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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13 STEVEN KLINE, APP/RO 16 .3969 HIGHLAND RD VARIANCE 85.15-01-13.000 GRANTED APPEAL REDDING HUNTER INC., APP 17 WITHDRAWN 1086 TOMPKINS ST VARIANCE BY APPLICANT 96.09-01-58.0000 WITHDRAWN 14 ED.BENNEDY, APP/RO 17 2329 BACON ROAD VARIANCE 97.02-01-14.200 GRANTED BOARD APPEAL DECISION OF CODE 18 CONSENUS ENFORCEMENT OFFICER REGARDING REQUIREMENT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. 16 MAY - 9" M8 A NDANCE'. SKEET T. (T)- CoRTLANDVIILE �Z 0 N"I NG i iP�.O F�A APPEALS MA rSMFFTiNr. aF-3b.157/d (Your attendance.is recorded in the meeting Minutes.) <Q&MXqT Nage: Representing/ Reg ding' Complete Address: J 6 �. 2 /2D ..f'� (' �' Coma. -Volmara, L -/r 0'.- jh�dV"W 'S G*n;,Q.2q7 rjitg�& 7 ni'k:r u f 7 kkA4A P4 _ZZ PaL..)I '.c ri 4 -1�,h 9-tM I -'xD L 0l CPI fn brwri �ag Z Gi' L <% R7, ml si. J U L 0 8 2008 r TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS 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. l� JUL 0 9 2008 ' L- T ATTENDANCE SHF (T) CoRTLANDVILLE ZONING BD. OF APPEALS MEETiNG, oF-5—�7— 0 c=, (Your attendance is recorded in the meeting Minutes.) @L W.ITLLF,110>� Name: Representing/ Regarding: Complete Address: will'. 01 G �b A LS v - PA& -c 6�W--j P04600Y( SS e-4-4 A�4 i yvill Af FE PLEAS. T!, 1N T YOUR NAMEH!! 0 MR 15� AUG 27 2000 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 I E �I (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 n A ZONING OF I SN' A1 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 r6 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 oC -1