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Home My WebLink About1988CORTL'ANDVILLE 20NING BOARD MINUTES - 1988 RESOLUTION PAGE 1 NEIL JACKSON VARIANCE APPROVED 1 2 RICHARD CHENGARIAN VARIANCE APPROVED 2 3 ALAN O'DONNELL VARIANCE APPROVED 3 4 ROGER HATFIELD VARIANCE DENIED 4 5 C.J. NIEDERHOFER VARIANCE APPROVED 5 6 CHARLES BARKED VARIANCE APPROVED 6 7 Benny Gunzenhauser VARIANCE DENIED 7 8 GARY LYONS VARIANCE APPROVED 8 9 Vern Niederhofer VARIANCE APPROVED 9 10 William Anderson VARIANCE TABLED 10 r 11 GARY LYONS change lot APPROVED 11 size -parking 12 Suit-Kote CONDITIONAL PERMIT CLARIFICATION 11 13 William Anderson Variance approved 12 14 James-,Bellardini_, :_. . Variance APPROVED 13 15 quality Outdoor Adv VARIANCE DENIED 14 16 Mohawk Valley Oil Variance Approved 15 17 Dr. Ho and Joan Lee Variance Approved 16 18 Mr. and Mrs. Andre Chaislin VARIANCE APPROVED 17 19 JOHN FINN VARIANCE APPROVED 18 20 UPHOLD DETERMINATION BY CEO - CORTLAND TIMBER -.19 CORP. 21. DECLARE GUTCHESS EXCEPTION TO MINING,OPERATION 24 / �, PER SECTION 16.3.3 OF TOWN ZONING LAW CORTLANDVILLE ZONING BOARD MINUTES - 1988 RESOLUTION PAGE 22. MHP ASSOCIATES VARIANCE Approved 25 23. WEATHERVANE ASSOCIATES VARIANCE Approved 26 24. KATHLEEN & MICHAEL KUMPF VARIANCE Approved 27 25. GARY & CYNTHIA EBERHART VARIANCE Approved 29 26. QUALITY OUTDOOR ADVERTISING DENY REQUEST TO 30 REHEAR APPLICATION 27. GARY LYONS - ADOPT FINDINGS OF ZBA 30 28. JOAN DAVIS VARIANCE APPROVED 32 29. JOHN KINNEY VARIANCE APPROVE 33 30. ROBERT SPACE - DENY REQUEST FOR VARIANCE 35 31. ROBERT RAINBOW - VARIANCE DENIED 36 32. DALE PREDMORE VARIANCE APPROVED 3.7 33. MICHAEL GEORGE MCKINNEY VARIANCE APPROVED 38 34. PETR-ALL PETROLEUM VARIANCE APPROVED 39 35. BURK & BRONG VARIANCE APPROVED 40 I (1) Page 4, Minutes of the Zoning Board of Appeals, Feb.2,1988. 7:30 p.m. Application for Bulk Variance Sign, requested by A. Neil Jackson of Jackson Welding. This application was reviewed by the Cortland County Planning .Board, at their meeting Jan. 20, 1988, Resolution # 88-6. Zoning Board of Appeals Members, present were, Chairman David Plew Thomas A. Bilodeau John Finn Oscar Taylor Also present, CEO. Bruce Weber, Mr. Jackson and Cortland Standard Reporter, Barbara'Wood. After some discussion and having reviewed the site and pictures as presented as to where the signs would be located, Motion was made by John Finn, seconded by Thomas Bilodeau that this application fora variance be approved. This was unanimous and becomes, Resolution # 1-88-ZBA. Executive session now adjourned and will proceed with Public Hearing # 2. M. Brookins, Secretary C (2) Minutes of the Zoning Board of Appeals, Feb. 2, 1988, 7:35.p.m. Application for a Use Variance requested by Richard Chengarian,' This application was reviewed by the County Planning Board at their meeting'January 20, 1988, Resolution # 88 -4. - Zoning Board of Appeals Members 'present: Chairman, David Plew, Thomas Bilodeau John Finn Oscar Taylor Also present, CEO., -Bruce Weber and Mr. Chengarian , and Cortland Standard Reporter, Barbara Wood. After some discussion and having reviewed the site also, Mr. Plew asked the Board if they were ready to make a decision, if so , he would like to make the following motion, That , Mr. Chengarian submit a plan to CEO. Bruce Weber, showing parkingspaces of 200 Sq. feet (101. minimum width, each) with required set -backs and aisles, and drives, 25' between rowes, and that air -inflated tires and wheels be on all vehL les, and that all :rehi(�les be covered with protective canvas, all' subject to the inspection of the'Zoning Officer and all conditions met within 60 days, or variance will be automatically, revoked.. This motion was seconded by Bilodeau and 'Oscar Taylor.-.. This becomes RESOLUTION # '2-:88', -ZBA. ( Mr. Finn, abstained) Executive session now adjourned and we will proceed with Public Hearing # 3. M. Brookins, Secretary (3) Paqe 4 Minutes of the Zoning Board of Appeals, Feb. 2, 1988,-7:40 p.m. Application of Alan L. O'Donnell for a variance to operate a finishing and repair shop related to wood.work involved in building industry. A use variance is required to operate in a. business zone. This, application was reviewed by E. Mayo Snyder, Cortland' County.,Director of Planning., January 15, 1988. County Planning Board, January 20,1988, Resolution # 88-3 Zoning Board of Appeals Members, present were, Chairman David Plew Thomas Bilodeau John Finn Oscar Taylor Also present, CEO. Bruce Weber, Mr. O'Donnell, Mrs. Isadora May and son. and Barbara Woods, Cortland Standard Reporter. After some discussion, Mr. Plew asked if the Board -wa8; ready to approve or disaprove this application, Therefore,. motion was made by Finn, seconded by Bilodeau that subject to inspection,and approval of plans by CEO.Weber, that this appli- cation be approved for 1 year, and if. business -has i1�cr _eas.gd, ,a zoning change might be required, if increased to five(5=).employees,. This motion was:unanimous.and becomes Resolution # 3-88-ZBA: This meeting is adjourned, The, next scheduled meeting will be.March 1,1988, 7:30 p.m., M'. Brookins, Secretary (4) MINUTES March 1, 1988, Appeals Board Meeting at the Town Hall, Tuesday at 7:30 p.m., regarding application of Roger Wm. Hatfield for a Variance. Tax Map Parcel No.77.17-01-04.110. Present were: Chairman David Plew Thomas Bilodeau John Finn Oscar Taylor Also present, Code Enforcement Officer Bruce Weber. Roger W. Hatfield Carleton Nye After discussion and review of the application as presented by Mr. Hatfield, Chairman Plew made a motion that the Appeals Board follow the recommendation of the County Planning Board to deny this application for a variance and there has been no demonstration of hardship. This motion was seconded by Taylor and was unanimous and becomes RESOLUTION No.4-88. Meeting is now adjourned by Chairman Plew. M. Brookins, Secretary c t`. April 5, 1988, Minutes of the Zoning Board of Appeals, meeting held at the Town Hall, 15 Terrace Road, Cortland, New York 13045 Members of the Zoning Board of Appeals, David Plew, Chairman Thomas Bilodeau John Finn Joanne O'Rourke Oscar Taylor CEO. Bruce Weber, Several members of the Town were present, also Attorney M . Perkins from Dryden ,-.Jim Murray (real estate) and Mr. Niederhofer.- The Board members having reviewed the application and site of sub- division, and after brief discussion, and since no one had appeared to object to this application for a variance to allow a lot size less than allowed in an R-2 District, Tax Map Parcel 95:11=01=42:000 and -95.11-01-44.000. Motion was made byBilodeau, seconded by Finn that this application for a variance be approved. This motion was passed unanimously and becomes RESOLUTION #!5-88 ZBA Reported by M. Brookins (6) April 5,1988, Meeting of the Zoning Board of Appeals at the Town Hall, 15 Terrace Road, Cortland, New York', 13045. Members of the Appeals Board: Chairman, David Plew Thomas Bilodeau John Finn Joanne O'Rourke Oscar Taylor CEO. Bruce Weber, Several residents of the Town were present,..also At.torney M. Perkins from Dryden. The Board members having reviewed the application and the site at Halstead road and having heard Attorney Perkins who represents Mr.& Mrs. Charles Barned, they did question about the frontage as to whether the house could be set back, however, kept in mind the desire to build in line with other residences on the street. After some discussion motion was finally made by Mr. Pleur, seconded by Mr. Finn , that this application for a variance be approved. This motion was -unanimous and becomes RESOLUTION # (or -88 ZBA Reported by M. Brookins 7) Cortland, New York May 3,1988, Meeting of' -the Zoning Board of Appeals was held at;' the Town Hall, 15 Terrace Road, following a public hearing at 7:30 p.m. ice- eNti c� G u �cJ Ze N hc2 u s E 1� Members of the Board, Chairman David Plew Thomas Bilodeau John Finn Joanne O'Rourke Oscar Taylor Code Enforcement Officer, Bruce Weber Also present, 50 or 60 residents of the Town and others. Board members have had the opportunity to review this application and the report from the County Planning.Board and they are in agree- ment with the recommendation of the Cou.nty'Board, especially that by f granting this variance it would create a precedence for others .to make a similar request, THEREFORE, MOTION WAS MADE BY O'Rourke; seconded by Finn that this Variance be denied. This was unanimous and becomes RESOLUTION No.t_=88. This meeting was adjourned and will proceed with Public hear -Ing for Gary Lyon, application for a variance at 7:40 p.m. M. Brookins, Secretary May 3, 1988, Meeting of the Zoning Board of Appeals, was held at the Town Hall, 15 Terrace Road, Cortland, New York. Members of .the Board: Chairman, David Pletir Thomas Bilodeau John Finn Joanne O'Rourke Oscar Taylor Code Enforcement Officer, Bruce Weber. Present at this meeting 50 or 60 residents and others including Russell Ruthig, Attorney, John Miller ,Attorney. The Planning Board members have all read the report of the County Planning Board and the Resolution No.88-15., copy of which will be filed with this report. Chairman Plew states that in reviewing other factors that if Mr. Lyon had to,sell theproperty, it would create a hardship. THEREFORE,,,, I would like to make a motion. that Attorney Miller so stipulate on the Deed that vehicles can not.weigh more than 18,660 pounds, and parking area -be 75ft. X 140 ft. as shown on site plan; this land to be subdivided for employee and business parking. No more than 2 uninspected Vehicles. This motion was -seconded by John Finn, and was unanimous,., APPROVED Plew --- Aye Bilodeau --- Aye Finn--- Aye O'Rourke, Aye Taylor, Aye. This becomes RESOLUTION NO. 8-88. r. Meeting now adjourned. i M. Brookins, Secretary (9) P.H.No - Niedorhofer Paqe 4 Tuesday, May 24, 1988, Minutes of the Zoning Board of Appeals, meeting held at the Town Hall, 15 Terrace Road, Cortland, New York, Members of Zoning Board of Appeals, David Plew, Chairman Thomas Bilodeau John Finn Oscar Taylor Mrs. Joanne O!Rourke was unable to be present at this time. CEO. Bruce Weber was present and the following, Mr. & Mrs. Gary Lyon Mr. & Mrs. Jeff Wheaton Mr. & Mrs. E. Morehouse Mr. Robert Tobias Mr. Rod Birdsal Mr. Dan .Suits Mr. Vern Niderhofer Neighbor of Mr. Anderson and Mr. & Mrs. Wm. Anderson & Mr. John Woodward The Board members having reviewed the application and site of this subdivision and after a brief discussion, and since no one has appeared to object to this application for a variance to allowa lot size less than allowed in an R-2 district, Motion was made.by Bilodeau, seconded by Finn that this variance be approved. This motion was passed unanimously by members present and becomes RESOLUTION No. q -SS. M. Brookins, Secretary, ZBA. P.H.No. 2 Anderson Paae 4 Tuesday May 24, 1988, Minutes of the Zoning Board of Appeals, Meeting held at the Town Hall, 15 Terrace Road, Cortland, N.Y. 13045 Members of the Zoning Board of Appeals, David Plow, Chairman Thomas Bilodeau John Finn Oscar Taylor Mrs. Joanne O'Rourke, was unable to be present at this time. CEO Bruce Weber, present, also, Mr. & Mrs. Wm. Anderson Mr. & Mrs. Jeff Wheaton Neighbor of Mr. Anderson Mr, Rod. Birdsal,Eng. Mr. Vern Niderhofer Mr. & Mrs. Gary Lyon Mr. & Mrs. -E. Morehouse Mr. Robert Tobias Mr. Dan. Suits Mr. John Woodward The Board members having reviewed the application of Mr. Anderson for a variance and checked the map sketch as presented find the necessity for exact footage of distance to Mr. Wheatons property line.be shown on the map. Applicant must consult with CEO.Weber and make necessary change and clarification. Therefore, motion was made by Plow, seconded by Finn that this application be.tabled until proper "footage" is determined and shown on the sketch. This was unanimous, and becomes RESOLUTION No. 10. M. Brookins, Secretary ,ZBA. Following (2) Public Hearings at the Town Hall, May 24, 1988. the Zoning Board of Appeals held a meeting, (open to the public) to make their "interpretation" of Article X11 12.5. I Industrial Facilities, Also, Gary Lyon requested a review of his Dev.Map. to show a slight change for their approval. Reviewing Gary Lyons. request first,_: Mr. Lyons wishes to change 140' X75-'- in the proposed parking area to 75 X 169.16 ' After discussion and. review of said map, Motion was made by Bilodeau, seconded by -Taylor that these changes be approved, this motion was unanimous and becomes RESOLUTION No 11-88. Suit-Kote Corp. would like an interpretation of Article Xll. Conditional Permit, 12.5 `1 ( Industrial Facilities) After questions directed to Engineer, Rod Birdsal, and much deliberation, Motion was made by Plew, seconded by Finn, that n..''Asphalt Plante does not fall into the category of Article X11.521This motion -was unanimous and becomes, i RESOLUTION No. 12-88. With the exception of Joanne O'Rourke, all members of the ZBA, were present at this meeting. Meeting now adjourned. j M. Brookins, Secretary �I �VI�_LI ,m ANb2V-So K) Page 4 h Chairman Plew: Is there anyone else who would like to speak , if not I am going to close this hearing and will proceed to an executive session, MINUTES OF THE EXECUTIVE SESSION, June 21, 1988, Members of the ZBA, present were, David Plew, Chairman - Thomas Bilodeau (P) John Finn (A) ; Joanne O'Rourke (P) Oscar Taylor (P) also Code Enforcement Officer, Bruce Weber. 1 After discussion with members present, Chairman Plew made a motion that this application for a variance be approved with following conditions and subject to review from time to time by CEO. Weber; that the number of cattle be limited to not more than 3, and that the storage barn be precisely for storage, This motion was seconded by Taylor and becomes RESOLUTION , No.13-88. Approved Unanimously. M. Brookins, Secretary :: (13) Paqe 4 MINUTES OF THE EXECUTIVE SESSION, ZBA. JUNE 211 1988, 7:35 P.M. Members of the ZBA ; Chairman Plew,, %P Thomas Bilodeau (P) John Finn (A) Joanne O'Rourke (P) Oscar Taylor (P) Also, CEO. Bruce Weber, Calling this meeting to order and members having reviewed the application and the site, Chairman Plew asked if anyone would like to make a motion, THEREFORE, Motion was made by Bilodeau, seconded by O'Rourke, that this application of Mr. & Mrs. Bellardini to replace old deck at a his home and replace with a new enclosed deck, be approved. This motion was unanimous and becomes RESOLUTION No. 14-88. M. Brookins, Secretary Pace 4 MINUTES OF ZBA, EXECUTIVE SESSION, June 21, 1988, 7:40 P.H. MEMBERS OF THE ZBA: Chairman David Plew, (P) Thomas Bilodeau (P) John.Finn (A) Joanne O'Rourke (P) Oscar Taylor (P) Chairman Plew, All of you have a copy of the letter from State, D.O.T., also a report from the Cortland County Planning -Board , You are also familiar with the location of proposed site for t this application from Quality Outdoor Adv. at Polville area. �/ You have heard from Lois Morehead of Ocono Lodge, Are there any more comments or questions that have not been coveted, Would some one like to make a motion regarding this application,,,,,,,? - THEREFORE, motion was made as follows,by Joanne O'Rourke, I make a motion that this variance be denied for generic adver- tising, letting the Board keep in mind the need to address this issue individually in the future. This motion was seconded by David Plew and was unanimous,becoming ! RES'OLUTION No. 15788. M. Brookins, Secretary (15) Paqe 4 MINUTES OF THE EXECUTIVE SESSION, JUNE 21, 1988 7:.45 P.M. Members of the.Zoning Board: Chairman, David-Plew (P) Thomas'Bilodeau (P) John Finn (A) Joanne O'Rourke (P) Oscar Taylor (P) Chairman Plew, You'all are familiar with the location of proposed signs as requested by Mohawk Valley Oil Company, Southwest corner of NYS Rts. 222 and 281. Mr. Bill Little has explained how the structure of these signs will be adjustable and he will be able to adjust to what .ever is necessary. You have also read the report and the recommendation as prepared by M.Riaz Shafqat, an*d reviewed by E. Mayo Snyder, Director of Planning for Cortland County. Their recommendation is favorable provided there is no visual or sight obstruction due to locating signs at the proposed location. Is there any thing this Board should add, The Zoning Board are in agreement with the County recommendation, THEREFORE. Motion was made by Bilodeau, seconded by O'Rourke that this application be approved with the sti.pulati.on , that there is no vis-hala or. sight obstruction at this location. Thismotion was passed unanimously and becomes RESOLUTION No. 16-88. Minutes of the executive session, June 21, 1988. 7:50 P.M. ZBA Members: Chairman, David Plew (P) Thomas Bilodeau (P) John Finn (A) Joanne O'Rourke (P) Oscar Taylor (P) (16) David Plew, You have had a discussion with Harwood Spaulding(developer; who lives on Hillside Dr. and Ted Testa ,who also lives on Hillside Dr. who are in favor of the ZBA granting a variance to Dr. Ho and J.oan Lee. Reason for this request is the lot is not deep enough according to regulations. After some discussion the Board members were in agreement that a variance be considered; THEREFORE, Motion was made that subject to Health Dept. approval, that a variance be approved for Dr. Ho and Joan Lee to build a home on Hillside Dr.. The motion was made by Chairman Plew and seconded by Joanne O'Rourke and was unanimous, becoming RESOLUTION No.17-88. Meeting now adjourned. M. Brookins, Secretary Page 4 Minutes of the Executive Session, following the first Public Hearing held August 2, 1988 at 7:30 p.m. Request of Andre Chaislin for a variance. Members of the ZBA present: Chairman David Plew Thomas Bilodeau John Finn Joanne O'Rourke Oscar Taylor CEO, Bruce Weber Others present were Mr. and Mrs. Andre Chaislin and Karl Wendt, representing Homer Gutchess. After further review of this application for a variance to allow a deck less than forty feet from the rear property line, there were no more questions and no one appeared to object to such, a motion was made by John Finn, seconded by Tom Bilodeau that this application be approved. All voting aye, the motion was carried and becomes Resolution Mo.18. Chairman Plew closed the Executive Session and proceeded with the second Public Hearing. Diane.Demeree, Deputy Town Clerk Page 4 Minutes of the Executive Session, following the second public hearing held August 2, 1988 at 7:35 p.m. Request of John Finn for a variance. Members of the 2BA present: Chairman, David Plew Thomas Bilodeau John Finn Joanne O'Rourke Oscar Taylor CEO, Bruce Weber Others present were Mr. and Mrs. Andre Chaislin and Karl Wendt, representing Homer Gutchess. After review and discussion of this application for a variance to allow an addition to be located 15 feet.from the front property line, and since no one appeared to object to said application, a motion was made by David Plew, seconded by Joanne O'Rourke to approve this application. With John Finn abstaining, all remaining members voting aye, the motion was carried and becomes Resolution #19. Diane Demeree, Deputy Town Clerk Tuesday August 2, 1988 Minutes of the meeting of the Zoning Board of Appeals of the Town of Cortlandville, Cortland County, New York, held at the Town Hall, 15 Terrace Road, Cortland, New York_, following 2 Public Hearings. Members of the ZBA present: Chairman David Plew Thomas Bilodeau John Finn Joanne O'Rourke Oscar Taylor CEO, Bruce Weber Others present were Mr. and Mrs. Andre Chaislin and Karl Wendt, representing Homer Gutchess. Chairman Plew asked Town Code Enforcement Officer, Bruce Weber to explain the papers submitted to the Board members, regarding the site work for the "New Warehouse Facility" by Homer C. Gutchess dba Cortland Timber Corporation between Bennie Road and the Cortland -Virgil Road in the Town of Cortlandville Mr. Weber explained the reasons behind his determination that Mr. Gutchess was performing a mining operation. Karl Wendt, representing Mr. Gutchess, submitted to the Board, a letter requesting the repeal of the determination by Mr. Weber, and pictures and a map of the area in question. Mr. Wendt contends that this operation by Mr. Gutchess should fall under Article 16.3.3 of the Town Zoning Law, which is "removing earth products from one part of his premises to another" for the construction of a building and "improving said property". After further discussion by the Board and questions directed to Mr. Wendt and Mr. Weber, the Board members reached a decision. Chairman Plew stated that a matter of this importance should be represented by the owner, Homer Gutchess who was not present for tonight's meeting. He also suggested that the Board not repeal a determination made by Bruce Weber, since he has been trained in such matters. A motion was made by David Plew, seconded by Tom Bilodeau, to uphold the determination by Bruce Weber. All voting aye, the motion was carried and becomes Resolution #20. Included in these minutes are the papers submitted by Mr. Wendt. The meeting was adjourned at B:oo p.m. R pectfulR�la){ Submitted, lane Demeree. Deputy Town Clerk Town of Cortlandville KARL H WENDT ARCHITECT LAND PLANNING & INTERIOR DESIGN studio 4036 kinney gulf) ro-a'd' cortland, n.y. 13045- 607-753-7539 August 1, 1988 Zoning Board of Appeals : Town of Cortlandville Terrace.Road Cortland;"New York 13045- RE: Site work for 'New Warehouse Facility Cortland Timber Corp.&,oXSsa�� between Bennie Road and Cortland -Virgil Road ` Dear Board members: I respectfully -request you repeal* the -determination of.Mr..Bruce'Weber,. code enforcement officer, .that Cortland.Timber Corp.}(Mr. Homer C.'Gutchess), was -per forming a mining'operation when he was removing gravel from one area for fill for building in another. area of his land..., :Mr. Homer C.:Gutchess purchased approximately 550 'acres of land_ from S.C.M-. >'.-about two years ago. This land is in a°number of adjoining -parcels located to the east. -of Rt. 13, Cortland' and all under the control of Mr. Gutchess. He -has plans for extensive development of the total area,: including commercial on the flat areas adjoining Rt. 13 and housing behind the "Mall" on the hillside. The area, in question, where "earth products".are being removed, is off -the S. Cortland -Virgil Road, in the hills: See Map. This operation should fall under -Art.. 16.3:3.1'removing earth products from one part of his premises'to another", for the construction of a building and "improving said property". In the process of removing -the earth products, the area is being leveled for future development. The material is going into.the construction of the owner's building and not being sold. The land.surface will be -reclaimed upon completion of each stage.. Res J tfully submitted, Karl H. Wendt, R.A."for Mr. Homer 'C. Gutchess Cortland Timber Corp. KHW/vlr (23) August 10, 1988 - Minutes of the Special Meeting of the Zoning Board of Appeals of the Town of Cortlandville, Cortland County, New York, held at the Town Hall, 15 Terrace Road, Cortland, NY. Members present: Chairman, David Plew Thomas Bilodeau John Finn Oscar Taylor Joanne O'Rourke Others present were Town attorney, Phillip Rumsey; Town Supervisor, Melvin Pierce; Karl Wendt, representing Homer Gutchess; and some Town residents, including Gene Shepger and Lori Schneider. Chairman Plew opened the meeting at 5:00 p.m. o'clock. He explained the purpose of the meeting, which was requested by Mr. Homer Gutchess to reconsider the determination by Town Code Enforcement Officer, Bruce Weber that Mr. Gutchess is operating a mining operation. Mr. Plew apprised those present that the decision to uphold Bruce Weber's determination per Resolution #20 of 1988 was based on the fact that Mr. Gutchess was moving earth from one parcel to another parcel, each parcel being under different owners. However, this,, situation is in the process of being changed. Mr. Gutchess owns both parcels, and will consolidate these separate parcels into one. Chairman Plew offered those in attendance, the privilege of the floor. Gene Shepger expressed a concern with the huge machinery used on the property. If there were to be an accident or breakdown, there would be a situation threatening the aquifer with pollution. He also expressed concern with development of this land, as it is prime farm land. Lori Schneider inquired about the "gouges" left at the site from which the fill dirt is being taken. She is concerned that this area will be left as it is which is unsightly. Chairman Plew apprised those present that the area from which the fill dirt is taken will be leveled off and the topsoil replaced so that it will actually be improving the original property. Page 2 (24) Mr. Karl Wendt explained that both areas will be improved by this project. The part of Mr. Gutchess' property from which the fill is being taken will be leveled off and possibly developed in the future, and the site where the gravel and fill is placed will be raised to the proper level to avoid flood conditions. Town Attorney, Phillip Rumsey, explained that Bruce's determination that this was a mining operation was done so considering the fact that gravel and fill was being moved from one parcel to another. Chairman Plew directed the Board to decide if this operation by Mr. Gutchess is improving the property from which the fill is being taken and also improving the property to which the fill is being placed. If the operation falls under these criteria, and all land involved is under one owner, then a mining permit is not required. It was determined by the Board that this operation by Mr. Homer Gutchess does fit the criteria as an exception under Section 16.3 subdivision 3 of the Town Zoning Law, since the operation involves moving earth products "from one part of his premises to another part of the same premises when such removal is necessary ... for the purpose of improving said property". A motion was made by Joanne O'Rourke, seconded by Oscar Taylor, that at such time that the site work for the "New Warehouse Facility" for Cortland Timber Corporation located between Bennie Road and Cortland -Virgil Road in the Town of Cortlandville is contained within one parcel, owned by the same entity, we hereby find that this operation as described and submitted, fits within the mining exception as set forth in Section 16.3.3 of the Zoning Law of the Town of Cortlandville. All voting aye, the motion was carried and becomes Resolution No.21. Chairman Plew closed the meeting at 5:30 p.m. Respectfully submitted, Diane Demeree Deputy Town Clerk Town of Cortlandville (25) Page 4 Minutes of the Executive Session following the first Public Hearing on September 6, 1988, for Russell Petralia, Cortland MHP Associates - request for a variance at Tompkins St. Ext. Members of the ZBA present: Chairman David Plew Thomas Bilodeau John Finn Joanne O'Rourke Oscar Taylor CEO, Bruce Weber After review of this application, and since no persons appeared to oppose such, a motion was made by Tom Bilodeau, seconded by John Finn, to approve this application by Cortland MHP Associates for a variance. All voting aye, the motion was carried and becomes Resolution #22. Reported by Diane Demeree (26; Page 4 Minutes of the Executive Session following the second Public Hearing on September 6, 1988, request for a variance by Weathervane Associates - Route 222. Members of the ZBA present: Chairman David Plew Thomas Bilodeau John Finn Joanne O'Rourke Oscar Taylor CEO, Bruce Weber A discussion followed regarding the requested size of the sign which Weathervane wishes to erect. It was agreed to allow the now existing sign and none larger, therefore after review of this application, and since no persons appeared to oppose such, a motion was made by David Plew, seconded by Oscar Taylor, to approve this application by Weathervane Associates for a variance to expire in two years. All voting aye, the motion was carried and becomes Resolution #23. Reported by Diane Demeree 3 Page 4 Minutes of the Executive Session following the third Public Hearing on September 6, 1988, request for a variance by Kathleen and Michael Kumpf. Members of the ZBA present: Chairman David Plew Thomas Bilodeau John Finn Joanne O'Rourke Oscar Taylor CEO, Bruce Weber After a short discussion and upon determining that this location for the pool would not interfere with neighbors, a motion was made by Joanne O'Rourke, seconded by Tom Bilodeau, to approve this application for a variance to place a swimming pool on the property line. All voting aye, the motion was carried and becomes Resolution 24. Reported by Diane Demeree (27) (28) Minutes of the regular Zoning Board of Appeals meeting held September b, 1988, following 3 Public Hearings. Members of the ZBA present: Chairman David Plew Thomas Bilodeau John Finn Joanne O'Rourke Oscar Taylor CEO, Bruce Weber Others present were Town attorney, Phillip Rumsey, John Woodward, newsreporter, Margaret McHugh, Councilman, Ronal Rocco, Mr. and Mrs. Gary Eberhart, and Mr. Hodge, Chairman Plew read a letter of request from George Yager, counsel for Quality Outdoor Advertising to reconsider their application for a sign variance. A discussion followed and Chairman Plew apprised the Board that they have already made a decision on this matter and do not need to reconsider it. Chairman Plew proceeded with the 4th Public Hearing. (29) Page 4 Minutes of the Executive Session following the fourth Public Hearing on September 6, 1988, request for a variance by Gary and Cynthia Eberhart. Members of the ZBA present: Chairman David Plew Thomas Bilodeau John Finn Joanne O'Rourke Oscar Taylor CEO, Bruce Weber , After discussion by the Board regarding this matter, a motion was made by Joanne O'Rourke, seconded by John Finn, to approve this application for a variance to build a house closer to the rear lot line. All voting aye, the motion was carried and becomes Resolution #25. (30) Tuesday September 6, 1988 Minutes of the meeting of the Zoning Board of Appeals of the Town of Cortlandville, Cortland County, New York, held at the Town Hall, 15 Terrace Road, Cortland, New York, following the fourth Public Hearing. Members of the ZBA present: Chairman David Plew Thomas Bilodeau John Finn Joanne O'Rourke Oscar Taylor CEO, Bruce Weber Others present were Town attorney, Phillip Rumsey, John Woodward, newsreporter, Margaret McHugh, Councilman, Ronal Rocco, Mr. and Mrs. Gary Eberhart, and Mr. Hodge, Regarding the request by Mr. Yeager from Quality Outdoor Advertising, a motion was made by David Plew, seconded by Joanne O'Rourke, not to reconsider this application for a sign variance, because the Board's original decision not to grant the variance was based on the fact that there are already many signs in the area in question. With John Finn abstaining, and all remaining members voting aye, the motion was carried and becomes Resolution No. 26. A motion was made by David Plew, seconded by Oscar Taylor, to recess the regular meeting and convene to an Executive Session in the matter of pending litigation. All voting aye, the motion was carried. The regular meeting was reconvened following an Executive Session. Regarding the variance granted to Gary Lyons per Resolution No. 8 of 1988, a motion was made by Joanne O'Rourke, seconded by Tom Bi'lodeau, to adopt the findings of the Zoning Board concerning the application for a variance by Gary Lyons. All voting aye, the motion was carried and becomes Resolution No. 27. A discussion followed regarding the decision made by the Zoning Board at the Special Meeting held August 10, 1988, pertaining to the determination by CEO, Bruce Weber that Mr. Homer Gutchess is running a mining operation. 7 Mr. Weber, who was not present for the August 10th meeting, questioned the Board regarding their determination that Mr. Gutchess is not running a mining operation. He asked the Board to clarify their findings so that he could understand their decision. Among the questions asked was whether a test well is required, and whether earth products would be used for any other parcel owned by Mr. Gutchess. Chairman Plew apprised Mr. Weber that the Board had decided that Mr. Gutchess is not running a mining operation, therefore does not need a test well on the site. He also stated that the Board determined that no earth products would be used on any other parcel owned by Mr. Gutchess. A motion was made by Oscar Taylor, seconded by Tom Bilodeau, to adjourn the meeting. All voting aye, the motion was carried. Respectfully submitted, Diane Demeree Deputy Town Clerk Town of Cortlandville (32) Page 4 Minutes of the Executive Session, following the first Public Hearing held October 04, 1988 at 7:30 p.m. Request of Joan L. Davis for a variance. Members of the ZBA present: Chairman David Plew Thomas Bilodeau John Finn Oscar Taylor absent: Joanne O'Rourke CEO, Bruce Weber Others present were Joan Davis and her parents, Mr. and Mrs. Norman Hodge; Mrs. John Kinney, Mr. and Mrs. William Anderson, Mr. Wheaton, and newsreporter, Patrick Faraday. After further discussion, a motion was made by David Plew, seconded by John Finn to approve this application for a variance contingent on the stipulations set by the County Planning Department and the stipulation that when the need no longer exists for a second home or if Joan Davis sells the property, the variance is revoked. All voting aye, the motion was carried and becomes Resolution No. 28. (33.) Page 5 Minutes of the Executive Session, following the second Public Hearing held October 04, 1988 at 7:35 p.m. Request of John Kinney for a variance. Members of the ZBA present: Chairman David Plew Thomas Bilodeau John Finn Oscar Taylor absent: Joanne O'Rourke CEO, Bruce Weber Others present were Joan Davis and her parents, Mr. and Mrs. Norman Hodge; Mrs. John Kinney, Mr. and Mrs. William Anderson, 'Mr. Wheaton, and newsreporter, Patrick Faraday. There was a lengthy discussion following, regarding this application. CEO, Bruce Weber apprised the Board that this is legal, because there is no subdivision of the original parcel. If a vaiance is granted, this property must be kept in good condition and comply by Town Code. Otherwise, action can be taken to penalize Mr. Kinney for any violations. A motion was made by Oscar Taylor, seconded by John Finn, to approve this variance. With David Plew opposing and Oscar Taylor and John.Finn voting aye, the motion was carried and becomes Resolution No. 29. (34) Minutes of the Zoning Board of Appeals meeting held October 04, 1988 at the Town Hall, 15 Terrace Road, Cortland, NY, following 2 Public Hearings. Members of the ZBA present: Chairman David Plew Thomas Bilodeau John Finn Oscar Taylor absent: Joanne O'Rourke CEO, Bruce Weber Others present were Joan Davis and her parents, Mr. and Mrs. Norman Hodge; Mrs. John Kinney, Mr. and Mrs. William Anderson, Mr. Wheaton, and newsreporter, Patrick Faraday. David Plew read a letter to the Board from CEO, Bruce Weber. The letter was regarding questions by Mr. Wheaton pertaining to the conditions to the variance granted to William Anderson on June 21, 1988. He wants to know if the conditions have been met. Mr. Weber asked the Board members to drive by said area and make their own judgement. One of Mr. Wheaton's complaints was regarding a bus parked on the land. Since then, the bus has been removed. Another was when the pole barn is required to be finished. He was under the assumption that there was a time limit on the variance. Chairman Plew apprised those present that there was no time limit on erecting the pole barn. Town CEO, Bruce Weber stated that there was a 5 year time limit on the Conditional permit issued by the Cortlandville Planning Board. The variance which was issued was subject to review by Town CEO Bruce Weber from time to time. Mr. Wheaton was present because he understood that there would be a discussion regarding this matter. He was satisfied with the explanation and apprised the Board that he did not want to cause trouble, but did not want the situation to get out of hand. Page 2 The Board members commended Mr. Wheaton for his concern and encouraged him and others present to feel free to voice their opinions and concerns whenever they felt the need to. The next item to be discussed was the request from Robert Space to rehear his request for a variance on Rt. 13 near Lorings Crossing. Chairman Plew apprised the Board that he drove past the area in question and the violations that existed, which were the reason for revoking the variance, still exist. Therefore, a motion was made by John Finn, seconded by Tom Bilodeau, not to rehear the request for a variance from Robert Space. All voting aye, the motion was carried and becomes Resolution No. 30. Since there was no further business, a motion was made by John Finn, seconded by David Plew, to adjourn the meeting. All voting aye, the motion was carried. Respectfully submitted, R. Diane Demeree Deputy Town Clerk Town of Cortlandville i (36) Page 4 Minutes of the Executive Session, following the first Public Hearing held November 01, 1988 at 7:30 p.m. Request of Robert Rainbow for a variance. Members of the ZBA present: Chairman David Plew Thomas Bilodeau John Finn Oscar Taylor absent: Joanne O'Rourke CEO, Bruce Weber Chairman Plew stated that if we approve this variance, there should be a time limit on such. We don't need to start a precedent. He asked Town Code Enforcement Officer,Bruce Weber to explain the situation. Mr. Weber explained that Mr. Rainbow came to him and wanted to put trailers on his property. At that time, Mr. Weber apprised Mr. Rainbow that he needed a building permit. Also, it became obvious that Mr. Rainbow did not meet the bulk regulations. Also the question arises whether a mobile home should be used as a storage building. Mr. Rainbow moved the mobile homes and after a period of 2 to 3 months, filled out the application. After much discussion by the Board, a motion was made by Joanne O'Rourke, seconded by John Finn, to deny this application for a variance to use mobile homes for storage and request Mr. Rainbow to remove the mobile homes within 30 days. With David Plew abstaining, Oscar Taylor opposed, and the remaining Board members voting aye, the motion was carried and becomes Resolution No. 31. Page 4 Minutes of the Executive Session, following the second Public Hearing held November 01, 1988 at 7:30 p.m. Request of Dale Predmore for a variance. Members of the ZBA present: Chairman David Plew Thomas Bilodeau John Finn Oscar Taylor absent: Joanne O'Rourke CEO, Bruce Weber After discussion by the Board, a motion was made by David Plew, seconded by Tom Bilodeau, to approve this application for a variance with the condition that the structure be used only for personal use and not to be used later as a commercial building. All voting aye, the motion was carried and becomes Resolution No.32. Page 4 (38) Minutes of the Executive Session, following the third Public Hearing held November 01, 1988 at 7:30 p.m. Request of Michael George McKinney for a variance. Members of the ZBA present: Chairman David Plew Thomas Bilodeau John Finn Oscar Taylor absent: Joanne O'Rourke CEO, Bruce Weber After some discussion by the Board, a motion was made by Tom Bilodeau, seconded by Joanne O'Rourke to approve this application for a variance. All voting 'aye,'the motion was carried and becomes Resolution No.33. With no further business, a motion was made by Joanne O'Rourke, seconded by Tom Bilodeau, to adjourn the meeting. All voting aye, the motion was carried. The meeting was adjourned at 8:00 p.m. Respectfully submitted; R. Diane Demeree Deputy Town Clerk Town of 'Cortlandville 39 FI Page 4 (Minutes) i Dec.6, 88, Public Hearing No 1, held at 7:30 P.M. at the Town Hall,, 15 Terrace -Road, Cortlandville. Chairman David Plew presided with all members present: Thomas Bilodeau John_Finn Joann O'Rourke Oscar E. Taylor also present, Code Enforcement Officer, Mr. Bruce_Weber; and Mr. Patrick_,Hyde representing Petr -All Petroleum Corp. Having reviewed the site in question and following the discussion at the public hearing, Chairman Plew asked for a motion in regard to the application for a variance. Therefore, Motion was made by Bilodeau and seconded by O'Rourke that this application,be approved for this variance.. This motion was unanimous and becomes RESOLUTION No. 34-88. Executive session adjourned to proceed with Public Hearing No.2. M. Brookins, Secretary ZBA. 4'0i Page 4, (Minutes) Dec. 6,88, Public Hearing No. 2 7:45 P.M. held at the Town Hall, 15 Terrace Road, Cortlandville,. Chairman Plew, presided with all members of'the Board, present. Thomas Bilodeau John Finn Joann O'Rourke Oscar E. Taylor also present Code,Enforcement Officer, Bruce Weber,, also, Mr. Burke (son of Charles Burk), property at 206 West Road, Tax'Map Parcel No.95.12-o1-08.000, in the terms and conditions of Article -'XV, Section 2.2, Members of the Board having reviewed the property and following discussion, Chairman'Plew made the motion that the variance be granted but the sign is to stay at it's present location (6 ft. from r.o.w) Floral Pot arrangements may be used around the base, this motion was seconded by'ds--car Taylor and was unanimous, becoming, RESOLUTION No.35-88. There being no further business at this time, Motion was made by Finn, seconded by O'Rourke, that this meeting be adjourned. M. Brookins, Secretary 20NING BOARD OF APPEALS — 1988 MEETINGS DATE PLEW FINN TAYLOR BILODEAU O'ROURKE aeaFaFaEah•u-ae�-�aF�aea�•�-aeae�--�-�aeac-�aEaE�-ae-�-qac-•�aE-�aE►��aeaeaeaeaFaf-�aeaEac•#aEae-�aE-�aeaEaeaE•�•aEaFaeaE-�ac•aEaE 2/02/ES P P P P 03/01/88 P P P P 04/05/88 P P P P 05/03/88 P P P P P 05/24/88 P P P P A 06/21/88 P A P P P 08/02/88 P P P P P 08/10/88 P P P P P 09/06/88 P P P P P 10/04/88 P P P P A 11/01/88 P P P P P 12/06/88 P P P P P PUBLIC HEARINGS - 1988 DATE PLEW FINN TAYLOR BILODEAU O'ROURKE #•iE##-3F#�E####-3F###�E•#iE•#9E##-IE�F##-3E•#•H-##•3E•-lE###iE#-IEiF###############iE#dt-##9EiF## 2/02/88 P P P P 3/01/88 P P P P 4/05/88 P P P P (� 5/03/88 P P P P P 5/24/88 P P P P A 6/21/88 P A P P P 8/2/88 P P P P P 08/10/88 P P P P P 09/06/88 P P P P P 10/04/88 P P P P A 11/01/88 P P P P P 12/06/88 P P P P P 12/06/88 P P P P P