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HomeMy WebLinkAbout2020-08-25 ZBA Minutes FinalTOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS Public Hearings/Meeting Minutes - Tuesday, 25 August 2020 - 6:30 PM Water & Sewer Garage - Terrace Road - Cortland, NY Board Members (*absent) John Finn, Chairman Thomas Bilodeau Joanne Aloi Bernice Potter-Masler (via Zoom) Carlos Karam Others Present Bruce Weber, Planning/Zoning Officer Joan E. Fitch, Board Secretary John DelVecchio, Town Attorney Applicants & Public Present (per Nick Alteri, C'ville Reception) Andrew Chavoustie, Applicant; Mike Whitlock for Patrice Whitlock, Applicant; John Turkow, Shannon Hale, David Spotts. The Public Hearing was opened at 6:30 p.m. by Chairman John Finn, who read aloud the Legal Notice as published in the Cortland Standard on 12 August 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, August 25, 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 Patricia Whitlock for property located at 526 Hoy Road, Tax Map No. 85.00-05-02.000, for an Area Variance in the terms and conditions of Section 178-13, to allow for a front yard less than allowed. 2. In the matter of the application of Andrew & Debbie Chavoustie for property located 4493 Route 41, McGraw, NY, Tax Map No. 88.16-01-11.100, request for a rehearing of Use Variance granted in March 1996. The above applications are on our website at www.cortlandville.or,�z 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. John Finn, Chairman Zoning Board of Appeals (Note: Proof of Publication has been placed on file for the record.) I PUBLIC HEARING # 1 1 Patrice Whitlock, Applicant/ Michael & Patrice Whitlock, Reputed Owners - 526 Hoy Road - TM #85.00-01-01.000 - Front Yard Less Than Allowed Chairman John Finn recognized Michael Whitlock, representing the applicant who was seeking an Area Variance to construct a 26 by 32 -foot garage on this parcel, as shown on the annotated survey maps accompanying the application. The new garage would replace a smaller shed that has been on the property for over 30 years which also had the same setback. However, this Page 1 of 4 Minutes - Public Hearings - (T) Cortlandville Zoning Board of Appeals 25 August 2020 proposed building is larger and does not meet the required setback distance. To adhere to the required setback would interfere with the property's drainage, according to Mr. Whitlock. Chairman Finn asked if there was anyone present who wished to speak on this matter; there was no one. With everyone being heard who wished to be heard, Chairman Finn closed the Public Hearing at 6:34 p.m. DISCUSSION/DECISION At the request of Chairman Finn, Member Joanne 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: 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: No. All Board members present agreed. 4. Would the variance have an adverse impact on the physical or environmental conditions in the neighborhood? Finding: No. All Board Members present agreed. S. Has the alleged difficulty been self-created? Finding: No. All Board Members present agreed. With no further discussion, a motion was made by Member Tom Bilodeau to grant the area variance for a front yard less than allowed, as requested. The motion was seconded by Member Joanne 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 #16 of 2020. I PUBLIC HEARING #2 1 Andrew & Debra Chavoustie, Applicants/ Reputed Owners - 4493 NYS Route 13 (McGraw) - TM #88.16-01-11.100 - Rehear Use Variance Granted March 1996? Chairman Finn recognized Andrew Chavoustie who was seeking a rehearing of the Use Variance granted to the applicants in March 1996 which allowed the placement of a second residence on the subject property to be occupied by Mr. Chavoustie's parents (the mother has MS) and their Page 2 of 4 Minutes - Public Hearings - (T) Cortlandville Zoning Board of Appeals 25 August 2020 handicapped son. The dwelling was required to be removed within six months from the date of parental non -occupancy. The applicant stated the subject residence was worth $14,000 and it would cost $10,000 to move it from the premises. He stated he has an adult son who does not work and has issues, thereby necessitating that he keep "an eye on him." The Minutes of that 1996 meeting were reviewed by the Board. Planning/Zoning Officer Bruce Weber explained to them that was being requested was to rehear the variance. "If you make the decision to rehear, and it takes a unanimous vote of this Board, he will then fill out a Use Variance application and that will then be the basis for a decision at a public hearing. The meeting tonight is only to determine whether you will consider to rehear." Chairman Finn asked if there was anyone present who wished to speak on this matter, and there were, as follows: John Turkow - 4481 NYS Route 13 - Next door neighbor, partially borders Chavoustie property. In process of selling his house and having the second residence on the Chavoustie property "and it could hurt the sale of this." Was told when he bought the house that the house would be removed once his parents no longer needed it. Shannon Hale - 4477 NYS Route 13 - Borders the subject property. Bought her house in 2010 and never had any issues with Mr. Chavoustie's parents. Researched how house got back there and found out about variance. The parents passed away more than three years ago and the terms of the variance went unnoticed. Concerned the removal requirement was never brought to anyone's attention by Mr. Chavoustie "when he should have." People living there now "have screamed and swore at me and my children..." Had surveyors come because existing property stakes had been pulled out and they, too, were screamed and swore at when they were on her property. The applicant and his wife are "empty nesters" and have a very large four- bedroom home that his son could move into until he could keep a job and move into a home of his own. In addition, she said, the creek has washed away some of the land and the second residence is now closer to the creek than it ever has been because of the eroding. She believes that the tenant he wants to live in the second home is "an unsafe individual." Mr. Chavoustie also did not follow the proper protocol to have the residence removed as required. She's also considering selling her home in the near future and believes the subject residence will affect her property values as well. There's a garage there that has been built since the parents were there, and she believes that there's more value on their property than is being assessed. Hopes the home is removed. The applicant then spoke to Ms. Hale and stated, "It's totally wrong to even assume that somebody has mental issues." Town Attorney John DelVecchio explained that the reason this matter is in front of the Town ZBA at this time is because a formal complaint had been made to the Code Office and, after there investigation of the matter it was determined that there was a violation was in order. The variance had lapsed and a violation notice was issued. That, in turn, led to this request for a rehearing. Attorney DelVecchio stated he took the position that the Town should suspend further enforcement until the matter came before this Board. If the Board decides by unanimous vote to rehear the variance, he stated, the suspension of the enforcement will continue; if the Board denies the request, then he will take further action to see the violation notice through. Chairman Finn then read the relative portion of the March 1996 ZBA Minutes. With everyone being heard who wished to be heard, Page 3 of 4 Minutes - Public Hearings - (T) Cortlandville Zoning Board of Appeals 25 August 2020 Chairman Finn closed the Public Hearing at 6:52 p.m. DISCUSSION/DECISION Member Bernice Potter-Masler commented that it is clearly over the six months allotted to remove the home, as it was no longer needed by the parents in August 2015 "which is clearly outside of the variance that was granted to them." PZO Weber then explained the procedures that will occur if the Board decides to rehear the variance. With no further discussion or comments, a motion was made by Member Bilodeau to rehear the variance request. The motion was seconded by Member Carlos Karam, with the vote recorded as follows: Ayes: None Nays: Member Aloi Member Potter-Masler Motion denied. This becomes Action #17 of 2020. (It is noted for the record that the first two votes recorded, as above, were nays; therefore, with a unanimous vote required in the affirmative to carry the motion, no further votes were taken.) In response to a question from the audience regarding this appeal, Attorney DelVecchio advised that the subject property is not in compliance with the Code and, depending on what the owners decide to do, if they don't do anything, the Town Attorney's office will commence what is called a "quasi criminal enforcement action." This will be an attempt to get the property owner to come into compliance with the Code. There are some complicated legal issues involved with this, he said. APPROVAL OF MINUTES A motion was made by Member Potter-Masler to approve the ZBA Minutes of 30 June 2020, as submitted. The motion was seconded by Member Bilodeau, with the vote recorded as follows: Ayes: Chairman Finn Nays: None Member Bilodeau Member Potter-Masler Abstain: Member Aloi Member Karam Motion carried. This becomes Action #18 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. J n E. Fitch, Board Secretary Page 4 of 4 Draft emailed to KRP, AR, Bd. Members, JD, BW, DD, DC, KM on 8/30/20. Approved 9/23/20.