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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
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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.
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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.
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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.
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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.