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HomeMy WebLinkAbout2020-01-07 ZBA Minutes FinalPage 1 of 3 TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS Public Hearing/Meeting Minutes - Tuesday, 7 January 2020 – 6:30 PM Town Hall Court Room – 3577 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 Vacancy Applicants & Public Present Brian Bouchard for UCK Three, Applicant; Luke Rotunno, Applicant; Eric Barden, Marie Couts (? – did not sign Attendance Sheet), Roneida Ghadbon, Pamela Jenkins, Tom Moes. The Public Hearing was opened at 5:30 p.m. by Chairman John Finn, who read aloud the Legal Notice as published in the Cortland Standard on 23 December 2019, as follows: NOTICE IS HEREBY GIVEN that a public hearing before the Zoning Board of Appeals of the Town of Cortlandville will be held Tuesday, January 7, 2020 at 6:30 p.m. at 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 UCK Three (Sun Auto) for property located at 3845 & 3861 NYS Route 281, Tax Map Nos. 86.17-02-03.000 & 86.17-01- 11.100, for a variance in the terms and conditions of Section 178-2.2, 111B & 113 & 90 C (1), to allow for less than 50% green space, signs closer to property line than allowed, a greater number of signs with a height greater than allowed & exemption from Stormwater regulations. 2. In the matter of the application of Luke Rotunno for property located on Walden Pond Lane, Tax Map No. 96.00-06-02.100, for a variance in the terms and conditions of Section 178-54 Bc, R-2 Bulk Regulations to allow for a front and rear yard less than allowed. 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 hearings. John Finn, Chairman Zoning Board of Appeals (Note: Proof of Publication has been placed on file for the record.) PUBLIC HEARING #1 UCK Three LLC, Applicant/Reputed Owner – 3845 NYS Route 281 – TM #86.17-02-03.000 and 3861 NYS Route 281 – TM #86.17-01-11.100 – Multiple Variances (Reference is made to the 29 October and 3 December 2019 Minutes for additional details regarding these variances. At the December meeting, the Board postponed any decision on the pole signs until this meeting, in order to allow Board members to visit the site.) Minutes – Public Hearings - (T) Cortlandville Zoning Board of Appeals 7 January 2020 Page 2 of 3 Chairman Finn recognized Brian Bouchard, PE, of CHA, Syracuse, NY, representing the applicant who was seeking a variance for signs closer to property line than allowed, and a greater number of signs with a height greater than allowed. All other variance requests had been dealt with at previous public hearings, except for that of the pole signs. Mr. Brouchard explained to everyone that all variances requested had been acted upon at the December meeting except for the banner signs, as shown on the drawings accompanying the application. The applicant was requesting banners on the poles at the front of the site. They would be okay with having less signs than they asked for he stated. Chairman Finn stated that he had visited their site in Cicero and noticed there were several poles that did not have banner signs on each side. Chairman Finn asked if there was anyone present from the public who wished to comment on the matter; there was no one. With everyone being heard who wished to be heard, Chairman Finn closed the Public Hearing at 6:34 p.m. DISCUSSION/DECISION The Board members reviewed the photos taken by Chairman Finn in Cicero, and discussed them. Member Bilodeau commented on the poles that are closer to the road having only one sign. Board members discussed various alternatives—one sign per pole or two signs per pole. At the conclusion of their discussion, a motion was made by Member Bernice Potter-Masler to grant an area variance for two signs per pole inside the parking lot and one along Luker Road. The motion was seconded by Member Bilodeau, with the vote recorded as follows: Ayes: Chairman Finn Nays: None Member Bilodeau Member Aloi Member Potter-Masler Motion passed. This becomes Action #1 of 2020. PUBLIC HEARING #2 Luke Rotunno, Applicant/Reputed Owner – Walden Pond Lane – TM #96.00-06-02.100 – Front & Rear Yard Setbacks Less Than Allowed Chairman Finn recognized Eric Barden and Luke Rotunno. Mr. Barden explained that they would like a variance to change the required setbacks for this property, as shown on the map accompanying the application. The easement shown on the map has been abandoned, he said. There’s a purchase offer for the subject property, but a variance was being sought from the required setbacks in order to build a house on it, as the house would fall too close to the property lines due to the shape/size of the lot. They would like a 20-foot setback from the front and the rear lot lines. The purchase offer is conditioned upon receipt of the variance. Chairman Finn asked if there was anyone present from the public who wished to comment on the matter; there was, as follows: Marie Couts(?) – (Did not sign Attendance Sheet) – Lives across the street from subject property. Why a use variance instead of an area variance? PZO Weber responded that this was an error; it should be an area variance application. Ms. Coats asked for matter to be tabled until next meeting as many in neighborhood did not know of this public hearing and would probably like to be here. Only those within 300 feet were Minutes – Public Hearings - (T) Cortlandville Zoning Board of Appeals 7 January 2020 Page 3 of 3 notified. She has other concerns she would also like to talk about. Likes walking in this neighborhood because of large lawns, flowers, scenery, and the pond which is the centerpiece of the whole development. There are a number of association members who would like more information on this. Tim Moes – 948 Walden Pond Lane – Lives nearby. Asked where new house would be in relation to his property. Chairman Finn showed him the site plan, and Mr. Barden also affirmed the location. Pamela Jenkins – 4023 Collegeview Drive – Stated she agreed with everything Ms. Couts (?) said. The new comprehensive plan contains recommendations against development on slopes of 15% or greater; so there are huge recommendations on building on slopes like that. This is based on the recommendations of the Southern Tier Central Regional Planning & Development Board (copy placed on file for the record). Subject lot drop off into the pond and they want approximately half the setbacks normally required. Town should involve the County Soil & Water District for building within 20 feet of the pond. Applicant could build house of a different shape. Zoning was in place before lot purchased, so it’s a self-created hardship and they should come up with a different remedy. Marie Couts (second time) – Impacted people should have up-to-date current drawing, with elevations, not just a flat map. With everyone being heard who wished to be heard, Chairman Finn closed the Public Hearing at 7:05 p.m. DISCUSSION/DECISION Town Attorney John DelVecchio commented that the legal notice was published as a use variance when it is an area variance that, if granted, this could be subject to a challenge in a court. The applicant may be okay with this application being made null and void altogether, with the understanding that this would be readvertised and considered as a new application next month. Mr. Barden felt that if those neighbors within 300 feet, who had been notified of this hearing, were concerned, they would have been here. He said this was frustrating from their point of view. Mr. Rotunno spoke of the process he went through regarding the paperwork and he did not “want to get into a legal battle.” He stated he was frustrated, but would change application. Attorney DelVecchio apologized to the gentlemen for the error. PZO Weber commented that there had been a request for additional information with regard to the application. Chairman Finn reiterated this to the applicant, in case he wanted to return, which could help make the ZBA’s decision. At this time, the applicant agreed to withdraw his application. No Action Taken. ADJOURNMENT At 7:05 p.m., on a motion by Member Aloi, seconded by Member Potter-Masler, with everyone present voting in the affirmative, the meeting was adjourned. __ _________________ Joan E. Fitch, Board Secretary Draft emailed to KRP, PR, Bd. Members, JD, BW, DD, DC, KM on 1/23/20. Approved 2/4/20.