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HomeMy WebLinkAbout2022-10-18 ZBA Minutes Final Page 1 of 3 TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS Public Hearing/Meeting Minutes - Tuesday, 18 October 2022 – 5:30 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 Richard & Rose Martin, Applicants. The Public Hearing was opened at 5:30 p.m. by Chairman John Finn. It is noted that the Legal Notice was published in the Cortland Standard 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, October 18, 2022 at 5:30 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 Richard & Rose Martini, 797 Fer Cor Dr., Tax Map #95.08-01-06.000, for an Area Variance per Section 178-17A, for an addition closer to the side property line than allowed. The above application is 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 Richard & Rose Martini, Applicants/Reputed Owners – 797 Fer Cor Drive – TM #95.08-01- 06.000 – Area Variance for Addition Chairman Finn recognized Richard Martini who explained to those present that he and his wife were proposing to add a second full bathroom to the west side of their home as shown on the annotated survey map accompanying their application. The addition is proposed to be six feet from their side property line; twelve feet is the required setback. Mr. Martini also distributed a drawing of the proposed construction, and answered the Board’s questions. PZO Bruce Weber stated that letters of notification were sent to the neighbors; there were no replies. At the conclusion of the applicant’s presentation, Chairman Finn asked if there was anyone else 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 5:40 p.m. Public Hearing/Meeting Minutes - (T) Cortlandville ZBA 18 October 2022 Page 2 of 3 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 – Finn & Aloi; Yes – Karam & Potter-Masler 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 Bernice Potter-Masler to grant the Area Variance for an addition closer to the side property line than allowed, as requested. The motion was seconded by Member Joanne 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 #13 of 2022. APPROVAL OF MINUTES – 23 AUGUST 2022 A motion was made by Member Aloi to approve the ZBA Minutes of 23 August 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 Bilodeau Member Aloi Motion carried. This becomes Action #14 of 2022. Public Hearing/Meeting Minutes - (T) Cortlandville ZBA 18 October 2022 Page 3 of 3 ADJOURNMENT At 5:50 p.m., on a motion by Member Karam, seconded by Member Potter-Masler, and with everyone present voting in the affirmative, the meeting was adjourned. __ _________________ Joan E. Fitch, Board Secretary Final emailed to KRP, AA, Bd. Members, JD, BW, DD, DC, KM on 12/20/22.