APPROVED

Town of Lansing Zoning Board of Appeals Meeting Tuesday, June 19, 2018 6:30 PM

Present Absent Judy Drake Maureen Cowen Linda Hirvonen Chris Williams Peter Larson III, Alternate Henry (Hurf) Sheldon, Chairman

OTHER STAFF PRESENT Lynn Day, Zoning Officer Katrina Binkewicz, Town Board Liaison

PUBLIC PRESENT Peter Comerford

GENERAL BUSINESS Chairman Henry (Hurf) Sheldon called the Meeting to order at 6:30 PM.

The Public Hearing Notice was published in on June 9, 2018 as legally required.

The Agenda and Documents for tonight’s meeting were published on the Town Website on June 15, 2018.

Chairperson Hurf Sheldon enacted Peter Larson III as a voting member as Maureen Cowen is absent.

MOTION TO APPROVE AS CORRECTED THE ZONING BOARD OF APPEALS MINUTES FOR MARCH 20, 2018 MEETING

Judy Drake made a motion to APPROVE THE MARCH 20, 2018 MINUTES as corrected. Chris Williams seconded the motion:

All in Favor – 5 Opposed - 0

MOTION TO OPEN THE PUBLIC HEARING ON THE AREA VARIANCE APPLICATION FROM PETER COMERFORD 19 SEARLES ROAD – TAX PARCEL # 28.-1-9

Chris Williams made a motion to OPEN THE PUBLIC HEARING on the Area Variance Application from Peter Comerford at 6:36 PM. Judy Drake seconded the motion.

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APPROVED All in Favor – 5 Opposed – 0

Mr. Comerford has applied for an Area Variance to replace a non-conforming 16’ X 12’ building that exists inside the 15’ side yard setback of the RA Zone. While such buildings and sheds may be replaced in same size as of right, applicant wishes to replace with an expanded 14’ X 28’ building. Therefore, due to the expansion of the non-conforming building an Area Variance per Section 1001.2 of the Zoning Ordinance is required.

Resident’s Overview:  That section of Searles Road has several very narrow properties.  A neighbor to the west has a shed that is three feet from the side border.  Peter took down an old shed that was 8’ from his border and would like to put up a prefabricated structure that is longer and would not be any closer to the border than the previous shed.  The proposed structure would be used for storage and to park his car in.  The perfect location would be at the end of the driveway where the original shed was.  Due to his narrow property, house, septic, well, trees, garden, and the location of the driveway it would be a financial burden to locate it in a different spot.  He could really use the extra space for storage, as his house is less than 1,000 square feet.  By keeping the Structure in the same location as the shed, it will leave room for safety vehicles, tree trimmers, septic truck, etc. to access the rear property as needed.

MOTION TO CLOSE THE PUBLIC HEARING ON THE AREA VARIANCE APPLICATION FROM PETER COMERFORD

Linda Hirvonen made a motion to CLOSE THE PUBLIC HEARING on the Area Variance Application from Peter Comerford at 6:58 PM. Judy Drake seconded the motion.

All in Favor – 5 All Opposed – 0

Board Discussion:  Could the shed be narrower and keep the same length? o Peter did not feel comfortable with that option, as he wanted room to get out of his car and still be able to move around.  The well on the other side of the house would not leave enough room to have a vehicle access to the back of the house.  Why can’t the structure be moved closer to the house? o Windows on that side of the house would block sunlight and view. o It would need to be as close as 6’ to 5’ to leave driving ability to the rear of the property and comply with the code laws. o The cost of moving the existing driveway.  The variance request is 53% of the required setback.

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APPROVED  It is felt by some of the board, that there is room to move even though the applicant does not want to move the location. They realize the previous shed did not meet the zoning setback requirements.

AREA VARIANCE FINDINGS AND DECISION TOWN OF LANSING ZONING BOARD OF APPEALS

BACKGROUND INFORMATION

Applicant: Peter Comerford Variance No: 18-02 19 Searles Road Zoning District: RA Lansing, NY 14882 Mailing Notices on: 6/11/2018 Notice to County Sent on: N/A SEQRA Hearing Held On: N/A

Property Location: 19 Searles Road Tax Parcel #: 28.-1-9

Requirement for which Variance is Requested: Side Yard Set Back

Applicable Section of Town Land Use Ordinance (the “Zoning Ordinance”): Sec. 504, Schedule II Area, Frontage, Yard, Heights and Coverage Requirements.

RESOLUTION AND FINDINGS

WHEREAS, Peter Comerford has applied for an Area Variance to replace a non- conforming 16’ X 12’ building that exists within the 15’ side yard setback of the RA Zone, and while such buildings and sheds may be replaced as of right, applicant wishes to replace the same with a 14’ X 28’ building thus requiring an Area Variance per Section 1001.2 of the Zoning Ordinance due to the expansion of the non-conforming use; and

WHEREAS, on June 19, 2018 the Town of Lansing Zoning Board of Appeals (the “ZBA”) thoroughly and analyzed: (i) the information and evidence submitted by the applicant in support of the requested area variance; (ii) all other information and materials properly before the ZBA; and (iii) the issues and impacts raised for consideration by neighbors, the public, and the ZBA; and

WHEREAS, this application is classified as a Type II Action (such that no further environmental review is required) and this matter also does not require a Section 239 review; so, upon due deliberation upon the foregoing, the application, and all evidence and testimony presented to the ZBA,

NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:

1. The Town of Lansing Zoning Board of Appeals (“ZBA”) hereby makes the following 3 | P a g e

APPROVED 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 X No _____ 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 X No _____ c. Whether the requested area variance is substantial?

Yes X No _____ 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 e. Whether the alleged difficulty was self-created?

Yes X No _____

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 DENIED, 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 VARIANCE GRANTED:

N/A - DENIED

THE VOTE ON THE FOREGOING DECISION, DETERMINATIONS, AND RESOLUTION OF THE TOWN OF LANSING ZONING BOARD OF APPEALS WAS AS FOLLOWS:

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APPROVED Motion by: Linda Hirvonen Seconded by: Judy Drake

Member: Judy Drake – Aye Member: Linda Hirvonen – Aye Member: Chris Williams – Aye Alternate Member: Peter Larson III – Aye Chair: Henry (Hurf) Sheldon – Aye

Dated: June 19, 2018

OTHER BUSINESS DEEMED NECESSARY

Carried over from the last meeting:  A letter dated on September 11, 2015 was received by the ZBA, from a residence on Bill George Road. Lynn Day took care of the requested information back when it was received. The ZBA members discussed and concluded there is a difference from the allowable footprint vs the square footage of the building. The building conforms with the area variance that was granted on November 20, 2013 for 281 Bill George Road – Tax Parcel #24.-4-2. The house has not contributed to the parking problems in the general area.

Chairperson Hurf Sheldon spoke with Mr. Trotter this morning. They had a lengthy conversation and concluded that most of Mr. Trotter’s concerns were not due to the variance given back in 2013. The Chairperson wanted to note that back when the letter was received on September 11, 2015, Lynn Day had gone down to check the area and make sure all was still in compliance.

Chairperson Hurf Sheldon wanted to put into the record that he received a certified copy of the Town Board Resolution 18-79 approving the 2018 Town of Lansing Comprehensive Plan. Sent and Certified by the Lansing Town Clerk.

Chairperson Hurf Sheldon adjourns the Meeting at 7:25 PM.

Minutes taken and executed by Sue Munson

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