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HomeMy WebLinkAbout1996-02-26 TOWN OF LANSING Ping Board Monday, February 26, 1996; 7:30 pin PLANNING BOARD MEMBERS (6 Deno=prem) * Jackie Baker Cheryl Nickel * Lin Davidson * Lary Steen, Chair * Brad Gail * Robert Todd Viola Miler * AI White * Larry Tvaroba, Trnm Councilman * George Tatman, Zoning and Code Oaforcemern Officer PUBLIC PRESENT Don Konowal Tom Deiderbom Duane Paye Review of IV&nut from January 22, 1996, Meetirp AI White made a motion to postpone review of these minutes tuml the next regular meeting Robert Todd seconded. VOCAL ALL INDCOCRj MOTION CARRIED UNANIMOUSLY • Lansing g Forum May Sharpsteen stated that the Lansing g Forum provided an overview of their group at a recent meeting of the Rotary Club. Notes were taken and a copy was passed on to the Planning Board. Lent' was concerned about a statement made by a person attending that meeting in which the person basically implied that the Town doesn't know how to or can't handle the projects it has currently uudartakea Since Lin Davidson is also involved with the Lansing Forum, Larry asked Lin to respond to the comment. Lin stated that he doesn't know who made the statement and didn't attend the meeting, but that the comment doesn't reflect the ideas expressed by the group. Al White refereed to the notes of the above meeting where it stared that the T ansing Forum developed the planning process, development and adoption of the comprehensive plan and development of the new zoning ordinance. He was concerned because this doesn't accurately reflect the involvement of the citizens in these processes. Lin stated that he had not yet seen the notes from the meeting and didn't feel he could respond to them. lie indicated that he bad seen an orid,nai vision statement, but the segment that Al referred to was new to him Larry was concerned because none of the information that was presented by representatives of the Tensing Forum to the PIanning Board was the same, according to hearsay, as that which was presented to the Rotary Clod Supposedly one of the members of the Lansing Forum had made the statement that the Town was incapable of hanciliry, whether it was the volume or the depth of the problems, they are currently faced with. Other board members had also heard that this comment had been made. Again, Lin stated that this statement does not reflect the intent of the Lansing Forum. 01 Al questioned whether it was appropriate for Lin to continue to be a member of the Planning Board, and at the same time support the statements made in the literature from the Lansing Forum. lad emphasized that this was the f,.ret time he has seen the handout Al didn't think that the Lansing Forum was acting in the best interest of the Planning Board, the Town Board, or the people of the Town ofZmzsbig Plamnzg Board Page 2 Monday. February 26, 1996 town. Lin agreed that the backgoumd information section from the Lansing Forum doesn't accurately 111 reflect their efforts. Neither Larry or Robert felt that Lin's position with the Planning Board should be questioned, only that the statements made about the PIarming Board need to be clarified Robert commented that if the Lansing Forum is looked at as a new political party being formed to nm against the existing Town Board, then Lin's activity with them might be questioned Lin doesn't see this as a political group. The only problem is a misrepresentation is the backgound information section of their handout Lin stated that the Lansing Form would like to keep the lines of information flowing and keep it open to all the public, and to have a forum for debate and discussion SEQR Workshop There is a SEQR workshop being conducted on March 20, 1996, starting at 6:30 p.m, at the Holiday Inn. This is a workshop that explains the new amendments. All board members were encouraged to attend. DuangRoye Duane Raye stated that he has lived on Atwater Road for many years. Mr. Raye appealed before the Planning Board to share his thoughts on the growth of the Town of Iansing and the iroyfmgens of that growth_ He is concerned about the zoning in the area of the town that he lives. He stared that rumors are flying that there are certain people (bankers, lawyers, realtors) that are pushing for commercial development in the Bl District After speaking with George and learning about the proposed new zoning ordinance, he is concerned that he will not be able to use his land as he wishes in the future. He plans to retire in a few years and put up a m inlay home on a section of his land The new ordinance may prevent him from being able to do that. He felt the ordinanrp is discriminatory for those people who might not be able to afford to buy other land or build an expensive house. Ifo asked the Planning Board to consider those people too_ He doesn't want to be forced to make a life decision just to get it in under the guaadfather clause before the new zoning ordinance is adopted. Tarry stated that the gandfatlaer clause is a State law that says if a trailer is not already on a piece of property when the zoning ordinance is adopted, then it will not be permitted after`-the fact in a Lestticted Done. The zoning regulations regulate the use of the land and not the land itself. With the adoption of a zoning ordinance, the State requires that a Zoning Board of Appeals must also be appointed. This allows for a safety valve for appeals. Tom explained that the gandfather clause has to do with anything that is in existence when the zoning ordinance goes into effect that may not be in compliance with the zoning ordinance_ The municipality has to acknowledge those things and allow them to continue. They are call non-conforming uses. Duane was concerned about this clause 'because he has a concrete pad that is there for use by a trailer, but is currently empty. He feels that since this pad has previously been used for a trailer, that that use should continue even if it is vacant when the ordinance is pacset The question was raised whether or not a pad that supports a mobile home, a septic system, water, and utilities actually constitute a mobile home as far as a me is concerned Larry suggested that the Planni g Board receive a finding from a legal consultant in regard to this question. Jackie Baker thanked Duane for reminding the board of this perspective and who the Planning Board 4� should be acting on behalf of Tarty clarified for Duane that as the ordinance is currently drafted, mobile homes are allowed outside of perks in the rural apiculture district; but, are not allowed in the commercial district Hypothetically, Brad asked Duane what type of zone he would prefer his property to be located Duane was glad that his property could be used for both residential and commercial Town of Lansing Planning Board Monday, February 26, 1996 Page 3 • uses. The Planning Board thanked Duane for his input and invited him to continue to participating in this process_ Tom Nejderkorn The Planning Board asked Tom Neiderkom to respond to questions from their review of the newest version of the proposed zoning ordinance. Brdkfng Permits — The Board decided that they didn't want to offer two separate permits. Torn gave a scenario of someone that decides to operate a used car lot without a building involved How is this dealt with? George stated that he schedules that person to appear before the Planning Board requestinig special permit Tom then asked how it is controlled if the use is not permitted. George stated he explains people what is allowed and not George doesnt want this ordinance so restrictive and unreal to the public so that they don't understand it Al agreed 1201.4 — 'No permits shall be issued except on written order of the Zoning Board of Appeals." Tom read, "where it is in violation of any of the provisions of the ordinance, no zoning permit shall be issued-.." George stated that zoning permits are not issued Torn stared that if someone is in violation of the regulations, you don't want a building inspector issuing a permit George asked if the wording would be changed to a "building permit" Tom felt that there may come a time in the future where someone might find a way around this term, and felt it should remain a zoning permit. Larry pointed out that the wording is almost verbatim from what the cuaent ordinance reads ® 12023/4 — It was questioned that if a use is violated, what can be done. For example, a building is constructed all within the ordinances and a certificate of occupancy is issued, but the use that is brought in is not in compliance. George stated in such a case, he would have to take the person through the courts because they would have violated the information given to the Planning Board Tom explained that there may come a time when a new enforcement officer is not as conscientious as George is, and issues certificates of occupancy whether not they meet the zoning ordinance. Al expressed great concern about this document becoming cumbersome and confusing. He would like to see the document sacamlined and made aisles to understand_ Tom explained that by breaking each section into smaller sections, he felt it would be easier to understand._ He suggested the possibility of taldng the existing document for Sections 12 and 13 and break that down instead without adding any of the new language. AI felt that some update of the language was in order, and in some case totally new paragraphs. The Planning Board ageed to meet on Monday, Manch 4, 1996, to continue this discussion and review. Al began discussing the airport hazard zone. He felt it is important that the Planning Board and the new zoning ordinance discourage residential development within the airport hanard zone_ According to statistics, most crashes from the airport are within three miles of the airport and in line with the =way. Larry brought up for consideration the fact that no provisions have been made in the zoning ordinance to control adult entertainment establisimments from being brought in next to a church or schools. III This meeting was closed at 10:00 p.m. Submitted by Michelle Eastman The next rept' meeting is scheduled for Monday, March IL 1996, of 7_-30 p.m