Minutes for the Town of Preble
Zoning Board of Appeals July 6, 2006
Members present were, Chairman Daniel O’Shea, Bob Lieber, Brian Bartholomew and Kay Vossler.
Bill Underwood was absent. Attorneys Francis Casullo and Larry Knickerbocker were also
present.
OLD BUSINESS PUBLIC HEARING/ MARVIN WINDOWS
Chairman O’Shea opened the public hearing at 7:44 PM.
Jim Polowski of Marvin Windows took the floor and explained their plans to add a visitor center and warehouse. The set back variance is required because of the road, he explained.
There were no public comments. Hearing closed at 7:50 PM.
Board reviewed the Cortland County Planning departments recommendations.
The SEQR was submitted to the County.
RESOLUTION
To approve the variance request by Marvin Windows subject to site review and the Town of Preble Planning Boards approval consistent with the Cortland County Planning Department recommendations.
Whereas; The variance will not change the character of the neighborhood.
Whereas; There is no practical way to build and complete the road.
Whereas; The proposed variance is not substantial
Whereas; There is no adverse environmental impact.
Whereas The problem was not self created.
Whereas; The Cortland County Planning Department has recommended approval with environmental review.
Whereas; Planning Boards approval consistent with County recommendations.
Therefore be it resolved that the Preble Zoning Board of Appeals grant an Area variance to
Marvin Windows, subject to site Plan review .
Dan O’Shea (aye), Brian Bartholomew(aye), Kay Vossler(aye) and Bob Lieber (aye).
Bill Underwood was absent.
Motion Carried. 4-0 in favor with 1 absent.
OLD BUSINESS
BENNEDY FRONT AND SIDE YARD SET BACK VARIANCE
At 8:06 the Zoning Board reviewed the Cortland County Planning departments recommendations.
Mr. Bennedy stated that he is working on a new septic system.
Attorney Francis Casullo explained that the County has recommended denial of Mr. Bennedy’s Variance request due to how close the trailers would be to the road.
Bob Lieber stated that parked cars would be an issue and Board felt that there would not be enough room for emergency traffic or cars to pass.
Mr. Bennedy felt that he had Grand fathered rights, and that he should be able to add these trailers as long as he did not go over property lines.
Mr. Casullo stated that the ZBA can not tell Mr. Bennedy what to do to get these variances approved. You must reapply and follow the Cortland County Planning Departments recommendations.
Mr. Bennedy stated that he felt the Highway Supervisor did not have a problems with his plans as long as he did not go over property lines. He stated that everything will be done nice and neat.
He would like to add 8 trailers to the South Side of the Park.
Bob Lieber feels that they would be granting a variance to cover a variance and that it is too much.
Brian Bartholomew stated that Mr, Bennedy keeps coming back and changing his plans. He is not comfortable with the way things are going and feels that the variances are too great to give.
Francis Casullo stated that based on the application in it’s present form and the County recommendation to deny, he would recommend that Mr. Bennedy go back to the County and get these issues resolved out and file a new application.
RESOLUTION
Brian Bartholomew motioned to deny the Ed Bennedy set back and front yard variance application.
Whereas; based on the Cortland County Planning Departments recommendation, that as a whole the rear and front yard are substantially less than required. Be it resolved that the Ed Bennedy Variance application be denied.
Seconded by Bob Lieber. Motion carried, vote was 4-0 in favor with 1 absent .
Brian Bartholomew (Nye), Bob Lieber (Nye), Kay Vossler (Nye) and Dan O’Shea( Nye).
Bill Underwood was absent.
NEW BUSINESS
Gloria Wright of 1866 Fulmer Road, Town of Preble would like to construct a garage.
The proposed garage would require a side yard variance from page 24, section 515, side yard variance in zoning ordinance.
RESOLUTION
Brian Bartholomew motioned to hold as public hearing on August 3, 2006 at 7:30 PM at the Preble Town Hall and Kay Vossler seconded the motion. Vote was 4-0 in favor with 1 absent.
Brian Bartholomew (aye), Kay Vossler (aye), Bob Lieber (aye) and Dan O’Shea (aye).
Bill Underwood was absent. Motion Carried.
RESOLUTION
Brian Bartholomew motioned to approve the minutes from June 1, 2006 meeting with changes and Bob Lieber seconded . Motioned carried, Brian Bartholomew (aye), Bob Lieber (aye), Kay Vossler (aye) and Dan O’Shea (aye). Bill Underwood was absent.
RESOLUTION
Motion to adjourn. Motion carried, vote was 4-0 in favor, 1 absent.
Meeting closed at 9:17 P.M.
Respectfully,
Sharon Cassidy Flint
official