HomeMy WebLinkAbout02-14-24 ZBA MinutesI Town of Lansing
2 Zoning Board of Appeals Meeting
3 Wednesday, February 14, 2024 6:30 PM
4 Lansing Town Hall, 29 Auburn Rd
Present Excused
Jack Young, Chair
Rick Hayes
Mary Stoe
Susan Tabrizi
Other Staff Present
John Zepko, Acting Director of Planning
Kelly Geiger, Planning Clerk
Mason Molesso, Planner
Judy Drake, Town Board Liaison
Public Present
Jon Lucente, Tracy Brady, Jeff Barber, Jean Barber, Greg Mezey, Emily Barber, Dave Heck
Chair Jack Young opened the meeting at 6:30pm
Action Items:
Project: Area Variance
Applicant: Jeffrey Barber, owner
Location: 2 Ladoga Park Rd, Tax Parcel No. 33.-1-43
Project Description: The applicant applied for an Area Variance from Town of Lansing Zoning
Law § 270-11, Schedule II: Area, Frontage, Yard, Height and Coverage Requirements, to construct
a 56' x 30' garage. The following variances are requested: front yard (east), 14.8 feet where 60
feet is required; and rear (southwest), 5.3 feet, where 10 feet is required.
The project is within the L1 — Lakeshore Zone.
SEQR: This is a Type II action requiring no further SEQR review
Anticipated Action: Review of the application and Determination
Summary of Discussion:
• Jeff and Jean Barber were present to discuss this project.
• The applicant discussed the reason for the need of the variance, location, direction,
dimensions, and the purpose of the project.
• Dave Heck presented concerns regarding the size of the build
• The Zoning Board Granted the area variance with the following condition of approval:
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43 To provide a basic erosion and sediment control plan to protect surface waters during
44 construction Prior to the issuance of a building permit.
45
46 ZBA RESOLUTION: 24-01
47
48 AREA VARIANCE FINDINGS AND DECISION
49 TOWN OF LANSING ZONING BOARD OF APP&
50
51 BACKGROUND INFORMATION
52
53 Applicant and Owner:
54 Jeff Barber
55 2 Ladoga Park Road
56 Lansing, NY 14882
57
58 Variance No: 24-01
59 Zoning District: L1
60 Public Hearing Published on: 12/22/23
61 600' Notices Mailed: 12/22/23
62
63 Property Location: 2 Ladoga Park Road
64 Tax Parcel #: 33.-1-43
65
66 Requirement for which Area Variances are requested: Town of Lansing Zoning Law § 270-11
67 Schedule II, Frontage, Yard, Height and Coverage Requirements
68
69 RESOLUTION AND FINDINGS
70
71 WHEREAS, Jeff Barber, Applicant and Owner of 2 Ladoga Park Road, Tax Parcel No. 33.-1-43,
72 located in the Lakeshore — L1 Zone, applied for an Area Variance from Town of Lansing Zoning
73 Law § 270-11, Schedule II: Area, Frontage, Yard, Height and Coverage Requirements, to construct
74 a 56' x 30' garage. The following variances are requested: front yard (east), 14.8 feet where 60
75 feet is required; and rear (southwest), 5.3 feet, where 10 feet is required.
76
77 WHEREAS, on 14 February 2024 the Town of Lansing Zoning Board of Appeals (the "ZBA")
78 thoroughly reviewed and analyzed: (i) the information and evidence submitted by the applicant in
79 support of the requested area variance; (ii) all other information and materials properly before the
80 ZBA; and (iii) the issues and impacts raised for consideration by neighbors, the public, and the
81 ZBA; and
82
83 WHEREAS, this application is classified as a Type II Action under 6 NYCRR 617.5(c)(12),
84 (construction, expansion or placement of minor accessory/appurtenant residential structures,
85 including garages, carports, patios, decks, swimming pools, tennis courts, satellite dishes, fences,
86 barns, storage sheds or other buildings not changing land use or density), such that no further
87 environmental review is required, nor does this matter require a GML Section 239 review; so,
88 upon due deliberation upon the foregoing, the application, and all evidence and testimony
89 presented to the ZBA,
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NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. The Town of Lansing Zoning Board of Appeals ("ZBA") hereby makes the following findings
with respect to the specific criteria for area variances as set forth in Town Law § 267-b(3)(b), and
other applicable provisions of law and of the Zoning Ordinance:
a. Whether an undesirable change will be produced in the character of the neighborhood or
a detriment to nearby properties will be created by the granting of the area variance?
Yes No X Findings:
b. Whether the benefit sought by the applicant can be achieved by some method, feasible for
the applicant to pursue, other than an area variance?
Yes No _X_ Findings:
c. Whether the requested area variance is substantial?
Yes _X No Findings:
d. Whether the proposed variance will have an adverse effect or impact on
the physical or environmental conditions in the neighborhood or district?
Yes No X Findings:
e. Whether the alleged difficulty was self-created?
Yes X_ No Findings:
2. DETERMINATION BASED ON THE ABOVE FACTORS (choose one):
It is hereby determined by the Town of Lansing Zoning Board of Appeals (the "ZBA") that the
following area variance is GRANTED, with any conditions hereafter stated (if any), it being
further found and determined that (i) the benefit to the applicant outweighs any potential
negative impacts or detriment to the neighborhood or community; and (ii) such area variance is
the minimum necessary as adequate to grant relief and, at the same time, preserve and protect the
character of the neighborhood and the safety and welfare of the community.
DESCRIPTION OF SPECIFIC VARIANCES GRANTED: § 270-11, Schedule II: Area,
Frontage, Yard, Height and Coverage Requirements, to construct a 56' x 30' garage. The following
variances are requested: front yard (east), 14.8 feet where 60 feet is required; and rear (southwest),
5.3 feet, where 10 feet is required.
ARE CONDITIONS IMPOSED WITH RESPECT TO THE AREA VARIANCES AS
GRANTED?
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Yes _X_ No
STATEMENT OF CONDITIONS: Prior to the issuance of a building permit the applicant will
provide a basic erosion and sediment control plan to protect surface waters during
construction. The erosional and sediment control plan shall be approved by the Department of
Planning & Code Enforcement
THE VOTE ON THE FOREGOING DECISION, DETERMINATIONS, AND RESOLUTION OF
THE TOWN OF LANSING ZONING BOARD OF APPEALS WAS AS FOLLOWS:
Motion by: Rick Hayes
Seconded by: Susan Tabrizi
Richard Hayes — Aye
Mary Stoe — Aye
Susan Tabrizi — Aye
Jack Young — Aye
Dated: 14 February 2024
Proiect: Area Variance
Applicant: Jon Lucente, owner
Location: 40 Sun Path Road, TPN 42.-1-2.28
Project Description: The applicant is applying for one variance from Town of Lansing Zoning
Law 5 270-11, Schedule II: Area, Frontage, Yard, Height, and Coverage Requirements, to keep an
existing deck. The following variance is requested: side (east), 0 feet, where 15 feet is required. The
project is within the R1 Zone.
SEQR: This is a Type II action requiring no further SEQR review
Anticipated Action: Public Hearing; review of the application
Summary of Discussion:
• Jon Lucente and Tracy were present to discuss this project.
• The applicant discussed the reason for the need of the variance, location, direction,
dimensions, and the purpose of the project.
• The Zoning Board discussed Easement vs. Encroachment
• The Zoning Board Granted the area variance, no conditions imposed
Motion to Oven the Public Hearing for 40 Sun Path Rd at 6:59vm.
Moved by: Susan Tabrizi Seconded by: Rick Hayes (Motion Carried)
Motion to Close the Public Hearing for 40 Sun Path Rd at 7:00 vm.
Moved by: Mary Stoe Seconded by: Susan Tabrizi (Motion Carried)
Page 4 of 7
ZBA RESOLUTION: 24-01
AREA VARIANCE FINDINGS AND DECISION
TOWN OF LANSING ZONING BOARD OF APPEALS
BACKGROUND INFORMATION
Applicant and Owner:
Jon Lucente
40 Sun Path Road
Lansing, NY 14850
Variance No: 24-02
Zoning District: R1
Public Hearing Published on: 2/5/24
600' Notices Mailed: 2/1/24
Property Location: 40 Sun Path Road
Tax Parcel #: 42.-1-2.28
Requirement for which Area Variances are requested: Town of Lansing Zoning Law § 270-11
Schedule II, Frontage, Yard, Height and Coverage Requirements
RESOLUTION AND FINDINGS
WHEREAS, Jon Lucente, Applicant and Owner of 40 Sun Path Road, Tax Parcel No. 42.-1-2.28,
located in the R1 Zone, applied for an Area Variance from Town of Lansing Zoning Law § 270-11,
Schedule II: Area, Frontage, Yard, Height, and Coverage Requirements, to keep an existing deck. The
following variance is requested: side (east), 0 feet, where 15 feet is required. The project is within the
R1 Zone.
WHEREAS, on 14 February 2024 the Town of Lansing Zoning Board of Appeals (the "ZBA")
thoroughly reviewed and analyzed: (i) the information and evidence submitted by the applicant in
support of the requested area variance; (ii) all other information and materials properly before the
ZBA; and (iii) the issues and impacts raised for consideration by neighbors, the public, and the ZBA;
and
WHEREAS, this application is classified as a Type II Action under 6 NYCRR 617.5(c)(12),
(construction, expansion or placement of minor accessory/appurtenant residential structures,
including garages, carports, patios, decks, swimming pools, tennis courts, satellite dishes, fences,
barns, storage sheds or other buildings not changing land use or density), such that no further
environmental review is required, nor does this matter require a GN L Section 239 review; so, upon
due deliberation upon the foregoing, the application, and all evidence and testimony presented to
the ZBA,
Page 5 of 7
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. The Town of Lansing Zoning Board of Appeals ("ZBA") hereby makes the following findings with
respect to the specific criteria for area variances as set forth in Town Law § 267-b(3)(b), and other
applicable provisions of law and of the Zoning Ordinance:
a. Whether an undesirable change will be produced in the character of the neighborhood or a
detriment to nearby properties will be created by the granting of the area variance?
Yes No _ X_ Findings:
b. Whether the benefit sought by the applicant can be achieved by some method, feasible for
the applicant to pursue, other than an area variance?
Yes No _X Findings:
c. Whether the requested area variance is substantial?
Yes _X_ No Findings:
d. Whether the proposed variance will have an adverse effect or impact on
the physical or environmental conditions in the neighborhood or district?
Yes No _X_ Findings:
e. Whether the alleged difficulty was self-created?
Yes _ X_ No Findings:
2. DETERMINATION BASED ON THE ABOVE FACTORS (choose one):
It is hereby determined by the Town of Lansing Zoning Board of Appeals (the "ZBA") that the
following area variance is GRANTED, with any conditions hereafter stated (if any), it being further
found and determined that (i) the benefit to the applicant outweighs any potential negative impacts
or detriment to the neighborhood or community; and (ii) such area variance is the minimum
necessary as adequate to grant relief and, at the same time, preserve and protect the character of the
neighborhood and the safety and welfare of the community.
DESCRIPTION OF SPECIFIC VARIANCES GRANTED: Variance from § 270-11, Schedule
II: Area, Frontage, Yard, Height and Coverage Requirements, to keep an existing deck. The following
variance is requested: side (east), 0 feet, where 15 feet is required. The project is within the R1 Zone.
ARE CONDITIONS IMPOSED WITH RESPECT TO THE AREA VARIANCES AS
GRANTED?
Yes No X
STATEMENT OF CONDITIONS:
Page 6 of 7
278
279 THE VOTE ON THE FOREGOING DECISION, DETERMINATIONS, AND
280 RESOLUTION OF THE TOWN OF LANSING ZONING BOARD OF APPEALS WAS AS
281 FOLLOWS:
282
283 Motion by: Mary Stoe
284 Seconded by: Rick Hayes
285
286 Rick Hayes — Aye
287 Mary Stoe — Aye
288 Susan Tabrizi — Aye
289 Jack Young — Aye
290
291 Dated: 14 February 2024
292
293
294 Chair Jack Young adjourned meeting at 7:04 PM
295
296 Minutes taken and executed by Kelly Geiger
297
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