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Home My WebLink About2013-11-19 ZBA MinutesTown of Lansing Town of Lansing Tuesday, November 19, 2013 7:00 PM, Zoning Board of Appeals Meeting ZONING BOARD OF APPEALS MEMBERS (*Denotes present) *Gregg Travis, Chairman*Linda Hirvonen*Dan Konowalow *Henry (Hurf) SheldonDonna Scott, Alternate *Judy Drake *Ruth Hopkins, Town Board Liaison Lorraine Moynihan Schmitt, ZBA Attorney * Lynn Day, Zoning Officer PUBLIC PRESENT Amy Newman Eric Clay Joyce Bennett Richard Prybyl GENERAL BUSINESS Chairman Gregg Travis called The Town of Lansing Zoning Board of Appeals Meeting to order at 7:00 PM and reviewed the Agenda with the Public. Chairman Travis acknowledged the Legal Notice was duly published in The Ithaca Journal as required. Public Hearing – Application for an Area Variance – Applicant: Amy Newman, 281 Bill George Road, Tax Parcel # 24.-4-2 Daniel Konowalow moved to open the Public Hearing on the Application at 7:04 PM. Linda Hirvonen seconded the motion and it was carried by the following roll call vote: Vote of Zoning Board . . . (Aye) Judy Drake, Member Vote of Zoning Board . . . (Aye) Linda Hirvonen, Member Vote of Zoning Board . . . (Aye) Daniel Konowalow, Member Vote of Zoning Board . . . (Aye) Henry Sheldon, Member Vote of Zoning Board . . . (Aye) Gregg Travis, Chair Application Discussion Applicant Amy Newman is requesting an Area Variance in order to demolish a non conforming structure that is currently crossing a property line and rebuild with a foot print that is less than 90% of the existing structure. The required side setback is 25 ft. whereas the property is only 50 ft. wide. Ms. Newman is requesting a setback of 7.5 ft. The following maps indicate current conditions, and proposed; Member/ Public Comments/Concerns Gregg Travis inquired about the access to the property. Mr. Clay indicated the access is thru the Sweazey property. Linda Hirvonen inquired about the location of the septic system. According to Ms. Newman they are not sure, but think that it is located under the deck. The Tompkins County Health Department has indicated they did not document on their files the locations of where systems were installed for Mobile Homes back in 1975. The Health Department further indicated they have no problem with Ms. Newman using the existing system for a new two bedroom home. Lynn Day, Zoning Officer stated the Health Department does not have an issue with working systems unless they have been vacant for five (5) years. Mr. Day further stated this is not the ZBA’s jurisdiction, it is Tompkins County Health Department’s. Lynn Day, Zoning Officer advised the Members that Ms. Newman could rebuild a new structure on the same footprint without obtaining a Variance, however what she is trying to do is change the footprint and stay within their own property. Due to the size of the lot, they can’t do that and meet the setback. Gregg inquired about the water supply. Mr. Clay indicated it comes from the lake. Joyce Bennett, an adjacent neighbor has concerns with her existing easement of 10 ft. on the south side of Ms. Newman’s property. Ms. Bennett has been advised by her legal Counsel to make Ms. Newman and the Zoning Board of Appeals aware of the easement and there shall not be any structures placed within the easement. Members discussed concerns with regards to emergency vehicles entering the property. Members felt the setback area should be kept clear at all times if the Variance is approved and should be listed as a condition. Linda Hirvonen again reiterated that if approved she would like to have the condition(s) if any be placed in the deed. Mr. Travis advised the Members he still has not received a reply from the ZBA legal Counsel with respect to that. Henry (Hurf) Sheldon made a motion to close the Public Hearing at 7:22 PM on the Application. Judy Drake seconded the motion and it was carried by the following roll call vote: Vote of Zoning Board . . . (Aye) Judy Drake, Member Vote of Zoning Board . . . (Aye) Linda Hirvonen, Member Vote of Zoning Board . . . (Aye) Daniel Konowalow, Member Vote of Zoning Board . . . (Aye) Henry Sheldon, Member Vote of Zoning Board . . . (Aye) Gregg Travis, Chair The Zoning Board reviewed the following criteria: FINDINGS: 1. State whether an undesirable change in the neighborhood character will be created, and reason why: No.Will eliminate current encroachment on neighboring properties; will not be in NYSEG ROW, property also does not meet side or back setbacks. 2. State whether there is an alternative method to achieve what the Applicant desires, and reason why: Yes. Existing footprint could be used in whole or part. 3. Whether the requested Variance is substantial, and reason why: Yes. The request would be substantial in Variance to current regulations, but would be in keeping with structures in the neighborhood. 4. State would the Variance have an adverse impact on the physical or environmental conditions in the neighborhood, and reason why: No. 5. State whether the alleged difficult was self created and reason why: Yes. Dan Konowalow made a motion to approve the Variance as requested with the following condition; That no obstruction be placed in the setback space. Judy Drake seconded the motion and it was carried by the following roll call vote: Vote of Zoning Board . . . (Aye) Judy Drake, Member Vote of Zoning Board . . . (Aye) Linda Hirvonen, Member Vote of Zoning Board . . . (Aye) Daniel Konowalow, Member Vote of Zoning Board . . . (Aye) Henry Sheldon, Member Vote of Zoning Board . . . (Nay) Gregg Travis, Chair Approval/Denial of October 29, 2013 Minutes Linda Hirvonen stated she was present for the October 29, 2013 Meeting and did indeed vote all ayes. Linda Hirvonen made a motion to approve the Minutes as amended. Judy Drake seconded the motion and it was carried by the following roll call vote: Vote of Zoning Board . . . (Aye) Judy Drake, Member Vote of Zoning Board . . . (Aye) Linda Hirvonen, Member Vote of Zoning Board . . . (Aye) Daniel Konowalow, Member Vote of Zoning Board . . . (Aye) Henry Sheldon, Member Vote of Zoning Board . . . (Aye) Gregg Travis, Chair Approve/Deny 2014 Tentative ZBA Calendar Judy Drake made a motion to approve as submitted. Henry (Hurf) Sheldon seconded the motion and it was carried by the following roll call vote: Vote of Zoning Board . . . (Aye) Judy Drake, Member Vote of Zoning Board . . . (Aye) Linda Hirvonen, Member Vote of Zoning Board . . . (Aye) Daniel Konowalow, Member Vote of Zoning Board . . . (Aye) Henry Sheldon, Member Vote of Zoning Board . . . (Aye) Gregg Travis, Chair Ruth Hopkins-Town Board Liaison Ruth Hopkins distributed the most current proposed Sign Law to the Members for their review. Ms. Hopkins states this will be going before the Town Board at their Meeting tomorrow to set a Public Hearing for tentatively a December Meeting. It was requested that any Member that has comments/concerns get back to Ms. Hopkins with them as soon as possible or appear at the Town Board Public Hearing and voice your concerns. Daniel Konowalow states he has been on the Code Revision Committee for the last three months and this document is not the same as a previous version. The Zoning Board and the Planning Board did not have any major changes to suggest. This document has changed. Henry (Hurf) Sheldon agreed. Ms. Hopkins expressed the changes she is aware of such as, “Zones”. Lynn Day states the “Zones” came from the Revision Committee. Lynn Day explained the lighting of Signs was removed at the Town Board level after discussion at their working Meeting. Mr. Day explained the proposed sign laws now allows for each business in a residential district to have two (2) 32 sq. ft unlighted Signs for a total of 64 sq. ft. For an In-Home Business in a residential neighborhood the owner can have two (2) 16 sq. ft for a total of 32 sq. ft. For a Commercial Sign district, they can have two (2) 48 sq ft. for a total of 96 sq. ft. Directional signs are exempt. Billboards are not permitted. Telephone Pole signs are considered off premise signs and will remain. At this point in time, Mr. Day states the Code Office will not be dealing with any new signs erected on poles until such time that directional signs are allowed. Liaison End of the Year Report Ruth Hopkins inquired from the Members as to what they would like to see in her year-end report to the Town Board. The Members felt the following should be provided for the entire 2013 year; The property involved The Issue Type of Variance requested The decision Any conditions applied to Variance Issues needed to be addressed in the near future, such as conditions placed on property owner’s deed. How to enforce certain Variances Members requested from Lynn Day, the Zoning Officer that any future issues with respect to enforcement of conditions placed on properties as the result of a ZBA Variance be brought to the Zoning Board of Appeals for further discussion and guidance. Linda Hirvonen made a motion to adjourn the Meeting at 9:00 PM. Henry (Hurf) Sheldon seconded the motion and it was carried by the following roll call vote: Vote of Zoning Board . . . (Aye) Judy Drake, Member Vote of Zoning Board . . . (Aye) Linda Hirvonen, Member Vote of Zoning Board . . . (Aye) Daniel Konowalow, Member Vote of Zoning Board . . . (Aye) Henry Sheldon, Member Vote of Zoning Board . . . (Aye) Gregg Travis, Chair