parcel 57.-1-30.9• Neighborhood Residential Zoning District Summary Applicant Christopher Froehlich requests relief from Town of Dryden Code (hereinafter “Code”) §270-6.1 Area and Bulk Table regulations requiring a 15-foot minimum side yard setback in the Neighborhood Residential district at 38 Deerhaven Drive, Tax Parcel #57.-1-30.9, a parcel of +/- 4 acres.. New York Consolidated Town Law §277.6 indicates that …application may be made to the zoning board of appeals for an area variance pursuant to section two hundred sixty-seven-b of this article, without the necessity of a decision or determination of an administrative official charged with the enforcement of the zoning regulations. The action here is a request for an area variance. The proposal is to allow an existing fence that is over 6 feet in height situated on the property line to remain in place. Code §270-6.1 Area and Bulk Table indicates that the minimum side yard setback in the Neighborhood Residential District is 15 4 feet. The applicant has constructed a fence that sits on the side yard property line. This fence is considered a structure by Code §270-3.2 Definitions Structure…fences over six feet in height... The constructed fence is over 6 feet in height and, therefore, subject to setback restrictions. Therefore, the applicant is requesting an area variance for the minimum side yard setback. SEQR, County review. Based upon the information provided by the applicant, and the information known about the surrounding environment, this action as a whole (area variance for a residential property) appears to qualify as a Type II Action under SEQR 617.5(c)(17): granting of an area variance for a single-family, two-family or three-family residence. If the Zoning Board of Appeals is in agreement with this interpretation, no SEQR review is required. If the ZBA requires SEQR review of this project, the Planning Department would concur with the ZBA as lead agency for review. As per an Inter-governmental Agreement, dated August 31, 2016, Article II, (E) yard setback variances not abutting County or State Property, a State or County road right of way…are excluded from Tompkins County Planning for Regional GML-239 review. Department Comments/Recommendations The Planning Department has no opinion regarding this application. The Notice of Hearing for 38 Deerhaven. NOTICE that the Zoning Board of Appeals of the Town of Dryden will conduct a Public Hearing to consider the application of Christopher Froehlich for an area variance at 38 Deerhaven Drive, Tax Parcel ID 57.-1-30.9 The requested variance is to allow a fence that is over 6”, and therefore considered a structure, that does not meet the 15 foot side yard minimum setback as required by Town of Dryden Code for Neighborhood Residential districts. SAID HEARING will be held on Tuesday September 2, 2025 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. After the applicant, Christopher Froehlich, did not show up for the hearing. The Board determined that a “no show” is an automatic denial, per Dryden Local Zoning Law; the area variance request was denied. Mr. Froehlich may reapply for the next month if he chooses. ADJOURNMENT J. Graham Motion to adjourn Second: M. Gill All in favor – Yes