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Home My WebLink About2007-12-18 TOWN OF LANSING ZONING BOARD OF APPEALS 29 Auburn Road Lansing, New York 14882 Tuesday, December 18 , 2007 5 : 00 P .M. AGENDA 5 : 00 P . M. PUBLIC HEARING John & Scott Oaks - Carport Sales - 1793 E. Shore Drive, Tax Parcel No. 37. 1 -9-14, R2 District The applicants are seeking a use variance to expand the existing non- conforming auto repair business to include prefab carport sales . They are also seeking an area variance to allow the display model to remain at it ' s current location. The display is located approximately 20 ' from the right of way where 50 ' is required by the Town of Lansing Land Use Ordinance , 5 : 15 P . M . REQUEST TO HEAR VARIANCE Subdivision Request, Herb Dwyer — 277 Ridge Road — Tax Parcel No 32.4 -54 , R2 District The applicant is seeking an area variance to subdivide the above parcel in order to obtain favorable financing which would allow the owner to maintain reasonable cost housing for the tenants . The site contains 10 dwelling units . One building contains 6 units, and the other contains 4 units . If the parcel is split, the area requirement of 20, 000 square feet: per unit would not be met. A flag lot would be created to provide access to the lots at the rear of the property. The property is divided by a creek and each building has its own septic system. 5 : 30 P .M. Approval/Denial of October 16, 2007 Minutes DRAFT 12/ 18/07 Town of Lansing Tuesday, December 18, 2007 5 * 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, Alternate Member P. * Henry (Hurf) Sheldon Darby Kiley, Environmental Planrter * Richard G . Platt, Code Enforcement Officer * Bud Shattuck, Town Board Liaison * Lorraine Moynihan Schmitt, ZBA Attorney PUBLIC PRESENT Herbert Dwyer • John Oaks - 5 : 23 PM Scott Oaks - 5 : 23 PM GENERAL BUSINESS Gregg Travis, Chairman called the Meeting to order at 5 : 05 PM. Mr . Travis inquired if there were any Public comments or concerns . There were none . Chairman Travis acknowledged before him an " Affidavit of Publication" with regards to the Legal Notice published in The Ithaca Tournal . Public Hearing;John & Scott Oaks - Carport Sales " 1793 E . Shore Drive, Tax Parcel No . 37.1 -944, R2 District Daniel Konowalow made a motion to open the Public Hearing at 5 : 06 PM . Henry (Hurf) Sheldon seconded . VOTE AS FOLLOWS: David Dittman - Aye Daniel Konowalow - Aye Henry (Hurf) Sheldon - Aye Greg Travis - Aye • 1 DRAFT Z13A 12n 9/07 • MOTION CARRIED . Due to a family emergency, Mr . Oaks was not in attendance . It was the consensus of the Board to allow the Public Hearing to remain open until the next scheduled meeting to be held on Tuesday, January 15, 2008 . Discussion Bud Shattuck suggested that at the next meeting a Zoning Map be presented to the members for viewing . Ronald Bricker stated he did not believe that this is a real hardship due to the fact that Mr . Oaks has plenty of space to re-arrange the carport. Daniel Konowalow made a motion to allow the Public Hearing to remain open until, Tuesday, January 15, 2008 at 5 : 00 PM. Further submissions can and will be accepted . Henry (Hurf) Sheldon seconded . VOTE AS FOLLOWS : David Dittman - Aye Daniel Konowalow - Aye Henry (Hurf) Sheldon - Aye Gregg Travis - Aye • MOTION CARRIED . Request to Hear Variance for Subdivision, Applicant : Herbert Dwyer , 277 Ridge Road — Tax Parcel No . 32 .41 54 , R2 District Mr . Dwyer appeared before the Zoning Board seeking an area variance to subdivide the above parcel in order to obtain favorable financing which would allow the owner to maintain reasonable cost housing for the tenants . The site contains 10 dwelling units . One building contains 6 units, and the other contains 4 units . If the parcel is split, the area requirement of 20,000 square feet per unit would not be met. A flag lot would be created to provide access to the lots at the rear of the property . The property is divided by a creek and each building has its own septic system. Gregg Travis inquired if there were any vacant apartments at this time, and was advised by Mr . Dwyer that there are none . David Dittman stated the letter from the Health Department is not an approval but merely a letter stating the conditions he must meet for the property size in order to meet Health Department requirements . Gregg Travis stated for the record that Mr . Dwyer' s proposal would create a Flag Lot, which is discouraged by the Planning Board . David Dittman made a motion to accept hearing the case on Tuesday, January 15, • 2008 at 5 :30 PM. Daniel Konowalow seconded . 2 DRAFT ZBA 12/18/07 VOTE AS FOLLOWS : • David Dittman - Aye Daniel Konowalow - Aye Henry (Hurf) Sheldon - Aye Gregg Travis - Aye MOTION CARRIED . John & Scott Oaks - Carport Sales - 1793 E . Shore Drive, Tax Parcel No. 37.1 -944, R2 District Daniel Konowalow made a motion to withdraw the previous request to table the Public Hearing for Oaks as they arrived before the close of the meeting. Henry (Hurf) Sheldon seconded . VOTE AS FOLLOWS : David Dittman - Aye Daniel Konowalow - Aye Henry (Hurf) Sheldon - Aye Gregg Travis - Aye MOTION CARRIED . • Public Hearing-John & Scott Oaks - Carport Sales - 1793 E . Shore Drive, Tax Parcel No. 37.1 -944, R2 District The Oaks are seeking a use variance to expand the existing non- conforming auto repair business to include prefab carport sales . They are also seeking an area variance to allow the display model to remain at it' s current location . The display is located approximately 20' from the right of way where 50' is required by the Town of Lansing Land Use Ordinance . Gregg Travis inquired if the carport could be moved on the property . Scott Oaks indicated it would interfere with his business driveway . In addition, the Carport business was registered under J & F Body Shop and the other land is not affiliated with the Body Shop . If the Carport was placed on that property, it would not be visible from the road until you are right on it. Bud Shattuck suggested that the building be turned sideways . Gregg Travis read the §239 -1 and -m of the NYS General Municipal Law response from the County Planning Department regarding the proposal; 3 DRAFT Z13A 12/ 18/07 �. • Ile: Review Pursuant to §239 -1 and -m of the New York State General municipal LaW Action : area and [ se Variance ,, Tux Parcel No. 37, 1-945 pzmw 1)ciu Mx, Platt; This litter acknowledges your referral ol' the proposal identified above for review anti comment by the Tompkins Cmirity Plarning; Department pursuant to §239 -1 and -rn of the New York State General Municipal Law. The Department h , s reviewed the proposal, as submitted, and has determined that it may have negative inter-community, or couaxty"wride impacts, We recommend modification of the proposal. If the hoard floes not incorporate these recommendations into its approval, such approval will require a vote or a supQrinajority (intuling a majority plus one) of all members of the decisioti- making body. 1 he Department offers the following recommendation regarding this proposal : Recommended Modi#leation « The Town ofLarising Moderate Dentiity ( R-2 District) zone requires a 30 ' setback .frorn the front of the .property lot line. -We.recommend the-required :front yard setback-be-strictly adhered to in` this case, as Fast Shore .Drive is hart ot� the Cayuga hake Sce.n:ic Byway, 1.Please inform us ol' your decision so that we can mare it a part of the record . Further discussion surrounding where the center of the road is took place . It was decided that Mr . Platt will obtain further information from the State with regards to the road . Daniel Konowalow made a motion to close the Public Hearing at 5 : 56 PM. Henry (Hurf) Sheldon seconded . • VOTE AS FOLLOWS: David Dittman - Aye Daniel Konowalow - Aye Henry (Hurf) Sheldon - Aye Gregg Travis - Aye MOTION CARRIED . Henry (Hurf) Sheldon made a motion to open the SEQR Public Hearing at 5 : 56 PM. Daniel Konowalow seconded . VOTE AS FOLLOWS : David Dittman - Aye Daniel Konowalow - Aye Henry (Hurf) Sheldon - Aye Gregg Travis - Aye MOTION CARRIED. Public Hearing - SEQR Review for Pre-Fab Carport Sales, 1793 East • Shore Drive, Tax Parcel # 37.1 -9-14, Applicants; John & Scott Oaks 4 r DRAFT ZBA 12/18/07 The Zoning Board Members reviewed Part I of the Short Environmental • Assessment Form (EAF) completed by the Applicants . Gregg Travis completed Part II of the EAF with the input of the Zoning Board of Appeal Members . No significant adverse environmental impacts or effects were identified in part II by the Zoning Board Members . Budd Shattuck read the following letter of recommendation from the Planning Board; • The Planning Board for the Town of Lansing while recognizing that the action in question falls under the jurisdiction of the Board of Zoning Appeals feels that this in no way changes or erodes the existing character of the neighborhood . There is a well maintained existing business on site and this function is being added . Site Plan recommendation for the business would be the positioning of the material (carport) is behind the appropriate setback line . Daniel Konowalow made a motion to close the SEQR Hearing at 6 : 06 PM . Henry (Hurf) Sheldon seconded . VOTE AS FOLLOWS : David Dittman - Aye • Daniel Konowalow - Aye Henry (Hurf) Sheldon - Aye Gregg Travis - Aye MOTION CARRIED. Daniel Konowalow made a motion to declare a negative declaration of environmental impact. David Dittman seconded . VOTE AS FOLLOWS : David Dittman - Aye Daniel Konowalow - Aye Henry (Hurf) Sheldon - Aye Gregg Travis - Aye MOTION CARRIED. Henry (Hurf) Sheldon made a suggestion that if the building was turned 90 degrees and moved back 10 feet, it would be visible from the north as well as the south. According to Mr. Oaks, there is no survey of the property . After further discussion by the board, it was decided that further discussion will take place at the January 15, 2008 Meeting at 5 : 00 PM regarding this proposal . • Approval/Denial of October 16, 2007 Minutes 5 DRAFT Z13A 12/18/07 . Daniel Konowalow requested on page 4 in the Planning Board recommendation that the word auction be changed to action. David Dittman made a motion to accept the minutes as amended. Daniel Konowalow seconded. VOTE AS FOLLOWS: David Dittman - Aye Daniel Konowalow - Aye Henry (Hurf) Sheldon - Aye Gregg Travis - Aye MOTION CARRIED. Re-Appointment of Daniel Konowalow David Dittman made a motion recommending the re-appointment of Daniel Konowalow to the Zoning Board of Appeals for an additional term of five years, effective January 1, 2008 through December 31, 2012. Henry (Hurf) Sheldon seconded. VOTE AS FOLLOWS: David Dittman - Aye Daniel Konowalow - Abstained Henry (Hurf) Sheldon - Aye • Gregg Travis - Aye MOTION CARRIED. Re-Appointment of Ronald Bricker David Dittman made a motion recommending that Ronald Bricker be re- appointed to the Zoning Board of Appeals as an Alternate Member for an additional five year term, effective January 1 , 2008 through December 31 , 2012 . Henry (Hurt) Sheldon seconded . VOTE AS FOLLOWS: David Dittman - Aye Daniel Konowalow - Aye Henry (Hurf) Sheldon - Aye Gregg Travis - Aye MOTION CARRIED . Other Business Ms . Moynihan Schmitt, Legal Council advised the Board that the Alternate Member should be included in the voting process if a Member is absent. Daniel Konowalow made a motion to adjourn the meeting at 6 : 20 PM . David Dittman seconded . 6 DRAFT u3A 12/18/07 ` VOTE AS FOLLOWS: David Dittman - Aye Daniel Konowalow - Aye Henry (Hurf) Sheldon - Aye Gregg Travis - Aye MOTION CARRIED . • 7 0 Town of Lansing Zoning Board of Appeals Meeting December 18, 2007 Visitors Please Sign In Below : (Please Print) Name Address D . http : //www . lansingtown . com/ TOWN OF LANSING ZONING BOARD OF APPEALS O29 Auburn Road Lansing, New York 14882 Tuesday, December 18 , 2007 5 : 00 P .M . AGENDA 5 : 00 P .M . PUBLIC HEARING John & Scott Oaks - Carport Sales - 1793 E. Shore Drive, Tax Parcel No. 37. 1 -9- 14, R2 District The applicants are seeking a use variance to expand the existing non- conforming auto repair business to include prefab carport sales . They are also seeking an area variance to allow the display model to remain at it ' s current location. The display is located approximately 20 ' from the right of way where 50 ' is required by the Town of Lansing Land Use Ordinance . 5 : 15 P .M . REQUEST TO HEAR VARIANCE Subdivision Request, Herb Dwyer — 277 Ridge Road — Tax Parcel No 32.4 -54 , R2 District The applicant is seeking an area variance to subdivide the above parcel in order to obtain favorable financing which would allow the owner to maintain reasonable cost housing for the tenants . The site contains 10 dwelling units . One building contains 6 units, and the other contains 4 units . If the parcel is split, the area requirement of 20, 000 square feet per unit would not be met. A flag lot would be created to provide access to the lots at the rear of the property. The property is divided by a creek and each building has its own septic system . 5 : 30 P .M. Approval/Denial of October 16, 2007 Minutes