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HomeMy WebLinkAbout2020-06-02 ZBA Minutes FinalPage 1 of 6 TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS Public Hearings/Meeting Minutes - Tuesday, 2 June 2020 – 6 PM Water & Sewer Garage – Terrace Road – Cortland, NY Board Members (*absent) Others Present John Finn, Chairman Bruce Weber, Planning/Zoning Officer Thomas Bilodeau Joan E. Fitch, Board Secretary Joanne Aloi John DelVecchio, Town Attorney Bernice Potter-Masler Carlos Karam Applicants & Public Present Mario Clarke, Applicant; Jim Reeners, Applicant; Joshuah Finn, Applicant; Peg Baccaro, Bruce Martins, Mike Gibbons, Mickey Gibbons, Joan Farrell, Bill Peck. The Public Hearing was opened at 6 p.m. by Chairman John Finn, who read aloud the Legal Notice as published in the Cortland Standard on 20 May 2020, as follows: NOTICE IS HEREBY GIVEN that a public hearing before the Zoning Board of Appeals of the Town of Cortlandville will be held Tuesday, May 20, 2020 at 6 p.m. at the Cortlandville Water & Sewer Garage across the parking lot from the Raymond G. Thorpe Municipal Building, 3577 Terrace Road, in the Town of Cortlandville, New York, to consider the following applications pursuant to the 1986 Zoning Law: 1. In the matter of the application of Jim Reeners for property located 1166 Tompkins Street, Tax Map No. 96.06-01-15.210, for a variance in the terms and conditions of Section 178-2 (definition parking space) 764(5), to allow for parking space size and square footage of commercial space less than allowed 2. In the matter of the application of Mario Clarke for property located at 784 Blue Creek Road, Tax Map No. 85.00-08-10.000, for a variance in the terms and conditions of Section 178-13, to allow for a front yard less than allowed. 3. In the matter of the application of Source Renewables for property located on Locust Avenue, Tax Map No. 76.20-01-08.000, for a variance in the terms and conditions of Section 178-123.3D 3a, to allow for a ground-mounted, large-scale solar energy system in an R1 District. 4. In the matter of the application of Joshuah Finn for property located at 3553 Pendleton Street Ext., Tax Map No. 96.00-05-03.000, for a variance in the terms and conditions of Section 178-11, to allow for a storage building. The above application is on our website at www.cortlandville.org or at the office of Bruce A. Weber, Planning & Zoning Officer, Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, call (607) 756-7052 or (607) 423-7490. Persons wishing to appear at such hearing may do so in person, by Attorney, or other representative. Communications in writing in relation thereto may be filed with the Board or at such hearing. Attendance at the meeting will require you to wear a mask, practice social distancing, and consent to your temperature being taken. We request that only one member of the household attend due to space limitations. At this time the ZBA will only refer applications 1 & 3 to the Town Planning Board to act as Lead Agency for the SEQRA determination. The Planning Board will take up the matter at their meeting on June , 2020 at 7:30 p.m. in the Cortlandville Water & Sewer Garage across the parking lot from the Raymond G. Thorpe Municipal Building. John Finn, Chairman Zoning Board of Appeals (Note: Proof of Publication has been placed on file for the record.) Minutes – Public Hearings - (T) Cortlandville Zoning Board of Appeals 2 June 2020 Page 2 of 6 PUBLIC HEARING #1 Jim Reeners, Applicant/Church of the Redeemer, Reputed Owner – 229 & 1166 Tompkins Street – TM #s 96.06-01-15.210 & 96.31-01-11.000 – Parking Space Size & SF of Commercial Space Planning & Zoning Officer Bruce Weber announced that the Board cannot take any action on this variance request until the SEQRA determination is made, and that the Town Board needed a request to act as Lead Agency. With no further discussion, a motion was made by Member Joanne Aloi that the Town of Cortlandville Zoning Board of Appeals requests that the Town Board act as Lead Agency under SEQRA regarding a request for an Area Variance for parking space size and square footage of commercial space less than allowed. The motion was seconded by Member Tom Bilodeau, with the vote recorded as follows: Ayes: Chairman Finn Nays: None Member Bilodeau Member Aloi Member Potter-Masler Member Karam Motion carried. This becomes Action #7 of 2020. PUBLIC HEARING #2 Mario Clarke, Applicant/Reputed Owner – 784 Blue Creek Road – TM #85.00-08-10.100 – Front Yard Less Than Allowed Chairman John Finn recognized the applicant who was seeking an Area Variance to place a shed in the front yard of his property, closer to the property line than allowed, as shown on the annotated survey map accompanying the application. The shed would be 31 or 32 feet from the road, wherein 50 feet is required. Member Bilodeau asked Mr. Clarke if he could move the shed to comply with the required setback, and Mr. Clark responded that there was a gravel foundation that he could use, and to move the location of the shed would be more expensive; it’s also easily accessible to the driveway. No input has been received from the neighbors so far. With everyone being heard who wished to be heard, Chairman Finn closed the Public Hearing at 6:08 p.m. DISCUSSION/DECISION Member Bernice Potter-Masler commented that she understood why the applicant wanted to place the shed at the proposed location; it was much more convenient. Member Aloi noted that the applicant had stated in the paperwork that there were similar properties in the area that also had sheds closer to the property line than allowed. At the request of Chairman Finn, Member Aloi proceeded with the required questions (balancing test) for an area variance; the responses given by the ZBA members, were as follows: 1. Whether an undesirable change would be produced in neighborhood character or detriment to nearby properties? Finding: Yes. All Board Members present agreed. Minutes – Public Hearings - (T) Cortlandville Zoning Board of Appeals 2 June 2020 Page 3 of 6 2. Can the benefits sought by applicant be achieved by other means feasible to the applicant? Finding: No. All Board members present agreed. 3. Is the requested variance substantial? Finding: Yes. All Board members present agreed. 4. Would the variance have an adverse impact on the physical or environmental conditions in the neighborhood? Finding: No – Members Bilodeau, Aloi, Potter-Masler Yes – Member Karam & Chairman Finn. 5. Has the alleged difficulty been self-created? Finding: Yes – All members agreed. With no further discussion, a motion was made by Member Bilodeau to grant the area variance for a front yard setback, as requested. The motion was seconded by Member Potter-Masler, with the vote recorded as follows: Ayes: Member Bilodeau Nays: Chairman Finn Member Aloi Member Potter-Masler Member Karam Motion carried. This becomes Action #8 of 2020. PUBLIC HEARING #3 Source Renewables, Inc., Applicant/Gunzenhauser Real Estate, Reputed Owner – West Side of Locust Avenue – TM #76.20-01-08.000 – Solar Energy System in R-1 District Planning & Zoning Officer Bruce Weber again announced that the Board cannot take any action on this variance request until the SEQRA determination is made, and that the Town Board needed a request to act as Lead Agency. With no further discussion, a motion was made by Member Bilodeau that the Town of Cortlandville Zoning Board of Appeals requests that the Town Board act as Lead Agency under SEQRA regarding a request for a Use Variance to allow for a ground-mounted, large- scale solar energy system in an R-1 District. The motion was seconded by Member Aloi, with the vote recorded as follows: Ayes: Chairman Finn Nays: None Member Bilodeau Member Aloi Member Potter-Masler Member Karam Motion carried. This becomes Action #9 of 2020. Minutes – Public Hearings - (T) Cortlandville Zoning Board of Appeals 2 June 2020 Page 4 of 6 Joshuah Finn, Applicant/Reputed Owner – 3553 Pendleton Street Ext. – TM #96.00-05- 03.000 – Use Variance for Storage Building Chairman John Finn recognized the applicant who was seeking a Use Variance to construct a 12 ft. by 24 ft., give or take, storage building on this vacant 10±-acre property. His long-term plan, he said, is to build a house on this lot; in the meantime, he and his family use the property for walking the dog, bike riding, hiking, etc. He has equipment onsite (lawnmower and other equipment) that he stated was an “eyesore” and he would like to keep this in the proposed storage building which would be more than 250 feet from the road. He would like to have the barn-style storage building there before any house so he can utilize the land until such time as the house could be constructed. Chairman Finn asked if there was anyone present who wished to speak on this matter; there were, as follows: Peg Baccaro – 3415 Pendleton Street Extension – Lived there 43 years. Concerned about subject property which is not being taken care of to date. There’s a carport there (maybe about 12 by 20), construction material, equipment, and it’s an eyesore. Dump truck also parks in front of carport. There’s also some sort of trailer there. This stuff doesn’t belong on a “housing lot.” Bruce Martins – Lives Directly Across Street – Onsite trailer is not registered, there’s a backhoe there. It’s a nice area property. There’s been a chicken coop/chickens there, and also has been used for riding dirt bikes. Property as it is now is a detriment to the area. No problem with the shed if there was a house. Maybe should be some sort of time frame as to when house would be built. Mike Gibbons – 3535 Pendleton Street Extension – Lives right uphill from subject property. Showed photos of property as it exists “right now.” Unregistered RV, unsightly carport with construction equipment/lawnmower underneath it, something collecting rainwater with solar panel on top of it. Nice neighborhood w/new people moving in nearby. Bill Peck – Owns nearby property – Plans to build there, a house with a shed. Okay if house is constructed and property is “tidied” up. Joan Farrell – In area – Looks at visual pollution every day. Wants to see a house there, not what Mr. Finn has. Has to look at “paraphernalia over there” when sitting at her breakfast table. Has no private enjoyment of her property. Talked with owner before, but more stuff is being added there. “He’s infringing on our rights by allowing more visual pollution.” Would like to see beautiful home and not the paraphernalia. Mr. Finn, the appellant, was given a chance to respond to the comments. He stated it was not his intention to upset his future neighbors. Purchased the tractor to work on the land. His son has a small four-wheeler that he seldom uses. He’s only spoken to two neighbors only. Camper and other mobile equipment are fully registered. Carport is hidden and sheltered by trees so is obscured from the road. Does own a dump truck and now stores it elsewhere. Do not intend for there to be an eyesore. Sorry to hear that neighbors are frustrated. In response to Chairman Finn’s question, the applicant stated that he and his wife will continue to save in preparation for eventually building a house, but they may not do so. Member Bilodeau asked if the storage building was constructed, would the carport go away. Mr. Finn responded that if the storage building was big enough, the carport would not be necessary. He is working with Town CEO Kevin McMahon regarding the size of the proposed building. Member Aloi commented that she could appreciate someone wanting land for recreation/camping, etc., but this was not the appropriate place. Minutes – Public Hearings - (T) Cortlandville Zoning Board of Appeals 2 June 2020 Page 5 of 6 Mickey Gibbons – no address given – It is a neighborhood of families of all different ages. It’s a great place to raise a family. It’s fabulous!! That’s why I live here. Bought the house because of the view. View is starting to deteriorate with stuff on the subject property, which is not something we want to see in the neighborhood. With everyone being heard who wished to be heard, Chairman Finn closed the Public Hearing at 6:50 p.m. DISCUSSION/DECISION At the request of Chairman Finn, Member Aloi proceeded with the required questions (balancing test) for a use variance; the responses given by the ZBA members, were as follows: 1. Has the applicant demonstrated that the applicant cannot realize a reasonable return and that the lack of return is substantial and has been demonstrated by competent financial evidence? Finding: No. All Board Members present agreed. 2. Has the applicant demonstrated the alleged hardship relating to the property in question is unique and does not apply to a substantial portion of the district or neighborhood? Finding: No – Chairman Finn, Member Aloi. Yes – Members Bilodeau, Karam, Potter-Masler. 3. Has the applicant demonstrated that the requested use variance, if granted, will not alter the essential character of the neighborhood? Finding: No. All Board members present agreed. 4. Has the applicant demonstrated that the alleged hardship has not been self- created? Finding: No. All Board members present agreed. With no further discussion, a motion was made by Member Aloi to deny the use variance for a storage building. The motion was seconded by Member Karam, with the vote recorded as follows: Ayes: Chairman Finn Nays: None Member Bilodeau Member Aloi Member Potter-Masler Member Karam Motion carried. This becomes Action #10 of 2020. Member Bilodeau suggested to the applicant that he finalize the location, size, have a drawing showing what the proposed building would look like, and provide some guarantee that the issues raised would go away, the outcome could be more favorable. PZO Weber reminded the Board that they would have to vote unanimously to re-hear any future application for the same thing. Minutes – Public Hearings - (T) Cortlandville Zoning Board of Appeals 2 June 2020 Page 6 of 6 APPROVAL OF MINUTES A motion was made by Member Potter-Masler to approve the ZBA Minutes of 3 March 2020, as submitted. The motion was seconded by Member Bilodeau, with the vote recorded as follows: Ayes: Chairman Finn Nays: None Member Bilodeau Member Aloi Member Potter-Masler Member Karam Motion carried. This becomes Action #11 of 2020. ADJOURNMENT At 7 p.m., on a motion by Member Bilodeau, seconded by Member Aloi, with everyone present voting in the affirmative, the meeting was adjourned. __ _________________ Joan E. Fitch, Board Secretary Draft emailed to KRP, PR, Bd. Members, JD, BW, DD, DC, KM on 6/29/20. Approved 6/30/20.