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HomeMy WebLinkAbout2022-06-07TOWN OF DRYDEN Zoning Board of Appeals June 7, 2022 via Hybrid Approved 10-18-22 1 Members Present via Zoom: Janis Graham (Chair), Henry Slater, Karl Kolesnikoff, Ben Curtis Absent: Others Present: Ray Burger Director of Planning, Joy Foster (Zoom) Recording Secretary, Residents: 0 Meeting called to order at 6:00 PM Chair Graham 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 Edward and Iris Brothers for a variance to allow construction of a garage in the front yard, 65 feet from the road at 3 Sunset West, Tax Parcel ID 42.-1-40.14. The Code of the Town of Dryden prohibits placement of accessory structures in front yards. SAID HEARING will be held on Tuesday June 7, 2022 at 6:00 pm at Dryden Town Hall, 93 East Main Street, Dryden, NY 13053 at which time all interested persons will be given an opportunity to be heard. You can either attend the hearing in person or remotely. To attend remotely you connect to the hearing via internet or telephone. Details on how to connect will be posted June 6 to the Town website at: dryden.ny.us You can also submit comments prior to the meeting or request meeting details by email to: planning@dryden.ny.us Individuals 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. Applicants have nothing further to add, and there are no other comments or residents present to speak. 6:15pm Graham moves to close the public part of the hearing, and the Board will now answer the 5 questions. Second: Kolesnikoff 2 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: No undesirable change would be produced, nor would any detriment to the character of the neighborhood be created. The proposed garage would be well screened and is sited more than 50 feet from the road ROW. Motion made by: Graham - Yes Second: Kolesnikoff- 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 are other places on the parcel that would meet zoning requirements, but given the topography of the parcel, which has a steep drop-off into a seasonal stream, this is the most reasonable place. The proposed site is adjacent to the existing driveway and does not involve removal of existing large trees. 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: The Board finds it not substantial because the proposed structure is not in the required front yard. Motion made by: Curtis - Yes Second: - Slater - Yes All in favor – Yes 3 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: It is modestly sized and will be well screened by trees from the road, so there will be little visual impact. It will have little to no impact on drainage, water or other environmental conditions. Motion made by: Curtis - Yes Second: Graham - Yes All in favor – Yes E. IN CONSIDERING WHETHER THE ALLEGED DIFFICULTY WAS SELF- CREATED. THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS: Yes, it is self-created, but there doesn’t appear to be any benefits to choosing an alternative site (and there would likely be considerable additional expense) given the topography of the parcel, and the limitations imposed by the location of existing utilities and septic system. Motion made by: Graham - Yes Second: Curtis - Yes All in favor - Yes Motion made by: Slater to classify this SEQR exempt type II action part 617.5c- 12 Second: Curtis - Yes All in favor - Yes Decision to Grant variance: Motion made by: Graham to Grant this Variance as requested. Second: Curtis - Yes All in favor – Yes 4 Chair Graham 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 Milo Inman for a variance to allow construction of an accessory structure in the front yard, 200 feet from the road at 105 Caswell Road, Tax Parcel ID 33.-1-33.24. The Code of the Town of Dryden prohibits placement of accessory structures in front yards. SAID HEARING will be held on Tuesday June 7, 2022 at 6:15 pm at Dryden Town Hall, 93 East Main Street, Dryden, NY 13053 at which time all interested persons will be given an opportunity to be heard. You can either attend the hearing in person or remotely. To attend remotely you connect to the hearing via internet or telephone. Details on how to connect will be posted June 6 to the Town website at: dryden.ny.us You can also submit comments prior to the meeting or request meeting details by email to: planning@dryden.ny.us Individuals 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. Applicant: • Shows where the placement of the future proposed pond will go and that he has been in contact with the immediate neighbor. • Yurt is at least 100’ from sideline. • Yurt will have electricity and a shared septic with the primary house. • Yurt is for personal use not for rental. 6:15pm Graham moves to close the public part of the hearing, and the Board will now answer the 5 questions. Second: Curtis All in favor - yes ADD 239 5 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 would be no detrimental change to the character of the neighborhood (which currently consists of large, mostly undeveloped lots) because the proposed structure would not be visible from the road or adjacent lots. Motion made by: Curtis - Yes Second: Graham- 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 may be other places on the property for this structure to be placed that would meet zoning requirements. But the structure will be 200 feet from the road and be well screened by existing trees. In addition, the applicant has considered soil, water, slope, and drainage conditions of the site and determined that this is the best location. Motion made by: Curtis- 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: The Board finds it to be “not substantial” because the proposed structure will be 200 feet from the road and thus is not in the required front yard Motion made by: Curtis - Yes Second: - Graham - Yes All in favor – Yes 6 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: The Board finds the project would have little to no adverse effect or impact on the physical or environmental conditions. The applicant appears to have carefully considered the existing natural conditions and limitations of the site (water, soil quality, drainage, et al) and to have designed the project with an eye to not causing damage. Motion made by: Graham - Yes Second: Kolesnikoff - Yes All in favor – Yes E. IN CONSIDERING WHETHER THE ALLEGED DIFFICULTY WAS SELF- CREATED. THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS: Yes, it is self-created. However, see A, B, C & D, above Motion made by: Kolesnikoff - Yes Second: Graham - Yes All in favor - Yes Motion made by: Graham to classify this SEQR exempt type II action part 617.5c- 12 Second: Slater - Yes All in favor - Yes Decision to Grant variance: Motion made by: Curtis to Grant this Variance as requested with no conditions. Second: Graham - Yes All in favor – Yes 7 Chair Graham 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 Suzanne Kuntz for a variance to allow placement of two accessory structures in the front yard, 65 feet from the road at 2012 Dryden Road, Tax Parcel 39.-1-17.33. The Code of the Town of Dryden prohibits placement of accessory structures in front yards. SAID HEARING will be held on Tuesday June 7, 2022 at 6:30 pm at Dryden Town Hall, 93 East Main Street, Dryden, NY 13053 at which time all interested persons will be given an opportunity to be heard. You can either attend the hearing in person or remotely. To attend remotely you connect to the hearing via internet or telephone. Details on how to connect will be posted June 6 to the Town website at: dryden.ny.us You can also submit comments prior to the meeting or request meeting details by email to: planning@dryden.ny.us Individuals 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. Applicant: Bruce Kuntz • Place 2 prebuilt sheds close to house on slab. No electric just for storage. • Current structure there is a business, a print shop, 3-bedroom house, bath, kitchen. • For the past few years place has been a business. Bought as a business from people who ran a Malt shop in the barn. They lived in the house or rented it out. • This is a Mixed-Use Commercial District • This may need a Site Plan Review if this is a new business. • Looks like the last use was residential, so this would be converting from Residential to Commercial and there will be lots of building codes that will need to be addressed. • Prior to coming before the ZBA, Planning Board to review if Site Plan Review is needed. Graham: moves to adjourn to continue this hearing at the next ZBA meeting. Second: Curtis All in favor - Yes Graham: moves to approve the minutes from our last meeting of May 3, 2022 Second: Curtis All in favor - Yes Curtis Motions to adjourn Second: Graham – Yes All in favor – Yes 8