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HomeMy WebLinkAbout2004-07-20 Page 1 of 1 Tolcodes . From : "Dittman , David " <dad19@sha . cornell .edu > To : °Tolcodes" <Tolcodes@TWCNY. rr. com> Sent: Thursday , July 08 , 2004 11 : 10 AM Subject: RE : Upcoming Meeting Rachel, I will be out of town on businesson July 20 . I am soriy that I will miss the meeting . David -----Original Message... From : Tolcodes [mailto : Tolcodes@TWCNY . rr. com] Sent : Wed 7/7/2004 2 : 56 PM To : Ronald Bricker; Dan Konowalow; David Dittman; Linda Hirvonen Cc : Bud Shattuck Subject : Upcoming Meeting Members, Just a reminder that we will be holding our regularly scheduled meeting this month (Tues . July 20th @ 7 : 00 PM) . To date we have 3 Applicants. Please be sure to mark your calendars . The agenda and paperwork will be forth coming. 0hank you, achel i 7/8/2004 E r Town of Lansing Tuesday, July 20 , 2004 ; 7 : 00 PM , Zoning Board of Appeals Meeting ZONING BOARD OF APPEALS MEMBERS (*Denotes present) * Steve White, Chair David Dittman * Linda Hirvonen * Wayne Lucas Dan Konowalow * Ronald Bricker * Richard G. Platt, Code Enforcement Officer * Bud Shattuck, Deputy Town Supervisor PUBLIC PRESENT Jan. Hardie Dave Hardie Harry Bortz Jack Shea Robert Maine Ernie Bayles Marshall Volbrecht Gary Volbrecht Rodney Volbrecht GENERAL BUSINESS Stephen White, Chairman of the Board called the meeting to order at 7 : OOPM . Community Recreation Center, 1767 East Shore Drive, Parcel 37 1 -6-9 Use VareanceAew Locker Room Stephen White read the legal notice published in The Ithaca Journal . The Rink is requesting a Use Variance to erect a 1450 sq . ft . Locker Room to the existing Ice Facility, The Applicants are also requesting a Variance covering future expansion since any expansion would require Site Plan Review and Approval by the Town of Lansing Planning Board . The Town of Lansing Land Use Ordinance indicates in the R2 District Indoor and Outdoor Recreation is no longer permitted . ZBA 7/20/04 L Joe Perry, Board Member for the Rink states they have Ithaca High School Hockey • Program committed to play at the Rink for another year. Last year they made a make shift operation for the Locker Room . Chairman White opened the Public Hearing at 7 : 05 PM . Waterwagon Road Resident Darlene Herman requested to know the site location of the addition. Ms . Herman states in the past when they have held certain activities there, the noise has been terrible . Richard Platt advised the Zoning Members that they will need to decide whether they wish to issue a ` Blanket" Variance at this time as any future expansion will require Site Plan Review , Linda Hirvonen stated it was hard to know how it would affect the area. Bud Shattuck spoke as a member of the Public . Mr. Shattuck ' s concern was if this Center is locked in with Ithaca High School , there may come a time when Lansing School District is looking for a facility and with this being locked in , Lansing residents would not be able to utilize this facility. Joe Perry states it will be owned by the Community Recreation Center and utilized by the Ithaca High School Hockey Program during the Hockey season . Other than that, it will be opened for others . Mr. Perry did not see a conflict with this setup . Ed Herman states there will be more people at the Rink which will increase the noise, lighting and traffic . This will just add to the problem . Linda Hirvonen questioned Mr. Perry if this would increase the activity at the Rink . Joe Perry states it will not increase it anymore than it has over the last year. Last year between October and March, 5 - 7 evenings a week they had programs going on with no problems . The Chairman closed the Public Hearing at 7 : 15 PM . Comments/questions from Zoning Members Dick Platt suggested that the Zoning Board limit camping in the parking lot , limit noise level . Steve White felt that the applicants should not be given a blanket Variance to do what ever they want with it. Wayne Lucas, Linda Hirvonen and Ronald Bricker agree with Mr. Chairman. Richard Platt advised the members if a Variance was granted, this would still need to go . before the Planning Board for Site Plan Review. At that time, the Public can address the ZBA 7/20/04 Planning Board with issues regarding camping in the parking lot, traffic , and addition • noise. To date, Mr. Platt has not received one complaint . Linda Hirvonen states she has not problem with this project . In no way does this project encourage growth since it services programs that are already existing. Wayne Lucas does not have a problem with it . Ronald Bricker felt it would function better if they made the whole facility a lot more habitable for people looking for space . Ronald Bricker completed the SEQR . Linda Hirvonen made a motion to declare a negative declaration . Wayne Lucas seconded . VOTE : ALL IN FAVOR. MOTION CARRIED UNANIMOUSLY . Linda Hirvonen made a motion to accept and approve with no conditions this one project for the Community Recreation Center, Wayne Lucas seconded . VOTE : ALL IN FAVOR, MOTION CARRIED UNANIMOUSLY . VARIANCE GRANTED , Lillian Babcock, 32 Ladoga Park West, Tax Parcel # 33 .4m58 ,Area Variance to Replace Existing Structure, Richard Platt distributed to the Zoning Board Members a letter received on this date by • Indian Landing Inc . regarding their concerns . Stephen White, Chairman read the Legal Notice published in The Ithaca Journal in regards to the Public Notice. Ernie Bad, Architect representing Lillian Babcock appeared before the Board . The Babcocks ' over the years have had several problems with flooding which has caused problems to their residence . They entertained the thought of raising their cottage, however, with the economics the way they are, it would behoove them to rebuilt . The proposal is to rebuild where the existing building is, just a little larger partially due to the decks and porches on the front and back. This will create problems with side yard setbacks and the open space area. If built to the proposed plans the open space would be 80% where 85 % is required, also , increasing the existing side yard setback from 2 ft to 6 ft where 15 ft is required . Richard Platt inquired if they are considering lot coverage to the stake . Ernie Bayles indicated they are looking at the entire parcel all the way back to include the existing garage. Harry Bortz questioned if the project would encompass the septic system . • Ernie Bayles states he is unsure at this time, he has not seen the Health Department requirements . ZBA 7/20/04 1Y Jack Shea states from looking at the plans that the proposed project may be closer to the lake. Ernie Bayles indicated there is a certain amount of movement that can be done . The floor of the building may need to be raised about 2 feet . The existing ground will remain the same grade . Jack Shea asked how the additional runoff from the roofs would be handled . There is a retaining wall with no piping in it to go to the lake . Ernie Bavles states they have not addressed that particular issue at this point. Certainly there are concerns and provisions would be made to get thru the wall . At this present time, there is a dispute regarding the existing pin . Harry Bortz clearly stated that he has no objection to Ms . Babcock rebuilding or to her plans . The main concern with him is the additional runoff of the water if the land is to brought up . Stephen White read a letter submitted from. The Indian. Lansing Inc . Linda Hirvonen inquired if the Zoning Rules say if the structure is taken down whether the footprint is "grand fathered" or if at that time a new structure must comply with current regulations . Richard Platt states if the foundation is in place they are usually allowed to rebuild on the same foundation. If the foundation is removed , than they start from scratch . This would be a new foundation . Linda Hirvonen commented that the Planning Board has spent almost 3 years working on the Zoning Ordinance that they felt was in the best interest of the Town. Side setbacks are very important for safety reasons and Linda feels uncomfortable with reducing the amount of setbacks that the applicant is requesting. Linda Hirvonen completed the SEAR. Wayne Lucas made a motion to declare a negative declaration. Ronald Bricker seconded . VOTE : ALL IN FAVOR. MOTION CARRIED UNANIMOUSLY. Linda Hirvonen read the Balancing Test . • Whether benefit can be achieved by other means feasible to applicant Yes , other ways to design home . • • Undesirable change in neighborhood character or to nearby properties ; ZBA 7/20/04 No . • Whether request is substantial ; Yes . • Whether request will have adverse physical or environmental effects ; No . • Whether alleged difficulty is self- created ; Yes Wayne Lucas suggested that the side set-backs be 10 ft. An accurate survey must be presented to the Code Enforcement Office prior to any construction take place . Ernic Bayles requested that the board make some sort of determination that says if he builds on top of the existing foundation they can build all the way out, or if they replace the foundation than they must be 10 ft away. Bud Shattuck explained that when the Town Board discusses things like this , they look at what is always best for the neighborhood . Using an existing or smaller plan may be the way to look at it differently as far as the footprint. The Zoning Board �. would not be setting a precedence that says everyone can be within 10 ft. for side setbacks . Ronald Bricker made a motion to approve construction on the existing footprint, any additional structure will be less . Ground level will not be altered and drainage will be reviewed by the Town of Lansing' s Engineer. An accurate survey agreeable to neighbors on both sides will be provided to the Code Office . Wayne Lucas made an amended motion as follows : to approve construction on the existing footprint. Any additional structure outside of the existing footprint will be consistent with the current Zoning Regulations . Ground level will not be altered and drainage will be reviewed by the Town of Lansing ' s Engineer at the applicant ' s expense . Ronald Bricker seconded . VOTE : Ronald Bricker-Aye, Wayne Lucas-Aye, Stephen White-Aye, Linda Hirvonen-Opposed . MOTION CARRIED . Wayne Lucas made a motion stating, the minimum open space required is 85 % . The proposed minimum open space was approximately 78 %, which will be approximately 80% with the reduction required to meet Zoning Regulations . Linda Hirvonen seconded. VOTE : Ronald Bricker-Aye, Wayne Lucas-Aye , Stephen White-Aye, Linda Hirvonen- Opposed , MOTION CARRIED . ZBA 7/20/04 1 Gary/Rodney Volbrecht, Area Variance-Create a Flay Lot with an easement, 42 Drake Road, Parcel # 37J4- 3 .22 & 3734- 3 . 21 Stephen White read the legal notice published in The Ithaca Journal , Richard Platt stated for the records that the tax parcel numbers were reversed in error. Mr. Platt explained that Marshall Volbrecht would like to divide land up for his children, Gary and Rodney. The Volbrecht ' s would like to subdivide approximately 1 acre from tax parcel 37 . 1 - 7 - 3 . 21 and erect a Storage Building on the resulting lot . Also, provide an easement across parcel # 37 . - 1 - 7 - 3 . 21 for access to parcel #37 . 1 -7 - 3 . 22 . Neighbor Mary Steinhardt-Sullivan provided Board Members will a copy of a letter she received from The Tompkins County Environmental Management Council dated July 2000 concerning an extensive Environmental Survey of the Unique Natural Area to include the above parcel numbers . Ms . Steinhardt-Miller is concerned that the Storage Building is a first step towards developing the landlocked parcel in an environmentally sensitive area . Linda Hirvonen states there is no other way to get to the landlocked area unless an easement be granted . Bud Shattuck stated the Planning Board has been working on flag lots for about 6 • months now . One to three flag lots now require access thru a Town approved road, not a driveway. Town Approved Roads must be built to Town Specs . Richard Platt states the other issue is the width of the highway. The Volbrecht ' s do not have 60 ' . Linda Hirvonen made a motion to table this issue and recommend that the Zoning Board have input from the Town Planning Board . Ronald Bricker seconded . VOTE : ALL IN FAVOR, MOTION CARRIED UNANIMOUSLY . *This Public Hearing will remain open until August 17, 2004 meeting for further discussion and a decision . Approval of May 18, 2004 Minutes Ronald Bricker made a motion to approve the minutes as submitted . Wayne Lucas seconded. VOTE : ALL IN FAVOR. MOTION CARRIED UNANIMOUSLY . Linda Hirvonen made a motion to adjourn the meeting at 8 : 37 PM . Wayne Lucas seconded . VOTE : ALL IN FAVOR. MOTION CARRIED UNANIMOUSLY . • Town of Lansing Zoning Board of Appeals Meeting July 20 , 2004 7 : 00 PM Visitors Please Sign In Below : (Please Print) Name Address ALA � vr2. sr*z,,t -°' ( + tom �4 r �O eC erg l 34 TOWN of LANSING Q� "Honte of Industry, Agriculture and Scenic Beauty " • 9. ZONING , PLANNING AND CODE ENFORCEMENT Box 186 Lansinb, NY 14882 , 1\ Ili E-mail : tolcodes© twcny . rr . com Town of Lansing Zoning Board of Appeals Meeting July 20, 2004 7 * 00 PM Lansing Town Hall — Small Court Room Agenda Time: Agenda Topics 7:00 PM Community Recreation Center, 1767 East Shore Dr., Parcel # 37.1 =6=9, Use Variance-New Locker Room Andrew Scirabba Presents Case Public Comments • Close Public Hearing ZBA Comments and Questions Complete SEAR ZBA Decision Motion to Accept or Deny with any conditions Second Motion Any further Discussion Vote 7:15 PM Ernie Bayles for Lilliam Babcock, Area Variance- Setback and Lot Coverage to replace existing home. Mr. Bayles presents case Public Comments Close Public Hearing ZBA Comments and Questions Complete SEQR ZBA Decision Motion to accept or deny with conditions Second Motion Any further discussion Vote 7:30 PM Gary/Rodney Volbrecht, Area Variance= Create a Flag lot • with an easement, 42 Drake Road, Parcel # 37.1 =7-3.22 & 37.1 -7-3.21 . �o • Volbrecht's presents case Public Comments Close Public Hearing ZBA Comments and Questions Complete SEAR ZBA Decision Motion to Accept or Deny with any conditions Second Motion Any Further Discussion Vote Approval of May 18, 2004 Minutes Motion to Adjourn Second Motion Meeting Adjourned at PM •