HomeMy WebLinkAbout2009-06-01 DRAFT ZBA 06-01-09
Town of Lansing
Monday, June 1, 2009 7:00 PM, Zoning Board of Appeals Meeting
ZONING BOARD OF APPEALS MEMBERS
(*Denotes present)
* Gregg Travis,Chairman David Dittman
Linda Hirvonen * Dan Konowalow
* Ronald Bricker,Alternate Member Henry (Hurf)Sheldon
* Jeffrey Overstrom,Engineer&Planning Coordinator
* Bud Shattuck,Town Board Liaison
Lorraine Moynihan Schmitt,ZBA Attorney
PUBLIC PRESENT
Connie Wilcox
GENERAL BUSINESS
Gregg Travis called the meeting to order at 7:00 PM.
Public Hearing for: Use Variance, Applicant: Town of Lansing
Farmer's Market, 29 Auburn Road, Tax Parcel No. 37.1-2-8
Daniel Konowalow made a motion to open the Public Hearing at 7:01 PM.
Ronald Bricker Seconded.
VOTE AS FOLLOWS:
Daniel Konowalow-Aye
Ronald Bricker-Aye
Gregg Travis-Aye
MOTION CARRIED.
Connie Wilcox expressed to the Members that the Town would like to establish a
Farmer's Market for residents to participate in. The Market will be held every
Saturday beginning July 12th and going through to October. The hours of
operation will be 9:00 AM to 12:00 PM. The location will be in the west side of
the Town Parking lot. A portion of the Town Hall will be open for restroom
facilities for the Vendors and the Community Center will be open for use by the
paying customers. There will be no set up fee for the Vendors this year,
however, there may be in the future.
A 239 County referral was sent and the following response came in.
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DRAFT ZBA 06-01-09
May 8,2009
Ms,Rachel Jacobsen.Planning/Zoning/Code Clerk
Town of Lansing.Zoning,Planning and Code Enforcement
Box 186
Lansing,NY 14882
Re: Review Pursuant to§239.1 and-m of the New York State General Municipal Law
Action: Use Variance,Farmer's Market,29 Auburn Road,Tax Parcel No.37.1-2-8
Dear Ms.Jacobsen:
This letter acknowledges your referral of the proposal identified above for review and comment by the
Tompkins County Planning Department pursuant to§239-I and-m of the New York State General Municipal
Law.The Department has reviewed the proposal,as submitted,and has determined that it has no negative inter-
community,or county-wide impacts.We offer the following comment,which is not a formal recommendation
under GML§239.
Comment
We note that a use variance is not the most appropriate way to address this situation.If it is not considered a
public use which wou:1 be permitted on Town property in accordance with the Town's zoning ordinance,a
zoning amendment to specifically permit it would be appropriate.The standard for granting a use variance as
established in New York State law would not appear to be met in this instance.
P1we inform us of your decision so that we can make it a part of the record.
Sincerely,
Edward C.Marx,AICP
Commissioner of Planning
and Public Works
Member/Public Comments/Concerns:
There were no comments.
The Board Members reviewed the criteria for a Use Variance.
1. Can the Applicant not realize a reasonable return?
No financial benefit anticipated to the Town.
2. Is the alleged hardship unique and does it apply substantial portion of the
district or neighborhood?
It is unique for this particular spot,but it is not out of the ordinary
for what you would expect for a Town Center.
3. Will this alter the essential character of the neighborhood?
No.
4. Is this hardship self created?
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DRAFT ZBA 06-01-09
It is not a hardship, it is an opportunity and a Public Service
Operation.
Daniel Konowalow made a motion requesting that the petition for a Use
Variance be granted. Ronald Bricker seconded.
VOTE AS FOLLOWS:
Daniel Konowalow-Aye
Ronald Bricker-Aye
Gregg Travis-Aye
MOTION CARRIED.
Ronald Bricker made a motion to adjourn the Meeting. Daniel Konowalow
seconded.
VOTE AS FOLLOWS:
Daniel Konowalow-Aye
Ronald Bricker-Aye
Gregg Travis-Aye
MOTION CARRIED.
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