HomeMy WebLinkAbout12-18-12 Minutes.docxTown of Lansing
Town of Lansing
Tuesday, December 18, 2012 7:00 PM, Zoning Board of Appeals Meeting
ZONING BOARD OF APPEALS MEMBERS
(*Denotes present)
*Gregg Travis, Chairman*David DittmanLinda Hirvonen*Dan Konowalow
*Henry (Hurf) Sheldon*Judy Drake, Alternate
*Jeffrey Overstrom, Engineer & Planning Coordinator
*Ruth Hopkins, Town Board Liaison
Lorraine Moynihan Schmitt, ZBA Attorney
PUBLIC PRESENT
James GossettElizabeth Gossett
Deborah TrumbullGeri Gay
Paul PitkinMelanie Cooper
Roger HopkinsEd LaVigne
John O’ConnorKristie O’Connor
Robert Rasmussen
GENERAL BUSINESS
Chairman Gregg Travis called The Town of Lansing Zoning Board of Appeals Meeting to order at 7:04 PM and reviewed the Agenda with the Public.
Chairman Travis acknowledged the Legal Notice was duly published in The Ithaca Journal as required.
Public Hearing – Overall Application – Area Variance, Applicant: Cor Drost, Agent for Transonic Systems Inc., 34 Dutch Mill Road, Tax # 39.-1-50.10
Daniel Konowalow moved to open the Public Hearing at 7:05 PM. David Dittman seconded the motion and it was carried by the following roll call vote:
Vote of Zoning Board . . . (Aye) David Dittman, Member
Vote of Zoning Board . . . (Aye) Judy Drake, Alt. Member
Vote of Zoning Board . . . (Aye) Daniel Konowalow, Member
Vote of Zoning Board . . . (Aye) Hurf Sheldon, Member
Vote of Zoning Board . . . (Aye) Gregg Travis, Chair
Melanie Cooper, Agent for Transonic Systems appeared before the Board. Jeff Overstrom explained to the Board Members that Transonic System located in the Business Park would like to
erect a 3rd sign at a new driveway at their location. They current have two signs, one located on the building which they intend to replace and the second one at their driveway entrance
for Visitor parking. Mr. Overstrom states the business is not over the square foot requirement, how the Town of Lansing Sign Ordinance allows for two signs. The sign will be a LED light,
and will not flash.
Public Comments/Concerns
Chairman Travis inquired if there is anyone from the Public who wishes to speak. There were none.
Henry (Hurf) Sheldon made a motion to close the Public Hearing on the Application at 7:09 PM. David Dittman seconded the motion and it was carried by the following roll call vote:
Vote of Zoning Board . . . (Aye) David Dittman, Member
Vote of Zoning Board . . . (Aye) Judy Drake, Alt. Member
Vote of Zoning Board . . . (Aye) Daniel Konowalow, Member
Vote of Zoning Board . . . (Aye) Hurf Sheldon, Member
Vote of Zoning Board . . . (Aye) Gregg Travis, Chair
Members had no further discussion.
Public Hearing - Application & SEQR Review – Area Variance, Applicant: Cor Drost, Agent for Transonic Systems Inc., 34 Dutch Mill Road, Tax # 39.-1-50.10
David Dittman made a motion to open the SEQR Public Hearing at 7:l0 PM. Daniel Konowalow seconded the motion and it was carried by the following roll call vote:
Vote of Zoning Board . . . (Aye) David Dittman, Member
Vote of Zoning Board . . . (Aye) Judy Drake, Alt. Member
Vote of Zoning Board . . . (Aye) Daniel Konowalow, Member
Vote of Zoning Board . . . (Aye) Hurf Sheldon, Member
Vote of Zoning Board . . . (Aye) Gregg Travis, Chair
There were no public comments or concerns.
Daniel Konowalow made a motion to close the Public Hearing at 7:12 PM. David Dittman seconded the motion and it was carried by the following roll call vote:
Vote of Zoning Board . . . (Aye) David Dittman, Member
Vote of Zoning Board . . . (Aye) Judy Drake, Alt. Member
Vote of Zoning Board . . . (Aye) Daniel Konowalow, Member
Vote of Zoning Board . . . (Aye) Hurf Sheldon, Member
Vote of Zoning Board . . . (Aye) Gregg Travis, Chair
The Zoning Board Members reviewed Part I and completed Part II of the Full Environmental Assessment Form.
Henry (Hurf) Sheldon made a motion to declare a negative declaration. David Dittman seconded the motion and it was carried by the following roll call vote:
Vote of Zoning Board . . . (Aye) David Dittman, Member
Vote of Zoning Board . . . (Aye) Judy Drake, Alt. Member
Vote of Zoning Board . . . (Aye) Daniel Konowalow, Member
Vote of Zoning Board . . . (Aye) Hurf Sheldon, Member
Vote of Zoning Board . . . (Aye) Gregg Travis, Chair
The Zoning Board reviewed the following criteria:
FINDINGS:
1. State whether an undesirable change in the neighborhood character will
be created, and reason why:
No.
2. State whether there is an alternative method to achieve what the applicant
desires, and reason why:
No.
3. State whether the variance will have an adverse effect or impact on the
physical or environmental conditions in the neighborhood or district, and
reason why:
No.
4. State whether the alleged difficulty (variance needed) was self-created,
and reason why:
Yes.
5. State whether the request is substantial:
No.
CONDITIONS: List conditions prescribed by the Zoning Board of Appeals in
granting this variance:
None.
David Dittman made a motion to grant an Area Variance to allow for a third (3rd) sign on the property. Judy Drake seconded the motion and it was carried by the following roll call vote:
Vote of Zoning Board . . . (Aye) David Dittman, Member
Vote of Zoning Board . . . (Aye) Judy Drake, Alt. Member
Vote of Zoning Board . . . (Aye) Daniel Konowalow, Member
Vote of Zoning Board . . . (Aye) Hurf Sheldon, Member
Vote of Zoning Board . . . (Aye) Gregg Travis, Chair
Public Hearing – Application – Area Variance, Applicant: Jennifer Metzgar, 88 Lake Forest Lane, Tax # 32.-1-37.6
Daniel Konowalow made a motion to open the Public Hearing at 7:15 PM. Henry (Hurf) Sheldon seconded the motion and it was carried by the following roll call vote:
Vote of Zoning Board . . . (Aye) David Dittman, Member
Vote of Zoning Board . . . (Aye) Judy Drake, Alt. Member
Vote of Zoning Board . . . (Aye) Daniel Konowalow, Member
Vote of Zoning Board . . . (Aye) Hurf Sheldon, Member
Vote of Zoning Board . . . (Aye) Gregg Travis, Chair
Public Comments/Concerns
Deb Trumbull: Indicated she has reviewed the Application and sees no compelling reason for a Variance, and can’t see where there is a hardship. Also, Ms. Trumbull has concerns with
construction within 10’ of the property line as it could possibly damage her Red Oak tree that is over 200 years old.
Paul Pitkin: States there are other alternatives for the location of the garage. A large project such as the proposed garage can change the character of the neighborhood.
Geri Gay: States the Survey Map presented is outdated. Currently, there is a new stairway 7’ from the property line which is not reflected on the survey presented.
Judy Drake made a motion to close the Public Hearing at 7:24 PM. Henry (Hurf)
Sheldon seconded the motion and it was carried by the following roll call vote:
Vote of Zoning Board . . . (Aye) David Dittman, Member
Vote of Zoning Board . . . (Aye) Judy Drake, Alt. Member
Vote of Zoning Board . . . (Aye) Daniel Konowalow, Member
Vote of Zoning Board . . . (Aye) Hurf Sheldon, Member
Vote of Zoning Board . . . (Aye) Gregg Travis, Chair
Further Discussion
Due to the Applicant’s not being present, Jeff Overstrom gave a brief description of the proposed project as presented to him.
David Dittman states due to the Applicant not being present, the Board should consider not hearing the case any further and make the Applicant re-apply.
After some discussion the Board Members felt the location and size of the proposed garage could be placed elsewhere on the property.
The Zoning Board reviewed the following criteria:
FINDINGS:
1. State whether an undesirable change in the neighborhood character will
be created, and reason why:
Public comment stated yes.
2. State whether there is an alternative method to achieve what the applicant
desires, and reason why:
Yes. Location the Building within the setbacks as required by the Zoning Ordinance.
3. State whether the variance will have an adverse effect or impact on the
physical or environmental conditions in the neighborhood or district, and
reason why:
Undetermined
4. State whether the alleged difficulty (variance needed) was self-created,
and reason why:
Yes. The Applicant wanted a location that does not conform to the Zoning Ordinance
5. State whether the request is substantial:
Yes. Requested setback was too close to the property line.
CONDITIONS: List conditions prescribed by the Zoning Board of Appeals in
granting this variance:
N/A
Daniel Konowalow made a motion to deny the Application. David Dittman
seconded the motion and it was carried by the following roll call vote:
Vote of Zoning Board . . . (Aye) David Dittman, Member
Vote of Zoning Board . . . (Aye) Judy Drake, Alt. Member
Vote of Zoning Board . . . (Aye) Daniel Konowalow, Member
Vote of Zoning Board . . . (Aye) Hurf Sheldon, Member
Vote of Zoning Board . . . (Aye) Gregg Travis, Chair
Public Hearing –Application – Area Variance, Applicant: James & Elizabeth Gossett, 655 Lansing Station Road, Tax # 13.-2-15
The Gossett’s are requesting an Area Variance for the construction of a 15 ft. addition to the rear of the existing structure which would then encroach on the property setbacks.
Daniel Konowalow made a motion to open the Public Hearing on the Application at 7:38 PM. David Dittman seconded the motion and it was carried by the following roll call vote:
Vote of Zoning Board . . . (Aye) David Dittman, Member
Vote of Zoning Board . . . (Aye) Judy Drake, Alt. Member
Vote of Zoning Board . . . (Aye) Daniel Konowalow, Member
Vote of Zoning Board . . . (Aye) Hurf Sheldon, Member
Vote of Zoning Board . . . (Aye) Gregg Travis, Chair
Public Comments
The following are letters in support of the proposal;
Henry (Hurf) Sheldon made a motion to close the Public Hearing at 7:33 PM. David Dittman seconded the motion and it was carried by the following roll call vote:
Vote of Zoning Board . . . (Aye) David Dittman, Member
Vote of Zoning Board . . . (Aye) Judy Drake, Alt. Member
Vote of Zoning Board . . . (Aye) Daniel Konowalow, Member
Vote of Zoning Board . . . (Aye) Hurf Sheldon, Member
Vote of Zoning Board . . . (Aye) Gregg Travis, Chair
The Zoning Board reviewed the following criteria:
FINDINGS:
1. State whether an undesirable change in the neighborhood character will
be created, and reason why:
No.
2. State whether there is an alternative method to achieve what the applicant
desires, and reason why:
Not to meet their house plan.
3. State whether the variance will have an adverse effect or impact on the
physical or environmental conditions in the neighborhood or district, and
reason why:
No.
4. State whether the alleged difficulty (variance needed) was self-created,
and reason why:
Yes, due to current house location
5. State whether the request is substantial:
No.
CONDITIONS: List conditions prescribed by the Zoning Board of Appeals in
granting this variance:
None.
David Dittman made the motion to grant the Variance request. Henry (Hurf) seconded the motion and it was carried by the following roll call vote:
Vote of Zoning Board . . . (Aye) David Dittman, Member
Vote of Zoning Board . . . (Aye) Judy Drake, Alt. Member
Vote of Zoning Board . . . (Aye) Daniel Konowalow, Member
Vote of Zoning Board . . . (Aye) Hurf Sheldon, Member
Vote of Zoning Board . . . (Aye) Gregg Travis, Chair
Approval/Denial of Minutes for: August 20, 2012
David Dittman made the motion to approve the Minutes of August 20, 2012 as presented. Judy Drake seconded the motion and it was carried by the following roll call vote:
Vote of Zoning Board . . . (Aye) David Dittman, Member
Vote of Zoning Board . . . (Aye) Judy Drake, Alt. Member
Vote of Zoning Board . . . (Aye) Daniel Konowalow, Member
Vote of Zoning Board . . . (Aye) Hurf Sheldon, Member
Vote of Zoning Board . . . (Aye) Gregg Travis, Chair
Other Business
David Dittman advised the Board that he will not be re-applying for the Zoning Board position when his term expires at the end of this year as he will be leaving the area. The Members
thanked Mr. Dittman for his many years of service on the Board. Judy Drake has shown an interest in the position and will prepare her Application for The Town Board to consider.
Follow Up on Conditions Placed on Variances.
David Dittman made the motion to adjourn the Meeting at 8:00 PM. Henry (Hurf) seconded the motion and it was carried by the following roll call vote:
Vote of Zoning Board . . . (Aye) David Dittman, Member
Vote of Zoning Board . . . (Aye) Judy Drake, Alt. Member
Vote of Zoning Board . . . (Aye) Daniel Konowalow, Member
Vote of Zoning Board . . . (Aye) Hurf Sheldon, Member
Vote of Zoning Board . . . (Aye) Gregg Travis, Chair