HomeMy WebLinkAbout2007TOWN OF CORTLANDVILLE
INDEX - ZONING BOARD OF APPEALS
2008
RESOLUTION
DATE NUMBER PAGE
01/29/2008 1 ROBERT & MARILEE COMERFORD 01
APPLICANTS/RO' S
730 MCLEAN RD. VARIANCE
95.11-03-06.000 GRANTED
2
APPROVE ZBA MINUTES OF MARCH 27,
02
2007 MAY 29, 2007 AND JUNE 27, 2007.
03/04/2008 3
E. DOUGLAS CLARK, APP/RO
04
4019 NYS ROUTE 281 VARIANCE
86.09-01-24.000 POSTPONED
4
APPROVE ZBA MINUTES OF APRIL 24, 2007,
- 05
JULY 31, 2007, SEPTEMBER 25, 2007,
OCTOBER 23, 2007, NOVEMBER 27, 2007
AND JANUARY 29, 2008.
03/25/2008 5
JM MCDONALD SPORTS COMPLEX, APP
07
SUIT-KOTE CORP., RO
NYS ROUTE 281 & FISHER AVE. VARIANCE
76.18-01-08.000 GRANTED
6
TAMMY L. THOMAS, APP/RO
07
4285 NYS ROUTE 281 VARIANCE
76.18-01-23.000 GRANTED
7.
GLENN M. GOLDWYN, APP/RO
08
681 HOY RD VARIANCE
85.00-01-18.000 GRANTED
8 .
E. DOUGLAS CLARK, APP/RO
09
4019 NYS ROUTE 281 VARIANCE
86.09-01-24.000 GRANTED
9
APPROVE ZBA MEETING MINUTES OF
10
MARCH 4, 2008.
05/27/2008 10
GARY & VIVIAN CROSS, APP/RO'S
12
3662 PAGE GREEN ROAD VARIANCE
96.12-01-15.000 GRANTED
TOWN OF CORTLANDVILLE
INDEX -ZONING BOARD OF APPEALS
2008
i�
}
RESOLUTION
DATE NUMBER
PAGE
05/27/2008 11
APPROVE ZBA MINUTES OF MARCH 25,
13
2008.
07/08/2008 12
WILLIAM BUCHANAN, APP
16
CORTLAND MHP ASSOCIATION, RO
21 LORRAINE DRIVE VARIANCE
96.09-04-10.000 GRANTED
13
STEVEN KLINE, APP/RO
16
.3969 HIGHLAND RD VARIANCE
85.15-01-13.000 GRANTED
APPEAL
REDDING HUNTER INC., APP
17
WITHDRAWN
1086 TOMPKINS ST VARIANCE
BY APPLICANT
96.09-01-58.0000 WITHDRAWN
14
ED.BENNEDY, APP/RO
17
2329 BACON ROAD VARIANCE
97.02-01-14.200 GRANTED
BOARD
APPEAL DECISION OF CODE
18
CONSENUS
ENFORCEMENT OFFICER
REGARDING REQUIREMENT
FOR A SPECIAL PERMIT. Consensus,
of the Board to continue appeal until
July 29, 2008.
15
APPROVE ZBA MEETING MINUTES
20
OF MAY 27, 2008.
07/29/2008 16
KATHLEEN A. HALL, APP/RO
24
328.1 PENDLETON ST. EXT. VARIANCE
107.00-01-02.000 GRANTED
17
RONALD HARTLEY, APP/RO
24
3352 GUNZEN DR. VARIANCE
95.18-01-43.000 GRANTED
18
ALEX FUMAROLA/ DONNA POWERS
25
697 MCLEAN RD VARIANCE
95.11-04-03.000 GRANTED
19
DOUGLAS ANTHONSON, APP/RO
26
1369 STARR ROAD VARIANCE
96.11-01-03.000 GRANTED
TOWN OF CORTLANDVILLE
INDEX - ZONING BOARD OF APPEALS
2008
RESOLUTION
DATE NUMBER PAGE
07/29/2008 20 JOSHUA HODGSON, APP 27
L. RATHBUN, RO
260 HATFIELD RD VARIANCE
74.00-02-03.000 GRANTED
21 APPEAL DECISION OF CODE ENFORCEMENT 27
OFFICER REGARDING REQUIREMENT FOR A
SPECIAL PERMIT- Town of Cortlandville Zoning
Board of Appeals upholds the Code Enforcement
Officer's interpretation of the Town's Zoning Code
Relating to Residential Development.
08/26/2008 22 PETR-ALL PETROLEUM CORP., APP/RO 37
US ROUTE 1 l/NYS ROUTE 41 VARIANCE
97.02-01-01.000 GRANTED
23 KASSIS SIGN COMPANY, APP 37
CARTER DEVELOPMENT, RO
3939 NYS ROUTE 281(ANYTIME FITNESS)
VARIANCE
86.13-01-45.220 GRANTED
24 KASSIS SIGN COMPANY, APP 38
CORTLAND STATION, INC., RO
3936 NYS ROUTE 281 (HOLLYWOOD VIDEO)
VARIANCE
86.13-01-65.100 GRANTED
25 CHRISTOPHER RISAVI, APP/RO 39
784 MACBEAN LANE VARIANCE
95.00-02-13.000 GRANTED
26 APPROVE ZBA MINUTES OF JULY 8, 2008 39
09/30/2008 27 MICHAEL BUCHALLA, APP 42
BI G B ENTERPRISES, RO
STARR ROAD VARIANCE
96.10-01-35.000 GRANTED
28 JEANNE HULBERT, APP/RO 43
I KINNEY LANE VARIANCE
96.06-02-09.100 DENIED
TOWN OF CORTLANDVILLE
INDEX - ZONING BOARD OF APPEALS
2008
RESOLUTION
DATE NUMBER
PAGE
09/30/2008 29
DONALD GARDNER, APP
44
CORTLAND ENVIR.GROUP, RO
STARR ROAD VARIANCE
96.00-14-11.000 GRANTED
30
APPROVE ZBA MINUTES OF JULY 29, 2008
45
11/18/2008 31
HEIDI RAULSTEN, APP/RO
47
3438 SO. HILL ROAD VARIANCE
98.00-04-14.000 GRANTED
32
RICHARD JACKSON, APP/RO
48
TOWER ROAD VARIANCE
106.00-01-54.000 GRANTED
33
APPROVE ZBA MEETING MINUTES OF
49
SEPTEMBER 30, 2008.
-MAR 0 4 2000
INDEX of ACTIONS - 2008
(T) CORTLANDVILLE ZONING BOARD OF APPEALS
\` MEETING I RESOLUTION I
MSS_ DESCRIPTION
1/29/08 1 ROBERT & MARILEE COMERFORD, APPLICANTS/REPUTED OWNERS - 730 McLean,
Road - TM #95.11-03-06.000 - Variance GRANTED for front addition closer to
property line than allowed.
2 APPROVED MINUTES OF 3/27, 5/29, AND 6/26/07, as submitted.
✓ice � G
- Joan E. Fitch, Board Secretary
To: Karen/Kris via fax (756-4659) & email & via email to TB, JO, PW, JF, BW & TW.
From: Joan
Page 1 of 1
MAR 2 5 2008
INDEX of ACTIONS - 2008
(T) CORTLANDVILLE ZONING BOARD OF APPEALS
MEETING I RESOLUTION I
DAT NQ DESCRIPTION
3/4/08 3 E. DOUGLAS CLARK, APPLICANT/REPUTED OWNER - 4019 NYS Route 281 (Doug's
Power Sports) - TM #86.09-01-24.000 - Variance request for sign closer to
property line than allowed, and a building -mounted sign to be illuminated,
POSTPONED until 25 March 2007 ZBA meeting to allow applicant/rep to be present
4 APPROVED ZBA MEETING MINUTES OF 4/24, 7/31, 9/25, 10/23, and 11/27/2007,
and 29 January 2008, as submitted.
oan E. Fitch, Board Secretary
Sent to: Karen/Kris via fax (756-4659) & email, & via email to TB, JO, PW, JF, BW
& TW on 3/5/08.
Page 1 of 1
.Gum C/J
Joan E. Fitch, Board Secretary
Sent to: Karen/Kris, TB, JO, PW, JF,, BW & TW on 3/26/08.
Page 1 of 1
MAY - 9 2000
INDEX of ACTIONS - 2008
(T) CORTLANDVILLE ZONING BOARD OF APPEALS
r I ME_E-T�ING RESOLUTION
12 I N4
I DESCRIPTION
3/25/08 5
JM' McDONALD SPORTS COMPLEX, APPLICANT/SUIT-KOTE CORP., .REPUTED OWNER -
NYS Route 281 & Fisher Ave. - TM #76.18-01-08.000 - Variance GRANTED to allow
for a business sign in a Residential District, incorporating Items 1 thru 3 of the
Cortland Co. Planning Board's Resolution #08-08 of 19 March 2008.
6
TAMMY L. THOMAS, APPLICANT/REPUTED OWNER - 4285 NYS Route 281 - TM
#76.18-01-23.000 - Variance GRANTED to allow for two dwellings on a single
parcel, conditioned upon no more than two part-time employees working 25 hrs. per
week each, and incorporating Items #1 thru 7 of the Cortland Co. Planning Board's
Resolution #08-07 of 19 March 2008.
7
GLENN M. GOLDWYN, APPLICANT/REPUTED OWNER - 681 Hoy Road - TM #85.00-01
18.000 - Variance GRANTED to allow for an ag building closer to front property line
than allowed, as requested.
8
E. DOUGLAS CLARK, APPLICANT/REPUTED OWNER - 4019 NYS Route 281 (Doug's
Power Sports) - TM #86.09-01-24.000 - Variance GRANTED for sign closer to
property line than allowed, and a building -mounted sign to be illuminated, with
lighting to be as indicated by the applicant.
9
APPROVED ZBA MEETING MINUTES OF 4 MARCH 2008, as submitted.
.Gum C/J
Joan E. Fitch, Board Secretary
Sent to: Karen/Kris, TB, JO, PW, JF,, BW & TW on 3/26/08.
Page 1 of 1
J U L 0 8 2008
INDEX of ACTIONS - 2008
(T) CORTLANDVILLE ZONING BOARD OF APPEALS
MEETING I RESOLUTION I
DAT
NO_ DESCRIPTION
5/27/08 10 GARY & VIVIAN CROSS, APPLICANTS/REPUTED OWNERS - 3662 Page Green Rd. - TM
#96.12-01-15.000 - Variance GRANTED for front and side yard setbacks less than
allowed, as requested.
11 APPROVED MINUTES OF 3/25/08 ZBA MEETING, as submitted.
=Joan .Fitch, Board Secretary
Sent to: Karen/7r6, J0, PW, JF, BW & TW on 5/28/08.
Page 1 of 1
AUG 2 7 2008
INDEX of ACTIONS - 2008
(T) CORTLANDVILLE ZONING BOARD OF APPEALS
y MEETING RESOLUTION
�-DATI NQ„ I DESCRIPTION
7/8/08 12 WILLIAM BUCHANAN, APPLICANT/CORTLAND MHP ASSOCIATION, REPUTED OWNER -
21 Lorraine Drive - TM #96.09-04-10.000 - Variance GRANTED to construct a deck
closer to side yard than allowed.
13 STEVEN KLINE, APPLICANT/REPUTED OWNER - 3969 Highland Road - TM #85.15-01
13.000 - Variance GRANTED to allow for new garage at height greater than allowed
and closer to property line than allowed.
APPEAL REDDING HUNTER INC., APPLICANT - 1086 Tompkins St. - TM #96.09-01-58.000 -
WITHDRAWN Variance request to allow industrial use in Business District.
BY APPLICANT
14 ED BENNEDY, APPLICANT/REPUTED OWNER - 2329 Bacon Road (Polkville) - TM
#97.02-01-14.200 - Variance GRANTED to allow for a multi -family dwelling in an Ag
�'ss#rict,
BOARD APPEAL DECISION OF CODE ENFORCEMENT OFFICER REGARDING REQUIREMENT FOR
CONSENSUS A SPECIAL PERMIT - Consensus of the Board to continue appeal until 29 July 2008.
15 APPROVED ZBA MEETING MINUTES OF 27 MAY 2008, as submitted.
Joan E. Fitch, Board Secretary
Sent to: Karen/Kris, TB, JO, PW, JF, BW & TW on 7/9/08.
Page 1 of 1
OCT 012000
INDEX of ACTIONS - 2008
(T) CORTLANDVILLE ZONING BOARD OF APPEALS
I ME_E-T-IN-G I RESOLUTION I
DAT NQ DESCRIPTION
7/29/08 16 KATHLEEN A. HALL, APPLICANT/REPUTED OWNER - 3281 Pendleton St. Ext. - TM
#107.00-01-02.000 - Variance GRANTED to allow for a garage closer to property
lines than allowed.
17 RONALD HARTLEY, APPLICANT/REPUTED OWNERf f - 3352 Gunzen Drive - TM
#95.18-01-43.000 - Variance GRANTED for front porch closer to road than allowed.
18 ALEX FUMAROLA & DONNA POWERS, APPLICANTS/REPUTED OWNERS - 697 McLean
Road - TM #95.11-04-03.000 - Variance GRANTED to allow for front yard setback
less than allowed.
19 DOUGLAS ANTHONSON, APPLICANT/REPUTED OWNER - 1369 Starr Road - TM
#96.11-01-03.000 - Variance GRANTED to allow for a windmill with a height greater
than allowed.
.20 JOSHUA HODGSON, APPLICANT/L. RATHBUN, REPUTED OWNER - 260 Hatfield Road -
TM #74.00-02-03.000 - Variance GRANTED to allow for a Manufactured Home that
does not meet the Town definition.
21 APPEAL DECISION OF CODE ENFORCEMENT OFFICER REGARDING REQUIREMENT FOR
A SPECIAL PERMIT - Town of Cortlandville Zoning Board of Appeals UPHOLDS the
Code Enforcement Officer's interpretation of the Town's Zoning Code relating to
Residential Development.
�r
Y Joan E. Fitch, Board Secretary
Sent to: Karen/Kris, TB, JO, PW, JF, BW & TW on 7/30/08.
I
Page 1 of 1
OCT 3 0 2000
INDEX of ACTIONS - 2008
(T) CORTLANDVILLE ZONING BOARD OF APPEALS
I
MEETING I RESOLUTION I
L T N4 DESCRIPTION
8/26/08 22 PETR-ALL PETROLEUM CORP., APPLICANT/REPUTED OWNER - US Route 11
intersection w/NYS Route 41 (Polkville) - TM #97.02-01-01.000 - Variance
GRANTED to allow for non -conforming signs to be increased in height.
23 KASSIS SIGN COMPANY, APPLICANT/CARTER DEVELOPMENT, RO - 3939 NYS Rte.
281 (Anytime Fitness) - TM #86.13-01-45.220 - Variance GRANTED for a building -
mounted sign to be illuminated during business hours.
24 KASSIS SIGN COMPANY, APPLICANT/CORTLAND STATION, INC., REPUTED OWNER -
3936 NYS Rte. 281 (Hollywood Video) - TM #86.13-01-65.100 - Variance
GRANTED for an additional illuminated building -mounted sign, as requested, with
existing in-store "Game Crazy" sign in window to be removed.
25 CHRISTOPHER RISAVI, APPLICANT/REPUTED OWNER - 784 MacBean Lane - TM
#95.00-02-13.000 - Variance GRANTED to allow for a front yard less than allowed,
as requested.
26 APPROVED MINUTES OF 7/8/08 ZBA MEETING, as submitted.
Joan E. Fitch, Board Secretary
Sent to: Karen/Kris, TB, JO, PW, JF, BW & TW on 8/27/08.
Page 1 of 1
11&10v
19 2008
INDEX of ACTIONS - 2008
(T) CORTLANDVILLE ZONING BOARD OF APPEALS
MEETING I RESOLUTION I
NQ DESCRIPTION
9/30/08 27 MICHAEL BUCHALLA, APPLICANT/BIG B ENTERPRISES, LLC, REPUTED OWNER - Starr
Road - TM #96.10-01-35.000 - Variance GRANTED to allow a storage building in an
R-2 District, conditioned upon there being only one outside motion -sensing light and
no outside storage.
28 JEANNE HULBERT, APPLICANT/REPUTED OWNER - 1 Kinney Lane - TM #96.06-02-
09.100 - Variance DENIED to allow for a rear yard less than allowed.
29 DONALD GARDNER, APPLICANT/CORTLAND ENVIRONMENTAL GROUP, REPUTED
OWNER - Starr Road - TM #96.00-14-11.000 - Variance GRANTED to allow for a
storage building with a maximum height of 20 feet and no outside storage in an R-2
r%:_-:-
30 APPROVED MINUTES OF 7/29/08 ZBA MEETING, as submitted.
Joan E. Fitch, Board Secretary
Sent to: Karen/Kris, TB, JO, PW, JF, BW & TW on 10/1/08.
Page 1 of 1
JAN 2 8 2009
INDEX of ACTIONS - 2008
(T) CORTLANDVILLE ZONING BOARD OF APPEALS
MEETING I RESOLUTION I
NQ DESCRIPTION
11/18/08 31 HEIDI RAULSTEN, APPLICANT/REPUTED OWNER - 3438 South Hill Rd. (McGraw) - TM
#98.00-04-14.000 - Variance GRANTED for a two-family residence with lot area less
than allowed, incorporating the recommendations contained in the Cortland Co.
Planning Department's memo to the Cortland Co. Planning Board, dated 11 /14/08.
32 RICHARD JACKSON, APPLICANT/REPUTED OWNER - Tower Road - TM #106.00-01-
54.000 - Variance GRANTED to allow for a storage building in an Ag District.
33 APPROVED ZBA MEETING MINUTES OF 30 SEPTEMBER 2008 meeting, as submitted.
ez
Z `- '_ Joan E. Fitch, Board Secretary
Sent to: Karen/Kris, TB, JO, PW, JF, BW & TW on 11/19/08.
Page 1 of 1
3
MAR 0 4 2008
TOWN OF CORTLANDVILLE ZONING 'BOARD OF APPEALS
Public Hearing/Meeting Minutes - Tuesday, 29 January 2008 - 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
Avvlicants & Public Present
Robert & Marilee Comerford, Applicants.
Others Present
Bruce Weber, Code Enforcement Officer
Joan E. Fitch, Board Secretary
The Public Hearing was opened at 7 p.m. by Chairman David Plew, who read aloud the
Legal Notice published in the Cortland Standard, as follows:
Notice is hereby given that a public hearing before the Zoning Board of Appeals of the
Town of Cortlandville will be held Tuesday, January 29, 2008, 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 application pursuant to the 1986 Zoning
Law:
1. In the matter of the application of Robert & Marilee Comerford for property
located at 730 McLean Road, Tax Map No. 95.11-03-06.000, for a variance
in the terms and conditions of Article IV, Section 178-17A, of such Zoning
Law to allow for an addition closer to property line 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 22, 2008 Zoning Board of Appeals
PUBLIC HEARING # 1
Robert & Marilee Comerford. Avvlicants/Revuted Owners - 730 McLean Road - TM
#95.11-03-06.000 - Addition Too Close to Provertv Line
Chairman Plew recognized Mrs. Comerford who explained that she and her husband would like
to build a 19 ft. 6 in. by 23 ft. addition to the front of their home, as shown on the map
accompanying the application. A variance is required because the new addition would be 47 ft.
3.5 inches from the right-of-way, wherein 50 feet is required. The overhang would be one foot
closer. Even with the addition, she explained, the home would be in alignment with the other
homes on the street. Their neighbors support the proposed addition.
Chairman Plew asked the applicants what their hardship was, and she replied they .are getting
older and wanted to move their laundry up from the basement and get things on one level; Mr.
Page 1 of 2
MAR 0 4 2008
(T) Cortlandville Zoning Board of Appeals 29 January 2008
Comerford has a heart condition, and they want to eliminate the use of the stairs. Chair Plew
then suggested they could make the addition smaller and conforming. There were no other
questions from the Board.
With everyone having been heard who wished to be heard,
Chairman Plew closed the public hearing at 7:07 p.m.
DISCUSSION/ DECISION
Chairman Plew did not think there had been any hardship established. Member John Finn
asked CEO Weber just how much of a variance was needed, and CEO Weber responded 2.75
feet. Member O'Rourke thought that people of retirement age who want to make their home as
accessible as possible and easy to live in should be able to do so, and this addition will do that;
she thought their reasoning for requesting the variance did constitute a hardship. Member
Patricia Wright agreed.
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:
Motion passed.
Member Wright
Member Finn
Member O'Rourke
Nays: Chairman Plew
Absent: Member Bilodeau
This becomes Resolution #I of 2008.
APPROVAL OF MINUTES — 3/27. 5/29 & 6/26/07
A motion was made by Member John Finn to approve the Minutes of the 27 March, 29
May, and 26 June 2007 ZBA meetings, 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 Absent: Member Bilodeau
Member Wright
Motion passed.
This becomes Resolution #2 of 2008.
Adiournment
At 7:11 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.
o . Fitch, Secretary
Zoning Board of Appeals
Page 2 of 2
E-mailed 3/4/08. Original delivered.
MAR 44 2008
ATTENDANCE. SHEET
- (T) CoRnAmv= ZONING BD. OF APPEALS MEETING of I t -23
(Your attendance is recorded. in the meeting Minutes.)
jga + ,1D> Name: Representing/ Regarding: ( Complete Address:
� n� ea- bray 1,b � � c_� "73a1'1` leb,, 16 A, /lej,l M Qr -J 1, d
61
MAR 212000
-�, TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS
Public Hearing/Meeting Minutes - Tuesday, 4 March 2008 - 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
None.
Others Present
Bruce Weber, Code Enforcement Officer
Joan E. Fitch, Board Secretary
(It is noted for the record that the Public Hearing scheduled for 26 February 2008 was
cancelled due to inclement weather and rescheduled for this date.)
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, February 26, 2008, 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 Doug Clark for property located at 4019
NYS Route 281, Tax Map No. 86.09-01-24.000, for a variance in the terms
and conditions of Article XVIII, Section 178-1I 1B & 112, Table 1, of such
Zoning Law to allow for a sign closer to property line than allowed and 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,
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: February 14, 2008 Zoning Board of Appeals
PUBLIC HEARING # 1
E. Doualas Clark. Applicant/Reputed Owner - 4019 NYS Route 281 (Doug's Power Sports)
- TM #86.09-01-24.000 - Sian Variance
Chairman Plew, noting that neither the applicant nor a representative were present, advised
the other Board members that he had called the applicant and three different phone numbers,
leaving a message at each about this meeting.
In discussing the request for a variance, it was noted that the proposed sign is no higher than
what's there at present. It was thought that the applicant is moving the sign because the State
Page 1 of 2
(T) Cortlandville Zoning Board of Appeals MAR 2 12008 4 March 2008
will be taking a portion of his property for future widening of NYS Route 281. The proposed
location of his sign will make it too close to the properpty line, so a variance is required.
JJ Member John Finn commented that the Board did not have any information from the State;
CEO Weber added that the applicant may be doing it because of the road widening, or he may
be doing it on his own. The applicant was not present to answer the Board's questions.
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 postpone the variance
request for a sign closer to the property line than allowed, and a building -mounted sign
to be illuminated, until the 25 March 2008 ZBA meeting to allow the
applicant/ representative to be present. The motion was seconded by Member Tom
Bilodeau, with the vote recorded as follows:
Ayes: Chairman'Plew Nays: None
Member Finn
Member Wright Absent: Member O'Rourke
Member Bilodeau
Motion passed.
This becomes Resolution #3 of 2008.
APPROVAL OF MINUTES — 4/24.7/31.9/25.10/23 & 11/27/07, & 1/29/08
A motion was made by Member John Finn to approve the Minutes of the 4/24, 7/31,
9/25, 10/23, 11/27/07, and 1/28/08 ZBA meetings, as submitted. The motion was
seconded by Member Bilodeau, with the vote recorded as follows:
Ayes: Chairman Plew Nays: None
Member Finn
Member Wright Absent: Member O'Rourke
Member Bilodeau
Motion passed.
This becomes Resolution #4 of 2008.
It was announced by Chairman Plew that ZBA Member Joann O'Rourke will be chairing the
March ZBA meeting in his absence.
Adiournment
At 7:10 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�iiE. Fitch, Secretary
Zoning Board of Appeals
Page 2 of 2
E-mailed 3/21/08. Original delivered.
MAY - 9 2008
r- TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS
-- Public Hearings/ Meeting Minutes - Tuesday, 25 March 2008 - 6:30 PM
Town Hall Board Room - 3577 Terrace Road - Cortland, NY
Board Members (*absent)
*David Plew, Chairman
John Finn
Joann O'Rourke, Acting Chairperson
Thomas Bilodeau
Patricia Wright
Others Present
Bruce Weber, Code Enforcement Officer
Joan E. Fitch, Board Secretary
Avulicants & Public Present
Tamara Sciera for JM McDonald Sports Complex, Applicant; Tammy Thomas, Applicant; Glenn
Goldwyn, Applicant; Doug Clark, Applicant; Gene Waldbauer, Jennifer Turck, Tom Seaney,
Don Battin, Paul Suits, Victor Siegle, Joan & Kate Goldwyn,. Kieth Pace.
The Public Hearings were opened at 6:30 p.m. by.Acting Chair Joann O'Rourke, 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 25, 2008, 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:
--.z 1. In the matter of the application of J.M. McDonald Sports Complex for
property located on NYS Route 281 and Fisher Avenue, Tax Map No. 76.18-
01-08.000, for a variance in the terms and ,conditions of Article XVIII,
Section 178-112B4 & 112, Table 1, of such Zoning Law to allow for a
business sign in a Residential District
2. In the matter of the application of Tammy Thomas for property located at
4285 NYS Route 281, Tax Map No. 76119-01-23.000, for a variance in the
terms and conditions of Article IV, Section' 178.17, of such Zoning Law to
allow for two dwellings on a single parcel.
3. In the matter of the application of Glenn Goldwyn for property located at
681 Hoy Road, Tax Map No. 85.00-01-18.000, for a variance in the terms
and conditions of Article III, Section 178-141B1, of such Zoning Law to allw
for an Ag Building closer to front property line than allowed.
The above applications are open to inspection at the office of Bruce A. Weber, Code
Enforcement Officer, Raymond G. Thorpe Municipal Building, 3577 Terrace Road,
Cortland, NY, or call (607) 756-7490. Persons wishing to appear at such hearing may
do so in person, by attorney, or other representative.
Communications in writing in relation thereto may be filed with the Board or at such
hearing.
Dated: March 17, 2008
Page 1 of 5
David Plew, Chairperson
Zoning Board of Appeals
IN
(T) Cortlandville Zoning Board of Appeals MAY `� - 9 2000 25 March 2008 67
11 PUBLIC HEARING # 1
J.M. McDonald Snorts Complex. Avolicant,/Suit-Kote Corp.. Revuted Owner -NYS Route
281 & Fisher Avenue - TM #76.18-01-08.000 - Sian Variance
Acting Chair O'Rourke recognized Tammy Sciera representing the applicant who was seeking a
variance to place a business sign in a Residential District, as shown on the materials
accompanying the application. The proposed sign meets all requirements of the Code, but is
not a permitted use in an R-1 District.
Ms. Sciera read from a prepared statement which explained all of the applicant's issues. She
stated that the sign will not be a flashing sign, but will be internally lit and changeable. Amber
lighting would be used instead of red to minimize its impact. The sign would be attractively
landscaped. She reviewed the hardship, as per the narrative, a copy of which was placed in the
file for the record.
Acting Chair O'Rourke 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 O'Rourke closed the Public Hearing at 6:45 p.m.
DISCUSSION/DECISION
Acting Chair O'Rourke read aloud the recommendations contained in the Cortland County
Planning Board's Resolution #08-08, dated 19 March 2008.
With no further discussion, a motion was made by Member John Finn to grant the
variance, incorporating Items 1 thru 3 of the County Planning Board's Resolution #08-08
of 19 March 2008. The motion was seconded by Member Tom Bilodeau, with the vote
recorded as follows:
Ayes: Acting Chair O'Rourke Nays: None
Member Finn
Member Wright Absent: Chairman Plew
Member Bilodeau
Motion passed.
This becomes Resolution #5 of 2008.
PUBLIC HEARING #2
Tammv L. Thomas. AvDlicant/Reputed Owner - 4285 NYS Route 281 - TM #76.18-01-
23.000 - Two Dwellines on a Sinale Parcel
Acting Chair O'Rourke recognized the applicant who was seeking a variance to construct a
single -story home on this 5.91± acre lot which she recently purchased as a result of the
NYSDOTs using Eminent Doman to seize her present home and business for the future
widening of NYS Route 281. Ms. Thomas is an accountant and works out of her home. A
variance is needed because the subject parcel is already occupied bya,house and barn.
Ms. Thomas is confined to a wheelchair, and having a separate business location from her
home would be an extreme hardship, she stated. She is a widow, and her accounting business
is her primary source of income, along with selling items on a -bay. The proposed home would
be constructed at the location shown on the map accompanying her application for a Variance.
Page 2 of 5
MAY - 9 2008
(T) Cortlandville Zoning Board of Appeals 25 March 2008
She would have a part-time employee on a seasonal basis, and only two vehicles would be
present at one time. There was plenty of parking space.
Member Finn asked about the pond that had been constructed by the previous owner, Mr.
Berlew. Ms. Thomas stated that she knows nothing about the pond, and doesn't wish to have
it.
Acting Chair O'Rourke 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 O'Rourke closed the Public Hearing at 6:55 p.m.
DISCUSSION /DECISION
Acting Chair O'Rourke read aloud the recommendations contained in the Cortland County
Planning Board's Resolution #08-08, dated 19 March 2008.
With no further discussion, a motion was made by Member Pat Wright to grant the
variance to allow two dwellings on a single parcel, conditioned upon no more than two
part-time employees working 25 hours per week each, amd incorporating Items 1 thru 7
of the County Planning Board's Resolution #08-08 of 19 March 2008. The motion was
seconded by Member Tom Bilodeau, with the vote recorded as follows:
Ayes: Acting Chair O'Rourke Nays: None
Member Finn
Member Wright Absent: Chairman Plew
Member Bilodeau
Motion passed.
This becomes Resolution #6 of 2008.
PUBLIC HEARING #3
Glenn M. Goldwvn. Applicant/Reputed Owner - 681 Hov Road - TM #85.00-01-18.000 -
Buildine Closer to Property Line than Allowed
Acting Chair O'Rourke recognized the applicant who was seeking a variance to construct a
freestanding 80 ft. by 180 ft. building to serve as an indoor riding arena at this established
stable and riding academy dba Strawberry Fields. Mr. Goldwyn presented two letters from
neighbors in support of the new building. As shown on the annotated survey map
accompanying the application, the proposed location of the building is a distance of 59 feet
from the centerline of the road, which is a setback distance less than allowed. Mr. Goldwyn
explained that if the proposed building, which must be located the shortest possible distance
from the barn, was constructed back farther, 6,500+ yards of compacted fill would be required
to bring the building up to the grade of the existing drive. He stated there was an existing
ravine on the site which negated the building's placement to conform to Code. In addition, he
wished to to line up the proposed building with the back wall of the existing barn.
Acting Chair O'Rourke 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 O'Rourke closed the Public Hearing at 7:04 p.m.
Page 3 of 5
-9200
(T) Cortlandville Zoning Board of Appeals '`�` AAe X 25 March 2008
DISCUSSION/ DECISION
With no further discussion, a motion was made by Member Finn to grant the variance for
an ag building closer to the front property line than allowed, as requested. The motion
was seconded by Member Wright, with the vote recorded as follows:
Ayes: Acting Chair O'Rourke Nays: None
Member Finn
Member Wright Absent: Chairman Plew
Member Bilodeau
Motion passed.
This becomes Resolution #7 of 2008.
PUBLIC HEARING #4
(POSTPONED FROM PREVIOUS MEETING)
E. Douglas Clark, Applicant/ Reputed Owner - 4019 NYS Route 281 (Doug's Power Sports)
- TM #86.09-01-24.000 - Sign Variance
Acting Chair O'Rourke recognized the applicant who was seeking a variance to erect a new sign
in front of his business, replacing the existing sign, all as shown on the attachments to the
variance application. The proposed widening of NYS Route 281 may affect the location of the
sign, and Mr. Clark stated he would be checking with the NYSDOT about their widening plans.
A variance was needed to allow the proposed sign to be closer to the property line than allowed,
and for the illumination of a building -mounted sign which would be internally lit. The
illumination of the signs would be from dusk until 10 p.m. He stated he will be removing the
Can -Am sign from under the canopy and installing a new 4' by 16' sign on the front of the
building, all as shown on the attachments.
Acting Chair O'Rourke 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 O'Rourke closed the Public Hearing at 7:09 p.m.
DISCUSSION/ DECISION
With no further discussion, a motion was made by Member Bilodeau to grant the variance
as requested with the lighting to be as indicated by the applicant. The motion was
seconded by Member Wright, with the vote recorded as follows:
Ayes: Acting Chair O'Rourke Nays: None
Member Finn
Member Wright Absent: Chairman Plew
Member Bilodeau
Motion passed.
This becomes Resolution #8 of 2008.
Page 4 of 5
MAY - 9 2008
(T) Cortlandville Zoning Board of Appeals
25 March 2008
APPROVAL OF MINUTES — 4 MARCH 2008
A motion was made by Member Finn to approve the Minutes of the 3/4/08 ZBA meeting,
as submitted. The motion was seconded by Member Wright, with the vote recorded as
follows:
Ayes: ' Acting Chair O'Rourke Nays: None
Member Finn
Member Wright Absent: Chairman Plew
Member Bilodeau
Motion passed.
This becomes Resolution #9 of 2008.
Adiournment
At 7:11 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.
Joa. Fitch, Secretary
Zoning Board of Appeals
Page 5 of 5
E-mailed 4/29/08. Original delivered.
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Public Hearing/Meeting Minutes - Tuesday, 27 May 2008 - 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
Gary & Vivian Cross, Applicants; Ed 86 Ardelia Kowalski, Eric Mulvihill, Grace Meddaugh, Gary
Bush.
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, May 27, 2008, 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:
I. In the matter of the application of Gary & Vivan Cross for property located
at 3670 Page Green Road, Tax Map No. 96.12-01-15.000, for a variance in
the terms and conditions of Article V, Section 178-21 A 1, of such Zoning
Law to allow for front & side yard less 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: May 16, 2008 Zoning Board of Appeals
PUBLIC HEARING
Gary & Vivan Cross, Applicants/Reputed Owners - 3662 Page Green Road - TM #96.12-
01-15.000 - Front & Side Yard Setbacks
Chairman Plew recognized the applicants who explained to the Board that they were seeking a
variance to construct a new deck (which is already there) too close to the front and side
property lines. Notices were sent to all property owners within 300 feet of the subject property.
Chairman Plew asked if there was anyone present who wished to speak regarding the proposed
variance request. Two neighbors, Mr. & Mrs. Kowalski, were present and stated they had no
objections to the deck.
Page 1 of 2
/,I
r --
(T) Cortlandville Zoning Board of Appeals J U L 0 8 2008 27 May 2008
With everyone having been heard who wished to be heard,
Acting Chair O'Rourke closed the Public Hearing at 7:06 p.m.
DISCUSSION /DECISION
With no further discussion, a motion was made by Member Joann O'Rourke to grant the
variance, as requested. The motion was seconded by Member Patricia 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 #10 of 2008.
APPROVAL OF MINUTES — 25 MARCH 2008
A motion was made by Member Joann O'Rourke to approve the Minutes of the 3/25/08
ZBA meeting, as submitted. The motion was seconded by Member John Finn, 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 # 11 of 2008.
Adiournment
At 7:10 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.
E. Fitch, Secretary
Z ing Board of Appeals
Page 2 of 2
E-mailed 7/7/08. Original delivered.
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TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS
Public Hearings/ Meeting Minutes - Tuesday, 8 July 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 John Folmer, Town Attorney
Thomas Bilodeau
Patricia Wright
Avvlicants & Public Present
William Buchanan, Applicant; Steven Kline, Applicant; Mike Pizzola, Joe Armideo, Scott
Chatfield, Fran Pizzola, Ed Bennedy, Keith Pace, Jo Schaffer, David Rosen, Phil & Mel Simon,
Tammy Thomas, J. Bell (?), 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, July 8, 2008, at 6 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 William Buchanan for property located at
21 Lorraine Drive, Tax Map No. 96.09-04-10.000, for a variance in the
terms and conditions of Article 151, Section 6B, of such Zoning Law to
allow for a side yard less than allowed.
2. In the matter of the application of Steven Kline for property located at 3969
Highland Rd., Tax Map No. 85.15-01-13.000, for a variance in the terms
and conditions of Article IV, Section 178-17B1, of such Zoning Law to allow
for an accessory building with a height greater than allowed and closer to
property line than allowed.
3. In the matter of the application of Redding Hunger Inc. for property located
at 1086 Tompkins St., Tax Map No. 96.09-01-58.000, for a variance in the
terms and conditions of Article VII, Section 178-2, of such Zoning Law to
allow for an industrial use in the business district.
4. In the matter of the application of Ed Bennedy for property located at 2329
Bacon Rd., Tax Map No. 97.02-01-14.200, for a variance in the terms and
conditions of Article III, Section 178-13, of such Zning Law to allow for a
multi family dwelling.
5. To hear an appeal to the decision of the Code Enforcement Officer
regarding the requirement for a special permit.
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: June 25, 2008 Zoning Board of Appeals
Page 1 of 7
lto
(T) Cortlandville Zoning Board of Appeals AUG 2 7 2008 8 July 2008
PUBLIC HEARING # 1
William Buchanan. Applicant/Cortland MHP Association. Reputed Owner - 21 Lorraine
Drive - TM #96.09-04-10.000 - Deck Closer to Side Yard Than Allowed
Chairman Plew recognized the applicant who explained to the Board that he needed a variance
for the deck he had already constructed on the front of his mobile home. He stated that his
immediate neighbor had no problem with the deck. CEO Weber advised that all adjacent
property owners had been notified of the variance request.
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 6:05 p.m.
DISCUSSION /DECISION
Chairman Plew advised those present that the current manager of the mobile home park had
advised the applicant to go ahead and build the deck. He suggested that the CEO write a letter
to the park manager and let them know that they must contact the Town's Code Enforcement
Officer prior to any such construction. CEO Weber commented that the park manager changes
frequently.
With no further discussion, a motion was made by Member Joann O'Rourke to grant the
variance, as requested. The motion was seconded by Member Patricia 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 #12 of 2008.
PUBLIC HEARING #2
Steven Kline, Applicant/ Reputed Owner - 3969 Highland Road - TM #85.15-01-13.000 -
Garage Height Greater Than Allowed
Chairman Plew stated he had visited the site and then asked the applicant why he wanted a
garage with a height greater than allowed. Mr. Kline explained that he needed extra storage.
CEO Weber stated that the garage was two feet over the allowed height. Chair Plew asked Mr.
Kline why he couldn't have the height as required, and the applicant responded that he would
have to excavate an additional depth to comply. Mrs. Kline distributed additional paperwork to
demonstrate the proposed height. Member O'Rourke asked if the variance was denied, how
would that change their plans? Mr. Kline responded they would have to make the garage a
single -story and lose the needed storage space.
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 6:11 p.m.
Page 2 of 7
11
(T) CorUandville Zoning Board of Appeals , ' U 2 7 2008 8 July 2008
DISCUSSION/DECISION
With no further discussion, a motion was made by Member Tom Bilodeau to grant the
variance, as requested. The motion was seconded by Member O'Rourke, with the vote
recorded as follows:
Ayes: Chairman Plew Nays: None
Member Finn
Member O'Rourke
Member Wright
Member Bilodeau
Motion passed.
This becomes Resolution #13 of 2008.
PUBLIC HEARING #3
Reddine Hunter Inc.. Applicant - 1086 Tompkins Street - TM #96.09-01-58.000 -
Industrial Use in Business District
CEO Weber advised everyone present that the applicant had withdrawn this application.
PUBLIC HEARING #4
Ed Bennedv, Applicant/Reputed Owner - 2329 Bacon Road (Polkville) - TM #97.02-01-
14.200 - Multi-Familv Dwelline in Ae District
Chairman Plew commended the applicant for purchasing the subject building, and noted that
the "garage is on the right-hand side underneath it." Mr. Bennedy stated he liked to purchase
structures in disrepair and fix them up. Chair Plew then asked the applicant about his septic
system, and Mr. Bennedy stated they will be installing an additional septic system in
accordance with his engineer and the County Health Department.
Chairman Plew then asked Mr.' Bennedy what his hardship was, and the applicant responded
that he needed multi -family units in order to get a return on his investment.
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 6:16 p.m.
DISCUSSION/ DECISION
With no further discussion, a motion was made by Member John Finn to grant the
variance to allow for a multi -family dwelling in an Ag District, as requested. The motion
was seconded by Member Bilodeau. Discussion followed:
Town Attorney Folmer asked the Board members if they wanted to talk about an "unnecessary
hardship." Member O'Rourke felt that the applicant needed to demonstrate a hardship, and
does the Board think that had been done? Town Attorney John Folmer advised the Board that
-` they needed to decide if the applicant's presentation satisfied that this was a non self-created
unnecessary hardship. Member O'Rourke thought it may be. The Board continued its
discussion, and Member Bilodeau felt that whether it was self-created or not, it was a great
Page 3 of 7
J
(T) Cortlandville Zoning Board of Appeals AUG 212008 8 July 2008
improvement to what had previously existed. Chairman Plew added that he had personally
visited the dwelling some time ago, and it was in very rough shape. Mr. Bennedy's variance
would certainly be an improvement.
The vote was called and recorded as follows:
Ayes: Chairman Plew Nays: Member O'Rourke
Member Finn
Member Wright
Member Bilodeau
Motion passed.
This becomes Resolution # 14 of 2008.
11 APPEAL DECISION OF CEO II
Appeal Decision of Code Enforcement Officer Regarding Requirement for a Special
Permit
Chairman Plew recognized Attorney Scott Chatfield, representing Joseph Armideo, Chris
Calabro, and Keith Pace, who were appealing the decision of Code Enforcement Officer Bruce
Weber regarding the Cortland College Suites application 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 announced that he was not going to read the "application" from the appellants,
nor the response by CEO Weber; however, they have been placed on file for the record. He
then gave the floor to Attorney Chatfield who indicated that the ZBA had the power to interpret
the Ordinance, and that this was an appeal of the determination of the CEO that an
application pending before the Board does not need a Special Use Permit. It was his clients'
belief that the CEO's interpretation required a contrary conclusion to the one that he reached.
The specific issue is to the provisions given in Section 178-46 of the Zoning Code that calls for
the issuance of a Special Permit in an Aquifer Protection Zone. His clients were requesting that
the applicant, Cortland College Suites, be required to apply for and obtain an Aquifer
Protection District Special Permit. Attorney Chatfield felt that the CEO viewed the word
"residential" in its broadest of terms, and that if it was "residential" in any sense, it is exempt
from the requirement of a Special Permit. It "is our opinion that the framers (the Town Board
members) of this statute did not, when they used that word residential, ... intend to exempt a
huge project like this one. We believe that there is another more reasonable interpretation of
that phrase that actually gives affect to the statement of intent in the overall scheme of your
Zoning Ordinance."
A memo had also been received from the subject project's engineer, Timothy C. Buhl, dated
7/3/08, in response to the letter of appeal filed by Messrs. Armideo, Calabro, and Pace, dated
5/23/08. Copies of both have been placed on file for the record. Attorney Chatfield stated he
had a problem with the engineer's memo which, he felt, assumed the answer and then seeks to
find the question. Further, he wondered why a professional engineer would offer his
interpretation in the first place. The issue, he stated, is "what was meant by this Code?" Is it a
residential development, or a commercial development? Attorney Chatfield stated it was his
opinion that the "Zoning Enforcement Officer has ... misinterpreted the language of the Town
Board."
Chairman Plew interrupted the attorney and read from CEO Weber's response, a copy of which
has been placed on file for the record. Attorney Chatfield stated that he had not received a
Page 4 of 7
0
(T) Cortlandville Zoning Board of Appeals AUG 2 7 2008 8 July 2008
copy of CEO Weber's comments. CEO Weber responded that he had received the application
from Messrs. Armideo, Calabro and Pace which gave no phone number/ address to receive a
reply. A copy of the response was given to Attorney Chatfield by CEO Weber.
Attorney Folmer then advised that the proper procedure would be to let Attorney Chatfield
make his presentation in full, and then CEO Weber could respond to the presentation, in full;
then the Planning Board could engage in a discussion. Attorney Chatfield then objected, on
the record, that the CEO's written comments were dated 23 May 2008 and "there is absolutely
no question as to whether he knew how to get in touch with me had he wished to do so.
Instead, he presents to the Board ... and expects me to respond this evening and conclude my
presentation this evening without ever having read what he has to say." CEO Weber then
stated that "The date you are looking at is the date of their appeal, not my response, and at no
time did Mr. Armideo, Mr. Calabro, or Mr. Pace indicate to me that you were their legal
representative and that any communication should be done with you. . . and you, in your
conversations with me, never presented yourself as the attorney representing these
individuals."
Attorney Chatfield continued his presentation, although he felt that he may need "an
adjournment" as there may not be enough time allotted to do so in its entirety. He again
repeated the issue, "What did the Town Board intend when it created the Aquifer Protection
Regulations? What was it trying to do? What was it trying to accomplish for the citizens of the
Town of Cortlandville?" His argument continued, referencing 178-45, subparagraphs 8, 9, and
10 of the Regulations. CEO Weber stated that "multi -family" was addressed in subparagraph
10 specifically as to when an Aquifer Permit would be required. Chairman Plew commented
that the interpretation by the CEO was consistent with previous interpretations. Attorney
Chatfield felt these, too, were erroneous interpretations.
Attorney Chatfield agreed to yield the floor to the applicant's engineer, Tim Buhl, who had
written a memo dated 7/3/08, a copy of which has been placed on file for the record, which
was a response to the appellants' letter of 5/23/08. Mr. Buhl stated he had served on one of
the technical committees when the regulations were developed, and he knew what the intent
was. As stated in his memo, "The original intent of Cortlandville's Aquifer Protection District
was to provide additional permit control over commercial and industrial uses that could
discharge contaminates into the aquifer." Mr. Buhl concluded by stating that he felt the CEO
acted appropriately.
CEO Weber stated that he served on the committee that worked on formulating these
regulations. There were two events that brought about the Aquifer Permit Regulations: the
contamination from Smith -Corona, and the septic tank/well separation area on Highland
Road. Residential uses connected to the public sewer were not the same type of threat from
the standpoint of the Aquifer Protection Regulations. CEO Weber continued, "This is where
you need to understand that the Aquifer Protection Regulations are specific to certain uses and
their potential for contamination. Mr. Chatfield referred to the stormwater runoff from the
parking lots. That's not addressed in the Aquifer Regulations; that's addressed in the
Stormwater Regulations." He went on to say that "There's a specific reference to multi -family
homes in here and when an Aquifer Permit is required. Other than that, it's not required." The
subject is not a dormitory, it's a multi -family dwelling. CEO Weber stated that if the Board
accepted Attorney Chatfield's argument, then any residential use over $150,000 would require
an Aquifer Permit which would apply to almost all single-family homes now being constructed.
He supported his comments with copies of definitions, etc., from the Code, which were provided
to the ZBA members. He concluded his presentation by stating, "This project is not on septic,
it's residential, it does not violate any of the aquifer regulations, and does not violate the intent
of the Town Board when it adopted these regulations, having been involved in all of the steps
leading up to the adoption of these regulations. I can tell you that it was never the intent of the
Page 5 of 7
AUG 2 7 2008
(T) Cortlandville Zoning Board of Appeals 8 July 2008
Town Board or the people who put this regulation together ... that any residential use hooked
up to sewer would require an aquifer permit."
Attorney Chatfield countered that the ZBA had the responsibility to determine what the intent
of the Town Board was. He felt that the use of the word "residential" by the Town Board in
178-46, subsection B, it meant one- and two-family. An argument ensued between Attorney
Chatfield and CEO Weber. Attorney Chatfield felt the project was a "dormitory" but the
Ordinance did not define "dormitory." Chairman Plew then interrupted and advised the
attorney that he had five minutes remaining to conclude his presentation. Attorney Chatfield
stated he would try to do so, but noted his objection to being cut off for the record. He said he
was trying to address both CEO Weber and Engineer Buhl's comments, point by point, and had
not finished his original presentation.
At the conclusion of Attorney Chatfield's comments, he asked to have the opportunity to
respond to the comments submitted by CEO Weber and Engineer Buhl. Chairman Plew
repeatedly asked Attorney Chatfield if he would like an adjournment in order to continue his
response at a later date. Attorney Chatfield replied in the affirmative and noted for the record
that he objected to the badgering by the Chairman. Town Attorney Folmer stated that "this has
gotten a lot more adversarial than need to be, and Mr. Chatfield has indicated that for whatever
reason he had not had a chance to review the material that was provided by Mr. Weber to the
ZBA. He clearly has the right to make a formal response to that submittal, whether he does so
this evening orally here, or whether he does so in writing at a later date. That's to be
determined by you and he ... the adjournment is irrelevant and immaterial. The issue here is
that Mr. Chatfield, in my opinion, has legitimately raised the possibility that he needs an
opportunity to respond to the comments that Mr. Weber has made... If the Board for whatever
reason is not prepared to extend its time ... I think the matter needs to be postponed." Mr.
Chatfield stated that he wished to have the opportunity to respond, either in writing or at a
subsequent meeting. Attorney Folmer responded that he would expect to have Mr. Chatfield's
written response to the subject communications within ten days of today's date, at which time
they will be distributed to the Board. Copies should be given to CEO Weber or Attorney Folmer
directly. The chair, he continued, will grant a ten-day extension of time and the responses will
be addressed at the next meeting of the ZBA on 29 July 2008.
It was the consensus of the Board to continue this Appeal until the 29 July 2008
meeting of the Zoning Board of Appeals.
Engineer Buhl asked if there was a possibility to set an earlier date for continuation of the
appeal; after considering the ten days for Attorney Chatfield's response, etc., it was decided
that the 29th would be the earliest possible date to do so.
APPROVAL OF MINUTES — 27 MAY 2008
A motion was made by Member Finn to approve the Minutes of the 5/27/08 ZBA
meeting, as submitted. 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 #15 of 2008.
Page 6 of 7
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(T) Cortlandville Zoning Board of Appeals AUG 2 7 2008 8 July 2008
Adiournment
At 7:20 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.
L
�jrt�vJ 4 if_z
J09,10. Fitch, Secretary
Z ing Board of Appeals
Page 7 of 7
E-mailed 8/26/08. Original delivered.
(T) CORTLANDVILLE
AUG 2 7 2008
ATTENDANCE SHEET
�ZOriINCx BD: 4F .A.PPEAZS
MEETING of 7- 8 -0 &
(Your attendance is recorded in the meeting Minutes.)
.- e,4AR-0,NSA > Name: Representing/ Regarding:
9
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ZONING
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Complete Address:
314V ?'12C4!f'1-C4t
APPEALS Meeting Only.
OCT 012008
TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS
Public Hearings/ Meeting Minutes - Tuesday, 29 July 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 John Folmer, Town Attorney
Thomas Bilodeau
Patricia Wright
Avvlicants & Public Present
Kathleen Hall, Applicant; Ronald Hartley, Applicant; Alex Fumarola & Donna Powers,
Applicants; Douglas Anthonson, Applicant; Joshua Hodgson, Applicant; Don Cole Jr., Lydia
Ferro, Brian Wakula, Brian Tobin, Attorney Scott Chatfield, Crsig Zogby & Jeff Smetana, Marc
& Ellen Pace, Gary Seales, David Yaman, Lucille Rathbun, Russell ??? (illegible -not printed),
Grace Meddaugh.
The Public Hearings were opened at 6 p.m. by Chairman David Plew, who read aloud the
Legal Notice published in the Cortland Standard, as follows:
Notice is hereby given that a public hearing before the Zoning Board of Appeals of the
Town of Cortlandville will be held Tuesday, July 29, 2008, at 6 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 Kathleen Hall for property located at 3281
Pendleton Street Ext., Tax Map No. 107.00-01-02.000, for a variance in the
terms and conditions of Article III, Section 178-13A, of such Zoning Law to
allow for a garage closer to property lines than allowed.
2. In the matter of the application of Ronald Hartley for property located at
3352 Gunzen Drive., Tax Map No. 95.18-01-43.000, 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.
3. In the matter of the application of Alex Fumarola & Donna Powers for
property located at 697 McLean Road., Tax Map No. 95.11-04-03.000, for a
variance in the terms and conditions ofArticle IV, Section 178-17A, of such
Zoning Law to allow for a front yard less than allowed.
4. In the matter of the application of Douglas Anthonson for property located at
1369 Starr Rd., Tax Map No. 96.11-01-03.000, for a variance in the terms
and conditions of Article V, Section 178-21 B5, of such Zning Law to allow
for a windmill with a height greater than allowed.
5. In the matter of the application of Joshua Hodgson for property located at
260 Hatfield Road, Tax Map No. 74.00-02-03.000, for a variance in the
terms and conditions of Article III, Section 178-14 D, of such Zoning Law to
allow for a Manufactured Home that does not meet the Town definition.
6. Continuation of Appeal for interpretation of Code.
The above applications are open to inspection at the office of Bruce A. Weber, Code
Enforcement Officer, Raymond G. Thorpe Municipal Building, 3577 Terrace Road,
Cortland, NY, or call (607) 756-7490. Persons wishing to appear at such hearing may
do so in person, by attorney, or other representative.
Page 1 of 8
Yk
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OCT 012000
(T) Cortlandville Zoning Board of Appeals
29 July 2008
Communications in writing in relation thereto may be filed with the Board or at such
hearing.
David Plew, Chairperson
Dated: July 18, 2008 Zoning Board of Appeals
PUBLIC HEARING # 1
Kathleen Hall, Applicant/ Reputed Owner - 3281 Pendleton St. Ext. - TM 0107.00-01-
02.000 - Garaee Closer to Propertv Lines Than Allowed
Chairman Plew recognized the applicant who explained she had owned the subject property for
15 years and the garage that was there was damaged over 75% and had to be demolished. She
wants to rebuild on the existing slab, increasing the size by 6 feet on the northern side,
resulting in a 20 ft. by 22 ft. garage, as shown on the annotated map accompanying the
application. A variance is needed because the proposed garage does not meet the setback
requirements.
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 6:04 p.m.
DISCUSSION /DECISION
Chairman Plew stated he understood why the applicant wanted the garage where she does.
With no further discussion, a motion was made by Member Joann O'Rourke to grant the
variance, as requested. The motion was seconded by Member Patricia 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 #16 of 2008.
PUBLIC HEARING #2
Ronald Hartlev. Applicant/Reputed Owner - 3352 Gunzen Drive - TM #95.18-01-43.000 -
Front Porch Closer to Road Than Allowed
Chairman Plew recognized the applicant who stated he was seeking a variance to add a 13 ft.
by 5.5 ft. front porch to his home. With the current "stoop" the way it is, anyone at the door on
the steps has to back up in order to open the door. He wanted to widen this area to alleviate
the problem. The new porch would be behind the front line of the garage, but too close to the
road, so a variance is required. He stated the porch setback will be about the same as the rest
of the houses on the street.
Chairman Plew asked if there was anyone present who wished to speak regarding the proposed
variance request; there was no one.
Page 2 of 8
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