Loading...
HomeMy WebLinkAbout2021-09-27 ZBA Minutes FinalPage 1 of 3 TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS Public Hearing/Meeting Minutes - Tuesday, 27 September 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 Bernice Potter-Masler Carlos Karam Applicants & Public Present William Whitmore, 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 14 September 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 Monday, September 27, 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 application pursuant to the 1986 Zoning Law: 1. In the matter of the application of William Whitmore, 3673 Abdallah Avenue, Tax Map Number 96.06-01-34.000, for an Area Variance per Section 178- 21B, to allow for parking in a required side yard. 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 William Whitmore, Applicant/Reputed Owner – 3673 Abdallah Avenue – TM #96.06-01- 23.000 – Area Variance for Parking in Required Side Yard Chairman John Finn stated he had received a letter from the applicant’s neighbor stating she was concerned about water runoff and snow removal “coming close to my home.” (Judith Helmer, 3671 Abdallah Avenue, letter date 20 September 2021 – placed on file for the record.) He also reported he, and another Board member visited the site. Chairman Finn stated that in going up and down the street he noticed there were many other homes with one-car garages that had widened their driveways the same as what the applicant is seeking. Chairman Finn then recognized the applicant who had recently purchased this home and was seeking to increase the width of his driveway to accommodate side-by-side parking. There is a distance of 9 ft. 8 in. from the edge of his present driveway to the side property line, and he would like to go half that distance with new paving. With regard to water runoff, he stated he could always put a berm alongside the blacktop to prevent this. He uses a snowblower to clear his driveway and could always blow it into his front yard. Public Hearing/Meeting Minutes - (T) Cortlandville ZBA 27 September 2021 Page 2 of 3 Member Karam did not see the request as a problem. 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 – Members Aloi, Potter-Masler, Karam. No – Chairman Finn & Member Bilodeau. 3. Is the requested variance substantial? Finding: Yes – Chairman Finn & Potter-Masler. No - Members Bilodeau, Aloi & Karam. 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, as requested, with applicant having the option to pave the back half or front half of widened driveway by June of 2022. 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 #13 of 2021. APPROVAL OF MINUTES – 29 JUNE 2021 A motion was made by Member Potter-Masler to approve the ZBA Minutes of 29 June 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 #14 of 2021. Public Hearing/Meeting Minutes - (T) Cortlandville ZBA 27 September 2021 Page 3 of 3 ADJOURNMENT At 6:55 p.m., on a motion by Member Potter-Masler, seconded by Member Bilodeau, 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 on 10/26/21.