Loading...
HomeMy WebLinkAbout1990-06-05O TOWN OF DRYDEN ZONING BOARD OF APPEALS ,TUNE $, 1.990 MEMBERS PRESENT: Dom_i.ni.c Bordonriro, Alan :LaMotte, and Acting Chairman Francis DiTommaso. PRESENT BUT NOT L:f.MT:'T'ED TO: Applicant, Konstantinos Katsiroumbas; Agent for a.pp.l.i.ca.nt, Jack Baker; Zoning & Building Code Enforcement Officer, Henry $la.ter; Property owners/residence, Marjorie Carrison- Spofford; and Barbara Skoblick. The Zoning Board of Appeals meeting on Jule S, 1990 was called to order by Acting Chairman 1 ra.nc_i_s DiTommaso at 7:35 PM and the following application was heard. Ko er cc of Us ns cc ne E es t t r t , an a. al na 0 ti nd C a f no 0 on nd t 1 s K a. per•a. ven:i. req e Dr tsiroumbas to a three ence Store uest:i.ng a yden Town of Box 34, Dryden, New York to (3) Dwelling Unit Apartment and at 2 Lana Lane within the Hamlet variance to section 7.51, Allowed Zoning Ordinance. Acting Chairman Francis D_i.Tommaso opened the hearing and read the application: Having been denied permission to erect a building containing a CONVENIENCE store and (,3) two bedroom apartments at #'2, Etna. Lane, Hamlet, of (Etna, Town of Dryden, New York as shown on the accompanying application and /or plans or, other supporting documents, for the stated reason that the issuance of such permit would be in violation of Section 75,1 of the Dryden Zoning, a non - allowed use. This specific building is not .lasted as ;i,n allowed use, so therefore it requires a variance. He respectfully submits this appeal and has the attached letter (which was read into the record), 7, r EAGLE BU11DING COMPANY Building Design General Contracting Pg. 2) Dryden B A Variance Request Re: Mr, Konstp,�n.tinos Kateirournbas #2 Etna Lane Etna, N.Y. , Town of Dryden, Tampk i, ns County 5 Knollwood Dr_ Freeville, IVY 13068 (607) 844 -9656 May 16, 1990 Practical difficulties and /car unnecessary hardships are as fc3llows; The pr%e� existing property located at the above address was completely destroyed by fire. It was a lame commercial building which contained a convience store (01ngler's Market), and once housed the Etna Post Offire, This building also had a three hedracin apartment upstairs, and a larke unfinished area capable of containing two additiu -na.l two. bedroom apartments. The existing zoning does not allow the building, with cor�vience store and apartments, to be replaced, which is what we would like to do, The land in gxuestion, #2 Etna sane, cannot yield a reasonable return if used only for an allowi�d use, The very features that .made this a good location for a convience store with apartments, make this property undesireable and unsaleable for the allowed uses within the RB,l zone. There are unique circumstances about this property, due to i# history and location, which make it undesireable for allowed uses. 1. Tb9a property is located on the outside curve of a busy intersection (Rt.. 9366 and Etna Lane). . The large multi- family apartment building located directly across the street (Rana Lanes, 3. The steep banXs; bridge, Fall Creek, & corner lot constraiato, 4. The location of the community aid sirens on the property. Granting the varience will not alter the essential character or quality of the neighborhood, in that all the owner wants to do is replace what he had before the fire, In fact, the quality, style, acrd. new location of the propozed building will do a lot to enhance the property values and saftey of the neighborhood and the intersection, Based upon-the above facts I amk that the Dryden Board of Zoning Appeals grant Mr, Katsiroumbas this variance request, Very truly yours, ack Baker Ragle Building Company (Z11A 615190 Pg• 3) Mr. Baker stated he had elevation plans available If the Board or anvone wished to review them. After The Board rc��iej%cd the p]_ans ant] sketches Mr,. DiTommaso asked if there were arly commf�rrGs from the floor, COMMENTS FROM THE FLOOR NARJCIUC GARRISON -,SPOT ORII representing her stepmother ,SARAH F. K. SPOFFORD living at 366 Main Street above the 568 Main Street property (Marjorie Carri.son— Spofford currently lives the,rle) stated. I do nbjec:t t() t],0 PUYI posed. var'i_arice on a number of grounds. As was stated in the letter by Jack Baker he stated the property was located on the outside curve of 366. That's a VergyF dangerous curve, and I can not see how erecting a building r,hat w1l,1,1. be �� three family residence in add:i,C;i,on to a. store can der allything but exasperate the current problem of r..ha.t corner ;ft is a slnall lot. at the time there was only a store there and one a.partment.. There were ca.rs not onl.v ;i,n the parking lot, but on the -.ilde of 3664 I do not feat r.h:i.l. add Something In tii1S a.ppl What they lost, well w apartment.. Three agar 1-est. I'm not against the st adequa.tel.y provide roe trucks that must bring but T cannot sec where apartment complex. Th would be there as past the Cars for the store ;i.ng two additiona.l e3.E .rrtrnents, it says i_0r).tJ,0n that they are trying to erect hat they lv :sr is a store and one tments is more then what they had ore, uri,th a parking lot that will m for the patronage plur> any kind of produce and what ever to the store, there's plenati� of room for the three a.t ceul.d be at least; six cars t.h4it of the. ..rpa.rtment coMpl.ex., plus all its self. I don' t know if this c omos under the Zoning, I warn' t able to rnake the hearing when they had appealed once before on this property. But I know that there is a problem w-ith sepG;i,C, systoms in that area. '[; myself have problems ti,:i,th the house. The ura.ter• level table J.s extremely high due to the creek. There isn't enough room for adequalme drainage. fie]_d from the one family rres,idence that T live: ],n, I can not understand how there would }}e adequato drainage fields form a three apartment complex on that piece of property, C (ZBA 6/5,/90 Pg. 4 ) ® BARBARA SKOBLICK: 1' really want, to see a store there, and p.i.zza. T am cur.i_ous to know what your because I'm concerned about noise after night. I know you used to close at ten, to know what, your future plans a.re. K. KATSIROUNBAS: I hope you have planed hours a.r•e, ten o'clock at but I'm interested Didn't BORDONARO asked JACK have BAKER an dimensions were i.n answer as he was relation uncertain if he or Someone else that was previously would be leasing the store. Be SK013LICK: Didn't know who dealt with that issue but stated being it res:i.denti4n.l. area she was concerned about the hours of operation a.nd did not want to see a 24hour store. The the it u r com n o :i. g a. t: r i i s h e is conti ng t ng a e by erin qui en:i_e he d nd g sla g be to a bit of' no:i.se nee of the store ay . But did not o:i.ng all hours of mining car doors, ing rowdy . from traffic, but off set the noise want to see people the night, creating people talking and Discussion followed on regLrl.ations/ requirements /enforcement for establ.:i shin cy reasonable hours with the Zoning and Building Code Enforcement Officer Henry Slater. Be SKOBLICK also sta.t, building put there, a s.i.milar to what was, t seemed to provide eno ed s he ug if there was going to be another tore, she would like to see something re, a store with one apartment. It h income. MR. BORDONARO asked JACK BAKER what the dimensions were i.n relation to the structure that was previously there. ,y r . 13 a of the sr.ruct second half o buildi way of ke s ur f f ng r T4 t e _l t 0 stat ruC.tu o nl y o o :r w he se was p ute 3 e r^ a c r 6 d e h s 0 e 6 that that. a.d or cony nd fl. tty e . Pa th wa e a ert oor rnpt r k :i. e s pa ed w y. ng structure wou originally th rtment upstai in to an apa as a big empt The old bui was inadequa 1. e r r y 1. t d be about half the size re. The original s, but only half' of the trnent . The whole back room. The rest of the ding was i rt the right of en Hea.lth Department Regulat• :i.ons were discussed in relation to the septic system and ti.as rioted this Board dial not reguliate that, but the applicant had to meet their standards :i.rr obtaining the perm:i.t 6 Ell 0 �1 LJ U In respo suff;i.cie return o Mr. Bake was sign were abl n n n r i e se t t f i. t r, o al.o he t €L t 0 an o b the i ng wit invest ed tha tlV le rake e s h III t ti V (Z3A 6 -5-90 Pg. 5) sue bein4 r the store ent why w;.s the origin s then a re ell . a :i. op t al PI se er hr P ac d a t. e u r ern t i. c, e h n a h n g t par ase t c one o m tme pr o s t, a. n apartment seemed ke an adequate is now needed? ce of the store that's why they The GARRISON replacement real.iv building J.%, only hii,lf the size due to building costs. did not want three delivery apartments, or F. DITOMMASO: If there was Vii, store with one apartment, would that ,het a return on that land? J. BAKER: No, this is the minimum of what it has to be. :Mr. Baker stated that sma.1.1 town stores arenIt big money makers and therefore you need. tenants in the building in order to make it work. Pri,rking and. access to route ;66 and lstna. Lane was d:i.scussed, The difficulty of obtaining access to route ;66 with the increased traffic and poor visibility. M. GARRISON -SPO1� FORD real.iv that wanted the store but did not want three delivery apartments, or access to 66 from the parking lot. goods parking to the store :issue was informed on the �fy real contention is that the traffic, is go:i.ng to be - increased dra.maticall.y by having apartments and the store. Henry Slater application regulations. stated LaMotte :inquired that reopened read about on the, reviewing delivery of the VARIANCE. the goods parking to the store :issue was informed on the that would it be appears small_ they vehicle dcl.;i.very have complied with the Mr. LaMotte :inquired reopened read about the hearing at a motion make the, .f.:i.ndings GRANT delivery of the VARIANCE. of goods to the store and was informed it would be by small_ vehicle dcl.;i.very approximately ten or eleven o'clock in the morning or at off hours. Delivery would be make through the front entrance, HEARING CLOSED Mr. the DiTommaso Bo.a.rd were reopened read and the hearing at a motion make 8:"" PM. The and second to .f.:i.ndings GRANT of the VARIANCE. COPY ATTACHED, Dominic Bordonaro moved to adjourned the meeting, Second by Alan LaMotte. No discussion, MEETING ADJOURNED AT 8:35 PM. .1 . 11yan, Recording Secretary I' A pu KATS thre Haml of t b I e e h .1iC ROU (3 t o e T hea MBAS ) Dw f Et own C' e n Z in F 1.1 a. on g i. i to co 0. Box ng Uni Mr. K ng Ord NOTICE OF DECISION TUESDAY JUNE, S, 1.990 nsi.der the ap 34, Dryden, t and Convent atsiroumbas :i_ inance. pli. New ene s r A public hearing was duly conducted Appeals Francis on Tuesday, June DiTommaso, Dominic $, 1990 with Bordonaro FINDINGS* cat:i. Yor e St eque ri on submitted k to establi ore at 2 Etn sting a var:i by KONSTA sh and ope a Lane wi ante to se NTINOS ra.te a thin the ction 75 by the Town of Dryden Board of Zoning members present: Acting Chairman and Alan LaMotte. 1.6 Neighborhood comment was two :i_n support of the store and one against the apartments. 2. The land has unique features, and no allowed use would yield €L reasonable return. q% 3• The Board doesn't feel there would be significant change in the neighborhood as a result in granting the variance. 4. The store alone is not economically viable, apartments added to the store create economic v:i.ability. Dominic Bordonaro moved that a variance be granted based on the findings but we add the stipulation that if the store is open be subject to a closing time of 1.0:00 Phi or no latg.er: Alan LaMotte second the motion. Vote Yes (3) DECISION: jr No (1) VARIANCE GRANTED Respectfully submitted, Francis D:iTommaso, Acting Chairman Dat e To F r rxq Sub. May 22nd, 1990 Francis 118 Lake DiTr,mmaso, Road Aft i n Ch r °. r Dryder, Town Z, P. A. Dryden, Ne3w York. Henry Town 65 E. of M. Main Slater, Dryden Street Zoning F. Ql.li1dIY,t� bode Fri fanrwc� pmQr,t i:lFf'irQ Dryden, New York 13f)5�71 Zoning ar ~iaricPS Agendn, June 1'39+) Beat~ Fr ;and l,rn cUFPer'Itly irp ru eipi: of a r ~egp.jPSt r�eq _test f roar are Ay Brit fi,ir a rr a �,� 1 i '.r Baker ~. P xng ar, aperPt fl, -.11� I r_1y,Prrt wi this one appl jnat i,F_ir,, YM� will ricFt be u FaCmwber� sf thin ZIB&Am for thrI. appl Chairman Baker~ F7v=ks requeste3d that you Chairman frJr the review 1 =1f this applx attached fcir• yot,ir~ r•eviE?w arrid has, asrF P_4LR h Z. P. A. Member. Agenda finr% Tuesday Jurpie 5th, 199Ci flwr varlarpue hearing t, That t�ruent i s Jar'+ 11 require that, fc,r, all UWed t1:1 set ZmA 5 r-jair iCat iorl. AEi a r °k?��_l1.t, serve as Acting cation Which j. T. ,always, beerr, .Pnt t.-, Kizir"istariir],1'ns KLitsir4= 11.1.rflbas P. Q. Ri x 4 Dryden, Hcpw Yi=ork x� request ing a varj,anne to sect.J.Qn '751 of tt7�,j Town Zrzininq Ur ~dinanr n to esr;,4bl ish and l-lpm.rate a 3 Dwell ing Unit and Cinrivenienc,P Store at 2 Etypa LAne within thP. Hamlet of Etna. Thank you, Henn m. Slater CC: All Z. P, A. Members Jack Baker, Chr•. Seer %F �r y:E Elizabeth Corrigan, Dryden Town U Boarcl n Ithaca Jp_iurna l News 123 W. State Street Ithaca New York. 14850 Atten: Df.-inna Carr, Legal Ads PLEASE PUBL I1.7H ru � later t ha.r, WEDNESDAY MAY 300th, 1990 and b i. 1 1 the Tinwn cof DRYDEN. PLEASE TAKE NOTICE that the 7._lr of Dryden w I 1 condUct a p!l application of Koristant lnos Kat York tci erect R operate a 3 Dwe Coriver, i erice Store at 2 Et ne Lane ® req nest i rig a var i. arice to sect i ctri Town lcmning Ordinance to do so. SAID HEARING will be held on prevai 1 irig t ime at the Dryden New York. at which time all _opportunity to be heard. Person Dated: May Rf2rid,1990 Henry M. Slater, Zoning Officer T i.nwri f Dryden \� J i rig b 1 i sir lli wit 7511 Woard cif Appeals of the Totam c hearing to consider the ourribas of Box 34 Dryden New rig Unit Apartment and C33enera.l hin the Hamlet of Etna and is , Allowed Uses, of the Dryden TUESDAY JUNE 5TH, 1990 AT 743(.-) P. Mm Town Hall 65 E. Main Street Dryden interested persons will be given an may appear in person :r by agent. U E El I TOWN OF DRYDEN FLEW YORK APPEAL TO BOARD OF ZONING APPEALS TOWN OF DRYDE14 Ilaving been denled permissior► to, ElQL Cm A P0 1L_b WG. o,U' ikv4e A At K UJlwE Dryden, N.Y, as shown on the accompanying Application and /or plans o►' other suppertind docur►ents, for the stated reason that the issuance of such permit would he in vioiatioij of Section or Sections) 83 of the Town of Dryden Zoning Ordir►ance the UNDERSIGNED respectfu•i ly submits this appeal from SUCK 4.I0.11 ial a►►d in sril pot-t. of. the appeal, affirms that strict observance of the Ordinn"cr._ would impose PRACTICAL DIFFICULTIES and /or- UNNECESSARY IIARDSII I P as fo I lows : OL If you have additional supporting details of Wror-mition, please attach such detalis to this application an make reference to such attar_hmer►t. DATED Dryden, N.Y. App irant Signature: / Cel 70�"1..1v. Address: BVT Li �'Q ✓N �Y 130S,> Phone Number Date ;_r G ' 9U_ l � EAGLE BUILDING COMPANY Building Design General Contracting Dryden BZA Variance Request Re: Mr, Konst-antinos Katsir'oulnlaas #i2 Etna Lane Etna, V. Y. , 'Town of Dryden, Tompkins County 5 Knollwood Dr. Frccville, NY 13068 (607) 844 -9656 Rav 1.6. 1990 J Practical difficulties and/or unnecessary hardships are as follows: The pr complete /. contained Etna Yost upgtairs, add i.t iona e- existing proper y destroyed by f i a convi.ence stor. Office. This hui and a. large un.f i 1 two bedroom apa ty located at the above address was re. It was a large commercial building which e (Dingl.er' s Markest) , and once hous+2cl. -the ldi.ng also had, a three bedroom a.partmen't nishad area capable of containing two r tine 1.1t . The existing zoning does not all.ocr the building, with r_onvience -tore and apartments, to be replaced., which is what we would like to do . The and location, property proposed is The land in question, #? return if used only for an isthis a good location for a property i.ln.desireab.le and RI3-1 zone!. 2 Etna Lane, cannot allowed use. The v convi.ence store wi unsaleable for the yield a reasonable. ery features that 1nade th apar'tmen't=, makeh thj. allowed uses within the There large steep are unl.clue family apartment (Etna bridge, circumstances in that fire. about this 4. The property, due to its history 1. The and location, property proposed is which snake located on it undesireabl.e the outside do for allowed curve of uses. a busy variance intersection property values (Rt. #366 and Etr►a Lane). the neighborhood 2. The across 3. The large steep multi- the street banks, family apartment (Etna bridge, Lane). Fail in that fire. building located directly Creek, 8S corner l.ot constraint ^. 4. The location of the comrnuni.ty of aid sirens on the property. proposed grant building,, will do a lr_►t to enhance variance the Granting the vari,ence will not alter the essential character rlr- qual.i,ty r,- epla1 =e of the what he neighborhood, had before the in that fire. all the owner wants In fact, the quality, to do style, 1, =: .�rrd new location of the proposed grant building,, will do a lr_►t to enhance variance the property values and saftey of the neighborhood and the intersecti_nn. Based upon the above facts l ask that the Dryden Board of :zoning Appeals grant Mr. Katsiroumbas thl.s variance request. Very truly yours, * Jack Laker `1l =ag.le Building Company Cl 1� TWOOV I� r ^n �i h Or CFOn L r� C T. 1r .i• I rl �j (; ,I -! c+ -b wnT a L, t ; r 7� co M I� c� In t' t , fit I IN i L, i �i i i� I� I� 0#1 I� L if l� �,i - i i i� I� I� 0#1 I� L if l� �,i C, S . r `V 7 0 �R 1 mm << vft s- v O 1 �n r�rtl n ff a fr11 04 1 Lr �y�Il II IMi t = l� r L C f I t { i� i I: ,r a. a V iu II 11 z J J C Li} u UJ III i , i� II . I Y �l I. -7. Ail Lt 1 1' a ■ Ell e'l �G .^1 d uJ J ul u cLj �r J Q � Ul ' 0 , dl Ij _, O.S s S >' Ld a c O 'r U- � y 1 1 i7 p �r II I � rte. C 7 O '^ I U r� 0 A public KATSIROU three (3 Hamlet o of the T hea MBAs ) Dw f Et own r 2 e n Z i.ng P. oni to co 0. Box n Un:i. Mr. K ng Ord n t a i s i. 34 a t s n a. NOTICE OF DECISION TUESDAY JUNE" $, 1990 der the application submitted by KONSTANTI.NOS Dryden, New York to establish and operate a nd Convenience Store at 2 Etna Lane within the :i.roumbas is requesting a variance to section 7.5 nce. A public, hearing was duly conducted by the Town of Dryden Board of Zon.i_ng Appeals on Tuesday, June 5, 1.990 with members present: Acting Chairman Francis D:i.Tommaso, Dominic Bordonaro and Alan LaMotte. FINDINGS: I. Neighborhood comment was two in support of the store and one against the apartments. 2. The land has unique features, and no allowed use would yield a reasonable return. 4% 3. The Board doesn't feel. there wou.l.d be significant change in the neighborhood as a result, in granting the variance. 4. The store alone is not economically viable, apartments added to the store create economic viability. Dominic Bordonaro moved that a variance be granted based on the findings but we add the stipulation that :iJ the store is open be subject to a cz closing time of 10:00 PM or no 7.atxer: Alan LaMotte second the motion. Vote Yes (3) DEC- 1.SION: M No (1) VARIANCE GRANTED Respectfully submitted, /;'nl. —. Francis D:i.Tommaso, Acting Cha.i.rman • El A public KATSTROU three (3 Hamlet o of the T hea MBAS ) it w f Et own r P e n Z ing P. a. . on;i. to cc 0. Box ng Uni Mr. K ng Ord n t a i si 34 a t s n a NOTICE OF DECISION TUESDAY JUNE .S, 1990 der the a.ppl_ Dr,y den, Ne nd Conven:i.en :i, r• o u m b a. s i. s nce. A public hearing was duly conducted Appeals Francis on Tuesday, June DiTommaso, Dominic S, 1.990 with Bordonaro FINDINGS: 1. 2. i w c r• cltl Yor e St edue on subm.i.tted k to cst..a.bl.i_ ore at 2 Etn sting a vari by KONSTA sh and opc a Lane w ante to se NTINOS rate a th:i.n the cti.on %5 by the 'Town o:f Dryden Board of Zoning members present: Acting Chairman and Alan LaMotte. Neighborhood comment was two in support of the store and one against the apartments. The land has unique features, and no allowed use would yield a, reasonable return. 1 3. The Board doesn't feel. there would be significant change in the neighborhood as a. result in granting the variance. 4. The store : lone is not economically viable, apartments added to the store create economic: viability. Dominic Bordona.ro moved that a but we add the stipulation that closing time of 10:00 PM or no Alan LaMotte second the motion. Vote Yes (3) DECISION: Jr No (1) VARIANCE GRANTED va.ri_ance be granted based on the findings if the store is open be subject to a later: Respectfully submitted, Francis D;i.Tommaso, Acting Chairman