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HomeMy WebLinkAboutB - 01 ZBA Minutes 4/18/2023Page 1 of 5 TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS Public Hearings/Meeting Minutes - Tuesday, 18 April 2023 – 5:15 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 Abigail C. Albro, Board Secretary Joanne Aloi John DelVecchio, Town Attorney Bernice Potter-Masler Carlos Karam Applicants & Public Present Mark & Melissa Skodzinsky, Applicant; Andrew Fox, Applicant; Jay & Nicole Coniglio, Applicant; Yvonne Ligoci, James Dore, and David Donlick. The Public Hearing was opened at 5:15 p.m. by Chairman John Finn. It is noted that the Legal Notice was published in the Cortland Standard on 10 April 2023 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 18, 2023, at 5:15 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 Mark Skodzinsky, 3699 Katie Lane, tax map # 95.06-01-21.000, for an Area Variance per 178-17B (1), to allow for a garage with a front yard less than allowed. 2. In the matter of the application of Andrew Fox, 4232 Sweeney Rd, tax map # 85.00-10-3.000 for an Area Variance per 178-12A, to allow for an agricultural use with a side yard less than allowed. 3. In the matter of the application of Jay Coniglio, 713 McLean Rd., tax map # 95.11-004-05.000, for an Area Variance per 178-18B, to allow for an agricultural use on a lot 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 hearings may do so in person, by Attorney, or other representatives. Communications in writing in relation thereof 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 MARK SKODZINSKY, APPLICANT/REPUTED OWNER – 3699 KATIE LANE – TM #95.06-01- 21.000 – Area Variance to Allow for a Garage with Front Yard Less Than Allowed Chairman Finn recognized the applicant who was seeking an Area Variance to construct a detached garage for his personal use, as shown on the drawing accompanying his application, but with a front yard less than allowed. The proposed detached garage would make the front yard 38 feet, where the minimum allowed is 50 feet. There was a brief discussion with the Board Public Hearings/Meeting Minutes - (T) Cortlandville ZBA 18 April 2023 Page 2 of 5 regarding moving the proposed garage back. The Applicant stated it was not possible because of the topography of the land. Chairman Finn asked the Applicant if attaching the new garage to the old garage was considered. The Applicant stated yes but it was not possible because of the existing roof and proper drainage. Member Potter-Masler mentioned the deed the Applicant agreed to when the property was purchased. The Applicant stated the proposed project would enhance the property. 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: James Dore & David Donlick – Katie Lane Neighbors – The two neighbors made brief statements in opposition of the proposed project as requested. Chairman Finn briefly mentioned that additional neighbors from Katie Lane reached out in opposition of the proposed project. The neighbors are not in favor of granting the requested Area Variance. With everyone being heard who wished to be heard, Chairman Finn closed the Public Hearing at 5:34 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 – Chair Finn, Members Aloi & Potter-Masler. No – Member Karam. 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. A motion was then made by Member Potter-Masler to deny the Area Variance to allow for a garage with a front yard less than allowed. The motion was seconded by Member Aloi, with the vote recorded as follows: Ayes: Chairman Finn Nays: None Member Aloi Member Karam Absent: Member Bilodeau Member Potter-Masler Motion carried. This becomes Action #1 of 2023. Public Hearings/Meeting Minutes - (T) Cortlandville ZBA 18 April 2023 Page 3 of 5 PUBLIC HEARING #2 ANDREW D. FOX, APPLICANT/REPUTED OWNER – 4232 SWEENEY ROAD – TM #85.00-10- 03.000 – Area Variance to Allow for an Agricultural Use with a Side Yard Less Than Allowed Chairman Finn recognized the applicant who was seeking an Area Variance to construct a horse barn for his personal use, as shown on the drawings accompanying the application, but with a side yard less than allowed. The proposed horse barn would make the side yard 60 feet, where the minimum allowed is 100 feet. There was a brief discussion between the Board and the Applicant regarding the location of the barn. The Applicant and his neighbor, who is in support of the proposed project, explained the electric was closer, the land was flat, and that the view for the neighbors would remain intact. 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 5:52 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 – Chair Finn, Member Potter- Masler. No – Members Aloi & Karam A motion was then made by Member Karam to grant the Area Variance to allow for an agricultural use with a side yard less than allowed, as requested. The motion was seconded by Member Aloi, with the vote recorded as follows: Ayes: Chairman Finn Nays: None Member Aloi Member Karam Absent: Member Bilodeau Member Potter-Masler Motion carried. This becomes Action #2 of 2023. Public Hearings/Meeting Minutes - (T) Cortlandville ZBA 18 April 2023 Page 4 of 5 PUBLIC HEARING #3 JAY R. CONIGLIO, APPLICANT/REPUTED OWNER – 713 MCLEAN ROAD – TM #95.11-04- 05.000 – Area Variance to Allow for an Agricultural Use on a Lot Less Than Allowed Chairman Finn recognized the applicant who was seeking an Area Variance to construct a chicken coop for his personal use, as shown on the drawing accompanying his application, on a lot less than allowed. The proposed chicken coop would be on a lot the size of 0.771 acres, where minimum lot size allowed is 5 acres. There was a brief discussion with the Board regarding whether the chickens would be fenced in and the neighbors support of the proposed project. 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 w as no one. With everyone being heard who wished to be heard, Chairman Finn closed the Public Hearing at 6:01 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: 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: No. All Board Members present agreed. A motion was then made by Member Aloi to grant the Area Variance to allow for an agricultural use on a lot less than allowed, as requested. The motion was seconded by Member Karam, with the vote recorded as follows: Ayes: Chairman Finn Nays: None Member Aloi Member Karam Absent: Member Bilodeau Member Potter-Masler Motion carried. This becomes Action #3 of 2023. Public Hearings/Meeting Minutes - (T) Cortlandville ZBA 18 April 2023 Page 5 of 5 ADJOURNMENT At 6:13 p.m., on a motion by Member Potter-Masler, seconded by Member Karam, and with everyone present voting in the affirmative, the meeting was adjourned. Abigail C. Albro, Board Secretary Draft emailed to KRP, AR, Bd. Members, JD, BW, County Planning, DC & KM on 4/26/23. Approved 4/26/23.