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HomeMy WebLinkAbout2021-06-29 ZBA Minutes FinalPage 1 of 3 TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS Public Hearing/Meeting Minutes - Tuesday, 29 June 2021 – 5:30 PM Town Hall Court Room – 3577 Terrace Road – Cortland, NY Board Members (*absent) Others Present John Finn, Chairman Bruce Weber, Planning/Zoning Officer Thomas Bilodeau Joan E. Fitch, Board Secretary Joanne Aloi John DelVecchio, Town Attorney Bernice Potter-Masler Carlos Karam Applicants & Public Present Michael Barylski, Applicant. The Public Hearing was opened at 5:30 p.m. by Chairman John Finn, who asked the Board Secretary to read aloud the Legal Notice as published in the Cortland Standard on 16 June 2021, 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, June 29, 2021 at 5:30 p.m. at the Cortlandville Municipal Garage, 3587 Terrace Road, in the Town of Cortlandville, New York, to consider the following applications pursuant to the 1986 Zoning Law: 1. In the matter of the application of Michael Barylski, 2616 Ames Road, Tax Map Number 78.00-01-24.112, for an Area Variance per Section 178-12A, to allow for a side yard less than allowed. 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 Michael Barylski, Applicant/Michael K. Barylski & Denise D. Knight, Reputed Owners – 2616 Ames Road – TM #78.00-01-24.112 – Area Variance for Side Yard Less Than Allowed Chairman John Finn recognized the applicant who explained that he needed a variance to construct a 30 ft. by 50 ft. barn as shown on the map/photos submitted with the application. In order to provide sufficient distance from an existing drainage ditch and have room to move equipment, the barn would be a minimum of 50 feet from the side property line; 100 feet is the required setback. He said the variance he was asking for was “no more than a variance of 50 feet; it may be as little as 20.” He also stated he did not want to take down too many trees. Mr. Barylski answered a few questions asked by Board members, and explained a little history of the subject parcels in the area. Chairman Finn asked if there was anyone present who wished to speak on this matter; there was no one. Public Hearing/Meeting Minutes - (T) Cortlandville Zoning Board of Appeals 29 June 2021 Page 2 of 3 With everyone being heard who wished to be heard, Chairman Finn closed the Public Hearing at 5:40 p.m. DISCUSSION/DECISION At the request of Chairman Finn, Member Joanne Aloi proceeded with the required questions (balancing test) for an area variance, in addition to reading the appellant’s written comments; the responses given by the ZBA members, were as follows: 1. Whether an undesirable change would be produced in neighborhood character or detriment to nearby properties? Finding – No. All Board Members present agreed. 2. Can the benefits sought by applicant be achieved by other means feasible to the applicant? Finding – Yes. All Board Members present agreed. 3. Is the requested variance substantial? Finding – No – Chairman Finn, Members Bilodeau, Aloi, Karam. Yes – Member Potter-Masler. 4. Would the variance have an adverse impact on the physical or environmental conditions in the neighborhood? Finding – No. All Board Members present agreed. 5. Has the alleged difficulty been self-created? Finding – No. All Board Members present agreed. After a brief discussion, a motion was made by Member Bilodeau to grant the area variance for a side yard setback less than allowed, as requested, with the setback to be no closer than fifty (50) feet from the property line. The motion was seconded by Member Karam, with the vote recorded as follows: Ayes: Chairman Finn Nays: Member Potter-Masler Member Bilodeau Member Aloi Member Karam Motion carried. This becomes Action #11 of 2021. APPROVAL OF MINUTES – 25 MAY 2021 A motion was made by Member Potter-Masler to approve the ZBA Minutes of 25 May 2021, as submitted. The motion was seconded by Member Aloi, with the vote recorded as follows: Ayes: Chairman Finn Nays: None Member Bilodeau Member Potter-Masler Member Aloi Member Karam Motion carried. This becomes Action #12 of 2021. Public Hearing/Meeting Minutes - (T) Cortlandville Zoning Board of Appeals 29 June 2021 Page 3 of 3 ADJOURNMENT At 5:55 p.m., on a motion by Member Bilodeau, seconded by Member Karam, with everyone present voting in the affirmative, the meeting was adjourned. __ _________________ Joan E. Fitch, Board Secretary Draft emailed to KRP, AR, Bd. Members, JD, BW, DD, DC, KM on 7/26/21. Approved 9/27/21.