HomeMy WebLinkAbout2021-11-09 ZBA Minutes DRAFT
1 Town of Lansing
2 Zoning Board of Appeals Meeting
3 Tuesday, November 9, 2021 6:30 PM
4 Via Zoom
5 Present
6 Maureen Cowen
7 Judy Drake, Chair
8 Richard Hayes
9 Mary Stoe
10 Jack Young, Alternate
11
12 Excused
13
14 Other Staff Present
15 John Zepko, Planner Heather Dries, Planning Clerk
16
17 Public Present
18 Jason Demarest Sean &Jennifer Whittaker
19
20 General Business
21 Chair Judy Drake opened the meeting at 6:34pm.
22
23 Alternate Jack Young was enacted as a voting member in the excused absence of a voting
24 member.
25
26 Motion to Approve the Minutes of October 12, 2021 as amended.
27 Moved by: Richard Hayes Seconded by: Maureen Cowen (Motion Carried)
28
29 PUBLIC HEARING #1:
30 Consideration of an Appeal made by Sean &Jennifer Whittaker, 300 Portland Point Road; Tax
31 Parcel No. 36.-1-83, located in the Industrial/Research — IR Zoning District. The applicant is
32 proposing to construct a two family dwelling and is requesting a Use Variance from Town of
33 Lansing Zoning Law § 270, Schedule I which does not permit two family dwellings. This is an
34 Unlisted Action under the State Environmental Quality Review Act 6 NYCRR 617.5(c)(16) and 6
35 NYCRR 617.5(c)(17).
36 The above referenced appeal and its supporting documents are available for inspection at
37 https://Ifweb.tompkins-co.org/WebLink/Browse.aspx?id=59983&dbid=7&repo=Lansing
38
39 Motion to Open the Public Hearing for 300 Portland Point Road at 6:47 pm.
40 Motioned by: Richard Hayes Seconded by: Mary Stoe (Motion Carried)
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DRAFT
41
42 Summary of discussion:
43 — Sean Whittaker, Jennifer Whittaker, and Architect Jason Demarest were present to
44 discuss this project.
45 — Jason Demarest explained the project.
46 — This project would not need a variance if the property was zoned in the manor it has
47 been used- Residential.
48 — The application did not include a SEQRA Environmental Assessment Form. An EAF must
49 be submitted for the Zoning Board to consider this application.
50 — The County considered this a local issue. They have no other comments.
51 — The Zoning Board reviewed the appeal test questions (review criteria) with the
52 Applicant.
53 — The Applicant wishes to include an accessory apartment above the garage of the guest
54 house.
55 — The Applicant intends for this area to use by their adult children while visiting; Applicant
56 states it will not be used as a rental property.
57
58 Public Comment:
59 — No Public Comment
60
61 Board Deliberation:
62 — There was no variance issued for the existing structure.
63 — There is no written communication with former code enforcement officer.
64 — The Zoning Board would like to have clearer answers to the appeal test questions.
65 — There is a discrepancy with the 2017 Use Variance on this property. The Variance was
66 subjected to the test questions for an Area Variance, not a Use Variance.
67 — The Town Planner will reach out to the applicant and their representative to discuss
68 other options, including rezoning.
69 — A determination cannot be made at this time.
70 — The Public Hearing will remain open.
71
72 Discussion:
73
74 Chair Judy Drake adjourned meeting at 7:21PM
75
76 Minutes taken and executed by Heather Dries
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