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HomeMy WebLinkAbout2022-04-19 ZBA Minutes FinalPage 1 of 3 TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS Public Hearings/Meeting Minutes - Tuesday, 19 April 2022 – 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 John DelVecchio, Town Attorney Bernice Potter-Masler Carlos Karam Applicants & Public Present Robert Ganoung, Applicant; Rob Garrison for C. Jeffrey Taw, Applicant; Heather Ganoung, Tim Hurley, Jesse Sawyer, Larry Carlisle. The Public Hearing was opened at 6:30 p.m. by Chairman John Finn. It is noted that the Legal Notice was published in the Cortland Standard on 6 April 2022 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, April 19, 2022 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 Robert & Heather Ganoung, 4491 Locust Avenue, Tax Map # 76.00-03-15.120, for an Area Variance per Section 178- 17B(1), for an accessory building with a height greater than allowed. 2. In the matter of the application of C. Jeffrey Taw, Rob & Leslee Garrison, 795 MacBean Lane, Tax Map #95.08-02-07.000, for an Area Variance per Section 178-17 A(1), for a front yard less than allowed. 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 Robert Ganoung, Applicant/Robert & Heather Ganoung, Reputed Owners – 4491 Locust Avenue – TM #76.00-03-15.120 – Area Variance for Accessory Building w/Height Greater Than Allowed Chairman Finn recognized the applicant who was seeking an Area Variance to Construct a pole barn for his personal use at the location shown on the drawing accompanying his application, but at a greater height than allowed. The proposed barn would be a distance of 23 feet from the ground to the peak, where the maximum height allowed is 15 feet. A second floor storage area is planned for this building. Public Hearings/Meeting Minutes - (T) Cortlandville ZBA 19 April 2022 Page 2 of 3 At the conclusion of the Board’s discussion, Chairman Finn asked if there was anyone present who wished to speak regarding this variance request; there were, as follows: Tim Hurley, Jesse Sawyer & Larry Carlisle – Locust Ave Neighbors – The three neighbors asked some minor questions which were satisfactorily answered by the applicant. They had no objection to granting of the requested Area Variance. With everyone being heard who wished to be heard, Chairman Finn closed the Public Hearing at 6:35 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: No. 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. A motion was then made by Member Aloi to grant the Area Variance for an accessory building with a height greater than allowed, as requested. The motion was seconded by Member Potter-Masler, with the vote recorded as follows: Ayes: Chairman Finn Nays: None Member Karam Member Potter-Masler Absent: Member Bilodeau Member Aloi Motion carried. This becomes Action #5 of 2022. PUBLIC HEARING #2 C. Jeffrey Taw, Applicant/Rob & Leslee Garrison, Reputed Owners – 795 MacBean Lane – TM #95.00-02-07.000 – Area Variance for Front Yard Less Than Allowed Chairman Finn recognized Rob Garrison who was seeking an Area Variance to construct a sunroom and front porch addition to his home, as shown on the drawings accompanying the application which, in part, will make it easier for a family member to have handicapped access to rooms in the home. A portion of the porch is too close to the required front yard setback (50 Public Hearings/Meeting Minutes - (T) Cortlandville ZBA 19 April 2022 Page 3 of 3 feet); therefore, an Area Variance is required. They also plan on installing new windows and siding. 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: No. All Board Members present agreed. 3. Is the requested variance substantial? Finding: No. 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: No. All Board Members present agreed. A motion was then made by Member Karam to grant the Area Variance for an accessory building with a height greater than allowed The motion was seconded by Member Aloi, with the vote recorded as follows: Ayes: Chairman Finn Nays: None Member Karam Member Potter-Masler Absent: Member Bilodeau Member Aloi Motion carried. This becomes Action #6 of 2022. ADJOURNMENT At 6:55 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 5/11/22. Approved 5/24/22.