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HomeMy WebLinkAbout2020-06-30 ZBA Minutes FinalPage 1 of 5 TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS Public Hearings/Meeting Minutes - Tuesday, 30 June 2020 – 6:30 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 (as noted by Board Secretary; no hard copy used) Michelle Anderson, Applicant; Jim Reeners, Applicant; Michael Reeners, John Woodward. 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 16 June 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, June 30, 2020 at 6:30 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 Michelle Anderson for property located at 3820 Route 11, Tax Map No. 87.04-01-09.000, for an Area Variance in the terms and conditions of Section 178-111B, to allow for a sign closer to the property line than allowed. 2. In the matter of the application of Jim Reeners for property located 1166 Tompkins Street, Tax Map No. 96.06-01-15.210, for an Area Variance in the terms and conditions of Section 178-2 (definition parking space) 76A(5), to allow for parking space size and square footage of commercial space less than allowed. The above applications are 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 30 June 2020 Page 2 of 5 PUBLIC HEARING #1 Michelle Anderson, Applicant/Reputed Owner – 3820 US Route 11 (Polkville) – TM #87.04- 01-09.000 – Sign Closer to Road Than Allowed Chairman John Finn recognized the applicant who was seeking an Area Variance to place a sign closer to Route 11 than allowed in conjunction with her seasonal business, The Little Treat Shop, as shown in the photo accompanying the application. She stated that complying with the required setback of 15 feet would put the sign inside the shop. This sign would replace a previous, larger, cracked sign on the property which advertised specials. Chairman Finn asked if there was anyone present who wished to speak on this matter, and there was, as follows: John Woodward – Asked PZO Bruce Weber how he felt about this application, and PZO Weber responded this was a decision of the ZBA, and his role is to help the applicant through the process. With everyone being heard who wished to be heard, Chairman Finn closed the Public Hearing at 6:38 p.m. DISCUSSION/DECISION Chairman Finn thought the request was necessary and did not block any visibility when entering or exiting the site. At the request of Chairman Finn, Member Bernice Potter-Masler 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: No. All Board Members present agreed. 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 - Potter-Masler, Bilodeau, and Finn. No - Karam. 4. Would the variance have an adverse impact on the physical or environmental conditions in the neighborhood? Finding: No. All Board Members present agreed. 5. Has the alleged difficulty been self-created? Finding: No. All Board Members present agreed. Minutes – Public Hearings - (T) Cortlandville Zoning Board of Appeals 30 June 2020 Page 3 of 5 With no further discussion, a motion was made by Member Carlos Karam to grant the area variance for a sign closer to the road than allowed, as requested. The motion was seconded by Member Tom Bilodeau, with the vote recorded as follows: Ayes: Chairman Finn Nays: None Member Bilodeau Member Potter-Masler Absent: Member Aloi Member Karam Motion carried. This becomes Action #12 of 2020. PUBLIC HEARING #2 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 Chairman Finn announced that the ZBA will only be considering area variances for parking space size and the square footage for commercial space, both requested to be less than allowed. Chairman Finn Recognized the applicant who explained that he was planning to develop a 30- unit, over-55 rental housing project and, in order to do so, would like to have an area variance that would allow the majority of the property to be used for residential use, and very little of the property for commercial use. The commercial use would be their own 36 ft. by 50 ft. maintenance building for housing equipment (lawn mowers, snowblower, etc.) for the planned project, along with an office for their own businesses. They are also planning a “significant space” to offer something like a community room. Mr. Reeners continued by explaining that he is seeking another area variance to have 9 ft. by 18 ft. parking spaces instead of the required 10 ft. by 20 ft. spaces, especially because each apartment has its own garage and driveway. Any visitor needing a wider parking space would be accommodated in the driveway. Utilizing these smaller spaces would result in a green space of a little over 50%. He did not see any reason to have more blacktop. Density of project is a little over five units per acre. Chairman Finn asked if there was a Site Plan that the Board could look at, and Michael Reeners showed a Sketch Plan to Board members. Chairman Finn asked if there was anyone present who wished to speak on this matter, and there were none. With everyone being heard who wished to be heard, Chairman Finn closed the Public Hearing at 6:55 p.m. DISCUSSION/DECISION At the request of Chairman Finn, Member Bernice Potter-Masler proceeded with the required questions (balancing test) for an area variance to allow square footage of a commercial space less than allowed; 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: No – Potter-Masler, Bilodeau, Finn. Yes – Karam. Minutes – Public Hearings - (T) Cortlandville Zoning Board of Appeals 30 June 2020 Page 4 of 5 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 – Karam. Yes – Potter-Masler, Bilodeau, Finn. 5. Has the alleged difficulty been self-created? Finding: Yes. All Board Members present agreed. Member Potter-Masler then proceeded with the required questions (balancing test) for an area variance to allow smaller parking spaces than allowed; 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: No – Potter-Masler, Bilodeau, Karam. Yes – Finn. 2. Can the benefits sought by applicant be achieved by other means feasible to the applicant? Finding: Yes. All Board members present agreed. 3. Is the requested variance substantial? Finding: Yes – Potter-Masler, Finn. No – Karam, Bilodeau. 4. Would the variance have an adverse impact on the physical or environmental conditions in the neighborhood? Finding: No. All Board Members present agreed. 5. Has the alleged difficulty been self-created? Finding: Yes. All Board Members present agreed. With no further discussion, a motion was made by Member Bilodeau to grant the area variance for the square footage of commercial space to be less than allowed, as requested. The motion was seconded by Member Karam, with the vote recorded as follows: Ayes: Chairman Finn Nays: None Member Bilodeau Member Potter-Masler Absent: Member Aloi Member Karam Motion carried. This becomes Action #13 of 2020. Board members then discussed the parking space size, with Member Bilodeau putting forth a motion to grant the area variance for the spaces to be 9 ft. by 18 ft. Member Karam seconded the motion. Member Bilodeau and Chairman Finn voted nay, and Members Karam and Bilodeau voted aye. Denied. Minutes – Public Hearings - (T) Cortlandville Zoning Board of Appeals 30 June 2020 Page 5 of 5 Member Potter-Masler stated she was concerned about the width of the parking spaces as proposed. Board members actually ascertained, online, the width of various vehicles. Member Karam asked about handicapped parking, and Michael Reeners responded that handicapped parking would be in each respective private driveway. After a lengthy discussion, a motion was made by Member Potter-Masler to grant the area variance for parking space size to be 10 feet by 18 feet. The motion was seconded by Member Bilodeau, with the vote recorded as follows: Ayes: Chairman Finn Nays: None Member Bilodeau Member Potter-Masler Absent: Member Aloi Member Karam Motion carried. This becomes Action #14 of 2020. APPROVAL OF MINUTES A motion was made by Member Bilodeau to approve the ZBA Minutes of 2 June 2020, as submitted. The motion was seconded by Member Karam, with the vote recorded as follows: Ayes: Chairman Finn Nays: None Member Bilodeau Member Potter-Masler Absent: Member Aloi Member Karam Motion carried. This becomes Action #15 of 2020. ADJOURNMENT At 7:20 p.m., on a motion by Member Potter-Masler, seconded by Member Karam, with everyone present voting in the affirmative, the meeting was adjourned. __ _________________ Joan E. Fitch, Board Secretary Draft emailed to KRP, AR, Bd. Members, JD, BW, DD, DC, KM on 7/31/20. Approved 8/25/20.