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HomeMy WebLinkAbout2019-04-30 ZBA Minutes FinalPage 1 of 4 TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS Public Hearing/Meeting Minutes - Tuesday, 30 April 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 18 April 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, April 30, 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 Planning and Zoning Officer Bruce Weber brought everyone up to date on this variance request. Reference is made to the 26 March 2019 Minutes of this Board at which time the applicant explained that she was seeking a use variance to operate a Dog Kennel on their five-acre property which lies in an Agricultural District. A Public Hearing was held and closed, and the Board proceeded with the Balancing Test, but they determined that they needed more information in order to complete the Test, so they postponed any action on the request for a use variance this meeting to allow the applicant time to provide additional information. The Board had asked the applicant to provide additional financial information which they did. Member Plew asked why a variance was required for a dog kennel when other animals (cows, sheep, horses, etc.) are allowed. PZO Weber read aloud the definition of a kennel, and the Code states a kennel is allowed in a Business District. Member Plew asked that the record of this Minutes – Public Hearing - (T) Cortlandville Zoning Board of Appeals 30 April 2019 Page 2 of 4 public hearing show that, according to the Code, a dog kennel can be placed “next to Lowe’s, but you can’t have a dog kennel up where these people live.” He thought this was “ridiculous.” Board members responded to Chairman Finn’s question by stating they had all reviewed the additional information provided to them by the applicant in response to questions #1 and #4 of the Balancing Test. Mr. Hall advised that they had contacted a local realtor with a question regarding property values as a portion of completing the finding in Balancing Test Item #1; he never received a response. Member Bilodeau added that there was another kennel within a half mile of the subject property on Gallagher Road. Member Plew commented that he thought the applicant’s property was a perfect place for a kennel; Member Aloi agreed, but they had to follow the Code. At the conclusion of the hearing, 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 6:38 p.m. DISCUSSION/DECISION As requested by Chairman Finn, Member Joanne Aloi proceeded with the Board’s completion of questions (balancing test) #1 and #4 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: Aye. Data provided by the applicant shows they have taken a substantial loss. All members present agreed. 4. Has the applicant demonstrated that the alleged hardship has not been self- created? Finding: Yes. There has been a change in Code, making what was allowed no longer allowed. Hardship was not self-created. . As a result, a motion was made by Member Plew to grant a Use Variance for a dog kennel in an Agricultural District as requested. The motion was seconded by Member Aloi, with the vote recorded as follows: Ayes: Chairman Finn Nays: None Member Plew Member Bilodeau Member Aloi Member Potter-Masler Motion passed. This becomes Action #9 of 2019. APPROVAL OF MINUTES – 26 MARCH 2019 A motion was made by Member Bilodeau to approve the Minutes of this Board’s 26 March 2019 meeting, as submitted. The motion was seconded by Member Potter-Masler, with the vote recorded as follows: Ayes: Chairman Finn Nays: None Member Bilodeau Member Aloi Abstain: Member Plew Member Potter-Masler Motion passed. Minutes – Public Hearing - (T) Cortlandville Zoning Board of Appeals 30 April 2019 Page 3 of 4 This becomes Action #10 of 2019. Minutes – Public Hearing - (T) Cortlandville Zoning Board of Appeals 30 April 2019 Page 4 of 4 MEETING DATE CHANGE Due to the May meeting falling the day after Memorial Day, the Board decided to postpone any appeals, if requested, until another date. After a brief discussion, a motion was made by Member Aloi that the next Town of Cortlandville Zoning Board of Appeals meeting will be held on 4 June 2019, if needed. The motion was seconded by Member Bilodeau, with the vote recorded as follows: Ayes: Chairman Finn Nays: None Member Plew Member Bilodeau Member Aloi Member Potter-Masler Motion passed. This becomes Action #11 of 2019. ADJOURNMENT At 6:55 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 6/2/19.