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HomeMy WebLinkAboutB - 02 ZBA Meeting Minutes 07/25/2023Page 1 of 5 TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS Public Hearings/Meeting Minutes - Tuesday, 25 July 2023 – 5:15 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 Abigail C. Albro, Board Secretary *Joanne Aloi John DelVecchio, Town Attorney Bernice Potter-Masler Carlos Karam Applicants & Public Present Martin Wirsig, Applicant; Nathan Warner, Applicant; Lisa Warner, Daniel Owen, & Thomas Kanaley. 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, July 25, 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 Martin Wirsig, 3658 Abdallah Ave., tax map # 96.10-02-03.000, for an Area Variance per Section 178- 12, to allow for a structure closer to rear property line than allowed. 2. In the matter of the application of Nathan Warner, 684 Hoy Rd., tax map# 85.11-02-02.000, for an Area Variance per Section 178-12, to allow for an agricultural structure on a lot smaller than allowed and closer to property lines 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. DATED: July 12, 2023 John Finn, Chairman Zoning Board of Appeals Town of Cortlandville Raymond G. Thorpe Municipal Building 3577 Terrace Road Cortland, New York 13045 PUBLIC HEARING #1 Public Hearings/Meeting Minutes - (T) Cortlandville ZBA 25 July 2023 Page 2 of 5 MARTIN WIRSIG, APPLICANT/REPUTED OWNER – 3658 ABDALLAH AVE. – TM #96.10-02- 03.000 – Area Variance to Allow for a Structure Closer to Rear Property Line Than Allowed Chairman Finn recognized the applicant who was seeking an Area Variance to allow for a structure (shed) closer to the rear property line than allowed for his personal use at the location shown on the drawing accompanying his application. Mr. Wirsig explained to the Board that the shed has been on his property for twenty-three years about one and a half feet away from the property line, and that he had applied for a Building Permit and Area Variance at the time. Mr. Wirsig stated that he wanted to move the shed to prepare for an addition to his garage, stating that the shed would now be about seven and a half feet from the property line. Since Mr. Wirsig wanted to move the shed there had been a complaint from a neighbor. Mr. Wirsig stated that through this process he was made aware that he needed to apply for an other Area Variance with the Town. Mr. Wirsig and the Board discussed the neighbor’s letter/complaints regarding water run-off and the setback. Mr. Wirsig explained that water run-off had never been an issue and that the shed would be further away from the property line than it currently is. The Board and Mr. Wirsig discussed the current location of the shed, the proposed location of the shed, and the expense of having a contractor move the shed. Planning/Zoning Office Bruce Weber stated that the code states that the shed should be forty feet from the property line because of the size of the shed (12x20). The Board and Mr. Wirsig discussed the addition to the garage and the easement with National Grid. Mr. Wirsig stated that he had not applied for a Building Permit from CEO McMahon due to waiting on a response from National Grid regarding the easement. Chairman Finn asked Mr. Wirsig if he would remove the shed from the property if the garage addition was approved. Mr. Wirsig stated that he hoped to. Chairman Finn asked Mr. Wirsig if National Grid would not approve the garage addition in the easement would he consider moving the shed back to its current location. Mr. Wirsig stated that it would be a possibility. Mr. Wirsig stated that there were several options, and it really comes down to National Grid’s decision with the easement. The Board and PZO Weber discussed the various options. At the end of discussion Mr. Wirsig stated that he felt he had a good chance of obtaining permission to build the addition from National Grid regarding the easement. Chairman Finn asked if there was anyone present who wished to speak regarding this var iance request; there was no one. With everyone being heard who wished to be heard, Chairman Finn closed the Public Hearing at 5:37 p.m. DISCUSSION/DECISION At the request of Chairman Finn, Member Bernice Potter-Masler 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? Public Hearings/Meeting Minutes - (T) Cortlandville ZBA 25 July 2023 Page 3 of 5 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 table the Area Variance to allow for a structure closer to the rear property line than allowed, until the November meeting to allow the applicant time to hear back from National Grid regarding an easement. The motion was seconded by Member Bilodeau, with the vote recorded as follows: Ayes: Chairman Finn Nays: None Member Bilodeau Member Karam Absent: Member Aloi Member Potter-Masler Motion carried. This becomes Action #8 of 2022. PUBLIC HEARING #2 NATHAN WARNER, APPLICANT/REPUTED OWNER – 684 HOY RD. – TM #85.11-02-02.000 – Area Variance to Allow for an Agricultural Structure on a Lot Smaller Than Allowed and Closer to Property Lines Than Allowed Chairman Finn recognized Nathan Warner who was seeking an Area Variance to construct a carport addition on the side his already existing pole barn for equipment storage, as shown on the drawings accompanying the application. The carport would be too close to the property lines and on a lot smaller than allowed; therefore, an Area Variance is required. Mr. Warner explained the history of the property to the Board. Mr. Warner stated that his wife’s family owned the property and the surrounding properties for years. Mr. Warner recently purchased the property from his father-in-law and would like to build the carport to have a safe place to store his equipment. Member Potter-Masler asked Mr. Warner if the family member (Aunt) that owns the property next to the pole barn would be willing to sell him enough land to make the carport in compliance with the code. Mr. Waner stated that the family member is not ready to sell at this time, but that it is in a legal contract that the family would get first right of refusal when the family member is ready to sell, and that he planned to purchase 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: Daniel Owen & Thomas Kanaley – Hoy Rd. Neighbors – The neighbors spoke in favor of the applicants plan and craftsmanship. They had no objection 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. Public Hearings/Meeting Minutes - (T) Cortlandville ZBA 25 July 2023 Page 4 of 5 DISCUSSION/DECISION At the request of Chairman Finn, Member Bernice Potter-Masler 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. All Board Members present agreed. A motion was then made by Member Karam to grant the Area Variance to allow for an agricultural structure on a lot smaller than allowed and closer to property lines than allowed, as requested. The motion was seconded by Member Bilodeau, with the vote recorded as follows: Ayes: Chairman Finn Nays: Potter-Masler Member Bilodeau Member Karam Absent: Member Aloi Motion carried. This becomes Action #9 of 2022. APPROVAL OF MINUTES A motion was made by Member Bilodeau to approve the ZBA Minutes of 20 December 2022 & 30 May 2023, as submitted. The motion was seconded by Member Potter-Masler, with the vote recorded as follows: Ayes: Chairman Finn Nays: None Member Bilodeau Member Karam Absent: Member Aloi Member Potter-Masler Motion carried. This becomes Action #10 of 2022. ADJOURNMENT At 6:09 p.m., on a motion by Member Potter-Masler, seconded by Member Bilodeau, and with everyone present voting in the affirmative, the meeting was adjourned. Public Hearings/Meeting Minutes - (T) Cortlandville ZBA 25 July 2023 Page 5 of 5 Abigail C. Albro, Board Secretary Draft emailed to KRP, AR, Bd. Members, JD, BW, County Planning, DC & KM on 8/15/23. Approved 8/29/23.