The URL can be used to link to this page

Home My WebLink About2021-09-14 ZBA Minutes I Town of Lansing 2 Zoning Board of Appeals Meeting 3 Tuesday, September 14, 2021 6:30 PM 4 At Lansing Town Hall, 29 Auburn Road 5 Present 6 Maureen Cowen 7 Judy Drake, Chair 8 Peter Larson 9 Mary Stoe 10 Jack Young, Alternate 11 12 Excused 13 Richard Hayes 14 15 Other Staff Present 16 John Zepko, Planner Guy Krogh, Town Attorney Heather Dries, Planning Clerk 17 18 Public Present 19 May Lovelace Amy Newman Eric Clay Drew Minson Eric Trotter 20 Jerry & Patricia Codner Heather Fowler James Wells David Lennox 21 Debbie Bosanko Kerry Moore 22 23 General Business 24 Chair Judy Drake opened the meeting at 6:33pm. 25 26 Alternate Jack Young was enacted as a voting member in the excused absence of a voting 27 member. 28 29 Motion to Approve the Minutes of February 9, 2021. 30 Moved by: Mary Stoe Seconded by: Maureen Cowen (Motion Carried) 31 32 Motion to Approve the Minutes of April 13, 2021 as amended. 33 Moved by: Judy Drake Seconded by: Maureen Cowen (Motion Carried) 34 35 Motion to Approve the Minutes of July 13, 2021 as amended. 36 Moved by: Jack Young Seconded by: Mary Stoe (Motion Carried) 37 38 Motion to Approve the Minutes of August 10, 2021. 39 Moved by: Judy Drake Seconded by: Mary Stoe (Motion Carried) 40 Page 1 of 8 DRAFT 41 PUBLIC HEARING #1: 42 Consideration of an Appeal made by Dale and Judy Williams, 99 Armstrong Road; Tax Parcel No. 43 38.4-12, located in the Low Density Residential —R1 Zoning District. The applicant is proposing 44 to construct a 28' x 24 car port and is requesting a 16' Area Variance from Town of Lansing 45 Zoning Law § 270, Schedule II which requires a 60' Minimum Front Yard Setback from the 46 center line of the road. This is a Type II Action under the State Environmental Quality Review 47 Act 6 NYCRR 617.5(c)(16) and 6 NYCRR 617.5(c)(17). 48 49 Motion to Open the Public Hearing for 99 Armstrong Road at 6:40 pm. 50 Motioned by: Maureen Cowen Seconded by: Richard Hayes (Motion Carried) 51 52 Summary of Discussion: 53 - Kerry Moore, Contractor, was present to discuss this project. 54 - The proposed carport is sized to fit both of the applicant's vehicles and possibly a 55 camper. 56 - The proposed carport would be a timber frame structure with repurposed elements 57 from a local historic barn. 58 - The proposed carport will be open on all sides except where it attaches to the house. 59 60 Board Deliberation: 61 - The proposed carport is within reasonable limits and compatible with the space on the 62 applicant's property. 63 - There would be no impact on the neighbors. 64 - Many neighbors are in favor of the proposed carport. 65 - The proposed carport is reasonable to the neighborhood. 66 67 Motion to Close the Public Hearing for 99 Armstrong Road at 6:45 pm. 68 Motioned by: Pete Larson Seconded by: Maureen Cowen (Motion Carried) 69 70 71 AREA VARIANCE FINDINGS AND DECISION 72 TOWN OF LANSING ZONING BOARD OF APPEALS 73 74 BACKGROUND INFORMATION 75 76 Applicant and Owner: 77 Dale &Judy Williams Variance No: 21-05 78 99 Armstrong Road Zoning District: R1 - 79 Lansing, NY Public Hearing 80 Published on: 81 9/3/2021 82 Mailed 600' Notices 83 Sent on: 9/1/2021 84 Property Location: 99 Armstrong Road Page 2 of 8 85 Tax Parcel #: 38.-1-12 86 87 88 Requirement for which Area Variances are requested: Town of Lansing Land Use Ordinance (the 89 "Zoning Ordinance"): Section 504, Schedule II: Area, Frontage, Yard, Heights and Coverage 90 Requirements. 91 92 RESOLUTION AND FINDINGS 93 94 WHEREAS, Dale &Judy Williams, Applicant and Owner of 99 Armstrong Road, Tax Parcel No. 38.- 95 1-12 located in the Residential Low Density Zoning District (R1) applied for an Area Variance from 96 Town of Lansing Land Use Ordinance Section 504, Schedule II requiring a Minimum Front Yard 97 Set Back of 60'; and 98 99 WHEREAS, Applicant is requesting an Area Variance of 16' to facilitate placement of a 28'x24' 100 Carport Structure; and 101 102 WHEREAS, on September 14, 2021 the Town of Lansing Zoning Board of Appeals (the "ZBA") 103 thoroughly reviewed and analyzed: (i) the information and evidence submitted by the applicant 104 in support of the requested area variance; (ii) all other information and materials properly before 105 the ZBA; and (iii) the issues and impacts raised for consideration by neighbors, the public, and 106 the ZBA; and 107 108 WHEREAS, this application is classified as a Type II Action under 6 NYCRR Part 617.5 (c)(17) (such 109 that no further environmental review is required) and this matter also does not require a GML 110 Section 239 review; so, upon due deliberation upon the foregoing, the application, and all 111 evidence and testimony presented to the ZBA, 112 113 NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 114 115 1.The Town of Lansing Zoning Board of Appeals ("ZBA") hereby makes the following findings with 116 respect to the specific criteria for area variances as set forth in Town Law§ 267-b(3)(b), and other 117 applicable provisions of law and of the Zoning Ordinance: 118 a. Whether an undesirable change will be produced in the character of the neighborhood or a 119 detriment to nearby properties will be created by the granting of the area variance? 120 121 Yes _ No _x Findings: The Zoning Board of Appeals finds that the proposed structure 122 would fit the character of the neighborhood. 123 124 b. Whether the benefit sought by the applicant can be achieved by some method, feasible for 125 the applicant to pursue, other than an area variance? 126 127 Yes _ No x Findings: The Zoning Board of Appeals finds that there is not another 128 feasible method to allow this structure in the available space on this lot. Page 3 of 8 129 130 c. Whether the requested area variance is substantial? 131 132 Yes _ No _x Findings: The Zoning Board of Appeals finds that this is not a substantial 133 request. 134 135 d. Whether the proposed variance will have an adverse effect or impact on 136 the physical or environmental conditions in the neighborhood or district? 137 138 Yes _ No _x Findings: The Zoning Board of Appeals finds that this would not impact 139 any conditions of the neighborhood. Several neighbors have shown support for this project. 140 141 e. Whether the alleged difficulty was self-created? 142 143 Yes x No Findings: The Zoning Board of Appeals finds that this difficulty is self- 144 created because they are choosing to install the carport. 145 146 2. DETERMINATION BASED ON THE ABOVE FACTORS (choose one): 147 148 It is hereby determined by the Town of Lansing Zoning Board of Appeals (the "ZBA") that the 149 following area variance is GRANTED, with any conditions hereafter stated (if any), it being 150 further found and determined that (i) the benefit to the applicant outweighs any potential 151 negative impacts or detriment to the neighborhood or community; and (ii) such area variance is 152 the minimum necessary as adequate to grant relief and, at the same time, preserve and protect 153 the character of the neighborhood and the safety and welfare of the community. 154 155 DESCRIPTION OF SPECIFIC VARIANCES GRANTED: 16ft Area Variance from the Minimum Yard 156 Setback 157 158 ARE CONDITIONS IMPOSED WITH RESPECT TO THE AREA VARIANCES AS GRANTED? 159 Yes x No 160 161 STATEMENT OF CONDITIONS: 162 1. As variances are exceptions based upon exigent need or emergency, should applicant fail 163 to avail itself of the benefits of the above-described area variances within one year from 164 the date hereof, this approval and such area variances shall expire. In cases where 165 construction may be applicable, "avail itself of the benefits" shall mean a building permit 166 obtained (if necessary) and substantial construction as commenced. Said one-year 167 approval period may be extended for good cause by the ZBA if application for an 168 extension is submitted before the expiration of the then applicable variances period. 169 170 THE VOTE ON THE FOREGOING DECISION, DETERMINATIONS,AND RESOLUTION OF THE TOWN 171 OF LANSING ZONING BOARD OF APPEALS WAS AS FOLLOWS: Page 4 of 8 DRAFT 172 173 Motion by: Mary Stoe 174 Seconded by: Jack Young 175 176 Maureen Cowen —Aye 177 Jack Young—Aye 178 Peter Larson —Aye 179 Mary Stoe—Aye 180 Judy Drake—Aye 181 182 Dated: September 14, 2021 183 184 PUBLIC HEARING #2: 185 Consideration of an Appeal made by Amy Newman and Eric Clay on behalf of Newman-Clay 186 Revocable Trust, 281 Bill George Rd; Tax Parcel No. 24.-4-2, located in the Lakeshore — L1 (with 187 lake frontage) Zoning District. The applicant is proposing to construct a 10' x 12 accessory 188 building and is requesting a 30' Area Variance from Town of Lansing Land Use Ordinance § 270, 189 Schedule II which requires a 30' Minimum Yard Setback from the shore of Cayuga Lake. This is a 190 Type II Action under the State Environmental Quality Review Act 6 NYCRR 617.5(c)(16) and 6 191 NYCRR 617.5(c)(17). 192 The above referenced appeal and its supporting documents are available for inspection at 193 https://Ifweb.tompkinsco.org/WebLink/Browse.aspx?id=52144&dbid=7&repo=Lansing 194 195 Motion to Open the Public Hearing for 281 Bill George Road at 6:51 pm. 196 Motioned by: Maureen Cowen Seconded by: Richard Hayes (Motion Carried) 197 198 Summary of discussion: 199 - Applicants, Amy Newman and Eric Clay, as well as May Lovelace of Sunny Brook 200 Builders, were present to discuss this project. 201 - The applicant reviewed their request, outlining new changes to the project. 202 - The Zoning Board of Appeals discussed other options for the structure including the 203 demolition and rebuilding of an existing structure on its original footprint. 204 205 Public Comment: 206 - Drew Minson explained the letter and documentation he provided. 207 o He has concerns over the inaccuracy of the size, noise, future use, etc. 208 - Eric Trotter has concerns with the proximity to the neighbor's living space, and with the 209 potential for the railroad to retaliate against the other landowners if the applicant does 210 something to upset them. 211 - James Wells has concerns over the proximity to the neighbor's living space. 212 - David Lennox stated that the applicant should be given the opportunity to refresh their 213 property when it no longer fits the character of the neighborhood. 214 215 Page 5 of 8 DRAFT 216 Board Deliberation: 217 - Despite the fact that the other properties surrounding applicant have similar structures, 218 the proposed project would still be a detriment to neighbors. 219 - The Zoning Board of Appeals discussed other options with the applicant. 220 - This request substantial. 221 - There would no environmental impacts. 222 - This is a self-created hardship. 223 224 Motion to Close the Public Hearing for 281 Bill George Road at 8:09 pm. 225 Motioned by: Pete Larson Seconded by: Mary Stoe (Motion Carried) 226 227 AREA VARIANCE FINDINGS AND DECISION 228 TOWN OF LANSING ZONING BOARD OF APPEALS 229 230 BACKGROUND INFORMATION 231 232 Applicant: Amy Newman & Eric Clay Variance No: 21-06 233 281 Bill George Road Zoning District: L1 234 Groton NY 13073 Public Hearing 235 Published on 08/03/2021 236 Mailed 600' Notices 237 Property Location: 281 Bill George Road on: 08/03/2021 238 Tax Parcel #: 24.-4-2 239 240 Requirement for which Area Variance is requested: Town of Lansing Code (the "Code"): Section 241 270, Schedule II: Area, Frontage, Yard, Heights and Coverage Requirements. 242 243 RESOLUTION AND FINDINGS 244 245 WHEREAS,Amy Newman & Eric Clay,Applicants,applied for an Area Variance to construct a new 246 10' X 10' Accessory Structure that is not compliant with the 30' Minimum Front Setback from the 247 lakeshore; and 248 249 WHEREAS, on August 10, 2021, the Town of Lansing Zoning Board of Appeals (the "ZBA") 250 thoroughly reviewed and analyzed: (i) the information and evidence submitted by the applicant 251 in support of the requested area variance; (ii) all other information and materials properly before 252 the ZBA; and (iii) the issues and impacts raised for consideration by neighbors, the public, and 253 the ZBA; and 254 255 WHEREAS, this application is classified as a Type II Action under 6 NYCRR Part 617.5 (c)(17) (such 256 that no further environmental review is required) and this matter also does not require General 257 Municipal Law §239 -1, -m, and -n referral as the items are excluded per an Inter-Governmental Page 6 of 8 DRAFT 258 Agreement between the Tompkins County Planning Department and the Town of Lansing dated 259 December 17, 2003; and; so, upon due deliberation upon the foregoing, the application, and all 260 evidence and testimony presented to the ZBA, 261 262 NOW,THEREFORE, BE IT RESOLVED AS FOLLOWS: 263 264 1.The Town of Lansing Zoning Board of Appeals ("ZBA") hereby makes the following findings with 265 respect to the specific criteria for an Area Variance as set forth in Town Law § 267-b(3)(b), and 266 other applicable provisions of law and of the Zoning Ordinance: 267 268 a. Whether an undesirable change will be produced in the character of the neighborhood or a 269 detriment to nearby properties will be created by the granting of the area variance? 270 271 Yes x No Findings: The character of the neighborhood includes similar structures, 272 however it would block the view for other residents. 273 274 b. Whether the benefit sought by the applicant can be achieved by some method, feasible for 275 the applicant to pursue, other than an area variance? 276 Yes x No _ Findings: The Zoning Board of Appeals discussed other options including the 277 demolition and rebuilding of an existing structure on its original footprint. 278 279 c. Whether the requested area variance is substantial? 280 281 Yes x No Findings: This is a 100%variance. 282 283 d. Whether the proposed variance will have an adverse effect or impact on 284 the physical or environmental conditions in the neighborhood or district? 285 286 Yes _ No x Findings: This will not harm the physical or environmental conditions 287 in the neighborhood. 288 289 e. Whether the alleged difficulty was self-created? 290 291 Yes x No Findings: The applicants want to place a shed. 292 293 2. DETERMINATION BASED ON THE ABOVE FACTORS (choose one): 294 295 It is hereby determined by the Town of Lansing Zoning Board of Appeals (the "ZBA") that the 296 following area variance is DENIED, with any conditions hereafter stated (if any), it being further 297 found and determined that (i) the benefit to the applicant outweighs any potential negative 298 impacts or detriment to the neighborhood or community; and (ii) such area variance are the 299 minimum necessary as adequate to grant relief and, at the same time, preserve and protect the 300 character of the neighborhood and the safety and welfare of the community. 301 Page 7 of 8 302 303 THE VOTE ON THE FOREGOING DECISION, DETERMINATIONS,AND RESOLUTION OF THE TOWN 304 OF LANSING ZONING BOARD OF APPEALS WAS AS FOLLOWS: 305 306 Motion by: Jack Young 307 Seconded by: Maureen Cowen 308 Jack Young—Aye 309 Peter Larson —Aye 310 Mary Stoe—Aye 311 Maureen Cowen —Aye 312 Judy Drake—Aye 313 314 Dated: September 14, 2021 315 316 Discussion 317 - Future meetings (through January 15, 2022) will return to Zoom. 318 - If you would like a paper packet, please let Heather know. 319 - Please complete your required trainings. 320 - Heather will be sending out your training record within the next few weeks so you will 321 know what you need to complete before the end of the year. 322 323 Chair Judy Drake adjourned meeting at 8:17 PM 324 325 Minutes taken and executed by Heather Dries Page 8 of 8