HomeMy WebLinkAbout2019-03-26 ZBA Minutes FinalPage 1 of 3
TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS
Public Hearing/Meeting Minutes - Tuesday, 26 March 2019 – 6:30 PM
Town Hall Court Room – 3577 Terrace Road – Cortland, NY
Board Members (*absent) Others Present
John Finn, Chairman Bruce Weber, Planning/Zoning Officer
*David Plew Joan E. Fitch, Board Secretary
Thomas Bilodeau John DelVecchio, Town Attorney
Joanne Aloi
Bernice Potter-Masler
Applicants & Public Present
Kaye Liddington Hall, Applicant; Darryl Hall.
The Public Hearing was opened at 6:30 p.m. by Chairman John Finn, who read aloud the
Legal Notice as published in the Cortland Standard on 13 March 2019, 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 26, 2019 at 6:30 p.m. at the
Raymond G. Thorpe Municipal Building, 3577 Terrace Road, in the Town of
Cortlandville, New York, to consider the following application pursuant to the 1986
Zoning Law:
1. In the matter of the application of Kaye Liddington Hall, for property located on 1428
Ely Road, Tax Map No. 106.00-01-46.000, for a variance in the terms and conditions
of Section 178-11, to allow for Dog Kennel in an Agricultural District.
The above application is on our website at www.cortlandville.org or at the office of Bruce A.
Weber, Planning & Zoning Officer, Raymond G. Thorpe Municipal Building, 3577 Terrace
Road, Cortland, New York, call (607) 756-7052 or (607) 423-7490. Persons wishing to
appear at such hearing may do so in person, by Attorney, or other representative.
Communications in writing in relation thereto may be filed with the Board or at such
hearing.
John Finn, Chairman
Zoning Board of Appeals
(Note: Proof of Publication has been placed on file for the record.)
PUBLIC HEARING
Kaye Liddington Hall Applicant/Reputed Owner – 1429 Ely Road – TM #106.00-01-46.000
– Use Variance – Dog Kennel
Chairman John Finn recognized the applicant who was seeking a use variance to operate a Dog
Kennel on their five-acre property which lies in an Agricultural District. Mrs. Hall explained that
she has a Purebred Dog License for five adult AKC-registered Labrador Retrievers used for
breeding. The registered puppies are sold for pets, and she and her husband donate some to a
Dogs-to-Vets program in Chittenango as service dogs. Every litter produced is usually spoken
for before they are born.
Aerial photo accompanying the application was reviewed by the Board; PZO Bruce Weber
explained that a dog kennel was not a permitted use in an Ag District, thus the need for a use
variance.
Minutes – Public Hearing - (T) Cortlandville Zoning Board of Appeals 26 March 2019
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At the conclusion of the Hall’s presentation, Chairman Finn asked if there was anyone present
who wished to comment on the matter; there was no one.
With everyone being heard who wished to be heard,
Chairman Finn closed the Public Hearing at 6:47 p.m.
DISCUSSION/DECISION
As requested by Chairman Finn, Member Joanne Aloi proceeded with the required questions
(balancing test) for a use variance; the responses given by the ZBA members, were as follows:
1. Has the applicant demonstrated that the applicant cannot realize a reasonable
return, and that the lack of return is substantial and has been demonstrated
by competent financial evidence?
Finding: None. Town Attorney DelVecchio commented that this form is
confusing and should be made clearer. He concluded that the appellant
should provide some sort of financial evidence.
2. Has the applicant demonstrated that the alleged hardship relating to the
property in question is unique and does not apply to a substantial portion of
the district or neighborhood?
Finding: Aye. All members present agreed.
3. Has the applicant demonstrated that the requested use variance, if granted,
will not alter the essential character of the neighborhood?
Finding: Aye. All members present agreed.
4. Has the applicant demonstrated that the alleged hardship has not been self-
created?
Finding: None.
.
Board members felt that they needed more information to complete the Balancing Test.
As a result, a motion was made by Member Aloi to postpone any action on this request for
a use variance for a dog kennel in an Agricultural District until the next available meeting
to allow the applicant time to provide additional information. The motion was seconded
by Member Bernice Potter-Masler, with the vote recorded as follows:
Ayes: Chairman Finn Nays: None
Member Bilodeau Absent: Member Plew
Member Aloi
Member Potter-Masler
Motion passed.
This becomes Action #7 of 2019.
Minutes – Public Hearing - (T) Cortlandville Zoning Board of Appeals 26 March 2019
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APPROVAL OF MINUTES – 19 FEBRUARY 2019
A motion was made by Member Potter-Masler to approve the Minutes of this Board’s 19
February 2019 meeting, as submitted. The motion was seconded by Member Aloi, with
the vote recorded as follows:
Ayes: Chairman Finn Nays: None
Member Bilodeau
Member Aloi Absent: Member Plew
Member Potter-Masler
Motion passed.
This becomes Action #8 of 2019.
ADJOURNMENT
At 7:15 p.m., on a motion by Member Aloi, seconded by Member Bilodeau, with everyone present
voting in the affirmative, the meeting was adjourned.
__ _________________
Joan E. Fitch, Board Secretary Emailed to KRP, Bd. Members, JD,
BW, DD, DC, KM on 4/14/19.
Rev. #7 (removed 3 repeated words), 4/16/19.