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Home My WebLink About2006-10-17 R DRAFT ■ Town of L Tuesday, October 17 , 2006 7 PM , Zoning Board of Appeals Meeting ZONING BOARD OF APPEALS MEMBERS ( *Denotes present) * Gregg Travis, Chairman * 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 A . Scott Pinney GENERAL BUSINESS Gregg Travis, Chairman of the Board called the meeting to order at 7 : 08 PM. Chairman Travis began by reading the Legal Notice published in the Ithaca Journal in regards to the Public Hearing. The Chairman opened the floor to the Public. Lorraine Moynihan Schmitt, Legal Counsel for the Town requested of the Zoning Board, if the direction is to grant a Use Variance with conditions that the Applicant consent to temporal five (5 ) year Variance on the record . Public Hearing Fore, 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 After reviewing the Applicant's Application and the Town of Lansing' s Zoning Ordinance with regards to various viable uses in the B 1 District, Greg Travis inquired from the Applicant/Agent as to what would make this property uses different from any other property in the B 1 District. Charles Guttman, Esq. for Mr. Pinney explained this is a unique situation. This is an existing building on the site. When Mr. Pinney purchased the property on May 9, 2002 Warehousing was a permissible use. Mr. Pinney began using the building for Warehousing of his own personal items and also allowing others to use it. While this use has continued, the Zoning Ordinance has since • been updated disallowing Warehouse, Storage or Wholesaling of nonagricultural good or materials in the B 1 District. R DRAFT • Mr. Guttman further indicated to the Members that there is a current case pending in The Town of Lansing's Court (Town of Lansing vs. A. Scott Pinney) as to whether this is a violation of the Zoning Ordinance. Mr. Pinney ` s position is that it is not a violation because it is a permitted grandfathered use. David Dittman inquired if Mr. Pinney has placed this property with a Commercial Real Estate Dealer for leasing. Mr. Pinney indicated he owns several Commercial Buildings in the area and he does not list with an agent. Agent David Yaman provided Mr. Guttman with a letter stating he is unaware of any prospective tenants for the property in question. In order for this property to be leased for some other purpose other than a Warehouse, Mr. Pinney would have to invest in a large amount of money. The property was purchased for $75,000.00 and most recently $45,000.00 was spent for a new roof. Due to the lot size, a larger Septic System would not be permitted, therefore, disallowing a different use to go into the building. Currently the building is being leased year to year for $ 1 ,500.00 per month. The total assessment for the building is $ 140,000-$ 160,000 with annual taxes of$3 ,900. A brief discussion was held in regards to the previous Ordinance. Warehousing of nonagricultural materials was a permitted use subject to Site Plan Review in the B 1 District. Gregg Travis read the Use Variance Criteria : • Whether benefit can be achieved by other means feasible to applicant No . • • Undesirable change in neighborhood character or to nearbyproperties ; No . 0 Whether request is substantial ; No . • Whether request will have adverse physical or environmental effects ; No . • Whether alleged difficulty is self- created ; Yes, however, Mr. Pinney was under the impression that it was a permitted grandfathered use. Gregg Travis completed the SEQR. Greg Travis made a motion to declare a negative declaration. Henry (Hurf) Sheldon seconded . VOTE AS FOLLOWS : Ronald Bricker — Aye David Dittman — Aye Daniel Konowalow - Aye • Henry (Hurf) Sheldon — Aye Gregg Travis - Aye DRAFT • MOTION CARRIED . David Dittman made a motion to grant a Use Variance for a period of five (5) years at which time a review of the buildings hardship will take place to see if it has been removed . Ronald Bricker seconded the motion. VOTE AS FOLLOWS : Ronald Bricker — Aye David Dittman — Aye Daniel Konowalow - Aye Henry (Hurf) Sheldon — Aye Gregg Travis — Aye MOTION CARRIED . Gregg Travis recommended for the record that Mr. Pinney go before the Planning Board to mutually agree on Site recommendations . Henry (Hurt) Sheldon, ZBA Member suggested that Mr. Pinney apply a coat of paint to the exterior of the building for appearance purposes . Hillary Wild requested for the record that Mr. Pinney indicate on the record that he fully understands that the five (5 ) year Variance does not mean that he is waiving his right to continue to use the property assuming he has the grandfather right after the five (5 ) year Variance term is up. • A. Scott Pinney indicated that he understands that he must return to the Zoning Board of Appeals in five ( 5 ) years if necessary to apply for the renewal of the five (5 ) year Variance. Daniel Konowalow made a motion to close the Public Hearing at 8 : 30 PM . Henry (Hurt) Sheldon seconded . VOTE AS FOLLOWS : Ronald Bricker — Aye David Dittman — Aye Daniel Konowalow - Aye Henry (Hurf) Sheldon — Aye Gregg Travis - Aye MOTION CARRIED . Approval/Denial of September 19 2006 Minutes David Dittman made a motion to approve the minutes as submitted. Ronald Bricker seconded. VOTE AS FOLLOWS : Ronald Bricker — Aye • David Dittman — Aye DRAFT Daniel Konowalow - Abstained Henry (Hurf) Sheldon — Aye Gregg Travis - Aye MOTION CARRIED . Lorraine Moynihan Schmitt advised the Members that she will notify the Tompkins County Planning Department of the Zoning Board ' s decision made tonight. Daniel Konowalow made a motion to adjourn the meeting at 9 : 00 PM . Henry (Hurt) Sheldon seconded . VOTE AS FOLLOWS : Ronald Bricker — Aye David Dittman — Aye Daniel Konowalow - Aye Henry (Hurt) Sheldon — Aye Gregg Travis - Aye MOTION CARRIED . • Town of Lansing Zoning Board of Appeals Meeting October 17, 2006 Visitors Please Sign In Below : (Please Print) Name Address http : //www . lansingtown . com/ ��,� 14 TOWN of LANSING "Home of Industry, Agriculture and Scenic Beauty " 4 ZONING , PLANNING AND CODE ENFORCEMENT Box 186 Lansing, NY 14882 �1 1 �i E-mail : loleodes@lwcny . rr. com Town of Lansing Zoning Board of Appeals Meeting October 17 , 2006 7 : 00 PM Lansing Town Hall — Large Court Room Agenda. Trrm Agenda Topics 7W PM Public Hearing 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 Approval/Denial of September 19, 2006 Minutes Any Other Business Deemed Necessary