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Home My WebLink About2008TOWN OF CORTLANDVILLE INDEX - ZONING BOARD OF APPEALS 2007 RESOLTION DATE NUMBER PAGE 01/23/2007 1 DRUMM CONSTRUCTION CORP., APPLICANT O1 BALJINDER SINGH, RO RAPHAEL DR. (LOTS 3,4,5,6) VARIANCE 76.00-05-04.110 DENIED 2 GERROD DARLING, APPLICANT 02 GERALD TRACEY, RO 3223 WEST RIVER ROAD VARIANCE 108.00-01-12.000 - APPROVED 03/27/2007 3 JAMES J. KELLY, APPLICANT 05 NEIL DOUGHERTY & DAVID FLEET, ROs SOUTH HILL ROAD VARIANCE 108.00-01-18.000 APPROVED 4 MARSHALL BROS., INC., APPLICANT 05 MARSHALL FAMILY ASSOC., RO 3742 US ROUTE 11 VARIANCE 97.02-01-24.000 APPROVED 5 J.M. MURRAY CENTER, INC., APP/RO 06 4057 NYS ROUTE 281 VARIANCE 86.09-02-01.000 APPROVED 6 DANIEL & MEREDITH CARR, APP/ROs 07 671 NYS ROUTE 222 VARIANCE 85.00-01-47.000 POSTPONED 7 Approve Minutes of November 28, 2006 & December 19, 07 2006. 8 Cortlandville Zoning Board of Appeals authorizes 07 Town Clerk's Office to remove ZBA Minutes, and Public Hearing Notices/Agendas over one-year old from Town website. 4/24/2007 9 JEREME STILES, APPLICANT 11 CHERYL TARBELL, RO 1310 BELL DRIVE VARIANCE 76.15-01-05.110 GRANTED 10 DANA GUERNEY, APP/RO 11 4420 NYS ROUTE 41 VARIANCE 88.00-01-58.000 DENIED 1 TOWN OF CORTLANDVILLE INDEX - ZONING BOARD OF APPEALS 2007 RESOLTION DATE NUMBER 4/24/2007 11 12 05/29/2007 13 14 15 16 17 06/26/2007 - 18 19 20 DANIEL & MEREDITH CARR APP/RO's 671 NYS ROUTE 222 VARIANCE 85.00-01-47.000 DENIED Approve Minutes of January 23, 2007., BO DILLINGHAM, APP/RO 1000 NYS RTE. 13 VARIANCE 96.09-02-42.000 APPROVED KANDI & GERHARD TANUDJAJA, APP/RO's 3127 WEST RIVER ROAD VARIANCE 108.00-01-26.000 APPROVED CORTLAND ESTATES, APPLICANT KEN BURNHAM, RO ROUTE 13 VARIANCE 96.09-02-53.200 APPROVED GARY STAUBER, APP/RO 3537 KELLOGG ROAD VARIANCE 97.04-01-11.000 APPROVED DOUG LITTLE, APP/RO 2402 RIDGE ROAD VARIANCE 98.00-01-37.000 APPROVED LEO & MARY BUSH, APP/RO McGRAW-MARATHON RD VARIANCE 88.00-01-75.000 APPROVED DOUGLAS E. SMITH, SR. APPLICANT STEVEN W. BANKS, RO KINGSLEY AVE. LOT 11 VARIANCE 96.09-04-14.000 APPORVED DOUGLAS E. SMITH, JR., APPLICANT STEVEN W. BANKS, RO KINGSLEY AVE, LOT 2 VARIANCE 96.00-04-14.000 GRANTED PAGE 13 14 18 18 19 Q17 Am 25 25 26 TOWN OF CORTLANDVILLE INDEX - ZONING BOARD OF APPEALS 2007 RESOLTION DATE NUMBER 06/26/2007 21 22 23 07/31/2007 24 25 27 08/28/2007 28 ARTHUR PONTON, APPLICANT STEVEN W. BANKS, RO KINGSLEY AVE LOT 14 VARIANCE 96.00-04-14.000 APPORVED FARMINGTON LAWN CARE, INC. APPLICANT MELVIN & PHILIP SIMON, RO's NYS RTE. 13 VARIANCE 96.13-01-01.000 POSTPONED APD ENGINEERING, APPLICANT WAL-MART STORES EAST, RO NYS ROUTE 13 VARIANCE 105.00-01-22.211 GRANTED BMW CONSTRUCTION, APPLICANT JEFF ROOS, RO 767 NYS ROUTE 222 VARIANCE 85.19-01-41.000 APPROVED ROBERT F. & LOIS D. MCCOOL-MARTIN, APP/RO's 3835 HIGHLAND ROAD VARIANCE 85.19-01-20.000 APPROVED THE GRAPHICS WAREHOUSE, LLC, APPLICANT GRACE CHRISTIAN FELLOWSHIP, RO 1250 FISHER AVENUE VARIANCE 76.18-01-26.200 APPROVED FARMINGTON LAWN CARE, INC., APPLICANT MELVIN & PHILIP SIMON, RO's NYS ROUTE 13 VARIANCE 96.13-01-01.000 POSTPONED DAVID MARIN, APPLICANT FRANKLIN PARD, RO 3716 US ROUTE 11 VARIANCE 97.02-01-19.000 DENIED 3 PAGE 27 28 28 32 32 33 34 36 TOWN OF CORTLANDVILLE INDEX - ZONING BOARD OF APPEALS 2007 RESOLTION DATE NUMBER 08/28/2007 29 ox 31 32 33 34 09/25/2007 35 36 10/23/2007 37 ROGER WILCOX APP/RO 4454 MCCLOY ROAD VARIANCE 74.00-02-06.111 APPROVED PHILIP FALSO, APPLICANT SAAD M. SAAD, RO 1344 CARROLL STREET VARIANCE 76.19-01-32.000 APPROVED BONNIE HAALAND, APPLICANT ROBERT BURTNER, RO 3632 WORTHINGTON PLACE VARIANCE 95.11-02-25.000 APPROVED RICHARD & FRANCINE GYSEL, APPLICANTS JOHN & DEBORAH NADOLSKI, RO's 3855 HIGHLAND ROAD VARIANCE 85.19-01-15.000 APPROVED MIKE MCKINNERY APP/RO 3850 ROUTE 215 VARIANCE 96.00-12-03.000 APPROVED FARMINGTON LAWN CARE, INC., APLLICANT MELVIN & PHILIP SIMON, RO's NYS ROUTE 13 VARIANCE 96.13-01-01.000 POSTPONED BARGAIN OUTLET, APPLICANT NEW PLAN REALTY TRUST, RO 3662 NYS ROUTE 281 VARIANCE 96.09-01-02.200 APPROVED FARMINGTON LAWN CARE, INC., APPLICANT MELVIN & PHILIP SIMON, RO's NYS ROUTE 13 VARIANCE 96.13-01-01.000 DENIED CHRISTOPHER READ, APP. (dba MELDRIM'S) GEORGE HASKELL, RO 3975 NYS ROUTE 281 VARIANCE 86.13-01-32.000 APPROVED 4 PAGE 36 36 ml we Wol 37 38 41 TOWN OF CORTLANDVILLE INDEX - ZONING BOARD OF APPEALS 2007 RESOLTION DATE NUMBER PAGE 10/23/2007 38 HANG JIANG (dba CORTLAND BUFFET), APP 42 CENTRO NP, LLC, RO 957 MCLEAN ROAD VARIANCE 96.09-01-02.200 APPROVED 11/27/2007 39 JACK'S SIGN SHOP, APPLICANT 45 KOST TIRE, RO 1013 NYS ROUTE 13 VARIANCE 96.09-02-06.000 APPROVED 40 PETER FOLEY, APPLICANT SUNOCO, INC., RO 3817 US ROUTE 11 VARIANCE 87.04-01-14.000 DENIED 41 PETER FOLEY, APPLICANT SUNOCO, INC., RO 3947 NYS ROUTE 281 VARIANCE 86.13-01-46.000 DENIED 5 CR 45 INDEX of ACTIONS - 2007 MAR 2:9 2007 (T) CORTLANDVILLE ZONING BOARD OF APPEALS t MEETING RESOLUTION N DATE I NO. I DESCRIPTION 1/23/07 DRUMM CONSTRUCTION CORP., APPLICANT/BALJINDER SINGH, RD - Raphael Dr. 1 (Lots 3,4,5,6) - Variance DENIED to allow for a building height greater than allowed. GERROD DARLING, APPLICANT/GERALD TRACEY, RD - 3223 West River Road - TM 2 #108.00-01-12.000 - Revised plan (ref. #44 of 2006) ACCEPTED for variance granted 11/28/06. Joan E. Fitch, Board Secretary To: Karen/Kris & ZBA Members From: Joan On:1/24/07 Via Fax 756-4659 & e-mail. Page 1 of 1 JAN 16 2008 INDEX of ACTIONS - 2007 (T) CORTLANDVILLE ZONING BOARD OF APPEALS ! '„ I MEETING I RESOLUTION DATE I NO. I DESCRIPTION 3/27/07 3 JAMES J. KELLY, APPLICANT/NEIL DOUGHERTY & DAVID FLEET, ROs - South Hill Road (McGraw) - TM #108.00-01-18 - Variance GRANTED for storage building in an Agricultural District, with the building to comply with required setbacks. 4 MARSHALL BROS., INC., APPLICANT/MARSHALL FAMILY ASSOC., RD - 3742 US Route 11 (Pit Stop) - TM #97.02-01-24.000 - Variance GRANTED for building - mounted sign (Quizno's) to be illuminated. 5 J.M. MURRAY CENTER, INC., APPLICANT/RO - 4057 NYS Route 281 (West Rd.) - Variance GRANTED for illumination of building -mounted sign (Employment Connection) from 7 AM to 10 PM. 6 DANIEL & MEREDITH CARR, APPLICANTS/ROs - 671 NYS Route 222 - TM #85.00-01- 47.000 - Variance request for mobile home in an Agricultural District POSTPONED until 24 April 2007 to allow applicants/rep to be present to answer Board's questions. 7 APPROVED MINUTES OF 28 NOVEMBER .& 19 DECEMBER 2006, as submitted. 8 (T) Cortlandville Zoning Board of Appeals authorizes Town Clerk's Office to REMOVE ZBA Minutes, and Public Hearing Notices/Agendas over one-year old from Town website. , Joan E. Fitch, Board Secretary To: Karen/Kris &BA Members From: Joan On:3/28/07 Via Fax 756-4659 & e-mail. Page 1 of 1 FEB 2 12009 INDEX of ACTIONS - 2007 (T) CORTLANDVILLE ZONING BOARD OF APPEALS /r MEETING_ RESOLUTION DATE I NO. I DESCRIPTION 4/24/07 9 JEREME STILES, APPLICANT/CHERYL TARBELL, RD - 1310 Bell Drive - TM #76.15-01 05.110 - Variance GRANTED to allow for a front yard less than allowed. 10 DANA. GUERNSEY, APPLICANT/RO - 4420 NYS Route 41 (McGraw) - TM #88.00-01- 58.000 - Variance DENIED to allow for a restaurant in an Agricultural District, based on the lack of a proven hardship. 11 DANIEL & MEREDITH CARR, APPLICANTS/ROs - 671 NYS Route 222 - TM #85.00-01- 47.000 - Variance request for mobile home in an Agricultural District DENIED, based on the lack of a proven hardship. 12 APPROVED MINUTES OF 23 JANUARY 2007, as submitted. (/Joan E. Fitch, Board Secretary To: Karen/Kris & ZBA Members From: Joan On: 4/27/07 Via Fax 756-4659 & e-mail. Page 1 of 1 INDEX of ACTIONS - 2007 NOV 3 0 2007 (T) CORTLANDVILLE ZONING BOARD OF APPEALS (�? MEETING I RESOLUTION I IDAT NQ DESCRIPTION 5/29/07 13 BO DILLINGHAM, APPLICANT/RO - 1000 NYS Rte. 13 - TM #96.09-02-42.000 - Variance GRANTED to allow for a sign closer to property line than allowed, as requested. 14 KANDI & GERHARD TANUDJAJA, APPLICANTS/ROs - 3127 West River Road - TM #108.00-01-26.000 - Variance GRANTED to allow for a camper for a period greater than ten days, as requested. 15 CORTLAND ESTATES, APPLICANT/KEN BURNHAM, RO - 70 Penguin Dr., 17 Lorraine, & 12A Morgan - TM #96.09-02-53.200 - Variance request GRANTED for manufactured homes closer to property lines than allowed, as requested. 16 GARY STAUBER, APPLICANT/110 - 3537 Kellogg Road - TM #97.04-01-11.000 - Variance GRANTED to allow for a swimming pool with a rear yard less than allowed, as requested. 17 DOUG LITTLE, APPLICANT/RO - 2402 Ridge Road - TM #98.00-01-37.000 - Variance GRANTED to allow for a storage building in an Agricultural District, as requested. Joan E. Fitch, Board Secretary To: Karen/Kris & ZBA Members From: Joan On: 5/30/07 Via Fax 756-4659 & e-mail. Page 1 of 1 Page 1 of 1 AUG 2 3 2007 INDEX of ACTIONS - 2007 (T) CORTLANDVILLE ZONING BOARD OF APPEALS — MEETING I RESOLUTION I DAT ^gn_ DESCRIPTION '-727707 18 LEO & MARY BUSH, APPLICANTS/ROs - McGraw -Marathon Road - TM #88.00-01- 6o12,(o101 75.000 - Variance GRANTED for rear yard less than allowed in order to construct garage. 19 DOUGLAS E. SMITH, SR., APPLICANT/STEVEN W. BANKS, REPUTED OWNER - 15 Kingsley Ave., Lot 11 (C & H Trailer Park) - Variance GRANTED for a side yard and front yard less than allowed, as requested. 20 DOUGLAS E. SMITH, JR., APPLICANT/STEVEN W. BANKS, REPUTED OWNER - 15 Kingsley Ave., Lot 2 (C & H Trailer Park) - Variance GRANTED for existing and new deck which may have a roof and no side walls, but may be screened in. 21 ARTHUR PONTON, APPLICANT/STEVEN W. BANKS, REPUTED OWNER - 15 Kingsley Ave., Lot 14 (C & H Trailer Park) - Variance GRANTED to allow for a side yard and front yard less than allowed, as requested. 22 FARMINGTON LAWN CARE, INC., APPLICANT/MELVIN & PHILIP SIMON, ROs - NYS Rte. 13 - TM # 96.13-01-01.000 - Variance request for illumination of building -mounted sign POSTPONED at request of applicant. 23 APD ENGINEERING, APPLICANT/WAL-MART STORES EAST, RO - NYS Rte. 13 (Proposed Wal-Mart Site) - So. Cortland - TM #105.00-01-22.211- Variance GRANTED to allow for a (1) free-standing sign with an area greater than allowed, (2) a building -mounted sign to be illuminated, and (3) for a greater number of building - mounted signs than allowed, all as requested, Joan E. Fitch, Board Secretary To: Karen/Kris & ZBA Members From: Joan On: 6/27/07 Via Fax 756-4659 & e-mail. Page 1 of 1 FEB 2 9.2000 INDEX of ACTIONS - 2007 (T) CORTLANDVILLE ZONING BOARD OF APPEALS 4 MEETING I RESOLUTION I IF Nn_ DESCRIPTION 7/31/07 24 BMW CONSTRUCTION, APPLICANT/JEFF ROOS, REPUTED OWNER - 767 NYS Route 222 - TM #85.19-01-41.000 - Variance GRANTED for side yard less than allowed, as requested. 25 ROBERT F. & LOIS D. MCCOOL-MARTIN, APPLICANTS/REPUTED OWNERS - 3835 Highland Road - TM #85.19-01-20.000 - Variance GRANTED for proposed business use in an R1 District for a period of 18 months at which time applicants must discontinue the business OR return before the ZBA for another variance. 26 THE GRAPHICS WAREHOUSE, LLC, APPLICANT/GRACE CHRISTIAN FELLOWSHIP, REPUTED OWNER - 1250 Fisher Avenue - TM #76.18-01-26.200 - Variance GRANTED to allow for a building -mounted sign with an area greater than allowed. 27 FARMINGTON LAWN CARE, INC., APPLICANT/MELVIN & PHILIP SIMON, ROs - NYS Rte. 13 - TM # 96.13-01-01.000 - Variance request for illumination of building -mounted sign POSTPONED until 28 August 2007 to allow representative to be present. (_;_�Joan E. Fitch, Board Secretary To: Karen/Kris & ZBA Members From: Joan On: 8/1/07 Via Fax 756-4659 & e• mail. Page 1 of 1 INDEX OF ACTIONS - 2007 (T)CORTLANDVILLE ZONING BOARD OF APPEALS MEETING I RESOLUTION DATE NO. l DESCRIPTION 8/28107 28 DAVID MARIN, APPLICANT/FRANKLIN PARD, REPUTED OWNER - 3716 US Route 11 - TM #97.02-01-19.000 - Variance DENIED for storage building closer to property line than allowed. 29 ROGER WILCOX, APPLICANT/REPUTED OWNER - 4454 McCloy Road - TM #74.00-02-06.111 - Variance GRANTED to allow for a storage building in an Agricultural District with condition that all storage be inside. 30 PHILIP FALSO, APPLICANT/SAAD M. SAAD, REPUTED OWNER - 1344 CARROLL STREET - TM #76.19-01-32.000 - Variance GRANTED to allow for a roof -mounted sign. 31 BONNIE HAALAND, APPLICANT/ROBERT BURTNER, REPUTED OWNER - 3632 Worthington Place - TM #95.11-02-25.000 - Variance GRANTED to allow for a rear yard less than allowed. 32 RICHARD & FRANCINE GYSEL, APPLICANTS/DEBORAH NADOLSKI, REPUTED OWNER - 3855 Highland Road - TM #85.19-01-15.000 - Variance GRANTED to allow for an existing garage to be converted into a dwelling unit, with the condition that this" variance will expire when the dwelling is no longer needed by either Richard's or Francine's parents. 33 MIKE McKINNEY, APPLICANT/REPUTED OWNER - 3580 NYS Route 215 - TM #96.00-12-03.000 - Variance GRANTED to allow for a front yard less than allowed. 34 FARMINGTON LAWN CARE, INC., APPLICANT/MELVIN & PHILIP SIMON, ROs - NYS Rte. 13 - TM # 96.13-01-01.000 - Variance request for illumination of building - mounted sign POSTPONED. (Signed) Joan E. Fitch Joan E. Fitch, Board Secretary Emailed to KS/KR, JF, PW, TB, JO, & BW on 9/5/07. Original sent by CEO's Office on 8/30/07. FEB 2 9 2008 INDEX of ACTIONS - 2007 (T) CORTLANDVILLE ZONING BOARD OF APPEALS MEETING I RESOLUTION I DAT NQ. DESCRIPTION 9/25/07 35 BARGAIN OUTLET, APPLICANT/SCHYLER COMPANIES, REPUTED OWNER - 3662 NYS Route 11 (Cortlandville Plaza) - TM 496.09-01-02.200 - Variance GRANTED for illumination of building -mounted signs, as requested, with signs to be illuminated from 7 AM to 10 PM daily. 36 FARMINGTON LAWN CARE, INC., APPLICANT/MELVIN & PHILIP SIMON, ROs - NYS Rte. 13 - TM # 96.13-01-01.000 - Variance request for illumination of building -mounted sign DENIED. 0 Joan E. Fitch, Board Secretary To: Karen/Kris & ZBA Members From: Joan On: 9/26/07 Via Fax 756-4659 & e-mail. Page 1 of 1 FEB 2 9 2008 INDEX of ACTIONS - 2007 (T) CORTLANDVILLE ZONING BOARD OF APPEALS MEETING I RESOLUTION I DAT NQ. DESCRIPTION 10/23/07 37 CHRISTOPHER READ, APPLICANT(MELDRIM'S)/GEORGE HASKELL, REPUTED OWNER - 3975 West Road (NYS Route 281) - TM #86.13-01-32.000 - Variance GRANTED for a greater number of building -mounted signs w/illumination from 7 AM until 10 PM maximum. 38 HANG JIANG (CORTLAND BUFFET), APPLICANT/CENTRO NP, LLC, REPUTED OWNER - 957 McLean Road (Cortlandville Plaza) - TM #96.09-01-02.200 - Variance GRANTED to allow building -mounted sign to be illuminated from 11 AM until 11 PM. Joan E. Fitch, Board Secretary To: Karen/Kris & ZBA Members From: Joan On:10/24/07 Via Fax 756-4659 & e-mail. Page 1 of 1 MAR 0 4 2008 INDEX of ACTIONS - 2007 (T) CORTLANDVILLE ZONING BOARD OF APPEALS MEETING RESOLUTION DAT NQ, I DESCRIPTION 11/27/07 39 JACK'S SIGN SHOP, APPLICANT/KOST TIRE, REPUTED OWNER - 1013 NYS Route 13 - TM #96.09-02-06.000 - Variance GRANTED for sign closer to property line than allowed. 40 PETER FOLEY, APPLICANT/SUNOCO, INC., REPUTED OWNER - 3817 US Route 11 - TM #87.04-01-14.000 - Variance DENIED to allow a greater number of building - mounted signs than allowed. 41 PETER FOLEY, APPLICANT/SUNOCO, INC., REPUTED OWNER - 3947 NYS Route 281 - TM #86.13-01-46.000 - Variance DENIED to allow a greater number of building - mounted signs than allowed. Joan E. Fitch, Board Secretary To: Karen/Kris & ZBA Members From: Joan On: 11/28/07 Via Fax 756-4659 & e-mail. Page 1 of 1 ®1 TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS Public Hearing/Meeting Minutes - Tuesday, 23 January 2007 - 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 Patricia Wright Applicants & Public Present Mark Drumm for Drumm Construction, Applicant; Gerrod Darling, Grace Meddaugh, Ted Strauf, Baljinder Singh, William & Pamela Raney, Elizabeth C.(?? - illegible) of 1199 DaVinci Drive; Nick Renzi. 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, January 23, 2007, 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 application pursuant to the 1986 Zoning Law: 1. In the matter of the application of Drumm Construction (Baljinder Singh) for property located on Raphael Drive, Tax Map No. 76.00-05-04.110, for a t variance in the terms and conditions of Article IV, Section 178-17 Al, of such Zoning Law to allow for a building height greater than allowed. 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: January 10, 2007 Zoning Board of Appeals PUBLIC HEARING Drumm Construction Corp., Applicant/Baljinder Singh, RO - Raphael Dr. (Lots 3, 4, 5, 61 - Building Height Greater than Allowed Chairman David Plew recognized Mark Drumm, owner's representative, who explained that he was the general contractor for the construction of a new home for Mr. Singh. Architect's drawings depicting the various elevations of the home accompanied the application. Mr. Drumm explained that the maximum height of the home was 40 feet, and the home, due to the configuration/topo of the site, and utilizing a walk -out basement, would actually be at an average height of 43 feet. Chairman Plew asked Mr. Drumm if he had talked with the Town CEO to determine the height restrictions. He said he had, but there was some miscommunication and he thought the home was in compliance—until the plans were submitted to the Town. Chairman Plew then asked the applicant what the hardship would be if the height was allowed to be only 40 feet. Couldn't the owner go back to the architect and have the plans conform to Page 1 of 3 (T) Cortlandville Zoning Board of Appeals MAR 2 " 26p 23 January 2007 height restriction, 36 ft. 6 in. to the highest point of the house. The lot slopes up and the owners want a walkout basement at the rear of the home. As a result, the mean natural grade of the home makes it exceed the required height. If not doing the excavation required for the walkout basement, there would be no problem. It was noted that a letter in support of granting the variance was received from a neighbor, Edmund J. Hoffman Jr. Mr. Hoffman stated that other neighbors he had spoken with were likewise in support of the application. Member John Finn stated that the Code had just been revised to allow a maximum height of 40 feet (it was previously 35 feet). The owner addressed the Board and asked for their support. With everyone having been heard who wished to be heard, Chairman Plew closed the public hearing at 7:15 p.m. DISCUSSION/DECISION Chairman Plew stated that although there was a letter in support of the variance, the home was in violation of the Code. Member Joann O'Rourke felt that a hardship had not been proven and the height could be adjusted to conform. A motion was then made by Member O'Rourke to deny the variance to allow a building height greater than allowed. The motion was seconded by Member John Finn, with the vote recorded as follows: Ayes: Chairman Plew Nays: None Member Finn Member O'Rourke Absent: Member Bilodeau Member Wright Motion passed. This becomes Resolution #1 of 2007. Other Matter (From Nov. 2006 ZBA Meeting) Gerrod Darling, Auulicant/Gerald Tracev. RO - 3223 West River Rd. - TM #108.00-01- 12.000 - Prouosed Accessory Building Too Close to Front Prouertv Line CEO Weber advised the Board that at their November meeting (Res. #44 of 2006), this applicant was granted a variance to construct a 40 ft. by 40 ft. garage on the east side of his property, as shown on the sketch accompanying the application. Since that time, the applicant has had to utilize a different configuration than what was approved because of the location of his septic system/ laterals. He now wishes to place the garage back farther on his property than originally planned, but it will be the same distance to the road. A revised plan was shown. After a brief discussion, a motion was made by Member O'Rourke to approve the revised location of the garage, as requested. The motion was seconded by Member Finn, with the vote recorded as follows: Ayes: Chairman Plew Nays: None Member Finn Member O'Rourke Absent: Member Bilodeau Member Wright Motion passed. This becomes Resolution #2 of 2007. Page 2 of 3 M MAR ` (T) Cortlandville Zoning Board of Appeals 23 January 2007 Adiournment At 7:07 p.m., a motion was made by Member Finn to adjourn the meeting. The motion was seconded by Member Tom Bilodeau, with all Board members present voting in the affirmative. 1 E. Fitch, Secretary Zoning Board of Appeals Page 3 of 3 E-mailed 3/26/07. Original delivered. MAR ATTENDANCE SHEET (T) CORTLANDVILLE ZONING BD. OF APPEALS MEETING OF F ' (Your attendance is recorded in the meeting Minutes.)PRION. TE�D� Name: Representing/ Regarding: ° Complete Address: kle /�� e'!t �f�� r. �Tv� r� %�.•� S'fY�t�� v�o x %/J 7 ' % L� t��itic�l�"/�i �e� �T� r-4 S e �-� L/%,hen rP '�Ale �_ r Af AlIck / t A) v TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS' Public Hearings/ Meeting Minutes - Tuesday, 27 March 2007 - 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, Acting Chairman Joan E. Fitch, Board Secretary *Joann O'Rourke Thomas Bilodeau Patricia Wright Avolicants & Public Present James Kelly, Applicant; T. James Marshall of Marshall Bros., Applicant; Tedd Couchmen & Dick Benchley for J. M. Murray Center, Applicant; Grace Meddaugh, Rita & Kenneth Coleman, Vincent & Ariana Faraoni; Deanna & John Gallagher, Jackie & Ed Walker. The Public Hearing was opened at 6:45 p.m. by Acting Chair John Finn, 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 27, 2006, 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 application pursuant to the 1986 Zoning Law: 1. In the matter of the application of Daniel & Meredith Carr for property located at 671 Route 222, Tax Map No. 85.00-01-47.000, for a variance in the terms and conditions of Article 178, Section 12, of such Zoning Law to allow for a mobile home in an Agricultural District. 2. In the matter of the application of James Kelly for property located on South Hill Road, Tax Map No. 108.00-01-18.000, for a variance in the terms and conditions of Article 178, Section 12, of such Zoning Law to allow for a storage building in an Agricultural District. 3. In the matter of the application of Marshall Bros. for property located at 3742 Route 11, Tax Map No. 97.02-01-24.000, for a variance in the terms and conditions of Article 178, Section 112, Table 1, of such Zoning Law to allow for a building -mounted sign to be illuminated. 4. In the matter of the application of The J. M. Murray Center for property located at 4057 Route 281;, Tax Map No. 86.09-02-01.000, for a variance in the terms and conditions of Article 178, Section 112, Table 1, of such Zoning Law to allow for a building -mounted sign to be illuminated. The above applications are open to inspection at the office of Bruce A. Weber, 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 16, 2007 Page 1 of 5 David Plew, Chairperson Zoning Board of Appeals � 'A o� IT) Cortlandville Zoning Board of Appeals JAN 16 2000 27 March 2007 II PUBLIC HEARING #I It was noted by Acting Chair Finn that applicants Daniel & Meredith Carr were not present at this time, so he continued with the application of James Kelly. James J. Kellv, Applicant/Neil Dougherty & David Fleet, ROs - South Hill Rd. (McGraw) - TM #108.00-01-18.000 - Storage Buildin¢ in an Aa District Acting Chair Finn recognized the applicant who stated he had purchased the subject property and he does "hobby farming." Mr. Kelly stated that he wants to build a storage barn on the 300± acre vacant lot to store tractors, equipment, ATVs, etc. He stated he was not ready to build a house yet. CEO Weber reminded the applicant that he would need a Building Permit, and he needed to be 60 feet from the road right-of-way line. A variance was needed in order to have a storage barn on the property without a residence. All setback requirements would be met. Acting Chair Finn asked if there was anyone present who wished to speak on the subject application; there was no one. With everyone being heard who wished to be heard, Acting Chair Finn closed the Public Hearing at 6:55 p.m. DECISION The Board felt there would be no problem with the request since it was on a very large parcel in an Ag District. Member Tom Bilodeau reminded everyone that the ZBA had granted a variance under similar circumstances previously, in the same vicinity. Acting Chair Finn felt that there would be minimal impact on the area. A motion was then made by Member Bilodeau to grant the variance for a storage building in an Agricultural District, with the building to comply with required setbacks. The motion was seconded by Member Patricia Wright, with the vote recorded as follows: Ayes: Acting Chair Finn Nays: None Member Bilodeau Member Wright Absent: Chair Plew Member O'Rourke Motion passed. This becomes Resolution #3 of 2007. PUBLIC HEARING #2 Marshall Bros.. Inc.. Applicant/ Marshall Familv Assoc.. Reputed Owner - 3742 US Route 11 (Pit Stop) - TM #97.02-01-24.000 - Illumination of Building -Mounted Sign Acting Chair Finn recognized James Marshall who explained that a Quiznos Sub Shop was now occupying the Pit Stop facility at this site, and he was requesting the illumination of a building - mounted sign, as shown on the materials accompanying the application. CEO Weber explained that the variance is only for the illumination of the subject sign. Acting Chair Finn asked if there was anyone present who wished to speak on the subject application; there was no one. Page 2 of 5 JAN 16 2648 (T) Cortlandville Zoning Board of Appeals 27 March 2007 With everyone being heard who wished to be heard, Acting Chair Finn closed the Public Hearing at 6:57 p.m. DECISION With no further discussion, a motion was made by Member Wright to grant the variance as requested. The motion was seconded by Member Bilodeau, with the vote recorded as follows: Ayes: Acting Chair Finn Nays: None Member Bilodeau Member Wright Absent: Chair Plew Member O'Rourke Motion passed. This becomes Resolution #4 of 2007. PUBLIC HEARING #3 J. M. Murray Center, Inc.. Applicant/Reputed Owner - 4057 NYS Route 281 (West Road) - TM #86.09-02-01.000 - Illumination of Building -Mounted Sign Acting Chair Finn recognized Dick Benchley and Tedd Couchman, representing the applicant who was seeking a variance to allow illumination of an "Employment Connection" building - mounted sign, as shown on the detail sheets accompanying the application. The sign conforms to size requirements. When asked the hours the facility would be open, the gentlemen replied daytime hours, except for an occasion when there might be a special event; sometimes employees will work until 6 p.m. The applicant's reps had no objection to having the illumination of the sign on a timer. Acting Chair Finn asked if there was anyone present who wished to speak on the subject application; there was no one. With everyone being heard who wished to be heard, Acting Chair Finn closed the Public Hearing at 7 p.m. DECISION With no further discussion, a motion was made by Member Bilodeau to grant the variance for the illumination of the sign from 7 a.m. to 10 p.m. The motion was seconded by Member Bilodeau, with the vote recorded as follows: Ayes: Acting Chair Finn Nays: None Member Bilodeau Member Wright Absent: Chair Plew Member O'Rourke Motion passed. This becomes Resolution #5 of 2007. Page 3 of 5 R 07 (T) Cortlandville Zoning Board of Appeals JAN 16 2008 27 March 2007 - Daniel & Meredith Carr. Auulicants/Reputed Owners - 671 NYS Route 222 - TM #85.00- 01-47.000 - Mobile Home in an Aa District With no applicants or representatives present regarding this appeal, a motion was made by Member Wright to postpone the Public Hearing to 24 April 2007 to allow the applicants or their representative to be present to answer the Board's questions. The motion was seconded by Member Bilodeau, with the vote recorded as follows: Ayes: Acting Chair Finn Nays: None Member Bilodeau Member Wright Absent: Chair Plew Member O'Rourke Motion passed. This becomes Resolution #6 of 2007. It is noted for the record that there were several neighbors present regarding this variance request; they were advised to return to the postponed Public Hearing on 24 April 2007. Approval of Minutes - 28 November & 19 December 2006 A motion was made by Member Wright to approve the Minutes of the 28 November and 19 December 2006 ZBA meetings, as submitted. The motion was seconded by Member Bilodeau, with the vote recorded as follows: Ayes: Acting Chair Finn Nays: None Member Bilodeau Member Wright Absent: Chair Plew Member O'Rourke Motion passed. This becomes Resolution #7 of 2007. Other Business Board Secretary Fitch advised the Board that the Town Clerk had contacted her regarding removing ZBA Minutes, Public Hearing Notices, and Agendas which were over one-year old from the Town's website. Town Clerk Karen Snyder would like permission from the Zoning Board of Appeals to do so. A motion was then made by Member Wright to authorize the Town Clerk's Office to remove ZBA Minutes, Public Hearing Notices, and Agendas over one-year old from the Town's website. The motion was seconded by Member Bilodeau, with the vote recorded as follows: Ayes: Acting Chair Finn Nays: None Member Bilodeau Member Wright Absent: Chair Plew Member O'Rourke Motion passed. This becomes Resolution #8 of 2007. Page 4 of 5 (T) Cortlandville Zoning Board of Appeals JAN 16 2000 27 March 2007 09 Adiournment At 7:10 p.m., a motion was made by Member Wright to adjourn the meeting. The motion was seconded by Member Bilodeau, with all Board members present voting in the affirmative. Joar V— Fitch, Secretary Zoning Board of Appeals Page 5 of 5 E-mailed 1/15/ 08. Original delivered. JAN 16 2008, ATTENDANct SHEET (T) CORTLANDVILLE ZONING BD. OF APPEALS MEETING orI!�";721P -7 (Your attendance is recorded in the meeting Minutes.) -<,* R0,N#1v8-1D> Name: Representing/ Regarding: Complete Address: �� c'� Aj •\j 0��/� -DU-IX I?c AJ4f14(,F-`1 J M, M(//ZC4 ��1, t Cl r I -Z( .zZF_ nrA CU CIV u TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS Public Hearings/ Meeting Minutes - Tuesday, 24 April 2007 - 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, Acting Chairman Joan E. Fitch, Board Secretary Joann O'Rourke Thomas Bilodeau Patricia Wright Annlicants & Public Present Jereme Stiles, Applicant; Dana Guernsey, Applicant; Grace Meddaugh, Brian Francis, Randy Baker, Vince Faraoni, Dan Carr, David Carr, Cynthia Baker, John Daniels, Ken Coleman, Lisa 7 Mark Lickona, Dorothy & Howard Preston, Carole Preston, Marty Estruch, John Gallagher. The Public Hearing was opened at 6:45 p.m. by Chair 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 24, 2007, 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 application pursuant to the 1986 Zoning Law: 1. In the matter of the application of Jereme Stiles (property owner Cheryl Tarbell) for property located at 1310 Bell Drive, Tax Map No. 76.15-01- 05.110, for a variance in the terms and conditions of Article IV, Section 178- 17.1 Bulk Regulations, of such Zoning Law to allow for a front yard less than allowed. 2. In the matter of the application of Dana Guernsey for property located at 4420 NYS Route 41, Tax Map No. 88.00-01-58.000, for a variance in the terms and conditions of Article III; Section 178-I1, of such Zoning Law to allow for a restaurant in an Agricultural District. 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: April 12, 2007 Page 1 of 5 David Plew, Chairperson Zoning Board of Appeals Gl� jl (T) Cortlandville Zoning Board of Appeals F E B 2 12008 24 April 2007 PUBLIC HEARING # 1 Jereme Stiles. Applicant/Chervl Tarbell. Reputed Owner - 1310 Tarbell Drive - TM. #76.15-01-05.110 - Front Yard Less Than Allowed Chair Plew addressed the applicant, who was the contractor, and asked him why this variance was needed. Mr. Stiles responded that the owner's house was small and she would like a larger living room, and the best possibility was to expand at the front of the home, because the bedrooms are on the back of the home. The requested expansion was 6 feet more than what presently exists. Chair Plew stated he had visited the site and the existing homes on the street were all the same distance from the road; the proposed addition would bring this home closer to the road. Mr. Stiles agreed and then produced a letter from the Bell Drive neighbors stating that they approved of the owner's request for a variance. A copy of this has been placed on file for the record. The proposed addition will be 10 ft. by 21 ft. Chairman Plew asked Mr. Stiles what was the hardship if the variance was not granted. Mr. Stiles responded that the living space was too small. Chairman Plew asked if there was anyone present who wished to speak on the subject application; there was no one. With everyone being heard who wished to be heard, Acting Chair Finn closed the Public Hearing at 6:50 p.m. DECISION Chairman Plew stated he did not like the requested variance because it was non -conforming; so they have a small living room. Member Joann O'Rourke ascertained the present living room is 8' by 15', which she felt was quite narrow. Member John Finn did not feel that the proposed addition on the front would "stick out like a sore thumb" because of the layout of the dead-end street. A motion was then made by Member O'Rourke to grant the variance, as requested. The motion was seconded by Member Patricia Wright, with the vote recorded as follows: Ayes: Member Finn Nays: Chair Plew Member Bilodeau Member Wright Member O'Rourke Motion passed. This becomes Resolution #9 of 2007. PUBLIC HEARING #2 Dana Guernsev. Avulicant/Reputed Owner - 4420 NYS Route 41 (McGraw) - TM #85.00- 01-58.000 - Restaurant in an Az District Chairman Plew stated the reason for the variance was because the applicant wanted to put a restaurant in this vacant building which is in an Agricultural District. The building was a former American Legion facility. The ZBA acknowledged receipt of the Cortland County Planning Department's 13 April 2007 memo to the County Planning Board, wherein they recommended approval of the use variance conditioned upon seven items. Page 2 of 5 (T) Cortlandville Zoning Board of Appeals 24 April 2007 Member Finn asked the applicant if he had been in the restaurant business before, and he responded he had. Chairman Plew asked if there was anyone present who wished to speak on the subject application; there was, as follows: Randv Baker - 4419 NYS Route 41 - Wanted to know if there would be a liquor license. The applicant responded "beer and wine only." Concerned with traffic. Not a good location for a restaurant. Ladv Burden (?) - Not on attendance sheet - Want to keep ag use; proposed use does not seem desirable as farmer spreads manure across from the property. Also concerned with traffic. There are children in the area. Doesn't want it to become a bar. Dorothv Preston - 4425 NYS Route 41 - Concerned with traffic. Can hardly get out of their driveway now. Lisa Lickona - 4446 NYS Route 41 - Concerned about traffic. Back of subject lot has a stream that empties into their pond. Concerned about runoff from parking lot. Questioned landscaping. Mark Lickona - 4446 NYS Route 41 - What is the hardship? Advises ZBA what "hardship" means. . Chair Plew read aloud County Planning Department recommendations. Chairman Plew then asked the applicant "what is your hardship?" Mr. Guernsey responded that he had purchased the property on the assumption it was zoned Business; it had been there since 1968. Everything in the building is "commercial." Member Finn asked the hours of operation, and the applicant responded evening hours, and possibly Saturday and Sunday; probably 4 to 10 p.m., Thursday thru Saturday. Member O'Rourke recalled granting a use variance to an adjacent building for use as a body shop. Chairman Plew asked Mr. Guernsey what he would do with the property if the variance was not granted. Mr. Guernsey stated that no matter what he wanted to do, he understood he would have to obtain a variance. CEO Weber stated that a variance would not be needed for single- family residential use. With everyone being heard who wished to be heard, Acting Chair Finn closed the Public Hearing at 7:17 p.m. DECISION Chairman Plew stated his personal opinion is there are other uses to be considered. Member O'Rourke felt there was no demonstrated hardship, and the applicant should have been aware of what he purchased before he purchased it. With no further discussion, a motion was made by Member O'Rourke to deny the variance based on a lack of a proven hardship. The motion was seconded by Member Wright, with the vote recorded as follows: Ayes: Member Finn Nays: None Member Bilodeau Member Wright Abstain: Chair Plew Member O'Rourke Motion passed. This becomes Resolution #10 of 2007. Page 3 of 5 /a F E Q 212000 (T) Cortlandville Zoning Board of Appeals 24 April 2007 PUBLIC HEARING #3 - POSTPONED FROM 3/27/07 Daniel & Meredith Carr, Avvlicants/Revuted Owners - 671 NYS Route 222 - TM #85.00- 01-47.000 - Mobile Home in an Aa District Chairman Plew stated that this appeal has been postponed from the 27 March 2007 agenda as there was no applicant nor representative present at that time to answer the Board's questions. Chairman Plew read aloud the legal notice as previously published (reference the 27 March 2007 Minutes). He stated that, as he understood it, the applicant was seeking this variance because at some point he would be building a new home. Mr. Carr was not sure how long it would take to build his new home, maybe one year, maybe five years, not quite sure. Chairman Plew stated that the ZBA had previously given variances for a period of one year while applicants were constructing their new homes. Mr. Carr stated that he had a tree farm on this property and would like to start out by building the barn needed for that operation. The property was constantly being trespassed upon and was looking for some way to "buy a little time to get the operation going." Living on the property in a mobile home would help with the trespassing. Chairman Plew asked him why not just build a house? Mr. Carr stated for financial reasons he couldn't do both the barn and the house. CEO Weber, in response to Member O'Rourke's question, stated that the applicant could have a dwelling above the barn. It was then suggested to simply construct only the basement of the home for use as living space until such time as it could be finished. Chairman Plew asked if there was anyone present who wished to comment on the requested variance; comments were received as follows: John Daniels - Cortlandville Legislator - What happens if business fails? What would you do with the home? CEO Weber explains how variances work. Ken Coleman - 725 Groton Road - Lives just down the hill. Concerned with water problem and possible septic system contamination. Doesn't want sewage "coming down on me." Vincent Faraoni - 3821 Vallev View Drive - Doesn't want this "trailer to become a hunting camp." Always hunters up there on the property. Jackie Walker - (not on Attendance Sheet) - Doesn't proof of a hardship apply to this applicant? Lives across the street and doesn't see anyone trespassing since you put up fence and gate. With everyone being heard who wished to be heard, Acting Chair Finn closed the Public Hearing at 7:36 p.m. DECISION Chairman Plew noted the request was for a "temporary placement of a mobile home." The ZBA does not grant variances for mobile home with no date for removal specified. However, he felt "rushed" because the Planning Board meeting was to have started at 7:30 p.m., and the people were waiting outside to take their seats. Member O'Rourke then asked, "What more do we need to know?" She felt the Board had given the applicant some good ideas to consider, and also the Board could not grant a variance for a mobile home to be in place for five years; a year is a year is a year. Page 4 of 5 N F E B 2 12008 (T) Cortlandville Zoning Board of Appeals 24 April 2007 At the completion of a brief discussion, a motion was made by Member O'Rourke to deny the variance requested for a mobile home in an Agricultural District, based on the lack of a proven hardship. The motion was seconded by Member Bilodeau, with the vote recorded as follows: Ayes: Chairman Plew Nays: None Member Bilodeau Member Finn Member O'Rourke Member Wright Motion passed. This becomes Resolution # 11 of 2007. Approval of Minutes - 23 January 2007 A motion was made by Member Finn to approve the Minutes of the 23 January 2007 ZBA meeting, as submitted. The motion was seconded by Member Wright, with the vote recorded as follows: Ayes: Chairman Plew Nays: None Member Bilodeau Member Finn Member O'Rourke Member Wright Motion passed. This becomes Resolution # 12 of 2007. Adiournment At 7:40 p.m., a motion was made by Member Finn to adjourn the meeting. The motion was seconded by Member O'Rourke, with all Board members present voting in the affirmative. Joan1♦i ch, Secretary Zoni g Board of Appeals Page 5 of 5 E-mailed 2/21/08. Original delivered. l� ,FEB. 212008 We the undersigned members of Bell Drive, do hereby acknowledge and - approve Cheryl Tarbell's (1310. Bell Drive, Cortland) application for a variance in the terms and conditions of Article IV, Section 178-17A1 Bulk Regulations, of such Zoning Law to allow for a front yard to be less than allowed. 12 Name: A, �/t7/L! , � 1t) 6.,-A Address: J Signature: . Name: Address: Signature: Name: Address: l Signature: Name: Address: Signature: Name: Address: Signature: Name: Address: Signature: t FEB 212008 AwtNDANCE SHEET (T) CoRTLANDvrLLE MEETING OF 1))d4 (Your attendance is recorded in the meeting Minutes.) ,ZACM,.NjTJE39>j,► Name: Representing/ Regarding: Complete Address: C-t'z I tl cc�Sv, 176 Cnc+61d RA YA, « -FA ria 6-71 9 4 L-A A Q I L -7 All /-v r IZ-1 NI -I I- G-1 49 Ag. NOV 3 0 2007 \` TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS Public Hearing/Meeting Minutes - Tuesday, 29 May 2007 - 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 Joan E. Fitch, Board Secretary Joann O'Rourke Thomas Bilodeau Patricia Wright i Auulicants & Public Present Bb Dillingham, Applicant; Kandi Tanudjaja, Applicant; Gary Stauber, Applicant; Doug Little, Applicant; Tammie Charbono for Cortland Estates MHP, Applicant; T. James Marshall, Tom Williams. 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, May 29, 2007, at 6:30 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 application pursuant to the 1986 Zoning Law: 1. In the matter of the application of Bo Dillingham for property located at 1000 Route 13, Tax Map No. 96.09-02-42.000, for a variance in the terms and conditions of Article 178, Section 111B, of such Zoning Law to allow for a sign closer to property line than allowed. 2. In the matter of the application of Doug Little for property located at 2402 Ridge Road, Tax Map No. 98.00-01-37.000, for a variance in the terms and conditions of Article 178, Section 11, of such Zoning Law to allow for a storage building in an Agricultural District. 3. In the matter of the application of Kandi & Gerhard Tanudjaja for property located at 3127 West River Road, Tax Map No. 108.00-01-26.000, for a variance in the terms and conditions of Article 158, Section 12B, of such Zoning Law to allow for a camper for a period greater than 10 days. 4. In the matter of the application of Cortland Estates MHP for property located at 303 Tompkins Street, Tax Map No. 96.09-02-53.200, for a variance in the terms and conditions of Article 151, Section 6B, of such Zoning Law to allow for mobile homes on lots with yards less than allowed. 5. In the matter of the application of Gary Stauber for property located at 3537 Kellogg Road, Tax Map No. 97.04-01-11.000, for a variance in the terms and conditions of Article 178, Section 21 B4, of such Zoning Law to allow for a swimming pool with a rear 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. Communications in writing in relation thereto may be filed with the Board or at such hearing. Dated: May 18, 2007 Page 1 of 5 David Plew, Chairperson Zoning Board of Appeals NOV 3 0 2007 l� (T) Cortlandville Zoning Board of Appeals 29 May 2007 PUBLIC HEARING # 1 Bo Dillingham, Applicant/ Reputed Owner - 1000 NYS Route 13 (Tompkins Street) - TM #96.09-02-42.000 - Sign Chairman David Plew recognized the applicant who explained that he was seeking a variance to place a sign for his new business, "Old Man Leather," closer to the property line than allowed. He explained that the house at this location was 13.5± feet from the highway boundary. If he placed the sign as required, he stated, it would not be visible from the road by passing motorists. As proposed, it would still be 17 feet "from the curb." The sign will not be lighted at this time, but may be in the future. The size of the sign, 45 SF, complies with the requirements, but the location is too close to the road. Chairman Plew asked if there was anyone present who wished to speak on this matter; there was no one. With everyone having been heard who wished to be heard, Chairman Plew closed the public hearing at 6:37 p.m. DISCUSSION /DECISION A motion was then made by Member Joann O'Rourke to grant the variance for the sign, as requested. The motion was seconded by Member Patricia Wright, with the vote recorded as follows: Ayes: Chairman Plew Nays: None Member Bilodeau Member Finn Member O'Rourke Member Wright Motion passed. This becomes Resolution #13 of 2007. PUBLIC HEARING #2 Kandi & Gerhard Tanudiaia. Applicants/ Reputed Owners - 3127 West River Road - TM #108.00-01-26.000 - Camper Chairman David Plew recognized Kandi Tanudjaja who explained that she and her husband have a a camper which was given to them by her parents. They want to keep it on their property for their children's use during the summer at the location shown on the map accompanying the application, and then move it to the rear of their property for winter storage. The camper is a 7' 10" wide travel trailer, 26 feet in length. There will be no sewer or water system. The property is more than two acres. The camper will not be used as a "home." CEO Weber explained that the regulations allow this type of camper to be placed on the property for a maximum of ten days; therefore, a variance is required. Member Tom Bilodeau asked if he had a camper set up in his backyard, would he also have to have permission to do so, and CEO Weber responded in the affirmative. Chairman Plew asked if there was anyone present who wished to speak on this matter; there was no one. With everyone having been heard who wished to be heard, Chairman Plew closed the public hearing at 6:46 p.m. Page 2 of 5 NOV 3 0 2007 (T) Cortlandville Zoning Board of Appeals 29 May 2007 DISCUSSION/ DECISION A motion was made by Member Bilodeau to grant the variance for the camper, as requested. The motion was seconded by Member Wright, with the vote recorded as follows: Ayes: Chairman Plew Nays: None Member Bilodeau Member Finn Member O'Rourke Member Wright Motion passed. This becomes Resolution # 14 of 2007. PUBLIC HEARING #3 Cortland Estates. Auulicant/Ken Burnham. Revuted Owner - 70 Peneuin Drive, 17 Lorraine. and 12A Morean Dr. - TM #96.09-02-53.200 - MHs Closer to Prov_ erty Line Than Allowed Chairman David Plew recognized the applicant's representative, Tammie Charbono, who explained that she was seeking a variance to place three new mobile homes on existing lots in the subject mobile home park. CEO Weber explained that a 15 ft. side yard setback and 25 ft. front yard setback are required. Because of the size of the homes, and placing them on old- style lots, the required setbacks cannot be achieved, all as shown on the sketches accompanying the application. Chairman Plew asked if there was anyone present who wished to speak on this matter; 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 A motion was made by Member O'Rourke to grant the variance for mobile homes to be placed closer to the property lines than allowed, as requested. 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 Wright Motion passed. This becomes Resolution #15 of 2007. Page 3 of 5 lj 14 1,10V 3 ® zoos (T) Cortlandville Zoning Board of Appeals 29 May 2007 I� PUBLIC HEARING #4 Gary Stauber. Applicant/Reputed Owner - 3537 Kellogg Road - TM #97.04-01-11.000 - Swimming Pool Closer to Property Line Than Allowed Chairman David Plew recognized the applicant who explained that he was seeking a variance to allow a 16 ft. by 32 ft. swimming pool within four feet of the rear property line. Chairman Plew read aloud a letter from a neighbor objecting to the installation of the pool as "I am very concerned about the pool being placed so close to the lot line as this does not allow room for a concrete walking area around the pool or for a fence that is required." The letter asked for these items to be addressed and, if they weren't, the writer was opposed to the pool. Mr. Stauber explained that there was a 2 -foot concrete walkway around the pool, and a fence will enclose his property, as required. He explained that the neighbor who wrote the letter lives away and owns the vacant lot at the rear of the subject property. Mr. Stauber has offered to purchase the lot, but the owner doesn't want to sell it. Chairman Plew asked if there was anyone present who wished to speak on this matter; there was no one. With everyone having been heard who wished to be heard, Chairman Plew closed the public hearing at 6:59 p.m. DISCUSSION/DECISION A motion was then made by Member Wright to grant the variance for the swimming pool with a rear yard less than allowed, as requested. The motion was seconded by Member O'Rourke, with the vote recorded as follows: Ayes: Chairman Plew Nays: None Member Bilodeau Member Finn Member O'Rourke Member Wright Motion passed. This becomes Resolution # 16 of 2007. PUBLIC HEARING #5 Doug Little, Applicant/Reputed Owner - 2402 Ridge Road - TM #98.00-01-37.000 - Storage Building in Ag District Chairman David Plew explained that the applicant was seeking a variance to erect a storage building in an Agricultural District. Mr. Little explained that the well and septic were in, and he wanted the 26' by 34' storage building to house his personal equipment until he builds his home. A variance is needed for an accessory building without a primary residence. He also stated that because of the topography of the property, placement is limited to the back, left- hand corner. The proposed building will eventually become a garage once his home is finished. Chairman Plew asked if there was anyone present who wished to speak on this matter; there was no one. With everyone having been heard who wished to be heard, Chairman Plew closed the public hearing at 7:01 p.m. Page 4 of 5 126 (T) Cortlandville Zoning Board of Appeals NOV 3 ®2007 29 May 2007 - DISCUSSION/ DECISION A motion was then made by Member O'Rourke to grant the variance for the storage building, as requested. The motion was seconded by Member Bilodeau, with the vote recorded as follows: Ayes: Chairman Plew Nays: None Member Bilodeau Member Finn Member O'Rourke Member Wright Motion passed. This becomes Resolution #17 of 2007. Adiournment At 7:02 p.m., a motion was made by Member Finn to adjourn the meeting. The motion was seconded by Member Bilodeau, with all Board members present voting in the affirmative. Jo . Fitch, Secretary Zoning Board of Appeals E-mailed 11/29/07. Original delivered. Page 5 of 5 05/294/2007, 12:21 FAX 00 7 7 22401 ?1 BINGH-LffON KNIT Z001 NOV 3 0 2007 May 23, 2007 Zoning Board of Appeals Town of Cortlandville Attn: Bruce Weber RE: Application for Varian :e for; -Gary Stauber 3537 Kellogg Road Cortland, NY . Lot #97-04-01-11.000 Dear Mr. Weber, In regards to the Application of vananee for a swimming pool requested by clary Stauber I am very concerned about t ie pool being placed so close to the lot line as tris does not allow room for a concrete A. ilking .trea around the pool or for a fence that :s required. Please note that all of my pr )perty has been posted as recommended by my liability insurance carrier- As liabili• y is now a big consideration I am asking that Vii s problem be addressed. If not, I am oppc sed to this installation. Since ely, Kathleen Bardler NOV 3 0 Zoo? ATTENDANCE SHEET (T) CoRTLAivnvmLE ZONING- BD. - OF _ APPEA,�Sl MEETING of (Your attendance is recorded in the meeting Minutes.) , _I?RIXAT-E- � Name: A1-eL- �� c- 'J Representing/ Regarding: OLD MAN L.&A-TFt6e) L Lc M040 514rN -r-%�-Ul Vi& If Complete Address: loan S'iATie- RdU Tiff .13 GOPILA"D, IJ 13445.-336c 3aq r) X1 t) River Rc� ('p&/ a�r� jI-,t0 9T)-7 1raA A/9 t-��o� ��a /2; Z, /o% AUG 2 3 2007 TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS Public Hearing/Meeting Minutes - Tuesday, 26 June 2007 — 6:15 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, Acting Chairman Joan E. Fitch, Board Secretary Joann O'Rourke Thomas Bilodeau Patricia Wright Applicants & Public Present Leo & Mary Bush, Applicants; Douglas Smith, Sr., Applicant; Arthur Ponton, Applicant; Attorney Kelly Pronto for APD Engineering, Applicant (Wal-Mart); Douglas Smith, Jr., Applicant; Lester Bordwell, Architect Steve Thompson, Stephanie Albright, Randy Metcalf, David Kost, Dan Getter, Hang Jiang, Grace Meddaugh. The Public Hearing was opened at 6:15 p.m. by Acting Chairman John Finn, 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 26, 2007, 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 Leo C. Bush for property located at 3746 McGraw -Marathon Road, Tax Map No. 88.00-01-75.110, for a variance in the terms and conditions of Article III, Section 178-13A, of such Zoning Law to allow for a rear yard less than allowed. 2. In the matter of the application of Doug Smith Sr. for property located at 15 Kingsley Avenue, Lot 11, Tax Map No. 96.09-02-50.000, for a variance in the terms and conditions of Section 151-6B of such Zoning Law to allow for a side & front yard less than allowed. 3. In the matter of the application of Doug Smith Jr. for property located at 15 Kingsley Avenue, Lot 2, Tax Map No. 96.09-02-50.000, for a variance in the terms and conditions of Section 151-6B of such Zoning Law to allow for a side & front yard less than allowed. 4. In the matter of the application of Arthur Ponton for property located at 15 Kingsley Avenue, Lot 14, Tax Map No. 96.09-02-50.000, for a variance in the terms and conditions of Section 151-6B of such Zoning Law to allow for a side & front yard less than allowed. 5. In the matter of the application of Farmington Lawn Care Inc., for property located on NYS Route 13, Tax Map No. 96.13-01-01.000, for a variance in the terms and conditions of Article XVIII, Section 117-112, Table 1, of such Zoning Law to allow for a building -mounted sign to be illuminated. 6. In the matter of the application of Wal-Mart Stores for property located on NYS Route 13 South, Tax Map No. 105.00-01-22.211, for a variance in the terms and conditions of Article XVIII, Section 178-112, Table I, of such Zoning Law to allow for a free-standing sign with an area greater than allowed, a building -mounted sign to be illuminated, and for a greater number of building -mounted signs than allowed. Page 1 of 6 (T) Cortlandville Zoning Board of Appeals AUG 2 3 2007 26 June 2007 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 can (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: June 15, 2007 Zoning Board of Appeals PUBLIC HEARING # 1 Leo & Mary Bush. Applicants/ROs - McGraw -Marathon Rd. - TM #88.00-01-75.000 - Garage Closer to Property Lines Than Allowed Acting Chairman John Finn recognized Leo Bush who explained that he was seeking a variance to construct a garage on the subject property, as shown on the sketch accompanying the application. A 40 -foot setback is required, and only 18 feet is requested. The topography of the subject parcel precludes adhering to the required setbacks. Board members present had no questions. Chair Finn asked if there was anyone present who wished to speak regarding the variance request. Lester Bordwell, a neighbor, stated that he had no objection to the granting of the variance. With everyone having been heard who wished to be heard, Acting Chair Finn closed the public hearing at 6:21 p.m. DISCUSSION /DECISION With no further discussion, a motion was made by Member Joann O'Rourke to grant the variance for the garage, as requested. The motion was seconded by Member Tom Bilodeau, with the vote recorded as follows: Ayes: Acting Chair Finn Nays: None Member Bilodeau Member O'Rourke Absent: Chairman Plew Member Wright Motion passed. This becomes Resolution #18 of 2007. PUBLIC HEARING #2 Douglas E. Smith. Sr., Applicant/Steven W. Banks, Reputed Owner (C & H Trailer Park) - 15 Kingslev Ave., Lot 11 - Side & Front Yard Setbacks 9(c, Ua - b4.14, DOO Acting Chairman John Finn recognized Mr. Smith, Jr., representing his father, who was seeking a variance to place (already existing) a 7' by 7' deck with a handicapped ramp on the front of the subject mobile home. There is only from 10 to 12 feet between mobile homes in this older park. He stated that the park owner had no objection to the requested deck. Mr. Smith stated that he was unaware that a building permit was required and had been advised of this by the Code Enforcement Officer. The Board reviewed photographs of this lot, and adjoining lots. Page 2 of 6 95 - (T) Cortlandville Zoning Board of Appeals AUG 2 3 2007 26 June 2007 CEO Weber advised that the applicant will need a variance from the State Building Code, which has a minimum of a 6 -foot separation. Board members present had no questions. Acting Chair Finn asked if there was anyone present who wished to speak regarding the variance request; there was no one. With everyone having been heard who wished to be heard, Acting Chair Finn closed the public hearing at 6:35 p.m. DISCUSSION/DECISION Member O'Rourke commented that she had no problem with the ramp as it was needed by the applicant. The Board members agreed. With no further discussion, a motion was made by Member Joann O'Rourke to grant the variance for Lot 11, as requested. The motion was seconded by Member Patricia Wright, with the vote recorded as follows: Ayes: Acting Chair Finn Nays: None Member Bilodeau Member O'Rourke Absent: Chairman Plew Member Wright Motion passed. This becomes Resolution #19 of 2007. 11 PUBLIC HEARING #3 Douglas E. Smith, Jr., Applicant/ Steven W. Banks, Reputed Owner (C & H Trailer Park) - 15 Kingslev Ave., Lot 2 - Side & Front Yard Setbacks Acting Chairman John Finn recognized Mr. Smith, Jr., who was seeking a variance for an addition which had already been constructed on his mobile home without a permit. He stated that the addition was used for storage and it is built on a new deck, about three feet off the ground; it had no electricity or heat provided to it at this time. He thought that maybe someday it could serve as an extra bedroom. There is only five feet between the new construction and the mobile home next door as shown on the sketch accompanying the application. Mr. Smith stated that he was unaware that a building permit was required and had been advised of this by the Code Enforcement Officer. The applicant stated that the long wall, the door, and part of the back wall is complete. The Board reviewed photographs of this lot, and adjoining lots. Board members present had no questions. Acting Chair Finn asked if there was anyone present who wished to speak regarding the variance request; there was no one. With everyone having been heard who wished to be heard, Acting Chair Finn closed the public hearing at 6:42 p.m. DISCUSSION/ DECISION Acting Chair Finn stated he was "nervous" about the room addition v. the deck, especially when it comes to fire safety. CEO Weber said there were fire safety issues because if there was a fire in the subject home, it would spread to the adjacent home. In addition, the applicant would need a permit to convert the storage room into a bedroom, and then to monitor this in the future would be practically impossible. The State, he said, would need to know what the room would be used for. Page 3 of 6 (T) Cortlandville Zoning Board of Appeals AUG 2 3 2007 26 June 2007 At the conclusion of an extensive discussion, a motion was made by Member O'Rourke to grant the variance for , the existing and new deck which may have a roof and no side walls, but may be screened in. The motion was seconded by Member Tom Bilodeau, with the vote recorded as follows: Ayes: Acting Chair Finn Nays: None Member Bilodeau Member O'Rourke Absent: Chairman Plew Member Wright Motion passed. This becomes Resolution #20 of 2007. PUBLIC HEARING #4 Arthur Ponton, Applicant/ Steven W. Banks, Reputed Owner (C & H Trailer Park) - 15 Kineslev Ave., Lot 14 - Side & Front Yard Setbacks °!(v. 60-0`1-1q.000 Acting Chairman John Finn recognized Mr. Smith, Jr., who was seeking a variance for a 6 ft. by 20 ft. deck which had already been constructed on his mobile home without a permit, and it's too close to the side and front yards. He stated that just wanted the deck with a railing around it. Again, the owner had no objection to the deck. Board members present had no questions. Acting Chair Finn asked if there was anyone present who wished to speak regarding the variance request; there was no one. % With everyone having been heard who wished to be heard, Acting Chair Finn 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 for the deck, as requested. The motion was seconded by Member Wright, with the vote recorded as follows: Ayes: Acting Chair Finn Nays: None Member Bilodeau Member O'Rourke Absent: Chairman Plew Member Wright Motion passed. This becomes Resolution #21 of 2007. Page 4 of 6 �-7 AUG 2 3 2007 (T) Cortlandville Zoning Board of Appeals 26 June 2007 II PUBLIC HEARING #5 I� Farmington Lawn Care, Inc., Applicant/Melvin & Philip Simon, Reputed Owners - NYS Route 13 - TM #96.13-01-01.000 - Illumination of Proposed Building -Mounted Sian CEO Weber advised that the applicant was not prepared for their presentation at this time and suggested that the Board postpone the matter until the next Zoning Board of Appeals meeting. With no further discussion, a motion was made by Member Wright to postpone hearing this case until 28 August 2007. The motion was seconded by Member O'Rourke, with the vote recorded as follows: Ayes: Acting Chair Finn Nays: None Member Bilodeau Member O'Rourke Absent: Chairman Plew Member Wright Motion passed. This becomes Resolution #22 of 2007. PUBLIC HEARING #6 APD Engineering. Applicant/Wal-Mart Stores East. Reputed Owner - NYS Route 13 (Proposed Wal-Mart Site) - South Cortland - TM #105.00-01-22.211 - Sian Variance Request Acting Chair Finn recognized Attorney Kelly Pronti of Harter Secrest & Emery LLP, Attorneys for the subject proposed Wal-Mart Supercenter, who explained that Wal-Mart was seeking variances to allow for a free-standing sign with an area greater than allowed, a building - mounted sign to be illuminated, and for a greater number of building -mounted signs than allowed, all as set forth in the narrative and depicted in the signage package accompanying the application. The Board members thoroughly reviewed all of the signage requested. At the conclusion of their review, Acting Chair Finn asked if there was anyone present who wished to speak regarding the variance request; there was no one. With everyone having been heard who wished to be heard, Acting Chairman Finn closed the public hearing at 7:21 p.m. DISCUSSION /DECISION After a brief discussion, a motion was made by Member O'Rourke to grant the variance to allow for a (1) free-standing sign with an area greater than allowed, (2) a building - mounted sign to be illuminated, and (3) for a greater number of building -mounted signs than allowed, all as requested. The motion was seconded by Member Wright, with the vote recorded as follows: Ayes: Acting Chair Finn Nays: None Member Bilodeau Member O'Rourke Absent: Chairman Plew Member Wright Motion passed. This becomes Resolution #23 of 2007. Page 5 of 6 RIM i AUG 2 3 2007 (T) Cortlandville Zoning Board of Appeals 26 June 2007 Adiournment At 7:30 p.m., a motion was made by Member O'Rourke to adjourn the meeting. The motion was seconded by Member Wright, with all Board members present voting in the affirmative. an E. Fitch, Secretary Zoning Board of Appeals Page 6 of 6 E-mailed 8/23/07. Original delivered. M AUG 2 3 2007 MIN ATTENDANCE SHEET (T) CORTLANDVILLE �4,O1 M BD. OF APPEAUS9 - MEETING OF G'7,6 all (Your attendance is recorded in the -,meeting }Minutes.) G'7,61 21 PRINTED Name: ve1-( 5I Representing/ Regarding: Complete, Address: .. _. . � i," Tb" 5 ��fiQ.►/�c 0 w �-i iW TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS Public Hearings/ Meeting Minutes - Tuesday, 31 July 2007 - 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, Acting Chairman Joan E. Fitch, Board Secretary Joann O'Rourke Thomas Bilodeau Patricia Wright Applicants & Public Present Robert F. Martin & Lois McCool -Martin, Applicants; Jim Lynch of Graphics Warehouse, Applicant; Jeff Roos for BMW Construction, Applicant. 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, July 31, 2007, 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 BMW Construction for property located at 767 Route 222, Tax Map No. 85.19-01-41.000, for a variance in the terms and conditions of Article IV, Section 178-17A1, of such Zoning Law to allow for a side yard less than allowed. 2. In the matter of the application of Robert Martin & Lois McCool -Martin for property located at 3835 Highland Road, Tax Map No. 85.19-01-20.000, for a variance in the terms and conditions of Article IV, Section 178-16, of such Zoning Law to allow for a business use in an R1 District.. 3. In the matter of the application of The Graphics Warehouse for property located at 1250 Fisher Avenue, Tax Map No. 76.18-01-26.200, for a variance in the terms and conditions of Article XVIII, Section 178-112, Table 2, of such Zoning Law to allow for building -mounted signage with an area greater 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: July 18, 2007 Page 1 of 4 David Plew, Chairperson Zoning Board of Appeals ;1 Conlan 1� EB 2 9 2006 (T) dville Zoning Board of Appeals 31 July 2007 PUBLIC HEARING #I BMW Construction. Apolicant/Jeff Roos. Revuted Owner - 767 NYS Route 22 - TM #85.19-01-41.000'- Side Yard Less than Allowed Chairman David Plew recognized the owner who explained that he was seeking a variance to construct a 20 ft. by 22 ft. addition off the rear of his home on the subject property, as shown on the sketch accompanying the application. The proposed addition would contain a bedroom and bathroom. Although in line with the original house, CEO Weber stated it was closer than what the minimum setback is; they need 12 feet, and he has only 6.25 feet. Board members present had no questions, nor had any correspondence been received regarding the request. Chair Plew asked if there was anyone present who wished to speak regarding the variance request. With everyone having been heard who wished to be heard, Acting Chair Finn closed the public hearing at 6:50 p.m. DISCUSSION/ DECISION With no further discussion, a motion was made by Member John Finn to grant the variance for a side yard less than allowed, as requested. The motion was seconded by Member Joann O'Rourke, with the vote recorded as follows: Ayes: Chairman Plew Nays: None Member Bilodeau Member Finn Member O'Rourke Member Wright Motion passed. This becomes Resolution #24 of 2007. PUBLIC HEARING #2 Robert F. & Lois D. McCool -Martin. Avnlicants/Revuted Owners - 3835 Hiahland Road - TM #85.19-01-20.000 - Business Use in R-1 District Chairman Plew recognized the Martins who were seeking a variance to open a small home business in an R-1 District. As stated in a "Neighborhood Approval" form dated July 12, 2007, which accompanied the application, the business would include the sale of scenic photographic framed art, and well as some wood -working items, and vintage/antiue furnishings. The business would be open by appointment only, except for Fridays when they plan to be open to the public from 10 a.m. to 6 p.m. The form was signed by their surrounding neighbors. The business would be operated out of an existing garage, and there is plenty of parking, as shown on the sketch accompanying the application. There would be no sign on the road, just a small one on the garage. The business will be advertised in the Cortland Standard. When asked by Chairman Plew what would happen if, within a year, the business becomes bigger? Mrs. Martin responded that they would have to move the business someplace else. She stated they did consider other alternatives, but they were too expensive for a small business. i' The Board thought they could possibly grant a variance for a limited time. Page 2 of 4 3� FEB 2 8* 2008 33 (T) Cortlandville Zoning Board of Appeals 31 July 2007 With everyone having been heard who wished to be heard, Acting Chair Finn closed the public hearing at 7 p.m. DISCUSSION /DECISION After a brief discussion, a motion was made by Member Finn to grant the variance for the proposed business use in an R-1 District for a period of 18 months (January 2009), at which time the applicants must discontinue the business OR return before the ZBA for another variance. The motion was seconded by Member Patricia Wright, with the vote recorded as follows: Ayes: Chairman Plew Nays: None Member Bilodeau Member Finn Member O'Rourke Member Wright Motion passed. This becomes Resolution #25 of 2007. PUBLIC HEARING #3 The Graphics Warehouse. LLC. Applicant/Grace Christian Fellowship, Reputed Owner - 1250 Fisher Avenue - TM #76.18-01-26.200 - Building -Mounted Sien w/Area Greater than Allowed Chairman Plew recognized Jim Lynch, representing the applicant who was seeking a variance to erect two building -mounted signs, one of their logo, measuring 80" by 132", and one consisting of letters "Grace Christian Fellowship" which overall would be 50 " by 286"; the signs were depicted on various sketches/maps accompanying the application. CEO Weber stated there was no problem with the lighted monument sign at the entrance. CEO Weber advised that the issue is that 40 SF of signage is allowed on the building, and they are. asking for 180± SF. The building -mounted signage, according to Mr. Lynch, was needed in order for it to be visible from NYS Route 281. In addition, the church conducted evening meetings. Chairman Plew stated that if someone is attending that church and turns into the driveway where there is a lighted monument sign indicating what church it was, then why did the name have to be on the church itself? Does the church anticipate attracting attendees from Route 281? Member Tom Bilodeau commented that the church conducted special conferences and seminars there, and persons traveling to the church on Route 281 from out of town would be able to see where the church was. Chair Plew asked if there was anyone present who wished to speak regarding the variance request; there was no one. With everyone having been heard who wished to be heard, Acting Chair Finn closed the public hearing at 7:08 p.m. DISCUSSION /DECISION Members Bilodeau and O'Rourke felt the church was quite a distance from the roads (Fisher Avenue and NYS Route 281), and if they complied with the square footage requirement, the name of the church would not be visible from the road at all. Chairman Plew did not feel that a sign would draw people to the church. Page 3 of 4 F E B 2 8 2008 (T) Cortlandville Zoning Board of Appeals 31 July 2007 At the conclusion of a brief discussion, a motion was made by Member O'Rourke to grant the variance for the building -mounted signs with an area greater than allowed, as requested. The motion was seconded by Member Tom Bilodeau, with the vote recorded as follows: Ayes: Member Finn Nays: Chairman Plew Member Bilodeau Member O'Rourke Member Wright Motion passed. This becomes Resolution #26 of 2007. PUBLIC HEARING #4 - CONT'D FROM .TUNE MEETING 11 Farmington Lawn Care. Inc.. Aunlicant,/Melvin & Philiv Simon. Renuted Owners - NYS Route 13 - TM #96.13-01-01.000 - Illumination of Proposed Building -Mounted Sign CEO Weber advised that once again the applicant was not prepared for their presentation at this time and suggested that the Board postpone the matter until the next Zoning Board of Appeals meeting. With no further discussion, a motion was made by Member O'Rourke to postpone hearing this case until 28 August 2007. The motion was seconded by Member Finn, with the vote recorded as follows: Ayes: Chairman Plew Nays: None Member Bilodeau Member Finn Member O'Rourke Member Wright Motion passed. This becomes Resolution #27 of 2007. Adiournment At 7:15 p.m., a motion was made by Member Finn to adjourn the meeting. The motion was seconded by Member Bilodeau, with all Board members present voting in the affirmative. Jo .Fitch, Secretary Zoning Board of Appeals Page 4 of 4 E-mailed 2/28/08. Original delivered. 3q FEB- 2 8 2008 ATTENDANCE SHEET (T) CORTLANDVILLE MEETING OF (Your attendance is recorded in the meeting Minutes.) <AjWflL,N Name: Representing/ Regarding: Complete Address: /L),fi A) e 3,P-3,9-1116 '-�D � 4of5 D>, RAcCo,)t--Ywq(?-0A/ \)ARi-A-&JCe 3 9 3s 9 IIU41A Oj% eoRTPI IV aa - 6 mba (A pk,�M Aql PNS 0 INDEX OF ACTIONS - 2007 (T)CORTLANDVILLE ZONING BOARD OF APPEALS MEETING I RESOLUTION DATE NO. I DESCRIPTION 1 8/28107 28 DAVID MARIN, APPLICANT/FRANKLIN PARD, REPUTED OWNER - 3716 US Route 11 - TM #97.02-01-19.000 - Variance DENIED for storage building closer to property fine than allowed. 29 ROGER WILCOX, APPLICANT/REPUTED OWNER - 4454 McCloy Road - TM #74.00-02-06.111 - Variance GRANTED to allow for a storage building in an Agricultural District with condition that all storage be inside. 30 PHILIP FALSO, APPLICANT/SAAD M. SAAD, REPUTED OWNER - 1344 CARROLL STREET - TM #76.19-01-32.000 - Variance GRANTED to allow for a roof -mounted sign. 31 BONNIE HAALAND, APPLICANT/ROBERT BURTNER, REPUTED OWNER - 3632 Worthington Place - TM #95.11-02-25.000 - Variance GRANTED to allow for a rear yard less than allowed. 32 RICHARD & FRANCINE GYSEL, APPLICANTS/DEBORAH NADOLSKt, REPUTED OWNER - 3855 Highland Road -TM #85.19-01-15.000 - Variance GRANTED to allow for an existing garage to be converted into a dwelling unit, with the condition that this variance will expire when the dwelling is no longer needed by either • _ Richard's or Francine's parents. 33 MIKE McKINNEY, APPLICANT/REPUTED OWNER - 3580 NYS Route 215 - TM #96.00-12-03.000 - Variance GRANTED to allow for a front yard less than allowed. 34 FARMINGTON LAWN CARE, INC., APPLICANTIMELVIN & PHILIP SIMON,.ROs - NYS Rte. 13 - TM # 96.13-01-01.000 - Variance request for illumination of building - mounted sign POSTPONED. (Signed) Joan E. Fitch 3� O Joan E. Fitch, Board Secretary ,,,� /� I :. to KS/KR, JF, PW, TB, JO, & BW on 9/5/07. Original sent by CEO's i _I S I VL�p�fi- dk- QC-riON1-S _ i i 8/30/07. ZQ tar 5-e_� 6 � voco ft4 (KRP) 3 �e F E B 2 5 2000 TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS Public Hearing/Meeting Minutes - Tuesday, 25 September 2007 - 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, Acting Chairman Joan E. Fitch, Board Secretary Joann O'Rourke *Thomas Bilodeau Patricia Wright Applicants & Public Present Richard Westergren of Poyant Signs, for Bargain Outlet, Applicant; David White of the Bargain Outlet, Grace Meddaugh. 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, September 25, 2007, 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 Bargain Outlet for property located at 3662 NYS Route 281, Tax Map No. 96.09-01-02.200, for a variance in the terms and conditions of Article XVIII, Section 178-112, Table 1, of such Zoning Law to allow for building -mounted signs to be illuminated. 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: September 14, 2007 Zoning Board of Appeals PUBLIC HEARING # 1 Bargain Outlet. Applicant/Schvler Comvanies, Reputed Owner - 3662 NYS Route 281 (Cortlandville Plaza) - TM #96.09-01-02.200 - Illumination of Building -Mounted Signs Chairman Plew recognized Richard Westergren of Poyant Signs, and David White, Manager of Bargain Outlet, who were seeking a variance to illuminate building -mounted signs on their new facility at this plaza, as indicated on the drawings submitted with the application. The signs conform to the number/ size requirements; a variance was needed only for their illumination. Board reviewed the application, and Mr. White agreed that the signs could be put on a timer if asked to do so. Chair Plew asked if there was anyone present who wished to be heard regarding this variance request; there was no one. Page 1 of 2 ZI FEB 2 2008 3� (T) Cortlandville Zoning Board of Appeals 25 September 2007 With everyone having been heard who wished to be heard, Chairman Plew closed the public hearing at 7:03 p.m. DISCUSSION/ DECISION Member Joann O'Rourke thought the signs should not be illuminated before 7 a.m., nor after 10 p.m., as had been done with other similar variance requests. With no further discussion, a motion was made by Member O'Rourke to grant the variance for the illumination of the building -mounted signs, as requested, with the signs to be illuminated from 7 a.m. to 10 p.m. daily. The motion was seconded by Member Patricia Wright, with the vote recorded as follows: Ayes: Chairman Plew Nays: None Member Finn Member O'Rourke Absent: Member Bilodeau Member Wright Motion passed. This becomes Resolution #35 of 2007. 11 PUBLIC HEARING #2 — CiONT'D 11 Farmington Lawn Care, Inc.. Applicant/ Melvin & Philip Simon, Reputed Owners - NYS Route 13 - TM #96.13-01-01.000 - Illumination of Building -Mounted Sign Chairman Plew noted that this item had been on the Agenda since June; each time there was no representative present, and the matter was then postponed to the next meeting. A motion was then made by Member John Finn to deny the request for illumination of a building -mounted sign. The motion was seconded by Member Wright, with the vote recorded as follows: Ayes: Chairman Plew Nays: None Member Finn Member O'Rourke Absent: Member Bilodeau Member Wright Motion passed. This becomes Resolution #36 of 2007. Adiournment At 7:05 p.m., a motion was made by Member Finn to adjourn the meeting. The motion was seconded by Member Wright, with all Board members present voting in the affirmative. Joan Fitch, Secretary Zoning Board of Appeals Page 2 of 2 E-mailed 2/25/08. Original delivered. FEB 2 5 2008 ATTENDANCE SHEET (T -)-Co -.LkN-Db -.E �-ZONING-BD--OF--APPEAL$-,' MEETING 01-�i��16-7 RT. -ym�L-E (Your attendance is recorded in the meeting Minutes.) Name: Representing/ Regarding: Complete Address: 1244�i -O 1—c)CEWTE.� 69 -36-12 e72ff 1// 2-,F 40 xo. z 'Z-9 Ii" ATTENDANC " FEB 2 5 2008 TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS Public Hearings/ Meeting Minutes - Tuesday, 23 October 2007 - 7 PM Town Hall Board Room - 3577 Terrace Road - Cortland, NY Board Members (*absent) David Plew, Chairman John Finn, Acting Chairman Joann O'Rourke Thomas Bilodeau Patricia Wright Applicants & Public Present Christopher Read, Applicant; Hang Jiang, Applicant. 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 Notices 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 23, 2007, 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: and 1. In the matter of the application of Christopher Reed (Meldrim's) for property located at 3979 West Road, Tax Map No. 86.13-01-32.200, for a variance in the terms and conditions of Article XVIII, Section 178-112, Table 1, of such Zoning Law to allow for a greater number of building -mounted signs with illumination. 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. Dated: October 12, 2007 David Plew, Chairperson Zoning Board of Appeals Notice is hereby given that a public hearing before the Zoning Board of Appeals of the Town of Cortlandville will be held Tuesday, October 23, 2007, 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 Hang Jiang (Cortland Buffet) for property located at 957 McLean Road, Tax Map No. 96.09-01-02.200, for a variance in the terms and conditions of Article XVIII, Section 178-112, Table 1, of such Zoning Law to allow for a building -mounted sign to be illuminated. 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, Page 1 of 3 1_0 FEB 2 5 2008 (T) Cordandville Zoning Board of Appeals 23 October 2007 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: October 15, 2007 Zoning Board of Appeals PUBLIC HEARING # 1 Christopher Read. Auulicant (Meldrim's)/Georee Haskell. Reputed Owner - 3975 West Road (NYS Route 2811 - TM #86.13-01-32.000 - Siens Chairman Plew recognized the applicant who was seeking a variance to have a number of signs placed on the subject building, with illumination, as shown on the annotated photos accompanying the application. The existing DeVoe paint sign on the corner will be removed. He would also like a 4 ft. by 21 ft. PAINT sign illuminated; its placement is shown on the photo. Mr. Read explained that he would also like an awning lighted. CEO Weber explained that there were three signs requested and only two are allowed. Two will potentially be illuminated. Any signs inside the windows will not be counted, he stated. Chairman Plew argued with the applicant as to the location of the "front" of the building. Mr. Read would like the south side of the building to be the "front" main entrance, with the roadside being considered the side. It would not be used for public ingress/egress. Chair Plew asked if there was anyone present who wished to be heard regarding this variance request; there was no one. With everyone having been heard who wished to be heard, Chairman Plew closed the public hearing at 7:10 p.m. DISCUSSION/DECISION Chairman Plew did not think that the signs needed to be illuminated on the side of the building; CEO Weber then advised that the "side of the building" will actually be the main entrance. The previous front entrance is no longer used, except for an exit. With no further discussion, a motion was made by Member O'Rourke to grant the variance for a greater number of building -mounted signs with illumination from 7 a.m. until 10 p.m., maximum. The motion was seconded by Member John Finn, with the vote recorded as follows: Ayes: Member Bilodeau Nays: Chairman Plew Member Finn Member O'Rourke Member Wright Motion passed. This becomes Resolution #37 of 2007. Page 2 of 3 1�I (T) Cortlandville Zoning Board of Appeals FEB 2 5 2008 PUBLIC HEARING #2 23 October 2007 Hang Jiang (Cortland Buffet). Applicant/ Centro NP, LLC, Reputed Owner - 957 McLean, Road (Cortlandville Plaza) - TM #96.09-01-02.200 - Sian Variance (Illumination] Chairman Plew recognized the applicant who was requesting a variance to illuminate a building -mounted sign for the new "Cortland Buffet," as shown on the drawing accompanying the application. The proposed back -lit sign would be 23 ft. wide by 30 in. high. Member O'Rourke stated that in keeping with other recent illuminated sign variances, the hours for the illumination should be limited. The other Board members agreed. Chair Plew asked if there was anyone present who wished to be heard regarding this variance request; there was no one. With everyone having been heard who wished to be heard, Chairman Plew closed the public hearing at 7:17 p.m. DISCUSSION /DECISION After a brief discussion concerning the time limit for the sign's illumination, a motion was then made by Member Tom Bilodeau to grant the variance for the building -mounted sign to be illuminated from 11 AM until 11 PM. The motion was seconded by Member O'Rourke, with the vote recorded as follows: Ayes: Chairman Plew Nays: None Member Bilodeau Member Finn Member O'Rourke Member Wright Motion passed. This becomes Resolution #38 of 2007. Adiournment At 7:18 p.m., a motion was made by Member Finn to adjourn the meeting. The motion was seconded by Member Wright, with all Board members present voting in the affirmative. 2nig i . Fitch, Secretary nBoard of Appeals Page 3 of 3 E-mailed 2/25/08. Original delivered. Li B F E B 2 5 2008 ATTENDANCE SHEET (T) CORTLANDVILLE ZONING BD. OF APPEALS MEETING OF/ 01Y3,0 (Your attendance is recorded in the meeting Minutes.) PRINTEl7> Name: Representing/ Regarding: I Complete Address: wvgfUAfj- iZ�� e,[��, ,S �w� 3Pr' Wes - (RjA q3 MAR 0 4 2008 TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS Public Hearings/ Meeting Minutes - Tuesday, 27 November 2007 - 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, Acting Chairman Joan E. Fitch, Board Secretary Joann O'Rourke *Thomas Bilodeau Patricia Wright Avvlicants & Public Present Jim Taber & Tim Sherwood for Jack's Sign Shop, Applicant; William Gallinger, Mason Somerville, Christine Layburn, Grace Meddaugh. The Public Hearing was opened at 7 p.m. by Chairman David Plew, who read aloud the Legal Notices 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, November 27, 2007, at 7p.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 Jack's Sign Shop (Kost Tire/Auto Care) for property located at 1013 NYS Route 13, Tax Map No. 96.09-02706.200, for a variance in the terms and conditions of Article XVIII, Section 178- 1I IB, Table 1, of such Zoning Law to allow for a sign closer to property line than allowed. 2. In the matter of the application of Peter Foley (Sunoco) for property located at 3817 NYS Route 11, Tax Map No. 87.04-01-14.000 for a variance in the terms and conditions of Article XVIII, Section 178-112, Table 1, of such Zoning Law to allow for a greater n umber of building -mounted signs than allowed. 3. In the matter of the application of Peter Foley (Sunoco) for property located at 3947 NYS Route 281, Tax Map No. 86.13-01-46.000 for a variance in the terms and conditions of Article XVIII, Section 178-112, Table 1, of such Zoning Law to allow for a greater n umber of building -mounted signs 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: November 15, 2007 Page 1 of 3 David Plew, Chairperson Zoning Board of Appeals L4q (T) Cortlandville Zoning Board of Appeals 11 PUBLIC HEARING # 1 27 November 2007 Jack's Sien Shop, Applicant Most Tire, Reputed Owner - 1013 NYS Route 13 - TM, #96.09-02-06.000 - Sien Closer to Property Line. Chairman Plew recognized Mr. Taber and immediately asked him what the hardship was. Chairman Plew then explained what a hardship was. Mr. Taber responded that the hardship was that the property line is 25 feet from the building and the sign is 12 feet in width. The leading edge of the sign can't be any closer than 15 feet from the property line, according to the requirements. Therefore, a 15 -foot setback, plus a 12 -foot wide sign would equal 25 feet, so the sign would be into the front of the building. Chairman Plew stated he came by the subject building tonight and "I couldn't miss it. Why do you even need a big sign?" Mr. Taber explained that they are allowed a sign such as this and if they have one, it should be visible. Mr. Sherwood, also representing the applicant, stated he had talked with their customers who can't find the location and are bypassing their place of business several times. They have lettering on the front of the building, but it is not illuminated. Member Patricia Wright commented that one reason the business isn't visible is because of the landscaping. Chair Plew asked if there was anyone present who wished to be heard regarding this variance request; there was no one. With everyone having been heard who wished to be heard, Chairman Plew closed the public hearing at 7:07 p.m. DISCUSSION /DECISION Member Finn asked CEO Weber what signage was allowed, and CEO Weber stated the sign, as requested, is allowed, and so is the illumination. The sign is simply too close to the road. Member Joann O'Rourke commented that the requested sign is in alignment with the Key Bank and Superior Limousine signs. Chairman Plew felt that the six-foot variance requested was not much, but no hardship was shown. With no further discussion, a motion was made by Member O'Rourke to grant the variance as requested. The motion was seconded by Member Patricia Wright, with the vote recorded as follows: Ayes: Member Wright Nays: Chairman Plew Member Finn Member O'Rourke Absent: Member Bilodeau Motion passed. This becomes Resolution #39 of 2007., PUBLIC HEARING #2 Peter Folev. Applicant/Sunoco, Inc., Reputed Owner - 3817 US Route 11 - TM #87.04-, 01-14.000 - Greater Number of Buildine-Mounted Signs Chairman Plew asked if there was a representative present; no one responded. He then said he had received a phone call this afternoon objecting to the proposed signs. Chairman Plew then asked "What do you do when you get gas?" The answer, everyone agreed, was to check the price. Member O'Rourke stated she had talked with NASCAR fans this past weekend, and they wouldn't buy gas at a particular station because of it being the official NASCAR fuel. There are, Page 2 of 3 qs MAR 0 4 2008 (T) Cortlandville Zoning Board of Appeals 27 November 2007 she felt, already too many signs at the Sunoco stations. Chairman Plew stated there was no proven hardship, and if they wanted to put up another sign, they should remove a sign; then a variance would not be needed. Member O'Rourke felt that if it was the consensus of the Board, the request could be acted upon. Chair Plew asked if there was anyone present who wished to be heard regarding this 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. DISCUSSION /DECISION With no further discussion, a motion was made by Member O'Rourke to deny the variance to allow a greater number of building -mounted signs than allowed due to a lack of proven hardship. The motion was seconded by Member John Finn, with the vote recorded as follows: Ayes: Chairman Plew Member Finn Member O'Rourke Member Wright Nays: None Absent: Member Bilodeau Motion passed. This becomes Resolution #40 of 2007. Peter Folev. Applicant/Sunoco. Inc., Reputed Owner - 3817 US Route it - TM #87.04- 01-14.000 - Greater Number of Building -Mounted Signs With no further discussion, a motion was made by Member Wright to deny the variance to allow a greater number of building -mounted signs than allowed due to a lack of proven hardship. The motion was seconded by Member O'Rourke, with the vote recorded as follows: Ayes: Chairman Plew Nays: None Member Finn Member O'Rourke Absent: Member Bilodeau Member Wright Motion passed. This becomes Resolution #40 of 2007., Other Matters Since the December meeting would fall on New Year's Eve, it was agreed that there would be no meeting that month. Adiournment At 7:17 p.m., a motion was made by Member Finn to adjourn the meeting. The motion was seconded by Member Wright, with all Board members present voting in the affirmative. 4 o Fitch, Secretary Zoning Board of Appeals Page 3 of 3 E-mailed 3/3/08. Original delivered. MAR 0 4 2008 ATTENDANCE: SHEET CORTLAnVILLP, ZONING fBD7.-0E—XPPEALS1 MEETnvroF11/X7/'07 (Your attendance is recorded in the meeting Minutes.) PRINTf-D> Name: r-:�-rwvo- V MpltV aw t 4 Representing/ Regarding: TV # V/ Complete Address: q0 9 0-71 PJ Q5 N r7- R T J3 CDR TLi�hJ� (T) Cortlandville Zoning Board of Appeals OCT 012000 29 July 2008 �6" With everyone having been heard who wished to be heard, Chairman Plew closed the Public Hearing at 6:06 p.m. DISCUSSION /DECISION With no further discussion, a motion was made by Member Wright 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 O'Rourke Member Wright Member Bilodeau Motion passed. This becomes Resolution # 17 of 2008. PUBLIC HEARING #3 Alex Fumarola & Donna Powers. Ammlicants/Reputed Owners - 697 McLean Road - TM #95.11-04-03.000 - Front Yard Setback Less Than Allowed Chairman Plew recognized Mr. Fumarola who was seeking a variance because the new home he is constructing was measured incorrectly. It was lined up with an adjacent home, he stated. He also said he did not know about the right-of-way that wasn't shown on the tax map. As a result, he's 7 feet too close to the road after the foundation was poured. Chairman Plew explained that the applicant used the house next door as a guide; however, that house had been granted a variance previously. Chairman Plew asked if there was anyone present who wished to speak regarding the proposed variance request. Comments were received as follows: Lvdia Ferro - 710 McLean Road. - Ms. Ferro presented letters from the neighbors who were not opposed to the placement of the home. Chairman Plew read aloud the first letter, dated 7/29/08 from Ter-Jenq Huang of 722 McLean Road, which was neither in support of or against the requested variance; it just asked a pertinent question. The second letter, dated 7/29/08 from James & Lydia Ferro of 710 McLean Road, contained past history of the subject parcel, and a suggestion to prevent this type of request in the future. The third letter, dated 7/29/08, from Russell & Medora White of 737 McLean Road, contained the same verbiage as the first letter. Chairman Plew read aloud the fourth letter, dated 7/24/08, from Anna -Mae Artim of 714 McLean Road, which stated questions regarding the granting of variances, the purpose of the Code, responsibility of the "officer in charge," etc. A copy of each letter has been placed on file for the record. With everyone having been heard who wished to be heard, Chairman Plew closed the Public Hearing at 6:14 p.m. Page 3 of 8 (T) Cortlandville Zoning Board of Appeals OCT 012008 29 July 2008 alp DISCUSSION/DECISION With no further discussion, a motion was made by Member John Finn 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 O'Rourke Member Wright Member Bilodeau Motion passed. This becomes Resolution #18 of 2008. PUBLIC HEARING #4 Douglas Anthonson, Applicant/ Reputed Owner - 1369 Starr Road - TM #96.11-01-03.000 - Windmill With Height Greater Than Allowed Chairman Plew recognized Don Cole, Jr., of NY Wind & Son, the contractor for the proposed wind turbine, representing the applicant. Mr. Cole presented a packet to each of the Board members. Chairman Plew stated he had talked with Mr. Anthonson's neighbors who had no objection at all to what was being proposed. Chairman Plew asked if there was anyone present who wished to speak regarding the proposed variance request. Joshua Hodgson asked what the height limit in Cortlandville was, and CEO Weber responded it depended on what zoning district the parcel was in; the subject parcel is in a Residential District, so the maximum height limit for an accessory use is 15 feet. The height of the proposed wind turbine is 66 feet. Mr. Anthonson has pine trees on his 1.3t acre property that are higher; only those necessary will be removed for the windmill. Member O'Rourke stated that her neighbor had a windmill and they could neither see it nor hear it. Board Member John Finn asked Town Attorney John Folmer if the Town Board was, at present, looking into regulating wind turbines. Attorney Folmer responded that there is a rough draft of a proposal for legislation regulating wind turbines/farms being circulated among the Boards; comments will probably be made at the Town's next Board meeting on 6 August. In order to adopt a Local Law of this type, the Town Board will be holding a Public Hearing, and referral will also have to be made to County Planning. No time frame for doing this has been set as yet. Mr. Cole stated that the proposed wind turbine will be erected 70 feet away from any property line. With everyone having been heard who wished to be heard, Chairman Plew closed the Public Hearing at 6:22 p.m. DISCUSSION /DECISION Chairman Plew stated that he "doesn't like windmills." However, he felt there was sufficient room for it on the subject property. Page 4 of 8 OCT 012008 ai (T) Cortlandville Zoning Board of Appeals 29 July 2008 With no further discussion, a motion was made by Member O'Rourke to grant the variance to allow for a windmill with a height greater than allowed. The motion was seconded by Member Tom Bilodeau, with the vote recorded as follows: Ayes: Chairman Plew Nays: None Member Finn Member O'Rourke Member Wright Member Bilodeau Motion passed. This becomes Resolution #19 of 2008. PUBLIC HEARING #4 Joshua Hodgson, Apulicant/Lou Rathbun. Reputed Owner - 260 Hatfield Road - TM #74.00-02-03.000 - Manufactured Home That Does Not Meet Town Definition Chairman Plew recognized the applicant who was seeking a variance to place a 28 ft. by 44 ft. "doublewide" manufactured home on a foundation which will have a walk -out basement. The square footage of the home is more than required, but it is four feet longer than what is in the Code's definition, so it requires a variance. With everyone having been heard who wished to be heard, _ Chairman Plew closed the Public Hearing at 6:27 p.m. � DISCUSSION/ DECISION With no further discussion, a motion was made by Member Finn to grant the variance to allow a manufactured home that does not meet the Town definition. The motion was seconded by Member Bilodeau, with the vote recorded as follows: Ayes: Chairman Plew Nays: None Member Finn Member O'Rourke Member Wright Member Bilodeau Motion passed. This becomes Resolution #20 of 2008. II APPEAL DECISION OF CEO — CONT'D 11 Appeal Decision of Code Enforcement Officer Regarding Requirement for a Special Permit (At the 8 July 2008 Public Hearing for this case, it was the consensus of the Board to continue this Appeal until this meeting of the Zoning Board of Appeals. Reference is made to those Minutes for details.) Chairman Plew stated he would allow Attorney Scott Chatfield, representing Joseph Armideo, Chris Calabro, and Keith Pace, and Town Code Enforcement Officer Bruce Weber, each fifteen minutes to speak regarding this matter. Attorney Chatfield's clients are appealing the decision of Code Enforcement Officer Bruce Weber regarding the Cortland College Suites application Page 5 of 8 0 C T 012000 (T) Cortlandville Zoning Board of Appeals 29 July 2008 for a Site Plan Review/ Conditional Permit without being required to file an application for an Aquifer Protection District Special Permit at the same time. Chairman Plew recognized Attorney Chatfield who stated that the Board members/ involved persons should have received a memorandum, dated 15 July 2008, from him regarding this Appeal. The issue presented to the Board is "what is the appropriate meaning of the phrase residential development? This, he felt, is what defines the need for an Aquifer Pollution Prevention Permit. He then clarified his comments. CEO Weber's interpretation, he stated, "is technically correct." However, the regulations, he felt, were designed to create an additional layer of protection for the residents. Examples of "residential" were included in the memorandum, but the issue was simply "what did the Town Board mean when it used that phrase, residential development? He felt they used it the way a lay person would. He then continued on with various comparables. He concluded that the ZBA should exercise its discretion in favor of being more cautious and protective of the environment and the sole - source aquifer. Chairman Plew then recognized CEO Weber who referred to Attorney Chatfield's memorandum of 15 July 2008, wherein he talked about the technical correctness of the interpretation. CEO Weber read the definition of technical. Intent of the regulations was read aloud, "A state of mind with which an act is done." CEO Weber stated that, in 1988, it is known why the regulations were inacted; two events—pollution from an industrial source, and pollution from septic/well separations. The Town Board, in 1988, enacted the regulations in response to these. Regulations, he stated, are adopted in response to events that happened. He gave examples of causes of later regulations: big box application resulted in big box regulations, windmill application is now resulting in windmill regulations, etc. The College Suites application has been submitted to the County Coordinated Review Committee (Health Department, Highway Department, County Planning, County Soil & Water, and NYSDEC). The !�. Stormwater Regulations deal with runoff, water quality issues, and Planning Board approval is required. CEO Weber stated he had spoken with John Helgren of the Health Department and, after explaining to him why the Aquifer Permit was not required, John said he understood why. CEO Weber gave the Town's definition of an apartment house, "a family living in a dwelling unit in a multi -family structure." That, he said, is what this is, based on the definitions within the Town Zoning Ordinance. Anderson's Zoning Law looks at residential uses and looks at multi- family housing as residential uses. He then read the Town's definition of multi -family housing, "one or more dwellings on a single lot containing separate dwelling units for occupation by three or more families." "There's no definition within the Town Zoning Law that limits how many dwelling units in a multi -family dwelling," CEO Weber stated. He then read aloud the intent of the R-3 District, which included residential development. Next, he read the intent of the Business District, which also permitted residential development. All this was to demonstrate that "multiple -family dwellings are residential uses as considered by this document." CEO Weber stated that Mr. Chatfield "says that I would classify an assisted living facility as a residential use." CEO Weber stated "I have not done that." In fact, Walden Place, was classified as a nursing home; it doesn't have the heading, residential, so the interpretation was not that it was a residential use and, therefore, it would require an Aquifer Protection District Permit. Same, he stated, with Country Inns and Suites, so an APDP was required. CEO Weber then asked "would the ZBA, Planning Board, and Town Board want me to have people applying for permits when they are not needed?" The Zoning Law, he stated, is required to be strict construction. My interpretation is based on the Zoning Law. Regulations can only be changed by the Town Board. Two comments made by Attorney Chatfield were then addressed by CEO Weber. (1) When referencing the applicants applying for a Special Permit, he asked "what are they afraid of." CEO Weber said "this would seem to apply that they may have influenced my decision regarding the need for a permit. At no time did I ever request a Special Permit Application, and Page 6 of 8 0 C T 012000 (T) Cortlandville Zoning Board of Appeals 29 July 2008 they have supplied all information the Planning Board has requested. (2) Attorney Chatfield's assertion that CEO Weber "make the decision and call it a day." CEO Weber stated, "I've been doing this job for 22 years, and I have never called it a day; I've been here every day and I take this charge seriously. I ask the Board to uphold my interpretation that this is a residential development. It does not meet any of the criteria within Article X of the Zoning Code to require a Special Permit, and the applicants have not shown anything, they have not given you any indication in the regulations that this use requires a Special Permit." Attorney Chatfield then asked for "rebuttal." Chairman Plew deferred to Town Attorney Folmer who affirmed that the Chairman had established the ground rules at the opening of this appeal and the Chair could adhere to that if he wished to. Chairman Plew wanted to adhere to the established rules. Attorney Chatfield stated he agreed to the Chair's wishes that he speak first because "he didn't want to play the game." But he felt that CEO Weber had raised a couple of points to which he wanted to respond. Chairman Plew denied the request, and Attorney Chatfield asked that this be noted on the record. Chairman Plew asked if there was anyone else present who would like to make a comment. He then recognized Brian Tobin, City of Cortland Alderman, who read a letter from the Cortland City Common Council, a copy of which has been placed on file for the record. The letter concerned increase runoff/flooding in City creekbeds and its concern with construction over the City's sole -source aquifer. CEO Weber attempted to respond to the City's letter, and Attorney Chatfield rose from his chair and shouted "No, you cannot make any comments if I can't make any comments. Let's make it fair here, let's make it fair here; if I don't have the right to speak again, he doesn't either!" Town Attorney Folmer politely diffused the situation and assured Attorney Chatfield that CEO N Weber was responding to "a letter from the City of Cortland." CEO Weber continued by saying that any concerns with the flooding situation were taken care of by the Stormwater Regulations which are now under review for this project. Chairman Plew attempted to close the Public Hearing, and Attorney Chatfield objected. Attorney Folmer stated Attorney Chatfield did only utilize 12 minutes of his allotted speaking time, so Attorney Chatfield was given an additional three minutes. He stated that the term "residential use" was not the term that's in consideration before the ZBA. He conceded that the application was for a residential use, technically, under the statute. The issue, he stated, is "what is meant by residential development?" CEO Weber, who had used only 13.5 minutes of the allotted 15 minutes, responded that in 1988, when the regulations were adopted, a single-family residence can be looked at as a residential development within the Town's definitions. Attorney Folmer asked CEO Weber, for the clarification of the Board, "when was this application filed? Was it filed prior to or subsequent to the adoption of the present Local Law #1, the current Zoning Ordinance?" CEO Weber answered that the application was filed in January, so it's under the new regulations, so it's a B-3 Zone. Chairman Plew then closed the Argument of the Appeal at 7 p.m. DISCUSSION /DECISION Chairman Plew asked the ZBA members for their comments. Member O'Rourke said that she understands where Attorney Chatfield "is coming from," but after her review of all the arguments presented, she felt CEO Weber's interpretation was substantiated. Member Bilodeau stated he had no problem with the CEO's interpretation, and felt that since the housing project would be served by municipal water and sewer, and that the runoff would be covered under the Stormwater Regulations, why would an Aquifer Permit be needed for Page 7 of 8 0 C T 012008 (T) Cortlandville Zoning Board of Appeals 29 July 2008 something which he felt was very well taken care.of. He agreed with CEO Weber. Member ' Wright also stated she agreed with CEO Weber as to the intent of the law. In fact, she experienced the pollution in 1988 which caused the enactment of the Local Law #1. Board Member John Finn also commented that he agreed with CEO Weber's interpretation as well, but asked why not have the applicant request an APDP and make things easier. CEO Weber responded that if the applicant had to apply for this Permit, then they would have to go through that process. The Town Planning Board, at their meeting immediately after this one, is ready to undergo the SEQR review and they have all of the information that they have requested; there is the potential for the Planning Board to act on the Conditional Permit. Attorney Folmer stated that if this was required, the Town Board would be required at their next meeting to fix a date for a Public Hearing; there's a five-day notice to publish the legal notice. Once the Public Hearing has been conducted, the potential then exists for the Town Board to grant the Aquifer Protection District Permit. If the Town Board decided on 6 August to do this, it would add another month or so to the process. Member Finn stated he had no further questions. After a brief consultation with Board members and the Town Attorney, a motion was made by Member Finn that the Town of Cortlandville Zoning Board of Appeals upholds the Code Enforcement Officer's interpretation of the Town's Zoning Code relating to Residential Development. The motion was seconded by Member Wright, with the vote recorded as follows: Ayes: Chairman Plew Nays: None Member Finn Member O'Rourke Member Wright Member Bilodeau Motion passed. This becomes Resolution #21 of 2008. Adiournment At 7:07 p.m., a motion was made by Member O'Rourke to adjourn the meeting. The motion was seconded by Member Wright, with all Board members present voting in the affirmative. Jo ' " Fitch, Secretary Zone zg Board of Appeals Page 8 of 8 E-mailed 9/29/08. Original delivered. 0 OCT 012008 David Plew, Chairperson Zoning Board of Appeals Town of Cortlandville Raymond G. Thorpe Municipal Building 3577 Terrace Road Cortland, N.Y. 13045 July 29, 2008 Dear Mr. Plew: In regard to a variance requested for property located at 697 McLean Road. Didn't the Building Permit and Plot Plan show that the request was in violation before any advanced construction? It isn't likely that the Variance will ber denied since the foundation, side walls and roof trusses are all in place. It is our hope that future situations will be avoided with proper applications requested before any construction begins and enforcement of the Building Codes. Sincerely. Z2 2 McL&4 1,/ j2oti D CGkTt. o, N y i3 o'F-S- 31 0 C T 012008 710 McLean Road Cortland, N.Y. 13045 July 29, 2008 David Plew, Chairperson Zoning Board of Appeals Town of Cortlandville Raymond G. Thorpe Municipal Building 3577 Terrace Road Cortland, N.Y. 13045 Dear Mr. Plew: The house under construction at 697 McLean Road has foundation, sidewalls and trusses installed. It is obvious a Variance will be granted. This is the third Variance request in succession in our neighborhood. A Variance request by a former resident resulted in vengeful actions to the residents on the opposite side of the street because neighbors rebelled against the Variance: Since those neighbors have moved away, we were left with an open eye sore in the neighborhood because no door was ever installed to conceal the ever growing collection of stored items. Shortly after the above mentioned situation, another front line variance was requested by a builder. Because we neighbors had such an unpleasant experience with the first situation, we collectively agreed not to attend the Variance Public Hearing. The construction did not affect neighboring properties. We are hopeful that in the future the Town of Cortlandville Zoning Board will request Building Permits and Plot Plans before construction begins followed by enforcement with inspections from the Code Enforcement Officer. We are grateful that our neighborhood consists of friendly, supportive people and we wish to keep it that way. We appreciate the opportunity to express our concerns for future Building Code Enforcement. Sincerely, James Ferro Lydia Ferro 3a S3 0 C T 012000 David Plew, Chairperson Zoning Board of Appeals Town of Cortlandville Raymond G. Thorpe Municipal Building 3577 Terrace Road Cortland, N.Y. 13045 July 29-,2008 Dear Mr. Plew: In regard to a variance requested for property located at 697 McLean Road. Didn't the Building Permit and Plot Plan show that the request was in violation before any advanced construction?, It isn't likely that the Variance will ber denied since the foundation, side walls and roof trusses are all in place. It is our hope that future situations will be avoided with proper applications requested before any construction begins and enforcement of the Building Codes. Sincere y. ' 0 C T U 12008 July 24, 2008 Mr. David Plew, Chairperson Zoning Board of Appeals Town of Cortlandville Raymond G. Thorpe Municipal Building 3577 Terrace Road Cortlandville, New York 13045 Dear Mr. Plew: 3q I am in receipt of your announcement of the July 29, 2008 meeting of the Zoning Board of Appeals of the Town of Cortlandville. Unfortunately, I will be out of town tending to an ill family member in Pennsylvania and will not be able to attend the meeting. The meeting announcement, however, does provoke a number of questions that come to mind regarding the variances listed in the document. As I read the listing, these variances for which exceptions to zoning codes are being sought appear to be for conditions that "already exist" at the specified locations... at least it is true of Item No. 3 which is in close proximity to my own home. How do these conditions arise to begin with? Doesn't an individual have an obligation by law to seek a permit from the Zoning Board before construction or installation of structures on a property? What .is the purpose of zoning codes if they are flagrantly disregarded? What is the responsibility of the officer in charge before the condition presents itself as a "variance?" I recall only too well a variance requested by a former resident on the opposite side of the street from my property whose installed carport was in violation of zoning codes. We neighbors rebelled at an appeal meeting, resulting in a threat to my safety from the appealing resident. Since that couple has moved away, the threat no longer exists. But the decision of the Zoning Board to have the carport moved and turned around to face the street has resulted in an open eyesore in the neighborhood since no door was ever added to conceal the growing collection of items stored inside. The consequent unpleasant view is a constant irritant to all neighbors living on the opposite side of the street. So what could be the result of the appeal for the listed variances? Would a structure already in place with foundation and walls be subject to be moved? Not likely. It appears that rather than exceptions to the zoning codes, what is needed is tightening up of adherence to the codes before conditions arise and scrupulous compliance to codes by all individuals responsible for carrying them out. In spite of the cranky tone of this letter, my desire to reside in a harmonious and peaceful neighborhood with residents who share similar concerns of our common environment rates very highly on my own list of codes to follow. I am very pleased and grateful to have friendly, supportive neighbors whose interchange is a valuable asset to me in having chosen to live in Cortlandville. We are interested in improving our neighborhood to the advantage of all residents. Thank you for the opportunity to express my views. Sincerely, Anna -Mae Artim 714 McLean Road Cortlandville, NY 13045 F� (T) CORTLANDVILLE OCT 0 12000 ATTENDANCE SHEET ZONING BD. OF APPEALS 3s MEETING OF e, '201-08 (Your attendance is recorded in the meeting Minutes.) _ *P*HRIoNAMS'> Name:/ e . Y�- pa) Uip-►2s Representing/ Regarding: DO vs fiH 6.13 0A/ ) r V /fib �s t)odj 4-n LP f`/ GC Complete Address: /315' J%Vox - 70U,5 6q 7 P -d Zb6tM b q7 �I cjCe, W 0,,tPN X00 J��ol� eco\. 1( 3352 <�7 uAle xl cSJ i V f ttEqv A r. IL orb ! OCT 3 0 2008 TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS Public Hearings/ Meeting Minutes - Tuesday, 26 August 2008 - 6 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 Patricia Wright Applicants & Public Present David Moro of Kassis Sign Company, Applicant; Chris Sweeney of Petr -All Petroleum Corp., Applicant; Jim & Diane Bran?? (illegible -not printed), Grace Meddaugh. 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, August 26, 2008, 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 Petr All Petroleum Corporation for property located at the intersection of Route 11 & 41 in Polkville, Tax Map No. 97.02-01-01.000, for a variance in the terms and conditions of Article XVII, Section 178-113, Table 2 of such Zoning Law to allow for non- conforming signs to be increased in height. 2. In the matter of the application of Kassis Sign Company (Anytime Fitness) for property located at 3939 NYS Route 281 in the West Road Plaza, Tax Map No. 86.13-01-45.220, for a variance in the terms and conditions of Article XVIII, Section 178-112, Table 2 of such Zoning Law to allow for a building -mounted sign to be illuminated. 3. In the matter of the application of Kassis Sign Company (Hollywood Video) for property located at 3936 NYS Route 281, Tax Map No. 86.13-01-65.100, for a variance in the terms and conditions of Article XVIII, Section 178-112, Table 1 of such Zoning Law to allow for an additional illuminated building - mounted sign. 4. In the matter of the application of Christopher Risavi for property located at 784 McBean Lane, Tax Map No. 95.00-02-13.000, for a variance in the terms and conditions of Article IV, Section 178-17 A, of such Zoning Law to allow for 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. Communications in writing in relation thereto may be filed with the Board or at such hearing. Dated: August 15, 2008 Page 1 of 4 David Plew, Chairperson Zoning Board of Appeals 3C OCT `02000 (T) Cortlandville Zoning Board of Appeals 26 August 2008 PUBLIC HEARING # 1 Petr -All Petroleum Corp.. Applicant/ Reputed Owner - US Route 11 Intersection w/NYS Route 41 (Polkville) - TM #97.02-01-01.000 - Sign Height Chairman Plew recognized Chris Sweeney, representing the applicant who stated that the existing Mobil gas station at this location was converting to a Sunoco; therefore, they wanted to replace the existing signs with new signs on the existing foundation. The height will be 21 feet for the new sign, while it is 17 feet for the existing sign. He stated that the actual square footage will be smaller. Chairman Plew asked Mr. Sweeney what the hardship would be if the requested variance was denied. The applicant's rep responded that the signs are old and need to reflect the change in company. The sign changes electronically. He also added that they are doing 42 conversions from Mobil to Sunoco across the State, and most signs will all be the same. In addition, to order a shorter one would be a special order which would cost more. 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 6:55 p.m. DISCUSSION/DECISION With no further discussion, a motion was made by Member John Finn to grant the variance, as requested. The motion was seconded by Member Patricia Wright, with the vote recorded as follows: Ayes: Chairman Plew Nays: None Member Finn Member O'Rourke Member Wright Absent: Member Bilodeau Motion passed. This becomes Resolution #22 of 2008. PUBLIC HEARING #2 Kassis Sign Comvanv. Applicant/ Carter Development, Reputed Owner - 3939 NYS Route 281 (Anytime Fitness) - TM #86.13-01-45.220 - Illumination of Building -Mounted Sign Chairman Plew recognized David Moro, representing the applicant who was seeking a variance to illuminate the sign that is already on the building. This business, Anytime Fitness, will be operating 24 hours per day, 7 days per week. The letters will all be lighted. Member Finn suggested granting the variance for illumination of the sign only during business hours, in case the hours of operation should change. 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 p.m. Page 2 of 4 3-7 0 C T 3 0 2008 (T) Cortlandville Zoning Board of Appeals 26 August 2008 DISCUSSION/ DECISION With no further discussion, a motion was made by Member Wright to grant the variance for the building-mounnted sign to be illuminated during business hours. The motion was seconded by Member O'Rourke, with the vote recorded as follows: Ayes: Chairman Plew Nays: None Member Finn Member O'Rourke Member Wright Absent: Member Bilodeau Motion passed. This becomes Resolution #23 of 2008. PUBLIC HEARING #3 Kassis Sian Companv. Applicant/Cortland Station. Inc.. Reputed Owner - 3936 NYS Route 281 (Hollvwood Video) - TM #86.13-01-65.100 - Additional Illuminated Building - Mounted Sian Chairman Plew recognized David Moro, representing the applicant who was seeking a variance to place a second illuminated building -mounted sign on this business where indicated on the diagram accompanying the application. The existing sign would be reduced from 69 square feet to 39 square feet, and then a second 30 square foot sign, "Game Crazy," would be placed where indicated, making the total square footage of the signs the same. Chairman Plew noted there was an existing "Game Crazy" sign in the front window and asked if it would remain. Mr. Moro stated it would be removed; CEO Weber advised that the sign inside the window was not a violation. 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 7:03 p.m. DISCUSSION/ DECISION With no further discussion, a motion was made by Member O'Rourke to grant the variance for an additional illuminated building -mounted sign, as requested, with the existing in- store "Game Crazy" sign in the window to be removed. The motion was seconded by Member Wright, with the vote recorded as follows: Ayes: Chairman Plew Nays: None Member Finn Member O'Rourke Member Wright Absent: Member Bilodeau Motion passed. This becomes Resolution #24 of 2008. Page 3 of 4 3F OCT 3 0 2000 (T) Cortlandville Zoning Board of Appeals 26 August 2008 II PUBLIC HEARING #4 Christopher RisavL Applicant/Reputed Owner - 784 MacBean Lane - TM #95.00-02- 13.000 - Front Yard Less Than Allowed Chairman Plew recognized the applicant who was seeking a variance to construct a 9 ft. by 8 ft. porch on the front of his home as shown on the sketch accompanying the application. The addition would make the front yard setback less than required by approximately six feet. Mr. Risavi explained that he needed to improve the front access to his home in order to more easily move furniture in and/or out. He then presented the Board with a letter from his neighbors who had no objecting to the granting of the variance. 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 7:07 p.m. DISCUSSION/ DECISION With no further discussion, a motion was made by Member Finn to grant the variance for a front yard less than allowed, as requested. The motion was seconded by Member Wright, with the vote recorded as follows: Ayes: Chairman Plew Nays: None Member Finn Member O'Rourke Member Wright Absent: Member Bilodeau Motion passed. This becomes Resolution #25 of 2008. Approval of Minutes - 8 Julv 2008 A motion was made by Member Finn to approve the Minutes of the 8 July 2008 meeting of the Zoning Board of Appeals, as submitted. The motion was seconded by Member O'Rourke, with the vote recorded as follows: Ayes: Chairman Plew Nays: None Member Finn Member O'Rourke Member Wright Absent: Member Bilodeau Motion passed. This becomes Resolution #26 of 2008. Adiournment At 7:09 p.m., a motion was made by Member Wright to adjourn the meeting. The motion was seconded by Member O'Rourke, with all Board members present voting in the affirmative. J*n E. Fitch, Secretary Zoning Board of Appeals E-mailed 10/29/08. Original delivered. Page 4 of 4 3q (T) CORTLANPVILLE OCT 3 0 2008 ATTENDANCE SHEET ZONING BD. OF APPEALS Z16 M.EETiNr. OF A-29-6 8 (Your attendance is recorded in the meeting Minutes.) <11MELN Name: Representing/ Regarding: ;tf arL- 0 vin -e-1 hv. Complete Address: -tZ 7-< Lel 6� bn ri f- D s i NOV 10 2000 TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS Public Hearings/ Meeting Minutes - Tuesday, 30 September 2008 - 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 *Patricia Wright Applicants & Public Present Donald Gardner, Applicant; Michael Buchalla, Applicant; Jeanne Hulbert, Applicant; Carolyn Dorn, Mr. Hulbert (there, but did not sign in), Mary & Jack Buttino, Lisa & Rochelle Foster, Chris Mott, Tim & Adelaide Carmody, Mike & Kathleen Reagan, Brenton Michales, Donald & Patty Romer. 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, September 30, 2008, 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 Michael Buchalla for property located on Starr Road, Tax Map No. 96.10-01-35.000, for a variance in the terms and conditions of Article V, Section 178-20, of such Zoning Law to allow for a storage building in an R-2 District. 2. In the matter of the application of Jeanne Hulbert for property located at 1 Kinney Lane, Tax Map No. 96.06-02-09.100, for a variance in the terms and conditions of Article V, Section 178-21 A 1, of such Zoning Law to allow for a rear yard less than allowed. 3. In the matter of the application Donald Gardner for property located at 3641 Parti Drive, Tax Map No. 96.00-14-11.000, for a variance in the terms and conditions of Article V, Section 178-21, of such Zoning Law to allow for a storage building in an R-2 District. 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: September 18, 2008 Page 1 of 5 David Plew, Chairperson Zoning Board of Appeals q/ (T) Cortlandville Zoning Board of Appeals NOV 18 2008 30 September 2008 lqa I� PUBLIC HEARING # 1 Michael Buchalla, Applicant/Big B Enterprises, LLC. Reputed Owner - Starr Road - TM #96.10-01-35.000 - Storage Building in R-2 District Chairman Plew recognized Michael Buchalla who was seeking a variance to construct a 40 ft. by 80 ft. storage building on this property which he plans to purchase if the variance is granted. He planned to store supplies and equipment for his roofing/ siding business in the proposed building. When asked by Chairman Plew to describe his hardship, the applicant stated the subject property was convenient to his home on Lamont Circle and land was "tough to come by." He planned to construct the building "within the next two years." Price was also a factor. In discussing a timeline, CEO Weber advised the applicant that he had 60 days to file for a Building Permit after a variance is received, and then have the building completed within one year. If not completed, the variance would be null and void and the applicant would have to start the process all over again. Also, if the variance is granted, the applicant would have to appear before the Planning Board for a Conditional Permit. Board Member Tom Bilodeau asked the applicant how often he would be visiting the storage building if it was constructed, and Mr. Buchalla estimated about twice a day. Chairman Plew asked if there was anyone present who wished to speak regarding the proposed variance request; comments were received as follows: Mike Reagan - 1181 Starr Road - Neighbor to the east. Asked to look at the applicant's site plan. Asked if it would be used for rentals; applicant responded no, it was just for his own use, and there will be no outside storage. Asked CEO how variance works, and CEO Weber indicated a variance would go with the property. MR asked about lighting, and applicant stated he may have inside lighting and/or a motion light on the outside; no plans for lighting at this point. MR would like any outside lighting confined to the property. Lisa Foster - 3596 Parti Drive - Asked if proposed building could be seen from the road. Applicant not sure as there are trees and building would be placed as far back as it could go. Didn't want it to be noticed. LF not concerned if it's not visible and there's no traffic per se. Pattv Romer - 1248 Starr Road - Concerned with possible drainage problems. CEO Weber responded that given the small size of the project, a Stormwater management plan is not required. With everyone having been heard who wished to be heard, Chairman Plew closed the Public Hearing at 7:03 p.m. DISCUSSION /DECISION Board members reviewed the lighting and traffic, plus outside storage. At the conclusion of the brief discussion, a motion was made by Member Joann O'Rourke to grant the variance to allow a storage building in an R-2 District, conditioned upon there being only one outside motion -sensing light and no outside storage. The motion was seconded by Member John Finn, with the vote recorded as follows: Ayes: Chairman Plew Nays: None Member Bilodeau Member Finn Member O'Rourke Absent: Member Wright Motion passed. This becomes Resolution #27 of 2008 Page 2 of 5 N 0 V 18 2008 (T) Cortlandville Zoning Board of Appeals 30 September 2008 PUBLIC HEARING #2 Jeanne Hulbert, Applicant/ Reputed Owner - 1 Kinnev Lane - TM #96.06-02-09.100 - Rear Yard Less Than Allowed Chairman Plew recognized the applicant who was seeking a variance to construct a 30 ft. by 22 ft.± addition on her home because there is no space "to get around her dining room table" and husband needs a larger bedroom as he's on oxygen and needs space to get away from the large family. A 40 -foot setback is required and the addition would have a setback of 29 feet. Chairman Plew asked if there was anyone present who wished to speak regarding the proposed variance request; comments were received as follows: Tim Carmodv - 27 Isabel Drive - Directly behind subject property. Size of existing building is very large—well over 5000 SF. It's two stories on a double lot. Rest of homes are much smaller. Questions why a 600± SF addition is required. Applicant responded that the second floor was "all barn"—one big room. There's a woodshed on the first floor which is considered part of the barn. Member O'Rourke asked the applicant if she could expand into the first -floor barn area where the furnace is. The applicant stated this would not be feasible as it would "wreck the whole place." When asked if someone used the woodshop area, the applicant responded no, but there was a workbench and odds and ends of tools in there. Roughly, this area is about 60 ft. by 20 ft., and the unoccupied upstairs "barn area" is roughly 30 ft. by 60 ft., all of which is not being used. The upstairs portion has no headroom. CEO Weber added that the second floor may not be able to be used for habitable space. Chair Plew asked the applicant the reason for not being able to use the area where the furnace is, and she responded that they would have to tear out the entire kitchen. Member O'Rourke asked if she wouldn't have to remove a wall to construct the addition, and Ms. Hulbert responded yes. Chairman Plew suggested using a door. Chris Mott - 25 Isabel Drive - Purchased his home 1.5 years ago. Had problem with accumulated trash on subject property: farm machinery, trailers, 55 -gal. barrels containing ???; piles of debris, broken fences, old sheds recently hauled there and covered with tarps, etc. There are three separate entrances, 2 down, 1 up, on subject building. According to National Grid, up until 1999 the subject property had three separate meters; there's addition upon addition upon addition. It's a fire hazard. Strongly opposed to addition considering amount of space they have; they could utilize what they have. With everyone having been heard who wished to be heard, Chairman Plew closed the Public Hearing at 7:20 p.m. DISCUSSION /DECISION Member O'Rourke asked about issues of unkempt property, and CEO Weber stated this was a separate issue from the variance request. Chairman Plew thought there was a hardship because of the upstairs and Mr. Hulbert's medical condition. However, he felt there was plenty of room downstairs, wall or no wall, to accommodate the needed expansion. It would be less expensive to renovate the lower "barn area" than to erect an addition. When asked by Member O'Rourke if he had a construction estimate or contractor, Mr. Hulbert stated he would build the addition himself. Page 3 of 5 q3 N 0 V 18 2000 (T) Cortlandville Zoning Board of Appeals 30 September 2008 With no further discussion, a motion was made by Member John Finn to deny the variance to allow for a rear yard less than allowed. The motion was seconded by Member O'Rourke, with the vote recorded as follows: Ayes: Chairman Plew Nays: None Member Bilodeau Member Finn Absent: Member Wright Member O'Rourke Motion passed. This becomes Resolution #28 of 2008. PUBLIC HEARING #3 Donald Gardner, Applicant/Cortland Environmental Group, Reputed Owner - Starr Road - TM #96.00-14-11.000 - Storage Building in R-2 District Chairman Plew recognized the applicant who was seeking a variance to construct a 30 ft. by 60 ft. storage building in an R-2 District where it is not permitted. Mr. Gardner stated he needed a place to store a boat, classic car, plow truck, etc. He presently rents storage space from the Musci's down the road. Eventually, he hopes to build himself a single -story house and would live there. He's in the process of purchasing the property. The building is similar to a neighbor's building. There would be no outside storage, but there would eventually be an outside light. The proposed building would have a nice appearance and "blend in with everybody else's." Chairman Plew asked if there was anyone present who wished to speak regarding the proposed variance request. Comments were received as follows: Lisa Foster - 3596 Parti Drive - Asked location of building, and Mr. Gardner showed her the location. Building would "sit in a hollow." She was concerned that storage buildings would come into the residential area. Proposed building should look like residential garage and not a "big old Morton building." Applicant stated it would not look any different than what is in the area now, and would be three tones of gray. She's okay with building as long as it looks residential and not commercial, and is for his own personal use and not to be rented. CEO Weber asked what the height of the building would be, and Mr. Gardner stated he did not know at this time. He stated it would have to be at least 10 feet to accommodate his boat, and would probably have a 12 -foot door. With everyone having been heard who wished to be heard, Chairman Plew closed the Public Hearing at 7:35 p.m. DISCUSSION/ DECISION CEO Weber advised that the building height limit is 15 feet; if an addition to a residence, it could be higher. If a 10 -foot door, it would probably have about 12 -ft. side walls, so overall height would be more than allowed, i.e., 18 to 20 feet. Member O'Rourke asked the location of the subject property in relation to the Buchalla property, and CEO Weber advised it was across the road and to the south, but in the same neighborhood. Member Finn asked about the lay of the land, and Mr. Gardner described the topography. CEO Weber stated that the Buchalla request was for a commercial use, while Mr. Gardner's is not. Page 4 of 5 Yy NOV 18 2008 (T) Cortlandville Zoning Board of Appeals 30 September 2008 With no further discussion, a motion was made by Member Tom Bilodeau to grant the variance for the storage building, with a maximum height of 20 feet, in an R-2 District. The motion was seconded by Member O'Rourke, with the vote recorded as follows: Ayes: Chairman Plew Nays: None Member Bilodeau Member Finn Absent: Member Wright Member O'Rourke Motion passed. This becomes Resolution #29 of 2008. Auvroval of Minutes - 29 July 2008 A motion was made by Member Finn to approve the Minutes of the 29 July 2008 meeting of the Zoning Board of Appeals, as submitted. The motion was seconded by Member O'Rourke, with the vote recorded as follows: Ayes: Chairman Plew Nays: None Member Bilodeau Member Finn Absent: Member Wright Member O'Rourke Motion passed. This becomes Resolution #30 of 2008. - Adjournment At 7:42 p.m., a motion was made by Member Finn to adjourn the meeting. The motion was seconded by Member O'Rourke, with all Board members present voting in the affirmative. JOA E. Fitch, Secretary Z/ping Board of Appeals �J Page 5 of 5 E-mailed 11/17/08. Original delivered. bt5' NOV 18 2000 4� ' J ATTENDANCE SHEET (T) CORTLANDMI,E ZONING BD, OF APPEALS MEETING (Your attendance is recorded in the meeting Minutes.) ( . �PRIN &P> Name: Rimy q �gce rliNO i iSa + R n'- wh L i*mss ooh ddtlaidr, 6arn Representing/ Regarding: Complete Address: V,q241,j0e - la 410 5/:;w d. -7, abeC I)-c->iU(2 ,` ct i r. JAN 2 8 2000 q7 y TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS Public Hearings/ Meeting Minutes - Tuesday, 18 November 2008 - 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 Patricia Wright Auulicants & Public Present Richard Jackson, Applicant; Heidi Raulsten (Boardman), Applicant; Grace Meddaugh. 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, November 18, 2008, 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 Richard Jackson for property located on Tower Road, Tax Map No. 106.00-01-54.000, for a variance in the terms and conditions of Article III, Section 178-11, of such Zoning Law to allow for a storage building in an Agricultural District. 2. In the matter of the application of Heidi Raulsten for property located at 3438 South Hill Road, Tax Map No. 98.00-04-14.000, for a variance in the terms and conditions of Article III, Section 178-14 A, of such Zoning Law to allow for a two-family with a lot area 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. David Plew, Chairperson Dated: November 7, 2008 Zoning Board of Appeals PUBLIC HEARING # 1 Heidi Raulsten. Auulicant/Reuuted Owner - 3438 South Hill Road (McGraw) - TM #98.00- 04-14.000 - Lot Area Less Than Allowed Chairman Plew advised those present that he would abstain from commenting or voting on this appeal as his wife is the selling agent of the subject property; he then turned the matter over to Acting Chair John Finn. Page J. of 3 JAN 2 8 2009 (T) Cortlandville Zoning Board of Appeals 18 November 2008 Acting Chair Finn asked the appellant to explain why she needed a variance. Ms. Raulsten explained that she had purchased the subject property 12 years ago and has used it as a single-family residence, although when she purchased it, it was a two-family. She has left the second kitchen in place. Her family has now outgrown this home, and she wishes to "put it back" to a two-family home and place it on the market for sale. The home has a potential buyer, but the mortgage company is requiring a Certificate of Occupancy, and Ms. Raulsten has since determined that the property never had a Certificate. CEO Weber explained that a variance was needed as the lot is too small for a two-family residence (two acres is now required). In addition, she will need Site Plan Approval from the Planning Board, plus an Aquifer Protection District Permit. He also explained that since the home has been used as a single-family, in order to revert back to the original two-family, current regulations need to be met. Acting Chair Finn 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, Acting Chair Finn closed the Public Hearing at 6:50 p.m. DISCUSSION/DECISION The Board acknowledged receipt of the Cortland County Planning Department's comments, a copy of which has been placed on file for the record. At the conclusion of a brief discussion, a motion was made by Acting Chair Finn to grant the variance for a two-family residence with a lot area less than allowed, incorporating the recommendations contained in the Cortland County Planning Department's memo to the Cortland County Planning Board, dated 11/14/08. The motion was seconded by Member Joann O'Rourke, with the vote recorded as follows: Ayes: Motion passed. Acting Chair Finn Member Bilodeau Member O'Rourke Nays: None Abstain: Chairman Plew Absent: Member Wright This becomes Resolution #31 of 2008 PUBLIC HEARING #2 Richard Jackson. Annlicant/Reuuted Owner - Tower Road - TM #106.00-01-54.000 - Storage Building in an Ag District Chairman Plew recognized the applicant who was seeking a variance to construct a 60 ft. by 32 ft.t storage building (with a 16 ft. door) in an Agricultural District. Mr. Jackson advised that he wants the building to store hay, his plow truck, etc., thereby cleaning up his property. Chairman Plew asked the applicant to explain what hardship there would be if he did not receive the requested variance, and Mr. Jackson stated that the lot is 89 feet wide by 462 feet deep, which would prevent its use "because I couldn't dispose of the property as nobody else can do anything with it." When asked who owned the property next door (#53, a woodlot), he replied that it was owned by his son and daughter. CEO Weber explained that the subject is an existing lot and, conceivably, a home could be constructed there. Chairman Plew asked if there was anyone present who wished to speak regarding the proposed variance request; there was no one. Page 2 of 3 ID JAN 2 8 2009 IN (T) Cortlandville Zoning Board of Appeals 18 November 2008 With everyone having been heard who wished to be heard, JChairman Plew closed the Public Hearing at 6:58 p.m. (Note: Board Member Patricia Wright arrived at 7:00 p.m.) DISCUSSION /DECISION Chairman Plew acknowledged receipt of the Cortland County Planning Department's comments of 14 November 2008, a copy of which has been placed on file for the record. After a brief discussion, a motion was made by Member Patricia Wright to grant the variance to allow for a storage building in an Ag District. The motion was seconded by Member Tom Bilodeau, with the vote recorded as follows: Ayes: Chairman Plew Nays: None Member Bilodeau Member Finn Member O'Rourke Member Wright Motion passed. This becomes Resolution #32 of 2008. Approval of Minutes - 30 September 2008 A motion was made by Member O'Rourke to approve the Minutes of the 30 September 2008 meeting of the Zoning Board of Appeals, as submitted. The motion was seconded by Member Bilodeau, with the vote recorded as follows: Ayes: Chairman Plew Nays: None Member Bilodeau Member Finn Member O'Rourke Member Wright Motion passed. This becomes Resolution #33 of 2008. Adiournment At 7:15 p.m., Chairman Plew adjourned the meeting. Aara-.--Fitch, Secretary Zoning Board of Appeals Page 3 of 3 E-mailed 1/26/09. Original delivered. JAN 2 8 2009 56. ATTENDANCE SHEET (T) CORTLANDVILLE ZONING BD. OF APPEALS MEETING OF)) ' ato 8 4 (Your attendance is recorded in the meeting Minutes.) ��rt�aVitrr Name: Regarding: Complete Address: 1 f�$ S. �hll) l�-f�C7 �1()l Jr\-CRS0(1— S-eW 1S6q Sit Za,--OMllTOF.-,A,PPE-ALS M-eet1ng- ,Only