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Home My WebLink About2007-04-17 �h p APPROVED ZBw 04/17/07 Town Lansing Tuesday, April 17, 2007 7: 00 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 Darby Kiley, Enviro ►i l.ental Platter Richard G. Platt, Code Enforcement Officer Bud Shattuck, Town Board. Liaison Lorraine Moynihan Schmitt, Esq. PUBLIC PRESENT A. Scott Pinney Al Myers Vicky Myers Tom Ellis • Connie Wilcox GENERAL BUSINESS Gregg Travis, Chairman of the Board called the meeting to order at 7: 02 PM Acceptance/Denial To Hear Case For. Use Variance, 3070 North Triphammer Road, Parcel # 37.1-2-24.22, R1 District. Applicant A. Scott Pinney . Ms. Moynihan Schmitt indicated to the Members that at the last ZBA Meeting it was made clear from a legal standpoint that Mr. Pinney's Application had not been filed in a . timely manner (60 day statue of limitation) from the Code Enforcement Officers decision therefore, the Applicant must move forward with a req uest for a Use Variance. Chairman Travis inquired from the Public if there was anyone caring to speak regarding this request Public Comment Tom Ellis: Property owner adjacent to 3070 North Triphammer Road distributed photos of Mr. Pinney's property to all present Mr. Ellis explained that he purchased this property last year with full knowledge that: 1. This was one of the most coveted R1 District in the Town 2. There was an ongoing question about Mr. Pinney's Use. 1 APPROVED zsa 04/17107 • Mr. . Ellis felt confident that the situation with Mr. Pinney would. be remedied, preserving and protecting the R1 District Mr. Ellis continued by saying Ile knew the previous owner, Stephen Varga who used it for an Excavating Business. Mr. Varga has only owned four (4) pieces of equipment one (1.) truck. The equipment was never stored outside, and he drove the truck home. If he did leave his equipment outside, they were out back behind the building. As for the rock crusher set up, that was a two week (2) operation to strain the topsoil that he was recycling. Mr. Ellis further stated that when Mr. Pinney purchased the property :he was provided by the Town with a .letter indicating that the Grandfathered Use would be allowed and continued Use in a similar fashion. Mr. Ellis s interruption of that is that Mr. Pinney may continue to store his equipment inside, and can expand however he must follow the proper procedure. The photos distributed clearly shows storage bins and storage racks within 30 feet of Mr. Ellis's property with no attempt to buffer. In addition to Mr. Pinney owning an Excavation Business, it is also a Rental/ Leasing Operation of large Equipment Custorners are coming and going all hours of the day creating noise from the back up alarms, not to . mention the exhaust fumes. Mr. Ellis states that due to the amount of land. Mr. Pinney owns, there is no way adequate buffers can be installed . Mr. Ellis further stated Mr. Pinney owns land in the ER, B1, R3, and RA Zone where he could relocate his Business. Mr. Ellis encouraged the Board to think about protecting the R1. District where people can live without fear of a Commercial Business, Bud Shattuck, Deputy Supervisor advised all present that the Town Board became involved in this matter in November of 2006 when they were made aware of a Use Ding done out of the character it should be. The Town took into consideration who the people were and tried two support both of them in their requests. The Town then supported this Use with the proper limitations such as buffers, limited hours of operation etc. . . Member Discussion Darby Kiley distributed a letter from previous owner, Stephen Varga, as to how he used the property and distributed additional Aerial. Photos. Linda. Hirvonen stated the dated photos presented show a lot more equipment on site then. in 2002. However, the Machinery Equipment could have been else where at the time the Aerial Photo was taken. It is hard to make that determination. David Dittman indicated that the Concrete Boxes are an expanded use. APPROVED Zs,a 04117/07 Lorraine Moynihan Sclmutt gave an explanation to the Members of what is called a Natural Expansion Doctrine" . If you have the same business and you have a normal expansion of growth that is pernnitted under the Law. The general rule for the right to continue a nonconforming use is that the nonconforming use does not expand the use. The right to continue the nonconforming use does not include the right to extend or enlarge such use ui some circumstances. Some specifics are: a mere increase in the volume or intensity of the Use without a concurrent variation or alteration of the type of activity. That is not usually an impermissible extension or expansion. Conversely if you have an increase in volume and/ or intensity and you also have a change in the Use, then ifs a case by case analysis and the Board has a lot of discretion in this area. J .. David Dittman moved to accept the amended Application of A. Scott Pinney and set a Public Hearing to review the Application and Environmental Review on Tuesday, May 15, 2007 at 7:05 PM . Linda Hirvonen seconded. VOTE AS FOLLOWS: Ronald Bricker - Ave David Dittman - Ave Linda Hirvonen - Ave Henry (Hurf) Sheldon - Ave Gregg Travis - Ave MOTION CARRIED, * Gregg Travis, Chairman advised Mr. A. Scott Pinney that the Board is suggesting that he return with as muds information facts on the number and types) of Equipment that he typically has stored inside or outside at the site. Accep ance/Denial To Hear Case For. Area Variance, Grandview Drive, Parcel # (s) 40.-3-15 & 40.-3-25, R1 District, Applicant: Myers, Alan & Vic Alan & Vicky Mvers, Agent for Veronica Bednarczvk appeared before the Zoning Board requesting an Area Variance. As long time Residents of the Lansing area, the Myers would like to build a new home and remain in the Lansing School Distinct The land the Myers have located and are currently in the process of purchasing was once -a building lot pilor to Zoni ng. However, due the current owner now being on a fixed income, it was consolidated for tax purposes. The Myers contend that if the parcel(s) in question had not been consolidated the entire sale of the property would have been Grandfathered as a building lot and the current lot req uirements would not leave to be satisfied. The Myers state their lot size they will remain consistent in character with the surrounding properties withinn the neighborhood. i APPROVED zaA 04/17/07 Lorraine Movnihhan Schmitt advised the Myers that their request to waive the Public Hearing can not be honored as the Zoning Board of Appeals is not permitted to do so under Town Law 267 (a) Sub Section 7. After further discussion it was determined that the request is for two separate items,, the first being to create a nonconforming building lot, and after annexation of the adjacent lot approval to erect a single family residence on the lot. Henry (Hurt) Sheldon made a motion to amend the original Application requesting an Area Variance to Subdivide to include approval to erect a Single Family Residence contingent upon annexing the adjacent property. In addition, set a Public Hearing for Tuesdav, Mav 1, 2007 at 7:05 PM. Ronald Bricker seconded. VOTE AS FOLLOWS. Ronald Bricker - Ave David Dittman - Ave Henry (Hurf) Sheldon - Ave Linda Hirvonen - Ave Gregg Travis - Ave MOTION CARRIED. Approval/Denhad of March 20, 2007 Minutes Ronald Bricker requested that his name be removed from attending the March 2011, meeting as he was absent. Linda Hirvonen requested on page 2, 211d paragraph the word sale be changed to purchased . Linda Hirvonen made. a motion to approve the minutes as amended . David Dittman seconded . VOTE AS FOLLOWS: Ronald Bricker - Ave David Dittman — .Ave Henry (Hurt} Sheldon — Ave Linda Hirvonen — Ave Gregg Travis — Aye MOTION CARRIED. Linda Hirvonen made a motion to adjourn the Meeting at 8:30 PM. Henry (Hurt] Sheldon seconded. APPROVED ZBA 04/17/07 VOTE AS FOLLOWS: Ronald Bricker - Aye David Dittman — .Ave henry (Hurt) Sheldon - Aye Linda Hirvonen — Aye Gregg Travis — Ave MOTION CARRIED. 0 Town of Lansing Zoning Board of Appeals Meeting April 17 , 2007 Visitors Please Sign In Below : (Please Print) Name Address A I M Pa , ZAiosaMy �I ► M e.(6 wo (r .n am Ny ► � 005c) Off'; • http : //www . lansingtown . com/