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
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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
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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.