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2004-10-19
J4 Jd TOWN of LANSING ��.. Go B "Home of Industry, Agriculture and Scenic Beauty " 9. ZONING , PLANNING AND CODE ENFORCEMENT Box 186 Laiisimr, NY 1.4882 1II E -mail : tolcodes@twcny . rr . com Town of Lansing Zoning Board of Appeals Meeting October 19 , 2004 6 : 00 PM Lansing Town Hall — Small Court Room Agenda rum Xyenda Topics 6:00 PM Douglas Fowler, Area Variance, 1182 East Shore Drive, Parcel # 48:1 -11 Public Comments • Close Public Hearing ZBA Comments and Questions Complete SEQR/Need Motion on declaration ZBA Decision Motion to Accept or Deny with any conditions Second Motion Any Further Discussion Vote 6*15 PM Volbrecht Area Variance, Drake Road, Parcel # 37.1 =7-3.22 & 37.1 -7=3.21 • Close Public Hearing ZBA Comments and Questions Complete SEQR/Need Motion on declaration ZBA Decision Motion to Accept or Deny with any conditions Second Motion Any Further Discussion Vote Approval of September 21 , 2004 Minutes Other Business: Applicant: Christopher Muka, Penntille Road, Parcel # 38:1 =4l.12 • Motion to Adjourn Second Motion 4 , . Meeting Adjourned at PM Page 1 of 1 Tolcodes From : "Linda Hirvonen" <lahirvonen@warrenhomes .com > To : "Tolcodes" <Tolcodes@TWCNY . rr. com> Sent: Tuesday, October 19 , 2004 9 : 10 AM Subject: Re : Zoning Board of Appeals Meeting Rachel , I 'm sorry but I cannot make the meeting tonight . Linda ----- Original Message ----- From : Tolcodes To : Ronald Bricker : Linda Hirvonen ; David Dittman ; Dan Konowalow Cc : _Bud Shattuck Sent: Monday , October 18 , 2004 2 :25 PM Subject: Zoning Board of Appeals Meeting Members , Just a reminder that we have our monthly meeting scheduled for tomorrow , Tuesday, October 19th at 6 : 00 PM . Hope to see you there . Rachel 10/ 19/2004 Page 1 of 1 Tolcodes From : "Tolcodes" <Tolcodes@TWCNY . rr.com> To : " Ronald Bricker" <rab4@cornell .edu > ; " Linda Hirvonen " < LAHirvonen@Warrenhomes . com> ; " David Dittman" < DAD19@cornell . edu > ; "Dan Konowalow" <danKonowalow@hotmail . com > Cc : 'Bud Shattuck" <bshattuck@tompkins-co . org > Sent: Monday , October 18 , 2004 2 :25 PM Subject: Zoning Board of Appeals Meeting Members , Just a reminder that we have our monthly meeting scheduled for tomorrow , Tuesday , October 19th at 6: 00 PM . Hope to see you there . Rachel 10/ 18/2004 .a ■ Town of Lansing Tuesday, October 19 , 2004 ; 6 : 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 Mr. & Mrs . Marshall Volbrecht • Mr. & Mrs . Douglas Fowler Burt Fortner Neil Van Deusen GENERAL BUSINESS Stephen White, Chairman of the Board called the meeting to order at 6 : OOPM. Mr. White began by reading the legal notice published in The Ithaca Journal regarding the Public Hearing for Douglas Fowler. Chairman White opened the floor up to Mr. Fowler and his Architect, Burt Fortner to present their case . Douglas Fowler, Area Variance, 1182 East Shore Drive, Parcel # 48 41 11 Mr. Fowler appeared before the Zoning Board of Appeals requesting that he be granted an Area Variance to enlarge his current residence to accommodate a 4-season use. Mr. Fowler would like to maintain the architectural line of the existing home. Under the current Zoning regulations the side yard setbacks for the L1 District are 15 ' . With the plan submitted Mr. Fowler would be 14 ' on the south, and 13 ' 5 ' on the north. Mr. Fortner present to the Board Members an enlarged copy of the 2000 Tax Map indicating the placement of Mr. Fowler' s home. The total square feet of the existing • home without the garage and porches, is 818 sq . ft. The proposed addition will be a 2 story structure to include the existing porch as heated living space. ZBA 10- 19-04 • Further Discussion Daniel Konowalow inquired if Mr. Fowler had explored the possibility with his neighbor of purchasing a 2 ` strip from him . Douglas Fowler stated the neighbor is a very difficult person to deal with. The idea of the neighbor selling a small portion of land is highly unlikely. Steve White inquired from Richard Platt if this project would fall within the guidelines of the lot size. Burt Fortner explained that the minimum lot size for L1 zone is 20,000 . 00 sq . ft. The maximum lot coverage would be 15 % or 3 ,000 sq . ft. The current lot size is debatable . From the road center line, it isl3 ,068 sq . ft. at that covering 14% of the lot size. The proposed house would cover 18 % . David Dittman stated it would not change the character of the neighborhood Chairman White opened the Public Hearing at 6 : 15 PM . Neighbor, Neil VanDeusen who resides at 1188 East Shore Drive stated for the record • that he would like to endorse this project. Mr. VanDeusen feels this project will be an asset to the neighborhood. No further public comments or concerns . Chairman White closed the Public Hearing at 6 : 20 PM . Daniel Konowalow completed the SEQR. Wayne Lucas made a motion to declare a negative declaration. David Dittman seconded . VOTE : ALL IN FAVOR. MOTION CARRIED UNANIMOUSLY . Summary of Area Variance Criteria • Whether benefit can be achieved by other means feasible to applicant No . • Undesirable change in neighborhood character or to nearby properties ; No . • Whether request is substantial; No . • Whether request will have adverse physical or environmental effects ; • No . ZBA 10- 19-04 • • Whether alleged difficulty is self created ; No Decision : Daniel Konowalow made a motion to approve Douglas Fowler ' s request for an Area Variance. David Dittman seconded . VOTE : ALL IN FAVOR. MOTION CARRIED UNANIMOUSLY , Gary/Rodney Volbrecht, Area Variance-Create a Flay Lot with an Easement, 42 Drake Road, Parcel # 37. 147 3 .22 & 37. 4- 121 *The Public Hearing remained open from the August 26, 2004 Meeting. Mr. & Mrs. Marshall Volbrecht appeared before the Zoning Board of Appeals . Mrs . Volbrecht brought it to the boards attention that as of this date, they had not given Rodney the land . After meeting with their Attorney Fred Beck, it was decided that under the restrictions that the Zoning Board has imposed on this request that they withdraw their application and not pursue this issue any further. The Volbrecht ' s have requested for the record that it be known that the letter submitted to the Planning Board Members from Mary Steinhardt-Sullivan requesting disapproval of the Variance due to the Unique Natural Area should be corrected for the record . Mrs . Steinhardt-Sullivan has the lot in question being located down in the Glen. This is incorrect. The lot is up on top of the hill . • Mrs . Steinhardt-Sullivan also was concerned with the Volbrechts building a development, which is impossible. With the restrictions put on for Rodney, how could a development ever occur. . The Volbrechts arranged for the DEC to make a site visit, and were told that they have nothing to do with Rare or Scare Plants, only fish . Approval of September 21 ,2004 Minutes Wayne Lucas made a motion to accept the minutes as submitted . David Dittman seconded. VOTE : ALL IN FAVOR. MOTION CARRIED UNANIMOUSLY. Other Business : Mr. Platt brought before the Board an application for acceptance to review/denial a request. Applicant : Christopher Muka, request for an Area Variance, minimum road frontage not available for a 1 Lot Subdivision . Peruville Road, Parcel # 38 - 1 -4 . 12 The Zoning Board agree to hear Mr. Muka ' s case . The Board requested that Mr. Muka return for the hearing with a letter from NYSEG indicating legal access to his lot, also a letter from his Attorney stating an easement is acceptable. The Public Hearing date was set for November 16, 2004 at 6 : 00 PM . • Wayne Lucas made a motion to adjourn the meeting at 6 : 57 PM. David Dittman seconded. VOTE : ALL IN FAVOR. MOTION CARRIED UNANIMOUSLY. 4 Town of Lansing Zoning Board of Appeals Meeting October 19, 2004 6 : 00 PM Visitors Please Sign In Below : (Please Print) Name Address VX K) k/o � Tou(:Tu vim (tom_ 1 ) � z C AAC G (Z�eJ z �a Ho P�4L- le e � � 0 i • O o 0) or VM 0 0 X o X x c x x c x O Na)Tom O X X O X X o X X O o tC N co O X O x X O r X X X o O N 1 l � W "t V O z o X O o o x x x coX O Q C TM ClX X X X X x X x X X a V m N N � e O et N X X o X x x X X c 4 et X CO) x x x x X X X M c x x o x x X x X x o� N d O � o o X X X X x x X r- c c o cu :; N s a� y cc c Q � U z wu v cca p a� o aci Q m c > c_ � O p 3 t m a� L LL1 C co � V U fn O � C O N Y cYi Z coi c 0 m cc t � m p = Y a cLn101 111 3B J4 TOWN of LANSING • �+Q "Home of Industry, Agriculture and Scenic Beauty " 9, ZONING , PLANNING AND CODE ENFORCEMENT Box 186 Lansing , NY 14-882 �l E-mail : tolco(les© twcnygr . com Town of Lansing Zoning Board of Appeals Meeting October 19, 2004 6 : 00 PM Lansing Town Hall — Small Court Room Agenda r rec A®eruft Topics &00 PM Dough Fowler, Area Variance, 1182 East Shore Drive, Parcel # 4&=1=11 Public Comments • Close Public Hearing . 2BA Comments and Questions Complete SEQRMeed Motion on declaration ZBA Decision Motion to Accept or Deny with any conditions Second Motion Any Further Discussion Vote 6:15 PM Volbrecht Area Variance% Drake Road, Parcel # 37.1=7a= & 37.1=7=.21 • Close Public Hearing ZBA Comments and Questions Complete SEQRINeed Motion on declaration ZBA Decision Motion to Accept or Deny with any conditions Second Motion Any Further Discussion Vote Approval of September 21 , 2004 Minutes Other Business: Applicant: Christopher Muka, Peruville Road, Parcel # 3&I Al2 • Motion to Adjourn • Second Motion Meeting Adjourned at PM