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HomeMy WebLinkAbout2004-11-16 c Town of L Tuesday, November 16 , 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 Sue Sullivan • GENERAL BUSINESS Stephen White, Chairman of the Board called the meeting to order at 6 : 03 PM . Mr. White began by reading the legal notice published in The Ithaca Journal regarding the Public Hearing for Christopher Muka, Christopher Muka, Area Variance, Peruville Road , Parcel # 3804 4 . 1. 2 Further Discussion Mr. Muka is requesting an approval for a I Lot Subdivision in order to sell a 17 . 90 parcel of land for a home . The parcel does not have the required 20 ' access to a Public Highway. Access would be across an easement granted by New York State Electric & Gas . Mr. Muka did not appear at this hearing . Richard Platt, Agent for Christopher Muka presented the Board with a letter from Jeff Coleman, Attorney for Mr. Muka stating in his opinion the deed grants Mr. Muka or his succesors ingress/egress to the property. In addition a letter from New York State Gas & Electric was also provided to the Board stating the location of the right of way should not interfere with the use of the said land. Richard Platt explained to the members that he has spoken with The Town ' s Attorney and his opinion is that the parcel is split in 2 , and he is not sure if NYSEG is referring to access along the road or access across the parcel . Guy Krogh recommended that the 20 ' right-of-way be confirmed by a representative of NYSEG as shown on the survey. Ronald Bricker made a motion to open the Public Hearing at 6 : 08 PM . David Dittman • seconded. VOTE : ALL IN FAVOR. MOTION CARRIED . 4 ZBA 11 - 16-04, Revised 12/21 /04 Public • Sue Sullivan had concerns regarding the use of the land concerning a Mobile Home Park. Ronald Bricker explained to her that the Board was advised by Mr. Muka that he is selling the land for a single residence to be erected . Additional concerns of Mrs. Sullivan were the vehicles and graffiti on the barn . Mr. Platt explained the regulations regarding vehicles and further stated the Town does not have any regulations regarding the painting. Richard Platt explained that this parcel of land can not be subdivided. A person has spoken of putting in a Landscaping business, and another person a home. Linda Hirvonen made a motion to close the Public Hearing at 6 : 11 PM . David Dittman seconded . VOTE : ALL IN FAVOR. MOTION CARRIED . Member Discussion Linda Hirvonen stated Mr. Muka is limited to what he can do and she does not feel it will have a huge effect on the area. David Dittman questioned if a Landscaping business was put in there, would the public ingress/egress to the property? Richard Platt stated he did not believe that was the persons intention. This is an RA district, any business would have to go before Site Plan Review. • David Dittman stated the board can grant the Variance with conditions . Stephen White stated for the record that he has a problem with issuing a Variance due to Mr. Muka not appearing in person before the Board tonight. Ronald Bricker completed the SEQR. Linda Hirvonen made a motion to declare a negative declaration. David Dittman seconded. VOTE : ALL IN FAVOR. MOTION CARRIED UNANIMOUSLY . Decision : Ronald Bricker made a motion to approve Christopher Muka' s request for an Area Variance with the stipulation that it is for residential use only. In addition, Mr. Muka must provide further documentation verifying NYSEG' S approval of the 20 ' right-of-way as shown on the map presented. Linda Hirvonen seconded. VOTE : Linda Hirvonen- Aye Ronald Bricker-Aye David Dittman-Aye • Stephen White-Abstained ZBA 11 - 16-04, Revised 12/21 /04 MOTION CARRIED . Approval of October 19, 2004 Minutes Ronald Bricker made a motion to accept the minutes as presented . David Dittman seconded . VOTE : ALL IN FAVOR. MOTION CARRIED . Other Business Mr. Platt requested from the Board Members their input regarding a previously approved Variance for William Duthie to erect a Storage Building. According to the Zoning minutes/ records approval was given for a single storage building. Mr. Duthie would now like to erect a 2"d Storage Building, The Board Members recollection was they approved a Variance for a single Storage Building. It was the consensus of the Board that Mr. Duthie complete a new Application for this additional building. The Public Hearing was set for Tuesday, December 21 , 2004 at 6 : 00 PM . Chairman White requested that Mr. Platt speak to legal council regarding this request . Linda Hirvonen made a motion to adjourn at 6 : 39 PM. David Dittman seconded. VOTE : ALL IN FAVOR, MOTION CARRIED UNANIMOUSLY. • December 27 , 2004 To : The Ithaca Journal/Briefly in Tompkins County From : The Town of Lansing Attention Lansing Residents ; Further developes from the 2003 Inter-Muncipal Agreement are in the Planning. Initial Meetings have taken place and the Web Site has been developed . You can access this web site at . Further Information can be obtained from Town of Lansing Supervisor, Stephen Farkas at 533 -8819 . • 3y 4 I Town of L i Tuesday, November 16 , 2004 ; 6 : 00 PM , Zoning Board of Appeals Meeting i ZONING BOARD OF APPEALS MEMBERS (*Denotes present) I * 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 Sue Sullivan GENERAL BUSINESS Stephen White, Chairman of the Board called the meeting to order at 6 : 03 PM . Mr. White began by reading the legal notice published in The Ithaca. Journal regarding the Public Hearing for Christopher Muka. Christopher Muka Area Variance Peruville Road Parcel # 38 .4 4 . 12 Further Discussion Mr. Muka is requesting an approval for a 1 Lot Subdivision in order to sell a 17 . 90 parcel of land for a home. The parcel does not have the required 20 ' access to a Public Highway. Access would be across an easement granted by New York State Electric & Gas . Mr. Muka did not appear at this hearing. Richard Platt; Agent for Christopher Muka presented the Board. with a letter from Jeff Coleman, Attorney for Mr. Muka stating in his opinion the deed grants Mr. Muka or his succesors ingress/egress to the property. In addition a letter from New York State Gas & Electric was also provided to the Board stating the location of the right of way should not interfere with the use of the said land. Richard Platt explained to the members that he has spoken with The Town ' s Attorney and his opinion is that the parcel is split in 2 , and he is not sure if NYSEG is referring to access along the road or access across the parcel . Guy Krogh recommended that the 20 ' right-'of-way be confirmed by a representative of NYSEG as shown on the survey. Ronald Bricker made a motion to open the Public Hearing at 6 . 08 PM . David Dittman t� seconded. VOTE : ALL IN FAVOR. MOTION CARRIED . ZBA 11 - 16-04 r . Public Sue Sullivan had concerns regarding the use of the land concerning a Mobile Home Park. Ronald Bricker explained to her that the Board was advised by Mr. Muka that he is selling the land for a single residence to be erected . Additional concerns of Mrs . Sullivan were the vehicles and graffiti on the barn. Mr. Platt explained the regulations regarding vehicles and further stated the Town does not have any regulations regarding the painting. Richard Platt explained that this parcel of land can not be subdivided. A person has spoke of putting in a Landscaping business, and another person a home . Linda Hirvonen made a motion to close the Public Hearing at 6 : 11 PM. David Dittman seconded. VOTE : ALL IN FAVOR. MOTION CARRIED , Member Discussion Linda Hirvonen stated Mr. Muka is limited to what he can do and she does not feel it will have a huge effect on the area. David Dittman questioned if a Landscaping business was put in there, would the public be ingress/egress in . Richard Platt stated he did not believe that the persons intention. This is an RA district, any business would have to go before Site Plan Review. • David Dittman stated the board can grant the Variance with conditions . Stephen White stated for the record that he has a problem with issuing a Variance due to Mr. Muka not appearing in person before the Board tonight. Ronald Bricker completed the SEQR. Linda Hirvonen made a motion to declare a negative declaration . David Dittman seconded . VOTE : ALL IN FAVOR. MOTION CARRIED UNANIMOUSLY. Decision , Ronald Bricker made a motion to approve Christopher Muka ' s request for an Area Variance with the stipulation that it is for residential use only. In addition, Mr. Muka must provide further documentation verifying NYSEG ' S approval of the 20 ' right-of-way as shown on the map presented . Linda Hirvonen seconded. VOTE : Linda Hirvonen- Aye Ronald Bricker-Aye • David Dittman-Aye Stephen White-Abstained ZBA 11 - 16-04 • MOTION CARRIED . Approval of October 19, 2004 Minutes Ronald Bricker made a motion to accept the minutes as presented . David Dittman seconded . VOTE : ALL IN FAVOR. MOTION CARRIED , Other Business Mr. Platt requested from the Board Members their input regarding a previously approved Variance for William Duthie to erect a Storage Building. According to the Zoning minutes/ records approval was given for a single storage building. Mr. Duthie would now like to erect a 2nd Storage Building, The Board Members recollection was they approved a Variance for a single Storage Building. It was the consensus of the Board that Mr. Duthie complete a new Application for this additional building. The Public Hearing was set for Tuesday, December 21 , 2004 at 6 : 00 PM . Chairman White requested that Mr. Platt speak to legal council regarding this request. Linda Hirvonen made a motion to adjourn at 6 : 39 PM. David Dittman seconded. VOTE : ALL IN FAVOR, MOTION CARRIED UNANIMOUSLY . Town of Lansing Zoning Board of Appeals Meeting November, 165 6 : 00 PM Visitors Please Sign In Below : (Please Print) Name Address ck e., ,r5u •