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Home My WebLink About2007-03-20 Approved ZBa 3/20/07 • Lairlsong Tuesday , March 20 , 2007 5 : 00 PM , Zoning Board of Appeais Meeting ZONING BOARD OF APPEALS MEMBERS (*Denotes present) * Gregg Travis. Chairman * David Dittman * Linda Hirvonen * Dan Konowalow Ronald Bricker * Henry (Hurt) Sheldon Darby Kiley; Environmental Planner Richard G . Platt, Code Enforcement Officer * Bud Shattuck, ToNvn Board Liaison * Lorraine Moynihan Schmitt, Esq . PUBLIC PRESENT A. Scott Pinney Alan Mancil Tracy Pinney Lori Pinney Thomas Foster Fred Everts Hilary Wild, Esq . Rick Wallace, Esq . Charles Purcell Terry Freund Scott Morgan Richard Pinney Jr. Connie Wilcox GENERAL BUSINESS Gregg Travis, Chairman of the Board called the meeting to order at 5 : 02 PM Recording Secretary clarified for the record, the correct address being 3070 North Triphammer Road . PRESENTATION Mr. A. Scott :Pinney appeared before the Zoning Board of Appeals requesting 1 . An Appeal under Section 1001 . l of the Town of Lansing Land Use Ordinance, reversing the decision of the Code Enforcement Officer, and 2 . A subsequent request for a Use Variance under section 1002 of the Town of Lansing Land Use Ordinance . Mr. Rick Wallace, Attorney for Mr. Pinney introduced himself to the Board . Mr. Wallace questioned Mr. Platt ' s interpretation of an "expanded use" as to whether it is accurate or not. Mr. Wallace further stated his client will suggest to the Board that his use is the same • as his predecessor including not just the sides, but also the back lot . Approved Zsa ' 3/20/07 • Ms . Lorraine Moynihan' Schmitt; Attornev for the Town of Lansing Planning Board cautioned the Board to the effect that the Application for review of the Code Enforcement Officer decision must be filed within 60 days of the filing of the Code Enforcement Officers ' determination. Mr. Platt ' s correspondence was dated November 27, 2006 and filed within the Code Enforcement Office on that date, therefore; the Appeal was filed in an untimely manner. J Mr. Pinney states he purchased the property in May of 2002 from Mr. Stephen Varga who at the time housed an Excavating Business on the existing site . Mr. Pinney states he takes great pride in maintaining his property which shows by the erection of a single family residence, signage, flowers, and black top. Mr. Pinney believes he is being targeted due- to a recent home purchase in his neighborhood by a Planning Board Member. Mr. Pinney contends that when he purchased his property he had numerous meetings with Dick Platt to make sure that he could run his Excavating Business from this location. Mr. Platt sent a letter advising Mr. Pinney that he could use the property for his business as Iona as there is no expansion or acknowledgeable change to the site . At no time did Mr. Platt ever call Mr. Pinney inquiring about the use of the property or expansion . In November of 2006 Mr. Platt sent a letter to Mr. Pinney advising him that there appeared to be an expanded use on the site . Prior to this Meeting, Mr. Pinney has spoken with the previous owner, Mr. Varga who indicated that he had a arreater number of employees, stock piles were also on the site, and he used the back to turn his equipment around . Mr. Pinney states they both stored their equipment outside of the shop, just in different locations . • Zoning Member(s) Linda IIirvonen and Henry (Hurt) Sheldon stated they needed to know the definition of " expansion" as Mr.Platt ' s letter does not go into specifics . Gregg Travis inquired from Legal Council when the period of expansion starts? Is it the time the land transfer occurred or look back at the volume of work? Ms . Moynihan Schmitt stated the Board should look at Vargas ' use and Mr. Pinney ' s right to continue a non conforming use which may also include a right to somewhat increase the volume. Public. Comments/Concerns Tom foster: States his family has resided at 3 Sharon Drive for 20 years and since Mr. Pinney purchased his property; the entire area has improved . In addition, Mr . Foster has never seen any of Mr. Pinney ' s equipment on Otti Drive. Mr. Vargas also had a Rock Sorter on the site, Dump Trucks and mountains of dirt . Alan Mancil : States he has resided at 3061 North Triphammer for 9 years and agrees that Mr. Pinney has certainly cleaned the place up . Mr. Pinney Is equipment is well maintained_ the business never, makes noise at night and is he considerate of his neighbors. V Charles Purcell : States he has resided at 3060 North Triphammer for 3 years and if people are worried about an adverse affect or the value on their homes due to Mr. Pinney Is Business location, obviously the County doesn ' t . An increase in Mr. Purcell ' s • assessment of $60, 000 has occurred on his property in the last 3 years . Mr. Purcell r Approved ZBA 3/20/07 suggested that any and all concerned property owners that are worried about adverse affect should contact the Tompkins County Assessment Office. After a brief discussion, it was suggested by Mr. Wallace, Esq . that the Code Enforcement Officer issue a new letter providing more details as to the nature of the expanded use and also propose a curative action for Mr. Pinney . Ms . Moynihan Schmitt counseled moving forward with, setting a Public Hearing on the Use Variance and SEQR Review, as well as requesting a letter from Mr. Platt addressed to the Zoning Board of Appeals . David Dittman made a motion to set a Public Hearing on the Use Variance, and SEQR Review for Tuesday, May 15 , 2007 at 7 : 05 PM. In addition, the Board is requesting Richard Platt provide the Zoning Board of Appeals with a written definition of what he views as " expansion" . Daniel Konowalow seconded . VOTE AS FOLLOWS : David Dittman — Ave Linda Hirvonen — Aye Daniel Konowalow — Aye Henry (Hurf) Sheldon — Aye • Gregg Travis — Aye MOTION CARRIED . After further discussion, it was agreed that Mr. Pinney be placed on the April 17, 2007 Agenda in addition to the May 15 , 2007 date . Ayoroval/Denial of February 20, 2007 Minutes David Dittman made a motion to accept the minutes as presented . Henry (Hurf) Sheldon seconded . VOTE AS FOLLOWS : David Dittman — Aye Henry (Hurf) Sheldon — Aye Linda Hirvonen — Aye Daniel Konowalow - Abstained Gregg Travis - Aye MOTION CARRIED . Daniel Konowalow made a motion to adjourn the meetinv at 6 : 20 PM. David Dittman seconded . Approved zsA 3/20/07 • VOTE AS FOLLOWS : David Dittman - Aye Linda Hirvonen — Aye Daniel Konowalow — Aye Henry (Hurfl Sheldon — Aye Gregg Travis - Aye MOTION CARRIED . • M Town of Lansing Zoning Board of Appeals Meeting 1000 March 20 , 2007 Visitors Please Sign In Below : (Please Print) Name Address it Tt LA ru td � I / tj 1 I a S t (flies Tr C, Ous u http : //www . lansingtown . com/ B 34 TOWN of LANSING • Q "Home of Industry, Agriculture and Scenic Beauty " 9, ZONING , PLANNING AND CODE ENFORCEMENT Box 186 Lansing, NY 14882 , II E-mail : tolcodes@tweny . rr. com Town of Lansing Zoning Board of Appeals Meeting March 20 , 2007 5 * 00 PM Lansing Town Hall — Large Court Room Agenda • Tune: Agenda Topics 5M PM Acceptance/Denial To Hear Case For. Use Variance, 3070 North Triphammer Road, Parcel # 37.1 -2-24.229 R1 District. Applicant: A. Scott Pinney Approval/Denial of February 20, 2007 Minutes Any Other Business Deemed Necessary • Page 1 of 2 Tolcodes • From : "Lorraine Moynihan Schmitt" < LSchmitt@thalerandthaler.com> To : "'Tolcodes"' <ticodes@twcny . rr. com> Cc : "'Gregg Travis, ZBA Chairman"' <GFT1@cornell.edu> ; "'Darby Kiley"' <darbyk@twcny .rr. com> Sent. Tuesday, February 27 , 2007 1 : 15 PM Subject: RE : 2-20-07 Zoning Board Minutes Dear Greg , Darby and Rachel: Two concerns with the minutes : 1 . Area Variances for one- three family residences do not trigger SEQR. They are a Type II action under 617.5(13). 1 spoke with bick and Rachel and suggested that we,just delete the Resolution from the minutes (which improperly designates the action as Unlisted ). The fact that the board conducted an unnecessary SEQR is not harmful- so no need to be concerned there— and that part of the minutes can remain . Going forward , use variances do require SEQR but area variances for 1 - 3 family dwellings do not. . . The only reason an area variance request would trigger SEAR is if it were a Type I action or some other Unlisted threshold were triggered . . 2 . The standard used to determine whether to grant the area variance was absolutely perfect, but prong•five of the area variance balancing criteria as set forth in the minutes states that "the existing home is already in the Road Right of Way. " I was concerned that this meant the Highway ROW Route 34—which would require DOT involvement— However, Dick advised that it is just within the Town 's maximum set back not the Highway ROW. Rachel and Dick will revise the language in the minutes to reflect that. • Please let me know if you have any questions. Thanks , Lorraine Lorraine Moynihan Schmitt, Esq . Thaler & Thaler 309 North Tioga Street P . O. Box 266 Ithaca , New York 14851 -0266 Telephone: (607)272-2314 Facsimile : (607)272-8466 Confidentiality Notice : The information contained in this email message may be legally privileged and contain confidential information , and is intended only for the use of the individual or entity to whom it is addressed . If the reader of this message is not the intended recipient, you are hereby notified that any dissemination , distribution , or copying of this message is strictly prohibited . If you have received this email in error, please immediately notify us be telephone (607-272-2314) , by fax (607-272-8466) , or by return email and delete this message . If you have not formally retained this firm for legal services , then we are not your attorneys and neither this communication nor any attachments hereto constitute the provision of legal services or the establishment or confirmation of an attorney-client relationship . From : Tolcodes [mailto :tolcodes@twcny. rr.coml Sent: Monday, February 26, 2007 11 : 12 AM • To: Lorraine Moynihan Schmitt Cc: Gregg Travis, ZBA Chairman Subject: 2-20-07 Zoning Board Minutes 2/27/2007 Page 2 of 2 71 l Gregg & Lorraine , Please review and advise . Thank you . Rachel i 2/27/2007 40 Zoning Board of Appeals 2007 Applications Application Applicant ' s Name/Project Title Number /1 �Y -- C , Nod ?3 R8 . O d- I CK GrS - I-S r e, c) RarZ rAr�Y � Uri c - arze cs 3 - 1 s � , - 3 - z.s - Varl Qhce — 0 — Oq C Noel 3 A f4u.6LArn arC 4 0 6 e( �.� Jtwk PrODOrIS 7 D9S u( ' • c\ 'rot X 1. I) re.c, Vox- a-ince — Yh .A4roor-. - RA n • rk rr el af- Q - 1803 E - Skore, ar —I�Cfx Parrcl - 7 - 15k I' tsc, i Sq1 0 er (L ' d 3 C;) - I/ rear Upr av, — I {- Parc c.l - rce, f e G�Q •