HomeMy WebLinkAbout2010APR 2 6 2010
INDEX of ACTIONS - 2010
(T) CORTLANDVILLE ZONING BOARD OF APPEALS
MEETING .
ACTION NO. DESCRIPTION
PAGE NO.�
33//300T/110 1 UC CORTLAND HOUSING, APPLICANT/UNITED GROUP OF COMPANIES,
REPUTED OWNER - 951 NYS Rte. 13 (Cortland College Suites) - TM
#95.16-01-15.000 - Variance GRANTED until. 10/31 /10 for a. building -
mounted sign with an area greater than allowed.
2 POMEROY, ARMSTRONG, CASULLO & MONTY, LLP; APPLICANT/WALDEN
OAKS COUNTRY CLUB, INC., REPUTED_ OWNER - Walden Oaks Boulevard -
Part of TM #96.00-06-02.000 - Variance GRANTED to allow for a rear
yard less than allowed, as requested.
3 SCOTT WALTER, APPLICANT/REPUTED OWNER - 4367 NYS Route 281
(West Road) - TM #76.14-01-59.000 - Variance request for lots with an
area less than allowed POSTPONED. until 27 April 2010 to allow
applicant/rep to be present.
0-
.4 APPROVED ZBA MEETING MINUTES OF 1 DECEMBER & 29 DECEMBER
2009, as submitted.
D y
��'e
� Joan E. Fitch, Board Secretary.
Sent to: Karen/Kris, TB, JO, KW, JF, BW & TW on 4/1 /10. Revised &
sent to Kris on 4/23/10 (changed Action nos. to reflect new year).
S
Page 1 of 1
JUN 17 2010
INDEX of ACTIONS - 2010
(T) CORTLANDVILLE .ZONING BOARD OF APPEALS
MEETING
..g&u ACTION NO. DESCRIPTION PAGE NO.
4/27/10 5 MICHAEL POOLE, APPLICANT/REPUTED OWNER - 429 Hoy Rd. - TM
#85.00-05-06.200 - Variance GRANTED to allow for a storage building- in
an Agricultural District, as requested. r
6 SIGN-A-RAMA, APPLICANT/WM. PORTER REAL ESTATE, REPUTED OWNER
Groton Ave. Plaza— - TM #86.13-01-56.100 - Variance GRANTED for
building -mounted sign to be illuminated until one hour after closing. D
7 SCOTT WALTER, APPLICANT/REPUTED OWNER - 4367 NYS Route 281 -
TM #76.14-01-59 - Variance DENIED for lots with an area less than
allowed. Vote: 3 ayes, 1 nay, 1 no vote. O�
APPROVED ZBA MEETING MINUTES OF 30 MARCH 2010, as submitted.
Joan E. Fitch, Board Secretary
Sent to: Karen/Kris, TB, JO, KW, JF, BW & TW on 4/28/10.
Page 1 of 1
JUN 2 5 2010
INDEX of ACTIONS - 2010
(T) CORTLANDVILLE ZONING BOARD, OF.APPEALS
MEETING
ACTION N0. : DESCRIPTION PAGE NO. N
5/25/10 9 MORRIS ROSEN, APPLICANT/REPUTED OWNER - 4312 No. Homer Ave. -
TM #76.19-01-43.000 - Variance GRANTED for expansion of recycling
facility, as requested, but DENIED for the sign which should be placed on
the building. i
10 DAVID & CHRISTINE HORN, APPLICANTS/REPUTED OWNERS - 920 Blue
Creek Road - TM #85.00-08-16.000 - Variance DENIED to allow for two
single-family dwellings on one parcel, due to unproven hardship. ]�
Joan E. Fitch, Board Secretary -
-� Sent to: Karen/Kris, TB, JO, KW, JF, BW & TW on 5/28/10
L
Page 1 of 1
AUG 33") 2010
INDEX of ACTIONS - 2010
(T) CORTLANDVILLE ZONING BOARD OF APPEALS
t MEETING
ACTION NO. DESCRIPTION PAGE NO.
6/29/10 11 REDDING HUNTER INC., APPLICANT/BETTY L. BONAWITZ, REPUTED
OWNER - 1084 Tompkins St. - TM #96.09-01-59.000 - Variance request
- GRANTED for a lot width less than allowed, as requested. I1,0
12 STEPHEN JORDAN, APPLICANT/PATRICIA C. & STEPHEN K. JORDAN,
REPUTED OWNERS (dba Shipwreck Golf) - 759 NYS Route 13 - TM
#105.00-01-30.200 - Variance GRANTED to allow for a sign with a
height greater than allowed, as requested.
13 A & W RESTAURANT, APPLICANT/DING, DEMETRIOS D. & DEMETRIOS B.
SOUZAS, REPUTED OWNERS - 883 NYS Route 13 - TM #95.16-02-
43.100 - Variance DENIED to allow for a greater number of building -
mounted signs and signs above the structure to which they are
attached.
14 KEITH A. PACE, APPLICANT/REPUTED OWNER - 277 Tompkins Street -
TM #96.09-01-55.00 - Variance GRANTED to allow for a sign with a
height and closer to property line than allowed, as requested, with sign
to be illuminated from 8 AM to 10 PM.
15 BRIAN BUSH, APPLICANT/RO - 740 Cedar Crest Dr. (Lot 43) - TM #95.11
02-45.000 - Variance GRANTED to alllow for a pool closer to side and
rear property lines than allowed, as requested.
16 ADHAN PIPING COMPANY, INC., APPLICANT/JOANN D. CLOWSER,
REPUTED OWNER - 706 NYS Route 13 - TM #105.00-01-49.110 -
- Variance DENIED to allow a gravel mining operation in an Agricultural and
B2 District, and to allow for a material recycling operation due to (1)a
lack of a demonstrated hardship, (2) granting of the variance will
negatively effect the character of the neighborhood, and (3) the
proposed project is not consistent with the Town's Comprehensive Plan
as evidenced by the Zoning Ordinance.
17 APPROVED ZBA MEETING MINUTES OF 25 MAY. 2010, as submitted.
L 4-5�-
ZarenlKris,
Joan E. Fitch, Board Secretary
Sent to: TB, JO, KW, JF, BW & TW on 6/30/10.
Page 1 of 1
1-7
17
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11
PIA
i
MEETING
DATE
8/31/10
INDEX OF ACTIONS - 2010
(T)CORTLANDVILLE ZONING BOARD OF APPEALS
ACTION NO, I DESCRIPTION PAGE NO.
18 REV. BARRY KERNER, APPLICANT/CCCU, CORNERSTONE CHURCH,
REPUTED OWNER - 236 So. Main St. - TM #96.00-03-02.000 - Variance
GRANTED to allow for a day care center closer to property line than allowed.
19 APPROVED ZBA MEETING MINUTES OF 29 JUNE 2010, as submitted.
if T I
Joan E. Fitch, Board Secretary
Emailed to: Karen/Kris, TB, JO, JF, KW, BW & TW on 9/1/10. JEF
C%
MEETING
DATE
9/28/10
INDEX OF ACTIONS - 2010
(T)CORTLANDVILLE ZONING BOARD OF APPEALS
ACTION NO. I DESCRIPTION PAGE NO.
20 PATRICK RICH, APPLICANT/REPUTED OWNER - 2048 East River Road - TM
#77.00-09-14.000 _ Variance GRANTED for a 40 ft. by 80 ft. heifer/equipment
barn closer to road than allowed, as requested.
it Y
Joan E. Fitch, Board Secretary
Emailed to: Karen/Kris, TB, JO, JF, KW, BW & TW on 10/3/10. J EF
01
t
MEETING
DATE
10/26/10
INDEX OF ACTIONS - 2010
(T)CORTLANDVILLE ZONING BOARD OF APPEALS
ACTION NO. DESCRIPTION PAGE NO.
21 TAYLOR McDERMOTT, APPLICANT/LOWE'S HOME CENTERS, INC.,
REPUTED OWNER - 872 NYS Rte. 13 - TM #95.20-02-02.000 - Variance
GRANTED, whether words are strung out or stacked.
S3
22 RONALD MARSHALL, JR., APPLICANT/REPUTED OWNER - 839 So. Lamont
Circle - TM #95.16-02-16.000 - Variance GRANTED to allow for a rear yard less
than allowed, as requested.
34
23 APPROVED ZBA MEETING MINUTES OF 29 JUNE & 31 AUGUST 2010, as
submitted.
n E. Fitch, Board Secretary
Emailed to: Karen/Kris, TB, JO, JF, KW, BW & TW on 10/28/10. JEF
■
INDEX OF ACTIONS - 2010
(T)CORTLANDVILLE ZONING BOARD OF APPEALS
MEETING
DATE ACTION NO. I DESCRIPTION I PAGE NO.
11/30/10 24 KENNETH WOODMAN, APPLICANT/REPUTED OWNER - 9 Abdallah Ave. -
TM #96.06-01-31.000 - Variance GRANTED for front yard less than allowed, as
requested.
Maj
25 UC CORTLAND HOUSING, APPLICANT/UNITED GROUP OF COMPANIES,
REPUTED OWNER - 951 NYS Rte. 13 (Cortland College Suites) - TM #95.16-
01-15.000 - Variance GRANTED until 12/31/11 for a building -mounted sign with
an area greater than allowed; any future rehearing of said variance request will
require a unanimous vote of the ZBA.
M
26 BESTWAY ENTERPRISES, INC., APPLICANT/REPUTED OWNER - 3269
Gracie Road - TM #105.05-01-12.100 - Variance GRANTED to allow a lot width
less than allowed, as requested.
-;q
27 APPROVED ZBA MEETING MINUTES OF 28 SEPTEMBER & 26 OCTOBER
2010, as submitted.
31
%/ Joan E. Fitch, Board Secretary
Emailed to: Karen/Kris, TB, JO, JF, KW, BW & TW on 12/01/10. JEF
APR P. 6 2010
TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS
Public Hearings/ Meeting Minutes - Tuesday, 30 March 2010 - 6:45 PM
Town Hall Board Room - 3577 Terrace Road - Cortland, NY
Board Members (*absent)
David Plew, Chairman
John Finn
Joann O'Rourke
Thomas Bilodeau
Kevin Whitney
Others Present
Bruce Weber, Planning/ Zoning Officer
Joan E. Fitch, Board Secretary
Applicants & Public Present
Ryan Johnson rep UC Cortland Housing, Applicant; Marcus Bernardo & Attorney Victoria
Monty for Walden Oaks Country Club, Inc., RO; David & Juanita Stafford.
The Public Hearings were opened at 6:44 p.m. by Chairman David Plew, who read aloud
the Legal Notice published in the Cortland Standard, 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 30, 2010, 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:
In the matter of the application of UC Cortland Housing for property located
at 951 NYS Route 13, Tax, Map No. 95.16-01-15.000, for a variance in the
terms and conditions of Article XVIII, Section 178-112 A3 of such Zoning
Law to allow for a building -mounted sign , with an area greater than
allowed.
2. In the matter of the application of Walden Oaks Country Club for property
located at 3369 Walden Oaks Blvd., Tax Map No. 96.00-06-02.000; for a
variance in the terms and conditions of Article VI, Section 178-25A of such
Zoning Law to allow for a rear yard less than allowed.
3. In the mater_ of the application of Scott Walter for property located at 4367
NYS Route 281, Tax Map No. 76.14-01-59.000, fora variance in the terms
and conditions of Article IV, Section 178-17A of such Zoning Law to allow
for lots with an area less than allowed.
The above applications are open to inspection at the office of Bruce A. Weber, Planning
& Zoning Officer, Raymond G. Thorpe Municipal Building, 3577 Terrace Road,
Cortland, NY, or call (607) 756-7052 or 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.
Dated; March 18, 2009
David Plew, Chairperson
Zoning Board of Appeals
(Note: Proof of Publication has been placed on file for the record.)
Page 1 of 4
01
APR 2 6 2010
(T) Cortlandville Zoning Board of Appeals 30 March 2010
PUBLIC HEARING #I
UC Cortland Housing. Applicant/United Grout/ of Companies. Revuted Owner (Cortland
College Suites) - 915 NYS Route 13 - TM #95.16-01-15.000 - Buildina-Mounted Sian
w/Area Greater Than Allowed
Chairman Plew recognized Ryan Johnson, representing the applicant who was seeking a
Variance to mount a temporary advertising banner (7 feet by 10 feet), as shown on the photo
accompanying the application, on the Route 281 side of the northernmost building on this site.
He explained that they have had difficulty in renting the units in - this building and needed to
visibly advertise their availability. In fact, he stated that the subject building has no tenants.
The applicant wanted to mount the sign until sometime in late October to attract college
students enrolling for that semester.
Member Joann O'Rourke noted that the other building on this site also had a banner that was
taken down by 31 December 2009. PZO Bruce Weber advised that the maximum size allowed
was 32 square feet, and the applicant's proposed banner was 170 square feet. Member.
O'Rourke agreed that a sign/ banner such as what was. proposed was needed, and she had no
problem with the request.
Chairman Plew asked if there was anyone from the public who wished to speak on the
proposed variance; there was no one.
With everyone having been heard who wished to be heard,
Chairman Plew closed the Public Hearing at 6:51 p.m.
DISCUSSION/DECISION
With no further discussion, a motion was made by Member O'Rourke to grant the variance
until 31 October -2010 for a building -mounted sign with an area greater than allowed. The
motion was seconded by Member Kevin Whitney, with the vote recorded as follows:
Ayes: Chairman Plew Nays: None
Member Bilodeau
Member Finn
Member O'Rourke
Member Whitney
Motion passed.
This becomes Resolution #1 of 2010.
PUBLIC HEARING #2
Pomerov. Armstrong. Casullo & Monty. LLP. Applicant/Walden Oaks Country Club. Inc..
Reputed Owner - Walden Oaks Blvd. - TM #96.00-06-02.000 = Rear Yard Less Than
Allowed
Chairman Plew recognized the Club's General Manager, Marcus Bernardo, and their Attorney,
Victoria Monty, who explained to those present that they were seeking a variance of the 30 -foot
rear yard setback requirement as the Club wishes to sell its current maintenance facility as a
single-family residence (after subdivision approval by the Planning Board), but the rear setback
distance would only be 21.2± feet. Mr. Bernardo stated that the maintenance building is no
longer necessary for the operation of the golf course.
-- Chairman Plew asked if there was anyone from the public who wished to speak on the
proposed variance; there was no one.
Page 2 of 4
b�.
APR 2 6 2010-
(T) Cortlandville Zoning Board of Appeals 30 March 2010
With everyone having been heard who wished to be heard,
Chairman Plew closed the Public Hearing at, 6:56 p.m.,
DISCUSSION/ DECISION
With no further' discussion, a motion was made by Member Whitney to grant the variance
to allow for a. rear 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 Bilodeau
Member Finn
Member O'Rourke
Member Whitney
Motion passed.
This becomes Resolution #2 of 2010.
PUBLIC HEARING #3
Scott Walter. Avvlicant/Reuuted Owner - 4367 NYS Route 281 (West Roadl - TM #76.14-
01-59.000 - Lots With Area Less Than Allowed
Chairman Plew acknowledged that neither the .applicant nor his representative was present --to
answer anyone's questions with regard to this. variance. In a written statement accompanying
the variance application, it stated, `7 would like to divide this parcel into two separate lots. The
first lot that has existing house will remain as is, until the Route 281 project is complete. At that
time we will hook up to water and sewer. On the second lot (new lot) I will be adding a small
duplex. (See attached photos). This will hook up to city water and septic system until -Route 281
project is complete. At that time we will connect to sewer. I will center the structure in the center
of newly divided lot. The driveway will be set up so each unit has -two parking spaces available."
Chairman Plew asked if there was anyone from 'the public who wished to speak on the
proposed variance. David Stafford of Locke, NY, who said he owned the property across the
street from the appellant, stated he had some concerns, and questions regarding the requested
variance. He commented that the subject parcel was not a very big lot and he had no objection
to a multi -unit dwelling; however, he has lots of questions.
With everyone having been heard who wished to be heard,
Chairman Plew closed the Public Hearing at 7:01 p.m.
DISCUSSION/DECISION
With no further discussion, a motion 'was made by Member O'Rourke to postpone the
variance request for lots with an area less. than allowed until the 27 April 2010 meeting
of the ZBA to allow the applicant/ representative to be present. The motion was seconded
by Member Bilodeau, with the vote recorded as follows:
Ayes: Chairman Plew
Member Bilodeau
Member Finn .
Member O'Rourke
Member Whitney
Nays: None
Motion passed.
This becomes Resolution #3 of 2010:
Page 3 of 4
E
APR 2 6. 2010
(T) Cortlandville Zoning Board of Appeals 30 March 2010`
APPROVAL OF MINUTES — 1 DECEMBER & 29 DECEMBER 2009
A motion was made by Member John Finn to approve the 1 December 2009 and 29
December 2009 meeting Minutes, as submitted. The motion was seconded by Member
O'Rourke, with the vote recorded as follows:
Ayes: Chairman Plew Nays: None
Member Bilodeau
Member Finn
Member O'Rourke
Member Whitney
Motion passed.
This becomes Resolution #4 of 2010.
ADJOURNMENT
At 7:05 p.m., on a motion by Member Bilodeau, seconded by Member O'Rourke, with everyone
present voting in the affirmative, the meeting was adjourned.
Joan . Fitch, Board Secretary
Page 4 of 4
E-mailed to Town & KW, JB, GW, CN,
EA, JF & BW on 4/23/ 10; orig. delivered.
0
ATTENDANCE SHEET
(TJ CORTL�LLE 1 )ZQNIN_ G BD ,OF APPEALS MEETING OF j,
(Your attendance is recorded in the meeting Minutes.)
PRINTED Name: Regarding:
nI c7 k I,, -1 11,C (o r r I culd
LO S Z.e--
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ZONING BD.
Complete Address:
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APPEALS Meeting
S7
JUN 17 2010
TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS
�_. Public Hearings/ Meeting Minutes - Tuesday, 27 April 2010 - 6:45 PM
Town Hall Board Room - 3577 Terrace Road - Cortland, NY
Board Members (*absent)
David Plew, Chairman
John Finn
Joann O'Rourke
Thomas Bilodeau
Kevin Whitney
Others Present
Bruce Weber, Planning/Zoning Officer
Joan E. Fitch, Board Secretary
Applicants & Public Present
Michael Poole, Applicant; Steve Werner for Sign -A -Rama, Applicant; Jody Poole.
The Public Hearings were opened at 6:45 p.m. by Chairman David Plew, who read aloud
the Legal Notice published in the Cortland Standard, 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 27, 2010, 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 Michael Poole for property located at 429
Hoy Road, Tax Map No. 85.00-05-06.200, for a variance in the terms and
conditions of Article III, Section 178-11 of such Zoning Law to allow for a
_r
storage building in Agricultural District.
2. In the matter of the application of Sign -A -Rama for property located at the
Groton Avenue Plaza, Tax Map No. 86.13-01-56.100, for a variance in the
terms and conditions of Article XVIII, Section 178-112, Table 1, of such
Zoning Law to allow for a rear yard less than allowed.
3. In the mater 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 178-17A of such Zoning Law to allow
for a building -mounted sign to be illuminated.
The above applications are open to inspection at the office of Bruce A. Weber, Planning
& Zoning Officer, Raymond G, Thorpe Municipal Building, 3577 Terrace Road,
Cortland, NY, or call (607) 756-7052 or 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.
Dated: April 15, 2009
David Plew, Chairperson
Zoning Board of Appeals
(Note: Proof of Publication has been placed on file for the record.)
Page 1 of 4
(T) Cortlandville Zoning Board of Appeals JUN 17 2010
PUBLIC HEARING # 1
27 April 2010
Michael Poole, Applicant/Reputed Owner - 429 Hov Road - TM #85.00-05-06.200 -
Storage Building in Aa District
Chairman Plew recognized the applicant who explained that he was seeking a variance to
construct a storage building on the subject property to house mowing equipment. He stated
that eventually he plans to build a home at this location; until that time, according to PZO
Bruce Weber, placement of the storage building would be non -conforming. No animals will be
housed there, and all setbacks meet the requirements.
Chairman Plew asked if there was anyone from the public who wished to speak on the
proposed variance; there was no one.
With everyone having been heard who wished to be heard,
Chairman Plew closed the Public Hearing at 6:48 p.m.
DISCUSSION/ DECISION
With no further discussion, a motion was made by Member Kevin Whitney to grant the
variance to allow for a storage building in an Agricultural District, as requested. The
motion was seconded by Member Joann O'Rourke, with the vote recorded as follows:
Ayes: Chairman Plew Nays: None
Member Bilodeau
Member Finn
Member O'Rourke
Member Whitney
Motion passed.
This becomes Action #5 of 2010.
PUBLIC HEARING #2 11
Sign -A -Rama, Applicant/Wm. Porter Real Estate. Reputed Owner - Groton Ave. Plaza -
TM #86.13-01-56.100 - Illumination of Building -Mounted Sign (Liquor Storej
Chairman Plew recognized Steve Werner, representing the applicant who was seeking a
variance to place an internally -illuminated building -mounted sign at the new location of Plaza
Discount Liquors which is presently occupying a smaller store at this same plaza.
Chairman Plew asked if there was anyone from the public who wished to speak on the
proposed variance; there was no one.
With everyone having been heard who wished to be heard,
Chairman Plew closed the Public Hearing at 6:50 p.m.
DISCUSSION/ DECISION
Member O'Rourke asked about the time with regard to illumination of the proposed sign. Mr.
Werner stated that the store closed maybe at 10 p.m.
Page 2 of 4
BI
l3�
(T) Cortlandville Zoning Board of Appeals JUN 17
2010 27 April 2010
With no further discussion, a motion was made by Member O'Rourke to grant the variance
�1 for a building -mounted sign to be illuminated until one hour after closing. The motion
was seconded by Member Tom Bilodeau, with the vote recorded as follows:
Ayes: Chairman Plew Nays: None
Member Bilodeau
Member Finn
Member O'Rourke
Member Whitney
Motion passed.
This becomes Action #6 of 2010.
POSTPONED FROM 30 MARCH 2010 ZBA PUBLIC HEARING
Scott Walter, Applicant/ Reputed Owner - 4367 NYS Route 281 (West Road) - TM #76.14-
01-59.000 - Lots With Area Less Than Allowed
Chairman Plew acknowledged at the Public Hearing held on 30 March 2010 that neither the
applicant nor his representative was present to answer anyone's questions with regard to this
variance. In a written statement accompanying the variance application, it stated, 1 would like
to divide this parcel into two separate lots. The first lot that has existing house will remain as is,
until the Route 281 project is complete. At that time we will hook up to water and sewer. On the
second lot (new lot) I will be adding a small duplex. (See attached photos). This will hook up to
city water and septic system until Route 281 project is complete. At that time we will connect to
sewer. I will center the structure in the center of newly divided -lot. The driveway will be set up so
each unit has two parking spaces available." Therefore, this matter was postponed until 27
April 2010. Reference is made to the ZBA Minutes of 30 March 2010.
At this time, Chairman Plew acknowledged receipt of an email (dated 4/22/10) from the
applicant asking to have his "hearing" tabled because his "Little League baseball team has its
first game" tonight. Dispensation of the appeal was discussed.
At the end of the discussion, a motion was made by Member John Finn to deny a variance
for lots with an area less than allowed. The motion was seconded by Member Whitney,
with the vote recorded as follows:
Ayes: Member Bilodeau Nays: Member O'Rourke
Member Finn
Member Whitney Abstain: Chairman Plew
Motion passed.
This becomes Action #7 of 2010.
APPROVAL OF MINUTES - 30 MARCH 2010
A motion was made by Member Finn to approve the 30 March 2010 meeting Minutes, as
submitted. The motion was seconded by Member O'Rourke, with the vote recorded as
follows:
Ayes: Chairman Plew Nays: None
Member Bilodeau
Member Finn
Member O'Rourke
Member Whitney
Motion passed.
This becomes Action #8 of 2010.
Page 3 of 4
(T) Cortlandville Zoning Board of Appeals JUN 172010 27 April 2010
ADJOURNMENT
At 7 p.m., on a motion by Member Finn, seconded by Member O'Rourke, with everyone present
voting in the affirmative, the meeting was adjourned.
JoE. Fitch, Board Secretary
Page 4 of 4
E-mailed to Town & KW, JB, GW, CN,
EA, JF & BW on 6/ 16/ 10; orig. delivered.
OF -W. -WI
JUN 37 2010
ATTENDANCE SHEET
(T) CORTLANDVILLE \-ZONING BD.-OF_APPEALS MEETING OF
(Your attendance is recorded in the meeting Minutes.)
PRINTEI3Name:
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/II(�ilk nP_-) 0,,� I "
'YO cQ2I C aaLe
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Regarding: Complete Address:
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ZONING BRD: OF APPEAI:S-Meeting Only
JUN 25 2010
TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS
Public Hearings/ Meeting Minutes - Tuesday, 25 May 2010 - 7 PM
Town Hall Board 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
Joann O'Rourke
Thomas Bilodeau
Kevin Whitney
Applicants & Public Present
Morris Rosen, Applicant; Kevin Rosen, Mary DeMunn, John Barden, Greg & Maureen
Robinson.
The Public Hearings were opened at 7:04 p.m. by Chairman David Plew, who read aloud
the Legal Notice published in the Cortland Standard, 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 25, 2010, at 7:00 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 Morris & Kevin Rosen for property located
at 4312 N. Homer Avenue, Tax Map No. 76.19-01-43.000, for a variance in
the terms and conditions of Article VIII, Section 178-108C of such Zoning
Law to allow for a sign closer to the property line than allowed.
2. In the matter of the application of Daniel & Christine Horn for property
located at 920 Blue Creek Road, Tax Map No. 85.00-08-16.000, for a
variance in the terms and conditions of Article III, Section 178-13, of such
Zoning Law to allow for two single-family dwellings on one parcel.
The above applications are open to inspection at the office of Bruce A. Weber, Planning
& Zoning Officer, Raymond G. Thorpe Municipal Building, 3577 Terrace Road,
Cortland, NY, or call (607) 756-7052 or 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.
Dated: May 17, 2010
David Plew, Chairperson
Zoning Board of Appeals
(Note: Proof of Publication has been placed on file for the record.)
PUBLIC HEARING # 1
Morris Rosen, Applicant/Reputed Owner - 4312 No. Homer Avenue - TM #76.19-01-
43.000 - Use Variance/Sian Variance
Chairman Plew recognized the applicant who explained that he wanted to expand his recycling
facility by constructing a docking area for trucks and to establish a gravel parking area,
including an area for the staging of containers, and was seeking a variance to place a 4 ft. by 8
ft. non -illuminated sign on either the front of the existing building or set back 15 feet from the
front and side property lines; if a free-standing sign, it would be 8 ft. in height.
Page 1 of 3
it
JUN '2 5 2010
(T) Cortlandville Zoning Board of Appeals 25 May 2010
Chairman Plew asked Mr. Rosen about the proposed containers which will be stored on the
property; Mr. Rosen stated there will be nothing in them. Chairman Plew then asked the
applicant what his hardship was in the way of carrying out the strict letter of the Town's
Zoning Law. Mr. Rosen replied that he had no other place on the existing parcel to
accommodate the empty containers which were necessary to conduct his business. They are
roll -off containers, 14 ft. by 8 ft. wide, and hold from 12 yards to 20 yards.
CEO Weber then explained that the requested variance for a sign was to place it on the fence
which is right on the front property line. Mr. Rosen stated that they want to put it on their
building.
Chairman Plew then asked if the clean-up of the facility was going to continue as it has. Mr.
Rosen stated that there is no longer a "junkyard," it's a facility that buys bales of paper, etc.
Everything is housed and then shipped out by truck on a weekly basis. Chairman Plew
commented about "stuff' that is visible; he would like to drive by there and not be able to see
"stuff and stuff and stuff." Mr. Rosen stated that the only thing there is outside are wooden
pallets or his trucks and containers. Strictly paper and plastics, 90 percent of which is housed
inside their buildings. Member O'Rourke asked if it was possible to put the pallets in some
other place, and Mr. Rosen responded yes. The pallets, he commented, were in and out every
day.
Chairman Plew asked if there was anyone from the public who wished to speak on the
proposed variance; there was no one.
With everyone having been heard who wished to be heard,
Chairman Plew closed the Public Hearing at 7:16 p.m.
i
DISCUSSION/ DECISION
The Board members discussed the improvements that have occurred on the site. Member Tom
Bilodeau asked about the reference to a "junkyard," and CEO Weber explained that the
definition of a junkyard includes recycling, and- the proposed expansion would be because of
the consolidation of properties. He also stated that if the proposed sign is placed on the
building, then no variance would be required.
At the conclusion of the discussion, a motion was made by Member Bilodeau to grant the
variance to allow the expansion of the recycling facility, as requested, but deny the
variance for the sign which should be placed on the building. The motion was seconded
by Member Joann O'Rourke, with the vote recorded as follows:
Ayes: Chairman Plew Nays: None
Member Bilodeau
Member O'Rourke Abstain: Member Finn
Member Whitney
Motion passed.
This becomes Action #9 of 2010.
PUBLIC HEARING #2
David & Christine Horn. Applicants/Reputed Owners - 920 Blue Creek Rd. - TM #85.00-
08-16.000 - Two Single-Familv Dwellings on One Parcel
r
�. Chairman Plew recognized Dan Horn, the applicant, who was seeking a variance to place a
second dwelling unit on this parcel for use as an in-law apartment (small, one -bedroom, etc.)
The annotated survey map accompanying the application indicated the location of their
Page 2 of 3
/a
JUN 2 5 2010
(T) Cortlandville Zoning Board of Appeals
25 May 2010
-1.
existinghome attached
w / garage in addition to the proposed location (#3) of the in-law
residence. (He originally wanted to have the in-law apartment attached to his existing home,
but for safety reasons is now requesting the additional residence to be separate, as shown on
the map.) He explained that his in-laws will eventually need their care and this would make it
much easier.
Chairman Plew asked if there was anyone from the public who wished to speak on the
proposed variance; responses were received as follows:
Gre-a Robinson - 938 Blue Creek Road, - Doesn't like proposed second dwelling at all.
Signed petition, along w/ Maureen, in opposition to granting the variance (11 signatures,
copy on file for the record). Why can't they use the house on the property that's
available? Looks like they are putting in a development.
Mary DeMunn - 926 Blue Creek Road - (Also signed petition.) Appellant's driveway is
only 14 ft. wide and DeMunn house is 12 ft. from the driveway. Dust from vehicles
comes in her windows. One renter already parks next to her fence. She will have to deal
with three different families. Moved to country to avoid all this. If one car is coming in
driveway when one is going out, there's no room. Not sure how utilities will get to the
proposed house. Doesn't want driveway at corner of her house.
John Barden - 925 Blue Creek Road - (Also signed petition.) Lives across the road. It's
a safety issue, particularly in the wintertime, especially for fire trucks. It's a very small
driveway functioning as a road.
With everyone having been heard who wished to be heard,
Chairman Plew closed the Public Hearing at 7:31 p.m.
DISCUSSION/ DECISION
Chairman Plew read aloud the petition letter dated 5/24/10, signed by eleven neighbors in
opposition to the granting of the requested variance. As stated before, the letter has been
placed on file for the record.
With no further discussion, a motion was made by Member O'Rourke to deny the variance
for two single-family dwellings on one parcel as no hardship was demonstrated. The
motion was seconded by Member Kevin Whitney, with the vote recorded as follows:
Ayes: Chairman Plew Nays: None
Member Bilodeau
Member O'Rourke Abstain: Member Finn
Member Whitney
Motion passed.
This becomes Action #10 of 2010.
ADJOURNMENT
At 7:33 p.m., on a motion by Member Whitney, seconded by Member O'Rourke, with everyone
present voting in the affirmative; the meeting was adjourned.
Jo . Fitch, Board Secretary
Page 3 of 3
E-mailed to Town & KW, JB, GW, CN,
EA, JF & BW on 6/24/ 10; orig. delivered.
l3
JUN 2'5 2010
IZ�
ATTENDANCE SHEET
(T) C Ro TLANDVILLE rZONING BD. OF APPEALS MEETING OF -5/,,l 5 U
(Your attendance is recorded in the meeting Minutes.)
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OF --APPEALS ' Meeting OnIX3
AUG 3 4 2010
TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS
Public Hearings/ Meeting Minutes - Tuesday, 29 June 2010 - 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
Joann O'Rourke John Folmer, Town Attorney
Thomas Bilodeau
Kevin Whitney
A»»licants & Public Present
Richard Beebe, Pres. & Attorney Pat Snyder, rep Redding -Hunter, Applicant; Steve Jordan,
Applicant; Jimmy Souzas for A&W Restaurant, Applicant; Bertha Pace for Keith Pace,
Applicant; Brian Bush, Applicant; Chris Henry & Attorney Mike Shafer, rep Adhan Piping,
Applicant; Charles D. Cassin, Michael Klos, Mike Pizzola, Betty Bonawitz, Dan, Betty & E. Paul
Glezen, Buddy Fleming, Bruce Buchanan, Judith Eger, Donald Osbeck, Patricia Jordan, Tim
Morse, Anne & Herb Habermehl, Roy Susskind, Les Sandman.
The Public Hearings were opened at 6 p.m. by Chairman David Plew, who read aloud the
Legal Notice published in the Cortland Standard, 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 29, 2010, at 6:00 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 Redding -Hunter for property located at
1084 Tompkins Street, Tax Map No. 96.09-01-59.000, for a variance in the
terms and conditions of Article VIII, Section 178, Attachment 5 lA Bulk
Regulations of such Zoning Law to allow for a lot width less than allowed.
2. In the matter of the application of Steve Jordan for property located at 759
NYS Route 13, Tax Map No. 105.00-01-30.200, for a variance in the terms
and conditions of Article XVIII, Section 178-13, Table 2, note 2A of such
Zoning Law to allow for a sign with a height greater than allowed.
3. In the matter of the application of A & W restaurant for property located at
883 NYS Route 13, Tax Map No. 95.16-02-431200, for a variance in the
terms and conditions of Article XVIII, Section 178-111F, Table 2, note 2A of
such Zoning Law to allow for a greater number of building -mounted signs
and signs above the structure to which it is attached..
4. In the matter of the application of Keith Pace for property located at 277
Tompkins Street, Tax Map No. 96.09-01-55.000, for a variance in the. terms
and conditions of Article XVIII, Section 178-111B & 113 Table 2, Note 2A of
such Zoning Law to allow for a sign with a height and closer to property
line than allowed.
5. In the matter of the application of Brian Bush for property located at 740
Cedar Crest, Tax Map No. 95.11-02-45.000, for a variance in the terms and
conditions of Article IV, Section 178-17 B 4 of such Zoning Law to allow for
a pool closer to side and rear property lines than allowed.
6. In the matter of the application of Adhan Piping for property located at 706
r� NYS Route 13, Tax Map No. 105.00-01-49.110, for a variance in the terms
and conditions of Article III, VII, X, Section 178-11, 35 & 45 A7 of such
Page 1 of 8
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AUG 3 0, 2010
Minutes - (T) Cortlandville Zoning Board of Appeals 29 June 2010
f l Zoning Law to allow for a gravel mining operation in an Agricultural & B2
District and to allow for a material recycling operation.
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 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
Dated: June 18, 2010 Zoning Board of Appeals
(Note: Proof of Publication has been placed on file for the record.)
Chairman Plew then announced to everyone present that the first question he would ask the
applicants is: What is your hardship?
PUBLIC HEARING #-1
Redding -Hunter Inc., Applicant/Betty L. Bonawitz, Reputed Owner - 1084 Tompkins St.
- TM #96.09-01-59.000 - Lot Width
Chairman Plew recognized Richard Beebe, representing the applicant who was seeking a
variance Mr. Beebe stated that his hardship was to sustain the existing business which is
located at 1089 Starr Road by purchasing a portion of the subject lot, resulting in squaring up
the adjacent parcels, as shown on the map accompanying the application. After purchase, the
Tompkins Street lot width would then be less than allowed, so a variance was required.
Member Joann O'Rourke then asked Mr. Beebe if Redding -Hunter anticipated putting anything
on the acquisition; Mr. Beebe responded to Member O'Rourke (inaudible).
Chairman Plew asked if there was anyone from the public who wished to speak on the
proposed variance; there was no one.
With everyone having been heard who wished to be heard,
Chairman Plew closed the Public Hearing at 6:05 p.m.
DISCUSSION/ DECISION
With no further discussion, a motion was made by Member O'Rourke to grant the variance
for a lot width less than allowed, as requested. The motion was seconded by Member _Tom
Bilodeaue, with the vote recorded as follows:
Ayes: Chairman Plew Nays: None
Member Bilodeau
Member O'Rourke Absent: Member Finn
Member Whitney
Motion passed.
This becomes Action # 11 of 2010.
Page 2 of 8
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AUG 302010 f�
Minutes - (T) Cortlandville Zoning Board of Appeals 29 June 2010
PUBLIC HEARING #2
Stephen Jordan. Applicant/ Stephen & Patricia Jordan. Reputed Owners - 759 NYS-Route
13 (Shipwreck Golfl _ TM #105.00-01-30.200 - Sien Heieht
Chairman Plew recognized Steve Jordan who was seeking a variance to install a new sign at
this location, one foot higher than the maximum height allowed (8 feet). He stated that since
he will be enclosing this facility within the near future, making it a year-round business, he
needs a sign that will be visible above the snow.
Chairman Plew asked if there was anyone from the public who wished to speak on the
proposed variance; there was no one.
With everyone having been heard who wished to be heard,
Chairman Plew closed the Public Hearing at 6:07 p.m.
DISCUSSION/ DECISION
With no- further discussion, a motion was made by Member Bilodeau to grant the variance
for a sign with a height greater than allowed, as requested. The motion was seconded by
Member Kevin Whitney, with the vote recorded as follows:
Ayes: Chairman Plew Nays: None
Member Bilodeau
Member O'Rourke Absent: Member Finn
Member Whitney
,Motion passed.
This becomes Action #12 of 2010.
PUBLIC HEARING #3
A & W Restaurant, Applicant/ Dino, Demetrios D. & Demetrios B. Souzas, Reputed
Owners - 883 NYS Route 13 - TM #96.16-02-43.100 - Signs
Chairman Plew recognized Jimmy Souzas, representing A & W Restaurant, who was seeking a
variance to place 5 ft. by 3 ft. advertising flags on the carport of the facility, as shown on the
application's attachment. He stated that he did not realize he needed a variance to do so, so
they were already in place. By potential customers not seeing these flags, he felt that they
would not be attracted to the restaurant and would help his business.
CEO Weber explained that only four signs were allowed, and the applicant was also proposing
another sign on one of the walls; this would make two flags, a sign on each side, another sign
on the front, for a total of six signs. Mr. Souzas stated that he had since decided not to have
the sign on the side of the building.
Chairman Plew asked if there was anyone from the public who wished to speak on the
proposed variance; there was no one.
With everyone having been heard who wished to be heard,
Chairman Plew closed the Public Hearing at 6:11 p.m.
Page 3 of 8
AUG 302010
Minutes - (T) Cortlandville Zoning Board of Appeals 29 June 2010
�} DISCUSSION/DECISION
Chairman Plew thought there were too many signs. Member O'Rourke stated that no one
comes into that intersection without seeing the A & W. It is well known. Any additional
signage was not needed, and no hardship had been demonstrated.
With no further discussion, a motion was made by Member O'Rourke to deny the variance
for a greater number of building -mounted sign and signs above the structure to which
they are attached, due to a lack of a proven hardship. The motion was seconded by
Member Kevin Whitney, with the vote recorded as follows:
Ayes: Chairman Plew Nays: None
Member Bilodeau
Member O'Rourke Absent: Member Finn
Member Whitney
Motion passed.
This becomes Action #13 of 2010.
11 PUBLIC HEARING #4 11
Keith A. Pace, Ammlicant/Reputed Owner - 277 Tompkins St. - TM #96.09-01-55.000 -
Si n
Chairman Plew recognized Keith Pace who was seeking a variance to enlarge his existing pole
sign to 56 square feet, leaving it at its present 15 -foot height. The subject commercial building
has houses on each side, as depicted in the photos attached to the application, making it
rte` difficult to see it from the road, making it a hardship. The new sign would be 84 inches high
�? and 96 inches wide, illuminated, with the very top of the sign displaying the address for safety
of potential customers in locating the business, plus room for tenant's names. He would also
like to move its location closer to the road as shown on the sketch accompanying the
application. There will be no signs on the building. Mr. Pace explained that there was also a
5,000 SF building to -the rear of his property for which there is another pole sign that had been
previously approved.
CEO Weber explained that what the applicant was doing was making a non -conforming sign
larger.
Chairman Plew asked if there was anyone from the public who wished to speak on the
proposed variance; there were none.
With everyone having been heard who wished to be heard,
Chairman Plew closed the Public Hearing at 6:19 p.m.
DISCUSSION/ DECISION
Chairman Plew agreed that the applicant's hardship had been demonstrated, in that the
existing signage is very difficult to see.
After a brief discussion, a motion was made by Member O'Rourke to grant the variance for
a sign with a height and closer to the property line than allowed, as requested, with the
sign to be illuminated from 8 a.m. to 10 p.m. The motion was seconded by Member
Whitney, with the vote recorded as follows:
Ayes: Chairman Plew Nays: None
Member Bilodeau
Member O'Rourke Absent: Member Finn
Member Whitney
Motion passed.
This becomes Action #14 of 2010.
Page 4 of 8
AUG 3 0 2010 1V
Minutes - (T) Cortlandville Zoning Board of Appeals 29 June 2010
PUBLIC HEARING #5
Brian Bush. Applicant/ Reputed Owner - 740 Cedar Crest Dr. (Lot 431 - TM #95.11-02-
45.000 - Pool Closer to Property Lines Than Allowed
Chairman Plew recognized the applicant who was seeking a variance to place an in -ground
swimming pool closer to his side and rear property lines than allowed, as shown on the map
accompanying his application. His hardship was that he had limited yard space. In addition,
he had contacted both neighbors, and they have no objections. Chairman Plew stated that he
had personally visited the site and there is no other space to put the pool, which will be 4± feet
from the property lines.
Chairman Plew asked if there was anyone from the public who wished to speak on the
proposed variance; there was no one.
With everyone having been heard who wished to be heard,
Chairman Plew closed the Public Hearing at 6:30 p.m.
DISCUSSION/ DECISION
With no further discussion, a motion was made by Member Whitney to grant the variance
to allow for a pool closer to the side and rear property lines than allowed, as requested.
The motion was seconded by Member O'Rourke, with the vote recorded as follows:
Ayes: Chairman Plew Nays: None
Member Bilodeau
Member O'Rourke Absent: Member Finn
�) Member Whitney
Motion passed.
This becomes Action #15 of 2010.
PUBLIC HEARING #6
Adhan Piping Comoanv. Inc.. Applicant/ Joann D. Clowser. Reputed Owner - 706 NYS
Route 13 - TM #105.00-01-49.110_ - Gravel Mining in Aa & B2 District & Material
Recvcline Operation
Chairman Plew recognized Attorney Mike Shafer, representing the applicant who was seeking a
variance to allow for a gravel mining operation in an Agricultural and B2 District, and to allow
for a material recycling operation. Attorney Shafer stated that the hardship was that the
zoning had been changed. The owner has owned the property for some time; during that
period, there was a change in zoning to B2. From the owner's perspective, he stated, in order
for the owner to have any efficient economic use of the property, she needs to be able to use the
land for other than what the current zoning allows on a substantial portion of the property.
Attorney Shafer also stated that without the requested variance, the subject property has no
value to the applicant; the only place this business can be conducted is where there is suitable
material to be mined/ extracted. Mr. Henry, of Adhan Piping, has tested the soil on the hillside
and it is of good quantity/ quality extractable gravel. Up until 1982±, there was an existing
gravel mine close by. The property is across the street from an Industrial District, and there is
another mining operation just northwest of the subject parcel. Attorney Shafer continued that
they were not seeking a change of the B2 Zone.
Page 5 of 8
AUG 302010
Minutes - (T) Cortlandville Zoning Board of Appeals
29 June 2010
01ChairmanPlew felt that no hardship had been demonstrated; just because the parcel is not
zoned what they wanted it to be, that doesn't say it's a hardship. Attorney Shafer responded
that if the current zoning impacts the effective use of the property, that constitutes both a
hardship and practical difficulty.
Chairman Plew stated that he had received fourteen (14) phone calls in opposition to granting
the variance, and Planning Board Chair Kathy Wickwire had received numerous calls.
Chairman Plew then asked if there was anyone from the public who wished to speak on the
proposed variance; responses were received as follows:
Patricia Jordan - 759 NYS Route 13 - Owns business (Shipwreck Golf) within eyesight
and sound of proposed mining operation. Lives across the street, which is even closer.
Have there been any other offers on the property that have been refused because the
offers were too low? Attorney Shafer answered that there was, about a year ago, but not
where the zone has been changed. Mrs. Jordan added that a "gravel pit would take my
sanctuary away." She later stated that Cortland Sand & Gravel, their neighbor, has
done everything possible to reduce any dust. Because it is out of view, they do not hear
them, and they have no complaints. It will not be the same with the proposed operation.
Bruce Buchanan, Pastor - Berean Bible Church - 726 NYS Route 13 (Next to subiect
Droperty) - Read a statement dated 6/29/ 10 addressed to the ZBA from the Trustees of
Berean Bible Church in its entirety. A copy of this statement has been placed on file for
the record. The memo requested that: "... the application of Adhan Piping Company for
a use variance to include a mining and material recycling operation at 706 State Route
13 be denied." Five reasons were listed for same, and it was signed by the pastor, and
two Trustees. Later on, he read aloud and presented a petition from "Property Owners
and Residents of South Cortland," containing seven (7) signatures. The petition
requested that the requested variance be denied.
Bettv Glezen - 734 NYS Route 13 - Operates a home day care, established in 1983,
which is inspected every three months by the State. Agrees with Mr. Buchanan's
statement. Has had winds from the other gravel mining operation in the area blow up
dust so she can't open windows; however it is not as bad as the proposed operation
would be because it's hidden from view. Opposed to granting a variance for Adhan
Piping. Later on, Ms. Glezen addressed the Board and commented that "we are residents
here" and it's not a good idea for a gravel mine/recycling operation here.
Rav Susskind of Cortland Sand & Gravel - 765 NYS Route 13 - There's no need for
another mining operation; they own over 100 A. of land, 3/ 10ths of a mile -away, with 23
acres lying between the road and our mine; these 23 acres are being reserved for other
purposes. Route 13 corridor has a lot of value for other purposes. Cannot see any
hardship at all. There are already two other gravel mines in the area: one on Sherman
Road and one on Page Green Road. From a community perspective, a visible mining
operation is not in its best interest. Requested that the ZBA deny the requested
variance.
Anne Habermehl - 25 Madison Street - Cortland - Lived here for 22 years, and is the
organist of the Berean Bible Church. Does not want to see or hear them. Could be a
very negative thing. It's an attractive corridor. Opposed to granting a variance for
Adhan Piping.
Les Sandman - (address unknown: did not sign Attendance Sheet). - Not speaking either
for or against granting of the variance. Anything placed over the Town's aquifer
increases its potential for damage. Need to seriously consider extra protection for our
water supply.
Page 6 of 8
AUG302010
Minutes - (T) Cortlandville Zoning Board of Appeals 29 June 2010
Chairman Plew asked if there were any other comments from the public; there were none, but
Board Member O'Rourke addressed Attorney Shafer. She said he had heard negative
comments about the proposed business, but what did he consider the positives for granting of
the requested variance. Attorney Shafer responded that the proposed business would provide
a service to the community and it was not over the primary aquifer; it would be offset north of
it. Community has approved a 120 -acre industrial park across the street, and the appellant
would be a prime vendor to provide gravel services to construction operations at the park,
without having major truck traffic traveling long distances over the roads to do so.
Chairman Plew stated that he would not like to see this operation across from a new industrial
park, in particular a "junkyard," referencing the proposed material recycling operation.
Attorney Shafer replied that it would not be a junkyard where materials would remain there;
they would be recycled and reused, again serving the community. Chairman Plew noted the
comment made in the County Planning Board's review referenced "the applicant needed to
provide assurance that the facility did not become a permanent junkyard."
Member O'Rourke again stated she did not feel the applicant had proven a hardship. Member
Tom Bilodeau, regarding the proposed recycling operation; asked about the recycling of
building materials. Mr. Henry replied that they would provide a place for construction debris
to be properly recycled; it would not be a junkyard. They plan to build a berm to hide their
operation from view. Member O'Rourke then asked where do the materials to be recycled
currently go? Mr. Henry responded that they go to many places in differing municipalities,
mostly to the County Landfill. Member O'Rourke later asked if the applicant had already
purchased the subject property and Attorney Shafer replied that the contract is conditioned
upon Adhan receiving the required approvals.
Chairman Plew then recognized additional persons who wished to make comments, as follows:
Dan Glezen - 734 NYS Route 13 - Will proposed operation create a flood plain for us? It
has flooded in past years. Attorney Shafer responded that this variance is just the very
beginning in the approval process. Reviews need to be completed by County Planning
(this has been done), the NYSDEC, Cortlandville Planning Board, etc. These complete
reviews would ensure that the operations would be in compliance to the best practices
for a gravel mine.
Mike Klos - 12 Jewett Ave. - Cortland, NY - Does not think anyone has demonstrated a
need for more gravel/ sand or a recycling center. If no need, there's no reason to grant a
variance. Attorney Shafer then countered that this comment had absolutely nothing to
do with the ZBA's deliberations.
With everyone having been heard who wished to be heard,
Chairman Plew closed the Public Hearing at 7:03 p.m.
DISCUSSION /DECISION
Member O'Rourke reiterated that she did not feel there was a proven hardship. Chairman Plew
acknowledged the written and verbal comments the Board had received. He, too, did not feel
there had been a hardship demonstrated by the applicant/ representative.
After a brief discussion by the Board members, assisted by Town Attorney John Folmer, a
motion was made by Member O'Rourke to deny the variance to allow a gravel mining
operation in an Agricultural and B2 District, and to allow for a material recycling
operation due to (1) a lack of a demonstrated hardship, (2) granting of the variance will
negatively effect the character of the neighborhood, and (3) the proposed project is not
consistent with the Town of Cortlandville's Comprehensive Plan as evidenced by the
Page 7 of 8
at
AUG 3 0 2010
Minutes - (T) Cortlandville Zoning Board of Appeals 29 June 2010
Zoning Ordinance. The motion was seconded by Member Whitney, with the vote
recorded as follows:
Ayes: Chairman Plew Nays: None
Member Bilodeau
Member O'Rourke Absent: Member Finn
Member Whitney
Motion passed.
This becomes Action #16 of 2010.
APPROVAL OF MINUTES - 25 MAY 2010
A motion was made by Member O'Rourke to approve the Minutes of the 25 May 2010
meeting of the Zoning Board Board of Appeals, as submitted. The motion was seconded
by Member Bilodeau, with the vote recorded as follows:
Ayes: Chairman Plew Nays: None
Member Bilodeau
Member O'Rourke Absent: Member Finn
Member Whitney
Motion passed.
This becomes Action #17 of 2010.
ADJOURNMENT
At 7:10 p.m., on a motion by Member O'Rourke, seconded by Member Whitney, with everyone
present voting in the affirmative, the meeting was adjourned.
Joan E. Fitch, Board Secretary
Page 8 of 8
E-mailed to Town & KW, JB, GW, CN,
EA, JF & BW on 8/27/ 10; orig. delivered.
AUG 3 0p z��
2010
berean
BIBLE CHURCH
To: ''own of Cortlandville Zoning Board of Appeals
From: T-nistees of Berean Bible Church, 726 State Route 13, Cortland, NY
Date: June 29, 2010.
Re: Requested Use Variance for 706 State Route 139
Applicant — Adhan Piping Company, Inc.
Berean Bible Church has been meeting at 726 Route 13 since 1995, having
purchased the property.and built'.our church home there because of its primarily
residential and/or agricultural setting and proximity to the commercial and
residential areas in Cortland an'd Cortlandville, this location being well suited for
our hype of use.
We -request that the application' of Adhan Piping Company (the "Applicant") for a
use varialce to include a mining -and material recycling operation at 706 State
Route 13 be denied.
1.
The development of a mine and material recycling operation immediately
adjacent to our church property would significantly alter the essential
character of our neighborhood from that for which it was zoned, and
create a har:.dship for us by changing out from under us the wholesome
commercial; residential and agricultural neighborhood in which we built
our church. It would destroy an irimmediate environment that is open,
benign and,fully appropriate for our church location and would put us
into the most, immediate proximity and contact with an operation that
would be dirty, noisy; dusty,:visually repellant and possibly odoriferous
and potentially injurious to Health.
2. Although Cortlandville Sand and Gravel is located 3/10 of a mile north of
the proposed access road, it is on the west side of State Route 13, and its
operation is 4tthe end of a 3/10 mile access road at a lower elevation
than State Route .l3-. Therefore it does not as directly impact the
character of the neighborhood as the operation proposed by the
Applicant.
726 Route 13 Cortland, NY 13045 (607) 756-8439 www.berean-cortland.org
�`I
P,.Lge 2
Town. of* Cortlandville Zoning Board, of Appeals
Requested Use Variance for 706 State Route 13
June 29, 2010
3. Although the property at 706 State Route 13 has -not been able to be sold
b:y the current owner for quite some time, there are many properties that
are currently in the. same situation. It does not necessarily follow that the
reason for the failure to sell the property is because of its use or zoning
designations.
4. Although the Applicant may not presently envision any washing of
product during the first eight to ten years of operation, we are concerned
about the impact on the aquifer of any future large scale washing
operations.
5. Furthermore, we are greatly concerned about the impact such a mining
and material recycling operation would pose in our area in terms of
potentially adverse health, air, dust, water, noise, environmental, and
quality of life conditions.
Sincerely,
Pastor, Berean Bible Church
Trustee., Berean Bible Church
dir, �-
LJ
Trustee., Berean Bible Church
'Trustee, Berean Bible Church
AUG 302010
Petition
To: Town of Cortlandville Zoning Board of Appeals
From: Property Owners and Residents in South Cortland
Re: Requested Use Variance by Adhan Piping Company, Inc. to develop a
gravel mine, material recycling operation and screening plant at 706 State Rt -133
Date: Tune 29, 2010
We, the undersigned, ask that the Town of Cortlandville Zoning Board of Appeals deny
the request: by Adhan Piping Company, Inc. for a Use Variance for the property at 706
State Route 13, Cortland, NY.
We are concerned about and do not want to have the visually unappealing stripped land
and the; associated noise, dust, and dirt of a gravel mine at 706 State Route 13.
The construction of -a mine and material recycling operation at 706 State Route 13
would significantly alter the essential residential, agricultural and commercial character
of our neighborhood and make the neighborhood an unappealing place to live and/or
conduct business.
(Printed) Name
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AUG 3 0 2010
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�(T) CORTLANDVILLEI [ZONINI nij. EDF; APPEALS'
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APPEALS Meeting 0
TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS
- Public Hearing/Meeting Minutes - Tuesday, 31 August 2010 - 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
Joann O'Rourke John Folmer, Town Attorney
Thomas Bilodeau
Kevin Whitney
Applicants & Public Present
Mel Greene for Cornerstone Church, Applicant; Pam Cosimo.
The Public Hearing was opened at 7 p.m. by Chairman David Plew, who read aloud the
Legal Notice published in the Cortland Standard on 20 August 2010, 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 31, 2010, at 7:00 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 Corner Stone Church for property located
at 236 South Main Street, Tax Map No. 96.00-03-02.000, for a variance in
the terms and conditions of Article V, Section 17-23 E 38, of such Zoning
Law to allow for a day care center closer to property line 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 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
Dated: August 20, 2010 Zoning Board of Appeals
(Note: Proof of Publication has been placed on file for the record.)
PUBLIC HEARING
Rev. Barry Kerner, Applicant/ Cornerstone Church (CCCU), Reputed Owner - 236 South
Main St. - TM #96.00-03-02.000 - Bulk Variance for Dav Care Center Too Close to
Property Line
Chairman Plew recognized Mel Greene, representing the applicant who was seeking a variance
to modify the church's existing Fellowship Hall to be used for Early Head Start Child Care
Program. CEO Weber stated that this existing building was constructed too close to the
property line many years ago and may have been granted a variance at that time. There is a
change in use which necessitates the need for a bulk variance for the proposed day care center.
The subject building should be 25 feet from the property,line, and it's only five to ten feet.
Chairman Plew asked if there was anyone from the public who wished to speak on the proposed
variance; Pam Cosimo explained details about the Head Start Program.
With everyone having been heard who wished to be heard,
�- Chairman Plew closed the Public Hearing at 7:10 p.m.
Page 1 of 1
V
i
OCT 2 6 2010
Minutes - (T) Cortlandville Zoning Board of Appeals 31 August 2010
DISCUSSION / DECISION
With no further discussion, a motion was made by Member John Finn to grant the variance
to allow for a day care center closer to the property line than allowed, as requested. The
motion was seconded by Member Joann O'Rourke, with the vote recorded as follows:
Ayes: Chairman Plew Nays: None
Member Bilodeau
Member Finn
Member O'Rourke
Member Whitney
Motion passed.
This becomes Action #18 of 2010.
APPROVAL OF MINUTES - 29 JUNE 2010
A motion was made by Member Kevin Whitney to approve the Minutes of the 29 June
2010 meeting of the Zoning Board Board of Appeals, as submitted. The motion was
seconded by Member O'Rourke, with the vote recorded as follows:
Ayes: Chairman Plew Nays: None
Member Bilodeau
Member Finn
Member O'Rourke
Member Whitney
Motion passed.
This becomes Action #19 of 2010.
ADJOURNMENT
At 7:11 p.m., on a motion by Member O'Rourke, seconded by Member Whitney, with everyone
present voting in the affirmative, the meeting was adjourned.
4r-C,-�
oan E. Fitch, Board Secretary
Page 2 of 2
E-mailed to Town & KW, JB, GW, CN,
EA, JF & BW on 10/26/ 10; orig. delivered.
III
ATTENDANCE SHEET
. to: Iq
(1).UORTLWMV1LW ZONING-BDF.-0F'APP9AI;Sj K�EETING OF
(Your attendance is recorded in the meeting Minutes.)
A.
I - .1 -
-LE-*,.','- Name: Regarding: Complete Address:
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)11
ZONING BD. OF APPEALS Meeting Only
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U L L J 2010
t 1 TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS
-� Public Hearing/Meeting Minutes - Tuesday, 28 September 2010 - 7 PM
Town Hall Court Room - 3577 Terrace Road - Cortland, NY
Board Members (*absent)
David Plew, Chairman
*John Finn
Joann O'Rourke
Thomas Bilodeau
Kevin Whitney
Applicants & Public Present
Patrick Rich, Applicant; Charles & Cheri Sheridan.
Others Present
Bruce Weber, Planning/Zoning Officer
Joan E. Fitch, Board Secretary
John Folmer, Town Attorney
The Public Hearing was opened at 7 p.m. by Chairman David Plew, who read aloud the
Legal Notice published in the Cortland Standard on 20 August 2010, 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 28, 2010, at 7.00 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 Patrick Rich for property located at 2048
East River Road, Tax Map No. 77.00-09-14.000, for a variance in the terms
and conditions of Article III, Section 178-12A, of such Zoning Law to allow
for an Agricultural use closer to property line than allowed.
i 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 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
Dated: September 17, 2010 Zoning Board of Appeals
(Note: Proof of Publication has been placed on file for the record.)
PUBLIC HEARING
Patrick Rich. Avvlicant/Revuted Owner - 2048 East River Road - TM #77.00-09-14.000 -
Ag Use Too Close to Provertv Line
Chairman Plew recognized the applicant who was asking for a variance to construct a 40 ft. by
80 ft. heifer barn closer to the property line than allowed, as shown on the sketch
accompanying the application, but in line with existing non -conforming buildings. He also
plans to use the building to store farm equipment.
Chairman Plew asked if there was anyone from the public who wished to speak on the proposed
variance; there was no one present at this time.
With everyone having been heard who wished to be heard,
Chairman Plew closed the Public Hearing at 7:05 p.m.
Page 1 of 1
OCT 2 7 2010 31
Minutes - (T) Cortlandville Zoning Board of Appeals 28 September 2010
7
DISCUSSION / DECISION
With no further discussion, a motion was made by Member Joann O'Rourke to grant the
variance for a 40 ft. by 80 ft. heifer/ equipment barn closer to the road than allowed, as
requested. The motion was seconded by Member Tom Bilodeau, with the vote recorded as
follows:
Ayes: Chairman Plew Nays: None
Member Bilodeau
Member O'Rourke Absent: Member Finn
Member Whitney
Motion passed.
This becomes Action #20 of 2010.
ADJOURNMENT
At 7:11 p.m., on a motion by Member O'Rourke, seconded by Member Whitney, with everyone
present voting in the affirmative, the meeting was adjourned.
After adjournment, Mr. & Mrs. Sheridan arrived; they were interested in what Mr. Rich was
doing on his property. CEO Weber explained what the applicant was proposing and the
Sheridans stated they had no objection; they were just curious.
oan E. Fitch, Board Secretary
Page 2 of 2
E-mailed to Town & KW, JB, GW, CN,
EA, JF & BW on 10/26/ 10; orig. delivered.
- ATTENDANCE SHEET
(Tj CORTLANDVILLE j ZONINGBD: OF APPEALS MEETING OF
(Your attendance is recorded in the meeting Minutes.)
�PRINTEII> Name: Regarding: Complete Address:
;zle,AtC � l�l�e`'1 J Qe I d cm Van wn� ( fM-157 !o 7 a i1 q NP -10 9 (;l�'Z,�'l
I
ZONING BD. OF APPEALS Meeting Only
V .. 0 2010
TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS
Public Hearings/ Meeting Minutes - Tuesday, 26 October 2010 - 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
Joann O'Rourke
Thomas Bilodeau
*Kevin Whitney
Anvlicants & Public Present
Taylor McDermott, representing Lowe's, Applicant; Kathy Marshall for Ronald Marshall, Jr.,
Applicant.
PUBLIC HEARING # 1
Tavlor McDermott. Applicant/Lowe's Home Centers, Inc.. Revuted Owner - 872 NYS
Route 13 - TM #95.20-02-02.000 - Illumination of Building -Mounted Signs
The first Public Hearing was opened at 7 p.m. by Chairman David Plew, who read aloud
the Legal Notice published in the Cortland Standard on 15 October 2010, 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 26, 2010, at 7.•00 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 Lowe's Home Centers, Inc. for property
located at 872 NYS Route 13, Tax Map No. 95.20-02-02.000, for a variance
in the terms and conditions of Article XM Section 178-112, Table 1 of
such Zoning Law to allow building -mounted signs 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 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.
Dated: October 15, 2010
David Plew, Chairperson
Zoning Board of Appeals
(Note: Proof of Publication has been placed on file for the record.)
Chairman Plew recognized the applicant who was asking for a variance for two proposed
building -mounted signs as described in his "Reason for Variance Request" and elevation
accompanying the application.
Mr. McDermott stated that there was a conflict between two tables appearing in the Town Code
relating to signs, i.e., Section 178-112, Table 1, Permitted Signs, on page 178:97 and Section
178-113, Table 2, Regulations for Permitted Signs, on page 178:98. In his narrative, he stated
that both tables allowed for two building signs: Table 1 allows 8% of the wall area and two wall
signs, but non -illuminated; Table 2 allows signs at a rate of 2 SF per linear face of building and
two wall signs with no prohibition of illumination. Therefore, Mr. McDermott felt that "taking
Table 2 as the standard, we are allowed an illuminated sign," but Table 1 does not, thus
putting them in conflict. He further stated that, to address this problem, PZO Bruce Weber
instructed him "to obtain a variance which, since 1986, seems to have been the remedy to
correct this conflict ..."
Page 1 of 1
22
"?D
NOV 1. 0 2010
Minutes - (T) Cortlandville Zoning Board of Appeals 26 October 2010
( } The applicant then proceeded with the five required questions (balancing test) to all of which he
gave a "no" response. The total signage of less than 410 SF is below either table's calculation
for allowable square footage,- and numbering two (main sign and indoor lumber yard sign),
which is also allowed by either table. The variance was for illumination of the building -
mounted signs. The elevation provided indicated the words as being "strung out," or they could
be "stacked." The Board members preferred them "stacked."
In response to Member Finn's question, Mr. McDermott responded that the existing, former
Walmart, will be razed and a new Lowe's building constructed. December 1, 2010, is the
scheduled date for Lowe's to "receive the keys to the Walmart building." Member Joann
O'Rourke asked about the proposed, size of the new building, and the applicant answered that it
will be the smallest Lowe's. To compare, the Ithaca Lowe's is about 116,000 SF; the
Cortlandville Lowe's will be about 94,000 SF.
Chairman Plew asked if there was anyone from the public who wished to speak on the proposed
variance; there was no one present .at this time.
With everyone having been heard who wished to be heard,
Chairman Plew closed the Public Hearing at 7:12 p.m.
DISCUSSION /DECISION
With no further discussion, a motion was made by Member Joann O'Rourke to grant the
variance, as requested, whether the words are strung out or stacked. The motion was
seconded by Member John Finn, with the vote recorded as follows:
Ayes: Chairman Plew Nays: None
Member Bilodeau
Member Finn
Member O'Rourke Absent: Member Whitney
Motion passed.
This becomes Action #21 of 2010.
PUBLIC HEARING #2
Ronald Marshall. Jr.. Avvlicant/Revuted Owner - 839 So. Lamont Circle - TM #95.16-02-
16.000 - Rear Yard Less Than Allowed
The second Public Hearing was opened at 7:15 p.m. by Chairman David Plew, who read
aloud the Legal Notice published in the Cortland Standard on 18 October 2010, 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 26, 2010, at 7.•00 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 Ronald Marshall Jr. for property located
at 839 South Lamont Circle, Tax Map No. 95.16-02-16.000, for a variance
in the terms and conditions of Article V, Section 178-21A, Bulk Regulations
of such Zoning Law to allow for a rear yard less than allowed.
The above application is open to inspection at the office of Bruce A. Weber, Planning &
Zoning Officer, Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland,
NY, or call (607) 756-7052 or 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.
Page 2 of 2
c3q
NOV 10 2010
Minutes - (T) Cortlandville Zoning Board of Appeals
26 October 2010
David Plew, Chairperson
Dated: October 18, 2010 Zoning Board of Appeals
(Note: Proof of Publication has been placed on file for the record.)
Chairman Plew recognized the applicant's wife, Kathy, who explained to everyone present that
she was seeking a variance to construct a new 19 ft. by 16 ft. addition on the rear of their
home, as shown on the sketch accompanying the application. The addition would contain a
master bedroom, bathroom, and walk-in closet. Once constructed, the proposed addition
would be a distance of 28.28± feet from the rear/north property line and 18.6± feet from the
west property line. An area variance was needed for the rear property line setback.
Chairman Plew asked if there was anyone from the public who wished to speak on the proposed
variance; there was no one present at this time.
With everyone having been heard who wished to be heard,
Chairman Plew closed the Public Hearing at 7:17 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 O'Rourke, with the vote
recorded as follows:
Ayes: Chairman Plew Nays: None
Member Bilodeau
Member Finn
t Member O'Rourke Absent: Member Whitney
Motion passed.
This becomes Action #22 of 2010.
APPROVAL OF MINUTES - 29 JUNE & 31 AUGUST 2010
A motion was made by Member Finn to approve the Minutes of the 6/29 and 8/31/2010
ZBA meetings, as submitted. The motion was seconded by Member Bilodeau, with the
vote recorded as follows:
Ayes: Chairman Plew Nays: None
Member Bilodeau
Member Finn
Member O'Rourke Absent: Member Whitney
Motion passed.
This becomes Action #23 of 2010.
ADJOURNMENT
At 7:18 p.m., on a motion by Member Finn, seconded by Member O'Rourke, with everyone
present voting in the affirmative, the meeting was adjourned.
Page 3 of 3
36,
NOV-10 2010
Minutes - (T) Cortlandville Zoning Board of Appeals -
Page 4 of 4
136
26 October 2010 -
E-mailed to KS /KP & TB,: W, JO, Minn,
&,BW on 11/9/10.
UA6 20-1-1
( } TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS
Public Hearings/ Meeting Minutes - Tuesday, 30 November 2010 - 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
Joann O'Rourke John B. Folmer, Town Attorney
Thomas Bilodeau
Kevin Whitney
Avolicants & Public Present
Kenneth Woodman, Applicant; Ryan Baker for UC Cortland Housing, Applicant; Mike Coles for
Bestway Enterprises, Applicant; Marie Woodman, David N. Rosen, Andrew Porter.
The Public Hearings were opened at 7 p.m. by Chairman David Plew, who read aloud the
Legal Notice published in the Cortland Standard on 18 November 2010, 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 30, 2010, at 7:00 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 Kenneth Woodman. for property located
at 3704 Abdallah Avenue, Tax Map No. 96.06-01-31.000, for a variance in
the terms and conditions of Article V, Section 178-21A, for a front yard less
than allowed.
2. In the matter of the application of UC Cortland Housing for property located
at 951 Route 13, Tax Map No. 95.16-01-15.000, for a variance in the terms
and conditions of Article XVIll, Section 178-112 A3, for a sign with an area
greater than allowed.
3. In the matter of the application of Bestway Enterprises for property located
at 3269 Gracie Road, Tax Map No. 105.05-01-12.100, for a variance in the
terms and conditions of Article III, Section 178-13 A, for a lot width less
than allowed.
The above applications are open to inspection at the office of Bruce A. Weber, Planning
& Zoning Officer, Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland,
NY, or call (607) 756-7052 or 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
Dated: November 18, 2010 Zoning Board of Appeals
(Note: Proof of Publication has been placed on file for the record.)
Page 1 of 1
31
JAN 2 5 2011 3�
Minutes - (T) Cortlandville Zoning Board of Appeals 30 November 2010
PUBLIC HEARING # 1 II
Kenneth Woodman. Applicant/Reputed Owner - 3704 (aka 91 Abdallah Ave. - TM #96.06-
01-31.000 - Front Yard Less Than Allowed
Chairman Plew recognized the applicant who explained to everyone present that he was
updating his home by replacing windows and siding. In addition, he would like to relocate the
main entrance of the home because, as it now exists, it has become problem for elderly and
handicapped individuals and for emergency services to remove a patient from the home. To
allow for safe entry, he would like to relocate the main entrance from the side to the front of the
home and install a covered porch w/railing. The proposed 5 ft. by 8 ft. porch will extend into
the 35 -foot front setback distance, as shown on the sketch accompanying the application.
Chairman Plew asked if there was anyone from the public who wished to speak on the proposed
variance; there was no one present at this time.
With everyone having been heard who wished to be heard,
Chairman Plew closed the Public Hearing at 7:02 p.m.
DISCUSSION/ DECISION
All Board members present agreed that the proposed front porch would provide the added
safety that the applicants were seeking and, in addition, would improve the aesthetics of the
home.
With no further discussion, a motion was made by Member Joann O'Rourke to grant the
variance, as requested. The motion was seconded by Member Tom Bilodeau, with the vote
recorded as follows:
Ayes: Chairman Plew Nays: None
Member Bilodeau
Member O'Rourke
Member Whitney Absent: Member Finn
Motion passed.
This becomes Action #24 of 2010.
PUBLIC HEARING #2
UC Cortland Housing, Applicant/United Group of Companies, Reputed Owner - 951 NYS
Route 13 (Cortland College Suites) (aka 91 - TM #95.16-01-15.000 - Sign With Area
Greater Than Allowed
Chairman Plew recognized Brian Baker, representing the applicant, who explained to everyone
present that he was seeking a variance to place a 17 ft. by 10 ft. advertising banner at the end
of their housing facility, facing NYS Route 281, as shown on the photo accompanying the
application—the same as they did for last year. Member O'Rourke asked for how long the
applicant would like to display the banner, and Mr. Baker responded "no longer than
12/31/10." Occupancy at the present time is approximately 75%, and the applicant would like
to fill the facility by visible advertising.
Chairman Plew asked if there was anyone from the public who wished to speak on the proposed
variance; there was no one present at this time.
- With everyone having been heard who wished to be heard,
\ Chairman Plew closed the Public Hearing at 7:04 p.m.
DISCUSSION /DECISION
Page 2 of 2
JAN 2 5 2011
Minutes - (T) Cortlandville Zoning Board of Appeals 30 November 2010
Chairman Plew felt that this variance request could go on "for a few years," and the Board
should consider if they should come back again. Board needs to consider how to handle any
future re -hearing of this variance request.
After a short discussion, a motion was made by Member Kevin Whitney to grant the
variance for a building -mounted sign with an area greater than -allowed until 12/31/11;
any future rehearing of said variance request will require a unanimous vote of the ZBA.
The motion was seconded by Member O'Rourke, with the vote recorded as follows:
Ayes: Chairman Plew Nays: None
Member Bilodeau
Member O'Rourke
Member Whitney Absent: Member Finn
Motion passed.
This becomes Action #25 of 2010.
PUBLIC HEARING #3
Bestway Enterprises, Applicant/ Reputed Owner - 3269 Gracie Rd. - TM #105.05-01-
12.100 - Lot Width Less Than Allowed
Chairman Plew recognized Mike Coles (sp?), representing the applicant who was seeking a
variance for a lot width less than allowed, as the applicant/owner did not wish to landlock the
rear portion of their property. He explained that there was a tenant occupying a home on the
1.08 A. parcel of land, as shown on the map accompanying the application. The tenant wants
to purchase the entire parcel from the owner but, if he did so, the owner would lose access to
the rear 4.6 acres now owned by a family member (Mrs. Ochs) and located behind the business
parcel and the pond. The owner wants to take a small strip of land off the 1.08 A. parcel to use
as an access road between that parcel and the pond, leaving the buildings as the applicant's
responsibility. This would allow them to access the balance of their land and the land owned
by Mrs. Ochs. The owner has no intention to develop the remaining land and, as they stated in
their narrative accompanying the application, "it will in all likelihood be consolidated with the
land owned by Mrs. Ochs." The proposed strip is wide enough to accommodate emergency
vehicles. It will not be a dedicated road, just a right-of-way.
Chairman Plew asked if there was anyone from the public who wished to speak on the proposed
variance; there was no one present at this time.
With. everyone having been heard who wished to be heard,
Chairman Plew closed the Public Hearing at 7:10 p.m.
DISCUSSION /DECISION
With no further discussion, a motion was made by Member O'Rourke to grant the variance
for a lot width less than allowed, as requested. The motion was seconded by Member
Bilodeau, with the vote recorded as follows:
Ayes: Chairman Plew Nays: None
Member Bilodeau
Member O'Rourke
Member Whitney Absent: Member Finn
Motion passed.
This becomes Action #26 of 2010.
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APPROVAL OF MINUTES - 28 SEPTEMBER & 26 OCTOBER 2010
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