Loading...
HomeMy WebLinkAbout2009�. INDEX OF ACTIONS - 2009 (T) CORTLANDVILLE ZONING BOARD OF APPEALS MEETING RESOLUTION DATE NO. DESCRIPTION PAGE NO. 3/31/09 1 879 ROUTE 13, LLC, APPLICANT/REPUTED OWNER (CHRIS CALABRO) - 2 879 NYS Route 13 - TM #95.16-02-74.000 (Garcia's) - Variance GRANTED to allow for a building -mounted sign to be illuminated, and for a free-standing sign with a height greater than allowed, as requested. 2 COOPER SIGN CO., INC., APPLICANT/BENDERSON DEVELOPMENT, 2 REPUTED OWNER - Intersection of NYS Route 281 & Luker Road - TM #86.17-01-08.110 - Variance GRANTED for a two-sided sign which shall conform to the required setback. 3 RAPP SIGNS, INC., APPLICANT/FRIENDLY'S, REPUTED OWNER - 145 3 West Road (NYS Route 281) - TM #95.12-01-13.000 - Variance GRANTED to allow for a sign closer to the property line than allowed, as requested. (Signed) Joan E. Fitch Joan E. Fitch; Board Secretary Emailed to: Karen/Kris, TB, JO, JF, KW, BW & TW on 4/2/09. INDEX OF ACTIONS - 2009 (T)CORTLANDVILLE ZONING BOARD OF APPEALS ,'MEETING RESOLUTION DATE NO. DESCRIPTION PAGE NO. 4/28/09 5 LEE M. JOHNSON, APPLICANT/RACHEL WRIGHT, REPUTED OWNER - 06 1832 NYS Route 13 - TM #77.00-04-15.000 - Variance GRANTED to allow the applicant to live in the mobile home for a period of one year, with construction of new house to be completed within two years and, upon completion of the new home and issuance of a Certificate of Occupancy, the mobile home must be removed within 30 days. 6 APPROVED ZBA MINUTES OF 31 MARCH 2009, as submitted. 07 (Signed) Joan E. Fitch Joan E. Fitch, Board Secretary Emailed to: Karen/Kris, TB, JO, JF, KW, BW & TW on 5/11/09. MEETING DATE 5/26/09 INDEX OF ACTIONS - 2009 (T)CORTLANDVILLE ZONING BOARD OF APPEALS RESOLUTION NO. I DESCRIPTION 1 7 TAMARA SCIERA, APPLICANT/LAWRENCE & JUDY HIRSCHFIELD, REPUTED OWNERS - 1732 NYS Rte. 13 - TM #77.17-01-04.110 - Variance GRANTED for a maximum of 15 adult female goats, 2 adult male goats, and 6 chickens closer to property line with an area less than allowed. PAGE NO. 11 8 DAVID WELSH, APPLICANT/RO - 25 Levydale Park - TM #96.06-02-36.000 - 12 Variance GRANTED, as requested, to construct a front porch closer to property line than allowed. 9 SHARON HEATH, APPLICANT/ '1T=, 11`91, 12 REPUTED OWNER - Lot 3,15 Kingsley Ave. - TM #96.09-04-14.000 - Variance GRANTED for a front and side yard less than allowed, as requested. �CKop 10 UC CORTLAND HOUSING, LLC, REPUTED OWNER - 951 NYS Route 13 - TM 13 #95.16-01-09.000 - Variance GRANTED for a temporary sign exceeding the number and area allowed, with said sign to be removed by 31 December 2009. 11 EDGAR HONOUR, APPLICANT/REPUTED OWNER - 1582 Saunders Road - 14 TM #96.00-01-14.120 - Variance GRANTED for a garage to be set back a distance of 40 feet from the right-of-way. (Signed) Joan E. Fitch Joan E. Fitch, Board Secretary Emailed to: Karen/Kris, TB, JO, JF, KW, BW & TW on 5/27/09. INDEX OF ACTIONS - 2009 r (T)CORTLANDVILLE ZONING BOARD OF APPEALS MEETING RESOLUTION DATE NO. DESCRIPTION PAGE NO. 6/30/09 12 KENNETH A. DEMUNN, APPLICANT/REPUTED OWNER - 1190 Gallagher 18 Road - TM #106.00-03-04.000 - Variance DENIED to allow for two single-family dwellings on a single parcel, based on lack of hardship. 13 CHRISTINE PLACE, APPLICANT/M. J. RAPAPORT INC., REPUTED OWNER - 19 1069 Halstead Rd. - TM #96.05-01-37.000 - Variance GRANTED to allow for a two-family dwelling with yards and total square footage less than allowed 14 APPROVED MINUTES OF 4/28 & 5/26/09 ZBA meetings, as submitted. 19 (Signed) Joan E. Fitch Joan E. Fitch, Board Secretary Emailed to: Karen/Kris, TB, JO, JF, KW, BW & TW on 7/2/09. MEETING DATE 7/28/09 INDEX OF ACTIONS - 2009 (T)CORTLANDVILLE ZONING BOARD OF APPEALS RESOLUTION NO. I DESCRIPTION PAGE NO. , 15 DAVID McNEIL dba McNEIL DEVELOPMENT CO., LLC, APPLICANT/REPUTED OWNER - 4038 NYS Rte. 281 (West Rd.) - TM #86.09- 01-39.000 - Variance GRANTED for lot area less than allowed, with parking spaces to be in compliance with the Code, with the westerly -most driveway clearly marked for exit and entrance, and the easterly -most driveway to be angled to suggest exiting Crestwood Court, conditioned upon approval of the Town Highway Superinendent. 23 16 KELLY EATON, APPLICANT/REPUTED OWNER - 3160 South Hill Rd. (McGraw) - TM #108.00-03-18.000 - Variance GRANTED to allow for a garage with a front yard less than allowed. 24 17 JOHN F. BREWER, APPLICANT/REPUTED OWNER - 4420 NYS Rte. 41 (McGraw) - TM #88.00-01-58.000 - Variance GRANTED to construct a porch closer to the front than allowed. (Signed) Joan E. Fitch Joan E. Fitch, Board Secretary Emailed to: Karen/Kris, TB, JO, JF, KW, BW & TW on 7/30/09. 25 �Y MEETING DATE 8/25/09 _ 1 - INDEX OF ACTIONS - 2009 (T)CORTLANDVILLE ZONING BOARD OF APPEALS RESOLUTION NO. I DESCRIPTION I PAGE NO. 18 DAVID NARBY, APPLICANT/REPUTED OWNER - 335 Tompkins St. - Tm #96.09-02-46.000 - Variance GRANTED to allow for an accessory building with front yard less than allowed, as requested. 27 19 RANDY WHEELOCK, APPLICANT/REPUTED OWNER - 3597 NYS Route 215 - TM #96.11-01-16.000 - Variance DENIED for an accessory building closer to rear property line than allowed due to lack of proven hardship. 28 20 DAVID HONAN, APPLICANT/REPUTED OWNER - 686 Cedar Crest Drive - TM #95.11-02-03.000 - Variance DENIED for an accessory building closer to side property line than allowed due to lack of proven hardship. 21 DELORES BAYS, APPLICANT/REPUTED OWNER - 1286 Gallagher Rd. - TM #406.00-03-09.000 - Variance GRANTED to allow for a residential lot with an area less than allowed, as requested. 30 22 JAMES & .ROBERT LUCAS, APPLICANTS/REPUTED OWNERS - NYS Route 13 (South Cortland) - TM #105.00-01-48.100 - Variance GRANTED to allow for the sales and service of farm equipment, as requested. VOTE: 5 Aye, 0 Nay. 30 23 APPROVED MINUTES OF 6/30/09 ZBA MEETING, as submitted. 31 (Signed) Joan E. Fitch Joan E. Fitch, Board Secretary Emailed to: Karen/Kris, TB, JO, JF, KW, BW & TW on 8/26/09. MEETING 9/29/09 01 , '' " 0 4 mk INDEX of ACTIONS - 2009 (T) CORTLANDVILLE ZONING BOARD OF APPEALS RESOLUTION hin - DESCRIPTION PAGE NO. 24 BONNIE J. JOHNSON, APPLICANT/BESSIE J. MAGEE, REPUTED OWNER - 3667 Levydale Park - TM #96.10-02-14.000 - Variance GRANTED to allow for a front yard less than allowed, as requested 3 25-1 PATRICIA CROSS, APPLICANT/REPUTED OWNER - 751 Bowling Green - TM �iL #95.11-01-35.000 - Variance DENIED to allow for an accessory building with a front yard less than allowed, as requested. Vote: Aye - 1, Nay. - 3, Abstain - 1 25-2 PATRICIA CROSS, APPLICANT/REPUTED OWNER - 751 Bowling Green - TM #95.11-01-35.000 - Variance GRANTED to allow for an accessory building with a front yard less than allowed, as requested. Vote: Aye - 4, 5— Joan E. Fitch, Board Secretary Sent to: Karen/Kris, TB, JO, KW, JF, BW & TW on 9/30/09. JF Page 1 of 1 INDEX OF ACTIONS - 2009 (T)CORTLANDVILLE ZONING BOARD OF APPEALS MEETING RESOLUTION DATE NO. DESCRIPTION PAGE NO. 10/27/09 26 DANIEL HORN, APPLICANT/STEVEN & JULIENE RAY, REPUTED OWNERS - 920 Blue Creek Road - TM #85.00-08-16.000 - Variance GRANTED for a lot with width less than allowed, as requested. 38 27 APPROVED MINUTES OF 7/28 & 8/25/09 ZBA MEETINGS, as submitted. 9 (Signed) Joan E. Fitch Joan E. Fitch, Board Secretary Emailed to: Karen/Kris, TB, JO, JF, KW, BW & TW on 10/29/09. INDEX OF ACTIONS - 2009 (T)CORTLANDVILLE ZONING BOARD OF APPEALS MEETING I RESOLUTION DATE NO. DESCRIPTION PAGE NO. 12/1/09 28 LARRY & TERESA BIVIANO, APPLICANTS/REPUTED OWNERS - 1074 Halstead Road - TM #96.09-01-37.000 - Variance GRANTED for front yard less than allowed, as requested. Vote: 5 aye. 42 29 TAMMY L. THOMAS, APPLICANT/REPUTED OWNER - 4271 NYS Route 281 - TM #76.18-01-23.000 - Variance DENIED to allow for retail sales in an R-1 District due to a lack of proven hardship. Vote: 5 aye. 42 30 CLINTON SIGNS, INC., APPLI CANT/C LEARY OIL, REPUTED OWNER - 3890 NYS Rte. 281 (New KFC) - TM #86.17-01-07.200 - Variances GRANTED to allow a greater number of building -mounted signs with an area greater than allowed, and for building -mounted signs to be illuminated, as requested. Vote: 4 aye, 1 abstain. 43 (Signed) Joan E. Fitch Joan E. Fitch, Board Secretary Emailed to: Karen/Kris, TB, JO, JF, KW, BW & TW on 12/3/09. MEETING DATE 12,/29/09 INDEX OF ACTIONS - 2009 (T)CORTLANDVILLE ZONING BOARD OF APPEALS RESOLUTION NO. I . _ DESCRIPTION I PAGE NO. 31 JACKSON WELDING, LLC, APPLICANT/REPUTED OWNER - 4316-4320 US Route 11 - TM #76.19-01-19.000 - Bulk variance GRANTED for a lot with a rear yard less than allowed, as requested. 45 (Signed) Joan E. Fitch Joan E. Fitch, Board Secretary Emailed to: Karen/Kris, TB, JO, JF, KW, BW & TW on 12/30/09. TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS Public Hearings/ Meeting Minutes - Tuesday, 31 March 2009 - 6:45 PM Town Hall Board Room - 3577 Terrace Road - Cortland, NY Board Members (*absent) Others Present David Plew, Chairman Bruce Weber, Code Enforcement Officer John Finn Joan E. Fitch, Board Secretary Joann O'Rourke *Thomas Bilodeau Kevin Whitney Applicants .& Public Present Chris Calabro, Applicant; John Cooper for Cooper Sign Co., Applicant; Patrick Doyle for Friendly's, Applicant; Bob James, Grace Meddaugh. The Public Hearings were opened at 6:42 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 31, 2009, at 6:45 p.m. at the Raymond G. Thorpe Municipal Building (Town Hall), 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 Chris Calabro for property located at 879 Route 13, Tax Map No. 95.16-02-74.000, for a variance in the terms and conditions of Article XVIII, Table 1 & Table 2, Note 2A, of such Zoning Law to allow for a building -mounted sign to be illuminated, and for a free- standing sign with a height greater than allowed. 2. In the matter of the application of Cooper Sign Co. (property owner Benderson Development) for property located at the intersection of Luker Road & NYS Route 281, Tax Map No. 86.17-01-08.110, for a variance in the terms and conditions of Article XVIII, Section 178-111B & 112 A3, of such Zoning Law to allow for an additional sign, closer to property line, with an area greater than allowed. 3. In the matter of the application of Rapp Sign Co. (property owner Friendly's) forproperty located at 145 West Road, Tax Map No. 95.12-01-13.000, for a variance in the terms and conditions of Article XVIII, Section 178-111B, of such Zoning Law to allow for a sign closer to property line than allowed. The above applications are open to inspection at the office of Bruce A. Weber, Code Enforcement Officer, Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, NY, or call (607) 756-7490. 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 19, 2009 Page 1 of 4 David Plew, Chairperson Zoning Board of Appeals \_ i (T) Cortlandville Zoning Board of Appeals 31 March 2009 PUBLIC HEARING # 1 879 Route 13, LLC, Applicant/Reputed Owner (Chris Calabro) - 879 NYS Route 13 - TM #95.16-02-74.000 (Garcia's) - Sian Variance Chairman Plew recognized Chris Calabro who was requesting a variance to allow for the illumination of a building -mounted sign, and for a free-standing sign with a height greater than allowed for Garcia's Restaurant. He explained that the NYSDOT will be taking ten feet of the road frontage along Route 13, so the existing sign needed to be relocated. With the required setback from the front, the relocated sign would not be visible, so he was seeking a variance to put the sign on top of the existing stone wall. He would also like to place an additional illuminated sign on the side of the restaurant facing Route 13. The size of the signs conforms to the requirements. Member John Finn asked CEO Weber how much higher the sign on the stone wall would be than is required, and CEO Weber responded that the sign would be 13 feet in height where eight feet is the maximum. Chairman Plew asked if there was anyone present who wished to speak regarding the proposed variance request; there was no one. With everyone having been heard who wished to be heard, Chairman Plew closed the Public Hearing at 6:49 p.m. DISCUSSION/ DECISION At the conclusion of a brief discussion, a motion was made by Member John Finn to grant the variance for the signs as requested. The motion was seconded by Member Joann O'Rourke, with the vote recorded as follows: Ayes: Chairman Plew Nays: None Member Finn Member O'Rourke Member Whitney Absent: Member Bilodeau Motion passed. This becomes Resolution #I of 2009 PUBLIC HEARING #2 Cooper Sian Co.. Inc., Applicant/Benderson Development, Reputed Owner - Intersection of NYS Route 281 & Luker Road - TM #86.17-01-08.110 - Sian Variance Chairman Plew recognized John Cooper, representing the applicant who was seeking a variance to erect a "Leasing" sign on this vacant property, as shown on the detail accompanying the application. The sign would be in a V-shape, as if the V was lying on its side with the point of the V facing Route 281. Because of the proposed construction, it was considered as two signs. Mr. Cooper explained that the owner is looking for someone to develop this parcel, and the sign was needed to attract attention from the highway. The sign would not be illuminated. When asked by the Chair how long the sign would be in place, Mr. Cooper answered "until we find someone." The sign would be removed when they have someone who wanted to develop the property. Member Finn asked why a regular two-sided sign could not be erected which would conform to the Code? He stated "if you put the two sides together, no variance is needed." Member Page 2 of 4 62, APR 2 9 2009 (T) Cortlandville Zoning Board of Appeals 31 March 2009 Whitney commented that he saw a smaller, nice looking sign on their Ithaca property, and he asked Mr. Cooper if they received contacts based on those signs; Mr. Cooper responded that they did. Mr. Cooper showed the Board members a photo of the proposed style of sign and stated that it was only for leasing of the property. In response to a question, CEO Weber stated that the variance would go with the property. Chairman Plew asked if there was anyone present who wished to speak regarding the proposed variance request; there was no one. With everyone having been heard who wished to be heard, Chairman Plew closed the Public Hearing at 7:02 p.m. DISCUSSION/DECISION Chairman Plew asked the Board members for their comments. Member O'Rourke thought the sign should be conforming, especially since Route 281 is so visible. She stated that she would like the Town's signage to be more in line with the Design Guidelines, and she saw no purpose for the V sign; a flat -sided sign would be sufficient. Member Whitney had no additional comments. The Board then discussed the proposed placement of the sign which was set back a distance of 8.5 feet when 15 feet is required. CEO Weber commented that if the proposed sign was placed on the south side of the parcel, it would be more visible from both directions. Member O'Rourke asked Mr. Cooper if this was a possibility, and Mr. Cooper responded he saw no problem with that location. At the conclusion of the discussion, a motion was made by Member O'Rourke to grant the variance for a two-sided sign which shall conform to the required setbacks. The motion was seconded by Member Finn, with the vote recorded as follows: Ayes: Chairman Plew Nays: None Member Finn Member O'Rourke Member Whitney Absent: Member Bilodeau Motion passed. This becomes Resolution #2 of 2009 PUBLIC HEARING #3 Rapp Sians, Inc., Applicant/Friendlv's, Reputed Owner - 145 West Road (NYS Route 2811 - TM #95.12-01-13.000 - Sian Variance Chairman Plew recognized Patrick Doyle, representing the applicant who was seeking a variance to put up a pole sign that was taken down by the NYSDOT in its widening of NYS Route 281. If the required setback was adhered to, the sign would be behind the front of the building; they wished to place the sign at the edge of the NYSDOT right-of-way. Mr. Doyle stated that they had talked with the NYSDOT and they marked the ROW line on the property. Chairman Plew commented, with regard to a hardship, that the hardship was caused by the widening of the road. Chairman Plew asked if there was anyone present who wished to speak regarding the proposed variance request; there was no one. With everyone having been heard who wished to be heard, Chairman Plew closed the Public Hearing at 7:15 p.m. Page 3 of 4 03 APR 2'9 2009 (T) Cortlandville Zoning Board of Appeals 31 March 2009 DISCUSSION /DECISION With no further discussion, a motion was made by Member O'Rourke to grant the variance for the sign to be closer to the property line -than allowed, as requested. The motion was seconded by Member Kevin Whitney, with the vote recorded as follows: Ayes: Chairman Plew Nays: None Member Finn Member O'Rourke Member Whitney Absent: Member Bilodeau Motion- passed. This becomes Resolution #3 of 2009 Approval of Minutes - 18 November 2008 A motion was made by Member O'Rourke to approve the Minutes of the 18 November 2008 meeting of the Zoning Board of Appeals, as submitted. The motion was seconded by Member Finn, with the vote recorded as follows: Ayes: Chairman Plew Nays: None Member Finn Member O'Rourke Abstain: Member Whitney Absent: Member Bilodeau Motion passed. This becomes Resolution #4 of 2009. Adiournment At 7:16 p.m., on a motion by Member Whitney, seconded by Member Finn, with everyone present voting in the affirmative, the meeting was adjourned. Joan E. Fitch, Secretary Zoning Board of Appeals Page 4 of 4 E-mailed 4/28/09. Original delivered. D 'I - :-��,� . •.�Y. =f 200-,.�. �.. ��:.,.r: . _ :� t' i - 1:. NC�E� H� •ET . �. _ - S E J _. `I'` o vE ' QNI - B' ,.­ C TLAN ilii. � NG' D:=OF- -, �APPE � "LS`:=`� �� EETING:'�•`��~' •`C��: - - o " r -at�ea •dance. is �recor `d� in _the me�tu �iVIYri � u � de g Utes.)• °� , . • : ,• ...... ,08PUNME, Name: Regarding: ` ' Coirigete Add'ress:=:' `- --:�. 'CA 1124 lix © W',kJ . ::` .... 14:-W CUQ4 02.=':4.1 ,rl. E,4) Z�ffil �Mgn.A®a��E�A�LS eeitwin�g lri�l J U L 012009 TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS Public Hearing/Meeting Minutes - Tuesday, 28 April 2009 - 7 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 Applicants & Public Present Lee Johnson, Applicant; Grace Meddaugh. Others Present Bruce Weber, Code Enforcement Officer Joan E. Fitch, Board Secretary The Public Hearing was opened at 7 p.m. by Chairman David Plew, who read aloud the Legal Notice 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 28, 2009, at 7 p.m. at the Raymond G. Thorpe Municipal Building (Town Hall), 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 Lee M. Johnson for property located at 1832 Route 13, Tax Map No. 77.00-04-15.000, for a variance in the terms - and conditions of Article VII, Section 178-29, of such Zoning Law to allow for a building -mounted sign to be illuminated, and for a mobile home in a Business District. The above application is open to inspection at the office of Bruce A. Weber, Code Enforcement Officer, Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, NY, or call (607) 756-7490. 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: April 20, 2009 Zoning Board of Appeals PUBLIC HEARING Lee M. Johnson. Applicant/Rachel Wright. Reputed Owner - 1832 NYS Route 13 - TM #77.00-04-15.000 - Mobile Home in Business District Chairman Plew asked CEO Bruce Weber to bring the ZBA up to date on the status of the mobile home which exists on this parcel at the present time. CEO Weber explained that a variance had been granted to the property owner for their parents to reside there until such time as the parents no longer needed it; evidently, this point has been reached since the applicant is seeking this variance. Chairman Plew then recognized the applicant who explained that he is in the process of purchasing the subject 2± acre parcel and would like to live in the mobile home until such time as he can build his own home on this lot. He stated he would like to build his new home next year, but wants more time for "wiggle room." In response to Member John Finn's question, Page 1 of 3 (T) Cortlandville Zoning Board of Appeals J U L O 12009 28 April 2009 01 Mr. Johnson stated that his purchase of the property was contingent upon receiving the i requested variance. Member Joann O'Rourke asked the applicant why he would consider building a home in a Business District. Mr. Johnson responded that one reason was because of its proximity to Cortland, and the other was because the "price is right." Chairman Plew felt the five years requested on the application form was a long time, and he asked the applicant how he would feel if the Board granted only two years. Mr. Johnson thought that would be okay. With everyone having been heard who wished to be heard, Chairman Plew closed the Public Hearing at 7:05 p.m. DISCUSSION /DECISION Member Kevin Whitney asked questions of CEO Weber, who answered them. CEO Weber explained that if the variance was not granted, then the mobile home would have to be removed. CEO Weber then explained the Building Permit process to Member Whitney. If the variance was granted, once the home was constructed and a Certificate of Occupancy issued, the mobile home would have to be removed. Member Finn asked if a hardship had been demonstrated. The applicant stated that the price for the property was what he could afford, the utilities were already there, and it was close to his work. Chairman Plew stated he did not see a hardship as stated. Member Tom Bilodeau felt this would be a good opportunity to replace an existing mobile home with a new house, - improving the property. At the conclusion of an extensive discussion, a motion was made by Member O'Rourke to grant the variance to allow the applicant to live in the mobile home for a period of one year, with construction of a new house to be completed within two years and, upon completion of the new* home and issuance of a Certificate of Occupancy, the mobile home must be removed within 30 days. The motion was seconded by Member Finn, with the vote recorded as follows: Ayes: Chairman Plew Nays: None Member Finn Member Bilodeau Member O'Rourke Member Whitney Motion passed. This becomes Resolution #5 of 2009 Approval of Minutes - 31 March 2009, A motion was made by Member O'Rourke to approve the Minutes of the 31 March 2009 meeting of the Zoning Board of Appeals, as submitted. The motion was seconded by Member Finn, with the vote recorded as follows: Ayes: Chairman Plew Nays: None Member Finn Member O'Rourke Abstain: Member Bilodeau Member Whitney Motion passed. This becomes Resolution #6 of 2009. Page 2 of 3 J U L 012009 (T) Cortlandville Zoning Board of Appeals 28 April 2009 Adiournment At 7:15 p.m., on a motion by Member Finn, seconded by Member Whitney, with everyone present voting in the affirmative, the meeting was adjourned. Joan ;Fitch, Secretary Zoning Board of Appeals Page 3 of 3 E-mailed 6/29/09. Original delivered. 1'I 1 J U L 012009 ATTENDANCE SHEET li 7 (T) CORTLANDVILLE CZONING BD. -OF APPEAL MEETING OF (Your attendance is recorded in the meeting Minutes.) �PRINT19> Name: Regarding: Complete Address: ?Izill T11 �,LC, M �� 6� �-s� 1� ��f e tic e 2v % ek1x /1✓e. 6 rmPm o 0 r ZONING BD:=OFfAPPEAL- S Meeting -Only-7 J U L 012009 TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS 1 Public Hearings/ Meeting Minutes - Tuesday, 26 May 2009 - 7 PM Town Hall Board Room - 3577 Terrace Road - Cortland, NY Board Members (*absent) Others Present David Plew, Chairman Bruce Weber, Code Enforcement Officer John Finn Joan E. Fitch, Board Secretary Joann O'Rourke Thomas Bilodeau Kevin Whitney Applicants & Public Present Tamara Sciera, Applicant; David Welsh, Applicant; Sharon Heath, Applicant, Edgar Honour, Applicant; Craig Zogby, Jhecraned Schmidt & Danielle Uccellini of College Suites, Applicant; Grace Meddaugh. The Public Hearings were opened at 6:27 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 28, 2009, at 7 p.m. at the Raymond G. Thorpe Municipal Building (Town Hall), 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 Tamara Sciera for property located at 1732 Route 13, Tax Map No. 77.17-01-04.110, for a variance in the terms and conditions of Article IV, Section 178-18 B1, of such Zoning Law to allow for an Agricultural use closer to property line with an area less than allowed. 2. In the matter of the application of Dave Welsh for property located at 3688 Levydale Park, Tax Map No. 96.06-02-36.000, for a variance in the terms and conditions of Article V, Section 178-21 A, of such Zoning Law to allow for a porch with a front yard less than allowed. 3. In the matter of the application of Sharon Heath for property located at 15 Kingsley Avenue, Lot 3, Tax Map No. 96.09-04-14.000, for a variance in the terms and conditions of Chapter 151, Section 6 B, of such Zoning Law to allow for a side and front yard less than allowed. 4. In the matter of the application of UG Cortland Housing LLC for property located at 951 Route 13, Tax Map No. 95.16-01-09.000, for a variance in the terms and conditions of Article XVIII, Section 178-112 A 3, of such Zoning Law to allow for a sign exceeding the number and area allowed. 5. In the matter of the application of Edgar Honour for property located at 1582 Saunders Road, Tax Map No. 96.00-01-14.120, for a variance in the terms and conditions of Article III, Section 178-13 A, of such Zoning Law to allow for a garage with a front yard less than allowed. The above applications are open to inspection at the office of Bruce A. Weber, Code Enforcement Officer, Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, NY, or call (607) 756-7490. Persons wishing to appear at such hearing may do so in person, by attorney, or other representative. Page 1 of 6 11D JUL 012009- (T) Cortlandville Zoning Board of Appeals 26 May 2009 Communications in writing in relation thereto may be filed with the Board or at such hearing. Dated: May 14, 2009 David Plew, Chairperson Zoning Board of Appeals Chairman Plew commented that the Zoning Board of Appeals must consider the hardship for each appellant. PUBLIC HEARING # 1 Tamara Sciera. Annlicant/Lawrence & Judv Hirschfield. Renuted Owners - 1732 NYS Route 13 - TM #77.17-01-04.110 - Aericultural Use Chairman Plew recognized the applicant who stated that her family recently moved to this property (leased with option to buy) and her son, John, owns a small herd of goats as a hobby. She stated that the Zoning Law requires five acres of land for this type of use and their property is just over one acre. Their neighbor to the south is in favor of the proposed use, BOCES is to the east and quite a distance from the subject property, and to the north is an agricultural parcel presently being farmed for crops; this same farmer also utilizes the lot across the road for the same purpose. They have ten adult females, plus their kids which are sold each year. Her son, she said, sometimes buys and resells adult animals for profit. When asked by Chairman Plew how many goats can be supported on one acre, John Sciera replied that in addition to feeding in a pasture, the goats are supplemented by purchased feed and hay as they eat constantly. They are kept within the barn in the winter. They keep the adults and sell the kids. Each female delivers from one to three kids each year. They also own a male goat (ram). Mrs. Sciera stated they also wished to have some chickens. Hobby farming, she said, is a growing trend. Member O'Rourke asked about manure odors, and John responded that there was none as they are like "large rabbits." Member Kevin Whitney stated he visited the property and noticed that the goats were already there. The process should be variance first, goats second. Mrs. Sciera explained that due to a family crisis, they had to move the goats from their previous home. It's not something they would normally do, she said, but they had no choice. With everyone having been heard who wished to be heard, Chairman Plew closed the Public Hearing at 6:43 p.m. DISCUSSION /DECISION Member Bilodeau thought that the applicant had satisfactorily explained their hardship. At the conclusion of a brief discussion, a motion was made by Member O'Rourke to grant the variance for a maximum of 15 adult female goats, 2 adult male goats, and 6 chickens closer to the property line with an area less than allowed. The motion was seconded by Member Finn, with the vote recorded as follows: Ayes: Chairman Plew Nays: None Member Finn Member Bilodeau Member O'Rourke ( Motion passed. Member Whitney This becomes Resolution #7 of 2009. Page 2 of 6 r� J U L 012009 (T) Cortlandville Zoning Board of Appeals 26 May 2009 PUBLIC HEARING #2 David Welsh. Apulicant/Reputed Owner - 25 Levvdale Park - TM #96.06-02-36.000 -, Front Porch Too Close to Property Line Chairman Plew recognized the applicant who stated that he had his house newly sided and was looking to replace the former 6 ft. by 8 ft. deck which was in disrepair with a 25 ft. by 8 ft. covered porch, as indicated on the drawing accompanying the application. Chairman Plew stated he had looked at the property, and it appeared that the proposed porch would be in line with other neighboring properties. Member Finn asked the applicant what his hardship would be if the variance was not granted, and he replied it would make access to their driveway much easier. Chairman Plew said he saw no problem with what the applicant was asking. Member O'Rourke commented that he would be improving his home and he should be able to do that so he could enjoy his home. With everyone having been heard who wished to be heard, Chairman Plew closed the Public Hearing at 6:55 p.m. DISCUSSION /DECISION With no further discussion, a motion was made by Member 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 Finn Member Bilodeau Member O'Rourke Member Whitney Motion passed. This becomes Resolution #8 of 2009. PUBLIC .HEARING #3 * s{-eve-vi'Ban ks Sharon Heath. Applicant/Certlua-bictir Reputed Owners - Lot 3, 15 Kingsley Avenue - TM #96.09-04-14.000 - Front & Side Yards Less Than Allowed, Chairman Plew recognized the applicant who stated she is requesting to add to the existing porch on her mobile home, as shown on the sketch accompanying the application. She stated her elderly husband, who is s6mewhat confined to their home, could at least get outside and sit on the porch. Doug Smith, the next door neighbor and the porch contractor stated that the existing porch is too small to accommodate a chair because of the way the door opens. By extending the porch as shown, there would be room for porch chairs. There is an existing 20 - foot long concrete pad there to construct the porch addition on. The setbacks for the existing home are non -conforming and this porch addition would make it a little more non -conforming. As her next door neighbor, Mr. Smith had no objection to the addition. With everyone having been heard who wished to be heard, Chairman Plew closed the Public Hearing at 7 p.m. Page 3 of 6 JUL 012009 (T) Cortlandville Zoning Board of Appeals DISCUSSION /DECISION The Board Members felt that the hardship had been adequately addressed. At the conclusion of a brief discussion, a motion was made by Member the variance for a front and side yard less than allowed, as requested seconded by Member Whitney, with the vote recorded as follows: Ayes: Chairman Plew Nays: None Member Finn Member Bilodeau Member O'Rourke Member Whitney Motion passed. This becomes Resolution #9 of 2009. PUBLIC HEARING #4 26 May 2009 O'Rourke to grant . The motion was VO Cortland Housin-a. LLC. Reputed Owner - 951 NYS Route 13 - TM #95.16-01-09.000 - �Sian Variance Request Chairman Plew recognized Craig Zogby, representing the owner who was seeking a variance to place a temporary banner (as shown on the photo accompanying the application) on the building under construction along Route 13. The purpose of the banner was to advertise rental of the new building until the end of 2009. With everyone having been heard who wished to be heard, Chairman Plew closed the Public Hearing at 7:05 p.m. DISCUSSION /DECISION With no further discussion, a motion was made by Member O'Rourke to grant the variance for a temporary sign exceeding the number and area allowed, with said sign to be removed by 31 December 2009. The motion was seconded by Member Bilodeau, with the vote recorded as follows: Ayes: Chairman Plew Member Finn Member Bilodeau Member O'Rourke Member Whitney Motion passed. Nays: None This becomes Resolution # 10 of 2009 Page 4 of 6 13 JUL 0.12000 14 (T) Cortlandville Zoning Board of Appeals 26 May 2009 II PUBLIC HEARING #5 Edgar Honour, Applicant/ Reputed Owner - 1582 Saunders Road - TM #96.00-01-14.120 - Front Yard Setback for New Garage Chairman Plew recognized the applicant who stated that he was seeking a variance to place a new garage too close to the front property line than allowed. The variance was needed, he stated, because there was a "miscommunication" when he started the project. He was told he needed to be "60 feet off of the road," but he measured from the wrong place (edge of the pavement instead of the right-of-way), so he's about 20 feet too close. The pad has already been placed. If he has to go back an additional 20 feet, he would have to purchase more fill and gravel, remove and replace the new pad, an expensive proposition. Mr. Honour plans to have a blacktopped driveway and this, too, would be an additional 20 feet in length. Chairman Plew felt that the applicant had room to make the proposed garage conforming. Member Finn stated it appears that the road distances are confusing. CEO Weber added that if the applicant had come to him for the Building Permit, he would have determined at that time just where the ROW was. The applicant obtained his information from someone other than CEO Weber, so he cannot verify what happened between Mr. Honour and someone else. There was no actual survey provided by the applicant. A survey is the only accurate way to determine "here's where the property line is." With everyone having been heard who wished to be heard, Chairman Plew closed the Public Hearing at 7:15 p.m. DISCUSSION/DECISION Member Finn asked if the variance was granted, what kind of a negative impact would it have on the neighborhood? Member O'Rourke felt there would be none. Chairman Plew questioned the integrity of the ZBA if they grant a variance with no hardship. The ZBA may be too lenient. Member O'Rourke felt that each variance they granted was beneficial and improves the community as a whole. Chairman Plew felt the setback distance was not clear in this situation and there was simply a miscommunication; it is a very confusing situation. CEO Weber added that the Board is looking at 40 feet versus 60 feet. At the conclusion of their discussion, a motion was made by Member Finn to grant the variance for a garage to be set back a distance of 40 feet from the right-of-way. The motion was seconded by Member O'Rourke, with the vote recorded as follows: Ayes: Chairman Plew Nays: None Member Finn Member Bilodeau Member O'Rourke Member Whitney Motion passed. This becomes Resolution # 11 of 2009. Other Matter Chairman Plew reported that there was what looked like a new mobile home on Starr Road had just been moved in - almost to Honour's. What was it? CEO Weber advised that he will check this out. Page 5 of 6 JUL L 012009 (T) Cortlandville Zoning Board of Appeals 26 May 2009 Adiournment i' At 7:25 p.m., on a motion by Member Bilodeau, seconded by Member Finn, with everyone present voting in the affirmative, the meeting was adjourned. J IFilch, Secretary Zoning Board of Appeals Page 6 of 6 E-mailed 6/29/09. Original delivered. l-15 J U L 0 12009 I& ATTENDANCE SHEET �t j;' CoRT DvtLLE `BONING PD e_Q'L`jAP_EMALS MEETING OF (Your attendance is recorded in the meeting Minutes.) PRILN�,TE�� Name: Regarding: i l� Complete Address: If t� 15 ��.� � o e �d r- 3 � � ,��►- Ia K� � -y `S"& 2 S kLA-- -j') X YV5 2'j) C -ATL t -+J C`, /-ZA-' a ,1 y / SOY 1 J U L 2 9 2000 TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS Public Hearings/Meeting Minutes - Tuesday, 30 June 2009 - 6:45 PM Town Hall Board Room - 3577 Terrace Road - Cortland, NY Board Members (*absent) Others Present David Plew, Chairman Bruce Weber, Code. Enforcement Officer *John Finn Joan E. Fitch, Board Secretary Joann O'Rourke Thomas Bilodeau Kevin Whitney Annlicants & Public Present Kenneth DeMunn, Applicant; Christine Place, Applicant; Tammy Timmerman, Anne Doyle, C. Hopkins. 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, June 30, 2009, at 6:45 p.m. at the Raymond G. Thorpe Municipal Building (Town Hall), 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 Kenneth DeMunn for property located at 1190 Gallagher Road, Tax Map No. 106.00-03-04.000, for a variance in the terms and conditions of Article Ill, Section 178-13, of such Zoning Law to allow for two single-family dwellings on a single parcel. 2. In the matter of the application of M. J. Rapaport Inc. for property located at 1069 Halstead Road, Tax Map No. 96.05-01-37.000, for a variance in the terms and conditions of Article V, Section 178-22 A1, of such Zoning Law to allow for a two-family dwelling with yards and total square footage less than allowed. The above applications are open to inspection at the office of Bruce A. Weber, Code Enforcement Officer, Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, NY, or call (607) 756-7490. 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: June 19, 2009 David Plew, Chairperson Zoning Board of Appeals Chairman Plew commented to everyone present that the Zoning Board of Appeals must consider a hardship for each appellant. Page 1 of 4 11 JUL 2 9 2009 /1 (T) Cortlandville Zoning Board of Appeals 30 June 2009 PUBLIC HEARING # 1 Kenneth A. DeMunn. Applicant/ Reputed Owner - 1190 Gallagher Road - TM #106.00-03- 04.000 - Two Single -Family Dwellings on Single Parcel Chairman Plew recognized the applicant who stated that he was seeking a variance to make the second floor of his existing garage into a one -bedroom apartment for himself. He advised that he was 75 years of age, a cancer survivor, and had other medical conditions, and he wanted this second dwelling for him to live in; his caretaker, he stated will live in the house. Chairman Plew noted that the Building Permit specified a garage, not an apartment, so why is there an apartment before a variance was obtained? Mr. DeMunn responded that originally he was going to use it as a workshop. Code Officer Tom Williams was present and he stated that the original plan showed rooms, but not specifically an apartment. Mr. DeMunn added that it would be like a "mother-in-law" apartment: one bedroom, no kitchen, and would never be "rented out." Chairman Plew asked the applicant why he could not add another bedroom onto his two-bedroom home, and the applicant responded he wanted "privacy." Chairman Plew asked for comments from the public, which were received as follows: Tammv Timmerman - 1180 Gallagher Road - Read aloud her letter of 29 June 2009 (a copy of which has been placed on file) objecting to granting of the requested variance. Mr. DeMunn assured Ms. Timmerman that the garage setback is correct. Yes, he did have two additional building lots, but he never intends to put anything on them. In addition, he has permission from the Cortland County Health Department for the distribution box she commented about. With everyone having been heard who wished to be heard, Chairman Plew closed the Public Hearing at 7:02 p.m. DISCUSSION/ DECISION Chairman Plew and the Board reviewed the photos submitted by the applicant's neighbor, Ms. Timmerman. It was his opinion that if the variance was granted, the proposed bedroom/ bathroom apartment should revert to a garage upon his death. CEO Weber stated that conditions can be put on a variance, but he did not know if they would be enforceable and, in order to live there, it would have to meet the requirements for a dwelling. Member O'Rourke commented that a second floor apartment would not accommodate someone in failing health, and she saw no demonstration of a hardship. At the conclusion of a lengthy discussion, a motion was made by Member Joann O'Rourke to deny the variance for second dwelling on a single parcel due to lack of a proven hardship. 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 Resolution #12 of 2009., Page 2 of 4 r� JUL 2 9 2009 (T) Cortlandville Zoning Board of Appeals 30 June 2009 II PUBLIC HEARING #2 Christine Place. Avulicant/M. J. Ravavort. Inc.. Revuted Owner - 1069 Halstead Road - TM #96.05-01-37.000 - Two -Family Dwellina. SF & Yards Less than Allowed. Chairman Plew stated he had received an unsigned letter in opposition to the granting of the requested variance; since unsigned, he did not read it, but stated the writer's concerns— removal of trees along the side of the house and paving the back lawn for parking. He added that the trees are not being removed, but they will remove a trellis fence and re -landscape the area, and the lawn will not become a parking area. Chairman Plew then recognized Architect Christine Place, representing the owner who was seeking a variance for a two-family dwelling with smaller square footage than allowed, in addition to the lot setback requirements. She explained that the subject property, looking at records back to 1975, has always been a two-family residence, but is not listed as such. In addition, as stated in the narrative accompanying the application, "the plan is to remodel the existing sunroom off residence `A' to an office for Village Terrace Apartments." The rest of this unit would be for the manager to live in. The second unit would be utilized as a rental, most likely to a retired couple. CEO Weber stated that a variance was needed as the residence is too close to the property lines and the size of the lot is smaller than what's required for a two-family residence. With everyone having been heard who wished to be heard, Chairman Plew closed the Public Hearing at 7:16 p.m. DISCUSSION/DECISION With no further discussion, a motion was made by Member O'Rourke to grant the variance as requested. The motion was seconded by Member Bilodeau, with the vote recorded as follows: Ayes: Chairman Plew Nays: None Member Bilodeau Member O'Rourke Absent: Member Finn Member Whitney Motion passed. This becomes Resolution #13 of 2009. Auvroval of Minutes - 28 Auril & 26 Mav 2009 A motion was made by Member Kevin Whitney to approve the Minutes of the 28 April 2009 and 26 May 2009 Town of Cortlandville Zoning Board of Appeals meetings, 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 Resolution #14 of 2009. Page 3 of 4 J U L 2 9 2009 (T) Cortlandville Zoning Board of Appeals 30 June 2009 Adiournment At 7:19 p.m., on a motion by Member O'Rourke, seconded by Member Whitney, with everyone present voting in the affirmative, the meeting was adjourned. Jo . Fitch, Secretary Zo mg Board of Appeals Page 4 of 4 E-mailed 7/28/09. Original delivered. 0 J U L 2 9 2009 ATTENDANCE SHEET t*:`n BvM D a- [Z©N�I�N:G BD,. OF APPE MEETING OF 6\B®\0 1t� (Your attendance is recorded in the meeting Minutes.) FRIINTE _ Name: Regarding: Complete Address: hxkf— ./ IV)V)5T 14 MIJ, moi( 91 OCT 2 6 2009 TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS Public Hearings/ Meeting Minutes - Tuesday, 28 July 2009 - 6:45 PM Town Hall Board Room - 3577 Terrace Road - Cortland, NY Board Members (*absent) Others Present David Plew, Chairman Bruce Weber, Code Enforcement Officer John Finn Joan E. Fitch, Board Secretary Joann O'Rourke Thomas Bilodeau *Kevin Whitney Avvlicants & Public Present David McNeil, Applicant; Kelly Eaton, Applicant; John Brewer, Applicant; Walter Priest, Dan McNeil, Matt Eaton, Ena Bregman, Lisa Weaver, David Berger. The Public Hearings were,opened at 6:42 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 Coiilandville will be held Tuesday, July 28, 2009, at 6:45 p.m. at the Raymond G. Thorpe Municipal Building (Town Hall), 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 McNeil Development Company LLC for I property located at 4038 NYS Route 281, Tax Map No. 86.09-01-39.000, for a variance in the terms and conditions of Article I, Section 178-2, of such Zoning Law to allow for a medical clinic on a lot with an area less than allowed. 2. In the matter of the application of Kelly Eaton for property located at 3160 South Hill Road, Tax Map No. 108.00-03-18.000, for a variance in the terms and conditions of Article III, Section 178-13 A, of such Zoning Law to allow for a garage with a front yard less than allowed. The above applications are open to inspection at the office of Bruce A. Weber, Planning & Zoning Officer, Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, NY, or call (607) 756-7052 or 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: July 16, 2009 Page 1 of 4 David Plew, Chairperson Zoning Board of Appeals daa ` s Zoog _ a3 (T) Cortlandville Zoning Board of Appeals OCTo C T 28 July 2009 II PUBLIC HEARING It 1 David McNeil, dba McNeil Development Co.. LLC. Auulicant,/Reuuted Owner - 4038 NYS Route 281 (West Roadl - TM #86.09-01-39.000 - Smaller Parkine Suaces & Lot w/Area Less Than Allowed Chairman Plew recognized the applicant who stated that he was seeking a variance to have smaller parking spaces than allowed, and also for a lot with an area less than allowed. The 9' X 18' parking spaces as used on his City property work just fine, he stated (Cortlandville Code requires 10'X 20' spaces). The total area of the subject property is .942 acre, where a lot size of one acre is required. Chairman Plew asked if there was anyone from the public who wished to speak on the proposed variances; responses were received as follows: Ena Breeman - 2 Crestwood Court, - Bad thing to have more traffic on this very narrow street. Would like to see entrance from 281 instead of from Crestwood Court. Nothing against the facility, just the proposed entrance. Mr. McNeil responded that there had been a couple meetings regarding the traffic issues; two driveways have been provided on the site plan, both from Crestwood Court. Will have clear signage indicating entrance nearest Route 281. Staff could be instructed to enter farthest entrance. David Bereer - 7 Crestwood Court, - Would like only one entrance "in the front." Concerned with traffic only. L, With everyone having been heard who wished to be heard, Chairman Plew closed the Public Hearing at 6:52 p.m. DISCUSSION/DECISION Chairman Plew stated that since this is a request for an area variance, a hardship doesn't need to be demonstrated. Difference between .942 acre and one acre is minimal, but feels that the requirement for 10' by 20' parking spaces should be adhered to. Both Walmart and Lowes were not allowed to reduce their parking spaces. He also thought that there should be only one entrance. The applicant then stated he would like to see two driveways, but would not be opposed to a single drive or look for some other idea. The Board then discussed the entrance/exit possibilities; could be designed for one exit and one entrance. Chairman Plew added that the neighbors were concerned that a full parking lot at this facility would mean that patients would park along the street. Member Finn stated he was in favor of two entrances. Member O'Rourke concurred. Chairman Plew noted that only four parking spaces would be lost if the:applicant conformed to the parking space size required. At the conclusion of a lengthy discussion, a motion was made by Member John Finn to grant the variance for a lot area less than allowed, with parking spaces to be in compliance with the Code, with the westerly -most driveway clearly marked for exit and entrance, and the easterly -most driveway to be angled to suggest exiting Crestwood Court, conditioned upon approval of the Town Highway Superintendent. 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 Absent: Member Whitney Member Finn Motion passed. This becomes Resolution #15 of 2009. Page 2 of 4 0 C T 2 6 2009 (T) Cortlandville Zoning Board of Appeals 28 July 2009 PUBLIC HEARING #2 Kellv Eaton. Avvlicant/Reputed Owner - 3160 South Hill Road (McGraw) - TM #108.00- 03-18.000 - Garaae w/Front Yard Less Than Allowed Chairman Plew recognized the applicant who was seeking a variance to build a new garage ten feet to the rear of her house; the house is only 30 feet from the edge of the road right-of-way. The garage would be set back a distance of 42 feet from the edge of the ROW. The applicant reported that a variance had been granted quite some time ago to construct the house closer to the road than allowed, so the house is, as it sets, non -conforming. The Board discussed demonstration of a hardship vs. common sense. Chairman Plew asked if there was anyone from the public who wished to speak on this request; there was no one. 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 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 Absent: Member Whitney Member Finn Motion passed. This becomes Resolution # 16 of 2009. PUBLIC HEARING #3 John F. Brewer. Anolicant/Reuuted Owner - 4420 NYS Route 41 (McGraw) - TM #88.00- 01-58.000 - Porch Closer to Front than Allowed Chairman Plew recognized the applicant who was seeking a variance to construct a 14' by 20' porch on the front of his home to replace the existing 5' wide by 20' long porch. By widening the existing porch to 14 feet would bring the porch out 4 feet past the original, concrete steps. It would also provide a safer play area for their "resident" granddaughter. Chairman Plew remarked that although he saw no hardship, "common sense has to prevail." Chairman Plew asked if there was anyone from the public who wished to speak on this request; there was no one. With everyone having been heard who wished to be heard, Chairman Plew closed the Public Hearing at 7:13 p.m. Page 3 of 4 a (T) Cortlandville Zoning Board of Appeals OCT 2 6 2009 28 July 2009 DISCUSSION/ DECISION With no further discussion, a motion was made by Member Bilodeau to giant 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 O'Rourke Absent: Member Whitney Member Finn Motion passed. This becomes Resolution #17 of 2009. Adiournment At 7:15 p.m., on a motion by Member O'Rourke, seconded by Member Bilodeau, with everyone present voting in the affirmative, the meeting was adjourned. joaoA. Fitch, Secretary Zoning Board of Appeals Page 4 of 4 E-mailed 8/25/09. Original delivered. 9s 'JAN 2 7 2010 ATTENDANCE SHEET (T) ZONOIIS MEETING OF7�`0` CORTLAN LLE GBE� (Your attendance is recorded in the meeting Minutes.) PRINTE'> Name: 10812 (5 Lu t � 1 ----)AJ �—rD M.CdJF-1L vN-J MC N 1 k 1-_ Regarding: Complete Address: as -A V4p,fA)u G 6 V/ fl C&PAw Ny /�/O/ i'�1 c N h1C. f i U�r2�21�9 1 i� c�► /r,Cc.� 32,33 S, t(rI( ��.� 4r 31 tof , v -5. '// 4 kl l 0 WF *- ozdi A-- , �5 etz- 1 , 10 0`5 (fl 410 c Coe -Han -4 Ny/30y =. 63 OCT 2 7 2009 a � TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS Public Hearings/ Meeting Minutes - Tuesday, 25 August 2009 - 6:45 PM Town Hall Board Room — 3577 Terrace Road — Cortland, NY Board Members (*absent) Others Present David Plew, Chairman Bruce Weber, Code Enforcement Officer John Finn Joan E. Fitch, Board Secretary Joann O'Rourke Thomas Bilodeau Kevin Whitney Applicants & Public Present Randy Wheelock, Applicant; David Honan, Applicant; David Narby, Applicant; Jim & Bob Lucas, Applicants; Delores Bays, Applicant; Michael Hall, Douglas Park, Kraig vonHahmann The Public Hearings were opened at 6:15 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, August 25, 2009, at 6:15 p.m. at the Raymond G. Thorpe Municipal Building (Town Hall), 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 David Narby for property located at 335 Tompkins Street, Tax Map No. 96.09-02-46.000, for a variance in the terms and conditions of Article VIII A, Section 178-36.7A of such Zoning Law to allow for an accessory building with a front yard less than allowed. 2. In the matter of the application of Randy Wheelock for property located at 3597 Route 215, Tax Map No. 96.11-01-16.000, for a variance in the terms and conditions of Article V, Section 178-21 B2, of such Zoning Law to allow for an accessory building with a rear yard less than allowed. 3. In the matter of the application of David_ Honan for property located at 686 Cedar Crest Drive, Tax Map No. 95.11-02-03.000, for a variance in the terms and conditions of Article IV, Section 178-17 B2, of such Zoning Law to allow for an accessory building with a side yard less than allowed. 4. In the matter of the application of Delores Bays for property located at 1286 Gallagher Road, Tax Map No. 106.00-03-09.000, for a variance in the terms and conditions of Article III, Section 178-13A of such Zoning Law to allow for residential lot with an area less than allowed. 5. In the matter of the application of James & Robert Lucas for property located at Route 13 South, Tax Map No. 105.00-01-48.100, for a variance in the terms and conditions of Article VII, Section 178-28, of such Zoning Law to allow for the sales and service of farm equipment. 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: August 13, 2009 Page 1 of 6 David Plew, Chairperson Zoning ,Board of Appeals (T) Cortlandville Zoning Board of Appeals OCT 2 7 2009 25 August 2009 II PUBLIC HEARING # 1 II David Narbv. Applicant/Reputed Owner - 335 Tompkins Street - TM #96.09-02-46.000 - Accessory Buildine w/Front Yard Less Than Allowed Chairman Plew recognized the applicant who stated that he was seeking a variance to build a garage in line with the existing house. There is a steep upward cliff at the rear of the house, so there is no other place for the structure. Chairman Plew asked if there was anyone from the public who wished to speak on the proposed variances; there was no one. With everyone having been heard who wished to be heard, Chairman Plew closed the Public Hearing, at 6:17 p.m. DISCUSSION /DECISION 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 Finn Member Whitney Motion passed. This becomes Resolution #18 of 2009. PUBLIC HEARING #2 Randv Wheelock. Applicant/Reputed Owner - 3597 NYS Route 215 - TM #96.11-01- 16.000 - Accessory Buildine w/Rear Yard Setback Less Than Allowed Chairman Plew commented that when the ZBA receives any application, it assumes that nothing has been done before the Board makes its decision. However, Chairman Plew stated that he had visited two properties that are on this Agenda only to find out that the buildings needing a variance have already been constructed. - Chairman Plew then recognized the applicant who was seeking a variance to have �a new shed less than ten feet (15 inches) from the rear property line (the shed is already in place). Mr. Wheelock stated he was not aware of the 10 -foot requirement. After finding out about the 10 - ft. required setback, he said he measured and found out that to make the shed conforming would put it in the middle of his leach field or too close to the creek on his property, or it would block the back yard completely from access through the front of his property in order to service the septic tank. Chairman Plew asked if there was anyone from the public who wished to speak on this request; comments were received as follows: • Ladv Deleato (did not sign attendance sheet) - Said she was a neighbor. Asked requirement for setbacks. CEO Weber responded that it was 10 feet from the property ' line, and the foundation was considered a part of the building. Ms. Delgato felt that 15 inches from her property line would affect the value of their property. Page 2 of 6 g \(T) Cortlandville Zoning Board of Appeals T ZOOS 25 August 2009 Chairman Plew asked the applicant to explain what. his hardship was, and Mr. Wheelock answered that he had no other place to put the building. Mr. Wheelock also stated that he did not own the property to the rear of the shed, but he maintained it. Ms. Delgato stated they never asked him.to do so. • Doug .Parks (owner of adiacent field) - Applicant never talked "to me about it." Didn't know what applicant was building.' Member O'Rourke asked the applicant if he could move the existing playhouse to make room for the shed, -and Mr. Wheelock reported that it was permanently fastened there. There was also a spring flooding issue to consider. Member John Finn stated the Board's job was to make some common sense out of things that go against whatever the Code suggests, and not everybody agrees with their decision. With everyone having been heard who wished to be heard, Chairman Plew closed the Public Hearing at 6:32 p.m. DISCUSSION/DECISION Chairman Plew stated that if the Board adhered to the Code, the applicant would be in violation. He saw no problem with access to the rear yard by a backhoe or scavenger to .get to the septic tank. He also saw no hardship demonstrated. Member O'Rourke felt that the shed could be placed to meet the setback requirement. Member Kevin Whitney added that the slope of the lawn mentioned before was not much. Member Finn then made a motion to grant the variance, as requested. There was no second. A motion was then made by Member O'Rourke to deny the variance as there was no proven hardship. The motion was seconded by Member Bilodeau, with the vote recorded as follows: Ayes: Chairman Plew Nays: Member Bilodeau Member O'Rourke Member Finn, Member Whitney Motion passed. This becomes Resolution #19 of 2009. PUBLIC HEARING #3 David Honan, Applicant/Reputed Owner - 686 Cedar Crest Drive - TM #95.11-02-03.000 - Accessory Building Closer to Property Line Than Allowed Chairman Plew recognized the applicant who was seeking a variance to place a.shed.two feet from the fence on the north side of his property, as shown on the map accompanying *the application. Chairman Plew stated that, once again, the applicant had the shed in place before receiving a variance from the ZBA. The applicant apologized and stated he was not aware of the requirement. He had reviewed his deed restrictions, observed other accessory buildings in the neighborhood, and viewed the Town's website: In addition, Mr. Honan submitted a letter from his immediate neighbor (the Eckers at 692 Cedar Crest) who supported the placement of 1 the shed; a copy has been placed on file for the record. Page 3 of 6 MO (T) Cortlandville Zoning Board of Appeals 0 C T 2 7 2009 25 August 2009 Chairman Plew asked the applicant why he couldn't move the shed farther to the rear of his triangular-shaped parcel? Mr. Honan added that there would be an expense to move the structure, and it would not be as convenient that far from the residence, plus it conforms to the other sheds in the neighborhood. CEO Weber explained the reasons for setbacks: property line maintenance, separation of properties, etc. Chairman Plew asked if there was anyone from the public who wished to speak on this request; there was no one. With everyone having been heard who wished to be heard, Chairman Plew closed the Public Hearing at 6:47 p.m. DISCUSSION/DECISION Chairman Plew stated that there was room on the property, for the applicant to conform with the requirements, and also there was no proven hardship. With no further discussion, a motion was made by Member O'Rourke to deny the variance as there was no. 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 Member Finn Member Whitney Motion passed. This becomes Resolution #20 of 2009. PUBLIC HEARING #4 Delores Bays. Applicant/ Reputed Owner - 1286 Gallagher Road - TM #206.00-03-09.000 - Residential Lot Smaller Than Allowed" Chairman Plew recognized the applicant who was seeking a variance to allow a residential lot with an area less than allowed. Ms. Bays owns a 12.32± acre parcel containing two residences, each with its own well and septic system. She would like to subdivide approximately a 150 ft. by 280 ft. lot containing one of the residences from the main parcel. There would be no new construction. The minimum lot size is 350 feet by 300 feet. A letter dated 8/11/09 had been received from the County Health Department/John Helgren, PE, stating that even as divided as requested, there was still plenty of room to allow for 100% replacement of the septic system and well, and that the proposed subdivision was acceptable. Chairman Plew asked if there was anyone from the public who. wished to speak on this request; there was no one. With everyone having been heard who wished to be heard, Chairman Plew closed the Public Hearing at. 6:56 p.m. Page 4 of 6 (T). Cortlandville Zoning Board of Appeals 0 C T 2 7 2009 DISCUSSION/DECISION 25 August 2009 With no further discussion, a motion was made by Member 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 O'Rourke -Member Finn Member Whitney Motion passed. This becomes Resolution #21 of 2009. 11 PUBLIC HEARING #5 James & Robert Lucas. Avulicants/Reuuted Owners - NYS Route 13 (South Cortland) - TM #105.00-01-48.100 - B-2 Use in a B-1 Area Chairman Plew recognized the applicants who were seeking a variance to allow their business (Lucas Equipment) to build a new facility at this location where they plan to sell and service farm equipment/ machinery which is not a permitted use in a B-1 area. The applicants stated they had purchased the subject vacant farmland five or six years ago, planning to move their business there at some time in the future. The agricultural land has since been designated B-1 which prohibits this type of use; a B-2 area is required. CEO Weber explained that. the B-1 District is considered a transition district between residential and business. Mr. Lucas explained that they have a definite hardship as their present lease for the Polkville site is expiring in 2010 and will not be renewed by the owner. In response to the Board's questions, CEO Weber explained the various business district classifications. Chairman Plew asked if there was anyone from the public who wished to speak on this request; there was no one. With everyone having been heard who wished to be heard, Chairman Plew closed the Public Hearing at 6:54 p.m. DISCUSSION/ DECISION Chairman Plew stated that there was definitely a hardship with this case. With no further discussion, a motion was made by Member Whitney to grant the variance, as requested. The motion was seconded by Member O'Rourke,' with the vote recorded as follows: Ayes: Motion passed. Chairman Plew Member Bilodeau Member O'Rourke Member. Finn Member Whitney Nays: None . This becomes Resolution #22 of 2009. Page 5 of 6 36 OC T 2 7 2009 -31 (T) Cortlandville Zoning Board of Appeals 25 August 2009 Approval of Minutes - 30 June 2009 A motion was made by Member O'Rourke to approve the Minutes of the 30 June 2009 meeting of the Zoning Board of Appeals, 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 Finn Member Whitney Motion passed. This becomes Resolution #23 of 2009., Adiournment At 6:56 p.m., on a motion by Member Bilodeau, seconded by Member O'Rourke, with everyone present voting in the affirmative, the meeting was adjourned. Jo . Fitch, Secretary Zoning Board Of Appeals E-mailed 10/27/09. Original delivered. Page 6 of 6 v' 3� 0 C T 2 7 2009 ATTENDANCE SHEET (T) CORTLANDVILLE ZONING BD. OF APPEALS) MEETING OF.. Ff o� (Your attendance is recorded in the meeting Minutes.) PRINTEI!> Name: Regarding: Complete Address: 0,n.0a r- 'P— �--9-7 ick f� I`1Oa✓�1 1ar�✓1 Vcr,o, C.". -(O t ce-do, C.". --C �t- v �� y Y"t Av\5a /C 0.0 - V J /2 1- s?. 0 4a'17Z ,,O W w o Z1 W kf4:-�O (Aze,%t)M- 04 1 c'n C,/\ c .e- Ca c�l�.v�►�' (�.cQ. L I?c-S ()a b /a,17CG Ria.'s eo2.7"Ll9WD /b, V, r J I�UIQC a. �� ��a r c v'I 2 13®� Si'a.r j lind ow . Rf �L! qq U c h .� / l�t r /�� tO r l f3 C"S1 G4/le 1?;t Al ;N V, OCT 2 7 2009 _ 33 c l' Mark & Joyel Ecker 692 Cedar Chest Cortland, NY., 13045 Town of Cortlandville Zoning Board of Appeals Raymond 'G. Thorpe .Municipal Building 3577 Terrace Road _ Cortland, NY 13045 August 19, 2009 Dear Mr. Plew and .Board Members, This letter is -regarding David -Honan's variance application to allow for an .accessory building with a side yard less than allowed, at 686 'Cedar Crest.Dr. We regret not being able to attend the public hearing in person to.present our -opinions, so we.offer our opinion via written correspondence. =. -_We share a property line with Mr. Honan and are direct neighbors. The -.utility building in question -is in direct view from -a window in our house. It is an attractive building with decorative features appropriate f or our neighborhood. The .placement of the building seems acceptable. and appropriate. for the yard. -With this i,n mind, we have no objection to the current placement of his utility building and -.would support the variance'being granted. We appreciate notice being given and the opportunity to -express opinions on the matter at hand. Thank you. Respectfully,. Mark and .Joyel `Ecker JAN 2 7 2010 TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS �- Public Hearings/ Meeting Minutes - Tuesday, 29 September 2009 - 7 PM Town Hall Board Room - 3577 Terrace Road - Cortland, NY Board Members (*absent) Others Present David Plew, Chairman Bruce Weber, Code Enforcement Officer John Finn Joan E. Fitch, Board Secretary Joann O'Rourke Thomas Bilodeau Kevin Whitney Applicants & Public Present Bonnie Johnson, Applicant; Patricia Cross, Applicant; Al Stockholm, George Pipis, Doug Clark. The Public Hearings were opened at 7 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, September 29, 2009, at 7 p.m. at the Raymond G. Thorpe Municipal Building (Town Hall), 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 Bonnie Johnson for property located at 3667 Levydale Park, Tax Map No. 96.10-02-14.000, for a variance in the terms and conditions of Article V, Section 178-21.A1 of such Zoning Law to allow for a front yard less than allowed. 2. In the matter of the application of Patricia Cross for property located at 751 Bowling Green, Tax Map No. 95.11-01-35.000, for a variance in the terms and conditions of Article V, Section 178-21 B2, of such Zoning Law to allow for an accessory building with a front yard less than allowed. The above applications are open to inspection at the office of Bruce A. Weber, Planning & Zoning Officer, Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, NY, or call (607) 756-7052 or 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, 2009 Zoning Board of Appeals Chairman Plew stated at the outset that he will be asking each appellant to explain what their hardship is in relation to their requested variance. He also advised those present that the ZBA takes a very "dim view" of those who submit an application for a variance after the work has been completed. PUBLIC HEARING # 1 Bonnie J. Johnson. Applicant/Bessie J. Magee (dec.). Reputed Owner - 3667 Levvdale Park- TM #96.10-02-14.000 - Front Yard Less Than Allowed Chairman Plew recognized the applicant who, he explained, was seeking a variance to construct an 8 ft. by 24 ft. deck on the front of her house where there are only steps that are badly in need of repair. He then asked her to explain her hardship. She stated that the existing steps are difficult to navigate and she wants a deck to sit on. The setback, when Page 1 of 3 (T) Cortlandville Zoning Board of Appeals 29 September 2009 finished, will be no farther than the existing steps (27 feet), as the deck will be constructed with the steps off one end. A 35 -foot setback is required. Ms. Johnson stated that the neighbors have no objections. Chair Plew asked why she could not put the deck at the rear of her house, and she answered that she wants to add on to her home there to enlarge her present kitchen. Member John Finn stated that he had visited the subject site, had looked down the street toward the south and there are other residences that line up the same as the appellant's. He also commented that the existing steps appear hazardous. 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 7:06 p.m. DISCUSSION /DECISION 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 Finn Member Whitney Motion passed. This becomes Resolution #24 of 2009. PUBLIC HEARING #2 Patricia Cross. Avulicant/Reputed Owner - 751 Bowling Green - TM #95.11-01-35.000 - Accessory Building w/Front Yard Setback Less Than Allowed Chairman Plew then recognized the applicant who was seeking a variance to have a new gazebo, which is already there, placed 15 feet from the road right-of-way (35 feet is required), and as shown on the map accompanying the application. The house conforms to the required setbacks. The gazebo, which was delivered and placed there by the seller, can be moved, she added. When Chairman Plew _ asked Ms. Cross to explain her hardship, she stated that she purchased a gazebo that she wanted to put on her lawn, and she wants to be in compliance. Member Finn then asked her if she wanted the gazebo to remain where it is, and she stated she did. Chairman Plew asked if there was anyone from the public who wished to speak on this request; comments were received as follows: • George Pinis - 751 Bowling Green - The gazebo would look better where it is and would look more appealing. With everyone having been heard who wished to be heard, -Chairman Plew closed the Public Hearing at 7:15 p.m. Page 2 of 3 35' (T) Cortlandville Zoning Board of Appeals JAN 2 7 2010 DISCUSSION /DECISION 29 September 2009 Chairman Plew stated that the gazebo looked nice where it is, but there is no proven hardship. In response to the Board's question, CEO Weber stated that in order to conform to the required setback, the gazebo needed to be moved in line with the house, back about thirteen feet. Member O'Rourke commented that the appellant was willing to comply with the required setback. Chairman Plew stated that there was room on the property for the applicant to conform with the requirements, and also there was no proven hardship. Member Finn felt the gazebo enhanced the neighborhood. A motion was then made by Member O'Rourke to deny the variance as there was no proven hardship. The motion was seconded by Member Kevin Whitney, with the vote recorded as follows: Ayes: Member O'Rourke Nays: Member Bilodeau Member Finn Abstain: Chairman Plew Member Whitney Motion failed. This becomes Resolution #25-1 of 2009. After a brief discussion, a motion was then made by Member Whitney to grant the variance as requested. The motion was seconded by Member Finn, with the vote recorded as follows: Ayes: Chairman Plew Nays: Member O'Rourke Member Bilodeau Member Finn Member Whitney Motion passed. This becomes Resolution #25-2 of 2009. Chairman Plew reminded the Board members of the class scheduled for 22 October. Adjournment At 7:25 p.m., on a motion by Member Finn, seconded by Member Whitney, with everyone present voting in the affirmative,` the meeting was adjourned. JgZn E. Fitch, Secretary Zoning Board of Appeals Page 3 of 3 E-mailed 1/25/ 10. Original delivered. 3a JAN 2 7 2010 131 ATTENDANCE SHEET C) C TORTLANDVILLE P �i'#z MEETING OF -[ "ot /' 04 (Your attendance is recorded in the meeting Minutes.) "PRINTName: rr r7nr��P� )Gh4r 6r1 W S6 -s 9-� C c VVY Regarding: V(� Vn,(i a. VL c-. VG Vr; a A- �_) AfA U9-4I.lCG w y)f\ \ Ax/ Complete Address: j `192- (��1" G� Q� �5 I 'Ro Lv f "L' �%�s>� C/ (D) TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS Public Hearing/Meeting Minutes - Tuesday, 27 October 2009- 7 PM Town Hall Board Room - 3577 Terrace Road - Cortland, NY Board Members (*absent) Others Present David Plew, Chairman Bruce Weber, Code Enforcement Officer *John Finn Joan E. Fitch, Board Secretary Joann O'Rourke Thomas Bilodeau Kevin Whitney Applicants & Public Present Daniel Horn, Applicant; Attorney Russell Ruthig (did not sign Attendance Sheet); Cristy Horn, Juliene K. Ray. The Public Hearing was opened at 7 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, October 27, 2009, at 7 p.m. at the Raymond G. Thorpe Municipal Building, 3577 Terrace Road, in the Town of Cortlandville, New York to consider the following applications. pursuant to the 1986 Zoning Law: 1. In the matter of the application of Daniel 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 a lot with a width 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. David Plew, Chairperson Dated: October 16, 2009 Zoning'Board of Appeals PUBLIC HEARING Daniel Horn. Avvlicant/Steven & Juliene Ray. Revuted Owners - 920 Blue Creek Road - TM #85.00-08-16.000 - Lot Width Less Than Allowed Chairman Plew stated that the Board had two letters in front of them, one from the applicant and his wife, and one from the reputed owners. He then recognized the applicant who advised that he had a purchase offer on the rear wooded 9.745± acres of the 11.89± acre property,. contingent upon being able to build a second home on the parcel. The property consists of about two acres of open land and just under ten acres of woods. In order to access the proposed rear of the lot where they propose to build their home, Mr. Horn needs a variance to allow a 22 -foot wide strip of land along the road, as shown on the sketch map accompanying the application. Mrs. Ray explained that her husband has heart issues and had a pace maker implanted a few days ago; he is no longer able to maintain his 12± -acre property which was placed on the market. Attorney Russ Ruthig explained to the Board that there is an existing house on the lot Page 1 of 2 (T) Cortlandville Zoning Board of Appeals JAN 2 7 2010 27 October 2009 in the front, but no way to access the rear acreage. The applicant will be seeking approval to. subdivide the house from the rest of the acreage at the Planning Board meeting which follows. A common driveway, shared, will serve both properties. The Horns will own the existing house which is too small for their'family, but they will live there until the new home is constructed at the rear of the lot. Mr. Horn provided the Board with a copy of a letter from the Health Department stating that they had no problem with a second home on the property. 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 7:13 p.m. � DISCUSSION/ DECISION Chairman Plew advised the Board that "this is where we have to use common sense." With no further discussion, a motion was made by Member Tom Bilodeau to grant the variance, 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 Member Whitney Absent: Member Finn _ Motion passed. This becomes Resolution #26 of 2009. Approval of Minutes - 7/28/09 & 8/25/09 A motion was made by Member Whitney to approve the Minutes of the 28 July 2009 and 25 August 2009 meetings, as submitted. 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 Member Whitney Absent: Member Finn Motion passed. This becomes Resolution #27 of 2009. Adiournment At 7:15 p.m., on a motion by Member Bilodeau, seconded by Member O'Rourke, with everyone present voting in the affirmative, the meeting was adjourned. JOLX. Fitch, Secretary Zoning Board of Appeals Page 2 of 2 E-mailed 1/26/ 10. Original delivered. J I C, JAN 2 7 2010 _ ATTENDANCE SHEET ('jy, a , y TLANDVILLE ��ryry�N►I�N�G B'D. ®F�'_�I�PpEALnS MEETING OF Tom_ _ (Your attendance is recorded in the meeting Minutes.) <4,P,RI,NTE* Name: Regarding: Complete Address: .�1 S .I IP K 9--) n 91 u.e. CXP.ek Pd GY41W t . Z:ONBD. ®�tA�PEALSMeae�tn U��Pl Q q6 MAR 31 2010 TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS Public Hearing/Meeting Minutes - Tuesday, 1 December 2009 - 6:30 PM Town Hall Board Room - 3577 Terrace Road - Cortland, NY Board Members (*absent) Others Present David Plew, Chairman Bruce Weber, Code Enforcement Officer John Finn Karen Snyder, Acting Board Secretary Joann O'Rourke John Folmer, Town Attorney Thomas Bilodeau Kevin Whitney Applicants & Public Present Tammy Thomas, Applicant, and her son; Larry Biviano, Applicant; Ron Walsh, Attorney. (Note: No formal attendance sheet.) The Public Hearing was opened at 6:30 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, December 1, 2009, at 6:30 p.m. at the Raymond G. Thorpe Municipal Building, 3577 Terrace Road, in the Town of Cortlandville, New York to consider the following applications pursuant to the 1986 Zoning Law: 1. In the matter of the application of Larry & Teresa Biviano for property located at 1074 Halstead Road, Tax Map No. 96.09-01-37.000, for a variance in the terms and conditions ofArticle V, Section 178-21 B1 of such Zoning Law to allow for a front yard less than allowed. 2. In the matter of the application of Tammy Thomas for property located at 4271 West Road, Tax Map No. 76.18-01-23.000, for a variance in the terms and conditions of -Article IV, Section 178-16 of such Zoning Law to allow for retail sales in an R-1 District. 3. In the matter of the application of Clinton Signs Inc. (KFC) for property located at 3890 NYS Route 281, Tax Map No. 86.17-01-07.200, for a variance in the terms and conditions of Article XVRT, Section 178-112 of such Zoning Law to allow for a greater number of building -mounted signs with an area greater than allowed, and for building -mounted signs 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 Teirace 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 inrelation thereto may be filed with the Board or at such hearing. Dated: November 19, 2009 David Plew, Chairperson Zoning Board of Appeals Town Clerk Karen Snyder graciously recorded the Minutes of this meeting in the absence of Joan Fitch, Board Secretary, who was ill. Page 1 of 4 ql (T) Cortlandville Zoning Board of Appeals MAR 3 12010 1 December 2009 01 I� PUBLIC HEARING # 1 Larry & Teresa Biviano. Avvlicants/Revuted Owners - 1074 Halstead Road - TM #96.09- 01-37.000 - Front Yard Less Than Allowed Chairman Plew recognized Larry Biviano who explained to those present that he currently has a two -car garage on his property, but there are three cars in his household as his mother-in- law, Cora Petrucco, resides with him and his wife at least six months out of the year. He stated he would like to place a free-standing garage ori his property at the location shown on the sketch accompanying the application in order to shelter her car vehicle when she is living with them and also to store it when she has gone to Texas during the winter months. The best location for the proposed garage would be alongside the house next to his existing garage, but it was too close to the road. The 12' by 24' pre -constructed garage (photo included with application) would be placed on a concrete pad with a six-foot sidewalk between the house and the new garage. This would provide easy access to and from the garage for his elderly mother- in-law. The Board discussed alternatives, but none were practical. 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 6:35 p.m. DISCUSSION/DECISION , John Folmer, a resident of the street, commented that the subject property had a very nice appearance, and he thought the additional garage would look nice where it was to be placed. After a brief discussion, a motion was made by Member Joann O'Rourke to grant the ` variance, as requested. 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 #28 of 2009. PUBLIC HEARING #2 Tammv L. Thomas, Avvlicant/Reputed Owner - 4271 NYS Route 281 - TM #76.18-01- 23.000 = Retail Sales in R-1 District Chairman Plew recognized the applicant who was seeing a use variance to sell toys and doll house miniatures two days per week from this location as an expansion of an existing internet- based business. This would also be in addition to the use of her home for an accounting business. Retail sales, however, are not a permitted use in an R-1 District. Ms. Thomas stated that her tax office operated mostly from January to April; she sold the other items on the internet, year-round. She would like customers to be able to come to her place to pick out what they would like. It was noted by PZO Bruce Weber that the applicant had previously received a variance to place a second dwelling on this site; in addition, the Planning Board granted her the home Page 2 of 4 BAR � 1. 20.10 q3 (T) Cortlandville Zoning Board of Appeals 1 December. 2009 occupation (accounting office). The Cortland County Planning Department's review noted that the residence constructed by Ms. Thomas on this lot was actually a two-family residence. Although this is permitted in an R-1 District, the Town's ZBA did not grant a variance for same. Member O'Rourke was concerned about additional traffic at this location, e.g., Fed Ex or UPS trucks. Chairman Plew asked the applicant to explain the required hardship. Ms. Thomas stated she was wheelchair-bound, the NYSDOT forced her to move from her previous location due to the widening of NYS Route 281 at its intersection with McLean .Road, and she had a financial hardship. 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 Chairman Plew noted that County Planning had recommended denial of the requested variance: "The staff recommends denial of this application for a use variance as the property already consists of a two-family residential structure and a single-family residential structure with an internet-based business and home occupation, and the addition of the proposed retail sales business would further remove the property from the intent of the R-1 (Residential) District." Member O'Rourke sympathized with the applicant, but did not feel her case was strong enough to go against the County's recommendation. Chair Plew remarked that he had visited the site, but it took him six minutes to exit her driveway onto Route 281 because of all of the traffic. After all of the discussion, a motion was made by Member Joann O'Rourke to deny the variance for retail sales in an R-1 District due to a lack of proven hardship. 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 Member Whitney Motion passed. This becomes Resolution #29 of 2009. PUBLIC HEARING #3 Clinton Sians. Inc.. Applicant/Cleary Oil. Renuted Owner"- 3890 NYS Route 281 - TM #86.17-01-07.200 (New KFC) - Use & Bulk Variances for Sims Chairman Plew recognized Attorney Ron Walsh, representing the owner, Bill Cleary, who was seeing a bulk variance to allow a greater number of building -mounted signs with an area greater than allowed, and for building mounted signs to be illuminated, all as described in the County Planning Departments report which was stated in and reviewed by the Board. Page 3 of 4 MAR "g2o o (T)Cortlandville Zoning Board of Appeals 1 December 2009 Attorney Ron Walsh answered all of the Board's questions; he disagreed with the County's interpretation. With everyone having been heard who wished to be heard, Chairman Plew closed the Public Hearing at 7:15 p.m. DISCUSSION/DECISION In response to Member O'Rourke's question, Mr. Cleary informed the Board that the operating hours of the KFC facility would be from 11 a.m. thru 10 p.m. each day of the week, and the illuminated signs would be on a timer. Chairman Plew thought there were too many signs being requested. After an extensive discussion, a motion was made by Member Finn to approve the bulk and use variances to allow a greater number of building -mounted signs with an area greater than allowed, and for building -mounted signs to be illuminated, as requested. The motion was seconded by Member Whitney, with the vote recorded as follows: Ayes: Member Bilodeau Nays: None Member Finn Member O'Rourke Abstain: Chairman Plew Member Whitney Motion passed. This becomes Resolution #30 of 2009. ,Adjournment At 7:27 p.m., on a motion by Member O'Rourke, seconded by Member Bilodeau, with everyone present voting in the affirmative, the meeting was adjourned. Jo Fitch, Planning Board Secretary for Karen Snyder, Acting Secretary 0 Page 4 of 4 E-mailed to Town. & KW, JB, GW, CN, EA, JF & BW on 3/29/ 10; orig. delivered. �4 MAR a 12010 - TOWN 2010 TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS Public Hearing/Meeting Minutes - Tuesday, -29 December 2009 - 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 Randy Jackson for Jackson Welding, LLC, Applicant; Kevin & Morris Rosen, Attorney David Hartnett, Joan Plew. The Public Hearing was opened at 6:30 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, December 29, 2009, at 7 p.m. at 4316 Route 11, Tax Map -N6.-76.19-01-19.000, for a variance in the terms 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 Jackson Welding for property located at and conditions of Article-Wff, Section 17846 B of such Zoning Law to allow for a lot with 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. David Plew, Chairperson Dated:.. December 18, 2009 Zoning Board of Appeals PUBLIC HEARING Jackson Welding. LLC. Applicant/Reputed Owner - 4316-4320 US Route 11 - TM #76.19- 01-19.000 - Rear Yard Less Than Allowed Chairman Plew recognized Attorney David 'Hartnett, representing the applicant who was seeking a bulk variance Chair Wickwire recognized Attorney David Hartnett, representing the applicant/owner who was seeking to subdivide the subject property as shown on .the aerial map accompanying the application. If subdivided as requested, the property containing the building would be 33 feet from the new rear property line; 40 feet is required. Therefore, a variance would be required. Attorney Hartnett advised that the owner would like to take a residential lot from the rest of the acreage so it could be sold. Chairman Plew asked if there was anyone from the public who wished to speak on the (r proposed variance; there was no one. / With everyone having been heard who wished to be heard, Chairman Plew closed the Public Hearing at 7:05 p.m. Page 1 of 2 MAR 33 12010 ate (T) Cortlandville Zoning Board of Appeals 29 December 2009 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 Kevin Whitney, with the vote recorded as follows: Ayes: Chairman Plew Nays: None Member Bilodeau Member Finn Member Whitney Absent: Member O'Rourke Motion passed. _ l This becomes Resolution #31 of 2009.1 l Adiournment At 7:10 p.m., on a motion by Member Kevin Whitney, seconded by Member Bilodeau, with everyone present voting in the affirmative, the meeting was adjourned. Joan Fitch, Board Secretary Page 2 of 2 E-mailed to Town & KW, JB,,GW, CN, EA, JF & BW on 3/29/ 10; orig. delivered. q� _ ATTENDANCE SHEET �f (T C.ORTLANDVILLE ZONING BD. OF APPS" MEETING OF �CV�29 � (Your attendance is recorded in the meeting Minutes.) �P.R�I�NrTrE 'r Name: Regarding: Complete Address: 0.GSc:.� �w<�Sv. Wc,P�+� �i.a.�icli f/I,S.Z., ��`! hL<���� � F�ccr.�%ie ►� /3 u � � j e,— O— ^ —Sc,, 5 ,,JD 3 �s I