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HomeMy WebLinkAbout2008-02-05 F4 DRAFT ZBA 02/05/08 Town of Lansing Tuesday, February 05, 2008 5 : 30 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 (Hurf) Sheldon Darby Kiley, Environmental Planner * Richard G . Platt, Code Enforcement Officer Bud Shattuck, Town Board Liaison * Lorraine Moynihan Schmitt, ZBA Attorney PUBLIC PRESENT Timothy Cornell A. Scott Pinney Joanna Cornell Theda Zimrot Herbert D . Dwyer Richard Silverman Cindie Day Mike Day Cheryl Parrington Bill Kirk Charles Purcell Matt Dedrick Wayne Genung German Zarste GENERAL BUSINESS Gregg Travis, Chairman called the meeting to order at 5 :35 PM . Mr . Travis announced that a change to the original Agenda had been made to include Reviewing of the proposed changes to the Subdivision Rules and Regulations . Chairman Travis acknowledged before him having an " Affidavit of Publication' with regards to the Legal Notice published in The Ithaca Tournal . Public Hearing For: Use Variance, Applicant: TIjandscaping_ Timothy Cornell, Buck Road, Tax Parcel # P/O 28041 28. 32 1 ;1 DRAFT zBA 02/05/08 • Daniel Konowalow made a motion to open the Public Hearing at 5 :35 PM . Linda Hirvonen seconded . VOTE AS FOLLOWS. David Dittman - Aye Linda Hirvonen - Aye Daniel Konowalow - Aye Gregg Travis - Aye MOTION CARRIED . Applicant/Witnesses. Bill Kirk : Concerned with the following: 1 . Runoff from his property to creek continues . Concerned that culvert may not be able to handle excess runoff from Mr . Cornell' s project. 2 . Driveway location (2 Commercial & 2 Residential driveways opposite his) 3 . A lot of traffic pulling into his area and the " dump-wide area" . Requesting Mr . Cornell plant seed to distract people from using it as a pull off. 4. Is the Town setting a precedence by creating an additional Commercial lot with access on a side road as oppose to the main Road ? Cindie Day : Concerned with the following: 1 . Location of Mr. Cornell' s entrance way 2. Who will maintain Town Road as it will deteriorate quicker 3 . At stop sign (Rte 34 & Buck) it is extremely dangerous to pull out. 4 . Size of entrance? (? residential size or Commercial size, what it is going to be made out of?) 5 . What is going to be in there next, if it gets sold off. Cheryl Parrington: Concerned with the following: 1 . Danger of entering Buck Road from North or South 2 . Added traffic 3 . Water flow in natural creek 4 . Would like it to stay a " community" • 5 . Concerned with the value of her home . 2 DRAFT ZBA 02/05/08 6 . Aesthetics / upkeep of her neighborhood . Overall : Ms . Parrington does not want this to happen, and would prefer that the neighborhood stay Residential . Richard Silverman: Concerned with the following: 1 . His home faces the proposed property and he does not want to visually have to look at heavy equipment from his front deck . Theda Zimrot: Concerned with the following: 1 . Commercial property with access on a highly Residential Town Road as oppose to an outlet on the State Road . 2. Maintaining quality, safety and beauty of the neighborhood Timothy Cornell : Advised all present that he is selling his present Commercial property at the Route # 34 location to another business . At this time, he is the only business applying to come off Buck Road as he does not have access to Rte . # 34 . Lorraine Moynihan Schmitt, Legal Counsel : further explained to the Public that the district is an R3 which is mixed use . Even though this is residential, some commercial uses are permitted under the Variance . The reason the applicant has come forward is because the Ordinance does not envision a Landscaping Business as a permitted commercial Use within the town. Ms . Moynihan Schmitt gave further examples of permitted uses such as, Commercial Greenhouses, Farming Poultry Use, Farming Livestock Use, Commercial Plant Use, Commercial Plant Nursery, Roadside Stand, Rooming House, Bed-n-breakfast, Nursery School, Day Care Facility, Funeral Home, Home Business Occupation, Commercial Recreation Indoors, Retail Sales, Specialty, Antiques, and Crafts . This Land Use Ordinance has been in effect since the year 2005 . This is the nature of an R3 District for clarification. Gregg Travis : indicated that as part of the applicant' s request he be allowed to go beyond the 300' into the R3 district which allows the business(s) as previously sited . • Timothy Cornell : advised everyone present that his shop would be approximately 800 to 1000' from the closest house . The proposed new shop will 3 DRAFT zsn 02/05/08 . be directly across from William Kirk' s farm. The new driveway will come directly out at his farm, no farther down. As far as traffic is concerned, Mr . advised all present that Mr . Kirk does not have an exit to the Route #34, he too uses Buck Road . Mr . Cornell presented the proposed Sketch for viewing. i IST �...JEe. • •S r`�u, x !moo � ; l,y. ?h , A � � �. -1 - ��0 • � LAC. .41 �• Fewti. ww+ : 11.� � 4 �( \ �I 511� i, � I u•�. i)�) air I 8 ' i F •�� '� �eR � F4e�') r 4 Mike Day : Concerned with the following: By installing an additional driveway on Buck Road, hazardous conditions will increase by 50 % 1 . Increase in noise from back up alarms, pollution 2. Visual impact on the neighborhood . Charles Purcell : Stated : 1 . As far as another driveway, if a home is built in that location and the owners have 6 children who all drive, you are likely to have the same amount of impact of traffic in and out of there just the same . 4 DRAFT zBA 02/05/08 • 2 . Business(s) seem to struggle to be accepted in this Town, the residents should leave room for business as they keep communities going. Matt Dedrick: Wife concerned with the following: 1 . No posted speed limit on Buck Road 2. Inter-section of Route 34 and Buck Road very dangerous Charles Purcell : questioned the relevance of what State Route 34 had to do with Mr. Cornell' s Application. The problem with the inter-section will continue to exist whether Mr . Cornell builds on the property or not. The Board Members further discussed how to interpret the current Land Use Ordinance with regards to business (s) . Ms . Moynihan Schmitt further advised the board they may also grant a Variance with conditions . Linda Hirvonen made a motion to close the Public Hearing at 6 :18 PM. Daniel Konowalow seconded . VOTE AS FOLLOWS: . David Dittman - Aye Linda Hirvonen - Aye Daniel Konowalow - Aye Gregg Travis - Aye MOTION CARRIED. Public Hearing SEQRA Review For: Use Variance, Applicant. IT/Landscaping - Timothy Cornell, Buck Road, Tax Parcel# P/O 28 4= 28.32 Daniel Konowalow made a motion to open the SEQRA Public Hearing at 6: 19 PM . Linda Hirvonen seconded . VOTE AS FOLLOWS: David Dittman - Aye Linda Hirvonen - Aye Daniel Konowalow - Aye Gregg Travis - Aye MOTION CARRIED. ® NO PUBLIC COMMENTS . 5 DRAFT zBA 02/05/08 • Linda Hirvonen made a motion to close the Public Hearing at 6 :24 PM. Daniel Konowalow seconded . VOTE AS FOLLOWS: David Dittman - Aye Linda Hirvonen - Aye Daniel Konowalow - 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. Gregg Travis completed part II of the EAF with the input of the Zoning Members . No significant adverse environmental impacts or effects were identified in Part II by the Zoning Board of Appeals . Daniel Konowalow made a motion to declare a negative declaration. David Dittman seconded . VOTE AS FOLLOWS: • David Dittman - Aye Linda Hirvonen - Aye Daniel Konowalow - Aye Gregg Travis - Aye MOTION CARRIED. After further discussion with regards to two districts being involved and the lot size of the proposed location of the new business, the board suggested that Mr . Cornell re-evaluate the measurements on his property and return to the next ZBA meeting. David Dittman made a motion to table any further discussion until the next Zoning Board of Appeals Meeting. Daniel Konowalow seconded . VOTE AS FOLLOWS: David Dittman - Aye Linda Hirvonen - Aye Daniel Konowalow - Aye Gregg Travis - Aye MOTION CARRIED. • 6 T s1 DRAFT zBA 02i05i08 Further Discussion - Subdivision Request, Herb Dwyer - 277 Ridge • Road - Tax Parcel No . 32.41 54 , 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. Members were provided with The Tompkins County Planning Department' s 239 Reply as follows : Re: Review Pursuant to §239 -i and -m of the New York State General Municipal Law Action: _ Area 'ariaace for Herbert. ee. property, Tax Pancel32.444.. - - Dear Mr. Platt: This letter acl`nowiedges your referral of the proposal identified above for review and comment by the Tompkins County Planning Department pursuant to §239 -t and -m of the New York State General Municipal Law. The Department has rcviewed the proposal, as submitted, and has determined that it has no negative inter=community, or countywide impacts. The Department offers the following comment regarding the proposed project, which is not a formal recommendation under Gcniral Municipal Law §239 -1 and —m: Provision should be made to ensure continued use of the shared driveway acceming NYS Route 348. An additional curb cut on Route 34B should not be permitted. Please inform us of your decision so that we can make it a part of the record . • Sincerely, r C C� ) Edward C. Marx, AICN Commissioner of Planning and Public Works Mr . Dwyer provided financial packets for the Members to review while he gave further explanation of the proposal . As a guarantee to the Town, Mr. Dwyer will provide an affidavit of honor stating that he will keep rents in an affordable rate over the next 5 years . On apartments that are not included in the rehabilitation project, rents would not be increased more than 5 % . Ms . Moynihan Schmitt advised the board that she can prepare an enforceable draft with regards to the guarantee affidavit. Daniel Konowalow had great concerns if approved, as this would create 2 non conforming parcels . In addition, Mr. Konowalow felt that ® Mr. Dwyer should have done more research prior to purchasing the property . 7 DRAFT zeA 02/05/08 • Linda Hirvonen agreed to some point with Mr . Konowalow' s thoughts with respect to how Mr . Dwyer should have done his financial research prior to purchasing the property, however, she still feels if denied the apartments would be sub-standard . David Dittman stated there is nothing from keeping Mr. Dwyer from not renovating and increasing his rents instead of maximizing them . In addition he would have sub-par housing. In Mr . Dittman' s opinion anyone who engages in this type of activity should be given an opportunity to earn a return. Mr . Dittman further stated this would benefit the Town if subdivided as it would increase the tax base . The Board Members reviewed the following criteria; 1 . Whether benefit can be achieved by some method, feasible for the a12licant to pursue, other that the Area Variance: While improving the physical conditions of existing low-rent multi-unit • house is laudable, the building upgrades sought by the applicant be achieved by other means over a longer period of time without requiring the requested subdivision with a flag lot to be created . The upgrades could also be performed sooner by the Applicant albeit with a lower rate of return to him on his investment. 2. Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by granting of the Variance No . 3 . Is the requested Variance substantial when compared to the requirements of the Ordinance or Local Law? The Variance requested is approximately 30 % of the subject property . Some Board Members questioned whether this was substantial but the overall consensus was that it was not. 4 . Will the proposed Variance have an adverse impact or effect on the • physical or environmental conditions in the neighborhood or district? 8 DRAFT zBA 02/05/08 • No . 5 . Is the alleged hardship self-created ? If so, the Board may consider this factor, but it will not by itself dispositively prevent the Board from ranting a Variance . Yes . Some Board Members felt that the self created hardship (hardship being the inability to obtain lower interest rate loans couple with cash equity for the purpose of performing renovations sooner versus longer term) in conjunction with other factors above, weighed against granting the Variance . Some Board Members felt that though the Applicant seemed committed to the upgrades, it would be difficult if not impossible to require the Applicant to perform the upgrades should he change his mind . Members also noted that rents would need to be significantly increased even with more favorable loan rates and terms . Other Board members felt that the benefit of upgrading the physical conditions of existing low-rent multi-unit housing sooner rather that later that the Applicant is promising to the Town, as a result of the proposed Variance, outweighs the fact that the hardship was self created . • David Dittman made a motion to approve the Area Variance with conditions as follows; 1 . A driveway Easement for the creation of a Flag Lot. 2. Enforce Affidavit regarding Rent controlled for a period of 5 years, not to exceed 5 % increase . Linda Hirvonen seconded . VOTE AS FOLLOWS: David Dittman - Aye Linda Hirvonen - Aye Daniel Konowalow - No Greg Travis - No MOTION DENIED. Ms . Moynihan Schmitt expressed to Mr . Dwyer that he may return to the Zoning Board of Appeals with a new Application, requesting a Full Board Review. Subdivision Local Law Amendments • Ms . Moynihan Schmitt distributed the proposed amendments to the Subdivision Local Law for the Zoning Board Members to review. Ms . Moynihan Schmitt 9 DRAFT zsa, 02/05/08 requested comments/ concerns so she may pass them along to the Planning Board for their review and then on to the Town Board for their monthly meeting on February 13, 2008 . Linda Hirvonen had concerns with original approved Subdivisions being re- subdivided . Ms . Hirvonen would like to find a way to assure that this does not continue . ApprovaMenial of Tanuga 15, 2008 Minutes David Dittman requested on page 4, the numbering be corrected. Linda Hirvonen seconded. VOTE AS FOLLOWS: David Dittman - Aye Linda Hirvonen - Aye Daniel Konowalow - Aye Gregg Travis - Aye MOTION CARRIED. Linda Hirvonen made a motion to adjourn the meeting at 7: 55 PM. Daniel Konowalow seconded . VOTE AS FOLLOWS. • David Dittman - Aye Linda Hirvonen - Aye Daniel Konowalow - Aye Gregg Travis - Aye MOTION CARRIED. 10 Town of Lansing Zoning Board of Appeals Meeting February 5, 2008 Visitors Please , Sign In Below : (Please Print) Name Address �- 1 ER Q E2► �E2 a �� p oA 1-14 f, �Oj z /0 lTeSa, \rDA� 4�0 n )ctAA � 2v LPn- 44 �cop n0 C Our ne l I q3C I i Vhaln c CJ S� ©T � t1l Y L 6 Tt), A I I varl 7 >j c� Z". 3 T S- CkjGlc ��" °^' http : //www. lansingtown . com/ 34 11 34 TOWN of LANSING B "Home of Industry, Agriculture and Scenic Beauty " ZONING , PLANNING AND CODE ENFORCEMENT Box 186 Lansing, NY 14882 > ll lk E-mail : tolcodes@lweny . rr. eom AMENDED Town ' of Lansing Zoning Board of Appeals Meeting February 05, 2008 5:30 PM Lansing Town. Hull - Small Court Room Agenda M r ,530 PM Public Hearing For: Use Variance, Applicant; JT/ Landscaping - Timothy Cornell, Buck Road, Tax Parcel # P/O 28.-1-28.32 Further Discussion: Subdivision Request for Herb Dwyer - 277 Ridge Road - Tax Parcel No. 32.-1 -54 , R2 District Discussion - Draft Changes proposed Subdivision Rules & Regulations Approval/ Denial of January 15, 2008 Minutes Any Other Business Deemed Necessary j • o 0 m a 0 co 0 N O O to W O W U co 0 ao 0 z ao W c o N N r O 1� g N O n m O O O N N O O IUD O ' co O M co m a 0 c xT x x x c 0 c x IX a 0 e o x x x x x 1xi x 1XI Ix C @ C NIE O € co U V7 Q N _ C L ,C C J l0 • C m C S C N O C a O J L = co- 3 i 2 W _ C U C Y N W Cp 2 p 7 C Y Z p C N > 12 Gl U m o = Y a us co