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.