Loading...
HomeMy WebLinkAbout2022-02-15 ZBA Minutes FinalPage 1 of 3 TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS Public Hearing/Meeting Minutes - Tuesday, 15 February 2021 – 6:30 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 Tim Alger for Christopher & Kira Read, Applicants. The Public Hearing was opened at 6:15 p.m. by Chairman John Finn, who read aloud the Legal Notice as published in the Cortland Standard 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, February 15, 2021 at 6:30 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 Christopher & Kira Head, 3673 Hedgemoor Drive, Tax Map Parcel Number 95.11-05-12.000, for an Area Variance per Section 178-17(a)1, to allow for an accessory building with a height greater 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 Christopher & Kira Read, Applicants/Reputed Owners – 3673 Hedgemoor Drive – TM #95.11-05-12.000 – Area Variance for Accessory Building Height Chairman John Finn recognized the applicant, neighbor Tim Alger, who explained the applicants/owners were applying for an Area Variance have the height of his garage greater than allowed by about 18 inches. Chairman Finn commented on the “mean” height of the garage. Mr. Alger stated there would be fill necessary and described what was planned. Chairman Finn commented that using the “mean height” of the building could mean that a variance was actually not required. The dirt will be removed where the garage is going. PZO Weber reported that there was someone who wanted to comment on this variance, and he asked them to submit them via email. Nothing had ever been received. Public Hearing/Meeting Minutes - (T) Cortlandville ZBA 15 February 2022 Page 2 of 3 Chairman Finn asked if there was anyone present 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 6:40 p.m. DISCUSSION/DECISION At the request of Chairman Finn, Member Joanne Aloi proceeded with the required questions (balancing test) for an area variance; 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. At the conclusion of an extensive discussion, a motion was made by Member Karam to grant the Area Variance to allow for an accessory building with a height greater than allowed, as requested. 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 #1 of 2022. APPROVAL OF MINUTES – 21 DECEMBER 2021 A motion was made by Member Potter-Masler to approve the Minutes of 21 December 2021, as submitted. 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 #2 of 2022. Public Hearing/Meeting Minutes - (T) Cortlandville ZBA 15 February 2022 Page 3 of 3 ADJOURNMENT At 7:15 p.m., on a motion by Member Aloi, seconded by Member Karam, 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 3/19/22. Approved 22 March 2022, as corrected.