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Home My WebLink About19871 +i CORTLANDVILLE ZONING BOARD MINUTES - 1987 RESOLUTION PAGE 1 MR. AND MRS. WILLIAM WHITAKER VARIANCE APPROVED 1 2 PLACE, CROSS, & FLATT VARIANCE DENIED 2 3 T&T AUTOS VARIANCE TABLED 3 4 NY ATLANTIC INLAND VARIANCE APPROVED 4 5 ROBERT J. SWEENEY VARIANCE APPROVED 5 6 FIRST NATIONAL BANK OF CORTLAND VARIANCE APPROVED 6 7 PARK OUTDOOR ADVERTISING VARIANCE APPROVED 7 8 RON & MARYELLEN HARTLEY VARIANCE APPROVED 8 9 JOHN MARVIN VARIANCE APPROVED 9 10 GARY LYON VARIANCE DENIED 10 11 GERALD -)& DIANA RULISON VARIANCE APPROVED 11 12 GARY & CYNTHIA EBERHART VARIANCE APPROVED 12 13 JOHN MORSE VARIANCE APPROVED 13 14 MICHAEL COLE VARIANCE APPROVED 14 15 KENNETH & ROSEMARY DEMEREE VARIANCE APPROVED 15 16 T.J. MARSHALL VARIANCE APPROVED 16 17 REVIEW GARY LYON APPLICATION VARIANCE TABLE 16 18 LORETTA ECKEL VARIANCE APPROVED 17 19 20 MARGARET COMPAGNI VARIANCE DENIED 19 21 GARY LYON VARIANCE DENIED 21 22 PALL TRINITY MICRO CORP. VARIANCE APPROVED 23 23 KENTUCY FRIED CHICKEN VARIANCE APPROVED 24 _. 24 JIM MAY VARIANCE APPROVED 25 CORTLANDVILLE ZONING BOARD MINUTES - 1987 25 NEIL JACKSON VARIANCE APPROVED 26 26 DALE BYRON VARIANCE APPROVED 27 27 TYLER SECORD VARIANCE APPROVED, 28 28 JOHN LAFIAN VARIANCE APPROVED 29 29 KENNETH RIPLEY VARIANCE APPROVED 30 30 JAMES STEVENS JR. VARIANCE APPROVED 31 31 GERALD L. SABER VARIANCE APPROVED 32 32 WILLIAM STUPKE VARIANCE APPROVED 33 33 LEE AMBROSE VARIANCE APPROVED 34 34 L.C. NIEDERHOFER VARIANCE APPROVED 36 40 • MINUTES OF THE ZONING BOARD APPEALS AS OF JANUARY 6. 1987 Public Hearing was held at the Town Hall on the above date at 7:30 p.m. at 15 Terrace.Road, Town of Cortlandville. Members present were, Chairman David Plew, Jacqueline Rosen Oscar Taylor also CEO. Bruce Weber and Mr. & Mrs. William Whitaker. The members having studied the sketch plan and the application of Mr. Whitaker, Chairman Plew asked if the Board was ready to make a motion, THEREFORE, after a 'brief discussion, Mr. Taylor made the motion to approve of the application of -Mr. Whitaker, a seconded 'by Jacqueline Rosen, this was unanimous and 'becomes RESOLUTION # 1--87. M. Brookins, 9@8T@bary E6. Minutes of Athe Zoming Board of Appeals, following Public -Hearing -on. Marxh:- 3,' '.2987 .6t -77,00 pymt,. at, the -Town;' Hali.f. 15 Tes=ace "Road. Present were, Chairman David'Plew, Thomas Bilodeau john -Finn. Jacqueline Rosen ascar;Taylor a'lso.Secretary,-M. Brookins _ CEO.:Bruce Weber Hawing reviewed the reAort�ok the Cortland -"County Planning Boland see their- Resolution #' 87-4, and tevlewing the maps= as::psreseinte',., by the_ applicants, Place Goss. anO''71att, and. after `'' lengthy- dis- cussion_with applicants and'area residents, the Zoning Board felt they, mtust deny this application for a variance. roo ins, ecretary,. Hing ;oar.. o mea s Abstenation i l", " Pge. 4. Minutes. 'following Publis Hearing (T & T Autos) Mar.26,1987 ZONING BOARD OF APPEALS Members of the ZBA as follows, Pre.seng,Chairman David Plew, Thomas Bilodeau John Finn Jacqueline Rosen Oscar Taylor <- Alos Code Enforcement Officer, Bruce Weber -and M. Brookins, Secretary All members having reviewed the report from the Cortland County Plan« Ing Board returned for local determination and reviewing.the"application of Mr. Gauthier, the applicant who was not present and having some questions regarding other signs on said property which the Board would like to see removed, the Board felt there could be no clear decision at this time, however, there was no objection for the proposed plan for -the flood lights and flower bed at the base of said proposed sign, THEREFORE, Motion was made by Chairman Plew, seconded by Oscar Taylor, that -this application be tabled until such time as Mr. Gauthier could be present for questions and clarification regarding old signs. This motion was passed unanimously and becomes RESOLUTION # 3-87. This meeting adjourned. CEO,Bruce Weber will inform Mr. Gauthier as to the next PH Date. M. Brookins, Secretary (3) Y (4) P. e.S Fifneates -of the Abbeals Bayard (Har.26, 78) ICY Atlanttc Inland Inc. i Following a Public Hearing , the Appeals Board met: ire executive Sessi-oh. Chairman David Plew, Thomas Bil-odeau John -Fin -in Jacqueline Rosen Oscar Taylor Code.lEnforcement Officer , Bruce Weber -M. Brookins, Secretary :A11 :mambo" of. the Appeal_, Board reviewsed',the report of the Cor�Iand:;:" manning Gounty�Bearai, .see.their Resolution # 87-9., 0/18/89., application to be approved subject to meeting parking and minimum yard, requirements which will: be determined by the local Platting- Board. Having heard also the statementsfgom.Mr, Hinkle and Fir., tlbur an�E < - after.some discussion --a motion was made by -Fir-. Taylor, isecondea3-by J* , -Rosen -that, this application- be approved. ,for a variance and. -further, - that. this_ :be...sent to- the Town Planning 46ard for a,.Site Plan.. approval. This motion was passed. unanimously -and E 6cames RtSOLUTI0N_ 0''.4..8.9. This meeting mas adjourned, Public Hearing 30_ Robert J. Sweeney Jr,. -follows-.* .M. Brookins,. Secretary -PSO Ajo Hinutess- Har.26t 1987, Robert Jo Sweeney 4ri (Varionce) Following a public. hearing he on the above date, 'thee ZM met In an executive,,,pession -to review -application of Robert- J. Sweeney Jr* for a, Vdiance to have a isign 30 x W, at hid hmms, this vould -be a regular Dealership Sign and does not appear to have 'significant". State or - County impact, tine staff at Cortland County Planning Department* - has recompudeds, Town determinations' Members of'the ZBA*., Chairman David Pier Thomas Biladeau John Finn 4acqueline Rosen Oscar Taylor The Board membeft having reviewed the report of the CountyPlanting Board in discussion appeared to have no questions or further-, comments's, Therefore# Motion was made by Thows Biledeaux. sedonded by-4-ohn Finn. thdt- this application for a variance be approved. - Thit Wo's unanimous and becomes,ftESOLUTION # 5.87. This meeting_ now adjourned* Rmt. on, the -,agod 0r,<,Public floating dorvarlance -regaiding �sftas at- Wewj First Grown Ave. Ext. 1-1. Brookins, Secretary Pae. 4. ZBA Minutes, Mar. 26, 1987, First National Banks (Logo, S"igns:') ZBA Board Members: Chairman David Plew Thomas Bilodeau John Finn Jacqueline Rosen Oscar Taylor Code Enforcement Officer, Bruce Weber, Chairman Plew asked the Board.Members if -they had any questions in regard to the application of the First National Bank for a variance In relation to Logo Sign's at their new offices on Groton Ave Ext. Since everyone had a copy of the report,from-Cortland County -Planning Board and being satisfied with,their review and discussion of this application, Motion was made by John Finn, seconded by Chairman, Flew that this variance be approved for the First National Bank, This motion was unanimous and becomes RESOLUTION # 6-87. There being no further business at this time, meeting was adjourned. M. Brookins, Secretary ( 6) Page 4, Minutes of meeting; following a Public Hearing held May 5, 1987, in the Town Hall at 7:30 p.m. �q/L!� 0�0�2 /�l�cle27'is�tiG, Appeals Board Members present were: Chairman David Plew Thomas Bilodeau John Finn Jacqueline Rosen Oscar'Taylor Also: _present, Code Enforcement Officer, Bruce Weber All members being familiar with -the location of this sign and following an in depth discussion, -Chairman Pleat recom- mended there be an approval period of 4 weeks, THEREFORE: Motion was made by John Finn, seconded by Thomas Bilodeau that this variance be granted subject to a 4 week approval period, -during that time if no legitimate complaint has been brought to the Board or to CEO.Bruce Weber, that this variance stands approved. This was passed unanimously and becomes Resolution # 7-87. M. Brookins, Secretary Pge 4, Minutes, following a Public Hearing held at the Town Hall, May 5,1987 at 7:35 p.m. Members of Appeals Board,present: Chairman David Plew Thomas Bilodeau John Finn Jacqueline Rosen Oscar Taylor also Code Enforcement Officer, Bruce -Weber All members having reviewed the application of Ron and Mary Ellen Hartley as well as the sketch as presented with his application, and after further discussion, Motion was made by Oscar Taylor and seconded by Thomas Bilodeau that this application for a variance be approved. This was passed unanimously and becomes Resolution # 8-87. The Appeals Board will now proceed with Public Hearing # 3, at 7:40 p.m.. M. Brookins ,Secretary qI Pge.4 Minutes of the Appeals Board, following a Public Hearing at 7:40 p.m. at the Town Hall. Appeals Board Members present: Chairman David Plew Thomas Bilodeau John Finn Jacqueline Rosen Oscar Taylor also present, Code Enforcement Officer,Bruce Weber All members having reviewed application and sketch of the application of John Marvin for a variance to allow the addition of a deck; Motion was made by John Finn, seconded by Thomas Bilodeau that this variance be granted. This motion was unanimous and becomes Resolution # 9-87. M. Brookins, Secretary 00) Minutes of the Appeals Board following a Public Hearing held at 7:45 p.m. in the Town Hall, May 5, 1987. Appeals Board Members present: Chairman David Plew Thomas Bilodeau John Finn Jacqueline Rosen Oscar Taylor also present ,Code Enforcement Officer, Bruce Weber After a lengthy discussion and having heard comments and questions during the Public Hearing, Mr. Plew asked if they were ready to make a motion, THEREFORE; due to the anticipated increase of traffic and other neighborhood problems such as parking and safety for children, John Finn made the motion, seconded by Thomas Bilodeau that this application for a variance requested by Gary Lyon be denied. - This motion was unanimous and becomes Resolution # 10-87. M. Brookins, Secretary 0/) Minutes of the Zoning Board of Appeals,following a Public Hearing 7;50 p.m., held in the Town Hall, May 5, 1987. Appeals Board Members present: Chairman Plew Thomas Bilodeau John Finn Jacqueline Rosen Oscar Taylor Also Code Enforcement Officer ,Bruce Weber After further review of the application and Letter from Gerald and Diana Rulsion, and since there were no more questions, Motion was made by David Plew that this application for a Variance be approved. This motion was seconded by Thomas Bilodeau, This was unanimous and becomes Resolution # 11-87. There being no further business at this time, meeting was adjourned. M. Brookins, Secretary Page A._. Minutes of the public hearing held May 27,1987,7:30 p.m. Request of Gary and Cynthia Eberhart to build a house on Lot # 8 Lyncort Drive. Members of the Zoning Board of Appeals present were, Chairman David Plew Thomas Bilodeau John Finn Jacqueline Rosen Oscar Taylor also present, Code Enforcement Officer, Bruce Weber Chairman Plew, all of the members have had an opportunity to review the application and sketch of land in question at the public hearing. You also have had a copy of the County Plan- ning Board which states that this application on the grounds that it meets the practial difficulty and -unnecessary hardship conditions required -for approval of such variance. If the members are in agreement and with out any further dis- cussion, I would like to make the motion to approve of this variance, this motion was seconded by John Finn and unanimously carried, This becomes RESOLUTION # 12-87. We will now proceed with Public Hearing # 2 M. Brookins, Secretary Page 4,Minutes of the second public hearing held May 27,1987 at 7:35 p.m. at request of John Morse, for a variance. Mem bers of the Zoning Board of Appeals: Chairman David Plew Thomas Bilodeau John Finn Jacqueline Rosen Oscar Taylor Also present, Code Enforcement Officer, Bruce Weber, Chairman Plew: All of the Board members have reviewed the application of John Morse, for a variance . You have had the opportunity to review,the map and the site at 20 Lamont Circle Mr. Morse has clarified to Board member Taylor, in regard to any interference with N.Y.Tel. service, Are there any further questions or comments you wish to make, if not, and since no one appeared to object to this variance, I would like a motion from this Board; Therefore, motion was made by Bilodeau and seconded by Rosen that this variance be approved. This motion was carried unanimously and becomes RESOLUTION #13-87. We will now proceed to public hearing # 3. M. Brookins, Secretary Page 4, Minutes of the third public hearing held May 2,1987 at 7:40 p.m. Request of Michael Cole for a variance. Members of the Zoning Board of Appeals, Chairman David Plew Thomas Bilodeau John Finn Jacqueline Rosen Oscar Taylor Also present, Code Enforcement Officer, Bruce Weber Chairman Plew, You all have had the opportunity to view the site and review the application and map as presented by Michael Cole, McDonald Road. Do you have any further questions or comments in regard to this application. Mr. Taylor, I feel there could be a hardship here if this application were not approved, Therefore, I would make a motion that this application for a variance be approved, this motion was seconded by John Finn and was unanimous and becomes RESOLUTION # 14-87. , Chairman Plew: This meeting is closed and we will now proceed with Public Hearing # 4. M. Brookins, secretary Page 4 ----- Minutes of the 4th. public hearing, May 2'x,1987 Requested by Kenneth and Rosemary Demeree, for a variance to build home,(McDonald Road.) Members of the Zoning Board of Appeals, Chairman David Plew Thomas Bilodeau John Finn Jacqueline Rosen Oscar Taylor Also present, Code Enforcement Officer, Bruce Weber. Chairman Plew: You all have had the opportunity to see the site and to review the application for a variance, also, you have had the report from the County Planning Office, the recommendation of the County Staff, recommends approval of this minor subdivision. Do you have any more questions or wish to discuss this further, if not, and since no one has appeared to object to this application, I would like to make a motion that this application for a variance to build this home on McDonald Road be granted. This motion was seconded by John Finn and becomes RESOLUTION # 15 -87., all voting unanimously in favor. Chairman Plew: We will now proceed with Public hearing # 5. M. Brookins, Secretary �L Page 4, Minutes of public hearing # 5, held May 27,87 at 7:50 p.m. Requested by T.J. Marshall for a variance (Signs) Members of the Zoning Board of Appeals Chairman, David Plew Thomas Bilodeau John Finn Jacqueline Rosen Oscar Taylor Also present, Code Emforcement Officer, Bruce Weber Chairman Plew: All of you have a copy of each sign, Let us take one at a time and come to a decision,. After discussing sign # 1, everyone agreed this was acceptable. # 2 sign, according to Mr. Weber, this sign must be 10X10, and then will be acceptable. Sign # 3 is not acceptable and must be re- moved. Sign # 4 is acceptable as is, discussion ended. It is noted the County recommends to the ZBA that they carefully monitor the sign variances in the area as one exception would open doors for others to make similar requests thereby resulting in the area being littered with all kinds of signs. County Recommendations will be on file with this report. Motion was made by Oscar Taylor that the Board approves of # 1 as is, # 2,changed to 10 X 10 and # 4 accepted. # 3 is not needed and must be removed. This motion was seconded by Chairman Plew and was unanimous, becoming RESOLUTION #-16-87/. Motion was also made at this time by Thomas Bilodeau that at the next scheduled ZBA meeting that the application of Gary Lyon for a variance be reviewed. This motion was seconded by Rosen and becomes RESOLUTION # 17-87:. Meeting now adjourned. MINUTES OF THE ZONING BOARD OF APPEALS, TOWN OF CORTLANDVILLE, June 23, 1987, held in the Town Hall. 7:30 O'clock p.m. Members of the Zoning Board of Appeals: Chairman David Plew Thomas Bilodeau,(A) John Finn Jacqueline Rosen Oscar Taylor Also present, CEO. Bruce Weber., Attorney Leslie Cohen, Dr. and Mrs. Eckel, Larry Matson and one or two persons from Highland Road area. The Board members present having reviewed the application signed by Loretta Eckel requesting a variance in order to place an enclosed pool at -the rear of her home and taking in to con- sideration that no one appeared objecting to this application the Board were in agreement that this variance be approved, THEREFORE, motion was made by Chairman Plew,.seconded by John Finn that this application for a variance is approved and becomes, RESOLUTION #_ 18 Copies of the Public Hearing will be filed at the Town Clerk's Office, also, minutes following the hearing. M. Brookins Secretary b �Y 0 P ) Second Public Hearing scheduled for 7:35 p.m. June 23, 1987 Minutes of the Zoning Board of Appeals, Town of Cortlandville, June 23, 1987, held in the Town Hall, 15 Terrace Road. Members of the Zoning Board of Appeals: Chairman, David Plew Thomas Bilodeau (A) John Finn Jacqueline Rosen Oscar Taylor _, present, CEO. Bruce Weber Following the public hearing regarding the application of Gary Lyon for a variance at his Delaware Ave location, there was more review and much discussion, Mr. Plew stated the Appeals Board wanted to show consideration for the applicant as well as to the many area residents who attended this public hearing and voiced their objections to said variance, Board members were all in agreement that there were certain aspects they felt should be discussed with the Town Attorney,Phil. Rumsey. The CEO. must know the extent of his authority if certain restric- -tions seemed necessary; Therefore,the Appeals. Board will delay any decision until consulting with Town Attorney Rumsey and a further public hearing will then be scheduled. This meeting is now adjourned.. M. Brookins, Secretary Minutes of the Appeals Board, 8/11/87,M.Compagni, Variance Meeting was held in the Town Hall, 15 Terrace Road following a public hearing at 7:30 p.m. Board Members; Chairman David Plew Thomas Bilodeau John Finn Jacqueline Rosen Oscar Taylor also present, Code Enforcement Officer, Bruce Weber. In reviewing Mrs. Compagni's 4pplication for a variance to put a mobile home in a business District. In a business zone single and two family dwellings are allowed by right on a lot 6,000 sq. ft. plus 1,000 DU/ in size,However, this does not apply in this case either as the house trailer would constitute -a .,gec-end dwelling on the same lot.. The Cortlandville Zoning Regulations allow its ZBA to grant variances where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of the local law, This has not been demonstrated by the applicant. This application would be for Mrs. Compagni's, sister. You all have a copy of the letter sent by Mrs. Compagni, stating her reasons for requesting a variance. She wishes to set up a house trailer on a temporary basis until she can find housing that she can afford. She needs to be near stores, pharmacy store,hospital, all within walking distance as she has no personal means of transportation. I think you all have had time to review this application, I would like to make a motion to deny this application for a variance, John Finn seconded this motion and this was unanimously passed by the.Zoning Board and becomes, RESOLUTION NO.20-87 This executive session closed. M. Brookins, Secretary i (20) Minutes of the Appeals Board/8/11/87, Application of Gary Lyon. This meeting was held in the Town Hall, 15 Terrace Road, following a Public Hearing. 7:35, p.m. Board Members; Chairman David Plew Thomas Bilodeau John Finn Jacqueline Rosen Oscar Taylor also present Code Enforcement Officer, Bruce Weber. There were many Town residents present from the Delaware, Louise and Isabel Streets, John Woodward presented another petition with more names objecting to this application. Calling the meeting to order Chairman Plew informed the members that Mr. Taylor would obstain from voting on this application due to his having substantial connections with Overhead Door Company who is a major customer of Mr. Lyons and for whose vehi.cies the expansion is intended to service. After considerable discussion Chairman Plew offered the motion that this application be denied. This was seconded by John Finn. Jacqueline Rosen voted aye, for approval, Thomas Bilodeau was undecided at this point. At this time, Attorney Wm. Pomeroy asked if they would reopen the public hearing so that he could clarify why this would be a -hardship if this variance was not granted. He wished to call attention to a letter from Mr. Marstead of the Overhead Door Company. Page 2 of minutes of the Appeals Board, 8/11/87 Chairman Plew asked the Board members to think everything through once again and after some further discussion, he advised the Board that he was going to make a motion that this application for a variance be denied, he feels there is no factual indication that this will create an economic hardship. This motion was seconded by John Finn, Thomas Bilodeau voted to deny this application, Jacqueline Rosen, voted to approve Oscar Taylor, abstained. There being no further business, this meeting was adjourned This will be RESOLUTION # 21 M. Brookins Secretary (22) To be included with the minutes of the Zoning Board of Appeals as of August 11/87. Chairman Plew had received a petition by mail from Gary Lyon , with 40 signatures who were in favor of Gary Lyon having a variance. This was inadvertently left out of the minutes but as of this date will be added and a record filed with the Town Clerk, In casual discussion Chairman Plew had stated to the Board that he hoped they could proceed with the meeting in lieu of petitions or other factors and keep in mind the Town of Cortlandville's Zoning Laws. M. Brookins, Secretary August 18,1987 W-2 MINUTES OF THE APPEALS BOARD, September 8, 1987 at 7:30 P.M. Appeals Board meeting was held in the Town Hall at 15 Terrace Road following a public hearing at 7:30 All members of the Appeals Board were present, Chairman David Plew Thomas Bilodeau John Finn Jacqueline Rosen Oscar Taylor alsD present: Code Enforcement Officer, Bruce Weber, Nicholas Renzi, President, PTM and several other , Town Residents. In reviewing the application of Pall Trinity Micro Corp. It is noted that this application was referred to the County Plan- ning Board on a GML Form, and that at their meeting of August 19 ,87, the County Board recommended approval for a conditional permit and bulk variance. After further discussion Chairman Plew offered a motion that this application be approved, THEREFORE, motion was made by Jacqueline Rosen, seconded by John Finn, that this application be approved by the'Cortlandville Planning Board. This motion was unanimous and becomes RESOLUTION # 22-87 M.Brookins, Secretary (24-) MINUTES OF THE Appeals Board, September 8, 1987, following a Public Hearing at 7:35 p.m.. Appeals Board meeting held on the above date, at 15 Terrace Road, Town Hall, Town of Cortlandville. All members were present: Chairman David Plew Thomas Bilodeau John Finn Jacqueline 'Rosen Oscar Taylor Also present, Code Enforcement Officer, Bruce Weber, Scott Edwardson and Paul Harris ( representing, Kentucky Fried Chicken) and several Town residents. After review and discussion of the application of Kentucky Fried Chicken for a variance to enable them to have an illuminated tower sign ,.and noted at this time that this application having been referred to the County on a GML Form at their meeting of August 19, 1987, and that the County does recommend that this appli _ation be returned to the Town ZBA for local determination, Chairman Plew offered the motion that this variance be approved, THEREFORE, Motion was made by Finn, seconded by Bilodeau that this variance be approved, This was unanimous and becomes, RESOLUTION # 23-87. Further Public Hearings, to follow/ with further minutes recorded for each one. M. Brookins, Secretary (25) MINUTES OF THE ZONING BOARD OF APPEALS, September 8, 1987 following a Public Hearing at 7:40, p.m. Appeals Board meeting was held in the Town Hall on the above date, at 15 Terrace Road. Members present were Chairman David Plew Thomas Bilodeau John Finn Jacqueline Rosen Oscar Taylor also present, Code Enforcement Officer, Bruce Weber, Applicant, Jim May, and several Town residents. Chairman P1ew in discussing the report from the Cortland County Planning Board and their recommendation that this application be returned to the local ZBA , and in view of the Boards review and discussion with Mr. May, he felt he would entertain a motion to grant 2 signs, not to exceed 16 square feet, and that these signs must be 15 feet from property lines,according to Town regulations. THEREFORE, Motion was made by Finn, seconded by Taylor that two signs may be permitted, not to exceed 16 Sq.Ft. and must be 15 feet from property lines, according to Town Regulations. This motion was passed unanimously and becomes RESOLUTION # 24-87. Public Hearings 4 and 5, to follow. M. Brookins, Secretary MINUTESOF THE ZONING BOARD OF APPEALS, SEPTEMBER 8, 1987 Public Hearing # 4, Crown City Cinstruction, Applicant, John Lafian, This was posponed until consultation with applicant. HEARING # 5, Members present were: Chairman Plew Thomas Bilodeau John Finn Jacqueline Rosen Oscar Taylor also, Code Enforcement Officer, Bruce Weber. Mr. A.Neil Jackson and Sons, and other area residents. Following further discussion and Board members having reviewed the report of the Cortland County Planning Board and their RESOLUTION, 87-60 as of August 19, 1987, their recommendation that this variance be approved, limited to the appli.cant.'s welding business, and that the permit should cease if and when the business stops operating at the site, Chairman Plew asked if they were ready to make a decision, and if so he would -like to offer the motion that this application be approved , with limitations as recommended by the County Planning Board. THEREFORE, Motion was made by Finn, seconded by Rosen that this application for a Use Variance be granted to Mr. Jackson and that it should be limited to the applicant's welding business and that the permit should cease if and when the business stops operating at the site. This motion was passed unanimously and becomes RESOLUTION # 25-87. M. Brookins, Secretary (37) Minutes of the Public Hearing # 1, Dale Byron, Oct. 6;87, 7:30 p.m. Appeals Board meeting was held in the Town Hall,15 Terrace Road, following a Public Hearing at 7:30 p.m. All members of the Appeals Board were present: Chairman, David Plew Thomas Bilodeau John Finn Jacqueline Rosen Oscar Taylor also, Code Enforcement Officer, Bruce Weber, and the applicant, Dale Byron of Page Green Road. and other area residents. It is noted that this application was referred to,the-County Planning Board and as of their meeting September 16, 1987, a Resolution, #.87-72, this application was approved. Since members of the Appeals Board having reviewed this appli- cation and the property, and there having been no one present at the public hearing to object to this use variance, Chairman Plew entertained the motion that this application be approved, THEREFORE, Motion was made by Bilodeau, seconded by Rosen, that this application for a Use Variance, be approved, this bras unanimous and becomes RESOLUTION # 26-87. M. Brookins, (29) Minutes of the Public Hearing,# 2,Dr, Tyler Secord, 10/6/87, 7:35 p.m. Appeals Board meeting was held in the Town Ha11;'15 Terrace Road, following a Public Hearing at 7:35 p.m. All members were present: Chairman, David Plew Thomas Bilodeau John Finn Jacqueline Rosen Oscar Taylor also, Code Enforcement Officer, Bruce Weber, and the applicant, Dr. Tyler L. Secord, O.D. Following review and discussion with Dr. Secord in regard to'his application for an illuminated sign at his new location, McLean Road,Cortlandville Mall., and in discussing the analysis of the County Planning Board staff, which reads as follows; The staff feels that the local ZBA has been routinely g,�,ant- ing sign variances without any demonstration of practical diff- iculty on the part of the applicant. If the ZBA is granting these variances in violation of the regulation because they feel the regulation is unduly restrictive, then they -should get the regulation changed. The -staff recommends -denial of,this application. Chairman Plew states, that he feels the members of the Appeals Board have tried to use good judgement in granting approval for variances, however, he believes that no two applications for a variance are alike and therefore some flexibility may be reasonable depending :on. area and_circumstances. THEREFORE, Motion was made by Chairman Piew, seconded by Taylor that ,--this application for a variance be approved. This was r unanimous and becomes RESOLUTION # 27-87 M. Brookins,- (29) These are the minutes of the ZBA concerning a delayed action from Public Hearing which was held September 8,1987 and now being held October -6, 1987 at 7:.40 p.m. in the Town Hall, 15 Terrace Road, for clarification and determination, application of John Lafian for an additional sign to sign structure, all ready in use. All members of the ZBA were present: Chairman,Davd Plew Thomas Bilodeau John Finn Jacqueline Rosen Oscar Taylor also, Code Enforcement Officer, Bruce Weber, and applicant, John Lafian. The County Planning staff recommends returning this application for.local determination because of insignificant State and County impact. After discussion with Mr. Lafian and in reviewing his application together with picture showing' the structure of present sign and where the new sign would be placed, ZBA members were in agreement that there would be minimal impact on County or State, THEREFORE, Motion was made by Taylor, seconded by Bilodeau that this application for a variance be approved. This was unanimous and becomes RESOLUTION # 28-87. There being no further business to come before this Board, Meeting was adjourned. M. Brookins. (30) �� Minutes of the Zoning Board of Appeals October 28,1987, 7:30 p.m. -Meeting held in the Town Hall, 15 Terrace Road, Cortlandville In the matter of Kenneth D. Ripley for a variance. Members present: Chairman David Plew Thomas BilodearW.- John Finn Jacqueline Rosen Oscar Taylor code Enforcement Officer, Bruce Weber, Kenneth Ripley and other Town residents. Chairman Plew called the meeting to order and asked -members if they had any questions regarding this application for a variance. They are all in agreement that there is minimal State, County and Town impact and no one appeared to object to this request, -for a variance. Therefore motion was made by Bilodeau, seconded by Rosen that this application be approved. This was unanimous, all voting aye. ,and becomes Resolution No, 29-87. We will adjourn this executive session.and proceed with, Public Hearing No. Reported by, M. Brookins (31) Minutes of the Zoning Board of Appeals, October 28, 1987, 7:35 p.m. Meeting was held in the Town Hall, 15 Terrace Road, Cortlandville Following Public Hearing # 1. In the matter of the application of James C. Stevens,Jr. for a Variance,.to allow a lot size less than one acre. Members present: Chairman David Plew Thomas Bilodeau John Finn Jacqueline Rosen Oscar Taylor Also CEO.Bruce Weber, Mr. Stevens, and other residents of the Town. Having reviewed the map and the application of Mr. Stevens and following discussion of lots in this development ,Ridgeview Ave., Chairman Plew asked if they were ready to make a decision, THEREFORE, motion was made by Rosen, seconded -by Finn, that this application for a variance be approved. This was unanimous ,all voting aye, and becomes Resolution # 30-'87.. Executive session now adjourned and will proceeds with Public Hearing # 3. Reported by, M..Brookins (32) _3 Minutes of the Zoning Board of Appeals, October 28, 1987, 7:40 p.m. Meeting was held in the Town Hall, 15 Terrace Road, Cortlandville. Following Public Hearing # 2 In the matter of the application of Gerald L. Saber for a Bulk Variance. Members present: Chairman David Plew Thomas Bilodeau John Finn Jacqueline Rosen Oscar Taylor also CEO. Bruce Weber, Mr. Saber and other residents of the Town. All.members having reviewed the application and map for a bulk variance to permit lights already installed on a 60ft. Bill Board located on a hill.above and north of interstate 81 near the Niagra Mohawk Power line, and Riley Road, and since lighting increases the effectiveness of the sign, and since apparently has not been a nuisance to area residents, Chairman Plew made a motion to approve of this application, this was seconded by John Finn and becomes Resolution #'31-87. Executive session now adjourned and will proceed with Public Hearing # 4, . M. Brookins (33) Minutes of the Zoning Board of Appeals, October 28, 1987,7:45,p.m. Meeting was held i'n the'Town Hall 15 Terrace Road, Cortlandville, following Public Hearing # 4 In the matter of the application of William Stupke, Stupke Road for a Variance, due to Square footage of lots do notmeet minimum re- quirements, Article 4, Section 5. Members present: Chairman Plew, Thomas Bilodeau John Finn Jacqueline Rosen Oscar Taylor also, CEO. Bruce Weber, Mr. William Stupke and other residents of the Town All members having reviewed the development map and the location at Stupke Road, Parcel #95/15 -02-02 and # 95.15-02-03, and having discussed the application for a variance, Oscar Taylor made a motion to approve of a variance for these lots , this motion was seconded by Chairman Plew. This was unanimous and becomes Resolution # 32-87. Executive session now adjourned and will proceed with Public Hearing # 5. M. Brookins,Secretary/Clerk (34) ,ft� Minutes of the Zoning Board of Appeals, October 28, 1987, 7:50 p.m. Meeting was held in the Town Hall 15 Terrace Road, Cortlandville, In the matter of Dr. Lee Ambrose, application for a Bulk Variance to erect a sign 96 Sq. Ft.,where the maximum allowed temporary sign is 6 Sq. ft. Members present: David Plew, Chairman Thomas Bilodeau John Finn Jacqueline Rosen Oscar Taylor Also. present, CEO. Bruce Weber, Mr.Caraselli (?) and other residents of the Town. It is noted that the County Planning Board recommends in favor of granting the requested variance of Section 15.3--c of the Zoning Law to allow an 8X12' temporary sign. The basis for recommending this variance is that the proposed sign, set back distance_ is" -15.0' and hand painted, should present its case in an attractive manner that 'will be unobtrusive to the passing motorists. At the same time the proposed sign will project a quality image in keeping with that of the subdivision being developed. Also, this sign is to be temporary and is to be removed within a reasonable time. After further discussion and review of this application:; Chairman Plew stated, he would entertain a motion approving this application for a 8 x 12' sign for a period of three years after being installed, this motion was seconded by John Finn and becomes.unanimous ,all voting aye. This becomes Resolution # 33-87. Executive session now closed and will proceed with Public Hearing # 6 M. Brookins, Secretary/Clerk (35) Minutes of the Zoning Board of Appeals, October 28, 1987 7:55 P.M. /Meeting was held in the Town Hall, 15 Terrace Road, Cortlandville. In the matter of NCC.Industries , Inc., application for a Variance in the terms and conditions, of Article 1V, Section 4, of such Zoning Law to allow an industrial operation in a R-1 District at Tax Map Parcel # 95.00-01-15.000. Members present: David Plew, Chairman Thomas Bilodeau John Finn Jacqueline Rosen Oscar Taylor also present,CEO. Bruce Weber,- Engineer, Peter Novelli, R. Teichman, ( Ind. Dev. Board).Joseph Gunzenhauser and Phillip Davis-. It is noted that the County Planning Board by Resolution # 87-80, dated October 21, 1987, recommends approval of this application for a variance. The applicant is seeking o combine several parcels of land to"create a 23 acre site on which to construct.a warehouse facility, with necessary parking and loading,plus access drives. After considerable discussion, Chairman Plew offered the following motion, that this variance be approved for a distribution center and storage warehouse subject to " no manufacturing" at this site. At this point Engineer Novelli asked permission to interrupt the executive session, stating, that this stipulation would not be acceptable.to NCC.Industries. Chairman Plew with -drew his motion and informed Mr. Novelli, they were free to submit a new application with proper clarification as to their intent. This meeting, now adjourned. M. Brookins, Secretary Minutes of the Zoning Board of Appeals, November 17, 1987.E:30 p.m. In the matter of the application of L.C. Niederhofer for a Variance, in the terms and conditions of Article V, Section 5 of such Zoning Law to allow a lot less than 20,000 square feet at Tax Map Parcel No. 95.11-01-45.000, at 7:30 p.m. Members present: Chairman David Plew Thomas Bilodeau John Finn Jacqueline Rosen Oscar Taylor also present were,Code Enforcement Officer, Bruce Weber, Mr. L.C.Niederhofer, Mr. James Yaman and another, also, Mr. & Mrs. Rocco Tabone of 3677 Winkle Way Mr. Niederhofer wishes to build a house on lot No 45, on Winkle Way. It is noted that this development.was approved several years ago under the previous rules and regulations of former Zoning Ordi- nance. After considerable discussion, Chairman Plew entertained a motion for an approval of this variance, THEREFORE, motion was made by Bilodeau, seconded by Taylor that this application for a variance be approved. This was unanimous and becomes.RESOLUTION # 34-87. Before closing this meeting, I would like the following be included as part of the minutes of November 17, 1987. Separate page. (36 (37 Regarding an article published in the Cortland Standard, Comments made by a Councilman, on the Cortlandville Town Board, and referring to the action of the Zoning Board of Appeals, I would like the following be made a part of these minutes. 1. That at all times the Cortlandville Zoning Board of Appeals, try to do a conscientious job for the Town and for all concerned. 2. In regard to the application ofN.C.C.Industries, Inc. (ZBA; Meeting, Oct. 28,87). Date on application, Oct.10.87. Reason for request, For Variance, Zoned Residential. Applicant wishes to construct an industrial use, (warehousing) Application was signed by Peter Novelli, Engineer. NOTE: No manufacturing'is mentioned in application. After the public hearing, ZBA held executive session. After considerable discussion, Chairman Plew offered the following motion, that this application for a variance be approved for a distribution center and.storage warehouse, subject to ° no manufacturinq at this site". At this point, Engineer, Novelli asked permission to interrupt the executive session, stating that the stipulation would not be acceptable to N.C.C.Industries, Inc. Chairman Plew withdrew his motion and suggested they submit another application with proper clarification of their intent. David Plew, Chairman/Cortlandville Zoning Board of Appeals. M. Brookins, Secretary . 5; �-o oj�q 1.2 V-0 0 �VcA �r RESOLUTIONS, CORTLANDVILLE ZONING BOARD OF APPEALS, JAN. THROUGH JUNE,1987 1/6/87, 1, Approve Bulk Variance Wm. Whitaker 3/3/87 2, Denied Variance Place/Cross/Flatt 3/26/ 3, Tabled Variance T & T Autos 3/26/ 4, Approve Variance N.Y.S.Atlantic/Inland 3/26/ 5, Approve Variance Rob't Sweeney 3/26/ 6, Approve Variance Ist. Nat. Bank 5/5/ 7, Approve Variance Park Outdoor Adv. 5/5/ 8, Approve Variance Mary E. Hartley 5/5/ 9, Approve Variance John Marvin 5/5/ 10, Denied Variance Gary Lyon 5/5/ 11, Approve Variance Diane Rulison 5/27/ 12,Approve Variance Gary & Cynthia Eberhart 5/27/ 13 Approve Variance John Morse 5/27/ 14 Approve Variance Michael Cole 5/27/ 15 Approve Variance Ken Demeree 5/27/ 16 Approve Sign Variance T.J.Marshall 5/27/ 17 Review Variance Gary Lyon 6/23/ 18 Approve Variance Loretta Eckel 6/23/ 19 Delay Action Variance (T.Attorney) Gary Lyon M. Brookins, Secretary k/ ; t �i �1' e� d Ar ? �_� �C�k°Z 3 RESOLUTIONS, C'ORTLANDVILLE ZONING BOARD OF APPEALS,CONTINUED FROM 6"/.23/87 8/11/87 # 20, Denied Variance M. Compagni. 8/11/87 21, Denied Variance G. Lyon 9/8/87 22, Approve Variance PTM Corp. 9/8/87 23, Approve Variance Kentucky F.Chicken 9/8/87 24, Approve Variance J. May 9/8/87 25, Approve Variance Neil Jackson 10/6/87 26, Approve Variance Dale Byron 10/6/8,7 27, Approve Variance Dr. T. Secord 10/28/87 28 Approve Variance John Lafian (delated from'10/6/ 10/28/87 29 Approve Variance Ken Ripley 10/28/87 30 Approve Variance Jas. Stevens Jr. 10/28/87 31 Approve Variance Gerald Saber 10/28/87 32 Approve Variance Wm. Stupke 10/28/87 33 Approve Variance Lee Ambrose No Action taken NCC, Industries, at this time 11/17/87 34 Approve Variance LaVerne Niederho,fer_ M . Brookins, Secretary ZBA