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HomeMy WebLinkAbout1987-09-01TOWN OF DRYDEN ZONING BOARD OF APPEALS • The Zoning Board of Appeals met J. Baker, A. Everett, N. LaMotte, C1 L� and Z.O. H. Slater present. Also K. Garlock, Mr. & Mrs. P. Snyder, R. W. Knapp. REVIEW OF LEGAL PROCEDURES: September 1, 1987 September 1, 1987 w /members P. Brellochs, C. Hatfield, resent; Town Attv. M. Perkins. Sovocool, J. Kingsbury, & Meeting called to order 7:OOPM.i' General discussion & review of questions as per Aug. 26 letter to atty. M. Perkins gave Board members reference sheets on zo'ining procedures. 1. Can a motion be made to grant OR deny a variance? Yes - May reverse order of re a) What if there is Board must make affirmhwholly or partly, or modify r quiremen to no motion made? a decision to either grant, deny, or nullify. 2. Can chairman or acting chairman make a.motion or second? Yes - Presuming Board hasn't adopted other rules. 30. If only 3 members are present at public hearing, must resolution be adopted unanimously to carry? Yes. 4. In the absence of the chairman or designated acting chairman, who is allowed tolchair a public hearing? i Members can appoint temporary chairman. i 50 a) In the absence of recording secretary, should hearing be held? 6. 0 7 . No - unless Board membi b) Who is responsible for The chairman. ,srs keep minutes. I s substitute recording,sec? What is, if any, time limitation for recording sec. to transcribe minutes of the meeting & for chr. or act. chr. to write Notice of Decisione 60 days to process & makeildecision. Should Notice of Decision write up be reviewed & adopted by resolution of Board, same as minutes of meetings? Probably yes. Are occasions where nothing needs to be done. ie; applicant failslto show burden of proof,or doesn't appear for hearing. i - 2 - 8. Who is legally required to write up Notice of Decision • if chr. did not attend public hearing? Acting chairman. a) Could chairman write decision from minutes? Probably. 9. Whose responsi will be presen Chairman - I a hearing, know. bility'is it to ascertain that a quorum t at scheduled public hearings? f someone knows they won't be attending they should call chr. or sec. to let them 10. Does Board have right to reject variance request from being discussed or acted upon in scheduled public hearing if applicant did not comply w /submission requirement? ie;, payment of filing fee or lack of site plan. Yes - As administrative function, you shouldn't begin to hear it until you have jurisdiction over it &.all preliminary steps have been taken. 11. Should minutes of public hearings be reviewed & accepted by resolution at next scheduled meeting? Yes. a) What if that meeting is not scheduled until 60 days later because mtg /public hearing not scheduled after 30 days in absence of variance requests? Suggested hearing be held, Board go back into deliberation, & as soon as possible Board should, deliberate each case';& make preliminary resolutions on decision of findings, then secretary circulate to Board members to refresh memory. -7:30 PM Chairman stated would continue questions at a'later date, and called public hearing to order. HEARING I Public hear erect double wid private road ( #2 • variance to sect uses) of Dryden ing to consider e mobile home or Snyder Heights ion 702.3 (stree Town Zoning Ordi 1 application modular ho Rd) in Town t frontage) nance. of Paul G. Snyder to me & private garage on of Dryden & is requesting & section 701 (allowed - 3 - Chr read memo from Z.O. stating reason for request was no road . frontage. Noted variance had been granted in 1979 for double wide but hadn't been`used. After 1 year, building permit & variance considered abandoned & void. Mr. & Mrs. Snyder & Roger Sovocool present. (Mr. Sovocool rep- resenting maps dating 1961 Snyders) Reminded Board members Snyder Heights Road was privately owned & had been developed by Mr. Snyder's father ordinance against mobile homes execpt in mobile home parks, approx HUD 1944. Snyders are seeking confirmation of original State variance Federal regulations, or granting of new variance! Mr. Snyder has been in bad health hardship. & is on disability. Snyders would like to be on one floor & cannot maintain larger home. Mr. Snyder stated mobile home would cost 2 to 5 thousand dollars less essentially. (Modular would need insulation, interior finishing, extra plumbing where this would already omplete w /mobile home), but is willing to erect modular home. Warren Knapp.- 1143 Ellis Hollow Rd. - Concerned with effect development may have on drainage pattern. Board had copy of Health Dept. report. General discussion & Mr. Knapp looked at maps & sketch presented by Mr. Snyder. Chr. read letter from John Kingsbury to Board - on file. Mr. Kingsbury also present. Public hearing closed. Discussion - Health Dept. approval, proposed lot size 144 x 300 ft, maps dating 1961 before zoning, use of existing driveway, maintenance of road, lot of record, ordinance against mobile homes execpt in mobile home parks, HUD seal, factory manufactured homes, State & Federal regulations, original variance, lack of hardship. M. Perkins reminded Board members the only variance consideration • required was for lack of frontage, that Mr. Snyder had already agreed to•place modular home on property if variance granted. C. Hatfield asked what life of variance was. a 4 - M. Perkins - A variance, once it's given, is permission to do • something that otherwise is'not allowed. Someone comes to Z.'0. and makes out application for building permit. That's the way we determine what you can do & cannot do. If Z.O. denies application, that person has right to appeal decision to Z.B.A. If applicant proves practical difficulty or unnecessary hardship and Board grants variance, that decision replaces Z.O. decision. Board has directed Z.O. to issue building permit. Once permit issued, applicant has 1 year to complete or substantially complete, construction. Z.B.A. decision is same thing as building permit. N. LaMotte - Is there anywhere that is in writing? M. Perkins - Yes - Town Law, section 267. Your own ordinance does that w /proper exercise of lease clause, so projects aren't strung out. Year starts from day after decision. P. Brellochs - Issue tonight really.is should original variance issued be re- established as binding, or should new variance be sought for lack of frontage on public road. I want to point out road is being used by all the people living there by easement & it is owned by Mr. Snyder*. M. Perkins - This being lot of record may answer a lot of questions, you'll have to make findings. Remember, if variance is granted, you are varying requirements minimal amount that will accomplish need. If lot did have road frontage, you could build on it, because no set back variance is required. You'd be further supporting case. Distinguish between hearing and meeting. Hearing is taking evidence in formal custom. Once you close public hearing & go into your deliberation, you can't reopen hearing. N. LaMotte - What wording should be used to go from hearing to deliberation, recess? • M. Perkins - Not recess, because you want to have closure to evidence gathered & get on to next step. You need particular reason to recess ie; 1. Bring someone else in. 2. More evidence. 3. Someone is not present yet. 0 • 5 - If - -you recess it contemplates going to reopening a resolution, public hearing. should recite findings You can't discuss may be a couple anything want to deal with. until you've ended & closed public hearing. N. LaMotte - Should findings be included in motion, or could you merely refer to them? M. Perkins - Minutes will reflect findings, but when someone is going to offer a resolution, the resolution should recite findings because there may be a couple you want to deal with. N. LaMotte - What if you have more questions that come up after you get into discussion phase? Perhaps we want to go out & look at site? What would procedure be? M. Perkins - You have two choices. Table discussion pending on opportunity for Board to personally inspect premises. You've already closed public hearing & you're in deliberative state. Or you could adjourn, announcing decision cannot be reached until. Board can look at property. Adjourn public hearing & it will be readvertised & that will 'give opportunity to do that. Your function here is not to prove applicants case, quite the contrary. You are to uphold integrity of zoning ordinance & act as:slight buffer of strict interpretation where applicant has shown hardship or practical difficulty but NOT otherwise. If any members have been to site, that should be reflected in findings. Board will rely upon that to observation. During public hearing you may mention to applicant that you had been to property & observed whatever, and ask what they have to say. That will be part of minutes. So someone reviewing this will be able to determine what you based your opinion on. If applicant feels you acted on arbitrary or capricious manner or not followed law, he has right to have your decision reviewed by the court. But, he must demonstrate to court what he feels you did wrong. If there is no minutes, or no reason for the way you did something, he'll win. You should start from presumption of validity of ordinance. Your obligation is to uphold ordinance & only vary it the littlest amount required upon demonstration of economic hardship or practical difficulty. If applicant hasn't demonstrated those things, your findings will be- simple, applicant did not offer evidence in support of variance. • 6 - J. Baker - What is definition of economic hardship? M. Perkins - One that is NOT self made or one that could not have been avoided and allows no reasonable return from property by any other means. P. Brellochs - Do we have a motion to either deny or grant variance? N. LaMotte - _Having submitted following findings to Board, I make it inappropriate for chairman to write decision if motion to grant Paul Snyder variance to erect modular home & private meeting? garage at # 2 Snyder Heights Road. Findings; 1) It is lot of record. 2) Lot meets all set back requirements. 3) Lot has Health Dept. approval. 4) Neighbors support variance request (letter on file) 5) One neighbor expressed concern about surface drainage - after discussion Board felt there would not be significant change in drainage pattern. 6) No existing access present. 7) No hardship explained - Mobile verses modular. 8) 50' frontage on roadway belongs to Mr. Snyder. Seconded by C. Hatfield. No discussion. VOTE ALL YES variance GRANTED M. Perkins suggested Board request that all doccumentary evidence (notification to neighbors; sketches, maps, etc.) be copied & in front of all members before hearing to speed deliberation. P. Brellochs - Is it inappropriate for chairman to write decision if he hadn't attended meeting? M. Perkins - I don't think so. • of Board, Basically you.are going by direction • HEARINd II Public heari of Mr. Joseph All residence at 333 variance to secti ng conti ington t Ferguson on 701 o 7 - nued from 8 -3 -87 to consider application o establish Auto Repair Business at his Road in Town of Dryden & is requesting f Town of Dryden Zoning Ordinance. P. Brellochs - Board has always had difficult time w /home business as to what degree it is. Volume of business obviously will make big difference on impact to neighborhood. Ordinance does allow home occupations. We must decide what is & is not home occupation. M. Perkins - This is NOT a home occupation. P. Brellochs - individual who commercial gar • do rather than I'm not trying tc�make case for applicant but an services one-or two cars can't be compared to as age. He'd have to tell us what he was attempting to simply saying "I want to - operate a garage." A. Everett - He did indicate he'd need at least a 5 car lot, would have 2 employees,& business hours would be from 8 - 5 or maybe 7 & work on Sunday if need `arises. M. Perkins - Need to make your findings. Use variance very difficult to establish. Look at definitions section of ordinance book, (home occupations). A Subordinate use of commercial or service nature located on a lot whose primary use is residential & which is NOT detrimental to residential character of said lot. Concept of home occupation is something which is not "obtrusive. P. Brellochs - There is some what of contradiction on home occupation aspect', Some activities such as lawyer consulting w /clients as compared to carpentry & plumbing trades. M. Perkins - I think they're referring to having office in home as opposed to doing the actual carpentry or plumbing work etc. on site. a 8 - . P. Brellochs - In past, similar cases have had some type of hard- ship involved such as medical problems etc. where circumstances warrented personal hardship. C. Hatfield - Can you put stipulations on variance? M. Perkins - Can't put stipulationSthat are personal to applicant. Once variance granted, it goes w /land. You can reverse, affirm (wholly or partly) or may modify order of requirement decision in determi.nation. That's been construed as attaching conditions to member which you've done. Again, You must make findings. Applicant must make showing that he can't get reasonable return from property & that his circumstances are unique to him & not common to whole neighborhood & integrity of ordinance. Remember, you start w /pre- sumption you can't do it. He has burden of proof. Don't hesitate to ask Board members if there is general consensus on findings before you make resolution. . N. LaMotte- Tragic part of procedure is applicants lack of knowledge7? M. Perkins - I think Town Board feels if applicant is made to do their job, the Zoning Board won't have as many hearings & won't have such a fragmented community where you have commercial garages in the middle of residential neighborhoods. You would be preserving integrity of ordinance. I'm not saying there aren't cases where variance should be given, when applicant is able to demonstrate hardship or difficulty. P. Brellochs - Is there a motion? A. Everett - Made motion to deny variance request. Findings: 1)Applicant did not demonstrate inability to realize reasonable return under any uses permitted by zoning ordinance. 2)Based on proposed size & character of business, character of neighborhood would be changed. 3)Applicant failed to demonstrate unique circumstances in respect to this parcel. J. Baker seconded motion. No discussion. • 0 9 - VOTE 4 YES (Everett, from 8 -3 -87 to Baker, Hatfield, LaMotte) 1 Abstention (Brellochs) N.Y. variance DENIED HEARING III Public hearing continued from 8 -3 -87 to consider application of Darla VanOstrand, P.O. Box 37, Brooktondale, N.Y. to erect single family structure at 265 Ringwood Road in Town of Dryden & is requesting variance to section 801.3 of Town of Dryden Ordinance. There would be easement from her father, but no road frontage. VanOstrand requesting to use 2 acres of 16 acre parcel. GENERAL DISCUSSION: C Discussed map present w /further property sa whom & when, aestheti to provide emergency lack of demonstration Hatfield & A. Everett had been to site. ed, underground pipeline, potential situation le, etc, lack of frontage being created by c conditions, & Towns biggest concern w /how care w /long poorly maintained driveways, & of economic hardship. P. Brellochs made motion to table request. Seconded by N. LaMotte. No further discussion. VOTE HEARING IV of w resi vari Public .h m. & Moni dence, 46 ance to s ALL YES earing ca Cut 3 West ection request TABLED continued from 8 -3 -87 to consider application hbert to erect pole barn /garage at their Dryden Road in Town of Dryden & is requesting 804.1 of Town of Dryden Zoning Ordinance. GENERAL DISCUSSION: Location of property, locations for garage, property dimensions, significant economic hardships. driveway, alternative possibilities of fill & A. Everett made motion to deny variance request. Findings: 1)Information in Zoning Ordinance that deals w /sec. 804 - Yards & landscaping - provides for reduction of side yard fronting road by 25 /. • • • - 10 - 2)Topographical conditions were man made hardship. 3)Applicant did not prove substantial economic hardship. Seconded by J. Baker. No further discussion. VOTE 3 YES (Everett, Baker, Hatfield) 1 NO (LaMotte) 1 Abstention (Brellochs) A. Everett made motion to adjourn. VOTE ALL YES variance DENIED Seconded by J. Baker. Meeting Adjourned 12 :03 A.M. Secretary,