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Home My WebLink About2022-05-24 ZBA Minutes FinalPage 1 of 4 TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS Public Hearings/Meeting Minutes - Tuesday, 24 May 2022 – 6 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 Sean Smith for Jax Service Center, Applicant; Lisa Smith, Lauren Baron, Troy Beckwith. The Public Hearing was opened at 6 p.m. by Chairman John Finn. It is noted that the Legal Notice was published in the Cortland Standard on 11 May 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, May 24, 2022 at 6:00 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 & Christine Calabro, for an appeal to the interpretation of the Town Zoning Officer as to what constitutes a parking area, and an appeal to the determination that the property at 4074 Quail Ridge Drive, Tax Map #86.00-03-06.000 is not in violation of the Town Code. 2. In the matter of the application of Jax Service Center, 3845 Rt. 281, Tax Map #86.17-02-03.000, for a rehearing of an Area Variance application as per Section 178-113 Table 2. 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 Jax Service Center, Applicant/UCK Three LLC, Reputed Owner – 3845 NYS Route 281 – TM #86.17-02-03.000 – Rehearing of Area Variance for Sign (Reference is made to this Board’s Minutes of 29 March 2021.) Chairman Finn recognized Sean Smith, representing the applicant who was seeking a rehearing for an Area Variance to continue the display of his business’ sign on a permanent basis, if possible. He was previously granted an area variance to use this non-conforming sign until 15 February 2022. Public Hearings/Meeting Minutes - (T) Cortlandville ZBA 24 May 2022 Page 2 of 4 The Board discussed the matter, and Town Attorney John DelVecchio advised they could rehear the request to extend the temporary variance. 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 was no one. With everyone being heard who wished to be heard, Chairman Finn closed the Public Hearing at 6:20 p.m. A motion was then made by Member Carlos Karam that the Town of Cortlandville Zoning Board of Appeals agrees to rehearing of an Area Variance for a sign. The motion was seconded by Member Tom Bilodeau, with the vote recorded s follows Ayes: Chairman Finn Nays: Member Potter-Masler Member Karam Member Bilodeau Absent: Member Aloi Motion failed (unanimous required). This becomes Action #7 of 2022. PUBLIC HEARING #2 Christopher & Christine Calabro, Appellants – 4075 Quail Ridge Drive – TM #86.00-03- 06.000 – Interpretation of PZO re Parking Area & Appeal Chairman Finn recognized PZO Bruce Weber who explained to those present that the Calabros were appealing his determination that the surface area in a side yard does not determine the parking area (in relation to the neighboring Ficchi property at 4074 Quail Ridge Drive). The parking area is determined by the area used for parking. What the ground surface is, is irrelevant. Secondly, he stated, a determination that the subject property is not in violation. Deed restrictions are totally irrelevant; the Town does not enforce deed restrictions. Reference is made to PZO Weber’s written comments as provided to Board members for this Public Hearing, a copy of which has been placed on file for the record. Chairman Finn asked if there was anyone present who wished to speak regarding this variance request; there was, as follows: Laura Baron, Attorney for the Calabros – reviewed the items contained in the Calabros Appeal/Notice of Appeal, a copy of which has been placed on file for the record. PZO Weber clarified “I will acknowledge he’s using the side yard, but I will not acknowledge that he’s using the required side yard.” PZO Weber continued, stating to Ms. Baron that “There’s nothing indicating in any document that you have submitted that shows what is actually in the field today.” There’s nothing to indicate there is any violation. Town Attorney DelVecchio advised the Board to stay within the purview of what’s in front of them—is the gravel in violation of the side yard setback, and whether or not the PZO’s observational determination on the day in question, when he went to the property, was proper or not. PZO Weber added that if Mr. Calabro establishes where the property line is, he would be glad to visit the site and measure it to determine if it’s in compliance or not. The Board, however, needed to deal with the Appeal at this meeting. Public Hearings/Meeting Minutes - (T) Cortlandville ZBA 24 May 2022 Page 3 of 4 After a brief discussion, a motion was made by Member Karam that the Town of Cortlandville Zoning Board of Appeals agrees with the interpretation of the Planning/Zoning Officer as to what constitutes a parking area. The motion was seconded by Member Tom Bilodeau, with the vote recorded as follows: Ayes: Chairman Finn Nays: None Member Karam Member Potter-Masler Absent: Member Aloi Member Bilodeau Motion carried. This becomes Action #8 of 2022. The Board reviewed and agrees with, in its entirety, the 5/24/22 memorandum they received from Bruce Weber, PZO, regarding his determination/interpretation of what constitutes a parking lot. A copy of this memorandum has been placed on file for the record. Based on PZO Weber’s observations on April 4th, the property, as observed, was in compliance with the side yard setback. Undated photos were reviewed. Again, PZO Weber stated, if Mr. Calabro was willing to establish where the property line is, he would be happy to go out and measure. Attorney Baron commented that Mr. Calabro would like the opportunity to do that. Town Attorney DelVecchio advised the Board of their determination choices. PZO Weber stated that “we don’t know what’s in the field right now.” Once the property line is established, he commented, then we will know for sure. Attorney Baron said they would like to survey the property line PZO Weber responded that his determination was made “on that day.” No evidence has been provided that PZO Weber’s determination on that day was wrong. Attorney DelVecchio advised not to consider any new information as PZO Weber’s determination had already been made. Tabling the matter would create a new issue. At the completion of this very lengthy discussion, a motion was made by Member Bilodeau that the Town of Cortlandville Zoning Board of Appeals agrees with the 4 April 2022 determination of the Planning/Zoning Officer that this property is not in violation of the Town Code. 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 Aloi Member Bilodeau Motion carried. This becomes Action #9 of 2022. Attorney Baron requested to withdraw the second portion of the Appeal. Mr. Calabro would like to establish the property line, she said. PZO Weber again stated he would be happy to observe this property line at that time. Public Hearings/Meeting Minutes - (T) Cortlandville ZBA 24 May 2022 Page 4 of 4 APPROVAL OF MINUTES – 22 MARCH & 19 APRIL 2022 A motion was made by Member Potter-Masler to approve the ZBA Minutes of 22 March and 19 April 2022, as submitted. The motion was seconded by Member Karam, with the vote recorded as follows: Ayes: Chairman Finn Nays: None Member Karam Member Potter-Masler Absent: Member Aloi Member Bilodeau Motion carried. This becomes Action #10 of 2022. ADJOURNMENT At 7:10 p.m., on a motion by Member Bilodeau, 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 8/22/22. Approved 8/23/22.