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HomeMy WebLinkAbout1985-09-17TOWN OF DRYDEN ZONING BOARD OF APPEALS SEPTEMBER 17,111985 SPECIAL. MEETING Zoning Board met 9 ®17 -85 with members D. Rose, N. LaMotte, • C. Hatfield, Chr. B. Keech, & Z O.jS. Stewart present. Absent® P. .,Brellochs., Special public hearing called tojorder 7:36 PM to consider application of John Peverly to build addition to his home at 348. Snyder Hill Rd., & is requesting variance for 70' set back and 151 side property set back.' This is second hearing on this because first time neglected to advertise that 151 side yard set back also needed. Entire Board has been to Mr. Peverly's since first hearing to look at lot lines, which have been recently surveyed. No one present.to,speak either for or against granting of.variance. Board had no questions, no need for executive session. After looking at property, it was found variance not necessary for front yard setback. Measurements showed addition would set back 70 -71;,1 from road centerline. Board found all houses were consistantly set to right hand side,of lots so actually presented space between houses. Even . though houses themselves close to side yard line,. that would still be aprox. 801 from new addition to neighbor's home. Board had letter from Mr. Gutelius (neighbor) stating he had*no objections to variance being granted for Mr. Peverlyls addition Mr. Peverly stated he & Mr. Gutelius had talked it over, & wondered if necessary to allow 301 between new addition & any future structure Mr. Gutelius may wish to construct.' B. Keech explained any structure?on Gutelius property would only need to be 151 from his own side yard lot line, which could be 201 from Peverly's addition. Co HATFIELD made motion to grant;; 151 side yard variance as requested. Seconded by No LaMOTTE.� Discussion - Letter from Mr. Gutelius should be kept on file. .rVOTE 4 YES 1 ABSENT VARIANCE GRANTED J. Peverly said he was pleasantly surprised entire Board had been out to look over his place. Really appreciated their time & efforts. Hadn't really expected that kind of treatment. Pleasant exception,to' the rule. i; B. Keech thanked him,saying it was nice to hear some "good words" once in a while. ,. SPECIAL.MEETING ADJOURNED. <.. • t _ Y ry Secretary, .rI �s � q _ Y ry Secretary, TOWN OF DRYDEN SEPTEMBER 3,19.85 . ZONING BOARD OF APPEALS Zoning Board met Sept. 3 with members D. Rose, P. Brellochs, N. LaMotte C. Hatfield, Chr, B. Keech, & Z.O. S. Stewart present. Meeting called to order 7:35 PM. • HEARING I 7 :36 PM i Public hearing to consider application of James Shippy to sell lot & requesting variance to sec. 11803 of Town Zoning Ordinance which requires building lot to have at least 125' road frontage. Chr. B. Keech asked if there was any one present to speak either for or against granting of variance. John Vaccaro of 823 N. Wood Rd`* asked how much frontage there was at present & what would happen if'!variance was not granted, could land only be used for agricultural purposes then? Also wondered what next step would be if variance denied. B. Keech explained it was for reasons such as this the ZBA ;was there, & that no matter how an ordinance was written there may be similar situations. Also stated that Civil Court could overrule a,ZBA decision. P. Brellochs said premise for 11125' really has to do with density of development. In absense of that, obviously narrower lot tighter density would be when ordinance adopted. My assumption, since I wasn't there, would be that was conceived to be reasonable land use plan for Town of Dryden to carry them into future - as narrow as that - Fact there is properties including one we will be considering tonight, that have minimal frontage on public road, but lots of acreage behind, not 125' frontage but close to it, that sometimes makes for very difficult cases. • J. Vaccaro had spoken to many of his neighbors, all he spoke to were against setting precedent &j,allowing more dense population. Concerned because they had movedipto area for want of plenty of space. Presented Board with petition against variance. B. Keech said reason for public hearings was for folks'to voice their opinions, & their imput was helpful. Asked if anyone else would like to speak. Vicki Dougherty - Groton, N.Y.`- was interested in purchasing Shippy property. Stated they hadn't planned to build on 110' strip, but further back on open part. Russ Vidler - 790 N. Wood Rd. asked if frontage would be needed since, planning to build further back. B. Keech suggested if people were against parts of zoning ordinance they should go to Planning Board & maybe some requirements could be changed. Wanda Bruster - 821 N. ;Wood Rd. - wondered if variance granted & they were to build further back on lot, if circle for septic system would still be needed. Her well located way back on her lot & worried about possible health hazard. B.,' Keech assured her that was up to Tompkins Co. Health Dept. & one o'If their requirements was that sewage systems must be at least 100' from any well. J. Vaccaro asked if property al 'ctually had to be purchased or if right -of -way might be granted. In other words, if he had design on buying this 45 acres' & variance ,granted, would change value of lot . considerably. He & his father had been thinking about purchasing that property but figured price wouldhave to come down if it could only be used for agricultural purposes. ;They'd rather variance denied. n + James Shippy - Hector St., Ithaca - Restated they didn't want to build on 110' strip but back on 42 acre rectangle vAgre they would be 300' from any well. If variance denied, land would be locked up so no one could build, only one. able to use land would be Mr. Vaccaro, J. Vaccaro said what Shippy actually saying was make it possible for him not to have to purchase property off me & lower value of my property because his property is landlocked, not my fault. B. Keech said the property was not landlocked, just'''lacked proper frontage, J. Vaccaro stated Shippy didn't have enough frontage to build & that it had been strong consideration when he first purchased his property. (No one had mentioned possibility of applyin& for variance, thought should have occured to him). B. Keech asked Board members if any questions. N. LaMotte asked where Dougherty planned to build, ti. Dougherty showed location on survey map, saying they were three years away from building, just checking possibilities before purchasing land. D. Rose asked J. Vaccaro how long he'd owned property & who purchased from. J. Vaccaro purchased land about 2`years ago from a company who moved people that change location of jobs, didn't remember name. D. Rose wondered if property had all been one piece at one time, J. Shippy said it had & he'd owned it. Held sold front section to neighbor to add to acreage & kept the back for hunting purposes. D, Rose suggested people look into zoning ordinance's before making such transactions that presented these kind of problems." General discussion of status of property now, other possibilities including developer being able to put a road in back to 45 acres and developing that land as opposed to a single residence. Public hearing closed 7:49 PM HEARING II 7:50 PM Public hearing to consider application of Dean Benson to build addition on his home at 469 Thomas Rd. & is requesting variance to sec. 703 of Town Ordinance which requires building be at least 70' from road center line. D. Benson had filled out short EAF. His main concern because of steep slope in back, only place for addition would be one proposed. P. Brellochs had been to site, verified steep drop off, almost two terraces, only place for addition. Estimated 151 drop from Thomas Rd. Public hearing closed 8 :00 PM HEARING, III 8:02 PM Public hearing to consider application of John Peverly to build addition to his home at 348 Snyder Hill Rd., & is requesting variance to sec 703 of Town Zoning Ordinance which requires building be at least 70' from road center line., B. Keech said variance also needed for 15r side yard requirement. J. Peverly said lots were residertial"'arranged similarly to his own. Houses set on east side of lots.; Said his neighbor, Mr. Gutelius, had no objections to closeness of proposed addition. Both J. Peverly & Mr. Gutelius wondered about 511'dimension not mentioned in letter to land owners. S. Stewart said it was an oversite on advertising. Pq Brellophkq questioned approxe distance of separation between proposed addition &I+i. Gutelius' residence. J. Peverly estimated 751. • • _3_ P. Brellochs had been to site. General discussion of possibilities Of changing dimentions of addition, why asking for such a large addition for garage, questioned accuracy of footage drawn on sketch from porch to road. B. Keech asked if Mr. Peverly could get written statement from Mr. Gutelius, J. Peverly thought he could. Public hearing closed 8:15 BOARD MOVED INTO EXECUTIVE SESSION. HEARING • III All hearings reopened 8:37 PM Mr. Peverly only one present. B.i;,Keech explained why this was difficult due to error & oversite in public notice advertising. After lengthy discussion it was:_decided to postpone this hearing until correction could be advertised and Board could look at site. Board. will meet at Mr. Peverly's tomorrow night, 'Wednesday, 9 -4 -85 at 6:00 PM. A special hearing will be held September -l7'', at 7 :30 PM. B. KeecheD. pologized for delay and inconvenience. DECISIONS HARING. I (J. Shippy) C. HATFIELD made motion to grant Uvariance with stipulation that variance be limited to one residence to be set back minimum of 3611 from center of road ( minimum 30f 'from East Boundary of Bruster property). Seconded by D. ROSE.'! VOTE ALL YES ir VARIANCE GRANTED HEARING II (D. Benson) Discussed topographical problems.', P. BRELLOCHS made motion to approve variance for addition not to exceed 141 6" in length. Seconded by D. ROSE, VOTE ALL YES VARIANCE GRANTED HEARING` III (J. Peverly) Special hearing scheduled for September Meeting adjourned 9 :30 PM 179 1985 7 :30 PM Secretary,