HomeMy WebLinkAbout2022-09-13 ZBA Minutes I Town of Lansing
2 Zoning Board of Appeals Meeting
3 Tuesday, September 13, 2022 6:30 PM
4 Library Community Board 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 Bronwyn Losey, Councilmember
15
16 Public Present
17 Matthew Poole
18
19 General Business
20 Chair Judy Drake opened the meeting at 6:30pm.
21
22 PUBLIC HEARING: Rehearing of an Appeal made by Amy Newman and Eric Clay on behalf of
23 Newman-Clay Revocable Trust, 281 Bill George Rd; Tax Parcel No. 24.-4-2, located in the
24 Lakeshore - LI (with lake frontage) Zoning District. The applicant was granted a variance on Oct
25 12, 2021 to demolish an existing shed and to construct a 10' x 10 accessory building at the same
26 location. The accessory building was proposed to extend 2' to the South from the existing
27 footprint. The applicant is requesting to modify the condition of approval which required
28 substantial construction to begin within one year of the variance's issuance. This is an Unlisted
29 Action under the State Environmental Quality Review Act 6 NYCRR 617.5(c)(16) and 6 NYCRR
30 617.S(c)(17).
31
32 Motion to Open the Public Hearing for 166 Ludlowville Rd at 6:32 pm.
33 Motioned by: Jack Young Seconded by: Mary Stoe All in Favor (Motion Carried)
34
35 Summary of Discussion:
36 • Matthew Poole, Applicant and Owner, was present to discuss this request.
37 • Applicant stated the shed will be used for basic storage needs; a fence will be installed
38 around the back of the property which will buffer the view of the shed.
39 • The location of the septic prevents the applicant from placing the shed anywhere else
40 on the property.
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41
42 Motion to Close the Public Hearing for Ludlowville Rd at 6:36 pm.
43 Motioned by: Rick Hayes Seconded by: Susan Tabrizi (Motion Carried)
44 AREA VARIANCE FINDINGS AND DECISION
45 TOWN OF LANSING ZONING BOARD OF APPEALS
46
47 BACKGROUND INFORMATION
48
49 Applicant and Owner:
50 Matthew Poole
51 166 Ludlowville Road Variance No: 22-06
52 Lansing, NY 14882 Zoning District: R2
53 Public Hearing Published on: 9/7/22
54 Property Location: 166 Ludlowville Rd 600' Notices Mailed: 9/7/22
55 Tax Parcel #: 26.-5.12
56
57
58 Requirement for which Area Variances are requested: Town of Lansing Zoning Law § 270-11,
59 Permission to Frontage,Yard, Height and Coverage Requirements
60
61 RESOLUTION AND FINDINGS
62
63 WHEREAS, Matthew Poole, Applicant and Owner of 166 Ludlowville Rd, Tax Parcel No. 26.-5.12,
64 located in the Moderate Density Residential — R2 Zone applied for an Area Variance from Town
65 of Lansing Zoning Law § 270-11, to construct a 10' x 16' accessory 3 feet from the side and rear yard
66 lines, where 10 feet is required.
67
68 WHEREAS, on 13 September 2022 the Town of Lansing Zoning Board of Appeals (the "ZBA")
69 thoroughly reviewed and analyzed: (i) the information and evidence submitted by the applicant
70 in support of the requested area variance; (ii) all other information and materials properly before
71 the ZBA; and (iii) the issues and impacts raised for consideration by neighbors, the public, and
72 the ZBA; and
73
74 WHEREAS, this application is classified as a Type II Action under 6 NYCRR Part 617.5(c)(16),
75 granting of individual setback and lot line variances and adjustments, such that no further
76 environmental review is required, nor does this matter require a GML Section 239 review; so,
77 upon due deliberation upon the foregoing, the application, and all evidence and testimony
78 presented to the ZBA,
79
80 NOW,THEREFORE, BE IT RESOLVED AS FOLLOWS:
81
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82 1.The Town of Lansing Zoning Board of Appeals ("ZBA") hereby makes the following findings with
83 respect to the specific criteria for area variances as set forth in Town Law§ 267-b(3)(b), and other
84 applicable provisions of law and of the Zoning Ordinance:
85 a. Whether an undesirable change will be produced in the character of the neighborhood or a
86 detriment to nearby properties will be created by the granting of the area variance?
87
88 Yes _ No x Findings: The Zoning Board of Appeals finds that the lot is small and this
89 structure will fit with the character of that neighborhood.
90
91 b. Whether the benefit sought by the applicant can be achieved by some method, feasible for
92 the applicant to pursue, other than an area variance?
93
94 Yes _ No x Findings: The Zoning Board of Appeals finds that this is a small lot and
95 other configurations would not work due to the septic placement.
96
97 c. Whether the requested area variance is substantial?
98
99 Yes x No Findings: The Zoning Board of Appeals finds that a 70% request is
100 substantial, however it is mitigated by other factors.
101
102 d. Whether the proposed variance will have an adverse effect or impact on
103 the physical or environmental conditions in the neighborhood or district?
104
105 Yes _ No x Findings: The Zoning board of Appeals finds that the addition of the
106 fence will reduce the visual impact.
107
108 e. Whether the alleged difficulty was self-created?
109
110 Yes No x Findings: The Zoning Board of Appeals finds that this is an extremely
111 small lot and there is no other configuration that would work considering the septic.
112
113 2. DETERMINATION BASED ON THE ABOVE FACTORS (choose one):
114
115 It is hereby determined by the Town of Lansing Zoning Board of Appeals (the "ZBA") that the
116 following area variance is GRANTED, with any conditions hereafter stated (if any), it being
117 further found and determined that (i) the benefit to the applicant outweighs any potential
118 negative impacts or detriment to the neighborhood or community; and (ii) such area variance is
119 the minimum necessary as adequate to grant relief and, at the same time, preserve and protect
120 the character of the neighborhood and the safety and welfare of the community.
121
122 DESCRIPTION OF SPECIFIC VARIANCES GRANTED: Area Variance under 270-11 (Frontage,Yard,
123 Height and Coverage Requirements to construct a 10' x 16' accessory 3 feet from the side and
124 rear yard lines, where 10 feet is required.
125
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126 ARE CONDITIONS IMPOSED WITH RESPECT TO THE AREA VARIANCES AS GRANTED?
127 Yes _ No x
128
129 STATEMENT OF CONDITIONS:
130
131 THE VOTE ON THE FOREGOING DECISION, DETERMINATIONS,AND RESOLUTION OF THE TOWN
132 OF LANSING ZONING BOARD OF APPEALS WAS AS FOLLOWS:
133
134 Motion by: Richard Hayes
135 Seconded by: Susan Tabrizi
136
137 Richard Hayes— Aye
138 Mary Stoe — Aye
139 Susan Tabrizi —Aye
140 Jack Young— Aye
141 Judy Drake —Aye
142
143 Dated: 13 September 2022
144
145
146 Chair Judy Drake adjourned meeting at 6:45 PM
147
148 Minutes taken and executed by Heather Dries
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