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
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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.
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This becomes Action #10 of 2019.
Minutes – Public Hearing - (T) Cortlandville Zoning Board of Appeals 30 April 2019
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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.