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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 �l 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-- �d� UCQV►C�C� 1GtJrPG- ZONING BD. Complete Address: s4L�- � /-� I,("" �,v 2- Frl �f W 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: �� mo) ev /II(�ilk nP_-) 0,,� I " 'YO cQ2I C aaLe 16 Regarding: Complete Address: i �n • • �� ►^�� // .fib 60 EY►-tIvd C, SViY. 3zz�1 vLi rwce 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.) a rPRINTE1Y�*-Name: nn 0�laur�e�n `�c�b�nsor Regarding: Complete Address: var��res� �zc��\�Ck2d, �"3�ano}.N � cc 9Z -r,, mac% r � C�,Y1�,C1Ce, °���, 1Z1�►e , C �'e.����.: Cn�1ar�,�1 <oa 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 l� 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 /& 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 t%�a;,c Jtrc`ddti�� ok Signed Name A/d/ Address 3 y 17 3 q ee, ,b b 61 -ARM P� 13446 AUG 3 0 2010 0 ATTENDANCE SHEET �(T) CORTLANDVILLEI [ZONINI nij. EDF; APPEALS' MEETING OF b i 2 9 Ho o (Your attendance is recorded in the meeting Minutes.) PRINTE„ v �, Name: _-.... �ow1 � __67 Z�CA-5 S t N _,/ i m r-2JJV SM c_t. ZQ-_S' M IGHd'►F�L I� LD S 1 /i 112 Q.(.v ,'r 7_1 ) jou MAby'sa el- ZONING PIE Regarding: Complete Address: z" ""V � V A -(U r -'K cc elyo M ISIS. P� "VI I (pY IN iT LoLq 83 1?, CDT %.nc� N /)Y'�is ( Z 3-eweif &.41 .*a e ��� f - l�I K� e✓ 70 A /NY )VV yr S:1 Lf-�fiRte(Ao1h�x�t � 1 ...c �1 to \_. '\Zofti(-i VA2(4fi E T�4 Y-\� \F) CoR`iLW6 atl C ciz V(;the,L� N-Lv G�/, I✓�� t/v 7�� �i�C�rw .�j-N/ � eU �T�OJf� s J'. VU V"Q " K 1411-74712 n-.0 ISd,'�.41v 67rdih.11— 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: -1c 0 - )11 ZONING BD. OF APPEALS Meeting Only ,, ` - �. .t,l i� � r -• � . :'i t 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. s-- j APPROVAL OF MINUTES - 28 SEPTEMBER & 26 OCTOBER 2010 Page 3 of 3 3R r JAN 2 5 2011 - ATTENDANCE SHEET (T) C0'RTLANI)VrLLE ZONING:BD. OF APPEALS MEETING (Your attendance is recorded in the meeting Minutes.) RINTELT> Name: Regarding: Complete Address: H verc ',,a 17 &Z' 5i gak- 13 atkfiAl A1Y wccomn-Y/ VA- J71 1q - n4 VIP IV, IRy6A-f 0" 0 q1 ZONING BD -0. OF'APPEALS::: Meeting, Only