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HomeMy WebLinkAbout2019-01-29 Approved ZBA Minutes APPROVED Town of Lan s i n g Zoning Board of Appeals Meeting Tuesday, January 29, 2019 6:30 PM Present Absent Judy Drake Maureen Cowen Linda Hirvonen Peter Larson III Henry (Hurf) Sheldon, Chairman Melanie Malone, Alternate Other Staff Present Paul Sylvestri, Town Attorney Laura Smith, Town Attorney Elizabeth Brucie, Stenographer Lynn Day, Code Enforcement Officer Tom Butler, Planning Board Alternate Joe Wetmore, Town Board Member Sandy Conlon, Planning Board Katrina Binkewicz, Town Board Liaison Public Present (65) Signed In Flint Brann Dan Broadway Dan Hoffman Nick Valek Thomas Shelley Reenie Sandsted Robert Rieger Veronica Ligon Emily Tracy Charles Guard Sharon Gombas Burt Fortner Stephen Simpson Mark Sacco Jack Marshall Gregory Lawrence Michelle Bachelor Dextr Prah John Sujko Keith Armstrong Tom Bossack Karen Edelstein M... ....h (sp?) Lisa Ruzicka Tim Farrell Don Howell Richard Leonard Gerald Belden Dan Card Tom Kobela Scott Hicks Ron Robbins Rick Marshall Chuck Smith Karl Kohlenberg Patricia Barnes Dave Barnes Lee Hatfield Pat Card Shawn Brann Gary Argetsinger Matt Chapple Stephanie Zerilli Bob Sibert Scott Burke Shane Karr Roger Ward David Hatfield Pat Pryor Charles Neff Jade Avcidiacono Steve Rankin Tom Milbyer Judy Barbash Dan Veaner Hillary Lambert John Burger Gay Nicholson Burt Bland Brian Eden Steven Smith Ruth Hopkins Emoretta Yang Cheyenne Carter Michael Koplinka Loehr General Business Chairman Henry (Hurf) Sheldon Opened the meeting of Tuesday,January 29, 2019 at 6:32. All those in favor? (Motion Carried) Motion to Approve the Zoning Board of Appeals Minutes for December 18, 2018 Meeting_ Judy Drake made a motion to Approve the December 18,2018 Minutes. Linda Hirvonen seconded the motion: All in Favor -5 Opposed - 0 Pagel of 3 APPROVED Chairman Henry (Hurf) Sheldon welcomed a new member of the Board, Melanie Malone as the new ZBA Alternate. Public Hearing Notice was Published in the Ithaca Journal as required and on the Town Website on January 14, 2019. The meeting documents were published the Town Website on January 22, 2019. The Chair asked those visiting tonight's meeting to please sign in on the signup sheet at the back table and if you want to speak during the Public Hearing, there is a separate sheet. The Chair asked if there is anyone on the board who feels so strongly that they are unable to be impartial about one side of this or the other, that they are unable to make on objective decision? Melanie Malone recused herself and took a seat in the audience. The Chair read a curative remark to all ZBA members: "The public remarks from December 18, 2018 are not to be considered in the appeal or review, and that the determination and deliberations of the ZBA will be limited to the proper record and public hearing only. Each member should agree and assent on the record. " Linda Hirvonen: Yes Maureen Cowen: Yes Peter Larson: Yes Judy Drake: Yes Hurf Sheldon: And I assent as well Following Documents are on the record: - October 12, 2018 Zoning Interpretation and Determination in RE: to the gun club by CEO relating to the building permit. - The application for an appeal of the CEO's determination of October 12, 2018 from Lisa Ruzicka and Tim Farrell plus Citizens for a Healthy Salmon Creek Watershed. - Document dated January 14,2019 is a letter from Damon Barclay, Attorney from the gun club and its attachments. - January 22, 2019 is a memorandum to the Town of Lansing ZBA from the code enforcement officer as a response to the complaint. - Board Members that made an onsite visit: o Hurf Sheldon walked the property, the other board members viewed as they drove down the road. Attorney, Michael Perehinec presented the Ruzicka's case followed by Lisa Ruzicka, Tim Farrell and Gay Nicholson. Transcript is on file in the Town of Lansing Code Office. Lynn Day the Town of Lansing Code Enforcement Officer presented his case. Transcript is on file in the Town of Lansing Code Office. Page 2 of 3 APPROVED Andrew Leja the Attorney from Barclay Damon Law Firm here on behalf of the Lansing Rod and Gun Club to state their case. Transcript is on file in the Town of Lansing Code Office. The Chair requested that anyone wanting to speak during the Public comment portion to please sign in on the signup sheets available. A reminder of some ground rules: - Comments are accepted from people who are on the signup sheets. - Each person is restricted to three minutes. - No defamatory talk about any of the other parties involved. Please refrain from applause. - If a problem arises, we will have tonight's constable Scott Ferris help you find your car. The Floor is open for Public Comments on the Appeal filed by Lisa Ruzicka,Tim Farrell and Citizens for a Healthy Salmon Creek Watershed seeking review and reversal of one or more zoning interpretations and the issues of zoning and code enforcement officer. Twelve public comments were given during the open floor. Transcript is on file in the Town of Lansing Code Office. The Public Hearing will be kept open until the Zoning Board of Appeals next meeting on February 19, 2019 at 6:30pm in the Town of Lansing Board Room. The board will accept written comments to the board sent to tolcodes@lansingtown.com or dropped off to the Lansing Town Hall Code Office at 29 Auburn Road until February 12, 2019. The Appellant, Attorney Perehinec and Respondents, Lynn Day and Attorney Leja have no further comments at this time. Motion to continue the public meeting hearing until the next ZBA meeting on February 19, 2019. Peter Larson made a motion to continue the public meeting hearing to the next ZBA meeting on February 19, 2019. Maureen Cowen seconded the motion. Linda Hirvonen: Aye Maureen Cowen: Aye Peter Larson: Aye Judy Drake: Aye Hurf Sheldon Aye Chairman Henry (Hurf) Sheldon asked if there was any other business. Adjourn Meeting Meeting adjourned at the call of Chairman Henry (Hurf) Sheldon at 8:53 pm. Minutes executed by Sue Munson Transcript taken and executed by Elizabeth Brucie, RPR - The Transcript is on file in the Town of Lansing Planning and Code Office. Page 3 of 3