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HomeMy WebLinkAbout2020-10-27 ZBA Minutes FinalPage 1 of 4 TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS Public Hearings/Meeting Minutes - Tuesday, 27 October 2020 – 6:15 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 (per Nick Alteri, C’ville Reception) Gina Sikora, Applicant; John Constantino, Applicant. The Public Hearing was opened at 6:15 p.m. by Chairman John Finn, who read aloud the Legal Notice as published in the Cortland Standard on 14 October 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, October 27, 2020 at 6:15 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 Gina & Robert Sikora for property located at 3090 Clute Road, Tax Map No. 107.00-02-06.000, for an Area Variance in the terms and conditions of Section 178 -13A to allow for a front yard less than allowed. 2. In the matter of the application of Demetrios Souzas/John Constantino for property located 3554 NYS Route 281, Tax Map No. 95.16-01-17.100, for an Area Variance in the terms and conditions of Section 178-111 B & Table 2, note 2a, to allow for a sign closer to property lines and with a height greater 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. 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. 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 27 October 2020 Page 2 of 4 PUBLIC HEARING #1 Gina & Robert Sikora, Applicants/Reputed Owners – 3090 Clute Road – TM #107.00-02- 06.000 – Front Yard Less Than Allowed Chairman John Finn recognized Gina Sikora who was seeking an Area Variance to construct a 30 ft. by 40 ft. four-car garage at the location shown on the annotated map accompanying the application. The setback requirement from the road is 60 feet, and the placement of the garage is proposed to be 35 feet. Ms. Sikora stated that due to the topography; the only other place it could fit is on a steep slope. Their well is on the other side of the house, and the septic system is at the rear of the house. 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 6:22 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 – Chairman Finn, Members Bilodeau, Aloi & Potter-Masler. Yes – Member Karam. 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. All Board Members present agreed. 5. Has the alleged difficulty been self-created? Finding: No – Members Bilodeau & Karam. Yes – Chairman Finn, Members Aloi & Potter-Masler. 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 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 #24 of 2020. Minutes – Public Hearings - (T) Cortlandville Zoning Board of Appeals 27 October 2020 Page 3 of 4 PUBLIC HEARING #2 Demetrios Souzas & John Constantino, Applicants/Apodotia BDS 44 LLC, Reputed Owner – 3554 NYS Route 281 – TM #95.15-01-17.100 – Area Variance for Sign Chairman Finn recognized Mr. Constantino who was seeking an Area Variance to erect a 16-ft. high sign ten feet from the right-of-way and ten feet from the property line, as shown on the annotated survey map accompanying the application. Chairman Finn commented that he was concerned about visibility of traffic exiting the subject property. Member Aloi noted that the bottom panel of the sign will be at a height of eight feet. Mr. Constantino said they may want to change the sign next year, and PZO Weber advised that if he wanted something else, they would have to come back before the Board. The present sign was there before State Route 281 was widened. Current sign height limitation is eight feet. 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 6:26 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: 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. All Board Members present agreed. 5. Has the alleged difficulty been self-created? Finding: No. All Board members present agreed. With no further discussion, a motion was made by Member Aloi to grant the Area Variance for the sign closer to the property lines and with a height greater 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 Aloi Member Potter-Masler Member Karam Motion carried. This becomes Action #25 of 2020. Minutes – Public Hearings - (T) Cortlandville Zoning Board of Appeals 27 October 2020 Page 4 of 4 PUBLIC HEARING #3 Source Renewables, Inc., Applicant/Gunzenhauser Real Estate, Reputed Owner – West Side of Locust Avenue – TM #76.20-01-08.000 – Use Variance – Solar System in R1 District Chairman Finn announced that the applicant would like this matter postponed. A motion was then made by Member Bilodeau to postpone this request for a Use Variance, as requested. 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 #26 of 2020. APPROVAL OF MINUTES A motion was made by Member Potter-Masler to approve the ZBA Minutes of 23 September 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 Member Aloi Member Karam Motion carried. This becomes Action #27 of 2020. ADJOURNMENT At 6:45 p.m., on a motion by Member Aloi, 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 11/07/20. Approved 11/24/20.