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Home My WebLink About2006-02-21 • ■ Town of L Tuesday , February 21 , 2006 PM , Zoning Board of Appeals Meeting ZONING BOARD OF APPEALS MEMBERS (* Denotes present) * Gregg Travis, Chairman * David Dittman * Linda Hirvonen Dan Konowalow Ronald Bricker Richard G . Platt, Code Enforcement Officer Bud Shattuck, Deputy Town Supervisor PUBLIC PRESENT Mark Wheeler Cheryl Beach Duane Ray • Dave & Joyce Heck Louise & Bill Bement Pete Surber Jason Demarest Noel Desch Teresa Sharp Gregory Lawrence GENERAL BUSINESS Gregg Travis , Chairman of the Board called the meeting to order at 5 : 00 PM . Daniel R. & Eve Brown, Public Hearing for : Area Variance, Old Myers Road, Parcel # 340447 .41 Gregg Travis, Chairperson read the Legal Notice published in The Ithaca Journal regarding the Public Hearing for the Area Variance . Linda Hirvonen made a motion to open the Public Hearing AT 5 : 01 PM . David Dittman seconded . VOTE AS FOLLOWS : David Dittman — Aye Linda Hirvonen — Aye Gregg Travis — Aye ti ZBA 02/21 /06 • MOTION CARRIED . Chairman Travis open the floor to the Public . Mark Wheeler, Attorney for the Brown ' s appeared before the Board . Mr. Wheeler gave a brief history of the previously approved Variance dating back to September 1988 . Attorney Wheeler provided the Board with a copy of the original Mylar and the Warranty Deed that was filed with the County Clerk at the time the original Subdivision/Variance was approved . The Perspective buyer, Mr. Lawrence would like to purchase the lot from the Brown ' s and erect a single family residence. Access to the land locked parcel would be through a 30 ` right of way on a shared drive located on parcel #34 . - 1 - 17 . 42 owned by Daniel & Eve Brown. Linda Hirvonen inquired from Mr. Lawrence if he had considered putting in his own driveway. Greg Lawrence indicated no, it would be an added expense for him . According to the previous Variance approval, it allows for a 30 ' right of way to the property. Bill Bement, Neighbor stated he would like to "see this happen" . Linda Hirvonen made a motion to closed the Public Hearing at 5 : 14 PM. David Dittman seconded. VOTE AS FOLLOWS : David Dittman — Aye • Linda Hirvonen — Aye Gregg Travis — Aye MOTION CARRIED . Linda Hirvonen completed the SEQR. Linda Hirvonen made a motion to declare a negative declaration . Gregg Travis seconded . VOTE AS FOLLOWS : David Dittman — Aye Linda Hirvonen — Aye Gregg Travis — Aye MOTION CARRIED . Discussion Linda Hirvonen read the Balancing Test as follows : • Whether benefit can be achieved by other means feasible to applicant No . • Undesirable change in neighborhood character or to nearby properties ; No . ZBA 02/21 /06 • • Whether request is substantial ; No . • Whether request will have adverse physical or environmental effects ; No . • Whether alleged difficulty is self- created; No , not by this Applicant . Final Decision Linda Hirvonen made a motion to grant the Area Variance. David Dittman seconded . VOTE AS FOLLOWS : David Dittman — Aye Linda Hirvonen — Aye Gregg Travis — Aye MOTION CARRIED . Lillian Babcock, Public Hearing for : Area Variance, 32 Ladolza Park Road, Parcel # 33:1 ' 58 Gregg Travis, Chairperson read the Legal Notice published in The Ithaca Journal regarding the Public Hearing for the Area Variance. • Linda Hirvonen made a motion to open the Public Hearing at 5 : 16 PM. David Dittman seconded. VOTE AS FOLLOWS : David Dittman — Aye Linda Hirvonen — Aye Gregg Travis — Aye Chairman Travis opened the floor to the Public. In July 04 Ms . Babcock appeared before the Zoning Board of Appeals requesting a Variance to erect a new single family residence on her lake front property. A Variance was granted allowing Ms . Babcock to erect a new residence on the existing footprint. On January 09, 2006 Ms. Babcock went through Site Plan Review with the Planning Board at which time the proposed plans submitted indicated footage beyond what the Zoning requirements allow. The Planning Board was in favor of the proposal, however, the Zoning Board of Appeals holds i urisdiction on this issue. Jason Demarest presented additional visuals to the Zoning Members to further elaborate the application. Louis & Pauline Marca sent in a letter in favor of the approval. Neighbors Cheryl Beach, David Heck, and Noel Desch spoke in favor of the approval. ZBA 02/21 /06 • David Dittman made a motion to close the Public Hearing at 5 :25 PM, Linda Hirvonen seconded. VOTE AS FOLLOWS : David Dittman — Aye Linda Hirvonen — Aye Gregg Travis — Aye MOTION CARRIED . Linda Hirvonen completed the SEQR. Linda Hirvonen made a motion to declare a negative declaration. David Dittman seconded . VOTE AS FOLLOWS : David Dittman — Aye Linda Hirvonen — Aye Gregg Travis — Aye MOTION CARRIED DISCUSSION • Gregg Travis and Linda Hirvonen stated neighbors are in favor of this Variance . In addition Linda Hirvonen indicated that the Zoning Board has on record a previous Variance approval which was in the same area as this one . Linda Hirvonen read the Balancing Test as follows : • Whether benefit can be achieved by other means feasible to applicant Yes, but the request is so miner that it doesn ' t make a difference . • Undesirable change in neighborhood character or to nearby properties ; No . • Whether request is substantial ; No . • Whether request will have adverse physical or enviroiunental effects ; No . • Whether alleged difficulty is self- created ; No Linda Hirvonen made a motion to grant the request . David Dittman seconded . ZBA 02/21 /06 • VOTE AS FOLLOWS : David Dittman — Aye Linda Hirvonen — Aye Gregg Travis — Aye MOTION CARRIED. Acceptance/Denial to hear case in regards to Area Variance for: Catherine Atwater, 3016 North Triphammer Road, Parcel # 37.1-5-3 Mr. Duane Ray appeared before the Board on behalf of Catherine Atwater requesting the Zoning Board of Appeals to hear Ms. Atwater' s request to establish a residential parcel the size of 150' on the East and West boundaries and 210' on the North & South boundaries of her Atwater Farm, parcel # 37 . 1 -5-3 . David Dittman indicated he was not in favor of hearing the case as there are other means of access to the Atwater lot, other than reducing the lot size. The RI District requires 40,000 Square feet. The lot that Ms. Atwater is requesting would be .72 acre. Subdivision may be made through the Planning Board. Linda Hirvonen also agreed with David Dittman as there are other means of access. • Gregg Travis indicated that the Fire Hydrant can be moved easily in order for a road to be built. David Dittman made a motion to deny hearing the case. Linda Hirvonen seconded. VOTE AS FOLLOWS : David Dittman — Aye Linda Hirvonen — Aye Gregg Travis — Aye MOTION CARRIED, Approval/Denial Minutes of January 17, 2006 Linda Hirvonen made a motion to accept the minutes as submitted. David Dittman seconded. VOTE AS FOLLOWS : David Dittman — Aye Linda Hirvonen — Aye Gregg Travis — Aye MOTION CARRIED. Linda Hirvonen made a motion to adjourn the Regular Meeting at 6 :00 PM to go into Executive Session to discuss the Zoning Board vacancy. David Dittman seconded. VOTE AS FOLLOWS : David Dittman — Aye ZBA 02/21 /06 Linda Hirvonen — Aye Gregg Travis — Aye MOTION CARRIED . Linda Hirvonen made a motion to terminate the Executive Session and reconvene the Regular meeting at 6 : 10 PM , David Dittman seconded . VOTE AS FOLLOWS : David Dittman — Aye Linda Hirvonen — Aye Gregg Travis — Aye MOTION CARRIED . Linda Hirvonen made a motion to adjourn the meeting at 6 : 12 PM. David Dittman seconded . VOTE AS FOLLOWS : David Dittman — Aye Linda Hirvonen — Aye Gregg Travis — Aye • MOTION CARRIED . Town of Lansing Zoning Board of Appeals Meeting February 21 , 2006 5 : 00 PM Visitors Please Sign In Below : (Please Print) Name Address bupiv� ,, w�fF �' y .3 fw4- t� �t vz P, � 4 xus � � C �J . `A, ► j CL • ,1 \ TOWN of LANSING J4 B "Home of Industry, Agriculture and Scenic Beauty " • 9. ZONING , PLANNING AND CODE ENFORCEMENT Box 186 Lansing, NY 14882 �1l Il E-mail : tolcodes@twcny . rr. com Town of Lansing Zoning Board of Appeals Meeting February 21 , 2006 5 : 00 PM Lansing Town Hall — Small Court Room gAgenda 1 ffm Agenda Topics 5:00 PM Daniel Brown/Lawrence, Gregory, Public Hearing for. Area Variance, Old Myers Road, Parcel # 34:1 -17.41 5015 PM Lillian Babcock, Public Hearing for. Area Variance, 32 Ladoga Park Road, Parcel # 33:1 -58 Other Business: Acceptance/Denial to hear case in regards to Area Variance for. Catherine Atwater, 3016 North Triphammer Road, Parcel # 37.1 w&3 Approval of January 17, 2006 Minutes Review Application: Zoning Board of Appeals Position