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HomeMy WebLinkAbout06-12-24 ZBA MinutesTown of Lansing Zoning Board of Appeals Meeting Wednesday, June 12, 2024 6:30 PM Lansing Town Hall, 29 Auburn Rd Present Jack Young, Chair Mary Stoe Susan Tabrizi Rick Hayes 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 Carl Schimmelfing Scott Purcell Alvin Parker Jennifer Gaffney Katie Thompson Heather Gaffney Nathan Thompson Mollie Messenger Melissa Melko Elisabeth Hegarty Michael Cox Zachary E. Longstreth Gary Bortz Beverly Bortz Jason Demerest Lillian Babcock Dennis Gaffney Steve Ruoff Sue Ruoff David Lincoln Stacy Holstein Robert Holstein Brenda Zavaski Page 1 of 13 Excused Cheryl Beach Debbie Loring Curtis Lyons Nick Cortese Roger Loring Michelle L. Zirbel Chair Jack Young opened the meeting at 6:33pm Action Items: Proiect: Two Area Variance's for construction of a 10' x 14' greenhouse in the front vard Applicant: Michael Cox, representing Elisabeth Hegarty Location: 2 Asbury Drive, TPN 40.-2-25 Project Description: The applicant is applying for two (2) Area Variance's: (1) relief from Town of Lansing Zoning Law § 270-11 Schedule II: Area, Frontage, Yard, Height, and Coverage Requirements for a front yard setback of 56' where 80' is required on North Triphammer Road. (2) relief from Town of Lansing Zoning Law § 270-38 Accessory Uses (D)(3) prohibiting an accessory structure of less than 144 square feet to encroach in the front yard. This property is located in R2 zoning SEQR: This project is a Type II action (617.5(C)(12)) and does not require further review. Anticipated Action: review of the application, public hearing, final decision/conditions Summary of Discussion: • Michael Cox and Elisabeth Hegarty 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. • Board Approved the Project Motion to Open the Public Hearing for 2608 N Triphammer Rd at 6:37vm. Moved by: Susan Tabrizi Seconded by: Mary Stoe (Motion Carried) Motion to Close the Public Hearing for 2608 N Triphammer Rd at 6:38 pm. Moved by: Rick Hayes Seconded by: Mary Stoe (Motion Carried) Variance No: 24-8 Zoning District: R2 Public Hearing Published on: 05/31/24 600' Notices Mailed: 05/28/24 Page 2 of 13 90 AREA VARIANCE FINDINGS AND DECISION 91 TOWN OF LANSING ZONING BOARD OF APPEALS 92 93 BACKGROUND INFORMATION 94 95 Applicant: 96 Michael Cox, representing Elizabeth Hegarty 97 2 Asbury Drive 98 Ithaca, NY 14850 99 100 Property Location: 2 Asbury Drive 101 Tax Parcel #: 40.-2-25 102 103 Requirement for which Area Variances are requested: Town of Lansing Zoning Law § 270-11 104 Schedule II, Frontage, Yard, Height, and Coverage Requirements and Town of Lansing Zoning 105 Law § 270-38 Accessory Uses. 106 107 RESOLUTION AND FINDINGS 108 109 WHEREAS, Michael Cox, son of the owner of 2 Asbury Drive Tax Parcel No. 40.-2-25 located in the 110 R2 zoning district, has applied for variances to site a 10'x 14' greenhouse in the front yard. The 111 applicant is applying for two (2) Area Variance's: (1) relief from Town of Lansing Zoning Law § 112 270-11 Schedule II: Area, Frontage, Yard, Height, and Coverage Requirements for a front yard 113 setback of 56' where 80' is required on North Triphammer Road. (2) Relief from Town of Lansing 114 Zoning Law § 270-38 Accessory Uses (D)(3) prohibiting an accessory structure of less than 144 115 square feet to encroach in the front yard; and 116 117 WHEREAS, on 12 June 2024 the Town of Lansing Zoning Board of Appeals (the "ZBA") thoroughly 118 reviewed and analyzed: (i) the information and evidence submitted by the applicant in support 119 of the requested area variance; (ii) all other information and materials properly before the ZBA; 120 and (iii) the issues and impacts raised for consideration by neighbors, the public, and the ZBA; 121 and 122 123 WHEREAS, this application is classified as a Type II Action under 6 NYCRR 617.5(C)(12), 124 construction, expansion or placement of minor accessory/appurtenant residential structures, 125 including garages, carports, patios, decks, swimming pools, tennis courts, satellite dishes, 126 fences, barns, storage sheds or other buildings not changing land use or density, such that no 127 further environmental review is required; so, upon due deliberation upon the foregoing, the 128 application, and all evidence and testimony presented to the ZBA. 129 130 Page 3 of 13 131 NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 132 133 1. The Town of Lansing Zoning Board of Appeals ("ZBA") hereby makes the following findings with 134 respect to the specific criteria for area variances as set forth in Town Law § 267-b(3)(b), and other 135 applicable provisions of law and of the Zoning Ordinance: 136 137 a. Whether an undesirable change will be produced in the character of the neighborhood or a 138 detriment to nearby properties will be created by the granting of the area variance? 139 140 Yes No_1/_ Findings: 141 142 b. Whether the benefit sought by the applicant can be achieved by some method, feasible for 143 the applicant to pursue, other than an area variance? 144 145 Yes No_1/_ Findings: 146 147 c. Whether the requested area variance is substantial? 148 149 Yes__ No Findings: Front yard setback request from N. Triphammer deemed 150 "boarder -line" substantial at approx. 30% of the required setback. 151 152 d. Whether the proposed variance will have an adverse effect or impact on 153 the physical or environmental conditions in the neighborhood or district? 154 155 Yes No_`/_ Findings: 156 157 e. Whether the alleged difficulty was self-created? 158 159 Yes__ No Findings: Applicant erected greenhouse negligent of setback and use 160 requirements 161 in R2 zoning 162 163 2. DETERMINATION BASED ON THE ABOVE FACTORS (choose one): 164 165 It is hereby determined by the Town of Lansing Zoning Board of Appeals (the "ZBA") that the 166 following area variance is GRANTED, with any conditions hereafter stated (if any), it being 167 further found and determined that (i) the benefit to the applicant outweighs any potential 168 negative impacts or detriment to the neighborhood or community; and (ii) such area variance is 169 the minimum necessary as adequate to grant relief and, at the same time, preserve and protect 170 the character of the neighborhood and the safety and welfare of the community. 171 172 DESCRIPTION OF SPECIFIC VARIANCES GRANTED: Two (2) Area Variance's: (1) relief from Town 173 of Lansing Zoning Law § 270-11 Schedule II: Area, Frontage, Yard, Height, and Coverage Page 4 of 13 174 Requirements for a front yard setback of 56' where 80' is required on North Triphammer Road. 175 (2) Relief from Town of Lansing Zoning Law § 270-38 Accessory Uses (D)(3) prohibiting an 176 accessory structure of less than 144 square feet to encroach in the front yard. 177 ARE CONDITIONS IMPOSED WITH RESPECT TO THE AREA VARIANCES AS GRANTED? 178 179 Yes No_'/_ 180 181 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: Rick Hayes Seconded by: Mary Stoe Bruce Barber (alt) — Not Voting Richard Hayes —Aye Mary Stoe — Aye Susan Tabrizi —Aye Roger VandePoel —Aye Jack Young — Aye Dated: 12 June 2024 Proiect: Applicant wishes to remove prior conditions allowing for hill to be added to site to create positive drainage Applicant: Jason Demarest, representing Lillian Babcock Location: 30 Ladoga Park W, TPN 33.-1-58 Project Description: The applicant has applied for a rehearing to discuss the removal of prior conditions (from 7/20/2004) which would allow for fill to be added to create positive drainage at 30 & 32 Ladoga. This property is located in Ll zoning with lake frontage SEQR: This project is an Unlisted action and will require further review Anticipated Action: public hearing, SEQRA review, final decision/conditions Summary of Discussion: • Jason Demarest and Lillian Babcock were present to discuss this project. • The applicant discussed the reason for the need of the variance, location, drainage, lake wall, grading and fill for the purpose of the project. • Board Postponed the decision, requesting Engineer Report of the Project Page 5 of 13 220 Motion to Oven the Public Hearing for 30-32 Ladoga Park West at 7:04vm. 221 Moved by: Roger VandePoel Seconded by: Susan Tabrizi (Motion Carried) 222 223 Motion to Close the Public Hearing for 30-32Lado2a Park West at 7:46 Pm. 224 Moved by: Roger VandePoel Seconded by: Rick Hayes (Motion Carried) 225 226 227 Proiect:Area Variance for side vard setback 228 229 Applicant: Heather Gaffney, owner 230 231 Location: 140 Locke Road, TPN 6.-1-24.4 232 233 Project Description: The applicant has applied for an Area Variance to site a modular home 234 within the 15' required setback. The home is currently sited 7.7' feet away from the property line, 235 which is approximately half the required setback. This project is located in the AG zoning which 236 has a 15' minimum side yard setback requirement 237 SEQR: This project is a Type II action (617.5 (C) (17)) and does not require further review 238 239 Anticipated Action: public hearing, final decision/conditions 240 241 Summary of Discussion: 242 • Heather Gaffney and Dennis Gaffney were present to discuss this project 243 • The applicant discussed the reason for the need of the variance for the side yard setback 244 • Carl Schimmelfing was present to discuss this project 245 • The Board Approved the project with conditions 246 247 248 Variance No: VAR 24-10 249 Zoning District: AG 250 Public Hearing Published on: 05/31/24 251 600' Notices Mailed: 05/28/24 252 253 AREA VARIANCE FINDINGS AND DECISION 254 TOWN OF LANSING ZONING BOARD OF APPEALS 255 256 BACKGROUND INFORMATION 257 258 Applicant: 259 Heather Gaffney, owner 260 140 Locke Road 261 Lansing, NY 13092 262 263 Property Location: 140 Locke Road 264 Tax Parcel #: 6.-1-24.4 265 Page 6 of 13 266 Requirement for which Area Variances are requested: Town of Lansing Zoning Law § 270-11 267 Schedule II, Frontage, Yard, Height, and Coverage Requirements for side yard setbacks requiring 268 15' for single family residences in AG zoning. 269 270 RESOLUTION AND FINDINGS 271 272 WHEREAS, Heather Gaffney, owner of 140 Locke Road Tax Parcel No. 6.-1-24.4 located in the AG 273 zoning district, has applied for an Area Variance to site a modular home within the 15' required 274 setback. The home is currently sited 7.7' away from the property line, whereas 15' is required in 275 the AG zoning district; and 276 277 WHEREAS, on 12 June 2024 the Town of Lansing Zoning Board of Appeals (the "ZBA") thoroughly 278 reviewed and analyzed: (i) the information and evidence submitted by the applicant in support 279 of the requested area variance; (ii) all other information and materials properly before the ZBA; 280 and (iii) the issues and impacts raised for consideration by neighbors, the public, and the ZBA; 281 and 282 283 WHEREAS, this application is classified as a Type II Action under 6 NYCRR 617.5(C)(17), granting 284 of an Area Variance for a single — family residence, such that no further environmental review is 285 required; so, upon due deliberation upon the foregoing, the application, and all evidence and 286 testimony presented to the ZBA. 287 288 289 NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 290 291 1. The Town of Lansing Zoning Board of Appeals ("ZBA") hereby makes the following findings with 292 respect to the specific criteria for area variances as set forth in Town Law § 267-b(3)(b), and other 293 applicable provisions of law and of the Zoning Ordinance: 294 295 a. Whether an undesirable change will be produced in the character of the neighborhood or a 296 detriment to nearby properties will be created by the granting of the area variance? 297 298 Yes__ No Findings: Yes, house is located at approximately half of the 299 required side yard setback 300 301 b. Whether the benefit sought by the applicant can be achieved by some method, feasible for 302 the applicant to pursue, other than an area variance? 303 304 Yes No_'/_ Findings: 305 306 c. Whether the requested area variance is substantial? Page 7 of 13 307 Yes__ No Findings: Yes, request for approx. 50% variance from side yard setback; 308 house is 309 sited 7.7' from east property line where 15' is required 310 311 d. Whether the proposed variance will have an adverse effect or impact on 312 the physical or environmental conditions in the neighborhood or district? 313 314 Yes No_'/_ Findings: 315 316 e. Whether the alleged difficulty was self-created? 317 318 Yes__ No Findings: House was sited without consideration or conformation to 319 required bulk 320 regulations (side yard setback) for AG zoning 321 322 2. DETERMINATION BASED ON THE ABOVE FACTORS (choose one): 323 324 It is hereby determined by the Town of Lansing Zoning Board of Appeals (the "ZBA") that the 325 following area variance is GRANTED, with any conditions hereafter stated (if any), it being 326 further found and determined that (i) the benefit to the applicant outweighs any potential 327 negative impacts or detriment to the neighborhood or community; and (ii) such area variance is 328 the minimum necessary as adequate to grant relief and, at the same time, preserve and protect 329 the character of the neighborhood and the safety and welfare of the community. 330 331 DESCRIPTION OF SPECIFIC VARIANCES GRANTED: Area Variance to site a modular home within 332 the 15' required setback. The home is currently sited 7.7' away from the property line, whereas 333 15' is required in the AG zoning district. 334 335 ARE CONDITIONS IMPOSED WITH RESPECT TO THE AREA VARIANCES AS GRANTED? 336 337 Yes__ No 338 339 STATEMENT OF CONDITIONS: 340 341 1. Entry door on east wall is required to be removed and replaced with a window. The stairs 342 must also be removed from the east side of home. 343 2. Applicant and neighbors at the eastern bordering property (6.-1-24.3/Sovereign Rentals, 344 LLC) must decide upon and establish a clear delineation along the property line of each 345 parcel; vegetation screening to be used. 346 347 348 Page 8 of 13 349 THE VOTE ON THE FOREGOING DECISION, DETERMINATIONS, AND RESOLUTION OF THE TOWN 350 OF LANSING ZONING BOARD OF APPEALS WAS AS FOLLOWS: 351 352 Motion by: Mary Stoe 353 Seconded by: Susan Tabrizi 354 355 Bruce Barber (alt) — Not Voting 356 Richard Hayes —Aye 357 Mary Stoe — Aye 358 Susan Tabrizi —Aye 359 RogerVandePoel—Aye 360 Jack Young — Aye 361 362 363 Dated: 12 June 2024 364 365 366 367 Proiect: Area Variance for construction of Ice Cream window on North side of building- 368 Momo's Cafe 369 370 Applicant: Michelle Zirbel, owner 371 372 Location: 1173 Auburn Road, TPN 6.4-18 373 374 Project Description: The applicant is proposing to construct an ice cream window with a roof 375 covering the area 20 feet along the north side of the building and extending 8 feet to the side 376 property line, 0' from the property line, where 15' is required. This project is located in RA 377 zoning which has a 15' minimum side yard setback requirement 378 379 SEQR: This project is a Type II Action under the State Environmental Quality Review Act 6 380 NYCRR 381 382 Anticipated Action: review of project updates, final decision / conditions 383 384 385 386 Summary of Discussion: 387 • Michelle Zirbel was present to discuss this project. 388 • The applicant discussed the reason for the need of the variance for the side yard setback, 389 agreement between Momo's and the Fire Department, and Parking 390 • The Board Approved the project with conditions 391 392 393 394 Page 9 of 13 395 Variance No: VAR 23-3 396 Zoning District: RA 397 Public Hearing Published on: 06/01/23 398 600' Notices Mailed: 06/01/23 399 400 AREA VARIANCE FINDINGS AND DECISION 401 TOWN OF LANSING ZONING BOARD OF APPEALS 402 403 BACKGROUND INFORMATION 404 405 Applicant: 406 Michelle Zirbel, owner 407 Momo's Cafe — 1173 Auburn Road 408 Locke, NY 13092 409 410 Property Location: Momo's Cafe — 1173 Auburn Road 411 Tax Parcel #: 6.-1-18 412 413 Requirement for which Area Variances are requested: Town of Lansing Zoning Law § 270-11 414 Schedule II, Frontage, Yard, Height, and Coverage Requirements for a side yard setback. 415 416 RESOLUTION AND FINDINGS 417 418 WHEREAS, Michelle Zirbel, owner of 1173 Auburn RD Tax Parcel No. 6.4-18 located in the RA 419 Zoning district, has applied for an area variance to construct an ice cream take out window on 420 the North side of the "Momo's Cafe" building located at 1173 Auburn Road. The applicant is 421 applying for one (1) Area Variance: (1) Relief from Town of Lansing Zoning Law § 270-11 Schedule 422 II: Area, Frontage, Yard, Height, and Coverage Requirements for a side yard (North) setback of 0' 423 where 30' is required; and 424 425 WHEREAS, on 12 June 2024 the Town of Lansing Zoning Board of Appeals (the "ZBA") thoroughly 426 reviewed and analyzed: (i) the information and evidence submitted by the applicant in support 427 of the requested area variance; (ii) all other information and materials properly before the ZBA; 428 and (iii) the issues and impacts raised for consideration by neighbors, the public, and the ZBA; 429 and 430 431 WHEREAS, this application is classified as a Type II Action under 6 NYCRR 617.5 such that no 432 further environmental review is required; so, upon due deliberation upon the foregoing, the 433 application, and all evidence and testimony presented to the ZBA. 434 435 436 437 Page 10 of 13 438 NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 439 440 1. The Town of Lansing Zoning Board of Appeals ("ZBA") hereby makes the following findings with 441 respect to the specific criteria for area variances as set forth in Town Law § 267-b(3)(b), and other 442 applicable provisions of law and of the Zoning Ordinance: 443 444 a. Whether an undesirable change will be produced in the character of the neighborhood or a 445 detriment to nearby properties will be created by the granting of the area variance? 446 447 Yes No_1/_ Findings: 448 449 b. Whether the benefit sought by the applicant can be achieved by some method, feasible for 450 the applicant to pursue, other than an area variance? 451 452 Yes No_1/_ Findings: 453 454 c. Whether the requested area variance is substantial? 455 456 Yes__ No Findings: 0' of north side yard setback where 30' is required for a 457 Restaurant in RA zoning 458 459 d. Whether the proposed variance will have an adverse effect or impact on 460 the physical or environmental conditions in the neighborhood or district? 461 462 Yes No_`/_ Findings: 463 464 e. Whether the alleged difficulty was self-created? 465 466 Yes__ No Findings: 467 468 2. DETERMINATION BASED ON THE ABOVE FACTORS (choose one): 469 470 It is hereby determined by the Town of Lansing Zoning Board of Appeals (the "ZBA") that the 471 following area variance is GRANTED, with any conditions hereafter stated (if any), it being 472 further found and determined that (i) the benefit to the applicant outweighs any potential 473 negative impacts or detriment to the neighborhood or community; and (ii) such area variance is 474 the minimum necessary as adequate to grant relief and, at the same time, preserve and protect 475 the character of the neighborhood and the safety and welfare of the community. 476 DESCRIPTION OF SPECIFIC VARIANCES GRANTED: One (1) Area Variance: (1) Relief from Town of 477 Lansing Zoning Law § 270-11 Schedule II: Area, Frontage, Yard, Height, and Coverage 478 Requirements for a side yard (North) setback of 0' where 30' is required. 479 480 ARE CONDITIONS IMPOSED WITH RESPECT TO THE AREA VARIANCES AS GRANTED? Page 11 of 13 Yes `,** No STATEMENT OF CONDITIONS: "Indemnification and Use Agreement" between Lansing Fire District and Momo's Cafe/ Michelle Zirbel must be signed and in effect. Application for building permit must be submitted, and conditions of building permit must be met before Certificate of Compliance is issued for the ice cream window. THE VOTE ON THE FOREGOING DECISION, DETERMINATIONS, AND RESOLUTION OF THE TOWN OF LANSING ZONING BOARD OF APPEALS WAS AS FOLLOWS: Motion by: Susan Tabrizi Seconded by: Rick Hayes Bruce Barber (alt) — Not Voting Richard Hayes —Aye Mary Stoe — Aye Susan Tabrizi —Aye Roger VandePoel —Aye Jack Young — Aye Dated: 12 June 2024 Proiect: Use Variance to construct a Solar Ener2v Facilitv off N. Triphammer Road Applicant: Mollie Messenger, representing Delawar River Solar Location: N. Triphammer Road; two neighboring lots: 44.-1-1.2 and 44.-1-3.3 Project Description: The applicant has applied for a Use Variance to construct a Solar Energy Facility off N. Triphammer Road. This project is located in R2 zoning which does not permit the construction of a Solar Energy Facility SEQR: This project is a Type I action (617.4 (13)(2) and 617.4 (6)(i)) and will require review Anticipated Action: Further discussion and review Page 12 of 13 526 Summary of Discussion: 527 • Jack Young Recused himself as Chair and Susan Tabrizi stepped in as Chair 528 • Mollie Messenger and Melissa Melko were present to discuss this project. 529 • The applicant discussed further the purpose of the project, providing more information to 530 the board regarding roads, open space, flag lot entrance, wetlands, wildlife, glint and 531 glare analysis, noise, and screening. 532 • The Board set a Public Hearing date for July 10, 2024 533 534 535 Susan Tabrizi adjourned the meeting at 9:21 PM 536 537 Minutes taken and executed by Kelly Geiger 538 Page 13 of 13