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1995
INDEX - CORTLANDVILLE ZONING BOARD OF APPEALS - 1995 RES. NO. DATE PAGE 1 01/31/95 JOHN CONGDON - WEST RD. - VARIANCE 1 sign - 086.17-02-03.000 - APPROVED 2 ROBERT BEAN - TOMPKINS ST EXT- VARIANCE 3 Mobile home park 096.09-02-53.112 - DENIED 3 BON -TON (Cortlandville Crossing) RTE. 4 13 S - VARIANCE - sign 095.20-01-03.110 APPROVED 4 02/28/95 GERALD J. BUSH - HOBART HILL RD. - 6 VARIANCE - Mobile home 88.00-01-04.200 - APPROVED 5 CFM ASSOCIATES - (Charles Gaynor) - 7 CORTLAND-MCGRAW RD. - VARIANCE - Storage garage 088.00-01-44.000 - APPROVED 6 03/09/95 SUIT-KOTE -1911 LORINGS CROSSING 10 VARIANCE - relocate and expand - 77.00-01-22.000 - RECONVENE 7 03/16/95 SUIT-KOTE - 1911 LORINGS CROSSING 14 VARIANCE - Negative Declaration for SEQRA - DECLARE - 077.00-01-22.000 8 SUIT-KOTE - 1911 LORINGS CROSSING 16 VARIANCE relocate & expand 077.00-01-22.000 APPROVED SUIT-KOTE- LORINGS CROSSING VARIANCE 19 Document Listings #1 - #9 - 9 03/28/95 HARTLEY'S AUTO SERVICE - (LDD CORP.) 21 3948 Rte. 281 VARIANCE sign - 86.13-01-49.000 APPROVED 10 LEO BUSH - 3475 SOUTH HILL RD. 22 VARIANCE building 98.00-04-15.000 - APPROVEb 11 NY RSA NO. CELLULAR PARTNERSHIP - 23 (Joseph Compagni) Locust Ave. VARIANCE tower 76.00-01-39.000 - DENIED y__�y RESCINDED & APPROVED ON 6/27/95 INDEX - CORTLANDVILLE ZONING BOARD OF APPEALS - 1995 RES. NO. DATE PAGE 12 04/25/95 DAVID REAGAN 4325 COSMOS HILL VARIANCE 25 garage 76.17-01-06.000 APPROVED 13 CHARLES MALMBERG - (Randy Wood) 27 Rte. 11 VARIANCE outdoor barbecue 87.13=01-41.000 DENIED 14 BLOCK BUSTER VIDEO (Darrell Carter) 29 Rte. 281 - VARIANCE signs 86.13-01-45.200 APPROVED WITH CONDITIONS 15 ADIVISION/TOPS - (Benderson-Cortland assc) 31 Rte. 281 VARIANCE signs , 86.13-01-65.200 APPROVED WITH CONDITIONS 16 05/30/95 DANIEL AUSTIN - (Gregory Leach) 32 1838 Rte.281 VARIANCE machine shop 77.00-04-09.000 APPROVED 17 CORT. CO CHAMBER OF COMMERCE - RTE. 13 S. 33 (� VARI.ANCE-(Walmart Stores) signs 1 95.20-01=03.120 - APPROVED 18 MATTHEW EATON - SOUTH HILL RD. 34 VARIANCE mobile home 108.00-01-21.111 APPROVED 19 WELCOME & DOREEN BADMAN - BENNIE RD. 35 VARIANCE second dwelling 106.00-04--05.000-APPROVED 20 ROGER & SUSAN SOULE - RTE. 222/VALLEY 36 VIEW.DR. VARIANCE pool -85,19-01-39.000 APPROVED 21 CHARLES .& SHIRLEY PROCTOR - BLUE CREEK 37 RD. - VARIANCE dwelling 76.00-01-06.110 APPROVED 22 06/27/95 NY.RSA NO. CELLUAR PARTNERSHIP - 39 (Joseph Compagni) Locust Ave. VARIANCE tower 76.00-0'r-39.000 RESCIND 23 NY RSA NO. CELLUAR PARTNERSHIP - 40 (Joseph Compagni) Locust Ave. ;r-,� VARIANCE tower 76.00-0139.000 APPROVED 37 UNITED REFINING CO. NYS Route 281 50 VARIANCE 95.12-01-10.000 DENIED (reason:no one present for United Refining) INDEX - CORTLANDVILLE ZONING BOARD OF APPEALS - 1995 RES. NO. DATE PAGE 24 06/27/95 VIDEO CIRCUS -1178 Groton Ave. 41 (CBB Limited Partnership) sign VARIANCE 86.13-01-58.100 APPROVED 25 LAWERENCE HINKLE 726 Sleepy Hollow Rd. 41 VARIANCE Garage 95.11-01-13.000 APPROVED 26 WALDEN OAKS GOLF COURSE(Donald Morton) 41 R2 along Starr Rd. VARIANCE expansion 96.00-06-01.100 APPROVED 27 07/13/95 KENNETH DRAKE Ridgeview Ave. 42 VARIANCE pool 86.00-02-07.000 APPROVED 28 LARRY HINKLE Corner of Spruce Run & 43 Sleepy Hollow (revision to res. no 25) VARIANCE 95.11-01-13.000 garage APPROVED 29 ADVISION/TOPS (Benderson-Cortland assc.) 43 NYS Route 281 (revision to res•. no 15) signs VARIANCE 86.13-01-65.200 APPROVED 30 08/29/95 CHARLES ALEXANDER (David Alexander) 45 US Route 11 VARIANCE APPROVED 87.00-02-01.000 31 EDWIN ROGERS 4340 NORTH RD. VARIANCE 45 78.00 -01 -38.000 -pool APPROVED 32 CORTLAND HEALTH CENTER Fisher Ave. 46 VARIANCE 76.18-01-07.000 expansion APPROVED 33 PATRICIA EGGLER 2035 East River Rd. 46 VARIANCE 77.00-09-08.000 garage APPROVED 34 09/12/95 PAMELA MCKINNEY Route 215 VARIANCE 48 96.00-07-04.000 pool APPROVED 35 THEODORE MARSHALL US Route 11 S Polkville 48 VARIANCE 97.02-01-24.000 sign APPROVED 36 ROBERT BEAN Tompkins st. VARIANCE 49 4 Mobile Homes 96.09-02-53.112 APPROVED 37 UNITED REFINING CO. NYS Route 281 50 VARIANCE 95.12-01-10.000 DENIED (reason:no one present for United Refining) INDEX - CORTLANDVILLE ZONING BOARD OF APPEALS - 1995 RES. NO. DATE PAGE 3B 09/26/95 BESTWAY ENTERPRISES Luker Rd. 51 VARIANCE 95.00-05-10.200 sign APPROVED 39 09/26/95 ROBERT BEAN NYS Route 13 South 52 correction on RES. NO 36 Minutes to read 4.New Mobile Homes 96.09-02-53.112 40 11/28/95 DAVID FEINSTEIN 4269 US ROUTE 11 55 (The Home Store) Homer Congre. Church sign VARIANCE 76.19-01-32.000 APPROVED 41 PORCORT (Bill Porter) Fay's Drug Store 55 231 Groton -Ave. VARIANCE sign 86.13-01-56.100 APPROVED 42 12/27/95 JAMES REAGAN Cortland Wholesale. Elect. 57 4284 Rte. 11 VARIANCE 76.19-01-49.060 c� Elevation less than allowed APPROVED 43 MICHAEL EDWARDS Upstate Auto sign 57 3990 Rte. 2B1 VARIANCE 86.13-01-22.000 TABLED 44 MELVIN SIMON NYS Rte. 281 VARIANCE 58 sign 95.16-01-18.000 APPROVED W/CONDITION OF SITE PLAN APPROVAL 45 PETER BERARDI 1071 ROUTE 13 sign 58 VARIANCE 96.09-01-26.000 DENIED 46 ARDEN DELVECCHIO NYS Rte. 281 sign 59 VARIANCE 86.09-01-40.000 APPROVED WITH CONDITIONS January 31, 1995 CORTLANDVILLE ZBA i EXECUTIVE MEETING JOHN CONGDON - 3845 WEST ROAD - VARIANCE 86.17-02-03.000 1 6:39 P.M. An Executive Meeting was held by the Zoning Board of Appeals of the Town of Cortlandville on Tuesday, January 31, 1995 at 6:39 p.m. at the Town Hall, 3577 Terrace Rd., Cortland, New York, for a variance to allow for a building mounted sign on a roof and a free standing sign closer to the property line than allowed. Members present: Chairman, David Plew John Finn Patricia Wright Thomas Bilodeau Joann O'Rourke Karen Snyder for Julie Ray, Secretary Others present were: CEO Bruce Weber; John Congdon; Bob Bean; Pat Doyle; Town Councilman Edwin O'Donnell and David Scobel. Chairman David Plew called the Executive Meeting to order. No further comments or questions_ regarding this application were heard. THEREFORE, a motion was made by Member John Finn, seconded by Member Joann O'Rourke, to approve the application for a variance as submitted by John Congdon for a building -mounted sign on a roof and a free standing sign closer to property line than allowed for property located at 3845 West Road. All voting aye, the motion was carried. This becomes RESOLUTION #01 OF 1995. 0 RECEIVEO FFR 0 91995 l ,4 January 31, 1995 CORTLANDVILLE ZBA 7:03 P.M. EXECUTIVE MEETING ROBERT BEAN - TOMPKINS ST. EXT. - VARIANCE 96.09-02-53.112 An Executive Meeting was held by the Zoning Board of Appeals of the Town of Cortlandville on Tuesday, January 31, 1995 at 7:03 p.m. at the Town Hall, 3577 Terrace Rd., Cortland, New York, for a variance to allow for a mobile home park in a R-3 District with lots not conforming with bulk regulations Members present: Chairman, David Plew John Finn Patricia Wright Thomas Bilodeau Joann O'Rourke Karen Snyder for Julie Ray, Secretary Others present were: CEO Bruce Weber; John Congdon; Bob Bean; Pat Doyle; Town Councilman Edwin O'Donnell and David Scobel. Chairman David Plew called the Executive Meeting to order. Members JoAnn O'Rourke and Thomas Bilodeau agreed with the Cortland County Planning Board and Planning Department recommendation of denial of Mr. Beans application. It would be of the best interest of the Town not to approve this application as submitted. This Board would be setting a precedent. The Board has a position to uphold. - The Board members stated Mr. Bean is trying to do an admirable gesture. But he has shown no hardship, proposing non-conformance within an already non -conforming situation. If Mr. Bean is still interested in creating the "Edge Cliff", designed for the 55 age group and older, he could create a mobile home park through the process of a PUD (Planned Unit'Development) with approvals. �J RECEIVED FEB 0 91995 January 31, 1995 CORTLANDVILLE ZBA 7:03 P.M. No further comments or questions regarding this application were heard. THEREFORE, a motion was made by Member Joann O'Rourke, seconded by Member Patricia Wright, to DENY the application for a variance as submitted by Robert Bean to allow for a mobile home park in a R-3 District with lots not conforming with bulk regulations. The DENIAL of this application is based upon the Cortland County Planning Board and Planning Department recommendations. VOTES: Chairman David Plew AYE Member JoAnn O'Rourke AYE Member Patricia Wright AYE Member Thomas Bilodeau ABSTAINED Member John Finn ABSTAINED The motion was carried. This becomes RESOLUTION #02 OF 1995. '� RECEIVED FEB o 91995 r January 31, 1995 'CORTLANDVILLE ZBA 7:16 P.M. EXECUTIVE MEETING BON -TON - 854 ROUTE 13 - VARIANCE CORTLANDVILLE CROSSING 95.20-01-03.110 An Executive Meeting was held by the Zoning Board of Appeals of the Town of Cortlandville on Tuesday, January 31, 1995 at 7:16 p.m. at the Town Hall, 3577 Terrace Rd., Cortland, New York, for a variance to al -low for a building mounted sign greater in area than allowed and for sign to be illuminated. Members present: Chairman, David Plew John Finn Patricia Wright Thomas Bilodeau Joann O'Rourke Karen Snyder for i Julie Ray, Secretary Others present were: CEO Bruce Weber; John Congdon; Bob Bean; Pat Doyle; Town Councilman Edwin O'Donnell and David Scobel. Chairman David Plew called the Executive Meeting to order. No comments or questions regarding this application were heard. THEREFORE, a motion was made by Chairman David Plew, seconded by Member JoAnn O'Rourke, to approve the application for a variance as submitted by The Bon -Ton for a building mounted sign greater in area than allowed and for the sign to be illuminated for property located at 854 Route 13, the Cortlandville Crossing. VOTES: Chairman David Plew AYE Member John Finn AYE Member JoAnn O'Rourke AYE Member Patricia Wright AYE Member Thomas Bilodeau OPPOSED The motion was carried. This becomes RESOLUTION #03 OF 1995. V RECEIVED FER 0 91995 January 31, 1995 CORTLANDVILLE ZBA 7:16 P.M. With no further comments or questions heard, a motion to adjourn the meeting was made by Member Patricia Wright. The meeting was adjourned at 7:18 P.M. Submitted by, t Karen Snyder or Julie Ray, Secretary Zoning Board of Appeals Town of Cortlandville RECEIVEll MAR 1 3 1995 February 28, 1995 CORTLANDVILLE ZBA 6:35 P.M. EXECUTIVE MEETING GERALD J. BUSH - 4255 HOBART HILL RD. - VARIANCE 88.00-01-04.200 An Executive Meeting was held by the Zoning Board of Appeals of the Town of Cortlandville on Tuesday, February 28, 1995 at 6:35 p.m. at the Town Hail, 3577 Terrace Rd., Cortland, New York, for a variance to allow for a mobile home in a Agricultural District. Members present: Chairman, David Plew John Finn Patricia Wright Thomas Bilodeau Deputy Town Clerk, Karen Q. Snyder Absent: JoAnn O'Rourke Secretary, Julie Ray Others present were: CEO Bruce Weber, Charlie �`. Seymour, Frank Suits, Jr., David Fahey, Gerald Bush, Judy & Joe Neville, JoAnn Congdron, Dr. & Mrs. Eckel, Lisa Hutchurson from the Cortland Standard, Mark Masler, Joan Plew, Paul Yaman, David Alexander, Town Councilman Edwin O'Donnell, Mr. & Mrs. Vittorio Panzanel1a, Homer Jackson, Gary & Janis HoelIerer, representative from CFM Associates and several other residents of the Town. Chairman David Plew called the Executive Meeting to order. Chairman David Plew stated Mr. Bush has shown a hardship due to declining health. The residents on Hobart Hill are a distance away from each other. No further comments or questions regarding this application were heard. THEREFORE, a motion was made by Member Thomas Bilodeau, seconded by Member Patricia Wright, to approve the application for variance as submitted by Gerald Bush for a mobile home in a agricultural district located at 4255 Hobart Hill Rd. All voting aye, the motion was carried. This becomes RESOLUTION #04 OF 1995. 7 AECENtu MAR 1 3 1995 �- February 28, 1995 CORTLANDVILLE ZBA 6:38 P.M. r EXECUTIVE MEETING CFM ASSOCIATES -2339 CORTLAND-MCGRAW RD. (ROUTE 41 )-VARIANCE 88.00-01-44.000 A Public Hearing was held by the Zoning Board of Appeals of the Town of Cortlandville on Tuesday, February 28, 1995 at 6:38 p.m. at the Town Hall, 3577 Terrace Rd., Cortland, New York, for a variance to allow for a storage garage closer to property lines than allowed. Members present: Chairman, David Plew John Finn Patricia Wright Thomas Bilodeau Deputy Town Clerk, Karen Q. Snyder Absent: JoAnn O'Rourke Secretary, Julie Ray Others `present were: CEO Bruce Weber, Charlie Seymour, Frank Suits, Jr., David Fahey, Gerald Bush, Judy & Joe Neville, JoAnn Congdron, Dr. & Mrs. Eckel, Lisa Hutchurson from the Cortland Standard, Mark Masler, Joan Plew, Paul Yaman, David Alexander, Town Councilman Edwin O'Donnell, Mr. & Mrs. Vittorio Panzanella, Homer Jackson, Gary & Janis Hoel1erer, representative from CFM Associates and several other residents of the Town. Chairman David Plew called the Executive Meeting to order. No comments or questions regarding this application were heard. THEREFORE, a motion was made by Chairman David Plew, seconded by Member Thomas Bilodeau, to approve the application for variance as submitted by CFM Associates for a storage garage closer to property lines than allowed for property located at 2339 Cortland -McGraw Rd. (Route 41). All voting aye, the motion was carried. This becomes RESOLUTION #05 OF 1995. MAR 2 3 9995 March 09, 1995 CORTLANDVILLE ZBA 8:40 P.M. EXECUTIVE MEETING SUIT-KOTE CORP. - 1911 LORINGS CROSSING - VARIANCE 77.00-01-22.000 An Executive Meeting was held by the Zoning Board of Appeals of the Town of Cortlandville on Thursday, March 09, 1995 at 8:40 p.m. at the Town Hall, 3577 Terrace Rd., Cortland, New York, for a variance to allow for a non- conforming use to be relocated and expanded. Members present: Chairman, David Plew John Finn Patricia Wright Thomas Bilodeau JoAnn O'Rourke Deputy Town Clerk, Karen Q. Snyder Absent: Secretary, Julie Ray Others present were: CEO Bruce Weber, Frank Suits, Jr., Frank Pfau, Dan Hogan, Stephen Thames, Richard Shut?, Attorney Thomas Shephard, Town Attorney John Folmer, Town Councilman Edwin O'Donnell, Judy & Joe Neville, Homer Jackson, Butch Loomis, Cheri Sheridan, Richard Elliott Administrative Director of Cortland County IDA, Lisa Hutchurson from the Cortland Standard, 35 other town residents and representatives from Suit-Kote. Chairman David Plew called the Executive Meeting to order. The Board reviewed and discussed a letter that was presented to them. The letter was from Nancy Mueller, Groundwater Management Coordinator of Cortland County. Additional information was brought to the county's attention regarding the application of Suit-Kote. The application is not a mere relocation of tanks but a relocation and significant increase in capacity. The Coordinated Review Committee and Suit-Kote representatives met on March 6, 1995 to address the issues outlined in her letter. Additional information was requested in order for the County to make a determination, which are as follows: March 09, 1995 • RECFlvrn CORTLANDVILLE ZBA ;AAP 2 31995 PAGE 2 1). Engineered pians and specifications for the facility, including SPCC (Spill prevention, control and countermeasure) plans, and tank specifications. 2). Data which resolves the issue of the integrity of the fill material beneath the site. 3). •Hydrologic data (at least some borings) indicating the type of materials, depth to groundwater, and the direction of groundwater flow. Ms. Mueller indicated in her letter if Suit-Kote was able to supply this information (at least the first two items) a new report (if necessary) could be developed for the March 15th meeting of the County Planning Board. Attorney John Folmer explained to the Board members their options for a determination on the Suit-Kote application for a variance: 1). Approve the application for a variance and indicate the reasons and basis for the approval. . 2). Deny the application for a variance and indicate the reasons and basis for the denial. 3). Adjourn the meeting based upon additional information that needs to be supplied by Suit-Kote and addressed by other agencies, specifically the Cortland County Planning Board and or the DEC. Chairman Plew expressed, "This is a very important issue. At this point the Board should have and take into consideration every fact, every bit of information available". Member JoAnn O'Rourke suggested the original variance application be returned to the County Planning Board for another review and recommendation, based upon the additional information they have requested from Suit-Kote. Also information from the NYS DEC. Until then, the meeting should be adjourned. Adding the County Planning Board will be meeting on March 15th. If Suit-Kote can -� supply the additional information requested by that time, l we would be able to have the County's recommendations for review and make a determination at another meeting. RECEIVED MAR 2 31995 March 09, 1995 CORTLANDVILLE ZBA PAGE 3 Attorney John Folmer indicated to the Board, they should advise Charles Seymour of Suit-Kote, if he has not been already informed, of the letter dated March 9, 1995 from Nancy Mueller, Groundwater Management Coordinator. CEO, Bruce Weber will advise and make sure Mr. Seymour does have a copy of this letter. No further comments or questions were heard. THEREFORE, a motion was made by Member JoAnn O'Rourke, seconded by Member Patricia Wright to adjourn this meeting until the Board receives the additional information from the Cortland County Planning Board and the DEC, involving new developments that were not available to the Board at their first meeting but rather received today March 9, 1995. The Board will reconvene on March 16, 1995 at 6:30 p.m. All voting aye, the motion was carried. This becomes RESOLUTION #6 OF 1995. A motion was made by Member JoAnn O'Rourke, seconded by Member Thomas Bilodeau to adjourn the meeting. All voting aye, the motion was carried. The meeting was adjourned at 8:50 P.M. Submitted by, 12 Karen Q. Snyder, Deputy Town Clerk for Julie Ray, Secretary Zoning Board of Appeals Town of Cortlandville 11 C 8 o r`lhjx 3 1 ft March 16, 1995 CORTLANDVILLE ZBA 7:27 P.M. EXECUTIVE MEETING SUIT-KOTE CORP. - 1911 LORINGS CROSSING - VARIANCE 77.00-01-22.000 An Executive Meeting was held by the Zoning Board of Appeals of the Town of Cortlandville on Thursday, March 16, 1995 at 7:27 p.m. at the Town Hall, 3577 Terrace Rd., Cortland, New York, for a variance to allow for a non- conforming use to be relocated and expanded. Members present: Chairman, David Plew John Finn Patricia Wright Thomas Bilodeau JoAnn O'Rourke Deputy Town Clerk, Karen Q. Snyder Absent: Secretary, Julie Ray Others present were: CEO Bruce Weber, Frank Suits, Jr., Attorney Thomas Shephard, Town Attorney John Folmer, Attorney Russell Egleston, Judy & Joe Neville, Butch Loomis, Pam Jenkins, Cheri Sheridan, Richard Elliott Administrative Director of Cortland County IDA, Bill Mahoney, Lisa Hutchurson from the Cortland Standard, 30 other town residents and representatives from Suit-Kote. Chairman David Plew called the Executive Meeting to order. Chairman Plew stated, "There is a fine line regarding the. grandfathering clause. The area was rezone to business. This rezoning has caused a non -conforming use for Suit-Kote. Are they in violation of anything? Do they need a variance? Suit-Kote made a product years ago. They are continuing to do so, in order to keep up with technology. The product needs to be refined in order to stay in competition due to Federal and State mandates for surfaces. Member Thomas Bilodeau asked what "Grandfathering" meant legally. J RECEIVED MAR 3 11995 March 16, 1995 CORTLANDVILLE ZBA PAGE 2 Town Attorney John Folmer explained, "Grandfather non -conforming use provisions, of any zoning ordinance, are an attempt, as I see it, to insure that the guarantee we have, of an activity which is legal today is not made illegal tomorrow and then enforced retroactively. That is what was intended at base, to accomplish. The requirements the courts and statutes have tried to set out, to define the basis upon which a non -conforming use variance might be granted. To regulate the use that is non -conforming is based upon a general theory that non- conforming uses should not be encouraged. It is an attempt to decide what a zoning ordinance can do and draw a f.i ne line between making the legal activity all of a sudden become illegal. That is what the non -conforming use is supposed to be accomplishing". Chairman Plew stated, "The hardship is the only thing to be considered. This is a new application, this is progress and this is new technology. Is this new emulsion going to replace the current product down the road? If Suit-Kote is unable to produce, will they go under? That is not my decision. Have they done things wrong". As Attorney Egleston put in depth, "The cart is way before the horse". They should of never of gotten this far. . Member John Finn recommended as a body .the Board discuss the County Planning Board recommendations for approval. The discussion could satisfy some of the residents to some degree. The packet that Judy Neville presented with highlighted areas should also be reviewed and discussed. Chairman Plew stated no construction should commence until all permits and approvals are granted. From the NYS DEC. The Cortlandville Planning Board for site plan approval. The Town Board for the Aquifer Permit and SEQRA approval. Chairman Plew read the Cortland Planning Board recommendations for the record. This document containing the County's resolution, has been received, dated and is on file as document #9 of 3/16/95. Member Finn suggested all documentation supplied to the Board this evening should also be reviewed. Town Attorney John Folmer reiterated, "Since the Chairman has taken the position to reopen the Public Hearing and has received into the public record documentation, the Board should and is required, to review all documentation submitted". RECEIVED MAR 3 11995 March 16, 1995 CORTLANDVILLE ZBA PAGE 3 "The record should reflect the Board has reviewed all the information submitted to them". Document #3 with underlined, highlighted areas and note interjections by Judy & Joe Neville, was reviewed and discussed by the Board. Member Bilodeau reiterated on the note interjections made by the Nevilles. Clarifying the intent of Suit-Kote and their process. The Board had no further comments or questions regarding the packet. The Town Attorney spoke to the Board members regarding their determinations. The Board needs to focus on onlythose issues which are appropriate. The determinations are to be based upon the Boards view. The Board has had excellent legal advice from all parties. The materials presented are of importance to help with their determinations. Mr. Folmer suggested to the Board they should make two separate determinations. One, the Long Environmental Assessment (SEQRA) form should be reviewed and completed. The SEQRA form has been submitted to the Zoning Board of Appeals with the completed portion from the applicant Suit-Kote. The inquiry of the SEQRA form should be based upon this project. The determination should be based upon the records that have developed over the hearings and personal investigations. A site plan will be reviewed and determined by the Town Planning Board. The Town Board will review and determine an Aquifer Permit and another SEQRA form. The SEQRA determination of the Zoning Board of Appeals is binding on no one else. Second, the application for a variance for a non- conforming use for a relocation and expansion needs to be determined. Information has been supplied by Suit-Kote regarding economic, investment, reasonable return and demolition costs. The Board must determine if this demonstrates an economic hardship. The other hardship to be considered, "Is this self imposed". Could a self imposed hardship be considered if a business was located in a proper zone before the enactment of the Town's ordinance. Once those requirements are met and the Board is satisfied a determination can be made. Attorney Folmer reiterated, "There is no question in anyones mind that Suit-Kote should have known better, did know better. If they did not, it is not the Boards problem. This project should not have started without the proper permits". /2 Pt FE C E 111 E D HA 3? 1995 March 16, 1995 CORTLANDVILLE ZBA PAGE 4 "They probably, as a matter of judgement, in an attempt to get along with the Board, should of not recommenced construction a week or so ago as the result of the ZBA action on March 9, 1995. Thi s is irrelevant to the determination on the merits as to whether or not this variance ought to be granted. The Board is here to determine if the criteria has been met and satisfied. The basis and burden of proving a hardship rests upon the applicant". The Long Environmental Assessment form was reviewed and discussed within the Zoning Board of Appeals and Town Attorney and completed. The concerns the Board members had, resulted in the mitigation of other agencies. These concerns with their results will be attached to their completed SEQRA form and forwarded on to the Town Board by John Folmer, Town Attorney. The Board members found the SEQRA form had no significant impact on the environment. No further comments or questions were heard. THEREFORE, a motion was made by Member Thomas Bilodeau, seconded by Member John Finn to declare the proposed project of Suit-Kote Corp. shall have no significant impact on the environment and declare a Negative Declaration for the SEQRA form submitted. The Chairman of the Zoning Board of Appeals is hereby authorized and directed to sign the SEQRA form. All voting aye, the motion was carried. This becomes RESOLUTION #7 OF 1995. The Board members discussed the variance application for Suit-Kote for a non -conforming use to be relocated and expanded. Chairman David Plew stated both sides regarding this issue have presented very good cases. Adding Suit-Kote has provided documentation proving a "hardship". If Suit- Kote is unable to compete with modern technology this would prove to be an "economical hardship". Member Thomas Bilodeau stated based upon all that has occurred within the last three hearings, all the documentation that has been presented and submitted, Suit- Kote will be more scrutinized than before. This should t alleviate some of the concerns and issues brought up. RECEIVED MAR 3 11995 March 16, 1995 CORTLANDVILLE ZBA PAGE 5 Member JoAnn O'Rourke stated, "Suit-Kote has gotten a bum deal, years ago regarding the change in zoning". Due to Federal and State mandates of the surfacing of roads, Suit-Kote does need to keep up with modern technology. She stated how upset she was with the Town Councilman and the action they took allowing the commencing of construction after CEO, Bruce Weber put into effect a stop work order. She has no animosity over what was or what was not done, that is behind them now, hoping this was a learning experience for all those involved. She recognized Suit-Kote has provided documentation to support a "hardship". Member John Finn stated the residents have put forth valid concerns, hoping these concerns have diminished based upon supporting documentation. The project as viewed by the NYS DEC, is a bulk storage facility. This would change the criteria is which Suit-Kote will be monitored by. Member Patricia Wright agreed with her constitutes. Based upon the application and documentation submitted the expansion of Suit-Kote will be controlled more readily by necessary agencies. The Board members discussed the procedure on who and where one would make a complaint. CEO, Bruce Weber stated it would depend upon the nature of the complaint to whom one would complain to. Member Wright advised there is available to the public the "Right to Know Laws" for making complaints. Member Bilodeau advised if any of the surrounding property owners have any complaints regarding Suit-Kote, they should start with Frank Suits, Jr. Member Bilodeau believes Mr. Suits would not wish to see anything come to this magnitude ever again. Member Finn suggested if an approval was to be granted, the Board should consider adding to their motion, conditions. First, Suit-Kote should not use the East River Rd. as a truck route. Secondly, the NYS DOT conduct a study of the area of Route 13 and Lorings Crossing Rd. Thirdly, Suit-Kote should consider applying for the change in zone of their area. No further comments or questions were heard. RECEIVED MAY 0 3 1995 March 16, 1995 CORTLANDVILLE ZBA PAGE 6 THEREFORE, a motion was made by Chairman David Plew, seconded by Member Thomas Bilodeau to approve the application for a variance submitted by Suit-Kote Corp. for property located at 1911 Lorings Crossing to allow for a non -conforming use to be relocated and expanded subject to: 1). The six conditions outlined by the Cortland County Planning Board, Resolution #95-6. 2). These conditions and the obtaining of permits are to be met before any construction can commence. 3). The necessary permits are to be obtained by Suit-Kote and monitored by CEO, Bruce Weber. 4). The Town Attorney will communicate to the Town Board to request the NYS DOT conduct a study of the area of Lorings Crossing and Route 13. All voting aye, the motion was carried. This becomes RESOLUTION #8 OF 1995. THE FOLLOWING FORMAL RESOLUTION HAS BEEN PREPARED BY THE TOWN ATTORNEY. JOHN FOLMER On Motion of DAVID PLEW, seconded by THOMAS BILODEAU, it is, RESOLVED AND DETERMINED that applicant has established by competent financial evidence that strict'application of the ordinance would produce unnecessary hardship and deprive the applicant of reasonable and appropriate economic use or benefit from the property in question if limited to the use permitted under the ordinance because: the present use of the property in question does not permit applicant to keep pace with technological and other advances in its industry, and that its already significant investment in its present facility would be diminished in value, causing significant loss of competitiveness and would result in loss of significant employment within the community. In addition, the Board is mindful of the recommendation of the Cortland County Planning Board which supports the granting of the requested variance. pk/7 March 16, 1995 THEREFORE, the in this proceeding provisions of this RECEIVED MAY 0 31995 CORTLANDVILLE ZBA PAGE 7 variance requested by the applicantion is GRANTED, subject to the remaining Resolution. This variance is conditioned upon: 1. Compliance with conditions included in the recommendation of the Cortland County Planning Board Resolution #95-6, such conditions being incorporated in this resolution by reference. 2. All necessary permits, regardless of issuing agency of the Local, State and Federal Government shall be obtained by applicant in a timely and appropriate manner before construction of the facility which is the subject of this application is continued, and during any such construction, permits shall be obtained and maintained as required by any such issuing agency. 3. Applicant is to obtain the said permits as required and provide proof of such to the Zoning Enforcement Officer of the Town who is directed to monitor the construction and permit processes. It is further resolved that the granting of this application is based upon the following findings, which are based upon the combination of a review of documentary evidence submitted to this Board, the comments and other testimony given before the Board at its Public Hearing conducted in connection with this application, the recommendation of the Cortland County Planning Board, the personal knowledge of the members of the Board of the area in question and their inspection thereof: (a) The hardship created is unique, given the nature of the applicant's business and its location in a non- conforming use area, and does not apply to a substantial portion of the district or neighborhood. (b) The variance would not alter the essential character of the neighborhood as it presently exists. (c) The hardship is not self-created, but is the result of the most recent amendments to the Cortlandville Zoning Ordinance affecting the premises in question. (d) The variance is the minimum necessary to grant relief from the hardship. RECEIVED MAY 0 31995 Ir _.� March 16, 1995 CORTLANDVILLE ZBA PAGE 8 (e) The variance will preserve and protect the character of the neighborhood and the health, safety and welfare of the community, as it presently exists, and as it has existed for some lengthy period of time. 4. The Town Attorney is directed to communicate to the Town Board the consensus of this Zoning Board that the New York State Department of Transportation should be contacted and requested to install a traffic control light at the intersection of Route 13 and Lori ngs Crossing Road. A motion was made by Member JoAnn O'Rourke, seconded by Member Patricia Wright to adjourn the meeting. All voting aye, the motion was carried. The meeting was adjourned at 9:53 P.M. Submitted by, Karen Q. Snyder, Deputy Town Cle�for Julie Ray, Secretary Zoning Board of Appeals Town of Cortlandville RECEIVED MAY 0 31995 PAGE q This is a list of those that attended the March 16, 1995 meeting. Archie (Butch) Loomis Robert Rainbow Richard Elliott, Administrator Of The Cortland County IDA Paul Suits Cheri Sheridan Al Paquin Ron O'Brien Dan Darvay Richard Shutz Mike Mazoway Dan Hogan John & Kathy Wickwire Eleanor Tarbell Attorney, Russell Egleston Tim Smith Carl Aarne Neal Stearns Pam Jenkins Gary & Patty Conklin Loretta Eckel Frank Suits, Jr. Joe & Judy Neville Town Attorney, John Folmer David Tietje John Reagan Charles Seymour Frank Pfau Thomas Shephard & John Ferguson Attorneys for Suit-Kote from Bond, Schoeneck & King Joan Plew David Fahey Lisa Hutchurson of the Cortland Standard Larry & Linda Jones Newell Willcox Joseph Reagan David Alexander Bill Mahoney PAGEt8 Index of documents submitted on 3/16/95 DOCUMENT #1 Memorandum of Law - Attorney Russell L. Egleston, Esq. DOCUMENT #2 Affirmation by Abutting Property Owner - Judy & Joe Neville and others DOCUMENT #3 Packet of underlined, highlighted and note interjections - Judy &' Joe Neville - (this packet -contains 'copies of documents submitted by Suit-Kote on 3/9/95) DOCUMENT #4 Letter from Cheri Sheridan DOCUMENT #5 Letter from Judy Neville DOCUMENT #6 Letter and questions from Judy Neville J ' DOCUMENT #7 Letter from Reagan Properties DOCUMENT #S Letter from Mark Masler DOCUMENT #9 Resolution from the Cortland County Planning Board R E C E-1 V E-D_".APR 9: 1995_ =-� March 28, 1995 CORTLANDVILLE ZBA 6:35 P.M. EXECUTIVE MEETING HARTLEY'S AUTO SERVICE - 3948 ROUTE 281 - VARIANCE 86.13-01-49.000 An Executive Meeting was held by,the Zoning Board of Appeals of the -Town of Cortlandville on Tuesday, March 28, 1995 at 6:35 p.m. at the Town Hall, 3577 Terrace Rd., Cortland, New York, for a variance to allow for an illuminated building sign. Members present: Chairman, David Plew John Finn Patricia Wright JoAnn O'Rourke Deputy Town Clerk, Karen Q. Snyder Absent: Thomas Bilodeau Secretary, Julie Ray Others present were: CEO Bruce Weber, Steve Hartley, Leo Bush, Phil & Mel Simon, Mike Arnold, Amy Necco, Bill Moffitt, Martin Coolidge, Ted Renninger, Joe DeVane, Tarla Arnold, Town Councilman Ron Rocco, representatives from NY RSA Robert Burgdorf, Russ Germond and Todd Phillip. Chairman David Plew called the Executive Meeting to order. The Board members could see no problem with granting the variance to Steven -Hartley for an illuminated building sign. No further comments or questions regarding this application were heard. THEREFORE, a motion was made by Member John Finn, seconded by Member Patricia Wright, to approve the application as submitted for a variance for Hartley's Auto Service (Steve Hartley) for an illuminated building sign for property located,at 3948 Route 281. All voting aye, the motion was carried. This becomes RESOLUTION #09 OF 1995. HEC-EIVE0SPR 1 0199= March 28, 1995 CORTLANDVILLE ZBA 6:38 P.M. EXECUTIVE MEETING LEO BUSH - 3475 SOUTH HILL RD. - VARIANCE 98.00-04-15.000 A Public Hearing was held by the Zoning Board of Appeals of the Town of Cortlandvi11e on Tuesday, March 28, 1995 at 6:38 p.m. at the Town Hall, 3577 Terrace Rd., Cortland, New York, for a variance to allow for a building with a front yard less than allowed. Members present: Chairman, David Plew John Finn Patricia Wright JoAnn O'Rourke Deputy Town Clerk, Karen Q. Snyder Absent: Thomas Bilodeau Secretary, Julie Ray Others present were: CEO Bruce Weber, Steve Hartley, Leo Bush, Phil & Mel Simony Mike Arnold, Amy Necco, Bill Moffitt, Martin Coolidge, Ted Renninger, Joe DeVane, Tarla Arnold, Town Councilman Ron Rocco, representatives from NY RSA Robert Burgdorf, Russ Germond and Todd Phillip. Chairman David Plew called the Executive Meeting to order. The Board members could see no problem with granting the approval for Mr. Bush application for a building with a front yard with 1 ess than allowed, since the property i s located in a very rural area. No further comments or questions regarding this application were heard. THEREFORE, a motion was made by Chairman JoAnn O'Rourke, seconded by Member Patricia Wright, to approve the application as submitted for variance by Leo Bush for a building with a front yard less than allowed for property located at 3475 South Hill Rd. All voting aye, the motion was carried. This becomes RESOLUTION #10 OF 1995. R E -C- E I-V E -APR 1-11995-: March 28, 1995 CORTLANDVILLE ZBA 7:25 P.M. EXECUTIVE MEETING NY RSA NO. 4 CELLULAR PARTNERSHIP - LOCUST AVE.- VARIANCE 76.00-01-39.000 An Executive Meeting was held by the Zoning Board of Appeals of the Town of Cortlandville on Tuesday, March 28, 1995 at 7:25 p.m. at the Town Hall, 3577 Terrace Rd., Cortland, New York, for a variance to allow for a tower greater than thirty feet in height. Members present: Chairman, David Plew John Finn Patricia Wright JoAnn O'Rourke Deputy Town Clerk, Karen Q. Snyder Absent: Thomas Bilodeau Secretary, Julie Ray Others present were: CEO Bruce Weber, Steve Hartley, Leo Bush, Phil & Mel Simon, Mike Arnold, Amy Necco, Bill Moffit, Martin Coolidge, Ted Renniger, Joe DeVane, Tarla Arnold, Town Councilman Ron Rocco, representatives from NY RSA Robert Burgdorf, Russ Germond and Todd Phillip. Chairman David Plew called the Executive Meeting to order. Member John Finn suggested the application be denied based upon the Cortland County Planning Department, Thomas Cookingham, observations and the concerns of the residents. Chairman David Plew stated the board should consider seeking advise from the town attorney, based upon Mr. Burgdorfs indication the public utility has the right to be there. If the Board denies the variance, NY RSA #4 will proceed with court proceedings as indicated, to over turn our decision. Member JoAnn O'Rourke stated she was not satisfied, with the documentation submitted, why the other sites were not equal to the proposed site. Adding she is not convinced the applicant has demonstrated a hardship for the proposed site. RECEIVED APR 1 0`1995 March 28, 1995 CORTLANDVILLE ZBA PAGE 2 Member O'Rourke read from the County Planning Departments observation, "Although technology may require an antenna height of 280+ feet it does not require the applicant to lease property in a Residential Zone District with height limitations. Therefore, the difficulty arises not from the zone requirement but from the use in the zone." Town zoning requirements for height of a tower in a residential zone is 30'. No further comments or questions regarding this application were heard. THEREFORE, a motion was made by Member John Finn, seconded by Chairman David Plew, to DENY the application submitted for a variance for NY RSA No. 4 Cellular Partnership for a tower greater than thirty (30) feet in height for property located at Locust Ave. The DENIAL is based upon Cortland County Planning Department and Planning Board observations and neighboring residents voicing concern. The observations of the County Planning are as follows: 1). The applicant should explore mounting their equipment on existing communication ,v towers/antennas. 2). The visual affect of the proposed antenna goes beyond municipal boundaries and due consideration of the scope of this impact should be taken into account. All voting aye, the motion was carried. This becomes RESOLUTION #11 OF 1995. A motion was made by Member JoAnn O'Rourke, seconded by Member Patricia Wright, to adjourn the meeting. All voting aye, the meeting was adjourned. The meeting was adjourned at 7:30 p.m. Submitted by, Karen Q. Snyder, Deputy Town Clerk for Julie Ray, Secretary Zoning Board of Appeals Town of Cortlandville a� RECEIVED -JUN 1 5 1995 April 25, 1995 CORTLANDVILLE ZBA 6:35 P.M. EXECUTIVE MEETING DAVID REAGAN - 4325 COSMOS HILL RD. - VARIANCE 76.17-01-06.000 An Executive Meeting was held by the Zoning Board of Appeals of the Town of Cortlandville on Tuesday, April 25, 1995 at 6:35 p.m. at the Town Hall, 3577 Terrace Rd., Cortland, New York, for a variance to allow for a garage addition with side yard less than allowed. Members present: Chairman, David Plew John Finn Patricia Wright Thomas Bilodeau Secretary, Julie Ray Absent: Joann O'Rourke Others present were: CEO Bruce Weber, David Reagan, Charles Malmburg, Randy Wood, residents of Rte. 11 S/E. River Rd., Darrell Carter, Matthew Cozza, and Jim Popula. Chairman David Plew called the Executive Meeting to order. Chairman Plew stated that he sees no problem with the location of the garage constructed at a lower grade than the existing garage. Member Finn noted that the neighbor to the south, Ms. Spurrier usually is forthcoming with objections if she has any and apparently has none. No further comments or questions regarding this application were heard. THEREFORE, a motion was made by Member John Finn, seconded by Member Patricia Wright, to approve the application for variance as submitted by David Reagan for a garage with side yard less than allowed :--,for property located on Cosmos Hill Rd. All voting aye, the motion was carried. This becomes RESOLUTION ##12 OF 1995. r0j RECEIVEDJUN, 1 5 1995 April 25, 1995 CORTLANDVILLE ZBA 6:45 P.M. EXECUTIVE MEETING CHARLES MALMBERG - RTE. 11 S. - VARIANCE 87.13-01-41.000 An Executive Meeting was held by the Zoning Board of Appeals of the Town of Cortlandvilie on Tuesday, April 25, 1995 at 6:45 p.m. at the Town Hall, 3577 Terrace Rd., Cortland, New York, for a variance to allow for an outdoor barbeque. Members present: Chairman, David Plew John Finn Patricia Wright Thomas Bilodeau Secretary, Julie Ray Absent: Joann O'Rourke Others present were: CEO Bruce Weber, Charles Malmburg, Randy Wood, residents of Rte. 11 S/E.River Rd., Darrell Carter, Matthew Cozza, and Jim Popula. Chairman David Plew called the Executive Meeting to order. Chairman Plew noted that if a motion for approval is passed, the hardship demonstrated must be indicated. He stated his opinion that, for approval, the owner would have to specify that the chicken barbeque would be the only business conducted from the site. Member Finn stated that the barbeque along with the other two uses would be difficult to control. CEO Weber noted that the used car sales and mobile home sales are permitted uses. Chairman Plew indicated that personally he finds the barbeque acceptable, but legally it is not allowed at this location. He and Member Finn stated that the applicant has not demonstrated a clear hardship. No further comments or questions regarding this application were heard. THEREFORE, a motion was made by Member John Finn, seconded by Member Thomas Bilodeau, to DENY the application for variance as submitted by Charles Malmberg for an outdoor barbeque in an industrial zone for property located at the Rte. 11 S on the basis of no Z�-i RECEIVED AN 1 59995 April 25, 1995 CORTLANDVILLE ZBA Page 2 hardship being demonstrated, the recommendation of the Cortland County Planning Dept., and objections raised by neighbors. All voting aye, the motion was carried. This becomes RESOLUTION #13 OF 1995. E RECEIVED JUN 1 5 1995 April 25, 1995 CORTLANDVILLE ZBA 7:05 P.M. EXECUTIVE MEETING DARRELL CARTER - RTE. 281 - VARIANCE (Blockbuster Video) 86.13-01-45.200 An Executive Meeting was held by the Zoning Board of Appeals of the Town of Cortlandville- on Tuesday, April 25, 1995 at 7:05 p.m. at the Town Hall, 3577 Terrace Rd., Cortland, New York, for a variance to allow for a sign closer to property line than allowed and building mounted signs larger than allowed and illuminiated. Members present: Chairman, David Plew John Finn Patricia Wright Thomas Bilodeau Secretary, Julie Ray Absent: Joann O'Rourke Others present were: CEO Bruce Weber, Darrell Carter, Matthew Cozza, and Jim Popula. Chairman David Plew called the Executive Meeting to order. Chairman Plew stated that Member Bilodeau has a good point in that granting this application as submitted would set a precedent which would draw criticism. No comments or questions regarding this application were heard. THEREFORE, a motion was made by Member John Finn, seconded by Member Thomas Bilodeau, to approve—the application for variance as submitted by Darrell Carter on behalf of Blockbuster Video for a sign closer to property lines than allowed and building mounted signs larger than allowed and illuminated, for property located on Rte. 281, with the following conditions: 1) The building mounted signs are permitted on the north and east sides of the building and may be illuminated. No building mounted sign is permitted on the south side of the building. 2) The free-standing (pylon) sign is permitted, ECEI VED JUN. April 25, 1995 CORTLANDVILLE ZBA Page 2 but must conform to the set -back requirement with respect to the right-of-way of Rte. 281. It may be placed on the property line. All voting aye, the motion was carried. This becomes RESOLUTION #14 OF 1995. 0 RECEIVED. �' 1 5 1895 April 25, 1995 CORTLANDVILLE ZBA 7:18 P.M. EXECUTIVE MEETING ADVISION/TOPS MARKET - RTE. 281 - VARIANCE 86.13-01-65.200 An Executive Meeting was held by the Zoning Board of Appeals of the Town of Cortlandville on Tuesday, April 25, 1995 at 7:18 p.m. at the Town Hall, 3577 Terrace Rd., Cortland, New York, for a variance to allow for signs closer to property lines than allowed, free- standing signs greater in number and taller than allowed, and for building mounted signs to be illuminated. Members present: Chairman, David Plew John Finn Patricia Wright Thomas Bilodeau Secretary, Julie Ray Absent: Joann O'Rourke Others present were: CEO Bruce Weber, and Jim Popula. Chairman David Plew called the Executive Meeting to order. Discussion of the entrance/exit signs continued from the Public Hearing. Chairman Plew and Member Patricia Wright contended that the signs are not necessary. Member John Finn countered that the signs indicating traffic flow are needed, particularly for non -local patrons, to prevent accidents and confusion. Member Thomas Bilod6au stated that the signs would be helpful, but need not say "Tops" to direct traffic. No comments or questions regarding this application were heard. THEREFORE, a motion was made by Chairman David Plew, seconded by Member Patricia Wright, to approve the application for variance as submitted Advision/Tops Markets, Inc. for signs to be located at the new Tops Market on Rte. 281 with the following conditions: 1) Free-standing (pylon) sign is permitted to be 25' in height, NOT 30'. 2) Entry and exit signs to be installed 15' back from the Rte. 281 right-of-way and to read 13i RECEIVED JUN 1 51995 April 25, 1995 CORTLANDVILLE ZBA Page 2 "Enter" and'"Exit" only, not "Tops" All voting aye, the motion was carried. This becomes RESOLUTION #15 OF 1995. With no further comments or questions heard, a motion to adjourn the meeting was made by Member Patricia Wright. The meeting was adjourned at 7:22 P.M. Submitted by, 62or ulie Ray, Secretary Zoning Board of Appeals Town of Cortlandville 3a RECEIVED J U N 1 5 1995 May 30, 1995 CORTLANDVILLE ZBA 6:05 P.M. EXECUTIVE MEETING DANIEL AUSTIN - 1838 RTE. 13 N. - VARIANCE 77.00-04-09.000 An Executive Meeting was held by the Zoning Board of Appeals of the Town of Cortlandville on Tuesday, May 30, 1995 at 6:05 p.m. at the Town Hall, 3577 Terrace Rd., Cortland, New York, for a variance to allow for a machine shop in a business district. Members present: Chairman, David Plew John Finn Patricia Wright Joann O'Rourke Secretary, Julie Ray Absent: Thomas Bilodeau Others present were: CEO Bruce Weber, Daniel Austin, Cindy Lewis, John McNeill, Roger & Susan Soule, Janice & Penny Crandall, Welcome & Doreen Badman, Richard Schutz, Charles Proctor and Atty. John Folmer. Chairman David Plew called the Executive Meeting to order. He stated that he has no objection to the machine shop at this location provided the applicant meets the conditions for waste disposal listed by County Planning in their report of May 12, 1995. Member Joann O'Rourke concurred, adding that the proposed use is compatible with others in the area, such as the Huskytown repair shop. Member Patricia Wright also agreed. No further comments or questions regarding this application were heard. THEREFORE, a motion was made by Member John Finn, seconded by Member Patricia Wright, to approve the application for variance as submitted by David Austin for a machine shop in a business district for property located on Rte. 13 N. All voting aye, the motion was carried. This becomes RESOLUTION #16 OF 1995. 33 RECEIVED) U e 1 5 1995 May 30, 1995 CORTLANDVILLE ZBA 6:10 P.M. EXECUTIVE MEETING CORT. CO. CHAMBER OF COMMERCE - RTE. 13 S. - VARIANCE 95.20-01-03.120 An Executive Meeting was held by the Zoning Board of Appeals of the Town of Cortlandville on Tuesday, May 30, 1995 at 6:10 pm. at the Town Hall, 3577 Terrace Rd., Cortland, New York, for a variance to allow for an additional sign. Members present: Chairman, David Plew John Finn Patricia Wright Joann O'Rourke Secretary, Julie Ray - Absent: Thomas Bilodeau Others present were: CEO Bruce Weber, Cindy Lewis, John McNeill, Roger & Susan Soule, Janice & Penny Crandall, Welcome & Doreen Badman, Richard Schutz, Charles Proctor and Atty. John Folmer. Chairman David Plew called the Executive Meeting to order. No further comments or questions regarding this application were heard. THEREFORE, a motion was made by Chairman David Plew, seconded by Member Joann O'Rourke, to approve the application for variance as submitted by the Cortland County Chamber of Commerce for an additional sign to be located on the Wal-Mart property on Rte. 13 S. All voting aye, the motion was carried. This becomes RESOLUTION #17 OF 1995. 3q RECEIVED - as 1 5 1995 May 30, 1995 CORTLANDVILLE ZBA 6:15 P.M. r' EXECUTIVE MEETING MATTHEW EATON - SOUTH HILL RD. - VARIANCE 108.00-01-21.111 An Executive Meeting was held by the Zoning Board of Appeals of the Town, of Cortlandville on Tuesday, May 30, 1995 at 6:15 p.m. at the Town Hall, 3577 Terrace Rd., Cortland, New York, for a variance to allow for a mobile home as a second dwelling on a single parcel. Members present: Chairman, David Plew John Finn Patricia Wright Joann O'Rourke Secretary, Julie Ray Absent: Thomas Bilodeau Others present were: CEO Bruce Weber, Roger & Susan Soule', Janice & Penny Crandall, Welcome & Doreen Badman, Richard Schutz, Charles Proctor and Atty. John Folmer. Chairman David Plew called the Executive Meeting to order. Member John Finn noted that there have been no apparent objections from the neighbors. Chairman Plew reported that he knows the elder Eatons and understands Mrs. Eaton's health is not the best. No further comments or questions regarding this application were heard. THEREFORE, a motion was made by Member Joann O'Rourke, seconded by Member John Finn, to approve—the application for variance as submitted by Matthew Eaton for a double -wide mobile home as a second residence for property located on South Hill Rd. All voting aye, the motion was carried. This becomes RESOLUTION #18 OF 1995. 35 R"ECEtVEDJ U N 1 51995 May 30, 1995 CORTLANDVILLE ZBA 6:19 P.M. EXECUTIVE MEETING WELCOME & DOREEN BADMAN - BENNIE RD. - VARIANCE 106.00-04-05.000 An Executive Meeting was held by the Zoning Board of Appeals of the Town of Cortlandville on Tuesday, May 30, 1995 at 6:19 p.m. at the Town Hall, 3577 Terrace Rd., Cortland, New York, for a variance to allow for a second dwelling on a single parcel. Members present: Chairman, David Plew John Finn Patricia Wright Joann O'Rourke Secretary, Julie Ray Absent: Thomas Bilodeau Others present were: CEO Bruce Weber, Roger & Susan Soule, Janice & Penny Crandall, Welcome & Doreen Badman, Richard Schutz, Charles Proctor and Atty. John Folmer. Chairman David Plew called the Executive Meeting to order. Chairman Plew stated that he has no objection to this request. He added that he personally would want to "tie up the loose ends" regarding the old house, but. what to do with it is Mr. Badman's business. He asked if the Badman's would need other permits to sell the old house. CEO Weber replied that they would need to subdivide the property, creating a non -conforming lot. No further comments or questions regarding this application were heard. THEREFORE, a motion was made by Chairman David Plew, seconded by Member Joann O'Rourke, to approve the application for variance as submitted by Welcome and Doreen Badman for a second dwelling for property located on Bennie Rd. All voting aye, the motion was carried. This becomes RESOLUTION #19 OF 1995. 36 RECEIVE© U N 1 5 1995 May 30, 1995 CORTLANDVILLE ZBA 6:22 P.M. EXECUTIVE MEETING ROGER & SUSAN SOULE - RTE. 222/VALLEY VIEW DR.- VARIANCE 85.19-01-39.000 An Executive Meeting was held by the Zoning Board of Appeals of the Town of Cortlandville on Tuesday, May 30, 1995 at 6:22 p.m. at the Town Hall, 3577 Terrace Rd., Cortland, New York, for a variance to allow for a pool with front yard less than allowed. Members present: Chairman, David Plew John Finn Patricia Wright Joann O'Rourke Secretary, Julie Ray Absent: Thomas Bilodeau Others present were: CEO Bruce Weber, Roger & Susan Soule, Janice & Penny Crandall, Richard Schutz, Charles Proctor and Atty. John Folmer. Chairman David Plew called the Executive Meeting to order. No comments or questions regarding this application were heard. THEREFORE, a motion was made by Member John Finn, seconded by Chairman David Plew, to approve the application for variance as submitted by Roger and Susan Soule for a pool with front yard less than allowed for property located at the corner of Rte. 222 and Valley View Drive. All voting aye, the motion was carried. This becomes RESOLUTION #20 OF 1995. 371 RECEIVED 81,41 1 5 1g95 May 30, 1995 CORTLANDVILLE ZBA 6:24 P,.M. EXECUTIVE MEETING CHARLES & SHIRLEY PROCTOR - BLUE CREEK RD.- VARIANCE 76.00-01-06.110 An Executive Meeting was held by the Zoning Board of Appeals of the Town of Cortlandville on Tuesday, May 30, 1995 at 6:22 p.m. at the Town Hall, 3577 Terrace Rd., Cortland, New York, for a variance to allow for a dwelling with front yard less than allowed. Members present: Chairman, David Plew John Finn Patricia Wright Joann O'Rourke Secretary, Julie Ray Absent: Thomas Bilodeau Others present were: CEO Bruce Weber, Janice & Penny Crandall, Richard Schutz, Charles Proctor and Atty. John Folmer. Chairman David Plew called the Executive Meeting to order. No comments or questions regarding this application were heard. THEREFORE, a motion was made by Chairman David Plew, seconded by Member John Finn, to approve the application for variance as submitted by Charles and Shirley Proctor for a dwelling with front yard less than allowed for property located on Blue Creek Rd. All voting aye, the motion was carried. This becomes RESOLUTION #21 OF 1995. TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS Tuesday, 27 June 1995 Board Members (*absent) David Plew, Chairperson *John Finn Joann O'Rourke Thomas Bilodeau Patricia Wright Public Present Others Present Bruce Weber, Code Enforcement Officer Joan E. Fitch, Secretary John Folmer, ZBA Attorney Lisa Hutchurson, Cortland Standard Jeannette Temple, Elsie Adams, Joan Coolidge, Amy Hnatko, Tarla Arnold, Thomas Farr, Michael Arnold, Theodore Aungier, William Moffitt, Larry Hinkle, Richard Osborn, Carl Savino, Donald Foster, Gary Riordan The meeting was called to order at 6:00 p.m. by Chairman Plew. A motion was then made by Thomas Bilodeau to go into Executive Session to discuss pending litigation. Joann O'Rourke seconded the motion. Chairman Plew then requested that the audience wait outside until the Zoning Board of Appeals had completed its Executive Session. Upon completion of the Executive Session, Chairman Plew .reconvened the regular meeting at 6:30 p.m. At that time he read the Legal Notice, published 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, June 27, 1995, at 6:30 p.m. at the Town Hall, 15 Terrace Road, in the Town of Cortlandville, NY to consider the following applications pursuant to the I986 Zoning Law; 1. In the matter of the application of Video Circus for property located at 1178 Groton Avenue, Cortland, NY, Tax Map Parcel No. 86.13-01-58.100, for a variance in the terms and conditions of Table 15.3 of such Zoning Law to allow for an additional sign. 2. In the matter of the application of Lawrence Hinkle for property located at 726 Sleepy Hollow Road, Cortland, NY, Tax Map Parcel No. 95.11-02-13.000, for a variance in the terms and conditions of Article V, Section 5 of such Zoning Law to allow for a front yard less than allowed 3. In the matter of the application of Carl Savino and Richard Osborne for property located at Starr Road near Glenwood Avenue, Tax Map Parcel No. 96.00-06-01.100, for a variance in the terms and conditions of Article 5 of such Zoning Law to allow for an expansion of existing golf course. The above applications are open to inspection at the office of Bruce A. Weber, Code Enforcement Officer, 15 Terrace Road, Cortland, NY, or call 607/756-7490. Persons wishing to appear at such hearing may do so in person or by attorney or other representative. Communications in writing in relation thereto may be filed with the Board or at such hearing. Dated: June 14, 1995 Signed by: David Plew, Chairman Chairman Plew, before proceeding with those items above listed, made a motion, seconded by Mrs. O'Rourke, to rescind the previous decision (Resolution #I I of 1995) denying a request for a variance Ec' Town of Cortlandville Zoning Board of Appeals Meeting'% �� F 1,995June 27, 1995 3� to NY RSA No. 4 Cellular Partnership to construct a communications tower on Tax Map Parcel No. 76.00-01-39.000 on the advice of legal counsel. All voted in favor. This becomes Resolution #22 of 1995. A motion was then made by Chairman Plew, seconded by Member O'Rourke, to grant the request for a variance to NY RSA No. 4 Cellular Partnership to construct a communications tower on Tax Map Parcel No. 76.00-01-39.000 on the advice of legal counsel. Before the Zoning Board of Appeals voted on the motion, Attorney Folmer addressed the Board and the audience, as follows: "As you know, your obligation as a Zoning Board of Appeals is to sit as a quasi-judicial body and to examine and make decisions based upon the evidence that is before you in the record developed in a submission and in the public hearing testimony that is given to you. Your denial of the variance, as you know, has prompted the commencement of an Article 78 proceeding, which is the proceeding brought by the petitioner to have your determination reviewed by the Supreme Court. The standard that the Supreme Court must apply is whether or not your decision is arbitrary and capricious, and whether or not it is based on law and fact. You are aware, I am sure, that a sizable and impressive set of papers was presented to you or to us as to this application. It included a lot of technical material and some simulations, and so on. In response to that, I prepared an affidavit for Mr. Plew to sign on behalf of the Board and the rest of the members of the Board who had been sued as respondents, and on the 16th of this month we appeared before Judge Relihan in Ithaca to argue the merits of the Article 78 proceeding. That argument took place on the 16th in the afternoon. Judge Relihan, by the way, was assigned by the District Administrative Judge to hear this case because Judge Rumsey, who was originally scheduled to hear it, excused himself, because of his long connection with the Town of Cortlandville. As a result of that proceeding, I was asked and was required, I guess, to do some research concerning the law that's applicable to this application. I found what I'm sure you consider to be some disquieting things, but I think there is no question that the Court probably and, I think, without doubt, will annul your earlier determination and may well assess costs against you, the Town, for failing to abide by the appropriate standards. Now before we say anything further, I wasn't here that evening and I think at some point there was a, suggestion made that this matter be tabled so that we could consult; for a variety of reasons, that suggestion was not followed through. Now I don't want to sit here and pretend to you that if I walked in off the street that night that I could have given you what I'm about to tell you the law is. But based upon some opportunity to do some research, I think I can tell you what I believe the law to be. First of all, you need to understand that there are a series of cases decided by the Court of Appeals in the State of New York which is our highest court, followed consistently by lower courts at both appellate level and trial level which, in effect, hold this way and establish the rules of law to be, as I understand them to be, this: In the event that you are dealing with an application for a variance made by a public utility or by an entity which is considered to be treated as if it were a public utility, the standard that you are used to working with, unnecessary hardship, etc., etc., is not the applicable standard. The standard is -- is there demonstrated in your record now, a need for the service in question? In my review of this record, it appears to me that you have no evidence to contradict the statements made by the petitioner that they need to locate a tower in this location in order to fill gaps in their transmission service. Having done that, they seemed to have established their status to use the relaxed standard and their ability to tell you that this, in fact, is the way this thing ought to be located. Now I know that the neighbors are concerned about its location and its effect on their property and the enjoyment of their property. Now I want to read you a sentence from one of the cases that I came across: "The fact that these provisions (and they are talking about the provisions of the local zoning law) may be said to promote the health, safety and welfare of a few neighboring property owners is not justification where they are in derogation of general public welfare.' Consequently, the Court goes on to say that, in effect, and they go on to say it in this fashion: 'I have not overlooked the claim of the respondents (that would be the Board) that the establishment of the line (and that's what they were talking about here, but the principle is the same) as proposed will result in considerable consequential damage to certain individuals and property owners. Neighboring property values will be depreciated to some extent, but it is to be borne in mind that pecuniary property of an individual is secondary to public welfare. But it is apparent that there is a public need and incidental damage, 2 r 'DECEIVED JUI. 1 41995 Town of Cortlandville Zoning Board of Appeals Meeting June 27, 1995 inconvenience, and annoyance of individuals may not stand in the way of taking care of such need.' And lastly, which I thought was an interesting -- because courts, you know, are quite apt to want to maintain their own authority over things -- in one case there is a statement by the Court that, 'It is the province of the public utility to layout its facility in accordance with its necessary requirements. That that layout done by the public utility is not subject to regulation or control of local authority or even court supervision unless it can be demonstrated that the utility, in laying out its facility, has acted somehow in bad faith.' Now I know that the presentation that was made to you on March 28th was not one that you were comfortable with, it was not one that you enjoyed. I know that if you vote to grant this variance you are doing so because you believe that the law requires that you believe that the law requires that you do so, not because it is a matter of your free choice. And I think for the purposes and in the interests of the people who are here in opposition to the location of this tower, I understand what their concern is and I wish that we had a vehicle by which we could address them. We don't. In my considered legal opinion, based on my research, and I know a lot more about cable facilities today than I ever thought I wanted to, based on that I have to tell you that if you don't grant this variance you are going to be ordered to do so and there may well be an award of costs to accompany that award. My advice to you then is legal advice to you at that point. That's all I can give you is that you ought to grant the variance because I think the law requires that you do so, and I know that you don't like it and I hate to be the one to bring the bad news but, unfortunately, that's part of my job. If there are questions from the Board, I will try to answer them." The Board raised no questions. Chairman Plew continued: "The decision of this Board is not one we enjoy, and I think it's very unfair to the public. But at this point we can entertain no comments from the audience. I have made the motion, and we have a second, and I'm doing that under legal counsel advice. It is not what I want to do. It is not what this Board wants to do, but we have no choice. So I have made the motion, Joann has made the second. In favor'?" All were in favor. This becomes Resolution #23 of 1995. The formal resolution, prepared by Town Attorney John Folmer, is as follows: WHEREAS, by application dated March 2, 1995, New York RSA No. 4 Cellular Partnership (the "Telephone Company") made application to the Town of Cortlandville Zoning Board of Appeals (the "ZBA") for an area variance to permit a 200 foot high cellular telephone communication tower to be located off Locust Avenue in the Town of Cortlandville, New York (the "Project"); and WHEREAS, a public hearing on the application was held on March 28, 1995, following which the application was denied; and WHEREAS, by Petition dated April 25, 1995 the Telephone Company initiated an Article 78 proceeding challenging the denial of the application (the "Action"), and WHEREAS, on June 27, 1995, the ZBA held a settlement meeting to discuss possible resolution of the said litigation, NOW, THEREFORE, upon advice of counsel and for the purpose of disposing of pending litigation without incurring additional time and expense, be it RESOLVED that Based upon the Telephone Company's application for an area variance, including the environmental assessment forrn, the testimony, documentary evidence and exhibits submitted to the ZBA, all of which have been carefully analyzed; and based further upon the advice of its legal counsel, the ZBA hereby: (i) rescinds its denial of the application; (ii) determines that the Project will not have a significant impact on the environment and that a negative declaration pursuant to the State Environmental Quality Review Act is hereby issued; and (iii) that the Project complies with the applicable standards under New York Law for an area (height) variance is hereby approved. 3 RECEIVED JUL 1 41999 Town of Cortlandville Zoning Board ofAppeals Meeting June 27, 1995 Item # 1 of the Legal Notice was next discussed.- Gary Riordan of Video Circus, located at the Groton Avenue Plaza (Tax Map Parcel No. 86.13-01-58.100).fequests a variance fof an additional sign at his business. No one had any questions.- .Chairman Plew then closed the public hearing at 7:45 p.m, and entertained a motion to approve the variance request as submitted: Joann O'Rourke made a motion to grant the variance and Patricia Wright seconded the motion. All were in favor. This becomes Resolution #24 of 1995. Item #2 of the Legal Notice was next, discussed. Lawrence Hinkle has requested a variance to allow for a front yard setback less than allowed. He presented some photographs of his home (Tax Map Parcel #95.11-02-13.000).along with homes of similar design which they would like their house to resemble. They would like to add a two -car garage to the "blank side" of their house, along with a porch that would connect to `the house (not enclosed), but the garage would violate the front yard setback. He stated they were requesting 20 feet. Adjacent. landowners had been notified "and there were no objections received. No one at the hearing spoke against the application. Mr. Weber reported that the required setback is 35 feet, and at present they have 36 feet,. so if they came out an additional 20 feet, as requested, they would have a setback of only .16 feet. Mr. Plew then closed the public hearing and the Board discussed the request. A motion to grant the variance with a minimum 20 -foot setback was made by Joann O'Rourke, seconded by Tom Bilodeau. All were in favor. This becomes. Resolution #25. of 1995. Item #3 of the Legal Notice was next discussed. ,Carl Savino.and Richard Osborne have requested a variance of Article 5 of the Zoning Law .to allow for a. nine=hole expansion of Walden Oaks Golf Course. (Tax Map Parcel #96.00=06-01.100). Mr. Osborne presented a preliminary sketch of what they propose. Bruce Weber reported that adjacent landowners had been -notified of the proposed project and he.had a few people come in and comment they were in favor of it. Mr. Weber explained that Walden Oaks was a PUD (Planned Unit Development), a combination of residential uses and the golf course in what was .formerly an Agricultural District. The property in question is zoned -R-2 along Starr Road, and the back portion is zoned Agricultural. .The Board discussed the proposal and it',was their opinion that they were in favor of the expansion. Chairman Plew acknowledged receipt of Cortland County Planning Department's Resolution No.- 95-22 dated June 21, 1995 recommending, denial of the requested use variance. Chairman Plew said the request was an expansion of business, and asked the Board members if they had any questions or comments. There was none and the Chairman closed the public hearing. A motion was made by Tom Bilodeau, to grant the variance as submitted; the motion was seconded by Joann O'Rourke. All were in favor. . This becomes Resolution #26 of 1995. Tom Bilodeau then made a motion to adjourn the meeting; seconded by Patricia Wright.. J an E. Fitch, Secretary Cortlandville Zoning Board of Appeals N RECEIVED AUG 0-3 TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS Thursday, 13 July 1995 Board Members (*absent) David Plew, Chairperson John Finn Joann O'Rourke Thomas Bilodeau *Patricia Wright Public Present Others Present Bruce Weber, Code Enforcement Officer Joan E. Fitch, Secretary 4a Kenneth Drake, Larry Hinkle, Jan Hinkle; Mitchell Recoon, Real Estate Manger of TOPS Friendly Markets, Buffalo, NY. The Public Hearing was called to order at 6:30 p.m. by Chairman Plew. At that time he read the ---------------L-egal Notice, published as follows: Notice is hereby given that a public hearing before the Zoning Board of Appeals of the Town of Cortlandville will be held Thursday, July 13, 1995, at 6:30 p.m. at the Town Hall, 15 Terrace Road, in the Town of Cortlandville, NY to consider the following applications pursuant to the 1986 Zoning Law; 1. In the matter of the application of Kenneth Drake for property located at 10 Ridgeview Avenue, Cortland, NY, Tax Map Parcel No. 86.00-02-07.000, for a variance in the terms and conditions of Article III, Section 6 of such Zoning Law to allow for a rear yard less than allowed. The above applications are open to inspection at the office of Bruce A. Weber, Code Enforcement Officer, 15 Terrace Road, Cortland, NY, or call 607/756-7490. Persons wishing to appear at such hearing may do so in person or by attorney or other representative. Communications in writing in relation thereto may be filed with the Board or at such hearing. Dated: July 3, 1995 Signed by: David Plew, Chairman d� .l Mr. Drake stated that he would like to install an in -ground swimming pool in his rear yard and that several other such pools are in his neighborhood. However, his property is located partially in the Town of Cortlandville (in an Agricultural Zone), and partially in the City of Cortland. The pool would be located in the Town where he is required to have a 40 -foot back yard which would not allow enough room for the pool. No one at the hearing was either for or against the request for a variance. Mr. Plew then closed the public hearing. A motion was made by John Finn to approve the variance as requested, seconded by Joann O'Rourke. All were in favor. This becomes Resolution #27 of 1995., _4 The Chair recognized Bruce Weber,�own Code EnforcementFOMcer, who stated tha Mi* Hiakle.(wh" ;came liefo e.tYe ZBA ofu1y27I995yand was granted avariante to allow for a front yard setback less `than allowed Resolution -#25 of I`995) wishes ncrease�the 20 -_foot Pa =setback stipulate,440- l feet an the porch,,w�hich was originally five feet, Ylie woufd like; to=eandto six fe e. (T Map zce#95.:T:L- }.02=13?OOO;:corner of Spruce Run and Sleepy'Ho11ow�Road)- —revised map was submitted to the Board. Town of Cortlandville Zoning Board of Appeals Meeting Ty 13; 165L, Upon a_motion by David Plew, seconded by Thomas Bilodeau, with all voting in favor; -the�iequest:was {° '_31 This becomes Resolution #28 of 1995. Chairman Plew then explained that .the next thing to come before the ZBA was the issue of the directional signs to be installed at the new Tops Super Store on NYS Route 281 (TM #86.13-01-65.200). He read the April 25, 1995 Resolution (#15 of 1995) in its entirety, as follows THEREFORE, a motion was made by Chairman David Plew, seconded by Member Patricia Wright, to approve the application for variance as submitted Advision/Tops Markets, Inc. for signs to be located at the new Tops Market on Rte. 281 with the following conditions: (1) Free-standing, (pylon) sign is permitted to be 25' in height, NOT 30'. (2) Entry and exit signs to be installed 15' backfrom the Rte. 281 right-of-way and to read „Enter" and "Exit" only, not "Tops." All voting in favor, the motion was carried. Chairman Plew stated that the new problem arises with condition #2 above relative to the sign wording. Tops has requested the addition of the words "Open 24 Hours" and "Tops." Chairman Plew recognized Mitchell Recoon, the Real Estate Manager of Tops Friendly Markets. He asked that the Board allow them to place this new wording on their 3x3 Enter/Exit signs. The actual size of the approved signs would not change; however, they want to be able to add the new wording. He stated that these signs are standard and consistent with signs at all Tops Super Centers. Mr. Weber stated that once the additional words were added, the signs then go from being "informational" to an advertising sign. After considerable discussion, the proposed signs were approved as illuminated 3x3 directional signs with the added wording of "Open 24 Hours" and the Tops logo, as submitted; the `. motion was made by John Finn, seconded by Joann O'Rourke, with all in favor. This becomes Resolution #29 of 1995. John Finn then made a motion to adjourn the meeting; seconded by Thomas Bilodeau. r , JoFitch, Secretary CoAlandville Zoning Board of Appeals K RECEIVE! SLP 1 3 1 TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS Tuesday, 29 August 1995, Board Members (*absent) David Plew, Chairperson John Finn Joann O'Rourke *Thomas Bilodeau Patricia Wright Public Present Others Present Bruce Weber, Code Enforcement Officer Joan E. Fitch,' Secretary David & Margery Alexander, JoLynne Abdallah, Edwin Rogers, Patricia Eggler, Barbara VanSickle, Alan Schwartz, Val Lyn, Carl Staley, Richard Wicks, Tom Delara The Public Hearing was called to order at 6:00 p.m. by Chairman Plew. At that time he read the Legal Notice, published as follows: Notice is hereby given that a public. hearing before the Zoning Board of Appeals of the Town of Cortiandville will be held Tuesday, August 29, 1995, at 6:00 .p.m. at the Town Hall, 15 Terrace Road, in the Town of Cortlandville, NY to consider the following applications pursuant to the 1986 Zoning Law; 1. In the matter of the application of David Alexander, for property located at RoN ute 11 South, Cortland, Y, Tax Map Parcel No. - 87,00-02-0 1. 000 for a variance in the terms and conditions of Article VIII, Section 6 of such Zoning Law to allow for an Agricultural use closer to property line that allowed. 2. In the matter of the application of.Edwin Rogers, for property located at 4340 North Road, McGraw, NY, Tax Map Parcel No. 78.00-01-38.000 for a variance in the terms and conditions of Article III, Section.6 of such Zoning Law to allow for a pool, to be closer to the rear property line that allowed. 3. In the matter of the application of Marshall Bros., for property located .at Route 11 South, Cortland, NY, Tax Map Parcel No. 97.02-01-24.000 for a variance in the terms and conditions of Article XV, Section 2, Table 15.4, Note 2, and Table 15.3 of such Zoning Law to allow for signs greater in number, greater in area, closer to property line, and taller than allowed and for building -mounted signs to be illuminated. 4'. In the matter of the application of Cortland Health Center, for property located at Fisher Avenue, Cortland, NY, Tax Map Parcel No. 76.18-01-07.00 for a variance in the terms and conditions of Article IV, Section 51' Footnote No. 3 of such Zoning Law to, allow for parking in required yards. i 5. In the matter of the application of Robert Bean, for property located at Tompkins Street, Tax Map Parcel No. 96.09-01-53.112 for a variance in the terms and conditions of Article VI; Section 5 of such.Zoning Law to allow for the installation of five mobile homes. 6. In the matter of the application of Patricia Eggler, for property located at East River Road, Cortland, NY, Tax Map Parcel No.. 77.00-09-08.000 for a variance in the terms and conditions of Article III, Section 6 of such Zoning Law to allow for a garage closer to side property line than allowed. RECEIVED SEP 1 3 WS y,5 (T)Cortlandville Zoning Board of Appeals 29 August 1995 7. In the matter of the application of United Refining Co., for property located at - . Route 281, Cortland, NY, Tax Map Parcel No. 95.12-01-10.000 for a variance in the terms and conditions of Article XV, Section 2, Table 15.3 of such Zoning Law to allow for a building -mounted, sign to be illuminated .and for a sign closer to the property line and taller than allowed. The above applications are open to inspection at the office of Bruce A. Weber, Code Enforcement Officer, 15 Terrace Road, Cortland, NY, or call 607/756-7490. Persons wishing to appear at such hearing may do so in person or by attorney or other. representative. Communications in writing in relation thereto maybe filed with the Board or at such hearing. Dated August 15, 1995 Signed by: David Plew, Chabperson David/Margery Alexander`- US Route 11 - TM #87.00-02-01.00 & 87.00-02-05. Chairperson Plew recognized David Alexander who stated that approximately a year ago, his mother, Margery Alexander conveyed to Douglas Staley and Deborah Amidon Lane a house on US Route 11. The map used in the subdivision application 'did not include the addition of .2 of an acre (TM #87-02- 01) to TM #87.00'-02-05, as shown on the map submitted, dated 13 June 1995, and prepared by James P. McNamara, PLS. Mr. Alexander was, appearing before the Board to correct this. Mr. Alexander was also asking the Board for a variance which would allow•the property line to be closerto the barn than what is allowed. Mr. Plew then closed the public hearing and the Board discussed what was proposed. A motion was made by John Finn, and seconded by Joann O'Rourke, to grant the variance requested. All members present voted in favor. This becomes Resolution #30 of 1995. i Edwin Rogers - 4340 North Road/McGraw - TM #78.00-01-38.000 The Chair recognized Edwin Rogers who appeared before the ZBA to request_ a variance to allow for a swimming pool to be closer to the property line than allowed: The pool was installed without a building permit, and was located approximately 20 feet from the rear property line which is at Mosquito Creek. The setback allowed is 40 feet. The adjacent property owner had no objection. The public hearing was closed, and a motion was made by Joann O'Rourke, seconded by Patricia Wright, to grant the variance as requested. All- members present voted in favor. This becomes Resolution #31 of 1995. Marshall Bros. - US Route 11 - TM #97.02-01-24.000 Chairman Plew then asked if a representative of Marshall Bros. was present to present their request. No representative was present, so the matter was tabled. Cortland Health Center - Fisher Avenue - TM #76:18-01-07.00 Richard Wicks, from Associated Architects of Syracuse, explained the Health Center's request for a variance to allow for additional parking. No one appeared to object to the proposed variance. Mr. Wicks stated that the first phase of their construction project would be to complete a one-story addition to the building, and that the foundation was designed with the idea to construct a second story sometime in the future. However, they wished to let the Board know the total concept for the site. He further stated that in order to build the one-story addition they would need another 51 parking spaces to the front and west side of the building. Chairman Plew closed the public hearing. A motion to approve the additional parking as requested was made by John Finn and seconded by P RECEIIVFn SEP 1 3 1995 LAP (T)Cortlandville Zoning Board of Appeals 29 August 1995 Patricia Wright. All members present voted in. favor. This becomes Resolution #32 of 1995. Robert Bean - Tomukins Street - TM #97.02-01-24.000 Chairman Plew asked if Mr. Bean or his representative was present to come before the Board regarding his request for a variance to allow for the installation of five mobile homes. As no one was present, the request was tabled. Patricia Eggler - 2035 East River Road - TM #77.00.09-08.000 Chairman Plew recognized Patricia Eggler who appeared before the Board to request a variance to allow for a garage one -foot closer to the side property line than allowed. No one on the Board had any problem with granting a variance for one foot, and no adjacent property. owner was present to oppose the request. Member Finn asked the disposition of the two trees -- did they have to come down? Ms. Eggler stated that they were going to try,to save them. The public hearing was then closed by Chairman Plew. A motion was -made _byJoann O'Rourke to grant the variance as requested, seconded by John Finn, with all members voting in the affirmative. This becomes Resolution #33 of 1995. United Refining Co. - NYS Route 281 : TM #95.12-01-10.000 Chairman Plew asked if a representative of United Refining Co. was present to present their request for a variance. There was no one present. At this time, Chairman Plew asked if there was anyone present to represent Marshall Bros. in their request for a variance. No one was present. Chairman Plew then asked if there was anyone present to represent Robert Bean. No one was present. Patricia Wright then made a motion to adjourn the meeting; seconded by Joann O'Rourke. The meeting was adjourned at. 6:20 p.m. Respectfully submitted, Joan E. Fitch, Secretary Town of Cortlandville Zoning Board of Appeals 3 RECEIVED SEF 2 7 1995 TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS Tuesday, 12 September 1995 , Board Members (*absent) David Plew, Chairperson John Finn Joann O'Rourke Thomas Bilodeau Patricia Wright Public Present Others Present Bruce Weber, Code Enforcement Officer Joan E'. Fitch, Secretary �_i Robert Bean, JoLynne Abdallah, Cara Hallock, T. James & Case A. Marshall, Pamela & Michael McKinney, Rick Shafer, Amanda Shaw, P. Harter The Public Hearing was called to order at 6:30 p.m. by Chairman Plew who read the Legal Notice, published 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, September 12,1995, at 6:30 p.m. at the Town Hail, I5 Terrace Road, in the Town of Cortlandville, NY to consider the following applications pursuant to the 1986 Zoning Law; 1. In the matter of the application of Pamela McKinney, for property located at Route 215, Cortland, NY, Tax Map Parcel No. 96.00-07-04.000 for a variance in the terms and conditions of Article III, Section 6, of such Zoning Law to allow for a swimming pool closer to a rear property line than allowed. 2. In the matter of the application of Marshall Bros., for property located at Route 11 South, Cortland, NY, Tax Map Parcel No. 97.02-01-24.000 for a variance in the terms and conditions of Article XV, Section 2, Table 15.4, Note 2, and Table 15.3 of such Zoning Law to allow for a greater number, greater area, and taller than allowed, andfor building -mounted signs to be illuminated. 3. In the matter of the application of Robert Bean, for property located at Tompkins Street, Tax Map Parcel No. 96.09-01-53.112 for a variance in the terms and conditions of Article VI, Section 5 of such Zoning Law to allow for the installation of fwe mobile homes. 4. In the matter of the application of United Refining Co., for property located at Route 281, Cortland, NY, Tax Map Parcel No. 95.12-01-10.000 for a variance in the terms and conditions of Article XV, Section 2, Table 15.3 of such Zoning Law to allow for a building -mounted sign to be illuminated andfor a sign closer to the property line and taller than allowed. The above applications are open to inspection at the office of Bruce A. Weber, Code Enforcement Officer, 15 Terrace Road, Cortland, NY, or call 6071756-7490. Persons wishing to appear at such hearing may do so in person or by attorney or other representative. Communications in writing in relation thereto may be filed. with the Board or at such hearing. Dated: September 1, 1995 Signed by: David Plew, Chairperson RECEIVE® SEP 2 7 1995 (T) Cortlandville Zoning Board of Appeals 12 September 1995 `t 0 Pamela McKinney - Route 215 - TM #96.00-07-04.00 Chairperson Plew recognized Pamela and Michael McKinney who appeared before the ZBA to request a variance to allow for a swimming pool closer to the rear property line (Goodale, RO) than allowed. The pool is less (141 than the 40' setback required. Mr. McKinney stated that he had talked with the adjacent rear property owner and he had no objection; Bruce Weber also confirmed that the property owner was also notified of the variance request, by mail. With no one having any further questions or concerns, Chairperson Plew closed the public hearing. Board Member O'Rourke then made a motion to approve the variance as requested; the motion was seconded by John Finn, with all voting in favor. This becomes Resolution #34 of 1995. Marshall Bros. - US Route 11 - TM #97.02-01-24.000 The Chair recognized Rick Shafer, Attorney for Marshall Brothers, who appeared before the ZBA to request a variance to allow for signs greater in number, greater in area, and taller than allowed, and for building -mounted signs to be illuminated. Mr. Shafer presented the Board with a packet showing the proposed the proposed details and locations of the signs to be placed on this site. The building on this site is proposed to contain a "Pit Stop" convenience -type store, a Burger King, and perhaps an ice cream store, in addition to its present fuel business. The ice cream sales may end up with the Pit Stop, or with the Burger King; plans for this entity have not been finalized. The packet contained a list entitled "Actual Sign List" and these minutes make reference to those numbers and letters thereon for clarification. Each proposed sign was reviewed and discussed by the applicant's representative, as well as answers being provided by the Marshall Brothers. Mr. Harter, an adjoining property owner, stated he was present to determine what the Board was going to allow/deny with regard to signage. He did not oppose granting of the variance. With no one having any further questions or concerns, Chairperson Plew closed the public hearing. After a thorough discussion of all signs proposed, and those that were considered advertising and not directional, the Board, on a motion made by David Plew, seconded by John Finn, with all members voting in favor, approved the variance as follows: On the Outside of the Building: • Approved two Burger King signs to be placed on the east and west ends (ref. # 1 sign on list). • Denied use of Burger King letters in vinyl. • Approved the Pit -Stop sign facing west. For the Surrounding Area: • Approved signs A, D, E, and F as submitted. • Denied use of logos on signs C and G. • Approved size and height of B sign, but must adhere to right-of-way requirements. This becomes Resolution #35 of 1995. 5� 0\ QS q�O, 09 - o f- S 3, n�e�- Robert Bean - Tompkins Street - TM #97.02-01-24.000 Chairman Plew asked if Mr. Bean or his representative was resent to come before the Board regarding his request for a variance to allow for the installation of fiv21mobile homes. The original application for five homes was modified to four by Mr. Bean, eliminating the front home as shown on the sketch he submitted to the Board. Chairperson Plew then stated that the Board had received two comment letters dated 8/23/95 and 9/9/95 from Ida Gattanella of Huntington Beach CA, the owner of TM #96.09-02-45.000. Mrs. Gattanella voiced her opposition to granting the variance as she believes the placing of mobile homes on the subject property will impact the resale values of adjoining properties. Cara Hallock, who was present and also a neighbor, also stated that this was her concern too, along with the traffic. According to Mr. Plew, per Mr. Bean, the tenants of the proposed homes will be retirees, but he realizes there is no way to regulate that. Mr. Bean also owns the properties on either side of the subject parcel. Mr. Finn stated that he thought the proposed use would do something with the property. Member O'Rourke asked if the Board had reviewed this same proposal previously and it was denied at that time. Bruce Weber then stated that Mr. Bean had the right to continue to make 2 �CEIVE® SEP 2 7 M5 (T) Cortlandville Zoning Board of Appeals 12 September 1995 application if he prepared a map or sketch which was different. Mr. Bean has now submitted a sketch showing five mobile homes, but stated at this meeting that he wished to eliminate the one shown facing NYS Route 13, for a revised total of four mobile homes. Member Bilodeau asked for clarification as to why Mr. Bean needed this variance. Mr. Weber replied that mobile homes are not permitted anywhere in the Town except in a mobile home park and this parcel is not considered a part of the adjacent mobile home park formerly owned by Mr. Bean. Mr. Weber further stated that by granting the variance, a mobile home park was being created which is in contrast to the regulations which only allow a mobile home park in a Planned Unit Development. The minimum lot size is supposed to be 50 feet wide and there is not one of the homes that would be on a lot 50 feet wide. Mr. Finn asked Mr. Bean how close these mobile homes would be to one another, and Mr. Bean replied "about 20 feet." Mr. Bean also stated that the subject parcel was part of the original park and he kept this parcel when he sold the park. He further stated that he had people who wanted to be with other older people and this is why he wanted to put the mobile homes there and make them attractive with landscaping. He also stated that he believed there was no other use for this ',just stone and rock' parcel. Member Bilodeau asked Mr. Weber what the size of a mobile home lot is supposed to be, and Bruce replied that, using 1960 regulations, the minimum lot width is not less than 50 feet and the depth is not less than 100 feet. The current regulations are a minimum lot width of 65 feet, with a minimum lot size of 7800 square feet. Mr. Weber stated that what is proposed' does not even meet the old regulations, and from the information supplied by the Assessor's Office, the subject parcel was never considered a part of the park. Mr. Bean disagreed. Member Finn asked Mr. Bean about a letter Mr. Bean had received from the County Planning Board concerning numbers assigned to the proposed mobile homesites, and Mr. Bean replied that he didn't know why they sent it to him and he was surprised he had received it. Mr. Weber stated that according to Mr. Dineen of the Planning Department it was sent because Mr. Bean had requested it. Chairperson Plew then closed the public hearing as there were no more questions or concerns. Mr. Plew then made a motion for approval of the variance for four mobile homes as shown on the plan submitted, eliminating the front home. John Finn seconded the motion. The vote was as follows: Those in favor - Tom Bilodeau Opposed - Joann O'Rourke John Finn Patricia Wright David Plew Chairperson Plew then stated that the majority carries. Mr. Weber then called it to the Board's attention that the County Planning Board recommended denial of this request which, he believed, would now require a majority plus one to override the County's recommendation. Bruce stated that he would check on this. Mr. Plew also stated that he would like to see a copy of the County's recommendation for denial in addition to the rule for overriding what the County recommended. Mr. Plew and Mr. Finn said that the application had been changed since that time, with the request now being for four mobile homes, not five. Mr. Weber stated that the application still stands at five and if Mr. Bean would like to make an application for four, he is welcome to do so. However, he continued, if the Board did not feel that the County's recommendation is still applicable and wanted to grant Mr. Bean's application and instruct him to issue building permits for those mobile homes he would do so because then a majority plus one vote would not be required. Mr. Bilodeau then said that he thought the vote requirements should be checked and that he would then agree that the application was the same (for the five) and Mr. Bean should return with an application for four. Mr. Plew then stated that if Mr. Bean returned with an application for four, it would then have to go before the County Planning Board again. Mr. Weber stated that if the Board felt that the application was substantially different and they would like it resubmitted to the County Planning Board, or if they feel their recommendation would be different, then he would do that as directed by the Board. However, Mr. Weber felt it would be a waste of time to resubmit it for the same determination. After considerable discussion of the various options available, Mr. Plew made a motion stating that the application for four mobile homes is substantially different from the five, therefore the County's recommendations are not applicable, and that the Board was going to treat this as a new application, and grant the variance. John Finn seconded the motion. The vote was then recorded as follows: Those in favor - Tom Bilodeau Opposed - Joann O'Rourke John Finn Patricia Wright David Plew This becomes Resolution #36 of 1995. 3 RECEIVED SEP 2 7 1955 M Cortlandville Zoning Board of Appeals 12 September 1995 United Refining Co. - NYS Route 281 - TM #95.12-01-10.000 Chairman Plew asked if a representative of United Refining Co. was present to present their request for a variance. There was no one present (for the second time). John Finn then made a motion to deny the variance requested on the basis of no one appearing for United Refining Company. The motion was seconded by David Plew with all voting in favor. This becomes Resolution #37 of 1995. David Plew then made a motion to adjourn the meeting; seconded by John Finn. The meeting was adjourned at 8 p.m. Respectfully submitted, Joan E. Fitch, Secretary Town of Cortlandville Zoning Board of Appeals 4 . WLCEIVED UV TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS Tuesday, 26 September 1995 Board Members (*absent) *David Plew, Chairperson John Finn Joann O'Rourke Thomas Bilodeau Patricia Wright Public Present None Others Present Bruce Weber, Code Enforcement Officer Joan E. Fitch, Secretary John Folmer, Town Attorney The Public Hearing was called to order at 6:47 p.m. by Acting Chairman Bilodeau who read the Legal Notice, published 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, September 26, 1995, at 6.30 p.m. at the Town Hall, 15 Terrace Road, in the Town of Cortlandville, NY to consider the following applications pursuant to the 1986 Zoning Law: 1. In the matter of the application of Builder's Best, for property located at 3798 Luker Road, Cortland, NY, Tax Map Parcel No. 95.00-05-10.200, for a variance in the terms and conditions of Table 15.3 of such Zoning Law to allow for a building -mounted sign to be illuminated. 2. In the matter of the application of Robert Bean, for property located at NYS Route 13 South, Cortland, NY, Tax Map Parcel No. 96.09-01-53.1.12 for a variance in the terms and conditions of such Zoning Law to review approval of four mobile homes. (AS STATED BY THE ACTING CHAIR, THIS APPLICATION WAS WITHDRAWN BY THE APPLICANT PRIOR TO THIS MEETING; THEREFORE, IT WAS NOT READ INTO THE RECORD BY THE ACTING CHAIR, BUT IS INCLUDED IN THESE MINUTES AS IT WAS PUBLISHED.) The above applications are open to inspection at the office of Bruce A. Weber, Code Enforcement Officer, 15 Terrace Road, Cortland, NY, or call 607/756-7490. Persons wishing to appear at such hearing may do so in person or by attorney or other representative. Communications in writing in relation thereto may be filed with the Board or at such hearing. Dated: September 19, 1995 Signed by: David Plew, Chairperson Builder's Best - 3798 Luker Road -Tax Mav Parcel No. 95.00-05-10.200 No one was present to represent the applicant, and the Board members had no problem with granting the sign variance as submitted. John Finn made a motion to approve the variance. Joann O'Rourke seconded the motion, and all voted in favor. This becomes Resolution #38 of 1995. (T) Cortlandville Zoning Board of Appeals RECEIVED 51 26 September 1995 5\+h\? CIifl,U9-vg - 53, ► 1�. Robert Bean - NYS Route 13 South (Tomukins Street) - TM #97.02-01-24.000 Bruce Weber, Town Code Enforcement Officer, asked the Zoning Board of Appeals if they wanted to amend the minutes dated 12 September 1995 regarding clarification of the mobile homes Mr. Bean proposes to install at this location. The minutes did not reflect that they were to be new mobile homes. The secretary was instructed to correct the minutes by adding the word "new" before the words "mobile homes" as referenced in said minutes. Joann O'Rourke made the motion to correct the minutes as stated, seconded by John Finn, with all Board members voted in the affirmative. John Finn then made a motion to adjourn the meeting; seconded by Tom Bilodeau. The meeting was adjourned at 6:50 p.m. Respectfully submitted, Joan E. Fitch, Secretary Town of Cortlandville Zoning Board of Appeals 2 53 Correction/Revision to Cortlandville ZBA Meeting Minutes of 12 September 1995 Re: Robert Bean - Tomukins Street - TM #97.02-01-24.000 ane+ At the 26 September 1995 meeting of the Town of Cortlandville Zoning Board of Appeals, the Board corrected the minutes regarding Mr. Bean's application to install four mobile homes. The correction to those minutes clarifies the type of mobile homes that Mr. Bean proposes to install per the following verbatim transcript excerpted from the tape recording of the meeting: J. O'Rourke: These are brand new trailers? R. Bean: Brand new. Resolution #39 of 1995 should, therefore, reflect the granting of a variance to allow for installation of four new mobile homes. (Please place this revision at the very end of the ZBA minutes for 9/12/95.) Respectfully submitted, �1— Joan E. Fitch ZBA Secretary Page 1 of 1 I i TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS Tuesday, 28 November 1995 Board Members (*absent) David Plew, Chairperson John Finn *Joann O'Rourke Thomas Bilodeau Patricia Wright Public Present Others Present Bruce Weber, Code Enforcement Officer Joan E. Fitch, Secretary Rev. Richard W. Cowles, Jr., Pastor of Homer Congregational Church The Public Hearing was called to order at 7:00 p.m. by Chairman Plew who read the Legal Notice, published 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,November 28, 1995, at :700 p.m. at the Town Hall, 3577 Terrace Road, in the Town of Cortlandville, NY to consider the following applications pursuant to the 1986 Zoning Law: 1. In the matter of the application of the Homer Congregational Church for the property located at 4269 Route 11, Cortland, NY, Tax Map Parcel No. 76.19-01-32.000, for a variance in the terms and conditions of Article XV, Section 2.2 of such Zoning Law to allow for a sign closer to property line that allowed. 2. In the matter of the application of Fay's Drug Store, 231 Groton Avenue, Cortland, NY, for property located at Tax Map Parcel No. 86.13-02-56.100, for a variance in the terms and conditions of Table 15.3 of such Zoning Law to allow for a building - mounted sign to be illuminated. The above applications are open to inspection at the office of Bruce A. Weber, Code Enforcement Officer, 3577 Terrace Road, Cortland, NY, or call 607/756-7490. Persons wishing to appear at such hearing may do so in person or by attorney or other representative. Communications in writing in relation thereto may be filed with the Board or at such hearing. Dated: November 16, 1995 Signed by: David Plew, Chairperson Homer Congregational Church - 4269 US Route i i - TM #76.19-01-32.000 Chairman Plew recognized Rev. Richard Cowles who was present to represent the church in their request for a variance for a sign closer to the property line than allowed. Rev. Cowles explained that the church will be operating "The Home Store," from an existing building located on this parcel which is owned by David Feinstein. There are existing sign posts (formerly Planck Motors) at the front of the property and the church would like to place their sign thereon, covering over the frame that is still in place; however, the posts are located only three or four feet from the right-of-way, according to Bruce Weber, CEO, and should be a minimum of 15 feet. The variance is needed because the existing sign/posts have not been used for a number of years and the "grandfathering" has expired. Member Finn asked Rev. Cowles for the dimensions of the sign and for a reason why they wish the sign to be placed on the existing posts. Rev. Cowles replied that the sign would be approximately 4 ft. by 8 ft., and having the posts already there would make it much easier for them to erect a sign. He also explained what the Home Store would sell -- donated building supplies such as windows, doors, (T) Cortlandville Zoning Board of Appeals JJ 28 November 1995 cupboards, etc., along with home furnishings. The donated items are then re -sold to the public at a reduced price, with the money going toward constructing low-income housing. Chairman Plew asked Mr. Weber if the sign has posed a problem in the past, and Mr. Weber replied that, to the best of his knowledge, it has not. CEO Weber also stated that there is, in fact, a telephone pole in close proximity to the sign posts that is actually closer to the road. With no one else having any questions, Chairman Plew closed the public hearing. At this time, Patricia Wright made a motion to grant the variance requested. The motion was seconded by Thomas Bilodeau with all members present voting in favor. This becomes Resolution #40 of 1995. Fay's Drug Store - 231 Groton Avenue (at the Plaza) - TM #86.13-01-56.100 Chairperson Plew asked if there was anyone present to represent Fay's in their request for a variance to illuminate a building -mounted sign at this site. As there was no one present, the Board discussed the variance request. CEO Weber stated that the sign conformed to all rules and regulations in every way, except for illumination. With no more discussion, a motion to grant the variance request was made by Patricia Wright, seconded by John Finn, with all members present voting in the affirmative. This becomes Resolution #41 of 1995. Tom Bilodeau then made a motion to adjourn the meeting; seconded by John Finn. The meeting was adjourned at 7:25 p.m. Respectfully submitted, Joan E. Fitch, Secretary Town of Cortlandville Zoning Board of Appeals 2 RECEIVED JAIL5(O 1 2 1996 TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS ( Wednesday, 27 December 1995 Board Members (*absent) David Plew, Chairperson John Finn *Joann O'Rourke Thomas Bilodeau Patricia Wright Public Present Others Present Bruce Weber, Code Enforcement Officer Joan E. Fitch, Secretary Bill Mahoney and Jim Reagan of Cortland Wholesale Electric; Mike Edwards of Upstate Audio; David Yaman, representing REX Audio; Peter Berardi of Rocci's; David Stoker of Advantage Auto The Public Hearing was called to order at 6:30 p.m. by Chairman Plew who read the Legal Notice, published 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, December 27, 1995, at 6:30 p.m. at the Town Hall, 3577 Terrace Road, in the Town of Cortiandville, NY to consider the following applications pursuant to the 1986 Zoning Law: 1. In the matter of the application of Cortland Wholesale Electric for property located at 201 Homer Avenue, Cortland, NY, Tax Map Parcel No. 76.19-01-49.000, for a variance in the terms and conditions of Article .7MI, Section 7. LF of such Zoning Law to allow for a storage building with a floor elevation less than allowed. 2. In the matter of the application of Upstate Auto Center for property located at Route 281, Cortland, NY, Tax Map Parcel No. 86.13-01-22.000, for a variance in the terms and conditions of Article XV, Section 2, Table 15.3 of such Zoning Law to allow for signs closer to property line and greater in number than allowed. 3. In the matter of the application of Hanover Sign Co., for property located at Route 281, Tax Map Parcel No. 96.16-01 - 1 & 000, for a variance in the terms and conditions of Table 15.3 of such Zoning Law to allow for signs greater in number and for building -mounted signs to be illuminated. 4. In the matter of the application of Saxton Signs Corp. for property located at 294 Tompkins Street, Cortland, NY, Tax Map Parcel No. 96.09-01-28.000, for a variance in the terms and conditions of Table 15.3 of such Zoning Law to allow for building - mounted sign to be illuminated. 5. In the matter of the application of Advantage Auto Store for property located at 4030 West Road, Cortland, NY, Tax Map Parcel No. 86.09-01-40, for a variance in the terns and conditions of Section (sic] 15.3 of such Zoning Law to allow for building - mounted signs to be illuminated. The above applications are open to inspection at the office of Bruce A. Weber, Code Enforcement Officer, 3577 Terrace Road, Cortland, NY, or call 607/756-7490. Persons wishing to appear at such hearing may do so in person or by attorney or other representative. Communications in writing in relation thereto may be filed with the Board or at such hearing. Dated: December 13, 1995 Signed by: David Plew, Chairperson Ey (T) Cortlandville Zoning Board of Appeals 27 December 1995 Cortland Wholesale Electric - 201 Homer Avenue - TM #76.19-01-49.000 Chairman Plew recognized Bill Mahoney and Jim Reagan who appeared before the Board as representatives of Cortland Wholesale Electric (CWE). CWE was requesting a variance to allow them to construct a 1500± SF addition to an existing storage shed. The site is on the south side of the intersection of US Route 11 and Traction Drive, and lies within the flood plain. The proposed floor elevation of the new construction would be approximately four feet lower than that allowed. Since the new construction is an addition to an existing building, construction costs would be prohibitive. Chairperson Plew noted that the County Planning Board had recommended approval of the conditional permit subject to delivery vehicles being limited in size. He did not agree with this condition as the business could not order goods and specify the size of the vehicle to make delivery. However, Mr. Mahoney stated that there would be very little change in deliveries coming to the business and, at present, the trucks unload on Traction Drive and they utilize fork lifts to bring the materials to their building. The proposed addition would allow the trucks to get off the street. With no further comments or questions heard, the Public Hearing was closed. At this time, John Finn made a motion to grant the variance requested. The motion was seconded by Patricia Wright with all members present voting in favor. e This becomes Resolution #42 of 1995. Upstate Auto Store -NYS Route 281 - TM #86.13-01-22.000 Chairperson Plew recognized Mike Edwards who was representing Upstate Auto. Mr. Edwards was requesting a variance to allow the signs (already in place) to be greater in number and closer to the property line than allowed. He presented a map to the Board which showed the locations of the signs. Code Enforcement Officer Weber reported to the Board, in answer to their questions, that Mr. Edwards did not obtain a permit for the signs (although Mr. Weber so informed him at the time he obtained his building permit) and the signs were installed in violation of the Ordinance. Mr. Edwards stated that ` the signs were inserted into the ground about six feet, through pavement, and that he was sure that they were placed far enough back. Mr. Weber stated that the location of the three light poles was satisfactory, but once a sign is placed thereon, it becomes a sign and it is closer than the 15 -foot setback requirement. The other pole in question is an illuminated sign pole; the illumination is fine, however it is located too close to the property line. The Board proposed alternatives, such as turning the sign around or putting it on the other side of the pole, and Mr. Weber stated that it would still be non -conforming. Mr. Edwards stated that this was not possible, but he could move the banner from the light pole (these banners are presently down for the winter). Member Finn stated that the Board continues to have a problem with the proliferation of signage in that area. CEO Weber told the Board that he believed that Mr. Edwards measured the setback distance from the wrong point. Mr. Weber demonstrated on the map that there was a dark line on the map which represented the ROW line, and this point is where the 15 feet should have been measured from. There being no further questions or comments, the public hearing was closed. Mr. Finn again expressed his concerns that, without specificity, signs were being placed in the Town without conforming to the requirements and, once installed, variances were being requested for those not installed properly. Mr. Plew stated that he felt the variance request from Upstate Auto did not pose a big problem, but that the applicant was aware he should have obtained a permit prior to installation of his poles/signs. Had he obtained this permit, the CEO would have helped him make sure he was in conformance with the sign requirements. Mr. Plew further stated that he felt the Board may be setting a "precedent" by granting the variance. Mr. Bilodeau commented that the distance should be at least another 10 feet farther back. This was affirmed by Mr. Weber. Mr. Edwards (after reopening of the Public Hearing by Chairperson Plew) disagreed with this, saying that he believed he was within 2 to 3 feet of being within 15 feet of the ROW. After considerable discussion, wherein CEO Weber told Mr. Edwards he measured from the wrong point, the Board decided to table the matter to allow Mr. Weber, along with Mr. Edwards, to field check the distances to ascertain the correct measurements. The motion to table was made by John Finn and seconded by Tom Bilodeau, with all members present voting in favor. This becomes Resolution #43 of 1995. V, (T) Cortlandville Zoning Board of Appeals 5Y 27 December 1995 Hanover Sign Co. - NYS Route 281 (Adj. Quick Stop Beverage) - TM #95.16-01-18.000 Chairman Plew recognized David Yaman who appeared before the Board as a representative for the applicant, Hanover Sign Co., who would be installing the signs on a proposed REX store. Mr. Yaman had presented the Board with a sketch of what signage was proposed. He also explained to the Board that REX was a national chain that had standard features and they wished to keep the stores uniform in appearance. The applicant is requesting three illuminated building -mounted signs and a free- standing illuminated sign at the proposed business site. The free-standing illuminated sign is in conformance with current signage requirements, but only the two building -mounted, unlit signs are permitted, necessitating a variance for an additional sign and illumination of all three building - mounted signs. With no further comments or questions made, Chairperson Plew closed the Public Hearing. The Board then discussed the variance request and agreed that illuminated signage was needed to make the business visible. Mr. Weber stated that the Planning Board had yet to receive an application for Site Plan Review for the proposed business, as is required. The County Planning Board, in its analysis, stated that they felt the application for approval of the signs was premature as it would not be necessary to have the signs if the business use was not approved by the Planning Board. At this time, Tom Bilodeau made a motion to grant the variance, contingent upon Site Plan Approval by the Planning Board, to allow three building -mounted, illuminated signs on the front, and one two - pole, free-standing sign, as requested. The motion was seconded by Patricia Wright, with all members present voting in favor. This becomes Resolution #44 of 1995. Saxton Sign Corp. - 294 Tompkins Street (OTB/Rocci's) - TM #96.09-01-28.000 Chairman Plew recognized Peter Berardi of Rocci's, representing Saxton Sign Corp. who was requesting a variance to allow the illumination of a building -mounted sign at the site of the new OTB facility on the westerly side of Rocci's. Upon questioning by the Zoning Board of Appeals, Mr. Berardi stated that there would be a new pole sign replacing the existing Rocci's illuminated sign that would also clearly indicate the OTB facility location. The proposed new pole sign is, according to CEO Weber, an allowed sign that conforms to the signage requirements. The building -mounted sign would be the same OTB sign as now appears on the Preble OTB facility. Mr. Berardi also stated, in response to Mr. Plew s questioning, that there would be a separate main entrance to the OTB facility so that patrons would not have to enter through Rocci's. With no further comments or questions heard, the Public Hearing was closed. After a brief discussion during which it was the concensus of the Board that the large pole -mounted, illuminated sign along Tompkins Street in front of the Rocci's/OTB businesses would be sufficient to denote the OTB location, Tom Bilodeau made a motion to deny the variance requested. The motion was seconded by John Finn with all members present voting in favor. This becomes Resolution #45 of 1995. Advantage Auto Store - 4030 West Road (NYS Rte. 281) - TM #86.09-01-40 Chairman Plew recognized David Stoker representing the Advantage Auto Store which has set up business in the southerly portion of the former True Value store on Route 281. Advantage Auto is requesting a variance to allow for the two building -mounted signs to be illuminated. One sign is on the front of the building, with the second sign on the south end facing an old car wash. They will also utilize the existing illuminated pole sign along the front of the site which is a conforming sign as it was "grandfathered in." The Board members concurred, after some discussion, that the south end of the building was not visible to anyone traveling north on Route 281. However, the pole sign on the front would denote the business' location. Member Finn mentioned that he was concerned that in the future there may be another business in the other portion of the building that would like to have 3 (T) Cortlandville Zoning Board of Appeals Sq 27 December 1995 similar illuminated building -mounted signs -- one of which would be visible to a nearby residential area. Mr. Bilodeau stated that he saw no need to illuminate the sign on the south side of the building. ,r} With no further comments or questions heard, the Public Hearing was closed. At this time, Chairperson Plew made a motion to grant a variance to allow illumination of the front building -mounted sign only, with no illumination of the south side sign. The motion was seconded by Patricia Wright with all members present voting in favor. This becomes Resolution #46 of 1995. John Finn then made a motion to adjourn the meeting; seconded by Tom Bilodeau, with all members present voting in favor. The meeting was adjourned at 7:20 p.m. Respectfully submitted, Joan E. Fitch, Secretary Town of Cortlandville Zoning Board of Appeals 4