HomeMy WebLinkAbout2009-07-27 APPROVED ZBA 07-27-09
Town of Lansing
Monday, July 27, 2009 6:45 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
* Jeffrey Overstrom,Engineer&Planning Coordinator
Bud Shattuck,Town Board Liaison
Lorraine Moynihan Schmitt,ZBA Attorney
PUBLIC PRESENT
Albert Budd
Carlyle Newton
Sandy Newton
Robert Sullivan
GENERAL BUSINESS
Gregg Travis called the meeting to order at 6:45 PM. Mr. Travis acknowledged
the Legal Notice published in The Ithaca Journal with regards to the Public
Hearing on the Area Variance.
Public Hearing for: Area Variance, Applicant: Jack Jensen (Farm
Pond Circle Subdivision) Collins Road, Tax Parcel No. 38.-1-4.122
Daniel Konowalow made a motion to open the Public Hearing at 6:46 PM.
Henry (Hurf) Sheldon Seconded.
VOTE AS FOLLOWS:
Daniel Konowalow-Aye
Henry(Hurf) Sheldon-Aye
Gregg Travis-Aye
MOTION CARRIED.
Member/Public Comments/Concerns:
Mr. Jensen gave a brief overview of his proposed "affordable green housing"
consisting of 19 Single Family lot Subdivision to be located on Collins Road. This
will be a residential reforestation project with 50% of the perimeter of each lot
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APPROVED ZBA 07-27-09
being permanently set aside with deed restrictions to be forest land. Deed
restrictions will be placed on the entire Subdivision and enforced by a
Homeowners Association.
Mr. Jensen has come before the Board requesting an Area Variance for six lots
(#s 14, 13, 11, 10, 8 & 7) not conforming on the road frontage requirement. The
project has previously come before the Planning Board and a recommendation
has been offered to the Zoning Board in favor of the proposed project. Jeffrey
Overstrom stated he has discussed this proposal with the Town Highway
Superintendent and the Lansing Fire Chief and they do not have any issues with
the road design as presented.
Gregg Travis: Indicated there is a feasible way to meet the requirements, which is
by reducing the number of the lots.
Jack Jensen: States financially there is no feasible way.
Carlyle Newton: Concerned that the proposed subdivision may affect his water
supply.
Albert Budd: Questioned outdoor lighting, rising assessments on his property
and the increase of traffic in the neighborhood.
Rob Sullivan: Feels the rules should be followed. Suggested that Mr. Jensen
decrease the number of lot by (1) and follow the rules.
Daniel Konowalow: Suggested the layout of the road be changed to a T. Mr.
Jensen advised him by changing the layout it would remove the community
space.
Sandy Newton: Questioned if the jogging trail would have a buffer such as a
fence. Mr. Jensen advised Ms. Newton that there would be no fence, the trail
would be a grass surface and kept mowed.
Henry (Hurf) Sheldon made a motion to close the Public Hearing at 7:15 PM.
Daniel Konowalow seconded.
VOTE AS FOLLOWS:
Daniel Konowalow-Aye
Henry (Hurf) Sheldon-Aye
Gregg Travis-Aye
MOTION CARRIED.
The Board Members reviewed the criteria for an Area Variance.
1. Can benefit be achieved by other means feasible to Applicant?
Yes, but would not allow the Community benefit that Mr. Jensen is
trying to achieve.
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APPROVED ZBA 07-27-09
2. Is there any undesirable change in the neighborhood character or to
nearby properties?
Request will not change character of neighborhood regarding size
of lots.
3. Is the request substantial?
Yes, regarding number of lots not meeting frontage.
4. Will the request have adverse physical or environmental effects?
It could have negative impact on water source.
5. Is the alleged difficulty self-created?
Yes, could have lots of larger frontage.
Member Discussion
Gregg Travis: States in his opinion, the lot size is more important in an Area
Variance than the frontage when you have a development like this. In addition,
The Planning Board is supporting this proposal per their recommendation letter
to the Zoning Board.
Henry (Hurf) Sheldon: States as a Member of the Zoning Committee, there is an
interest for affordable housing. Mr. Sheldon is concerned that this may not be
affordable.
Henry (Hurf) Sheldon made a motion requesting that the petition for the Area
Variance be granted. 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 adjourn the Meeting at 7:29 P.M. Daniel
Konowalow seconded.
VOTE AS FOLLOWS:
Daniel Konowalow-Aye
Henry (Hurf) Sheldon-Aye
Gregg Travis-Aye
MOTION CARRIED.
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