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Home My WebLink About2022-06-14 ZBA Minutes DRAFT 1 Town of Lansing 2 Zoning Board of Appeals Meeting 3 Tuesday, June 14, 2022 6:30 PM 4 Library Community Room- 27 Auburn Rd 5 Present Excused 6 Judy Drake, Chair 7 Richard Hayes 8 Mary Stoe 9 Susan Tabrizi 10 Jack Young 11 12 Other Staff Present 13 John Zepko, Planner Heather Dries, Planning Clerk 14 15 Public Present 16 Erin Worsell, Derek Osborne, Mark Armstrong, Holly Hamilton 17 18 General Business 19 Chair Judy Drake opened the meeting at 6:30pm. 20 21 PUBLIC HEARING: Consideration of an Appeal made by Erin Worsell and Derek Osborne, 22 owners, at 2 Beach Road; Tax Parcel No. 31.-2-4, located in the Mixed Use — B1 Zoning District. 23 The applicant is proposing to construct approximately 146 feet of eight foot high fence where 24 six feet in height is the maximum permitted. The applicant is applying for an Area Variance from 25 Town of Lansing Zoning Law § 270-24 A., Fences and Walls. This is a Type II Action under the 26 State Environmental Quality Review Act 6 NYCRR 617.5(c)(12), construction, expansion or 27 placement of minor accessory/appurtenant residential structures, including garages, carports, 28 patios, decks, swimming pools, tennis courts, satellite dishes, fences, barns, storage sheds or 29 other buildings not changing land use or density. 30 31 Motion to Open the Public Hearing for 2 Beach Rd at 6:31 pm. 32 Motioned by: Mary Stoe Seconded by: Rick Hayes (Motion Carried) 33 34 Summary of Discussion: 35 • Applicants Erin Worsell & Derek Osborne were present to discuss this project. 36 • The applicants have safety concerns and have made several attempts to plant a natural 37 buffer, which have not survived along that side of the property. Trees also interfere with 38 the septic. Page 1 of 9 DRAFT 39 • There was one member of the public, who did not introduce themselves, that had 40 concerns about wildlife and the environment. The Town Planner addressed these 41 concerns. 42 • The fence will not be in the state Right of Way, and it will not impede the view of traffic. 43 44 Motion to Close the Public Hearing for 2 Beach Rd at 6:43 pm. 45 Motioned by: Jack Young Seconded by: Susan Tabrizi (Motion Carried) 46 47 AREA VARIANCE FINDINGS AND DECISION 48 TOWN OF LANSING ZONING BOARD OF APPEALS 49 50 BACKGROUND INFORMATION 51 Applicant and Owner: Variance No: 22-02 52 Erin Worsell and Derek Osborne Zoning District: B1 53 2 Beach Road Public Hearing Published on: 6/7/22 54 Lansing, NY 600' Notices Mailed: 6/6/22 55 56 Property Location: 2 Beach Road 57 Tax Parcel #: 31.-2-4 58 59 Requirement for which Area Variances are requested: Town of Lansing Zoning Law § 270-11, 60 Permission to Frontage,Yard, Height and Coverage Requirements 61 62 RESOLUTION AND FINDINGS 63 64 WHEREAS, Erin Worsell and Derek Osborne,Applicants and Owners of 2 Beach Road,Tax Parcel No. 65 31.-2-4 located in the Mixed Use — B1 Zone applied for an Area Variance from Town of Lansing 66 Zoning Law § 270-24 A., Fences and Walls, to construct approximately 146 feet of eight foot high fence 67 where six feet in height is the maximum permitted; and 68 69 WHEREAS, on 14 June 2022 the Town of Lansing Zoning Board of Appeals (the "ZBA")thoroughly 70 reviewed and analyzed: (i) the information and evidence submitted by the applicant in support 71 of the requested area variance; (ii) all other information and materials properly before the ZBA; 72 and (iii) the issues and impacts raised for consideration by neighbors, the public, and the ZBA; 73 and 74 75 WHEREAS, this application is classified as a Type II Action under 6 NYCRR 617.5(c)(12), 76 (construction, expansion or placement of minor accessory/appurtenant residential structures, 77 including garages, carports, patios, decks, swimming pools, tennis courts, satellite dishes, 78 fences, barns, storage sheds or other buildings not changing land use or density), such that no 79 further environmental review is required, nor does this matter require a GML Section 239 80 review; so, upon due deliberation upon the foregoing, the application, and all evidence and 81 testimony presented to the ZBA, 82 Page 2 of 9 83 NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 84 85 1.The Town of Lansing Zoning Board of Appeals ("ZBA") hereby makes the following findings with 86 respect to the specific criteria for area variances as set forth in Town Law§ 267-b(3)(b), and other 87 applicable provisions of law and of the Zoning Ordinance: 88 a. Whether an undesirable change will be produced in the character of the neighborhood or a 89 detriment to nearby properties will be created by the granting of the area variance? 90 91 Yes _ No x Findings: The Zoning Board of Appeals finds that the applicant is installing 92 a professional fence that will be attractive and have longevity. 93 94 b. Whether the benefit sought by the applicant can be achieved by some method, feasible for 95 the applicant to pursue, other than an area variance? 96 97 Yes _ No x Findings: The Zoning Board of Appeals finds that the applicant has done 98 due diligence by attempting to use a natural buffer several times. A six-foot fence does not 99 achieve the desired goal. 100 101 c. Whether the requested area variance is substantial? 102 103 Yes _ No x Findings: The Zoning Board of Appeals finds that the request of an eight- 104 foot fence is not substantial. 105 106 d. Whether the proposed variance will have an adverse effect or impact on 107 the physical or environmental conditions in the neighborhood or district? 108 109 Yes _ No x Findings: The Zoning Board of Appeals finds that there would be no 110 environmental impact. As 8' deer fencing, as defined in the town zoning code, is allowed, 111 permitting a privacy fence would only have an aesthetic impact. 112 e. Whether the alleged difficulty was self-created? 113 114 Yes x No _ Findings: The Zoning Board of Appeals finds that this difficulty is self- 115 created, as the applicant simply wants the fence to be taller. 116 117 2. DETERMINATION BASED ON THE ABOVE FACTORS (choose one): 118 119 It is hereby determined by the Town of Lansing Zoning Board of Appeals (the "ZBA") that the 120 following area variance is GRANTED, with any conditions hereafter stated (if any), it being 121 further found and determined that (i) the benefit to the applicant outweighs any potential 122 negative impacts or detriment to the neighborhood or community; and (ii) such area variance is 123 the minimum necessary as adequate to grant relief and, at the same time, preserve and protect 124 the character of the neighborhood and the safety and welfare of the community. 125 Page 3 of 9 DRAFT 126 DESCRIPTION OF SPECIFIC VARIANCES GRANTED: Area Variance under 270-24 A., Fences and 127 Walls, to construct approximately 146 linear feet of eight-foot-high fence where six feet in 128 height is the maximum permitted. 129 130 ARE CONDITIONS IMPOSED WITH RESPECT TO THE AREA VARIANCES AS GRANTED? 131 Yes _ No x 132 133 134 THE VOTE ON THE FOREGOING DECISION, DETERMINATIONS,AND RESOLUTION OF THE TOWN 135 OF LANSING ZONING BOARD OF APPEALS WAS AS FOLLOWS: 136 137 Motion by: Mary Stoe 138 Seconded by: Rick Hayes 139 140 Richard Hayes— Aye 141 Mary Stoe— Aye 142 Susan Tabrizi—Aye 143 Jack Young— Aye 144 Judy Drake—Aye 145 146 Dated: 14 June 2022 147 148 PUBLIC HEARING: Consideration of an Appeal made by Mark Armstrong, owner of 233 Asbury 149 Road; Tax Parcel No. 38.4-20, located in the Low Density Residential — R1 Zoning District. The 150 applicant is proposing to construct an approximately six foot porch in the front yard, 55' and 9" 151 from the center line of the road, where 60' is required. The applicant is applying for an Area 152 Variance from Town of Lansing Zoning Law § 270-11, Schedule II: Area, Frontage, Yard, Height 153 and Coverage Requirements. This is a Type II Action under the State Environmental Quality 154 Review Act 6 NYCRR 617.5(c)(16), granting of individual setback and lot line variances and 155 adjustments. 156 157 Motion to Open the Public Hearing for 233 Asbury Rd at 6:52 pm. 158 Motioned by: Susan Tabrizi Seconded by: Rick Hayes (Motion Carried) 159 160 Summary of Discussion: 161 • Mark Armstrong was present to discuss this project. 162 • The current structure is rotting and fills with water and ice during the winter. 163 164 Motion to Close the Public Hearing for 233 Asbury Rd at 6:58 pm. 165 Motioned by: Rick Hayes Seconded by: Jack Young (Motion Carried) 166 167 AREA VARIANCE FINDINGS AND DECISION 168 TOWN OF LANSING ZONING BOARD OF APPEALS 169 Page 4 of 9 DRAFT 170 BACKGROUND INFORMATION 171 Applicant and Owner: Variance No: 22-03 172 Mark Armstrong Zoning District: R1 173 233 Asbury Road Public Hearing Published on: 6/7/22 174 Lansing, NY 600' Notices Mailed: 6/6/22 175 176 Property Location: 233 Asbury Rd 177 Tax Parcel #: 38.-1-20 178 179 180 Requirement for which Area Variances are requested: Town of Lansing Zoning Law § 270-11, 181 Permission to Frontage,Yard, Height and Coverage Requirements 182 183 RESOLUTION AND FINDINGS 184 185 WHEREAS, Mark Armstrong, Applicant and Owner of 233 Asbury Road, Tax Parcel No. 38.-1-20 186 located in the Low Density Residential — R1 Zone applied for an Area Variance from Town of 187 Lansing Zoning Law § 270-11, to construct an approximately six foot long porch in the front yard, 55' 188 and 9"from the center line of the road, where 60' is required 189 190 WHEREAS, on 14 June 2022 the Town of Lansing Zoning Board of Appeals (the "ZBA")thoroughly 191 reviewed and analyzed: (i) the information and evidence submitted by the applicant in support 192 of the requested area variance; (ii) all other information and materials properly before the ZBA; 193 and (iii) the issues and impacts raised for consideration by neighbors, the public, and the ZBA; 194 and 195 196 WHEREAS, this application is classified as a Type II Action under 6 NYCRR Part 617.5(c)(16), 197 granting of individual setback and lot line variances and adjustments, such that no further 198 environmental review is required, nor does this matter require a GML Section 239 review; so, 199 upon due deliberation upon the foregoing, the application, and all evidence and testimony 200 presented to the ZBA, 201 202 NOW,THEREFORE, BE IT RESOLVED AS FOLLOWS: 203 204 1.The Town of Lansing Zoning Board of Appeals("ZBA") hereby makes the following findings with 205 respect to the specific criteria for area variances as set forth in Town Law§267-b(3)(b), and other 206 applicable provisions of law and of the Zoning Ordinance: 207 a. Whether an undesirable change will be produced in the character of the neighborhood or a 208 detriment to nearby properties will be created by the granting of the area variance? 209 210 Yes _ No x Findings: The Zoning Board of Appeals finds that there would not be a 211 change in character or a detriment to the neighborhood. 212 Page 5 of 9 213 b. Whether the benefit sought by the applicant can be achieved by some method, feasible for 214 the applicant to pursue, other than an area variance? 215 216 Yes _ No x Findings:The Zoning Board of Appeals finds that this is a standard structure 217 for the front of a house. 218 219 c. Whether the requested area variance is substantial? 220 221 Yes _ No x Findings: The Zoning Board of Appeals finds that this is a small request. 222 223 d. Whether the proposed variance will have an adverse effect or impact on 224 the physical or environmental conditions in the neighborhood or district? 225 226 Yes _ No x Findings: The Zoning Board of Appeals finds that there will be no impact. 227 228 e. Whether the alleged difficulty was self-created? 229 230 Yes x No _ Findings:The Zoning Board of Appeals finds that this is self-created simply 231 because they want to add this porch to the structure. 232 233 2. DETERMINATION BASED ON THE ABOVE FACTORS (choose one): 234 235 It is hereby determined by the Town of Lansing Zoning Board of Appeals (the "ZBA") that the 236 following area variance is GRANTED, with any conditions hereafter stated (if any), it being 237 further found and determined that (i) the benefit to the applicant outweighs any potential 238 negative impacts or detriment to the neighborhood or community; and (ii) such area variance is 239 the minimum necessary as adequate to grant relief and, at the same time, preserve and protect 240 the character of the neighborhood and the safety and welfare of the community. 241 242 DESCRIPTION OF SPECIFIC VARIANCES GRANTED: Area Variance under 270-11 (Frontage,Yard, 243 Height and Coverage Requirements) to permit the construction of an approximately six foot 244 long porch in the front yard, 55' and 9" from the center line of the road, where 60' is required 245 246 ARE CONDITIONS IMPOSED WITH RESPECT TO THE AREA VARIANCES AS GRANTED? 247 Yes _ No x 248 249 250 THE VOTE ON THE FOREGOING DECISION, DETERMINATIONS,AND RESOLUTION OF THE TOWN 251 OF LANSING ZONING BOARD OF APPEALS WAS AS FOLLOWS: 252 253 Motion by: Susan Tabrizi 254 Seconded by: Mary Stoe 255 256 Richard Hayes— Aye Page 6 of 9 DRAFT 257 Mary Stoe— Aye 258 Susan Tabrizi—Aye 259 Jack Young— Aye 260 Judy Drake—Aye 261 262 Dated: 14 June 2022 263 264 PUBLIC HEARING: Consideration of an Appeal made by Robert Sterling, owner of 1184 East 265 Shore Drive; Tax Parcel No. 48.-1-10, located in the Lakeshore— L1 Zoning District. The 266 applicant is proposing to construct a 10' x 20' in the side yard, 18" from the side yard line, 267 where 10' is required. The applicant is applying for an Area Variance from Town of Lansing 268 Zoning Law § 270-11, Schedule II: Area, Frontage, Yard, Height and Coverage Requirements. 269 This is a Type II Action under the State Environmental Quality Review Act 6 NYCRR 617.5(c)(16), 270 granting of individual setback and lot line variances and adjustments. 271 272 Motion to Open the Public Hearing for 1184 East Shore Dr at 7:04 pm. 273 Motioned by: Rick Hayes Seconded by: Susan Tabrizi (Motion Carried) 274 275 Summary of Discussion: 276 • Holly Hamilton was present to discuss this project. 277 • The property will not have a garage or basement, so they need storage space. 278 • There is a duplex on the property, as well as the septic system. This creates very limited 279 available space. 280 • There is a similar structure on the neighboring property that is similarly close to the 281 property line. 282 • There is a chain link fence between the two properties. 283 284 Motion to Close the Public Hearing for 1184 East Shore Dr at 7:09 pm. 285 Motioned by: Jack Young Seconded by: Rick Hayes (Motion Carried) 286 287 AREA VARIANCE FINDINGS AND DECISION 288 TOWN OF LANSING ZONING BOARD OF APPEALS 289 290 BACKGROUND INFORMATION 291 Applicant and Owner: Variance No: 22-04 292 Robert Sterling Zoning District: L1 293 1184 East Shore Road Public Hearing Published on: 6/7/2022 294 Lansing, NY 600' Notices Mailed: 6/6/2022 295 296 Property Location: 1184 East Shore Road 297 Tax Parcel #: 48.-1-10 298 299 Requirement for which Area Variances are requested: Town of Lansing Zoning Law § 270-11, 300 Permission to Frontage,Yard, Height and Coverage Requirements Page 7 of 9 DRAFT 301 302 RESOLUTION AND FINDINGS 303 304 WHEREAS, Robert Sterling, Applicant and Owner of 1184 East Shore Road, Tax Parcel No. 48.-1- 305 10 located in the Lakeshore— L1 Zone applied for an Area Variance from Town of Lansing Zoning 306 Law § 270-11, Schedule II:Area, Frontage, Yard, Height and Coverage Requirements,to construct a 10'x 307 20' shed in the side yard, 18 inches from the side yard line, where 10' is required, ;and 308 309 WHEREAS, on 14 June 2022 the Town of Lansing Zoning Board of Appeals (the "ZBA")thoroughly 310 reviewed and analyzed: (i) the information and evidence submitted by the applicant in support 311 of the requested area variance; (ii) all other information and materials properly before the ZBA; 312 and (iii) the issues and impacts raised for consideration by neighbors, the public, and the ZBA; 313 and 314 315 WHEREAS, this application is classified as a Type II Action under NYCRR 617.5(c)(16), granting of 316 individual setback and lot line variances and adjustments, such that no further environmental review 317 is required, nor does this matter require a GML Section 239 review; so, upon due deliberation 318 upon the foregoing, the application, and all evidence and testimony presented to the ZBA, 319 320 NOW,THEREFORE, BE IT RESOLVED AS FOLLOWS: 321 322 1.The Town of Lansing Zoning Board of Appeals("ZBA") hereby makes the following findings with 323 respect to the specific criteria for area variances as set forth in Town Law§267-b(3)(b), and other 324 applicable provisions of law and of the Zoning Ordinance: 325 a. Whether an undesirable change will be produced in the character of the neighborhood or a 326 detriment to nearby properties will be created by the granting of the area variance? 327 328 Yes _ No x Findings: The Zoning Board of Appeals finds that the shorter distance from 329 property lines is standard for the neighborhood. 330 331 b. Whether the benefit sought by the applicant can be achieved by some method, feasible for 332 the applicant to pursue, other than an area variance? 333 334 Yes _ No x Findings: The Zoning Board of Appeals finds that the proposed location 335 for the structure is the best fit for this property in relation to the other structures and the septic. 336 337 c. Whether the requested area variance is substantial? 338 339 Yes x No Findings: The Zoning Board of Appeals finds that this is a substantial 340 request, but is warranted due to the character of the neighborhood. 341 342 d. Whether the proposed variance will have an adverse effect or impact on 343 the physical or environmental conditions in the neighborhood or district? 344 Page 8 of 9 345 Yes _ No x Findings: The Zoning Board of Appeals finds that there would be no 346 impact. 347 348 e. Whether the alleged difficulty was self-created? 349 350 Yes x No _ Findings:The Zoning Board of Appeals finds that this is self-created simply 351 because they want a shed in that location. 352 353 2. DETERMINATION BASED ON THE ABOVE FACTORS (choose one): 354 355 It is hereby determined by the Town of Lansing Zoning Board of Appeals (the "ZBA") that the 356 following area variance is GRANTED, with any conditions hereafter stated (if any), it being 357 further found and determined that (i) the benefit to the applicant outweighs any potential 358 negative impacts or detriment to the neighborhood or community; and (ii) such area variance is 359 the minimum necessary as adequate to grant relief and, at the same time, preserve and protect 360 the character of the neighborhood and the safety and welfare of the community. 361 362 DESCRIPTION OF SPECIFIC VARIANCES GRANTED: Area Variance under 270-11, Schedule II: 363 Area, Frontage, Yard, Height and Coverage Requirements, to construct a 10' x 20' shed in the 364 side yard, 18 inches from the side yard line, where 10' is required, 365 366 ARE CONDITIONS IMPOSED WITH RESPECT TO THE AREA VARIANCES AS GRANTED? 367 Yes x No 368 369 STATEMENT OF CONDITIONS: 370 1. The structure be no taller than 12 feet. 371 372 THE VOTE ON THE FOREGOING DECISION, DETERMINATIONS,AND RESOLUTION OF THE TOWN 373 OF LANSING ZONING BOARD OF APPEALS WAS AS FOLLOWS: 374 375 Motion by: Mary Stoe 376 Seconded by: Rick Hayes 377 378 Richard Hayes— Aye 379 Mary Stoe — Aye 380 Susan Tabrizi —Aye 381 Jack Young— Aye 382 Judy Drake —Aye 383 384 Dated: 14 June 2022 385 386 Chair Judy Drake adjourned meeting at 7:25 PM 387 388 Minutes taken and executed by Heather Dries Page 9 of 9