HomeMy WebLinkAbout2006-09-19 DRAFT
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Tuesday, September 19 , 2006 5 PM , Zoning Board of Appeals
Meeting
ZONING BOARD OF APPEALS MEMBERS
(*Denotes present)
* Gregg Travis, Chainnan * David Dittman
* Linda Hirvonen Dan Konowalow
* Ronald Bricker * Henry (Hurt) Sheldon
Richard G. Platt, Code Enforcement Officer
Bud Shattuck, Town Board Liaison
* Lorraine Moynihan Schmitt, Esq.
PUBLIC PRESENT
Charles Guttman
Hilary Wild
• Mathew Besemer
Connie Wilcox
GENERAL BUSINESS
Gregg Travis, Chairman of the Board called the meeting to order at 5 : 03 PM. Mr. Travis
advised there would be a change in the order of the original printed Agenda.
Chairman's Report - Information obtained at a Use/Area
Variance Workshop/Presentation
Gregg Travis conveyed information he had received from a recent NYS Workshop he attended in
Cortland NY with regards to Area & Use Variances. This Workshop was put on by Harry Willis, a
NYS Local Government Representative. Mr. Travis shared parts of the Pamphlet that he believed
were important such as, criteria that should be used in viewing Applications for Area & Use
Variances. Mr. Willis tried to impress on the attendees that there is a difference between a Use
Variance Request and a Area Variance Request and how the criteria is applied. Mr. Travis quoted
Mr. Willis as saying "Use Variances should almost always be denied". Reasons being the four (4)
criteria' s should be applied strictly, and the Applicant must meet these four (4) criteria. An Area
Variance can be weighed between the Community and the Applicant which allows flexibility for
the Zoning Board.
Mr. Travis encourage all Members to attend this particular Workshop if the opportunity presented
• itself in the future.
DRAFT
•
Acceptance/Denial To Hear Case For: Use Variance, 2073 East Shore Drive,
Parcel # 37. 1-2-3 , B1 District Applicant: Guttman and Wallace, Attorneys
At Law on behalf of: A. Scott Pinney
Mr. Charles Guttman, Esq. and associate Hilary Wild appeared before the Zoning Board of
Appeals on behalf of their client, A Scott Pinney. Mr. Guttman gave a brief background of the
history of this parcel property over the last decade. Mr. Guttman further stated when Mr. Pinney
purchased the property, the existing Ordinance permitted Warehouse Storage at which time Mr.
Pinney began using it as such. After the property was purchased, the Town then changed the
Ordinance, eliminating Warehouse as a permitted Use. As for the general concept of unnecessary
hardship, Mr. Pinney does not have the ability to use this property and obtain any reasonable return
the way the Ordinance is written today. Mr. Guttman indicated that Grandfather Rights may apply,
as Mr. Pinney purchased the property, used it as a Warehouse and is now using it as a Warehouse.
Ms. Moynihan Schmitt advised the Zoning Members that due to this being a "unique"
situation, she and Mr. Krogh strongly recommend that the Board place this Applicant on
their calendar to hear the claim .
Mr. Travis reviewed the four (4) Use Variance Criteria' s and polled the Members for
their opinion as to whether they would be willing to hear the case.
THE POLL WAS AS FOLLOWS :
Ronald Bricker — Aye
• David Dittman — Aye
Linda Hirvonen - Aye
Henry (Hurf) Sheldon — Aye
Gregg Travis - Aye
Ronald Bricker made a motion to accept the Application and set the Public Hearing Date
for Tuesday, October 17, 2006 at 7 : 00 PM. Henry (Hurt) Sheldon seconded.
VOTE AS FOLLOWS :
Ronald Bricker — Aye
David Dittman — Aye
Linda Hirvonen - Aye
Henry (Hur Sheldon — Aye
Gregg Travis - Aye
MOTION CARRIED .
ApprovaMenial of June 20, 2006 Minutes
June 20, 2006 Minutes
David Dittman made a motion to approve the minutes as submitted. Ronald Bricker seconded.
VOTE AS FOLLOWS :
• Ronald Bricker — Aye
r
DRAFT
David Dittman — Aye
• Linda Hirvonen - Aye
Henry (Hurt) Sheldon — Aye
Gregg Travis - Aye
MOTION CARRIED .
David Dittman made a motion to adjourn the meeting at 5 : 35 PM. Linda Hirvonen
seconded .
VOTE AS FOLLOWS :
Ronald Bricker — Aye
David Dittman — Aye
Linda Hirvonen - Aye
Henry (Hur fl Sheldon — Aye
Gregg Travis - Aye
MOTION CARRIED .
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Town of Lansing Zoning- Board of Appeals Meeting
September 2006
1q
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AMENDED
TOWN of LANSING
34 an "Home of Industry, Agriculture and Scenic Beauty "
ZONING , PLANNING AND CODE ENFORCEMENT
Box 186
Lansing, NY 14882
�1
II E-mail : tolcodes@tweny. rr. com
Town of Lansing
Zoning Board of Appeals Meeting
September 19 , 2006 5 : 00 PM
Lansing Town Hall — Small Court Room
Agenda
TIll1'1@C �oaics
5M PM Acceptance/Denial To Hear Case For. Use Variance, 2073 East
Shore Drive, Parcel # 37.1 -2=3 1131 District.
Applicant: Guttman and Wallace, Attorneys At Law on behalf of:
A. Scott Pinney
Approval/Denial of June 20, 2006 Minutes
Chairman's Report - Information obtained at a Use/Area
Variance Workshop/Presentation
•
'1 \
J4 T o WN ofI�ANSING
tit "Hone of Industry, Agriculture and Scenic Beauty "
• 9.
` ZONING , PLANNING AND CODE ENFORCEMENT
Box 186
Lansing, NY 14882
Al
111 E-mail: tolcodes@twcny. rr. com
Town of Lansing
Zoning Board of Appeals Meeting
September 19 , 2006 5 : 00 PM
Lansing Town Hall — Small Court Room
Agenda
rimer T
5W PM Acceptance/Denial To Hear Case For. Use Variance, 2073 East
Shore Drive, Parcel # 37.1-2-3 , B1 District
Applicant: Guttman and Wallace, Attorneys At Law on behalf of:
& Scott Pinney
Approval/Denial of June 20, 2006 Minutes
•
Page 1 of 1
Tolcodes
From : "Gregg F . Travis" <gft1 @cornell . edu >
To : "Tolcodes" <tolcodes@twcny . rr.com>
Sent: Friday , September 08 , 2006 12 :23 PM
Subject: Re : Septemer ZBA Mtg .
Rachel, set it at 5 : 00 .
Tolcodes wrote :
> Greg,
> An Application has arrived in our office and I need to know what time I
> should set the Sept. 19th meeting for. At our June meeting it was agreed
> to hold our July mtg at 5 : 00 pm , which never took place . This meeting
> should be very short, we either accept hearing the case and set a Public
> Hearing date * or *Deny hearing the case. Please let me know ASAP .
> Thank you.
> Rachel
•
9/ 11 /2006