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HomeMy WebLinkAbout2007-05-15 i � APPROVED ZBA05/15/07 Town ®f Lansing Tuesday, May 15, 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 Greg Bush Carmen Mix Vicki Hillary Scott Morgan Dick Pinney Ken Hillary • Greg Jordan Donna Doty Tim Cornell Pat Russell Stewart Doty Thomas Sill John Russell Lori Pinney Tracy Pinney Emma Hamer Fred Everts Alan Littlefair Don Hamer Todd Mix Brent Zifchock Gary Garrett Terry Freund Shary Zifchock Hazel Garrett Steven Nedrow Paul Southard Tom Ellis Sue Maul Scott Howard Joan Ellis Bill Maul Jamie Spencer Charles Guttman Alan Mancil Tom McGiff A. Scott Pinney Thomas Foster Dick Lobdell Numerous Other People GENERAL BUSINESS Gregg Travis, Chairman of the Board called the Meeting to order at 7:08 PM Use Variance - Public Hearin, 3070 North Triphammer Road, Parcel # 37.1-M4=r R1 DistricL Applicant A. Scott PinneX • Greg Travis read the Legal Notice published in The Ithaca Journal. APPROVED zBA 05/15/07 • Henry (Hurt) Sheldon made a motion to open the Public Hearing at 7: 10 PM. David Dittman seconded. VOTE AS FOLLOWS. Ronald Bricker - Aye David Dittman - Aye Daniel Konowalow - Aye Henry (Hurt) Sheldon - Aye Gregg Travis - Aye MOTION CARRIED. Applicant/Attorney Presentation Mr. Charles Guttman, attorney for the applicant gave a brief statement as follows; Mr. Pinney purchased the property 5-6 years ago from Mr. Stephen Varga who owned his own excavating business at the site in question. Mr. Varga used the property for the storage of his construction equipment, topsoil and rock. On a portion of the property, Mr. & Mrs. Pinney have erected a single family • residence for their use. Mr. Guttman states that 100 % of the property which is now being used for storage of equipment and construction material was being used by Mr. Varga for the exact same business. Mr. Guttman believes - what has changed is the use. It is probably a little more intensified. The piles of rocks and topsoil that pre-existed Mr. Pinney' s ownership has since been moved and now used for parking of Mr. Pinney' s equipment. Mr. Pinney has improved the quality of the parking area by applying a thicker layer of crusher run which cuts down on dust In addition, he has paved the front of the shop area with blacktop. According to Mr. Guttman, the use has not altered the nature of the neighborhood. This is less intrusive, not as dusty or noisy. Mr. Guttman contends the use is pre-existing and Mr. Pinney has not changed anything to create a self hardship. Mr. A. Scott Pinney states he feels he runs his business in a professional manner and is courteous to his neighbors. Mr. Pinney does not feel he uses anymore space than necessary. A home was erected on the site that uses a large amount of the property, with the remaining land being used as the same business that Mr. . Varga had. Mr. Pinney states when Mr. Varga owned the property he had larger piles of rock and dirt stored on the property than he. Mr. Pinney states he has not had a reply from Richard Platt, C. E.O. or the Town as to what they consider s APPROVED zsa 05/15/07 • "expanded Use" and feels if this is going to be a long process, someone should explain Applicant/Witnessm' Tom Foster resident since 1986 observed dirt piles, screener, and a dump truck on the property when Mr. Varga owned the site. Potholes were created by Mr. Varga which Mr. Foster had to cover the expense to fix Mr. Foster states since Mr. Pinney moved in he has improved the property 100% . There is no portion of the land that Mr. Pinney is using that Mr. Varga did not Mr. Foster does not hear the noise or have dust problems. Greg Bush is an employee for Mr. Pinney. Mr. Bush stated he was never was on the property when Mr. Varga owned it; Mr. Bush has only visually observed the property while driving on North Triphammer Road. When asked by Mr. Guttman if there is any part of the property that Mr. Pinney is now using for storage of construction equipment or Materials that Mr. Varga did not use it for, Mr. Bush replied no. Dick Pinney states Scott is his Son, and he is familiar with the property. In addition, he is familiar with Mr. Varga as they were in the same type of business. Mr. Pinney states his son is using less property due to the location of his new home and landscaping. • Previously Mr. Varga had piles of dirt where the home is located Public Comment Jamie Spencer stages he grew up in the neighborhood and would sled off of Mr. Vargds piles of dirt and rock on his property. There were multiple piles on the property. The property appearance was an overgrown field. Mr. Pinney may have expanded the driveway by removing additional topsoil. Mr. Spencer feels the business has not been expanded. Overall Mr. Pinney is a good neighbor and is quiet Paul Southard states this is a non-conforming use in the R1 District Mr. Southard has resided in the area since 1984 and feels the operation has expanded. From the visual aspect the Use has changed a great deal. Mr. Southard now sees an operation that he was Previously almost unaware of. A large amount of equipment to include, a road grader, bulldozers, back hoes, loaders and bulk material was visible up until today from Franklin and Triphammer Road. In addition, the sounds of trucks, engines, back up alarms and tail gates slamming can be heard at his home. Dust is stirred'up on the road, and occasionally mud on the road from the site. It was essentially invisible from 1984 until Mr. Pinney purchased the property. Mr. Southard feels this is a variance that should not be granted. APPROVED zsA 05n 5/07 Vicki Hillary who resides one adjacent property from Mr. Pinney states she has lived • there since 1987 and was unaware of any screening business that Mr. Varga had. On occasion she did have permission to go on the property and obtain rocks for her garden however she was unaware of any screening business. Ms. Hillary further stated if Mr. Varga did indeed have this type of business, then it was invisible to her whereas it is not now. Last April, Ms. Hillary wrote a letter to the code enforcement expressing her concerns. The noise occurs early on Saturday mornings. Carmen Mix stated she lived on Franklyn Drive from 1972 unti11994 at which time Mr. Varga owned the property. The Prior owner was Frank Horvath Ms. Mix was unaware of what was out in the back of the property when Mr. Varga owned the parcel. Every time Ms. Mix passed the property Mr. Vargas Trucks were parked on the side of the property. Dirt and dust were just roaring from the property. Since Mr. Pinney purchased the property he has definitely improved the site. Tom McGill lives directly east of Mr.. Pinney's property. Mr. McGill states it is a gross exaggeration to say that the use of &10 years ago is comparable to the use today. There is a large number of people and equipment coming and going every day. The biggest impact is visual. Previously, the property was not a pretty site, however, it was obscured by large conifers. • Alan Mancd has lived in the area for 8 years and recalls the property in earlier years as being overgrown and not much going on. Since Mr. Mancil has lived there, the county has rebuilt the road, the traffic has increased and not from Mr. Pinney. Mr. Mancil advised all that he drives a company truck that has a back up alarm and he is on call and leaves at strange hours of the night . The neighbors are probably hearing him. Pat Russell states she has lived at 3 Peruville Road since 1976. When Mr. Varga operated his business there they never heard noises. Now when she travels to work she feels this property is unsightly. When sleeping, she is awakened from the beeping and banging which she did not hear when Mr. Varga was there. There is mud in the road caused by Mr. Pinney's equipment Ms. Russell does not feel this is a good idea fio allow this use. Shary Zikhock has known Scott Pinney since he was a little kid Ms. Zifchock states Scott has always kept any property he has owned in tip bop shape. Todd Mix is confused with exactly what the violation is. It sounds like a lot of opinions. Mr. Mix does not have a problem with the business being there then and now. Terry Freund lives directly behind Mr. Pinney's business. Mr. Freund is familiar with the properly and states when Mr. Varga owned it; the site was shielded by an overgrown • mess. Mr. Pinney has cleaned up the site. APPROVED ZBA 05i15ro7 • Tom Ellis owns property in front of Mr. Pinney's Business. Mr. Ellis stated he has known Mr. Varga and has used his business for many years. Mr. Ellis states Mr. Varga only employed his son, he does not now nor ever owned a 10 wheel dump truck Mr. Varga owns a total of 5 pieces of equipment including his truck As for the screening outfit, he did rent a savener for a couple of weeks and that was it It was not there permanently. Mr. Ellis states this is the most coveted district; the R1. Mr. Ellis states if you compare the aerial photos from past to present; you will see expansion of the business today. Mr. Varga did plant pine trees for buffering of his business. Mr. Ellis questioned what will happen to the neighborhood if this business continues to grow with more truck traffic, equipment; truck exhaust; back up alarms and weekend hours. Once this use is allowed and granted, it will only continue to grow and become more intrusive to the R1 community. In the Town Comprehensive Plan and the Zoning Ordinance there is only 1 business allowed in the R1 District; that being an in-home business. Mr. Ellis states thatevidentiy this business expansion will affect the neighborhoods property values negatively. Mr. Ellis feels this expansion is self made by the applicant Nate Snyder states he has lived in Lansing most of this life, he is an employee of Mr. Pinney for the last 10 years. Ifs a fact that assessments keep going up in the Town Mr. Ellis should have researched the business prior to buying the investment property. According to Dick Platfs naked eye "it appears to be expanded". He does not understand what expanded use means. Mr. Pinney's books clearly show he does not • work on Sundays and occasionally on Saturday. Steve Nedrow wanted to clarify for the record that Mr. Varga's property on Davis Road is immaculate, however for Mr. Ellis to insinuate that Mr. Varga moved from Triphammer Road to Davis Road is inaccurate. Mr. Varga shared the equipment storage between the two properties regularly. In addition, Mr. Nedrow states the Town should be more specific when addressing violation issues. Mr. Nedrow has great concerns with using the tax payer's money to settle issues related to the Code Enforcement Officer's opinion Mr. Nedrow questions whether there is a conflict of interest with the Planning Board Member present and the issue. Carl Zifchock states he has lived in Lansing all his life. Currently he resides on Triphammer Road, and there is no noisier road in Lansing than on that road. At one time Mr. Ztkhock worked for Mr. Varga. As for the expansion of Mr. Pinney's Business, Mr. Zifchock does not believe the lot lines have changed on the Pinney property, so how much more could he have expanded? APPROVED ZBA 05n5i07 . • loan Ellis stated, at the last Zoning Board Meeting that she attended, the board requested from Mr. Pinney a list of his equipment inventory that he has on his residential property on a daily basis. Ms. Ellis staffed she took inventory on May 11 and he had the following, a grader, 2 backhoes, a dump truck, 2 pieces of equipment Q Tumblers) 1 moving bed trailer, and a Bobcat with a front loader on it Ms. Ellis has kept track of the equipment over the last month regarding just the equipment that was visible from the road. Just the other day, there was a grader, backhoe, dump truck, 4 pick up trucks, another pick up truck (not Mr. Pinney's) bulldozer, paver and 2 tumblers. Ms. Ellis does not feel that owner(s) in the R1-Residential Areas should have to see that many pieces of equipment from the road. Dick Lobdell has known Mr. Varga since 1964 and says Mr. Varga has had more than 4 pieces of equipment Paul Southard indicated that it sounds like there is a need to have some objective measures of "expanded use." This afternoon Mr. Southard noticed a grader, this evening there is an additional 2 bulldozem, 1 or 2 backhoes, there appears to be tanks on trailers and previously there has been more on site. In addition, there is a large pile of mulch towards Triphammer Road. Bulk material is stored in the back segregated by concrete block that were never visible when Mr. Varga owned the property. Mr. Southard states it appears to him that there is a significant change in the size of the operation, but definitely • a quantity of change in the visibility of the operation. Mr. Southard does not believe this conforms to the R1 zoning. Greg Jordan lives approximately 3 miles from Mr. Pinney's location Mr. Jordan states he travels past this location several times (5-6 minimum) per day and he has seen not one object in the road that would cause a hazard. Mr. Jordan indicated that the number of trucks in and out of the property are minimal Bill Maul stated this case would be very clear if it was grandfathered when Mr. Pinney purchased the land, than he has the right to continue to use it as he sees fit Lorraine Moynihan Schmitt Counsel for the Zoning Board requested to make some clarification regarding the letter from Richard Platt dated November 27, 2006. Ms. Moynihan Schmitt read the letter into the record. The date of the application challenging Mr. Platys determination was March 5, 2007. Unfortunately, Mr. Pinney would have had to make his challenge within 60 days of Mr. Platt's written determination Therefore, the question with regards to expanded use is not before the Zoning Board of Appeals on this date. What is before the Board is whether or not the Board will grant the Applicant's request for a use variance. • Scott Pinney staffed he was involved in another legal issue with the Town over the Egan Building at the time the letter was issued and that is why he did not meet the deadline. APPROVED ZBA 05/15/07 • *Daniel Konowalow excused himself at NO PM* Brent Zifchock inquired what the Town's definition of expansion is. Lorraine Moynihan Schmitt EN. indicated the Town does not have a specific definition of expanded use in the Land Use Ordinance but indicated the definitions set forth in New York case law, namely that although the right to continue a nonconforming uses does not include the right to extend or enlarge such use, a mere increase in the volume or intensity of the use without variation or alteration in the specific type of us is not necessarily as an impermissible expansion Charles Guttman, Eso. asked the Board to kindly grant Mr. Pinney the minimal variance request based upon the four criteria(s) for a Use Variance. Henry (Hurt) Sheldon made a motion to close the Public hearing at 8:48 PM. VOTE AS FOLLOWS: Ronald Bricker - Aye David Dittman - Aye Henry (Hurl) Sheldon - Aye • Gregg Travis - Aye MOTION CARRIED. Gregg Travis, Chairman advised the Public that the Board has 62 days to make a decision on the Pinney use Variance Application. However, the Public was welcome to stay for the rest of the Meeting. Member Discussion David Dittman inquired if the Board grants a Use Variance is there no expanded use clause on that? Lorraine Moynihan Schmitt Esq. counseled the Board to follow the law as it is set forth in Town Law 267-b and that if a Use Variance is granted, the Board must grant the minimum variance deemed necessary and adequate to address the unnecessary hardship proven by the applicant; and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community. Ms. Moynihan Schmitt counseled the board to be very clear as to what the extent of the variance is that is being granted. Ronald Bricker felt it was difficult for him to grant a variance as he does not know what • the use was previously and whether it has or hasn't changed. APPROVED ZBA os/l5/07 Henry (Hurf) Sheldon inquired is the definition of expansion by type or scale? Ms. Moynihan Schmitt indicated Mr. Pinney is doing paving and that is something Mr. Varga did not do. Ms. Moynihan Schmitt counseled the Board to listen carefully to what the applicant is asking for and grant accordingly. Restrictions can be imposed. It was suggested that due to Member Daniel Konowalow temporarily excusing himself from the .Meeting, further discussion and SEQR Public Hearing Review shall be adjourned until a future Meeting. Henry (Hurt) Sheldon made a motion to table the discussion and SEQR Public Hearing/ Review. David Dittman seconded. VOTE AS FOLLOWS: Ronald Bricker - Aye David Dittman - Aye Henry (Hurf) Sheldon - Aye Gregg Travis - Aye MOTION CARRIED. Due to Legal Counsel having other commitments on the regularly scheduled Meeting date, the Board agreed to hold a Meeting on Tuesday, June 5, 2007 beginning at 6:25 PM. Acceptnce/Denial To Hear Case For. Area Variance, 932 Auburn Road, Tax Parcel # 18:113, Applicant Clifford Noel Mr. Noel appeared before the Board requesting an area variance. Mr. Noel would like to add a family room & attached garage to the north side of his home. Mr. Noel states he has 200' plus on the side where the addition would go. Currently, Mr. Noel's home, which was built in 1866, is in the road right of way. Due to the septic system being located in the rear of the home, an addition can not be built there. David Dittman made a motion to accept the application and set a Public Hearing. There is not need to complete a SEQR as this is an area variance. The Public Hearing was set for Tuesday, June 5, 2007 Q 6:25 PM. Henry (Hurt) Sheldon seconded. VOTE AS FOLLOWS: Ronald Bricker - Aye David Dittman - Aye Henry (Hurf) Sheldon - Aye Gregg Travis - Aye APPROVED ZBa 05n5/07 MOTION CARRIED. Approval/Denial of May 1 ,2007 Minutes David Dittman made a motion to approve the minutes as presented. Henry (Hurd Sheldon seconded. VOTE AS FOLLOWS* , Ronald Bricker - Aye David Dittman - Aye Linda Hirvonen - Aye Henry (Hurt) Sheldon - Aye Gregg Travis - Aye MOTION CARRIED. Other Business Ms. Moynihan Schmitt presented a draft letter she prepared from the ZBA Board to Mr. A. Scott Pinney expressing their request for the Egan' s building. The members requested that Ms. Moynihan Schmitt add additional language requesting that the writing on the window be removed and if deemed necessary a professional sign be • erected on the building. *Daniel Konowalow returned to the Meeting at 9:30 PM* Ronald Bricker made a motion to adjourn the Meeting at 9%35 PM. Henry (Hurt) Sheldon seconded. VOTE AS FOLLOWS: Ronald Bricker" Aye David Dittman - Aye Daniel Konowalow - Aye Henry (Hurl) Sheldon - Aye Linda Hirvonen - Aye Gregg Travis - Aye MOTION CARRIED. Town of Lansing Zoning Board of Appeals Meeting May 15, 2007 Visitors Please Sign In Below : (Please Print) Name Address 0 Q (<O 01 A ( I - ( ,A / F r � f S Tky 4c? ttp : //www. lansingtown . com/ G • 6 � v N PrS�6 OL OOOL 1 Town of ]Lansing Zoning Board of Appeals Meeting May 15, 2007 Visitors Please Sign In Below : (Please Print) Name Address 671 ` /100 � r r laq ej r ry-\c,,J . http : //www . lansingtown . com/ 7olil( 1 1 34 34 T o TAN of LANSING t+Q B "Home of Industry, Agriculture and Scenic Beauty " 9. ` � yt ZONING , PLANNING AND CODE ENFORCEMENT Box 186 Lansing, NY 14882 ill II E-mail : tolcodes@lwcny. rr. com Town of Lansing Zoning Board of Appeals Meeting May 15 , 2007 7 : 00 PM Lansing Town Hall — Large Court Room Agenda Turner Agenda Topics 7:05 PM Use Variance, 3070 North Triphammer Road, Parcel # 37.1 -2- 24.22, R1 District. Applicant: A. Scott Pinney Acceptance/Denial To Hear Case For. Area Variance, 932 Aubum Road, Tax Parcel # 18:1 -13, Applicant: Clifford Noel Approval/Denial of May 1 , 2007 Minutes Any Other Business Deemed Necessary • W U Z p O Z u� W 0 O m ti N o X X X X X X X X X 1XI t� 0 i I o 0 0 N O r� X X X X O O X X X X 0 o O Ix X X X O X X X X N M O O X X O X O O X O X O N O O c O X X X X X X X O 0 L E U d � •y !n Q N l0 L N W' -0L J U L mc > c m -0 c v c 2 o 0 J a = m C f�A of C V C N f0 c ,p V/ U r c N N N W m O = Y I (L I cU) I U) F`- J