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Home My WebLink About2007-06-05 $ DRAFT zBA 06i5ii07 • o Town of Lansing Tuesday, June 5, 2007 6. 25 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 Emma Harner A . Scott Pinney Don Harner Paul Southard • Cliff Noel Ruth Hopkins Greg Jordan Rick Wallace Cynthia Riggin Connie Wilcox GENERAL BUSINESS Gregg Travis, Chairman of the Board called the Meeting to order at 6 :35 PM, Public Hearing - Area Variance, 932 Auburn Road, Tau Parcel # 18.443, Applicant. Clifford Noel *Daniel Konowalow made a motion to open the Public Hearing at 6:36 PM. Henry (Hurt) Sheldon seconded. VOTE AS FOLLOWS: Daniel Konowalow - Aye Henry (Hurf) Sheldon - Aye Gregg Travis - Aye MOTION CARRIED. Gregg Travis read the Legal Notice published in The Ithaca Tournal Public Comments/Concerns • There were none. DRAFT zBA 06/5HO7 • Gregg Travis, Chairman reiterated aloud the criteria for an Area Variance for the record . Daniel Konowalow inquired what the extent of the property is on north side. Mr. Noel stated 300' . *Henry (Hurf) Sheldon made a motion to close the Public Hearing at 6 :50 PM. Gregg Travis seconded . VOTE AS FOLLOWS : Daniel Konowalow - Aye Henry (Hurf) Sheldon - Aye Gregg Travis - Aye MOTION CARRIED. Member Comments The Members read and answered the Balancing test as follows: • Whether benefit can be achieved by other means feasible to applicant Perhaps , but with difficulty. • Undesirable change in neighborhood character or to nearby properties ; No . • Whether request is substantial ; No . • Whether request will have adverse physical or environmental effects ; No . • Whether alleged difficulty is self- created ; No Henry (Hurt) Sheldon made a motion to approve the Area Variance. Daniel Konowalow seconded. VOTE AS FOLLOWS : Daniel Konowalow - Aye Henry (Hurf) Sheldon - Aye Gregg Travis - Aye MOTION CARRIED. Use Variance - SEQR Public Hearin, 3070 North Triphammer Road, Parcel # 37.1-2-24.22, R1 District. Applicant A. Scott Pum f DRAFT zBA 06/5//07 • *Henry (Hurt) Sheldon made a motion to open the Public Hearing at 7:05 PM. Daniel Konowalow seconded. VOTE AS FOLLOWS: Daniel Konowalow - Aye Henry (Hurf) Sheldon - Aye Gregg Travis - Aye MOTION CARRIED. The Zoning Board of Appeals reviewed Part I of the Short Environmental Assessment Form (EAF) completed by the Applicant. Changes were made on Part I with the applicant initialing. Public Comment Paul Southard stated for the record he feels there are significant environmental impacts, primarily visual and aesthetics. With prior ownership, there was a dirt drive, a field and a metal building. Now there is equipment stored in front and to the side of the metal building. In addition, a sign acknowledging the business is present. Noise is the second factor. Truck engines, tailgates slamming as well as back up alarms going off can now be heard at his residence. Mr. Southard has very little recollection of equipment moving in and out of the site when Mr. Varga owned the property. Mr. Southard feels both of these factors affect the neighborhood characteristics. Other potential environmental factors are a concern. In the past it was a field and now it has been graded and most of the vegetation removed. Equipment is being parked there and runoff may be higher and contain pollutants in the form of oil and grease. The possibility of ground water contamination may be present. Bud Shattuck, Town Board Liaison to the ZBA stated the Town also has concerns including environmental but not to the extent that was just suggested by Mr . Southard . With respect to on site loss of fuel, Mr . Shattuck states equipment now days are taken care of much better and he believes the owner takes great care of his equipment. Mr . Shattuck encouraged the Board in their decision to consider inserting conditions to reestablish vegetation. Rick Wallace, Attorney for Applicant requested of the board to incorporate in their decision the testimony from e f the previous Public Hearing with respect to the general aesthetics since Mr . Pinney has owned the property . GregTravis inquired if there had. been any citations from the DEC or any other agencies regarding spills, also, had Mr . Pinney done any drainage alterations such as ditching, swales or anything else that would have altered the drainage pattern from the property? Mr . Pinney indicated there had not been any citations . As for the alterations, • when Mr. Pinney built his home he did make some drainage changes on the west r DRAFT zan 06i5ii07 side to include a footer drain and open swale that drains into the power line property . The Planning Department and the Town Engineer have no comments to share. Paul Southard stated regardless of what was said, this business in the past was nearly invisible from the road, and nearly invisible from the aspect of noise . This has nothing to do with the success of the businessman, it has to do with the size . of the business practice on the site . Daniel Konowalow inquired as to the hours of his trucks that operate on the property ? A . Scott Pinney stated his normal business hours start at 7: 00 AM to between 3 :30 - 4:30 PM . Gregg Travis inquired if Mr. Pinney intends on storing any other different types of materials other than what he stores now, in the future? A . Scott Pinney states no, not currently . *Daniel Konowalow made a motion to close the Public Hearing at 7:40 PM . Henry (Hurf) Sheldon seconded . • VOTE AS FOLLOWS: Daniel Konowalow - Aye Henry (Hurf) Sheldon - Aye Gregg Travis - Aye MOTION CARRIED. Henry (Hurf) Sheldon completed part II of the EAF with the input of the Zoning Board Members. No significant adverse environmental impacts or effects were identified in Part II by the Zoning Board of Appeals . *Henry (Hurf) Sheldon offered the following Resolution; RESOLUTION No. 07-ZBA 05 RESOLUTION OF STATE ENVIRONMENTAL QUALITY REVIEW ( SEQR) NEGATIVE DECLARATION FOR THE USE VARIANCE APPLICATION FOR PROPERTY LOCATED AT 3070 NORTH TRIPHAMMER ROAD APPLICANT: A. SCOTT PINNEY Jift ! DRAFT zBn 06i5n07 WHEREAS, an application was made by A . Scott Pinney for a Use Variance of the regulations of the Town of Lansing Land Use Ordinance in order to permit the expansion and continuance of an ongoing nonconforming use; pursuant to the Lansing Land Use Ordinance, at Tax Parcel No . 37. 1 -2-24. 22, located at 3070 North Triphammer Road in the Town of Lansing; and WHEREAS, this proposed action is an Unlisted Action for which the Town of Lansing Zoning Board of Appeals is an involved agency for the purposes of environmental review; and WHEREAS , a public hearing concerning the environmental review, pursuant to the State Environmental Quality Review Act, of the A. Scott Pinney North Triphammer Road Use Variance Application was held on June 5, 2007, at the Lansing Town Hall at 29 Auburn Road, Lansing, New York 14882; and WHEREAS, the Town of Lansing Zoning Board of Appeals, in performing its uncoordinated environmental review in accordance with Article 8 of the New York State Environmental Conservation Law - the State Environmental Quality • Review Act (" SEQR" ), (i) pursued its thorough review of the applicant' s completed Environmental Assessment Form Part I, and any and all other documents prepared and submitted with respect to this proposed action and its environmental review, and (ii) thoroughly analyzed the potential relevant areas of environmental concern of the project to determine if the proposed action may have a significant adverse impact on the environment, including the criteria identified in 6 NYCRR Section 617. 7(c), and (iii) reviewed and completed the EAF, Part II on the record; NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS : The Town of Lansing Zoning Board of Appeals, based upon (i) its thorough review of the EAF, Part I, and any and all other documents prepared and submitted with respect to this proposed action and its environmental review, (ii) its thorough review of the potential relevant areas of environmental concern of the proposed project to determine if the proposed action may have a significant adverse impact on the environment, including the criteria identified in 6 NYCRR Section 617. 7(c), and (iii) its completion of the EAF, Part II (and, if applicable, Part II1), including the findings noted thereon (which findings are incorporated herein as if set forth at length), hereby makes a negative determination of environmental significance (" NEGATIVE DECLARATION" ) in accordance with SEQR for the above referenced proposed action, and ' DRAFT ZBA 06/5//07 determines that an Environmental Impact Statement will not be required . Dated: June 5, 2007 *Gregg Travis seconded . VOTE AS FOLLOWS: Daniel Konowalow - Aye Henry (Hurf) Sheldon - Aye Gregg Travis - Aye MOTION CARRIED. *Henry (Hurf) Sheldon made a motion to continue the review for Applicant A. Scott Pinney on the Use Variance until the June 19, 2007 meeting at which time all members will be present. Daniel Konowalow seconded. VOTE AS FOLLOWS: Daniel Konowalow - Aye Henry (Hurf) Sheldon - Aye • Gregg Travis - Aye MOTION CARRIED. Acceptance/Denial To Hear Case For: Area Variance, Applicant Ruth Hopkins, 163 Asbury Road, Tax Parcel # 37.1444 Ruth Hopkins appeared before the Zoning Board of Appeals requesting approval to erect a storage area next to her existing garage. The proposed addition does not meet the setback requirements of the Town of Lansing Land Use Ordinance. The proposed addition is shown to be 51'10" from the centerline of Asbury Road. Information from the County Tompkins C Highway Department indicates that the width of Asbury Road P tY g including the right of way is 60 feet. Section 504.1, of the Town of Lansing Land Use Ordinance requires that building be setback 30 feet from the right of way along Asbury Road. The building as proposed would be approximately 21'10" from the right of way. *Henry (Hurf) Sheldon made a motion to accept the application as presented. Daniel Konowalow seconded. VOTE AS FOLLOWS: Daniel Konowalow - Aye Henry (Hurf) Sheldon - Aye Gregg Travis - Aye MOTION CARRIED. 1 DRAFT zBA 06/5//07 *Gregg Travis made a motion to set a Public Hearing for Tuesday, June 19, 2007 @ 7:00 PM. Daniel Konowalow seconded. VOTE AS FOLLOWS: Daniel Konowalow - Aye Henry (Hurf) Sheldon - Aye Gregg Travis - Aye MOTION CARRIED. Approval/Denial of May 15 ,2007 Minutes Daniel Konowalow presented a copy of his minutes with NUMEROUS edits regarding capitalization of nouns . * Daniel Konowalow made a motion to approve as amended . Henry (Hurt) Sheldon seconded . VOTE AS FOLLOWS: Daniel Konowalow - Aye Henry (Hurf) Sheldon - Aye Gregg Travis - Aye MOTION CARRIED. Other Business A brief discussion was held with regards to " conditions" that can be placed on any Variance issued . *Henry (Hurf) Sheldon made a motion to adjourn the meeting at 8 : 00 PM. Daniel Konowalow seconded . VOTE AS FOLLOWS: Daniel Konowalow - Aye Henry (Hurf) Sheldon - Aye Gregg Travis - Aye MOTION CARRIED. Town of Lansing Zoning Board of Appeals Meeting .June 5 , 2007 Visitors Please Sign In Below : (Please Print) Name Address N �' � K614 P CZ cI http : //www . lansingtown . com/ 1 34 11 34 T o WN of LANSING Cry B "Home of Industry, Agriculture and Scenic Beauty " 9. ZONING , PLANNING AND CODE ENFORCEMENT Box 1. 86 Lansing, NY 14882 , A ll E-mail : tolcodes@twcny . rr . com Town of Lansing Zoning Board of Appeals Meeting June 5, 2007 6 : 25 PM Lansing Town Hall - Large Court Room Agenda Tirnec Agenda Topics 6:25 PM Public Hearing For: Area Variance, 932 Auburn Road, Tax Parcel # 18.4-13, Applicant: Clifford Noel 6:30 PM Public Hearing For: SEQR, 3070 North Triphammer Road, Parcel # 37.1-2-24.22, R1 District. Applicant: A. Scott Pinney Acceptance/ Denial To Hear Case For: Area Variance, Applicant: Ruth Hopkins, 163 Asbury Road, Tax Parcel # 37.1-4-14 Approval/ Denial of May 15, 2007 Minutes Any Other Business Deemed Necessary •