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HomeMy WebLinkAbout1985-08-06II \AWN OF DRYDEN AUGUST 6, 1985 \ NG BOARD OF APPEALS �oning Board of Appeals met Aug. 6 with members N. LaMotte, Hatfield, Chr. B. Keech & Z.O. S. Stewart present. Absent - D. Re & P. Brellochs. Meeting called to order by Chr. B. Keech - 7:40 P.M. HEARING I 7 : 41 P'. K Public hearing to consider application of William Breidinger to place Modular home on his property at 48 Sweetland Rd. for his in -laws' and is requesting variance to Sec. 803 of Town Zoning Ordinance which requires that a lot have at least 125 ft. frontage on public road.. Mr. Breidinger explained he was seeking temporary variance due to ill health of his in -laws, (Mr. & Mrs. Alex Mayer). He felt it would be easier to care for them if they were closer. Modular home would be used only by his in -laws & be removed when they no longer lived there. B. KEECH - Is there anyone that wishes to speak for or against the granting of this variance? L. BARRON - (49 Sweetland Rd.) I'd like to know what temporary variance is' & if, Breidingers should sell their property, could variance be transferred to someone else? B. KEECH explained difference between permanent and temporary variances & said if granted, stipulation would be made for only in -laws. L. MARSH - (43 Sweetland Rd.) Will'you put in another driveway & where will home be placed? W�BRE_iDINGER - We're going to build access road or maybe extention to our driveway. Modular will be in back of our house. M. HAWKINS - My land joins to the east. I'm wondering how far from property, line modular home will be & what minimum requirement is. B. KEECH - 15 ft on side yard. WW.BREIDINGER - It would set approx. 50 -100 ft, from your property line. M. HAWKINS - Would modular home have its own water supply & septic • system ?, Your water source located on my land through easement transferred along from previous owner. I'm wondering about water supply being sufficient. • i 0 - 2 w W. BREIDINGER - One option would be to get water from our house. Septic system is separate, I have y p permit from Health Dept. Dug well is spring fed. Never had any problems with water. Randolph Pump Co. suggested we enlarge holding tank, which we plan to do. M. HAWKINS - Does easement pertain to one family or.multi- family? Be EECH - Would be best to ask attorney. Are you concerned that addition will lower water table or cause problem with your water supply? M1 HAWKINS - During dry summers like this one, I use lots of water for irrigation for my operation. With this easement, what entry rights does he havetD the land where water source is located? Be KEECH - That's also question for attorney. HEARING CLOSED 7:59 PM• HEARING II 8:00 P.M. Public hearing to consider application of Howard Aldendorf to keep two unregistered vans on property at 1200 Dryden Rd. & requesting variance to Sec. 905 of Town Zoning,Ordinance which requires all :Lots shall be kept free of unregistered and /or abandoned or inoperable vehicles. Mr. Aldendorf not present, nor anyone to speak on his behalf. Held phoned Be" Keech earlier saying property was rented before & tenants did not clean up as they had said they would, in fact they made it worse. Claimed held moved in about ,a month ago & had every intention of cleaning it up. Clean up had been turned over to judicial dept., nothing done yet. Apparently also in violation of State fire code. i-o WILSON 11 96 Dryden Rd. At present there are eight unregistered vehicles':& junk all around the place. We'd like to see it cleaned'up! He's been promising us held clean it up for 15 years! He only lives there off & on. D. SNYDER - 1204 Dryden Rd.'� I echo Jim's sentiments exactly! I'm bothered by building he has people living in down back, & also open cess pool. Vans arenIt so bad, it's all the other junk & general appearance of place! S. STEWART explained case had been turned over to higher court this summer. Attorney had given certain time limit for clean up, Health Dept. involved. Not supposed to be anyone living in back building. -3 N. LaMOTTE questioned statement Aldendorf gave B. Keech on phone.about living there past month. WILSON & SNYDER agreed he was not living there; He has three apartments, • all rented, & comes there periodically to putter around. H. CASE - 953 Dryden Rd. Place been disgrace for several years. Like to see variance denied. HEARING CLOSED 8 :10 P.M. HEARING III 8 :11 P.M. Public hearing to consider application of Roger Young, 1168 Ellis Hollow Rd. for a variance to rent his home to four unrelated persons. R. Younglpresent. B. KEECH - Is there anyone here to speak either for or against granting of variance? E vonBORSTEL - '1166 Ellis "Hollow Rd'. I'd like to know why request for variance? Is hardship involved or why can't.it be rented out in terms • acceptable to ordinance? Thought you had to show hardship & I don't see one® Don't like to see Zoning Code controlled by variance rather than rules unless there is some clear hardship. R. YOUNG'- explained that in June, they had agreed to rent their house to the four students. Before'signing lease, they checked with S. Stewart & found they could not rent to 4 unrelated persons. It +s :Large house with four plus bedrooms.. I'd like to rent it for academic year- -Aug. -May next year. There wouldn't be any problem with cars. Basement apt. & parking area separate. Our son lives here &will look after things while we're away. .,,yonBORSTEL - This would be temporary variance.then? B_,KEEC_H - Yes, for this academic school year. HEARING CLOSED 8:20 P.n. HEARING IV 8:22 P.M. Public hearing o consider g application of Jeffery McGuire to place two double�Awi.de mobile homes on? h -s lot :on .Short Rd� (NOT public road). & is i - 4 �+ requesting variance to Sec, 803 of Town Zoning Ordinance which requires a lot have at least 125 ft. frontage on public road. • J. McGUIRE showed sketches!& plan where homes would be placed. Said held have no objection to working on some kind of agreement with other families for road maintenance. Be CH - Seems we discussed this just last month for Mercy Krebs. No one seems to be in agreement on maintenance of road. J. McGUIRE - I wasn't sure how to approach problem. I tried to get mediator & spoke to both Mr. Russell & Mrs. Spauling on phone. Think with more time, we could all be in agreement on road maintenance. B. KEECH - Our concern is placing even one home on non public road. You know we turned down Mercy Krebs for that reason. Purpose of Zoning Board is to protect health, safety, & welfare of people in Town of Dryden. There could be lots of difficulty getting emergency vehicles in there. J. McGUIRE - Everyone just has to be understanding & overlook things like that. Ig It KEECH - Well, people don't overlook things like that when it comes to suing. J. McGUIRE - Oh, you mean something like ambulance to get in there, I was just thinking of oil or gas truck, or elec, meter reader. I cantt see why we cant berbce to one another & work together on road. B,� KEECH - We had another situation similar-b. this one where the people petitioned-he Town which took over & brought road up to specs. Road was deeded over to Town, so they maintain it now, J .MMcGGUIRE - What's the sense of owning piece of land you can't use? This is opportunity for us, were young, thatts why we're fighting for this. I!m not wealthy & can's afford lawyer, even though I work every day BtK ECH.- This lot doesn't bound any other road? (Only Short Rd.) J. McGUIRE - I guess it's a road when they are using it for listings. B,,, KPECH I'm sure they're not, & it's not on Town rolls as public! MRS. J. SPAULDING - School address goes by Bone Plain Rd,, NOT Short Rd. GENERAL !HEATED DISCUSSION between Spaulding, Russell, & A. McGuire. d B. KEECH requested each person take their turn &.give name for records. MRS. J. SPAULDING - I live above where Jeff McGuire would like to put modular homes. In variances, doesn't it state a building should be so many feet from property line? B. KEECH Yes, that's stated in Zoning Ordinance. (151 side, 25t back, & 701 from center of public road.) This is on lot itself. This is not a legal lot because Short Rd. is NOT public. MRS. J. SPAULDING- Since it is not a public road, would-151 requirement be enforced? B. KEECH - I'm sure if variance granted, Mr. Stewart would check site requirements. MRS. J. SPAULDING - With a_ '.Variance, most people ask for one home, how can these people ask for two? Is there any stipulation'as ii how many can be put on one variance? So STEWART o If there's two on onelot they need variance for each one. If each unit has enough required frontage only one variance needed. Be KEECH - In this case, each lot would have the required size, IF it were a legal lot. J. RUSSELL - I live on Short Rd. Not going to speak for or against variance I would like Town to put up sign saying road is dead end, abandoned or something like that. It's getting to be real pain getting out of bed to pull someone out. Road has been legally abandoned by Town of Dryden. B. KEECH - I think that's a reasonable request. A. McGUIRE - If that's abandoned road, how come I had -to sign OK for telephone poles on my property? I own 20 acres up there, & Bob & Jim Russell have nothing to say about it, I'll prove it to you! GENERAL ARGUMENT between Jim Russell .& Audrey McGuire about deeds, property ownership, etc. SECOND PARTY wanting to live there spoke for the variance. They were willing to help with road maintenance. (Names not given) -6- C, HATFIELD - Wouldn't simplest thing be for these people to get together d & bring road up to, Town specs, & deed it over to Town? • B. KEECH - That's what should be done' J. McGUIRE - But wouldn't that cost lots of money, like $48 per ft.? B. KEECH - Yes it would. N. LaMOTTE - Who owns the strip of property you refer to as the road? J. McGUIRE,- I guess we all do, to center of road anyway„ Isn't that way it works? N. LaMOTTE - I think it would be important for you to know. If you're talking about maintaining that strip of property as road & you don't own it, you're trespassing. J. RUSSELL - I've been doing some checking. Sonny Brotherton owns bottom portion of that on the other side of road. He owns 643' up. According to him, he owns the whole road on that part. When road was actually put in there, it was built all on one person's property. Ross • Gerbassi owns the other part allihe way up. We've had.lots of discussions about road & there's lots of legalities. N. LaMOTTE - Mr. McGuire, were you aware of zoning restrictions before beginning project? You may,have put cart before horse. 1 J. McGUIRE - Presently we own trailer in Newfield® This land given to us & can get very good deal on'two modulars. Didn't think there would be this much dispute between neighbors & be this tough. MRS, McGUIRE - We felt neighbors lived there for same reason we want to live there. All have same dream. We're-not trouble makers & not going up there to destroy' We love the country. N. LaMOTTE - Problem not with.neighbors, but with road not being public. Ample space for about eighty homes along that road, If we grant you variance now, & keep issuing variances, we could have lots of homes up there with no fire protection etc. • C. HATFIELD.- You're asking us to do something we have no power to do. We can't grant variance on non - public road. _7_ MRS. McGUIRE - We came here believing we could help maintain Short Rd. 3 We can't afford,to bring it up to regulations, but we'd do our part keeping it open. • J. McGUIRE - How did John & Jim get up there? Were they before ordinance? S. STEWART - Bob Russell came in for permit on Short Rd., which showed on tax map. Without referring to list of town roads permit granted. Later came out that Short Rd. not public,,so he came back & applied for variance since his trailer already there. When 2nd variance granted, stipulation put in, that would be last one issued on Short Rd. Bs KEECH - Yes, I remember that being in notice of decision' J. RUSSELL - We didn't need variance to purchase land from Bob Russell. We got one to put double wide there to replace old trailer. A. McGUIRE - Robert Russell first bought property from me to put church there for his son Raymond. C. HATFIELD - I don't think these young people realize position they're putting us in, with that not being public road. I can understand you folks wanting to use land you were given, but easiest way is for all of you to bring road to Town specs. & deed it over to Town. J.McGUIRE - Who's got that kind of money? We're just common people. MRS. J. SPAULDING - I think they're forgetting it's not public road & not on any map. Fire Dept, & emergency facilities don't know where it is & they would have difficult.time trying to find it in emergency. J. McGUIRE - I would personally like to know how Spauldings & Russell's actually feel about us moving up there in general. I don't know them. J. RUSSELL - Truthfully, I have nothing against you or your family. When I bought it originally, there was zoning dispute & I over bid Town. I bought because it's quiet & peaceful. Spaulding's had fire when first moved in last year. Got it out before fire apparatus arrived, but road not made for heavy equi.pment.�If I have bad fire, I'll just have to move. MRS. J. SPAULDING - We don't have anything against you personally, just • trying to look to our future. Suppose you live there & decide it's not your cup of tea. Others may not feel the same about land as we do. HEARING CLOSED 8:55 P.M. 8- J. McGUIRE asked what his next step would be, B� KEECH said Civil Court was beyond Z,B.O.A. S. STEWART gave McGuires copy of Town's policy on roads, Audrey McGuire showed Bd, copy of deedstD prove dates of purchase, •ownership, etc. She couldn't understand road abandoned when services such as oil & bottle gas & meter readers used road regularly, N. LaMOTTE - That has nothing to do with legal status of road, Town has abandoned for a fact, Way,for service vehicles to gain access, whether private drive or what'• LJ A. MCGUIRE - They say you pay taxes to center of road, right? N. LaMOTTE - These people.,.Indicated in:.their-,studies.-.that:� °road not..•built between two properties, but all on one, Your attorney or surveyor would have to answer that, Be KEECH asked public to leave so Bdo BOARD MOVED INTO EXECUTIVE SESSION ALL PUBLIC HEARINGS REOPENED DECISIONS HEARING I (Wm, Breidinger) could move into Executive Session, 9:05 P,M, 9:35 P.M. Be KEECH''made motion to approve variance with stipulation it is to be used only by inlaws as long as they live there, after which modular will be removed, Seconded by Co HATFIELD, VOTE ALL YES VARIANCE GRANTED HEARING II (H. Aldendorf) C, HATFIELD made motion VOTE HEARING III to deny variance, ALL; NO . . (R. Young) Seconded by_ N., LaMOTTE, VARIANCE DENIED C. HATFIELD made motion to approve variance with stipulation it is for school year from now till end of June 1986: Seconded by N. LaMOTTE, i VOTE ALL YES VARIANCE GRANTED _9_ ' HEARING " IV (J. McGuire) Be KEECH explained Board'sAisappointment in not being able to grant variance due to Town Policy on roads. GENERAL DISCUSSION between A. McGuire & Board. Civil Court only way to over -rule Board's decision. Maybe attorney would be helpful. N. LaMOT`P;E made motion to deny variance on basis of Town Policy. Seconded by C. HATFIELD. VOTE ALL NO N. LaMOTTE made motion to adjourn. MEETING ADJOURNED 10`:00 P.M. • • VARIANCE DENIEI) Seconded by C. HATFIELD, Secretary' Carried.