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Home My WebLink About2015INDEX OF ACTIONS - 2014 (T)CORTLANDVILLE ZONING BOARD OF APPEALS VIEETING - - - _ - - - -- - - - - - - PAGE DATE ACTION NO. DESCRIPTION NO. 1/27/15" 1 CANNON POOLS, APPLICANT/CLIFFORD MALZMAN, REPUTED OWNER - 807 NYS Rte. 13 - TM #105.08-01-04.000 - Variance GRANTED to allow for a sign 01 with a height greater than allowed and closer to property lines than allowed, as requested. 2 APPROVED MINUTES OF 12/30/14 ZBA MEETING/HEARING, as submitted. WA r Joa itch, Board Secreary Emailed copy to: Karen/Kris, TB, JF, TA, JBF, DD, BW, TW & DC on 1/28/15. JEF INDEX OF ACTIONS - 201:5 (T)CORTLANDVILLE ZONING BOARD OF APPEALS ,VIEETINGI PAGE DATE -ACTION NO. DESCRIPTION NO. 4/28%1.5. 3 -JAMESON-DeIVECCHIO, APPLICANT/LOIS H. SMITH, REPUTED .OWNER -. 3882 Highland Road= TM #85.19-01-09.000 - Motion made to POSTPONE appeal until. next meeting.: Vote: No; unanimous. Not carried. 4 JAMESON DeIVECCHIO, APPLICANT/LOIS H. SMITH, REPUTED OWNER - 3882 Highland Road - TM #85.19-01-09.000 - Variance GRANTED for the ceation - of two lots with an area less than required, as requested. 5 EMPIRE TRACTOR, INC.- APPLICANT/EMPIRE TRACTOR REAL ESTATE CORTLAND, LLC, .REPUTED OWNER - 638 NYS Route 13 -.TM #105.00-01- -48:100 - Variance GRANTED- to. allow for a greater number of building -mounted signs and signs to bbe illuminated, as requested, with the illumination to be turned off by 1 O PM. 6 JAMES J. O-MARA, APPLICANT/REPUTED OWNER - 726 Cedar Crest Drive - TM #95.11-02748.000 - Variance GRANTED for setback of 40 feet.: 7 APPROVED MINUTES OF 1/27/15 ZBA MEETING/HEARING, as submitted. � s Joa it h, Boa�d'Secret�ary Emailed copy to: Karen/Kris, TB, JF, TA, JBF, DD, BW, TW & DC on 4/29/15. JEF INDEX OF ACTIONS - 201.5 (T)CORTLANDVILLE ZONING BOARD OF APPEALS MEETING 1 PAGE DATE I ACTION NO. DESCRIPTION I NO. 5/26/15 8 GARY LYON, APPLICANT/REPUTED OWNER - Starr Road - TM #96.11-01- 01.112 - Use Variance GRANTED for a storage barn, as requested, incorporating Items 1 thru 6 of the Cortland County Planning Board's Resolution No. 15-9 of 20 May 2015. 9 - ELAINE JACKSON, APPLICANTMUDY JACKSON, REPUTED OWNER - 3362 Gunzen Drive - TM #95.18-01-39.000 - Area Variance GRANTED to allow for a pool with a side yard less than allowed, as requested. 10 JASON ARNOLD, APPLICANT/REPUTED OWNER - 4384 Meadow Lane - TM #76.14-01-44.000 - Area Variance GRANTED to allow for a pool deck with _a front yard less than allowed, as requested. 11 SUNDAY EARLE, APPLICANT/SHAWN & -SUNDAY EARLE, REPUTED OWNERS - 3986 Woodside Road - TM #85.16-01-16.000 - Variance GRANTED to allow storage of snowmobile trailer on side yard from. December 1st. thru March 3 31st only; storage of trailer must conform to regulations the remainder of the year. 12 GLENN ANDERSON, APPLICANT/REPUTED OWNER - 4444 Locust Avenue - - TM #77.00-02-04.100 - Variance GRANTED to allow for an accessory structure over 200 SF to be used as part of a home occupation, and for said structure to ` have a maximum height of 26 feet with a setback a distance of 100 feet, if feasible, from the northern property line. 13 APPROVED MINUTES OF 4/28/15 ZBA MEETING/HEARINGS; as submitted. w__ fes_ -- Joa itch, Board Secretary Emailed copy to: -Karen/Kris, TB, JF, TA, JBF, DD, BW, TW & DC on 5/27/15. JEF INDEX OF ACTIONS - 2015 (T)CORTLANDVILLE ZONING BOARD OF APPEALS r,VIEETING PAGE DATE :ACTION NO. DESCRIPTION I NO. 6/30/15 14 WAYNE MINIHKEIM, APPLICANT/CORTLAND REGIONAL MEDICAL CENTER; REPUTED OWNER - 4005 West Road (NYS Route 281) - TM #86.13-01-16.000 - g Variance GRANTED for illumination of building -mounted sign, as requested, with illumination to be turned off after 10 p.m. 15 GARY LYON, APPLICANT/REPUTED OWNER Starr Road -- TM #96.11-01- 01.112 - Variance GRANTED for a storage barn with a height not to exceed 20 g feet. 16 JOHN & ROXANNA LLOYD, APPLICANT/REPUTED OWNERS - 3915 Highland Road - TM _#85.15-01=19.000 - Variance GRANTED as requested, with an 19 extension of one year for applying for a Building Permit. 17 JOHN .KING, APPLICANT/CHAD & CASSANDRA COTTERILL, REPUTED OWNERS - Behind 4038 Westmore Lane - TM, #86.09-01-21.000 - Variance ZO GRANTED to allow for a solar arry on a vacant parcel, as requested. 18 APPROVED MINUTES OF 5/26/15 ZBA MEETING/HEARINGS, as submitted. 21 Joa .it h, Boar&Secrefiary Emailed copy to: Karen/Kris, TB, JF, TA, JBF, DD, BW, TW & DC on 7/01/15. JEF INDEX OF ACTIONS - 2015 (T)CORTLANDVILLE ZONING BOARD OF APPEALS J IIIEETING 1 ' PAGE \\ DATE . I ACTION NO.. DESCRIPTION NO. 7/28/15 19- JOHN DeROUCHEY of Halco Energy, APPLICANT/JAMES CLARK, REPUTED OWNER - East River Road - TM #77.00-11-05.000 - Variance GRANTED -for solar Z3 array, as requested. 20 POMEROY, ARMSTRONG, CASULLO & MONTY, .LLP, APPLICANT/WALDEN OAKS COUNTRY: CLUB, INC., REPUTED OWNER - Walden Pond. Lane (Lots 143"& 144) - Part of TM #96.00-06-02.100 - Variance GRANTED to allow for a Z-3 front and rear yard less than allowed, as requested. 21 PHILLIP ZERRILLO, APPLICANT/RANDY WOOD, REPUTED OWNER - 3957 US Route 11 - TM #87.13-01-41.100 -.Variance DENIED to allow for a conversion of a single-family to a multi -family and an open BBQ food establishment. 22 APPROVED MINUTES OF 6/30/15 ZBA MEETING/HEARINGS, as submitted. z5 }- e- Joa ;!Gcfi,_B'o'ca_�Secreefary - Emailed copy to: Karen/Kris, TB, JF, TA, JBF, DD, BW, TW & DC on 7/29/15. JEF INDEX OF ACTIONS - 2015 (T)CORTLANDVILLE ZONING BOARD OF APPEALS IEETING PAGE DATE JACTIONNO. DESCRIPTION NO. 8/25/15 23 JOHN E. STILES, APPLICANT/MRS. ZATTOSKY, REPUTED OWNER - 3589 Parti Drive - TM #96.10-01-32.000 - Area variance GRANTED for front yard less 27 than allowed, as requested. 24 LEAMON EATON, APPLICANT/LEAMON & DORENE EATON, REPUTED OWNERS - 1596 Oakcrest Street - TM #96.36-01-07.000 - Area variance 7-7 GRANTED,for a front yard less than allowed, as requested. 25 JOHN M. FINAMORE, APPLICANT/FINAMORE PROPERTIES, LLC, REPUTED OWNER - 3892 Highland Road - TM #85.19-01-08.000 - Variance GRANTED to Z8 allow for lots with an area less than allowed, as requested. Ir Joa ;-ific�fi,-Board'Sie'Er-etary Emailed copy to: Karen/Kris, TB, JF, TA, JBF, DD„ BW, TW & DC on 8/26/15. JEF .INDEX OF ACTIONS - 2015 (T)CORTLANDVILLE ZONING BOARD OF APPEALS MEETING I PAGE DATE I ACTION NO. DESCRIPTION NO. 9/29/15 26 GARAGE ON DELAWARE, LLC, APPLICANT/REPUTED OWNER - 3676 Delaware Avenue - TM #96.06-02-53.000 - Use Variance request to convert31 residential garage into a business use DENIED. 27 PAUL STUPKE, SR., APPLICANT/REPUTED OWNER - 749 Stupke Road - TM #95.15-03-08.000.- Use Variance GRANTED, as requested, incorporating Items 1 thru 12 of the Cortland County Planning Board's Resolution No. 15-20 of 9/16/15, with Item 9 limiting the number of vehicles to five; Item 10 limiting the hours of 32 - operation Zoperation for the auto repair business from 7 AM to 5 PM, Monday thru Friday, and 7 AM to Noon on :Saturdays; existing towing operation to operate 24/7; Item 11 limiting time period to 90 days that any vehicle without a current license and registration may be parked onsite. 28 CHARLES M. CURLEY, APPLICANT/CHARLES M. CURLEY & DEBRA A. TUCKER, REPUTED OWNERS --989 Beechwood Lane - TM #96.17-01-05 - Area 33 Variance GRANTED to allow for a single-family dwelling with a height greater than allowed,:as requested. Joa itch, Boa`rd'secretary Emailed copy to: Karen/Kris, TB, JF, TA, JBF, DD, BW,.TW & DC on 10/01/15. JEF INDEX OF ACTIONS - 2015 (T)CORTLANDVILLE ZONING BOARD OF APPEALS MEETING PAGE DATE I ACTION NO.. DESCRIPTION N.O. 10/27/15 29 LEACH PROPERTIES, LLC, APPLICANT/SUIT-KOTE CORP., REPUTED OWNER - Lorings Crossing Road - TM #s 77.00-04-11.111 & 11.112 - Use 3(0 Variance GRANTED, as requested, to allow for expansion of a junk yard, incorporating Items 1 thru 8 of Cortland County Planning Board Resolution No. 15- 30 of 21 October 2015. 30 BRIAN BUTTNER OF ADR ASSOCIATES, -APPLICANT/ART BELL, JR., REPUTED OWNER - Lot 54 Blue Creek Road - TM #76.000-07-03.000 - Use 3g Variance DENIED to allow for 2 two-family dwellings on a single lot with an area less than allowed. Joa idfi, Boa�rdS-ecc;e Laf ry Emailed copy to: Karen/Kris, TB, JF, TA, JBF, DD, BW, TW & DC on 10/30/15. JEF 0 .INDEX OF ACTIONS -'2015 (T)CORTLANDVILLE ZONING BOARD OF APPEALS MEETING PAGE DATE ACTION NO.. DESCRIPTION NO. 12/1/15 31 GUTCHESS LUMBER CO., INC:; APPLICANT/REPUTED OWNER -:3599 NYS Route 281 TM #95.12-01713:000 -,Variance, GRANTED for illumination of building -mounted sign, as requested, with illumination to be turned off after 10 PM. q 7- 32 32 BOBBIE C. FOX, APPLICANT/REPUTED OWNER - 1608 Oakcrest Street - TM #96.36-01-10.000 - Variance GRANTED to allow for a side yard less than allowed, as requested. Ll 3 33 -APPROVED ZBA PUBLIC HEARINGS/MEETING MINUTES OF 28 JULY, 25 AUGUST, 29 SEPTEMBER & 27 OCTOBER 2015, as submitted. u - l� 34 GARAGE ON DELAWARE, LLC, APPLICANT/REPUTED OWNER - 3676 Delaware Avenue - TM #96.06-02-53.000 - The (T) Cortlandville ZBA agrees to re- qq hear the Use Variance request to convert. a residential garage into a business use, as requested by Attorney Mike Shafer. I Joa n Fi h, Board Secretary Emailed copy to: Karen/Kris, TB, JF, TA, JBF, DD, BW, TW & DC on 12/1/15. JEF :INDEX OF ACTIONS -:20 is (T)CORTLANDVILLE ZONING BOARD OF APPEALS -itEETING PAGE DATE -ACTION NO. DESCRIPTION: NO. I . 12/29/1,5 35. DAVID SANFORD,:,APPLICANT/REPUTED:OWNER - 3303. US Route 11 - TM #108.00701=02.200:- Consideration of requested Use Variance to allow for a car lot :until 'as and woodworking.shop POSTPONED such. time the applicant needs to obtain necessary information. (Public Hearing held and closed.) 36. (T)C'ville ZBA goes into Executive Session to discuss pending litigation: 4- 37: (T)C'ville ZBA comes,:out of Executive Session held to "discuss: pending litigation. ... . . ... .. 14 7 38 LEACH :' PROPERTIES, LLC, APPLICANT/SUIT-KO.TE . CORP., REPUTED OWNER - Lorings Crossing Road -. TM #s- 77.00-04=11.111 & 11.112 - The i Cortlandville Town ZBA agrees.to re -open and re-examine this application to allow for the:expansion of a junkyard (see Action #29 -of 2015). . 01 MAR 1 If 21015 TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS Public Hearing/ Meeting Minutes - Tuesday, 27 January 2015 - 7 PM Town Hall Court Room - 3577 Terrace Road - Cortland, NY Board Members (*absent) David Plew, Chairman John Finn *Thomas Bilodeau Thomas Aloi Lenore LeFevre Applicants & Public Present Clifford Malzman for Cannon Pools, Applicant. Others Present Bruce Weber, Planning/Zoning Officer Joan E. Fitch, Board Secretary The Public Hearing was opened at 7 p.m. by Chairman David Plew, who read aloud the Legal Notice as published in the Cortland Standard on 16 January 2015, 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 27, 2015, 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 Cannon Pools for property located at 807 NYS Route 13, Tax Map No. 105.08-01-04.000, for a variance in the terms and conditions of Article XVIII, Section 178-111B, to allow for a sign with a height greater than allowed and closer to property lines 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, NY, or 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 Cannon Pools, Applicant/ Clifford Malzman, Reputed Owner - 807 NYS Route 13 - TM #105.08-01-04.000 - Sign Variance Chairman Plew recognized the applicant who explained that he is the owner of the subject parcel which is the new location of Cannon Pools. He was requesting a variance from both the height and the setback requirements for the proposed free-standing sign, as shown on the documentation attached to the application. The sign conforms to the required square footage, and also is allowed to be illuminated. Mr. Malzman explained that the proposed height of the sign, 12 feet (4 ft. higher than allowed), is needed in order to be visible above the 6 -foot high privacy fence surrounding the swimming pool facility, as shown. The sign would be set back ten feet from the property line of Route 13 and five feet back from the north property line. This will be the only sign for this business, he stated. Mr. Malzman stated that the business to the south of the subject is 16 feet closer to Route 13 than Cannon Pools, so it impedes the view of Cannon from northbound traffic. By allowing a Page 1 of 2 MAR '1 1 2016 Minutes - Public Hearing (T) Cortlandville Zoning Board of Appeals 27:January 2015 10 -foot setback for the sign, instead of the required 15 feet, would "alleviate this hardship"; and a 10 -foot setback from the highway ROW would align with the signage to the. north. Member Tom Aloi asked .the :owner if he did not realize this problem when he purchased. the property; Mr. Malzman commented that he thought about it. Member- Aloi then asked if it would be possible to place the sign directly on the building, and Mr. Malzman stated the architecture (A: frame -w/glass front) of the -building was not conducive to doing so. Chairman Plew-asked if there was anyone from the audience who wished to speak on this variance request; there were none. With everyone heard who wished to, be heard, Chairman Flew closed the Public Hearing at 7:12 p.m:: DISCUSSION/DECISION The Board�members present had no problem with what was being requested. With no further discussion, a motion was made by Member Aloi to grant the variance as requested: -.The motion was seconded by Member Lenore LeFevre; with the vote recorded as follows: Ayes: Chairman Plew Nays: Member Finn Member Aloi Absent: Member Bilodeau Member LeFevre Motion passed. This becomes Action #1 of 2015. APPROVAL OF MINUTES — 30 DECEMBER 2014 A motion was made by Member John Finn to approve the Minutes of the 30 December 2014 Zoning Board of Appeals meeting, as submitted. The motion was seconded by. Member LeFevre, with the vote -recorded as follows: Ayes: Chairman Plew Nays: Member Finn Member Aloi Absent: Member Bilodeau Member LeFevre Motion passed. - This becomes Action #2 'of 2015. ADJOURNMENT At 7:15 p.m., on a motion by Member Finn, seconded by -Member Aloi, with everyone present. voting in the affirmative, the meeting was adjourned. t. J E. Fitch, Board Secretary Emailed to KS/KP, Bd. Members, JBF, BW,'DD, TW & DC on 3/ 11/.15. Page 2 of 2 (D?- Page z APR 2 g 2015 a ATTENDANCE SHEET (T) CORTLANDVILLE E29�11i I QBD. xQ �rA!P 'EARLS MEETING OF /V 7-/S" (Your attendance is recorded in the meeting Minutes.) 7PR'IiN-TEI3> Name: 1 Regarding: Complete Address: pea 1 -ZNIIITG=�BD OF=YAPPEALS �M4ee-tng0nly 6�> MAY 1 9 2015 TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS Public Hearings/Meeting Minutes - Tuesday, 28 April 2015 - 6:45 PM Town Hall Court Room - 3577 Terrace Road - Cortland, NY Board Members (*absent) Others Present David Plew, Chairman Bruce Weber, Planning/Zoning Officer John Finn Joan E. Fitch, Board Secretary Thomas Bilodeau John Folmer, Town Attorney Thomas Aloi Lenore LeFevre Auulicants & Public Present Jameson DelVecchio, Applicant; Attorney John A. DelVecchio; Robert Lucas for Empire Tractor, Applicant; James O'Mara, Applicant; Lois & Richard Kearney, Joseph Ludwig, Bruce A. Smith, Rick Gysel, Tyrone Heppard. The Public Hearings were opened at 6:45 p.m. by Chairman David Plew, who read aloud the Legal Notice as published in the Cortland Standard on 16 April 2015, 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 28, 2015, 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 Jameson DelVecchio for property located at r� 3882 Highland Road, Tax Map No. 85.19-01-09.000, for a variance in the terms and conditions of Article IV, Section 178-17 A, to allow for the creation of two lots with an area less than required. 2. In the matter of the application of Empire Tractor for property located at 638 NYS Route 13, Tax Map No. 105.00-01-48.100, for a variance in the terms and conditions of Article XVIII, Section 178-112, Table 1, to allow for a greater number of building mounted signs and signs to be illuminated. 3. In the matter of the application of James O'Mara for property located at 726 Cedar Crest Dr., Tax Map No. 95.11-02-48.000, for a variance in the terms and conditions of Article IV, Section 178-17 A1, to allow for a front yard 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, NY, or 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.) Page 1 of 7 MAY 1 9 2015 Minutes - Public Hearings - (T) Cortlandville Zoning Board of Appeals 28 April 2015 I PUBLIC HEARING # 1 1 Jameson DelVecchio, Applicant/Lois H. Smith, Reputed Owner - 3882 Hiehland Road - TM #85.19-01-09.000 - Lot Sizes Smaller than Allowed Chairman Plew recognized Jameson DelVecchio and his attorney, John Ardin DelVecchio, who were appearing before the Board to request a variance to create two lots (from a 59,400 SF parcel) that would be smaller than allowed. Chairman Plew asked Attorney DelVecchio to explain the requested variance to the Board. Attorney DelVecchio stated that his client (also his brother) was currently under contract to purchase the subject property, contingent upon subdivision approval being granted by the Town. An area variance was required because lot size is a minimum of 30,000 SF and the subject lot is 59,400 SF; when divided equally, this would create two lots of 29,700 SF each, i.e., lacking 300 SF to comply with the requirements. Attorney DelVecchio commented they would like to modify the application slightly, making the southernmost parcel 30,000 SF (which conforms), and the northernmost parcel 29,400 SF. He then proceeded to make responses to each of the five questions contained in the standard "balancing test" required for granting of an area variance, as follows: 1. Will an undesirable change be produced in the character of the neighborhood or a detriment to nearby properties be created by the granting of an area variance? Response: There are several parcels surrounding the subject parcel that are less than 30,000 SF. There would be no change. 2. Can the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance? Response: Overall benefit would be that southern parcel would be in compliance, and �) the northern parcel would have the lesser square footage. Chairman Plew then asks the attorney, "Can I assume that these are one -family structures; they are not two-family structures?" Attorney DelVecchio responded that there was an existing one -family structure on the northern parcel; as far as any construction on the proposed southern parcel, that's certainly up to my brother for future construction." Chairman Plew: "Is it going to be one -family or two-family?" Attorney DelVecchio answered that his brother hadn't made that decision yet. Chairman Plew: "Before this Board can make a decision, you have to make that decision. One - family or two-family?" Attorney DelVecchio: "I think that that's a factor that this Board can consider in its determination of the application, but I don't think that the Board can require an applicant to actually disclose what the intended use for the property is going to be." Chairman Plew: "Okay, continue." 3. Is the requested area variance substantial? Response: Only asking for 600 SF less than what is allowed; that's 1%, so it's not substantial. 4. Will the proposed variance have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district? Response: Attorney DelVecchio stated he saw no environmental issue being affected. Proposed lot has everything the municipality requires: sewer, water, etc. Page 2 of 7 dq MAY 1 9 2015 Minutes - Public Hearings - (T) Cortlandville Zoning Board of Appeals 28 April 2015 5. Is the alleged difficulty self-created? This consideration shall be relevant to the decision of the board of appeals, but shall not necessarily preclude the granting of the area variance. Response: It is somewhat self-created, but the Board has to consider this in a non - dispositive fashion. Attorney DelVecchio then added that PZO Bruce Weber had made an interpretation that the measurement of the parcel is less than 60,000 SF because it's measured from the boundary line of the parcel to its rear line. That determination could be appealed as usually properties are owned "to the centerline of the road." If this was considered, then the entire parcel would contain 65,000 SF. The Board, he thought, should take this into consideration, but it is not before the Board at this meeting. Board Member Tom Aloi asked Attorney DelVecchio if there are water and sewer utilities available for the proposed lot. Attorney DelVecchio then asked his client if he had a letter affirming this, and he looked through his materials. Chairman Plew told the attorney that, "Evidently you're not prepared... so I would like to read ... at this point I'm going to ask you to cease and I'm going to take some comments from the audience..." Attorney DelVecchio: "I'm not done with my application—" Chairman Plew: "I'm sorry, sir, you weren't prepared and I'm going to move along." Attorney DelVecchio: "Mr. Chairman, I'm not done with my application, sir." Chairman Plew: "Bruce, he wasn't prepared. Sir, sir, sir, sir, you have five items. You said five items. Please..." Attorney DelVecchio: "But I wasn't done with my application." Chairman Plew: "I think you were because you turned to him [his client] and you wanted something else and you have to read that because you didn't know what it said, so...." Attorney DelVecchio: "A board member asked me a question..." Chairman Plew (talking at same time): Excuse me, sir. Excuse me, sir. And you answered the question... Attorney DelVecchio: "I did not answer the question..." Chairman Plew: "Excuse me, sir, I'm going to say you are out of order. I'm going to move along. I will come back to you. You may have a chair." Chairman Plew then read aloud a statement from Bruce Smith (who was present), a neighbor living directly across the street from the subject parcel. He wrote in opposition of granting the variance. A copy of this statement has been placed on file for the record. Chairman Plew asked if there was anyone else who wished to speak regarding this variance request; responses were as follows: Richard Kearnev - 3887 Highland Road - Opposed to granting of variance. Request doesn't meet the requirement. Granting the variance would "open up the floodgates" for others as a precedence had been set. Rules are rules. Agrees with Mr. Smith's comments. Rick Gvsel - 3855 Highland Road - What is future use of the property? There are single-family homes there. Maybe they will place a two-family home on each parcel. Doesn't know what that density would do. There could be four families there. Opposed granting of the variance. Page 3 of 7 o5� MAY 1 9 2015 Minutes - Public Hearings - (T) Cortlandville Zoning Board of Appeals 28 April 2015 Joseph Ludwig - 3817 HiF4hland Road - Walks the road daily. Subject is beautiful lot. Existing home will lose its front yard; value of existing house will be denigrated. Not good for the Town of Cortlandville. Opposed granting of the variance. John Finamore - 4101 Hizhland Road - Owns lot next door and supports granting the variance. Other lots in area are all small lots. In favor of granting the variance. Attorney DelVecchio commented that, in answer to Member Aloi's question, water and sewer are both available to the new lot, and he had an email from Mr. Alteri, Superintendent of the Town of Cortlandville Water & Sewer Department, affirming that. Chairman Plew then stated that he was going to ask a question one more time before closing the public hearing: "Is it going to be a one -family or two-family?" Attorney DelVecchio stated his client did not know yet, and that he may live at this property. Chairman Plew asked if there was anyone else from the audience who wished to speak on this variance request; there were none. With everyone heard who wished to be heard, Chairman Plew closed the Public Hearing at 7:15 p.m. DISCUSSION/DECISION Member Aloi stated that he had visited the property and talked with some of the neighbors; some were in favor of the variance, some were opposed. There are others in the neighborhood who have less acreage than required. PZO Weber clarified that 30,000 SF is the minimum required lot size for a single-family or two- family if on public water and sewer. A two-family residence is allowed subject to Site Plan Review by the Town Planning Board. There are all different -sized lots there. Member John Finn then asked if the Board should be concerned with the fact that the application was changed from what had been announced in the Public Hearing Notice. Town Attorney John Folmer was asked this question, and he responded that the Notice, as published, was incorrect as it pertains to the modified application now before the Board; perhaps this matter should be tabled until proper notice can be published. A motion was then made by Member Finn to table this variance request. The motion was seconded by Member Bilodeau. Attorney DelVecchio then stated -that he would ask the Board to consider the application for the area variance as submitted. Again, Chairman Plew stated that before there was any vote, he wanted to know if a one- or two-family residence was going to be constructed. Town Attorney Folmer advised Chairman Plew that the "Board needs to acknowledge that what you are considering is the application as submitted and not the application as amended." The Board Secretary reminded the Chair that there was a motion on the floor, which was seconded, so a vote was needed. The vote was then called for, with the results recorded as follows: Ayes: None Nays: Chairman Plew Member Finn Member Bilodeau Member Aloi Member LeFevre Motion not carried. This becomes Action #3 of 2015. Member Aloi then read aloud the questions contained in the required "balancing test," as shown below. Findings were recorded by the Board Secretary. Page 4 of 7 M AY 1 9 2015 Minutes - Public Hearings - (T) Cortlandville Zoning Board of Appeals 28 April 2015 1. Can the benefit sought by the applicant be achieved by a feasible alternative to the variance? Finding: No. All agreed. 2. Would an undesirable change be produced in the character of the neighborhood or a detriment to nearby properties be created by the granting of an area variance? Finding: Yes by Finn, Bilodeau, LeFevre, Aloi. No by Chairman Plew. 3. Is the requested area variance substantial? Finding: No, it's less than 1%. All agreed. 4. Will the request have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district? Finding: No by Finn, Bilodeau, LeFevre, Aloi. No by Chairman Plew. 3. Is the alleged difficulty self-created? Finding: No by Finn, Bilodeau, Aloi. Yes by Chairman Plew, LeFevre. With no further discussion, a motion was made by Member Aloi that taking into consideration the five findings arrived at in the "balancing test," the Town of Cortlandville Zoning Board of Appeals has determined that the benefit to the applicant outweighs the detriment to the neighborhood/ community, and grants the area variance for the creation of two lots with an area less than required, as requested. _The motion was seconded by Member LeFevre, with the vote recorded as follows: Ayes: Member Bilodeau Nays: Chairman Plew - Member Finn Member Aloi Member LeFevre Motion passed. This becomes Action #4 of 2015. I PUBLIC HEARING #2 1 Empire Tractor, Inc., Applicant/Empire Tractor Real Estate Cortland, LLC, Reputed Owner - 638 NYS Route 13 - TM #105.00-01-48.100 - Signs - Greater Number & Illumination Chairman Plew recognized Bob Lucas, representing Empire Tractor who was asking two additional building -mounted signs as shown in the photos accompanying the application; illumination of the signs was also being requested. Chairman Plew explained that there have been break-ins at this new store. The more lights on the property at night, the more this type of activity was discouraged. The Board discussed their usual requirement for turning off the illuminated signs at a certain time. The Board discussed what was being requested. PZO Weber clarified that the applicant was allowed two signs on the building, and they are asking for four, with the signs to be illuminated. The square footage is within the requirements. Chairman Plew asked if there was anyone else from the audience who wished to speak on this variance request; there was no one. With everyone heard who wished to be heard, Page 5 of 7 0_1 MAY 1 9 2015 bq Minutes - Public Hearings - (T) Cortlandville Zoning Board of Appeals 28 April 2015 Chairman Plew closed the Public Hearing at 7:31 p.m. DISCUSSION/DECISION With no further discussion, a motion was made by Member Finn to grant the variance to allow for a greater number of building -mounted signs and signs to be illuminated, as requested, with the illumination to be turned off by 10 p.m. The motion was seconded by Member Tom Bilodeau, with the vote recorded as follows: Ayes: Chairman Plew Nays: None Member Finn Member Bilodeau Member Aloi Member LeFevre Motion passed. This becomes Action #5 of 2015. I PUBLIC HEARING #3 1 James J. O'Mara. Applicant/Reputed Owner - 726 Cedar Crest Drive - TM #95.11-02- 48.000 - Front Yard Less than Allowed Chairman Plew recognized the applicant who was seeking a variance for a front yard setback of 35 feet, but he stated he could go 40 feet, as shown on the sketch accompanying the application. (` Chairman Plew asked if there was anyone else from the audience who wished to speak on this variance request; there was no one. With everyone heard who wished to be heard, Chairman Plew closed the Public Hearing at 7:33 p.m. DISCUSSION/DECISION With no further discussion, a motion was made by Member Bilodeau to grant the variance for a setback of 40 feet. The motion was seconded by Member Finn, with the vote recorded as follows: Ayes: Chairman Plew Nays: None Member Finn Member Bilodeau Member Aloi Member LeFevre Motion passed. This becomes Action #6 of 2015. Page 6 of 7 Minutes - Public Hearings - (T) Cortlandville Zoning Board of Appeals 28 April 2015 APPROVAL OF MINUTES — 27 JANUARY 2015 A motion -was made by Member Finn to approve the Minutes of the 27 January 2015 Zoning Board of Appeals meeting, as submitted. The motion was seconded by Member Bilodeau, with the vote- recorded as follows: Ayes: Chairman Plew Nays: Member Finn Member Bilodeau Member Aloi Member LeFevre_ Motion passed. This becomes Action #7 of 2015. ADJOURNMENT At 7:35 p.m., on a.:motion by Member Finn, seconded by Member LeFevre, with everyone present voting in the affirmative, the meeting was adjourned. J E. Fitch, Board Secretary Page 7 of 7 Emailed to KS/KP, Bd. Members, JBF, . BW, DD, TW & DC on 5/18/15.. 6q 0— DEC-22015 ATTENDANCE SHEET ORTLANDVILLE ZONING BD__MOF APPEALS; 'IMEETING OF !`1 -1 ` 1 (Your attendance is recorded in the meeting Minutes.) r,�PRINTEV3 Name: 'AAA A= lwtle x1> .-%b b-�� ZONING Regarding: 0A 6- '-%b s Complete Address: S rf Z�/4-.17 6 IVY /.91'/J `7 h CD,44,4?%vY APPEALS Meeting r•J JUN 1 6 2015 TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS Public Hearings/Meeting Minutes - Tuesday, 26 May 2015 - 6:15 PM Town Hall Court Room - 3577 Terrace Road - Cortland, NY Board Members (*absent) Others Present David Plew, Chairman Bruce Weber, Planning/Zoning Officer John Finn Joan E. Fitch, Board Secretary Thomas Bilodeau Thomas Aloi Lenore LeFevre Avvlicants & Public Present Sunday Earle, Applicant; Glenn Anderson, Applicant; Gary Lyon, Applicant; Jason Arnold, Applicant; Elaine Jackson, Applicant; Valeri & Larry Carlisle, Megan VanDeuson, Will Womuth (?), Ruth Moffitt, Jim & Brenda Contento, Robert Gardner, Kathryn M. Lyon, Yvonne Deligato, Douglas Park, Shawn Earle. The Public Hearings were opened at 6:15 p.m. by Chairman David Plew, who read aloud the Legal Notice as published in the Cortland Standard on 15 May 2015, 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 26, 2015, at 6:15 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 Gary Lyon for property located on Starr Road, Tax Map No. 96.11-01-019.112, for a variance in the terms and conditions of Article V, Section 178-21, to allow for a storage building. 2. In the matter of the application of Elaine Jackson for property located at 3362 Gunzen Drive, Tax Map No. 95.18-01-39.000, for a variance in the terms and conditions of Article IV, Section 178-17B (4), to allow for a pool with a side yard less than allowed. 3. In the matter of the application of Jason Arnold for property located at 4384 Meadow Lane, Tax Map No. 76.14-01-44.000, for a variance in the terms and conditions of Article IV, Section 178-17A1, to allow for a pool deck with a front yard less than allowed. 4. In the matter of the application of Sunday Earle for property located at 3986 Woodside Road, Tax Map No. 85.16-01-16.000, for a variance in the terms and conditions of Article XVIII Section 178-122 A, to allow for the storage of a trailer in front and side yards. 5. In the matter of the application of Glenn Anderson for property located at 4444 Locust Avenue, Tax Map No. 77.00-02-04.100, for a variance in the terms and conditions of Article I definition Home Occupation, Article IV, Section 178-19 A, to allow for an accessory structure over 200 square feet to be used as part of a home occupation & for an accessory building greater than 15' in height. 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, NY, or 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.) Page 1 of 7 J U N 1 0 2015 Minutes - Public Hearings - (T) Cortlandville Zoning Board of Appeals 26 May 2015 J PUBLIC HEARING # 1 Gary Lvon. Applicant/ Reputed Owner - Starr Road - TM #96.11-01-01.112 - Storage Barn Chairman Plew recognized the applicant who was seeking a use variance to construct a 4000 SF pole barn on the subject property, a vacant lot, to use to store his personal collection of restored cars. A use variance is required because storage buildings are not allowed as a principal use in the R-2 District. Chairman Plew asked the applicant what his hardship would be if the requested variance was not granted. Mr. Lyon responded that he had several antique cars that he needs a place to store, and the cars are presently in a building that he recently sold. Member John Finn asked the applicant about an alternative that would not require a variance, i.e., keep them stored where they are at present by renting the building from the new owner. Mr. Lyon felt this was not an option. Chairman Plew then acknowledged receipt of an undated letter to the ZBA from Garry Haraveth in opposition to granting the proposed use variance (see Exhibit A, attached). He then asked if there were any other comments from those present; there was one, as follows: Yvonne Deliaato - 1304 Starr Road - Lives across the street from the subject. Asked applicant if he was building a house for himself, and he replied he was, eventually. Chairman Plew asked if there was anyone else from the audience who wished to speak on this variance request; there were none. With everyone heard who wished to be heard, Chairman Plew closed the Public Hearing at 6:27 p.m. DISCUSSION/DECISION Member Tom Aloi remarked that there was only one person who spoke regarding the proposed variance, and it was a simple question. However, the letter received from Mr. Haraveth was in opposition the granting of the variance and also contained many questions he would like answered. Member Lenore LeFevre asked about the storage of his cars, and Mr. Lyon stated they are old cars he has collected/ restored that he wants to store until they are sold. His hardship, he stated, is he would have to pay someone to store them. He will not be running a business at this location. The building would be attractive and placed 200 feet back from the road. Mr. Lyon showed the Board members the location of the proposed barn, and also where he plans to construct his house. PZO Weber also advised that, if the requested variance is granted, the applicant would have to go before the Planning Board for a Conditional Permit. At the conclusion of a brief discussion, a motion was made by Member John Finn to grant a use variance for the storage barn, as requested, incorporating Items 1 thru 6 of the Cortland County Planning Board's Resolution No. 15-9 of 20 May 2015. The motion was seconded by Member Aloi, with the vote recorded as follows: Ayes: Chairman Plew Nays: None Member Finn Member Bilodeau Member Aloi Member LeFevre Motion passed. This becomes Action #8 of 2015. Page 2 of 7 JUN 1 6 2015 Minutes - Public Hearings - (T) Cortlandville Zoning Board of Appeals 26 May 2015 PUBLIC HEARING #2 Elaine Jackson, Avvlicant/Judv Jackson, Revuted Owner - 3362 Gunzen Drive - TM #95.18-01-39.000 - Side Yard Less than Allowed Chairman Plew recognized the applicant who was seeking an area variance to construct an above -ground swimming pool with a side yard setback of six feet, which is less than allowed. She explained that they are limited by the location of their septic tank and also a large oak tree. Their adjacent neighbor, Fred Collins at 3356 Gunzen Drive, (on the side where the pool is proposed) wrote a letter dated 26 May 2015) in support of the variance. Chairman Plew asked the measurements of the pool, and the applicant stated it was 24 feet in diameter and 4 feet deep with side of the pool measuring 54 inches. Chairman Plew asked if there was anyone else from the audience who wished to speak on this variance request; there were none. With everyone heard who wished to be heard, Chairman Plew closed the Public Hearing at 6:35 p.m. DISCUSSION/DECISION With no further discussion, a motion was made by Member Tom Bilodeau to grant an area variance for the swimming pool closer to the side yard property line than allowed, as requested. The motion was seconded by Member Finn with the vote recorded as follows: Ayes: Chairman Plew Nays: None Member Finn Member Bilodeau Member Aloi Member LeFevre Motion passed. This becomes Action #9 of 2015. I PUBLIC HEARING #3 1 Jason Arnold, Avvlicant/Revuted Owner - 4384 Meadow Lane - TM #76.14-01-44.000 - Front Yard Less than Allowed Chairman Plew recognized the applicant who was seeking an area variance to construct a pool deck around his existing above -ground swimming pool, as shown in the aerial photo accompanying his application. When built as shown, the deck would be closer to the front yard than allowed. Chairman Plew asked if there was anyone else from the audience who wished to speak on this variance request; there were none. With everyone heard who wished to be heard, Chairman Plew closed the Public Hearing at 6:38 p.m. Page 3 of 7 JUN 1 6 2015 Minutes - Public Hearings - (T) Cortlandville Zoning Board of Appeals 26 May 2015 1�-� DISCUSSION/DECISION After a brief discussion, a motion was made by Member Aloi to grant an area variance for the pool deck closer to the front yard property line than allowed, as requested. The motion was seconded by Member LeFevre with the vote recorded as follows: Ayes: Chairman Plew Nays: None Member Finn Member Bilodeau Member Aloi Member LeFevre Motion passed. This becomes Action #10 of 2015. I PUBLIC HEARING #4 1 Sundav Earle, Applicant/Shawn & Sundav Earle. Reputed Owners - 3986 Woodside Road - TM #85.16-01-16.000 - Storage of Snowmobile Trailer on Front & Side Yards Chairman Plew recognized the applicant who was seeking an area variance to park their enclosed 8 -ft. snowmobile trailer on their side yard during the summer months, and on the side of their driveway during the winter months, as stated in their application. Member Finn asked PZO Weber to clarify the need for a variance. PZO Weber responded that "as long as it's parked outside of the required front or side yard, then it's legal. What's happened is that it's being placed in a side yard and then also, potentially, during certain times of the year, in the front yard. The restriction is that it cannot be in a required front or side yard." Chairman Plew asked the applicant if they could put the trailer behind their deck so it would be conforming. The applicant stated their rear yard is sloped and there was not enough flat space there. Mrs. Earle showed the Board photographs of her property. Chairman Plew still felt the area next to the right of the deck is level, but he didn't know how they would get it out in the winter; maybe they would have to rent a storage unit then or else plow it out. The applicant disagreed that the trailer could be placed by the deck as suggested. She then stated that she had 20 feet from her garage to the property line and the trailer is 8 feet wide. If she paved an area to place the trailer next to what is now the driveway, the estimated cost is from $1500 to $2000. Chairman Plew asked if there was anyone else from the audience who wished to speak on this variance request; there were, as follows: Robert Gardner - 3992 Woodside Drive - Opposed to granting of variance. His property shares property line with applicant. Trailer has been in side yard for 17 months; it's unsightly. It's an eyesore. Hasn't left property in 17 months. Sometimes it moves forward, sometimes back, but it's always there. Visible from my kitchen window, back patio, and side yard. It's parked "right in our face." There's no way he cannot see it. Does not look nice. There's flat land behind the house where there's a large batting cage; three trailers would fit where this cage is. (Presented letter containing his comments to PZO Weber for the record.) He also showed his photos to Board and PZO Weber. He remarked that the Code should be enforced. Shawn Earle - Reputed Owner - Mr. Earle countered that the trailer doesn't move unless there's snow. Ideally, he stated, it would be in the front or side yards, as they are close by a snowmobile trail and, on occasion, they take it elsewhere with their family. Page 4 of 7 i3 IL J U N 1 6 2015 Minutes - Public Hearings - (T) Cortlandville Zoning Board of Appeals 26 May 2015 Chairman Plew asked Mr. Earle why he could not keep the trailer in his existing two -car garage, and he responded that it wouldn't fit because of its height. Mrs. Earle commented that even if they put the trailer in the back yard, it would still be visible to their neighbors. Mr. Earle commented that they would move the batting cage over. He then asked if he could get a "seasonal variance" from November to March? PZO Weber advised the ZBA that they could put conditions on any variance. Robert Gardner - 3992 Woodside Drive - Still finds it objectionable if it was seasonal in the side yard. With everyone heard who wished to be heard, Chairman Plew closed the Public Hearing at 6:57 p.m. DISCUSSION/DECISION The Board then discussed the issues and possible alternatives. ZBA Member Tom Aloi then proceeded with the required questions (balancing test) for an area variance, with the responses being given by the ZBA members, as follows: 1. Can the benefit sought by the applicant be achieved by some other means feasible to the applicant? Board's Finding: Yes. All agreed. 2. Will an undesirable chanize be produced in the character of the neighborhood or to nearbv properties? Board's Finding: Yes. All agreed 3. Is the requested area variance substantial? Board's Finding: Yes. All agreed. 4. Will the proposed variance have an adverse effect or impact on the phvsical or environmental conditions in the neighborhood? Board's Finding: No. All agreed. 5. Is the alleged difficultv self-created? Board's Finding: Yes. All agreed. Chairman Plew proposed that the applicant put the trailer in the back where it's flat and, in the winter, have the means to pull it out or else put it in a storage unit somewhere else. At the close of the Board's discussion, a motion was made by Member Aloi that the area variance be granted to allow the storage of a snowmobile trailer on the side yard from December 1St thru March 31s' only; storage of the trailer must conform to regulations the remainder of the year. The motion was seconded by Member Bilodeau, with the vote recorded as follows: Ayes: Chairman Plew Nays: Member Finn Member Bilodeau Member LeFevre Member Aloi Motion passed. This becomes Action #11 of 2015. I PUBLIC HEARING #5 1 Page 5 of 7 JUN 1 '1 2015 Minutes - Public Hearings - (T) Cortlandville Zoning Board of Appeals 26 May 2015 Glenn Anderson. Applicant/Reputed Owner - 4444 Locust Avenue - TM #77.00=02-04.100 - } Accessory Structure >200' for Home Occupation & >15' in Height Chairman Plew recognized the applicant who was seeking a bulk variance to construct a 2400 SF (40' by 60)storage building which would contain an office for a. -home-based business. The proposed building. would have a height ' of 26 feet, where the maximum permitted height for an accessory use in the R-1 District is 15 feet. Mr. Anderson, in response to Member Finn's question, stated that from the road level to the - ground ' level where the building is proposed : there is a 30 -40 -:ft. drop.-: He plans to bring in approximately 3 feet of fill to level the site, so it will sit below road level. The applicant will also be building a single-family. dwelling on this property. The Board reviewed the annotated survey map that accompanied the application. The location of the storage building was questioned by a neighbor to the north. The applicant will adhere to all setback requirements, but he offered to place the storage building 100 :feet from the property line. It will have wood siding which is stained a "darker, natural wood color." . There will be pickup trucks there. - Chairman Plew asked if there was anyone else from the audience who wished to: speak on this. variance request; there were none: With everyone 'heard -who wished to be -heard, Chairman Plew, closed the Public: Hearing at 7:24 p.m. DISCUSSION/DECISION After a .brief discussion, a. motion was made by Member Finn to grant -the bulk variance to allow for an:accessory structure over 200 SF to be: used.as part of.a home occupation; and', for said structure to have a maximum height of 26 feet with a setback a distance of 100 feet, if feasible, from the northern property line. The motion was seconded by Member Aloi with the vote recorded as follows: Ayes: Chairman-Plew Nays: None Member Finn Member Bilodeau Member Aloi Member'LeFevre Motion passed. This becomes Action #12 of 2015. APPROVAL OF MINUTES — 28 APRIL 2015 - A motion was made by Member Finn to. approve the Minutes of .the 28 April 2015 Zoning Board of Appeals meeting, as submitted. The motion was seconded by Member Bilodeau, with the vote recorded as follows: - Ayes: Chairman-:Plew Nays: Member Finn Member Bilodeau Member Aloi Member LeFevre Motion passed. This becomes Action # 13 of 2015. ADJOURNMENT At 7:26 p.m., on a motion by Member Finn, seconded by Member Bilodeau, with everyone present voting in the affirmative, the meeting was adjourned. .......... Page 6 of 7 15 � 1 JUN 1 i� 2015 1( Minutes - Public Hearings - (T) Cortlandville Zoning Board of Appeals 26 May 2015. Joan E. Fitch, Board Secretary Emailed to KS/KP, Bd. Members, JBF, BW, DD, TW & DC on 6/14/15. Rev. Action #10 on 6/17/15. ATTACHMENT A Zoritng_ Board. of Appeals Town.of Cortiandvllle :. , ,.: Raymond G: T, pipe Municipal' 13ullding 35ZZTerraceRoad,` Cortland; New;York •if3045 Dear David -Flew aril tl3oar, Members; -I received a..Legal;Notics}fromtheTowri Of Cprtlandville,Nlay;21; 201,55;(5 days;p�lor:,to);a,public hearing before the Zornng Board of`AppeaI scheduled for: May 26, 2015`at 6:16-1f M I `arn writing in.refererice`•to,that;notice`andin j) gicular:' 1: •!n the nraiter•gf th®-a ' Ilcailon of Ga . Lyon;fo_Y property located oriStarr"Road ;TazMapaVo: Pp... , , rY> - 96.11; 07=01::712, fo�'a �-arlance:7nahe terms and conditions of Art/cle U, Sectron 178-21;' to allow for a storage bililding.. , ;. I am hereby.giving my;disapproval.ofauch;var anc"e;and fuither requesting the`Zoning,'Bosrd do" t9`a' rr .;vl^'�: the 'same until sucti:a 21me the following`questlons,can be�answeretl, properly and legally to that , Zoning Board:and become avatlatile to the surrounding residences prior taapprovat- [ consideration%: 1. 'is. his-VARI4NCE re' uest due a'Financial Mardshl` ? =1fao; h6W-has;thls been _roven? 2�=KWh t�fsalieisize','of�tiie'"ro'`osedStora"e�i3uldin"'?�,:Nas�tFi®Boa d;been• `r i d�; -arch itectural;plani.?-.What"as•ttie;_wid#ti'andaengtF%?:`VNtiat-lsthphelght? Do all�:tti'ree;rreet -the _approp�iate'.ISuilding code,:requirements'Includirig.'materials'to 3.' What aolbr(s) is the building going to lie?- VVillat blend naturally with; the surroUgd gs:o"r will: it be the'same eyesore, as the Oary s Automotive building located pn:DeIaW&e,Str'eet Cortland,.Nl(-which are tiie.same bold,colors as tfie'New York GlantsrfoottialI team and- , hardly,,blend in with,the surrounding area environment: Not tomention a coriimercial roe is within=a P- 09, . p rtv`. - 4 _ Whaf is'tiieatb�a a tiuildin ` oin to'§fore?" :Is tiie bulld" ` solei,' • ii3att6, residential • - - us®'or business;(commercialj.;purposes4. in VVfiat,is`to stop'GaryLyonfoi'from uslrigaFe:;building: for•busines- purposes;a:yearftom now grid who will monitor;that It does'not hen: After' all'the kiustness'.and;this`.,lot.do share the same boarder. -`'app No, i:do nota rove 64, t*`hb:t& uested'wariance.,and ra :.th"at.the.Coritandvtlle Zon(rig Board gf:' Appeals h`as5tha:same upstanding morals?as tFie;residerice`in`the tGlunsonsComers_aiea. .,- .; a8Z5--L arr tact ✓ : r = - 24. Lo Ise d; ;New Yb& 43045 Page 7 of 7 DEC — 2 2015 &01-1 ATTENDANCE SHEET (T�`CORTL-ANDVILIE MEETING OF': (Your attendance is recordel in the meeting Minutes.) �PRI�NTED) Name: a jd"-Aj z. ,31M CdkjreA)r-11 `3RIFf-)DA rAA e,v 1'0 l vc7 vw�L 1J+2L►' J. 1AA— Representing/ Regarding: Sc_ i -Cz ,5 eeT s° a -/,C ,S -e \f Complete Address: GuId�- AM O\ t�.. VWL 4r--.1' 17t -"e Ol f ,59 Lycos r rive Awwgk ,yy-,,y Gacver Aue JfOm re Ud A130h/LI -&j 1-7 JUL 2 2 2015 TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS -� Public Hearings/ Meeting Minutes - Tuesday, 30 June 2015 - 6:15 PM Town Hall Court Room - 3577 Terrace Road - Cortland, NY Board Members (*absent) Others Present David Plew, Chairman Bruce Weber, Planning/Zoning Officer John Finn Joan E. Fitch, Board Secretary Thomas Bilodeau *Thomas Aloi Lenore LeFevre Auulicants & Public Present Wayne Minihkeim, Applicant; John Lloyd, Applicant; John King, Applicant; Gary Lyon, Applicant; Kathryn Lyon, Joann Zech, Cassandra Cotterill. The Public Hearings were opened at 6:14 p.m. by Chairman David Plew, who read aloud the Legal Notice as published in the Cortland Standard on 18 June 2015, 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 30, 2015, at 6:15 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 Cortland Regional Medical Center for property located at 4005 West Road, Tax Map No. 86.13-01-16.000, for a variance in the terms and conditions of Article XVIII Section 178-112, Table 1, to allow for a building -mounted sign to be illuminated. 2. In the matter of the application of Gary Lyon for property located on Starr Road, - ' Tax Map No. 96.11-01-019.112, for a variance in the terms and conditions of Article V, Section 178-21 B(1), to allow for a storage building with a height greater than 15. 3. In the matter of the application of John & Roxanna Lloyd for property located at 3915 Highland Road, Tax Map No. 85.15-01-19.000, for a variance in the terms and conditions of Article IV, Section 178-17 A (1), to allow for a lot with an area less than allowed. 4. In the matter of the application of John King for property located behind 4038 Westmore Lane, Tax Map No. 86.09-01-21.000, for a variance in the terms and conditions of Article IV, Section 178-17, to allow for a solar array on a vacant parcel. 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, NY, or 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.) Page 1 of 5 JUL 2 2 2015 Minutes - Public Hearings - (T) Cortlandville Zoning Board of Appeals 30 June 2015 PUBLIC HEARING # 1 Wavne Minihkeim, Applicant/Cortland Regional Medical Center, Reputed Owner - 4005 West Road - TM #86.13-01-16.000 - Illumination of Building -Mounted Sign Chairman Plew recognized Bob Seigart of Shopfer Architects, representing the owner of this existing building who was seeking a variance to illuminate a new sign that was to be placed as shown on the attached photograph depiction and accompanying sketch. PZO Bruce Weber commented that the proposed sign, although larger than what is being replaced, is still within the allowed square footage and, like the previous sign, is to be illuminated. Member John Finn asked if the proposed sign's illumination would be on a timer, and Mr. Seigart responded that it was on a photocell so would come on when dark, and turn off in daylight. When asked the operating hours of this "Wound Care & Imaging Center," Mr. Shopfer responded that right now they are 8 a.m. to 4 p.m., but may go into the evening eventually. He also added that the illumination of the sign could be put on a timer. Chairman Plew asked if there was anyone from the audience who wished to speak on this variance request; there were none. With everyone heard who wished to be heard, Chairman Plew closed the Public Hearing at 6:19 p.m. DISCUSSION/DECISION After a brief discussion, a motion was made by Member Finn to grant a variance for the illumination of the proposed building -mounted sign, as requested, with the illumination to be turned off after 10 p.m. The motion was seconded by Member Tom Bilodeau with the vote recorded as follows: Ayes: Chairman Plew Nays: None Member Finn Member Bilodeau Member LeFevre Absent: Member Aloi Motion passed. This becomes Action #14 of 2015. I PUBLIC HEARING #2 1 Gary Lvon, Aoolicant/Reputed Owner - Starr Road - TM #96.11-01-01.112 - Storage Barn w/Height Greater than 15 Feet Chairman Plew recognized the applicant who was seeking a variance to construct a storage building with a height greater than fifteen feet. Mr. Lyon advised that in order to maintain an adequate pitch on the roof of his new building, the building needs to be higher—not exceeding 20 feet. Chairman Plew asked if there was anyone from the audience who wished to speak on this variance request; there were none. With everyone heard who wished to be heard, Chairman Plew closed the Public Hearing at 6:22 p.m. Page 2 of 5 UUL 2 2 2015 Minutes - Public Hearings - (T) Cortlandville Zoning Board of Appeals 30 June 2015 ~- DISCUSSION/DECISION After a brief discussion, a motion was made by Member Bilodeau to grant a variance for the proposed storage building with a height not to exceed 20 feet. The motion was seconded by Member Lenore LeFevre with the vote recorded as follows: Ayes: Chairman Plew Nays: None Member Finn Member Bilodeau Member LeFevre . Absent: Member Aloi Motion passed. This becomes Action #15 of 2015. I PUBLIC HEARING #3 1 John & Roxanna Llovd. Applicants/Reputed Owners - 3915 Highland Road - TM #85.15-01- 19.000 - Lot with Area Less than Allowed w/Extension of Time Chairman Plew recognized the applicant who was seeking an area variance, plus an extension of time on that variance, to make use of this small vacant lot (85 ft. by 125 ft. lot) which adjoins his parcel containing his present home. A conforming lot contains a minimum of 30,000 SF. In a narrative attached to his application, Mr. Lloyd explained that he and his wife no longer need the size of their present home, and their daughter and family want to purchase it, moving here from Baldwinsville. The Lloyds, in turn, want to construct a pre -manufactured, two-story cabin on this small lot. A pre -constructed foundation would be placed for the cabin, which is a shell and would need a contractor to install electric, water, and sewer services in addition to finishing the interior of the building. The proposed layout of the cabin on the lot, along with floor plans and a photo depicting the cabin, were attached to the application. In addition, Mr. Lloyd explained that he would like a year extension on the variance so that he could then apply for his Building Permit in 2016. Chairman Plew asked if there was anyone else from the audience who wished to speak on this variance request; there were none. With everyone heard who wished to be heard, Chairman Plew closed the Public Hearing at 6:31 p.m. DISCUSSION/DECISION The Board then discussed the issues and possible alternatives. ZBA Member LeFevre then proceeded with the required questions (balancing test) for an area variance, with the responses being given by the ZBA members, as follows: 1. Can the benefit sought by the applicant be achieved by some other means feasible to the applicant? Board's Finding: No. All agreed. 2. Will an undesirable chance be produced in the character of the neighborhood or to nearbv properties? Board's Finding: No, 3 (Plew, Bilodeau, LeFevre); Yes, 1 (Finn). 3. Is the requested area variance substantial? Page 3 of 5 ce JUL 2 2 2015 Minutes - Public Hearings - (T) Cortlandville Zoning Board of Appeals 30 June 2015 Board's Finding: Yes. All agreed. -"1 4. Will the nrobosed variance have an adverse effect or impact on the phvsical or environmental conditions in the neiahborhood? Board's Finding: No. All agreed. 5. Is the alleaed difficultv self-created? Board's Finding: Yes. All agreed. With no further discussion, a motion was made by Member Bilodeau that the area variance be granted as requested, with an extension of one year for applying for a Building Permit. The motion was seconded by Member LeFevre, with the vote recorded as follows: Ayes: Chairman Plew Nays: None Member Finn Member Bilodeau Member LeFevre Absent: Member Aloi Motion passed. This becomes Action #16 of 2015. I PUBLIC HEARING #4 1 John King. Aoolicant/Chad & Cassandra Cotterill. Reputed Owners - Behind 4038 Westmore Lane - TM #86.09-01-21.000 - Solar Arrav on Vacant Parcel Chairman Plew recognized the applicant who was seeking a variance to construct a 16.5 ft. by 49 ft. ±, solar array on this residential lot (currently agriculturally utilized by Mr. Cotterill) which is adjacent to the lot their house occupies. Chairman Plew commented that two neighbors had given him negative input regarding what was being proposed. He needed more of a description, so Mr. King stated that the solar array would be constructed about two feet off the ground on approximately 16.5 by 49± SF space, taking up 600 to 625 SF. Gravel would be placed under the panels. Chairman Plew asked if he, hypothetically, lived across the street and was sitting on his front porch, will it look like those panels which are on SUNY Cortland property along NYS Route 281? Mr. King said they would not, and explained what they would look like. Chairman Plew commented that there was only one home in the neighborhood that would have a direct view. Chairman Plew then asked what the hardship would be, and Mr. King responded that the installation will save money for electricity. Mrs. Cotterill advised those present that they had received a NYSERTA grant and had made their first month's payment. Without the requested variance, she and her husband would "lose out on the grant." She stated that she had talked with the three neighbors closest to her and they all were in favor of granting the variance. To assure they would have no immediate neighbors, she said that they have purchased the adjacent land from Lee Ambrose. Chairman Plew asked if there was anyone else from the audience who wished to speak on this variance request; there were none. With everyone heard who wished to be heard, Chairman Plew closed the Public Hearing at 6:50 p.m. Page 4 of 5 JUL 2 2 2015 Minutes - Public Hearings - (T) Cortlandville Zoning Board of Appeals 30 June 2015 DISCUSSION/DECISION - After a brief -discussion, a. motion was made by Member Finn: to grant:a variance to allow for. a solar array on a vacant parcel, as requested. The motion was seconded by Member Bilodeau, with the vote recorded as follows: Ayes: Chairman -Plew Nays: None Member Finn Member Bilodeau Member LeFevre Absent: Member Aloi Motion passed. This becomes Action #17 -of 2015... APPROVAL OF MINUTES -.26 MAY 2015 A motion was made by Member -Finn to approve the Minutes of the 26 May;2015 Public Hearings, as submitted. The motion was seconded by Member Bilodeau, with the vote recorded as follows: Ayes: Chairman Plew Nays: None Member Finn Member Bilodeau Member LeFevre Absent: Member Aloi Motion passed. This becomes Action # 18 of 2015. ADJOURNMENT At :6:53 p.m., on a motion by Member Bilodeau, seconded by Member Finn, _with everyone'. present voting in the affirmative, the meeting was adjourned. Y J . E. Fitch, Board Secretary Page 5 of 5 Emailed to KS/KP, Bd. Members, JBF, BW, DD, TW & DC.on 7/22/ 15. D EC — 2 2015 ATTENDANCE SHEET (!�-C6RTLA-NPVILlf� ZONING BD. Q'I'' APPEALS MEETING 61 (Your attendance is recorded in the meeting Minutes.) PRIN�TE Name: Regarding: Complete Address: FOZA -P_ L oil 1-6, 556.(J ve, �5-0 14 N N I W,qLDFAJ (/Vvcc I ,1 0, TltkftA4�1, ru RJ,J - 46(ct qO.36��1,%kap 7Aele- &L-� C�,aT-04pv-O S . 2 (I- `r 11 22 - TOWN z. TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS l Public Hearings/ Meeting Minutes - Tuesday, 28 July 2015 - 6:45 PM Town Hall Court Room - 3577 Terrace Road - Cortland, NY Board Members (*absent) Others Present David Plew, Chairman Bruce Weber, Planning/Zoning Officer John Finn Joan E. Fitch, Board Secretary Thomas Bilodeau Lenore LeFevre Vacant Avvlicants & Public Present John DeRouchey, Applicant; Attorney Dan Ellis, Applicant; Eric Barden, Dennis & Maria DeRado, Carol Webster. Caitie & Don Sidebottom, Len Kozlowski, Michael & Roxanne Wehnke, Lynne Lash, Carl Pearce, Carl & Olga Savino, Marcus Bernardo (present, but did not sign Attendance Sheet). In Memory of Board Member Tom Aloi Chairman Plew acknowledged the recent passing of ZBA Member Tom Aloi. The Board will miss Tom. The Public Hearings were opened at 6:45 p.m. by Chairman David Plew, who read aloud the Legal Notice as published in the Cortland Standard on 17 July 2015, 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 28, 2015, 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 Phillip Zerillo for property located at 3957 US Route 11, Tax Map No. 87.13-01-41.100, for a variance in the terms and conditions of Article 1K A, Section 178-40.3, to allow for a conversion of a single-family to a multi family and an open BBQ food establishment. 2. In the matter of the application of John DeRouchey for property located at 1994 East River Road, Tax Map No. 77.00-11-05.000, for a variance in the terms and conditions of Article III, Section 178-12 B, to allow for a solar array. 3. In the matter of the application of Pomeroy, Armstrong, Casullo & Monty, Attorneys at Law, for property located on Walden Pond Lane, a portion of Tax Map No. 96.00-06-02.100, for variance in the terms and conditions of Article W,, Section 178-25 A (1), to allow for a front yard & rear yard 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, NY, or 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.) Page 1 of 4 23 Minutes - Public Hearings - (T) Cortlandville Zoning Board of Appeals 28 July 2015 PUBLIC HEARING # 1 John DeRouchev. Applicant/James Clark. Renuted Owner - East River Road - TM #77.00- 11-05.000 - Solar Arrav Chairman Plew recognized the applicant who was seeking a variance to place a solar array on the adjoining property that he owns, as shown on the aerial photographs accompanying the application. PZO Weber explained that a variance was required as the installation would be on an adjacent vacant parcel also owned by Mr. Clark. Chairman Plew asked if there was anyone from the audience who wished to speak on this variance request; there were none. With everyone heard who wished to be heard, Chairman Plew closed the Public Hearing at 6:48 p.m. DISCUSSION/DECISION Chairman Plew stated that he did not like the look of the solar panels. There were no other comments from the Board. With no further discussion, a motion was made by Member John Finn to grant a variance for the solar array, as requested. The motion was seconded by Member Lenore. LeFevre with the vote recorded as follows: Ayes: Chairman Plew Nays: None Member Finn Member Bilodeau Member LeFevre Motion passed. This becomes Action #19 of 2015. I PUBLIC HEARING #2 1 Pomerov. Armstrong. Casullo & Monty. LLP. Applicant/Walden Oaks Country Club. Inc.. Reputed Owner - Walden Pond Lane (Lots 143 & 1441 - Part of TM #96.00-06-02.100 - Front & Rear Yards Less than Allowed Chairman Plew recognized the Attorney Dan Ellis, representing the owner, who presented new (revised) maps to the Board. The owner was seeking an area variance from the required front and rear yard setbacks. The front yard requirement is 35 feet and a setback of 32 feet is being requested. The rear yard requirement is 30 feet and a setback of 21 feet is being requested. Chairman Plew asked if there was anyone from the audience who wished to speak on this variance request; comments received were as follows: Marcus Bernardo - Spoke in favor of the area variance. Three feet/nine feet are very small distances. The proposed dwelling to be constructed on the subject parcels (to be combined) will be very nice. (PZO Weber asked distance to proposed deck; Mr. Bernardo said it would be a stone patio, not a deck.) Dan Sidebottom - Residents are concerned with variance. What type of house will be built? Concerned with closeness to the road. (Board showed map to Mr. Sidebottom Page 2 of 4 z�{ Minutes - Public Hearings - (T) Cortlandville Zoning Board of Appeals 28 July 2015 and others from the audience.) We have lot specs for a reason and other variances have been approved, so why do we have the specs? Opposed to granting of variance. Len Kozlowski - Subject lots have been advertised for a long time. Has no problem with granting of variance. Thinks it will be good use of the property which sits there empty right now. Has no issue with building of house there. In favor of granting variance. Carl Savino - Spoke in favor a granting variance. Lives in area and has no objection to new house. With everyone heard who wished to be heard, Chairman Plew closed the Public Hearing at 7 p.m. DISCUSSION/DECISION ZBA Member Finn then proceeded with the required questions (balancing test) for an area variance, with the responses being given by the ZBA members, as follows: 1. Will an undesirable change be produced in the character of the neighborhood or to nearbv properties? Board's Finding: No. All agreed. 2. Can the benefit sought by the applicant be achieved by some other means feasible to the applicant? Board's Finding: Yes. All agreed. 3. Is the requested area variance substantial? Board's Finding: No. All agreed. 4. Will the' proposed variance have an adverse effect or impact on the phvsical or environmental conditions in the neighborhood? Board's Finding: No. All agreed. 5. Is the alleged difficultv self-created? Board's Finding: Yes. All agreed. With no further discussion, a motion was made by Member Finn that the area variance be granted as requested. The motion was seconded by Member Tom Bilodeau, with the vote recorded as follows: Ayes: Chairman Plew Nays: None Member Finn Member Bilodeau Member LeFevre Motion passed. This becomes Action #20 of 2015. Page 3 of 4 Minutes - Public Hearings - (T) Cortlandville Zoning Board of Appeals 28 July 2015 PUBLIC HEARING #3 Philliv Zerrillo. AuulicantlRandv Wood. Refuted Owners - 3957 US Route 11 =. TM #87.13= 01-41.100 - Convert. Single- to Multi-Familv & Oven BBO Food Establishment PZO Bruce Weber advised those present that Mr. Zerillo originally was going to purchase the subject property; however,, the owner is .going to sell a portion'of the property :which includes the house and the trailer to E & V Energy. Therefore, Mr. Zerillo is not interested in purchasing the property. Mr. Wood is willing to lease the property to the applicant for a chicken BBQ should he wish to do so. With the changes indicated, and the lack of .the applicant's presence, PZO Weber advised that the most appropriate thing to do at this time would be to deny the variance. With no further discussion, a motion was made by Member Bilodeau to deny the use variance to allow fora .conversion of a single-family to .a multi -family and allow an open BBQ food establishment. The motion was seconded by Member LeFevre, with .the vote recorded as follows: Ayes: Chairman-°Plew Nays: None Member Finn Member Bilodeau Member LeFevre Motion passed. This becomes Action #21 of 2015. APPROVAL OF MINUTES - 30 JUNE 2015 _- A motion was made by Member LeFevre to approve.the Minutes of the 30 June 2015 Public Hearings, as submitted. The motion was seconded by Member Bilodeau, with the vote recorded as follows: Ayes: Chairman Plew Nays: None Member Finn Member Bilodeau Member LeFevre Motion passed. This becomes Action #22 of 2015. ADJOURNMENT At 7:10 p.m., on a motion by Member Finn, seconded by Member Bilodeau, with everyone present voting in the affirmative, the meeting was adjourned. J E. Fitch, Board Secretary Page 4 of 4 Emailed to KS/KP, Bd. Members, JBF, BW, DD, TW & DC on 11/05/15. zs DEC -22015 ATTENDANCE SHEET (iT)•ORTLAPTDVII:L ZONING BD. F PPEALS MEETING of ' �f (Your attendance is recorded in the meeting Minutes.) PRINTED Name: AAP nom_ l Sq VI n C�' a �% V', h r, Regarding:. 11�,1 A, t) P- J 44 -�r ,50" N 21L v ~ l � � ,71K IL 1�(ODSL" Complete Address: 0 99 �( JSi ►2i z rQQ. ROAD 332 -:?— C144 viao" A -d L,--,. 3z:?—C144wao"L,--,. J r 4/ .Q N G= BD: yOF; APPEAI S Meet"iri._g O_Aly 2( NOV TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS Public Hearings/ Meeting Minutes - Tuesday, 25 August 2015 - 6:45 PM Town Hall Court Room - 3577 Terrace Road - Cortland, NY Board Members (*absent) Others Present David Plew, Chairman Bruce Weber, Planning/Zoning Officer John Finn Joan E. Fitch, Board Secretary Thomas Bilodeau Lenore LeFevre Joanne Aloi Applicants.& Public Present John Stiles, Applicant; Leamon Eaton, Applicant; John Finamore, Applicant; Richard Kearney, John DelVecchio. Chairman David Plew welcomed new Zoning Board of Appeals member, Joanne Aloi. The Public Hearings were opened at 6:45 p.m. by Chairman David Plew, who read aloud the Legal Notice as published in the Cortland Standard on 12 August 2015, 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 25, 2015, 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 John Stiles for property located at 3589 Parti Drive, Tax Map No. 96.10-01-32.000, for a variance in the terms and conditions of Article V, Section 178-21 A, to allow for a front yard less than allowed. 2. In the matter of the application of Leamon Eaton for property located at 1596 Oakcrest Street, Tax Map No. 96.36-01-07.000, for a variance in the terms and conditions of Article V, Section 178-21 A (1), to allow for a front yard less than allowed. 3. In the matter of the application of John Finamore, for property located at 3892 Highland Road, Tax Map No. 85.19-01-08.000, for variance in the terms and conditions of Article IV, Section 178-16, to allow for lots with an area 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, NY, or 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.) Page 1 of 4 NOV -- 2015 Minutes - Public Hearings - (T) Cortlandville Zoning Board of Appeals I PUBLIC HEARING # 1 1 25 25 August 2015 John E. Stiles. Apulicant/Stanlev & Geraldine Zattoskv. Reu_ uted Owners - 3589 Parti Drive - TM #96.10-01-32.000 - Front Yard Less than Allowed Chairman Plew stated he "talked to the lady" the other day, and understood that the applicant was replacing the slate. He then asked the applicant, who had approached the Board, if the deck was going to be bigger than the slate; Mr. Stiles responded it was about the same size. The lady advised Chairman Plew that she wanted the slate replaced because it was breaking, and she was afraid she was going to fall. The slate lines up with the deck on the house to the north. Member Finn asked if the tree was going to be removed and Mr. Stiles said it was not. Chairman Plew asked if there were any questions from the Board; there were none. Chairman Plew asked if there was anyone from the audience who wished to speak on this variance request; there were none. With everyone heard who wished to be heard, Chairman Plew closed the Public Hearing at 6:47 p.m. DISCUSSION/DECISION With no further discussion, a motion was made by Member John Finn to grant the area variance, as requested. The motion was seconded by Member Lenore LeFevre with the vote recorded as follows: Ayes: Chairman Plew Nays: None Member Finn Member Bilodeau Member LeFevre Member Aloi Motion passed. This becomes Action #23 of 2015. I PUBLIC HEARING #2 1 Leamon Eaton, Applicant/Leamon & Dorene Eaton, Reputed Owners - 1596 Oakcrest Street - TM #96.36-01-07.000 - Front Yard Less than Allowed Chairman Plew asked the applicant, who had approached the Board, if he was covering the patio; he responded yes. Member John Finn asked the applicant to explain the area; is this where you're putting the addition? Mr. Eaton responded in the affirmative and explained that there would be an overhang on each side. It goes up to the driveway. Chairman Plew commented that this is what he "was looking at the other day, and he thought maybe this was wrong and maybe the building is coming out all the way to the edge of that." Mr. Eaton explained that there would be two poles across the front. In response to the Board Secretary's question, Member Finn explained that the applicant was seeking a variance to construct an open patio which will be covered. Chairman Plew asked if there was anyone from the audience who wished to speak on this variance request; there was no one who wished to do so. With everyone heard who wished to be heard, Chairman Plew closed the Public Hearing at 6:50 p.m. Page 2 of 4 NOV - 2015 Minutes - Public Hearings - (T) Cortlandville Zoning Board of Appeals 25 August 2015 DISCUSSION/DECISION With no further discussion a motion was made by Member LeFevre that the area variance be granted as requested. The motion was seconded by Member Joanne Aloi, with the vote recorded as follows: Ayes: Chairman Plew Nays: None Member Finn Member Bilodeau Member LeFevre Member Aloi Motion passed. This becomes Action #24 of 2015. I PUBLIC HEARING #3 1 John M. Finamore, Applicant/Finamore Properties. LLC, Reputed Owner - 3892 Highland Road - TM #85.19-01-08.000 - Lot Sizes Less than Allowed Chairman Plew recognized the applicant who was seeking an area variance to divide this 1.489± - acre (64,878 SF, measured to the centerline of the road) property into two equal± lots. There is an existing dwelling on the northern portion of this property (a rental), as shown on the survey map accompanying the application. The narrative submitted stated that, in reviewing this proposed subdivision with PZO Weber, he was advised that 30,000 SF was required for a lot, and the measurement should be to the property line; therefore, the lot actually contained 29,652 SF, --. making it necessary for Mr. Finamore to seek an area variance for the 348 SF he was lacking for each lot. The applicant stated he had purchased the lot 3± years ago with the intention of L subdividing it thus in the future since the SF was 64,878 and, he thought, more than enough to meet the Town's lot size requirement. Mr. Finamore explained that he would like to construct a single -story "spec house," having three - bedrooms, and a basement, possibly for an in-law apartment. Chairman Plew asked the applicant why would he like to squeeze another house on what is now a nice, expansive lawn. Mr. Finamore objected to the word "squeeze," and Chairman Plew countered that he would use the term "squeezing." Mr. Finamore reiterated that he had purchased the property as an investment and planned on constructing this dwelling. Chairman Plew asked if there was anyone from the public who wished to speak; they spoke as follows: Richard Kearnev - 3887 Highland Road - Lives across from subject property. Also almost directly across from property owned by DelVecchio which is now rented and another dwelling is being proposed. He opposes granting this variance because what he's staring at, because he lives there and the applicant does not, is a strip mall of virtual rents. Renters do not keep properties up and come and go. Hopes landowners will keep property up. As taxpayer and Highland Road resident, he objects to the granting of the requested variance. John DelVecchio - Owns property discussed by Mr. Kearney, which is next door to subject. Spoke in favor of granting the variance; it would greatly improve the neighborhood by having another new house. There are some houses that he considers "decrepit." Member Finn asked Mr. Finamore who took care of the properties, and he responded that he - does. He will also keep access to the outbuilding at the back of the property that he uses for storage. Page 3 of 4 NOV :-- 2015. Minutes - Public Hearings (T) Cortlandville Zoning Board of Appeals With everyone heard_who wished to be heard, - Chairman Plew closed the Public 'Hearing, at 7:01 pm. 25 August 2015 DISCUSSION/DECISION Member LeFevre. commented that there are quite a few' parcels 'on the street that contain less than the required 30,000 square feet. PZO Weber affirmed'this'. Chairman Plew stated he had a problem with "packing houses in" when there's a nice open area/lawn.. PZO Weber stated that, as proposed, the division of the property would: meet. the minimum lot width required by the Town Code, but what is being proposed does not meet the minimum lot area; that is why an area variance is being applied for. ZBA Member LeFevre then proceeded with the required questions. (balancing test) for an area :variance, with the responses being given by the ZBA members, as. follows::. 1: Can the. benefit sought by the applicant be achieved by some other means feasible to the applicant?. Board's Finding: No _ Bilodeau,. LeFevre, Finn, Aloi. Abstain - Plew. 2. Will an undesirable change be. produced in the character of the - neighborhood or to nearby properties? Board's Finding: No = Bilodeau, LeFevre; Finn Aloi: '.Yes - Plew 3. Is the requested area variance substantial? Board's Finding: No. All agreed. 4. Will the proposed variance have an adverse : effect or impact -on the physical or environmental conditions in the neighborhood? Board's Finding: No - Bilodeau, LeFevre, Finn Aloi. Yes - Plew 5: Is. the alleged difficulty self-created? Board's Finding:. Yes. All agreed. A motion was made by Member John Finn to grant the area variance to allow for lots with an area less than allowed, as requested. The motion was. seconded by .Member LeFevre,. with the vote recorded as follows: Ayes: • Member Finn Nays: Chairman Plew Member Bilodeau Member LeFevre -Member Aloi Motion. passed. This becomes Action ##25 of 2015. ADJOURNMENT- At DJOURNMENT.-At 7:10 p.m., on a motion by Member Bilodeau, seconded by Member Finn, .with everyone present voting in the affirmative, the meeting was adjourned. r• J 'E. Fitch, Board Secretary Emailed to KS/KP, Bd. Members, JBF; BW, DD, TW & DC on 11/07/15. Page 4 of 4 D EC — 2 2015 ATTENDANCE SHEET JT-C—OR�TLA"V!LLE 4q:NING-M.-OF—APPEAltS WEETING OF (Your attendance is recorded in the meeting Minutes.) ,R-BRINffivig Name: Regarding: Complete Address: L%M 4 e- 4) I Von VAUqu Cori I , Vd b d L Or NOV -- 2015 TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS \�} Public Hearings/ Meeting Minutes - Tuesday, 29 September 2015 - 6:30 PM Town Hall Court Room - 3577 Terrace Road - Cortland, NY Board Members (*absent) Others Present David Plew, Chairman Bruce Weber, Planning/Zoning Officer John Finn Joan E. Fitch, Board Secretary Thomas Bilodeau Lenore LeFevre Joanne Aloi Applicants & Public Present Paul Stupke, Sr., Applicant; Brian Malchak & Attorney Dan Ellis for Garage on Delaware, LLC, Applicant; Charles M. Curley, Applicant; Garry & Maria Haraveth, John & Patricia Woodward, Rona Knobel, Paul Stupke, Jr., Gary Lyon, Marcus Bernardo, Kevin Pristach. The Public Hearings were opened at 6:28 p.m. by Chairman David Plew, who read aloud the Legal Notice as published in the Cortland Standard on 18 August 2015, 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 29, 2015 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 applications pursuant to the 1986 Zoning Law: 1. In the matter of the application of Garage on Delaware LLC for property located at 3676 Delaware Avenue, Tax Map No. 96.06-02-53.000, for a variance in the terms and conditions of Article V, Section 178-21, to allow for the conversion of a residential garage to a business use. 2. In the matter of the application of Paul Stupke Sr. for property located at 749 Stupke Road, Tax Map No. 95.15-03-08.000, for a variance in the terms and conditions of Article IV, Section 178-16 to allow for auto repair. 3. In the matter of the application of Charles Curley for property located at 989 Beechwood Lane, Tax Map No. 96.17-01-05.000 for a variance in the terms and conditions of Article V, Section 21 A (1) to allow for a single family dwelling 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. David Plew, Chairperson Zoning Board of Appeals (Note: Proof of Publication has been placed on file for the record.) Page 1 of 5 - - - - -- ----- - - NOV' 2015 31 Minutes - Public Hearings - (T) Cortlandville Zoning Board of Appeals 29 September 2015 PUBLIC HEARING # 1 Garage on Delaware, LLC, AviDlicant/Reputed Owner - 3676 Delaware Avenue - TM #96.06- 02-53.000 - Convert Residential Garage Into Business Use Chairman Plew recognized Attorney Dan Ellis, representing the applicant/owner who was seeking a use variance to change the use of an existing storage building to a car washing facility for use by its adjacent automobile repair shop. Attorney Ellis explained that the adjacent building has historically been used for storage of automobiles and equipment. The applicant proposed to use this residential garage building, which was purchased by the applicant and combined with the subject property, should be to wash, wax, and vacuum vehicles. There is currently space in front of the primary auto repair shop to do this, but if the use variance is granted, it would be less disruptive to the neighborhood to conduct this activity at the rear of the property in the existing building. PZO Weber explained that a use variance is required for the expansion of the auto repair business because the property is located in the R2 Zoning District which does not permit this type of use/expansion by right. Mr. Malchak stated he was currently working out of another location, and that if he was allowed to use the requested building, he would have a floor drain connected to the City sewer system. There would be no body work done, just detailing cars. Chairman Plew asked if there were any questions from the Board; there were none. Chairman Plew asked if there was anyone from the audience who wished to speak on this variance request; they were as follows: John Woodward - 22 Louise Drive - Lived here since 1985. This is residential area. Presented letter from Anthony Derado opposing variance (copy not supplied to Board Secretary). Property has tripled in size. Does new owner know it's non -conforming? Letter from Anthonv Derado (read aloud by Chairman Plewl_ - Opposes granting the variance. Concerned with increase in traffic. Concerned with additional noise and chemicals. Has heard loud music there before, engines revving, and squealing of tires. (Letter placed on file for the record.) Garry Haraveth - 24 Louise Drive - Lives two doors up from subject property. Thanked the owner for changing the colors of the building. This is a residential area, small neighborhood with small access. There's an elementary school and increasing the business is not good; children walking in area. This business takes away the value of his property. Thinks area will become less of an investment because of proposed expansion. It's noisy, except on Sundays when nobody works there. Does he or neighbor have to worry about security? More vehicles, more pollution in our neighborhood. Please consider denying the variance. With everyone heard who wished to be heard, Chairman Plew closed the Public Hearing at 6:45 p.m. DISCUSSION/DECISION ZBA Member Joanne Aloi then proceeded with the required questions (balancing test) for a use variance, with the responses being given by the ZBA members, as follows: 1. Can the applicant realize a reasonable return, provided that lack of return is substantial as demonstrated by competent financial evidence? Board's Finding: None. 2. Is the alleized hardship relatiniz to the property in question unique and does not apply to a substantial portion of the district or neijzhborhood? Board's Finding: None. Page 2 of 5 NOV 2015 32. Minutes - Public Hearings - (T) Cortlandville Zoning Board of Appeals 29 September 2015 3. Will the requested use variance, if -aranted, alter the essential character of the neighborhood? Board's Finding: Yes. All agreed. 4. Is the alleized hardship self-created? Board's Finding: Yes. All agreed. A motion was then made by Member John Finn to deny the requested use variance. The motion was seconded by Member Aloi, with the vote recorded as follows: Ayes: Chairman Plew Nays: None Member Finn Member Bilodeau Member LeFevre Member Aloi Motion passed. This becomes Action #26 of 2015. I PUBLIC HEARING #2 1 Paul Stuoke. Sr., Applicant/Reputed Owner - 749 Stupke Road - TM #95.15-03-08.000 - To Allow for Auto Repair Chairman Plew addressed the Board and advised them, "if you have looked at the property, - forget what you have seen, and we start all over. So just forget what is there now and we go { j from here." Chairman Plew stated that the application was for a use variance to conduct an auto repair business at this location, which currently operates as a towing business. He recognized the applicant, and then read aloud recommendation Items 9 and 10 of the Cortland County Planning Board's Resolution No. 15-20 of 16 September 2015. Mr. Stupke stated he had never received anything from the County, so was not familiar with their recommendations. He stated he had no restrictions on his current towing business, so how could the two be combined? PZO Weber explained that he was asking for a use of the property that is different from what is there now. The ZBA may include in the stipulation of this that the existing use be in conformance with the new use also. Chairman Plew offered Mr. Stupke the opportunity to take a copy of the County's report home to thoroughly review their recommendations and then come back before the Board next month. With everyone heard who wished to be heard, Chairman Plew closed the Public Hearing at 7 p.m. DISCUSSION/DECISION Chairman Plew then acknowledged Paul Stupke, Jr., who asked his father if he would like to comply with what has been recommended by County Planning, and Mr. Stupke, Sr., after reading the County's reports, stated he would. The Board then reviewed the County's recommendations with both Stupkes, one by one. There was an extensive discussion. At the conclusion of this lengthy discussion, a motion was made by Member Lenore LeFevre to grant the Use Variance, as requested, incorporating Items 1 thru 12 of the Cortland County Planning Board's Resolution No. 15-20 of 16 September 2015, with Item 9 limiting the number of vehicles to five; Item 10 limiting the hours of operation for the auto repair business from 7 AM to 5 PM, Monday thru Friday, and 7 AM to Noon on Saturdays; existing Page 3 of 5 NOV -- 2015 33 Minutes = Public Hearings - (T) Cortlandville Zoning Board of Appeals 29 September 2015 towing operation to operate 24/7; and Item 11 limiting the time period to 90 days that any vehicle without a current license and registration may be parked onsite. The motion was seconded by Member John Finn, with the vote recorded as follows: Ayes: Chairman Plew Nays: None Member Finn' Member Bilodeau Abstain: Member Aloi Member LeFevre Motion passed. This becomes Action #27 of 2015. I PUBLIC HEARING #3 1 Charles M. Curlev, Aviilicant/Charles M. Curlev & Debra A. Tucker, Reputed Owners - 989 Beechwood Lane - TM #96.17-01-05.000 - Sinele-Family Dwelling w/Height Greater than Allowed Chairman Plew recognized the applicant who was seeking an area variance to construct a new home which has a mean height of 32.55 feet, and the Town's Code specifies a maximum height . of 30 feet. The application was accompanied by numerous photos, maps, etc.. Chairman Plew asked Mr. Curley why he could not conform to the height requirement, and the applicant responded that he had discussed this with the architect who explained that it had a lot to do with the topography of the lot and the dwelling has a walk -out basement. The architect advised him that it would be $16,000 to re -design the roof and produce new plans. - Chairman Plew asked if there was anyone from the audience who wished to speak on this variance request; there was one who wished to do so, as follows: Marcus Bernardo of Walden Oaks Country Club - Mr. Curley's old house is the same height and has a hill behind it and borders the golf course. If the house was constructed "back on the hill" it would look odd from the street compared to all the houses around that corner. Proposed house will actually fit in with all the homes on Beechwood as far as total height. Three other homes have the same various. House next door to subject was also granted the same variance. With everyone heard who wished to be heard, Chairman Plew closed the Public Hearing at 7:08 p.m. DISCUSSION/DECISION With no further discussion, a motion was made by Member Tom Bilodeau that the area variance be granted as requested. The motion was seconded by Member Finn, with the vote recorded.as follows: Ayes: Member Finn Nays: Member Plew Member Bilodeau Member LeFevre Member Aloi Motion passed. This becomes Action 028 of 2015. ADJOURNMENT Page 4 of 5 -3 1� D EC - 2 2015 ATTENDANCE SHEET (T) 17 T.T,-V) -F _C�QRTLANDVILLK ZONING BD. OF APPEALS '(M�BT�ix—GQ� --- I (Your attendance is recorded in the meeting Minutes.) PIRINME Name: Regarding/: arding: 14AiM V ET/I cc C - It 1`1 a P 71YIAl / �► �� LQ), f f -C Complete Address: 41-V C -t- tl,-- ", ", �k-a�b LW C— 2 n kJ d- ST, Co P,. -VL -W 1), K J— 0 ,tern z,&— eA r-�-L16, e Ir, ,�7Z4-j�-N,YNQ-B-D.—OF"APPEALS Meeting Nov 1 c 2015 TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS Public Hearings/ Meeting Minutes - Tuesday, 27 October 2015 - 6:45 PM Town Hall Court Room - 3577 Terrace Road - Cortland, NY Board Members (*absent) Others Present David Plew, Chairman Bruce Weber, Planning/Zoning Officer John Finn Joan E. Fitch, Board Secretary Thomas Bilodeau John B. Folmer, Town Attorney Lenore LeFevre Joanne Aloi Applicants & Public Present Architect Brian Buttner Applicant; Greg Leach, Applicant; Art Bell, Benita DiPietro, Anne McLorn, Barb Leach, Debra Kabanuk, Pam Jenkins, Pat Leach, Linda & Larry Jones, Lesa Williams, Bob Martin. The Public Hearings were opened at 6:44 p.m. by Chairman David Plew, who read aloud the Legal Notice as published in the Cortland Standard on 16 October 2015, 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 29, 2015 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 applications pursuant to the 1986 Zoning Law: 1. In the matter of the application of Leach Properties, LLC for property located on Lorings Crossing Road, Tax Map Nos. 77.00-04-11.111 & 11.112, for a variance in the terms and conditions of Article Off, Section 178-36, to allow for the expansion of a junk yard. 2. In the matter of the application of Brian Buttner, ADR Associates, for property located at the intersection of Blue Creek Road & Cosmos Hill Road, Tax Map No. 76.00-07-03.000, for a variance in the terms and conditions of Article III, Section 178-14A, to allow for two two-family dwellings on a single lot, and a lot with an area 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. David Plew, Chairperson Zoning Board of Appeals (Note: Proof of Publication has been placed on file for the record.) Page 1 of 7 NGV _+ 0 2015 Minutes - Public Hearings - (T) Cortlandville Zoning Board of Appeals I PUBLIC HEARING # 1 27 October 2015 Leach Properties. LLC. Applicant/Suit-Kote Corp.. Reputed Owner - Lorinas Crossing Road - TM #s 77.00-04-11.111 & 112 - Expansion of Junk Yard As requested by Chairman Plew, PZO Bruce Weber read aloud the definition of a junk yard from the Code, as follows: A lot or building or part thereof used for collecting, storage, sale, recycling, salvage, or dismantling of discarded or unlicensed machinery, vehicles, appliances, paper, scrap, rags and similar discarded material, or for the sale or storage of parts thereof. Chairman Plew then recognized Greg Leach who, along with his wife Barbara, were the owners of Leach Properties, LLC, and also Leach's Custom Trash, and were seeking a use variance for an adjacent parcel (owned by Suit-Kote Corp.) in order to create additional access to his current transfer station, as well as to provide additional parking for his trucks behind the station. He displayed a framed, in -color aerial photo of his entire facility last September, which indicated a very neat layout of his property with no junk shown. The large center building, he explained, was a large transfer station permitted by the State of New York. He also explained the other buildings shown, along with the corporation's trucks, an eight -bay rental facility that has been there since purchase in 1984. Mr. Leach also explained that he rented the front portion of another building to a plumber and the rear part to his son who owns a landscaping business. He also indicated a parcel that he purchased another parcel on Route 13 that was overgrown; it was cleaned up and is now (after obtaining a variance) used by his son for landscaping materials. He stated he displayed the photo to show the Board that "when you say junkyard, you may have thoughts of that" but it is not a junkyard in that sense. Mr. Leach stated that what his corporation wants to do is purchase the subject parcels right behind them, as shown on the survey map he submitted, and put in a rear access off Lorings Crossing, fill in an area in the back, and relocate his equipment/vehicles, along with his son's, to this property. He also handed out a listing of his present employees (11), including five reasons that he needs the requested expansion. A copy of this listing has been placed on file for the record. November 1St will mark 39 years that Leach's Custom Trash has been in business. Mr. Leach explained that there are no unlicensed vehicles on his property, including his Brockway trucks which are his hobby and have historical plates; these are put inside one of the buildings during the winter. He also detailed the traffic pattern for his facility; having another access would be helpful. His business has grown and the use of the proposed property for trucks, vans, and equipment would change the flow of traffic and create a safer traffic pattern. The applicant stated he had approached Suit-Kote two years ago and, at that time, they were not interested in selling the property; now they are. Mr. Leach has had the properties surveyed. Chairman Plew asked if there was anyone from the audience who wished to speak on this variance request; they were as follows: Pam Jenkins - 4023 Collee�eview Drive - Read aloud her prepared statement, requesting that the Board ask specific questions of Mr. Leach. (A copy of the statement is attached to these Minutes.) The questions related to does he plan on seeking another permit to increase tonnage he can process, his discussions with the County, if any, regarding the use of his transfer station, and has he asked the County to purchase his facility to use as a proposed ash for trash transfer station. She spoke against granting of the variance because of the potential for flooding in an area not suitable due to the high level of groundwater, it's in Area 1 of the Ag Protection District. She also commented on previous permits granted to him by the Town, and the fact that he accepts trash from outside the County. She also brought up the fact that he has received permission from the Town to install a fuel storage tank inside one of his buildings even though there are gas stations nearby. Page 2 of 7 3� NOV 1 0 2015 Minutes - Public Hearings - (T) Cortlandville Zoning Board of Appeals 27 October 2015 _ Mr. Leach responded by reporting that he had received an email from Ms. Jenkins stating that "a hauler had called another hauler with the rumor that I'd sold out back in April. This is the kind of stuff I have to deal with—a rumor." He explained his operation and that he - is permitted to do so, 100%, legal. The other questions had nothing to do with the requested variance. He has not asked the County to purchase his facility with regard to ash for trash. He stated that over the past 39 years, the property has never flooded. The Cortlandville Planning Board approved his request for the inside fuel storage tank, it's documented, and Cortland Pump & Equipment professionally installed the double -walled tank today. Mr. Leach disputed the fact that his drivers can "run down the street" to fuel his trucks; he would pay 20� more per gallon of gas by doing so. Chairman Plew stated that the requested expansion is to create additional parking so his trucks/ equipment can be parked behind the station, and also to create an additional access to the transfer station via Lorings Crossing. Mr. Leach raised his voice and asked Ms. Jenkins why she was doing this and what her problem was. He told her that what she claimed was true, was a lie. Chairman Plew restored order. Lesa Williams - Cortland Sanitation - Asked if the applicant will process more tonnage in the winter. Opposes granting the variance. Mr. Leach again explained his business. With everyone heard who wished to be heard, Chairman Plew closed the Public Hearing at 7:06 p.m. DISCUSSION/DECISION The Board acknowledged receipt of the report/ Resolution from Cortland County Planning. Member Joanne Aloi asked the applicant if he could just leave the incoming trash right there on his existing site, and Mr. Leach responded that it must be removed within four .days; it does not stay on the site. Member Aloi commented that it was a very nicely run business and provides jobs for people. Member Tom Bilodeau commented that the site of his facility "looks nicer than some private homes." Member John Finn added that Mr. Leach runs a very good, tight business, and he had observed this when he visited the site unannounced. ZBA Member Joanne Aloi then proceeded with the required questions (balancing test) for a use variance, with the responses being given by the ZBA members, as follows: 1. Can the applicant realize a reasonable return, provided that lack of return is substantial as demonstrated by competent financial evidence? Board's Finding: Yes. The property he's acquiring is vacant land. All agreed. 2. 'Is the alleged hardship relating to the property in auestion uniaue and does not apply to a substantial portion of the district or neighborhood? Board's Finding: Yes. All agreed. 3. Will the reauested use variance, if granted, alter the essential character of the neighborhood? Board's Finding: No it will not. All agreed. 4. Is the alleged hardship self-created? Board's Finding: No. All agreed. Page 3 of 7 3.7 38 NOV 1 0 2015 Minutes - Public Hearings - (T) Cortlandville Zoning Board of Appeals 27 October 2015 A motion was then made by Member Finn to grant the Use Variance, as requested, to allow for expansion of a junk yard, incorporating Items 1 thru 8 of the Cortland County Planning Board's Resolution No. 15-30 of 21 October 2015. The motion was seconded by Member Aloi, with the vote recorded as follows: Ayes: Chairman Plew Nays: None Member Finn Member Bilodeau Member LeFevre Member Aloi Motion passed. This becomes Action #29 of 2015. I PUBLIC HEARING #2 1 Architect Brian Buttner dba ADR Associates, Avvlicant/Art Bell, Jr.. Revuted Owner - Lot 54. Blue Creek Road - TM #95.15-03-08.000 - To Allow for Two Two-Familv Dwellings on a Single Lot & Lot w/Area Less Than Allowed Chairman Plew recognized Mr. Buttner who was seeking a use variance to construct two single - story duplex dwelling units on a single 2.73± -acre property, as shown on the drawings accompanying the application. The units will be for seniors, or professional people. Public water is available, but each site will need its own septic system. Two drawings were submitted, one indicating the duplexes placed parallel and closer to Blue Creek Road (Proposal #1), and one indicating the duplexes staggered and farther from the road (Proposal #2). PZO Weber advised the Board . that the setbacks indicated meet the zoning requirements. Mr. Buttner stated he had met with the Health Department, and he will also prepare a Stormwater Pollution Prevention Plan. Chairman Plew, Mr. Bell, and the applicant discussed the reasons necessitating the placement of two dwellings on a single, non -conforming lot. Chairman Plew read aloud a 10/26/15 letter to the ZBA from Jamie Dangler of 1103 Wolf Road, asking that the Board deny the requested variance as she was concerned about maintaining sound land use to protect the environment into the future and ensure good quality of life for nearby residents. She understand that the subject property includes swampy areas and will require septic tanks, and is concerned with groundwater quality and flooding. She is not aware of any hardship considerations. She opposes granting of the use variance. Chairman Plew asked if there was anyone present who wished to comment on the proposed variance; there were, as follows: Anne McLorn - 1052 Blue Creek Road - Indicated that one of the proposed units will be within 15 feet of her driveway. Submitted to Chairman Plew a 102 -signature petition opposing granting of the requested variance because it would not be in keeping with the zoning. PZO Weber advised that one duplex is an allowed us. Ms. McLorn did not object to having one duplex containing two 3 -bedroom units on the lot. Pam Jenkins - 4023 Colleaeview Drive - Opposed granting of variance as land might not support private septic systems. Does not want high-density housing. Benita DiPietro - Blue Creek Road - Should not have two duplexes on that property. Was opposed to granting requested variance. Architect Buttner explained that what looks like a bedroom is actually not as it has no closet. It was designed this way because there is no basement and this closetless room is set up to be used Page 4 of 7 NOV 1Q.2015 Minutes - Public Hearings w (T) Cortlandville Zoning Board of Appeals 27 October 2015 as storage on the same level. Mr. Bell stated they could purchase additional :property; but seniors do not want a -large yard. He thought it was an appropriate use for the space. With everyone -heard who wished to be heard, Chairman'Plew closed the Public Hearing at 6A1 p.m. DISCUSSION/DECISION ZBA Member Jodnn& Aloi then proceeded with the required questions (balancing test) for a use variance, with the responses being given by the ZBA members, as follows:. 1. Can the av-plicant realize a reasonable return" provided that lack of return - is substantial as demonstrated by competent financial evidence? Board's Finding: No,. nothing Was demonstrated.. All agreed. 2. Is the alleged hardship relating to -the Dro-Dertv in auestion uniciue and 0 -Di:)Iv district or neiahborhooO does.n' t a to a substantial of the Board's Finding: No.. All agreed. 3.. Will the reauested use variance, if.eranted. alter the essential character. of the.neighborhood? Board's Finding:. Yes. All agreed. 4. Is the alleized hardship self-created? Board's Finding: No, Health Department requirement changed after purchase of the property. All agreed. ' A motion was then made. by Member: John Finn to deny the requested use variance. The motion was seconded by Member Bilodeau, with the vote recorded as follows: Ayes: Chairman-Plew Nays:, None Member Finn Member Bilodeau. Member LeFevre Member Aloi Motion passed. This becomes Action 430of 2015. - - ------- -------- ILADJOURNMENT--------------------------------- -- ----- ----- -------- -- ----- -- -- ----------- - -- -------- -------- ---------- ---------- ------------------- ------------ -- - ------ ------ At 7:45 p.m:., on a motion by Member Finn, seconded by Member Aloi, with everyone present: voting in the affirmative, the meeting was adj ourned. - jJE.'Fitch, Board Secretary Emailed to KS/KP; Bd. Members, JBF, BW, DD, TW &DC on 11/09/15. Attachment: Pam Jenkins' Statement Page 5 of 7 39 NQV � n Minutes - Public Hearings : (T) Cortlandville Zoning Boa ��'bf Appeals 27 October 2015 ATTACHMENT: Prevared'Statement Read Into Record by Pam Jenkins o- . ; ;Coach b panoion l0 2T ., Out BoaMd .Memberse. M ,Lea h:was: 'ranted-a';va fiance=to'zonin" `so thatAci could tiuildbis 9 A ransfer-station an e, has: in - " Ily 'expanded his business; since., cremen.y . . Please ask,Mr°Leach these;`questioiis6; - "< � 1 ``"' :f"' see '�ano her . - "errriitto <increase''=tle' nuntier�of: ,tons<ot _.; trash he can process VIPr.g►ear?' -- :Has MO-" Leach tie41n: in,a is ":discussions-vitptfi;`ttio county .regarding Y -kind of ;agreement #or the county use his transfer stat'ioi� `i`n; anyway Ttien; lease ask:Cortland'C''ou gty loj slatdt!!'tho' ifidiquestion . p, . Has.°M�. Leach..asked Gotland Count] to purchasehs expanding xE ...-.. .. facl from 'hin°for use as the Coun s ash';for:trasii` transfer statin tX'. . askin #or a,noi�=confo;` .X `1 g rming'use; expansion iii an area=that, is: not, -sui'table due to the high;level of groundwater, Area 1 of.;tlie Aq ; Protection;District 'tl%':ve" :real~oaten#gal. forfloodn' :with;the-:noacti :x river° . �in Mari -#o--7 499=toils`:'^ _ec.::ear;: an In' July 20:15; ke,sough- There`ape.:several `'a's£sta facPity. in,ben9 Hallowed;to-`rocess'5°s000:.tons =_ _ _ p . _ ectieg: ti ashrit m atilde'-Vottlana _-:' .............. pion fog: alk ` cellon fuel Stora a alike uv�thin „a,.sliort'distance: of his'exstg er'o feces of _: There is no_ iridicai6n of what,typeE-or=the.nu nb f;p equipment.the applicant would like:to place at the:expanded=facili.. F. The appli 0 clams; that ahere ,wili,:b ttie: oir no: incceasodlhk- e li trafi'c, but. ibis. is: -highly giestionable ' -. -continued on next page Page 6 of 7 y0 NOV i 0 2015 4 Minutes - Public Hearings : (T) Cortlandville Zoning Board of Appeals 27 October 2015. A.' planned 9. acre expansion ,�nnth. no plans to increase tonnage or ii tuck :traffic:Wlo is kidding wtt08 Mr Loachwants:':to°'ex and.ltis- lusiess`` "Tannin `:to rvost a;aot of P ..:, . money.:.wail Kis :next:;irequest bi fora=permit. to process even:more• trash in 601' ndv lle2- -Rari� Jenkins • -.4023: Coll6§00. w'Dhve: Cortland, `NY;113045:. Page 7 of 7 DEC -22015 ATTENDANCE SHEET (T) CORT-CANONIC-LES ZONING BD. OF APPEALS kMEETING_OF Z I� (Your attendance is recorded in the meeting Minutes.) PRINTE13> Name: 16dit G Regarding: Complete Address: .�� r � � � fee U `` iu e �`�� ' ✓,/� l �1-5gIZ- -73 O -k, '0 n�j av��O l�cc� %e/� C'� -� i%l�1`trLCG 1 FS3�t ►2T 13 tiar'f� (''ari/E�.aJ ;e4 (J Y. ✓V1 �� I�.v r� Ll c� 1 �o� HI JAN ?_ 1 2016 ---_ TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS Public Hearings/ Meeting Minutes - Tuesday, 1 December 2015 - 6:45 PM Town Hall Court Room - 3577 Terrace Road - Cortland, NY Board Members (*absent) Others Present David Plew, Chairman Bruce Weber, Planning/Zoning Officer John Finn Joan E. Fitch, Board Secretary Thomas Bilodeau John B. Folmer, Town Attorney Lenore LeFevre Joanne Aloi Applicants & Public Present Bobbie Fox, Applicant; Scott Whitmore for Gutchess Lumber, Applicant; Robert Marks(??) The Public Hearings were opened at 6:44 p.m. by Chairman David Plew, who read aloud the Legal Notice as published in the Cortland Standard on 19 November 2015, 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, December 1, 2015 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 applications pursuant to the 1986 Zoning Law: 1. In the matter of the application of Gutchess Lumber for property located on 3599 NYS Route 281, Tax Map No. 95.12-01-13.000, for a variance in the terms and conditions of Article XVIII Section 178-112, Table 1, to allow for a building mounted sign to be illuminated. 2. In the matter of the application of Bobbie Fox, for property located at the 1608 Oakcrest Street, Tax Map No. 96.36-01-10.000, for a variance in the terms and conditions of Article V, Section 178-21A(1) Bulk Regulations, to allow for a side yard 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. David Plew, Chairperson Zoning Board of Appeals (Note: Proof of Publication has, been placed on file for the record.) PUBLIC HEARING # 1 Gutchess Lumber Co.. Inc.. Auulicant/Reputed Owner - 3599 NYS Route 281 - TM #95.12- 01-13.000 - Illumination of Building -Mounted Sign Chairman Plew announced that he had no questions pertaining to this request for an area variance. He then recognized Scott Whitmore, representing the applicant who was seeking a variance to backlight a building -mounted sign as shown on the drawing/photos accompanying i r the application. The oval sign would face Route 281. Member Lenore LeFevre asked if the sign was going to be backlit for 24 hours; they did not intend to do this. Member John Finn advised that the Board usually limits the illumination of signs, e.g., turned off at 10 a.m. Mr. Whitmore Page 1 of 3 JAN 9 1 2016 Minutes - Public Hearings - (T) Cortlandville Zoning Board of Appeals 1 December 2015 stated that they would do whatever the Board requested. He also added that they plan on removing the "old post" that used to be there. Chairman Plew asked if there was anyone present who wished to speak regarding the requested variance; there was no one. With everyone heard who wished to be heard, Chairman Plew closed the Public Hearing at 6:49 p.m. DISCUSSION/DECISION A motion was then made by Member Finn to grant the Area Variance, as requested, to allow for the illumination of a building -mounted sign, as requested, with illumination to be turned off after 10 p.m. The motion was seconded by Member Tom Bilodeau, with the vote recorded as follows: Ayes: Chairman Plew Nays: None Member Finn Member Bilodeau Member LeFevre Member Aloi Motion passed. This becomes Action #31 of 2015. PUBLIC HEARING #2 Bobbie C. Fox, Applicant/Reputed Owner - 1608 Oakcrest Street - TM #96.36-01=10.000 - Side Yard Less Than Allowed Chairman Plew recognized the applicant who was seeking an area variance to construct a 12 ft. by 24 ft. carport on her property, as shown on the drawing accompanying the application. Ms. Fox stated she could not locate the proposed carport back on her lot any farther, to conform to the setback requirements, because of the location of the septic tank/leach field. The setback requirement from the side is 9 feet, and there's 5 feet as proposed. She stated that the adjacent neighbor, Mr. Henry, had reviewed what she wanted to do and had no problem with it. Chairman Plew asked if there was anyone present who wished to comment on the proposed variance; there were none. With everyone heard who wished to be heard, Chairman Plew closed the Public Hearing at 6:41 p.m. DISCUSSION/DECISION A motion was then made by Member Bilodeau to grant the requested area variance to allow for a side yard less than allowed. The motion was seconded by Member LeFevre, with the vote recorded as follows: Ayes: Chairman Plew Nays: None Member Finn Member Bilodeau Member LeFevre Member Aloi Motion passed. This becomes Action #.32 of 2015. Page 2 of 3 43 JAN? 1 2016 Minutes - Public Hearings - (T) Cortlandville Zoning Board of Appeals 1 December 2015 APPROVAL OF MINUTES A motion was made by Member Finn to approve the Minutes of the ZBA Public Hearings held on 28 July, 25 August, 29 September, and 27 October. 2015, as submitted. The motion was seconded by Member LeFevre, with the vote recorded as follows: Ayes: Chairman. Plew . Nays: None Member Finn Member Bilodeau Member LeFevre Member Aloi Motion passed. This becomes Action #33 of 2015. OTHER BUSINESS Garage on Delaware. LLC. Applicant/Reputed Owner - 3676 Delaware Avenue- TM #96.06- 02-53.000 - Request for Re -Hearing Town Attorney John Folmer advised that he had received a letter from Attorney William Pomeroy regarding an application to convert a residential garage into a business use as heard by this Board on 29 September 2015. Thi&variance -was denied. Attorney Folmer read aloud the letter which requested a re -hearing of this application, as additional information is now available. After considerable discussion; a ''motion was made by .Member. Finn that ' the Town of Cortlandville Zoning. Board of Appeals,agrees to re -hear the Use Variance request to convert J a residential garage into a business use, as requested by Attorney William Pomeroy. The motion was seconded by.:Member.LeFevre, _with the -vote recorded as follows: Ayes: Chairman Plew Nays: None Member Finn . Member Bilodeau Member LeFevre - Member Aloi Motion passed. This becomes Action #34 of 2015. ADJOURNMENT At 7:15 p.m., ori a motion by Member Bilodeau, seconded by Member Joanne Aloi; with everyone present voting in the affirmative, the meeting was adjourned. e J E. Fitch, Board Secretary Page 3 of 3 Emailed to KS/KP, Bd. Members, JBF, BW, DD, DC on 1/21/16. ATTENDANCE SHEET j,(T)7-CoRTLANDy-:iU�F,,, kZONING,BD.0 FAPPEALS (Your attendance is recorded in the meeting Minutes.) s05-PRINT-E.1,D* Name: Regarding: Complete Address: V (,'ems (:7,4 I`fl, ZONING BD. OF APPEALS Meeting Only 45 JANE 2016 TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS Public Hearing/Meeting. Minutes - Tuesday, 29 December 2015 - 7 PM Town Hall Court Room - 3577 Terrace Road - Cortland, NY Board Members (*absent) Others Present David .Plew, Chairman Bruce Weber, Planning/Zoning Officer John Finn Joan E. Fitch, Board Secretary Thomas Bilodeau John B. Folmer, Town Attorney Lenore LeFevre Joanne Aloi Applicants & Public Present David Sanford, Applicant; John Sanford, Trudy Segovis. The Public Hearing was opened at 7 p.m. by Chairman David Plew, who read aloud the Legal Notice as published in the Cortland Standard on 17 December 2015, 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, December 29, 2015 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 David & John Sanford for property located on 3303 US Route I1, Tax Map No. 108.00-01-02.200, for a variance in the terms and conditions of Article III, Section 178-11, to allow for a car lot and woodworking shop. TjThe above application is open to inspection at the office of Bruce A. Weber, Planning 8v 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 David Sanford, Applicant/Reputed Owner - 3303 US Route it - TM #108.00-01-02.200 - Use Variance for Car Lot & Woodworkine Shop Chairman Plew recognized the applicant who was requesting a Use Variance to conduct a used automobile sales business and a woodworking shop at this location. Mr. Sanford stated he owned a roadway escort service and also would like to keep his escort vehicles parked at this location. Chairman Plew asked the applicant to explain his hardship to the Board if the requested variance was denied. Mr. Sanford responded that there was no other use for the property. He has owned the property a couple of years, having purchased it through foreclosure/ auction. No one lives there. It was previously a bar. Member John Finn commented that there were a lot of cars parked there. Mr. Sanford stated they were all his vehicles and he was presently using the building for storage; he didn't want to park them in front of his Blodgett Mills house. Page 1 of 4 JAN?12016 Minutes - Public Hearing - (T) Cortlandville Zoning Board of Appeals 29 December 2015 Chairman Plew asked if the parked vehicles were licensed; Mr. Sanford stated one is." He added that he "needed to clean them up." Member Joanne Aloi asked what his purpose was for purchasing the property; he stated it was to "park my escort vehicles and my trucks there." In response to Member Tom Bilodeau's question, the applicant stated he stored "stuff and tools" inside the shop. Chairman Plew asked about the woodworking shop, and David Sanford replied that was going to be used by his brother, John, who does woodworking offsite. He performs "handyman" work offsite and wants to store his materials there. Chairman Plew then read aloud an undated letter from Robert Cornell (owner of property "next to them"), as follows: "To who it may concern - variance for wood shop & car lot. I have no problem with the wood shop if you decide to give it to them but the car lot I do. They have been working on cars over there and have notice that stuff is thrown over the bank have no clue where there putting oil antifreeze tires have been put on our property and are still there. I don't believe this to be a good idea and would not like to see it." Signed by: (illegible), Representing Robert Cornell, owner of property next to them. Original letter has been placed on file for the record. The applicant responded that he has never thrown anything over the bank and had no idea about this. Member LeFevre asked about the woodworking shop and if it was going to be a business. John Sanford responded it was mostly for storage of materials used on his jobs. She then asked if they were going to have a land survey completed to shown the property lines in relation to the US Route 11 right-of-way as this was one of the concerns indicated in the Cortland County Planning Department's report of 16 December 2015. Chairman Plew then read aloud the County Planning Board's recommendation for denial of the application as contained in their Resolution No. 15-36 of 21 December 2015, a copy of which has been placed on file for the record. The recommendation for denial was based on (1) there being no survey map submitted to verify distances, and (2) failure to submit any written narrative explaining the hardship required for granting a use variance along with details regarding the proposed businesses, number of parking spaces, and hours of operation. The County also stated that "a map overlaying the tax map property lines on the aerial photo for the site indicates that the right-of-way for US Route 11 actually bisects the existing building on .the site and, therefore, all of the vehicle display area would be within the right-of-way for US Route 11." Chairman Plew added that he had visited the subject property and it looked like a junkyard. He asked the applicant if he was going to clean it up. The applicant responded that "part of it I can't because someone shot out windows (of the vehicles) so I gotta wait `til that is taken care of." With regard to a survey map, Mr. Sanford stated he did not have one when he purchased the property as he had a Quit Claim Deed, and was not aware of the alleged right-of-way problem. He may now have an argument with the Assessor regarding its assessed valuation if there's no use for the property. PZO Weber also commented that the applicant would need approval from the NYS Department of Transportation to park in the right-of-way. Without determination of the ROW's location, the ZBA is at a loss as to make an assessment as to the application. Town Attorney Folmer commented that it sounded to him like neither the Board nor the applicant has the information that is needed in order to make a determination. He suggested that the Board could close the Public Hearing and postpone the matter, giving the applicant enough time to provide the information to comply with what the County Planning Board says is lacking. Chairman Plew asked if there was anyone present who wished to speak regarding the requested variance; there was no one. i F With everyone heard who wished to be heard, Chairman Plew closed the Public Hearing at 7:17 p.m. Page 2 of 4 q� JA N -` 1 2016 Minutes - Public Hearing - (T) Cortlandville Zoning Board of Appeals DISCUSSION/DECISION 29 December 2015 After a brief discussion, a motion was made by Member Bilodeau that consideration of the requested Use Variance to allow for a car lot and woodworking shop is postponed until such time as the applicant needs to obtain the necessary information. The motion was seconded by Member Aloi, with the vote recorded as follows: Ayes: Chairman Plew Nays: None Member Finn Member Bilodeau Member LeFevre Member Aloi Motion passed. This becomes Action #35 of 2015. I EXECUTIVE SESSION I At 7:23 p.m., a motion was made by Member Finn to recess the regular meeting/Public Hearing and go into Executive Session to discuss pending litigation. The motion was seconded by Member Bilodeau, with the vote recorded as follows: Ayes: Chairman Plew Nays: None Member Finn Member Bilodeau Member LeFevre Member Aloi Motion passed. This becomes Action #36 of 2015. At 7:30 p.m., motion was made by Member Aloi to come out of Executive Session to discuss pending litigation and reconvene the regular meeting. The motion was seconded by Member Finn, with the vote recorded as follows: Ayes: Chairman Plew Nays: None Member Finn Member Bilodeau Member LeFevre Member Aloi Motion passed. This becomes Action #37 of 2015. Page 3 of 4 q1 JAN ? 2016 �g Minutes - Public Hearing -- (T) Cortlandville Zoning Board of Appeals 29 December 2015 r Leach Properties. LLC. Applicant/Suit-Kote Corp.. Reputed .Owner - Lorines Crossing Road - TM #s 77.00-04-11.111 & 112 - Expansion of Junk Yard A motion was made by Member Finn that the Town of Cortlandville. Zoning Board of .Appeals agrees to re -open and re-examine this application at its February meeting to allow for the.: expansion of a junk yard.. The motion was seconded by Member Aloi, :with the vote recorded as follows: Ayes:. Chairman Plew Nays: None Member Finn Member Bilodeau Member LeFevre Member Aloi Motion passed. This becomes -Action 438 of 2015. ADJOURNMENT At 7:32 p.m., on a motion by Member Finn, seconded by Member. LeFevre, with everyone present voting in the affirmative, the meeting was adjourned. { J E. Fitch, Board Secretary Emailed to KS/KP, Bd. Members, JBF, BW, DD, DC on 1/21/16, Page 4 of 4 ATTENDANCE SHEET (T):CoRTLArrn= ZONING BD._OF APEAI:S 7-J25-1 (Your attendance is recorded in the meeting Minutes.) PR�I�NTE Name: Regarding: Complete Address: I1 Moc-6Son 5 � r-,)Av r� O %?oy Sy l��ac15 f' k-`%.� I