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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 -2- 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." • 0 • 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. •