HomeMy WebLinkAbout2011-09-20 APPROVED
Town of Lansing
Tuesday, September 20, 2011 7:00 PM, Zoning Board of Appeals
Meeting
ZONING BOARD OF APPEALS MEMBERS
(*Denotes present)
* Gregg Travis,Chairman David Dittman
* Linda Hirvonen * Dan Konowalow
* Henry(Hurf)Sheldon
* Jeffrey Overstrom,Engineer&Planning Coordinator
* Kathryn Miller,Town Board Liaison
Lorraine Moynihan Schmitt,ZBA Attorney
PUBLIC PRESENT
Carol Eastman
Charles Speta
Greg Eastman
GENERAL BUSINESS
Chairman Gregg Travis called The Town of Lansing Zoning Board of Appeals
Meeting to order at 7:00 PM and reviewed the Agenda with the Public. Mr.
Travis noted for the record, the Minutes for approval/denial shall read; May 31,
2011.
Chairman Travis acknowledged the Legal Notice was duly published in The
Ithaca Journal as required.
Public Hearing - Area Variance, Applicant: Carol Eastman,
Munson Road, Tax Parcel #PJO 20.-1-7.111
Carol Eastman appeared before the Board requesting an Area Variance that will
allow two (2) driveways over 500' long to be installed as part of her proposed
Subdivision which is currently under the Planning Board's purview.
APPPROVED
LEGEND -1
A-COMPUTED CORNER O
LT-UTILITY POLE SC.
39(-PIPE FOUND Z
x-PIN FOUND
I
•-PIN SET L-
N : 5400'W •-PROPOSED NEW DMSION LINE m
NI
'DEED TO CEERLNE ROAD EXCEPT, '
AND RESERVE ALL EXISTING PUBLIC MUNSON °" Q
F---HIGHWAY AND UDUIY R.OMs' -••:' 0 °' 6
3 i D S = 54.00.E N 54'00'W
- .. 4WI E I'RESF7IT CEN11DR1NE •�18 1:J0' :.85.00' _ (235.0•)
•
RAE
SUBJECT TO I I I
NG.EASEMENT.
SEE 259/447 WELL•(o
O c�I
2.)NEW YES TENT. EEE I rl
COMPANY EASEbFM,SEE ZI •
1
5ee/1071
$I yI IZ I I
A
% EASTMAN(R.O.) 8 ill I$ I I 1 ,0, 1 28.5'0
Wi GARAGE SHED � E
m ^� ALL n:' 4 5.3.°
n - G HOUSE
NO.3594p 0 •
o SEPTIC p IN
#2
HO - /J oI q v (QEI 8 J t*t
-:I 81 Iv ieIN m18 REMAINING LANDS OF 0 0
C O `e TERI JO BARTLETT ` 'A
;91 1 t. 1, 1M 434330-001 -0 .4,
0 0 20-1-7.112 Z G 0
MUNSON(6.0) 3.09 ACRES NET 70 v O O I 0
ROAD RIGHT OF'WAY g 8
S 825400_E 300.00' Z
x g �, o
Z z 1 0
•N 82'54'00' N 82'5400'W G7 m Z
105.00' 115.00' I PEE Im
TERI JO BARTLETT I
I P/O IINS7RUMEWT NO. 434330-001 8
PAT AX MAP PARCEL 20-1-7.112
1.01 ACRES NET TO g
I 2 Raw RIGHT OF MAY
1°q7 PARCEL A l y 3.08 ACRES NET TO I9
g ROAD OF WAY 3.14 ACRES NET 70 I ROAD RIGHT OF WAY 1$
8 % 4
at �� (210.34'P P)
•Tn 8 .. S 5400 E N 82'3400°W X
4E 1n
• NOTES
y 1.)PARCEL E IS TO BE CONVEYED
Z
1 R# AND CONSCL/WTED WRN PARCEL C. #PARCEL 0 p1 V#L y# EM MID CONSOIJLNIID WON R Ep.L
16 l y 10 10 LANDS OF BWRFR(20-1-7.112) 10
I 111-
IM PARCEL D I^i
1.47 ACRES NET TO •i'
ti Raw RIGHT OF WAY a
P mo
q
(213.80'P TO P)
N 8328 00•W 224.99' S 8828'00'E 249.99' 129.31' 234 99' x
REMAINS OF FENCE&HEDGE N 8328110°W S 8328'00 E
PARCELS A. Bi, C&D 'SUBJECT TO MID TOGETHER WILN
CAROL L. EA-5714W ANY RIGHT TIRE AND(MEREST IF
DEED BOOK 872 PAGE 243 ANY TO SAID ABANDONED ROAD'
TAX MAP PARCEL 20-1-7.111 KIRBY(R.0.)
TOTAL 10.78 ACRES NET 70 890/34
ROAD RIGHT OF WAY
CERTIFICATION
I hereby codify to GROL C EASTMAN I
that I am a licensed land surveyor,New York State Llamas REFERENCE MAP ENTITLED
No.050769,and that this mop 06000151 dWisots on actual survey
on the ground mod.by me or under my direct eupervIsion;and 1.)RANOS OF BRIAN C.&TER(JO
that I found no vlelbl.encrooenmWlb Miler Wry across property BARTLETT....DATED 3/31/2000 BY GARY
an..°apt s shown nano.. BRUCE DAVISON
SIGNED: MATED:
SHELVE TITLE: SURVEY MAP RED
LAND SURVEYING
185 WOOD OD ROAD SHOWING LANDS OF
FREEVILLE.NY 13088
607-347-9800 CAROL L EASTMAN
�
ANNOY OF AO NV o LOCATED ON MUNSON ROAD (V Nl.
eamx +a•TS1°M '11^Ol
er um AL VAINOOON9 TOWN OF LANSING, TOMPKINS COUNTY, NEW YORK ^NO WOO RA INS VP
WA
ORM A 1*W.Im!Wax P SAD SCALE:
NO NV ncAwWm�w DATE:
WOE MAW ORM9ILL B/13�201 FILE NO. 11-046 I ea:1 ODr '
APPPROVED
Daniel Konowalow moved to open the Public Hearing at 7:02 PM. David
Dittman seconded the motion and it was carried by the following roll call vote:
Vote of Zoning Board . . . (Aye) David Dittman, Member
Vote of Zoning Board . . . (Aye) Daniel Konowalow, Member
Vote of Zoning Board . . . (Aye) Linda Hirvonen, Member
Vote of Zoning Board . . . (Aye) Henry (Hurf) Sheldon, Member
Vote of Zoning Board . . . (Aye) Gregg Travis, Chair
Public Comments/Concerns
Greg Eastman, resident 355 Munson Road (top left on Map) states he has had
drainage issues on his property for a number of years and is concerned that with
installing additional driveways, there will be no place for the additional runoff to
go to, except his land.
Jeff Overstrom & Gregg Travis both agreed that drainage can be mitigated.
From The Town of Lansing Planning Board
At the Planning Board Meeting held on September 12, 2011 the Board offered the
following Resolution directed to The Zoning Board of Appeals;
Planning Board Reply;
1. This prevents land locking land. It provides a method of infill in an
existing property, allows a more efficient use of the land as far as density
of land that is otherwise not suitable for Agricultural land and lastly meets
the needs outside of the Applicant/Community.
2. Over the past 30 years, this location has taken a shift from Agricultural to
Residential. There is no negative effect to the character of the
neighborhood due to the lots being large enough that they will not crowd
anybody. The land is not well drained, therefore, it is not good for
agriculture.
3. Special circumstances is allowing the proper infill of that land
4. Denying Variance would result in an undue hardship, and the hardship is
not necessary self imposed. There is no other way to get to the back lots
5. This would be the minimal waiver for this land.
Thomas Ellis moved to recommend to the Zoning Board of Appeals that the
Variance for the longer length of the driveways be granted for the reasons stated
3
APPPROVED
above. Larry Sharpsteen seconded the motion and it was carried by the
following roll call vote:
Vote of Planning Board . . . (Aye) Thomas Ellis, Member
Vote of Planning Board . . . (Aye) David Hatfield, Member
Vote of Planning Board . . . (Aye) Nancy Loncto, Member
Vote of Planning Board . . . (Aye) Richard Prybyl, Member
Vote of Planning Board . . . (Aye) Larry Sharpsteen, Member
Vote of Planning Board . . . (Aye) Norman L. Davidson,
Chairman
Linda Hirvonen moved to close the Public Hearing at 7:25 PM. Daniel
Konowalow seconded the motion and it was carried by the following roll call
vote:
Vote of Zoning Board . . . (Aye) David Dittman, Member
Vote of Zoning Board . . . (Aye) Daniel Konowalow, Member
Vote of Zoning Board . . . (Aye) Linda Hirvonen, Member
Vote of Zoning Board . . . (Aye) Henry (Hurf) Sheldon, Member
Vote of Zoning Board . . . (Aye) Gregg Travis, Chair
The Zoning Board reviewed the following criteria:
FINDINGS:
1. State whether an undesirable change in the neighborhood character will
be created, and reason why:
No.
2. State whether there is an alternative method to achieve what the applicant
desires, and reason why:
No, at least not to have the separate parcels as desired.
3. State whether the variance will have an adverse effect or impact on the
physical or environmental conditions in the neighborhood or district, and
reason why:
Yes, unless drainage is addressed.
4. State whether the alleged difficulty(variance needed) was self-created,
and reason why:
Yes.
5. State whether the request is substantial:
No, only a slight length of driveway beyond the Ordinance
requirement is being requested.
4
APPPROVED
CONDITIONS: List conditions prescribed by the Zoning Board of Appeals in
granting this variance:
Surface water drainage must be addressed to preclude
increased water flow on adjacent properties due to
development on the new parcels.
Linda Hirvonen moved to grant an Area Variance for the driveway lengths with
the condition, surface water drainage must be addressed to preclude increased
water flow on adjacent properties due to development on the new parcels. David
Dittman seconded the motion and it was carried by the following roll call vote:
Vote of Zoning Board . . . (Aye) David Dittman, Member
Vote of Zoning Board . . . (Aye) Daniel Konowalow, Member
Vote of Zoning Board . . . (Aye) Linda Hirvonen, Member
Vote of Zoning Board . . . (Aye) Henry (Hurf) Sheldon, Member
Vote of Zoning Board . . . (Aye) Gregg Travis, Chair
Approval/Denial of May 31, 2011 Minutes
David Dittman made a motion to approve the Minutes of May 31, 2011 as
presented. Linda Hirvonen seconded the motion and it was carried by the
following roll call vote:
Vote of Zoning Board . . . (Aye) David Dittman, Member
Vote of Zoning Board . . . (Aye) Daniel Konowalow, Member
Vote of Zoning Board . . . (Aye) Linda Hirvonen, Member
Vote of Zoning Board . . . (Aye) Henry (Hurf) Sheldon, Member
Vote of Zoning Board . . . (Aye) Gregg Travis, Chair
Other Business
Dan Konowalow had concerns with the Planning Department scheduling
"Emergency" Meeting when we have a routine scheduled for Meetings. Mr.
Konowalow states as far as the vote goes, an absent person is an automatic no
vote, and the Applicant is at a disadvantage. Mr. Konowalow proposed that the
Chairman of the Board be consulted when an Application for a Variance arrives,
and it would be his opinion whether it is urgent or not.
Linda Hirvonen disagrees with Mr. Konowalow. Ms. Hirvonen states one of the
things she likes about Lansing is they are so responsive to their citizens. Ms.
Hirvonen feels the schedule should be left the way it is.
Hurf Sheldon agreed with Ms. Hirvonen, stating the Public would like to see the
Planning Department more responsive to their needs.
5
APPPROVED
Gregg Travis suggested that we take Dan's suggestion and schedule two
Meetings per month (1st and 3rd) Tuesday of the month. The primary would be
the 3rd Tuesday. Business should not be placed on both dates.
Linda Hirvonen moved to adjourn the Meeting at 8:00 PM. Daniel Konowalow
seconded the motion and it was carried by the following roll call vote:
Vote of Zoning Board . . . (Aye) David Dittman, Member
Vote of Zoning Board . . . (Aye) Daniel Konowalow, Member
Vote of Zoning Board . . . (Aye) Linda Hirvonen, Member
Vote of Zoning Board . . . (Aye) Henry (Hurt') Sheldon, Member
Vote of Zoning Board . . . (Aye) Gregg Travis, Chair
6