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Home My WebLink About07-10-24 ZBA MinutesTown of Lansing Zoning Board of Appeals Meeting Wednesday, July 10, 2024 6:30 PM Lansing Town Hall, 29 Auburn Rd Present Jack Young, Chair Susan Tabrizi Rick Hayes Bruce Barber Roger VandePoel Other Staff Present Kelly Geiger, Planning Clerk Mason Molesso, Planner Judy Drake, Liaison Public Present Roger & Debbie Loring Richard Winter Matt Liponis Heike Michelsen & Larry Zuidema Kirsten Post Eynav Ting -Yen Chi & Yihong Ji Danny Pace Kathleen Blair Brigitta Putnam & John Putnam Otto Roser Jeffrey Lallas Derek Osborne Erin Worsell Peter Eliason Mike & Sarah Tomei David Sayles Theodore Skibinski Betsy Rudolph Dorothy Krizek Richard Krizek Nick Cortese Chair Jack Young opened the meeting at 6:33pm Page 1 of 6 Excused Mary Stoe Action Items: Proiect: Area Variance to construct a new 12' x 28' inground pool Applicant: Derek Osbourne, owner Location: 2 Beach Road, TPN 31.-2-4 Project Description: The applicant is applying for one (1) Area Variance: (1) relief from Town of Lansing Zoning Law § 270-11 Schedule II: Area, Frontage, Yard, Height, and Coverage Requirements for a front yard (east/ Beach Rd) setback of 39' where 60' is required. This project is located in the B 1 zoning district. SEQR: This project is a Type II action and will not require further review. Anticipated Action: Review of project, public hearing, final decision/conditions Summary of Discussion: • Derek Osborne was present to discuss this project. • The applicant discussed the reason for the need of the variance, location due to property being wet, and parking of construction vehicles. • Board Approved the Project Motion to Open the Public Hearing for 2 Beach Rd at 6:46 pm. Moved by: Rick Hayes Seconded by: Susan Tabrizi (Motion Carried) Motion to Close the Public Hearing for 2 Beach Rd at 6:48 pm. Moved by: Susan Tabrizi Seconded by: Roger VandePoel (Motion Carried) AREA VARIANCE FINDINGS AND DECISION TOWN OF LANSING ZONING BOARD OF APPEALS BACKGROUND INFORMATION Variance No: 24-11 Zoning District: B1 Public Hearing Published on: 06/28/24 600' Notices Mailed: 06/25/24 Applicant: Derek Osbourne, owner 2 Beach Road Lansing, NY 14882 Property Location: 2 Beach Road Tax Parcel #: 31.-2-4 Page 2 of 6 91 Requirement for which Area Variances are requested: Town of Lansing Zoning Law § 270-11 92 Schedule II, Frontage, Yard, Height, and Coverage Requirements for a front yard (east) setback 93 of 39' whereas 60' is required. 94 95 RESOLUTION AND FINDINGS 96 97 WHEREAS, Derek Osbourne, owner of 2 Beach Road Tax Parcel No. 31.-2-4 located in the B1 98 zoning district, has applied for a variance to construct a 12' x 28' inground pool. The applicant is 99 applying for one (1) Area Variance: (1) relief from Town of Lansing Zoning Law § 270-11 100 Schedule II: Area, Frontage, Yard, Height, and Coverage Requirements for a front yard (east/ 101 Beach Rd) setback of 39' where 60' is required; and 102 103 WHEREAS, on 10 July 2024 the Town of Lansing Zoning Board of Appeals (the "ZBA") thoroughly 104 reviewed and analyzed: (i) the information and evidence submitted by the applicant in support 105 of the requested area variance; (ii) all other information and materials properly before the ZBA; 106 and (iii) the issues and impacts raised for consideration by neighbors, the public, and the ZBA; 107 and 108 109 WHEREAS, this application is classified as a Type II Action under 6 NYCRR 617.5(C)(12), 110 construction, expansion or placement of minor accessory/appurtenant residential structures, 111 including garages, carports, patios, decks, swimming pools, tennis courts, satellite dishes, 112 fences, barns, storage sheds or other buildings not changing land use or density, such that no 113 further environmental review is required; so, upon due deliberation upon the foregoing, the 114 application, and all evidence and testimony presented to the ZBA. 115 116 NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 117 118 1. The Town of Lansing Zoning Board of Appeals ("ZBA") hereby makes the following findings with 119 respect to the specific criteria for area variances as set forth in Town Law § 267-b(3)(b), and other 120 applicable provisions of law and of the Zoning Ordinance: 121 122 123 124 a. Whether an undesirable change will be produced in the character of the neighborhood or a 125 detriment to nearby properties will be created by the granting of the area variance? 126 127 Yes No Findings: In- ground pool — minimal disturbance, which is in the ground. 128 129 b. Whether the benefit sought by the applicant can be achieved by some method, feasible for 130 the applicant to pursue, other than an area variance? 131 132 Yes No Findings: Oddly shaped lot with wet areas preventing alternate siting. 133 134 Page 3 of 6 c. Whether the requested area variance is substantial? Yes No Findings: Approx. 35% variance from what is required = "substantial" 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 Findings: e. Whether the alleged difficulty was self-created? Yes No Findings: Yes but noted that there weren't many other options to locate elsewhere. 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: One (1) Area Variance: (1) relief from Town of Lansing Zoning Law § 270-11 Schedule II: Area, Frontage, Yard, Height, and Coverage Requirements for a front yard (east/ Beach Rd) setback of 39' where 60' is required. ARE CONDITIONS IMPOSED WITH RESPECT TO THE AREA VARIANCES AS GRANTED? Yes V No STATEMENT OF CONDITIONS: Construction vehicle parking, staging, loading/unloading must not obstruct the intersection of RT 34 & Beach Road or interfere with the line of sight when pulling a vehicle through said intersection. All construction vehicles must continuously maintain a 60' setback from the corner intersection of RT 34 & Beach Road during the entire construction period. 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 Page 4 of 6 Bruce Barber (alt) — Aye Richard Hayes —Aye Mary Stoe — Absent Susan Tabrizi —Aye RogerVandePoel —Aye Jack Young — Aye Dated: 10 July 2024 Action Items: Proiect: Area Variance to construct a 10' x 14' shed Applicant: Mike Tomei, owner Location: 14 Laura Lane, TPN 44.4-38.29 Project Description: The applicant is applying for relief from Town of Lansing Zoning Law § 270-11 Schedule II: Area, Frontage, Yard, Height, and Coverage Requirements for (1) a side yard (north) setback of 2' where 10' is required and (2) rear yard (east) setback of 2' where 10' is required. This project is located in the R2 zoning district. SEQR: This project is a Type II action and will not require further review Anticipated Action: Review of project, public hearing, final decision/conditions Summary of Discussion: • Mike and Sarah Tomei were present to discuss this project. • The applicant discussed the reason for the need of the variance and the requested location for placement of the shed • Peter Eliason and Jeff Lallas spoke regarding concerns of placement of the shed • Mike and Sarah Tomei chose to hold off on the vote until the August 2024 meeting to try to work out a plan with the neighbors • The Board voted to hold off on the project determination until the August 2024 meeting Motion to Open the Public Hearing for 14 Laura Ln at 6:54 pm. Moved by: Rick Hayes Seconded by: Susan Tabrizi (Motion Carried) Motion to Close the Public Hearing for 2 Beach Rd at 7.21 om. Moved by: Bruce Barber Seconded by: Susan Tabrizi (Motion Carried) Page 5 of 6 225 Proiect: Use Variance to construct a Solar Eneruv Facilitv off N. Triphammer Road 226 227 Applicant: Mollie Messenger, representing Delawar River Solar 228 229 Location: 0 N. Triphammer Road; two neighboring lots: 44.-1-1.2 and 44.4-3.3 230 231 Project Description: The applicant has applied for a Use Variance to construct 2 Solar Energy 232 Facilities off N. Triphammer Road. This project is located in R2 zoning which does not permit 233 the construction of a Solar Energy Facility 234 235 SEAR: This project is a Type I action (617.4 (B)(2) and 617.4 (6)(0) and will require review 236 237 Anticipated Action: SEQR review, Public Hearing, determination of "public utility" 238 classification 239 240 241 Summary of Discussion: 242 • Jack Young Recused himself as Chair and Susan Tabrizi stepped in as Chair 243 • Matt Liponis and Richard Winter were present to discuss this project. 244 • Larry Zuidema, Danny Pace, Otto Roser, Nick Cortese, Roger & Debbie Loring, 245 Ting -yen Chi and Yuhong Ji, Jessie Young, Ted Skibinski, Kirsten Post Eynav, and 246 Briggitta Putnam spoke during the public hearing 247 • The Board did not make a decision and the public hearing was closed, however, the 248 Board extended to the community, the opportunity to send written letters regarding the 249 project, with a deadline of July 17th at 5:00 pm. The Board will continue to discuss the 250 project at the August 2024 meeting 251 252 Motion to Open the Public Hearing for 0 N Triphammer Rd at 7:25 pm. 253 Moved by: Rick Hayes Seconded by: Roger VanDepoel (Motion Carried) 254 255 Motion to Close the Public Hearing for 2 Beach Rd at 8:20 pm. 256 Moved by: Rick Hayes Seconded by: Roger VanDepoel (Motion Carried) 257 258 259 260 261 Susan Tabrizi adjourned the meeting at 8:44 PM 262 263 Minutes taken and executed by Kelly Geiger 264 Page 6 of 6