On the agenda: Elmira Sept 16 2026 DRAFT — data center (Sep 16)

TOWN OF SOUTHPORT
1139 Pennsylvania Avenue
Elmira, NY 14904

MINUTES TO BE APPROVED
BY BOARD OF APPEALS

BOARD OF APPEALS
MINUTES
WEDNESDAY, SEPTEMBER 16, 2026
INFORMATIONAL MEETING
KELSIE ANDERSON
RE: 140 STROUSE ROAD, PINE CITY, NY 14871
USE VARIANCE
REVIEW, DISCUSSION AND RESOLUTION
SOUTHPORT COMPREHENSIVE PLAN
7:00 PM
SOUTHPORT TOWN HALL
1139 PENNSYLVANIA AVENUE
ELMIRA, NY 14904
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Minutes of the Zoning Board of Appeals, Town of Southport held at the Southport Town Hall, 1139 Pennsylvania Avenue,
Elmira, New York on September 16, 2026 at 7:00 pm.
Item No. 1 - Call to Order
Board Members Present:

Attendance
Belinda Combs
Justin Faulkner
Susan Silvers

Meeting Called to Order: 7:05 pm
Alternate: No Alternate at This Time

Board Members Absent:

Shawn Crater
Kenneth Wrigley

Others Present:

Megan Dorritie, Town Attorney
Peter Rocchi, Town Code Enforcement Officer
Bonnie Balok, Secretary-Zoning Board of Appeals

Item No. 2 - Approval of Minutes of January 21, 2026
The ZBA met on January 21, 2026 to conduct an organizational meeting. The ZBA has not met since that date.
Therefore, the January minutes were reviewed and voted upon at the September 16, 2026 meeting. Ms. Silvers
made a motion to approve the January 21, 2026 minutes. Ms. Combs seconded the motion. Minutes of January
21, 2026 were unanimously approved as written.
Item No. 3 – Informational Hearing
Kelsie Anderson, 2008 Old Route 22, Lenhartsville, PA
Re: 140 Strouse Road, Pine City, NY 14871

Use variance-560 foot shed for use as a hunting cabin

Tax Map No. ll6.00-1-61.2

Applicant not in attendance at the hearing. A call was placed to the applicant and the applicant attended the
hearing via the phone in process.

Zoning Board of Appeals-Town of Southport
Page 2 of 4
Minutes of September 16, 2026 - Informational Hearing-K Anderson and Town Comprehensive Plan
The Board briefly discussed the Town’s Comprehensive Plan until the applicant was available to discuss the use variance
request via the phone in process. Motion by Chairman Faulkner to return to the Informational Hearing; seconded by Ms.
Silvers. Unanimously approved to return to the Informational Hearing.

Item No. 3 – Informational Hearing (continued_
Kelsie Anderson, 2008 Old Route 22, Lenhartsville, PA
Re: 140 Strouse Road, Pine City, NY 14871

Use variance-560 foot shed for use as a hunting cabin

Tax Map No. ll6.00-1-61.2

Chairman Faulkner read the details of the applicant’s request, as listed above, and requested Ms. Anderson
provide information concerning her request for a use variance.
Ms. Anderson: Advised she had made a mistake and assumed it was okay to put a non-permanent structure on
her land without a primary structure. Ms. Anderson explained she and her brothers built the shed, but now she
understands she should have had a primary structure first, but she does not have the money to build a primary
structure now.
Ms. Silvers:
live there?

Asked if at some point in time, Ms. Anderson would be building a primary structure and

Ms. Anderson:

Advised she was not sure yet.

Chairman Faulkner: Asked if the current structure was a pre-fab shed?
Ms. Rocchi:

Advised there are two (2) pre-fab sheds there.

Ms. Combs:

Asked what is there now?

Ms. Anderson:
Explained there is a stone pad and the sheds are on that pad. No well, no running water, no
electric, just a generator. Presently there is a foldout bed, cabinets, shower, stove, toilet and tank in the ground.
Ms. Silvers:
Advised if this was not approved by the Health Department, if a hole was dug, and no
leach field was put in, this is totally illegal.
Ms. Combs:

Asked if these are pre-fab sheds, could they be moved out?

Ms. Anderson:

Explained she had added onto the sheds with an addition of a 14’ x 20’ hook to it.

Ms. Silvers:

Explained this hunting shed on five (5) acres is not very much for hunting.

Ms. Anderson:
Advised there is a tree stand and they shoot up the hill. One of the neighbors hunts on his
property and on their property also. They also take their camper up to the property to get away.
Ms. Combs:

Asked if they sleep in the building?

Ms. Anderson:

Advised, no not since the “stop work order” was issued. They use the camper.

Ms. Silvers:

Asked if they have the camper as an alternative way to stay there?

Ms. Anderson:
Explained they are selling the camper next month, but could buy another camper. They
don’t want to tear the sheds down and asked if they could pay a fine or whatever it takes?
Attorney Dorritie:
Advised, if the Board has everything they need, they can make a resolution that the
application is complete, it is an unlisted action for SEQR purposes, there will be a public hearing in October, and
no referral to the County Planning Board.
Chairman Faulkner: Asked about the waste water.
Attorney Dorritie:

Advised that will be part of SEQR.

Zoning Board of Appeals-Town of Southport
Page 3 of 4
Minutes of September 16, 2026 - Informational Hearing-K Anderson and Town Comprehensive Plan

Ms. Anderson:
property.

Explained her husband is an excavator and can do things that might be needed on the

Ms. Combs:
order.

Advised that is not the ZBA’s purview. Important to get your rules and regulations in

Ms. Silvers:
Explained if Ms. Anderson is looking at installation of a septic system, the cost would be
in the area of $25,000 to $30,000.
Chairman Faulkner: Advised under the scope of what this Board would be looking at is a use variance and the
Board has to ask four (4) questions, and if one or more of the factors is not proven, NYS law requires that we
must deny the variance. (The four (4) questions referred to were provided previously to the applicant by the
Zoning Department, but Chairman Faulkner read the four (4) use variance questions so the applicant would be
informed of the questions she is required to answer at the October Public Hearing). Chairman Faulkner further
advised if Ms. Anderson would like to proceed, we would have a public hearing on October 21, 2026 at 7:00 pm.
There are requirements such as posting in the newspaper, sign on the property and we would hold the public
hearing which would be somewhat similar to the hearing tonight. The Board would make a determination on
granting the variance or denying the variance.
Ms. Anderson:

Asked the Board what they would like her to do before the October 21 st hearing?

Chairman Faulkner: Explained she should come up with the answers to the four (4) use variance questions. The
meeting tonight is information gathering and we would not be voting tonight.
Ms. Anderson:
problem.

Stated her other option is she could sell the property as is and now it’s someone else’s

Attorney Dorritie:
Advised this is not an allowed use, the Zoning Board of Appeals through a use variance
can make an exception, if in fact those four (4) questions are answered in a way that allows them to do that. As
far as other things that you can do on the property that is not within the ZBA’s purview and not something they
will be considering. The use variance is an option, if Ms. Anderson meets the criteria.
Chairman Faulkner: Advised Ms. Anderson, if she wishes to proceed with the public hearing she should get
together with the Code Enforcement Officer.
Mr. Rocchi:
If Ms. Anderson has questions, she can call us. Otherwise, she just needs to show up for
the public hearing on October 21st.
Ms. Anderson:

Asked if she needs to attend the meeting in person because she lives three (3) hours away?

Attorney Dorritie:

That is up to the discretion of the Zoning Board of Appeals.

Chairman Faulkner:

Advised virtual or in person attendance is fine with him.

Attorney Dorritie:
Explained this will be a public hearing, it will be advertised and there may be other members of the
public here and if Ms. Anderson is attending virtually, Ms. Anderson will not be able to see the individuals, because the
cameras are focused on the Board. That is the only drawback, but Ms. Anderson should be aware of that. The Resolution
that sets the public hearing classifies this as an unlisted action for SEQR purposes and no referral to the County Planning
Board.
Ms. Silvers:
Advised she would like to adopt the language that has been used. Ms. Silvers made a motion to
adopt this language. Ms. Combs seconded the motion. Unanimously approved.
Chairman Faulkner:
Advised the Board will see Ms. Anderson on October 21, 2026 and he will leave it up to Ms.
Anderson’s discretion as to whether she attends the public hearing virtually or in person.

Zoning Board of Appeals-Town of Southport
Page 4 of 4
Minutes of September 16, 2026 - Informational Hearing-K Anderson and Town Comprehensive Plan
Mr. Rocchi:
Asked Ms. Anderson to let the Code Department know if she will be attending in person or not.
Meeting is held at the Southport Town Hall, 1139 Pennsylvania Avenue, Elmira, NY, October 21, 2026, 7:00 pm.
Public Hearing scheduled for Wednesday, October 21, 2026, 7:00 pm concerning the use variance.
Informational Hearing Adjourned:

7:40 pm

Item No. 4 – New Business
Review, Discussion and Resolution -Southport Comprehensive Plan.
Discussion took place concerning ways to promote agribusiness, off-grid opportunities, streamline applications
for families to add on an ADU unit, mixed use for senior housing to include room for doctors to come to the
facility once a week, concern about primary soil and NYS soil understanding that one is not less than the other
with respect to things that can be put on there, woodlands, timber and conservation practices done properly based
on conservation practices through USDA, to promote conservation efforts for all types of soil not just primary
soil. Reduce costs to public use buildings, provide credits, neutral power to data centers, reduce tax liability to
citizens who live here, with respect to deterioration of properties, stricter enforcement for zoning violators, and
streamline/make it easier for small businesses.
Attorney Dorritie will draw up the Resolution for Chairman Faulkner to review and sign.
Item No. 5 – Old Business
Based upon the resignation of Mr. Collier, who served as the Alternate ZBA member, the Board requested a letter
be sent to the Town Clerk requesting applications for an alternate Board member. Motion-Ms. Combs: send a
letter to the Town Clerk to advertise for an alternate ZBA member; Seconded-Ms. Silvers. Unanimously
approved to send a letter to the Town Clerk to advertise for applicants to serve as alternate ZBA member.
Item No. 6– Discussion
No further discussion.
Item No. 7 – Adjournment
Ms. Silvers made a motion to adjourn; seconded by Ms. Combs. Adjournment unanimously approved.
Meeting Adjourned: 8:05 pm
Original on File:
C:

Town Clerk
Town Board, Board of Appeals, Planning Board, Town Supervisor, Town Attorney,
Town Assessor, Town Code Enforcement Officer, Applicant Ms. Anderson

Bonnie Balok, Secretary
Zoning Board of Appeals
September 17, 2026

MINUTES TO BE APPROVED
BY BOARD OF APPEALS