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HomeMy WebLinkAbout2021-12-21 ZBA Minutes FinalPage 1 of 5 TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS Public Hearings/Meeting Minutes - Tuesday, 21 December 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 Michael Gillette, Applicant; Attorney Fran Casullo, Michael Stokoe & Stephen Ficchi, Applicant; James Easton for Regan Development, Applicant. The Public Hearing was opened at 6:15 p.m. by Chairman John Finn, who asked the Board Secretary to read aloud the Legal Notice as published in the Cortland Standard on 8 December 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 Stephen Ficchi, 4074 Quail Road, Tax Map Parcel Number 86.00-03-06.000, for an Area Variance per Section 178a, to allow for parking in a required side yard. 2. In the matter of the application of Michael Gillette, 3723 McGraw-Marathon Road, Tax Map Parcel #98.00-06-11.000 for an Area Variance per Sections 178a and 104, to allow for a rear yard less than allowed. 3. In the matter of the application of Regan Development, Route 13, Tax Map Parcel #95.00-10-11.100, for an Area Variance per Section 178-76A5, to allow for less commercial space than allo wed. The above applications are 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 #1 Stephen Louis Ficchi,, Applicant/Reputed Owner – 4074 Quail Ridge Road – TM #86.00-03- 06.000 – Area Variance for Parking in Required Side Yard Chairman John Finn recognized the applicant who explained he was applying for an Area Variance to expand his existing driveway and parking area (part of which had already been done without obtaining the required permit) to accommodate his recreational vehicle, as shown on the Public Hearing/Meeting Minutes - (T) Cortlandville ZBA 12 December 2021 Page 2 of 5 map/photos accompanying the application. Deed restrictions are also in place, and Mr. Ficchi stated they were awaiting going to court to see whether or not this would be a true violation. Member Bernice Potter-Masler asked the appellant if he planned on having “another RV,” and he responded there was a possibility this would occur. Also, the family is large and he has a son who will be soon be obtaining his driver’s license and perhaps a vehicle. Chairman Finn asked if there was anyone present who wished to speak regarding this variance request; there was: Attorney Fran Casullo – 15 Tompkins Street - Cortland – Representing Mr. & Mrs. Chris Calabro, Quail Ridge residents who are unable to attend this public hearing and oppose the granting of the requested Area Variance. Attorney Casullo disclosed that there is a matter pending in NY Supreme Court filed by Mrs. Calabro as to whether or not the RV is in violation of the Quail Ridge restrictions/covenants. He had provided a copy of Attorney Mancuso’s 21 December 2021 letter regarding this matter, a copy of which has been placed on file for the record. Attorney Casullo advised is was not one or two neighbors who objected to granting of the variance, “It was far more than that. It’s far more than that; it’s probably either the substantial majority, if not all the neighbors other than the applicant that are against it.” He then pointed out other items in the Mancuso letter, including the responses to the required Balancing Test. All of the other homes in this development are in compliance with the Code/Deed Restrictions. To summarize, Attorney Casullo stated that the variance should be denied because (1) the RV has been there, (2) the gravel drive was constructed without the Town’s permission, (3) there’s a potential Article 178 argument, and (4) the proposed parking area is substantial. A current petition asking for denial of the variance, signed by ten of the neighbors, was submitted to the Board, a copy of which has been placed on file for the record. Michael Stokoe – 4077 Quail Ridge – One of two developers on Quail Ridge. Lived there for 25 years. Neighbors have always been respectful of fellow neighbors and their respective properties. Speaking in opposition to having a very large trailer/mobile home/RV on their property. It’s not a trailer park or campground. Has a large boat, but has it stored elsewhere with a third party. Asked that variance be denied. With everyone being heard who wished to be heard, Chairman Finn closed the Public Hearing at 6:46 p.m. DISCUSSION/DECISION At the request of Chairman Finn, Member Joanne Aloi proceeded with the required questions (balancing test) for an area variance; 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: Yes. 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, more than 50%. All Board Members present agreed. 4. Would the variance have an adverse impact on the physical or environmental conditions in the neighborhood? Finding – No, it’s for additional parking. All Board Members present agreed. Public Hearing/Meeting Minutes - (T) Cortlandville ZBA 12 December 2021 Page 3 of 5 5. Has the alleged difficulty been self-created? Finding – Yes. There’s another way of doing this. The rules were not followed. All Board Members present agreed. At the conclusion of an extensive discussion, a motion was made by Member Aloi to deny the Area Variance to allow for parking in a required side yard, as requested. 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 #20 of 2021. PUBLIC HEARING #2 Michael H. Gillette, Applicant/Reputed Owner – 3723 McGraw-Marathon Road – TM #98.00-06-11.000 – Area Variance for Rear Yard Less Than Allowed Chairman John Finn recognized the applicant who explained he was applying for an Area Variance to construct a new 30 ft. by 40 ft. garage/barn on his property to replace a 30 ft. by 30 ft. one that was totally destroyed in an electrical fire. The building will be used to store lawn equipment and vehicles. The new building has a proposed setback distance less than the required 40 feet, as shown on the maps accompanying the application. Setbacks were discussed amongst the Board members. The existing house is non-conforming. Chairman Finn asked if there was anyone who wished to speak regarding this variance request; there was no one. With everyone being heard who wished to be heard, Chairman Finn closed the Public Hearing at 7:07 p.m. DISCUSSION/DECISION At the request of Chairman Finn, Member Joanne Aloi proceeded with the required questions (balancing test) for an area variance; 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 & Bilodeau. No – Chairman Finn & Members Karam, Potter-Masler. 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. Public Hearing/Meeting Minutes - (T) Cortlandville ZBA 12 December 2021 Page 4 of 5 5. Has the alleged difficulty been self-created? Finding – No. All Board Members present agreed. At the conclusion of a brief discussion, a motion was made by Member Bilodeau to grant the Area Variance for a 30 ft. by 40 ft. garage to allow for a front yard less than allowed, with the rear yard to be conforming with the required setback. The motion was seconded by Member Aloi, 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 #21 of 2021. PUBLIC HEARING #3 Regan Development, Applicant/CB Cortlandville LLC, Reputed Owner – NYS Route 13 – TM #95.00-10-11.100 – Area Variance for Less Commercial Space Than Allowed Chairman Newell recognized Engineer Jamie Easton from Regan Development who was seeking an Area Variance to allow for less commercial space than what is allowed in this proposed commercial/residential project. A project narrative, plan, and SEQR Form were submitted. Engineer Easton stated that there would be no decisions made at this meeting because the SEQRA process needed to be completed first. However, he was seeking any questions or comments from this Board at this time. The proposed main building is required to be 100% commercial space; they are seeking a mixed use building. PZO Weber clarified the variance request. The Board needs to review what the required square footages are, and what the applicant is proposing for the commercial space. At the close of this discussion, a motion was made by Member Aloi to postpone the requested Area Variance until further notice. 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 #22 of 2021. Public Hearing/Meeting Minutes - (T) Cortlandville ZBA 12 December 2021 Page 5 of 5 APPROVAL OF MINUTES – 29 NOVEMBER 2021 A motion was made by Member Aloi to approve the Minutes of 29 November 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 #23 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, AA, Bd. Members, JD, BW, DD, DC, KM on 2/6/22. Approved 2/15/22.