HomeMy WebLinkAbout1983-04-05Zoning Board of Appeals
Town of Dryden
The Zoning Bd. of Appeals met on April 5th, 1.983 at
sent were K. Marquis C. Hatfield B Keech and Z 0 S
to
904
of the Town
I
Zoning Ordinance.
, .
,
.. . .
This Dearing was
for the
application
of
Ann Latsha
build a house at 31
Monkey
Run Rd.
to seek
a variance
of the Town
of Dryden
Zoning Ordinance.
Bob Keech
looked over
the site for the
proposed
meeting. Ann Latsha's neighbor Mr. Hugh Holley, of
present and was in favor of granting this variance.
tions and a vote was taken.
Vote- All yes.
Decision- Variance granted.
April 5th, 1983
7:30 pm. Members pre
Stewart.
of 31 Monkey Run Rd.
for area, Section
building before this
25 Monkey Run Rd. was
There were no other ques-
Old Business
Mahlon-Perkins, Town Attorney, was present to tell the ZBOA what he knew
from a legal standpoint about David Neish, of 1000 Irish Settlement Rd.
Fir. Loren Hardesty had a parcel of land to sell on Irish Settlement Rd.
to some people named Schuttenburg. The parcel had frontage on both Irish
Settlement Rd. and Midline ltd. On Feb.22nd,1982, Mr. Schuttenburg came to
Sib Stewart and made out an application for a building permit to build a framed
dwelling and a building hermit was granted to Hardesty (permit #382). Three
days later Hardesty closed on his sale to Schuttenburg where he sold off all
this land he claimed he owned on the application and left himself with insuff-
icient road frontage on which to put a dwelling, Mahlon Perkins represented
Schuttrinburg when he bought from Mr. Hardesty. On March 4th, Sib Stewart
wrote a letter to Hardesty revoking the building permit saying he had misrepre-
sented what he had. Hardesty went ahead and put a mobil home on the property
without a building permit and was also in violation becauFe it was for a framed
dwelling. On Nov. 12th, letters, certified, were sent to Hardesty and Neish.
The letter to Hardesty was received but, the one to Neish was never picked up.
On Nov. 24th, Hardesty sold this property to Neish, apparently without telling
Neish about the building permi't. On Dec. 15th, Sib and Mahlon became aware of
the transaction that ocurred on Nov. 24th, for the first time.
Hardesty also used a sewage construction permit from another lot which
lie supposedly allowed Mr. Neish to think he had a Health Dent. permit.
Mahlon said he feels there is no defense to Mr. liardestv's actions. Mr.
Neish claims he was a good faith purchaser.
Bob Keech asked what should be done about Neish (March lst,1983 ZBOA mtg).
Mahlon said if the ZBOA believes he was a food faith purchaser, then a vari-
ance could be granted. However, he stressed that Mr. Hardesty should, by a
recommendation from this Bd. to the Town Board, he made accountable for his
actions as he ignored all of the 'T'own's ru.l.es.
A unanimous recommendation came from the ZBOA to the Town Board that
Loren Hardesty be_nrosecuted for all of those rippareut violations of the Town_
of Dr;u'en Zoning Ordinance.
The decision for Mr. Neish was not decided in hopes more could he learned
that he dill act :ln good faith as far as a purchaser.
The mect.ing adjourned at 8:45 pm.
Kuspectfi.iIIV submitted,
.Jane Koel.scl