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HomeMy WebLinkAbout2014-03-04 Members Present: Ben Curtis (Acting Chair), Gene German, Alternates: Jeff Fearn & Jules Ravo Absent: Nelson Hogg, Deb Shigley, Henry Slater Others Present: David Sprout, Code Enforcement; Joy Foster, Recording Secretary, ZBA Applicant: Kathy Dewart Town Residents: none Meeting called to order at 7:00 PM Agenda: Kathy Dewart, Ellis Hollow Creek Road, Area Variance Kathy Dewart - Area Variance Chair Curtis reads the public notice: PLEASE TAKE NOTICE that the Zoning Board of Appeals of the Town of Dryden will hold a Public Hearing to consider the application of Kathy Dewart who is requesting an area variance for relief from the rural residential zoning district lot frontage requirement of 250 feet. Ms Dewart requests relief of 1.1 feet. The property is located on Ellis Hollow Creek Road between properties 350 & 378. SAID HEARING will be held on Tue. March 4, 2014 at 7:00 pm prevailing time at the Dryden Town Hall, 93 East Main St. Dryden NY, at which time all interested persons will be given an opportunity to be heard. Individuals with visual, hearing or manual impairments and requiring assistance should contact the Town of Dryden at 607-844-8888 x 216 at least 48 hours prior to the time of the public hearing. Curtis to applicant: Do you have anything further you would like to add. Dewart: No I think it's pretty clear originally it met the standards. Curtis: Has there been any response from the public? Are there any comments or questions from the audience, or from the board? Sprout: No comments from the public German: When was the survey done? Dewart: The survey was done 2 months ago and originally in 2012. Curtis: This is an exempt action under SEQR the town has.... Sprout: Our minor subdivision law requires the subdivider to submit SEQR form that's why it's here. The Planning Dept. is lead agency Curtis: So the 239 is moot the SEQR is done by the Planning Dept. if the board has no further questions or commits I will close the public portion of this hearing. IN CONSIDERING WHETHER AN UNDESIRABLE CHANGE WOULD BE PRODUCED IN THE CHARACTER OF THE NEIGHBORHOOD OR DETRIMENT TO NEARBY PROPERTIES WILL BE CREATED BY GRANTING OF THE AREA VARIANCE THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS: That the proposed action does not result in any physical change to the site. Motion made by: Ravo - Yes Second: German- Yes All in favor - Yes IN CONSIDERING WHETHER THE BENEFITS SOUGHT BY THE APPLICANT CAN BE ACHIEVED BY SOME OTHER METHOD, FEASIBLE FOR THE APPLICANT TO PURSUE, OTHER THAN AN AREA VARIANCE, THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS: Yes but cost and activity would be substantially disproportionate for any benefit. Motion made by: Fearn - Yes Second: Ravo - Yes All in favor - Yes IN CONSIDERING WHETHER THE REQUESTED AREA VARIANCE IS SUBSTANTIAL. THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS: Not substantial, relief sought is only 1.1' out of 250', less than .5%. Motion made by: German- Yes Second: Fearn - Yes All in favor - Yes IN CONSIDERING WHETHER THE PROPOSED VARIANCE WILL HAVE AN ADVERSE EFFECT OR IMPACT ON THE PHYSICAL OR ENVIRONMENTAL CONDITIONS IN THE NEIGHBORHOOD OR DISTRICT. THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS: No, per A above. Motion made by: German - Yes Second: Ravo- Yes All in favor - Yes IN CONSIDERING WHETHER THE ALLEGED DIFFICULTY WAS SELF-CREATED. THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS: Yes self created by desire to sell. However an earlier survey indicated there was adequate road frontage . Motion made by: Curtis - Yes Second: German- Yes All in favor - Yes Curtis: this area variance is SEQR exempt type II action part 617.5- 12 Motion made by: Fearn to grant variance Second: Ravo- Yes All in favor - Yes Motion made to adjourn meeting: German - Second: Ravo- Yes All in favor - Yes Meeting adjourned at 7:20 PM Respectfully submitted, Joy Foster, Recording Secretary 3 TOWN OF DRYDEN Zoning Board of Appeals March 4, 2014