HomeMy WebLinkAbout08-20-12 Minutes.docxTown of Lansing
Town of Lansing
Monday, August 20, 2012 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*Judy Drake, Alternate
*Jeffrey Overstrom, Engineer & Planning Coordinator
Ruth Hopkins, Town Board Liaison
Lorraine Moynihan Schmitt, ZBA Attorney
PUBLIC PRESENT
Al Fiorille
GENERAL BUSINESS
Chairman Gregg Travis called The Town of Lansing Zoning Board of Appeals Meeting to order at 7:04 PM and reviewed the Agenda with the Public.
Chairman Travis acknowledged the Legal Notice was duly published in The Ithaca Journal as required.
Daniel Konowalow moved to open the Public Hearing at 7:04 PM. Henry (Hurf) Sheldon 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) Linda Hirvonen, Member
Vote of Zoning Board . . . (Aye) Daniel Konowalow, Member
Vote of Zoning Board . . . (Aye) Hurf Sheldon, Member
Vote of Zoning Board . . . (Aye) Gregg Travis, Chair
Public Hearing – Area Variance, Applicant: Alfonso Fiorille, 388 Salmon Creek Road, Tax Parcel #21.-1-2.2
Zoning Board Members reviewed packets previously provided to them.
*For the record, Mr. Fiorille disclosed to the Zoning Board Members that he is currently an active Planning Board Member.
Mr. Fiorille appeared before the Board requesting an Area Variance for a proposed lot size less than 40,000 Sq. Ft. The Town of Lansing Land Use Ordinance for the RA District requires
40, 000 Sq. Ft. Mr. Fiorille would like to subdivide the farm house from the agricultural land that is currently being tilled. Mr. Fiorille would like to keep a 30 ft right of way to
the south that would allow access to the back farm land that he states will remain forever. To the north of the property, there is a hedgerow of large pine trees, also the well is located
near.
Member Comments/Concerns
Linda Hirvonen: Stated she has spoken with the Tompkins County Health Dept and they have indicated at this time the lot does not meet sanitary code.
Daniel Konowalow: Encouraged Mr. Fiorille that he should seriously take into consideration and not have the access strip too close to the existing well.
Henry (Hurf) Sheldon: Inquired why Mr. Fiorille didn’t consider putting the deeded right on way to the back field, on his other property.
Daniel Konowalow made a motion to close the Public Hearing at 7:23 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) Linda Hirvonen, Member
Vote of Zoning Board . . . (Aye) Daniel Konowalow, Member
Vote of Zoning Board . . . (Aye) Hurf Sheldon, Member
Vote of Zoning Board . . . (Aye) Gregg Travis, Chair
After reviewing several different maps, the Members felt there are several others alternate ways for Mr. Fiorille to achieve his goal without having an Area Variance granted.
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:
Yes. There is adequate land available to meet the Zoning Regulation requirement for lot size.
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:
No.
4. State whether the alleged difficulty (Variance needed) was self-created,
and reason why:
Yes. The Applicant could have full size lot.
5. State whether the request is substantial:
Yes. See above (#4)
Henry (Hurf) Sheldon made a motion to deny the request as presented. 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 . . . (Abstain) Linda Hirvonen, Member
Vote of Zoning Board . . . (Aye) Daniel Konowalow, Member
Vote of Zoning Board . . . (Aye) Hurf Sheldon, Member
Vote of Zoning Board . . . (Aye) Gregg Travis, Chair
Approval/Denial of July 17, 2012 Minutes
David Dittman made a motion to approve the Minutes as presented. Henry (Hurf) Sheldon 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) Linda Hirvonen, Member
Vote of Zoning Board . . . (Aye) Daniel Konowalow, Vote of Zoning Board . . . (Aye) Hurf Sheldon, Member
Vote of Zoning Board . . . (Aye) Gregg Travis, Chair
Other Business
The Board Members inquired if the Planning Office had heard back from Stephen Davis in regards to his Application as his Public Hearing was tabled until this Meeting. To date, they have
not. It was the consensus to leave the Public Hearing opened until the September Meeting at which time they will close if there has been no correspondence from Mr. Davis.
Daniel Konowalow made a motion to adjourn the Meeting. Henry (Hurf) Sheldon 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) Linda Hirvonen, Member
Vote of Zoning Board . . . (Aye) Daniel Konowalow, Vote of Zoning Board . . . (Aye) Hurf Sheldon, Member
Vote of Zoning Board . . . (Aye) Gregg Travis, Chair