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HomeMy WebLinkAbout1983-04-05Zoning Board of Appeals Town of Dryden The Zoning Bd. of Appeals met on April 5th, 1.983 at sent were K. Marquis C. Hatfield B Keech and Z 0 S to 904 of the Town I Zoning Ordinance. , . , .. . . This Dearing was for the application of Ann Latsha build a house at 31 Monkey Run Rd. to seek a variance of the Town of Dryden Zoning Ordinance. Bob Keech looked over the site for the proposed meeting. Ann Latsha's neighbor Mr. Hugh Holley, of present and was in favor of granting this variance. tions and a vote was taken. Vote- All yes. Decision- Variance granted. April 5th, 1983 7:30 pm. Members pre Stewart. of 31 Monkey Run Rd. for area, Section building before this 25 Monkey Run Rd. was There were no other ques- Old Business Mahlon-Perkins, Town Attorney, was present to tell the ZBOA what he knew from a legal standpoint about David Neish, of 1000 Irish Settlement Rd. Fir. Loren Hardesty had a parcel of land to sell on Irish Settlement Rd. to some people named Schuttenburg. The parcel had frontage on both Irish Settlement Rd. and Midline ltd. On Feb.22nd,1982, Mr. Schuttenburg came to Sib Stewart and made out an application for a building permit to build a framed dwelling and a building hermit was granted to Hardesty (permit #382). Three days later Hardesty closed on his sale to Schuttenburg where he sold off all this land he claimed he owned on the application and left himself with insuff- icient road frontage on which to put a dwelling, Mahlon Perkins represented Schuttrinburg when he bought from Mr. Hardesty. On March 4th, Sib Stewart wrote a letter to Hardesty revoking the building permit saying he had misrepre- sented what he had. Hardesty went ahead and put a mobil home on the property without a building permit and was also in violation becauFe it was for a framed dwelling. On Nov. 12th, letters, certified, were sent to Hardesty and Neish. The letter to Hardesty was received but, the one to Neish was never picked up. On Nov. 24th, Hardesty sold this property to Neish, apparently without telling Neish about the building permi't. On Dec. 15th, Sib and Mahlon became aware of the transaction that ocurred on Nov. 24th, for the first time. Hardesty also used a sewage construction permit from another lot which lie supposedly allowed Mr. Neish to think he had a Health Dent. permit. Mahlon said he feels there is no defense to Mr. liardestv's actions. Mr. Neish claims he was a good faith purchaser. Bob Keech asked what should be done about Neish (March lst,1983 ZBOA mtg). Mahlon said if the ZBOA believes he was a food faith purchaser, then a vari- ance could be granted. However, he stressed that Mr. Hardesty should, by a recommendation from this Bd. to the Town Board, he made accountable for his actions as he ignored all of the 'T'own's ru.l.es. A unanimous recommendation came from the ZBOA to the Town Board that Loren Hardesty be_nrosecuted for all of those rippareut violations of the Town_ of Dr;u'en Zoning Ordinance. The decision for Mr. Neish was not decided in hopes more could he learned that he dill act :ln good faith as far as a purchaser. The mect.ing adjourned at 8:45 pm. Kuspectfi.iIIV submitted, .Jane Koel.scl