The official copy of the Zoning Board of Appeals minutes are available at the Town Clerk’s Office. These minutes may differ from the official minutes in formatting or spelling. For more information contact:
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Bambi Hollenbeck
Address:
93 East Main Street
Dryden, NY 13053
Phone:
607-844-8888
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townclerk
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Town of Dryden Zoning Board of Appeals
January 3, 2006
Members Present: Chair Oers Kelemen, Paul Lutwak, David Sprout and John Goodrow
Others Present: Mike Merola, TC3 Foundation Director of Foundation, Henry Slater and Kristin Strickland
Agenda: TC-3 Variance of Section 1401.1 (Off-street Parking)
O. Kelemen Opened the meeting and asked if any new public comment.
H. Slater Stated that the public had remained quiet through this project.
P. Lutwak What about this letter from TG Miller’s saying that everything has been addressed except one thing.
H. Slater This would be consistent with the Town Board approval because the Standard Conditions of Approval and one of those is that the applicant when granted a Special Use Permit has to conform to all applicable jurisdictional authorities that happens to have to do with the Stormwater Management. That will come around between Millers and the Zoning Office that will be overseen.
O. Kelemen Any further discussion from last month?
D. Sprout The Town indicated that this is just Phase One and TC3 must reapply for each additional phase.
P. Lutwak What if they never did go any further than this one building.
J. Goodrow There was a comment if there was some situation it would be in their best interest to solve it whether it would be to add or use existing spaces.
O. Kelemen Are we ready to proceed to the findings. The public hearing is now closed. 7:40PM
H. Slater Note that the NEGATIVE SEQR DECLARATION was provided by the Town Board on December 8th, 2005 this can be referenced by an attached document.
APPLICANT: TC3 Foundation
•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:
Given the character of the campus, as is, no negative comment from the public by having parking lot smaller there is less impact.
Motion: J. Goodrow Second: D. Sprout
In Favor: 4
•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:
No, an area variance is the only means by which reduced parking spaces can be achieved.
Motion: J. Goodrow Second: D. Sprout
In Favor: 4
•C. IN CONSIDERING WHETHER THE REQUESTED AREA VARIANCE IS SUBSTANTIAL. THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS:
Yes, while the variance is substantial the information provided in the original application by TC3’s informal study shows there are adequate existing parking spaces to address the difference.
Motion: P. Lutwak Second: D. Sprout
In Favor: 4
•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:
See “A” by allowing the variance there is less environmental impact.
Motion: D. Sprout Second: J. Goodrow
In Favor: 4
•E. IN CONSIDERING WHETHER THE ALLEGED DIFFICULTY WAS SELF-CREATED. THE ZONING BOARD OF APPEALS FINDS AS FOLLOWS:
Yes
Motion: J. Goodrow Second: P. Lutwak
In Favor: 4
THIS VARIANCE IS AN EXEMPT/ NON-EXEMPT ACTION UNDER SEQR SECTION 617.5(c) 12 & 13 see attached copy
This Variance is NON-EXEMPT see SEQR Determination done by Dryden Town Board during the Special Permit Hearing held on December 8th, 2005 see attached copy.
Motion: O. Kelemen Second: D. Sprout
In Favor: 4
DECISION: VARIANCE GRANTED, as requested,
Motion: David Sprout Second: Paul Lutwak
In Favor: 5
VARIANCE GRANTED WITH CONDITION LISTED BELOW:
This variance is conditioned upon conformance with the Town Board Special Use Permit authority of 12-8-2006
Motion: J. Goodrow Second: D. Sprout
In Favor: 4
Meeting Closed 8:00PM
