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Home My WebLink About2012-09-20 DRAFT s� 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 # P/O 2004 7111 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 . i M1 T DRAF 1 j LEGEND A— COMPUTED CORNER Z- URUTY POLE )9(- PIPE FOUND - PIN FOUND • - PIN SET � C W - PROPOSED NEW DIASION LINE m AHED S CENTERLINE TING EXCEPT Moo '00W AND RESEND UTI IXISRNO PUBLIC MUNSON o. — HIGHWAY AND UTILITY R.0.1YS' A A S 84'00' E N 54'00" W �� Rws[Nr CENTERONE 181 30' 85.00 (23s.D•) SUBJECT To 1 I.) N.Y.s.E4 G. EASEMENT, SEC 250/447 WELL I Ei I 1 2.) NEW YORK TELEPHONE COMPANY CASEMENT, SEE I • F P 1 s66hw) $ I yl Ig v EASTMAN (R.O.) C' 732/47 Th •C• SHED GARAGE rA • SHED ' z iP, N OUSE y 4 SEPTIC 2 f Hoy"� �I 81 Ily I $ REMAINING LANDS OF O ( ) J • TERI JO BARTLETT g l I O Im ° I Tn 434330-001 O E; 8 20- 1 -7.112 Z 0 z PARCEL C m yp O MUNSON (R.O.) 3.0'H ACRES NET 70 V Y 'Tit O 423066-001 'vl ROAD ROff OF WAY $ 0 S 82'54'00_E 300,00 1 Z O $ O! C O ON 82'54'00' 82 N 054000e W C) m Z • f05 00' 115 00' I a PARCEL E I 1 TM JO BARTLETT P/0 INSTRUMENT NO, 434JW—Wl g P/0 A11 MAP PARCEL 20-1-7. 112 1,01 ACRES NET TO f g9z ROAD RIW OF WAY I q PARCEL A l y PARCEL 8 I z /Q40 RtAOQ f OF WAY A ROAD ACRES NETOF A Q6 1 W ROAD RX:FIf � WAY ( 19 1 (210.34• P TO P) r f B5 00' 235.00' g S 54'00 E N 8Y54'00' W ' • mom FA )) z 1 4 ANDPCONSOUDAR.1) l MTH PPARc C. #� + +y AM aN T CONSOLIDATED WITH R ARM D IS TO BE CONVEYED E C 4M LANDS OF MRILF.TT (20- I-7. 112) I $ ( � PARCEL 0 I IM 1.47 ACRES NET 10 a T`T ROAD RafT OF WAY . N 8T28'00' W 224 88' S 8J 28 00' E 249.98' 128.31 ' (213 80' P TO P)234.@8' REMAINS OF FENCE & HEDGE N 8f2800• W S 83*28000e E PARCELS A A C & D CAROL L EASTMAN SUBJECT IV AND IOCETNER WITH ne•ew ANY RICNT TITLE AND INTEREST E DEED ' BOOK 872 PAGE 243 ANY TO SAM ABMIDONED ROAD' TAX AMP PARCEL 20- 1-7, 111 KIRETY (R.O.) TOTAL 10,78 ACRES NET 1D 890/34 ROAD RIGHT OF WAY CERTIFICATION I h•n6y co" to CARM L. EASTMAN Mot I em 0 4c•M2*d land elnY•yoi Nw Y Sfr Sfa LkWnw REFERENCE MAP ENTITLED ) No. 080769, end Mat Mill MO mn•ot0• d•8neefn on =ut wmy W LIM Fr d made by m• w nndn mmyy 00d Wsion Und 1.)RANDS OF BREW C. h TERI JO MITI I found no •L•AI• wt=.dv t, tl)hA rmy•UW ocYesW poPap, &vs u pt Re rho" hsnon B4RREFT...' DATED J/J I/2000 BY G4RY BRUCE DAMSON SI11@ DATED: ' • SHINE TITLE : SURVEY MAP RLY Iss ED 166 WOOD ROAD SHOWING LANDS OF FT2 607-.3 - 1308E c, r� 607-347-9800 CAROL L• CASTM4N "eo',9',,. , ieP WIT LOCATED ON MUNSON ROAD a r(�,roMpRc«Wi.laN•W+oW1'sn14 b UlL A11 ®IfttAlm TOWN OF LANSINC, TOMPKINS COUNTY, NEW YORK xwmx .x Wun 1a n+o •v L�y/�ay on'�Qytl�A n°�'Ya Uw��Jµml DATE:•mil tlO�D� AI•�1b Ie1M1Yl"'" 8/23/2011 FILE NO. 1 1 -046 SOS, DRAFT 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 P1am-iing 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 in-fill 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 DRAFT 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 DRAFT 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 ApprovaMUenial 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 DRAFT Greggravis suggested that we gg su gg take Dan s suggestion and schedule two Meetings per month (1st and 3rd ) Tuesday of the month . The primary would be the 31AL1 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 ( Hurf) Sheldon , Member Vote of Zoning Board . . . ( Aye ) Gregg Travis , Chair 6 J Town of LansingZoning Board of Appeals Meeting b pp g September 20 , 2011 Visitors Please Sign [ n Below : (Please Print) Name Address nn II ��oo l 3 0`Z3 UV1 rAQ�,zS (J -A 3 5 t ku+3�,00 R,,Po �yJ 4 ZA S'rinA ,.I S S Y>1 u NS O ,s RP 6 t orm till k 3 613 i I ,I Gw V1 J�C) �( C9 http : //www . Iansingtown . com/ s