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HomeMy WebLinkAboutB - 03 ZBA Meeting Minutes 05/30/2023Page 1 of 4 TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS Public Hearings/Meeting Minutes - Tuesday, 30 May 2023 – 5:15 PM Town Meeting 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 Bernice Potter-Masler *Carlos Karam Applicants & Public Present Ann Hotchkin, Applicant; James Easton for Regan Development. 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 18 May 2023 as follows: LEGAL NOTICE TOWN OF CORTLANDVILLE NOTICE IS HEREBY GIVEN that a Public Hearing before the Zoning Board of Appeals of the Town of Cortlandville will be held Tuesday, May 30, 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 Regan Development, Route 13, tax map #95.00-10-11.100, for an Area Variance per Section 178-76A5, to allow for less commercial space than allowed. 2. In the matter of the application of Ann & Ed Hotchkin, 671 McLean Rd., tax map # 95.11-04-01.000, for an Area Variance per 178-18B, to allow for an agricultural use on a lot less than allowed and closer to property lines. 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. DATED: May 18, 2023 John Finn, Chairman Zoning Board of Appeals Town of Cortlandville Raymond G. Thorpe Municipal Building 3577 Terrace Road Cortland, New York 13045 Public Hearings/Meeting Minutes - (T) Cortlandville ZBA 30 May 2023 Page 2 of 4 PUBLIC HEARING #1 EDWARD & ANN HOTCHKIN, APPLICANT/REPUTED OWNERS – 671 MCLEAN RD. – TM #95.11-04-01.000 - Area Variance to Allow for an Agricultural use on a Lot Less Than Allowed and Closer to Property Lines Chairman Finn recognized the applicant Ann Hotchkin who was seeking an Area Variance to construct a chicken coop for her personal use, as shown on the drawing accompanying her application, but on a lot less than allowed and closer to the property lines. The proposed chicken coop would be on a lot just under 2 acres, where the minimum allowed is 5 acres and closer to the property lines than allowed. There was a brief discussion between the Board and the Applicant. The Applicant explained she would like 3 -6 chickens and that the chicken coop would be fully fenced in. 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 5:23 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: Yes. All Board Members present agreed. A motion was then made by Member Bilodeau to grant the Area Variance to allow for an agricultural use on a lot less than allowed and closer to the property lines, as requested . The motion was seconded by Member Aloi, with the vote recorded as follows: Ayes: Chairman Finn Nays: None Member Aloi Member Bilodeau Absent: Member Karam Member Potter-Masler Motion carried. This becomes Action #5 of 2023. Public Hearings/Meeting Minutes - (T) Cortlandville ZBA 30 May 2023 Page 3 of 4 *Note (At 5:32 Member Potter-Masler joined the meeting) PUBLIC HEARING #2 REGAN DEVELOPMENT, APPLICANT/JOSEPH & DANTE ARMIDEO, REPUTED OWNERS - 968 NYS ROUTE 13 - TM #96.13-01-02.110 – Area Variance to Allow for less Commercial Space Than Allowed Chairman Finn recognized James Easton representing the applicant Regan Development who was seeking an Area Variance to allow for less commercial space than allowed for the development of a 4-story mixed-use building with 68 multi-family units and 6,278 sq. ft. of retail space, as shown on the drawings accompanying the application . The proposed development would make the commercial space 30 percent, where the minimum allowed is 100 percent. There was a brief discussion between the Board and the Applicant regarding the commercial space. The Applicant explained that the building is not in a the right location to have 100 pe rcent commercial space on the first floor as it is set back from the road and doesn’t face the road directly. The Applicant also explained that due to the building being mixed-use they can not use the commercial space for restaurants or any business open late because of smells and noise. Chairman Finn asked the applicant what the remaining 70 percent of the first floor would be used for. The Applicant stated that the remaining 70 percent of the first floor would be apartments. Member Bilodeau asked the Applicant if the 30 percent commercial space would be used for 1 tenant. The Applicant stated it depends; it could be 1 tenant or it could be subdivided into 2 or 3 tenants. The Board briefly discussed that brick-and-mortar commercial retail spaces are not in demand like they used to be. 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 5:34 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: 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: Yes. All Board Members present agreed. Public Hearings/Meeting Minutes - (T) Cortlandville ZBA 30 May 2023 Page 4 of 4 A motion was then made by Member Bilodeau to grant the Area Variance to allow for less commercial space than allowed, as requested. The motion was seconded by Member Potter-Masler, with the vote recorded as follows: Ayes: Chairman Finn Nays: None Member Aloi Member Bilodeau Absent: Member Karam Member Potter-Masler Motion carried. This becomes Action #6 of 2023. APPROVAL OF MINUTES A motion was made by Member Aloi to approve the ZBA Minutes of 18 April 2023 and 25 April 2023, as submitted. The motion was seconded by Member Potter-Masler, with the vote recorded as follows: Ayes: Chairman Finn Nays: None Member Aloi Member Bilodeau Absent: Member Karam Member Potter-Masler Motion carried. This becomes Action #7 of 2023. ADJOURNMENT At 5:57 p.m., on a motion by Member Bilodeau, seconded by Member Aloi, 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 6/26/23. Approved 6/26/23.