HomeMy WebLinkAbout2021-12-14 ZBA Minutes DRAFT
1 Town of Lansing
2 Zoning Board of Appeals Meeting
3 Tuesday, December 14, 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 Bronwyn Losey, Town Board Liaison
17
18 Public Present
19 Sharon Olin
20
21 General Business
22 Chair Judy Drake opened the meeting at 6:32pm.
23
24 Alternate Jack Young was enacted as a voting member in the excused absence of a voting
25 member.
26
27 Motion to Approve the Minutes of November 9, 2021 as amended.
28 Motioned by: Mary Stoe Seconded by: Richard Hayes (Motion Carried)
29
30 Public Hearing: Consideration of an Appeal made by Sharon Olin, 456 Ridge Road; Tax Parcel
31 No. 32.-1-34, located in the Residential Low Density— R1 Zoning District. The applicant is
32 proposing to construct an eight (8)foot tall fence and is requesting an Area Variance from Town
33 of Lansing Zoning Law § 270- 24 which permits fencing up to six (6)feet in height. This is a Type
34 II Action under the State Environmental Quality Review Act 6 NYCRR 617.5(c)(16) and 6 NYCRR
35 617.5(c)(17).
36
37 Motion to Open the Public Hearing for 456 Ridge Road at 6:36 pm.
38 Motioned by: Mary Stoe Seconded by: Richard Hayes (Motion Carried)
39
40 Summary of discussion:
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41 - Sharon Olin described her appeal.
42 - The applicant has concerns over her safety and privacy.
43 - The fence is 18 feet from the property line, 34 feet from the road, and approximately 75
44 feet long.
45 - The neighboring property sits higher than the applicant's, so a taller fence is necessary
46 to be useful.
47 - The applicant is willing to trim her lilac bush back to ensure it does not block the view of
48 the road.
49
50 Public Comment:
51 — No Public Comment
52
53 Motion to Close the Public Hearing for 456 Ridge Road at 6:48 pm.
54 Motioned by: Mary Stoe Seconded by: Richard Hayes (Motion Carried)
55
56 Board Deliberation:
57 - The neighbor's property does sit higher than the applicants.
58 - The main concern is obstruction of view.
59 - The Town Planner shared photos of the properties.
60 - The lilac bush does appear that it would obstruct the view during the summer months.
61 - The Zoning Board would like to include a condition that the applicant cut back the lilac
62 bush.
63
64 AREA VARIANCE FINDINGS AND DECISION
65 TOWN OF LANSING ZONING BOARD OF APPEALS
66
67 BACKGROUND INFORMATION
68
69 Applicant: Sharon Olin Variance No: 21-08
70 456 Ridge Road Zoning District: RA
71 Lansing, NY 14882 Public Hearing
72 Published on 12/2/2021
73 Mailed 600' Notices
74 Property Location: 456 Ridge Rd on: 12/1/2021
75 Tax Parcel #: 32.-1-34
76
77 Requirement for which Area Variance is requested: Town of Lansing Code (the "Code"): Section
78 270-24 E. Fences and Walls
79
80 RESOLUTION AND FINDINGS
81
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82 WHEREAS, Sharon Olin, Applicant, is proposing to construct an 8' high fence at her residence
83 located at 456 Ridge Road, where 6 feet is the maximum permitted height (Section 270-24 E.
84 Fences and Walls).
85
86 WHEREAS, on December 14, 2021, the Town of Lansing Zoning Board of Appeals (the "ZBA")
87 thoroughly reviewed and analyzed: (i) the information and evidence submitted by the applicant
88 in support of the requested area variance; (ii) all other information and materials properly before
89 the ZBA; and (iii) the issues and impacts raised for consideration by neighbors, the public, and
90 the ZBA; and
91
92 WHEREAS,this application is classified as a Type II Action under 6 NYCRR Part 617.5 (c)(17) (such
93 that no further environmental review is required) and this matter also does not require General
94 Municipal Law §239 -1, -m, and -n referral as the items are excluded per an Inter-Governmental
95 Agreement between the Tompkins County Planning Department and the Town of Lansing dated
96 December 17, 2003; and; so, upon due deliberation upon the foregoing, the application, and all
97 evidence and testimony presented to the ZBA,
98
99 NOW,THEREFORE, BE IT RESOLVED AS FOLLOWS:
100
101 1.The Town of Lansing Zoning Board of Appeals("ZBA") hereby makes the following findings with
102 respect to the specific criteria for an Area Variance as set forth in Town Law § 267-b(3)(b), and
103 other applicable provisions of law and of the Zoning Ordinance:
104
105 a. Whether an undesirable change will be produced in the character of the neighborhood or a
106 detriment to nearby properties will be created by the granting of the area variance?
107
108 Yes _ No x Findings: The Zoning Board finds that the fence is far enough away from
109 the neighboring home, the shared property line, and the road.
110
111 b. Whether the benefit sought by the applicant can be achieved by some method, feasible for
112 the applicant to pursue, other than an area variance?
113
114 Yes No x Findings: The Zoning Board finds that other options, such as planting trees,
115 are not feasible in a timely manner.
116
117 c. Whether the requested area variance is substantial?
118 Yes No x Findings: The Zoning Board finds that the variance is not substantial. It is a
119 2 ft variance on the downhill side of a slope.
120
121 d. Whether the proposed variance will have an adverse effect or impact on
122 the physical or environmental conditions in the neighborhood or district?
123
124 Yes _ No x Findings: The Zoning Board finds that this will not have an adverse
125 effect. The applicant has support from most neighbors.
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126
127
128 e. Whether the alleged difficulty was self-created?
129
130 Yes x No Findings: The Zoning Board finds that the difficulty was self-created, as
131 the applicant began constructing the fence before getting approval.
132
133 2. DETERMINATION BASED ON THE ABOVE FACTORS (choose one):
134
135 It is hereby determined by the Town of Lansing Zoning Board of Appeals (the "ZBA") that the
136 following area variance is GRANTED, with any conditions hereafter stated (if any), it being
137 further found and determined that (i) the benefit to the applicant OUTWEIGHS any potential
138 negative impacts or detriment to the neighborhood or community; and (ii) such area variance
139 are the minimum necessary as adequate to grant relief and, at the same time, preserve and
140 protect the character of the neighborhood and the safety and welfare of the community.
141
142 DESCRIPTION OF SPECIFIC VARIANCE GRANTED: Construction of an 8' heigh fence where 6' is
143 the maximum permitted height.
144
145
146 ARE CONDITIONS IMPOSED WITH RESPECT TO THE AREA VARIANCE AS GRANTED?
147 Yes x No
148
149 STATEMENT OF CONDITIONS:
150
151 1. As variances are exceptions based upon exigent need or emergency, should applicant fail
152 to avail itself of the benefits of the above-described area variance within one year from
153 the date hereof, this approval and such area variance shall expire. In cases where
154 construction may be applicable, "avail itself of the benefits" shall mean a building permit
155 obtained (if necessary) and substantial construction as commenced. Said one-year
156 approval period may be extended for good cause by the ZBA if application for an
157 extension is submitted before the expiration of the then applicable variance period.
158 2. These conditional area variance approvals are not, and do not constitute,a determination
159 upon, or concurrence respecting, the nature or quality of underlying rights in title or in
160 the littoral use of Cayuga Lake, but are only issued in respect to the bulk, density, setback,
161 yardage, and any other dimensional requirements of zoning respecting the lots and
162 parcels of the subject application.
163 3. The applicant shall prune the Lilac bush to the extent that provides good visibility during
164 all seasons.
165 4. The fence shall not extend closer than 34 feet from the white line on the eastern edge of
166 Ridge Road.
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167 5. The fence shall be no longer than 75 feet in length.
168 THE VOTE ON THE FOREGOING DECISION, DETERMINATIONS,AND RESOLUTION OF THE TOWN
169 OF LANSING ZONING BOARD OF APPEALS WAS AS FOLLOWS:
170
171 Motion by: Richard Hayes
172 Seconded by: Maureen Cowen
173 Maureen Cowen —Aye
174 Judy Drake—Aye
175 Richard Hayes— Aye
176 Mary Stoe—Aye
177 Jack Young— Aye
178
179 Motion to go into Executive Session at 7:06 per Article 7 (Public Officers) Law Section 105(f)—
180 Interviews of candidates and matters leading to the appointment, employment, promotion,
181 demotion, discipline, suspension, dismissal or removal of a particular person.
182 Moved by: Mary Stoe Seconded by: Richard Hayes (Motion Carried)
183
184 Motion to come out of Executive Session at 7:58 pm
185 Moved by: Maureen Cowen Seconded by: Richard Hayes (Motion Carried)
186
187 Motion to make a recommendation to the Town Board for Jack Young to be appointed as a
188 Town of Lansing Zoning Board of Appeals member for a five (5) year term; and for Susan
189 Tabrizi to be appointed to finish the remaining one (1)year of Pete Larson's term; and for Erin
190 Worsell to be appointed to a one (1)year term as alternate.
191 Moved by: Richard Hayes Seconded by: Maureen Cowen (Motion Carried)
192
193 Chair Judy Drake adjourned meeting at 7:21PM
194
195 Minutes taken and executed by Heather Dries
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