The URL can be used to link to this page

Home My WebLink About2008-01-15 APPROVED Amended 2(5/08 Town of Lansing Tuesday, January 15, 2008 5400 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 * Henry (Hurt) Sheldon Darby Kiley, Environmental. Planner * Richard G . Platt, Code Enforcement Officer * Bud Shattuck, Town Board Liaison * Lorraine Moynihan Schmitt, ZBA Attorney PUBLIC PRESENT Marcy Rosenkrantz Timothy Cornell Herbert D . Dwyer A . Scott Pinney GENERAL BUSINESS Gregg Travis, Chairman called the meeting to order at 5 :00 PM. Mr . Travis announced that a change to the original Agenda had been made to include J / T Landscaping. Further Discussion - lohn & Scott Oaks, Pre-Fab Carport Sales, 1793 East Shore Drive, Tax Parcel # 37.1=944, R2 District Mr. Platt advised the Members that Mr. Oaks was unable to attend the board meeting this evening however, he was available over the phone. Aerial Maps were distributed to the Members. Mr. Platt advised the board that the DOT advised him that the set backs for the State road are 60' (30' from center line to right of way) The Town of Lansing requirement is 50' from the right of way. Mr. Oaks is 11 ' from the right of way. Linda Hirvonen does not feel the Town should allow any more non-conforming buildings . 1 l APPROVED Amended 2/5l08 David Dittman suggested closing one of the driveways on the property and moving the structure back. Gregg Travis suggested putting up a sign in the location but out of the right of way advising the public of the Carport sales. *Daniel Konowalow made a motion requesting that the Use Variance requested by Mr. Oaks be denied due to the safety and aesthetics of the community . Linda Hirvonen seconded . Further discussion Bud Shattuck stated that the Town Board spends lots of time reviewing the aesthetics and other things in the town as to how they want them to look once the Planning Board has made the recommendations. Mr. Shattuck further states that some times the Town suffers when a precedent is set. Ms . Moynihan Schmitt reminded the board of the County' s 239 recommendation that was presented to the Members at the last meeting. VOTE AS FOLLOWS. David Dittman - Aye ® Linda Hirvonen - Aye Daniel Konowalow - Aye Henry (Hurf) Sheldon - Aye Gregg Travis - Aye MOTION CARRIED. The Board suggested that Mr . Platt , C. E . O. allow the Applicant 30 - 45 days to remove the carport. Acceptance/Denial To Hear Case For: Use Variance, Ap licant• LT/Landscaping- Timothy Cornell, Buck Road, Tax Parcel # P/O 28 - 1-28.32 Timothy Cornell appeared before the board requesting that a Use Variance be considered as Mr. Cornell would like to sell his existing building (road front portion) located at 360 Auburn Road and move his business to another location on the property with access to Buck Road . The parcel (10 ft) is in the RA District. Landscaping and Excavation Businesses are not identified as allowed uses in the Town of Lansing Land Use Ordinance . After some discussion, Bud Shattuck, Town Councilman advised the Planning Members that the Town Board would be adopting zoning changes that would incorporate this description in the Land Use Ordinance tomorrow, January 16, 2 APPROVED Amended 2/5/08 2008 at the Town Board Meeting. Mr . Shattuck indicated this process would expedite Mr . Cornell' s Use Variance . Richard Platt and Ms . Moynihan Schmitt felt it was wise to set a Public Hearing just in case there were problems . Linda Hirvonen made a motion to set a Public Hearing for JT/ Landscaping Use Variance for, Tuesday, February 5, 2008 at 5 :30 PM . Henry (Hurf) Sheldon seconded . VOTE AS FOLLOWS: David Dittman - Aye Linda Hirvonen - Aye Daniel Konowalow - Aye Henry (Hurf) Sheldon - Aye Greg Travis - Aye MOTION CARRIED . Chairman Travis acknowledged before him an " Affidavit of Publication" with regards to the Legal Notice published in The Ithaca Tournal . ® David Dittman made a motion to open the Public Hearing at 5 :41 PM. Daniel Konowalow seconded . VOTE AS FOLLOWS: David Dittman - Aye Linda Hirvonen - Aye Daniel Konowalow - Aye Henry (Hurf) Sheldon - Aye Greg Travis - Aye MOTION CARRIED . Public Hearing ( s) " Subdivision Request & SEOR Review, Herb Dwyer - 277 Ridge Road - Tax Parcel No. 32.4m54 , R2 District Mr. Dwyer is seeking an area variance to subdivide the above parcel in order to obtain favorable financing which would allow the owner to renovate the buildings and still 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 3 APPROVED Amended 2/5/08 ® rear of the property . The property is divided by a creek and each building has its own septic system. Daniel Konowalow states this would create a Flag Lot and it is the policy of the Town to discourage Flag Lot formations . In addition if 2 lots are created, they will be nonconforming sizes as the present Zoning Law stands . In addition, there is nothing preventing the owner from selling one parcel . Gregg Travis commented that Mr . Dwyer is basing his claim on the mortgage rate that had been pledged from a particular bank. Mr . Travis states there may be other ways for him to finance and achieve his goal without a Zoning Variance . Mr. Dwyer indicated that he is an Investor and he has checked with other lenders, to no avail . The Board Members reviewed the Area Variance Criteria as follows : 1 . State whether benefit can be achieved by other means feasible to applicant: No additional benefit to the Community . 2. State undesirable change in the neighborhood character or to nearby properties; Change could occur if in fact one of the parcels were put to a different use . 3 . State whether request is substantial; Yes, creation of an additional tax parcel 4 . State whether request will have adverse physical or environment effects; No . 51 whether alleged difficulty is self-created; Yes . Daniel Konowalow made a motion to close the Public Hearing at 6 : 10 PM . Linda Hirvonen seconded . VOTE AS FOLLOWS: David Dittman - Aye Linda Hirvonen - Aye Daniel Konowalow - Aye • Henry (Hurf) Sheldon - Aye 4 l APPROVED Amended 2/5/08 Greg Travis - Aye MOTION CARRIED . Ms . Moynihan Schmitt stated for the record that this is an Area Variance and a State Environmental Quality Review is not required . To date a 239 reply has not been received . In order for a decision to be made by the Zoning Board of Appeals, a reply must be on file . David Dittman made a motion to table any further discussion/ decision until the next scheduled meeting. Daniel Konowalow seconded . VOTE AS FOLLOWS: David Dittman - Aye Linda Hirvonen - Aye Daniel Konowalow - Aye Henry (Hurf) Sheldon - Aye Greg Travis - Aye MOTION CARRIED . • Approval/Dertial of December 18, 2007 Minutes David Dittman made a motion to accept the minutes as presented. Daniel Konowalow seconded. Gregg Travis seconded. VOTE AS FOLLOWS: David Dittman - Aye Linda Hirvonen - Aye Daniel Konowalow - Aye Henry (Hurf) Sheldon - Aye Gregg Travis - Aye MOTION CARRIED. Linda Hirvonen made a motion to adjourn the meeting at 6 : 16 PM . Daniel Konowalow seconded . VOTE AS FOLLOWS: David Dittman - Aye Linda Hirvonen - Aye Daniel Konowalow - Aye Henry (Hurf) Sheldon - Aye • Gregg Travis - Aye 5 I APPROVED Amended 2/5/08 MOTION CARRIED. 6 Town of Lansing Zoning Board of Appeals Meeting January 15, 2008 Visitors Please Sign In Below : (Please Print) Name Address Irlm / , G Al/1"' Tol gzp http : //www . lansingtown . com/ • TOWN OF LANSING ZONING BOARD OF APPEALS 29 Auburn Road Lansing, New York 14882 Tuesday, January 15 , 2008 5 : 00 P . M . AMENDED AGENDA 5 : 00 P . M . Further Discussion - 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 : 30 P . M . Public Hearing (s) - Subdivision Request & SEOR Review, Herb • Dwyer — 277 Ridte 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 . Other Business JT/Landscaping-Use Variance Public Comments/Concerns Approval/Denial of December 18, 2007 Minutes •