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HomeMy WebLinkAbout05-8-24 ZBA MinutesTown of Lansing Zoning Board of Appeals Meeting Wednesday, May 8, 2024 6:30 PM Lansing Town Hall, 29 Auburn Rd Present Jack Young, Chair Mary Stoe Susan Tabrizi Bruce Barber Roger VandePoel Other Staff Present John Zepko, Acting Director of Planning Kelly Geiger, Planning Clerk Mason Molesso, Planner Judy Drake, Liaison Guy Krogh Public Present Skip Hardie Holly Hardie John Guo Kristin Bartholomew Greg Mezey Richard Warkentin Jean Barber Gary Bortz Beverly Bortz Jason Demerest David Lincoln Stacy Holstein Lillian Babcock Brenda Zavaski Alicia Stoklosa Melissa Melko Mollie Messenger Chair Jack Young opened the meeting at 6:36pm Action Items: Page 1 of 9 Excused Rick Hayes Proiect: Construction of new 16' x 30' garage and 12' x 24' car port. Applicant: John Guo, owner Location: 2608 N Triphammer Road, TNP 42.-1-42 Project Description: The applicant is applying for two (2) area variances from Town of Lansing Zoning Law § 270-11, Schedule II: Area, Frontage, Yard, Height, and Coverage Requirements: (1) front yard setback of 60' where 80' is required and (2) front yard setback of 60' where 80' is required. This property is located in the R2 Zoning district. SEQR: This action is classified as being Type II under SEQR and requires no further review. Anticipated Action: review of the application, public hearing, final decision/conditions Summary of Discussion: • John Guo was 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. • Board Approved Project Motion to Open the Public Hearing for 2608 N Triphammer Rd at 6:40pm. Moved by: Bruce Barber Seconded by: Mary Stoe (Motion Carried) Motion to Close the Public Hearing for 2608 N Triphammer Rd at 6:47 pm. Moved by: Mary Stoe Seconded by: Susan Tabrizi (Motion Carried) Variance No: 24-04 Zoning District: R2 Public Hearing Published on: 4/22/24 600' Notices Mailed: 4/4/24 AREA VARIANCE FINDINGS AND DECISION TOWN OF LANSING ZONING BOARD OF APPEALS BACKGROUND INFORMATION Applicant: John Guo, owner 2608 N Triphammer Road Lansing, NY 14882 Property Location: 2608 N Triphammer Road Tax Parcel #: 42.-1-42 Page 2 of 9 90 Requirement for which Area Variances are requested: Town of Lansing Zoning Law § 270-11 91 Schedule II, Frontage, Yard, Height, and Coverage Requirements 92 93 RESOLUTION AND FINDINGS 94 95 WHEREAS, John Guo, owner of 2608 N Triphammer Road Tax Parcel No. 42.-1-42 located in the 96 R2 Zone, applied to construct a new 16' x 30' garage and a 12' x 24' car port: Two (2) area 97 variances are requested for relief from Town of Lansing Zoning Law §270-11 Schedule II: Area, 98 Frontage, Yard, Height, and Coverage Requirements for (1) front yard (south/garage) of 60' 99 where 80' is required, and (2) front yard (north/car port) of 60' where 80' is required; and 100 101 WHEREAS, on 8 May 2024 the Town of Lansing Zoning Board of Appeals (the "ZBA") thoroughly 102 reviewed and analyzed: (i) the information and evidence submitted by the applicant in support 103 of the requested area variance; (ii) all other information and materials properly before the ZBA; 104 and (iii) the issues and impacts raised for consideration by neighbors, the public, and the ZBA; 105 and 106 107 WHEREAS, this application is classified as a Type II Action under 6 NYCRR 617.5(c)(12), 108 construction, expansion or placement of minor accessory/appurtenant residential structures, 109 including garages, carports, patios, decks, swimming pools, tennis courts, satellite dishes, 110 fences, barns, storage sheds or other buildings not changing land use or density, such that no 111 further environmental review is required; so, upon due deliberation upon the foregoing, the 112 application, and all evidence and testimony presented to the ZBA. 113 114 NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 115 116 1. The Town of Lansing Zoning Board of Appeals ("ZBA") hereby makes the following findings with 117 respect to the specific criteria for area variances as set forth in Town Law § 267-b(3)(b), and other 118 applicable provisions of law and of the Zoning Ordinance: 119 120 121 a. Whether an undesirable change will be produced in the character of the neighborhood or a 122 detriment to nearby properties will be created by the granting of the area variance? 123 124 Yes No _X_ Findings: 125 126 b. Whether the benefit sought by the applicant can be achieved by some method, feasible for 127 the applicant to pursue, other than an area variance? 128 129 Yes No _X_ Findings: 130 131 132 Page 3 of 9 c. Whether the requested area variance is substantial? Yes No _ X_ 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: Two (2) area variances are requested for relief from Town of Lansing Zoning Law §270-11 Schedule II: Area, Frontage, Yard, Height, and Coverage Requirements for (1) front yard (south/garage) of 60' where 80' is required, and (2) front yard (north/car port) of 60' where 80' is required; and ARE CONDITIONS IMPOSED WITH RESPECT TO THE AREA VARIANCES AS GRANTED? Yes _X_ No STATEMENT OF CONDITIONS: Granting of variance (1-south/garage) conditional pending applicants receival of appropriate NYSDOT curb cut permits. Granting of variance (2-north/carport) requires the carport to not exceed 12'x16'; certificate of compliance will not be issued until shed is verified to be no larger than 12'x16'. THE VOTE ON THE FOREGOING DECISION, DETERMINATIONS, AND RESOLUTION OF THE TOWN OF LANSING ZONING BOARD OF APPEALS WAS AS FOLLOWS: Motion by: Bruce Barber Seconded by: Mary Stoe Page 4 of 9 Bruce Barber (alt) —Aye Richard Hayes —Absent Mary Stoe — Aye Susan Tabrizi —Aye Roger VandePoel — Aye Jack Young — Aye Dated: 8 May 2024 Proiect: Demolition of existing structure and rection of a new 2 story single family dwelling unit. Applicant: Kristin Bartholomew, owner's agent Location: 18 Ladoga Park West, TPN 33.-1-50 Project Description: The applicant is applying for five (5) variances for relief from Town of Lansing Zoning Law § 270-11, Schedule II: Area, Frontage, Yard, Height, and Coverage Requirements: (1) front yard (west) 27.33 feet where 30 feet is required, (2) front yard (south) 14.92 feet where 30 feet is required, (3) rear yard (north) 3.08 feet where 25 feet is required and (4) rear yard (east) 14.46 where 25 feet is required. (5) The minimum open space requirements dictate only 25% max lot coverage whereas applicant seeks 29% coverage (2146 sq ft of a 7350 sq ft lot). This property is located in L1 zoning with lake frontage. SEQR: This action is classified as being Type II under SEQR and requires no further review. Anticipated Action: review of the application, public hearing, final decision / conditions Summary of Discussion: • Kristen Bartholomew was 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. • Board Approved Project Motion to Open the Public Hearing for 18 Ladoga Park West at 6:55um. Moved by: Jack Young Seconded by: Susan Tabrizi (Motion Carried) Motion to Close the Public Hearing for 18 Ladoga Park West at 7:02 pm. Moved by: Mary Stoe Seconded by: Susan Tabrizi (Motion Carried) Page 5 of 9 221 AREA VARIANCE FINDINGS AND DECISION 222 TOWN OF LANSING ZONING BOARD OF APPEALS 223 224 BACKGROUND INFORMATION 225 Variance No: 24-05 226 Applicant: Zoning District: L1 with Lake Frontage 227 Kristen Bartholomew, owner's agent Public Hearing Published on: 4/22/24 228 35 Myers Road 600' Notices Mailed: 4/4/24 229 Lansing, NY 14882 230 231 Property Location: 18 Ladoga Park West 232 Tax Parcel #: 33.-1-50 233 234 Requirement for which Area Variances are requested: Town of Lansing Zoning Law § 270-11 235 Schedule II, Frontage, Yard, Height, and Coverage Requirements 236 RESOLUTION AND FINDINGS 237 WHEREAS, Kristin Bartholomew, applicant and owner's agent for 18 Ladoga Park West Tax Parcel 238 No. 33.-1-50 located in the L1 Zone, applied for variance to demo the existing structure and erect 239 a new two- story single family home. Five area variances are requested for relief from Town of 240 Lansing Zoning Law §270-11 Schedule II: Area, Frontage, Yard, Height, and Coverage 241 Requirements for (1) front yard (west) 27.33 feet where 30 feet is required, (2) front yard (south) 242 14.92 feet where 30 feet is required, (3) rear yard (north) 3.08 feet where 25 feet is required and 243 (4) rear yard (east) 14.46 where 25 feet is required. (5) The minimum open space requirements 244 dictate only 25% max lot coverage whereas applicant seeks 29% coverage (2146 sqft of a 7350 245 sgft lot); and 246 247 WHEREAS, on 8 May 2024 the Town of Lansing Zoning Board of Appeals (the "ZBA") thoroughly 248 reviewed and analyzed: (i) the information and evidence submitted by the applicant in support 249 of the requested area variance; (ii) all other information and materials properly before the ZBA; 250 and (iii) the issues and impacts raised for consideration by neighbors, the public, and the ZBA; 251 and 252 253 WHEREAS, this application is classified as a Type II Action under 6 NYCRR 617.5(c)(2), 254 replacement, rehabilitation or reconstruction of a structure or facility, in kind, on the same site, 255 including upgrading buildings to meet building, energy, or fire codes unless such action meets 256 or exceeds any of the thresholds in section 617.4 of this part, such that no further 257 environmental review is required; so, upon due deliberation upon the foregoing, the 258 application, and all evidence and testimony presented to the ZBA. 259 260 NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 261 Page 6 of 9 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 No _X_ 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 variances are 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: Five area variances are requested for relief from Town of Lansing Zoning Law §270-11 Schedule II: Area, Frontage, Yard, Height, and Coverage Requirements for (1) front yard (west) 27.33 feet where 30 feet is required, (2) front yard (south) 14.92 feet where 30 feet is required, (3) rear yard (north) 3.08 feet where 25 feet is required and (4) rear yard (east) 14.46 where 25 feet is required. (5) The minimum open space requirements dictate only 25% max lot coverage whereas applicant seeks 29% coverage (2146 sqft of a 7350 sqft total lot); and Page 7 of 9 ARE CONDITIONS IMPOSED WITH RESPECT TO THE AREA VARIANCES AS GRANTED? Yes No STATEMENT OF CONDITIONS: THE VOTE ON THE FOREGOING DECISION, DETERMINATIONS, AND RESOLUTION OF THE TOWN OF LANSING ZONING BOARD OF APPEALS WAS AS FOLLOWS: Motion by: Jack Young Seconded by: Susan Tabrizi Bruce Barber (alt.) —Aye Richard Hayes —Absent Mary Stoe — Aye Susan Tabrizi — Aye Roger VandePoel- Aye Jack Young — Aye Dated: 8 May 2024 Proiect: Removal of existing conditions applicable to development of 32 Ladoga Park Applicant: Jason Demarest, agent for Lillian Babcock Location: 30 — 32 Ladoga Park Project Description: Agent on behalf of client is requesting removal of the condition that limits filling the property around the cottage at 32 Ladoga Park W. "The original concern with this variance at the time was about drainage onto adjacent properties. Since the newly acquired lawn area (30 Ladoga) is not bound by the variance, that parcel is permitted to be filled. The new drainage plan per the floodplain application shows that water does not run onto adjacent properties, which satisfies the purpose of the condition from the 2004 variance." SEQR: this project is listed as a Type II action under SEQR, requiring no further review from the board Anticipated Action: Unanimous decision required on whether to re -hear Summary of Discussion: • Jason Demarest and Lillian Babcock were present to discuss this project. • The applicant discussed the reason for the need of removal of existing conditions, drainage, and the purpose of the project. • The Board set a Public Hearing date for June 12, 2024 Page 8 of 9 351 Proiect: Delaware River Solar N. Triphammer Road Solar Facility-Proiect #1: 5MW Solar 352 Facility. Proiect #2: 3MW Solar Facilitv 353 354 Applicant: Delaware River Solar 355 356 Location: N. Triphammer Road; two neighboring lots: 44.-1-1.2 and 44.-1-3.3 357 358 Project Description: Applicant wishes to develop one five (5) megawatt and one three (3) 359 megawatt AC solar facilities located on the two neighboring properties on N. Triphammer Road, 360 tax map numbers 44.-1-1.2 and 44.-1-3.3. This project is located in the R2 zoning district, which 361 does not permit the installation of solar energy facilities. The applicant wishes to have this 362 application reviewed under the use variance standards applicable to public utilities, rather than 363 the traditional use variance test under N.Y Town Law 267-b(2). 364 365 SEQR: This project is classified as an Unlisted action under SEQR and will require further 366 review. 367 368 Anticipated Action: review of the application, SEQR Review 369 370 Summary of Discussion: 371 • Jack Young Recused himself as Chair and Susan Tabrizi stepped in as Chair 372 • Mollie Messenger, Melissa Melko and Stacy Holstein were present to discuss this project. 373 • The applicant discussed why they should be seen as a public utility and the purpose of the 374 project. 375 • Who will take on Lead Agency for SEQR 376 • The Board set a Public Hearing date for June 12, 2024 377 378 379 Susan Tabrizi adjourned the meeting at 7:59 PM 380 381 Minutes taken and executed by Kelly Geiger Page 9 of 9