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Home My WebLink About1985-11-06I ,i • �J 4- TOWN OF DRYDEN ZONING BOARD OF 0 APPEALS NOVEMBER 6, 1,985 ' Zoning Board met November 6 with members N. LaMotte C® Hatfield, P. Brellochs, Chr. B. Keech, &'Z.O. S. Stewart present. Absent, - ,D. Dose ' ` Meeting. calledl'" to. order 7:33 PM. Also hhresI. M. eY HEARING I` Public hearing to consider application of -Larry King to have used car sales at his home address, 50 Upper Creek Rd. in Etna & is.requesti•ng variance to Sec. 751 of Town Zoning Ordinance, L. King was present toelaborate on his intentions. He doubted that anyone would notice any difference in way he is- operating „presently, Timothy Rogers, Dick.Deeb &. Peter Curtis (all residents of Upper.Creek Road) were.present with questions & concerns. Lengthy discussion. Hearing closed® HEARING 'II Public hearing.to c.onsi'!der application of James Krumhansl to build-carport on his home-at.2 Genung Road, &'is requesting variance to Sec. 703 of Town, Zoning Ordinance which requires a building be at least 70- feetr°from. road- center.Iline ; Mr. & Mrs. J. Krumhansl,'present. They ,shared Xerox copy of survey map with their intentions & 4photo, of` house &, mature trees along'Genung-Road. They were very much against cutting any trees. They explained difficulties "with putting the'. g " . arage anywhere else® General discussion. v Hearing closed. HEARING Il'I it Public hearing to consider application of Dryden Housing Group to'have 96 parking spaces instead of 189,.spaces required in Sec. 1401.1 of Town Zoning - Ordinance for their multi�:family housing on,'!proposed.F'ar View,Drive. i 2 4 10 Tim Buhl present on behalf of Dryden Housing Group. He stated more research had been done since application submitted. • Very "limited flat space to work in since Bite, moved, 6001 uphill. .(Moved due to Planning Board ruling) Creek goes through back` corner of lot making larger-parking lot unsuitable now. Looking at approximately $25,000 additional costs now for water system. If additional parking necessary, must build more storm.drains plus extra grading & paving °as -well® Looking.-at another $359000 in ektra,'site development. costs on top of $25,000 already.committed, to by.movng site, J. Macrina, J.. Strantz, & D® Bravo- Cullen present to-speak-on behalf'of Lee Road residents.' Letter from J Macrina.read by Chr.' Keech. (Letter on file.)pLengthy general discussion:. Hearing °.•closed. -. HEARING` IV r.„ x t I a Public hearing to consideir application of` Jeffery McGuire to . place mobile home on Short Road, -, (not public road) & is requesting. . variance- to Sec's 803 of, Town .Zoning` Ordinance: which requires4 lot have at least 12514frontage on'public road; Attorney Perkins info "rmed Chr, Kee.di that Mr. McGuire had requested.postpohement of hearing to have 'combined hearing at later date if possible,•..Discussion - Hearing postponed until Nov. 19.'; BOARD MOVED-INTO EXECUTIVE SESSION. 8 *55 PM All hearings reopened 9:50••PIA ; l►' . _ 3 .. r DECISIONS" 4 • HEARING I (L. King) Discussion (hardship) N, LaMotte made motion to grant variance with following sitipi.lations; 10 No more than 6 cars (2- .no, rmally in garage & 4 on display outside) 2. Adequate off street parking�be provided, 3. .Sign no larger than DMV specifies. (In NO event larger than 1tx2o) 4• Noo sales.on Sunday Seconded -by C. Hatfield® VOTE 3 YES (LaMotte,' Hatfield, Keech) 1 NO (Brellochs)-Variance GRANTED HEARING II (J . KrumhansI.) VOTE 4 ALL YES - (TARIANCE GRANTED. .HEARING III (Dryden Housing) Board felt additional informati.on.`needed; before vote. Suggested documentation on other projects, similar to this one be brought in . Also engineering study on how much additional run off & impact on, property & °creek there.may be. Also a letter from.TC3 as to the "overflow ", parking faciliti sv.. Discussion.. �, Also suggested Herkimer & Canandaigua may be similar to Dryden' s situation. Mr. Buhl will try to gather information by Dec. meeting. HEARING I'V (J. McGuire) ; IL Postponed until Nov. 198' 1983 7;30 PM i MEETING ADJOURNED 10:30 PM. A complete tape of -this meeting on file in Town Hall vault. iSecretary, o. 4 I TOVVN.OF DRYDEN NOVEMBER 19,1985 ZONING BOARD OF APPEALS Zoning Board met'11 -19 8;5 with members. P. Brellochs, N. LaMotte, Chr. Be Keech, C. Hatfield p4opresent. Absent; D. Rose & Z &Q S.,Stewart.0 Meeting called to. -. order 7:37 PM. Also �rese.;t "; /!�. j�ec -� �3. - �� At��rn,.��• HEARING I ; Public hearing to consider application•of Jeffrey McGuire to place mobile home on'Short'Rd. (not public road•) & .is - requesting variance to. Sec p803 of Town Zoning Ordinance which requires that lot haveat least. 125'' frontage on public road.: Be Keech .,.,- This is. new req.ge'st for variance. (pr.evi:ous request was ..for 2 double wides') ' Myra Malkin -,"Attorney for 'J'. McGuire Wanted: to be certain all relative "information, in :record since so, Lmanpy 'Stages. Land given, to J. McGuire in . April 1985: by .graiidmotlie'r; :.:McGuire put in electricity, well, septic system &.trailer (still on wheels). Not living on .lot, staying with friend ("Go Cheval'er-) since- -late Sept. Wanted to be prepared to move�iA.btefore ground.,froze in case variance granted. Prac., ical dlafficulty &, economic hardship, to use land in ways permitted without variance.' 'McGuire cleared lot before July Board meeting.(clearing cost' -8% of his annual gross income) il,Could have.. avoided hardship (cleari "4g costs) bu -t .hadn't , realized may be .problems (gr,andmother .,never -mentioned -road not being public). Had.sold trailer ifi Newfield to:friend:' Put $200 worth of (gravel on. road. in. -good, faith, &> had .spoken to Joseph Russell about plowing road ;.n "winter.` McGuire concerned about assessment, another house being lived in on"= '8horptRd., & previous variances granted on Short Rd w M. Perkins - This hearing developed from previous heari•ng,,'domial of variance, & court case where court. sent application. back for` rehearing..Pointed out thattpe -tit :over had burden of proving his case. Board must use own independent judgeme'n in forming opinion as to wliether petitioner had proven practical difficulty... McGuire. created situation himself - '. t ;hasn' presented "any proof as to cost of bringing road't.o Town specifications - question of assessed value..sep,arate! issue, house in question• aband "one.d now. Had'to• have gotten permits from Health Dept. "& NYSEG' for septic system" and electrico so actually put burden on Board after creating situation himself N...Lavlotte - Wondered if McGuire had any further information on owner-of ''strip of. ground used for access. (Short Rd'-) M. Malkin°, Hasn't sorted all that out out yet Deed from Audrey' McGuire speaks of boundary on Short.Rd., but lots of deeds over past 20 years involving pieces of that property. No co- operation from neighbors, understand they are opposed to his being.there. N. LaMotte - Any attempt being.made to bring road up_.to where it would provide year round access for emergency.,vehicles? J. McGuire - Put $200 worth of gravel on end'of road near Bone • Plain Road.. Co Hatfie=ld Puzzled why McGuire moved- trailer in' before .getting variance.; a • J. McGuire - Had trailer in Newfield, promised'to sell to friend, friend told his landlord so he had to move out - never dreamed not able'to put new trailer on own land or other problems.. . could be produced on that•trans- sale would be- alright.. Bre- llochs P. Brellochs - Wondered if_.proof action. -` „Malkin asked if bill of said OK, di Concerns .& comments from public. E. Vann - In process of- buying land on corner of Bone Plain & Short Road from Brotherton., Concerned with.liability if -there was an accident on road. In a deed heed read, it looked as though. he may own to center or possibly other side of Short Road. J® Russell.- Had put up signs at end of.road 11dead -end & private drive” - both had been torn;; down.. Could show receipts where held put �'grave.l at' .end of road, but gravel-: does no- good, just washes away, i E. Spaulding -.Had pictures of,-McGuire property &road &water there.. Pictures taken before & d-ur "ing rainy season, Stated road . very narrow & possibly-dangerous. .n- P, Brellolchs - Wondered where . school bus picked childr-en up, where mail was',',delivered', & if any emergency vehicles come. .up road,. Russell & Spaulding - Said both bus, & mail ;;•were on Bone Plain Rd.. Small four wheel drive - type _:vehicle '.from' fire ,,'company had been up road once, but no large.- or:heavy .equipment; Mrs. Spaulding showed her photos. Board moved into Executive Sessio,ri 8 :45 PM. Public Hearing reopened 9 *940'PUe. Questions; Was clearing of property prior to the first hearing? o J. McGuire Yes, What about the well,. septic field, & placement of trailer? J. McGuire - All after. B,.Keech,- As to when Audrey McGuire-knew it was not a public road, •she signed a statement in 1978 when she was involved in a. hearing .. about maintaining Short Road. Agreement stated Short Road not public road & Town would not be responsible for plowing or maintaining. M. Mal -kind - For the record-, we don't dispute fact that Audrey McGuire knew it was not a public road, we're just saying that knowledgel' was not given to4Mr. McGuire. He did not know that. r 0 40 DECISION SPECIAL HEARING '(J. McGuire) Findings • 1 e o 221)'X7501 • Short •Road �.s not a public road. The lot �is with 225 fronting :..on -a non ®.publi:c .,road. Zs Access to property' -'It's unclear who is.respondible for road maintenance, liability, or., providing access.. We don't even know who owns the road® 30 Property was cleared prior'to "first' hearing. 4. ;Audrey McGuire knew it was not a public road whken:.she Zigne.d a statement.1 in 1978® 150 We're concerned that�the absence of an agreement as to Yho llnt maintain the Lroad & it's not being a public road. This raises great concern. as to the health, safety, and ' "welfar'e or 'it' s residents including the petitioner and his family. LConcern is that of emergency vehicles not being able to travel Short Road. 60 ,Since property wasIa gift, the -appellant had�no monetary ,interest in the property. 7. No hardship. y P. Brellochs - I think,- given the findings, that my conclusion would bethat the overriding concern for public .safety and.. welfare as well as the other .points raised would cause Me to make a motion ''to deny the variance as requested." C Hatfield seconded the motion. B. Keech '.'Is there any discussion?'' NONE. VOTE LaMotte - NO Hatfield NO 'Keech - NO Brellochs NO VARIANCE DENIED® P.'Brellochs made motion to adjourn. Seconded by N. LaMotte. Meeting adjourned 9 *45 PM A complete tape of this-meeting on file in Town Hall vault. Secretar y�