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HomeMy WebLinkAbout2020-09-23 ZBA Minutes FinalPage 1 of 6 TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS Public Hearings/Meeting Minutes - Tuesday, 23 September 2020 – 6 PM Water & Sewer Garage – Terrace Road – Cortland, NY Board Members (*absent) Others Present John Finn, Chairman Bruce Weber, Planning/Zoning Officer Thomas Bilodeau Joan E. Fitch, Board Secretary Joanne Aloi John DelVecchio, Town Attorney Bernice Potter-Masler (via Zoom) Carlos Karam Applicants & Public Present (per Nick Alteri, C’ville Reception) Corby Reynolds for Corby Reynolds & Jaime Biglarderi, Applicants; James Hickey for Charles Signs, Applicant; Attorney William Pomeroy & Ian Gibbons for Gibbons Construction Services, Applicant; Jeremy Knout, Jon Romeo. The Public Hearing was opened at 6:30 p.m. by Chairman John Finn, who read aloud the Legal Notice as published in the Cortland Standard on 9 September 2020, as follows: NOTICE IS HEREBY GIVEN that a public hearing before the Zoning Board of Appeals of the Town of Cortlandville will be held Wednesday, September 23, 2020 at 6:00 p.m. at the Cortlandville Water & Sewer Garage across the parking lot from 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 Corby Reynolds-Jaime Biglarderi for property located at 4037 Kinney Gulf Road, Tax Map No. 86.09-01-13.000, for an Area Variance in the terms and conditions of Section 178-17 B 4 to allow for a pool in the front yard. 2. In the matter of the application of James Hickey–Charles Signs for property located 3860 NYS Route 281, Tax Map No. 88.17-01-10.220, for an Area Variance in the terms and conditions of Section 178-104 K to allow for an expansion of a non-conforming structure and a Use Variance per section 178- 111 to allow for an animated sign. 3. In the matter of the application of Glenn J. Evans for property located at 1307 Starr Road, Tax Map No. 96.11-02-07.000, for a Use Variance in the terms and conditions of Section 178-20 to allow for a p\Professional Office in an R2 District. 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 hearing may do so in person, by Attorney, or other representative. Communications in writing in relation thereto may be filed with the Board or at such hearing. Attendance at the meeting will require you to wear a mask, practice social distancing, and consent to your temperature being taken. We request that only one member of the household attend due to space limitations. John Finn, Chairman Zoning Board of Appeals (Note: Proof of Publication has been placed on file for the record.) Minutes – Public Hearings - (T) Cortlandville Zoning Board of Appeals 23 September 2020 Page 2 of 6 PUBLIC HEARING #1 Corby Reynolds & Jaime Biglarderi, Applicants/Reputed Owners – 4036 Kinney Gulf Road – TM #86.09-01-13.000 – Front Yard Less Than Allowed Chairman John Finn recognized Mr. Reynolds who was seeking an Area Variance to construct an in-ground swimming pool on the east side of his home which would extend partially in front of the home where it gets the most sun. He stated he was limited for space to have a pool because his property is on a hillside, which would also create drainage issues. The brush that is currently where the pool is proposed will be removed will make the area more aesthetic, he said. PZO Bruce Weber explained that a variance was needed because the pool would be in what is considered the front yard. Mr. Reynolds added that the pool will be enclosed by a six-foot high cedar, privacy-style fence. His home also has cedar siding and this will match. Chairman Finn asked if there was anyone present who wished to speak on this matter; there was no one. With everyone being heard who wished to be heard, Chairman Finn closed the Public Hearing at 6:07 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: No. All Board members present agreed. 3. Is the requested variance substantial? Finding: No – Chairman Finn, Members Bilodeau & Aloi. Yes – Members Karam & Potter-Masler. 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. With no further discussion, a motion was made by Member Bernice Potter-Masler to grant the area variance to construct a swimming pool, as requested, conditioned upon a privacy fence being installed. The motion was seconded by Member Tom Bilodeau, with the vote recorded as follows: Ayes: Chairman Finn Nays: None Member Bilodeau Member Aloi Member Potter-Masler Member Karam Motion carried. This becomes Action #19 of 2020. Minutes – Public Hearings - (T) Cortlandville Zoning Board of Appeals 23 September 2020 Page 3 of 6 PUBLIC HEARING #2 James Hickey – Charles Signs, Applicant/Jack’s Oil, Inc. Reputed Owner – 3860 NYS Route 281 – TM #86.17-01-10.220 –Use & Area Variances for Animated Sign Chairman Finn recognized Mr. Hickey who was seeking a Use Variance for an animated sign, and an Area Variance for an expansion of a non-conforming structure (existing pole sign). He explained that the owner would like to replace the faces in the existing illuminated sign and install a new, LED, full-color three-foot by eight-foot message center (animated) sign below the existing sign, all without increasing the height of the 16-foot sign. Mr. Hickey stated he was requesting a sign change time of from ten to fifteen seconds. The NYSDOT, he said had done a study regarding this and found a driver spent no more time looking at an animated sign than a standard sign, concluding that there was no impact on a driver’s attention or peripheral vision. The existing sign is no farther back than the other signs in the area. Chairman Finn asked if there was anyone present who wished to speak on this matter; there was no one. With everyone being heard who wished to be heard, Chairman Finn closed the Public Hearing at 6:22 p.m. DISCUSSION/DECISION In response to a question from the Board, PZO Weber said that the reason the sign is non- conforming is because of its height; however, it is considered “grandfathered in.” He also advised the Board that they should consider the Use Variance first, as that would decide whether there will be an Area Variance. At the request of Chairman Finn, Member Joanne Aloi proceeded with the required questions (balancing test) for a Use Variance; 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: No – Members Aloi & Potter-Masler. Yes – Chairman Finn, Members Bilodeau & Karam. 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: No. 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 – Chair Finn, Members Bilodeau, Aloi, Potter-Masler. No – Member Karam. Chairman Finn then acknowledged receipt of the Cortland County Planning Board’s Resolution No. 20-17 of 16 September 2020 which recommended approval of the application with contingencies, a copy of said resolution has been placed on file for the record. Minutes – Public Hearings - (T) Cortlandville Zoning Board of Appeals 23 September 2020 Page 4 of 6 Uniqueness of the project was thoroughly discussed by the Board and the applicant’s representative. Mr. Hickey explained how small businesses like this would benefit from the variance; they need the ability to communicate with their customers. At the conclusion of this discussion regarding uniqueness, each of the Board members changed their vote on #2 above to yes. The Board then discussed #3a of the County’s Resolution pertaining to colors/brightness of the proposed sign. Mr. Hickey explained the difference between daytime and nighttime illumination. At the conclusion of this very thorough discussion, a motion was made by Member Bilodeau to grant the Use Variance for the animated sign with a ten-second time limit on the change of the sign message. The motion was seconded by Member Potter-Masler, with the vote recorded as follows: Ayes: Chairman Finn Nays: None Member Bilodeau Member Aloi Member Potter-Masler Member Karam Motion carried. This becomes Action #20 of 2020. A motion was then made by Member Aloi to grant the Area Variance for an expansion of a non-conforming structure, as requested. The motion was seconded by Member Karam, with the vote recorded as follows: Ayes: Chairman Finn Nays: None Member Bilodeau Member Aloi Member Potter-Masler Member Karam Motion carried. This becomes Action #21 of 2020. PUBLIC HEARING #3 Gibbons Construction Services, Inc., Applicant/Glenn J. Evans, Reputed Owner – 1307 Starr Road – TM #96.11-02-07.000 – Professional Office in R2 District Chairman Finn recognized Attorney Bill Pomeroy, representing the owner who was seeking a Use Variance to use a vacant church building as offices and storage for a construction business. Attorney Pomeroy gave a brief history of this property which included the issuance of a Use Variance in 2014 to have a community woodworking shop, which was not successful, at this location. The owner now has the opportunity to sell this property to a small remodeling business which proposes to utilize the existing building as its professional offices and has made a Purchase Offer. There would be no exterior changes to the building or the site. Attorney Pomeroy reviewed the items contained in the Balancing Test for a Use Variance, a copy of which has been placed on file for the record. As stated in the narrative by Ian J. Gibbons, which was attached to the application, there will be no construction equipment onsite, as his business does not require such as he does interior remodeling. Work crews will come to the site around 7 to 7:30 a.m., pick up the towable enclosed trailers and/or one open trailer and leave for their job site(s), returning around 3:30 to 4 p.m. The trailers would come and go as needed and will be parked in the rear parking lot when not in use. Hours of operation are 7 a.m. thru 5 p.m., Monday thru Friday. They employ ten skilled carpenters in the field and has an office staff of three. Tools and a small amount of sample materials will be stored in the basement. They Minutes – Public Hearings - (T) Cortlandville Zoning Board of Appeals 23 September 2020 Page 5 of 6 also will have a six-foot high white vinyl fenced-in area to conceal a dumpster for construction debris; this will be placed in the back corner of the lot with no view of it from any direction. No other construction equipment will be permanently or temporarily placed at the location. Member Aloi asked about a sign, and Mr. Gibbons responded he will replace the existing sign with his own, unlighted and the same size. Chairman Finn asked if there was anyone present who wished to speak on this matter; there was no one. With everyone being heard who wished to be heard, Chairman Finn closed the Public Hearing at 7:20 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. 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 Bilodeau to grant the Use Variance to allow for a Professional Office in an R2 District, as requested. The motion was seconded by Member Karam, with the vote recorded as follows: Ayes: Chairman Finn Nays: None Member Bilodeau Member Aloi Member Potter-Masler Member Karam Motion carried. This becomes Action #22 of 2020. Minutes – Public Hearings - (T) Cortlandville Zoning Board of Appeals 23 September 2020 Page 6 of 6 APPROVAL OF MINUTES A motion was made by Member Aloi to approve the ZBA Minutes of 25 August 2020, as submitted. The motion was seconded by Member Karam, with the vote recorded as follows: Ayes: Chairman Finn Nays: None Member Bilodeau Member Potter-Masler Member Aloi Member Karam Motion carried. This becomes Action #23 of 2020. ADJOURNMENT At 7:32 p.m., on a motion by Member Karam, seconded by Member Aloi, with everyone present voting in the affirmative, the meeting was adjourned. __ _________________ Joan E. Fitch, Board Secretary Draft emailed to KRP, AR, Bd. Members, JD, BW, DD, DC, KM on 10/22/20. Rev. #22 wording on 10/23. Approved 10/28/20.