HomeMy WebLinkAbout1996TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS
INDEX - 1996
RES. NO.
DATE
PAGE
1
02/27/96
WESTMORELAND PROPERTIES NYS RTE 281
3
VARIANCE sign 95.12-01-10.000 APPROVED
2
MIKE EDWARDS (Upstate Auto) sign
3
NYS RTE 281 VARIANCE 86.13-01-22.000
TABLED no one present
3
Minutes of December 27, 1995 APPROVED
3
4
03/26/96
ANGELO COSTANTINI 3676 ROUTE 11
6
VARIANCEaddi-tion 97.02-01-16.000 APPROVED
r
5
ROBERT & SHERYL KENYON CLINTON ST EXT
6
VARIANCEaarage 88.20-01-04.100 APPROVED
6
ANDREW CHAVOUSTIE 2852 NYS RTE 41
6
VARIANCE2nci house 88.16-01-11.100 APPROVED
t
` 7
MIKE ED(ARDS (Upstate Auto) sign
7
NYS RTE 281 VARIANCE 86.13-01-22.000
APPROVED
8
Minutes of February 27, 1996 APPROVED
7
9
04/02/96
CBB LIMITED Valu Home Center sign
9
GROTON AVE VARIANCE 86.13-01-58.10APPROVED
10
CORTLAND MHP -ASSOCIATION TOPMKINS ST
9
VARIANCE closer than allowed
96.09-02-53.200 DENIED
11
MICHAEL ARNOLD 4521 LOCUST AVE garage
9
VARIANCE 76.00-03-15.000 APPROVED
12
04/23/96
PATRJ CIA ALLEN 4385 LOCUST AVE
10
VARIANCEaddition 76.16-01-12.000 APPROVED
13
DALE BELL 4409 SWEENEY RD
11
VARYANCEmobile home 75.00-02-14.110
APPROVED
14
DAVID MCCLOY 4233 MCCLOY RD
11
VARIANCEmachine shop 84.00-02-02.000
APPROVED
15
PETER BERARDI 1071 RTE. 13 sign
12
VARIANCE 96.09-01-28.000 DENIED
TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS
INDEX - 1996
RES. NO.
DATE
- PAGE
16
04/23/96
Minutes of April 2,1996 APPROVED 12
17
05/14/96
MARK & ROBERTA CHASE 3554 ROUTE 215 14
VARIANCE 96.00-07-07.000 APPROVED pool
18
PAUL CALLOW (PRO AUDIO) 991 TOMPKINS 14
VARIANCE 95.16-01-11.000 APPROVED sign
19
JEFF & CINDY HERING 791 N LAMONT CIRCLE 14
VARIANCE 95.16-01-73.000 APPROVED addition
20
ELEANOR TARBELL 1307 BELL DRIVE 15
VARIANCE 76.15-01-04.000 APPROVED addition
21
JOHN MURDOCK 3626 WORTHINGTON PLACE 15
VARIANCE 95.11-02-26.000 APPROVED house
22
CORTLAND ESTATES MH PARK TOMPKINS ST 15
VARIANCE 96.09-02-53.200 DENIED prop line
23
Minutes of April 23, 1996 APPROVED
24
05/28/96
CORTLAND ESTATES MH PARK TOMPKINS ST 17
VARIANCE 96.09-02-53.200 TABLED prop line
25
LAWERANCE ELLIS 84 LUMBER sign 17
RTE. 13 SOUTH VARIANCE 105.00-01-21.000
105.08-01-09.000 APPROVED WITH CONDITIONS
26
STEVEN TIMMONS 3748 RTE 281 VARIANCE 17
96.05-01-03.000 DENIED dealership at home
27 Minutes of May 14,1996 APPROVED
28 06/25/96 CORTLAND ESTATES MH PARK TOMPKINS ST 20
VARIANCE 96.09-02-53.200 APPROVED prop line
29 STEPHAN BENTRUP & MARILYN HESS 20
2975 US ROUTE 11 VARIANCE garage
108.00-01-39.000 APPROVED
30 281 GROTON CORP. BILL PORTER 20
GROTON AVE. VARIANCE sign
086.13-01-55.200 DENIED
31 DAVID BRIGGS 4012 KINNEY GULF RD 21
VARIANCE 86.09-01-20.000 APPROVED porch
TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS
INDEX - 1996
RES. NO.
DATE
PAGE
32
06/25/96
CORTLANDVILLE CROSSING ASSOCIATES
21
RTE 13 CORTLANDVILLE CROSSINGS VARIANCE
95.20-01-3.111 APPROVED sign
33
KENNETH & SUSAN ANGELL 3348 MAPLE AVE
21
VARIANCE 107.02-01-20.000 APPROVED porch
34
APPROVE CORRECTED MINUTES OF MAY 28,1996
21
35
07/15/96
T.W DARBISHIRE 1805 LIGHTHOUSE HILL RD
24
VARIANCE 77.00-10-02.000 mobile home
EXTENSION APPROVED until november 1. 1996,
36
LYNN H. MOORE 3239 CORTLAND-VIRGIL RD.
24
VARIANCE 105.08-01-16.000 APPROVED pool
37
CORT. TIMBER CORP NCR 842 BENNIE RD
24
VARIANCE 105.00-01-22.100 APPROVED sign
38
08/14/96
MICHAEL & DORTHY PALLADINO front porch
26
3614 PLEASANTVIEW DRIVE VARIANCE
96.09-02-24.00O'APPROVED
39
HARRY NEWCOMB (NEWCOMB MOTORS) sign
27
3870 WEST RD VARIANCE 86.17-01-11.000
APPROVED
40
MINUTES OF June 25 & July 15, 1996
27
APPROVED
41
09/11/96
SCOTT POWERS 3543 KELLOGG RD body shop
29
VARIANCE 97.04-01-08.000 APPROVED
42
GLENN RIPLEY 4516 WEST deck
29
VARIANCE 76.00-01-29.000 APPROVED
43
JUSTINE BUTLER 3626 WORTHINGTON PLACE
29
VARIANCE 95.11-02-26.000 APPROVED pool
44
DAVID & ROBIN QUAIL 2273 MAIN ST
30
VARIANCE 97.04-02-29.000 APPROVED front
porch
45
JONATHAN& MARY KIRKWYLAND 4429 MCCLOY RD
30
VARIANCE 74.00-03-06.000 APPROVED greenhouse
46
ROBERT JONES 4401 NICHOLS RD deck
30
VARIANCE 78.00-01-31.000 APPROVED
TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS
INDEX - 1996
RES. NO.
DATE
PAGE
4.7
09/11/96
Minutes of August 14, 1996
APPROVED
30
48
09/24/96
SANDRA JOHNSON 3674 RTE
215 business
31
VARIANCE 96.11-01-02.120
APPROVED
49
Minutes of September 11,
1996 APPROVED
32
50
10/29/96
JAMES STEVENS RIDGEVIEW
AVE
34
VARIANCE 86.00-02-11.000
TABLED lot small
51 WILLIAM LUKE 3878 NYS RTE 281 35
VARIANCE 86.17-01-08.210 APPROVED sign
52 TIMOTHY HALLOCK BLUE CREEK RD 35
VARIANCE 76.00-04-08.000 APPROVED garage
53 EARL SILVERNAIL 700 NYS RTE 13 35
VARIANCE 105.00-01-47.000 APPROVED building
54 GARY MILLER 3736 LYNCORT DRIVE 36
VARIANCE 96.06-01-08.000 APPROVED addition
55 Minutes of September 24, 1996 APPROVED
56 MARSHALL BROTHERS.ROUTE 11 POLKVILLE 38
VARIANCE 97.02-01-24.000 APPROVED signs
57 Minutes of October 29, 1996 APPROVED 38
5B 12/30/96 STEPHEN JORDON 2808 HOXIE GORGE RD 39
VARIAANCE 108.00-01-60.000 APPROVED addition
ZONING BOARD OF APPEALS - JANUARY - 1996
NO REGULAR MEETING HELD FOR THE MONTH OF JANUARY
RECEIVED MAR 0-3199g
TowN OF CORTLANDVILLE ZONING BOARD OF APPEALS
Tuesday, 27 February 1996
Board Members (*absent)
David Plew, Chairperson
John Finn
Joann O'Rourke
Thomas Bilodeau
Patricia Wright
Public Present
Others Present
Bruce Weber, Code Enforcement Officer
Joan E. Fitch, Board Secretary
Stacey J. Whitsell, Clerk at Red Apple/Kwik Fill; Leslie W. Sandman of Pall -Trinity Micro Corp.
The Public Hearing was called to order at 7:03 p.m. by Acting Chairman Finn who read the Legal
Notice, published as follows:
Notice is hereby given that a public hearing before the Zoning Board of Appeals of the Town
of Cortiandville will be held Tuesday, February 27, 1996, at 7:00 p.m. at the Town Hall,
3577 Terrace Road, in the Town of Cortlandville, NY to consider the following application
pursuant to the 1986 Zoning Law:
1. In the matter of the application of United Refining Co. of Pennsylvania for
property located at Route 281, Cortland, NY, Tax Map Parcel No. 95.09-02-
41.000, for a variance in the terms and conditions of Article XV, Section 2, Table
15.3 of such Zoning Law to allow for a building -mounted sign to be illuminated
andfor a sign closer to property line and taller than allowed..
The above applications are open to inspection at the office of Bruce A. Weber, Code
Enforcement Officer, 3577 Terrace Road, Cortland, NY, or call 607/756-7490. Persons
wishing to appear at such hearing may do so in person or by attorney or other
representative.
Communications in writing in relation thereto may be filed with the Board or at such
hearing.
Dated: February 14, 1996 Joan Fitch, Secretary
Zoning Board of Appeals
(Note: The tax map parcel number in the above notice is incorrect and should read
#95.12-01-10.000; the application and map submitted by the applicant, however, do
reflect the appropriate parcel.)
CEO Officer Weber indicated that the property in question comprises a convenience store (Red Apple)
with a gasoline pump island (Kwik Fill), located at the intersection of McLean Road and NYS Route
281, across from Pall Trinity Micro.
Chairman Plew then asked Mr. Weber what the status was of Mr. Edwards' Upstate Auto Store (TM
#86.13-01-22.000). Mr. Weber replied that he had attempted to call Mr. Edwards the week before with
no success, and had again called him this week and left a message on his answering machine about
tonight's meeting. He also said that he had tried to reach him three times today on the phone, and
had no luck. Mr. Weber stated that he left a message on his machine so he is aware of the meeting.
United Refining Co. of Pennsylvania - NYS Route 281 - TM #95.12-01-10.000
Chairman Plew then recognized Stacey Whitsell who was present to represent United Refining
Company of Pennsylvania. The sizes/locations of the signs were discussed. The company, as stated in
their August 4, 1995 letter to the Town Code Enforcement Office, was asking to add a 4' by 12' sign to
3
M Cortlandville Zoning Board of Appeals R E C E I V ED MAR 0 3 L��'7� February 1996
the front of the building, and to upgrade "the ID sign from 4' by 8' to 5' by 10'," utilizing the existing
( sign pole. The 4' by 8' free-standing sign presently reads "Kwik Fill" and the larger sign would read Red
Apple on the top and Kwik Fill on the bottom. Mr. Weber stated that this new sign, because of its
increase in size, would be taller than presently allowed by 2± feet, and 6"± closer to the property line.
Mr. Bilodeau asked Mr. Weber why this sign was not "grandfathered in." CEO Weber stated there
would be no problem if the sign were replaced with another 4' by 8', but since the proposed sign is
larger, it is an expansion of its non -conforming use. Member Bilodeau asked Mr. Weber if the proposed
building sign would be okay; Mr. Weber replied that since they plan to illuminate the sign, this also
requires a variance. In response to Chairman Plew's question, Ms. Whitsell stated that as far as she
knew, these signs were standard for Red Apple. Member Finn asked Ms. Whitsell if the signage would
be same as that for the Red Apple located at the intersection of McLean Road and Tompkins Street
(NYS Route 13). She replied that she believed it would. Mr. Plew asked Mr. Weber if the proposed
signage at Red Apple (northeast corner of the intersection) would be similar in size to the signs utilized
by the Mobil station at the southwest comer of the same intersection. He stated that the size would be
very similar. Mr. Finn asked Leslie Sandman, representing Pall Trinity Micro, if he had any questions.
Mr. Sandman stated that he was present to ascertain the nature of the variance request, and that
there appeared to be "nothing of concern happening." As there were no further questions or
comments, Chairperson Plew closed the public hearing at 7:12 p.m.
Board Member Joann O'Rourke then made a motion to grant the variance, as requested. The motion
was seconded by Board Member Patricia Wright. All Board members voted in favor.
This becomes Resolution #1 of 1996.
Upstate Auto Store -NYS Route 281 -.TM #86.13-01-22.000 -
Chairperson Plew brought back to the table the previous request of Mike Edwards for a variance to
allow the signs at his business (already in place) to be greater in number and closer to the property line
than allowed. Mr. Edwards was not present at tonight's meeting. At the December 27, 1995 meeting,
Mr. Weber told Mr. Edwards he (the applicant) had measured from the wrong point, so the Board tabled
the matter to allow Mr. Weber, along with Mr. Edwards, to field check the distances to ascertain the
correct measurements. CEO Weber reported that he indicated to Mr. Edwards at the site where the
right-of-way line was and, after measuring from this point, the sign in question was too close to the
property line by approximately 13 feet. Chairman Plew stated that he had nothing against the present
placement of the sign. Member Finn stated his concern was with the fact that applicants (in general)
know what is required but purposely ignore/forget the requirements, go ahead and do what they
intend and, after the fact, find out what they've done is okay, and they didn't need to abide by the rules
anyway. He brought up the fact that Mr. Edwards knew he had to obtain a permit for a sign, but did
not. A discussion then ensued about the distance measured from the ROW line as opposed to
measuring from the curb, as the applicant had done. Chairperson Plew once again stated he had no
problem with the present location of the sign, but he did have a problem with Mr. Edwards not coming
before the Board as requested. Mr. Weber offered the comment that Mr. Edwards might not have
received his message, and suggested that the Board may want to table the matter until the next
regularly scheduled meeting. Mr. Finn agreed that perhaps the thing to do would be to table the
request for a variance. Chairperson Plew then made a motion to table the request for a variance
because Mr. Edwards was not present. The motion was seconded by Board Member John Finn, with all
Board members voting in the affirmative.
This becomes Resolution #2 of 1996.
A motion was made by John Finn to approve the December 27, 1995 minutes of the Zoning Board of
Appeals as submitted. Mr. Bilodeau seconded the motion, with all Board members voting in the
affirmative.
This becomes Resolution #3 of 1996.
F,
(T) Cortlandville Zoning Board of Appeals 27 February 1996
RECEIVED MSR o3 igs
A motion was made by John Finn to adjourn the meeting; seconded by Joann O'Rourke, with all
members voting in favor.
The meeting was adjourned at 7:25 p.m.
Respectfully submitted,
OJoanE. Fitch, Secretary
Town of Cortlandville Zoning Board of Appeals
3
14
5
RECOVE-D APR 1 7 1996
TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS
Tuesday, 26 March 1996
Board Members (*absent)
*David Plew, Chairperson
John Finn
*Joann O'Rourke
Thomas Bilodeau
Patricia Wright
Public Present
Others Present
Bruce Weber, Code Enforcement Officer
Joan E. Fitch, Board Secretary
Bob Kenyon, Angelo Costantini, Mike Edwards, Lois Thomas, David Seager, Wayne Sisson, and Andrew
Chavoustie.
The Public Hearing was called to order at 6:30 p.m. by Acting Chairman Bilodeau. Board
Secretary Fitch read the Legal Notice, published as follows:
Notice is hereby given that a public hearing before the Zoning Board of Appeals of the Town
of Cortlandville will be held 7YLesday, March 26, 1996, at 6:30 p.m. at the Town Hall, 3577
Terrace Road, in the Town of Cortlandville, NY to consider the following applications
pursuant to the 1986 Zoning Law:
1. In the matter of the application of Angelo Costantiru, for property located at 3676
Route 11, Cortland, NY, Tax Map Parcel No. 97.02-01-16.000, for a variance in
the terms and conditions of Article III, Section 6 of such Zoning Law to allow for
an addition to be closer to the front property line.
2. In the matter of the application of Robert & Sheryl Kenyon, for property located at
Clinton Street Extension, McGraw, NY, Tax Map Parcel No. 88.20-01-04.I00, for
a variance in the terms and conditions of Article III, Section 6 of such Zoning Law
to allow for an agricultural use closer to side property than allowed
3. In the matter of the application of Andrew Chavoustie, for property located at
2852 Route 41, Cortland, NY, Tax Map Parcel No. 88.16-01-11.100, for a
variance in the terms and conditions of Article III, Section 6 of such Zoning Law
to allow for a second dwelling on the property.
The above applications are open to inspection at the qffce of Bruce A. Weber, Code
Enforcement Officer, 3577 Terrace Road, Cortland, NY, or call 6071756-7490. Persons
wishing to appear at such hearing may do so in person or by attorney or other
representative.
Communications in writing in relation thereto may be filed with the Board or at such
hearing.
Dated: March 14, 1996 David Plew, Chairperson
Zoning Board of Appeals
Angelo Costantini - 3676 US Route 11 - TM #97.02-01-16.000
Acting Chair Bilodeau then recognized Mr. Costantini who explained that he wanted to construct a 36'
wide by 30' deep three -car garage, attached to his house on the subject property; however, the
placement thereof would be closer to the front property line than allowed. Mr. Weber stated that the
other boundary distances were satisfactory and there were no objections received from the adjacent
property owners who were notified of tonight's public hearing. As there were no further questions or
comments, Mr. Bilodeau closed the public hearing.
APR 17 1986
(T) Cortlandville Zoning Board of Appeals 26 March 1996
The Board determined that because of the topography involved, the applicant's request should be
granted. Board- Member John Finn then made a motion to. grant the variance, as. requested. The
motion was seconded by Board Member Patricia Wright. All Board members voted in favor.
This becomes Resolution #4 of 1996.
Robert & Sheryl Kenyon - Clinton Street -Extension (McGraw) - TM #88.20-01-04.100
Acting Chairperson Bilodeau recognized Bob Kenyon who came before the Board to request a variance
to allow for an agricultural use closer to the side property line than allowed. Mr. Kenyon wishes to
construct a two-story barn 40 feet from the east side boundary.. Member Finn asked Mr. Kenyon about
the access to his 9.765=acre lot which is via a driveway between the Gulini property and the Eaton
property on Clinton Street Extension. Mr. Kenyon stated that years ago there was a barn in
approximately the same location, but it had been removed in its entirety., Mr. Finn asked CEO Weber if
the proper notifications had been sent to- the adjoining property- owners. Mr. Weber stated that -'they
had and he had received calls from some of the neighbors who had questions about the application.
There being' no further questions or comments from those present, Mr. Bilodeau closed the public
hearing. "
The Board determined that the applicant's request should be granted. Board Member John Finn then
made a motion to grant the variance, as requested. The motion was seconded by Mr. Bilodeau. All
Board members voted in favor.
This becomes Resolution #5 of 1996.
Andrew J. Chavoustie - 2852 NYS Route 41 (McGraw) - TM #88.16-01-11.100
L Acting Chairperson Bilodeau recognized Andrew Chavoustie who came before the Board to request a
variance to allow a second dwelling on his property. Mr. Chavoustie stated that the proposed double -
wide,, ranch 'style. home was to be for the use of his mother, father, and - adult, mentally retarded
brother. He explained that his mother was incapacitated due to multiple sclerosis and was presently
living in a two-story home, making it difficult for her to access the second floor without assistance.
Allowing the home to be placed at the rear of Mr. Chavoustie's lot would make things -much easier for
the family. Mr. Chavoustie's neighbor, Lois Thomas,- was, present, along with some of her family
members, in support of his variance request. The Board questioned the applicant about the roadway (a
private drive to the rear.of his lot) shown on the map accompanying his variance request, the setback
distances (okay .per Mr. Weber), proximity to neighbors, type of driveway proposed (crushed stone),
emergency access; etc. Mr. Chavoustie stated that water ,supply and septic system would be in
accordance with Health Department requirements. Member Finn then expressed a concern that when
Mr. Chavoustie's family is no longer willing or able to live there, what happens then? Would it become
a rental property? Mr. .Chavoustie stated that it would. not. After some discussion the Board decided
that at such time when his parents are no longer willing or able to live there, the home would be
removed -from the property in its entirety. Mr. Chavoustie stated that his adult brother would not be
able to take care of himself under those circumstances and would, therefore, reside with him. There
being no further questions or comments from those present, Mr. Bilodeau closed the public hearing.
The Board -determined that the applicant's request should be granted. Mr. Bilodeau then made a
motion to grant the variance, as requested, as long as Mr. Chavoustie's parents are willing and able to
reside there.. The dwelling will then be removed from the property within six months from the date of
parental non -occupancy. The motion was seconded by Member Wright. All Board members voted in
favor.
This becomes Resolution #6 of 1996.
(T) Cortlandville Zoning Board of Appeals
ECAPR j 7 1996
26 March 1996
Upstate Auto Center - NYS Route 281 - TM #86.13-01-22
�1 Acting Chairperson Bilodeau opened a discussion of Mr. Edwards' previously tabled request for a
' variance to allow an existing sign to remain closer to the right-of-way than allowed. Mr. Edwards
stated that he re -measured in the presence of CEOWeber and Mr. Weber's measurements were correct,
making his existing sign 13± feet too close to the right-of-way.
The Board determined that, after a review of the alternatives, the applicant's request should be granted.
Board Member Patricia Wright then made a motion to grant the variance, as requested. The motion
was seconded by Mr. Bilodeau. All Board members voted in favor.
This becomes Resolution #7 of 1996.
A motion was made by John Finn to approve the February 27, 1996 minutes of the Zoning Board of
Appeals as submitted. Mr. Bilodeau seconded the motion, with all Board members voting in the
affirmative.
This becomes Resolution #8 of 1996.
A motion was made by John Finn to adjourn the meeting; seconded by Tom Bilodeau, with all members
voting in favor.
The meeting was adjourned at 7:00 p.m.
Respectfully submitted,
1
2anFitch, Secretary
Town of Cortlandville Zoning Board of Appeals
3
!RECEIVED
TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS
-' Tuesday, 2 April 1996
Board Members (*absent) Others Present
*David Plew, Chairperson Bruce Weber, Code Enforcement Officer
John Finn Joan E. Fitch, Board Secretary
*Joann O'Rourke
Thomas Bilodeau
Patricia Wright
Public Present
Michael A. Ervolina, Jr., and James M. Arent of Value Home Centers, Buffalo Corporate Office; Michael
R. Arnold & visiting guest, Ingeborg Majer O'Sickey.
The Public Hearing was called to order at 7 p.m. by Acting Chairman Bilodeau. Board Secretary
Pitch read the Legal Notice, published 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 April 2, 1996, at 7 p.m. at the Town Hall, 3577
Terrace Road, in the Town of Corttandville, NY to consider the following applications
pursuant to the 1986 Zoning Law:
1. In the matter of the application of Value Home Center for the property located at
Groton Avenue Plaza, Cortland NY, Tax Map Parcel No. 86.13=01-58.100, for a
variance in the terms and conditions of Article XV., Section 2.2, Table 15.3 of
such Zoning Law to allow for a sign closer to property line and building -mounted
sign to be illuminated.
2. In the matter of the application of Cortland Mobile Home Park for property located
at Tompkins Street, Cortland, NY, Tax Map Parcel No. 96.09-02-53.200, for -a
variance in the terms and conditions of the House Trailer Ordinance, Section 6.B
of such Zoning Law to allow for a mobile home closer to front property line than
allowed
3. In the matter of the application of Michael Arnold for property located at 4521
Locust Avenue, Cortland, NY, Tax Map Parcel No. 76.00-01-32.211, for a
variance in the terms and conditions of Article IV, Section 5 of such Zoning Law
to allow an accessory building with a height of greater thanfifteen leen (15) feet. -
The above applications are open to inspection at the office of Bruce A. Weber, Code
Enforcement Officer, 3577 Terrace Road, Cortland, NY, or call 6071756-7490. Persons
wishing to appear at such hearing may do so in person or by attorney or other
representative.
Communications in writing in relation thereto may be filed with the Board or at such
hearing.
Dated: March 26, 1996 David. Plew, Chairperson
Zoning Board of Appeals
Valu Home Center = Groton Avenue Plaza - TM #86.13-01-58.100
Acting Chair Bilodeau recognized Mike Ervolina, VP of Valu Home Center, who appeared before the
Board to request a variance as stated above. The new Valu Home Center will be located in the former
Tops Market area of the plaza, with a projected opening date in May. Mr. Ervolina presented large
their store in Lockport, NY, which is very similar to
photographs showing existing storefront/signs at
that proposed for Cortlandville. The company wishes to have this facility look the same as all of their
Vol
9 .
(T) Cortlandville Zoning Board of Appeals DECEIVE® SPR 1 2 April 1096
other 31 stores. He described the locations and sizes of the signs they would like. They do plan to
utilize the former Tops signpost at the- front of the property along Groton Avenue. Because of the
setback distance to the store from Groton Avenue, Mr. Ervolina stated that the company needed to
display their free-standing sign along the street. They also plan to be open, in the evening, so wish. to
have the signs illuminated. CEO Weber reported that there -was no problem -with the sizes of the signs.
As there were no further questions or comments, Mr: Bilodeau closed the public hearing.
After a brief discussion, the Board determined that the applicant's request should be granted. Board
Member John Finn then made a motion to grant the variance. ,The motion was seconded by Board
Member Patricia Wright. All Board members present voted in favor.
This becomes Resolution #9 of 1996.
Cortland Mobile Home Park - Tompkins Street - TM #96.09-02-53.200
Acting Chairperson Bilodeau asked for a representative from Cortland Estates to come before the Board
to explain the variance requested. No representative was present. The mobile home that is too close to
the edge of the road has already been placed according to CEO Weber who stated that he was visiting
the park on another matter when he noticed the placement of the new mobile home. The mobile home
in question is replacing'a previous, smaller home on the. site, and the installation, at the time of his
visit, was almost complete .without a permit being obtained. Acting Chairperson Bilodeau then
recommended denial of the variance, seconded by John Finn, with all members present voting in favor.
This becomes Resolution # 10 of 1996.
Michael R. Arnold - 4521 Locust Avenue - TM -#76.00-01-32.211
`} Acting Chairperson Bilodeau recognized Mike Arnold who appeared before the Board to request a
variance from the height restriction for an accessory building he proposes to construct on his property.
The peak height of the proposed building will be 18.5 feet, while the Zoning Law limits the height to 15
feet. He proposes to use the 40' x 56 x 10' pole barn for equipment storage and a hobbyist workshop
which is presently in the basement of his home. The actual finished height of the accessory building
will be lower thanhis existing house and garage. He wishes to have the variance for the building to (1)
mitigate a respiratory problem caused by the workshop dust, and (2) to - eliminate the unsightliness of
open-field machinery storage. The workshop would not be used as a business. There being no further
questions or comments from.those present, Mr. Bilodeau closed the public hearing.
The Board determined that the applicant's request should -be granted. Member Wright then made a
motion to grant the variance, seconded by Member Bilodeau. All=Board members voted in favor. .
This becomes Resolution #I I of 1996..
There being no further business to come before the Board, a motion was made by Member Wright to
adjourn the meeting, seconded by Tom Bilodeau, with all members present voting in favor.
The meeting was adjourned at 7:25 p.m.
Respectfully submitted,
Jo E. Fitch, Secretary
Town of Cortlandville Zoning Board of Appeals
2-
r
ICSWED MAY 13 '1996
TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS
Tuesday, 23 April 1996
Board Members (*absent)
David Plew, Chairperson
John Finn
*Joann O'Rourke
Thomas Bilodeau
Patricia Wright
Public Present
Others Present
Bruce Weber, Code Enforcement Officer
Joan E. Fitch, Board Secretary
David McCloy; Kevin Becker of Footie's Freez; Dale Bell; Patricia Allen
The Public Hearing was called to order at 7 p.m. by Chairman Plew who read the Legal Notice,
published as follows:
Notice is hereby given that a public hearing before the Zoning Board of Appeals of the Town
of Cortlandvilie will be held Tuesday, April 23, 1996, at 7 p.m. at the Town Hall, 3577
Terrace Road, in the Town of Cortlandville, NY to consider the _following applications
pursuant to the 1986 Zoning Law:
1. In the matter of the application of Patricia Allen for property located at 4385
Locust Avenue, Cortland, NY, Tax Map Parcel No. 76.16-01-12.000, for a
variance in the terms and conditions of Article IV, Section 5 of such Zoning Law
to allow for a rear yard less than allowed.
2. In the matter of the application Rocci's Restaurant for property located at 294
Tompkins Street, Cortland, NY, Tax Map Parcel No. 96.09-01-28.000, for a
variance in the terms and conditions of Article XV, Section 2.2, Table 15.3 of
such Zoning Law to allow for a sign closer to the property line than allowed and
signage area greater than allowed.
3. In the matter of the application of Dale Bell for property located at 4409 Sweeney
Road, Cortland, NY, Tax Map Parcel No. 75.00-02-14.110, for a variance in the
terms and conditions of Article III of such Zoning Law to put a mobile home on
the property.
4. In the matter of the application of David McCloy for property located at 4233
McCloy Road, Cortland, NY, Tax Map Parcel No. 84.00-02-02.000, for a variance
in the terms and conditions of Article III of such Zoning Law for a home
occupation to use an accessory building larger than 200 square feet.
The above applications are open to inspection at the office of Bruce A. Weber, Code
Enforcement Officer, 3577 Terrace Road, Cortland, NY, or call 607/756-7490. Persons
wishing to appear at such hearing may do so in person or by attorney or other
representative.
Communications in writing in relation thereto may be filed with the Board or at such
hearing.
Dated: April 11, 1996
David Plew, Chairperson
Zoning Board of Appeals
Patricia Allen - 4385 Locust Avenue - TM #76.16-01-12.000
Chairman Plew recognized Patricia Allen who appeared before the Board to request a variance as stated
above. Miss Allen submitted a narrative to the Board explaining that she wishes to construct a
)0
g� 3 i9g6 1.�
M Cortlandville Zoning Board of Appeals ECFjV � �I Y 1 23 April 1996
narrow, rectangular -shaped addition to the rear of her home which would be less than the allowed
setback distance from the rear property line. With no further comments from anyone present,
Chairman Plew closed the public hearing.
After a brief discussion, the Board determined that the applicant's request should be granted. Board
Member David Plew then made a motion to grant the variance. The motion was seconded by Board
Member John Finn. All Board members present voted in favor.
This becomes Resolution # 12 of 1996.
At this point, Chairman Plew asked if there was anyone present to represent Rocci's Restaurant in their
request for a variance. There being no one present at this time, Mr. Plew postponed this item on the
agenda until later in the public hearing.
Dale Bell - 4409 Sweeney Road - TM #75.00-02-14.110
Chairperson Plew recognized Dale Bell who was present to request a variance to allow a mobile home
(double -wide) to be placed on his property. The double -wide home would replace Mr. Bell's home which
was destroyed by fire last year. He stated that his neighbor, Charles Proctor, is going to be selling a
double -wide at his upcoming auction and Mr. Bell would like to purchase it. He stated that the home
would be placed on a foundation with a basement. Mr. Plew asked Mr. Weber what the Code read
regarding double-wides placed on an actual basement, as Mr. Plew felt this was not a "mobile home."
CEO Weber replied at it was, in fact, defined as a mobile home. With no further questions or comments
from those present, Chairman Plew closed the public hearing.
After only a brief discussion, Member Bilodeau made a motion to recommend approval of the requested
variance, seconded by Patricia Wright, with all members present voting in favor.
This becomes Resolution # 13 of 1996.
David McCloy - 4233 McCloy Road - TM #84.00-02-02.000
Chairman Plew recognized David McCloy who was present to request a variance as stated above. Mr.
McCloy wishes to utilize a portion of his home's attached garage, which is larger than 200 square feet,
for a small machine shop. He plans to do work in his shop for local farmers as well as other
companies. He wants to utilize equipment (mill, lathe, small grinder) he has there now to do small jobs
at his home. There would be no chemicals involved. Member Finn expressed safety concerns, i.e.,
maybe a fire separation between the garage and home. Mr. McCloy stated that the garage was
constructed with fire -rated sheetrock on the garage ceiling. Mr. Weber stated that he would go over the
Building Code with him at another time. The Board was also concerned that the one-man business not
become more than just that. Member Finn asked Mr. McCloy how he would go about acquiring
customers -- would he have a sign, advertising, etc. Mr. McCloy stated he did not want to put up a sign
and that his marketing would be through flyers and personal contacts, and that he would not be
working for the general public. He would like to be a `job shop" for a company such as Raymond in
Greene. He also will not have any customer vehicles/machinery sitting on the site. There being no
further questions or comments from those present, Mr. Plew closed the public hearing.
The Board determined that the applicant's request should be granted with conditions. Chairman Plew
then made a motion to grant the variance requested, conditioned upon if the business becomes more
than a one-man operation, then the variance would be terminated; seconded by Member Bilodeau. All
Board members present voted in favor.
This becomes Resolution # 14 of 1996.
2
(T) Cortlandville ZoningBoard of Appeals
pp �:i�. MAY 1 3 199 23 April 1996
Rocci's Restaurant - 294 Tompkins Street Extension - TM #96.09-01-28.000
Rocci's Restaurant had submitted a request for a variance as stated above. As there was no one
present to represent the applicant, Chairman Plew asked CEO Weber what they wanted to do.
According to Mr. Weber, and as presented on a sketch accompanying the application, they propose to
install a 6 -foot wide sign, 10 feet off the ground, in the existing planter in front of the business,
utilizing an existing sign pole. It also showed a "message sign" with a 4 -foot height. However, Mr.
Weber stated that there was only sign, even though it appeared confusing. The reason stated on the
application was "use old Rocci's sign, to advertise food specials and messages. Pole & fixtures still
standing. Lower sign to ground level." Mr. Finn said the sketch shows two signs, one 6 by 10, and
then the one to the right. CEO Weber said that he believes it depicts only one sign, but that specific
questions should'really be addressed to Mr. Berardi. Kevin Becker was then recognized and he stated
that he was present as he thought the discussion regarding this business was relative to a satellite
dish. Mr. Weber stated that the matter he was concerned with had nothing to do with this Board. Mr.
Becker also wished to address the parking problem and again Mr. Weber instructed him to go before the
Planning Board the following Tuesday. At this point, Mr. Becker left the public hearing. Resuming the
discussion on Rocci's variance application, the Chairman stated that he felt there was no reason why a
representative of the applicant could not be present to answer the Board's or the public's questions, if
any. Member Bilodeau felt that Rocci's was well known and that the large sign for OTB/Roccfs which
was approved and installed some time ago is sufficient to identify the business. Member Wright said
she thought it more advantageous to provide parking where the planter is. At this point, Member
Bilodeau made a motion to deny the variance for the sign; the motion was seconded by David Plew,
with all members present voting in favor.
This becomes Resolution #15 of 1996.
A motion was made by Patricia Wright to approve the minutes of the April 2, 1996 public
hearing/meeting as submitted, seconded by Member Bilodeau, with all members present voting in favor.
This becomes Resolution # 16 of 1996.
There being no further business to come before the Board, a motion was made by Member Wright to
adjourn the meeting, seconded by John Finn, with all members present voting in favor.
The meeting was adjourned at 7:30 p.m.
Respectfully submitted,
Joan E. Fitch, Secretary
Town of Cortlandville Zoning Board of Appeals
3
RECEIVE -0 MAY 2 9 1996
TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS
Tuesday, 14 May 1996
Board Members (*absent)
David Plew, Chairperson
John Finn
Joann O'Rourke
Thomas Bilodeau
*Patricia Wright
Public Present
Others Present
Bruce Weber, Code Enforcement Officer
Joan E. Fitch, Board Secretary
Eleanor Tarbell, Mark Chase, Paul Gallow of Pro Audio, James Reeners, Gary & Carlene Wilcox, James
& Patty O'Mara
The Public Hearing was called to order at 6:30 p.m. by Chairman Plew who read the Legal
Notice, published 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, May 14, 1996, at 6:30 p.m. at the Town Hall, 3577
Terrace Road, in the Town of Cortlandville, NY to consider the following applications
pursuant to the 1986 Zoning Lazo:
1. In the matter of the application of Cortland Mobile Home Parkfor property located
at Tompkins Street; Cortland, NY, Tax Map Parcel No. 96.09-02-53.200, for a
variance in the terms and conditions of the House Trailer Ordinance, Section 6b
of such Zoning Law to allow for a front yard less than allowed
2. In the matter of the of Mark & Roberta Chase for property located at 3554 Route
215, Cortland, NY, Tax Map Parcel No. 96.00-07-07.000, for a variance in the
terms and conditions of Article III, Section 6 of such Zoning Law to allow for a
rear yard less than allowed.
3. In the matter of the application of Paul Gallow for property located at 991
Tompkins Street, Cortland, NY, Tax Map Parcel No. 95.16-01-11.000, for a
variance in the terms and conditions of Article XV, Table 15.3 of such Zoning
Law to allow for building -mounted signs to be illuminated.
4. In the matter of the application of Jeff and Cindy Hering for property located at
791 Lamont Circle, Cortland, NY, Tax Map Parcel No. 95.16-01-73.000, for a
variance in the terms and conditions of Article 5, Section 5 of such Zoning Law to
allow for a front yard less than allowed.
5. In the matter of the application of Eleanor Tarbeil for property located at 17A Bell
Drive, Cortland, NY, Tax Map Parcel No. 76.15-01-04.000, for a variance in the
terms and conditions of Article IV, Section 5 of such Zoning Law to allow for a
rear yard less than allowed.
6. In the matter of the application of James O'Mara for property located at
Worthington Place, Cortland, NY, Tax Map Parcel No. 95.11-02-26.000, for a
variance in the terms and conditions of Article V, Section 5 of such Zoning Law to
allow for a rear yard less than allowed.
The above applications are open to inspection at the offwe of Bruce A. Weber, Code
Enforcement Officer, 3577 Terrace Road, Cortland, NY, or call 607/756-7490. Persons
wishing to appear at such hearing may do so in person or by attorney or other
representative.
13
(T) Cortlandville Zoning Board of Appeals
"RECEIVED -MAY 2- 9 1996
P4
14 May 1996
Communications in writing in relation thereto may be fled with the Board or at such
hearing.
Dated: April, 30, 1996
David Plew, Chairperson
Zoning Board of AppedIs
Cortland Mobile Home Park - Tompkins Street - TM #96.02-53.200
Chairman Plew asked for a representative of Cortland Mobile Home Park. No one being present, the
matter was postponed until such time in the hearing that the applicant's representative appeared.
Mark & Roberta Chase - 3554 Route 215 - TM #96.00-07-07.000
Chairperson Plew recognized Mark Chase who was present to request a variance to allow the
installation of an in -ground swimming pool in his rear yard. He explained that the pool, as shown on
the sketch presented, would fall 12 feet from the rear property line. Placement is dictated by the
location of the home's septic system. With no further questions or comments from those present,
Chairman Plew closed the public hearing.
After only a brief discussion, Member O'Rourke made a motion to recommend approval of the requested
variance, seconded by John Finn, with all members present voting in favor.
This becomes Resolution #17 of 1996.
Paul Gallow d/b/a Pro Audio - 991 Tompkins Street - TM #95.16-01-11.000
Chairman Plew recognized Paul Gallow who was present to request a variance as stated above. Mr.
Gallow wishes to install two 4'x 8' roof -mounted illuminated signs on his new Pro Audio building. Mr.
Weber stated that he did not realize these were roof -mounted signs; he thought they were to be
mounted on the front of the building. With Mr. Gallow's clarification, CEO Weber stated that roof -
mounted signs cannot extend above the roof line. There being no further questions or comments from
those present, Mr. Plew closed the public hearing.
Member Bilodeau then made a motion to grant the variance requested, seconded by Member O'Rourke.
All Board members present voted in favor.
This becomes Resolution - # 18 of 1996.
Jeff & Cindy Hering - 791 Lamont Circle - TM #95.16-01-73.000
Chairman Plew recognized Jim Reeners who appeared before the Board as representative for the
applicants. Mr. Reeners is a contractor (Reeners, Inc.). CEO Weber reported that he had received a call
this date from Richard Bowers, an adjacent property owner, who had a concern about the side yard
property line being off one foot, but would still meet the side yard setback. Mr. Reeners, also an
adjacent property owner, explained the difference to the Board. It was a.simple misunderstanding of
having the pins offset one foot; he offered to show Mr. Bowers how the difference occurs. He went on
to state that the completed addition will be 10 feet off the line and, if there was a one -foot difference, it
would then be 11 feet from the line. The addition proposed is an expansion of the garage and dining
room, and a variance was needed because of the front -yard setback. The setback requirement is 35
feet, and the proposed construction would be set back 30 feet. There being no further questions or
comments from those present, Mr. Plew closed the public hearing.
Chairman Plew then made a motion to grant the variance requested, seconded by Member O'Rourke.
All Board members present voted in favor.
This becomes Resolution #19 of 1996.
P
MAY 2-
M
MT Cortlandville Zoning Board of Appeals 14 May 1996
Eleanor Tarbell SCarlene'& Gary Wilcox) - 17A Hell Drive TM #76.16-01-04.000
r Chairman Plew recognized Jim Reeners who appeared before the Board as representative for. the
applicant. He explained that the owner wished to construct an addition to her home which would
reduce the rear yard setback to 32.5 feet where 40 feet is required.. There being no further questions or
comments from those present, Mr. Plew closed the public hearing.,
Member John Finn then made a motion to grant the variance requested, seconded by Member
O'Rourke. All Board members present voted in favor.
This becomes Resolution #20 of 1996.
James J. O'Mara Worthington Place - TM #95.11-02-26.000
Chairman Plew recognized Jim O'Mara who was present to request a variance as stated above. The
unusual. shape of the lot (on a cul de sac) makes placement of the proposed house fall as close as 17.9
feet from the .rear property line, where 40 feet is required. The Board commented that the size of the
lots in this subdivision appears small. Mr. Weber stated that the subdivision was approved by the
Planning Board, but no "typical" house was placed on a ' lot to show the , difficulty in conforming to
setback requirements; however, the lot size does meet the. requirements. There being no further
questions or comments from those present, Mr. Plew closed the public hearing.
Chairman Plew recognized that the adjacent property to the rear was a drainage area owned by the
Town of. Cortlandville, so there would be no further construction behind Mr. O'Mara's lot. Member Tom
Bilodeau then- made a motion to grant the variance requested, seconded by Member O'Rourke. All
Board members' present voted in favor.
This becomes Resolution #21 of 1996.
Cortland Mobile Home Park - Tompkins Street - TM #96.02-53.200
Chairman Plew again asked for a representative of Cortland Mobile Home Park. As no one was present,
a, motion was made by Member John Finn to deny the variance requested, seconded by Member Joann
O'Rourke, with all members present voting in favor.,
This becomes Resolution #22 of 1996.
A motion was made by Member Bilodeau to approve the minutes of the April 23, 1996 public
hearing/meeting as submitted, seconded by Member O'Rourke, with all members present voting in -
favor.
This becomes Resolution #23 of 1996.
There being no further business to come before the Board, a motion was made by Chairman Plew to
adjourn the meeting, seconded by Member John Finn, with all members present voting in favor.
The meeting was adjourned at 7:05 p.m.
Respectfully submitted,
/oan E. Fitch, Secretary
Town of Cortlandville Zoning Board of Appeals
3
I(P
TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS
Tuesday, 28 May 1996
Board Members (*absent)
David Plew, Chairperson
John Finn
Joann O'Rourke
Thomas Bilodeau
*Patricia Wright
Public Present
Others Present
Bruce Weber, Code Enforcement Officer
Joan E. Fitch, Board Secretary
Louis Yaman; Cheri Bomar of 84 Lumber Co.; Richard Metcalf of Cortland Estates MHP; Nick Pauldine,
Lena Musci, David Musci, Pete O'Connell, Louie Larson, Charles Masterpaul and David Perfetti, Atty.,
for West Road residents; Steve Timmons of Tropical Auto Sales & West Road resident; Robert Cincotta;
Tom Cummins
The Public Hearing was called to order at 6:30 p.m. by Chairman Plew who read the Legal
Notice, published as follows:
Notice is hereby given that a public hearing before the Zoning Board of Appeals of the Town
of Cordandville will be held Tuesday, May 28, 1996, at 6:30 p.m. at the Town Hall, 3577
Terrace Road, in the Town of Cortlandville, NY to consider the following applications
pursuant to the 1986 Zoning Law:
1. In the matter of the application of Cortland Mobile Home Parkfor property located
at Tompkins Street, Cortland, NY, Tax Map Parcel No. 96.09-02-53.200, for a
variance in the terms and conditions of the House Trailer Ordinance, Section 6b
of such Zoning Law to allow for a front yard less than allowed
2. In the matter of the application of Pierce -Hardy Limited Partnership for property
located at NYS Route 13S, Cortland, NY, Tax Map Parcel Nos. 105.00-01-21.000
and 105.08-01-09.000, for a variance in the terms and conditions of Article XV,
Section 15.4 of such Zoning Law to allow for a sign greater in height than
allowed.
3. In the matter of the application of Steven Timmons for property located at 3748
West Road, Cortland, NY, Tax Map Parcel No. 96.05-01-03.000, for a variance in
the terms and conditions of Article IV of such Zoning Law to allow for used car
sales in an R-1 District.
The above applications are open to inspection at the office of Bruce A. Weber, Cale
Enforcement Officer, 3577 Terrace Road, Cortland, NY, or call 607/756-7490. Persons
wishing to appear at such hearing may do so in person or by attorney or other
representative.
Communications in writing in relation thereto may be filed with the Board or at such
hearing.
Dated: May 20, 1996
David Plew, Chairperson
Zoning Board of Appeals
Cortland Mobile Home Park - Tompkins Street - TM #96.02-53.200
Chairman Plew recognized Richard Metcalf, Manager of Cortland Estates Mobile Home Park, who was
r present to request a variance to place a mobile home closer to the property line than allowed. CEO
Weber stated that the front setback requirement is 25 feet, and the applicant has only 19 feet. The
mobile home in question has been sitting on the lot for about two months, but has not been readied
(T) Cortlandville Zoning Board of Appeals RECOVEI) JUN 19 *W28 May 1996 ►l
for occupancy. Mr. Metcalf said the home sits in exactly the same place as did the double -wide that
was removed from the lot, but that it was larger in width and length. Member O'Rourke asked if the
home could be set back farther. Mr. Metcalf said he could go back no farther because of the layout of
the lot which rises at the rear; therefore, the home would be "into the ground." CEO Weber concurred
that there was quite a slope at that location. Member Finn asked if there was a concrete pad under the
home and Mr. Metcalf stated there was not, and that the home would be set on piers. No one present
having any further questions, Chairman Plew closed the public hearing.
After a brief discussion regarding the topography of the site, a motion was made by Chairman Plew to
table the decision on the variance until the next ZBA meeting to allow the Board members to
personally visit the site to observe the conditions. The motion was seconded by Member Finn, with all
members present voting in favor.
This becomes Resolution #24 of 1996.
Pierce -Hardy Limited Partnership (dba 84 Lumber Co.) - Rte. 13 S - TM #s 105.00-01-21.000 &
105.08-01-09.000
Chairperson Plew recognized Cheri Bomar of 84 Lumber Company who was present to request
permission to place a sign greater in height than allowed at the proposed lumber company site across
from Bennie Road. They are requesting.a sign height of 40 feet and the maximum allowable height is
25 feet. She stated that this was typical of the signage at their other stores. With no further questions
or comments from those present, Chairman Plew closed the public hearing.
After only a brief discussion, Chairman Plew made a motion to recommend approval of the requested
variance incorporating the conditions recommended by the Cortland County Planning Board on May
15, 1996; the motion was seconded by John Finn, with all members present voting in favor.
This becomes Resolution #25 of 1996.
Steven Timmons - 3748 West Road - TM #96.05-01-03.000
Chairman Plew recognized Steven Timmons who was appearing before the Board to request a variance
to allow for used car sales in an R-1 District (at his home on West Road). Mr. Timmons distributed a
portion of a Zoning Map showing his property and its proximity to other zones, along with a letter he
sent to his neighbors explaining his intentions. Chairman Plew asked Mr. Timmons if he could explain
the statement he made on the Short EAF (Item 6) saying that he "wished to maintain present character
of subject property (appearance)." Mr. Timmons stated that the only thing that would change would be
a "little landscaping," and that there would be no change to the outward appearance of his home. He
said there would, however, be a sign. He stated that the reason he wanted to establish his Tropical
Wheels business at his home was because of the heavy traffic exposure on West Road (25,000 vehicles
per day, he states) as compared to his Homer location on NYS Route 281 (7500 vehicles per day). Mr.
Timmons contends that his property is not residential in character, even though in an R-1 District.
Chairman Plew then recognized David Perfetti, Attorney, representing the five contiguous lot owners
who, in response to Member Finn's question, agreed that they were present in opposition of the
variance requested. The attorney presented a "Statement Opposing the Application..." to the Board
members and reviewed it with them. Chairman Plew asked CEO Weber if a property owner could have
two unlicensed vehicles on their property and CEO Weber concurred. Attorney Perfetti then replied
(also as stated on page 4 of his presentation) that the phrase in the Zoning Ordinance [Article XVI,
Sect. 16.9(2)] allowing "two motor vehicles per family" does not permit the storage of automobiles for
sale in the course of a used car business. Attorney Perfetti then presented photographs of the area to
the Board. Mr. Timmons then responded and reiterated his comments as submitted. He stressed the
close proximity of many new, large businesses. It was his opinion that "that area is obviously
committed to business." Chairperson Plew reminded W. Timmons that "at this time, it is zoned R-1.
Maybe ten years down the road there may be a four -lane highway, but there isn't now. Right now it's
R-1." He then asked Mr. Timmons if the two cars displayed in front of his home at the present time
f' rotate. Mr. Timmons replied that they do. Member Finn then questioned Mr. Timmons about his
statement that "granting the variance would prove to be mutually beneficial to all involved." It was Mr.
Pa
(T) Cortlandville Zoning Board of AppealsJUN 19 19961 28 May 1996
Timmons' belief that if he could conduct business there, "that would set a precedent ... and/or create
- the impression that that property has a great deal more potential than as a residence." In response to
Member O'Rourke, Mr. Timmons stated that he planned to relocate his Homer business to his West
Road property if the variance was granted because it was a much more desirable "business location."
He also stated that he "could not, in good faith, continue to invest money in that property,
residentially." Mr. Timmons also told the Board that they also needed to take into consideration that
Route 281 "was part of the National Highway System, and that Federal monies have been allocated,
and it is imminent that it is going to be four lanes." He then asked the Board members what they were
going to do when the State comes along and says they need 25 feet of his front lawn? Many newspaper
articles were also shown to those present by Mr. Timmons. Chairman Plew then interjected that what
Mr. Timmons was talking about was 5 to 10 years from now or more, and that the Board was
concerned with the law as it is now and not 5 to 10 years from now. Chairman Plew then asked Mr.
Timmons to explain the hardship he will have if the variance is not granted as he stated on his
Application for a Variance. Mr. Timmons replied that his hardship is "ultimately the stigma and all the
other factors of being put in a situation to sell my home and liquidate the estate and, in doing so, I can
say I've lost fifty grand and now I've incurred hardship." Chairman Plew replied that the hardship is
not at the present location and if the variance is denied, Mr. Timmons' hardship would be self -incurred.
He again asked Mr. Timmons, "What is the hardship you are incurring at this point?" Mr. Timmons
then replied that "residentially" he could not get in and out of his driveway -- and could not go left
between the hours of two and five o'clock in the afternoon. Chairman Plew then responded that if he
had a business there, with buyers, how could they get out? Speed limits were then discussed, and the
applicant stated he would even consider a traffic light there if he had a business. Mr. Timmons then
brought up the fact that the Larson property at 3718 West Road was a bed -and -breakfast business.
Mr. Weber stated that the bed -and -breakfast at this location conformed to the R-1 zoning. He then
brought up the fact that another neighbor, Barbara Pauldine, gives piano lessons and he believes the
traffic in and out of that residence is "probably two- or three -fold what my automobile agency would
be." At this point, Chairman Plew reminded Mr. Timmons that these items had no bearing on the
present application for a variance. Attorney Perfetti, in closing, reminded the Board of the County
Planning Board's recommendation that the variance be denied. Mr. Plew closed the public hearing.
,l
Chairman Plew then read the recommendation from the Cortland County Planning Board, dated May
15, 1996, wherein they recommended denial of the application for a variance. He then referred to the
report from the County Planning Department, dated May 10, 1996, which also recommended denial of
the application. Chairman Plew then made a motion to deny the variance requested, seconded by
Member O'Rourke. All Board members present voted in favor. Chairman Plew advised Mr. Timmons
that he could follow proper procedures and apply for a zoning change.
This becomes Resolution #26 of 1996.
There being no further business to come before the Board, a motion was made by Chairman Plew to
adjourn the meeting, seconded by Member John Finn, with all members present voting in favor.
The meeting was adjourned at 7:45 p.m.
Respectfully submitted,
J an E. Fitch, Secretary
Town of Cortlandville Zoning Board of Appeals
3
TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS
0` June 1996
Tuesday, 2
Board Members (*absent)
David Plew, Chairperson
John Finn
*Joann O'Rourke
Thomas Bilodeau _
Patricia Wright
Public Present
Others Present
Bruce Weber, Code Enforcement Officer
Joan E. Fitch, Board Secretary
Steve Bentrup & Marilyn Hess; Don Richards; Sue & Ken Angell; Bob Cornell of Empire Sign, Rochester,
NY; Barbara & Ronald Angell; David Briggs
The Public Hearing was called to order at 6:30 p.m. by Chairman Plew who read the Legal
Notice, published as follows:
Notice is hereby' given that a public hearing before the Zoning Board of Appeals of the Town
of Cortlandviiie will be held Tuesday, June 25, 1996, at 6:30 p.m. at the Town Hall, 3577
Terrace Road, - in the- Town of " Cotila.ndville, NY to consider the following applications
pursuant to the 1986 Zoning Law:
1., In the matter of the. application of Stephen Bentnup & Marilyn Hess for property .
located at 2975 Rt. 11, McGraw, NY, Tax Map Parcel No. 108.00-01-39.000 for a
variance in.the terms and conditions of Article III of such Zoning- Law to allow for
an antique business.
2. 'In the matter of the application of William Porter for property located at Groton
Avenue Plaza, Cortland, NY, Tax Map Parcel Nos. 86.13-01-55.220, for a
variance in ,the terms and conditions of Article XV, Section 2.2 of such Zoning
Law to allow for a sign closer to the property line than. allowed.
3.. In the matter of the application of David Briggs for property located at 4012
Kinney Gulf Road, Cortland, NY, Tax Map. Parcel No. 86.09-01-20.000, for a
variance in the terms and conditions of Article_ IV, Section 5 of such Zoning Law
to allow for afront-yard less than allowed
4. In the matter of the application of Empire Sign and Awning for property located
at Cortlandville Crossing, Cortland, NY, for a variance in the . terms and
conditions of Article XV, Table 15.3 of such Zoning Law to allow for a building -
mounted sign to be illuminated
5. In the matter of the application of Kenneth & SusaWAngell for property located
at 3348 Maple Avenue, Blodgett Mills, IVY, Tax Map No. 107.02-01-20.000 for a
variance in the terms and conditions of Article V, Section 5 of such Zoning Law to
allow for a front yard less than allowed
The above applications are open to inspection at the office of Bruce A. Weber, Code
Enforcement Officer, 3577 Terrace Road, Cortland, NY, or call 607/756-7490.. Persons
wishing to appear at such hearing may do so in `person or . by attorney or other
representative.
Communications in writing in relation thereto may be filed- with the Board or at such
hearing.
Dated: June 13, 1996 David Plew, Chairperson
Zoning Board of Appeals
(T) Cortlandville Zoning Board of Appeals 25 June 1996
Old Business
Cortland Mobile Home Park - Tompkins Street - TM #96.02-53.200
Chairman Plew .opened -the, discussion of Cortland Estates Mobile Home Parks previous request for a
variance to place a mobile home closer to the property line than allowed. The front setback
requirement is 25 feet, and the applicant has only 19 feet. The request was tabled at the May meeting
to allow Board members the opportunity to personally visit the site to observe the conditions.
After a briefdiscussion'of their findings, a motion was made by John Finn to approve the placement of
the mobile home as requested. The motion was seconded by Member Bilodeau, with all members
present -voting in favor.
This becomes Resolution #28 of 1996.
New Business
Stephan Bentrup & Marilyn Hess - 2975 US Route 11 (McGraw) - TM # 108.00-01-39.000
Chairperson Plew recognized Stephen Bentrup ' who was present to request permission to operate an
antique business on his property. He reported that -he had been engaged in the antique business and
selling out of his home since 1991, unaware that he was not in compliance with the Town's Zoning
Law. His business is primarily wholesale, but some retail, with a maximum of three customers per
week. He works mostly with antique dealers and does plan on erecting a sign to provide identification
of his location. He stated that buying/selling antiques is his only income and if the variance was
denied, he would be forced to relocate with associated expenses being incurred. Mr. Bentrup owns
approximately 40 acres with 20 acres ± being located on each side of Route 11, zoned Agriculture. With
no further questions or comments from those present, Chairman Plew closed the public hearing.
Chairman Plew stated that he had a problem with the County Planning Department's recommendation
to deny the variance, especially since the area leaves a lot to be desired. Going down Route 11 there's a
taxi place on the right which is tantamount to a junk pile, and across from there is a brick place which
is almost as bad, and there's a tractor trailer place about which he has received many complaints. And
there's nothing that can be done about these properties; conversely, the applicant wishes to erect a
new barn to use for storage to replace an unsafe one and continue operating his antique business in a
manner which is an improvement to the neighborhood. After only a brief discussion, Chairman Plew
made a motion to recommend approval of the requested variance, the motion was seconded by Tom
Bilodeau, with all members present voting in favor.
This becomes Resolution#29 of 1996.
William Porter. - Groton Avenue Plaza = TM #86.13-01-55.200
Chairman Plew stated that he had visited the site of the existing "For Sale" sign at the end of the
Groton Avenue Plaza strip mall next to the Koffee Kup Restaurant and did not see what the problem
was with the sign. CEO Weber replied that the sign did not meet the setback requirement and the sign
advertises an out parcel of approximately 6000 SF that is for sale. It needs to be .15 feet off the property
line and the sidewalk there is 3± feet wide, so it would have to go back 12 feet. With no representative
of the applicant, or the applicant, being present, Chairman Plew closed the public hearing.
Chairman Plew asked the Board if they wished to table the matter, or if they wished to take care of the
application at, this meeting. In answer to Member Finn's question, CEO Weber stated that the sign
could be placed anywhere on the property; as long as -it conforms to the setback; this could be
accomplished by moving it closer to the restaurant, or putting it in the middle of what is illegally used
as a parking lot. After a .brief discussion, Chairman Plew made a motion to deny the application; the
motion was seconded by Patricia Wright with all members present voting in favor.
This becomes Resolution #30 of 1996.
2
(T) Cortlandville Zoning Board of Appeals
25 June 1996
David Briggs- - 4012 Kinney Gulf Road - TM #86.09-01-20.000
Chairman Plew recognized Mr. Briggs wha appeared before the Board to request a variance to construct
an 8 -foot wide porch. on the front of his home and a front yard setback of 50 feet is required. His front
yard sets back only 38.5 feet .back from the road and, therefore, this setback requirement cannot be
met. The house was constructed in 1963: There being no further comments,_ Chairman Plew closed the
public hearing: ,
A motion was made, by Member Bilodeau to approve the variance as requested; the motion was
seconded by Patricia Wright with all members present voting:in favor.
This becomes Resolution ..#31 of 1996.
Empire Sign & Awning for -Frontier Cellular -- Cortlandville Crossing - TM #95.20-01-3.111
Chairman Plew recognized Bob Cornell of Empire Sign & Awning who appeared before the Board to
request a variance to erect an -illuminated, building -mounted sign on the front of the proposed Frontier
Cellular store which will be next to The Bon -Ton. The other signs in this plaza are also illuminated.
CEO Weber replied that the sign itself conforms to the size requirements and a variance is needed to
illuminate- the sign. Mr. Cornell stated that they wish to illuminate the letters only, not the entire
panel. There being no further questions or. comments, Chairman Plew closed the public hearing.
A motion was then made by Patricia Wright to approve the variance as requested; the motion was
seconded by John Finn with all members present voting in favor.
This becomes Resolution #32 of 1996.
Kenneth & Susan Angell - 3348 Maple Avenue (Blodgett AMls) - TM # 107.02-01-20.000
Chairman Plew recognized Mr. Angell who stated that he wished to construct a new 8 -foot wide porch
on the front and side of his home; they had removed the old deteriorated porch some time ago. He
presented a sketch along with his application, and stated that the new porch would not meet the
required setback of 35 feet, and there is only 35 feet from the property line to the house itself. There
being no.further questions or comments, Mr. Plew closed the public hearing.
Chairman Plew made a motion to grant the variance as requested; the motion was seconded by John
Finn with all members present voting in favor.
This becomes Resolution '#33 of 1996.
A motion was made by John Finn to approve the meeting minutes of May 28, 1996 with one correction.
Resolution #27 should be added, approving the minutes of May 14, 1996, with the motion being made
by Thomas Bilodeau, seconded by Patricia Wright, and all members present voting in favor. Mr. Finn's
motion was seconded .by Member Bilodeau with all members present voting in favor.
_ This becomes Resolution #34 of 1996.
3
(T) Cortlandville Zoning Board of Appeals .
25 June 1996
There being no further business to come before the Board, a motion was made by Chairman Plew to
adjourn the meeting, seconded by Member John Finn, with all members present voting in favor.
The meeting was adjourned at 7005 p.m.
Respectfully submitted,
Joan E. Fitch, Secretary
Town of Cortlandville Zoning Board of Appeals
4
M,
�3
CENED AUG 13 1996
TowN' OF CORTLANDVILLE ZONING BOARD OF APPEALS
Monday, 15 July 1996
Hoard Members (*absent)
David Plew, Chairperson
John Finn
Joann O'Rourke
Thomas Bilodeau
*Patricia Wright
Public Present
Others Present
Bruce Weber, Code Enforcement Officer
Joan E. Fitch, Board Secretary
James K. Williams of Kassis Superior Signs/NCR; Leolyn & Roland Oaks; Katherine & Joseph
Compagni; T. W. Darbishire; Lynn Moore
The Public Hearing was called to order at 6:30 p.m: by Chairman Plew who read the Legal
Notice, published as follows:
Notice is hereby given that a public hearing before the Zoning Board of Appeals of the Town
of Cortlandville will be held at the Town Hall, 3577 Terrace Road on Monday, July I5,
1996, at 6:30 p.m., in the Town of Cortlandville, NY to consider the following applications
pursuant to the 1986 Zoning Law:
1. In the matter of the application of T. W. Darbishire for property located at 1805
Lighthouse Hill Road, Homer, NY, Tax Map Parcel No. 77.00-10-02.000 for a
variance in the terms and conditions of Article XVI, Section 8 of such Zoning Law
to allow for an extension of one year for a temporary mobile home.
2. In the matter.of the application of Lynn Moore for property located at 3239 South _
Cortland -Virgil Road, Cortland, NY, Tax Map Parcel No. 105.08-01-06.000, for a
variance in the terms and conditions of Article III, Section 6 of such Zoning Law
to allow for a sign closer to the property line than allowed
3. In the matter of the application of NCR for property located at 842 Bennie Road,
Cortland, NY, Tax Map No. 105.00-01-22.100 for a variance in the terns and
conditions of Article XV, Table 15.3 of such Zoning Law to allow for a building -
mounted sign to be illuminated.
The above applications are open to inspection at the office of Bruce A. Weber, . Code
Enforcement Offtcer, 3577 Terrace Road, Cortland, NY, or call 607/756-7490. Persons
wishing to appear at such hearing may do so in person or by attorney or other
representative.
Communications in writing in relation thereto may be filed with the Board or at such
hearing.
Dated: July 5, 1996
David Plew, Chairperson
Zoning Board of Appeals
T. W. Darbishire - 1805 Lighthouse Hill Road -. TM # 77.00-10-02.000
Chairperson Plew recognized T. W. Darbishire who was present to request a one-year extension of his
permit for a temporary mobile home. Mr. Darbishire told the Board that he hoped to have his house
constructed by the fall. He was requesting a year because although he plans to have the house
completed before winter, there might be a problem in removing the temporary mobile home due to the
lateness/weather of the season. Chairman Plew stated that Mr. Darbishire had received permission for
a temporary mobile home approximately one year ago, and when he visited the site this date he
observed the amount of construction that had occurred and felt it could have been accomplished in
Ry
(T) Cortlandville Zoning Board of Appeals RECENME AUR 13 1996 15 July 1996
two weeks. Mr. Darbishire replied that clearing and filling of the site took a lot longer than he
originally anticipated, as did the blockwork, but the actual building of the house would not take as
long. Chairman Plew reported that the Board had received a letter from Katherine Compagni of 1658
Lighthouse Hill Road, dated July 15, 1996, regarding Mr. Darbishire's application. This letter has been
placed on file with the Code Enforcement Office. Mrs. Compagni had quite a few concerns, among
which is vehicles parking in the roadway in the winter. Although the ZBA has no jurisdiction in this
matter, it was recommended that he alleviate this problem in the future and, if he did not, the residents
should call the police and make their complaint. Chairman Plew, in response to -member O'Rourke's
question about the site and present stage of construction, replied that the area is a very nice
neighborhood and the building site is difficult with a steep slope, and that only the foundation and
some blockwork are complete. Member O'Rourke asked the applicant about the proposed house, and
he replied it would be a "stick house." He also stated that he would have help to complete the house
so it should proceed much faster as "we want to be in this winter." With no further questions or
comments from those present, Chairman Plew closed the public hearing.
Chairman Plew stated that he had a problem with the one-year extension. He recommended three
months maximum. At that time, he felt the house should be completed and the mobile home removed.
After only a brief discussion, the Board decided to set the time for completion as November 1, 1996.
Chairman Plew then made a motion to approve an extension for the temporary mobile home until
November 1, 1996, by which time the permanent residence should be habitable and the mobile home is
to be removed from the site; the motion was seconded by John Finn, with all members present voting in
favor.
This becomes Resolution #35 of 1996.
Lynn H. Moore - 3239 South Cortland -Virgil Road - TM #105.08-01-16.000
Chairman Plew opened the public hearing regarding Lynn Moore who was requesting a variance to
install an in -ground swimming pool closer to the property line than allowed. Mr. Moore's neighbor,
Roland Oaks, attended the public hearing to ascertain the details of the requested variance. CEO
Weber showed him the property sketch and the proposed location of the pool in relation to the rear
property line. He explained that the rear yard setback should be 40 feet, and that the applicant had 27
feet. Mr. Oaks had no problem with the variance request. Chairman Plew asked if there were any
further questions or comments. There being none, he closed the public hearing.
With no further discussion, a motion was made by Joann O'Rourke to approve the variance as
requested; the motion was seconded by Thomas Bilodeau with all members present voting in favor.
This becomes Resolution #36 of 1996.
NCR/Andy Middleton, Property Owner - 842 Bennie Road - TM #105.00-01-22.100
Chairman Plew recognized James Williams of Kassis Superior Signs, Inc., who appeared before the
Board to request a variance to place an illuminated, building mounted sign on the front (north
elevation) of the NCR building on this site. Lynn Moore, who lives on the South Cortland -Virgil Road
to the rear of the facility expressed his concern that the illuminated sign may shine into his bedroom
window at night. Mr. Williams explained that the sign would be placed on the north side, toward the
ballfields. Mr. Moore stated that he had no problem with the proposed location of this sign as
explained by Mr. Williams. CEO Weber replied that the sign itself conforms to the size requirements
and a variance is needed to illuminate the sign. There being no further questions or continents,
Chairman Plew closed the public hearing.
A motion was then made by David Plew to approve the variance as requested; the motion was seconded
by Joann O'Rourke with all members present voting in favor.
This becomes Resolution #37 of 1996.
2
(T) Cortlandville Zoning Board of Appeals
Cfii I I i 3 1996
�
�
15 July 1996
There being no further business to come before the Board, a motion was made by Thomas Bilodeau to
adjourn the meeting, seconded by John Finn, with all members present voting in favor.
"`� • The meeting was adjourned at 7:15 p.m.
Respectfully submitted,
Joan E. Fitch, Secretary
Town of Cortlandville Zoning Board of.Appeals
3
�V
TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS
Wednesday, 14 August 1996
Board Members (*absent)
David Plew, Chairperson
John Finn
Joann O'Rourke
*Thomas Bilodeau
Patricia Wright
Public Present
Dorothy & Mike Palladino and their neighbor, Paul Miller
Others Present
Bruce Weber, Code Enforcement Officer
Joan E. Fitch, Board Secretary
The Public Hearing was called to order at 6:30 p.m. by Chairman Plew who read the Legal
Notice, published as follows:
Notice is hereby given that a public hearing before the Zoning Board of Appeals of the Town
of Cortlandville will be held Wednesday, August 14, 1996, at 6:30 p.m. at the Town Hall,
3577 Terrace Road in the Town of Cortlandville, NY to consider the following applications
pursuant to the 1986 Zoning Law:
1. In the matter of the application of Michael and Dorothy Palladino for properly
located at One Pleasantview Drive, Cortland, NY, Tax Map Parcel No. 96.09-02-
24.000 for a variance in the terms and conditions of Article V, Section 5 of such
Zoning Law to allow for a front yard less than allowed.
2. In the matter of the application of Newcomb Ford for property located at 3870
West Road, Cortland, NY, Tax Map No. 86.17-01-11.000 for a variance in the
terms and conditions of Article XV, Table 15.3 of such Zoning Law to allow for a
building -mounted sign to be illuminated.
The above applications are open to inspection at the o five of Bruce A. Weber, Code
Enforcement Officer, 3577 Terrace Road, Cortland, NY, or call 607/756-7490. Persons
wishing to appear at such hearing may do so in person or by attorney or other
representative.
Communications in writing in relation thereto may be filed with the Board or at such
hearing.
Dated: August 1, 1996
David Plew, Chairperson
Zoning Board of Appeals
Michael & Dorothy Palladino - 1 Pleasant View Drive - TM #96.09-02-24.000
Chairperson Plew recognized the Palladinos who were present to request a variance to allow for a
porch to be constructed on their home. According to CEO Weber, a front yard setback of 35 feet is
required, and the applicants have 20 feet. The Board reviewed the sketch submitted. Chairman Plew
asked if there were any further questions or comments. There being none, he closed the public hearing.
After a brief discussion, Chairman Plew made a motion to approve the variance as requested; the
motion was seconded by John Finn, with all members present voting in favor.
This becomes Resolution #38 of 1996. -
1
(T) Cortlandville Zoning. Board of Appeals.'�14 August 1996
Reco
Newcomb Motors-- 3780 NYS Route.281 (West Road) -.'TM #86.17-01-11.000
Chairman Plew opened the public hearing regarding Newcomb Motors who was requesting a variance to
allow for a building -mounted sign to be 'illuminated. There was no one present to represent the
applicant, and the members voiced their displeasure at being unable. to discuss the application for the.
variance with the applicant or his/her representative. Chairman Plew stated that the Board could do
one of two things: (1) have the .applicant reapply or (2) consider the request.without.a representative
being present. Apparently, a Newcomb representative contacted Chairman Plew and stated that he had
talked with CEO Weber who. instructed him to contact Mr. Plew who would, in turn, contact all the
Board members and take care of the matter ,in .this way. However, upon contacting Mr. Weber, it was
revealed to Mr. Plew that the applicant had never been instructed to contact him and, further, that this
was not the proper way to resolve the matter. The Board agreed. Chairman Plew explained that the
"sign' is large letters -across the front of the building which have .been installed but are not yet
illuminated. After some further discussion, Chairman Plew asked if there were any further questions or
comments. There being none,, he closed the public hearing.
With no =further discussion, a motion was made. by Joann O'Rourke to approve the variance as
requested, even though the Board was displeased with the applicant's failure to appear; the motion
was seconded by Patricia Wright with' all members present voting in favor.
This becomes Resolution #39 of 1996.
Approval of.Minutes for June 25 & July 151 1996
The minutes of the Zoning Board- of -Appeals meetings of June 25. and July 15, 1996 .were approved as
submitted on a motion made by John. Finn, seconded by Joann O'Rourke, with all members present
voting in favor. .
This becomes Resolution #40 of 1996.
The meeting was adjourned at;6:40 p.m. on a motion made by John Finn, seconded by
Joann O'Rourke, with all members present .voting in favor..
Respectfully submitted,
Joan E. Fitch, Secretary
Town of Cortlandville Zoning Board of Appeals
KI
RECO -H) SEP 18 1995
TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS
Wednesday, 11 September 1996
Hoard Members (*absent)
David Plew, Chairperson
John Finn
Joann O'Rourke
Thomas Bilodeau
Patricia Wright
Public Present
Others Present
Bruce Weber, Code Enforcement Officer
Joan E. Fitch, Board Secretary
Justine & David Butler; Glenn Ripley; Scott Powers; David & Robin Quail; Jonathan & Mary
Kirkwyland; Brian Eastman
The Public Hearing was called to order at 6:30 p.m. by Chairman Plew who read the Legal
Notice, published as follows:
Notice is hereby given that a public hearing before the Zoning Board of Appeals of the Town
of Cortlandville will be held Wednesday, September 11, 1996, at 6:30 p.m. at the Town
Hall, 3577 Terrace Road in the Town of Cortlandville, NY to consider the following
applications pursuant to the 1986 Zoning Law:
1. In the matter of the application of Scott Powers for property located at 3543
Kellogg Road, Cortland, NY, Tax Map Parcel No. 97.04-01-08.000 for a variance
in the terms and conditions of Article V of such Zoning Law to allow for business
use in an R-2 District.
2. In the matter of the application of Glenn Ripley for property located at 4516 West
Road, Cortland, NY, Tax Map No. 76.00-01-29.000 for a variance in the terms
and conditions of Article IV, Section 5 of such Zoning Law to allow for a rear
yard less than allowed
3. In the matter of the application of Justine Butler for property located at 3626
Worthington Place, Cortland, NY, Tax Map No. 95.11-02-26.000 for a variance in
the terms and conditions of Article V, Section 5 of such Zoning Law to allow for a
rear yard less than allowed.
4. In the matter of the application of David and. Robin Quail for property located at
2273 Main Street, Blodgett Mills, NY, Tax Map No. 97.04-02-29.000 for a
variance in the terns and conditions of Article V, Section 5 of such Zoning Law to
allow for a front yard less than allowed
5. In the matter of the application of Robert Jones for property located at 4401
NicholsRoad, McGraw, NY, Tax Map No. 78.00-01-31.000 for a variance in the
terms and conditions of Article III, Section 6 of such Zoning Law to allow for a
front yard less than allowed
6. In the matter of the application of Jonathan and Mary Kirkwyland for property
located at 4429 McCloy Road, Cortland, NY, Tax Map No. 74.00-03-06.000 for a
variance in the terms and conditions of Article III, Section 6 of such Zoning Law
to allow for a side yard less than allowed
The above applications are open to inspection at the office of Bruce A. Weber, Code
Enforcement Officer, 3577 Terrace Road, Cortland, NY, or call 607/756-7490. Persons
wishing to appear at such hearing may do so in person or by attorney or other
representative.
M
(T) Cortlandville Zoning Board of Appeals 11 September 1996
Communications in writing in relation thereto may be filed with the Board or at such
hearing.
Dated: August 29, 1996
David Plew, Chairperson
Zoning Board of Appeals
Scott Powers - 3543 Kellogg Road - TM #97.04-01-08.000
Chairperson Plew recognized Mr. Powers who was requesting a variance to allow a prospective buyer of
his property to continue operating a body shop on the premises. Mr. Powers presently _ operates such a
business and is looking to sell his property to Mr. Brian Eastman; -however, the sale -is contingent upon
Mr. Eastman being able to operate the same body shop. Chairman Plew asked if there were any
questions or comments. Chairman Plew ask CEO Weber -if he had received any complaints about the
business since Mr. Powers was given a variance to operate it on this property. CEO Weber replied that
he had received no complaints over the six years that it's .been in operation. Member Finn cautioned
the prospective buyer that if the requested variance was granted, and he ended up buying the property,
it did not mean that he, in turn, could sell the property as a body repair shop; the shop was operating
through a variance granted each owner. Chairman Plew then asked Mr. Powers if there were special
conditions on his existing permit -- number of cars, etc. Mr. Powers replied there was no number
specified, but there was to be no junk vehicles and the vehicles were to be kept in an orderly fashion
and the property kept cleaned up. There being 'no further questions or comments, Chairman Plew
closed the public hearing.
Chairman Plew made a motion to approve the variance as requested, with the following conditions: (1)
that the variance apply to a body shop owned and operated by Brian Eastman only (as the prospective
buyer), (2) that the same conditions apply to the new variance, and (3) that the Code Enforcement
Officer inform the Zoning Board of Appeals if any. problems arise. The motion was seconded by John
Finn, with all members present voting in favor.
This becomes Resolution #41 of 1996.
Glenn Ripley - 4516 West Road - TM #76.00-01-29.000
Chairman Plew opened the public hearing regarding Mr. Ripley's request for a variance to construct a
deck on his residence which would set back from -his rear property line a distance of 366" on one
corner, whereas 40 feet is required. Chairman Plew asked if . there were any further questions or
I
omments. There being none, he closed the public hearing.
With no further discussion, a motion was made by Joann . O'Rourke to approve the variance as
requested; the motion was seconded by Patricia Wright with all members present voting in favor.
This becomes Resolution #42 of 1996.
Justine Butler - 3626' Worthington Place - TM #95.11-02-26.000
Chairman Plew opened the public hearing regarding Mrs. Butler's, request for a variance to construct a
swimming pool which would set back from the rear property line a distance of approximately 3 feet on
one corner. Mr. Butler, when asked what was the use of the'property to the rear of his lot, replied that
the parcel was used as a drainage area/retention pond owned by the Town of Cortlandville so there
would not be any residence built on it. He also stated that the pool would be completely fenced in.as
required. Chairman Plew asked if there were any further questions or comments. There being none,- he
closed the public hearing.
With no further discussion, a motion was made -by Thomas, Bilodeau to approve the variance as
requested; the motion was seconded by Joann O'Rourke with all members .present voting in favor.
This becomes Resolution #43 of 1996.
2
(T) Cortlandville Zoning Board of Appeals
11 September 1996
David & Robin Quail - 2273 Main Street - Blodgett Mills - TM #97.04-02-29.000
Chairman Plew opened the public hearing regarding the Quail's request for a variance to construct a
new front porch on their residence which would set back from their front property line less than the
distance allowed. Chairman Plew asked if there were any questions or comments. There being none,
he closed the public hearing.
With no further discussion, a motion was made by David Plew to approve the variance as requested;
the motion was seconded by John Finn with all members present voting in favor.
This becomes Resolution #44 of 1996.
Jonathan & Mary Kirkwyland - 4429 McCloy Road - TM #74.00-03-06.000
Chairman Plew opened the public hearing regarding the Kirkwyland's request for a variance to
construct a greenhouse on their property which would set back from their side property line a
minimum distance of 88.1' with a setback distance of 100 feet being required. Member Bilodeau asked
if the proposed greenhouse would be considered a temporary structure, and CEO Weber replied no, that
it was an agricultural use and that's why it needed to be 100 feet from the side property line. Mr.
Kirkwyland said the structure could be moved, hence his wording on the application. Chairman Plew
asked if there were any further questions or comments. There being none, he closed the public hearing.
With no further discussion, a motion was made by Joann O'Rourke to approve the variance as
requested; the motion was seconded by Thomas Bilodeau with all members present voting in favor.
This becomes Resolution #45 of 1996.
Robert Jones - 4401 Nichols Road - McGraw - TM #78.00-01-31.000
Chairman Plew opened the public hearing regarding Mr. Jones' request for a variance to construct a
deck on his residence which would set back from his front property line a distance of 60 feet from the
road right-of-way line, whereas 100 feet is required. Member O'Rourke, who lives in the vicinity,
reported that Mr. Jones has improved the property considerably since he purchased it, and really has
no closeby neighbors. Chairman Plew asked if there were any other questions or comments. There
being none, he closed the public hearing.
With no further discussion, a motion was made by John Finn to approve the variance as requested;
the motion was seconded by Thomas Bilodeau with all members present voting in favor.
This becomes Resolution #46 of 1996.
Approval of Minutes for August 14, 1996
The minutes of the Zoning Board of Appeals meeting of August 14, 1996 were approved as submitted on
a motion made by Member Bilodeau, seconded by Member Wright, with all members present voting in
favor.
This becomes Resolution #47 of 1996.
The meeting was adjourned at 6:53 p.m. on a motion made by John Finn, seconded by Joann
O'Rourke, with all members present voting in favor.
Respectfully submitted,
oan E. Fitch, 4Seecretary
Town of Cortlandville Zoning Board of Appeals
3
Rr:CtV3 -z ® 7 1996
TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS
Tuesday, 24 September 1996
Board Members (*absent)
David Plew, Chairperson
John Finn
*Joann O'Rourke
Thomas Bilodeau
Patricia Wright
Others Present
Bruce Weber, Code Enforcement Officer
Joan E. Fitch, Board Secretary
Sandra S. Johnson, Applicant
3[
The Public Hearing was called to order at -7:00 p.m. by Chairman. Plew .who read the Legal
Notice, published 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, September 24, 1996, at 7.00p.m. at the Town Hall,
3577 Terrace Road, to consider.the following application pursuant to the 1986 Zoning Law:
1. In the matter of the application of Sandra S. Johnsonfor property located at 3674
Route 215, Tax Map Parcel No. 96.11-01-02.120 for a variance in the terms and
conditions of Article 5 of such Zoning Law to allow for a business use in an R-2
District.
The above application is open to inspection at the office of Bruce A. Weber, Code Enforcement
Officer; 3577 Terrace Road, Cortland,NY, or call 6071756-7490. Persons wishing to appear
at such hearing may do so in person or by attorney or other representative.
Communications. in writing in relation thereto may be filed with .the Board or at such
hearing.
Dated: September 16, 1996
Sandra S. Johnson - 3674 NYS Route 215 - TM #96.11-01-02.120
David Plew, Chairperson
Zoning Board of Appeals
Chairperson Plew recognized Miss Johnson who.was appearing before the Board to -request a variance
to allow her to open a small shop in one room of her house to sell antiques,"hand-crafted furnishings,
and accessories. The property lies in Zoning District R-2 where this use is not allowed. The property is
approximately 50 feet from the south property line, and 124 feet from the property to the north. CEO
Weber reported that all of the neighbors had been notified of the public hearing and none were present.
However, he had received one phone call from a person just asking a few questions, and he had
answered them. Miss Johnson stated she had also received one call from a woman who asked what
she wanted to do; she explained her intent, and the woman replied, 'Oh, that -sounds nice." In
response to the Board's questions, Miss Johnson stated that if the business grew,'she would then look
to' relocate it somewhere else or, with appropriate ' approvals, move the business to a barn on her
property. Chairman Plew asked the applicant if there would be any hardship if the Board denied her
request for a variance. Miss Johnson stated that if the Board denied her request, it would be very
difficult to generate an income as she can't afford "to rent a spot elsewhere. She also stated that the
shop would be open perhaps Thursday thtu Sunday or Friday thru Sunday, 10 a.m. to 5 p.m., and that
she is not employed outside the home. Member Finn .advised the applicant that if the Board granted her
request and later there was any change in the business operation, she would have to come back before
the Board. There being no further questions or comments, Chairman Plew closed the public hearing.
The Board then discussed the traffic that might be generated, and they felt it would not be- significant.
It was also the consensus of the Board that they were not setting a precedent for others, as each
application would, be handled on a case-by-case, basis, witheveryone's parameters being different.
Member Finn then made a motion to approve the variance, as -r'everyone's
with the understanding that
any change would have to come. back before the Zoning Board of Appeals. The motion was seconded by
Patricia Wright, with all members present voting in favor.
This becomes Resolution #48 of 1996. .
i
(T) Cortlandville Zoning Board of App eals0Q 1
eptember 1996
Approval of Minutes for-September 11, 1996--
The
996-.The minutes of the Zoning Board of Appeals meeting of September. 11, 1996 were approved as submitted
on a motion made by Member Finn, seconded by Member Bilodeau, : with all members. present voting in
favor.
This becomes Resolution #49 of 1996.
The meeting was adjourned at 7:15 p.m. on a motion made by John Finn, seconded by Patricia Wright,
with all members present voting in favor.
Respectfully submitted,
2oan E. Fitch, Secretary, -
Town of Cortlandville Zoning Board of Appeals
2
RSCF
5�.. NOV 12 1996
TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS
Tuesday, 29;October 1996
Board Members (*absent) Others Present
David Plew, Chairperson- Bruce Weber, Code Enforcement Officer
John Finn Joan E. Fitch, Board Secretary
Joann O'Rourke Deborah Loszynski, Applicant
*Thomas Bilodeau William Luke, Applicant _
Patricia Wright Timothy Hallock,-Applicant
Earl Silvernail, Applicant
Public Present
Victor Marchette, prospective buyer of Stevens' lot; James & Barbara Nichols; Beverly Jones, Kathy &
Gary Fox, Karen & Nick Pace, all Ridgeview Ave. 'residents; Bill . & Liz Stark; Tony & Maureen Dovi;
Patrick Doyle of Rapp Signs; Patrick Shaw, for Gary Miller
The Public Hearing was opened at 6:30 p.m. by Chairman Plew who . read the Legal Notice,
published as follows:
Notice is hereby given that a public hearing before the Zoning Board of Appeals of the Town
of Cortlandville will, beheld Tuesday, October 94, 1996, at 6:30 p.m. at the Town Hall, 3577
Terrace Road, to consider the following application pursuant to the 1986 Zoning Law:
1. In the matter of the application of Deborah Loszynski for property located at
Ridgeview Ave., Cortland, NY, Tax, Map Parcel No. 86.00-02-11.000 for a
variance in the terms and conditions of Article III, Section 6 of such Zoning Law
to allow for a lot smaller than allowed and front yard setback less than. allowed.
2. In the matter of the application of William Luke for property -
located at 3878
Route 281, Cortland, NY, Tax Map Parcel No. 86.17-01-08.210, for a variance in
the terms and conditions of Article XV Table 15.4 of such Zoning Law to allow
for a sign with greater area and height than allowed
3. In the matter of the application'of Timothy Hallock for property located at Blue
Creek Road, Tax Map Parcel No. 76.00-0408.000, for a variance in the terms
and conditions of Article III of such Zoning Law to allow for a garage on
'agricultural property.
4.. In the matter of the application of Earl Silvernail for property located at 700 Route
13, Cortland, NY, Tax Map Parcel No. 105.00-01-47.000, for a variance in . the
terms and conditions of Article III, Section 6 ofsuch Zoning Law to allow for a
storage building closer to property- line than allowed
5. In the matter of the application of Gary Miller for property located at 3736
Lyncort Dr., Tax Map Parcel No. 95.06-0.1-08.000, for a variance in the terms
and conditions of Article IV, Section 5 of such Zoning Law to allow for a front
yard setback less than. allowed
The above applications are open to inspection at the office of Bruce A. Weber, Code
Enforcement Officer, 3577 Terrace Road; Cortland, NY, or call 607/756-7490. Persons
wishing to appear at such hearingmay do so in person or by attorney or other
representative.
Communications in writing in relation thereto may be filed with the Board or at such
hearing.
Dated: October -l7, 1996. David Plew, Chairperson
Zoning Board of Appeals
1
(T) Cortlandville Zoning Board of Appeals
34
29 October 1996
Deborah Loszynski for James Stevens, RO - Ridgeview Ave. - TM #86.00-02-11.000
Chairperson Plew recognized Deborah Loszynski, a real estate agent who was present representing the
owner, James Stevens, who was requesting a variance to allow for a smaller lot (0.53 A. requested, 1 A.
required) than allowed, and for a front yard setback (42' requested, 60' required) less than allowed. She
stated that public water and sewer are available, and that Mr. Stevens will be responsible for providing
those services to the lot. Mr. Plew read the recommendation received from the County Planning Board
regarding this matter. It was the County's recommendation that the application for subdivision be
denied because the lot is too small and they felt that land was available to expand the parcel to one
acre, thus conforming to the Zoning Law's requirements. Ms. Loszynski replied that none of the other
lots in the immediate neighborhood are an acre and she felt the variance request was consistent with
that. She also stated that if the property line was extended, it would go into a field which was
presently under cultivation by a farmer who has used the land for many years in an agreement with Mr.
Stevens. Member Finn stated than when the other lots were created, there was no additional land
available as there is in this instance, and the County's recommendation for denial was based on the
fact that there is additional land available which would allow the lot to be conforming. Ms. Loszynski
disputed this by saying there actually was land available then. CEO Weber asked what was happening
with the other property to the east, and she replied there was nothing happening, and that parcel was
not really a lot, but consisted of fill and steep topography. Member Plew asked CEO Weber if the house
design was changed to eliminate the non -conforming setback, would this be okay. The prospective
owner, Victor Marchette, asked Mr. Weber if having public utilities brought in would make a difference,
and Mr. Weber replied there was no provision in the Zoning Ordinance for this. The Board then asked
if there were any questions or comments from the group of neighbors that were present. Jim Nichols
replied that they were present to ascertain what was being planned in their neighborhood as a result of
the notice received in the mail. He stated that the neighbors all felt that public water and sewer to this
proposed lot should be maintained, the same as the others. He also stated that they wished to
maintain the character of the neighborhood and the quality of the homes constructed there. They also
were concerned with the property to the east which is mostly fill, and was it going to be considered for
development in the future. Ms. Loszynski replied that she did not know what was planned for the
parcel, and she did not consider it a lot because of the fill and its steep topography. CEO Weber stated
that if Mr. Marchette buys the lot in question, that would, in turn, by default, create another lot
because Mr. Stevens would no longer own any adjacent property. Tony Dovi, a lot owner on Ridgeview,
asked about the procedure to allow the lot in question to be approved, and CEO Weber provided him
with the proper order of requests/ approvals. Mr. Weber stated that if a variance was granted at this
meeting, the request for subdivision approval would then be taken up by the Planning Board at this
evening's meeting. Ms. Loszynski stated that the lot had not received approval at its inception because
the road had not, at that time, been dedicated; this was not accomplished until approximately two
years ago. Member O'Rourke asked why the lot could not be added to, thus making it conforming. The
reply was that the land was being used by a farmer. Kathy Fox stated that she was concerned about
the lot next to Ms. Loszynski and she would not like to see a house constructed there. CEO Weber
then reiterated that if the Board approved this variance application, they would be, in effect, granting a
variance for the size of the other lot that would then be created. - Member Finn then asked CEO Weber
how this differed from Bowling Green, and he replied that, in that instance, the owner owned adjacent
property, unlike this situation where Mr. Stevens would own no adjoining property. Mr. Finn then
suggested that perhaps more property could be acquired to the east, at the end of Ridgeview Avenue,
i.e., straighten the proposed lot's eastern property line to align with the western property line. He
thought that the acquisition of some of the eastern property would be less costly than acquisition of
some of that to the west. CEO Weber then advised the Board that they could act on the variance
request at this meeting, contingent upon inclusion of additional property to the east. The
agent/prospective owner could then negotiate with the owner for the additional property; if this is not
possible, they can then return to the Board with a different proposal. At this time, the Chairman
stated that the Board had two options: (1) table the request, or (2) approve with the contingency. The
applicant then requested that the matter be tabled until such time as a decision can be made regarding
the options available. A motion was made by Member Finn to table the action until such time as the
applicant was ready to return before the Board. The motion was seconded by Member O'Rourke, with
all members present voting in favor.
This becomes Resolution #50 of 1996.
2
(T) Cortlandville Zoning Board of Appeals
36
29 October 1996
William Luke d/b/a Cortland Chrysler - 3878 NYS Route 281 - TM #86.17-01-08.210.
Chairman Plew recognized Patrick Doyle of Rapp Signs who was present to request a variance for a new
sign proposed at the Cortland Chrysler Dealership. The proposed sign, measuring 15' by 10' by 35' in
height, would replace the existing sign which measures 12' by 10' by 30' in height. Mr. Doyle replied
that they have already reduced the existing signage on the front of the building and, if allowed to put
up the new free-standing sign, the actual square footage of signage would be less than the existing. He
also stated that the existing sign was a standard ID sign put out by Chrysler in the 1960s and the
requested sign is now the current standard size. He reported that since there would be a Jeep/Eagle
franchise at this site also, new signage was needed. The Board was concerned over the proliferation of
signs in the area, signs that seem to become larger and larger, higher and higher. Member Finn stated
that having a larger sign was in no way going to draw additional customers and that everyone knew
where the dealership was. Mr. Doyle reported that the signage needed to be changed and the existing
size was no longer manufactured. If the existing sign size was all that was allowed, it would be very
cost prohibitive, requiring new molds, etc. to be designed. Chairman Plew asked if there would be a
problem having the requested sign size, but limiting the height to 30 feet. Mr. Doyle replied that the
pole could be cut down to accommodate that. He also stated that there were at least two other signs
in the neighborhood that were at least 137 square feet, and what he was proposing measured 150
square feet; there were also other signs that were at least 36 feet in height. The Board agreed that they
should be allowed to advertise the Jeep/Eagle franchise, and should not incur major expense to create
a non-standard, custom-designed sign. The public hearing was then closed.
After a brief discussion, Member O'Rourke made a motion to grant the variance for a 15' by 10' sign, but
only at a height of 30 feet. The motion was seconded by John Finn, with all members present voting in
favor.
This becomes Resolution #51 of 1996.
Timothv Hallock - Blue Creek Road - TM #76.00-04-08.000
Chairman Plew recognized Timothy Hallock who was appearing before the Board to request a variance
to build a garage on a vacant parcel of land he owns in an Agriculture District. He plans to build a
house there in the future, and was requesting permission to build the garage first to allow for storage of
his tools, etc. while the home was under construction. CEO Weber stated that there was no problem
with the size of the lot, it was in putting the garage there before there's a house. With no further
comments or questions being offered, Chairman Plew closed the public hearing.
A motion was made by Member John Finn to approve the variance requested, seconded by Joann
O'Rourke, with all members present voting in favor.
This becomes Resolution #52 of 1996.
Earl Silvernail - 700 NYS Route 13 - TM # 105.00-01-47.000
Chairman Plew recognized Mr. Silvernail who was present to request a variance to allow for
construction of a storage building closer to the property line that permitted. Mr. Silvemail reported
that he had taken down an old building in the same location and wished to replace it with a 20' x 26'
building. With no further questions or comments from anyone present, Chairman Plew closed the
public hearing.
A motion was made by Member Patricia Wright to approve the variance requested, seconded by Joann
O'Rourke, with all members present voting in favor.
This becomes Resolution #53 of 1996.
'4l
(T) Cortlandville Zoning Board of Appeals 29 October 1996
Gary Miller - 3736 Lyncort Drive - TM #96.06-01-08.000
Chairman Plew recognized Patrick Shaw who was appearing as Mr. Miller's representative to request a
variance to allow for a front yard setback of less than the 50 feet required. He reported that the
residence itself has only a 45 -foot setback and the owner wishes to construct another bay to the
garage. This 13' by 32' addition would be in line with the existing attached garage. CEO Weber
reported that all neighbors had been notified of the variance request, but none appeared nor had made
any comment. Chairman Plew then closed the public hearing.
Member Finn made a motion to approve the variance as requested; Joann O'Rourke seconded the
motion, with all those members present voting in favor.
This becomes Resolution #54 of 1996.
Approval of Minutes for September 24, 1996
The minutes of the Zoning Board of Appeals meeting of September 24, 1996 were approved as submitted
on a motion made by Member Wright, seconded by Member Finn, with all members present voting in
favor.
This becomes Resolution #55 of 1996.
The meeting was adjourned at 7:17 p.m, on a motion made by Chairman Plew, seconded by Member
John Finn, with all members present voting in favor.
Respectfully submitted,
J an E. Fitch, Secretary
Town of Cortlandville Zoning Board of Appeals
0
4
3(p
31
RECEIVE® DEC 2 6 199
TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS
Tuesday, 26 November 1996
Board Members (*absent)
David Plew, Chairperson
John Finn
*Joann O'Rourke
Thomas Bilodeau
*Patricia Wright
Public Present
None
Others Present
Bruce Weber, Code Enforcement Officer
Joan E. Fitch, Board Secretary
Timothy Riehlman, Applicant's Attorney
Robert Rowe, Applicant
The Public Hearing was opened at 7:00 p.m. by Chairman Plew who read the Legal Notice, published as
follows:
Notice is hereby given that a public hearing before the Zoning Board of Appeals of the
Town of Cortlandville will be held 7liesday, November 26, 1996, at 7:00 p.m. at the
Town Hall, 3577 Terrace Road, to consider the following application pursuant to the
1986 Zoning Law:
1. In the matter of the application of Marshall Bros., Inc. and Rowe Restaurant,
for property located at Route 11S, Tax Map Parcel No. 97.02-01-24.000, for a
variance in the terms and conditions of Table 15.3 of such Zoning Law to
allow for more signs than allowed and building -mounted sign to be
illuminated.
The above applications are open to inspection at the office of Bruce A. Weber, Code
Enforcement Officer, 3577 Terrace Road, Cortland, NY, or call 607/756-7490. Persons
wishing to appear at such hearing may do so in person or by attorney or other
representative.
Communications in writing in relation thereto may be filed with the Board or at such
hearing.
Dated: November 19, 1996
David Plew, Chairperson
Zoning Board of Appeals
Marshall Bros.. Inc. & Rowe Restaurant - US Route 1 IS (Polkville) - TM #97.02-01-24.000
Chairman Plew recognized Timothy G. Riehlman, Attorney, who was present to represent the
applicants. Mr. Riehlman presented the Board with sketches of the proposed new signage to be placed
on the existing Pit Stop building, and also on the existing free-standing sign. The free-standing sign
presently is occupied by a Burger King sign and a Citgo sign. The applicants wish to add six signs, each
measuring 6' x 6' in two rows of three directly under the existing signage, primarily to attract business
from the northbound lane of I-81 at Exit 10. The new double -sided signs will be for various other
businesses operating out of the same location. In addition, they are asking for signage on the face of
the north side of the building, consisting of six 5'x 5' signs in addition to a Burger King sign, as shown
on the sketch, to identify the businesses at that location for those exiting the southbound lane of I-81
(Exit 10). It was the applicants' feeling that all of these signs were needed to bring in additional
customers from Interstate 81. They also asked that the building -mounted signs be illuminated.
They reported that the business was not doing well because potential customers from I-81 do not
realize the types of businesses that are housed in the Pit Stop building. The applicants feel that by
having these signs it would benefit the economy of the Town. Mr. Riehlman stated that they calculated
the allowable signage on the building and it appears the signs do not exceed what is shown in the
Ordinance. He continued by comparing Exit 10 signage with Exit 11 signage.
(T) Cortlandville Zoning Board of Appeals
I
26 November 1996
Chairman Plew recognized Mr. Rowe, the manager of the Burger King at this site. He reviewed some of
the studies that were conducted, in particular a comparison between the Burger King in Tully and the
subject Burger King. He stated that the Polkville BK is not the typical BK — it's not in the shape of a
typical Burger King, so is not easily recognizable. Chairman Plew stated that it was his opinion that
they were in error in comparing Tully with Polkville. The public, he felt, when traveling I-81 south
has more than likely eaten by the time they reach Polkville. Member Finn also felt that what makes
stopping in Polkville unattractive from the northbound perspective is the actual exit which requires
crossing 1-81 in one way or another. He stated that he felt most people will exit to a facility that's on
the same side of the highway as the exit itself. Member Finn then stated that he felt the problem is the
difficulty in exiting the northbound lane at Exit 10, going to the Pit Stop, and then re-entering 1-8 I's
northbound lane. The Board stated their opinion that perhaps the best publicity for the applicants
was to utilize the State notification signs for food, lodging, gasoline, etc. Mr. Rowe stated that they
have these signs in place on the highway, but they were not the only solution to their problem. And, if
they were, there would be no billboards, etc. Mr. Finn said he felt there was a problem with signage in
the Town of Cortlandville and the Board is trying to control it.
Mr. Rowe continued by saying that'Burger King had just issued a checklist of "critical success factors,"
and one of the items was a "highly visible, separate, and distinctive image." Member Finn countered
that this couldn't be followed for the subject site as the Burger King is in a building with other stores.
Mr. Rowe stated that they did not, from inception, believe that the site would justify a "full-blown,
free-standing Burger King." Chairman Plew and Member Bilodeau agreed that the businesses to be on
the site should have signs to identify their presence there. When suggesting the utilization of
billboards, Mr. Rowe responded that the State makes it very difficult to have billboards. With no
further comments or questions being made, Chairman Plew closed the public hearing.
The Board then undertook discussion of the variance request. Member Finn asked that if the Board
was to consider the addition of the six large signs on the free-standing sign, how would this be
considered? CEO Weber stated that each would basically be considered one sign since they more than
likely would be less than two feet thick, even though two-sided. The Board agreed that they could go
along with the six additional signs mounted on the existing free-standing sign, but it was their
opinion that the signage requested for the north end of the building was not necessary due to the fact
that the free-standing sign was visible when exiting the southbound Exit 10. CEO Weber stated that he
would like to clarify that if the new businesses proposed (i.e., Pizza Hut, Blimpe Subs, Dairy Queen) to
the Board did not actually occupy the Pit Stop Building, then those signs would not be permitted.
Chairman Plew made a motion to approve only the variance requested for the additional six signs to
be placed on the existing free-standing pole sign with no additional signage on the building. John
Finn seconded the motion, with all those members present voting in favor.
This becomes Resolution #56 of 1996.
ADDroval of Minutes for October 29. 1996
The minutes of the Zoning Board of Appeals meeting of October 29, 1996 were approved as submitted
on a motion made by Member Finn, seconded by Member Bilodeau, with all members present voting in
favor.
This becomes Resolution #57 of 1996.
The meeting was adjourned at 7:30 p.m. on a motion made by Member Finn, seconded by Member
Bilodeau, with all members present voting in favor.
Respectfully submitted,
oan E. Fitch, Secretary
Town of Cortlandville Zoning Board of Appeals
2
RECEIVED JAN 0 7 1997
TOWN OF, CORTLANDVILLE ZONING. BOARD OF APPEALS
w , Monday, 30 December 1996
Board Members (*absent)
David Plew, Chairperson
John Finn
Joann O'Rourke
Thomas Bilodeau
Patricia Wright
Public Present
Patricia Aspinwald
Others Present
Bruce Weber, Code Enforcement Officer
Joan E. Fitch, Board Secretary
Stephen Jordan, Applicant
Christine Place, Applicant's Architect
,39
The Public Hearing was opened at 7:00 p.m. by Chairman Plew who read the Legal Notice, published as
follows:
Notice is hereby given that a public hearing before the Zoning Board of Appeals of the
Town of Cortlandville will be held Monday, December 30, 1996, at 7:00 p.m. at the Town
Hall, 3577 Terrace Road, to consider the following application pursuant to the 1986
Zoning Law:
1. In the matter of the application of Stephen K Jordan for property located at
98 Hoxie Gorge Road, Marathon, NY, Tax Map Parcel No. 108.00-01-60.000,
for a variance in the terms and conditions of Article III, Section 6 of such
Zoning Law to allow for a front yard less than allowed.
The above application is open to inspection at the office of Bruce A. Weber, Code
Enforcement Officer, 3577 Terrace Road, Cortland, NY, or call 607/756-7490. Persons
wishing to appear at such hearing may do so in person or by attorney or other
representative.
Communications in writing in relation thereto may befitted with the Board or at such
hearing.
Dated: December 16, 1996 David Plew, Chairperson
Zoning Board of Appeals
Stephen K Jordan - 98 Hosie Gorge Read - TM #108.00-01-60.000
Chairman Plew recognized Christine Place, Architect for the applicant. Ms. Place explained that the
applicant was requesting a variance in the front yard setback to allow moving the garage front
forward a distance of nine feet, which would be in'alignment with the front of the house, thus allowing
a second -story addition to be constructed. The applicant wants to put a second story addition on the
house because , in addition to providing additional living space, Hoxie Gorge has a "separate climate of
its own," with the snow melt not occurring until late spring, and the addition would make one
continuous ridge/roof line which would eliminate snow collection. There will be a distance of 40 feet
from the garage to the edge of the road after construction.
There being no further questions or comments, Chairman Plew closed the public hearing. After a very
brief discussion, a motion to grant the variance was made by Thomas Bilodeau, seconded by Patricia
Wright, with all members voting in favor.
This becomes Resolution #88 of 1996.,
(T) Cortlandville Zonixig,poard,of Appeals
RECEIVED JAN 0 71997
140
30 December 1996
Atwroval of Minutes for November 26. 1996
The minutes of the. Zoning Board of Appeals meeting of November 26, 1996 were approved as submitted
on a motion made by. Member Finn, seconded by Member Wright, with. all members voting in favor.
This becomes Resolution #59 of 1996.
The meeting was adjourned at 7:06, , p.m. on. a,motion made by Member Bilodeau, seconded .by Member
Finn, with all members voting. in favor. .
Respectfully submitted;,
Joan E. Fitch, Secretary.
Town of Cortlandville Zoning Board of Appeals
2