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
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