HomeMy WebLinkAbout1985-07-02TownY of Dryden
Zoning Board of
Appeals
Zoning .Board of Appeals met July 2n
C. Ha.tf field, Chr. B. Keech, & Z. 0. S. Stewa
called to order by ChrB.Keech at 7:32
HEARING I 7935 P. M.
Public Hearing to consider applicat
to add an apartment on;,his garage at 3
requesting a variance to Sec. 804 of T
requires that a building be at least 7
B.KEECH - -I'd like to ask anyone that
to please state their name and addres
in our minutes. I'd like to introduc
with the hearing for Mr.Rumsey. You
over your garage and live in it until
Your map isn't too clear on some of t
July 2,1985
I with members N.LaMott'...,
^t present. Meeting ti -i .4t
P. M.
Lon of Charles J. Rumsey
35 Beam Hill Road and is
)wn Zoning Ordinance which
) ft. from road center line.
s any statements to.make
so that we can get them
our Board. We'll begin
nt to build an apartment
ou can build your house?
dimensions,
C.RUMSEY- -The garage is already built.
B.KEECH -- Oh, I see, it's an existing Igarage,
C RUMSEY -- I have an p p op 'en space u on o of it 14 x 24 and I
P �
would like to have the variance apply l,to.the apartment.
B. KEECH -- Right. Let's start off by as ing any of the members here
if they have any questions, fl
• N.LAMOTTE- -You were in a few weeks ago for a variance on the
garage?
C.RUMSEY- -Yes, I think about three months ago.
N.LAMOTTE - -At that time did you have any thoughts about adding
the apartment ?
C. RUMSEY - -No, I did not. I was going to strictly use it for a
storage space. Since then I'm getting awfully tired of driving
from Ithaca to Groton where I work. ICI d thought I'd have more
money than I did but the garage is costing more than I thought
it would, So as I stood back and looked at it, I thought a small
apartment there, thatI could live into while I was building the
house and then hopefully in the future I could rent the apt.out.
It would be a small-efficiency apartment for. one or two people.
C.HATFIELD- -When do you think you'll uild this house in the
future? f
C.RUMSEY- -It's hard to tell, I'd, planed to build it within 3 -5
years. It'll depend on how much I can save and many other things.
B.KEECH- -Did you say the apartment would be 14)24 feet?
C.RUMSEY -- Yes, with au7141, ceiling.
B.KEECH - -Is there anyone here that.wishes to speak either for or
against the granting °this variance?
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T.CIRAFICI - -I live at 350 Bone Plain Rd. I don't really care if
you .give this gentleman a variance or not. I'm more concerned with
a general problem in the Town. I 'd like to see that before you
people let anybody move into any more places in this Town that
proper approved septic systems are put;lin and proper water supplies.
This„ town is rampant with unacceptable septic systems and supplies.
I haven't seen anything done to correct the problem & I hate to
see it spread# I think it falls within the duty of the Town law
to make sure that's done#
B.KEECH— You're wasting your time talking to us because we have no
au�ority over that. You should be talking to the Tompkins County
Health Dept.
T.CIRAFICI- -They tell me that you people are the ones. We've been
around and around with that' 11
i1
B,KEECH~ -These people have to come here to get their variance &
before they can get their permit, theyli� have to have their sewage
construction permit from the Health Dept. Now they should not
have told you any such story as that because that's the way it
goes,
C.COTTERILL - -Pll back'you up 100 %. Ifm supervisor of the Town.
We in no way have authority over waterCfor sewage. We issue all
permits subject to T.C,H.D. having a permit in Sib's hands before
he issues one. Anything you want to talk about concerning health,
you must deal with the Tompkins Co.Hea,lth Dept'
IL
if
T.CIRAFICI - -Do I understand you gentlemen than that the permit
to build would not be valid then_ until 11 the Health Dept, gives a
permit?�
C.COTTERILL- That's right, They either issue one or .say what needs
to be done bef ore it can be issued, I
B.KEECH- -Very strict requirements there# I'm sure Mr.Stewart has
never issued any permits unless he's had the sewage construction
permit, or if there was an existing system, the Health Dept, had
already checked on it, But, we're glad! 'iyou came to speak with us
tonight, It is a problem but it's out of our hands,
C.HATFIELD- -You said they sent you up
T.CIrRAFICI- -Yes. I talked to Dr.Schmid
gave Mr Stewart a.cop'y of, They pass
people. I just spun my wheels with the
people to go in before`they'_ve issued
able 'septic systems.
re?
& also sent a letter which
d the buck along to you
They said you've allowed
ermits or evaluated accept-
C.COTTEAILL - -I'd like to have you request them to give us, in
writing, when this happened, I'm not aware of it'
B. KEECH -- Well., thank you. Is there any
against the granting of this variance
are no more questions., we will close t
Rumsey and go on to the next scheduled
all the hearings we will move into exe
the public hearing and if we decide to
time.. If you don't want to wait, you c;
morning after 8;30 A.M to find out 4the
pe else to speak for or
l;or lvr, Rumsey? Since there
to public hearing for Mr.
11!hearing, After we've heard
.u.tive session, then reopen
7ote, we'll vote at that
:fin call Mr.Stewart in the
results of the hearing.
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HEARING CLOSED 7:40 P.M.
HEARING II 7 s 45 P. M.
Public Hearing to consider the applllication of Mercy Krebs
of 461 Bone Plain Road to place a mobile home on her property
on Short Rd.(which is NOT a public road) and is requesting a
variance to Sec. 803 of the Town Zoning Ordinance which requires
that a lot have at least 125 ft. of frontage on a public road.
B.KEECHe -Is Mrs. Krebs here? Were you
The members of the board?
M. KREBS=7 -Yes.
B.KEECH- -How long have you
r� ailer on?
M. KREBS -- The lot was given
year,
there when I introduced
owned the lot you wish to put your
to me by myi�lmother in April of this
B.KEECH - -Do you fellows have questions
on this?
N.LAMOTTE- -Where are you living at the' ?, present time?
r 1l
M.KREBSv -At 461 Bone Plain Road.
N.LaMOTTE- -What is your mother's name and how long had she
Te property?
M.KREBS -- Audrey McGuire:. She owned itiisince 1968.
B.KEECH - -On this sketch prop
requirement and you may meet
setting it back 30 ft, plus
lot line in the front. Do yo
of the road it will be, will
M. KREBS - -Oh yes.
owned
osal, you're meeting the side yard
the frontlyard requirement. You're
or minus, his is apparently from the
u know howVfar back from the center
it be back the 70 ft?
B.KEECH. -Is anyone here to speak either for or against granting
of this variance?
B.RUSSELL JR. I'm speaking against it.jl own the corner lot on
Short Road.Zwhich is in question), and Bone Plain Rd. I don't think
it should be granted'_ I own 270 ft..f rom Bone Plain Rd. up Short
Road,' which I'm going to sell.
B.KEECH- -Why don't you think it should be granted?
B.RUSSELL JR, - -I don't think they're going to do any better up
here than they do on Bone Plain Ad. The thing is, they don't keep
their place clean.
C . C OTTERILL -- I. assume the Short Rd. y
one that is not public?
B. KEECH-- Tha.t's right.
C. CO'TTERILL- -That hasn't been a public
least since 1968. Do they have any oth(
or any right of ways?
're talking about -is the
oad
for
a long
time, at
access
to
their property
B.RUSSELL JR. - -The only one that maintains that road is Jim
Russell. I don't need access because I',own the corner lot. Jim
lives on the upper end, If the Krebs want to keep maintenance costs
• of the road, but I still don't think the variance should be granted.
B.KEECH - -We realize there's problems.
people.
J.MCGUIRE - -I'm here to speak on behalf
part of her land on Short Rd. and woul
there someday. Like Mercy said, the 1
for some time. The land was given to m
now my grandmother gave i t to me.
J.W.RUSSELL - -I'm the one who maintain
ever since I moved up there. I have r
into the road just this year. If ever
I'm not going to keep maintaining the
of .my heart or out of my own pocket.
B.KEECH- -These are the, kinds of probl
like this. We're glad to hear from al
else who wishes to speak?
e're here to listen to you
of Mercy, I own the upper
like to put our home up
nd has been In the family
father then taken away,
the road and has been
n.eipts where I put $175
one keeps moving up there,
road out of the goodness
I've done it Long enough*
s
that
arise in
a case
of
you.
Is there
anyone
MRS.SPAULDING- -The place they want to iFmove into is right next
to where my home is. I definitely object to them moving up
there for the simple reason, they seem to have a problem in
following the rules of the law. The SPCA is frequently at their
home for various dog problems, their yard is not maintained, and
yes, also the problem with the road being abandoned„ It's not
going to handle any more traffic. We've had to pick up trash
from where they've had camp fires in the middle of the road.
We've picked up their paper plates, and empty milk cartons after
their picnics in the road. We don't need any more of this down
there.
B.K8ECH - -We appreciate your comments.ilBack to you Charlie, do
you have any questions?
C,HATFIELD- -How many homes are there on Short Rd. besides yours
B. Russell ) on the corner?
B.RUSSEJU JH. -- There's three occupied ones, We're talking about
a situation where he lives on the upper end and must maintain the
road to get to his place. They're going to move in and take ad-
vantage of him taking care of the road. I don't think it's right.
Nobody wants to put any money in it it's a bad situation.
C.HATFIELD- -What she is proposing is below Jim's place?
B. RUSSELL JR; -Yes sir,
N.LAMOTTE - -Is it correct that this road only has one outlet?
It's not �shown on the map because it's not a Town road.
B.RUSSELL- -Yes, there's only one outlet.
N.LAMOTTE- -How long is the road?
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J. RUSSELL -- It goes from Bone Plain Roa
Road, but it isn't passable, Just abov
getting stuck and then coming to my do
out, I live about 900 to 1,000 feet up
Road. I'm not for or against the 'varia
about the maintenance.',
clear up to West Dryden
my place people are always
r wanting me to get them
Short Rd. from Bone Plain
ce, I'm just concerned
T.CIRAFICI - -I have a concern that should be addressed to the'Town
Attorney. If you people issue these variances, is the Town going to
be responsible to improve and maintain that road?
B.KEECH - -I'm sure they aren't. If we d'la grant this variance it would
be with a stipulation that the town woAd not be responsible for
road maintenance.
P.DEBRUYN - -I live at 432 Bone Plain Rdi I think the Town of Dryden
if they use a zoning code, it is poorly enforced and not maintained.
They have dogs barking 24 hours a day.'!IThe SPCA is not taking care
of it. I think the town should have the Sheriff's Dept. take care
Of it. You can't even have your windows open for the noise! I'd
not like to see a permit issued to there. I've got three of them
across the road. The sheriff has to come up and they laugh at him.
I don't think we should have to put up {with those kind of people
that have no respect for the laws. The SPCA wants me to go up
there and pin point the dog that is making the noise. I think that
is up to her- -not me. Also I think thelBoard should take into con-
sideration that the West Dryden area is a-fast growing area. It
depends on the Town Board what type of', people are coming there.
If it is going to be beneficial to the ',;Board on the tax roll, I
think it should get a little more consideration. The other thing
is, we've got a zoning ordinance that is not being enforced. If
you want me to, I can get the evidence.,' One case in Genoa and one
in Solan. Where people have had to clean up. They get; a jail sen-
tence. Those towns don't have the zofii.rig we do. Why don't we get
action? We have to have an attorney etc. Should that; have to take
Place? There's been no action taken against these violators and
there's been no improvement. Why should I have to come here for a
building permit when I comply with the";aw, but those people just
do what they want with no permit ?. Lik0 unopera.tive vehicles and
junks We'd like to see action taken to,;clean it up!
B,KEECH - -Is there anyone else that has ;anything to say? We're
going to close this public hearing shortly, We appreciated all
these comments that you bring to us. Without you folks coming in
& saying this and that,',; it certainly helps us when we make our
decision. K
P.DEBRUYN -- Bob, we had 86 signatures last Spring. We wanted that
area cleaned up, I11m quite sure if, any of the Rnard members had
this in their area, they would not approve of it, AND there
would; be action taken,
if
B.KEECH-- It's.comments like this that helps to open our eyes to
hiings that maybe we don't know about.
P.DEBRUYN -- I can't see why a guy has 6 or 8 old cars in his yard.
He got an order to remove them, so whatdoes he do`? .Puts them in
back of his house. Stetson was one case
B.KEEUH- -We're going t.o'close the public hearing f
We will go in to executive session later on. After
have been heard, hopefully we will vote 'Iron each of
r Mercy
all the
them.
Krebs.
hearings
1F
P.DEBRUYN -- Anyway Bob,,this dog problem, what can be! done about
it? I'm going out there & shoot a whole bunch of them. I'm not
kidding!
• C.COTTERILL -- Peter,, there's nothing more we can do.T.he SPCA is
under contract until the end of the year, We do have a choice of
finding another dog warden next year. 'I don't know if we can find
one
P.DEBRUYN - -What can be done in the meantime Clint?
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C.COTTERILL- -Just keep.hounding the SPCA, that's all you can do.
Beyond that, anything else you do, youl�'l1 have to answer to the
Court if you do something illegal. l�
P.DEBRUYN- -We've tried them. They dolt do anythingl!!
C.COTTERILL- -Like I said, they're unde�'r contract till 1986 to
answer complaints for the Town of Dry en,
B.RUSSELL - -icy final say is this. If Jil'm Russell has to plow to
get out and to maintain the road, he should be compensated for
it. °If they're going to build there, and you're going to give
them a variance, I know you are. I know you are going to give
them the variance, I know how you workl!!He should be compen-
sated!
B.KEECH- -You shouldn't make such hasty decisions. I have a lot of
respect for these gentlemen. We are short two members tonight- -
they have good heads on their shoulders. I feel in all the cases
we've heard, we've only made onewrongildecision, and that's since
1969. Only one decision have I had bad feeling about. But, we
are "going to do the best we can for the Town.
HEARING CLOSED 8e09 P.M
HEARING III 8*10 P.M. r
Public Hearing to consider the application of Gene Rotunda
to have a building lot on Yellow Barn Road with less than the
required 125 ft. road frontage and is requesting a variance to
Sec, 702 of the Town Zoning ordinance,, 11
B.KEECH- -Gene wants to build a house on Yellow Barn Road. He has
a map here. He wants to save a. right -of -way for a future road
per haps in the back. Is Gene here? .
G.ROTUNDA- -Lot A has a' finished house on it, and had been all
approved. We'd like to build a house on lot B. We already have the
building permit, but we're changing the lot. We want to put a
60 ft. road in here or at least leave,�a right -of -way for it, and
build a road up here with a turnaround at the end so we can have
three building sites here. We'd like to develop those three
lots, probably next.year; I own this field, and the road that goes
• out "here, and the one,that goes out here. We don't want to develop
thewhole field, just three of these ��ots. So, in order to do that
I've got the requi "red road frontage from this point to this point
for this lot. What I want the variance for is, I want to shorten
that road frontage to65 ft. so that this house will eventually
pick up the road frontage from this road when it does go in,
c !!
it
7-
short on road
Temporarily, until we can get this road in, he ' 11 be,
frontage, then he'll pick up 200 and dome feet off that road.
1' he'd
• C.COTTERILL- -What you're saying is, if, this was neve r built,
have legal road frontage cause this could be put on there, but if
it wasn't built, he won't have?
G.ROTUNDA.- That's right. I'll show you this other survey that was
just done by George Schlecht, with the proposed. road., so you
could see how this would end up. This is just part of that, we
transposed the new parcel on this survey. These lots are all
more than the required acre and there's good water there. Corn
Crib Road is up here. This road was originally going up this
creek. The problem with developing that was, first of all, it
was not 100 feet from here to the center of Corn Crib Rd, also
it came onto Yellow Barn Rd. at a funny angle, whichwas bad.
Mahlon suggested we do it this way. George Schlecht also thought hat
this would be good. He resurveyed the�lot with that in mind,
way it all.f.its in nice and neat. Thelllonly problem :here, as far
as ordinances go is this.
B.KEECH -- Taking away some of this road frontage on that
t'cular lots III
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G.ROTUNDA-- Right, s.o.in order,to sell this property, I'd have to
Fa^ve a variance,
C.HATFIELD- -When would you be planning to put the road in? This
• summer?
q
G.ROTUNDA - -No, not until next year when we start to develop these
lots and we thought we'd make their driveway a. long one to come in
here and put this house at an angle s',o when this does become a
road, their driveway would stay the same.
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B. KEECH- -Let's start out with you feljl.ows, are there anymore
questions from the Board? Is there ainyone here that wishes to
speak either for or against the granting of this variance?
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P.CONSTANTINE -- I live.at 33 Yellow Barn Rd. I'd like to know why
a- variance is necessary? I don't understand.
•
B. KEECH -- Because he is .required to h(4
montage on a public road. He has it
he's thinking down the road a year o.
put in a road here,.to open up these
the frontage because the road isn't
right thing. He's coming to us askin
little so that later on he can retai
the road in, the lot `is legal anyway
P.COSTANTINE- -Would the area
would you retain that?
G, ROTUNDA-- I could sell it like
I get the variance,_ then I can
and not cause a problem for the
we'd have to resurvey it and I
easement from him,
of the
it is
sell 1
futu:
would
ve a certain amount of
at the present; time, but
two when he might want to
lots. So.then he won't have
uilt yet. He's doing the
that the rules be bent a
that. If he never does put
oad go with the lot, or
without the variance. If
he lot but retain the road
�e buyer or myself. Otherwise
t need a. right-or-way or an
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P.COSTANTINI - -I guess the comment I want to make is„ I appreciate
the;fact that you are building houses1'there. I think it's the right
use for the land. I just don't like to see the zoning laws bent
because they're already bent a lot in ;',Dryden.
B.KEECH -- You're talking directly to us'. We're the only ones in the
Town of Dryden that have the right to4',bend the zoning laws. If you
think we've bent it some places wherelwe shouldn't have, we'd
appreciate hearing about it.
P.COSTANTINI - -I don't .know the legalities, but some things go
through ough 'the -Town Board'. 1I
B.KEECH -- Yes,.they do, ;but we only want to hear about the things
we may have done wrong. l4
P.COSTANTINI - -I'm not saying you're the ones always bending them,
I'�m jug saying they're being bent.
B.KEECH -- Do you know why we have to have variances? A variance
is like a relief valve on a steam boiler, as far as the zoning
Board goes. Supposing that you lived in a great big farm house
that was only 60 ft. from the center of the road and you wanted
to put a solar green house on the outside. You couldn't do it
because of the zoning ordinance, because your house doesn't set
back 7.0 ft. from the center line.of the road. So you'd come to us
and we would hold a public hearing and we would hear from everyone
out there, whether they're happy or not. We'd consider that. We
consider it ourselves and chances arepwe'd give.ybu the variance.
Then you'd be as.legal as if it were 70' from the center of the
road.
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P,COSTANTINI -- That's
B.KEECH- -Would
do 'it?
the approach
I don't like.
i
you rather we just said no, we're not going to
P.COSTANTINI - -I think ;that the zoning flaw ought to be
enforced and you have a choice either Ito put a house
or not, and you can't have it both ways.
B. KEECH- -Where
P. COSTANTINI =- I
B. KEECH -- Is
the Town of
do you `live?
live in this house. �•
strictly
in that spot,
yours a
conforming lot
with
the
zoning ordinance of
Dryden?
Do you have
12,E ft.
of
road. frontage?
P.COSTANTINI - -Oh
B. KEECH- -Good, I
have.
yes. "I
think
P.COSTANTINI -- des,
have 309ft. 4
you have some neighbors there that don't
I think they were in before the zoning.
B.K8ECH- -Yes, but if they wanted to
bad shape without the ;Zoning Board
a little for them. You're fortunate
'I
do something, they'd be in
of 111 Appeals to bend the ordinance
that you have the frontage.
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C.HATFIELD- -maybe you need to set here on this
it works,
III
Board and see how
B.KEECH -- That's right, you ought to set here where these
do with no pay They're interested enough in the town to
help.
I
P.COSTANTINI - -I don't mean to be criIt 4Cal. I'm
express myfeelings,,
i�
B.KEECH -- That's OK. Wedon't take any offense.
fellows
try to
just trying to
P.COSTANTINI - -I realize it's a thankless.job one way or the other.
B.KEECH -- Sometimes we do get thankedP,l
P.COSTANTINI- -What happens if you decide not to
The area of property stays with that 7lot?
.
put in the road?
G.ROTUNDA- -That lot is more than large enough to comply with the
re ilia Ions .
r
P,COSTANTINI - -I mean you would get the right to build the
but if you didn't buil'd�it, it wouldn';,t be your property?
1,
G.ROTUNDA- -Yes, it would be my property. I own that whole
field. I don't have access to the pond or the field from
ji
other than my house. In other words, from Yellow Barn Rd.
I retain that, if I don't develop it. i! My intention is to
It. I see this variance as a temporary thing, for about 8
months, until I start-building in there next Spring„ Did
answer your question?
P.COSTANTINI- -Not exactly. I guess the questior.
otto build, then who would own the stretch of
road,
25 acre
anywhere
unless
develop
or 9
that
is, if you decide
property?
G,ROTUNDA - -I would. That is why I want the variance,
that property without that strip.
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P.COSTANTINI- -Then we would have another house
The proper frontage?
. l r
so I can sell
that didn't have
B.KEECH Right, and the variance would be granted so it would be
a legal lot.
P.CONSTANTINI- -Yes, but why do we ask'ifor that amount of frontage?
4
B,KEECH- -You mean if we don't expect
what you're asking? C
P. CONSTANTINI- -Yes.
B.KEECH -- Because we're just setting u
have lots of . helter- skelter, maybe on
and maybe one 300' etc. We are,trying
Boards to develop the ,Town in an orde
some guidelines to live by, who knows
ryone to have it? That's
a guideline so we won't
with 65' road frontage,
through zoning and planning
ly fashion. If we don't have
what a lot should be?
10-
G.ROTUNDA- -You said yourself, it was a good use for the property.
• I
P.COSTANTINI- -Yes, I do think it's a good use,
• G.ROTUNDA - -I can't borrow the money from the bank to develop that
area until they have something to attach a mortgage to, and they
have to have a legally approved lot in order to do that, so, that's
why I'm here to get a variance to make that a legal lot. If Sib can
issue me a building permit, the lot will be released by the mort-
gagee and the bank will loan me the money to build the house,
and I have to do that in progression. 'l If I could afford to build
five houses at a time, I wouldn't be here.
P.COSTANTINI- -Yes, I understand that, conditions can also
change where you don't'do it then you"',;have another house that's
not on a standard lot, and there's ones, more house in Dryden that's
not on a standard lot.,
G.ROTUNDA- -Yes, I suppose something could happen to me and it would
never ge done.
P.COSTANTINI- -Well, conditions can change beyond your control, even
economically,
B.KEECH- -Let's hear what you have to sjay.
T.C.IRAFICI - - I understand Mr.Constantinilils point. I don't like to
s ' ee the rules bent for. sake of bending,, the rules, I think this
gentleman has an excellent plan. I on.liy see -one problem with the
plan. I see the problem as being a compromise.to solve both of
the ,problems. If he would commit to put the road in, there would
be no need for a variance, and our concerns would be answered
because there would be no need for a variance. We feel you shouldn't
bend the rules just to bend them. I would think that, would make a
reasonable compromise on the part of the board and the part of
Mr. R.otuhda;
B.KEECH - -I think that you're being unfair to Mr.Rotunda to ask
him to invest his money in this road right off the bat. He just
got through explaining that he is piece mealing along, one house
at a time. Do you know,,what it costs to build the road to meet the
Town specifications so that they can take it over?
T. C IRAFIC I -- I have no idea, maybe you ,can tell me,
�I
B. KEECH- -You wouldn't have said` what you just did if you knew'
Unless you're a very rich man' Well, unless somebody else wishes
to say something, we'll close this public hearing.
P.COSTANTINI- -Just one-'more question How big does that lot end
up being?
G.ROTUNDA - -A little over an acre, by itself, without the road.
Actually its larger than that but we didn't count the creek. We
• own to the center of that. It also complies with the 150' circle
the Health Dept, requires for a septic! field, so it complies with
everything.
P.COSTANTINI- -Did you say after the road it complies?
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B.KEECH- -You see, if this lot line were drawn right down across
TFe creek and over there, what you would have over there is a
triangle of weeds in there that nobody would want to take care of.
The creek is, the thing that is makingp,that boundary line there.
P.CONSTANTINI -- Right, but the lot liner is mostly on the other side
or he creek as far as I know. I'm not exactly sure.
B.KEECH - -I'm just saying this creek .line is what kind of upset this
him ng n the first place.
�ICONSTANTINI- =How did 'that upset it? That don't belong there,
How can you draw that line there?
B.KEECH - -I realize that, if the creeklwasn °t there, that would
never have been sold. The creek determined the lot lines.
P.CONSTANTINI - -Oh yes,' I see. I really don't have any objections
other than a psychological one. I'm really happy that you're
building. t
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G, ROTUNDA -- Thank you.
B,KEECH - -We appreciate' your comments. ';,All of you. We're going to
c ose he hearing for Mr. Rotunda. Gene, we're going to reopen
alllof these public hearings after weigo into executive session
and, - discuss all this stuff and we'll probably vote on it then.
HEARING CLOSED 80,19 PM I
HEARING IV
8a20 PM
Public hearing to consider the
678.Midline Rd. to place a mobile
requesting a variance to Sec. 803
which requires that a lot have at
B. KEECH- Mr. Pyle.
J. PYLE -- I have no idea what I'm IS
application of James Pyle of
home on his property and is
of the Town Zoning Ordinance
least 125 ft. of :road frontage,
uppose to be doing or what to say.
B.KEECH -- That's alright. 11
J.PYLE- -There was a question on the road frontage. 'This is a
rough drawing of my father's propertyll
IF
C.HATFIELD- -Where do you intend to build?
J.PPY�LE - -I intend to put the trailer here. It's approximately
a
n acre. This is my father's old house. He still owns it; This
is his house now. Here is a letter from Frank McGory.
B.KEECH - -No, this is not your property yet?
J. PYLE - -No.
B. KEECH- -But
J. PYLE- -Yes,
you are buying it? Will it be surveyed off to you?
we're waiting for the surveyor.
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B.KEECH- -While you.fellows are looking, that over, is
anyone here who wishes to speak either, for or against
granting of this variance?
C . H_ATFIELD -- The map shows what he plans to do.
there
the
B.KEECH -- You're going to put a trailer on here, then you're going
To your house here? ;i
J. PYLE- -Yes.
N,LAXOTTE - -Is there a, firm time table i,iso far as the house is
concerned or is it sort of a dreaming'stage.
J.PYLE -- Pretty much in;the dreaming stage now.
B,KEECH- -You propose a, sand filter. Halve you done anything about
that; yet, as far as the Health Dept, goes?
J.PYLE- -Well, presently there is a sand filter and al well there.
'I was all done, we'r& just proceedin ' along.
B.KEECH - -So you already have the sewage construction permit for
this and filter that is there, from th'e Health Dept.?
J. PYLE- -Yes.
B.KEECH- -How long have'you had that?
J.PYLE- -About a week and a half.
j
B.KEECH- -You don't have those papers with you ?(the sewage con- -
s�,cti on) ?
IF
J.PYLE - -No, I didn't know I needed them tonight. I can't remember
the fellows name from Gagle. He handled all that. We filled out
the application:
B.KEECH - -Do you have awell drilled?
J.PYLE - -No, we're planning to soon.
al
S.STEWART -- I think when his ad was, in the paper last week, I guess
mould be possible to have land enough, He owns about 64 acres,
he could have an odd shaped lot so held have the frontage, but he'd
landlock his father and he doesn't want to.do that,
B.KEECH - -I wish Mr.Costantini would have stayed and he'd see some
o� the problems that come bef ore the board. I'm glad you're still
here.(Mr.Cirafici). What would you do in a case like this?
T.CIRAFICI - -I'm not on''the board yet s1 I won't make that decision.
B.KEECH - -If you place this trailer there, you'd stay the 25 fto
fromthe side lot line according to the set backs on that?
J. PYLE- -Yes.. ..
it
B,KEECH -- Actually you could get a permit right now without a
variance from what Sib just told us. �I
• J.PYLE- -Then the trailer would just be:, there and the land would be
deeded to me? Is that what we're talking about?
B. KEECH- -This happens. There's frontage on. other roads, it may
be way back in the woods somewhere remote from where the dwelling
would be, but it counts.We realize the problem is that you need to
have this parceled out, otherwise it shuts off land back here
that your father owns.& there'd be nofrontage or no access only
over your property and it's not legal ito do that. Now we'd be
interested in your thoughts on this Nrd,. Cirafici.
T.CIRAFICI - -I'll take a look at the map, but basically my thought
is that you people have a more overlying problem than what to do
with this piece of property, It seems to be an awful. lot of
problems,
B.KEECH- -That 's what happens here. Wehave people with problems.
T,CIRAFICI - -I think. the first approach, is you try to solve the
problem, Which is his lot?
GENERAL DISCUSSION_Pyle showed the problem and map lines to
Cirafici after discussion.
T.CIRAFICI - -I see the man's problem & qII sympathize with him. It
seems to me some arrangements could be; made for a road back here,
I know that may not seem very practical, but operating under the
zoning rules we have and feeling that there's.an awful lot of
bending being done, I wouldn't want to+;ladd, to the bending sit -
uation by saying yes, I think you should give this fellow a
variance but at the same time, I have apathy for him.. because he
is in a terrible predicament and that's why I'm sticking you
fellows with this decision. The problem I'd prefer to attack is
the zoning, What I think is the problem in this Town, and I'll
go on record as saying .'it, is you people have some zoning rules
which you don't believe in or you wouldn't be making so many
variances and yet nothing has been done to change the rules. I
think that's where the problem has to be approached.
B.KEECH - -We have talked about doing away with the 125 ft. of
frontage, because there are beautiful lots. I live way back in
the 'woods, and I had to build a street back there before I could
get back where I wanted to build. I don't want my pets killed
or my grandchildren out on Route 13 when they come to see me.
A lot of people feel that way, So there's lots of land back off
the road and why we need. road frontage' ,'is beyond me. It is'
necessary of course to l finance a .lot, of these-houses and resell,
and people don't have forever so they do get sold.. Banks do re-
quire houses on a public road. If they had a fire back in there
and they needed to get trucks back in there, fifteen feet of width
• has been deemed sufficient to get emergency equipment in and out
in NY State, This is a good example. I do wish he'd have stayed
iI here. He says we shouldn't give any variances• In that case we
just,, don't exist, you can't do it. 1f
C.HATFIELD- -The Town of Dryden wouldn't grow,
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T.CIRAFICI- -Hight now I think you're looking to take the existing
situation to justify the issuing of val,riances, The problem Dryden
n.
has it seems there is't any plans for, the Town to grow.There
doesn't seem to be anybody looking intro what do we do if we should
grow....I see in the paper the last few months all the great things
that are going to happen when this super computer comes in. I'm
not as optimistic as most people. I think it's going to be good.
for the area. I think it will be real good for the Town of Dry-
den. I don't.think we're all going to',become millionaires over
night, like some think, but I don't see anything being done to
prepare for that in this town. L've hived in three areas that
have gone from country areas like this; to boom areas. In two of
the areas there-was absolute disaster,,because they didn't know
what they were going to d.o. Every time a fire popped up, they
made a plan to solve that fire, and they ended up with traffic
jams, They ended up with people living in terrible places. I
think you people have a thankless job.1' As Iair., Costantini said,
whatever decision you made, 90% of the time somebody's going to
be mad at you.
B.KEECH- -Yes, we've been called some terrible naTes.
I,
T.CIRAFICI - -I think you're going to have to live with that until
you 'come up with a situation to prevent those kinds of problems
from coming up. If I was sitting on ilithe Board. today, I really
feel sorry for this guy and I wish I could do something for him,
but my position would be, we have a certain set of rules and we
can't bend them. We can change the rules but not bend them. That
doesn't help this fellow out, You people have the leeway to help
him out, and you take the responsibility on your own necks.
Naturally, I can't tel you what to do. Emotionally, I'd like
to see you fellows say. yes, but I would not want to set the prece.
dent of saying go ahead and do this..
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N.LAMOTTE- -Under your philosophy Sir, I don't think there would be
any`,zoning in the Town of Dryden. It would have never been
approved had. there note been a mechanism such as this board to
take care of the mullions of contingencies which are unforseeable,
You can not cast -this thing in concrete and say this has got to
be in every situation.,. If you attempted to do that, the people
in Dryden would have wisely said "No, "we don't want zoning.'.'
T.CIRAFICI -- You're talking about a situation that existed at one
time when this was a more rural area than it is today. I see this
area booming. I'd love to see something done for this fellow, I
think it could mean some real bucks later. And that's why I'm not
going to be the fellow that sits up here and says you guys should
vote against this fellow. I'm just saying what I would do.
a
B.KEECH- -Why don't you get on the Planning Board? They could sure
use you
T.CI_RAFICI - -I was thinking more of running for Town Supervisor,
a position where I could have more af1ect on what goes on.
O.HATFIELD- -I'll bet that would be
T.CIAAFICI - -At the very least, the
supervisor? OK....thank you'll
a i!earning
l�
Town would
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have a full time
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B,KEECH -- Nobody back there has anythinl"�g to say either for or
against the granting of this variance? Neither of you fellows
• have questions? OK, we'd like to go into executive session now
to discuss these tnese things.. It may' be an awesome. job but some-
body has to do it. So if anyone wants' to know what the results
are, you can call Mr. Stewart after 8030 A.M. in-the morning, &
he'll let you know, We really do appreciate all of you coming in,
whether you had anything to say or not!. I used to be an anti -
zoner, I probably spent more of my own money fighting the zoning
ordinance, when it was first proposed,j, than anybody in the Town
of Dryden, And here I am the chairman of the Zoning Board of
Appeals, but once we got zoning, I d.ec''ided I'd do everything I
could to see if we can make it work. There's been so many cases
where we needed the Zoning Board. Like Nick says, without it, we
couldn't have zoning.
E
T.CIRAFICI - -I'm not 100% against bending the rules, but I am in
this particular case here because youpeople have bended too much.
I think what you have to do here is change the rules first so you
don't have to bend them so often,
B,KEECH - -I think that in your case, if you had some property like
this table here, and that was going to be your township, you could
start right in brand new, Lay everyth %ng out and you may not need
a zoning Board. That isn't the case here.. We have our hills,
dales,creeks, and lots! of houses here that were here before zoning.
MRS,SPAULDING- -When did zoning start?
B.KEECH - -In 1969. We'11 now move into executive session.
J. PYLE= -What should I 'do now?
B,KEECH- -We'll didcuss'all these things over, it may take awhile.
If you don't want to wait to find outj1 the results, you can call
Mr.Stewart in the morning®
J.MCGUIRE- -Could I talk to you for juslt a minute? I know I couldn't
get in on this tonight earlier. I'd just like to submit what I'd
like to do on Short Rdr, See, I'm tryinug to work through a banK in
Rochester. I'll be putting in a double, wide modular,, here are the
plans for that, fireproofing etc. and "I have a,rough sketch of
what I plan to do. Now, he's never asked us to do anything about
the,Iroad, We'd like to live u-o there�a.nd help better the community
too, I have 225 ft. x $40 ft;' _off Short Rd.
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GENERAL DISCUSSION with McGuire showing sketches and explaining
his plans. He wanted an emergency meeting of the Board to get a
variance to put modular homes on his p {I�roperty, He needed a var-
iance to get an OK from the bank for a loan. It was explained
that he would have to see Sib for a va! °riance application and a
public hearing would have to•be set up"..
II
PUBLIC HEARINGS WERE CLOSED AT 8:45 P.M. Board moved. into
executive session.
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`• ALL PUBLIC HEARINGS REOPENED AT 9 : 35 P. M.
DECISIONS
HEARING I (Rumsey)
C.Hatfield made a motion to NOT approve the variance,
Seconded by N. LaMotte
VOTE ALL NO VARIANC'IE DENIED
'II
HEARING II (Krebs)
'P
N.LaMotte made a motion to not approve,'the variance.
Seconded by C. Hatfield,
VOTE ALL NO VARIAN CCE DENIED
F u
HEARING III (Rotunda)
C.Hatfield made a motion to approve the variance.
Seconded by N. LaMotte,
..III
VOTE ALL YES VARIANCE GRANTED
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HEARING IV
(Pyle) ,
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N.LaMotte made a motion to approve theivariance.
Seconded by C.Hatfield.
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VOTE ALL YES VARIANCE GRANTED
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C.Hatfield made a motion to adjourn the meeting.
MEETING ADJOURNED 9050 p, M.
Secretary,
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