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HomeMy WebLinkAbout1988-09-06It PRESENT: ABSENT: ALSO PRESENT: Board of"FLoningJ_ppeal Tuesday, September „6, 1988 Francis DiTommaso, Baker, presiding Dominic Bordonaro Cheryl L'Amoreaux Ann Everett, Alan LaMotte, John J. Baker called the meeting to order at 7:45 pm. 1. PUBLIC HEARING - Richard and Barabara Guttridge (leave gutted mobile home on property) A public hearing to consider the application submitted by Richard and Barbara Guttridge to place a gutted mobile home out of public site at their 968 Snyder Hill Road residence. This is a violation of section 701 of the Dryden Town Zoning Ordinances, Chairman Baker pointed out that a variance was granted in 1984 to use this mobile home as living quarters until.the Guttridge's could built and move into their current home. That variance was limited to two years and extended for an additional two years which recently expired. In December of 1986 we moved out of a 19168 Ridgecraft mobile home and into our house. The house was unfinished so we set up the mobile home as a work area. This mobile home was for short term living and the inside conducive as a workshop. The mobile home is for sale at $500.00 as we intended to build a shed for materials but realized it would cost as much or more to build a 12 x 16 shed than in converting the trailer to a storage shed. The trailer would be'in the middle of a 3 -acre forest. Not visible to any current or future neighbor, nor our home. We feel we are fulfilling the requirement of no change in character of our area. In fact, intend to side the shed with board and batten, put on a gable roof and wooden lattice skirting. When finished the building will not resemble a mobile home,,. We have carpentry experience and quality is foremost. Our time plan is as follows: No later than October 31 grade the site and drive access; grade the spruce woods; level and move the shed structure and install per building code. No later than June 30, 1989 install the gable roof per code. No later than December 31, 1989 intall the board and batten siding and skirting. In summary, the pro and cons of the situation are as follows: Practical Difficulties: 1) The mobile home is structurally sound but comestically poor and therefore will be 'difficult to sell as anything other than a storage shed workshop to someone who's zoning would allow it. 2) Selling price is at $500.00. This would not cover the cost to build a smaller storage shed. 3) In selling the mobile home and building the shed we will still have left with the cost of grading a leveler place for the shed, purchasing materials for the shed and investing hours of labor. 4) The on -going project of finishing out our house has made it extremely difficult should we have to set up work space inside the house. With a conversion we get a separate work space for the messier part of each project. �A Richard Guttridge reported that they own the property the trailer will sit on. The inside of the mobile home has old - fashion panelling. The ceiling is water stained. There is no running water or electric. We would like to have electric in the shed but no water. I will have invested in the shed when completed about $1800 -2200 tops. J. Baker - If there are no further Page 2 The practical gains: 1) In the process of moving this mobile home structure would take care of the final grading of the upper part of our driveway as well as some of the grading around the house that we built. 2) In converting the mobile home structure we save the expense and labor of the initial framing of the building as well as the windows and doors. 3> Converting the mobile home structure we get a larger space for less money. 4> In doing the conversion project in several steps we are able to do the project out of pocket. Richard Guttridge reported that they own the property the trailer will sit on. The inside of the mobile home has old - fashion panelling. The ceiling is water stained. There is no running water or electric. We would like to have electric in the shed but no water. I will have invested in the shed when completed about $1800 -2200 tops. J. Baker - If there are no further questions or comments we will close the public hearing for Richard and Barbara Guttridge. 2. PUBLIC HEARING -. Guthrie Medical Group NEI of Sayre, Pa (omit buffer zone at 1780 Hanshaw Rd.) A public hearing to consider the application submitted by the Guthrie Medical Group of requirement for a Sayre, Pa to Buffer Zone omit the MA between their zone Secion 1206.3 proposed Medical Office complex at 1780 Hanshaw Road Site and the adjoining RB -1 Zoning District to the immediate south boundry.. Also hearing to include a variance request to reduce the Section 1,401.6 Off Street Parking Requirement of 77 Parking spaces: J. Baker reported that Mr. Appeletto would be representing the Guthrie Medical Group and that area maps was presented to the Board for their review. Section 1401.6 Practical Difficulties anti /or Unnecessary Hardships: Compliance with the above would pose an economic hardship upon the owner in excess of $14,000. The owner suggests practical difficulties which require the number of spaces (70) as the use of the proposed facility does not warrent these excesses capacities. The owners experience amongst 22 other locations provides evidence that 44 parking spaces is sufficient for 7000 square foot facility. A variance would not pose a hardship upon the community welfare. The owner will guarantee that no parking will be permitted on the public thoroughfare. Approval of the variance would allow the owner to decrease the amount of non. - primable surface area of the site;. This will enhance the environmental compatibility of the project. Section 1206.3 Practical Difficulties and /or Unnecessary Hardships: This appeal request an area requirement variance to omit the landscape buffer as described. Compliance with the ordiance would require a buffer between the roadway and the subject site of 30' width and 12' of height supporting arguments are: The buffer would impose practical difficulties upon the owner and its patients. The buffer would preclude safe, efficient, ingress and egress of the facility as traffic visibility would be obstructed and site maintains frontage one roadway. This roadway separates the subject MA from the residential area. The owner appeals that the practical application of the buffer was not intended for a site which immediately abut's the roadway. In this case the roadway presents a natural buffer between the residential and MA zone. An economic hardship would be imposed upon the owner. The Page 3 facility's design accommadates attractive landscaping plans. The owner has already been exposed to the great expense in the design and constructing an attractive facility. The buffer as described by the ordinace presents an additional expense and disguises the architectual elements on the site. The owner has received numerous compliments on the design, landscape habits and compatibility of its facilities upon request the owner will provide pictures of its numerous offices. H. Slater, Town of Dryden's Zoning Office reported that a variance is not required for Section 1206.3 of the Town of Dryden's Zoning Ordinances as this property does not butt the RB zone. Mr. Appeletto reported that the Medical :Clinic would be opening with two doctors and the future growth potential to reach 6. The building will have six examining rooms. There was much discussion regarding the buffer requirements. J. Baker - If there are no further questions or comments we will close the public hearing for the Guthrie Medical Group of Sayra Pa. 3. PUBLIC HEARING - Douglas Layaw and Susan Stein (60' right of way driveway on Baker Hill Rd) A public hearing to consider the application submitted by Douglas Layaw to move an existing single family home to a site off Baker Hill Road at or about 65. Baker Hill Road. Road frontage would be a 60' right of way from Baker Hill Road. This is in violation of Section 753.2 of the Dryden Town Zoning Ordinance, For Douglas Layaw: Under Practical Difficulties and /or 'Unnecessary Hardships: The property has a 60 foot right of way from Baker Hill Road but not sufficient road frontage required by zoning. We need to move two houses from Ellis Hollow Road to Baker Hill Road by October 15. Without the variance we would not be able to site on this land. We would have difficulty finding suitable land and feel that this land would meet our needs and therefore request the variance. Chairman Baker reported that the Board will hear concurrently the case for Susan Stein which is the same case. For Susan Stein: Under Practical Difficulties and /or Unnecessary Hardships: The property has a 60' wide right of way from Baker Hill Road but not sufficient road frontage as required by zoning. The 1986 road was proposed to the Planning Board and the review was never completed. There would have been no difficulty at this proposed road had been completed. We need to relocate the two structures by October 15 and find that this property meets our needs and therefore request a variance. Area maps for both individuals were presented to the Board for their re ivew. It was reported that there and eventually it would be 12 -acre property currently land to both Douglas Layaw would be a right of way to the back property turned over to the Town as a road. The belongs to Avery Parks who is selling the and Susan Stine with each receiving 6 acres. There was neighborhood concern expressed about no road frontage, character of the neighborhood and a single driveway serving more than one dwelling. Chairman Baker - If there are no futher questions or comments we will close the public hearing for both Douglas Layaw and Susan Stine. 5. PUBLIC HEARING - Bernard Cornelius (place a mobile home at 399 Fain Street, Freeville A public hearing to consider the application by Bernard Cornelius to place a mobile home on property owned by him at 399 Main Street Ext., (Rte 366), Freeville, NY in an RB Zone, This is in violation of Section 701 in the Town of Dryden Zoning, Ordinances. Practical Difficulties and /or Unnecessary Hardships: At the present time, the land is unusable for development. We have milking cows to maintain the buildings and land and we need to place a temorary trailer to protect the place, Mr. Cornelius reported that he bought the farm in 1976 and intended to use it for commercial septic business and trucking. Since then I have gone out of that business and about a year ago I went into a partnership deal with a fellow on the farm to try to maintain the farm and pay the taxes on it because we were no longer using it for anything. This past summer we upgraded the barns for the cows, this past summer he left. I had no choice but to continue on with my cows and my machinery to try and maintain the buildings. I hired someone to run the farm and they have to drive to the farm. There is 40 cows to milk and I feel someone needs to be on the farm, An area resident expressed concern with the character of the neighborhood should a trailer be permitted, 6. PUBLIC HEARING - David Osovski (less than 125' road frontage) A public hearing to consider the application submitted by David Osovski that would allow him to build a home at or about 970 Snyder Hill Road. This is in violation of Section 702.1 of the Town of Dryden Zoning Ordinaces, Practical Difficulties and /or Unnecessary Hardships: The strict enforcement of Section 702 prevents the applicant from placing a single family residence on his 4.89 acre plat, Health Department density require 40,000 square feet of useable area to construct a single family residence, This lot exceeds the requirements by a factor of nearly five. The lot is not large enough for agricultural use, thus enforcement of Section 702 causes significant economic injury and practical hardship as the owner can not use his land for permitted uses, Applying Section 702 does not effect public health safety or welfare. Not only does the lot contain more than sufficient usable area but also conforms to dimensional requirements per the health department. The required frontage of 125' would not enable the site to comply with the site compliances regardless. Public safety remains intact despite adherence to Section 702, Placement of the structure and related services does not infringe on neighboring property or on right of ways. The road access has no obstructions to vision with a distance of 300' in either direction. Safe entrance and and exit to Page 5 the property does not depend on a 125' road frontage to ensure a clear view of the on coming traffic. The welfare of the community would not defer by the granting of this variance as public health safety do not rely on the enforcement of Section 702. Furthermore the nature of the site satisfies the stated requirements although the actual dimension of frontage is half that required. The location of the stream and bank and the shape of the parcel 74.1.29.21 exclude the possibility of building a structure within 75 feet of this intersection with parcel b. Effectively parcel B in appearance and practical use would remain unobstructed from the southern border to the road from a distance of 1250. This proposal offers a lower density than required and adherence of a square foot on a 4.89 acre as allowed would enhance the rural unique residence atmosphere of the area as well as the increasing the tax base. The Town of Dryden is wisely required that all single family residence lots have a minimum of 125' road frontage thus it assures an attractive, spacious setting of homes, ample site dimensions and public utilities and service access. This lot adhere to these goals despite the 56.3' of existing road frontage. The undersigned respectfully requests a Judicious appeal of this area variance. J. the Baker public - If there hearing are for no further questions or comments we will close Mr. Osovski, ALL PUBICPHEARINGS ARE CLOSED FOR DELIBERATION. 7. Re- Opened Public Hearing - Richard and Barbara Guttridge Findings. 1. It was not proven that the land in question can not yield a reasonable return if used only for the purposes allowed in that zone. 2. The owner did not prove that his plight was not due to a unique circumstance and not the general condition in the neighborhood which may reflect the unreasonableness of the ordinance. 3. It should be noted that the owner intended to show great faith by hiding the trailer in the middle of a dense three -acre woods. 4. The area in question is an RB zone which is by the definition of the code the most restrictive of all the residential zones and use of trailers on a permanent basis is +expressly prohibited. F. DiTommaso moved that we deny the Gutridge's to retain their mobile home on site based on the findings. J. Baker seconded. 3 Yes, 1 No. DECISION: Variance denied 8. Re- .Opened Public Hearing - Guthrie Medical Group Findings: 1. There will be two doctors and possibly 3 -5 additional office helpers, there will only be six examining rooms and an xray station. Parking for 44 will be adequate for the amount of business that a 7000 square foot building of this nature is expected to attract. A. Everett moved that the Guthrie Medical Group of Sayre Pennsylvania be granted a variance to have 44 parking, spaces at their complex. A. LaMotte seconded. 4 Yes, 0 No. Chairman Baker noted that this was a 2 -part during public testimony from Zoning Officer of the request has been eliminated due to a the law. A variance is not required so that heard or decided upon as it was not needed. DECISION: Variance granted, M a W variance and was made aware Slater that the second half clearer understanding of part of the case was not 9. Re- Opened Public Hearing - Douglas Layaw and Susan Stine Findings: 14 It was determined during the course of the hearing that the applicant would not own any frontage on public highway under proposal number two. A. LaMotte moved the variance be denied based upon the findings. Everett seconded. 4 Yes, 0 No.. DECISION: Variance denied. 10. Re- Opened Public Hearing - Bernard Cornelius Findings: A. 1. The property in question is located in an RB zone which is the most restrictive of the residential areas. 2. Because it is a use variance, the land in question not show that it could not yield a reasonable return if the purposes allowed. 3. The owner did not show that the plat that he is trailer request is due to any unique circumstances conditions of the neighborhood which may reflect an of the law. the owner did used only for in with this and not the general unreasonable misuse 4. Granting of the variance would in fact alter the essential character of the neighborood and violate, the spirit of the zoning law, A. Everett moved that Bernard Cornelius be denied a variance to place a mobile home on his property on Main Street Extension, Freeville in an RE zone. J. Baker seconded. Carried. 4 Yes, 0 No. Carried, DECISION: Variance Denied, 11. Re- Opened Public Hearing - David Osovski Findings: 1. The intent of the. applicant is to comply with the low density spirit of the zoning law as written. A. Everett moved that a variance be granted from the 125' road frontage requirement on Snyder Hill Road to construct a single family dwelling. A. LaMotte seconded. 4 Yes, 0 No. Carried, F. DiTommaso moved the meeting be adjourned. A. Everett seconded. Carried. Meeting Adjourned at 10:30 p.m. cll C7Eery1 Record fulAy nlblfif t .moreaux Secretary Page 7 d,