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HomeMy WebLinkAbout1987-10-06is TOWN OF DRYDEN ZONING BOARD OF APPEALS Zoning Board of Appeals met on October 6, October 6, 1987 1987 w /members N. LaMotte, J. Baker, C. Hatfield, Welch Jr Chr, P. Brellochs, & Z. 0. H. Slater present. second residence Absent: A. Everett. mobile home, & is Also present: C. L'Ameaux, C. Cotterill, & K. Welch. HEARING I Public rehearing to consider application of Kenneth R. Welch Jr of 2215 Dryden Road in Town of Dryden to establish second residence in form of mobile home, & is requesting a variance to resolution 178, 1986 to Sec. 801 item 13 of Town of Dryden Zoning Ordinance. P. Brellochs - You may be aware this case was heard 2 months ago & Board took public testimony at public hearing according to law. Decision was to grant variance, three members voting in favor & two members voting against granting the appeal. Town of Dryden challenged decision in State Supreme Court. Presiding Judge, Honorable Mr. Bryant has heard case briefly, however, found he lacked information he needed to render decision. He remanded request back to ZBA to provide findings in case so he could rule on that particular case. Tonight, we public record as to provide those Board for motion this case & share what findings are ask Board for mot and personal know will re -estab well as famil findings to j & hopefully a w /public in With that a ion to accept ledge of that lish those findings based.-on iarity by ZBA members w /case & udge as.requested. I'll ask second to accept findings in discussion portion of motion, s general explanation, I'd like to findings based on public records case. N. LaMotte - Motion to accept findings. Seconded by J. Baker. • Discussion. P. Brellochs read findings as per attached pages. We're offering this in support of decision made 2 months ago. Is there any further comments for review? Hearing none will secretary play back the resolution from tonights tape? 2 - • Secretary played back the motion portion of tape. P. Brellochs - You've heard passage from recording of minutes of this meeting. Is there any further discussion or comments? Hearing none, I would ask for a vote. VOTE ALL YES (LaMotte, Baker, Hatfield, Brellochs) Board accepted findings as stated. Expect to forward findings to court for.disposition of case. Thank you for you patience w /lengthy findings. Hearing closed. HEARING II • Public hearing to consider application of Albert Edmonson to temporarily store 10x40 mobile home on his property at 40 Lower Creek'Rd, Etna in Town of Dryden & is requesting variance to resolution 178, 1986 to section 751 item 9 of Town of Dryden Zoning Ordinance. Richard & Albert Edmonson pr he'd agreed to purchase lot time until paper work, getti moving contractor, then trai esent - Richard Edmonson stated in Mecklenburg & was only matter of ng abstract, & setting a date with ler would be moved to that lot. P. Brellochs - Let me ask Z.O., What is time reference for permission you granted on behalf of Town to temporarily allow trailer to be stored, which was also validated by previous application by applicant? H. Slater.- Upon receivi Edmonson, I we would not until such t Ori ng bel do ime ginal refere request for ieve we got anything re as this var nce time was midnight, Sept. 18. review temporary variance for Mr. in contact w /M. Perkins & determined lative to forceful removal of trailer lance request had been heard. • We're only i Edmonson had defi think it would be date as new deadl nterested in nil te time fr in best int ine & work i 3 - compliance w /ordinance. If Mr. ame to remove mobile home, I erest of Town that we take that t out w /Mr. Edmonson. P. Brellochs - Mr. Edmonson, what is time frame you're considering to move or relocate trailer? R. Edmonson - Papers should be signed this week & I don't know when mover can move trailer. Probably around end of month. S. Lipinski - 16 Lower Creek Rd. Stated he was neighbor affected by trailer in present position. Had no objection to proposal, but was concerned deadlines would not be met for removal. (As per prior dates for removal not kept.) Felt another 4 -6 weeks should be sufficient time for removal. He submitted pictures he'd taken of trailer and surrounding homes • to include in public record. R. Lampila - Town of Dryden resident - Shared Mr. Lipinski's concerns, although he never drives past this particular site. He felt variances or temporary variances for storage of trailers should not be granted. P. Brellochs - Read letter from S. &. K. Parsons against granting variance. (Letter on file). N. LaMotte asked Z.O. what would happen if Board didn't act, & what was present status? H. Sla served remove situat • establ Felt a ter - St & sheri d. Town ion. If ished to written ated f f wo Court vari take copy Hearing closed. if variance denied, summons would need to be uld be called for removal of trailer. If not would be retained to make satisfactory ance granted, probably deadline would be care of concerns of residents raising issues, of purchase offer may have been helpful. - 4 - . HEARING III Public hearing to consider application of George & Kathleen Hoagland of 10 Freese Road, Lot #6 in Town of Dryden to erect wood deck closer than 15 ft to their side lot line & are requesting variance to section 804.2 of Town of Dryden Zoning Ordinance. G. & K. Hoagland present - Read letter he'd written in his behalf into record. (on file) Explained location of trailer on lot and why it had to be there to allow room for other mobile homes in park tobmoved. Mobile home is in conformance w /set back requirements. Described why variance was needed for any addition, even steps from back door. He has done extensive landscaping & felt deck would enhance beauty & function of their home in addition to increasing property value. • P. Brellochs- Read letter from Hoagland to Z.O. & also letter from Phelan (neighbor, temporarily in Fla..) opposing request.(onfile) Z.O. stated he'd received phone call from.Phelan this evening stating they had no objection to deck that would come within 10 ft of property line. Phelan felt they were within 5 ft of coming to an agreement. P. Brellochs asked Z.O. if he considered a deck (not covered) a building by definition. H. Slater felt it was structure & therefore must be in conpliance. Hearing closed. • • CI 5 - HEARING IV Public hearing to consider application of Darla VanOstrand of P.O. Box 37, Brooktondale, N.Y. to erect single family structure at 265 Ringwood Rd. in Town of Dryden & is requesting point for them. They are presently living variance to sec. 801.3 of Dryden Town Zoning Ordinance. P. Brellochs - Stated this was continuance of hearing started in August & September. D. VanOstrand & her father present - Stated she worked in Board had 3 cases tonight Cortland & her husband worked was in Ithaca. This property her of deliberation father had given them was halfway point for them. They are presently living in trailer & would like to build a house. Father owns 16 acres and is giving them 2 acres, title will be in their names. Would extend r -o -w and use of his driveway to daughter's 2 acres. Didn't bring survey map this evening. Used Health Dept. map showing 137 ft frontage on road. Father described layout of land, pond, wet area, and present driveway location. Hearing closed. P. Brellochs - Stated Board had 3 cases tonight because Welch case was not technically a hearing, only continuance of deliberation and list of findings did not need any further discussion. HEARING. II (Edmonson) C. Hatfield made motion to grant Mr. Edmonson variance request for 3 week period as of todays date, to move trailer. Seconded by N. LaMotte. No discussion. VOTE 3 YES (Hatfield,LaMotte,Brellochs) 1 NO (Baker) variance GRANTED 0 0 6 - HEARING III (Hoagland) 4 J. Baker made motion to deny variance. Findings: 1) C. Hatfield had been to site. 2) Applicant didn't prove practical difficulty or unnecessary hardship. Seconded by P. Brellochs. VOTE 3- YES 1 NO HEARING IV (VanOstrand) No discussion. (Baker,Brellochs,Hatfield) (LaMotte) variance DENIED J. Baker made motion to deny variance. Findings: 1) Applicant didn't prove practical difficulty or unnecessary hardship. Seconded b VOTE P. Brellochs. ALL YES No discussion. variance DENIED Chr. Brellochs requested motion to move into Exec. Session for personnel matters. 0 C. Hatfield made motion to move into Exec. Session for personnel_ matters. Seconded by N. LaMotte. Discussion: Mike Middlestadt from Cortland Standard stated he felt reason for' Exec. Session not sufficient & nature of matter should be disclosed. P. Brellochs stated he was not that familiar w /parli- mentary procedure, but w /his experiences he felt Board was within their rights. VOTE ALL YES Bd. moved into Ex.Sess. 10:15 P.M. Board moved back into open session. 0 N. LaMotte made motion to adjourn. Seconded by C. Hatfield. Meeting adjourned 10 :17 PM Secretary, d7 �� • 1 47 TOWN OF DRYDEN . DRYDEN, NEW YORK R 0, BOX 516 65 EAST MAIN STREET, DRYDEN, NEW YORK 13053 607 -844 -9120 In the Heart of the Finger Lakes Region ZONING OFFICE TOWN OF DRYDEN ZONING BOARD OF APPEALS In The Matter of: The Appeal of Kenneth Welch Board's Findings This matter was considered by the Board at its regularly scheduled meet- ing held on July 7, 1987, and the appeal was granted by an affirmative vote of three in favor and two against. Thereafter, pursuant to an Article 78 proceed- ing brought by the Town of Dryden, on August 24, 1987, the matter was heard by the Honorable Frederick B. Bryant, Supreme Court Judge in and for the County of Tompkins, and remanded to this Board for findings in support of its decision. The Zoning Board of Appeals met on October 6, 1987, with members C. Hatfield, A. LaMotte, J. Baker, & P. Brellochs present. The Board adopted by unanimous vote the following findings in support of its decision to grant the appeal by Kenneth Welch: 0 Applicable Ordinances The Board notes ,that it acts pursuant to Dryden Town Ordinance Sections 1900 and 1901 which read as follows: SECTION 1900. POWERS AND DUTIES. The Zoning Board of Appeals shall have all the power and duties prescribed by law and by this Ordinance. SECTION 1901. GRIEVANCES AND VARIANCES. Any person aggrieved by any decision or determination of the Zoning Enforcement Officer may appeal to the Zoning Board of Appeals. The Board shall hear and decide all matters referred to it or upon which it is required to pass, in accordance with the provisions of this Ordinance. The Board shall have the authority to grant variances from, and to modify any of the provisions and regulations of this Ordinance. In considering an appeal the Board shall be guided by the circumstances of the situation and the intent of the applicant, and shall act so as to protect the best interests,of the community. The Board also notes that Dryden Town Ordinance Section 1700 and 1703 provide: SECTION 1700. CONTINUANCE. Except as 'otherwise provided in this Article, the lawful use of any buildings or land existing at the date of adoption of this Ordinance may be continued even though such use does not conform to the provisions for the district in which such land is located. The right to continue a nonconforming use, subject to the provisions of this Article, remains with the land when title is transferred. • .,, ZONING OFFICE TOWN OF DRYDEN • DRYDEN, NEW YORK R 0, BOX 516 65 EAST MAIN STREET, DRYDEN, NEW YORK 13053 607 -844 -9120 In the Heart of the Finger Lakes Region -2- SECTION 1703. Discontinuance. Whenever a nonconforming use has been discontinued for a period of 12 consecutive months (from a beginning date to be determined by the Zoning Enforcement Officer), such nonconforming building or use shall not be re- established, except by a variance granted by the Zoning Board of Appeals and any subsequent use of such building shall be in conformity with the provisions of this Ordinance for the district in which such build- ing or land is located. The Board further notes that in November 1986, the Town of Dryden passed a Mobile Home Ordinance which repealed provisions of several town ordinances and, in effect, prohibited the establishment of new mobile home sites except in mobile home parks serviced by town water and sewer services Findings of Fact The Board has reviewed the record of the proceedings on July 7, 1987 and makes the following findings: In early 1987, Kenneth Welch and his family sold their financially un- Orccessful dairy farm in the town of Dryden and purchased a mobile home with e intention of placing the mobile home in Watertown, New York, where Welch thought he had secured steady employment. When the anticipated employment did not materialize, Welch moved his family to the Conger Trailer Park and began a search for a suitable lot in the Dryden neighborhood. Welch was unaware of the 1986 Mobile Home Ordinance. He wished to locate his mobile home in Dryden to avoid changing his children's schools and to be available to pursue the employ- ment contacts he retained as a 17 year resident of the Dryden area. Since he had already purchased the mobile home, time was of the essence.. Additionally, Welch's children were physically abused by other children in the Conger Trailer Park and the family was desperate to move to a less congested situation. Welch was financially distressed by lack of steady employment and could not afford to store and attempt to resell the mobile. It had become his family's only residence. In June of 1987, Welch entered into a land sale contract agreeing to pur -. chase the disputed property, 2215 Dryden Road, located in an R -D zone on Route 13 in the Town of Dryden. At the time Welch contracted to purchase the property, there was an existing residence in distressed condition and behind that, a complete mobile home footing, including independent septic system, electrical service and well. The house was uninhabitable, unsafe and a blight.on the neighborhood. Two nearby lots also had and presently have mobile homes in place. Welch and his wife cleared the lot and are repairing and cleaning the dwelling. In the mean time, they applied for a permit to place their mobile home on the existing footing on their lot. The property purchased by Kenneth Welch, although improved to accept a Obile home, did not have a mobile home in place at the time Welch purchased it. -> ZONING OFFICE TOWN OF DRYDEN . DRYDEN, NEW YORK P. O. BOX 516 65 EAST MAIN STREET, DRYDEN, NEW YORK 13053 607- 844 -9120 In the Heart of the Finger Lakes Region -3- The site had been used for a mobile home in the recent past, but the Board is unable to determine from the evidence before it when, precisely, the site last had a mobile home in place. At the time Welch purchased it, the lot had a foot- ing, septic system, well and electrical hook ups in place and was fully operational for use as a mobile home site both before and after the 1986 mobile home prohibition. The lot had been continuously taxed to reflect these improvements. Circumstances of the Situation and Intent of the Applicant. The Board finds that the lot purchased by Kenneth Welch is located in a rural and agricultural area of Route 13 and that, before Welch had purchased it, the site .had become run down and overgrown. There had been a mobile home on the lot in the recent past and there are still mobile homes situated on nearby lots. Further, the Board finds credible Welch's testimony that he was unaware of the new mobile home prohibition in our Town Ordinances and that he was financially distressed by his changing employment fortunes. The Board finds that there will be severe financial and personal hardship for Mr. Welch and his family if we deny his request. The Board finds credible Welch's testimony that he needs to live in Dryden in order to provide for his family. He has lived in Dryden for 17 years and has the ability to earn a livelihood in our community. We find credible Welch's testimony that two of 4Ris children were attacked in the town approved trailer park, Conger Park, and that e was desperate for a place to locate his family. We also find credible Welch's testimony that if we deny his appeal, Welch will be financially devastated and will literally "have no place to go." We find that these and similar facts, asserted by Welch without contradiction, are sufficient to establish that Mr. Welch and his family represent a unique hardship situation. We find personal as well as the financial hardship presented by Mr. Welch's appeal and we find that neither hardship was of Mr. Welch's own creation. The Board is unable to place a precise dollar value on this hardship, however, we find that a decision adverse to Mr. Welch could precipitate his financial ruin. The Best Interests of the Community. The Board exists for the purpose of exempting individuals from a too rigid application of the Town Ordinances while protecting the best interests of the community. Included in our enabling ordinance, Section 1901, is the power to modify the zoning ordinances of the Town of Dryden in appropriate circumstances. Among the facts considered by us in granting the Welch Appeal are the positive steps Mr. & Mrs. Welch have made in improving the visual appearance of the lot they purchased. Before they purchased the lot, the residence was in a state of dis- repair and the grounds were overgrown and strewn with trash. The Welch family's mobile home is new, its appearance modern. Welch and his wife have already established a lawn and cleared out many truck loads of trash and debris. The existing residence is being returned to a habitable and repaired status. We also note that Mr. Welch and his family are long time residents of Dryden and that Mr. elch followed lawful and proper channels in seeking to place his mobile home. We lso find that Mr. Welch's situation is unique because of the existing mobile home 0 -r ZONING OFFICE TOWN OF DRYDEN • DRYDEN, NEW YORK P, O. BOX 516 65 EAST MAIN STREET, DRYDEN, NEW YORK 13053 607 - 844 -9120 In the Heart-of the Finger Lakes Region -4- utilities on the site he purchased. Henry Slater, the town zoning officer, testified that Welch's situation was unique and that he was unaware of any similar site in Dryden. For these reasons, we find that granting this appeal is in the best interests of the community we serve. Conclusions of Law We find that the Mobile Home Ordinance of 1986 does not apply to this situation because the mobile home use of Appellant's lot was pre- existing and continuous under Section 1700 of the Dryden Town Ordinances. We find this appeal appropriate for the exercise of our powers under Sections 1900 and 1901 of the Dryden Town Ordinances. 0 11 The Appeal of Kenneth Welch is hereby GRANTED. Peter Brellochs, Chairman Charles Hatfield, Member Alan LaMotte, Member John Baker, Member