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Home My WebLink About2021-04-13 ZBA Minutes DRAFT 1 Town of Lansing 2 Zoning Board of Appeals Meeting 3 Tuesday, April 13, 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 Judy Drake, Chair 11 12 Excused 13 Jack Young, Alternate 14 15 Other Staff Present 16 C.J. Randall, Director of Planning Heather Dries, Planning Clerk 17 18 General Business 19 Chair Judy Drake opened the meeting at 6:33pm. 20 21 Roll Call for Attendance: 22 Peter Larson —Aye 23 Maureen Cowen —Aye 24 Mary Stoe—Aye 25 Judy Drake—Aye 26 Rick Hayes—Aye 27 28 Read by Chair Judy Drake 29 PUBLIC HEARING: Electronically via conference call instead of a public meeting open for the 30 public to attend in person, on the following matter: All interested persons or representatives 31 thereof will be given an opportunity to be heard; send comments in writing to Town of Lansing, 32 Planning & Code Enforcement Department, 29 Auburn Rd, Lansing, NY 14882 or 33 tolcodes@lansingtown.com and your statement will be forwarded to the Zoning Board of 34 Appeals for their consideration. If you want your statement read aloud, please state that in 35 your letter or email. Meeting will be transcribed and posted on the Town's website at 36 https://www.lansingtown.com/town-docs 37 Any members of the public wishing to be heard by the Board may enter the meeting room at 38 the time of the respective Public Hearing at: 39 https://us02web.zoom.us/j/84817705277?pwd=czNGemJSQ2E4MDVlYU5MNkZ5emlwZz09 or by 40 calling 1-646-558-8656 and entering meeting ID 848 1770 5277 and Password 40313. 41 Page 1 of 6 DRAFT 42 PUBLIC HEARING: 43 Consideration of an Appeal made by Stacie Sasson, Applicant, on behalf of Aaron Daniel Sasson, 44 Owner, 7 Whispering Pines Dr,Tax Parcel 41.-2-16, located in the Residential — Low Density (R1) 45 Zoning District for an Area Variance from Town of Lansing Code § 270, Schedule II: Area, 46 Frontage, Yard, Heights, and Coverage Requirements which requires a 25' minimum yard 47 setback from the rear lot line. Applicant is seeking an 8' (eight) Area Variance from the 48 minimum setback to facilitate construction of a new 40' x 20' in-ground swimming pool. This is 49 a Type II Action under the State Environmental Quality Review Act 6 NYCRR 617.5(c)(16).The 50 above referenced appeal and its supporting documents are available for inspection at 51 https:Hlfweb.tompkins-co.org/WebLink/Browse.aspx?id=51163&dbid=7&repo=Lansing 52 53 Motion to Open the Public Hearing for 7 Whispering Pines Drive. 54 Motioned by: Richard Hayes Seconded by: Peter Larson (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, A. Daniel & Stacie Sasson, were admitted to the meeting and discussed 64 the variance request. 65 66 Summary of discussion 67 - The applicant would like the variance so they do not have to put the pool flush against 68 their back deck. 69 - There is also a sub pump that would need to be rerouted. 70 - The properties bordering the rear of the property are either undeveloped or heavily 71 wooded with a house on the far side of the property. 72 - Much of the land behind the wooded area behind the 73 - There is an existing fence that will comply with the pool requirements. 74 - There is a property that is Federally Dedicated Wetlands that is 4-5 lots away. The 75 Sasson property is dry and will not be affected by the swampy nature of that property. 76 77 Public Comments 78 Eric Stickel joined the meeting. 79 - Eric inquired about the purpose of the 25 ft setback. 80 o The Director of Planning provided the reasoning for the setback. 81 82 Motion to Close Public Hearin 83 Motion by: Richard Hayes Seconded by: Mary Stoe (Motion Carried) 84 85 Roll Call for Closing the Public Hearing Page 2 of 6 DRAFT 86 Peter Larson-Aye 87 Richard Hayes—Aye 88 Maureen Cowen —Aye 89 Mary Stoe—Aye 90 Judy Drake—Aye 91 92 Board Deliberation 93 - The Zoning Board members agree that this pool would not create a burden for the 94 neighbors. 95 - There is no environmental concern related to this project. 96 97 AREA VARIANCE FINDINGS AND DECISION 98 TOWN OF LANSING ZONING BOARD OF APPEALS 99 100 BACKGROUND INFORMATION 101 102 Applicant: Stacie Sasson Variance No: 21-02 103 Aaron Daniel Sasson 104 7 Whispering Pines Zoning District: R1 105 Lansing, NY 14882 Public Hearing 106 Published on 04/06/2021 107 Mailed 600' Notices 108 Property Location: 7 Whispering Pines on: 04/06/2021 109 Tax Parcel #: 41.-2-16 110 111 Requirement for which Area Variance is requested: Town of Lansing Code (the "Code"): Section 112 270, Schedule II: Area, Frontage, Yard, Heights and Coverage Requirements. 113 114 RESOLUTION AND FINDINGS 115 116 WHEREAS,Stacie Sasson,Applicant,on behalf of Aaron Daniel Sasson, Owner, applied for an Area 117 Variance to construct a new 40' x 20' in-ground swimming pool that is not compliant with the 25' 118 Minimum Rear Yard Setback; and 119 120 WHEREAS, Applicant is requesting an Area Variance of 8' from the Minimum Rear Yard Setback 121 requirement; and 122 123 WHEREAS, on April 13, 2021, the Town of Lansing Zoning Board of Appeals (the "ZBA") 124 thoroughly reviewed and analyzed: (i) the information and evidence submitted by the applicant 125 in support of the requested area variance; (ii) all other information and materials properly before 126 the ZBA; and (iii) the issues and impacts raised for consideration by neighbors, the public, and 127 the ZBA; and 128 Page 3 of 6 DRAFT 129 WHEREAS,this application is classified as a Type II Action under 6 NYCRR Part 617.5 (c)(17) (such 130 that no further environmental review is required) and this matter also does not require General 131 Municipal Law §239 -I, -m, and -n referral as the items are excluded per an Inter-Governmental 132 Agreement between the Tompkins County Planning Department and the Town of Lansing dated 133 December 17, 2003; and; so, upon due deliberation upon the foregoing, the application, and all 134 evidence and testimony presented to the ZBA, 135 136 NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 137 138 1.The Town of Lansing Zoning Board of Appeals("ZBA") hereby makes the following findings with 139 respect to the specific criteria for an Area Variance as set forth in Town Law § 267-b(3)(b), and 140 other applicable provisions of law and of the Zoning Ordinance: 141 142 a. Whether an undesirable change will be produced in the character of the neighborhood or a 143 detriment to nearby properties will be created by the granting of the area variance? 144 145 Yes _ No x Findings: It is a wooded area, and it is compatible with the area. 146 147 b. Whether the benefit sought by the applicant can be achieved by some method, feasible for 148 the applicant to pursue, other than an area variance? 149 Yes No x Findings: The locations of the deck and septic limit the placement of the 150 pool. 151 152 c. Whether the requested area variance is substantial? 153 154 Yes No x Findings: 8 feet is not substantial. 155 156 d. Whether the proposed variance will have an adverse effect or impact on 157 the physical or environmental conditions in the neighborhood or district? 158 159 Yes _ No x Findings: There will be not adverse effect or impact on the area. 160 161 162 e. Whether the alleged difficulty was self-created? 163 164 Yes x No Findings: This is self-created because they want the pool. 165 166 2. DETERMINATION BASED ON THE ABOVE FACTORS (choose one): 167 168 It is hereby determined by the Town of Lansing Zoning Board of Appeals (the "ZBA") that the 169 following area variance is GRANTED, with any conditions hereafter stated (if any), it being 170 further found and determined that (i) the benefit to the applicant outweighs any potential 171 negative impacts or detriment to the neighborhood or community; and (ii) such area variance Page 4 of 6 172 are the minimum necessary as adequate to grant relief and, at the same time, preserve and 173 protect the character of the neighborhood and the safety and welfare of the community. 174 175 DESCRIPTION OF SPECIFIC VARIANCE GRANTED: 8 ft area variance for the rear lot line setback 176 177 178 179 ARE CONDITIONS IMPOSED WITH RESPECT TO THE AREA VARIANCE AS GRANTED? 180 Yes X No 181 182 STATEMENT OF CONDITIONS: 183 184 1. As variances are exceptions based upon exigent need or emergency, should applicant fail 185 to avail itself of the benefits of the above-described area variance within one year from 186 the date hereof, this approval and such area variance shall expire. In cases where 187 construction may be applicable, "avail itself of the benefits" shall mean a building permit 188 obtained (if necessary) and substantial construction as commenced. Said one-year 189 approval period may be extended for good cause by the ZBA if application for an 190 extension is submitted before the expiration of the then applicable variance period. 191 192 193 THE VOTE ON THE FOREGOING DECISION, DETERMINATIONS,AND RESOLUTION OF THE TOWN 194 OF LANSING ZONING BOARD OF APPEALS WAS AS FOLLOWS: 195 196 Motion by: Mary Stoe 197 Seconded by: Richard Hayes 198 Richard Hayes—Aye 199 Peter Larson —Aye 200 Mary Stoe—Aye 201 Maureen Cowen —Aye 202 Judy Drake—Aye 203 204 Dated: April 13, 2021 205 206 Received and filed in the Lansing Town Clerk's Office on 207 Debbie Munson 208 Town Clerk 209 Town of Lansing 210 Tompkins County, New York 211 212 213 Page 5 of 6 DRAFT 214 Any other business deemed necessary: 215 The Zoning Board members are interested in holding meetings using a virtual/in-person hybrid. 216 217 Chair Judy Drake adjourned meeting at 7:24 PM 218 219 Minutes taken and executed by Heather Dries Page 6 of 6