The URL can be used to link to this page

Home My WebLink About2019-10-08TOWN OF DRYDEN Zoning Board of Appeals October 8, 2019 Members Present: Jeff Fearn (Chair), Ben Curtis, Mike Ward, Henry Slater, Janis Graham Absent: 0 Others Present: Ray Burger Director of Planning. Joy Foster Recording Secretary Residents: Craig Anderson, Cheryl Petrulis, Rob Munroe, Mahlon Perkins, Karla Munroe, Rohn Brown, Sudnikovich & DeCarlo Meeting called to order at 6:06 PM 717 N Wood Rd. Area Variance Applicant: Pete Parks Chair Fearn reads the public notice: NOTICE that the Zoning Board of Appeals of the Town of Dryden will conduct a Public Hearing to consider the application of Pete Parks for a variance to allow a garage/carport in the front yard, at 717 North Wood Road, Tax Parcel ID # 22.-1-27.31. Town Zoning Law prohibits placement of an accessory structure in front yards. SAID HEARING will be held on Tuesday, October 8, 2019 at 6:00 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. Fearn: asked applicant if he had anything further to add? Applicant: Pete Parks has nothing more to add. Fearn: are there any questions or comments from the board Board: Adds that they did a site visit and its pretty straightforward where the garage will go it will be setback 200 feet down driveway. It's the most practical placement with the uneven and wet land, and where septic and propane is. Garage will be replacing the temporary tent structure. Fearn: we received 2 letters from a neighbor and some emails, they will be included in the minutes. a /s Charlotte sunland1940@yahoo.com Sat. 8/31/19 at 11:23 AM strongly opose frount yard garage for 717 N wood rd it seems he has a driveway where a garage could be placed near his home he also uses his mother garage for a boat and has a removal tent like garage where he stores a car does notbelong on a frount yard but see no reason could not be where driveway ends nearhouse Charlotte sunland1940(@yahoo.com Sat. 8/31/19 at 11:19 AM I stronly oppose the issue of a varriance tp pete parks 717 N wood fr freeville Ny 13068 he has a garage he uses at his mothere property and he also has a tent like garage on his property he will be obstrucking the road view and causing a eye sore Charlotte sunland19406Dyahoo.corn Sat. 8/30/19 at 4:31 PM he has 2 garages he uses now a tent like one and his mothers he has lots of room to place behind or nest to his mobile home or end of driveway not in frount yard whch would obscurte the view of traffific coming or going down rd it would be an eye sore he has been sited for vechicles in the past and was letting his trash blow in the road recycle stuff he has put up carmera on the nyseg poles which pointed inot road had to betaken down he has a serious mental proble he almost hit me for telling him to get a better container for his recycle stuff I did have police come he only owns the land with his mother arliene parks Kirsty lundy ows the mobile home Charlotte sunland1940@yahoo.com Sat. 8/30/19 at 4:24 PM I am aganist this because he has 2 garages for his use now one he houses a boat the other an older car A 4 -lig & gj-c� tr �u r 0 d''°"' 'tom, �� ttcn atv� ht:. gq*-�u� �� aee �� ,.z�, sd. Y/e� Ms. Charlotte A. S,nderlaad 711 Food Rd FreeviUe, NY 13068 C. Sunderland 711 Wood Rd Freeville. NY 13068-9726 0-4a CZA" r---` s 1 r v►I. i CA Sum Board addresses the letters and the neighbors concern. She talks about applicants recycling, junk in front yard, his actions with her, says garage could be placed elsewhere. Most of the things neighbor talks about has nothing to do with the variance request. The junk she talks about are items that will be placed in the garage, like boat, and kids 4 -wheelers. Her concern is that another structure will be built when there are several already. Applicant states that the tent structure will either be taken down or removed to the far back of yard, so the new garage will clean the area up and improve the appearance. ATTACH CO. Letter Curtis 6:17 pm motion to close the public part of the hearing and as a board will answer the S questions. Second: Fearn 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: There are buildings and garages of similar type that are closer to the road in the neighborhood as well the garage will contain items in the yard. The normal setback is 50' this garage will be about 200'back from the road. Motion made by: Fearn - Yes Second: Curtis- 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: Yes, but the applicant has shown the wetlands and where his septic is, and the benefit of other choices would be a disproportional burden on applicant. Motion made by: Curtis - Yes Second: Graham- Yes All in favor - Yes C. IN CONSIDERING WHETHER THE REQUESTED AREA VARIANCE IS SUBSTANTIAL. THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS: Yes, is substantial for the size of the structure in the front yard but then its being placed so far back that its impact is very minimal. Motion made by: Curtis- Yes Second: Ward - 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: Low impact on physical or environmental then what's existing, common site in the neighborhood, and being so far back will have no effect. Motion made by: Ward- Yes Second: Curtis- 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 above. Motion made by: Fearn- Yes Second: Ward Yes All in favor - Yes Motion made by: Curtis to classify this SEOR exempt tvve 11 action part 617.5c-10 Second: Fearn- Yes All in favor - Yes Grant variance Motion made by: Slater to Grant Variance as requested based on the findings. Second: Ward- Yes All in favor - Yes 6:25 PM Tompkins County DEPARTMENT OF PLANNING AND SUSTAINABILITY 121 East Court Street Ithaca, New York 14850 Katherine Borgella, AICP Telephone (607) 274-5560 Commissioner of Planning and Sustainability August 27, 2019 Dave Sprout, Code Enforcement Officer Town of Dryden 93 East Main St. Dryden, NY 13053 Re: Review Pursuant to §239 -1, -m and -n of the New York State General Municipal Law Action: Area Variance for proposed front yard carport at 717 North Wood Road, Town of Dryden Tax Parcel #22.-1-27.31, Pete Parks, Owner/Appellant. Dear Mr. Sprout: This letter acknowledges your referral of the proposal identified above for review and comment by the Tompkins County Department of Planning & Sustainability 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, Katherine Borgella, AICP Commissioner of Planning and Sustainability Inclusion through Diversity 6:26 PM Fearn reads next legal for 438 Lake Rd. NOTICE that the Zoning Board of Appeals of the Town of Dryden will conduct a Public Hearing to consider the application of Lori Hill and Carolvn Chow for 56 feet of relief from the 298 -foot building setback at 438 Lake Road, Tax map #49.-1-30.24. The house was constructed at that site setback 242 feet from the road by mistake. This places the home in the area of a conservation easement that specified that no homes were to be built within 298 feet of the road. SAID HEARING will be held on October 8, 2019 at 6:15 nm 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. Attorney Peter Walsh for True, Walsh & Sokoni, LLP speaks on his finding for the Resolution that he has prepared, saying that Due to the chain of events there is no adverse decision to be appealed from and thal the ZBA doesn't have jurisdiction to hear this case and that it should go to the Planning Board to hear. Fearn: to audience, that we will not have a public hearing on this, the Zoning Board is not the proper place to decide on this matter. The next Planning Board meeting will be NDr.-4. oc=T Z3 Id— Fearn reads the Resolution into the minutes Zoning Board makes minor amendments to the resolution Slater motions to accept this resolution as amended Second: Graham All in favor: Yes Fearn motions to adjourn, 6:52 PM Second: Graham All in favor: Yes ZONING BOARD OF APPEALS TOWN OF DRYDEN Resolution WHEREAS, the Board has received from Mr. Matthew J. Haney, of Carina Construction Services of Ithaca, Inc. as agent for Lori Hill and Carolyn Chow, property owners, an application dated September 26, 2019 for an area variance for premises located at 438 Lake Road in the Bluebird Subdivision Plat, Town of Dryden Tax Map Parcel No. 49.-1-30.2 (the "Property"); and WHEREAS, on June 22, 2017, the Planning Board of the Town of Dryden approved the Bluebird Subdivision as a conservation subdivision pursuant to Article IX of the Town of Dryden subdivision law, of which subdivision the Property is a part; and WHEREAS, the plat for said conservation subdivision was signed by the Planning Board Chair on July 27, 2017, and WHEREAS, the owners of the Property applied for and received from the Town a building permit for the construction of a residence on the Property; and WHEREAS, on March 26, 2019 the Town granted to the Property owners a building permit for construction of a residence on the Property; and WHEREAS, the residence was constructed on the Property pursuant to the building permit granted; and WHEREAS, the Town on August 22, 2019 issued a Certificate of Occupancy for the residence as constructed; and WHEREAS, it now appears that the residence as constructed is not in compliance with certain requirements of the conservation subdivision as approved by the Planning Board; and WHEREAS, the Zoning Board has jurisdiction pursuant to subdivision one of NYS Town Law § 267-b to hear and decide appeals taken from a decision of an administrative official charged with the enforcement of the Zoning ordinance or local law'; and ' . 1. Orders, requirements, decisions, interpretations, determinations. The board of appeals may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, interpretation or determination appealed from and shall make such order, requirement, decision, interpretation or determination as in its opinion ought to have been made in the matter by the administrative official charged with the enforcement of such zoning ordinance or local law and to that end shall have all the powers of the administrative official from whose order, requirement, decision, interpretation or determination the appeal is taken. WHEREAS, the application does not seek to reverse or modify a determination of an administrative official and it therefore appears that the Zoning Board is without jurisdiction to entertain the application; it is hereby RESOLVED, that the application is DENIED for lack of jurisdiction by the Zoning Board, but WITHOUT PREJUDICE to the applicant's right to convert the application into an application to the Town Planning Board to modify the conditions of the Bluebird Subdivision as they may apply to the Property, or for such other or further relief as to the applicant may seem appropriate in the circumstances. MOTION BY: Slater to accept as amended SECOND BY: Graham Votes: All in favor Dated: 10-8-19