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Home My WebLink About10-29-13 ZBA Minutes.docxTown of Lansing Town of Lansing Tuesday, October 29, 2013 7:00 PM, Zoning Board of Appeals Meeting ZONING BOARD OF APPEALS MEMBERS (*Denotes present) *Gregg Travis, Chairman*Linda Hirvonen*Dan Konowalow *Henry (Hurf) Sheldon*Donna Scott, Alternate *Judy Drake *Ruth Hopkins, Town Board Liaison Lorraine Moynihan Schmitt, ZBA Attorney * Lynn Day, Zoning Officer PUBLIC PRESENT Kelly DaultonJack Jensen Jonathan StankJohn Andersson David Huckle Sandy Conlon Marty Conlon 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. Chairman Travis acknowledged the Legal Notice was duly published in The Ithaca Journal as required. Public Hearing - Application & SEQR Review – Use Variance – Applicant: Jonathan Stank, 134 Ridge Road, Tax Parcel # 35.-2-1 Daniel Konowalow moved to open the Public Hearing on the Application at 7:03 PM. Linda Hirvonen seconded the motion and it was carried by the following roll call vote: Vote of Zoning Board . . . (Aye) Judy Drake, Member Vote of Zoning Board . . . (Aye) Linda Hirvonen, Member Vote of Zoning Board . . . (Aye) Daniel Konowalow, Member Vote of Zoning Board . . . (Aye) Henry Sheldon, Member Vote of Zoning Board . . . (Aye) Gregg Travis, Chair Application Discussion Applicant Jonathan Stank is requesting a Use Variance to open up a Can/Bottle Redemption Center in the Commercial Garage on the above property, and utilized the house as rental property. This particular type of Business is not listed in the Town of Lansing Land Use Ordinance, therefore, not a permitted Use. Mr. Stank states the Center will tentatively operate on Saturdays and Sundays for the first 6-12 months with him and his partner working and eventually operating from Thursday through Sunday with hours of operation from 10:00 AM to 6:00 PM. There will be two part-time employees to begin with. Public Comments/Concerns Pat Conlon offered the following letter; Marty Conlon states he is concerned with the increased traffic and should be taken into consideration based on the location of the property. Donna Scott brought up concerns with “cockroaches” and “bugs” being brought in on the bottles/cans. Ms. Daulton indicated redemption pick up will be on a weekly basis and they will monitor the property for critters. According to Zoning Officer Lynn Day, there is plenty of Parking on the premises. Mr. Stank states he projects about 80 cars per weekend day. Judy Drake had some concerns with respect to the traffic, however after visiting a small site within the City of Ithaca, she sees no problem with the traffic for this site. David Huckle, Agent for the seller is trying to work with the seller to clean up the property prior to sales. Henry (Hurf) Sheldon inquired if the old tanks have been taken out and is the property environmentally safe? Mr. Stank states to his knowledge they have. Phase I has not been performed yet, and this is a contingency for the purchasing of the property. Daniel Konowalow states this particular use would be no more onerous than a lot of other allowed uses in that area, therefore, he finds no reason not to approve this use. Linda Hirvonen states this type of business could be considered adjunct part of one of the allowed uses. Chairman Travis read the following reply from the Tompkins County Planning Department; A brief discussion toook place with regards to erecting a sign. Lynn Day, Zoning Officer advised Mr. Stank there is no sign law at this time, however, the Board informed Mr. Stank that a new Sign Law is in the works. The Board requested that the new Sign conform with the new law. Henry (Hurf) Sheldon made a motion to close the Public Hearing on the Application. Judy Drake seconded the motion and it was carried by the following roll call vote: Vote of Zoning Board . . . (Aye) Judy Drake, Member Vote of Zoning Board . . . (Aye) Linda Hirvonen, Member Vote of Zoning Board . . . (Aye) Daniel Konowalow, Member Vote of Zoning Board . . . (Aye) Henry Sheldon, Member Vote of Zoning Board . . . (Aye) Gregg Travis, Chair Member’s reviewed the following criteria for a Use Variance; The Applicant cannot realize a reasonable return, as shown by the competent financial evidence. The lack of return must be substantial: Yes X No Proof: This property has been vacant for over 12 years with no prospects since. Gregg Travis states this property is not so unique that it can’t be used in other ways that are allowed in the Town’s Land Use Ordinance. The alleged hardship relating to the property is unique. (The hardship may not apply to a substantial portion of the zoning district or neighborhood.) Yes X No ____ Proof: This is a use not allowed elsewhere in the Town but would generate issues similar to other allowed uses in this zone. The requested Use Variance, if granted will not alter the essential character of the neighborhood: Yes X No ____ Proof: The alleged hardship has been self-created: Yes X No__ DETERMINATION OF ZBA BASED ON THE ABOVE FACTORS: The ZBA, after reviewing the above four proofs, find: Linda Hirvonen offered the following motion, the Applicant has proven unnecessary hardship through the application of the four test required by the state statutes and therefore grants a Use Variance for the Bottle/Can Redemption Center with the following condition; Site Plan Review must be performed by the Town Planning Board. Adverse impact to be minimized: Traffic, Signage, Lighting, Drainage, Outside Storage. The Zoning Board Members reviewed Part I and completed Part II of the Full Environmental Assessment Form and declared a negative declaration. Henry (Hurf) Sheldon seconded the motion and it was carried by the following roll call vote: Vote of Zoning Board . . . (Aye) Judy Drake, Member Vote of Zoning Board . . . (Aye) Linda Hirvonen, Member Vote of Zoning Board . . . (Aye) Daniel Konowalow, Member Vote of Zoning Board . . . (Aye) Henry Sheldon, Member Vote of Zoning Board . . . (Aye) Gregg Travis, Chair Public Hearing- Application & SEQR Review- Area Variance, Applicant: Jack Jensen , Peruville Road & Farm Pond Circle, Tax Parcel (s)# 38.-1-4.121 & 38.-1-4.122 Daniel Konowalow made a motion to open the Public Hearing. Linda Hirvonen seconded the motion and it was carried by the following roll call vote: Vote of Zoning Board . . . (Aye) Judy Drake, Member Vote of Zoning Board . . . (Aye) Linda Hirvonen, Member Vote of Zoning Board . . . (Aye) Daniel Konowalow, Member Vote of Zoning Board . . . (Aye) Henry Sheldon, Member Vote of Zoning Board . . . (Aye) Gregg Travis, Chair Jack Jensen is requesting an Area Variance from Schedule 504, Area, Frontage, Yard, Heights And Requirements for the Town of Lansing. Mr. Jensen is proposing to construct a duplex unit on two lots each having approximately 52,000 Sq. Ft whereas 80,000 Sq. Ft. is required. Mr. Jensen stated he is also representing and working with Cornell University’s Sustainability Design Program which builds very energy efficient houses. The following statement was provided to the Board; Member/Public Discussion Daniel Konowalow feels this is a great project, just in the wrong location. Mr. Konowalow is concerned with setting precedence when allowing higher density where the Zoning does not allow. Septic impacts would be increased. Henry (Hurf) Sheldon disagreed stating Mr. Jensen will be building a smaller footprint structure than a residential home with less septic impacts. Jack Jensen explained the Health Department’s requirements per bedroom and further explained that his project would have 40% less than the requirement. Henry (Hurf) Sheldon felt the density is not the issue. Mr. Jensen could build two single family residences that have a larger footprint and will house more occupants. Mr. Sheldon further stated the Board should encourage people to construct these types of innovative energy efficient homes. Gregg Travis felt Mr. Jensen could move the easterly boundary line of # Lot 20 towards the pond to give more area. By doing so, this would cut down on the ZBA request. Mr. Jensen states if he did what was requested, it would then cut down on Lot 21’s area and infringe on the sewage and water line for lot 20. Federal Wetlands need to be taken into consideration also. Linda Hirvonen made a motion to close the Public Hearing. Henry (Hurf) Sheldon seconded the motion and it was carried by the following roll call vote: Vote of Zoning Board . . . (Aye) Judy Drake, Member Vote of Zoning Board . . . (Aye) Linda Hirvonen, Member Vote of Zoning Board . . . (Aye) Daniel Konowalow, Member Vote of Zoning Board . . . (Aye) Henry 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: Yes. Reasons: Some additional land could be added to at least lot 20. A single family unit could be constructed. 3. State whether the requested Variance is substantial: Yes. 4. Would the Variance have an adverse impact on the physical or environment conditions in the neighborhood: No. 5. Whether the alleged difficulty was self-created: Yes Henry (Hurf) Sheldon made a motion to approve the Variance as requested. Judy Drake seconded the motion and it was denied by the following roll call vote: Vote of Zoning Board . . . (Nay) Judy Drake, Member Vote of Zoning Board . . . (Nay) Linda Hirvonen, Member Vote of Zoning Board . . . (Nay) Daniel Konowalow, Member Vote of Zoning Board . . . (Aye) Henry Sheldon, Member Vote of Zoning Board . . . (Nay) Gregg Travis, Chair The ZBA, after taking into consideration the above five factors, finds that the Benefit to the Applicant DOES NOT outweigh the Detriment to the Neighborhood or Community therefore, the Variance is denied. Reasons: Too small of lot area especially since more acreage is available. Chairman Travis enacted the Alternate Member to vote on the Minutes of June 18, 2013 due to two Members abstaining due to not being in attendance. Approval/Denial of June 18, 2013 Minutes Judy Drake: Page 4, 3rd paragraph, second sentence touch to tough Henry (Hurf) Sheldon: Page 4, last paragraph, last sentence a should be inserted before slippery Henry (Hurf) Sheldon made a motion to approve the Minutes as amended. Daniel Konowalow seconded the motion and it was carried by the following roll call vote: Vote of Zoning Board . . . (Abstained) Judy Drake, Member Vote of Zoning Board . . . (Abstained) Linda Hirvonen, Member Vote of Zoning Board . . . (Aye) Daniel Konowalow, Member Vote of Zoning Board . . . (Aye) Donna Scott, Alternate Vote of Zoning Board . . . (Aye) Henry Sheldon, Member Vote of Zoning Board . . . (Aye) Gregg Travis, Chair Other Business Linda Hirvonen inquired if Chairman Travis had received a reply from Legal Counsel with respect to Variances being attached to deeds. To date, Mr. Travis has not heard back from Counsel. Chairman Travis reminded all Members to get their 2013 Training in before the end of the year. Linda Hirvonen made a motion to adjourn the Meeting at 9:16 PM. Daniel Konowalow seconded the motion and it was carried by the following roll call vote: Vote of Zoning Board . . . (Aye) Judy Drake, Member Vote of Zoning Board . . . (Aye) Linda Hirvonen, Member Vote of Zoning Board . . . (Aye) Daniel Konowalow, Member Vote of Zoning Board . . . (Aye) Henry Sheldon, Member Vote of Zoning Board . . . (Aye) Gregg Travis, Chair