HomeMy WebLinkAboutB - 03 Zoning Board Minutes 11/28/2023Page 1 of 6
TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS
Public Hearings/Meeting Minutes - Tuesday, 28 November 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
Marty Wirsig, Applicant; Jeff & Sheila Guido, Applicant; Erich Haesche, Applicant, Representing
Cortland Christian Radio, Inc.; Sue Haesche; Jeremiah Harsche; Levi Haesche; George Haesche;
J. Quaile; Thomas Sands; Shaun Sweeney; Barbara Wood; and Evelyn Sammons.
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, November 28, 2023, at 5:15 p.m. at the Raymond
G. Thorpe Municipal Building, 3577 Terrace Road, 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-
21B(2), to allow for a structure closer to rear property line than
allowed.
2. In the matter of the application of Cortland Christian Radio, 4310
Fairgrounds Dr., tax map #76.19-01-29.200, for a Use Variance per
Section 178-36.2, 109, to allow for a structure accessory to a radio
tower.
3. In the matter of the application of Jeffrey Guido, 3637 Abdallah Ave.,
tax map #96.10-01-12.000, for an Area variance per Section 178-
21B(2), to allow for a structure closer to rear property line than
allowed.
The above applications are on our website at www.cortlandville.org, at the office of Bruce A. Weber,
Planning & Zoning Officer, or call (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: November 15, 2023
John Finn, Chairman
Zoning Board of Appeals
Public Hearings/Meeting Minutes - (T) Cortlandville ZBA 28 November 2023
Page 2 of 6
PUBLIC HEARING #1
MARTIN WIRSIG, APPLICANT/REPUTED OWNER – 3658 ABDALLAH AVE. – TM #96.10-02-
03.000 – Area Variance to Allow for a Structure (shed) 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 rear property line than allowed. Mr. Wirsig returned after his application was tabled
for 6 months pending a response from National Grid regarding an easement for an addition to his
garage. Attorney DelVecchio informed the Board and everyone in attendance that Member Aloi
recused herself from this public hearing due to the fact that she is the complaining party and lives
in the area. The Board and Mr. Wirsig discussed the progress with National Grid and whether or
not the garage addition, which could eliminate the need for the shed, would be moving forward.
Mr. Wirsig stated that he heard from National Grid with three requests (insurance, a spotter, and
a list of building materials) and that he felt he would be granted an easement. There was much
discussion between the Board, Attorney DelVecchio, and Mr. Wirsig regarding the possible addition
to the garage, an easement from National Grid, the old shed that was there when Mr. Wirsig
purchased the property and its location, and the new shed and its old/current location. PZO Weber
clarified that the application before the Board is for an Area Variance for Mr. Wirsig to move his
shed 7.26 feet from the rear property line. PZO Weber explained that currently the shed is 18
inches from the rear property line and due to do size of the shed a 40-foot setback is required. Mr.
Wirsig explained that a 40-foot setback is impossible due to the sewer ventilation and the size of
the lot.
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:
Barbara Wood & Joanne Aloi – Abdallah Ave. Neighbors – Neighbor, Barbara Wood, spoke in
favor of the applicant’s plan, stating that Mr. Wirsig “is the best neighbor you could possibly
have”. Ms. Wood had no objection to the granting of the requested Area Variance. Neighbor,
Joanne Aloi, stated that she agreed that Mr. Wirsig is a good neighbor and that this is strictly
about following the code. Mrs. Aloi described some of the issues relating to the water runoff
from the shed and mildew damage in her backyard. Mrs. Aloi was not in favor of granting the
requested Area Variance.
With everyone being heard who wished to be heard,
Chairman Finn closed the Public Hearing at 5:54 p.m.
DISCUSSION/DECISION
At the request of Chairman Finn, PZO Weber 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 – Member Potter-Masler. No - Chair Finn & Member Karam.
2. Can the benefits sought by applicant be achieved by other means feasible to the
applicant?
Public Hearings/Meeting Minutes - (T) Cortlandville ZBA 28 November 2023
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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: Yes – Member Potter-Masler. No - Chair Finn & Member Karam.
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 a
structure (shed) closer to rear property line than allowed, with a setback of 14 feet from the
rear property line and a requirement that no gutters be added to the structure (shed) or the
applicant can move the structure (shed) back to its original location. The motion was
seconded by Member Karam, with the vote recorded as follows:
Ayes: Chairman Finn Nays: None
Member Karam Recused: Member Aloi
Member Potter-Masler Absent: Member Bilodeau
Motion carried.
This becomes Action #13 of 2023.
PUBLIC HEARING #2
CORTLAND CHRISTIAN RADIO, INC. (ERIC HAESCHE), APPLICANT/REPUTED OWNER –
4310 FAIRGROUNDS DR. – TM #76.19-01-29.200 – Use Variance to Allow for a Structure
(building) Accessory to a Radio Tower
Chairman Finn recognized the applicant who was seeking a Use Variance to allow for a structure
(building) accessory to a radio tower. Mr. Haesche explained that the radio station is currently
operated in the old school building on Fisher Ave., which is now up for sale. Mr. Haesche stated
that the radio station cannot afford to purchase the building and complete all the repairs the
building needs. Mr. Haesche stated that the radio station would like to purchase the lot next door
and build a small building so they would still be located near the radio tower. Mr. Haesche
explained that most of the work running the radio station is done remotely via computers and
phones and that typically they would spend about four hours a month at the radio station. PZO
Weber explained that when the radio tower went up it was conforming to the zoning for the property
at that time, now the zoning for the property has changed. Mr. Haesche explained that the radio
station does not yet own the property, the radio station would like to seek approvals first beca use
they will not purchase the property if they are not able to receive approval to build the new station.
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:
Thomas Sands & Shaun Sweeney - Fisher Ave. & Fairground Dr. Neighbors – Neighbor,
Thomas Sands, spoke in favor of the applicant’s plan, stating that he hoped some dangerous
trees on the property would be removed during the process. He had no objection to the
granting of the requested Use Variance. Neighbor, Shaun Sweney, spoke on behalf of the
Public Hearings/Meeting Minutes - (T) Cortlandville ZBA 28 November 2023
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Cortland County Junior Fair, stating that the Fair Board is interested in purchasing the
property for the Fair but would have no objections with the radio station using the space as
a tenant. Mr. Sweeney did not offer an opinion whether he was for or against the granting of
the requested Use Variance.
With everyone being heard who wished to be heard,
Chairman Finn closed the Public Hearing at 6:22 p.m.
DISCUSSION/DECISION
At the request of Chairman Finn, Member Joanne Aloi proceeded with the required questions
(balancing test) for a Use Variance for the Structure (building) Accessory to a Radio Tower; the
responses given by the ZBA members, were as follows:
1. Has the Applicant demonstrated that the Applicant cannot realize a reasonable
return, and that the lack of return is substantial and has been demonstrated by
competent financial evidence?
Finding: Yes. All Board members present agreed.
2. Has the Applicant demonstrated that the alleged hardship relating to the
property in question is unique and does not apply to a substantial portion of the
district or neighborhood?
Finding: Yes. All Board members present agreed.
3. Has the Applicant demonstrated that the requested use variance, if granted, will
not alter the essential character of the neighborhood?
Finding: Yes. All Board members present agreed.
4. Has the Applicant demonstrated that the alleged hardship has not been self-
created?
Finding: Yes. All Board members present agreed.
With no further discussion, a motion was made by Member Karam to grant the Use Variance
to Allow for a Structure (building) Accessory to a Radio Tower. The motion was seconded
by Member Aloi, with the vote recorded as follows:
Ayes: Chairman Finn Nays: Member None
Member Aloi
Member Karam Absent: Member Bilodeau
Member Potter-Masler
Motion carried.
This becomes Action #14 of 2023.
PUBLIC HEARING #3
JEFFREY GUIDO, APPLICANT/REPUTED OWNER – 3637 ABDALLAH AVE. – TM #96.10-01-
12.000 – Area Variance to Allow for a Structure (shed) 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 rear property line than allowed. Mr. Guido explained that the shed that came with
his house when he purchased the property fifteen years ago needs to be replaced and that it
currently sits three and a half feet to four feet from the rear property line. Mr. Guido stated that
Public Hearings/Meeting Minutes - (T) Cortlandville ZBA 28 November 2023
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since he must replace the shed if the Board would allow him, he would like to make the
replacement shed larger (12 x 12 or 12 x 16). PZO Weber clarified that a ten-foot set back would
be required from the rear of the property line whether the replacement shed stays the same size
or is slightly larger, as long as the replacement shed is less than 200 sq. ft. The Board, PZO Weber,
and Mr. Guido discussed the replacement shed’s possible size and location.
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 w as no one.
With everyone being heard who wished to be heard,
Chairman Finn closed the Public Hearing at 6:37 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: 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 – Chair Finn, Member Aloi, & Member Karam. Abstain – Member
Potter-Masler.
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 a
structure (shed) closer to rear property line than allowed, if the replacement structure (shed)
remains the same size (8 x 12) it can remain in its current location 3 feet 5 inches from the
rear property line, if the replacement structure (shed) is larger (12 x 12 or 12 x 16) a setback
of 7 feet from the rear property line is required. The motion was seconded by Member Karam,
with the vote recorded as follows:
Ayes: Chairman Finn Nays: None
Member Aloi
Member Karam Absent: Member Bilodeau
Member Potter-Masler
Motion carried.
This becomes Action #15 of 2023.
Public Hearings/Meeting Minutes - (T) Cortlandville ZBA 28 November 2023
Page 6 of 6
APPROVAL OF MINUTES
A motion was made by Member Potter-Masler to approve the ZBA Minutes of 24 October
2023, as submitted. The motion was seconded by Member Aloi, with the vote recorded as
follows:
Ayes: Chairman Finn Nays: None
Member Aloi
Member Karam Absent: Member Bilodeau
Member Potter-Masler
Motion carried.
This becomes Action #16 of 2023.
ADJOURNMENT
At 6:51 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.
Abigail C. Albro, Board Secretary Draft emailed to KRP, AR, Bd. Members, JD,
BW, County Planning, DC & KM on 12/13/23.
Approved 12/26/23.