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HomeMy WebLinkAboutZBA 2023-04-11TOWN OF DRYDEN Zoning Board of Appeals April 11, 2023 via Hybrid Approved 6-6-23 1 Members Present: Janis Graham (Chair), Henry Slater, Ben Curtis Absent: 0 Others Present: Ray Burger Director of Planning, Joy Foster (Zoom) Recording Secretary, Residents: Steven Stamps and Pamela Westerling, applicants and Harry and Amy Simrell. Zoom: 0 Meeting called to order at 6:00 PM Chair Graham motions after confirming that those in attendance have received the legal notice to waive the reading of the public notice: Second: Slater - Yes All in favor – Yes NOTICE that the Zoning Board of Appeals of the Town of Dryden will conduct a Public Hearing to consider the application of Pamela Westerling and Steven Stamps for an area variance at 340 Bone Plain Road, Tax Parcel 22.-1-22. This parcel is in the Rural Agricultural zoning district and the Code of the Town of Dryden prohibits placement of accessory structures in the front yard. Applicant requests a variance to place a 1200 sq ft garage in the front yard. SAID HEARING will be held on Tuesday April 11, 2023 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 April 10 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. 2 Applicant has nothing further to add. No audience comments. Curtis Motions: to close the public part of the hearing: Second: Slater - Yes All in favor – Yes The Board has no questions. 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: The ZBA finds the change would be in keeping with the character of the neighborhood and will have no visual impact on the neighboring properties. 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: The site is composed of an abundance of big inclines and descents and thus presents a variety of building challenges. So, although the benefits could be achieved in another way, the burden on the applicant to re-site the structure would be wildly disproportionate to the benefits to the community. Motion made by: Curtis- Yes Second: Slater - Yes All in favor – Yes 3 C. IN CONSIDERING WHETHER THE REQUESTED AREA VARIANCE IS SUBSTANTIAL. THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS: Whether the requested variance is substantial or not is somewhat inconsequential given that the proposed accessory building is not in the required front yard and will not be visible from the road. Motion made by: Graham - Yes Second: - Slater - 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: The garage is sited in such a way as to minimize the removal of trees and to take advantage of access from the existing driveway. Given this, the ZBA finds the impact on the physical of environmental conditions is likely to be small. Motion made by: Graham - Yes Second: Slater - Yes All in favor – Yes E. IN CONSIDERING WHETHER THE ALLEGED DIFFICULTY WAS SELF- CREATED. THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS: The ZBA finds the difficulty was self-created in that the applicant knew the zoning rules and still chose to build, but also finds that the placement of the garage will not have a negative impact on anyone living nearby (and, in fact, the applicant presented signatures from 9 neighbors who had no objections). In addition, given the topography of the lot, the applicant has limited choices as to siting. Motion made by: Graham - Yes Second: Slater - Yes All in favor - Yes Motion made by: Curtis to classify this as SEQR exempt type II action 617.5©(12) Second: Graham - Yes All in favor - Yes 4 Decision to Grant Variance: Motion made by: Graham to Grant this Variance as requested with the following single condition: 1. The structure will not be any closer than one hundred feet from the front property line. Second: Slater- Yes All in favor – Yes Congratulations variance granted. Approve minutes from 1-3-23. Curtis would like to note that 2 corrections should be made to questions B and D. 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: The structure, which the applicant describes as a pole barn, could be placed elsewhere, but its proposed location is optimal given its function as storage and its accessibility to the existing driveway. There would be no apparent benefit to the community from placing it on another site; requiring it to be placed elsewhere would put an undue burden on the applicant. 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’s a small accessory building and its construction will not adversely impact the environment. Motion made to approve Jan 3, 2023 minutes with the above corrections made by: Curtis- Yes Second: Graham- Yes All in favor - Yes Graham Motion to adjourn 6:35 PM Second: Slater – Yes All in favor – Yes