HomeMy WebLinkAbout1987-06-16II
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�h TOWN OF DRYDEN June 16, 1987
ZONING BOARD OF APPEALS
•Zoning Board of Appeals met June 16, 1987 for special hearing w /members
C. Hatfield, A. Everett, N. LaMotte, & Z.O: H. Slater present. Absent: Chr.
P. Brellochs & J. Baker. Also present: T. & Be Clark, A. Heidt, L. Bush,
P. Loeven, T. & R. Kaseman, D.' Clark, M. & „E. Cole, E. Ziercher, & R. Blakely.
Meeting called to order 7:40 by acting Chre C. Hatfield.
HEARING I
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Public hearing to consider application of Clark Enterprises to erect
food storage wholesale warehouse at or about 165 Cortland Rd in Town of
Dryden & is requesting variance to section'801 of Town of Dryden Zoning Orindance.
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T. & Be Clark present - Had stated in application this was only feasible vacant
lot located on major highway w /adequate visibility for safe truck entry & exit
in Town of Dryden. Structure would not be °out of place w /other structures in
area (ie. Body shop, Furniture sales, Basket shop, & Fruit stand).
M. & E. Cole -:195 Cortland Rd - stated they had no objections to proposal.
Z._"0. has had phone calls from D. Argyle -!143 Cortland Rd & Mrs. Stafford -
176 Cortland Rd - stating theyfhad no objections to proposal either.
General discussion: Plans for remaining acres (none at present); Agreement
between Clarks & Frito -Lay, Type of building (single story pole & metal); approx.
numbers of trucks (route trucks daily - tractor trailers twice weekly).
Hearing closed.
HEARING II
Public hearing to consider application of Albert Heidt of 17 South St to
obtain enlargement on existing variance for his property at 160 South St,Dryden,
(Z.O. pointed out error in public notice - 'read 17 instead of 160 South St) &
is requesting variance to sections 701 & 1701 of the Town of Dryden Zoning
Ordinance.
C. Hatfield read application stating Mr. Heidt had been leasing facility to
Pepperidge Farm for 8 years w /variance. Lease up now & before renewing it,
Pepperidge Farm would like additional storage space (from 4 of building -400 sq
ft to z of building - 800 sq ft) which could be accomplished by removing one
interior wall. There would be no exteriorchanges.
A. Heidt present - Explained reasons for desire to enlarge storage space &
change original variance. Stated he'd had'no complaints about noise or traffic
and Pepperidge Farm had been very good tenant. Also said non - transferable
variance would prevent continued tenancy by Pepperidge Farm in event he sold
property.
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Lengthy general discussion: Z. 0. gave Board members copies of petition
he'd received from area residents expressing negative opinions. for request
for enlargement on existing variance. Reasons for their proposed denial of
request:
1. Residential area 4. Aesthetics
2. Property values 5. Noise
39 Resale potential Copy of petition on file.
L. Bush - 162 South St Ext - Comments & concerns;
l.Additional space would create additional truck traffic.
2.Granting transfer of variance may set precedent.
3.Signatures on petition represent 100% current area residents w /two
exceptions.
4.Although petition stressed resale & "property values, residents also
concerned w /present life style & affect of new owner of warehouse.
5.Warehouse in need of paint & landscaping.
P. Loeven - 164 South St Ext - Comments & concerns;
1.Board must have had reason for non- transferable condition in 1979
original variance.
2.Lack of compliance w /original variance - (truck engines not shut off
during loading & unloading).
3.In process of restoring their home & feel warehouse detracts.
4.Fails to see benefit of warehouse to community as compared to homes.
T. & R. Kaseman - 1 Bridle Lane - Commentsll& .concerns;
1.Object to excessive noise at all hours of night (truck engines running &
slamming doors).
• 2.Traffic safety especially in winter.
3.Change in area - becoming more & more residential.
4.May not have heard complaints before, but w /request for change in
variance, now is opportunity to voice concerns & objections.
E. Ziercher - X155 Harford Rd - Questions &',~concerns;
l.What zone is that area in?
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2.Is variance running out?
3. This area is becoming very residential.
4.There is excessive noise at late hours when trucks are loading & unloading.
R. Blakely - Union St - Comments
1. Had visited Loeven home. Felt they making considerable attem p t to
improve community by restoring home.
2.Restoration tremendously expensive undertaking.
D. Clark - 145 Harford Rd - Comments
l.In favor of proposal.
2.No objections.
3.Lived in area before structure was built & still lives close.
4. Since no exterior changes are being made & no increase in traffic, fails
to see concern.
B. Clark stated he felt Dryden needed more available commercial property.
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Z.O. H. Slater stated area was zoned RB (rural residential); ex p lamed:: that
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variance was not running out - lease was up for renewal; had consulted Town
• Attorney about transferability of variance,,
1. Variance can be transfered as long'las type of storage function.-or
distributor doesn't change.
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Petitioners felt transferability issue ambiguous.
Hearing closed.
BOARD MOVED INTO EXECUTIVE SESSION 8:40 PM.
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ALL HEARINGS REOPENED 9:15 PM.
DECISIONS:
HEARING I ( Clark ) ij
A. Everett motion to grant variance as requested. Seconded by N. LaMotte. No
discussion.
VOTE ALL YES variance GRANTED
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HEARING II ( Heidt )
A. Everett motion to grant variance w /stipulations:
1.
2.
Applicant must request legal interpretation of non - transferable and
transferable stipulation in original variance.
More enforcement of original variance stipulations le,
a. Truck engines must be turned off while loading & unloading
(gasoline engines at all times & diesel engines as seasonably
permitable).
3. Must provide landscaped buffer.
4. Must make effort to reduce noise at night.
Seconded by N. LaMotte. No discussion.
VOTE ALL YES variance GRANTED w /stipulations
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MEETING ADJOURNED 9.30 PM.
Secretary,
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TOWN OF DRYDEN June 2, 1987
ZONING BOARD OF APPEALS
Zoning Board of Appeals met June 2, 1987 w /members
• J. Baker, A. Everett, N. LaMotte, &I Z.O. H. Slater present.
Absent: Chr. P. Brellochs & C. Hatfield. Also present:
M & G. Burlingame, J. Russell, T. & °,B. Clark, & A.Heidt.
Meeting called to order 7:35 PM by !1J. Baker.
HEARING I
Public hearing to consider application of Merrick &
Geoyette Burlingame to erect a 16' x 24' (1) car garage at
their residence, 585 Midline Rd. in!'the Town of Dryden & is
requesting variance to section 804 Of Town of Dryden Zoning
Ordinance.
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Mr. & Mrs. Burlingame present - presented photos & sketch -
Board questioned location of buildings on adjacent properties,
(they are apro,x. 100' minimum from property line.) Burlingames
described topography & explained why this was only feasible
location for garage. (woods, steepigrade, ditch, run -off etc.)
Hearing closed.
HEARING II
Public hearing to consider application of James W. Russell
to erect a 20' x 20' pole barn structure at his residence off
473 Bone Plain Rd. & is requesting ,variance to section 803 of
Town of Dryden Zoning Ordinance.
J. Russell present - Stated he has no road frontage on Bone
Plain Rd. Had variance granted in 1980 to place mobile home
on same property - (Actually on Short Rd. which is not a public
road.)
General discussion: Intends to use structure for cover for
two tractors & rebuilding engines. (Would prefer to do this
inside) Doesn't plan to have commercial business at this time.
Will use existing driveway. Has purchased adjoining property
in back, but has not had deed changed over to his name yet.
Will have underground electric facilities, no water.
Hearing closed.
Mr. A. Heidt present - Wondered if he could have public hearing
& what chances were to have variance granted in 1979 changed._
Property located at 17 South St, Dryden, south of village.
Original variance allowed him to lease his warehouse facility
(in RB zone), to Pepperidge Farm for storage. They have been very
good tenants but lease is up. Variance was limited to 400 sq.
feet (4 of building), and is "non- transferable: Would like to
continue leasing to them but is planning.on selling property,
• so would like to have variance changed to "transferable & enlarge
area to 800 sq. ft. of building.
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Tom & Brian Clark also present - They would also like a
• public hearing before next regularly scheduled meeting. They
have opportunity to put up a warehouse type structure in
conjunction w /Frito -Lay Co. on router 13 North of TC 3, which is
not in MA zone. Not feasible to purchase land in MA zone in
Village near Paul's Food Mart & develop there.
BOARD MOVED INTO EXECUTIVE SESSION.'
ALL HEARINGS REOPENED 8:45 PM.
DECISIONS:
HEARING I (Burlingame)
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A. Everett motion to grant variance as requested_.
N. LaMotte.
VOTE
HEARING II
ALL YES
(Russell)
variance
Seconded by
GRANTED
N. LaMotte motion
1. Applicant
to grant
must
variance'''w
either
provide
/stipulation:
proof of
transfer of
property
(deed
being
recorded
in court
house) OR
must move
building
25'
feet away from
property line
before Z.O.
can
issue
permit.
Seconded by A. Everett.
VOTE
MEETING ADJOURNED
11
ALL YES
9 :00 PM.
variance GRANTED
w /stipulation
Secretary,
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TOWN OF DRYDEN May 5, 1987
ZONING BOARD OF APPEALS
• Zoning Board of Appeals met May 5, 1987 w /members J. Baker,
A. Everett, C. Hatfield, Chr. P. Brellochs, N. LaMotte, Z.O.
H. Slater present. Also present, J('. Rankin, G. Peterson,
M. Stevens, A. Toman, Mr. & Mrs. C.IStevens, & Ms. Davidson.
HEARING I
Public hearing to consider application of Donald Feint of
66 Gee Hill Rd in Town of Dryden t6''convert 24' x 24' section
of 24' x 36' house gutted by fire to a two (2) car garage & is
requesting a variance to Sec. 1704 of the Town of Dryden
Zoning Ordinance.
No -one present to represent D. Feint. No -one present to speak
either for or against variance application. Board reviewed &
discussed sketch & application.
• General discussion about location of,loriginal structure, whether
or not reconstruction would be nearer to road than existing or
pre- existing structure, 10' set back, & feasibility of
relocation. Z. 0. stated reason for application was original
structure was built before zoning & consequently reconstruction
would be too close to road & one.(ll) year time limit to rebuild
had expired. (House burned 2 yearsjlago.)
Hearing closed.
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HEARING II
Public hearing to consider application of Joseph E. Rankin
to erect single family home at aFprox. 150 Beam Hill Rd. in Town
of Dryden & is requesting variance to Sec. 702 of Town of Dryden
Zoning Ordinance.
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J. Rankin & G. Peterson present - p ,1resented detailed maps,
& large sketch & gave explanation olf their reasoning to build
two (2) homes placed one behind the 'other. It would be im=
possible to have 125' frontage for each parcel. Requesting
permission to establish 30' frontage to assure permanent access
to back parcel. Stated why other alternatives would not be
feasible, due to topography. Z.O. explained attachment to
original application as being further clarification requesting
permission to establish a r -o -w with no less than 30' of road
frontage. He had spoken to Mrs. L.�,,Wilcox (neighbor) who was
in favor of granting variance. Shefelt this would increase
her property value.
General discussion: drainage, culverts, r -o -w, contours, pond,
surface water, fill, soil types, 600' of driveway, & total
acreage of 9 acres.
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Hearing closed.
HEARING III
III
Public hearing to consider application of Mark Stevens to
erect a business sign at 1321 Dryden Rd in Town of Dryden & is
requesting variance to Sec. 1506 of`,Town of Dryden Zoning Ordinance.
M. Stevens
vens & A. Toman present (representative Dean Fowler Oil) -
Mr. Toman presented detailed set of! plans.
Lengthy discussion - Sunoco had crane on location to determine
best height for visibility of sign. They felt 50' gave 2 mile
visibility. Also discussed additional signs on island (2 sided),
signs on building, & illumination, operating hours and days of
operation (6:00 AM to 11 :00 PM 7 days per week) Z.O. stated
project was part of SPR and Town Board was currently working
w /Mr. Stevens.
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Board
members
also
questioned
traffic
flow; Recent
meeting
w /DOT,
NYSEG,
State
Police,
K.
Till
apaugh, & C. Cotterill
about
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intersection
&
traffic
flow.
DOT
stated this intersection
was
only @
15% of
its'
capability
even
C peak traffic flow)
Hearing closed.
HEARING IV
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Public hearing to consider application of Charles Stevens to
reduce amount of parking area required for Stevens Heritage
proposed furniture gallery to be located at 2085 Dryden Rd. in
Town of Dryden & is requesting variance to section 1401 of Town
of Dryden Zoning Ordinance.
Mr. & Mrs. Stevens present - resented site plans & sketches of
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proposed building & parking area - figured 3 to 4 cars C any one
time in furniture business would be average. Explained that their
• own vehicles would be parked in barn & employee vehicles would be
on opposite side of house. There would also be handicaped parking.
All trucking takes place C Cortlandlstore & any trucking necessary
from this site would be picking up a piece of furniture for
delivery. Z.O. stated code required 2' of parking space for every
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1' of floor space.
General discussion: Addition to existing building, fire exits,
fire walls, bathroom, showroom floor, set back, acreage (16 acres)
landscaping, & type of parking (crusher -run)
Hearing closed.
HEARING V
Public hearing to consider application of David Osovski to
build dwelling units on Snyder Hill'!Rd. in Town of Dryden & is
• requesting variance to section 702 of Town of Dryden Zoning
Ordinance.
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Ms. Davidson present representing D. Osovski - present.ed
• site plan - only has 56.3' of road 'frontage, however considerable
amount of land deeper. Stated w /current zoning laws 7 units
could be built but they are only proposing 5 units which
would not exceed density requirements. (3 duplex units & 2
single family dwellings) Proposed (driveway 16 to 20 ft. wide.
General discussion: Board questioned subdivision, but that
option open to owner & they're not interested in =-that C this
time. No public water or sewer available - questioned whether
or not there was ample room for septic systems.
Hearing closed.
HEARING VI
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Several Board members had met at!site Apr. 28 to discuss
concerns from previous hearing Apr.7. Sketch Mr. Dedrick
• provided indicated only one (1) wagon instead of original seven
(7) wagons, but during site visit, Dedrick uncertain about
number of wagons 4e would need in addition to proposed building.
General discussion; number of wagons, size of wagons, parking
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spaces, use of greenhouse, & set back.
Hearing closed.
BOARD MOVED INTO N EXECUTIVE SESSION ';'19:35 PM.
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ALL HEARINGS REOPENED 10:45 PM.
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DECISIONS:
• HEARING I (Feint)
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N. LaMotte
motion
to superstructure.
Seconded by J. Baker.
to
grant
variance
w /stipulation:
1. Alteration
of
this
structure
must
not
extend
closer to
road than current buildi °ng.,
, Seconded by A. Everett.
VOTE ALL YES
HEARING II (Rankin)
No discussion.
C. Hatfield motion to grant variance as proposed.
A. Everett. No discussion.
VOTE 4 YES (Hatfield, Everett,
1 Abstention (Baker)
HEARING III (M. Stevens)
variance GRANTED
w /stipulation
Seconded
Brellochs, LaMotte)
variance GRANTED
A. Everett motion to deny variance for 60' sign & requested consider-
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ation of sign aprox. 25' instead byl' applicant. Seconded by
C. Hatfield. Discussion; Motion should be to either deny or
grant w /stipulation for specific limitations, but should not deny
and offer substitute solution.
VOTE 2 YES (Everett & Hatfield)
2 NO (LaMotte & Baker)
1 Abstention ( Brellochs)
A. Everett motion to grant variance w /stipulation•:
1. Sign must be no greater than 25' high, w /actual sign
P,
proportionate
to superstructure.
Seconded by J. Baker.
No further
discussion.
VOTE ALL YES
variance GRANTED
w /stipulation
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HEARING IV (C. Stevens)
J. Baker motion to grant variance w /stipulation:
1. Number of customer parking spaces be increased from
6 to 10. Seconded by N. LaMotte. No discussion.
VOTE ALL YES variance GRANTED
w /stipulation
HEARING V (Osovski)
A. Everett motion to deny variance.
discussion.
VOTE
HEARING VI
ALL YES
(Dedrick cont.
from Apr.
Seconded by N. LaMotte. No
7,1987)
variance DENIED
C. Hatfield motion to grant variance request of April 22 w /stipulations:
1. Must use sketch proposal of'April 22nd, asking for 30'
set back of new building on!,North Rd.
2. Allow one (1) 9' x 50' wagon.
3. Must maintain 33 parking spaces.
4. Must erect 24' x 53' Morton building as proposed.
Seconded by P. Brellochs. No further discussion.
VOTE 3 YES (Hatfield, Brellochs, LaMotte)
2 NO (Baker & Everett) variance GRANTED
w /stipulations
MEETING ADJOURNED 11 :55 PM.
Secretary,