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HomeMy WebLinkAbout2014INDEX OF ACTIONS - 2014 (T)CORTLANDVILLE ZONING BOARD OF APPEALS J 1. -MEETING PAGE DATE ACTION NO. DESCRIPTION NO. 1/28/14 1 JOHN MONTAGNE, APPLICANTM/ILLIAM PORTER, REPUTED OWNER - 1094 NYS Route 222 - TM #86.13-01-54.000 - Based on the findings/balancing test, the requested variance is GRANTED for (1) the directional signs without the requested o1 logos, and (2) the three (3) building -mounted signs, "which are to be illuminated until 10 p.m. when they are to be turned off. 2 APPROVED MINUTES OF 12/17/13 ZBA MEETING, as submitted. Joa . itch, Board Secretary CDEmailed copy to: Karen/Kris, TB, JF, TA, JBF, BW, TW & DC on 1/29/14. JEF INDEX OF ACTIONS - 2014 (T)CORTLANDVILLE ZONING BOARD OF APPEALS ;MEETING PAGE DATE ACTION NO.. DESCRIPTION NO. 2/25/14 3 JOHN DeIVECCHIO, APPLICANT/REPU'TE'D OWNER - 4030 NYS Rte.. 281 - TM. #86.09-01-40.000 -: Public Hearing held & closed, with decision POSTPONED until 25 March 2014 ZBA meeting. 4-- - APPROVED MINUTES OF 1/28/14 ZBA MEETING, as. submitted: r " a t�i Joa itcfi,'Boar=dfSecre�f-arjr Emailed copy to: Karen/Kris, TB, JF, TA, JBF, BW, TW & DC on 2/26/14. JEF 03 M I INDEX OF ACTIONS - 2014 (T)CORTLANDVILLE ZONING BOARD OF APPEALS IIEETING PAGE DATE ACTION NO. DESCRIPTION N.O. 3/25/1.4 5 JOHN DeIVECCHIO, APPLICANT%REPUTED OWNER - 4030 NYS Rte.. 281 - TM #86.09-01-40.000 -- Public Hearing held & closed regarding sign variance, with appeal forwarded to County Planning=for their review. 06 6 . APPROVED MINUTES OF 2/25/14 ZBA MEETING, as submitted. W. Joa itch, Boird'Sicirefi cy Y - Emailed copy to: Karen/Kris, TB, JF, TA, JBF, BW, TW & DC on 3/26/14. JEF i INDEX OF ACTIONS - 2014 (T)CORTLANDVILLE ZONING BOARD OF APPEALS _nnEETINGI PAGE DATE ACTION NO. DESCRIPTION I NO. 4/8/14 7 JOHN DeIVECCHIO, APPLICANT/DeIVECCHIO FAMILY LLC, REPUTED SPEC. OWNER - 4030 NYS Rte. 281 - TM #86.09-01-40.000 - Based on the information MTG. and analysis of the SEQR concerning this application for a proposed Area 09 Variance for a sign, the Town of Cortlandville Zoning Board of Appeals has determined that the proposed action will not produce any significant adverse environmental impact, resulting in a Negative Declaration. JOHN DeIVECCHIO, APPLICANT/DeIVECCHIO FAMILY LLC, REPUTED OWNER - 4030 NYS Rte. 281 - TM #86.09-01-40.000 - Variance GRANTED for I 16 -ft. high sign: (1) being 6 ft. from the ground, (2) existing sandwich board to be removed, (3) sign area to be kept clear from shrubs, plantings, etc., at all times, and (4) no parking allowed by the sign. Joa r'Fritch, Board Se cre ary Emailed copy to: Karen/Kris, TB, JF, TA, LL, JBF, BW, TW & DC on 4/10/14. JEF INDEX OF ACTIONS - 2014. (T)CORTLANDVILLE' ZONING BOARD OF APPEALS / "-MEETING PAGE h, DATE ACTION NO. DESCRIPTION NO. 5/27/14 9.: CODY S._.SWEET, APPLICANT/NANCY ELLISON-SWEET, REPUTED.OWNER - 481 NYS Route 222 -STM #95.00-01-06.000 - Variance to allow two homes on a single lot POSTPONED until 24 June 2014 to: allow applicant time to provide 12 requested information. - J 10 RICHARD T. WILK, APPLICANT/REPUTED ,OWNER - 3116.Pendleton Street Ext. 107.00--01-17.200: - Variance GRANTED to allow for vehicle repair and car. sales, conditioned upon property'being kept neat and orderly; and ,with a maximum y of ten vehicles for repairs/sale allowed on the lot at one time: 11 MIKE McKINNEY, APPLICANT/LISA REITANO, REPUTED OWNER - 1233 Louise Drive = TM 96.06=02-43.000 - Variance request to for a front yard less than 15 allowed POSTPONED until 24 June 2014 to have applicant/rep present. 12 -APPROVED ZBA MINUTES OF THE 4/29114 meeting, as submitted. E14 - f��l Joa itch, Board Secretary Emailed copy to: Karen/Kris-, TB, JF, TA, LL, JBF, BW, TW & DC on 5/27/14. JEF INDEX OF ACTIONS - 2014 (T)CORTLANDVILLE ZONING BOARD OF APPEALS MEETING PAGE DATE ACTION NO. DESCRIPTION " N.O. i "6/24/1.4 13 MIKE McKINNEY, :APPLICANT/LISA REITANO, REPUTED" OWNER - 1233 Louise Drive - TM 96.06-02-43.000 - Variance GRANTED for a front yard less 7 than allowed, as requested. FOR INFO USED CAR KING,.LLC, REPUTED OWNER - 3861 MYS Route 281 - TM #86.17 - ONLY" 01-11.100 - (T)' Cortlandville ZBA listened to Attorney Mike Shafer's alternatives for LICK to solve their "green space" problem. NO ACTION TAKEN. 14 TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS adopts the interpretation of PZO. Bruce Weber as to how baseline density is determined L g for all Districts. 15 ICON, APPLICANT/ - (Walgreen's) 3948 NYS Route 281 - TM #86.13-01- 49.000 - Variance DENIED to allow for a greater number of building -mounted signs Zo and for the illumination of a building -mounted sign. Joa ;i Cc-6,Board Secrefa'y Emailed copy to: Karen/Kris, TB, JF, TA, LL, JBF, BW, TW & DC on 6/25/14. JEF } _MEETING DATE ACTION NO.. 7/29/1.4- 16 INDEX OF ACTIONS - 2014 (T)CORTLANDVILLE-ZONING BOARD OF APPEALS PAGE I DESCRIPTION NO. SAMUEL G. FISH, JR., APPLICANT/REPUTED OWNER - 1045 NYS Route 222 - TM #86.13-01-37.100 ;-Variance GRANTED to allow for two dwellings:6n a single parcel, as requested, conditioned upon (1) compliance with. Property Maintenance Code and (2) any unlicensed, uninspected vehicles need to be kept out of sight. : Y i Joaitch, Board Secre ary Emailed copy to: Karen/Kris, TB, JF, TA, JBF, DD, BW, TW & DC on 7/30/14. JEF 17 JANELL'E MARKS; APPLICANT/REP.UTED OWNER - 4203 Sweeney Road = TM #85.00-08-20.000 -Variance GRANTED to allow for a front yard less than allowed, as requested. _ 7):. 18 JOHNATHAN .BURK, APPLICANT/REPUTED OWNER. - 3687 McGraw -Marathon Road - TM #99.00-01-07.000 - Variance GRANTED to allow_ for a front yard less than allowed, as requested. 19: JASON :ARNOLD, APPLICANTMASON & FELICIA ARNOLD, :REPUTED OWNERS -.4334 Meadow Lane = TM 06.14-01-42.000 - Variance GRANTED to allow fora front yard less than allowed, as requested. 20: GLENN J. EVANS, APPLICANT/NEW APOSTOLIC CHURCH, 'REPUTED . OWNER .= 1307 Starr Road - TM #96.11--01-10.000 - Negative Declaration - eclarationunder:SEQRA. under SEQRA. 21 :GLENN 'J. EVANS, APPLICANT/NEW APOSTOLIC CHURCH, REPUTED. OWNER -130 ' 7 Starr Road - TM #96.11--01-10.000 - ZBA decision POSTPONED until Reputed wner provides competent financial evidence required to support a hardship.. 22 J. LEE AMBROSE, APPLICANT/REPUTED OWNER - 1199 DaVinci.:Drive - TM #7600-02-13.000 - Variance GRANTED to allow for a storage building on a parcel. as requested. 23 ROBERT FELT, APPLICANT/REPUTED OWNER - 3993 Northway Drive - TM = #85:16-01-14.000 =Variance GRANTED to allow for a storage shed with a front yard less than. allowed, as requested. 24 APPROVED MINUTES OF 6/24/14 ZBA MEETING, as submitted. : Y i Joaitch, Board Secre ary Emailed copy to: Karen/Kris, TB, JF, TA, JBF, DD, BW, TW & DC on 7/30/14. JEF INDEX OF ACTIONS -"2014 (T)CORTLANDVILLE ZONING BOARD OF APPEALS ` MEETING PAGE DATE'ACTION NO.. DESCRIPTION NO. .8/26/14 25 TAMMY L. THOMAS, APPLICANT/REPUTED OWNER - 4271 NYS Route 281 TM #76.18-01-23.000 = Granted a Re -Hearing of Variance that was denied on 1 3 December 2009 (#29) to allow for retail sales in an R-1 District. 26-1 GLENN J. EVANS, APPLICANT/NEW APOSTOLIC CHURCH, REPUTED OWNER - 1307 Starr Road - TM #96.11--01,10.000 - Based on the.information 3 provided for the previous meeting and the hew information provided at this meeting, the hardship has not been -self-created. 26-2 GLENN- J. EVANS, APPLICANT/NEW . APOSTOLIC CHURCH, REPUTED OWNER 1307 Starr Road - TM #96.11--01-=10.000 - Use variance GRANTED for 33 . - community woodworking shop, as requested: 27 APPROVED MINUTES OF 7/29/14 ZBA MEETING/HEARINGS, as submitted. 3 �4 Joa' itch, Boa�d'Secrefaiy Emailed copy to: Karen/Kris, TB, JF, TA, JBF, DD, BW, TW & DC on 8/27/14. Revised and re -sent on 10/28/14. JEF INDEX OF ACTIONS - 2014 - (T)CORTLANDVILLE ZONING BOARD OF APPEALS MEETINGJAC-TIONNO. I DESCRIPTION' PNO.E DATE 9/30/1.4 28 TAMMY L. THOMAS, APPLICANT/REPUTED OWNER - 4271 NYS Route 281 = TM #76.18-01-23.000 Variance GRANTED to allow for retail sales in an R-1 3� District, as requested. 29 MICHAEL COLLYER, APPLICANT/REPUTED OWNER - 3651 Fairview Drive. - TM #95.11-01-22.000 - Variance GRANTED for side yard less than :allowed, as 37 requested. 30 T.J. SIGN SOLUTIONS, - APPLICANT/DAVID YAMAN REALTY SERVICES, REPUTED OWNER - 839 NYS Route 13 - TM #95.00-10-4.000 - Variance 3g GRANTED for the illumination of a building -mounted sign, with illumination to be . turned off at 10 PM. 31 . ANDRZEJ KOLUT, APPLICANT/REPUTED OWNER - 4339 Alexandria Drive - TM #76.18-01-16.000 - Variance request for a side yard less than allowed 38 POSTPONED until next ZBA.meeting in order to allow applicant/representative to be present. 32 CODY S. SWEET, APPLICANT/NANCY ELLISON-SWEET, REPUTED OWNER - 481 NYS Route 222 - TM #95:00-01-06.000 - Variance to allow two homes on a 39 single lot DENIED based upon Board's 5/27/14 (Action #9) request to provide additonal information. Joaw Fitcfi. Board 99 e ary Emailed copy to: Karen/Kris(,TTB, JF, TA, JBF, DD, BW, TW & DC on 10/1/14. (R) JEF i" ' DEC 1 5 ?014 INDEX OF ACTIONS - 201._4 (T)CORTLANDVILLE ZONING BOARD OF APPEALS MEETING � � PAGE DATE ACTION NO.. � DESCRIPTION NO 11/25/14 33- ALLIED SIGN COMPANY, APPLICANT/DMK DEVELOPMENT-CORTLAND LLC;. REPUTED OWNER = 706 NYS Route.13 - TM #105.00-01-49.110 - Variance yD GRANTED for the: illumination of a' building -mo' sign, with illumination to be turned off one liour after closing. 34 ANDRZEJ KOLUT; APPLICANT/REPUTED OWNER - 4339: Alexandria_ Drive. - TM #76.18-01-16.000 - Variance GRANTED fora side yard -less than allowed, as 41 requested. 35 ZBA' INTERPRETATION - RAY PETRUZZI. REPUTED OWNER _ 2305 .Blodgett Mills Road -. TM :#97.04-02=34.000 - The Town of Cortlandville,;Zonin.g Board of L4 Appeals AGREES with the Town's Planning/Zoning Officer' that the. subject property.should be classified as a single-family residence. 361 -APPROVED MINUTES OF 9130114 ZBA.MEETING/HEARINGS, submitted. .as 3 r Joa rtch- , 13oard* ecretany ` Emailed copy to: Karen/Kris, TB, JF, TA, JBF, DD, BW, TW & DC on 12/1/14. (Rev. & re -sent on 12/14/14 to add #36). JEF J INDEX OF ACTIONS 2014 (T)CORTLANDVILLE ZONING BOARD OF APPEALS MEETING PAGI ACTION NO. 1 DESCRIPTION I NO.E DATE -- I 12/30/14 37 SCOTT WALTER, APPLICANT/REPUTED OWNER - 4367 NYS Route 281 - TM _ #76.14-01-59 - Based on public testimony, supporting documentation, ZBA y,,.f, findings, and no demonstrated hardship, the requested use variance to allow for an additional single-family dwelling unit is DENIED. 38 APPROVED MINUTES OF 11/25/14 ZBA MEETING, as submitted.. 4( JoaryAl tcli, Board Secreary Emailed copy to: Karen/Kris, TB, JF, TA, JBF, DD, BW, TW & DC on 1/2/15. JEF 01 P€�i .i 0 2014 TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS Public Hearing/Meeting Minutes - Tuesday, 28 January 2014 - 7 PM Town Hall Court Room - 3577 Terrace Road - Cortland, NY Board Members (*absent) David Plew, Chairman John Finn Thomas Bilodeau David Alexander Thomas Aloi Applicants & Public Present John Montagne, Applicant; Ray Trotta. 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 13 January 2014, as follows: Notice is hereby given that a Public Hearing before the Zoning Board of Appeals of the Town of Cortlandville will be held Tuesday, October 29, 2013, 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 John Montagne for property located at 1094 NYS Route 222, Tax Map No. 86.13-01-54.000, for a variance in the terms and conditions of Article XVII, Section 178-111B & 112, Table .1, to allow for a greater number of signs, signs closer to property line, and building - mounted sign to be illuminated. 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 John Montagne, Applicant/William Porter. Reputed Owner - 1094 NYS Route 222 - TM #86.13-01-54.000 - Signs IChemung Canal Trust Co.1 Chair Plew recognized the applicant who was seeking a variance to allow for a greater number of signs, signs too close to property line, and the illumination of a building -mounted sign. A complete description/ depiction accompanied the application. PZO Weber explained further that there was an additional building -mounted sign that was proposed to be illuminated, and all of the entrance signs contained the Chemung Canal Trust Co. logo (which makes each one of them a sign). The existing exit/entrance signs have no logo, and are considered directional signs which are no problem. The applicant is proposing to add the bank's logo to these, which makes them "a sign." The Board thoroughly discussed all of the proposed signs. Chairman Plew stated that the logos did not need to appear on the directional signs. Member Tom Aloi stressed that any illuminated sign should be turned off no later than 10 p.m. Member John Finn questioned one of the "Do Not Enter" signs which he thought was confusing. Page 1 of 2 FEB .1 8 2014 Minutes - (T) Cortlandville Zoning Board of Appeals. 28 January 2014 .. With everyone having been heard who wished to be heard, Chair Plew closed the Public Hearing of 7:09 p.m. DISCUSSION/DECISION Chairman Plew stated that, if granted, .the variance should include turning off the illuminated signs at 10' p, in. He thought the directional signs were okay, but- the logo- was not needed. Member Aloi agreed,- as' did the other Board members. With no further discussion, a motion was made by Member Tom Bilodeau to grant a variance for. the directional signs without the requested logos; and the three building - mounted signs, which are to be illuminated until 10 p.m. when they are to' be turned. off.: The motion was seconded by Member John Finn, with the vote being.recorded as follows: Ayes:-. Chairman Plew. Nays: None. Member Finn Member Bilodeau Member Alexander' Member Aloi Motion passed. This becomes Action. # 1 of 2014.. APPROVAL OF MINUTES 17 DECEMBER 2013 A motion was made by Member Bilodeau to -approve- the Minutes of the 17 December 2013 meeting of this Board, as .submitted. The motion was seconded:by Member Finn, with the vote recorded as follows: Ayes: Chairman Plew Nays: None Member Finn Member Bilodeau Member Alexander Member Aloi Motion passed. ...This becomes Action #2 of 2014. ADJOURNMENT At :7:17 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 E_ --mailed. to KS/KP & TB; TA, JFinn, JFolmer, BW; TW & DC on 2/14/14. 1 , Page 2 of 2 MAR 2 6 2014 s ATTENDANCE SHEET (ORTLANDVILLEl EZONING—BU. O PPEAI O MEETING OF (.You__ r�attendanee is'recorcied`in the�meetinig nut`e j� �rP2I _ Name: Regarding: - Complete Address: 7 q 7'-; f 6 A CR& -M Alf" .,r ate, mAs e__ PRINTYOUR NA M E r t Z¢ONINGt BDS._ - ,O-0F`0MPPALM eena ply MAR" 1 0 2014 TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS Public Hearing/Meeting Minutes - Tuesday, 25 February 2014 - 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 Folmer, Town Attorney Thomas Aloi Vacant Applicants & Public Present John DelVecchio, Applicant; Walter Priest, Joe Sovocool, Lenore LeFevre. 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 12 February 2014, 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, February 25, 2014, at 7 p.m. at the Raymond G. Thorpe Municipal Building, 3577 Terrace Road, in the Town of Cortlandville, New York to consider the following applications pursuant to the 1986 Zoning Law: 1. In the matter of the application of John DelVecchio for property located at 4030 NYS Route 2812, Tax Map No. 86.09-01-40.000, for a variance in the terms and conditions of Article XVIII, Section 178-111B & 112B, Table 1, to allow for a sign with a height greater than allowed and closer to property r 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 John DelVecchio, Applicant/DelVecchio Family LLC, Reputed Owner - 4030 NYS Route 281 - TM #86.09-01-40.000 - Sian Chair Plew asked PZO Bruce Weber to explain to the Board the email just received this afternoon from Eileen Moore of the NYSDOT Office of Right of Way regarding "NYSDOT Acquisition Map 197, Parcel 229 - DelVecchio Family LLC." Attached to this memo was a copy of a portion of the subject tax map which indicated "a proposed temporary easement that the NYSDOT plans to acquire in conjunction with the pending reconstruction of NYS Route 281 in this area." PZO Weber reported that he had received a call from Ms. Moore, this date, regarding the ROW line on the DelVecchio application, and that the map submitted by Mr. DelVecchio did not appear to be consistent with the State DOT map showing the existing highway boundary line. The NYSDOT had concerns with the location of the sign which they outlined in their email: Member John Finn asked what was inconsistent, and PZO Weber responded that if the proposed sign was placed as indicated, it would be within the right-of-way; also, the sight Page 1 of 3 6� NIP': 1 0 2014 Minutes - (T) Cortlandville Zoning Board of Appeals 25 February 2014 distances associated with the proposed realignment at Crestwood Court. As indicated in their email, they are strongly opposed to the applicant's request in its present form. Chairman Plew then asked if there were any comments from the public; there was one: Walter Priest - Family Health Network - This facility is located at the NE corner of Crestwood Court and NYS Route 281. He stated he was concerned only from a visibility standpoint, especially in the winter. FHN patients would have their view obstructed when exiting Crestwood Court onto Route 281 if sign erected as proposed. Chairman Plew then recognized the applicant who stated that the map he submitted was the map provided by the NYSDOT. The highway, he said, is not going to be widened on his side of the road, but on the opposite side (west). He stated that he complies with the 15 -foot setback, and is confused as to why the map just received is different from the map submitted with his application. PZO Weber showed him the map just received which indicated a dotted line that did not appear on Mr. DelVecchio's map. PZO Weber asked the applicant if his application tonight is different from the application he originally submitted because Mr. DelVecchio had indicated that the sign would be three feet off the Crestwood Court property line. The applicant stated he did not realize there was a "jog" there. The survey map shown by Mr. DelVecchio of the subject property (1993) seemed to be different but, today, "we own this." The NYSDOT proposes to acquire what was shown, but has not "consummated" purchase yet. The applicant stated, again, that the map was provided to him by the DOT and had not been changed. Chairman Plew read Item 3 contained in the DOT's email: "Should the sign be placed at the proposed location, it udll be removed by State forces." This should be kept in mind before any _ decision is made at this meeting, he commented. Chairman Plew provided Mr. DelVecchio ly with a copy of the NYSDOT email. He then asked him if the State was going to remove the sign while regarding his parking lot, why erect the sign? Mr. DelVecchio responded that it would not be taken down as it would not be in the right-of-way. PZO Weber went on to explain that the DOT was reacting to the information the applicant had provided. Mr. DelVecchio then stated, "I would like to withdraw that map and I'd like to resubmit my survey map because their map is confusing and it looks like there's more than one map floating around." Chairman Plew then suggested that the applicant withdraw his application until he has time to look everything over. PZO Weber responded, "What you can do at this point in time is postpone the application ... submit a new map. We can get the new map to DOT, they can review that and, if there are any concerns, they can address that." Mr. DelVecchio, with regard to alleged alteration of the State's map, stated he had deleted showing the temporary easement. PZO Weber stated he had removed the dotted line that goes from "highway boundary to highway boundary." That's the highway boundary line that was removed. Mr. DelVecchio stated he had removed the "temporary easement" so it wouldn't be confusing for the Board. With everyone having been heard who wished to be heard, Chair Plew closed the Public Hearing at 7:18 p.m. Page 2 of 3 04 WiAF% 1 0 2014 Minutes - (T) Cortlandville Zoning Board of Appeals 25 February:2014 At the conclusion of this extensive discussion; a motion was made by Member -Fina to - postpone any further discussion/decision of this application until the 26 March -2014 meeting of this Board. The motion was . seconded by Member Tom Aloi, with -the vote: being recorded. as: follows: - Ayes: - -Chairman Plexi Nays: None Member Finn Member Bilodeau Member Aloi Motion passed. This becomes Action. #3 -of 2014. APPROVAL OF MINUTES — 28"JANUARY 2014 A- motion was made. by Member :Bilodeau to approve the Minutes of the 28 January 2014 meeting of this Board, as submitted. The motion was seconded by Member. Aloi, with the Vote recorded as follows: Ayes:. :Chairman Plew Nays: None Member -Finn - Member Bilodeau Member Alexander Member Aloi Motion passed. - This becomes Action. #4 of 2014. ADJOURNMENT At 7:20 p.m., on a motion by Member Bilodeau, seconded by Member Finn, with everyone present voting in the affirmative, the meeting was adjourned.- J E. Fitch, Board Secretary E-mailed to KS/KP & TB, TA, LL, JFinn, JFolmer, BW, TW & DC on 3/6/14. 05-6a- 2 5-« 2 6 2014 ATTENDANCE SHEET (T) CORTLANDviLLE ZONING BD. OF APPEALS MEETING 0F./,2'5/J 1 (Your attendance is recorded in the meeting Minutes.) SPRINTEI3> Name: Regarding: Complete Address: Va �/i S�� //�c� � � � � Gee �,✓An A �%`� �o _Ze Fe V( --e— ah��l v� � i C n 0 ZONING BD. OF APPEALS Meeting Only APR - 8 2014 TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS Public Hearing/Meeting Minutes - Tuesday, 25 March 2014 - 7 PM Town Hall Court Room - 3577 Terrace Road - Cortland, NY Board Members (*absent) *David Plew, Chairman John Finn Thomas Bilodeau, Acting Chairman Thomas Aloi Lenore LeFevre Others Present Bruce Weber, Planning/Zoning Officer Joan E. Fitch, Board Secretary John B. Folmer, Town Attorney Applicants & Public Present John DelVecchio, Applicant; Attorney John A. DelVecchio, Attorney Daniel J. Ellis. The Public Hearing was opened at 7 p.m. by Acting Chairman Tom Bilodeau, who read aloud the Legal Notice as published in the Cortland Standard on 14 March 2014, as follows: Notice is hereby given that a Public Hearing before the Zoning Board of Appeals of the Town of Cortlandville will be held Tuesday, March 25, 2014, at 7 p.m. at the Raymond G. Thorpe Municipal Building, 3577 Terrace Road, in the Town of Cortlandville, New York to consider the following applications pursuant to the 1986 Zoning Law: 1. In the matter of the application of John DelVecchio for property located at 4030 NYS Route 281, Tax Map No. 86.09-01-40.000, for a variance in the terms and conditions of Article XVIII Section 178-111B & 112, Table 1, 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 John DelVecchio. Applicant/DelVecchio Familv LLC. Reouted Owner - 4030 NYS Route 281 - TM #86.09-01-40.000 - Signs (Chemuna Canal Trust Co.1 Acting Chair Bilodeau recognized Attorney John A. DelVecchio, the appellant's son, who explained that he was representing the property owner, and he also disclosed that he was a member of the Town of Cortlandville Planning Board; he did not believe this was a conflict of interest. In addition, he is a member of the LLC. Attorney DelVecchio had appeared before this Board on 25 February 2014 regarding this request for a variance. Reference is made to those Minutes for details. At the conclusion of that Public Hearing, the Board postponed any action on the appeal in order to give the applicant additional time to clarify items posed by the Board. PZO Weber stated that he was contacted by the NYSDOT regarding the map accompanying the application; he did not contact them. Page 1 of 3 APR - 8 2014 Minutes - (T) Cortlandville Zoning Board of Appeals 25 March 2014 Attorney DelVecchio stated that the ZBA now had received a revised survey map of the subject property. The proposed location of the sign was shown thereon. The height of the sign would be 16 feet, and only 8 feet is allowed. The applicant is also requesting a setback of 4 feet from the highway boundary line, and 15 feet is required. PZO Weber stated that the map submitted indicated 4± feet from the proposed right-of-way off Crestwood Court and 4± feet from the Route 281 ROW. The DOT's concern is that the sign be placed out of the ROW. Attorney DelVecchio explained that the reason the 16 -foot height was requested was to allow for a clear line of sight at the bottom of the sign for those vehicles exiting Crestwood Court onto Route 281. If the sign was to conform to the requirements, the written portion of the sign would be much lower and impede the line of sight. It was noted that the NYSDOT would like to stakeout their right-of-way before any sign is installed. Attorney DelVecchio then reviewed the five questions contained in the balancing test to be considered by the Board members, providing his answers to the questions. Acting Chair Bilodeau then asked if there were any questions or comments from the audience; there was one, as follows: Attornev Daniel Ellis. renresentine Family Health Network - Cor. Crestwood Court and NYS Route 281 - Proposed sign would create a hazard for people exiting from Crestwood Court. They would hav a hard time seeing under a 5 -foot opening. Proposed sign will be detriment to the neighborhood. General Municipal Law requires application be submitted to Cortland County Planning for review before any decision is made. This application was not submitted. Spoke in opposition to granting of variance. Acting Chair Bilodeau stated that the Board could ask the appellant to increase the opening to l4) 6 feet without increasing the height of the sign. PZO Weber commented that for an area variance such as this, the application is not referred to County Planning as they would return it to the Town for local determination; this interaction between Boards is one that has been established over the years. Input has been received from the NYSDOT, the major agency involved. PZO Weber advised the Board that they could, in fact, request the application be submitted to County Planning. With everyone having been heard who wished to be heard, Chair Plew closed the Public Hearing at 7:40 p.m. DISCUSSION /DECISION Town Attorney John Folmer explained the GML and its purpose, giving the ZBA the choice of referring the application to Cortland County Planning for their review, even though they most likely would return it to this Board for local determination With no further discussion, a motion was made by Member John Finn to forward this appeal to Cortland County Planning for their review. The motion was seconded by Member Lenore LeFevre; with the vote being recorded as follows: Ayes: Acting Chair Bilodeau Nays: None Member Finn Member Aloi Absent: Chairman Plew Member LeFevre Motion passed. This becomes Action #5 of 2014. APPROVAL OF MINUTES — 25 FEBRUARY 2014 Page 2 of 3 W1 APR - 8 2014 08 Minutes - (T) Cbrtlandville Zoning Board of Appeals 25 M archIO14 A motion was made by Member 'Bilodeau to approve the Minutes of the 11 December 2013 meeting of this Board, as submitted. The motion was seconded by Member, Finn, with the vote recorded as follows: Ayes. Chairman -Pl6w Nays: None Member .Finn Member Bilodeau Member Alexander Member Aloi -Motion passed. This becomes Action #6 of 2014. - ADJOURNMENT At 7:47 p.m., on a -motion by Member Finn, seconded by Member Aloi, with everyone present voting in the affirmative,: the meeting was adjourned. J E. Fitch, Board Secretary E-inailed to KS/KP:& TB, TA, JFinn, LL, JFolmer, BW, TW & DC on 4/8/14. Page 3 of 3 ATTENDANCE SHEET (T) CoRTLANDviLLE `ZONING BD- OF APPEALS j MEETING -OF `��4+1 (Your attendance is recorded in the meeting Minutes.) <PRINTEII> Name: Regarding: Complete Address: 61i itd_ TING- BD: OF APPEALS M-e-eting-'Only,-; p f+, APR 14 2014 TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS Public Hearing/Special Meeting Minutes - Tuesday, 8 April 2014 - 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 Thomas Aloi Lenore LeFevre Applicants & Public Present John DelVecchio, Applicant; Attorney John A. DelVecchio, Attorney Daniel J. Ellis, Eric Hamilton, Betsy & Paul Allen, Marsha Mason Michele Ball, Peter Brown, Elliott Mason, James Ball, Eva Bregman, Lisa Weaver. 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 26 March 2014, 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 8, 2014, 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: In the matter of the application of John DelVecchio for property located at 4030 NYS Route 281, Tax Map No. 86.09-01-40.000, for a variance in the terms and conditions of Article XVIII, Section 178-111B & 112, Table 1, 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 John DelVecchio, Applicant/DelVecchio Familv LLC, Reputed Owner - 4030 NYS Route 281 - TM #86.09-01-40.000 - Signs (Chemung Canal Trust Co.1 Chair Plew asked for comments from the public which were received as follows: Marsha Mason - 4 Crestwood Court - Read aloud a letter from "Karen" of 8 Crestwood Court (no copy of letter provided to Secretary). Granting of variance would be a "danger to the community" and be a serious problem. Opposed to granting of variance. Attorney DelVecchio objected to reading of statement from someone who was not present. Chairman Plew stated that the ZBA was accepting the letter. Paul Allen - 6 Crestwood Court - Read aloud a letter from Berger, a Crestwood Court resident who was out of town. Granting of variance would provide traffic Page 1 of 4 •1 APR 1 A 2014 Minutes - Special Meeting - (T) Cortlandville Zoning Board of Appeals 8 April 2014 hazard for exiting Crestwood Court onto Route 281. Asked Board to deny the ' request for a variance. • Paul Allen - 6 Crestwood Court - Also read letter from Alteri who was currently in Florida and is "deeply concerned" about proposed sign. It's very different from what's required. Access to Route 281 changed significantly over the years. Traffic backup at Madison & 281 occurs frequently and already makes it difficult to exit Crestwood Court onto 281. Difficult turning left from Crestwood. Any obstruction of line of sight is accident waiting to happen. Family Health Network (FHN) on north corner of Crestwood and 281 has increased the traffic in and out of Crestwood. It's already a hindrance at this facility as far as line of sight goes. Asked Board to deny the requested variance. Mr. Allen supported all of those comments which he read. (Copies not provided to Secretary.) Attorney DelVecchio objected, again, to reading of statements from individuals who were not present. Chairman Plew again stated he will allow the reading of written comments and submittal of letters from property owners. • Lisa Weaver - 2 Crestwood Court - Impossible to make a left-hand turn from Crestwood Court onto Route 281. She makes right-hand turn and goes down the road and turns around. Sign will make it incredibly dangerous. Against granting of variance. Attorney DelVecchio stated that it appeared the concerns were centered around potential issues with traffic and line of sight. Applicant is proposing to raise the sign to address these concerns. IVYSDOT, in their upcoming widening of Route 281 at this location, will be making it easier to turn at this intersection by use of a turning lane. • Elliott Mason - 6 Crestwood Court - Thinks any decision regarding the request for a variance is premature; it will be at least a year before there is a change by the State. No one can be certain what issues will be. Suggested there be a moratorium. Any decision would be premature. Chairman Plew stated that he had received complaints regarding the "junk behind the property" and thinks that should be cleaned up. Attorney DelVecchio objected to his comments as they were not relevant to the requested variance. Lisa Weaver - 2 Crestwood Court - Junk coming onto their property for a long time. Chairman Plew asked what it is going to be like in six months to a year? • Paul Allen - 6 Crestwood Court - Existing regulations on the books regarding junk. Bottom line is request for sign and we are opposed to sign; this is the issue. We are objecting to granting of a variance. Attorney DelVecchio stated, "that's why we're here." He then asked that this Board grant an area variance. Consider the relevant factors and come to a conclusion. Board should not take into consideration things that do not pertain to this application. • Attornev Daniel Ellis for Familv Health Network - Cor. Crestwood Court & NYS Route 281 - Other places that sign could be safely placed. Variance requested is substantial (4 ft. setback requested v. 15 ft. required). This is 75%; courts have found as little as 20% is substantial. Proposed sign will have detrimental affect on the neighborhood and property owners. Attorney DelVecchio stated that if sign moved to the south it would be in middle of parking lot. If moved north and 15 feet back, it would eliminate seeing the sign because of the jog in the property line. Page 2 of 4 APR 1 4 2011 Minutes - Special Meeting - (T) Cortlandville Zoning Board o Appeals 8 April 2014 Chairman Plew asked Attorney Del -Vecchio why not take the existing sign and move it toward the carpet business end and add the carpet signage? With everyone having been heard who wished to be heard, Chair Plew closed the Public Hearing at 7:25 p.m. DISCUSSION/DECISION ZBA Member Tom Aloi commented that he had personally visited the site. The proposed sign will replace the a -frame sign that is there. Proposed sign would not block line of sight on Route 281 at all because the applicant will have at least a six-foot clear space from the ground to the start of the sign's wording. Unfair to- applicant to have to come back to this Board once again; the applicant is doing the right thing. Once existing A -frame sign is removed, it will be a lot easier to exit Crestwood Court than it is now. Member John Finn stated he was in favor of having a distance of six feet from the ground and the A -frame should be removed. In addition, the NYSDOT had no objection to the sign as long as it was correctly placed and has offered to stakeout their right-of-way to assure proper placement of the proposed sign. Chairman Plew thought perhaps an eight -foot opening would be better, similar to the other sign on the southern end of the subject property. The Board then discussed the various height openings. PZO Weber next read aloud Part II of the Short Environmental Assessment Form, summarized as follows: 1. No, 4 votes; Yes, 1 vote. Result: No 2. No, unanimous. 3. Yes, 1 vote; Small to moderate impact, 4 votes. - ` 4. No, unanimous. There is no CEA. 5. Yes, 1 vote; No, 4 votes. Result: No 6. No, unanimous. 7a. No, unanimous. 7b. No, unanimous., 8. No, unanimous. 9. No, unanimous. 10. No, unanimous. 11. Yes, 1 vote; No, 4 votes. Result: No At the conclusion of a brief discussion, a motion was made by Member Finn that, based on the information and analysis of the SEQR concerning this application for a proposed Area variance for a sign, the Town of Cortlandville Zoning Board of Appeals has determined that the proposed action will not produce any significant adverse environmental impact, resulting in a Negative Declaration. The motion was seconded by Member Tom Bilodeau, with the vote recorded as follows: Ayes: Member Finn Nays: Chairman Plew Member Bilodeau Member Aloi Member LeFevre Motion passed. This becomes Action #7 of 2014. Page 3 of 4 APR 1 4 2014 Minutes - Special Meeting - (T) Cortlandville Zoning Board of Appeals 8 April 2014 ZBA Member Tom Aloi then proceeded with the required questions (balancing test), 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 a detriment to nearbv properties be created? a. Board's Finding: No. 2. Can the applicant achieve his goals via a reasonable alternative which does not involve the necessity of an area variance? a. Board's Finding: Yes. The sign could be placed to conform. 3. Is the variance substantial? a. Board's Finding: Yes, it is substantial. 4. 'Will the variance have an adverse impact on phvsical or environmental conditions in the neighborhood or district? a. Board's Finding: No. 5. Has there been any self-created difficulty? a. Board's Finding: No. (Yes, 1 vote; No, 4 votes.) Board Members talked about the NYSDOT's offer to stakeout their right-of-way, and Attorney DelVecchio stated they were going to request that be done. After further discussion, a motion was made by Member Finn to grant the area variance for a 16 -foot high sign: (1) being 6 feet from the ground, (2) existing sandwich board is to be removed, (3) sign area is to be kept clear from shrubs, plantings, etc., at all times, and (4) no parking allowed by the sign. The motion was seconded by Member Aloi, with the -vote recorded as follows: Ayes: Member Finn Nays: Chairman Plew Member Aloi Member Bilodeau Member LeFevre Motion passed. This becomes Action #8 of 2014. ADJOURNMENT At 7:55 p.m., on a motion by Member Bilodeau, seconded by Member Finn, with everyone present voting in the affirmative, the meeting was adjourned. E. Fitch, Board Secretary e Page 4 of 4 Del'd to KS/KP on 4/13/14 for emailing. `7— ATTENDANCE SHEET L.� %�% � 1-- T C.oRTLANDVILLE ZONING BD. OF APPEALS MEETING OF ! ! v f (1 � F (Your attendance is recorded in the meeting Minutes.) PRINTE13> Name: Regarding: Complete Address: C 9-//; v A/ 6 M /z r o n G r� s�aa�d G�'.��4 � C/ti e s w Gt /, /�'li(.i��✓ G —w' o� Co d S�.J, G1Z s�d� % IZ co P/z, Aj -z' a TGLto A 6_x ZONING n 0 APPEALS Meeting JUS! - 2 2014 TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS Public Hearing/Special Meeting Minutes - Tuesday, 27 May 2014 - 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 Thomas Aloi Lenore LeFevre Applicants & Public Present Cody Sweet; Applicant; Richard T. Wilk, Applicant; Stephanie Eddy, Lisa Kalilec, Tyrone Heppard. The Public Hearing was opened at 6:30 p.m. by Chairman David Plew, who read aloud the Legal Notice as published in the Cortland Standard on 16 May 2014, 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 27, 2014, at 6:30 p.m. at the Raymond G. Thorpe Municipal Building, 3577 Terrace Road, in the Town of Cortlandville, New York to consider the following application pursuant to the 1986 Zoning Law: 1. In the matter of the application of Mike McKinney for property located at 1233 Louise Drive, Tax Map No. 96.06-02-43.000, for a variance in the terms and conditions of Article V, Section 178-21 A(l), to allow for a front yard less than allowed. 2. In the matter of the application of Cody Sweet for property located at 481 Route 222, Tax Map No. 95.00-01-06.000, for a variance in the terms and conditions of Article III, Section 178-11, to allow for two homes on a single lot. 3. In the matter of the application of Richard Wilk for property located at 3116 Pendleton Street Extension, Tax Map No. 107.00-01-17.200, for a variance in the terms and conditions of Article 1U,, Section 178-11, to allow for auto repair and car sales. 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.) PUBLIC HEARING # 1 Codv S. Sweet, Applicant/Nancy Ellison -Sweet, Reputed Owner - 481 NYS Route 222 - TM #95.00-01-06.000 - Two Homes on a Sin -ale Lot Without Mr. 'Sweet's addressing the public and explaining what he was proposing to do that required a variance, Chair Plew asked the appellant if his request was for "one structure with two homes within one structure?" Mr. Sweet replied that there was already a home on the subject parcel and he was requesting a variance to place a pole -barn style house on the same Page 1 of 4 13 JUN - 2 2014 Minutes - Public Hearings - (T) Cortlandville Zoning Board of Appeals 27 May 2014 5.6t acre lot. The additional home would have a new septic system and a new well. The existing home, he stated, would be used as an "in-law" residence. Chairman Plew announced that he would not vote on this variance as he felt the data was not complete. Member John Finn stated that he would like to revisit the property and look where at the proposed location, as he could not figure where it was planned. It is noted for the record that the Cortland County Planning Department had reviewed the request and found it had no County -wide impact, so was returning it to the Town of Cortlandville for local determination. Member Bilodeau commented that the applicant could subdivide the property to avoid having to obtain a variance. Mr. Sweet responded that he wanted to keep the subject property in one piece to avoid driveway problems, i.e., utilize one drive for both homes. Board members agreed that a new map should be provided. Mr. Sweet stated that he would be willing to stakeout where the house would go. Chairman Plew would like the proposed home, existing home, driveway location and barn indicated on the map accompanying the application, and he cautioned the applicant about using a "shared" driveway. PZO Weber suggested showing the driveway location on the "new" map, and that any new materials should be provided to his office at least two weeks before the next meeting date. Mr. Sweet stated he would also take photos for the Board. With everyone heard who wished to be heard, Chairman Plew closed the Public Hearing at 6:45 p.m. With no further discussion, a motion was made by Member Tom Aloi to continue the Public Hearing until 24 June 2014 to give the appellant time to provide the requested - 1 information. 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 2014. Richard T. Wilk. Applicant/Reputed Owner - 3116 Pendleton Street Extension - TM #107.00-01-17.200 - Vehicle Revair & Car Sales Without Mr. Wilk's addressing the public and explaining what he was proposing to do that required a variance, Chairman Plew commented to him that (1) his house was neat and, (2) the lawns were well maintained. Then, after pulling into Mr. Wilk's driveway, he saw piles of tires, junk sitting around, two trucks and one car—all three with flat tires, and all around the garage it looked "not like your house." Chairman Plew then asked, "If this was to be approved, what's going to happen around the garage?" Mr. Wilk stated the subject area would be cleaned up. Member Finn then asked the appellant what he wanted to do, and Mr. Wilk explained that he wanted to do car repairs and, eventually, sell used vehicles. PZO Weber commented that Mr. Wilk had shown eight parking spaces on his rough sketch accompanying the application. Member Aloi asked who polices the property to make sure the applicant does not exceed the number of vehicles allowed? PZO Weber responded that it was the Code Office who was responsible for this. Member Bilodeau asked Mr. Wilk what type of repairs he would be doing. Mr. Wilk responded that he would do from small brake jobs to replacing of an entire motor in vehicles, but no Page 2 of 4 JUN - 2 2014 Minutes - Public Hearings - (T) Cortlandville Zoning Board of Appeals 27 May 2014 bodywork would be done. He also planned to have no employees, but maybe in a few years, if his workload was sufficient, he would then consider it. Mr. Sweet stated he would also take photos for the Board. With everyone heard who wished to be heard, Chairman Plew closed the Public Hearing at 7 p.m. DISCUSSION/DECISION Chairman Plew stated that although he thinks the applicant "means well," he would not like this variance request approved until the subject property is cleaned up. Member Aloi commented that the appellant has over 300 acres. Member Lenore LeFevre stated she had no problem with granting the variance. ZBA Member Tom 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. The applicant is substantially unable to make a reasonable return from the i3roperty, as shown by competent financial evidence? Board's Finding: No. Additional income needed to support family. 2. The hardship is somewhat uniaue, or at least not shared by a maiority of parcels in the same zoning district? Board's Finding: Yes. All agreed. 3. Will the reauested variance alter the essential character of the neiL-hborhood? Board's Finding: No. All agreed. 4. The hardship has been self-created? Board's Finding: Yes. All agreed. With no further discussion, a motion was made by Member Aloi to grant the variance to allow for vehicle repair and car sales, conditioned upon the property being kept_ neat and orderly, and with a maximum of ten vehicles allowed onsite for repairs/sale at one time. 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 #10 of 2014. Mike McKinnev. Avvlicant/Lisa Reitan. Revuted Owner - 1233 Louise Drive - TM #96.06-02-43.000 - Front Yard Less Than Allowed Chairman Plew acknowledged that neither the applicant nor a representative was present to answer the Board's questions regarding this request for a variance. Therefore, a motion was made by Member Finn to postpone this appeal until the 24 June 2014 meeting of the Town of Cortlandville Zoning Board of Appeals. The motion was seconded by Member Bilodeau, with the vote recorded as follows: Ayes: Chairman Plew Nays: None Member Finn Page 3 of 4 IS 1(0 _. JUN. 2 2014 Minutes - Public Hearings - (T) .portlandville Zoning Board of Appeals : -. 27 May 2014 Member Bilodeau Member:Aloi Member LeFevre. Motion passed:. This becomes Action 0:1 lof 2014. APPROVAL OF MINUTES 8 APRIL 2.014 A- motion was made by Member Finn to approve the Minutes of the 8 April 2014 meeting ' of this Board, ,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 Aloi :Member LeFevre Motion passed. This becomes Action #12 of 2014. OTHER .MATTER • PZO Weber indicated to: Board members -that John DelVecchio had submitted a sketch of proposed: 'plantings to go under the new sign. ,for -which- he had been granted a variance on 8' April 201:4 . - This matter was not placed on tonight's Agenda due to a lack of required lead time. He asked the Board members to review the'sketch and, -if there Were any questions: PZO Weber would ask Mr:: DelVecchio to attend the. 24 June 2014 ZBA meeting. The Board had -questions; PZO Weber will ask Mr. DelVecchio. to attend the June meeting.: ADJOURNMENT.' At 7:25 p.m., on a.motion by Member. Bilodeau, 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; -Tw'& DC on 6/1/14. Page 4 of 4 ATTENDANCE SHEET (Tj ; CoRTiAk1?y ,iiE ZONING= BD; 4F=APPEALS MEETING OF 5 2 7/f 7l' (Your attendance is recorded in .the meeting Minutes.) r �PRI11iTEI> Name: Regarding: Complete Address: Via n 'i fi rw(j' I D3 N ia�M S, --t id / -Cf�cx �. r ZONING 17 JUL 2 8 2014 TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS Public Hearings/ Meeting Minutes - Tuesday, 24 June 2014 - 6 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 Applicants & Public Present Mike McKinney, Applicant; Attorney Mike Shafer & Engineer Chuck Feiszli for Used Car King, Applicant; Vincent Salvagni, Tim Buhl, Steve Terwilliger. The Public Hearing was opened at 6 p.m. by Chairman David Plew, who read aloud the Legal Notice as published in the Cortland Standard on 12 June 2014, 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 24, 2014, at 6 p.m. at the Raymond G. Thorpe Municipal Building,: 3577 Terrace Road, 'in the Town of Cortlandville, New York to consider the following application pursuant to the 1986 Zoning Law: 1. In the matter of the application of Icon. for property located at 3948 NYS Route 281, Taz Map No. 86.13=01-49.000, for a variance in the terms and conditions of Article XVI11,, Section 178-112 B, to allow for a greater number of building -mounted signs and for the illumination of a building -mounted sign. 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 Chairman Plew announced to all present that the appellant, Icon, had withdrawn their application for a variance because. of cost concerns. PUBLIC HEARING POSTPONED FROM 5/27/14 -Mike McKinney, Applicant/Lisa Reitano, .Reputed Owner - 1233 Louise Drive - TM #96.06-02=43.000 - Front Yard Less than Allowed Chairman Plew re -read the Public Hearing Notice from the 27 May 2014 meeting of this Board. The applicant was seeking a variance to construct a new porch on the front of this existing home, as shown on the sketch accompanying the application. The existing porch comes out two feet off the front of the house; the proposed porch would be four feet off the front of the house. Owner's son is in a wheelchair, so the porch needs the additional width to accommodate entering and exiting the home. Page 1 of 4 V JUL 2 8 2014 Minutes - Public Hearings - (T) Cortlandville Zoning Board of Appeals 24 June 2014 Member Tom Aloi stated that he saw no problem with the request and felt a hardship had been demonstrated. The Board members had no questions. It is noted for the record that the Cortland County Planning Department had reviewed the request and found it had no County -wide impact, so was returning it to the Town of Cortlandville for local determination. There were no comments from the public. With everyone heard who wished to be heard, Chairman Plew closed the Public Hearing at 6:05 p.m. DISCUSSION/DECISION ZBA Member Tom 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. Will an undesirable chanize be produced in -the character of the neighborhood, or a detriment to nearbv properties be created? Board's Finding: No. All agreed. 2. Can the applicant achieve his L-oals via a reasonable alternative which does not involve the necessitv of an area variance? Board's Finding: No. All agreed. 3. Is the variance substantial? Board's Finding: No. All agreed. 4. Will the variance have an adverse impact on Dhvsical or environmental conditions in the neighborhood or district? Board's Finding: No. All- agreed. 5. Has there been anv self-created difficultv? Board's Finding: No. All agreed. With no further discussion, a motion was made by Member Aloi to grant the variance to allow for the front yard less than allowed, 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 Aloi Member LeFevre Motion passed. This becomes Action #13 of 2014. Used Car King. LLC. Reputed Owner - 3861 NYS Route 281 - TM #86.17-01-11.100 - Presentation of Green Space Alternatives to ZBA (Note: In February 2013, a variance to allow less green space than permitted was denied by this Board. At their April 30, 2013 meeting the ZBA stated it would not conduct a re -hearing of this matter, but would accept a new application. At the 25 June 2013 meeting, the variance request was postponed until the 30 July 2013 meeting. At their 30 July 2013 meeting, the ZBA requested that the Town Planning Board act as Lead Agency for the SEQRA review of this application and, upon completion of the review, report its findings and conclusion to the ZBA. for further action. In his 28 May 2014 letter to Town PZO Bruce Weber, the Appellant's Page 2 of 4 JUL 2 8 2014 Minutes - Public Hearings - (T) Cortlandville Zoning Board of Appeals 24 June 2014 �,. attorney, Mike Shafer, asked to appear before this Board to explain two alternatives that the owner is actively pursuing; a copy of this letter has been placed on file for the record.) Chairman Plew recognized Attorney Shafer and informed the Board members that they were to listen to .the attorney's presentation. Attorney Shafer advised that questions from the Board would be welcomed. Attorney Schafer stated that Engineer Feiszli had prepared a Stormwater Pollution Prevention Plan which had been submitted to Patrick Reidy of County Soil & Water. Meetings had been held with Mr. Reidy, Engineer Feiszli, Attorney Shafer, and Cortlandville Planning Board Member Nick Renzi to explore alternatives regarding lot coverage issues. Attorney Shafer explained the two proposals they were actively pursuing: (1) a new way to capture and dispose of the roof runoff from the dealership building, and (2) the purchasing of some land in the Town which could be dedicated as permanently non -developable. One idea is to purchase land next to Lime Hollow Nature Center and donate it to them, thus being used as a substitute for the Used Car King property proposed to be covered by additional impervious parking. They are also in the process of identifying other parcels in the Town's Business District that could be so dedicated. Engineer Feiszli commented that they would need about 2.8 to accomplish this and purchasing property in the B-3 Zone would be the best way to do this. Board Member Tom Aloi stated he had talked with Pat Reidy, Dan Dineen, and Frank Kelly who are not in favor of the non -developable land alternative. Board Member LeFevre liked the idea of donating land to the Nature Center. PZO Weber stated he has never received, a complete application, so he had nothing to send out to anyone, but the appellant is now here with something of some substance. He should make out a new application and request that the Town Planning Board be Lead Agency under SEQRA for the environmental assessment. However, at this point, the ZBA should not do anything; PZO Weber added that he will check the record and review previous paperwork. No Action Taken. ZBA Interpretation re Determination of Baseline Densitv in all Town Districts PZO Bruce Weber advised the Board that Timothy C. Buhl, PE, has a client who has an option on 10± acres of land and would like to have a Planned Unit Development. Mr. Buhl stated he talked with PZO Weber regarding this and they look at the baseline density question differently. PZO Weber made the determination that the baseline density of a Residential PUD located in an R-1 District shall be that density only which is allowed by right. The written determination from PZO Weber is as follows: "Since base density is not defined in the Ordinance, I make a determination as to what the intent is, and that is then used throughout the Code. It is my interpretation that base density is that which is permitted by right in each district. This is the basis for each district which then allows for approval of a greater density as provided for in the PYD regulations. In the R-1 District, it is only with special approval of the Planning Board that the density may increase. Since special approval is needed, this is not the base density. Since the applicant is pursuing a PUD, the final determination of the density will be based on Section 178-54A(6) or 178-54B. It is important to remember that an interpretation covers all districts and not just one." Mr. Buhl's client believes that two dwellings on a 30,000 SF lot is actually the base density and is appealing the PZO's determination. Therefore, they are looking to the ZBA for an interpretation of what base density means in the PUD regulations, as it is not defined in the Code. Page 3 of 4 It JUL 28' 2014 Minutes - Public Hearings - (T) Cortlandville Zoning Board of Appeals 24 June 2014 PZO Weber gave the Board his interpretation of baseline density. A PUD requires a special approval, a process. If the engineer wishes to go for a PUD, a determination has to be made as to what base density is - not just in the R-1 District, but all .districts. Engineer Buhl says that a duplex is permitted in an R-1 District, with conditions. Differing points of view were discussed in detail. Points were argued. With everyone heard who wished to be heard, Chairman Plew closed the Public Hearing at 7:02 p.m. DISCUSSION/DECISION Chairman Plew stated that he respected the PZO's interpretations, as that is his business and his career. Therefore, Chairman Plew stated he agreed with PZO Weber's interpretation and made a .motion that the Town of Cortlandville Zoning Board of Appeals adopts the interpretation. of PZO : Bruce Weber as to how baseline density 'is determined for all Districts. The motion was seconded by Member Bilodeau with the vote recorded as follows: Ayes: Chairman Plew Nays: Member.Aloi Member Finn Member Bilodeau Member LeFevre Motion passed. This becomes Action # 14 of 2014. Icon, Applicant/Windsor Properties, Reputed Owner - 3948 NYS Route 281 (Walgreen's) - TM #86.13-01-49.00 - Request for Sian Variance As announced by Chairman Plew at the outset of this Public Hearing, the applicant has withdrawn their Appeal for a greater number of building -mounted signs and for the illumination of a building -mounted sign due to cost issues. Therefore, a motion was made by Member John Finn to deny a variance to allow for a greater number of building -mounted signs and for the illumination of a building -mounted sign. The motion was seconded by Member 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 # 15 of 2014. 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. r Y J �E.Fitclh, Board Secretary Page 4 of 4 Emailed to KS/KP, Bd. Members, JBF, BW, TW & DC on 7/27/14. z,0 OCT 2 9 2014 ATTENDANCE SHEET LLE MEETING =OF V, ��OIRTLAiDVI (Your attendance is recorded in the meeting Minutes.) RINT10t* Name: Regarding- Complete Address: � yj e SU ZONING BD. OF APPEALS Meeting:-,O.nly �I AUG 1 3 2014 TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS Public Hearings/ Meeting Minutes - Tuesday, 29 July 2014 - 5:30 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 Thomas Aloi *Lenore LeFevre Annlicants & Public Present Sam Fish, Jr., Applicant; Connie Contento for Janelle Marks, Applicant; Johnathon Burk, Applicant; Jason Arnold, Applicant; Glenn Evans, Applicant; J. Lee Ambrose, Applicant; Robert Felt, Applicant; Florence Blixt, Marilyn DeLorenzo, David & Kathy Jacobsen, Karl Blixt, Paul Gallow, Christina Felt, Erin & David Peppel, Attorney William J. Pomeroy, Bryan & Katie Ford, Joseph Ferro, Yvonne Deligato, Doug Park, Elizabeth Ambrose; Tyrone Heppard, CS Reporter. The Public Hearings were opened at 5:30 p.m. by Chairman David Plew, who read aloud the Legal Notice as published in the Cortland Standard on 17 July 2014, 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 29, 2014, at 5:30 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. �1 In the matter of the application of Samuel Fish, Jr., for property located at 1045 Route 222, Tax Map No. 86.13-01-37.100, for a variance in the terms and conditions of Article IV, Section 178-116, to allow for two dwellings on a single parcel. 2. In the matter of the application of Janelle Marks for property located at 4203 Sweeney Road, Tax Map No. 85.00-08-20.000, for a variance in the terms and conditions of Article III, Section 178-13A, to allow for a front yard less than allowed 3. In the matter of the application of Johnathon Burk, for property located at 3687 McGraw -Marathon Road, Tax Map No. 99.00-01-07.000, for a variance in the terms and conditions of Article III, Section 178-13A, to allow for a front yard less than allowed. 4.. In the matter of the application of Jason Arnold, for property located at 4384 Meadow Lane, Tax Map No. 76.14-01-02.000, for a variance in the terms and conditions of Article IV, Section 178-17 B 4, to allow for a front yard less than allowed. 5. In the matter of the application of Glenn Evans, for property located at 1307 Starr Road, Tax Map No. 96.11-01-10.000, for a variance in the terms and conditions of Article V, Section 178-20, to allow for a community woodshop. 6. In the matter of the application of Dr. J. Lee Ambrose, for property located at 1199 DaVinci Drive, Tax Map No. 76.00-02-13.000, for a variance in the terms and conditions of Article V, Section 178-16, to allow for a storage building on a parcel. 7. In the matter of the application of Robert Felt, for property located at 3993 i Northway Dr., Tax Map No. 85.16=01=14.000, for a variance in the terms and conditions of Article _IV Section 178-17 B 2 to allow for a storage shed with a front yard less than allowed. Page 1 of 9 AUG 1 8 2014 Minutes - Public Hearings - (T) Cortlandville Zoning Board of Appeals 29 July 2014 The above applications are open to inspection at the office of Bruce A. Weber, Planning 8s 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 # 1 Samuel G. Fish, Jr.. Applicant/Reputed Owner - 1045 NYS Route 222 - TM #86.13-01- 37.100 - Two Dwellinews on a Single Parcel Chairman Plew recognized the applicant who was seeking a variance to allow two dwellings on a single parcel. Chairman Plew asked, "# 1 - if this application is approved, what are you going to do with the vehicles that are parked there?" He stated that there were two trucks, an SUV, and a tractor. Mr. Fish answered that one vehicle belongs to someone else and he has asked the owner to remove the vehicle. One vehicle needs repair, one is his plow truck, the other is his tractor. Chairman Plew then read aloud .from Mr. Fish's 19 'June 2014 letter to this Board, and was sympathetic that the subject home was built by his family in 1925 as a wedding gift for his maternal grandparents. However, Chairman Plew asked "Why not sell the structure you're in now and remodel that and move in?" Mr. Fish advised those present that he is f' looking to provide a home for his son and preserve heritage; his son will be 21 in October. He stated he was being forced by NYS's Eminent Domain proceedings to vacate the property where the dwelling lies. He would like to move it from its current location to his other property located west of NYS Route 281, as shown on the aerial photo accompanying the application. Mr. Fish stated that the two dwellings will be single family and will be used by his family and his son's. There will be no rental; strictly family. Chairman Plew then asked the appellant, "If I was to drive by there in six or seven years, is the existing structure on this house going to look the same way?" Mr. Fish stated he hoped to have new siding on it. Chair Plew then asked about a cow he had seen on the property, asking if she was fenced in. The owner responded that she was tied there. Member Tom Aloi commented that the property does not look good, and asked Mr. Fish if he was going to clean the property up, or was all the junk going to stay there. Chairman Plew asked if there was anyone 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 5:40 p.m. DISCUSSION/DECISION Chairman Plew stated he wanted the "cars out of there." PZO Bruce Weber advised that the appellant was allowed two unregistered, uninspected vehicles. ZBA Member John Finn asked about the expense of moving the dwelling, and Mr. Fish stated that he was receiving approximately $90,000 from the State to move it. Member Aloi felt this was a hardship case. It was noted that the Cortland County Planning Board had recommended granting the use variance (with three contingencies). A copy of their report/ Resolution has been placed on file for the record. Chairman Plew commented that the problem is, in five to eight years "it will look the same way as it is today." Board Member Tom Bilodeau stated that, based on the amount the applicant Page 2 of 9 N El .13 AUG 1 8 2014 Minutes - Public Hearings - (T) Cortlandville Zoning Board of Appeals 29 July 2014 was to receive, why not subdivide the property? Member Finn then asked, if the variance was denied, "would it improve the looks of the property that we're concerned about?" He then read aloud the three contingencies contained in the County's resolution. At the conclusion of a lengthy discussion, a motion was made by Member John Finn to grant the variance to allow for two dwellings on a single parcel, as requested, conditioned upon (1) compliance with the Town's Property Maintenance Code, and (2) any unlicensed, uninspected vehicles need to be kept out of sight. The motion was seconded by Member Aloi, with the vote recorded as follows: Ayes: Member Finn Nays: Chairman Plew Member Bilodeau Member Aloi Absent: Member LeFevre Motion passed. This becomes Action #16 of 2014. PUBLIC HEARING #2 II Janelle Marks. Avvlicant/Revuted Owner - 4203 Sweeney Road - TM #85.00-08-20.000 - Front Yard Less than Allowed Chairman Plew recognized Connie Contento, representing the applicant who was seeking a variance to allow construction of a handicapped ramp to be used by the Marks family to assist their young (age 7) son enter and exit the home in his wheelchair. Ms. Contento and PZO Weber explained the diagrams submitted with the application. Member Aloi commented that he had visited the property, and this was a hardship case. The Board agreed. Chairman Plew asked if there was anyone 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 5:59 p.m. DISCUSSION/DECISION With no further discussion, a motion was made by Member Tom Bilodeau to grant the variance as requested. The motion was seconded by Member Finn, with the vote recorded as follows: Ayes: Chairman Plew Nays: None Member Finn Member Bilodeau Absent: Member LeFevre Member Aloi Motion passed. This becomes Action #17 of 2014. PUBLIC HEARING #3 Page 3 of 9 .24 AUG 1 8 2014 Minutes - Public Hearings - (T) Cortlandville Zoning Board of Appeals 29 July 2014 Johnathon Burk. Applicant/Reputed Owner - 3687 McGraw -Marathon Road - TM #99.00- 01-07.000 - Front Yard Less than Allowed Chairman Plew commented that "you're coming close to the road." He stated that if we had three or four feet of snow and a plow comes by at 30 or 40 MPH, the appellant would "have a bunch of snow on your front deck:" He then asked Mr. Burk if he really wanted to `come out eight feet. The appellant explained that he wanted to build a front porch they could sit on, but doing so would make it closer .to the road than allowed. Member Aloi commented that the proposed porch would actually be set back farther than the existing garage. Chairman Plew asked if there was anyone 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 6:02 p.m. DISCUSSION/DECISION With no further discussion, a motion was made by Member Finn to grant the variance as requested. The motion was seconded by Member Bilodeau, with the vote recorded as follows: Ayes: Chairman Plew Nays: None Member Finn Member Bilodeau Absent: Member LeFevre Member Aloi Motion passed. This becomes Action #18 of 2014. PUBLIC HEARING #4 Jason Arnold. Avulicant/Jason & Felicia Arnold. Reputed Owners - 4334 Meadow Lane - TM #76.14-01-42.000 - Front Yard Less than Allowed Chairman Plew recognized Mr. Arnold who was seeking a variance to erect an above -ground swimming pool closer to the front property line than allowed, as shown on the aerial photo accompanying the application. The subject parcel is a corner lot, with the dwelling fronting on Meadow Lane, and its side yard on Hillside Drive. Mr. Arnold stated that although technically it is a front yard on Hillside Drive, it is actually their back yard. They would like the pool to be placed 10 feet from the rear (Hillside Drive) property line. Chairman Plew asked if there was anyone 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 6:02 p.m. Page 4 of 9 '29 - AUG 1 ° 2014 Minutes - Public Hearings - (T) Cortlandville Zoning Board of Appeals 29 July 2014 DISCUSSION/DECISION With no further discussion, a motion was made by Member Finn to grant the variance as requested. The motion was seconded by Member Aloi, with the vote recorded as follows: Ayes: Chairman Plew Nays: None Member Finn Member Bilodeau Absent: Member LeFevre Member Aloi Motion passed. This becomes Action # 19 of 2014. PUBLIC HEARING #5 Glenn J. Evans. Avolicant/New Avostolic Church. Revuted Owner - 1307 Starr Road - TM #96.11-01-10.000 - Use Variance for Provosed Community Woodshov Chairman Plew stated that this was for a community woodshop at this site, a former church. He then stated he had no questions about the request, but asked for questions from the Board members. Member Finn asked if there would be classes; Mr. Evans stated yes, every two weeks, mostly evenings/weekends. He expected from 10 to 15 class members. Woodworking tools/equipment would be provided. Members would pay a monthly fee for access to a professional -grade woodshop. Member Tom Aloi noted that there were neighbors who were opposed to granting the variance and the Board had received a letter from Martin Mack stating that fact; a copy of this 25 July 2014 letter has been placed on file for the record. Member Aloi was concerned about the C) neighbors' concerns (noise, dust, traffic, etc.). Chairman Plew noted that different projects would require different times. The shop would also be open for members to use at different times for their own personal projects; supervised hours would be set. Chairman Plew asked if there was anyone from the audience who wished to speak on this variance request. Comments were received as follows: Joseph Ferro - 1318 Starr Road - Owns two properties in the neighborhood. It's a residential neighborhood. Church has closed and he is afraid a business is going in there. Will there be a limit to number of people there? Terrible corner with a great amount of traffic. Not a place for this business. Concerned with property appearance and depreciation of his property value. Opposed to granting variance. Letter to Town of Cortlandville from New Apostolic Church, Reputed Owner - Chairman Plew read aloud a 10 July 2014 letter to the Town, signed by Randolph M. Bauer, Chief Operating Officer of New Apostolic Church USA, explaining their hardship and reasons for requesting a variance. A copy of this letter has been placed on file for the record. Yvonne Deliaato - 1304 Starr Road - Concerned about increased traffic which has become "worse and worse." Property across from them is vacant lot; what if this becomes commercial too? Opposed to granting of variance. David Peppel - 1335 Starr Road - Also speaking for his wife, Erin. Live across from church. Read aloud and submitted 29 July 2014 letter to Chairman Plew and ZBA Board members. Letter opposed granting of the variance as a woodshop is a complete change of use. Adding a commercial business with potential for shipments/ deliveries, noise and increased traffic, is not at all consistent with the intended zoning for their residential neighborhood. Proposed us will likely have a detrimental impact on their property value. If variance is granted, it will likely lead to an erosion of the residential quality of our neighborhood. "It is our hope that you will reject the application for this variance and, in doing so, maintain the integrity of our neighborhood." Page 5 of 9 a� AUG 1 0 2014 Minutes - Public Hearings - (T) Cortlandville Zoning Board of Appeals 29 July 2014 Brian Ford - 3633 NYS Route 215 - Said he "echoed Mr. Peppel's remarks." It's a great idea, but the wrong location. Granting of requested variance will change character of the neighborhood. Opposed. Chairman Plew asked the appellant if there was an unnecessary hardship. Mr. Evans stated that this was the only property in the area that would support this type of community activity. PZO Weber stated that the hardship has to be from the property owner in this instance. Member Finn thought proposed use was a very goo idea, but it was a church, now is not a church, and it will sit there and deteriorate or be an expense to someone. Maybe this is not as bad of a change in use as there could be. Chairman Plew then read the comments received from the County Planning Department, a copy of which has been placed on file for the record. The County recommended approval of the variance, with the conditions set forth. Mr. Evans explained proposed traffic that would occur. He would like to keep evening/weekend hours. PZO Weber, in response to someone's question, explained that what is being requested is not a change to the zoning classification of the property; it is a use that is being applied for, and only that use. With regard to fumes, dust, ventilation, noise, etc., Mr. Evans advised that the church is air- conditioned, so windows would be kept shut at all times. With everyone heard who wished to be heard, Chairman Plew closed the Public Hearing at 6:37 p.m. DISCUSSION/DECISION PZO Weber recommended that the Board undertake the SEQR review. The Board Secretary read aloud Part II of the Short Environmental Assessment Form. No or Small to Moderate Impact answers were received to all questions in Part II. A motion was then made by Member Finn that the action, based on the information submitted, will not cause any significant environmental impact, resulting in a Negative Declaration. The motion was seconded by Member Bilodeau, with the vote recorded as follows: Ayes: Chairman Plew Nays: None Member Finn Member Bilodeau Absent: Member LeFevre Member Aloi Motion passed. This becomes Action #20 of 2014. ZBA Member Tom 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. Is the applicant substantially unable to make a reasonable return from the property. as shown by competent financial evidence? Board's Finding: No financial evidence has been supplied. (PZO Weber advised that the Board needs to request this information from the owner.) 2. Is the hardship somewhat unique, or at least not shared by a maioritv of parcels in the same zoning district? Board's Finding: Yes, it's unique. Page 6 of 9 a1 AUG 1 8 2014 Minutes - Public Hearings - (T) Cortlandville Zoning Board of Appeals 29 July 2014 3. Will the reauested variance alter the essential character of the neighborhood? Board's Finding: No. All agreed. 4. Has there been anv self-created difficultv? Board's Finding: No. All agreed. After a brief discussion regarding the outstanding issue in Number 1 above, a motion was made by Member Finn to postpone the ZBA's decision until the Reputed Owner provides competent financial evidence required to support a hardship. The motion was seconded by Member Aloi, with the vote recorded as follows: Ayes: Member Finn Nays: None Member Bilodeau Member Aloi Abstain: Chairman Plew Absent: Member LeFevre Motion passed. This becomes Action #21 of 2014. 11 PUBLIC HEARING #6 11 J. Lee Ambrose, Avvlicant/Revuted Owner - 1199 DaVinci Drive - TM #76.00-02-13.000 - Storage Building on Parcel Chairman Plew recognized Attorney Bill Pomeroy, representing the applicant who is in the process of selling his home, and the proposed purchaser does not want the storage garage on this parcel, as shown on the aerial photo accompanying the application. Attorney Pomeroy reviewed the previous history of this property. An accessory building is not allowed on a parcel without a dwelling. Therefore, a variance is needed to allow this before it goes before the Town Planning Board for a Lot Line Adjustment to eliminate this flag lot. Chairman Plew asked if there was anyone 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 6:57 p.m. DISCUSSION/DECISION With no further discussion, a motion was made by Member Finn to grant the variance as requested. The motion was seconded by Member Aloi, with the vote recorded as follows: Ayes: Chairman Plew Nays: None Member- Finn Member Bilodeau Absent: Member LeFevre Member Aloi Motion passed. This becomes Action #22 of 2014. Page 7 of 9 a? AUG 1 8 2014 Minutes - Public Hearings - (T) Cortlandville Zoning Board of Appeals 29 July 2014 PUBLIC HEARING #7 I� Robert Felt. Applicant/Reputed Owner - 3993 Northwav Drive - TM #85.16-01-14.000 - Front Yard Less than Allowed Chairman Plew recognized the applicant who stated he had been looking for a place on his parcel to place a storage shed. Due to the topography of their lot, which is hilly, there is very limited flat ground to do so. Therefore, they would like to put a shed at the front of their lot, six feet from the front property line, as shown on the map accompanying the application. He also showed photo(s) to the Board. The proposed shed would be either 10 ft. by 12 ft. or 10 ft. by 14 ft., and be finished to match the exterior of their home. Chairman Plew asked if there were any comments from the public; they were received as follows: Karl Blixt - 3972 Woodside Road - Not in favor of allowing storage sheds in the front of a house. Also has issues with RVs parked in driveway and travel trailers parked in front yards. Neighborhood is changing. (Chairman Plew stated that the RV and travel trailer issue had nothing to do with the Felt's property.) Marilvn DeLorenzo - 3481 Woodside Road - Why not put it in back? Opposed to shed being in front of house. Mr. Felt responded that there were utilities in the way and once beyond those, the lawn rises straight up a hill. Member Finn shared the Felt's photo with the audience to show them what is being proposed. Member Aloi commented that "It's the only place they can put it." David Jacobsen - 3980 Northwav Drive - 'Concerned that granting this variance may set a precedent. He objected to granting of the variance Town Attornev John Folmer - Advised those present that granting of a variance does (� `} not set a precedent for this. l With everyone heard who wished to be heard, Chairman Plew closed the Public Hearing at 7:07 p.m. DISCUSSION/DECISION ZBA Member Tom Aloi then proceeded with the required questions (balancing test), with the responses being given by the ZBA members, as follows: 1. Will an undesirable chanL-e be produced in the character of the neighborhood, or a detriment to nearbv properties be created?. Board's Finding: No. All agreed. 2. Can the applicant achieve his szoals via a reasonable alternative which does not involve the necessitv of an area variance?. Board's Finding: No. All agreed. 3. Is the variance substantial? Board's Finding: No, it's not substantial. All agreed. 4. Will the variance have an adverse impact on phvsical or environmental conditions in the neighborhood or district? Board's Finding: No. All agreed. 5. Has there been anv self-created difficultv? a Board's Finding: Yes. With no further discussion, a motion was made by Member Bilodeau that, based on the ZBA's findings, a variance is granted to allow for a storage shed with a front yard less Page 8 of 9 a9 AUG 1 8 2014 Minutes - Public Hearings - (T) Cortlandville Zoning Board of Appeals 29 July 2014 than allowed, as requested. The motion was seconded by Member Finn, with the vote being recorded as follows: Ayes: Chairman Plew Nays: None Member Finn Member Bilodeau Member- Aloi Absent: Member LeFevre Motion passed. This becomes Action #23 of 2014. APPROVAL OF MINUTES — '24 JUNE 2O 14 A.motion was made by.Member Finn to approve the Minutes of the 24 June 2014 Zoning Board of Appeals meeting, 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 Aloi Absent: Member LeFevre Motion passed. This becomes Action #24 of 2014: ADJOURNMENT At 7:11 p.m., on a motion by Member Finn, -seconded by Member Bilodeau, 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, TW & DC on 8/17/14. Page 9 of 9 0 CT 2 c,, 2014 ATTENDANCE SHEET (T)✓ColiTia'riwILI;E: ZONIN. G BD. -OF-,APPEALS MEETING :OI•'- r/aJ (Your attendance is recorded in the meeting Minutes P. INName: 504 �Jc�►n LUr'�S 13 't Regarding: Complete Address: /cC!/t ��T% 4'� b e -d [0,"1,e ( 6I )r7C f 1-3o7' -v0 %t loft l�.1/� �� 3 SG�.L nt1�rS U co i ClonCir ' V Ovorzsirke_ 0-J. C&ftal'l �c�.V iL1 v I, V�Thvl ��-.tt�bs�-�-- Iv a✓`('�ivczy Uolilr i cg-��cA_ I �1�p�oi�1 '.-,- V30 lnli l�l�m Q- , CO(Y1C'CU� � > SVA fD�- r � tin -}- ►��.�`C_ �� �� , ,i�=`_ , � S F\'r �/i . � � ��. �v � e fro �-- 1��6'7 5��'�✓ t� ))dor m .lJ, , , ,--- l ��JKS d r rK ZONING 3 `l81 wood -,a,--- '� c ko a. G -6\N r vA 'M firlhway C 133t ��"ar� C 41MA NY �16 W t�u�Ii 3 433 S4 -4y-- ICS- 2- cT <o,-Jt,,r rY (30z ; 1'j S f� rtrl� cGP�I fiN r N•1.s. ,3687 15nCGrc�uD 13101 . APPEALS Meeting 3C OCT 2 9 2014 TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS Public Hearing/ Meeting Minutes - Tuesday, 26 August 2014 - 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 Applicants & Public Present Tammy Thomas, Applicant; Glenn Evans, Applicant; Patrick Hillery, Joanne Finlay, Dora Leopardi, Kent Finkelstein, Joe Ferro, Jamie Yaman, Lee Scott -Mack. The Public Hearing was opened at 6:15 p.m. by Chairman David Plew, who read aloud the Legal Notice as published in the Cortland Standard on 14 August 2014, 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 26, 2014, 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 applications pursuant to the 1986 Zoning Law: 1. In the matter of the application of Glenn Evans, for property located at 1307 Starr Road, Tax Map No. 96.11-01-10.000, for a variance in the terms and conditions of Article V, Section 178-20, to allow for a community woodshop. 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.) REQUEST FOR RE -HEARING Tammv L. Thomas, Applicant/Reputed Owner - 4271 NYS Route 281 - TM #76.18-01- 23.000 - Retail Sales in an R-1 District Chairman Plew announced that the applicant was requesting a re -hearing of her variance request to conduct retail sales in an R-1 District which was denied on 1 December 2009. Ms. Thomas had attached the following narrative to her application: Page 1 of 5 OCT 2 9 ?014 Minutes - Public Hearing - (T) Cortlandville Zoning Board of Appeals 26 August 2014 -.was turned -down.when-I applied for a showroom in my home;:for_mywholesale business. I am, again asking that,the.eommittee io-reconsiderbrid allow`,me to open my wholesale business. at 4271 West Rd in CortlaridvillL This is no lo,onger just.a'`convenience but,has become a necessity: : have had the business at 260 M tL an;Rd.fo[ the -past 33 year's but --after DOT needed my home to .expand Rte'281rit.has become.impossible, for:riie to_.fun my business there. 1 am total wheelchair dependent and unable;to get Into the,buildings on McLean Rd..I also,;.cannot be at the building each day as;there are:no`facilities there. I tiave'teied various.tfaings but word has now. gotten:around'and:peop,le don't`come to:buy anymore.,THeytfiink,;because no, one ;is et the business that Pam not -in business or they'don'tWant'to"bothe ,,,-.me;,by'a`sking ine to:fnd someone to rrieet-ihem-atilie.b6siness. l also hope'to sell the property to pay off my debts. It has!been on the market for" many yearstutl.tiave told the realtor,'recently;to sell at -nearly ariy'price just'so I can pay off rny,mortgages a'nd other debts. 'I have been'7unningmy tax businessfrom my home'at 4271'West Rdsince it was -built, n •2009 and tenants, customers'and.family have no. problems.getting-in andout of my place. Therelave: been. no o accidents or troubles here"" (sell •wholesale so:=it is`not°an."open to public'."type business. Itis not often' awliolesate customer Would_need.to come 'to••my-bUsiness`a5 they.are either on the internet be they just call and order over the phone. 13ut to successfully ;run. the Business 1--h.ave:to lie able toollow1fiem to come -here to view the.rimerchand'rie.or:to pick up their; orders:'if they Want to. This is especially important to get -the busiries's started agate. -1 haveTnotbeen.able to.run the business for tFie last several jiears incl desperateiy need the income;and.to "reduce the huge inventd' 1 have. I -am Willing fo provide the committee, With copies of my taxes-so'you-can'seei f have not:had to file:the.busihess.as:there has been no income. I can also, provide'you' with copies of "no sales"�annual'.sales taxes. l have a -huge inventorywhich.'is, a.tile to generate`a`"n, income for me.if l can,ge't your,petrriission.to operate my businessfrom home. IVIy home: is set"up so (,can get ' and function in eVery room. 1'would be ableto use the inverit6ryto,5upplement;my Income. 'rfie`money 1 -get now.does not pay fo.r all my expenses and it is becoming more of;a struggle as 1 have used, up, iny,savings. I have notbeen able to pay land and school taxes'when`ilue for.:years and°other bills'are,on:paymenfplans which end up costing_ me more. I run my'tax business, succe-, uuIIy;;but as;l.gef older l `am: unaF le'to do the. same -amount as_I use to. It covers the taxes and insurances_but doesn'Ygo`mu' h b-eyond. The.Wbusines" would go also give me occupation which_a3, important at my age: ,It,would help me keep'active: .99.9%,6t my wholesale business-is'during May tFirough,December,so'it would hot_be;increasing•tFaffic iglinuary to April, which are the prima _ry.hionths;thatmy tax:business operates: � `Ido not lightly, this is really.crucial to mein many ways. Valready have'the/merchandise it Would be the.answer•.to prayer to be,able to Lite it to generate n -come that I so badly need I;vvill meet whatever require_ ments the committee asks of me if theyto 'o :will.allow me perate ttiis,small.businessm fromy homer Thank you''solnuch for jiour.conslderation: Chairman Plew asked the Board if they wished to have a re -hearing on the matter. A motion was then made by Member Tom Aloi to grant a re -hearing of -the variance that - was denied on 1 December 2009 (#29) to allow for -retail sales in an R-1 District. .The motion was seconded by Member John Finn, with the vote recorded as follows: Ayes: Chairman Plew Nays: None Member Finn Member Aloi Absent: Member Bilodeau J Member LeFevre Motion passed. This becomes Action #25 of 2014. Page 2 of 5 31 OCT 2 0 2014 34 Minutes - Public Hearing - (T) Cortlandville Zoning Board of Appeals 26 August 2014 PUBLIC HEARING Glenn J. Evans. Avolicant/New Avostolic- Church. Revuted Owner - 1307 Starr Road - TM #96.11-01-10.000 - Use Variance for Communitv Woodworking Shoo Chairman Plew read from an 8/13/14 narrative addressed to the Town ZBA from the applicant (a copy of which has been placed on file for the record). The narrative contained bulleted responses from the New Apostolic Church in answer to the Board's 29 July 2014 questions asked at that initial Public Hearing. Chairman Plew asked if there was anyone from the audience who wished to speak on this variance request. Comments. were received as follows: Lee Scott -Mack - Stated that hardship must be on the property, not the owner. No other proper use for that property. She gave examples. Objects to granting, of variance. Chairman Plew reiterated the length of time the subject property has been on the market. He gave the Full Market Value and Purchase, Offer amounts for the -property.. PZO Bruce Weber stated that the hardship is with the property and explains "hardship." It's not a financial hardship of -the church, its that the property itself cannot be used for what's allowed in in the. district. He elaborated on this. Joanne Finlav - Claimed she did not receive the first notification of a public hearing. Concerned with possible noise and added traffic. Objects to granting of.variance.. Patrick Hillery - Employed by Pyramid Brokerage. Has been showing subject property regularly and has had sign in place for a long period of time, almost two. years. Has gone the "extra mile" to sell property as a church, albeit unsuccessfully. j Lee Scott -Mack - Likes property as a church; would like to see it remain a "neighborhood." Kent Finkelstein .- Would like someone to tell everyone the nature of this woodworking shop. Mr. Evans explained how the community shop would work, as indicated in his application: maximum of 22 persons at one time; windows closed all the time as building is heated/air-conditioned; will plant additional flowers; only exterior difference will be a smaller sign; brick building w/thick walls will keep noise inside; all work is supervised. Cortlandville Resident - Sounds like an opportunity for growth. Could be something for the community. Doesn't care either way. Member Tom Aloi was concerned with lumber trucks, as well as noise escaping when. doors are opened. Mr. Evans stated that there are double doors in the entryway that would prevent this. Not many lumber deliveries; workers would most times bring .their own projects/materials. Jamie Yaman - Works with Glenn Evans at Cornell. He will not come in and be a detriment to the neighborhood. He's a nice, pleasant, stand-up guy. Joanne Finlav - Has nothing against applicant; just doesn't want a commercial -:type use. There has to be other places somewhere in town that are zoned for something like this that are for sale. Kent Finkelstein - What are the hours? Mr. Evans answered: from 10 a. m. to 7 p. m. on weekdays, and 10 a. m. to 5 p. m. on weekends. - `J Joe Ferro - Asked about sign requirements. PZO Weber advised. Page 3 of 5 OCT 2 9 2014 Minutes - Public Hearing - (T) Cortlandville Zoning Board of Appeals 26 August 2014 Lee Scott -Mack - Asked if variance stayed with the property. PZO Weber explained that the variance is only for what's been applied for; next owner would be obligated to follow the restrictions for that variance. Kent Finkelstein - What is the process? Member Finn commented that the Board will be making its decision tonight. If variance is granted, it will go before the Planning Board for a Conditional Permit. With everyone heard who wished to be heard, Chairman Plew closed the Public Hearing at 7 p.m. DISCUSSION/DECISION Member Aloi thought that the people liked the .idea of a community woodworking shop, but they did not want it in their neighborhood. Member Finn agreed. Kent Finklestein spoke up and stated he lived by, himself in the neighborhood and had --no objection to what was proposed; however, if he had young children, he might. Member Lenore LeFevre asked about applicant's experience and if children would be allowed; the applicant answered. Member Finn thought it was a great opportunity.. If variance is denied, the property could have a lot less desirable occupant in the neighborhood. PZO Weber explained that the SE'QRA review had been completed at the last meeting, and it was determined the proposed use would not have an adverse environmental impact on the neighborhood. All other criteria had been previously considered, except for the hardship question. This is why tonight's meeting was held—to acquire the additional information requested. A motion was made by Member Finn that, based on the information provided for the previous meeting and the new information provided at this meeting, the hardship has y not been self-created. The motion was seconded by Member LeFevre, with the vote recorded as follows: Ayes: Chairman Plew Nays: None Member Finn Member Aloi Absent: Member Bilodeau Member LeFevre Motion passed. This becomes Action #26-1 of 2014. A motion was then made by Member John Finn to grant the use variance to allow for a community woodworking shop, as requested. The motion was seconded by Member Ayes: Chairman Plew Nays: None Member Finn Member Aloi Absent: Member B_ ilodeau Member LeFevre Motion passed. This becomes Action #26-2 of 2014. Page 4 of 5 33 OCT 2 g 2014 3� Minutes - Public Hearing (T) Cortlandville Zoning Board of Appeals 26 August 2014 i APPROVAL OF MINUTES - 29 JULY 2014 A motion was made by Member Aloi to approve the Minutes of the 29 July 2014 Zoning. Board of Appeals meeting, as submitted.. The motion was seconded by Member Finn, with the vote recorded as follows: Ayes: Chairman Plew Nays:. None Member Finn Member Aloi Absent: Member Bilodeau Abstain: Member LeFevre Motion passed. This becomes Action #27 of 2014. ADJOURNMENT At 7:15 p.m., on a. motion by Member LeFevre, seconded by Member Aloi, 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, TW & DC on 10/28/14.' Page 5 of 5 Mo OCT 2 9 2014 ATTENDANCE SHEET'.* (V) , TRUSTEES PLANNING BD. ZBA DATE: �,' 6 i ,l L _ (Your -attendance is recorded in the meeting Minutes.) r'PRINTED) Name: Regarding Application of: ' Complete Address: L • Th �p�v►i � ��5� � � ss Yo2?/ %.rT�cf �� �l �os�.�% ��n�ck �i',Il�►�t; ���,�� f�f�G�l.'c�.-r�o�Jh i� r vCaA-A'��Q �Ji CL,-/ J .n S p l Call n1 3l0 �F ow ergo Sf . C fi a �►d n.P L Vdt-u1 s t i f c,rnd i/a(� � l� :� �l r' CAuz 1 tP rf� � r� w� ��, ��s ' 13L2-- 5°r�-V&- C -D `3 E 1'Z Vie..-��a.r \/e.� �1c,✓ 0 35- N 0, 5 N0,' - 3 2014 TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS 1 Public Hearings/ Meeting Minutes - Tuesday, 30 September 2014 - 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 Applicants & Public Present Tammy Thomas, Applicant; Michael Collyer, Applicant; Kevin Reardon for T. J. Sign Solutions, Applicant. 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 September 2014, 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 30, 2014, 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 applications pursuant to the 1986 Zoning Law: 1. In the matter of the application of Tammy Thomas, for property located at 4271 NYS Route 281, Tax Map No. 76.18-01-23.000, for a variance in the terms and conditions of Article IV, Section 178-17, to allow for a wholesale business. 2. In the matter of the application of Michael Collyer for property located at 3651 Fairview Dr., Tax Map No. 95.11-01-22.000, for a variance in the terms and conditions of Article IV, Section 178-17 A, to allow for a side yard less than allowed. 3. In the matter of the application of Andrej Kolut for property located at 4339 Alexandria Dr., Tax Map No. 76-18-01-16.000, for a variance in the terms and conditions of Article IV, Section 178-17 A, to allow for a front yard less than allowed. 4. In the matter of the application of TJ Signs Solutions for property located at 867 NYS Route 13, Tax Map No. 95.00-10-04.000, 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. 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 NOV - 3 9014 Minutes — Public Hearings - (T) Cortlandville Zoning Board of Appeals 30 September 2014 PUBLIC HEARING # 1 Tammv L.'Thomas. Annlicant/Reputed Owner - 4271 NYS Route 281. - TM #76.18-01- 23.000 - Retail Sales in an R-1 District Chairman Plew asked the applicant to .explain her second request for a variance (first request was. _denied in December 2009, with a re -hearing agreed upon at the .August 2014 meeting of this Board). Ms. Thomas explained that she would like to operate a wholesale business from her residence at this location. Attached to her application for a variance was a narrative that she had prepared, as follows: 1. was turned down when'I,applied for.a.showroom,`in'my home;`:for'mywfiolesale business. I am,;again asking that the con initfee.•to 'reconsider and allow`ine to. open my iivhoiesale business at.4271 West Rd' in Cortlandville:'This; is"no-longer`Just.a convenience fiut has become;a'necessity. 1 have'had;the'businessat 200 McLean ,Rd for the. past 33 years but after DOT needed my home.to expand}Rte.281 it;has beconie;impossible for:nie'to run:my business there. I am total wheelchair dependent and unable• 7o get into thb buildings.ori McLean.Rd l also,'cannot beat the buildin&bach.day as.fhereare 'nofacilities There:` I have t�ied�,various things:but word has nowagotten.around and people , " ome to _buy anymore:,They.think:;because no:one.is at the;business tliaf`I am:not in business or. they don't -want to1.:"bother: me, by asking me to find someone to meet them' iftlie business. I also hope to sell the.property'to pay off my:debts: Ithas been on the market fornianyyea�s,butl have'told the reaitor, recently to sell at nearly any price`just so' I.can pay off rriy mortgages, and other -debts. have been°running my taz; business'from my home:at 4271 Vl/est: Rd_since.it:wasbuilt in "2009 acid tenants, customers andsfamily have no;-problems.getting iri and out of my place., There hayeaieen, no .., accidents or 6 't bies.he­ re: ' ' I sell wholesale so.itIsnof an. "openao public" type business. Itis not;often a wholesale customer would. need: toxome:tolrfiy business as they.are:either on'the internet or they just call and:order over - Pee, the phone. But to successfully run; the busines"s'1 have to be able to allow them°to come here to view s .. _ .. theme chandize_or'to'Pick'upthefr order"s if they want.to.'This is e9peciaily1mportantito get�the business started again'. I have not been able;to tdhit ie business-foFthe• last several.years and desperately need.the;income and.'to;reduce the'huge-inventory. ihave., -1am willing to•provide the comrnitteewith'copies~of myfazes so you can seeahave: not had.to file ,.the business,as_there has been no income: J can also,;provide you with copies of "no sales" annual sales taxes: 1 have a huge inventory.which is able4o genetate;an'income forme if l can get your.perinission.to operate-my'busin`ess from.home. Nly;k omehisFg"'J'' so Pcan.'geilto-and function hn everyroom. l.would be.able to use the mventory to supplement my Income The riioney (get now does not -pay for:all my expenses:andit-is becoming*moreofasfruggle:es l;have used'up mysavings. 1 have not been able to pay land and school taxes when due for years and other, bills:are on,.payment plans:which end'up costing me more. I runsriyaax business:successfully�'but°as"l;g'et, o'fd'e"r 1.-am,wnable'to dothe same;am-o' u"nt°as l' use to Itcovers the taxes and insurances=lint_doesn't:go much b'eyond._-The:wholesale business`.would alsoigivd me occupation ,WWch.as`important ft'my age It would help me keep active: _. 99.9%.of my wholesale business is during May through Decemberso it•would not.tie..Iricreasmgaraffic✓ during,JanuaryY' April, which are the:primary montlisahat'mf aaz'business o'erafes+;x: =; :., .,.. ... r: ;1=`do n"'ot.ask,fightly; this'is.really crucial�to ine,in many;ways: 1 already have,t ,q,. ierchaniiise :it would. be the answer to prayer to be able -to use it to:generate income that 1'so badly need I'wil+l'.meet whatever requirements the-cbtTiinittee-asks.o .me.ifthey:will,allow me to:operate.thisamall:-busiii s_from my TFienk you'so mucF for:your consideration. Page 2 of 5 NOV - 3 2014 37 Minutes - Public Hearings - (T) Cortlandville Zoning Board of Appeals 30 September 2014 Chairman Plew asked Ms. Thomas how many client a day would she have visit her home, and she responded from 20 to 30 per year. f% Member Tom Aloi felt this was not a self-created hardship. Chairman Plew asked if there was anyone from the public 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 6:22 p.m. DISCUSSION/DECISION With no further discussion, a motion was made by Member Aloi to grant the variance to allow for a wholesale business in an R-1 District, 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 Aloi Member LeFevre Motion passed. This becomes Action #28 of 2014. PUBLIC HEARING #2 Michael Collver. Applicant/Reputed Owner - 3651 Fairview Drive - TM #95.11-01-22.000 Side Yard Less than Allowed Chairman Plew recognized the applicant who was seeking an area variance to "add a garage on the side of his house" as shown on the sketch accompanying his application. The addition would fall closer to the side property line than allowed. Mr. Collyer stated he had talked with his closest neighbor (Melissa) who has no problem with the construction Chairman Plew asked if there was anyone 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 6:25 p.m. DISCUSSION/DECISION With no further discussion, a motion was made by Member Aloi grant the variance for a side yard less than allowed, 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 Aloi Member LeFevre Motion passed. This becomes Action #29 of 2014. Page 3 of 5 N0"'! - 3 ?014 Minutes - Public Hearings - (T) Cortlandville Zoning Board of Appeals PUBLIC HEARING #3 30 September 2014 T. J. Sian Solutions, Auulicant/David Yaman. Reputed Owner - 839 NYS Route 13 - TM #95.00-10-4.000 - Illumination of Building -Mounted Sian (Cortland Nailsj Chairman Plew recognized Kevin Reardon, representing the applicant who was seeking an area variance to illuminate a building -mounted sign for the new "Cortland Nails," as shown on the 7/15/14 drawing accompanying his application. The time for the business to be open and for the proposed sign to be illuminated was discussed. Mr. Reardon reported the business closed at 8 PM. He also stated he would install a timer to turn off the sign at whatever time the ZBA designated. Chairman Plew asked if there was anyone 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 6:32 p.m. DISCUSSION/DECISION After a brief discussion, a motion was made by Member Tom Bilodeau to grant the variance : for the illuminated building -mounted sign, as requested, but with the illumination to be turned off at 10 p.m. 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 #30 of 2014. PUBLIC HEARING #3 Andrzei Kolut, Applicant/Reputed Owner - 4339 Alexandria Drive - TM #76.18-01- 16.000 - Side Yard Less than Allowed Chairman Plew asked if there was anyone present to represent the applicant who was seeking an area variance to extend the front entry on his house. There was no one. The Public Hearing was not closed. Chairman Plew asked if there was anyone from the audience who wished to speak on this variance request; there was no one. With no further discussion, a motion was made by Member John Finn to postpone consideration of the requested area variance until the next ZBA meeting in order to allow the applicant/ representative to be present. The motion was seconded by Member 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 #31 of 2014. Page 4 of 5 W NOV - 3 2014 Minutes - Public Hearings - (T) Cortlandville Zoning Board of Appeals 30 September 2014 I OTHER MATTERS I Codv S. Sweet; Aunlicant/Revuted Owner - 481 NYS Route 222 - TM #95.00-01=06.000 Variance to Allow_ Two Homes on'Sinale Lot PZO Weber asked the Board to deny this variance as .the applicant had failed to bring in the information requested at the 27 May 2014 meeting of this Board (Action #9). A motion was then made by Member Finn to deny the variance for two homes on a single lot, based on the applicant's failure -to provide the requested information. 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 #32 of 2014. Samuel G. Fish. Jr.. Avvlicant/Revuted Owner - 1045 NYS Route 222 - TM #86.13-01- 37.100 Member Finn stated that this Board had previously granted a variance to Mr. Fish to allow two residences on the subject property conditioned upon (1) compliance with Property Maintenance Code and (2) any unlicensed, uninspected vehicles need to be kept out of sight. However, now that the leaves are coming off the trees there are two additional vehicles there. PZO Weber commented that the NYSDOT will probably not give Mr. Fish a permit, as they do not want the -house moved, so the Board's condition is most likely moot. ADJOURNMENT At 6:45 p.m., on a motion by Member Finn, seconded by Member Bilodeau, with everyone present voting in the affirmative, the meeting was adjourned. r J E. Fitch, Board Secretary Page 5 of 5 Emailed to KS/KP, Bd. Members, JBF, BW, DD, TW & DC on 11/2/14. 39 FEB 2 5 2015 _ - ATTENDANCE_ SHEET _ (T) %.ORTLANDVILLEJ "ZONING -BD. OF APPEALS (Your attendance is recorded in the meeting Minutes.) PRINTMEI> Name: Regarding: /lel &w r v I C%J6V Dr ZONING Complete Address: .t rob 13 APPEALS Meeting Only _ �o D EC 1 5 2014 TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS Public Hearings/ Meeting Minutes - Tuesday, 25 November 2014 - 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 Thomas Aloi Lenore LeFevre Applicants & Public Present Andrzej Kolut, Applicant; Preston Harris for Allied Sign Company, Applicant; Randy Petruzzi for Ray Petruzzi, Applicant. 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 13 November 2014, 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, November 25, 2014, 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 Allied Sign Company for property located at 706 NYS Route 13, Tax Map No. 105.00-01-49.110, for a variance in the terms and conditions of Article XVIll, Section 178-112, Table 1, to allow for a building -mounted sign to be illuminated. 2. In the matter of the application of Ray Petruzzi for property located at 2305 Blodgett Mills Road, Tax Map No. 97.04-02-34.000, for an interpretation. 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.) I 'PUBLIC HEARING # 1 1 Allied Sign Comoanv. Applicant/DMK Development -Cortland LLC, Reputed Owner - 706 NYS Route 13 - TM #105.00-01-49.110 - Illumination of Building -Mounted Sign JCortland Nailsj, Chairman Plew recognized Preston Harris, representing the applicant who was seeking an area variance to illuminate a building -mounted sign for the new Tractor Supply Co. as shown on the drawings accompanying the application. The time for the business to be open and for the proposed sign to be illuminated was discussed. Member Tom Aloi informed Mr. Harris that the ZBA usually requires the illumination of a sign to be turned off when the business is not open. Page 1 of 4 DEC 1 5 ?014 ------------ - - ------ -------- ---------y �--- Minutes - Public Hearings - (T) Cortlandville Zoning Board of Appeals 25 November 2014 Chairman Plew asked if there was anyone 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 6:50 p.m. DISCUSSION/DECISION After a very brief discussion, a motion was made by Member John Finn to grant the variance for the illuminated building -mounted sign, as requested, but with the illumination to be turned off one hour after closing. 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 #33 of 2014. II PUBLIC HEARING #2 Andrzei Kolut. Applicant/Reputed Owner - 4339 Alexandria Drive - TM #76.18-01- 16.000 - Side Yard Less than Allowed - Cont'd from 9/30/14 ZBA Meeting Chairman Plew recognized the applicant who explained that he was seeking a variance in order to extend his front entryway to accommodate the overhanging roof. This extension would fall 43± feet from the road which is a cul-de-sac, and a 50 -foot setback is required, all as shown on a copy of the maps accompanying the application. Chairman Plew advised that he had talked with the applicant's neighbors who stated they had no problem with the granting of the requested variance. Chairman Plew asked if there was anyone 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 6:55 p.m. DISCUSSION/DECISION 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 applicant achieve his goals via a reasonable alternative which does not involve the necessitv of an area variance?. Board's Finding: No. All agreed. 2. Will an undesirable change be produced in the character of the neighborhood. or a detriment to nearbv properties be created?. Board's Finding: No. All agreed. Page 2 of 4 DEC 1 5 22014 Minutes - Public Hearings - (T) Cortlandville Zoning Board of Appeals 3. Is the variance substantial? Board's Finding: No, it's not substantial. All agreed. 25 November 2014 4. Will the variance have an adverse. impact on Dhvsical or environmental conditions in the neighborhood or district? Board's Finding: No. All agreed. 5. Has there been anv self-created difficultv? Board's Finding: No. With no further discussion, a motion was made by Member Aloi to grant the variance for a front yard less than allowed, 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 Aloi Member LeFevre Motion passed. This becomes Action #34 of 2014. �1 I� PUBLIC HEARING #3 Rav Petruzzi, Applicant/Reputed Owner - 2305 Blodgett Mills Road - TM #97.04-02- 34.000 - Interpretation (Single-Familv OR Two -Family Residence] PZO Weber explained the "classification" history of the subject property. The applicant was requesting that the residence on this property be classified as a two-family dwelling. In 1995, (before this property was purchased by Mr. Petruzzi) according to the property record in the Assessor's Office, it was (upon request) re-classified as a single-family dwelling as the same family occupied the entire residence. PZO' Weber's position is that there was a request made to have the property re-classified as a single-family dwelling, which was done. The request was made by someone with the last name of "King." According to PZO Weber, the tax bill that has been sent out since 1995 has listed the property as Class 210, one -family residence. In 2012, a certified letter was sent to Gregory King, signed for by Jennifer King, with a copy of the tax bill attached. No request was made to change the zoning classification. Based on the information in the property file, and PZO Weber's conversation with Town Assessor David Briggs, it is PZO Weber's interpretation that the classification of the property should remain as 210, single family. Randy Petruzzi advised that nothing has changed on the property for 40 years, and when he recently purchased the property he thought he was purchasing a two-family residence. Board Member Lenore LeFevre asked the appellant if, when he purchased the property, he had an attorney. He said he did. At the time of purchase, she stated, the property was classified a single-family on the tax roll and, at the closing, Mr. Petruzzi would have received and signed paperwork indicating the classification of the property. With everyone heard who wished to be heard, Chairman Plew closed the Public Hearing at 7:18 p.m. Page 3 of 4 0 EC 1 5 2014 Minutes - Public Hearings - (T) Cortlandvillee-Zoning Board of -Appeals 25 November 2014 f , DISCUSSION/DECISION After a brief discussion, a motion was made by Member John Ficin that the Town of Cortlandville Zoning Board of Appeals arees with the Town's Planning/ Zoning Officer that the subject property should be classified as a single-family residence. The motion was seconded by Member 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 #35 of 2014. APPROVAL OF MINUTES — 30 SEPTEMBER 2014 A motion was made by Member Bilodeau to approve the Minutes of the 24 June .2014 Zoning Board of Appeals meeting, as submitted. 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 #36 of 2014. ADJOURNMENT At 7:25 p.m., on a motion by Member LeFevre, seconded .by Member Finn, with everyone present voting in the affirmative, the meeting was adjourned. f J E. Fitch, Board Secretary Emailed to KS/KP, M. Members, JBF, BW, DD, TW & DC on -12/14/14. Page 4 of 4 y3 FEB 2 5 X015 ATTENDANCE SHEET " QRT+I3A�NDUIDDEA�PPEA��L - MEETING OF P - �� (Your attendance is recorded in the meeting Minutes.) Name: �res� �a+� � ►'S I Regarding: Complete Address: �3D.� i�locl��� ✓hr�� o7S�{Z � ��riv ��-3�� 63) j /�� ©Y ,,,Z;- O{F APPEALS �VIee'tiriYg O_nl JAN?02015 TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS Public Hearing/ Meeting Minutes - Tuesday, 30 December 2014 - 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 Avolicants & Public Present Scott Walter, Applicant; David Stafford, Jeff Kmetz. Others Present Bruce Weber, Planning/Zoning Officer Joan E. Fitch, Board Secretary The Public Hearing was opened at 6:58 p.m. by Chairman David Plew, who read aloud the Legal Notice as published in the Cortland Standard on 7 December 2014, 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 30, 2014, at 7 p.m. at the Raymond G. Thorpe Municipal Building, 3577 Terrace Road, in the Town of Cortlandville, New York to consider the following applications pursuant to the 1986 Zoning Law: 1. In the matter of the application of Scott Walter for property located at 4367 NYS Route 281, Tax Map, No. 76.14-01-59.000, for a variance in the terms and conditions of Article IV, Section 178-16, to allow for an additional Single - Family Dwelling Unit. 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 # 1 Scott Walker. Avvlicant/Reputed Owner - 4367 NYS Route 281 - TM #76.14-01-59.000 - Additional Single-Familv Dwelling Unit Chairman Plew recognized the applicant who explained that there currently is a duplex dwelling on this parcel, along with a storage building which was converted from a single-family residential structure when the duplex was built. Mr. Walter would like to convert a 506± SF portion of the storage building into a one -bedroom apartment which, as stated in the narrative attached to his application. Member Tom Aloi stated he had visited the subject parcel and had no questions for the applicant. Member Tom Bilodeau had no questions. Chairman Plew reviewed the report received from the Cortland County Planning Department which included in its recommendations that the applicant show there are unnecessary hardships before any variance may be granted, which he read aloud. Mr. Walter explained that he wants a place for his son to stay when visiting. Chairman Plew complimented the applicant on the nice appearance of the existing structures. Page 1 of 3 JAN 20 2015 yS Minutes --Public Hearing - (T) Cortlandville Zoning -Board of Appeals 30 December 2014 Chairman Plew_ asked if there was anyone from the audience who wished to speak on this variance request; there were, as follows: ^_ Jeff Kmetz - 4357 NYS -Route 281 (West Road) - Opposed granting of the variance as it would not be conducive to the neighborhood. Complimented applicant on what he has 'done with =the -property. -Asked--what -Will 7happen -if _he -sells -this property? --Will"next --- -_-. _ - owner maintain it as well as Mr. -Walter? Fears what may be "down the road." David Stafford - 4366 NYS Route 281 (West Road) - Concerned there's no, sewer system on that side of the road. Chairman Plew read aloud a letter dated 11 / 10/ 14 to Mr. Walter from Michael J. Ryan, PE, of the Cortland County Health Department which indicated that the proposed "addition is acceptable to the Health Department." The existing septic system will support the additional apartment. Board Member John Finn asked the applicant if he had considered dividing the property; PZO Bruce Weber responded it may be subdivided, but then there would be an issue with the County Health Department. With everyone heard who wished to be heard, Chairman Plew closed the Public Hearing, at 7:14 p.m. DISCUSSION/DECISION ZBA Member Tom 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 aDDlicant realize a reasonable return as shown by competent financial evidence?. Board's Finding: No. All agreed. 2. The alleized hardship is uniaue and not aD_ Dlicable to a substantial portion of the zoninia district?. Board's Finding: There is no hardship. All agreed 3. Requested variance will not alter the essential character of the nei--hborhood? Board's Finding: No. All agreed. 4. The alleL-ed hardship is not self-created? Board's Finding: If there is one, yes. All agreed. With no further discussion, a motion was made by Member Finn that, based on public testimony,. supporting documentation, ZBA findings, and with no demonstrated hardship, the requested use variance to allow for an additional' single-family dwelling unit is denied. The motion was seconded by. Member Lenore LeFevre, with the vote recorded as follows: Ayes: Chairman Plew Nays: Member Aloi Member Finn . Member Bilodeau Member LeFevre Motion passed. This becomes Action #37 of 2014. Page 2 of 3 JAN '02015 q( Minutes - Public Hearing - (T) Cortlandville Zoning Board of Appeals 30 December 2014 APPROVAL OF MINUTES — 25 NOVEMBER .2014==---= -- =--------- --=- -__ A motion was made by Member Finn to approve the Minutes of the 25 November 2014 Zoning Board of Appeals meeting, as submitted. The motion was seconded by.Member. Bilodeau,_ with _the .vote recorded .as follows: -77 - - - Ayes: ..Chairman Plew Nays:.. Member Finn Member Bilodeau . Member Aloi Member LeFevre Motion passed. This becomes Action #38 of 2014. ADJOURNMENT At 7:20 p.m., on a motion by Member Finn, seconded by Member LeFevre, with everyone present voting in the affirmative, the meeting was. adjourned. � Y J E. Fitch, Board Secretary Emailed to KS/KP, Bd. Members, JBF, BW, DD, TW & DC on 1/ 18/ 15. ,V t✓ Page 3 of 3 FED 25 2015 ATTENDANCE SHEET ONIND__UAPPEALS of-.��JU`I(TJ4CORTLANDVILE (Your attendance is recorded in the meeting Minutes.) ~PRINTEL> Name: Regarding: Complete Address: '-M-7 14,lPr� ter) ZONING � APPEALS Meeting '7'&,:%_