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HomeMy WebLinkAbout2021-11-29 ZBA Minutes FinalPage 1 of 3 TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS Public Hearing/Meeting Minutes - Monday, 29 November 2021 – 6:15 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 Raymond Oliver, Applicant; Charles Mott, Adelaide Carmody. The Public Hearing was opened at 6:20 p.m. by Chairman John Finn, who asked the Board Secretary to read aloud the Legal Notice as published in the Cortland Standard on 15 November 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, November 29, 2021 at 6:15 p.m. at the Raymond G. Thorpe Municipal Building, 3577 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 Raymond Oliver, 1-3 Kinney Lane, Tax Map Parcel Number 96.06-02-10.100, for an Area Variance per Section 178- 22A(1), to allow for a rear 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 Raymond E. Oliver, Applicant/Reputed Owner – 1-3 Kinney Lane – TM #96.06-02-10.100 – Area Variance for Rear Yard Less Than Allowed Chairman John Finn recognized the applicant who explained he was applying for an Area Variance to have an addition and his already constructed deck structure closer to the rear property line than allowed. He stated that he was replacing an existing deck which was “rotting out and falling down,” with a deck that was 8’ longer and 1’ wider and also one foot closer to the property line. PZO Bruce Weber advised that 40 feet is the required setback; previous deck was non-conforming, and current building is 30 feet from the rear property line. Chairman Finn asked if there was anyone present who wished to speak regarding this variance request; there was: Christopher Mott – 25 Isabel Drive – Neighbor for 15 years. Has no problem with improvements to property. Property has been abandoned/vacant, added onto and added Public Hearing/Meeting Minutes - (T) Cortlandville ZBA 29 November 2021 Page 2 of 3 onto. Has never seen any building permits. Talked with City CEO as property is in two districts, Town and City; no response. Is it properly coded? Proper exits? Proper permitting? Certificate of Occupancy issued? PZO Weber commented that the portion of the property within the Town may be a two-family home and the portion within the City may be a one-family. Any questions regarding permits, C of Os, etc., should be directed to the Code Office. If not satisfied, he said, there’s the opportunity to go to the Town Board. Mr. Oliver reported he has owned the property for three years. Town Attorney John DelVecchio advised it was appropriate for the Board to inquire of the Code Office. PZO Weber advised the Board that they put their questions/concerns to CEO Kevin McMahon, in writing. Adelaide Carmody – 27 Isabel Drive – Has observe work done on subject property. Totally agrees with Mr. Mott. Also wonders about building permits. How structurally sound is this deck? Md. Carmody and Mr. Mott looked at photos provided by Mr. Oliver. With everyone being heard who wished to be heard, Chairman Finn closed the Public Hearing at 6:50 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: Yes. All Board Members present agreed. 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 – Yes. All Board Members present agreed. Board Member Tom Bilodeau asked questions of Mr. Oliver; photos were shown by Mr. Mott. Discussion was held amongst Board Members, appellant, Mr. Mott. Public Hearing/Meeting Minutes - (T) Cortlandville ZBA 29 November 2021 Page 3 of 3 At the conclusion of an extensive discussion, a motion was made by Member Bilodeau to grant the Area Variance for one foot closer to the property line. The motion was seconded by Member Carlos Karam, with the vote recorded as follows: Ayes: Chairman Finn Nays: None Member Bilodeau Member Aloi Member Karam Member Potter-Masler Motion carried. This becomes Action #18 of 2021. APPROVAL OF MINUTES – 26 OCTOBER 2021 A motion was made by Member Aloi to approve the Minutes of 26 October 2021, as submitted. The motion was seconded by Member Karam, with the vote recorded as follows: Ayes: Chairman Finn Nays: None Member Bilodeau Member Aloi Member Karam Member Potter-Masler Motion carried. This becomes Action #19 of 2021. ADJOURNMENT At 7:25 p.m., on a motion by Member Bilodeau, seconded by Member Bernice Potter-Masler, and 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 12/20/21. Approved 12/20/21.