HomeMy WebLinkAbout1985-05-071
Town of Dryden May 791985
Zoning Board of Appeals
• The Zoning Board of Appeals met on May 7,1985 with members
N. LaMotte, C. Hatf ield, D. Rose, P. Brellochs, Chr. B. Keech and
Zoning Officer S.Stewart present. The meeting was called to
order by Chr. B.Keech at 7:30 P.M.
HEARING I 7:35 P.M.
Public
Hearing to consider
application of
Helen Mandeville
to build
dwelling on a lot on
Whitted Road,
which is not a Town
Road and
requesting variance
to Section 702
of Town Zoning
Ordinance
which requires that
a lot have at
least 125' of
frontage
on a public road.
Hope Mandeville was present for the hearing and stated they
would like to build a house on a road that is not a public road.
(Maps were presented to the Board.)
B. KeeA '= -- m Is there anyone here who wishes to speak for
or against the granting of this variance? I'll
ask that again a little later in the hearing.
Do any of the Board Members have any questions
at this time ?"
C.Hatfield ..... "I was over there today. Exactly where is the
• road? I only found a. motorcycle track,"
H.Mandeville--- "That is the road. You can make it up there.
That in itself will become the driveway. f°
C.Hatfield--- - - "If the
road
is
abandoned, who owns the right -
of -way
to those
driveways
?"
H.Mandeville - -- "It's said no one. There isn't one needed
according to Mr.Reilly, former owner of the
land. Mr.Reilly was all set to sign a right -
of -way over to me, but his lawyer said it
wasn't needed:"
O.Jewel------ - - "I own property next to Mandeville's. I
,bought the piece of land but never developed
it because I was working on another piece.
I'd been told that no right -of -way was needed
for the Whitted Rd.property however."
P.Brellochs--- - "Is all of Whitted Rd.,starting at the inter-
section of Slaterville Rd, abandoned ?"
S.Stewart------ "Yes, with the exception of a short part at
the other end where it meets Snyder Hill Rd."
P.Brellochs--- - "Is it fair to say you don't know if Whitted
Road is in fact conveyed to you as a common
access to the various properties that it
serves? Do you have a written deed ?"
l t
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H.Mandeville -- "It's on the deed. The property on either side
• of the road goes to the center of the road."
(Read from the deed.)
B.Keech------ -Ills this the only residence you would plan to
put on Whitted Road ?"
H.Mandeville -- "We're not sure about that. Our mother, at
some point, may want to spend some summers up
here. Maybe a place for her, that would be
rented during the winter months."
B.Keech------- "Anyone have any further questions ?"
N.LaMotte-- - - - "If the Board were to grant your variance,
would you be willing to accept a stipulation
that you would not expect any services on that
road from the Town of Dryden? (Maintenance, snow-
plowing, etc.)
H.Mandeville -- "That's fine."
Hearing Closed 7945 P.M.
HEARING II 7:50 P.M.
The Public Hearing to consider the application of Cayuga Press
• of Ithaca to change and enlarge a non - conforming use to another
non - conforming use at 1650 Hanshaw Road and are requesting a
variance to Sec.801.,1701, and 1702 of the Town Zoning Ordinance.
D.Galbraith---
"I'm here on behalf of Cayuga Press. Mr. Peter Schug and
Mr.Sam Leonardo are also present to answer any questions the
Board may have. Ithaca Intersystems presently occupies the
property. Mr. Schug and Mr. Leonardo have submitted a purchase
offer on the property contingent upon obtaining zoning approval,
allowing them to locate the Press on that property. In addition
to requesting permission for a use variance for the existing
building, they would also like permission to construct a some-
what larger second structure to the rear of the presently
existing building in order to house the remainder of the
facilities of Cayuga Press. They are now located on Hanshaw
Road, a. relatively short distance from this property. Cayuga
Press has outgrown its present facility and needs room to
expand. We don't believe there would be any majo- change in
the character of the property. It is bordered by the SPCA and
down the road from Ludgate Produce, so there are other enter-
prises of a non- residential character in the area. Cornell
University owns the property to the rear and across the road.
Cayuga Press would be a good neighbor, they make no noise, odors,
or smoke, and it does not have any hazardous wastes. They have
• a work force of approximately 30 employees and operate on one
daytime shift. There would be no additional traffic burden on
Hanshaw Road because the employees are presently using the same
route to the present location."
•
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•
Be Keech--- "Are there any questions from the Board, or
anyone? I would like to know how many cars
and how many people you expect to have there
at one time."
J.Schug---- "If everyone were to drive their own car it
could be up to 50- -15 -20 ;more than there are
now. Some people ride together, some are
dropped off there and picked up later at the
present time."
K. Brown--- .
"I live around the corner on Lower Creek Road. I'm
neither for or against this, but I would like to say some-
thing about it. There are certain things about the petition
and what Mr. Galbraith said that are not correct. It ;'s true
this was there before zoning came into effect. Right now we
are having somewhat of a controversy with the Dryden Town
Board because they are trying to rezone part of the area
there an MA Zone. (Industrial Development.) We are trying
to maintain the residential character of this neighborhood.
The property under consideration was commercial property
before the zoning ordinance was enacted. Ithaca Intersystems
were granted a variance when the people in the neighborhood
weren't paying particular attention and they,also got a per.
mit to enlarge and have manufacturing there and neighborhood
did oppose that, very strongly, but in vain. Now Cayuga Press
wants.to locate there. Cayuga Press has been a very good
neighbor to us. Everything they say about their operation is
true, but if they come there, we want to go on record as not
wanting this to be used for setting a precedent for more and
more and more commercial development in that area... ,,which
is still residential!!!!! Our area is being nibbled to death
by first one, then another and another and each time we put
a new one in, they use the ones before "it Rat precedent. This
area is an RC Zone, which is suppose to be residential!!!!!
M.Creasy--- -__
"I live at the corner of Lower Creek and Hanshaw Rds. I'm
a customer of Cayuga Press, and I've had many long talks with
the owners of that business. We've been very happy with them
as neighbors. I'm a member of what we call the Eight Square
School District and whenever we've had a meeting in the neigh-
borhood in the past, Cayuga Press has participated. In fact
before they moved into their present location,-we had, a long
talk with them. Now, before this variance meeting we've had
another talk and I would like to express to the Board., if you
look at the map of the proposed MA Zone, Cayuga Press is
located within that area. What they are proposing to do is
move from MA Zone to RC Zone, and that strikes me as not being
logical. Personally I like Cayuga Press, and I like having
them as neighbors, but I do worry, when people move from the
proposed M A Zone and into an R C Zone.(As to exactly what the
distinction will be between the zones.) There is more traffic
there now also. Lower Creek Road has become a short cut for
the apartment complex and businesses located near there. We
have had a number of accidents recently."
•
r�
U
J.Schug---- "The reason we want to move is because we can't
expand where we are."
P. Brellochs - -- "Bes
also
to t
give
like
ides the use variance you requested, you
would like a variance for adding a building
he new property in the future. Could you
us some idea what that building might look
►►
J.Schug---- f'A lot like the building that is already there,
a little larger perhaps."
P.Brellochs- "Given the existing landscaping on the property,
would the new building be visible ?"
J.Schug----- IfI would think the only ones who could see the
building would be the dogs at the SPCA and.
possibly the gentleman up the road, Mr.Caren.►'
P.Brellochs- "If the board were to grant your variance, would
you consider a clause that woad restrict the
removal of the existing landscaping that provides
a buffer? Within reason - -I realize you must have
access to the building, if
J.Schug ....... "The only thing we would have to do, is some
digging in the front to improve the drainage,
then we would regrade and reseed it. We've
already discussed this wth the neighbors."
K.Brown---- "Do you plan to have a. sign on the roadway or on
the building and if so,what size would it be ?"
J. Schug--- -.- "Probably like the one we have now. It's not
necessary if it's objectionable to the neighbors."
D. Galbraith --- "Cayuga Press does not have retail sales. There
are no customers coming on to the property during
the day to "look at things for sale." At most
there may be one or two business guests there. No
need to attract clientele. A sign would only be
for identification. ft
B.Keech---- "Any more questions or would anyone else like to
make a statement ?"
Hearing closed 8:10 Pm.
HEARING III 8:12 P.M.
The Public Hearing to consider the application of Steve Rockey
to build an addition to his home at 16 Forest Lane and is re-
questing a. variance to Sec. 804 of the Town Zoning Ordinance
which requires that a building be at least 70' from 'the road
center line.
S.Rocket'--- .
"We like this area very much. We've lived
years now. The house is very small and we've
to our family, therefore a two bedroom house
here for about eight
added 'two children
with one bath is not
adequate. We would like to put.on an addition 16X36(living
room, dining room and second bath) -- present living room would
. become a third bedroom. We are the last house on the dead -end
street. All the other houses on the street have the same set
back. We have very carefully gone over every possibility of
direction to put the addition on and have decided the "proposed
plan is the only possibility.,,
B. Keech----_-- "Thank- you for a very thorough description of
your plans. What you want then is a variance of
set back ?"
S. Rockey - - "Yes, we have been discussing adding on for two
years now and this is the only possibility. We
did buy the R.R. right -of -way on one side."
C. Hatf field - --- "So then you added 30' on the side by the R. R. ?"
S. Rockey---_-- "Yes. "
B, Keech------- "Any questions frcn the Board? Are you fellows
ready to vote on this variance then ?"
MOTION THAT THE VARIANCE BE GRANTED MADE BY P.BRELLOCHS
SECONDED BY N.LAMOTTE, AND ALL MEMBERS'VOTING CAST UNANIMOUS
BALLOT FOR THE GRANTING OF THE VARIANCE AS REQUESTED IN THE
APPLICATION.
• VOTE ALL YES VARIANCE GRANTED
Hearing closed 8:15 P *M
Mr. and Mrs.Charles Snowberger were present to discuss their
application for a variance to build a two unit family dwelling
which was postponed at last meeting, so more details could be
obtained.
DISCUSSION
C.Snowberger had not filed application with Health Dept.
yet -- wanted variance first. No one present at April.meeting
either for or against granting of variance. A neighbor- -
W.Staubitz, was there to ask questions but no problems.
Questioned future plans to sell- -none at present -- didn't want
to divide if ever sold..
B.Keech--- - - "I really don't see any problem."
S.Stewart--- "May be a problem if he wants to sell some day.
I thought he needed the required lot size for each
one. You can rule he doesn't need a variance.t1
P.Brellochs--- "We didn't have all this information with the
proper dimensions and exact lot size last month.
• If it's a'multi family dwelling then restriction
would be less severe on how much area you need."
B.Keech ...... III think we should rule you don't need a variance
after going over the material submitted tonight,ft
• MOTION MADE BY D.ROSE THAT A VARIANCE WAS NOT NEEDED„ SECONDED
BY N.LAMOTTE
VOTE 4 YES
Hearing closed
1. ABSTENTION ( P.. BRELLOCHS ) VARIANCE NOT
NEEDED
8 :45 P. M.
C.Snowberger requested a notice of decision.
D.ROSE MADE MOTION TO CLOSE PUBLIC HEARING AND GO INTO EXECUTIVE
SESSION FOR DISCUSSION. SECONDED BY C.HATFIELD. UNANIMOUS
Discussion on Hearing I (Mandeville)
P.Brellochs--- - - "I think Bob's comments are appropriate- -that
if there were a granting of that variance a
stipulation be attached that there would be no
service from the Town Highway Dept.
General discussion about road abandonment -- decided it was not
a concern of the Board.
• Discussion on Hearing4 II (Cayuga Press)
P.Brellochs--- - -'#I have a couple of points to make. I checked
back on the records of Nov.1980- -The notice of
decision stated the same concerns at that time
with Ithaca Intersystems as we have now with
Cayuga Press. I would prefer the present land -
scaping not be removed to protect the neighbor-
hood.
ALL HEARINGS REOPENED AT 9 :00 P.M.
DECISIONS
HEARING I
Peter
the stipula
sponsible f
VOTE
HEARING II
Brellochs made a motion to grant the variance with
tion that the Town Highway Dept, would not be re-
or any roAd services -- Seconded by D.Rose
ALL YES VARIANCE GRANTED
Peter Brellochs-- - - - "I'd like to make a motion to grant
the variance with a stipulaatlon tnat tne exIs ing an scraping
• a s e un cries o e property trom the in erred
to neig or oo e e essentially in ac other an what
s
necessary to reasonable accomo a e the new buliding construcT o
driveways, general access to the building si e, s aging area,
p�ar ing e c.
Motion seconded by D. Rose
i
_7_
Discussion
• P.Brellochs--- "I think the stated concern on the part of
the Board was that the area being an R C
#1 Zone.does feel the potential threat of
further developgient. Especially since the
Town is considering an M A Zone adjacent
to their basic properties. Maybe this is
a further encroachment into their B°neigh-
borhood" because of the preexisting use of
that property. In addition to a variance
having been granted in 1980 by Intersystems
to put an addition on to the property as
well as a separate bulding in the future.
I don't think that our action would be
construed to be inconsistant with the
same concerns that were raised at that
time. I think you've answered questions as
to traffic, noise and pollution - -I think
even your neighbors are satisfied that you
would be a good neighbor - -but just in case
that property changes hands one of these
days, the screen that you might provide
between the neighborhood and your activity
is in the best interest of the Town.
0
VOTE ALL YES VARIANCE GRANTED
MEETING ADJOURNED 9:15 P.M.
•