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Home My WebLink About2017-08-01TOWN OF DRYDEN Zoning Board of Appeals Aug. 1, 2017 Members Present: Jeff Fearn (Chair), Ben Curtis, Gene German, Mike Ward, Henry Slater Absent: O Others Present: Ray Burger Director of Planning, Joy Foster, Recording Secretary, ZBA Residents: Jim Turner, Jon Fowler, John Kaufmann, Sharon Travis Agenda: Area variance, Sign for TC3 Area variance, Front yard setback at 2 Lilac Lane - Pleasant View Mobile Home Park Meeting called to order at 7:01 PM TC3 Farm Sign, Area Variance Applicant: Jim Turner Chair Fearn reads the public notice: PLEASE TAKE NOTICE that the Zoning Board of Appeals of the Town of Dryden will conduct a Public Hearing to consider the application of Tomokins Cortland Communitv College ITC31 Foundation for an area variance to locate a sign two feet from the right-of-wav (ROW) of State Route 13. at the entrance to the TC3 Farm Ian educational facility) entrance at 100 Cortland Road. TC3 Foundation reauests 13' of relief from the 16' setback reauirement set forth in Section 903B of the Drvden ZoninLy Law. SAID HEARING will be held on Tue. August 1. 2017 at 7:00 om 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. Fearn asked applicant if he had anything further to add? Jim Turner adds that property sits back a ways from the road and it has a curved driveway and it is difficult to see even if you are familiar with it that it's easy to pass by. So with putting a sign back would make it difficult to see and wouldn't allow people to slow down and stop to turn in, in an appropriate time. This is why we are requesting the sign be placed closer to the road to be able to see and slow to turn. Slater to applicant: what facility does this sign idents ? Applicant, it's for the farm. Fearn asks if there is anyone in audience that would like to comment? none Fearn reads the letter from Tompkins County Department of Planning , insert next page Tompkins County DEPARTMENT OF PLANNING :AND SUSTAINABILITY .121 $ast.Court'Street Ithaca, NevcC:York 14850 Edward C. Marx, AICD Commissioner of Planning and Sustainability July 26, 2017 Telephone (607) 274-SS60 Mr. David Sprout, Code Enforcement and Zoning Officer Town of. Dryden 93 E. Main Street Dryden, NY 13053 Re: Review Pursuant to §239 4, -m and —n of the New York State General Municipal Law Action: Variance for TC3 Farm Sign located at 100 Cortland Road, Town of Dryden, Tax Parcel #36.-1-19.2, TC3 Foundation, Owner/Applicant; James Turner, Agent. Dear Mr. Sprout: This letter acknowledges your referral of the proposal identified above for review and comment by the Tompkins County Planning Department pursuant to §239 —1, -m and —n of the New York State General Municipal Law. The Department has reviewed the proposal, as submitted, and has determined that it has no negative inter -community, or county -wide impacts. Please inform us of your decision so that we can make it a part of the record. Sincerely, Edward C. Marx, AICP Commissioner of Planning and Sustainability InAsion througfi (Diversity Curtis: moves to close the public part of'the hearing and move onto the 5 questions. Motion made by: Curtis to close at 7:07 PM Second: Fern- Yes All in favor - Yes A. 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: Minor visual impact of the sign but its consistence with other signs in the neighborhood and would be a positive effect being offset by the safety. Motion made by: Curtis - Yes Second: Fearn- Yes All in favor - Yes B. 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: Could put sign 1 S' from road but then you impact both the wetland and the safety. Motion made by: Fearn - Yes Second: Slater- Yes All in favor - Yes C. IN CONSIDERING WHETHER THE REQUESTED AREA VARIANCE IS SUBSTANTIAL. THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS: x For the record Curds would like to add and request that the ZBA Chair write a letter to the Planning Board Chair to amend the Zoning Law amendinent for the setback requirement for placement of'signs along Highways. German adds that yes this needs to be re -looked at but also there are 2 .types of signs that we address and I don't think we want a billboard 2 feet f om the right of way, that could be a serious obstruction. So we need to idents the 2 -types of signs we are talking about. Motion made by: Curtis- for Fearn ZBA Chair to write letter to Planning Board Chair Second: Fearn - Yes All in favor - Yes So getting back to answer for question C. Yes it's a substantial request but the offsetting of safety concerns outweigh the substantial. Motion made by: Curtis- Yes Second: Fearn- Yes All in favor - Yes D. 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: Minor visual impact as noted above. Motion made by: Fearn - Yes Second: German- Yes All in favor - Yes E. IN CONSIDERING WHETHER THE ALLEGED DIFFICULTY WAS SELF-CREATED. THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS: Yes but see all points above. Motion made by: Slater- Yes Second: Ward- Yes All in favor - Yes Fearn: this area variance is SEOR exempt tvne 11 action Dart 617.5c- 12 Motion made by: Curtis Second: Fearn- Yes All in favor - Yes Grant variance Motion made by: Curtis to Grant Variance as requested without conditions Second: Fearn - Yes All in favor - Yes 7:17 pm - Congratulations you have your approval Fearn 7:20 pm reads the next hearing: PLEASE TAKE NOTICE that the Zoning Board of Appeals of the Town of Dryden will conduct a Public Hearing to consider the application of Pleasant View Mobile Home Park (PVMHPI for an area variance to construct a 1707 sa. ft. vole barn at the end of Lilac Lane. Tax Parcel #48.-1-77.2 located at 2 Lilac Lane. The vrovosed barn would fall within eleven (111 feet of the highway line. where 50 feet is the required setback. (PVMHP) requires 39' of relief from the front yard setback requirement listed in Article VI. Section 600: Area and Bulk Table. Rural Agriculture District. SAID HEARING will be held on Tue. August 1. 2017 at 7:15 vm 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. Fearn to applicant do you have anything further to add? Applicant: John Kaufmann: 1st we need it and 2nd there is an existingpump house already there that is falling apart and it's too small. The part of Lilac Lane that is will be used is a dead- end and the only person to use it is the maintenance person. Curtis: wondering why not start at the front edge of the shed that's dilapidated and go the other way Applicant: because there is a wetland and it drops down like 2 to 3 feet and much fill would be needed. Applicant hands out more materials about project to the Board. Insert next. Pleasant View MHP Pole Variance Application -the poe dere p►>1y°ne will be ? �Ve�t will N°t BuC f the oleehaadr end p°r�'l° e front ° e 0 d use the e e the om ne • k persona ere is no d rn will enclos ��lac �a home par bane- Th ,4eeck ole ba mobile d„ Lilac is used p se, 4 feet onlyr,stub en °� low truckado . The pr°p urnp hou Dose is this traii1c. ryden p turn -around eXist�ng p u ep road thru knowledge Dd as a tut nt of theth and our ead tease he fro deo .dated, . To e the d Tees will inat t e . T the e g ilap� of use •ting t oun�-`' 'F� rn use d n fro ho �s r opal of eY- turn ar urr►p laced' yid ec 5 stogy e 'Rem for cking the pole . s to The be rep e a a rag tru neegs t4 barn will ce, as wet a truck• rd°erd end, if needed. support build ole ark o� s, and tion - bots .Thep for a p suppi�e my loca r e neigh space for tools' is the °• suited f° • Th cation that is barn' Barn sp e pr°p°Sle homed lue the ,,pose* park . Th rn°b ose- th�s p 0 9 • • Existing Pump House (Coni) Existing Pump House (Coni) Existing Pump House (Coni) 0 CD Q m cl U) -% cD CD Jeatl End Street (Cc 0. `0% 0 ri- r CD 0 0 0 U) 0 0 � �r � �. ._ ::�-�� ,.. .b >.Y Y i` a, � ,�."� � �'� w � ,,.�:,� � x , , 'A J .:Yr'.I �,..r , .�� X`'—'mss' t � J ��.' � """tea .�+. r r.�i^`moo �� - . � �` ��3 _x„ �` s .a^ r .. _ ��y ..s, � sir' __� _ .�._.. .. - r� Board has questions about this wetland? Ray Burger gets a vi,etland map. Board and Burger and applicant all look at map and discuss the area. Fearn asks are there any comments fi-om the audience? Sharon Travis: I live right across from the shed. I'm ok with the garage, it would be a plus for me so 1 wouldn't have to see all their equipment. They keep it pretty nice but there is a lot of staff needed to keep up a MHP. Fearn: we will close the public part of the hearing and as a board will answer the 5 questions. Motion made by: Curtis to close at 7:35 PM Second: Fearn- Yes All in favor - Yes Insert email from Town Highway Superintendent next Dave Sprout From: Rick Young Sent: Tuesday, July 18, 2017 7:25 AM To: Dave Sprout Subject: RE: lilac lane pole barn That would be fine to put it 11' off the ROW From: Dave Sprout Sent: Monday, July 17, 2017 3:56 PM To: Rick Young <RYoung@dryden.ny.us> Subject: lilac lane pole barn Mi Rick, Can you provide a message stating that you're okay with the location of the proposed barn on Lilac Lane. It will be 11' from the ROW. Thanks, Dave A. 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: Minor undesirable change but neighbors have pointed out that there would be a negative impact and visual enhancement of new structure and equipment being kept under cover. Motion made by: Curtis - Yes Second: Slater- Yes All in favor - Yes B. 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: There is but cost would be disproportional to any benefit to the community. Motion made by: Curtis - Yes Second: German- Yes All in favor - Yes C. IN CONSIDERING WHETHER THE REQUESTED AREA VARIANCE IS SUBSTANTIAL. THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS: Yes it is substantial at 11 feet vs. 50 feet, the property is the last property on a dead end road that has little chance of further development. The only other person affected by this project is here and in support of the project for the overall improvement of the view. Motion made by: Slater- Yes Second: Curtis - Yes All in favor - Yes Curtis again states that we have dealt with this 50 ft. setback from the right of way line, just about every time and we request that the Planning Board re -visit this zoning Ordinance. D. 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 see all above Motion made by: Slater - Yes Second: Fearn - Yes All in favor - Yes E. IN CONSIDERING WHETHER THE ALLEGED DIFFICULTY WAS SELF-CREATED. THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS: Yes, bttt there is no feasible alternative Motion made by: German - Yes Second: Slater- Yes All in favor - Yes Fearn: this area variancc is SEOR exempt tvne II action nart 617.5c-12 Motion made by: Fearn Second: Ward- Yes All in favor - Yes Slater moves that we Grant the Variance with one condition that there be no outside storage permitted on the front or side yard. Second: Fearn- Yes All in favor - Yes Congratulations you have your variance Motion made by: Fearn to adjourn meeting 7:46 PM Second: Curtis- Yes All in favor - Yes Respectfully submitted, Joy Foster, Recording Secretary 9-6-17 jmf