Loading...
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 Page 3 of 6 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 Page 4 of 6 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 Page 5 of 6 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.