HomeMy WebLinkAboutB - 02 Zoning Board Minutes 12/20/2022Page 1 of 5
TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS
Public Hearings/Meeting Minutes - Tuesday, 20 December 2022 – 5:45 PM
Town Hall Meeting Room – 3577 Terrace Road – Cortland, NY
Board Members (*absent) Others Present
John Finn, Chairman Bruce Weber, Planning/Zoning Officer
Thomas Bilodeau Kristin E. Rocco-Petrella, Town Clerk
Joanne Aloi John DelVecchio, Town Attorney
Bernice Potter-Masler *Joan E. Fitch, Board Secretary
Carlos Karam
Applicants & Public Present:
Christine Place; Mary Lee Martens; Roueida Ghadban; Tim Moes; Dan Sidebottom; Kevin
Whitney and Mike Biviano representing the Cortlandville Fire Department; Jam ie Easton for
Regan Development.
The Public Hearing was opened at 5:45 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, December 20, 2022 at 5:45 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 Christine Place/ Mary Lee Martens, 943 Walden Pond
Lane, tax map # 96.00- 06- 02.120, for an Area Variance, per Section 178-attachment 3,
bulk regulations, for an addition closer to the front and rear property lines than allowed.
2. In the matter of the application of Larry Regan of Regan Development, 978 Route 13, tax
map # 96.13- 01- 02.110, for a Use Variance, per Section 178- 76 A ( 1), to allow for only
one means of egress and ingress, and for an Area Variance, per Section 178- 76 A ( 5) to
allow for less commercial floor area than required.
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 Hearings/Meeting Minutes - (T) Cortlandville ZBA 20 December 2022
Page 2 of 5
PUBLIC HEARING #1
Mary Lee Martens, Applicant/Reputed Owner – 943 Walden Pond Ln. – TM #96.00-06-
02.120 – Area Variance to Allow for an Addition Closer to the Front and Rear Property
Lines Than Allowed
Chairman Finn recognized Christine Place, Architect representing Mary Lee Martens the
applicant who was seeking an Area Variance to allow for an addition closer to the front and rear
property lines than allowed. Ms. Place explained that Ms. Martens partner would be moving into
the property and that the partner had significant health issues. Ms. Place explained that the
applicant would need to add an office and an exercise room to the property for her partner. Ms.
Place stated that the additions proposed location is the best way to accommodate the applicants’
needs and remain aesthetically pleasing. Ms. Place stated that the applicant would not need a
variance if the addition were located elsewhere on the property, but it would not look nice and
given the neighborhood, the applicant wanted the addition to be aesthetically pleasing. The
Board and Ms. Place briefly discussed the dimensions of the addition.
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:
Tim Moes & Dan Sidebottom – Walden Pond Ln. Neighbors – The neighbors asked questions
regarding the proposed addition and spoke against the proposed addition. Both Mr. Moes
and Mr. Sidebottom had objections to the granting of the requested Area Variance.
With everyone being heard who wished to be heard,
Chairman Finn closed the Public Hearing at 6:02 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 & Karam. No – Members Bilodeau &
Potter-Masler.
2. Can the benefits sought by applicant be achieved by other means feasible to
the applicant?
Finding: Yes – Members Aloi & Karam. No – Chair Finn, Members Bilodeau &
Potter- Masler.
3. Is the requested variance substantial?
Finding: No. 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 grant the Area Variance to allow for
an addition closer to the front and rear property lines than allowed, as requested. The
motion was seconded by Member Aloi, with the vote recorded as follows:
Ayes: Chairman Finn Nays: None
Public Hearings/Meeting Minutes - (T) Cortlandville ZBA 20 December 2022
Page 3 of 5
Member Aloi
Member Bilodeau
Member Karam
Member Potter-Masler
Motion carried.
This becomes Action #15 of 2022.
PUBLIC HEARING #2
Regan Development, Applicant/Joseph & Dante Armideo, Reputed Owners - 968 NYS
Route 13 - TM #96.13-01-02.110 – Use Variance to Allow for Only One Means of Egress and
Ingress; and for an Area Variance to Allow for Less Commercial Floor Area Than Required
Chairman Finn recognized Jamie Easton from EP Land Services representing the applicant,
Regan Development who was seeking a use variance to allow for only one means of egress and
ingress and an area variance to allow for less commercial floor area than required . Mr. Easton
was in attendance to discuss the new site location for Regan Development’s application. He
thanked the board for their time on the prior application. Mr. Easton explained that the project
was stopped mainly because of the mine site behind it and the Cortland County Community
Building, located just down the road where there is an air quality handler unit and the
manufacturer does metal forming of objects. Mr. Easton explained the new location for the
application is on NYS Route 13 next to Country Max. The Board and Mr. Easton briefly
discussed the application, the 68-unit apartment building with commercial space on the first
floor and the need for the use and area variance. Mr. Easton explained that the application for
the use variance was for one means of egress and ingress when code states there would have to
be two. The application for the area variance was for 30% commercial space on the first floor
where the code states that 100% commercial space is required. Mr. Easton stated that he was in
attendance for informational purposes only, the Board would not be voting on anything. The
Board and Mr. Easton discussed the additional traffic the project would create and the need for a
left-hand or center turn lane. Mr. Easton stated that the NYS DOT was looking at the traffic
patterns and accident reports pertaining to this proposed project and its new location, stating
that he should have more information within a few months. Mr. Easton asked the Board if they
had any concerns pertaining to either the use variance or the area variance. Member Aloi
discussed her concerns with the area variance, stating she was worried about safety with living
space and commercial space on the first floor. Member Bilodeau asked Mr. Easton what kind of
businesses would be located in the commercial space. Mr. Easton stated that a daycare would
typically be the first choice, nothing food related due to the smells and noise. The Board
expressed their concerns regarding traffic.
Attorney DelVecchio explained that this application is also in front of the Cortlandville Planning
Board and that the Town hired Barton & Loguidice to help with the SEQR process. Attorney
DelVecchio stated that the ZBA is an involved agency because of the variances and that if the
ZBA desires they can voice concerns to the Planning Board. Mr. DelVecchio stated that the
Planning Board has the tools to complete the SEQR and has done well in the past. Attorney
DelVecchio recommended that the ZBA consent to the Planning Board acting as lead agency.
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 6:45 p.m.
DISCUSSION/DECISION
Public Hearings/Meeting Minutes - (T) Cortlandville ZBA 20 December 2022
Page 4 of 5
A motion was then made by Member Bilodeau to consent to the Town Planning Board
acting as Lead Agency with regard to SEQR involving the applications. The motion was
seconded by Member Aloi, with the vote recorded as follows:
Ayes: Chairman Finn Nays: None
Member Aloi
Member Bilodeau
Member Karam
Member Potter-Masler
Motion carried.
This becomes Action #16 of 2022.
APPROVAL OF MINUTES
A motion was made by Member Aloi to approve the ZBA Minutes of 18 October 2022, 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
Member Karam
Member Potter-Masler
Motion carried.
This becomes Action #17 of 2022.
ADJOURNMENT
At 6:50 p.m., on a motion by Member Aloi, seconded by Member Bilodeau, and with everyone
present voting in the affirmative, the meeting was adjourned.
RE-OPEN
At 6:51 p.m., Chairman Finn reopened the meeting for the purpose of acting on a request for the
Town Planning Board to pay considerable attention to traffic during the SEQR review process.
Regan Development, Applicant/Joseph & Dante Armideo, Reputed Owners - 968 NYS
Route 13 - TM #96.13-01-02.110 – Use Variance to Allow for Only One Means of Egress and
Ingress; and for an Area Variance to Allow for Less Commercial Floor Area Than Required
Chairman Finn stated that the ZBA would like the Planning Board to understand that the ZBA
has may concerns regarding traffic and would like them to give special attention to that. No
Further conversation was heard.
DISCUSSION/DECISION
A motion was then made by Chair Finn to request that the Town Planning Board, as Lead
Agency, pay particular attention to traffic concerns during the SEQR process for the
applications. The motion was seconded by Member Aloi, with the vote recorded as follow s:
Ayes: Chairman Finn Nays: None
Public Hearings/Meeting Minutes - (T) Cortlandville ZBA 20 December 2022
Page 5 of 5
Member Aloi
Member Bilodeau
Member Karam
Member Potter-Masler
This becomes Action #18 of 2022
ADJOURNMENT
At 6:52 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, Deputy Town Clerk
for Joan E. Fitch, Board Secretary Draft emailed to KRP, AR, Bd. Members, JD,
BW, County Planning, DC & KM on 7/24/23.
Approved 7/24/23.