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Home My WebLink About2007-05-01 DRAFT zBA05ro1Yo7 Town of Lansing Tuesday, May 1, 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 (Hurf) Sheldon * Darby Kiley, Environmental Planner * Richard G. Platt, Code Enforcement Officer Bud Shattuck, Town Board Liaison * Lorraine Moynihan Schmitt, Esq. PUBLIC PRESENT Alan Myers Vicky Myers William J. Kennedy Susan Arotsky Torn Watts Tom LiVigne GENERAL BUSINESS Gregg Travis, Chairman of the Board called the meeting to order at 7:04 PM Mr. Travis inquired if there was any other business the Public would like to discuss. There was none. Linda Hirvonen made a motion to open the Public Hearing at 7. 05 PA Daniel Konowalow seconded . VOTE AS FOLLOWS: Ronald Bricker - Aye David DittYnan - Aye Linda Hirvonen - Aye Daniel Konowalow - Aye Henry (Hurt) Sheldon - Aye � t DRAFT ZBA 05/01 /07 Gregg Travis - Aye MOTION CARRIED. Area Variance, Grandview Drive. Parcel # (s) 40.3=15 & 4%4w25, R1 Districts Apphcant Veronica Bednarrzyk, Ants: Myer, Alan & Vicky Gregg Travis, Chairman read the Legal Notice published in. The Ithaca Journal. Additional material, received in The Code Enforcement Office was distributed to the Members for review. Ms Lorraine Moynihan Schmitt, Esq. commended Mrs Myers, The Agent for the Applicant for her research and tenacity. Ms. Moynihan Schmitt has had the opportunity to review Jay Franklin's letter, Assistant Director of Assessment for Tompkins County as well as the Real Property Tax Law, Title 1V, Section 540. It appears that the present owner consolidated the property through the Assessment Office for tax assessment purposes only. There was no formal abandonment of any property rights or restrictions of the original status of the property. Ms. Moynihan further stated this land appears to continue to have the Subdivision status. The amended. Application request for the Area Variance is for application (1) Subdivision and application (2) Consolidate and Combine, which is now moot given the new information provided. The question then, becomes is application (3) Building Lot Approval still an Application before the Board, or is that also Grandfathered. Ms. Moynihan has requested that the Code Enforcement Officer be present this evening to offer his expert advice on Drainage/Septic concerns and also the original status of the Subdivision Lot Public Comment Alan Myers gave a brief explanation of their intent to remain residing in the Lansing area for an extend period of time Richard Platt, QED, for The Town of Lansing and a former Builder staged for the record that this situation. would fall under the current Land Use Ordinance under Article 1001.0 CONTINUANCE Except as otherwise provided in this Article X, the lawful nonconforming use of any land, building or lot existing at the date of adoption or amendment of this Ordinance may be continued even though such use, building or lot does not conform to the regulations specified for the zoning district in which such land, building or lot is located. Unless set forth to the contrary elsewhere in this Ordinance: Mr. Platt further stated it is well known that a drainage problem exists in that area. A conversation took place between Mr. Platt; Mr. Kennedy and Mr. Purdy concerning working out a common drainage system but, they would have to go across Mr. Kennedy's lawn Mr. Platt suggested all parties get together and propose a plan at the new developer's expense. Linda f- irvonen questioned. Mr. Platt if there is a New York State Law that states you may not put further drainage onto your neighbor's property from your property. Mr. Platt indicated in the New York State Building Codes it does not specify that what it does say is that it can not be a Public Nuisance, Richard Platt C.E.O. stated for the record that the parcel in question was indeed a building lot. DRAFT ZBaosiovo7 • William Kennedy submitted a letter of opposition, reasons stem from Environmental Factors, Town Planning and Code Enforcement Mr. Kennedy further stated 3 yrs ago when Mr. Purdy erected his home not a word was mentioned of the drainage issues. Furthermore, Mr. Purdy's Septic Drainage empties out about Y from the Kennedy property. Mr. Kennedy is flabbergasted to hear that the Town of Lansing has gone to the extent of creating an Ordinance with the knowledge of drainage issues, yet they permit construction to continue under these circumstances. Mr. Kennedy states it is bizarre in the sense that the Neighborhood has changed so dramatically, and then to resort to a grandfathering clause for a Neighborhood Lorraine Moynihan Schmitt advised Mr. Kennedy that the Code Enforcement Office must work with the current Ordinance, however, the Land Use Ordinance is in the process of being revised and drainage could be an issue to be brought before the Committee. Gregg Travis indicated when the time comes for a Building Permit:, Health Department approval must be provided prior to issuance of the permit The Zoning Board of Appeals suggested various options to Mr. Kennedy that he could pursue for assistance such as, contacting the Tompkins County Health Department; The Code Enforcement Office , New Neighbors and The Planning Department Lorraine Moynihan Schmitt advised Mr. Kennedy that the Board is not advising him what to do; they are merely giving him options of what he may choose to do. • Tom Watts also has drainage issues on his property and does not have the resources to fund drainage concerns on his property. Susan Arotskv also indicated she is having drainage issues stemming from a neighbor's property. Ms. Arotsky also states she is unable to afford to have her problem corrected and would like to make sure that fixing one problem will not create another. Daniel Konowalow made a motion to close the Public Hearing at 7.51 PA David Dittman seconded. VOTE AS FOLLOWS: Ronald Bricker - Aye David Dittman - Aye Linda Hirvonen - Aye Daniel Konowalow - Aye Henry (Hurf) Sheldon - Aye Gregg Travis - Aye MOTION CARRIED. • DRAFT ZBA 05/01/07 David Dittman made a motion for the record that in light of the information provided by the Tompkins County Assessment Office and The Code Enforcement Officer, this case did not fall under The Zoning Board of Appeals jurisdiction due to the parcel in question being a legal existing Building Lot. Linda Hirvonen seconded VOTE AS FOLLOWS: Ronald Bricker - Aye David Dittman - Aye Linda Hirvonen - Aye Daniel Konowalow - Aye Henry (Hurf) Sheldon - Aye Gregg Travis .- Aye MOTION CARRIED Approval/Denial of April 17,2007 Minutes David Dittman made a motion to approve the minutes as presented. Henry (Hurf) Sheldon seconded. VOTE AS FOLLOWS: Ronald Bricker - Aye David Dittman - Aye Linda Hirvonen - Aye Daniel Konowalow - Abstained Henry (Hurf) Sheldon - Aye Gregg Travis - Aye MOTION CARRIED. Other Business Henry (Hurf) Sheldon inquired as to the outcome of Mr. A. Scott Pinney's visit to the Planning Board for guidance with regards to his property at 2073 East Shore Drive, Parcel # 37. 1-2-3. Ms. Moynihan Schmitt explained there was a miscommunication between the Boards and the topic of Uses were discussed rather than site appearance. Ms. Moynihan Schmitt made Clarification for the record at the Joint Planning/ Town Board Meeting held on March 26, 2007. After further discussion, it was the consensus of the Board that Ms. Moynihan Schmitt draft a letter from the ZBA Board to Mr. A . Scott Pinney expressing their request. David Dittman made a motion to adjourn the Meeting at 8:05 PM. Daniel Konowalow seconded . VOTE AS FOLLOWS: Ronald Bricker - Aye DRAFT zBAosrovo7 David Dittman — Aye Henry (Hur fl Sheldon — Aye Linda Hirvonen — Aye Gregg Travis — Aye MOTION CARRIED. w U Z � o Z in LLJ •` o Q N O X X X X X X X X X X � o o � O O N O r- X X X X o o X X X X 0 0 O O X X X X O X X X X N M O c X X o X o o X o X o N N O O O X X X X X X X Occ O E `) t 0 cn (n Q a� a) = L m f0 L N J U L O ° U coC C C C • w �° c o 0 � g c a> m c C 3 v ui> c �c 0 0 0 c`v U U C N M m` o = Y a U) F`- Town of Lansing Zoning Board of Appeals Meeting May 1 , 2007 Visitors Please Sign In Below : (Please Print) Name Address o 2z e ut�, ? t"4� l � �� A�v� Cgt z o http : //www . lansingtown . com/ T O WN of LANSING Q� 34 a< B "Home of Industry, Agriculture and Scenic Beauty " ZONING , PLANNING AND CODE ENFORCEMENT Box 186 Lansiug, NY 14882 �l E-mail : tolcodes@twcny. rr. eom Town of Lansing Zoning Board of Appeals Meeting May 1 , 2007 7@00 PM Lansing Town Hall — Large Court Room Agenda Tm�ec Agenda Topics 7A0 PM Area Variance, Grandview Drive, Parcel # (s) 40:345 & 40:3-25, 111 District, Applicant: Myers, Alan & Vicky Approval/Denial of April 17, 2007 Minutes Any Other Business Deemed Necessary