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Home My WebLink About2021-02-09 ZBA Minutes DRAFT 1 Town of Lansing 2 Zoning Board of Appeals Meeting 3 Tuesday, February 9, 2021 6:30 PM 4 Via Zoom Meeting — Live on YouTube 5 Present 6 Richard Hayes 7 Peter Larson 8 Mary Stoe 9 Maureen Cowen 10 Jack Young, Alternate 11 Judy Drake, Chair 12 13 Other Staff Present 14 C.J. Randall, Director of Planning 15 16 General Business 17 Chair Judy Drake opened the meeting at 6:30pm. 18 19 Roll Call for Attendance: 20 Peter Larson-Aye 21 Maureen Cowen —Aye 22 Mary Stoe—Aye 23 Judy Drake—Aye 24 Jack Young—Aye 25 Chair Judy Drake enacted Jack Young, Alternate as a voting member due to Rick Hayes' absence. 26 Rick Hayes was having connection issues, so he was in attendance. Jack Young was not a voting 27 member at this meeting. 28 29 Read by Chair Judy Drake 30 PUBLIC HEARING: Electronically via conference call instead of a public meeting open for the 31 public to attend in person, on the following matter: All interested persons or representatives 32 thereof will be given an opportunity to be heard; send comments in writing to Town of Lansing, 33 Planning & Code Enforcement Department, 29 Auburn Rd, Lansing, NY 14882 or 34 tolcodes@lansingtown.com and your statement will be forwarded to the Zoning Board of 35 Appeals for their consideration. If you want your statement read aloud, please state that in 36 your letter or email. Meeting will be transcribed and posted on the Town's website at 37 https://www.lansingtown.com/town-docs 38 Any members of the public wishing to be heard by the Board may enter the meeting room at 39 the time of the respective Public Hearing at: 40 https://us02web.zoom.us/j/84817705277?pwd=czNGemJSQ2E4MDVlYU5MNkZ5emlwZz09 or by 41 calling 1-646-558-8656 and entering meeting ID 848 1770 5277 and Password 40313. Page 1 of 6 DRAFT 42 43 PUBLIC HEARING: 44 Consideration of an Appeal made by Nolan Hatfield, Applicant and Owner, 248 Holden Rd., Tax 45 Parcel 8.-1-2, located in the Rural Agricultural (RA) Zoning District for an Area Variance from 46 Town of Lansing Code § 270, Schedule II which requires a 60' minimum setback from center of 47 road. Applicant is seeking a 15' Area Variance from the minimum setback to facilitate 48 construction of a new 40' x 60' pole barn (accessory building) with 16' x 60' attached lean-to. 49 This is a Type II Action under the State Environmental Quality Review Act 6 NYCRR 617.5(c)(16). 50 The above referenced appeal and its supporting documents are available for inspection at 51 https://Ifweb.tompkins-co.org/WebLink/Browse.aspx?id=50003&dbid=7&repo=Lansing 52 53 Motion to Open the Public Hearing for 248 Holden Road. 54 Motioned by: Maureen Cowen Seconded by: Richard Hayes (Motion Carried) 55 Roll Call for Opening the Public Hearing 56 Peter Larson —Aye 57 Richard Hayes—Aye 58 Maureen Cowen —Aye 59 Mary Stoe—Aye 60 Judy Drake—Aye 61 62 Variance request discussion with the ZBA 63 Applicant and Owner, Nolan Hatfield, was admitted to the meeting and discussed the variance 64 request. 65 66 Summary of discussion 67 • There is limited space between the road and the fence line for the pasture on the 68 property. 69 • The grade of the land slopes down to toward the pasture, which limits how far to the 70 west the structure can be built. 71 • The applicant would like to place the barn between the trailers and the farmhouse, 72 creating a barrier between himself and the tenants he rents the trailers to. 73 • There is an existing barn on the property that is closer than 45 feet to the road. The 74 applicant also believes the house may be closer than 60 feet to the road. 75 • The Director of Planning verified that the existing structures did not have variances 76 recorded for them. They were built before the Town had been zoned. 77 • The applicant expressed need of this larger sized barn. 78 • The trailers on the property, one single wide and one double wide, are permanent 79 structures. They cannot be moved. 80 • The Director of Planning explained that there would need to be a 5 foot separation 81 between the new barn and the existing structures. 82 • It is not possible to rotate the structure 90° due to the placement of entry doors. 83 • With the lean-to the applicant has planned, rotating the structure would still require a 84 variance. Page 2 of 6 DRAFT 85 • The applicant intends the structure to be used for storage, repairs, etc. for matters 86 related to the farm. 87 • For clarity, the diagram the applicant submitted is inaccurate. The structure would be 88 closer to the road than depicted. 89 90 Public Comments 91 There were no public comments on this matter. 92 93 Motion to Close Public Hearin 94 Motion by: Richard Hayes Seconded by: Pete Larson (Motion Carried) 95 96 Roll Call for Closing the Public Hearing 97 Peter Larson-Aye 98 Richard Hayes—Aye 99 Maureen Cowen —Aye 100 Mary Stoe—Aye 101 Judy Drake—Aye 102 103 Board Deliberation 104 105 • This structure is appropriate with both the existing structures on this property, and with 106 other properties in the area. 107 • A neighbor sent a letter in support of the applicant's plan. 108 • The only property drainage would affect would be the applicant's. He will be responsible 109 for addressing drainage. 110 111 AREA VARIANCE FINDINGS AND DECISION 112 TOWN OF LANSING ZONING BOARD OF APPEALS 113 114 BACKGROUND INFORMATION 115 116 Applicant: Nolan Hatfield Variance No: 21-01 117 248 Munson Road Zoning District: RA 118 Groton NY 13073 Public Hearing 119 Published on 02/02/2021 120 Mailed 600' Notices 121 Property Location: 248 Holden Road on: 02/04/2021 122 Tax Parcel #: 8.-1-2 123 124 Requirement for which Area Variance is requested: Town of Lansing Code (the "Code"): Section 125 270, Schedule II: Area, Frontage, Yard, Heights and Coverage Requirements. 126 127 RESOLUTION AND FINDINGS 128 Page 3 of 6 DRAFT 129 WHEREAS, Nolan Hatfield, Applicant, applied for an Area Variance to construct a new 2400 sq. 130 ft. Pole Barn with a 16' attached lean-to that is not compliant with the 60' Minimum Front Yard 131 Setback; and 132 133 WHEREAS,Applicant is requesting an Area Variance of 15'from the Minimum Front Yard Setback 134 requirement; and 135 136 WHEREAS, on February 9, 2021, the Town of Lansing Zoning Board of Appeals (the "ZBA") 137 thoroughly reviewed and analyzed: (i) the information and evidence submitted by the applicant 138 in support of the requested area variance; (ii) all other information and materials properly before 139 the ZBA; and (iii) the issues and impacts raised for consideration by neighbors, the public, and 140 the ZBA; and 141 142 WHEREAS,this application is classified as a Type II Action under 6 NYCRR Part 617.5 (c)(17) (such 143 that no further environmental review is required) and this matter also does not require General 144 Municipal Law §239 -1, -m, and -n referral as the items are excluded per an Inter-Governmental 145 Agreement between the Tompkins County Planning Department and the Town of Lansing dated 146 December 17, 2003; and; so, upon due deliberation upon the foregoing, the application, and all 147 evidence and testimony presented to the ZBA, 148 149 NOW,THEREFORE, BE IT RESOLVED AS FOLLOWS: 150 151 1.The Town of Lansing Zoning Board of Appeals("ZBA") hereby makes the following findings with 152 respect to the specific criteria for an Area Variance as set forth in Town Law § 267-b(3)(b), and 153 other applicable provisions of law and of the Zoning Ordinance: 154 155 a. Whether an undesirable change will be produced in the character of the neighborhood or a 156 detriment to nearby properties will be created by the granting of the area variance? 157 158 Yes _ No X Findings: 159 The Zoning Board feels this structure fits with the other structures on the property, so it will not 160 pose any detriment to the area. 161 162 b. Whether the benefit sought by the applicant can be achieved by some method, feasible for 163 the applicant to pursue, other than an area variance? 164 Yes No X Findings: 165 Using a different type of building, size, or location may impose financial hardship to the applicant. 166 The building would be used for farm operations and is appropriate for such use. 167 168 c. Whether the requested area variance is substantial? 169 170 Yes No X Findings: 171 The applicant is applying for a 15ft variance into the 60ft front yard setback. This is not substantial 172 for the area. Page 4 of 6 DRAFT 173 174 d. Whether the proposed variance will have an adverse effect or impact on 175 the physical or environmental conditions in the neighborhood or district? 176 177 Yes _ No X Findings: 178 This structure will fit in with the existing structures on the property, and with other properties in 179 the area. The owner of a neighboring property has expressed support for this structure. 180 181 182 e. Whether the alleged difficulty was self-created? 183 184 Yes _ No X Findings: 185 The applicant has submitted all documents before beginning the project, so this is not self- 186 created. 187 188 2. DETERMINATION BASED ON THE ABOVE FACTORS (choose one): 189 190 It is hereby determined by the Town of Lansing Zoning Board of Appeals (the "ZBA") that the 191 following area variance is GRANTED, with any conditions hereafter stated (if any), it being 192 further found and determined that (i) the benefit to the applicant outweighs any potential 193 negative impacts or detriment to the neighborhood or community; and (ii) such area variance 194 are the minimum necessary as adequate to grant relief and, at the same time, preserve and 195 protect the character of the neighborhood and the safety and welfare of the community. 196 197 DESCRIPTION OF SPECIFIC VARIANCE GRANTED: 15ft variance into the 60ft front yard setback. 198 199 200 201 ARE CONDITIONS IMPOSED WITH RESPECT TO THE AREA VARIANCE AS GRANTED? 202 Yes X No 203 204 STATEMENT OF CONDITIONS: 205 206 1. As variances are exceptions based upon exigent need or emergency, should applicant fail 207 to avail itself of the benefits of the above-described area variance within one year from 208 the date hereof, this approval and such area variance shall expire. In cases where 209 construction may be applicable, "avail itself of the benefits" shall mean a building permit 210 obtained (if necessary) and substantial construction as commenced. Said one-year 211 approval period may be extended for good cause by the ZBA if application for an 212 extension is submitted before the expiration of the then applicable variance period. 213 214 Page 5 of 6 215 THE VOTE ON THE FOREGOING DECISION, DETERMINATIONS,AND RESOLUTION OF THE TOWN 216 OF LANSING ZONING BOARD OF APPEALS WAS AS FOLLOWS: 217 218 Motion by: Mary Stoe 219 Seconded by: Maureen Cowen 220 Richard Hayes—Aye 221 Peter Larson —Aye 222 Mary Stoe—Aye 223 Maureen Cowen —Aye 224 Judy Drake—Aye 225 226 Dated: February 9, 2021 227 228 229 230 Any other business deemed necessary: 231 The Planning Board will be having a training session on Monday, March 8, 2021 to discuss 232 conditions in land use approvals. This is largely related to site plan, but the Zoning Board 233 members are welcome to attend. 234 235 Chair Judy Drake adjourned meeting at 7:02 PM 236 237 Minutes executed by Heather Dries Page 6 of 6