HomeMy WebLinkAbout2010-07-20 APPROVED
Town of Lansing
Tuesday, July 20, 2010 7:00 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 * Henry (Hurf)Sheldon
* Jeffrey Overstrom,Engineer&Planning Coordinator
* Kathryn Miller,Town Board Liaison
Lorraine Moynihan Schmitt,ZBA Attorney
PUBLIC PRESENT
Constance Neff
GENERAL BUSINESS
Gregg Travis called the meeting to order at 7:01PM. Mr. Travis acknowledged
the Legal Notice published in The Ithaca Journal.
Public Hearing for: Area Variance Application, Applicant: Constance Neff,
Algerine Road, Tax Parcel # 15.-1-33.14 & .15
Ms. Neff appeared before the Zoning Board of Appeals for an Area Variance
with respect to Section 504, Schedule II (Frontage requirements) and Section 606
(B) (Minimum Lot size). Ms. Neff would like to create a 4 lot Subdivision from 2
previously subdivided lots on Algerine Road.
The following proposal was presented;
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APPROVED
Daniel Konowalow made a motion to open the Public Hearing at 7:03 PM. Linda
Hirvonen seconded.
VOTE AS FOLLOWS:
Linda Hirvonen - Aye
Daniel Konowalow- Aye
Henry (Hurf) Sheldon - Aye
Gregg Travis -Aye
MOTION CARRIED.
Member/Public Comments/Concerns:
Gregg Travis: Inquired why Ms. Neff did not take land from Parcel D (Boundary
change) and incorporate it with parcel B & C so both lots fronting the road
would remain the same and have the required frontage, but would give the back
lots the required 30' width for a driveway.
Constance Neff: Would like to keep the 10 acre parcel intact.
Daniel Konowalow: Suggested Ms. Neff build a road to the Town Specs in the
middle of lots B & C and that would take care of her problem.
Chairman Travis read a letter received from a neighbor with regard to the Area
Variance request, the neighbor is not in favor of the proposal.
Connie Neff: Is proposing deed restrictions that will not allow Mobile Homes,
Double Wides and Modulars on the proposed lots.
Jeff Overstrom: Read Section 606(b) of the Subdivision Rules and Regulations
with respect to the area configuration for Flag Lots. These lot sizes do no meet
the requirements, therefore, as part of the Variance request this Section must also
be taken into consideration.
Daniel Konowalow: There are alternatives to satisfy Ms. Neff's desire to use this
acreage and still meet the Town's Land Use Ordinance.
Daniel Konowalow made a motion to close the Public Hearing at 7:29 PM.
Henry (Hurf) Sheldon seconded.
VOTE AS FOLLOWS:
Linda Hirvonen - Aye
Daniel Konowalow- Aye
Henry (Hurf) Sheldon - Aye
Gregg Travis -Aye
2
APPROVED
MOTION CARRIED.
Further Discussion:
The Board Members reviewed the criteria for an Area Variance.
1. State whether an undesirable change in the neighborhood character will
be created, and reason why:
No, but this will create small lots compared to most on Algerine
Road.
2. Is there an alternative method, feasible to pursue, to achieve what the
Applicant desire, and reason why:
Yes, there is sufficient land owned by the Applicant to meet
Subdivision Regulations for the creation of additional lots.
3. State whether the requested Area Variance is substantial, and reason why;
Yes, because two conforming lots would be divided to make four
non conforming lots.
4. State whether the Variance will have adverse effect or impact on the
physical or environmental conditions in the neighborhood or district, and
reason why:
No, but Health Department requirements must be met.
5. State whether the alleged difficulty was self-created, and reason why:
Yes.
List conditions if any, prescribed by the Zoning Board of Appeals in granting
this Variance.
Daniel Konowalow made a motion to deny the request. Henry (Hurf)
Sheldon seconded.
VOTE AS FOLLOWS:
Linda Hirvonen-Aye
Daniel Konowalow - Aye
Henry (Hurf) Sheldon - Aye
Gregg Travis -Aye
MOTION CARRIED.
Approval/Denial of April 20, 2010 Minutes
3
APPROVED
Daniel Konowalow requested on page 2, first paragraph, first sentence the extra
word "the" be removed. Linda Hirvonen made a motion to approve as amended.
Henry (Hurf) seconded.
VOTE AS FOLLOWS:
Linda Hirvonen-Aye
Daniel Konowalow - Aye
Henry (Hurf) Sheldon- Aye
Gregg Travis - Aye
MOTION CARRIED.
Daniel Konowalow made a motion to adjourn the Meeting. Henry (Hurf)
seconded.
VOTE AS FOLLOWS:
Linda Hirvonen-Aye
Daniel Konowalow - Aye
Henry (Hurf) Sheldon - Aye
Gregg Travis - Aye
MOTION CARRIED.
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