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Home My WebLink About2018INDEX OF ACTIONS - 201.8 (T)CORTLANDVILLE ZONING BOARD OF APPEALS `JIEETING ACTION -- PAGE DATE NO.DESCRIPTION NO. 1/30/18 1 BENJAMIN LOCKE, APPLICANT/BENJAMIN & KELLEY LOCKE, REPUTED OWNERS - 981 NYS Route 222 -.TM #86.13-01-44.000 - Area Variance _ GRANTED for an-accessory building with a rear yard less than allowed, and- a height greater than allowed, as requested. Dl 2 BRIAN BUTTNER OF ADR ASSOCIATES, - -APPLICANT/ART BELL, JR., REPUTED OWNER - Blue Creek Road - TM #s 76.000-07-03.000 & 04.000 - The (T)Cortlandville Zoning Board of Appeals ACKNOWLEDGES WITHDRAWAL OF APPEALS for Area Variances for smaller lot than allowed and rear and side yard - setbacks less than,allowed. 3 APPROVED MINUTES OF 12/26/17 ZBA MEETING, as submitted. �3 INDEX OF ACTIONS - 2018 (T)CORTLANDVILLE ZONING BOARD OF APPEALS ( -MEETING ACTION PAGE DATE NO. I DESCRIPTION I NO. 2/27/18 4 TOM KILE, APPLICANT/CNY LIVING HISTORY CENTER, REPUTED OWNER - 4386 US Route 11 - TM #76.15-01-30.000 - Area Variance GRANTED for a free- standing sign. closer to property line than allowed and a height greater than allowed, as requested. 5 JEFF ARNOLD, APPLICANT/CLIFTON LAND COMPANY, LLC, REPUTED OWNER (dba Classy Chassy Car Wash) - 876. NYS Route 13 - TM #95.16-02- 78.100 - Based on the information and analysis of the SEAR, the Town of Cortlandville Zoning Board of Appeals has determined that the proposed action will not produce any significant adverse environmental impact, resulting in. a Negative Declaration. 0-7 6 JEFF ARNOLD, .APPLICANT/CLIFTON LANDCOMPANY, LLC,. REPUTED OWNER (dba Classy Chassy Car Wash) - 876 NYS Route 13 = TM #95.16-02- 78.100 - Use Variance GRANTED for (1) building -mounted signs to exend-above building wall, (2) a greater number of signs than allowed, and (3) building -mounted signs to be illuminated. 7: BRIAN BUTTNER OF ADR ASSOCIATES, APPLICANT/ART BELL; JR., REPUTED OWNER - 1062 Blue Creek Road - TM #76.000-07-03.000 - The Town of. Cortlandville ZBA, after taking into consideration its five findings in the "Balancing Test," has determined that the benefit to the Applicant does not outweigh the detriment to the neighborhood or community and, therefore, DENIES _ the requested Area Variance to allow for a lot with an area and width less than' . allowed.: 8 APPROVED MINUTES OF 30 JANUARY- 2018 ZBA PUBLIC HEARINGS/MEETING, as submitted. r Joan., itch, Board Secretary Emailed copy to:: KRP, TB; JF, JA, JBF; DD, BW, -DC & Mon -3/1/18. JEF INDEX OF ACTIONS - 2018 (T)CORTLANDVILLE ZONING BOARD OF APPEALS JIEETING ACTION I PAGE DATE NO. DESCRIPTION I NO. 3/27/18 9 DICKIE SCUTT, APPLICANT/REPUTED OWNER -415 McLean Road- - TM #9500-01-41.000 -Area Variance GRANTED, as requested, to allow for a garage with a front yard less than allowed. I3 10 APPROVED MINUTES OF 27 FEBRUARY 2018 ZBA PUBLIC HEARINGS/MEETING, as submitted 4 Joanp itch, Board Secretary Emailed copy to: KRP, TB, JF, JA, JBF, DD, BW, DC_ & KM on 3/28/18. JEF INDEX OF ACTIONS - 201.8 (T)CORTLANDVILLE ZONING BOARD OF APPEALS 'VIEETING I ACTION I PAGE DATE NO. DESCRIPTION I NO. 6/26/18 11 KAJEN, LLC, APPLICANT/REPUTED OWNER - NE Corner Webb Rd. & NYS Rte. 13 - TM #105.00-04-04.200 - Area Variance DENIED to allow for off -premise sign with a height greater than allowed. 0 0- 12 APPROVED MINUTES OF 27 HEARINGS/MEETING, as submitted. P. MARCH 2018 ZBA PUBLIC Jloanp�itch, Board Secretary. Emailed copy to: KRP, TB, JF, JA, JBF, DD, BW, DC & KM on 6/28/18. JEF INDEX OF ACTIONS - 2018 (T)CORTLANDVILLE ZONING BOARD OF APPEALS MEETING�DATE I ACTION NO. I PAGDESCRIPTION I O E 7/31/18 13 EMMANUEL POTHOS, APPLICANT/REPUTED OWNER — 3872 US Route 11 - NYS Rte. TM #87.00-05-05.000 - Area Variance request POSTPONED until next meeting of the (T)Cortlandville ZBA, as requested by the Appellant. • 14 EMMANUEL POTHOS, APPLICANT/REPUTED OWNER — 3872 US Route 11 - NYS Rte. TM #87.00-05-115.000 - Area Variance request POSTPONED until next meeting of the (T)Cortlandville ZBA, as requested by the Appellant. 15 APPROVED MINUTES OF 26 JUNE 2018 ZBA PUBLIC HEARINGS/MEETING, as submitted. Joan itch, Board Secretary Emailed copy to: KRP, TB, JF, JA, JBF, DD, BW, DC & KM on 8/2/18. JEF /4 INDEX OF ACTIONS - 2018 (T)CORTLANDVILLE ZONING BOARD OF APPEALS MEETING ACTION I PAGE _ DATE NO. DESCRIPTION NO. 8/28/18 16 EMMANUEL POTHOS, APPLICANT/REPUTED OWNER — 3872 US Route 11 - TM #87.00-05-05.000 and Weaver Road - TM #87.00-05-11.000 - Based on the information and analysis of the SEQR concerning these applications for an Area Variance, the information provided by the applicant and the Cortland County Planning Board, the Town of Cortlandville Zoning Board of Appeals has determined, after completion of a Full Environmental Assessment, that the proposed actions will not produce any significant adverse environmental impact, resulting in a Negative Declaration. 17 EMMANUEL POTHOS, APPLICANT/REPUTED OWNER — 3872 US Route 11 - TM #87.00-05-05.000 - Based on this Board's findings, the requested Area Variance is GRANTED. 18 EMMANUEL POTHOS, APPLICANT/REPUTED OWNER — Weaver Road - TM #87.00-05-11.000 - Based on this Board's findings, the requested Area Variance is GRANTED. 19 GINA GAMMAGE-SIKORA & ROBERT SIKORA, APPELLANTS/JOHN SIKORA, REPUTED OWNER - 1010 McLean Road - TM #96.09-02-25.000 - The Town of Cortlandville Zoning Board of Appeals supports the Interpretation of the Planning/Zoning Officer in that what is being proposed is a retail business. 20 APPROVED MINUTES OF 31 JULY 2018 ZBA PUBLIC HEARINGS/MEETING, as submitted. Joan PItch, Board Secretary Emailed copy to: KRP, TB, JF, JA, JBF, DD, BW, DC & KM on 8/30/18. JEF INDEX OF ACTIONS - 2018 (T)CORTLANDVILLE ZONING BOARD OF APPEALS 'MEETING ACTIONl PAGE DATE NO. I DESCRIPTION I NO. 9/25/18 21 KOLBY W. AVERY, APPLICANT/REPUTED OWNER - 3618 Munson Avenue - TM #96.09-02-34.000 - Use Variance GRANTED for double -wide manufactured home, as submitted. �1 22 BARBARA PETERSON & WILLIAM MAIN, APPLICANTS/REPUTED OWNERS - 4118 McGraw -North Road - TM #88.11-01-08.000 - Area Variance GRANTED for accessory building with side and rear yards less than allowed and lot coverage greater than allowed, as requested. 23 ED WILSON, APPLICANT/WALMART STORES, .INC., REPUTED OWNER - 819 Bennie Road - TM #105.00-02-07.000 - Variance GRANTED for greater number of building -mounted signs than allowed with illumination, as requested. :M 24 SQUEAKY CLEAN CAR WASH, APPLICANT/MY RYAN, LLC, REPUTED OWNER - 1081 NYS Route 222 - TM #86.13-01-30.000 - Variance GRANTED for free-standing sign closer to property line than allowed, as requested. Ai 25 JOE REAGAN/SCOTT STEVE, APPLICANTS/3901 NYS ROUTE 281, LLC, REPUTED OWNER - 3901 NYS Route 281 - TM #86.17-01-02.111 - Variance GRANTED for signage as requested. f Joan itch, Board Secretary Emailed copy to: KRP, TB, JF, JA, JBF, DD, BW, DC & KM on 9/26/18. JEF INDEX OF ACTIONS - 2018 ('T)CORTLANDVILLE ZONING BOARD OF APPEALS MEETING ACTION P NO. DESCRIPTION NO. DATE I i 10/30/1.8 26 STEVEN WYANT, APPLICANT/REPUTED OWNER - 2958 South Hill Road - TM #108.00-02-14.100 - Use Variance for a storage building POSTPONED until next scheduled meeting to allow for applicant/rep to be present. 3;1- 27 APPROVED MINUTES OF 28 AUGUST & 25 SEPTEMBER 2018 ZBA PUBLIC HEARINGS/MEETINGS, as submitted. 33 Joan -itch, Board Secretary Emailed copy to: KRP, TB, JF, JA, JBF, DD, BW, DC & KM on 11/1/18 (R). JEF FEB - 2018 TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS Public Hearing/Meeting Minutes - Tuesday, 30 January 2018 - 7:00 PM Town Hall Court Room - 3577 Terrace Road - Cortland, NY Board Members (*absent) Others Present John Finn, Chairman Bruce Weber, Planning/Zoning Officer David Plew Joan E. Fitch, Board Secretary Thomas Bilodeau Joanne Aloi Bernice Potter-Masler Avvlicants & Public Present Benjamin Locke, Applicant; Kelley, Olivia, & Mia Locke; Ann Doyle, Doug Withey, Larry Baker; Sharon Stevans, Volunteer Videographer. The Public Hearing was opened at 7 p.m. by Chairman John Finn, who read aloud the Legal Notice as published in the Cortland Standard on 11 January 2018, 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, January 30, 2018 at 7 p.m. at the Raymond G. Thorpe Municipal Building, 3577 Terrace Road, in the Town of Cortlandville, New York, to consider the following application pursuant to the 1986 Zoning Law: 1. In the matter of the application of Benjamin Locke, for property located at 981 State Route 222, Tax Map No. 86.13-01-44.000, for a variance in the terms and conditions of Article IV, Section 178-17 B(1), Bulk Regulations, to allow for a garage with a height greater than allowed and a rear yard less than allowed. The above application is open to inspection at the office of Bruce A. Weber, Planning & Zoning Officer, Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, call (607) 756-7052 or (607) 423-7490. Persons wishing to appear at such hearing may do so in person, by Attorney, or other representative. Communications in writing in relation thereto may be filed with the Board or at such hearing. David Plew, Chairperson Zoning Board of Appeals (Note: Proof of Publication has been placed on file for the record.) PUBLIC HEARING Beniamin Locke. Avolicant/Beniamin & Kellev Locke. Revuted Owners - 981 NYS Route 222 - TM #86.13-01-44.000 - Area Variance - Building Height & Rear Yard Setback Chairman John Finn recognized the applicant who explained to everyone present that he was seeking an area variance. He stated he wished to move the previously approved location of his garage to make better use of it; cosmetically, he said, it would also look better. He stated it would no longer be connected to the existing home and, also, he wanted to increase its height by four feet to eighteen feet; 15 feet is the maximum height allowed. A photo similar to what is proposed accompanied the application; there would, however, be no cupola(s) as shown. Chair Finn asked if there was anyone from the public who wished to speak on this matter; there was no one: With everyone being heard who wished to be heard, Chair Finn closed the Public Hearing at 7:04 p.m. Page 1 of 3 FED -E, 2018 Minutes - Public Hearing - (T) Cortlandville Zoning Board of Appeals 30 January 2018 DISCUSSION/DECISION p At the request of Chair Finn, Member Joanne Aloi proceeded with the required questions (balancing test) for an area variance; the responses given by the ZBA members, were as follows: 1. Would there be an undesirable change in neighborhood character or to nearby broberty? Finding: No. All Board members present agreed. 2. Can the benefit be achieved by other means feasible to the annlicant? Finding: No. All Board members present agreed. 3. Is the reouested variance substantial? Finding: No. All Board Members present agreed. 4. Would the variance have an adverse impact on the nhvsical or environmental conditions in the neighborhood? Finding: No. All Board members present agreed. 5. Has the alleged difficultv been self-created? Finding: Yes. The proposed garage could be placed/ constructed to meet the requirements, but it wouldn't be as useful. All Board members present agreed. At the conclusion of the test, a motion was made by Member Tom Bilodeau to grant the area variance, as requested. The motion was seconded by Member David Plew, with the vote recorded as follows: Ayes: Chair Finn Nays: None Member Plew Member Bilodeau Member Aloi Member Potter-Masler Motion passed. This becomes Action #1 of 2018. POSTPONED FROM 26 DECEMBER 2017 Brian Buttner of ADR Associates. Auulicant/Art Bell. Jr.. Reputed Owner - Blue Creek Road - TM #s 76.00-07-03.000 & 04.000 - Area Variances for Smaller Lot & Setbacks (Reference is made to the Minutes of 12/26/17 at which meeting the requested area variances for a smaller lot than allowed and rear and side yard setbacks less than allowed were postponed until this ZBA meeting in order to obtain additional information regarding the County Sanitary Code.) PZO Bruce Weber reported that the previously requested appeals had been withdrawn by the applicant. Page 2 of 3 OX 63 EEC 2018 Minutes - Public Hearing - (T) Cortlandville Zoning Board of Appeals 30 January 2018 With no further discussion, a motion was made: by Member Aloi to acknowledge the withdrawal of both appeals foi .area variances for a smaller lot than allowed and rear and side yard setbacks less than allowed.. The motion was seconded -by Member Bernice Potter-' Masler, with the vote recorded as follows: Ayes: Chair Finn Nays:. None Member Plew Member Bilodeau Member Aloi Member Potter-Masler Motion passed. This becomes Action #2 of 2018. APPROVAL OF MINUTES — 26 DECEMBER 2017 A motion was made by Member Bilodeau to approve the ZBA Minutes of 26 December 2017, as submitted. The motion was. seconded by Member Aloi, with the vote recorded as follows: Ayes: Chair Finn Nays: None Member Plew Member Bilodeau Member A101 Member Potter-Masler Motion passed. This becomes Action 13 of 2018. ADJOURNMENT At 7:10 p.m., on a motion by Member. Potter-Masler, seconded .by .Member Bilodeau, with everyone present voting in the affirmative, the meeting was -adjourned. J. E. Fitch, Board Secretary Emailed to KRP, Bd. Members, JBF, BW, DD, DC, KM on 2/8/18. i Page 3 of 3 MAR 1 5 2018 ATTENDANCE SHEET V-TV%ND,II-LLE INNING $Df: OI`�A�P'�E�A S EETI�NG (Your attendance is recorded in the meeting Minutes.) PRI�N1� ► Name: Regarding: Complete Address: l� Gt ol'�I <) I'lvi'ct L oc)C� sz(" c Mn a IP.y noL- e -i c -r -� lru ti 40 WAR 1 6 2018 TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS Public Hearings/Meeting Minutes - Tuesday, 27 February 2018 - 6:30 PM Town Hall Court Room - 3577 Terrace Road - Cortland, NY Board Members (*absent) Others Present John Finn, Chairman Bruce Weber, Planning/Zoning Officer *David Plew Joan E. Fitch, Board Secretary Thomas Bilodeau Joanne Aloi Bernice Potter-Masler Applicants & Public Present Tom Kile, Applicant; Jeff Arnold, Applicant; Brian Buttner, Applicant; Kevin Walsh, Anne & James McLorn, Pam Jenkins, Arthur Bell. The Public Hearings were opened at 6:30 p.m. by Chairman John Finn, who read aloud the Legal Notice as published in the Cortland Standard on 14 February 2018, 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, January 30, 2018 at 7 p.m. at the Raymond G. Thorpe Municipal Building, 3577 Terrace Road, in the Town of Cortlandville, New York, to consider the following applications pursuant to the 1986 Zoning Law: 1. In the matter of the application of Tom Kile (CNY Living History Center), for property located at 4386 NYS Route 11, Tax Map No. 76.15-01-30.000, for a variance in the terms and conditions of Article XV19,, Section 178-11 B & 112 Note 2a, to allow for a free-standing sign closer to property line than allowed and a height greater than allowed. 2. In the matter of the application of Jeff Arnold (Classy Car Wash) for property located at 867 NYS Route 13, Tax Map No. 95.16-02-78.100, for a variance in the terms and conditions of Article XVIII, Section 178-111 F & 112 Table 1, to allow for building -mounted signs to extend above the wall of the building, a greater number of signs than allowed, and building -mounted signs to be illuminated. 3. In the matter of the application of Brian Buttner for property located at 1062 Blue Creek Road, Tax Map No. 76.00-07-03.000, for a variance in the terms and conditions of Article Ili, Section 178-14 A (Bulk Regulations), to allow for a lot with an area and width less than allowed. The above applications are open to inspection at the office of Bruce A. Weber, Planning & Zoning Officer, Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, call (607) 756-7052 or (607) 423-7490. Persons wishing to appear at such hearing may do so in person, by Attorney, or other representative. Communications in writing in relation thereto may be filed with the Board or at such hearing. John Finn, Chairperson Zoning Board of Appeals (Note: Proof of Publication has been placed on file for the record.) Page 1 of 7 IN RAR * R$ Minutes - Public Hearings - (T) Cortlandville Zoning C g BoardOof Appeals 27 February 2018 I PUBLIC HEARING # 1 1 Tom Kile. Applicant/CNY Living History Center. Reputed Owner - 4386 US Route 11 - TM #76.15-01-30.000 - Area Variance - Sign Height & Location Chairman John Finn recognized the applicant who introduced Kevin Walsh, the organization's President, and explained to everyone that the History Center was seeking an area variance for a free-standing sign closer to the property line and at a height greater than allowed, as shown on the map/photo accompanying the application. The sign would be placed in the parking lot, right on the right-of-way line, whereas a 15 -foot setback is required. The Board discussed the pros and cons of its location, particularly with regard to vehicles backing from parking spaces. The applicant wants the height of the proposed sign to be twenty (20) feet because there are a lot of campers/ trailers that turn around/exit after visiting and their line of sight would be compromised with a lower sign. The maximum sign height is eight (8) feet. Member Tom Bilodeau commented that the higher sign would be more safe. Member Joanne Aloi stated that the sign for the business across the street is higher. Chair Finn asked if there was anyone from the public who wished to speak on this matter; there was no one. With everyone being heard who wished to be heard, Chair Finn closed the Public Hearing at 6:43 p.m. DISCUSSION/DECISION At the request of Chair Finn, Member Aloi proceeded with the required questions (balancing test) for an area variance; the responses given by the ZBA members, were as follows: 1. Would there be an undesirable chanize in neighborhood character or to nearbv property? Finding: No. All Board members present agreed. 2. Can the benefit be achieved by other means feasible to the applicant? Finding: No. All Board members present agreed. 3. Is the reauested variance substantial? Finding: Yes. All Board Members present agreed. 4. Would the variance have an adverse impact on the phvsical or environmental conditions in the neighborhood? Finding: No. All Board members present agreed. 5. Has the alleged difficultv been self-created? Finding: No; highway upgrades/ sidewalks changed the ROWs. All Board members present agreed. At the conclusion of the test, a motion was made by Member Tom Bilodeau to grant the area variance, as requested. The motion was seconded by Member Aloi, with the vote recorded as follows: Ayes: Chair Finn Nays: None Member Bilodeau Member Aloi Absent: Member Plew Member Potter-Masler Motion passed. This becomes Action #4 of 2018. Page 2 of 7 ®1 2018 Minutes --Public Hearings - (T) Cortlandville Zoning Board of Appeals 27 February 2018 I PUBLIC HEARING #2 1 Jeff Arnold, Applicant/Clifton Land Comnanv, LLC. Reputed Owner (dba Classv Chassv Car Wash) - 876 NYS Route 13 - TM #95.16-02-78.100 - Use Variance - Sianaae Chairman John Finn recognized the applicant who explained that he was seeking a use variance to place building -mounted signs above the wall of the building, a greater number of signs than allowed, and the illumination of the building -mounted signs, all as shown on the location map/drawings accompanying the application. Mr. Arnold stated that they were expanding the car wash, formerly called "Cortland's Best Car Wash." Alternative signage was presented to the Board for their review: three signs to be placed on a sign tower, as shown on Drawing A-4, Jan. 2018, Proposed Sign Addition, prepared by ALA Architects of Rochester, NY, OR an "alternative" monument sign as shown on a 12/8/17 drawing prepared by Kassis Superior Signs of Syracuse, NY. Copies of all have been placed on file for the record. Mr. Arnold stated that they will be removing the existing pole sign and incorporate the new signage as part of the building structure, thereby increasing the line of sight when exiting the car wash onto Route 13. Although a monument sign was shown as an alternative, it was not the company's preferred signage. Also proposed were new directional signs which would be internally illuminated. Chair Finn asked if there was anyone from the public who wished to speak on this matter; there was no one. With everyone being heard who wished to be heard, Chair Finn closed the Public Hearing at 6:56 p.m. DISCUSSION/DECISION Board members reviewed the elevation drawings presented. Signs were proposed on the north, south, and west sides of the sign tower (cupola) as explained by PZO Bruce Weber. Member Aloi commented that the alternative monument sign "could be hazardous" as it would "obstruct the view." At the request of Chair Finn, Member Aloi proceeded with the required questions (balancing test) for a use variance; the responses given by the ZBA members, were as follows: 1. Has the applicant demonstrated that the applicant cannot realize a reasonable return, and that the lack of return is substantial and has been demonstrated by competent financial evidence? Finding: Yes. Signage critical to financial success of this business; current car wash not very visible. All Board members present agreed. 2. Has the applicant demonstrated that the alleged hardship relating to the property in question is uniaue and does not apply to a substantial portion of the district or neighborhood? Finding: Yes. Location of building is unique because of way it is situated and the size and shape of the lot. All Board members present agreed. 3. Has the applicant demonstrated that the reauested use variance, if Granted. will not alter the essential character of the neighborhood? Finding: Yes. All Board Members present agreed. 4. Has the applicant demonstrated that the alleged hardship has not been self- created? Finding: Yes. Building/ location are pre-existing as are the entrance/egress lanes. All Board members present agreed. Page 3 of 7 MAR i r 2018 Minutes - Public Hearings - (T) Cortlandville Zoning Board of Appeals 27 February 2018 Chairman Finn then read aloud Part II of the Short Environmental Assessment Form. Negative -responses were obtained to all questions in Part II. A motion was then made by Member Aloi that, based on the information and analysis of the SEQR concerning this application, the Town of Cortlandville Zoning Board of Appeals has determined, that the proposed action will not . result in any significant adverse environmental impact, resulting in a Negative Declaration. The motion was seconded by Member Bilodeau, with.the vote recorded as follows: Ayes: Chair Finn Nays: None Member Bilodeau Member Aloi Absent: Member Plew Member Potter-Masler Motion passed. This becomes Action #5 of 2018. With no further discussion, a motion was then made by Member Bilodeau to grant the use variance for (1) the building -mounted signs to extend above the building wall, (2) a greater number of signs than allowed, and (3) the building -mounted signs to be illuminated. The motion was seconded by Member Potter-Masler, with the vote recorded as follows: Ayes: Chair Finn Nays: None Member Bilodeau Member Aloi Absent: Member Plew Member Potter-Masler Motion passed. This becomes Action #6 of 2018. I PUBLIC HEARING #3 1 Brian Buttner of ADR Associates. Applicant/Art Bell. Jr.. Reputed Owner - Blue Creek Road - TM #76.00-07-03.000 - Smaller Lot Area & Width Chairman Finn recognized the applicant who explained that the owner was seeking an area variance to allow for a lot with an area and width less than allowed. He explained that, as shown on the accompanying map indicating Parcels A, .B, and C (actual and proposed), the owner wished to modify the existing conforming lot areas of Parcels A and B by taking a 109± ft. strip from- Parcel A and combining it with Parcel B. This would result in reducing Parcel A from 2.73± A. to 1.740± A. and increasing Parcel B from 2.008± A. to 2.98± A, making Parcel A a non- conforming lot (two acres are required). Mr. Buttner commented that this "lot line adjustment" was to preserve the agricultural land. The 109± foot strip, he stated, is an existing agricultural drainage ditch: The owner, Mr. Bell, lives on Parcel B and has had the opportunity to sell Parcel A. However, he would like to preserve the existing ditch. There will be no construction or modification of the existing dwellings planned; it's really a lot line adjustment with preservation of the drainage ditch, he stated. Mr. Buttner stated that the Health Department found no problem with this request because the existing duplex units already have their septic systems designed. He also commented that this would be part of "that stormwater management for the original parcel." PZO Weber', in response to Chairman Finn's question, advised that "the only thing that this application is for is to allow for a lot with an area -and width less than allowed." Chair Finn asked if, there was anyone from the public who wished to speak on this matter; there were, as follows: Page 4 of 7 Nil MAP, 1 r 2018 Minutes - Public Hearings - (T) Cortlandville Zoning Board of Appeals 27 February 2018 Anne McLorn - 1052 Blue Creek Road - Facts presented by applicant are "completely false." Property adjoins Bell property. Ditch runs along her property. She then read aloud her comments as submitted to the ZBA in a letter dated 27 February 2018. This letter, which extensively explains her opposition to the granting of this variance, and is accompanied by a subdivision map (date unknown) of the parcels, along with four petitions (dated October 2015) requesting denial of a previous variance request for the subject property, has been placed on file for the record. Pamela Jenkins - 4023 Colleaeview Drive - (Transcribed verbatim) - `7 agree with everything my neighbor Mrs. Mc Lorn stated. Mr. Bell is out of compliance with all of the building that he has done to date on the property. Pat Reidy wrote yesterday that the Town is aware that the Bell property was supposed to develop and implement a stormwater plan and that has not been done. So, the development is out of compliance. Because Cortlandville has failed to provide compliance, my neighbor has had to contact the DEC which will be making a site visit tomorrow. This is despicable. We're paying code enforcement to provide enforcement and it's not happening. Instead of providing a site plan for the entire development, Mr. Bell is using segmentation to get this development approved piecemeal. This is a violation of SEQR Law. SEQR Law requires that you look at the cumulative impacts of the entire development including the roadway that he built, and what appears to be construction building business which was not on the original site plan and you have this right there were it says equipment, garage, and office, and 2 duplexes, and proposed third residence building. It appears that Mr. Bell did not file a Notice of Intent to Disturb greater than one acre as is required under Environmental Conservation Law. And, to repeat, there is no stormwater plan. There is a Federal Wetland of .336 acres on the property. Today, I was standing in the running water on the property, and there are septic systems on the property. Again, Cortlandville has failed to provide enforcement. Until you see an approved stormwater plan for the entire site, and until it is stamped by a Professional Engineer, and accepted by the Department of Environmental Conservation, I submit that you cannot be giving any more approvals to this person, and that I agree that this level of development has definitely impacted my neighbor's property... so you're adding all of this impervious surface, plus septic tanks; I don't buy it that they want to control this ditch because, first of all, half of the ditch is on Anne's property, so the concept that they want to control this ditch I don't buy that. I think it's to allow heavier development off of this land than it can possibly handle. So I urge you to deny this request and deny any further requests until you see the stormwater plan. Of course I'm in touch with my lawyer about this, and of course if Anne needs more advice she will get it." She added, "Please deny this request because it's not in compliance. It's a total violation of SEQR. Art Bell - 4375 Bell Crest Drive - Parcel C is not why he's here tonight. The building is under construction and not completed. Also have plans to build a new single-family house there. Entire property is under construction and is not a place of business. Does have stormwater plans and met with his engineer, Tim Buhl, so does not understand where comment comes from. Stormwater plan attached to the Permit, he stated. (PZO Weber commented that CEO Kevin McMahon was not aware of a stormwater plan, and stated he will meet with the CEO to determine what is accurate.) Page 5 of 7 51 MAR I r 2018 Minutes - Public Hearings - (T) Cortlandville Zoning Board of Appeals 27 February 2018 Chairman Finn asked PZO Weber if a single-family dwelling, plus the under -construction barn, could be on 1.57 acres. PZO Weber responded that when the house is there, and the garage is part of the property as an accessory use, the owner has the right to have a home occupation which is limited to certain criteria. He added that the lot had been subdivided a year and a half ago and, at that time, it was in compliance with the Town's requirements. PZO Weber then explained what has transpired with regard to this subdivision over the past 3± years. He then commented that, given the size of the building and how he would operate a home occupation, he may need a variance for that. Mr. Bell advised the Board that the 109± -foot strip can never be developed. All he was requesting was the adjustment of the boundary line as shown. Moving the line as requested would allow Mr. Bell to maintain the ditch. In response to Board Members' questions, Mr. Bell indicated various locations on his map: adjacent landowners, private road, Stevens' right-of-way, etc. Anne McLorn indicated the strip could be used as a driveway "to reach this property back here." She also stated she had received an email this afternoon from Mike Ryan of the County Health Department, but no copy was provided to the Board Secretary, and no further information is available. However, PZO Weber stated he will talk with Code Enforcement regarding Parcel C as to whether Mr. Bell (who plans to build a single-family home on Parcel C) is in compliance at this time, which is a separate issue from what the Board is being asked at this meeting. Chair Finn asked if there was anyone from the public who wished to speak on this matter; there was no one. With everyone being heard who wished to be heard, Chair Finn closed the Public Hearing at 6:56 p.m. DISCUSSION/DECISION Member Aloi asked for a timeline with this subdivision, and it was provided by Mr. Buttner. So she now understood that the original plan was for three duplexes; there are now two duplexes and "if we do this tonight, it opens up the opportunity, again, for something else back here which would be pretty close to what we turned down in the beginning." This was her concern. Member Bilodeau also commented that granting of the requested variance would make two conforming lots into one conforming and one non -conforming. At the request of Chair Finn, Member Aloi proceeded with the required questions (balancing test) for an area variance; the responses given by the ZBA members, were as follows: 1. Would there be an undesirable chance in neighborhood character or to nearbv i3roperty? Finding: Yes. All Board members present agreed. 2. Can the benefit sought by the ap_ Dlicant be achieved by a feasible alternative to the variance? Finding: Yes. The lots could stay the same. All Board members present agreed. 3. Is the requested variance substantial? Finding: Yes. It would create a non -conforming lot. All Board Members present agreed. Page 6 of 7 0 ,R ? 6 2018 l l Minutes - Public: Hearings (T) Cortlandville Zoning Board of Appeals 27 February 2018 4. Would the variance have; an adverse impact on the bhvsical or environmental- conditions in the neiL-hbdrhood? Finding: Yes (Aloi, Finn, Masler-Potter) because it cannot be . controlled. . No (Bilodeau). .5. Has the alleized -difficulty been self-created?' Finding: Yes. All Board members present agreed. At the conclusion of the test, a:", motion . was made by Member Aloi that : the Town of Cortlandville Zoning Board of Appeals; after taking into consideration its five findings in the "Balancing Test," has determined that the benefit :to the Applicant does not:outweigh the detriment to the neighborhood or community and; therefore, denies: the requested Area Variance to allow for a lot with: an area: and width less than allowed. The motion was seconded by Member Bilodeau, with the vote recorded as follows; Ayes: Chair- Finn . Nays: None Member Bilodeau Member Aloi Absent: Member Plew Member Potter-Masler :Motion passed. This becomes- Action #7 of 2018. Mr. Bell argued, regarding. #1 of the "Balancing Test,", how do you change something in the neighborhood when it's only changing on paper? It's not changing the neighborhood or the physical appearance of the neighborhood, he stated. PZO Weber : responded that when the "Town's Zoning Regulations requires_ certain areas to'be associated with' certain uses, part of that is aesthetics as to .the open .space." • Member Bilodeau added that his objection to granting of the requested variance was that the applicant was making something that was in compliance .non- compliant. Mr. Buttner than added that he felt there was a;little "fear mongering" that occurred. tonight. APPROVAL -OF MINUTES 30 JANUARY 2018 A - motion was made by Member Aloi to approve the ZBA Minutes of 30 January2018; as submitted. The motion was seconded by Member Bilodeau, withthe vote recorded as follows: ` Ayes: Chair: Finn Nays: None Member Bilodeau Member Aloi Abse_ nt: Member Plew Member Potter-Masler Motion- passed. This becomes Action #8 of 2018. ADJOURNMENT At -8:35 ,p.m:, ,on a motion by :Member Bilodeau, seconded by Member Potter-Masler; with- everyone present voting in.the affirmative, the meeting was adjourned. Y ary J E. FitchDC , Board Secret Emailed to. Bd. Members, JBF, BW;DD, ,KM: on3/14/i8..(R) _. Pa e7of7 MAR 1 5 2018 _ ATTENDANCE SHEET (4fi_)X--ORTLAN.D3TILLEJ ZONING BD. OPPE S M F_AEEirxtm- F � 33 (Your attendance is recorded in the meeting Minutes.) lO'L �fPRINTE.I> Name: Complete Address: /Regarding: / qW ( t -3'e v r`o LILA, l v UL -j i 181" ,bL( 4.0 g5U T�Ctil �.�4. dirt, 51� U) U-K�� f�, rDCo Vic` UGcc , NY 13c-rS L ,, JEFF A zw()L-a CAS -)4 r}��ss� �'�� p- t,. 20 K �� -a cc�� .N�r ((-!4j�,� n ----4 t �� L Cis C 1l l e l L uu d (0 ( (U,a V/ �/ o � �s C � � � � ZONING IF APPEALS Meeting APP 4 2018 TOWN OF CORTLANDVILLE ZONING BOARD .OF APPEALS f Public Hearing/Meeting Minutes - Tuesday, 27 March 2018 - 7 PM Town Hall Court Room - 3577 Terrace Road - Cortland, NY Board Members (*absent) Others Present John Finn, Chairman Bruce Weber, Planning/Zoning Officer *David.Plew Joan E. Fitch, Board Secretary Thomas Bilodeau *Joanne Aloi Bernice Potter-Masler Avolicants & Public .Present Dickie Scutt, Applicant; Holly Scutt; Sharon Stevans w/ Community Access TV. The Public Hearing was opened at 7 p.m. by Chairman John Finn, who read aloud the Legal Notice as published in the Cortland Standard on 14 March 2018, 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, March 27, 2018 at 7 p.m. at the Raymond G. Thorpe Municipal Building,3577 Terrace Road, in the Town of Cortlandville, New York, to consider the following application pursuant to the 1986 Zoning Law: 1. In the matter of the application of Dickie Scutt for property located at 415 NYS McLean Road, Tax Map No. 95.00-01-41.000, for a variance in the terms and conditions of Section 178-13 A, -Bulk Regulations, to allow for a garage with a front yard less than.allowed. The above application is open. to inspection at the office of Bruce A. Weber, Planning & Zoning Officer, Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, call (607) 756-7052 or (607) 423-7490. Persons wishing to appear at such hearing may do so in person; by Attorney, or other representative. Communications in writing in relation thereto may be filed with the. Board or at such hearing. John Finn, Chairperson Zoning Board of Appeals (Note: Proof of Publication has been placed on file for the record.) I PUBLIC HEARING Dickie Scutt-. Avi icant/Reputed Owner - 415 McLean Road - TM #95.00-01-41.000 - Area Variance - Garage Setback Less Than Allowed Chairman John Finn recognized the applicant who was seeking an Area Variance to construct a 24 ft. by 30 ft. replacement garage at the location of a 12 ft. by 20 ft. garage which had been removed. The proposed garage would be no closer, to the road than the previous one, -but PZO Bruce Weber explained that, since- the old garage had been removed previously, then whatever garage was put in its place must ,be conforming. With the proposed garage, being larger, it was closer to the property line than allowed. Chair Finn asked if there was anyone- from the public who wished to speak on this matter; there was no one. With everyone being heard who wished to be heard, Chair Finn closed the Public Hearing at 7:04 p.m. Page 1 of 2 APR r 2018 Minutes - Public' Hearing -. (T) Cortlandville Zoning Board of Appeals 27 March 2018 DISCUSSION/DECISION'. _ Chair Finn proceeded. with the required questions (balancing test) for an area variance; the responses given by the 'ZBA members, were as follows: 1: Would there be an undesirable change in neighborhood character or to nearbv property? Finding: No. All Board members present agreed. 2. "Can the benefit be achieved by other means feasible to the aDDlkant? Finding: No. All Board, inernbers present agreed. 3. -Is the reauested variance substantial?. Finding: No, All Board Members present agreed. 4.- Would -the :variance .have an, adverse. impact on . the Dhvsical or environmental conditions in the, neighborhood? Finding: No: - All Board members present agreed: 5.. Has the alleged difficulty been self-created? Finding: No. All Board members present agreed. At the conclusion of _the test, a motion was made by Member Tom Bilodeau to grant the area variance, as requested. The motion was seconded by. Member Bernice- Potter-Masler, with the. vote recorded as follows:.. Ayes: Chairman Finn Nays: None. Member Bilodeau t - Member Potter-Masler. Absent: Member Plew Member Aloi . Motion passed: This becom' es:Action 49. of 20.18: APPROVAL OF MINUTES — 27 FEBRUARY.20.18 A motion was made by Member Potter-Masler to approve the ZBA Minutes of 27 February 2018,.-as suhmitted.: ' The motion was seconded by `Member ,Bilodeau, with the, vote ; recorded as follows:.. Ayes: Chairman Finn Nays: None Member Bilodeau Member,Potter=Masler Absent: Member Plew Member Aloi Motion' passed. This becomes: =Action :# 10 of 2018. . ADJOURNMENT -- At 7:07 p.m:; .on a -motion by Member .Bilodeau,.-seconded by Member Potter-Masler, with. everyone present voting in.the affirmative, the. meeting was: adjourned. r J E. Fitch, Board :Secretary Emailed to.KRP, Bd. Members, JBF, .: BW; DD, DC; KM on 4/4/,18. Page 2 of 2 - AUG - l 2018 r� i ATTENDANCE SHEET #T) CORTLANDVILL 0 ZONING -BD: OF APPEALS MEETING OFS� L- V 7%, (Your attendance is recorded in the meeting Minutes.) �PRI;NTE9� Name: 71 rel2✓oma s �I cl�l � Scu-rC Regarding: l�A(l.l�AaNu: � Complete Address: BONING -BD. OF APPEALS`Meeting Only 15 JUL - 3 2018 TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS Public Hearing/Meeting Minutes - Tuesday, 26 June 2018 - 7 PM Town Hall Court Room - 3577 Terrace Road - Cortland, NY Board Members (*absent) Others Present John Finn, Chairman Bruce Weber, Planning/Zoning Officer David Plew Joan E. Fitch, Board Secretary Thomas Bilodeau John B. Folmer, Town Attorney Joanne Aloi Bernice Potter-Masler Applicants & Public Present Glen Anderson for KAJEN, LLC, Applicant; Rose & Richard Bottoff, John Reynolds, Dennis Rew. The Public Hearing was opened at 7 p.m. by Chairman John Finn, who read aloud the Legal Notice as published in the Cortland Standard on 13 June 2018, 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, June 26, 2018 at 7 p.m. at the Raymond G. Thorpe Municipal Building, 3577 Terrace Road, in the Town of Cortlandville, New York, to consider the following application pursuant to the 1986 Zoning Law: 1. In the matter of the application of KAJEN, LLC, for property located on the northeast corner of Webb Road & NYS Route 13, Tax Map No. 105.00-04- 04.200, for a variance in the terms and conditions of Section 178-112 B 4, to allow for an off -premise sign with a height greater than allowed. The above application is open to inspection at the office of Bruce A. Weber, Planning & Zoning Officer, Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, call (607) 756-7052 or (607) 423-7490. Persons wishing to appear at such hearing may do so in person, by Attorney, or other representative. Communications in writing in relation thereto may be filed with the Board or at such hearing. John Finn, Chairman Zoning Board of Appeals (Note: Proof of Publication has been placed on file for the record.) PUBLIC HEARING . I KAJEN. LLC. Applicant/Reputed Owner - NE Corner Webb Road & NYS Route 13 - TM #105.00-04-04.200 - Area Variance - Sign Height Greater Than Allowed Chairman John Finn recognized Glen Anderson, part owner of KAJEN, LLC, who was seeking an Area Variance to erect an off -premises sign on the subject parcel at a height greater than allowed. The proposed sign would be 14 feet in height, and only 8 feet is allowed. Mr. Anderson stated that the existing sign on the adjacent parcel (in the Town of Virgil) was not visible "coming from Dryden." Therefore, they would like to move the sign onto their adjacent property. PZO Bruce Weber clarified that a variance was needed for the sign height only; an off -premises sign is allowed in the Town's Business District, with a maximum height of eight feet and total area of 75 square feet. The area of the proposed sign is less than 75 square feet. Mr. Anderson advised everyone that the exact same sign that exists on the adjacent parcel is the one that they are proposing to move a distance of 125± feet from its present location on Webb Road to their Town of Cortlandville parcel. They will not have two signs for this Sunoco station. Chair Finn asked if there was anyone from the public who wished to speak on this matter; there were, as follows: Page 1 of 3 VUL - 3 2018 110 Minutes - Public Hearing - (T) Cortlandville Zoning Board of Appeals 26 June 2018 Richard Bottoff - 2943 Webb Road - Lives across Webb Road from the Sunoco station. t He submitted a Petition which expressed "strong opposition" to granting of the requested variance, signed by himself and nine of his neighbors. The existing sign is very bright. The Petition, which has been placed on file for the record, sets forth the objections to granting of the requested area variance. Chairman Finn advised Mr. Bottoff that the existing sign in the Town of Virgil would be moved 125± feet farther away from Webb Road. With everyone being heard who wished to be heard, Chair Finn closed the Public Hearing at 7:08 p.m. DISCUSSION/DECISION After a brief discussion, Member Joanne Aloi proceeded with the required questions (balancing test) for an area variance; the responses given by the ZBA members, were as follows: 1. Would there be an undesirable change in neighborhood character or to nearby i3roperties? Finding: Yes, based on the Petition received, and no hardship has been demonstrated. All Board members present agreed. 2. Can the benefit be achieved by other means feasible to the applicant? Finding: Yes (Finn, Bilodeau, Aloi, Potter-Masler)—if it was in compliance. No (Plew). 3. Is the reauested variance substantial? Finding: Yes; 8 -foot height v. 14 -foot height. All Board Members present agreed. 4. Would the variance have an adverse impact on the phvsical or environmental conditions in the neighborhood? Finding: No (Finn, Bilodeau, Aloi, Potter-Masler), less impact as it is proposed to move it 125 ft. farther from Webb Road. Yes (Plew). 5. Has the alleged difficultv been self-created? Finding: Yes. All Board members present agreed. At the conclusion of the test, a motion was made by Member David Plew to deny the area variance for an off -premise sign with a height greater than allowed. The motion was seconded by Member Bernice Potter-Masler, with the vote recorded as follows: Ayes: Chairman Finn Nays: None Member Plew Member Bilodeau Member Aloi Member Potter-Masler Motion passed. This becomes Action #I I of 2018. APPROVAL OF MINUTES — 27 MARCH 2018 Page 2 of 3 JUL - 3 2018 Minutes - Public Hearing - (T) Cortlandville Zoning Board of Appeals 26 June 2018 A motion was made by Member Bilodeau to approve the ZBA Minutes of 27 March 2018, as submitted. The motion was seconded by Member Potter-Masler, with the vote recorded as follows: Ayes: Chairman Finn Nays: None Member Bilodeau Member Potter-Masler Abstain: Member Plew Member Aloi Motion passed. This becomes Action #12 of 2018. ADJOURNMENT At 7:20 p.m., on a motion, by Member Aloi, seconded by Member Bilodeau, with everyone present voting in the affirmative, the meeting was adjourned. ,r J E. Fitch, Board Secretary Emailed to KRP, Bd. Members, JBF, BW, DD, DC, KM on 7/3/18. Page 3 of 3 11 AUG - 1 2018 ATTENDANCE SHEET -CORTLANDVII;LE1 `Z_O_NIN_G. BD. OF APPEALS EETING OF (Your attendance is recorded in the meeting Minutes.) RINTE Name: Regarding: Complete Address: n fa j A P. Wyf 1-06&6 -ems' v � - vx L9 ZONING BD. OF APPEALS Meeting Only AUG 2 2 2010 TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS Public Hearing/Meeting Minutes - Tuesday, 31 July 2018 - 6:30 PM Town Hall Court Room - 3577 Terrace Road - Cortland, NY Board Members (*absent) John Finn, Chairman David Plew Thomas Bilodeau Joanne Aloi Bernice Potter-Masler Applicants & Public Present None. Others Present Bruce Weber, Planning/Zoning Officer Joan E. Fitch, Board Secretary The Public Hearings were opened at 6:30 p.m. by Chairman John Finn, who read aloud the Legal Notice as published in the Cortland Standard on 18 July 2018, 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, July 31, 2018 at 6:30 p.m. at the Raymond G. Thorpe Municipal Building, 3577 Terrace Road, in the Town of Cortlandville, New York, to consider the following application pursuant to the 1986 Zoning Law: 1. In the matter of the application of Emmanuel Pothos, for property located at 3872 Route 11, Tax Map No. 87.00-05-05.000, for a variance in the terms and conditions of Article XVIII, Section 178-112 B 4, to allow for an off -premise sign with a height and area greater than allowed. 2. In the matter of the application of Emmanuel Pothos, for property located on Weaver Road, Tax Map No. 87.00-05-11.000, for a variance in the terms and conditions of Article XVIII Section 178-112 B 4, to allow for an off -premise sign with a height and area greater than allowed. The above applications are open to inspection at the office of Bruce A. Weber, Planning & Zoning Officer, Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, call (607) 756-7052 or (607) 423-7490. Persons wishing to appear at such hearing may do so in person, by Attorney, or other representative. Communications in writing in relation thereto may be filed with the Board or at such hearing. John Finn, Chairman Zoning Board of Appeals (Note: Proof of Publication has been placed on file for the record.) I PUBLIC HEARING # 1 1 Emmanuel Pothos. Applicant/Reputed Owner - 3872 US Route 11 - TM #87.00-05-05.000 - Area Variance - Sian Heiaht & Area Greater Than Allowed (Zoned Businessl Planning/Zoning Officer Bruce Weber advised the Board that the applicant had requested that his application be postponed because the information contained in the Cortland County Planning Department's report was not accurate; therefore, Mr. Pothos would like to have the information revised by Dan Dineen, County Planning Director, to reflect the County's true position regarding this application. Without holding the public hearing, a motion was made by Member Joanne Aloi to postpone this area variance request until the next meeting of this Board, as requested by the Appellant. The motion was seconded by Member Tom Bilodeau, with the vote recorded as follows: Page 1 of 3 19 AUG 222010 Minutes - Public Hearings - (T) Cortlandville Zoning Board of Appeals 2018 Ayes: Chairman Finn Nays: None Member Bilodeau Member Aloi Abstain: Member Plew Member Potter-Masler Motion passed. This becomes Action #13 of 2018. I PUBLIC HEARING #2 1 31 July Emmanuel Pothos. Avolicant/Revuted Owner - Weaver Road - TM #87.00-05-11.000 - Area Variance - Sian Height & Area Greater Than Allowed (Zoned Aariculturej PZO Weber advised the Board that the applicant had requested that this application also be postponed because the information contained in the Cortland County Planning Department's report was not accurate; therefore, Mr. Pothos would like to have the information revised by Dan Dineen, County Planning Director, to reflect the County's true position regarding this application. PZO Weber also advised that the applicant has requested the Town Board to change the zoning of this parcel from Agriculture to Business. Without holding the public hearing, a motion was made by Member Joanne Aloi to postpone this area variance request until the next meeting of this Board, as requested by the Appellant. The motion was seconded by Member Tom Bilodeau, with the vote recorded as follows: Ayes: Chairman Finn Nays: None �. Member Bilodeau Member Aloi Abstain: Member Plew Member Potter-Masler Motion passed. This becomes Action # 14 of 2018. APPROVAL OF MINUTES — 26 .TUNE 2018 A motion was made by Member Bernice Potter-Masler to approve the ZBA Minutes of 26 June 2018, as submitted. The motion was seconded by Member Aloi, with the vote recorded as follows: Ayes: Chairman Finn Nays: None Member Bilodeau Member Aloi Member Potter-Masler Abstain: Member Plew Motion passed. This becomes Action # 15 of 2018. Page 2 of 3 91 AUG 2 2 2018 Minutes - Public Hearings - (T) Cortlandville Zoning Board of Appeals 31 July 2018 ADJOURNMENT At 6:45 p.m., on a motion by Member Tom Bilodeau, seconded by Member Aloi, with everyone present voting in the affirmative, the meeting was adjourned. t .J E. Fitch, Board Secretary Page 3 of 3 Emailed to KRP, Bd. Members, JBF, BW, DD, DC, KM on 8/20/18. (Rev. 8/22) O C T 1 9 2018 TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS 1 Public Hearings/ Meeting Minutes - Tuesday, 28 August 2018 - 6 PM Town Hall Court Room - 3577 Terrace Road - Cortland, NY Board Members (*absent) Others Present John Finn, Chairman Bruce Weber, Planning/Zoning Officer David Plew Joan E. Fitch, Board Secretary Thomas Bilodeau John B. Folmer, Town Attorney Joanne Aloi Bernice Potter-Masler Avvlicants & Public Present Emmanuel Pothos, Applicant & his Attorney William J. Pomeroy; Gina Sikora, request for Interpretation. The Public Hearings were opened at 6 p.m. by Chairman John Finn, who read aloud the Legal Notice as published in the Cortland Standard on 16 August 2018, as follows: NOTICE IS HEREBY GIVEN that a public hearing before the Zoning Board of Appeals of the Town of Cortlandville will be held Tuesday, August 28, 2018 at 6 p.m. at the Raymond G. Thorpe Municipal Building, 3577 Terrace Road, in the Town of Cortlandville, New York, to consider the following applications pursuant to the 1986 Zoning Law: 1. In the matter of the application of Emmanuel Pothos, for property located at 3872 Route 11, Tax Map No. 87.00-05-05.000, for a variance in the terms and conditions of Article XVIII Section 178-112 B 4, to allow for an off -premise sign with a height and area greater than allowed. 2. In the matter of the application of Emmanuel Pothos, for property located on Weaver Road, Tax Map No. 87.00-05-11.000, for a variance in the terms and conditions of Article XVIII, Section 178-112 B 4, to allow for an off -premise sign with a height and area greater than allowed. 3. Interpretation request of Gina Gammage-Sikora & Robert Sikora. The above applications are open to inspection at the office of Bruce A. Weber, Planning & Zoning Officer, Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, call (607) 756-7052 or (607) 423-7490. Persons wishing to appear at such hearing may do so in person, by Attorney, or other representative. Communications in writing in relation thereto may be filed with the Board or at such hearing. John Finn, Chairman Zoning Board of Appeals (Note: Proof of Publication has been placed on file for the record.) I PUBLIC HEARING # 1 1 Emmanuel Pothos. Avvlicant/Revuted Owner - 3872 US Route 11 - TM #87.00-05-05.000 - Area Variance - Sign Height & Area Greater Than Allowed (Zoned Business) AND Weaver Road - TM #87.00-05-11.000 - Area Variance - Sign Height & Area Greater Than Allowed (Zoned Agriculturej Chairman John Finn announced that they were re -convening last month's public hearing regarding this request. Reference is made to the 31 July 2018 Minutes of this Board. Chairman Finn then recognized the appellant's attorney, William Pomeroy who explained that the applicant wanted to construct three V-shaped billboards on his two properties in the Town to be viewed by I-81 motorists traveling both north and south on the highway. Because of the Page 1 of 4 -AP, 0C 11 9 2U18 �3 Minutes - Public Hearings - (T) Cortlandville Zoning Board of Appeals 28 August 2018 proposed location of the billboards, they are subject to Federal Highway Beautification Act of 1959, as well as the Cortland County Planning Board; they are in receipt of preliminary approval of the NYSDOT and a positive recommendation from County Planning, copies of which have been placed on file for the record. Attorney Pomeroy went on to say that he believes there is a typographical error in the Town's Ordinance; he showed the error (in Article XVIII, Section 178-111, C) to Board members and PZO Weber. He asked that his client be allowed to erect these billboards "in accordance with the regulations of the DOT and not to impose the Town's height restrictions." Emmanuel Pothos, applicant, explained the signage proposed. Attorney Pomeroy was of the opinion that the DOT should regulate signs that falls within its jurisdiction. PZO Weber advised the Board of the proper procedures to arrive at their decision regarding the requested variance. At the Chair's request, PZO Weber read aloud the questions on Part II of the Full Environmental Assessment Form and recorded their responses on said form of which a copy has been placed on file for the record. Upon completion of the FEAF, a motion was made by Member Plew that based on the information and analysis of the SEQR concerning these applications for an Area Variance, the information provided by the applicant and the Cortland County Planning Board, the Town of Cortlandville Zoning Board of Appeals has determined, after completion of a Full Environmental Assessment, that the proposed actions will not produce any significant adverse environmental impact, resulting in a Negative Declaration. Chairman Finn asked if there was anyone present who wished to comment on this variance request, and there was no one. With everyone who wished to be heard having been heard, Chairman Finn closed the Public Hearing at 6:23 p.m. DISCUSSION/DECISION After a brief discussion, PZO Weber proceeded with the required questions (balancing test) for an area variance; the responses given by the ZBA members, were as follows: 1. Would there be an undesirable chanize in neighborhood character or a detriment to nearbv properties? Finding: No. All Board members present agreed. 2. Can the benefit sought by applicant be achieved by feasible alternative to the variance? Finding: No. All Board members present agreed. 3. Is the requested variance substantial? Finding: No, based on the NYSDOT regulations. All Board Members present agreed. 4. Would the variance have an adverse impact on the physical or environmental conditions in the neighborhood? Finding: No. All Board members present agreed. 5. Has the alleized difficultv been self-created? Finding: No. All Board members present agreed. }) At the conclusion of the test, a motion was made by Member David Plew to grant the area variance based on this Board's findings, for TM #87.00-05-05.000, as requested. The motion was seconded by Member Aloi, with the vote recorded as follows: Page 2 of 4 OCT 1 9 2010 Minutes - Public Hearings - (T) Cortlandville Zoning Board of Appeals 28 August 2018 Ayes: Chairman Finn Nays: None Member Plew - Member Bilodeau Member Aloi Member Potter-Masler Motion passed. This becomes Action #17 of 2018. A motion was then made by Member Aloi to grant the area variance based on this Board's findings, for TM #87.00-05-11.000, as requested. The motion was seconded by Member Potter-Masler, with the vote recorded as follows: Ayes: Chairman Finn Nays: None Member Plew Member Bilodeau Member Aloi Member Potter-Masler Motion passed. This becomes Action #18 of 2018. I PUBLIC HEARING #2 1 Gina Gammage-Sikora & Robert Sikora. Applicants/John Sikora. Reputed Owner - 1010 McLean Road - TM #96.09-02-25.000 - Interpretation of PZO Weber - PZO Weber advised the Board that the applicant had requested an interpretation of his decision. Mrs. Sikora had requested to establish an artist's gallery at this location where works of artists not residing at the residence are displayed for sale; she considered this a "garage sale." PZO Weber's interpretation is that this would be a retail business and, upon visiting her website, sikoraarts.com, it became clear it was not a garage sale. PZO Weber, in his undated statement provided to Board members, added that "at the same time that Ms. Sikora is requesting this interpretation, she is applying to the Planning Board for a Conditional Permit for a home occupation as an artist studio. Chairman Finn then recognized Mrs. Sikora who presented her lengthy statement dated 31 July 2018, a copy of which has been placed on file for the record. PZO Weber advised the Board that what they are considering is should an art gallery that sells pieces of art from various artists to the public be considered the same as a garage sale? His interpretation was that "it is not;" they are two different things. A garage sale is typically the sale of used goods; typically, the sale of someone's art is not the sale of used goods, he said. Mrs. Sikora explained that the proposed gallery would be called "Sikora Art Gallery" and it would open "three hours per month from 5 p.m. to 8 p.m. only." In response to Member Aloi's question, PZO Weber advised that "we are not talking about a specific location; this would be Town -wide in any zoning district." He also stated that the applicants can also apply for a variance. They have also applied to the Town Board to change the language within the Zoning Ordinance to allow the art gallery. Also, as stated above, their son John is applying to the Town Planning Board for a Conditional Permit to operate a home occupation for an art studio; he would be able to sell his wares from there because it's a "home occupation" and it's his art studio. At the 7conclusion of this very lengthy discussion, a motion was made by Member Plew that the Zoning Board of Appeals considers the artist gallery the same as a garage sale. No second was obtained. Motion died. Page 3 of 4 aaq 4�CT 19 2018 Minutes = Public Hearings - (T) Cortlandville Zoning Board of Appeals 28 August 2018 A motion was then made by Member Aloi that the Town of Cortlandville Zoning Board of Appeals supports the interpretation of the Planning/Zoning Officer in that what is being proposed is a retail business. The motion was seconded by Member Bilodeau, with the vote recorded as follows: Ayes: Chairman Finn Nays: Member Plew Member Bilodeau Member Aloi Member Potter-Masler Motion passed. This becomes Action # 19 .of 2018. PZO Weber explained the available avenues to Mrs. Sikora: apply for a variance or through changing the Zoning Ordinance. He also stated he had explained the criteria to prove a "hardship" to her. PZO Weber said he had-, in consult with Town Attorney Folmer, previously advised Mrs. Sikora to speak with legal counsel. Attorney Folmer, at this time, also explained that there was nothing this Board could do to alter any of those conditions already set forth by the State statute. Mrs. Sikora vehemently continued her argument and was not happy with the outcome. APPROVAL OF MINUTES — 31 JULY 2018 A motion was made by Member Bilodeau to approve the ZBA Minutes of 31 July 2018, as submitted. The motion was seconded by Member Aloi, with -the vote=recorded as follows: Ayes: Chairman Finn Nays: None Member Ple.w Member Bilodeau Member Aloi -Member Potter-Masler Motion passed. This becomes Action .#20 of 2018. ADJOURNMENT At 7:15 p.m., on a motion by Member Aloi, seconded by Member Potter-Masler, with everyone present voting in the affirmative, the meeting was adjourned. r J E. Fitch, Board Secretary Emailed to KRP, Bd. Members, JBF, BW, DD, DC,.KM on 10/ 19/ 18. i Page 4 of 4 ron FED 2,0 2019 ATTENDANCE SHEET (T) CoRTLANDviLLE ZONING BD. OF APPEALS MEETING OF��R - /9 (Your attendance is recorded in the meeting Minutes.) Name: ZONING Regarding: (0 9,ea- 0 Complete Address: Af A dxvoc APPEALS Meeting Only 9 OCT 2 9 20+8 TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS \' Public Hearings/Meeting Minutes - Tuesday, 25 September 2018 - 5:45 PM Town Hall Court Room - 3577 Terrace Road - Cortland, NY Board Members (*absent) Others Present John Finn, Chairman Bruce Weber, Planning/Zoning Officer David Plew Joan E. Fitch, Board Secretary Thomas Bilodeau John B. Folmer, Town Attorney Joanne Aloi Bernice Potter-Masler Avolicants & Public Present Kolby Avery, Applicant; Barbara Peterson & William Main, Applicants; Ed Wilson, Applicant; Gary Sloan for Squeaky Clean Car Wash, Applicant; Scott Steve, Applicant. The Public Hearings were opened at 5:45 p.m. by Chairman John Finn, who read aloud the Legal Notice as published in the Cortland Standard on 13 September 2018, 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 25, 2018 at 5:45 p.m. at the Raymond G. Thorpe Municipal Building, 3577 Terrace Road, in the Town of Cortlandville, New York, to consider the following applications pursuant to the 1986 Zoning"Law: 1. In the matter of the application of Kolby Avery, for property located at 3618 Munson Avenue, Tax Map No. 96.09-02-34.000, for a variance in the terms and conditions of Section 178-21, to allow for a Manufactured Home with side & rear yards less than allowed. 2. In the matter of the application of Barbara Peterson & William Main, for property located at 4118 McGraw -North Road, Tax Map No. 88.11-01-08.000, for a variance in the terms and conditions of Section 178-13, to allow for an Accessory Building with side & rear yards less than allowed & lot coverage greater than allowed. 3. In the matter of the application of Ed Wilson (Walmart), for property located at 819 Bennie Road, Tax Map No. 105.00-02-07.000, for a variance in the terms and conditions of Section 178-112, Table 1, to allow for a greater number of building -mounted signs than allowed with illumination. 4. In the matter of the application of Squeaky Clean Car Wash, for property located at 1081 NYS Route 222, Tax Map No. 86.13-01-30.000, for a variance in the terms and conditions of Section 178-I1 B, to allow for a free-standing sign closer to property line than allowed. 5. In the matter of the application of Joe Reagan & Scott Steve, for property located at 3901 NYS Route 281, Tax Map No. 86.17-01-02.111, for a variance in the terms and conditions of Section 178-13, Table 2 & 111B, to allow for a greater number of free-standing signs closer to property line than allowed and with a height greater than allowed. The above applications are open to inspection at the office of Bruce A. Weber, Planning & Zoning Officer, Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, call (607) 756-7052 or (607) 423-7490. Persons wishing to appear at such hearing may do so in person, by Attorney, or other representative. Communications in writing in relation thereto may be filed with the Board or at such hearing. John Finn, Chairman Zoning Board of Appeals (Note: Proof of Publication has been placed on file for the record.) Page 1 of 6 OCT 2 9 2018 Minutes - Public Hearings - (T) Cortlandville Zoning Board of Appeals 25 September 2018 �) PUBLIC HEARING # 1 Kolbv W. Averv. Applicant/Reputed Owner - 3618 Munson Avenue - TM #96.09-02-34.000 - Use Variance - Manufactured Home in R-2 District Chairman Finn then recognized the applicant who explained that he was seeking a variance to place a manufactured home in an R-2 (Residential) District. The property contains a vacant, dilapidated single-family residence with an accessory garage, which he purchased at a tax auction. His original intent was to refurbish the house/property into livable condition, but after commencing the cleanout, he discovered it was in such bad condition that he would have to completely replace the existing home, which had a badly damaged foundation, with a single- or double -wide manufactured home. He would also remove some trees. He included sketches with both sizes of homes shown on the lot. The double -wide is preferred, but if not approved, would like single -wide manufactured home. PZO Weber added that the applicant would also need a variance for a side -yard setback if a double -wide home was approved. Chairman Finn asked if there was anyone present who wished to comment on this variance request, and there was no one. With everyone who wished to be heard having been heard, Chairman Finn closed the Public Hearing at 5:58 p.m. DISCUSSION/DECISION Member Plew stated that he preferred the double -wide and would not "go along with a single." As requested by Chairman Finn, Member Joanne Aloi proceeded with the required questions (balancing test) for a use variance; the responses given by the ZBA members, were as follows: 1. Has the applicant demonstrated that the applicant cannot realize a reasonable return and that the lack of return is substantial and has been demonstrated by competent financial evidence? Finding: Board thought there was certainly evidence of a hardship. All Board members present agreed, with the exception of Member Plew. (Four yes; one no.) 2. Has the applicant demonstrated that the alleged hardship relating to the property in question is unique and does not apply to a substantial portion of the district or neighborhood.? Finding: Yes, it is unique. All Board members present agreed. 3. Has the applicant demonstrated that the reauested use variance. if granted. will not alter the essential character of the neighborhood.? Finding: Yes, it will alter it, but in a positive way. All Board Members present agreed, except Member Plew who stated only if a double -wide was there. (Four yes; one no.) 4. Has the applicant demonstrated that the alleged hardship has not been self- created? Finding: Yes. All Board members present agreed. Page 2 of 6 a1 OCT 2 9 2018 Minutes - Public Hearings - (T) Cortlandville Zoning Board of Appeals 25 September 2018 At the conclusion of the test, a motion was made by Member Bernice Potter-Masler to grant the use variance for a double -wide manufactured home, as submitted.. The motion was seconded by Member Aloi, with the vote recorded as follows: Ayes: Chairman Finn Nays: None Member Plew Member Bilodeau Member Aloi Member Potter-Masler Motion passed. This becomes Action #21 of 2018. PUBLIC HEARING #2 Barbara Peterson & William Main. Annlicants/Reouted Owners - 4118 McGraw -North Road - TM #88.11-01-08.000 - Area Variance for Setbacks & Lot Coverage Chairman Finn recognized the applicants who explained that they would like to construct a two - car garage on this parcel for their son's use, as explained in the narrative accompanying the application. The existing garage is too small/ short for storing his boat. They explained that both of their neighbors also have existing buildings behind their houses, and "this would be keeping in line with these." Member Aloi reported she had visited the property and observed the stakes in the ground that indicated where the proposed garage would be constructed. Chairman Finn asked if there was anyone present who wished to comment on this variance request, and there was no one. With everyone who wished to be heard having been heard, Chairman Finn closed the Public Hearing at 6:11 p.m. DISCUSSION/DECISION With no further discussion, a motion was then made by Member Plew to grant the area variance for the accessory building with side and rear yards less than allowed, and lot coverage greater than allowed, as requested. The motion was seconded by Member Tom Bilodeau, with the vote recorded as follows: Ayes: Chairman Finn Nays: None Member Plew Member Bilodeau Member Aloi Member Potter-Masler Motion passed. This becomes Action #22 of 2018. Page 3 of 6 a4 OCT 2 9 2010 Minutes - Public Hearings - (T) Cortlandville Zoning Board of Appeals 25 September 2018 CPUBLIC HEARING #3 Ed Wilson. Avolicant/Walmart Stores, Inc.. Reputed Owner - 819 Bennie Road - TM #105.00-02-07.000 - Area Variance for Sianaae Chairman Finn recognized the applicant who explained that owner, Walmart Stores, was seeking a variance to add a non -illuminated sign, and one illuminated sign, both building -mounted, as explained and shown in the documents accompanying the application. Chairman Finn asked if there was anyone present who wished to comment on this variance request, and there was no one. With everyone who wished to be heard having been heard, Chairman Finn closed the Public Hearing at 6:20 p.m. DISCUSSION/DECISION With no further discussion, a motion was then made by Member Plew to grant the variance for a greater number of building -mounted signs than allowed, with illumination, as requested. The motion was seconded by Member Aloi, with the vote recorded as follows: Ayes: Chairman Finn Nays: None Member Plew Member Bilodeau Member Aloi Member Potter-Masler Motion passed. This becomes Action #23 of 2018. I PUBLIC HEARING #4 1 Squeakv Clean Car Wash. Avvlicant/Mv Rvan. LLC. Reouted Owner - 1081 NYS Route 222 - TM #86.13-01-30.000 - Area Variance for Sian Too Close to Proverty Line Chairman Finn recognized Gary Sloan, representing -the applicant who was seeking a variance to re -install their existing "main" sign that had to be moved as a result of the NYSDOT's widening of the highways at this intersection with NYS Route 281, as explained in the 6 September 2018 narrative accompanying the application. The new car wash property lines have been moved back, and if the sign was placed at the proper setback from this new line, it would fall within the middle of the car wash lot where cars queue up for the wash stalls. The subject sign is the one that existed before the taking, but it would be mounted on a new concrete base, as shown on the sketch accompanying the application. The proposed location would be closer to the property line than allowed; the height is "grandfathered in." Chairman Finn asked if there was anyone present who wished to comment on this variance request, and there was no one. With everyone who wished to be heard having been heard, Chairman Finn closed the Public Hearing at 6:25 p.m. Page 4 of 6 EE OCT 2 9 2018 Minutes - Public Hearings - (T) Cortlandville Zoning Board of Appeals 25 September 2018 DISCUSSION/DECISION With no further discussion, a motion was then made by Member Aloi to grant the variance for a free-standing sign closer to the property line than allowed, as requested. The motion was seconded by Member Potter-Masler, with the vote recorded as follows: Ayes: Chairman Finn Nays: None Member Plew Member Bilodeau Member Aloi Member Potter-Masler Motion passed. This becomes Action #24 of 2018. PUBLIC HEARING #5 Joe Reagan .& Scott Steve. Avvlicants/3901 NYS Route 281. LLC. Renuted Owner - 3901 NUS Route 281 - TM - Variance for Signage :F&- (I - o I-O'o1. (i I Chairman Finn recognized Scott Steve, representing the owner, was seeking a variance. to allow for a greater number of free-standing signs closer to property line than allowed and with a height greater than allowed, all as explained and shown in the documents accompanying the application. The signage involves sales of two makes of vehicles, Nissan and Subaru, with each one having specific requirements for their signage. PZO Weber advised that it didn't matter about the individual manufacturers, "you're looking at the site and what they are asking for total signage." The size of the sign and the illumination of the building -mounted signs, and the r number of building -mounted signs are what are at issue, he said. Chairman Finn asked if there was anyone present who wished to comment on this variance request, and there was no one. With everyone who wished to be heard having been heard, Chairman Finn closed the Public Hearing at 6:40 p.m. DISCUSSION/DECISION Chairman Finn stated he visited the site(s) and they appeared to be like two separate businesses. The Board members discussed all the parameters, neighboring dealership signs, and reviewed the signage chart appearing in the Signage Proposal narrative accompanying the application. At the conclusion of a lengthy discussion, a motion was made by Member Aloi to grant the variance for the signage, as requested. The motion was seconded by Member Bilodeau, with the vote recorded as follows: Ayes: Chairman Finn Nays: None Member Plew Member Bilodeau Member Aloi Member Potter-Masler Motion passed. This becomes Action #25 of 2018. Page 5 of 6 36 OCT 2 9 2010 31 Minutes - Public Hearings - (T) Cortlandville Zoning Board of Appeals 25 September 20iS ADJOURNMENT At 7 p.m., on a motion by Member Bilodeau, seconded by Member Aloi, with everyone present voting in the affirmative, the meeting was adjourned. Y- J E. Fitch, Board Secretary Emailed to KRP, Bd. Members, JBF, BW, DD, DC, KM on 10/27/18. Page 6 of 6 316t-- . FEB 2 0 2019 ATTENDANCE SHEET (`T) :CORTLAN_D_VILLE �ZO.NING, BD: OF APPEALS MEED of _ 5 (Your dttendance is recorded in the meeting Minutes.) El> Name: 6) lGUtAA HA i4l V1 I&A P. L",Sor i,v A -If .�i71 � A�� _I t�-S ►w ev- Regarding: Complete Address: 12,;-U c P" 'G?O x -a a N c)q5 rOv0.600 Ova. E:�U. �tii� /,,P,CAv RoGc1 Cho- C l /146 Cd- NOV 192010 -� TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS i Public Hearing/Meeting Minutes - Tuesday, 30 October 2018 - 6:45 PM Town Hall Court Room - 3577 Terrace Road - Cortland, NY Board Members (*absent) John Finn, Chairman David Plew Thomas Bilodeau Joanne Aloi Bernice Potter-Masler Applicants & Public Present None. Others Present Bruce Weber, Planning/Zoning Officer Joan E. Fitch, Board Secretary John B. Folmer, Town Attorney The Public Hearing was opened at 6:49 p.m. by Chairman John Finn, who read aloud the Legal Notice as published in the Cortland Standard on 17 October 2018, as follows: NOTICE IS HEREBY GIVEN that a public hearing before the Zoning Board of Appeals of the Town of Cortlandville will be held Tuesday, October 30, 2018 at 6:45 p.m. at the Raymond G. Thorpe Municipal Building, 3577 Terrace Road, in the Town of Cortlandville, New York, to consider the following application pursuant to the 1986 Zoning Law: 1. In the matter of the application of Steven Wyant, for property located at 2958 South Hill Road, Tax Map No. 108.00-02-14.100, for a variance in the terms and conditions of Section 178-11, to allow for a Storage Building. The above application is open to inspection at the office of Bruce A. Weber, Planning & Zoning Officer, Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, call (607) 756-7052 or (607) 423-7490. Persons wishing to appear at such hearing may do so in person, by Attorney, or other representative. Communications in writing in relation thereto may be filed with the Board or at such hearing. John Finn, Chairman Zoning Board of Appeals (Note: Proof of Publication has been placed on file for the record.) PUBLIC HEARING Steven Wvant. Applicant/ Reputed Owner - 2958 South Hill Road - TM #108.00-02-14.100 - Use Variance - Storaze Building Chairman John Finn acknowledged that neither the applicant nor a representative was present to explain to the Board the circumstances of this appeal or to answer any questions. However, he explained to everyone that the applicant was seeking a use variance to erect an outbuilding on this parcel without there being a primary building. Member David Plew stated he saw no problem with this appeal at all. Member Tom Bilodeau said there was no indication in the paperwork whether or not a house would be constructed here in the immediate future. Member Joanne Aloi commented that they could not determine this without the applicant being present. PZO Weber advised that he had asked Mr. Wyant about building a house on this 31t -acre parcel, and Mr. Wyant stated he had no plans to do that at the present time. Member Bilodeau commented that it appeared that Mr. Wyant was going to install a septic system and a well. Town Attorney John Folmer explained the criteria for a Use Variance and felt that going through the process without the appellant present would be wrong. Member Aloi - stated she thought Mr. Wyant, or a representative, should be present to answer the Board's questions. ' Page 1 of 2 3� NOV 19 �Uld Minutes - Public Hearing - (T) Cortlandville Zoning Board of Appeals 30 October 2018 As there was no one present from the public to commenton this variance request, Chairman Finn closed the Public Hearing at 6:55 p.m. With no further discussion, a motion was made by Member Bilodeau to postpone consideration of this Use Variance until the next scheduled meeting to allow for the applicant/ representative to be present. The motion was seconded by Member Aloi, with the vote recorded as follows: Ayes: Chairman Finn Nays: None Member Plew Member Bilodeau Member Aloi Member Potter-Masler Motion passed. This becomes Action #26.of 2018. APPROVAL OF MINUTES — 28 AUGUST & 25 SEPTEMBER 2018 A motion was made by Member Bernice Potter-Masler to approve the Minutes of this Board's 28 August and 25 September 2018 meetings, as submitted. The motion was seconded by Member Aloi, with the vote recorded as follows: Ayes: Chairman Finn Nays: None Member Plew Member Bilodeau Member Aloi Member Potter-Masler Motion passed. This becomes Action 027 of 2018. ADJOURNMENT At 7 p.m., on a motion by Member Bilodeau, seconded by Member Potter-Masler, with everyone present voting in the affirmative, the meeting was adjourned. J E. Fitch, Board Secretary Page 2 of 2 Emailed to KRP, Bd. Members, JBF, BW, DD, DC, KM on 11/18/18. 33