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Home My WebLink About2004-01-29 i Town of L Thursday, January 29 , 2004 6 : 00 PM Zoning Board of Appeals ZONING BOARD OF APPEALS MEMBERS (*Denotes present) * Stephen White, Chairman * David Dittman Linda Hirvonen * Wayne Lucas * Daniel Konowalow * Ronald Bricker (Alt.) * i Richard G . Platt, Code Enforcement Officer * Bud Shattuck, Deputy Town Supervisor PUBLIC PRESENT Matthew Besemer Lansing, NY Thomas Besemer Lansing, NY • Dana Shipos Lansing, NY Patrick Higgins Lansing, NY Deborah Higgins Lansing, NY Bill Hinderliter Lansing, NY GENERAL BUSINESS Steven White, Chairman opened the meeting at 6 : 03 PM. Thomas Besemer, Public Hearing — Use Variance, Drake Road, Parcel # 360441AI , 36*441A2 , 36 .- IA2 and 35,443 . 12 Chairman Stephen White opened the Public Hearing at 6 : 04PM . Daniel Konowalow read the legal notice published in The Ithaca Journal. Thomas Besemer and son Matthew appeared before the board explaining that several of his parcels that front on Drake Road have been split by the new zoning. Part of the parcels are in what was the B1 , recently changed to a B2 , the other part is in the IR. The areas that are in the IR are beyond the 300 ' line aren ' t conducive to that use. Those sections of the Quarry' s reserve on Drake and Portland Point Road have all been mined out. The Besemer' s feel that the only use for that area would be Residential development. Our current Zoning allows for the line to be moved 50 ' one way or the • other. Mr. Besemer states he has approximately 1200 ' - 1300 ' of usable land . Amended 03/3/04 p 1 i Matthew Besemer stated that on parcel 36 . - 1 -9. 2 it goes all the way to the creek, they are requesting that only a section of that be granted a variance . Stephen White, Chairman clarified to the Besemer ' s and also for the record that the Zoning Board would issue a Variance, not change the Zoning. Thomas Besemer explained to the Zoning Board Members that he appeared before the Planning Board and it was suggested that he apply for a Variance on all the parcels as he intends to develop a low density Subdivision rather than visiting the Zoning Board every six months . Richard Platt explained to the Board that they need to consider that the Town will be putting water down Drake Road and with more houses the cost would be less to the individual homeowner. The resale value would also increase. Chairman White opened the floor up to the Public . Resident Dana Shipos inquired as to how many homes would be erected in that area. Mr. Shipos has lived on Drake Road for approximately 30 years and feels that he may end up losing his back view . Also, the traffic is plentiful already and this would only enhance it. Thomas Besemer stated he is unsure just how many lots will go in. They are awaiting further information from NYSEG as the power line right of way runs across a portion of the land . The Besemer' s are hoping that the can put part of the road way in the right of way. • Chairman White requested further comment/questions from the Public. No further Public response . The Public Hearing was closed at 6 : 25 PM . David Dittman completed the SEAR. David Dittman made a motion to declare a negative declaration. Daniel Konowalow seconded. VOTE : ALL IN FAVOR, MOTION CARRIED UNANIMOUSLY . Summary of Use Variance Criteria 1 . Can not realize a reasonable return-substantial as shown by competent financial evidence : ANSWER : True No mining potential 2 . Alleged hardship is unique and does not apply to substantial portion of district or neighborhood : ANSWER: True 3 . Requested variance will not alter essential character of the neighborhood : ANSWER: True Amended 03/3/04 4 4 . Alleged hardship has not been self-created : ANSWER: True Wayne Lucas made a motion to accept a variance extending the B2 district in order for Thomas Besemer to develop a Residential Subdivision on Drake Road . Daniel Konowalow seconded . VOTE : Wayne Lucas - Aye David Dittman - Aye Ronald Bricker - Aye Steve White - Aye Daniel Konowalow- Aye MOTION CARRIED UNANIMOUSLY. VARIANCE GRANTED. Approval of January 14, 2004 Minutes David Dittman made a motion to accept the minutes of January 14, 2004 as submitted . Daniel Konowalow seconded. VOTE : ALL IN FAVOR, MOTION CARRIED • UNANIMOUSLY. Wayne Lucas made a motion to adjourn the meeting at 6 : 42 PM. Daniel Konowalow seconded. VOTE : ALL IN FAVOR. MOTION CARRIED UNANIMOUSLY . • Amended 03/3/04 i ■ Town of L Thursday , January 29 , 2004 6 : 00 PM Zoning Board of Appeals ZONING BOARD OF APPEALS MEMBERS (*Denotes present) * Stephen White, Chairman * David Dittman Linda Hirvonen * Wayne Lucas * Daniel Konowalow * Ronald Bricker (Alt.) * Richard G. Platt, Code Enforcement Officer * Bud Shattuck, Deputy Town Supervisor PUBLIC PRESENT Matthew Besemer Lansing, NY Thomas Besemer Lansing, NY Dana Shipos Lansing, NY Patrick Higgins Lansing, NY Deborah Higgins Lansing, NY Bill Hinderliter Lansing, NY GENERAL BUSINESS Steven White, Chairman opened the meeting at 6 : 03 PM . Thomas Besemer, Public Hearing — Use Variance, Drake Road, Parcel # 360441 .41 , 369441 .42 , 36 .41 9 . 2 and 35 . 443 . 12 Chairman Stephen White opened the Public Hearing at 6 : 04PM . Daniel Konowalow read the legal notice published in The Ithaca Journal , Thomas Besemer and son Matthew appeared before the board explaining that several of his parcels that front on Drake Road have been split by the new zoning. Part of the parcels are in what was the B1 , recently changed to a B2 , the other part is in the IR. The areas that are in the IR are beyond the 300 ' line aren ' t conducive to that use . Those sections of the Quarry' s reserve on Drake and Portland Point Road have all been mined out. The Besemer' s feel that the only use for that area would be Residential development. Our current Zoning allows for the line to be moved 50 ' one way or the • other. Mr. Besemer .states he has approximately 1200 ' - 1300 ' of usable land . Matthew Besemer stated that on parcel 36 . - 1 -9 . 2 it goes all the way to the creek, they are • requesting that only a section of that be granted a variance. Stephen White, Chairman clarified to the Besemer' s and also for the record that the Zoning Board would issue a Variance, not change the Zoning . Thomas Besemer explained to the Zoning Board Members that he appeared before the Planning Board and it was suggested that he apply for a Variance on all the parcels as he intends to develop a low density Subdivision rather than visiting the Zoning Board every six months . Richard Platt explained to the Board that they need to consider that the Town will be putting water down Drake Road and with more houses the cost would be less to the individual homeowner. The resale value would also increase . Chairman White opened the floor up to the Public . Resident Dana Shipos inquired as to how many homes would be erected in that area. Mr. Shipos has lived on Drake Road for approximately 30 years and feels that he may end up losing his back view . Also , the traffic is plentiful already and this would only enhance it . Thomas Besemer stated he is unsure just how many lots will go in. They are awaiting further information from NYSEG as the power line right of way runs across a portion of the land . The Besemer' s are hoping that the can put part of the road way in the right of way. Chairman White requested further comment/questions from the Public . No further Public •- response. The Public Hearing was closed at 6 : 25 PM . David Dittman completed the SEQR. David Dittman made a motion to declare a negative declaration . Daniel Konowalow seconded . VOTE : ALL IN FAVOR. MOTION CARRIED UNANIMOUSLY . Summary of Use Variance Criteria 1 . Can not realize a reasonable return-substantial as shown by competent financial evidence : ANSWER: True No mining potential 2 . Alleged hardship is unique and does not apply to substantial portion of district or neighborhood : ANSWER: True 3 . Requested variance will not alter essential character of the neighborhood : • ANSWER : True • 4 . Alleged hardship has not been self-created : ANSWER : True Wayne Lucas made a motion to accept a variance extending the B2 district in order for Thomas Besemer to develop a Residential Subdivision on Drake Road. Daniel Konowalow seconded . VOTE : Wayne Lucas - Aye David Dittman - Aye Ronald Bricker - Aye Steve White - Aye MOTION CARRIED UNANIMOUSLY. VARIANCE GRANTED . Approval of January 14 , 2004 Minutes David Dittman made a motion to accept the minutes of January 14 , 2004 as submitted. Daniel Konowalow seconded . VOTE : ALL IN FAVOR. MOTION CARRIED UNANIMOUSLY. •. Wayne Lucas made a motion to adjourn the meeting at 6 : 42 PM. Daniel Konowalow seconded . VOTE : ALL IN FAVOR. MOTION CARRIED UNANIMOUSLY. • Town of Lansing Zoning Board of Appeals Meeting January 29 , 2004 6 : 00 PM Visitors Please Sign In Below : (Please Print) Name Address L4 � r.4, v 111v1z4r / / ! riv- • JdTOWN of LANSI NG 9 �x. a 3d "Home of Industry, Agriculture and Scenic Beauty " ZONING , PLANNING AND CODE ENFORCEMENT Box 186 Lansing, iNY 1.4882 �l E-mail : tolcodes@twcny . rr . com Town of Lansing Zoning Board of Appeals Meeting January 29 , 2004 6 : 00 PM Lansing Town Hall — Sm . Court Room Agenda Time: Agenda Topics 6:00 PM Public Hearing, Thomas & Matthew Besemer, Parcel # 35.-3.13. 12, 36.1 .9.2 & 36=1 =11 .41 on Drake Road, Variance Request to allow residential development. Open Public Hearing Besemees Present Case Public Comments Close Public Hearing ZBA Comments and Questions Complete SEQR ZBA Decision Motion to Accept or Deny with any conditions Second Motion Any further Discussion * Motion to accept Minutes of January 14 , 2004 Motion to Adjourn Second Motion • Meeting Adjourned at PM