HomeMy WebLinkAbout2017INDEX OF ACTIONS - 2017
(T)CORTLANDVILLE ZONING BOARD OF APPEALS
�I MEETING ACTION PAGE
DATE I NO. I DESCRIPTION NO.
1/31/17 1 APD ENGINEERING & ARCHITECTURE, PLLC, APPLICANT/ALDI, INC.,
REPUTED OWNER - 908 NYS Route 13 - TM #95.1,6-02-45.000'- Variance
GRANTED for building-mounted signs to extend above the wall of the: building,
and for a greater number of building signs than allowed, and building signs to be
illuminated, as requested, with illumination to be turned off within one hour after
closing.
2 APPROVED MINUTES OF 25 OCTOBER 2016 ZBA MEETING, as submitted.
■
Joan. " itch, Board Secretary
Emailed copy to: Karen, TB, JF, JA, JBF, DD, BW; DC & KM on 2/1/17. JEF
INDEX OF ACTIONS - 2017 AUG 2 1 2017
(T)CORTLANDVILLE ZONING BOARD OF APPEALS
MEETING ACTION
DATE
PAGE
NO.
DESCRIPTION
NO.
2/21/17 3
879 ROUTE 13, LLC, APPLICANT/REPUTED OWNER (CHRIS CALABRO) - 877
NYS Route 13 - TM #95.16-02-73.000 (former McDonald's) - (T)Cortlandville ZBA
asks that the Town Board act as Lead Agency under SEQRA for the proposed
signage variance.
4
879 ROUTE 13, LLC, APPLICANT/REPUTED OWNER (CHRIS CALABRO) - 877 '
NYS Route 13 - TM #95.16-02-73.000 (former McDonald's) - Variance GRANTED,
as requested, conditioned upon a Negative Declaration under SEQRA by the
Town Board, with the lights to be turned off within one hour after closing.
5
APPROVED MINUTES OF 31 JANUARY 2017 ZBA MEETING, as submitted.
0
Joan. itch, Board Secretary
Emailed copy to: Karen, TB, JF, JA, JBF, DD, BW, DC & KM on 2/23/17. JEF
I
INDEX OF ACTIONS - 201.7
(T)CORTLANDVILLE ZONING BOARD OF APPEALS
MEETING I ACTION I PAGE
DATE NO. DESCRIPTION NO.
3/28/17 6 TARSON POOLS, APPLICANT/??? REPUTED OWNER - 945 McLean Road - TM
#95.12-01-09.000 .- Variance GRANTED for building -mounted signs to be
illuminated and for a greater number of signs than allowed, as requested, with
illumination to be turned off within one hour after closing.
D�
7 GREGORY LEACH, APPLICANT/LEACH PROPERTIES LLC, REPUTED
OWNER - 1834 NYS Route 13 - TM #77.00=13-11.00 = The (T) of Cortlandville
Zoning Board of Appeals UPHOLDS PZO Bruce Weber's determination that a Use
Variance is not required.
oto
8 APPROVED MINUTES OF 21 FEBRUARY 2017, as submitted.
l"A
Joan., itch, Board Secretary
Emailed copy to: Karen, TB, JF, JA, JBF, DD, BW, DC & KM on 3/30/17. JEF
INDEX OF ACTIONS - 2017
(T)CORTLANDVILLE ZONING BOARD OF APPEALS
(' MEETING DATE ACTIONO. N DESCRIPTION . I PNO.E I
4/25/17 9 STORAGE SQUAD, LLC, APPLICANT/CHURCH OF THE REDEEMER,
REPUTED OWNER - 1162 NYS Route 13 - TM #96.06-01-15.210 - The Town of
Cortlandville Zoning Board of Appeals requests the Town of Cortlandville
Planning Board act as Lead Agency under SEQRA for a proposed self-
storage/warehouse facility.
/3
10 LORNA MAE WALL, APPLICANT/REPUTED OWNER - 613 Lime Hollow Road -
TM #95.00-06-06.000 - Extension of time for Use Variance GRANTED until 25
April 2018 for proposed temporary storage building. �/
I `(
11 APPROVED MINUTES OF 3/28/17 ZBA MEETING, as submitted.
Joan. itch, Board Secretary
Emailed copy to: Karen, TB, JF, JA, JBF, DD, BW, DC & KM on 4/28/17. JEF
I -
INDEX biF ACTIONS -'2017
(T)CORTLANDVILLE ZONING BOARD OF.APPEALS
' MEETING ACTION PAGE
DATE NO. I _ . DESCRIPTION NO.
6/27/17 12: JOHN & JAMES DIESCHER, :APPLICANTS/???, REPUTED OWNER($) : 2445
Ames Road - TM #78.000-01-16.200 - Area. Variance GRANTED to allow. side
: yard setbacks less than allowed, as requested.'�
13 -CHRISTINE ELLIS (CHOPAY), APPLICANT/REPUTED OWNER???? - 1794 NYS
Route '13 - TM- #77.00-01-41.200 - Area Variance GRANTED to construct a shed
no less than 10 feet from the side, and rear boundary lines, as requested.
IT
14 APPROVED ZBA MEETING MINUTES OF 25 APRIL -2017, as submitted..
Joan . itch, Board Secretary
Emailed copy to: Karen, TB, JF, JA, JBF, DD, BW; DC & KM on 6/28/17... JEF
INDEX OF ACTIONS - 2017
(T)CORTLANDVILLE ZONING BOARD OF APPEALS JUL 2 7 2017
M- °IIEETING ACTION PAGE
( DATE NO. DESCRIPTION NO.
-7/25/17 15 CHAD WESTMILLER, APPLICANT/CHAD & STEPHANIE WESTMILLER,
REPUTED OWNERS - 1341 Starr Road - TM #96.11-01-08.000 - Area Variance
request POSTPONED until 29 August 2017 meeting to allow applicant/.rep to be
present.
(q
Joan itch, Board Secretary
Emailed copy to: Karen, TB, JF, JA, JBF, DD, BW, DC & KM on 7/26/17. JEF
Joanr/Fitch, Board Socrcetary
Emailed copy to: Karen, TB, JF, JA, JBF, DD, BW, DC & KM on 8/31/17. JEF
INDEX OF .LOTIONS - 2017S- n ..-
1 017
(T)C:ORTLANDVILLE ZONING BOARD OF . PPvALS
' i � i
.METING ACTION
i �
PAGE
DATE NO.
DESCRIPTION
NO. _
8/,x.9/17 16
E & V ENERGY, APPLICANT/REPUTE-D OWNER - 3951 US Route 11 - TM
-
#87.13-01-41.200 - The 'town of Cortlandville Zoning Board of Appeals
=
-
REQUESTS that the Town Board act as Lead Agency under SEQRA.
a3 -
17
MICHAEL CARROLL, APPUCANDMICHAEL & JUNE CARROLL, REPUTED
OWNERS - Tower Road - TM #106.00-06-05.120 - Use Variance GRANTED for
-
proposed storage building, as requested.
_ 18
MGM AUTO SALES, APPLICANT/MARTIN & TERRY MARBLE, REPUTED
.
OWNERS - 3998 & 4002 West Road (NYS Route 281) - TM #86.13-01-21.100 -
-
Area Variance GRANTED for greater number of signs closer to property line and
with greater height than allowed, with flags to be lowered by one foot and, if
=
replaced, must be no higher than eight (8) feet.
�i
NO ACTION
CHAD WESTMILLER, APPLICANT/CHAD & STEPHANIE WESTMILLER,
REQUIRED.
REPUTED OWNERS - 1341 Starr Road - TM #96.11-01-08.000 - Area Variance
request on 7/25/17 agenda WITHDRAWN by applicant.
as
19
APPROVED ZBA PUBLIC HEARINGS/MEETING MINUTES OF 27 JUNE & 25
;
JULY 2017, as submitted.
=
ti
Joanr/Fitch, Board Socrcetary
Emailed copy to: Karen, TB, JF, JA, JBF, DD, BW, DC & KM on 8/31/17. JEF
-MEETING ACTION
"DATE NO.
9/26/17 20
i
21
22
INDEX OF ACTIONS - 2011
(T)CORTLANDVILLE ZONING BOARD OF APPEALS
PAGE
._ DESCRIPTION.-_ . _ _ . __ _ _
CARRIE CONTENTO, APPLICANT/REPUTED OWNER - 300 Page Green Rd. -
TM #96.12-01-04.000 - The Cortlandville Zoning Board of Appeals OVERRULES
the interpretation of the Planning/Zoning Officer that a Use Variance is required,
and the ZBA considers the two mini goats as pets.
BEN LOCKE, APPLICANT/BEN & KELLEY LOCKE, REPUTED OWNERS - 981
NYS Route 222 - TM #86.13-01-44.000 - Area Variance GRANTED for an
accessory building with a rear yard less than allowed, as requested.
.
I
LICK THREE, LLC, APPLICANT/REPUTED OWNER - 3861 NYS Route 281 - TM
#86.17-01-11.100 - Variance GRANTED for signage as submitted, except
removing sign on south end of building, removing sign immediately to the right of it
on the front (Used Car King.com); free-standing sign is allowed to be 24 feet high;
the two-faced orange sign is allowed to extend 6 feet above the roofline of the
building; removing Used Car King.com sign on Luker Road side of building;
a
remaining signs are allowed to be illuminated as requested.
Joan. �ich:Board�Secretary
Emailed copy to: Karen, TB, JF, JA, JBF, DD, BW, DC & KM on 10/1/17. JEF
INDEX OF ACTIONS - 2017
(T)CORTLANDVILLE ZONING BOARD OF APPEALS
MEETING ACTION PAGE
DATE I I, I DESCRIPTION NO.
10/31/17 23 BOBBIE C. FOX, APPLICANT/REPUTED OWNER - 1608 Oakcrest Street - TM
#96.36-01-10.000 - Variance GRANTED to allow for a side yard less than allowed,
as requested.
33
24 SKY HOSPITALITY, LLC (dba Best Western Plus), APPLICANT/BHARATI DESAI,
REPUTED. OWNER - 3175 Finger Lakes E. Drive - TM #105.00-03-08.000 - Area
Variance GRANTED for (1) sign height of 17 feet and (2) for sign with rear edge to
be even with the parking area. 3q
25 STORAGE SQUAD, LLC, .APPLICANT/CHURCH OF THE REDEEMER,
REPUTED OWNER - 1162 NYS Route 13 - TM #96.06-01-15.210 - The Town of
Cortlandville Zoning Board of Appeals DENIES the requested Use Variance for a
self -storage facility in a B-2 District having reviewed the record and finding as
follows: (1) the applicant failed to provide competent financial evidence that, a
reasonable return cannot be realized, (2) the property is not unique, (3) the
proposed project would alter the character of the neighborhood, and (4) the
applicant failed to demonstrate that the hardship was not self-created.
36'
26 E & V ENERGY, APPLICANT/REPUTED OWNER - 3957 US Route 11 - TM #s
87.13-01-41.120 & 200 - The Town of Cortlandville Zoning Board of Appeals
DENIES the requested Use Variance for the bulk storage of fuel having reviewed
the record and finding as follows: (1) the applicant failed to provide competent
financial evidence that a reasonable return cannot be realized, (2) the property is
not unique; (3) the proposed project would alter the character of the neighborhood,
and (4) the applicant failed to demonstrate that the hardship was not self-created.
27 APPROVED MINUTES OF 8/29/17 AND 9/26/16 ZBA MEETINGS, as submitted.
31
• Joan itch, Board Secretary
Emailed copy to: Karen, TB, JF, JA, JBF, DD, BW, DC & KM on 10/5/17. JEF
INDEX OF ACTIONS - 2017
(T)CORTLANDVILLE ZONING BOARD OF APPEALS
MEETING I ACTION I PAGE
DATE NO. DESCRIPTION NO.
11/28/17 28 BEREAN BIBLE CHURCH, APPLICANT/REPUTED OWNER - 726 NYS Route 13
- TM #105.00-03-11.000 - Area Variance GRANTED to allow for a sign with
greater height than allowed, as requested. /n
Joan itch, Board Secretary
Emailed copy to: Karen, TB, JF, JA, JBF, DD, BW, DC & KM on 11/29/17. JEF
40
INDEX OF ACTIONS - 201.7
(T)CORTLANDVILLE ZONING BOARD OF APPEALS
ACTION
PAGE
I
=-fIEETING
DATE NO,
DESCRIPTION
I
NO.
12/26/17 29=
BRIAN BUTTNER . OF ADR ASSOCIATES, APPLICANT/ART BELL, JR.,
REPUTED OWNER --Blue Creek Road = TM #s'76.000-07-03.000.& 04.000, -
Area Variances for smaller lot than allowed and rear and side yard setbacks- less
than allowed POSTPONED until 30 January 2018 in order to obtain additional
information re County Sanitary Code. (Note: Public Hearing held and closed.)
30.
DELVECCHIO FAMILY, LLC, APPLICANT/REPUTED OWNER - 4030 West Road
- TM #86.09-01-40.0.00 - Area Variance GRANTED for sign as shown on Plan A,
with illumination of sign to be off within one hour of closing or by 10 p.m.,
whichever is earlier.
s0
31
APPROVED MINUTES OF 10/31/17 AND 11/28/17 ZBA MEETINGS, as
submitted.
;tel
FEB 1 3 2017
TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS
Public Hearing/Meeting Minutes - Tuesday, 31 January 2017 - 7 PM
Town Hall Court Room - 3577 Terrace Road - Cortland, NY
Board Members (*absent) Others Present
David Plew, Chairman Bruce Weber, Planning/Zoning Officer
John Finn Joan E. Fitch, Board Secretary
Thomas Bilodeau
Lenore LeFevre
Joanne Aloi
Applicants & Public Present
Christopher Kambar, PE, for APD Engineering, Applicant; Jim Norton, Pam Jenkins.
The Public Hearing was opened at 7 p.m. by Chairman David Plew, who read aloud the
Legal Notice as published in the Cortland Standard on 18 January 2017, as follows:
NOTICE IS HEREBY GIVEN that a public hearing before the Zoning Board of Appeals of
the Town of Cortlandville will be held Tuesday, January 31, 2017 at 7 p.m. at the
Raymond G. Thorpe Municipal Building, 3577 Terrace Road, in the Town of
Cortlandville, New York, to consider the following application pursuant to the 1986
Zoning Law:
1. In the matter of the application of APD Engineering & Architecture for property
located at 908 NYS Route 13, Tax Map No. 95.16-02-45.000, for a variance in
the terms and conditions of Article XVI77, Section 111F, 112 Table 1, for
building mounted signs to extend above the wall of the building, and for a
greater number of building signs than allowed and building signs to be
illuminated.
The above application is open to inspection at the office of Bruce A. Weber, Planning &
Zoning Officer, Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland,
New York, call (607) 756-7052 or (607) 423-7490. Persons wishing to appear at such
hearing may do so in person, by Attorney, or other representative. Communications in
writing in relation thereto may be filed with the Board or at such hearing.
David Plew, Chairperson
Zoning Board of Appeals
(Note: Proof of Publication has been placed on file for the record.)
PUBLIC HEARING
APD Engineering & Architecture. PLLC, Applicant/Aldi, Inc., Reputed Owner - 908 NYS
Route 13 - TM #95.16-02-45.000 - Signage
Chairman Plew recognized Chris Kambar, PE, of APD Engineering & Architecture, representing
the owner, Aldi, Inc., who was requesting variances for (1) building -mounted signs extending
above the building's wall, (2) a greater number of building signs than allowed, and (3) the
illumination of building signs.
Mr. Kambar explained that variances were no longer needed for green space as they now meet
this requirement in their revised drawings. The owner now plans to keep the existing pylon sign,
all as detailed in APD's letter of 6 January 2017 to the attention of PZO Bruce Weber, signed by
Todd Markevicz, PE, a copy of which has been placed on file for the record. Mr. Kambar
displayed renderings indicating the proposed signage.
PZO Weber commented that the Town Board had conducted the SEQR assessment which
resulted in a Negative Declaration.
Page 1 of 2
ff
FEB 13 2017 01!�
Minutes - Public Hearing - (T) Cortlandville Zoning Board of Appeals 31 January 2017
Chairman Plew asked if there was anyone present from the public who wished to speak
Cregarding the variances; there was no one.
With no one present to be heard,
Acting Chair Finn closed the Public Hearing at 7:05 p.m.
DISCUSSION/DECISION
Chairman Plew stated he was impressed with the owner of this property as they were very willing
to work with the Town in the completion of their new store. The other Board members agreed.
Member John Finn thought it- was important to have good visibility at this location, especially
from a safety standpoint.
With no further discussion, a motion was made by Member Finn to grant a variance for
building -mounted signs to extend above the wall of the building, for a greater number of
building signs than allowed, and for building -mounted signs to be illuminated, as
requested, with sign illumination to be turned off within one hour after closing. The
motion was seconded by Member Joanne Aloi, with the vote recorded as follows:
Ayes:. Chairman Plew Nays: None
Member Finn
Member Bilodeau
Member Lefevre
Member Aloi
Motion passed.
This becomes Action #1 of 2017.
APPROVAL OF MINUTES - 25 OCTOBER 2016
A motion was made by Member Tom Bilodeau to approve the Minutes of the 25 October
2016 Zoning Board of Appeals meeting, as submitted. The motion was . seconded by
Member Lenore LeFevre, with the vote recorded as follows:
Ayes: Chairman Plew Nays: None
Member Finn
Member Bilodeau
Member Lefevre Abstain: Member Aloi
Motion passed.
This becomes Action #2 of 2017.
ADJOURNMENT
At 7:08 p.m., on a motion by Member Aloi, seconded by Member Bilodeau, with everyone present
voting in the affirmative, the meeting was adjourned.
J E. Fitch, Board Secretary Emailed to KS, Bd. Members, JBF,
BW, DD, DC, KM on 2/13/17.
Page 2 of 2
ATTENDANCE SHEET
(T) CORTLANDVILLE iZ011TING BD. OF APPEALS MEETING OF - 57- 17
(Your attendance is recorded in the meeting Minutes.)
J
[PRINTED, Name:
Regarding:
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03
MAR - 1 2011
TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS
J Public Hearing/Meeting Minutes - Tuesday, 21 February 2017 - 7 PM
Town Hall Court Room - 3577 Terrace Road - Cortland, NY
Board Members (*absent) Others Present
David Plew, Chairman Bruce Weber, Planning/Zoning Officer
John Finn Joan E. Fitch, Board Secretary
Thomas Bilodeau John B. Folmer, Town Attorney
Lenore LeFevre
Joanne Aloi
Applicants & Public Present
Chris Calabro &v J. Lincoln Swedrock, PE, for 879 Route 13, LLC, Applicant; Richard Rogers,
Pam Jenkins.
The Public Hearing was opened at 6:58 p.m. by Chairman David Plew, who read aloud the
Legal Notice as published in the Cortland Standard on 8 February 2017, 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, February 21, 2017 at 7 p.m. at the
Raymond G. Thorpe Municipal Building, 3577 Terrace Road, in the Town of
Cortlandville, New York; to consider the following application pursuant to the 1986
Zoning Law:
1. In the matter of the application of 879 Route 13, LLC, for property located at
877 NYS Route 13, Tax Map No. 95.16-02-73.000, for a variance in the terms
and conditions of Article XVId Section 178-111 (B), 112, Table 1, and 113,
Table 2, for a free-standing sign closer to property line than allowed, for a
t greater number of building -mounted signs and building -mounted signs to be
illuminated.
The above application is open to inspection at the office of Bruce A. Weber, Planning &.
Zoning Officer, Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland,
New York, call (607) 756-7052 or (607) 423-7490. Persons wishing to appear at such
hearing may do so in person, by Attorney, or other representative. Communications in
writing in relation thereto may be filed with the Board or at such hearing.
David Plew, Chairperson
Zoning Board of Appeals
(Note: Proof of Publication has been placed on file for the record.)
PUBLIC HEARING
879 Route 13. LLC. Applicant/Reputed Owner - 877 NYS Route 13 - TM #95.16-02-73.000
- Sianage
Chairman Plew recognized Mr. Swedrock, PE, of BME Associates, representing the applicant who
was requesting variances for (1) a free-standing sign closer to the property line than allowed, (2)
a greater number of building -mounted signs than allowed, and (3) the illumination of building-
mounted signs on this former site of McDonald's (applicant's Parcel B), all as shown on the
photos accompanying the application.
Mr. Swedrock explained that the existing building will be demolished, and there will be two
tenants in a proposed new building. A new 8 -foot high monument sign was also shown to those
present; this sign would be closer to the property line than allowed. The three building -mounted
signs depicted are to be illuminated.
Page 1 of 2
MAA - 1 .2017
Minutes - Public Hearing - (T) Cortlandville Zoning Board of Appeals 21 February 2017
With no one from the public present to be. heard,
Chairman Plew closed the Public Hearing at 7:10 p.m.
DISCUSSION/DECISION
With no further discussion, a motion was made by Member John Finn to request the Town
Board'act as Lead Agency under SEQRA for the -proposed signage variance. The motion was
seconded by Member Joanne Aldi, with the vote recorded as follows:'
Ayes: Chairman Plew Nays: None
Member Finn
Member Bilodeau
Member Lefevre
Member Aloi
Motion passed.
This becomes Action #3 of'2017.
A motion was then made by Member Finn to grant the variance, as requested, conditioned
upon a Negative Declaration under SEQRA by the Town Board, with the lights to be turned
off within one- hour after -closing. The' motion was seconded by Member'Tom Bilodeau, with
the vote recorded as follows:
Ayes: ChairmanPlew Nays: None
Member Finn
Member Bilodeau
Member Lefevre
Member Aloi
Motion passed.
This becomes Action #4 of 2017.
APPROVAL OF MINUTES — 31 JANUARY 2017
A motion was, made by Member-Aloi to approve the Minutes of the 31 January 2017 Zoning
Board of Appeals meeting, as submitted. The motion was seconded by Member -Bilodeau,
with the vote recorded as follows: -
Ayes: Chairman,Plew Nays: None "
Member Finn
"Member Bilodeau
Member Lefevre.
Member Aloi
Motion passed.
This -becomes Action #5 of 2017.
ADJOURNMENT
At 7:08 p.m.,: on a motion .by' Member. Bilodeau, seconded -by Member Finn, with everyone
present voting.in the affirmative, the•meeting was adjourned.
J E. Fitch', Board ,Secretary Emailed to KS, Bd. Members, JBF,
BW, DD, DC, KM on2/28/17.
l r'
Page 2 of 2
Uq
�-ORTrANDVILk�
ATTENDANCE SHEET
ZONING BD. OF APPEALS �LAKTX M XG-O
-
(Your attendance is recorded in the meeting Minutes.)
J
<,,PRINTE11> Name:
re's
64-I",60
ZONING
Regarding:
Complete Address:
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C! E"'K"S OFFICE
APPEALS Meeting
6qa-
APR 2 2, 2017
TOWN OF CORTLANDVILLE'ZONING. BOARD OF APPEALS.
(� Public Hearings/Meeting Minutes - Tuesday, 28 March 2017 - 6c30 PM
Town Hall Court- Room - 3577 Terrace Road - Cortland, NY
Board Members (*absent)
*David P1ew, Chairman
John Finn, Acting Chairman
Thomas Bilodeau
Lenore LeFevre
*Joanne Aloi
Others Present
Bruce Weber, Planning/Zoning Officer
Joan E. Fitch, Board -Secretary
John B: Folmer, Town Attorney
Applicants & Public Present
Steve Terwilliger & Robert Tarson for Tarson Pools, Applicant; Pam Jenkins, Appellant; Bob
Martin, . Barb & Pat Leach, Andra , Niggli, Diane ' Chu, Victor Siegle; Sharon Stevan_ s, Ch. 2
Volunteer; Town Councilman John Proud. '
The Public Hearing was opened at 6:30 p.m. by Acting Chairman John Finn, who read aloud
the Legal Notice as published in the Cortland Standard on, 17 March 2017, 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, March '28, 20.17 at 6:30 p.m. at the
Raymond G. Thorpe Municipal Building,. 3577 Terrace Road, in, the Town of
Cortlandville, New York, to consider the following applications pursuant to the 1986
Zoning Law:
1. In, the matter of the application of Tarson Pools, for property located at 945
McLean Road, "Tax Map No. 95.12-01=09.000; fora variance in the terms and
conditions of Article XVIII Section 178-112, Table 1, for building -mounted
signs to be illuminated and for a greater. number of signs than allowed.
�01
2. In the matter Pam- Jenkins, in the terms and conditions of Article .XXI, Section
178-132, (A), to appeal the determination, of the Zoning Officer.
The above application is open to inspection at the office of Bruce A. Weber, Planning &
Zoning Officer, Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland,
New -York, call (607) 756-7052 or (607) 423-7490. Persons wishing to appear at such
hearing may do so 'in person, by Attorney, or other representative. Communications in
writing in relation :thereto may be filed with the Board or at such hearing.
David Plew, Chairperson
Zoning Board of Appeals
(Note: Proof.of Publication. has been placed -on file for the record.)
PUBLIC HEARING
Tarson Pools. Auolicant/Kimberly Kane & Sean Secord. Rei_ uted Owners - '945 McLean
Road - TM #95.12-01-09.000 - Sianaae .
Acting Chairman Finn'. recognized. Robert Tarson and Steve Terwilliger, representing the
applicant who was requesting variances for (1) the illumination of building -mounted signs and
(2) a -greater _number of building -mounted signs than. allowed all as -shown on the photos
accompanying the application. Tarson Pools will be relocating to a portion of this,property for
their retail sales.,
.I
PZO Bruce Weber stated that square footage of the proposed signs is: satisfactory.
With no one from the public present to be heard,
Page 1 of 8.
APA 2 2 2017 0�
Minutes -'Public Hearings - (T) Cortlandville Zoning Board of Appeals, 28 March 2017
Acting Chairman Finn closed the Public Hearing at 6:35 P.M.
DISCUSSION/DECISION
Member Lenore LeFevre commented that this was a commercial area and was agreeable with
granting of,the variance with the usual stipulations regarding illumination:
With no further discussion, a motion was made by Member LeFevre to grant the variance for
the building-mounted signs to be illuminated and, for a .greater number of signs than
.'allowed, as requested, with sign illuminationto be turned off within one hour after closing.
The motion was seconded by Member Tom Bilodeau, with the vote recorded as follows:.'
Ayes: _ Acting Chairman Finn Nays: None
Member Bilodeau "
Member LeFevre Absent:. Chairman Plew
Member Aloi
Motion passed:
This becomes Action #6 of 2017.
Greeory Leach. Applicant /Leach Proverties LLC. Renuted Owner— 1834 NYS Route 13 - TM
#77.00-13-11.000 - Appeal Determination of Zonina Officer by Pam Jenkins
Acting Chairman Finn recognized Pam Jenkins who submitted the following (a copy of which has
been placed. on isle for the, record), and started reading it aloud to those present. .There .were
many additional comments made to .the typewritten remarks, so following her submittal is the
actual transcript- of what Ms. Jenkins said.
- �Board�memtiers;; - .
- ` Tii'is:is an a ` eal for: `ou'to'anut'r're'voke or reverse;the.determiryations`made b _,Nlr 1Neber':Wto, .
in.prmed;me_in writin on�March_6` 2017tha_t 0.2rude-those:determinations'at'a'date'un know -to
b:. _ _ ...
E - y . RIANCE -'butahatleacFi onh` needed'to'a ora-
d
kiimself, that leach d i no't°need:-to,apply:fo"�-a;`US ,VA y._ pp.y,
Conditional Pe'rmitao bui(tl a buildin `-ori`tiie 3:11 acres w_ here,theiise; t�as_h bu''_
g ( siness):is prot6ite
MC'1Neber<infOf necl;pie-that hi5`,determihi titin Was.not:.baSg" jy :On'.codes;or'tlocUML-fi s-:}'Me could: .
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p[oduce:no`codes or:documents to support hisidetermrnation'tfat;Leachdidnot';need to apply fob ause: „
Iri,lanua:ry of 2003'Leach applied for and received a use variance to build,the trash transfer statiori_on,
the.311 acres, a prohibited use In B2 zoning dFstnct, Area 1 of the Aquifer PrbtediOfl,.i) strI
i
Iri:March:of 2008`Ceach`a. received'a us'e variance to:aric-onagatrattnestt onfromreasee srar;
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5000 to 7499aons ontFie..311:acres a l rohbteduse. ri' 6 oni s ri Ara o
P�otectiot:';Dst71
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,,. . t„2000:gaY on In5:ied,far;and received`ause-va'rancefor afue �gfc land _ u
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storage tank:.:a prohibited use in 62 zomng,distnct, in Area 1 of th6`,A quier Protection Distract,'
(Continued on following page)
k
Page 2 of 8
APR 2 2 2017 D-1
Minutes - Public Hearings - (T) Cortlandville Zoning Board of Appeals 28 March 2017
Regarding the Leach application to build a:48x 27 foot building on the trash transferstation property; a
.ptohiblted, use in B2 zoning district,�iri °Area 1 of the Aquifer Protection. District: The February 10. 201
recommendations from'Dan'Dineen; Cortland County Directorof,Planning, to the.Cortland County
Planning Board.state that ,,"it ,shouldbiiTl ted'that the,oH inal-development of. this, property as,a
transfer station,required a usewariance`as.a transfer station 'is,riot a;permitted use in the B2 district. -It.:
appears that -a use Variance would also be required as the proposal is an expansion of a;use that
required a use variance. Itis therefore -recommended that before any positive consideration is given to
this proposal, that the Town considerwhether a use variance,is required for expansion of a use which
required a use'variance when originally developed on,the-site,." ,
The zoning of lc'er:failed.to require the applicant to -apply fora. use variance. Trash, transfer station
building is not an,app'roved use 16 ,132 fora conditional permit: Mr Weber informed me -that his
determination, Was'no- t based :upon codes or documents He could produce no'codes or documents to
'support his determination-th--t Leach did not need to apply for ause-variance.
Thank"you,
Pam Jenkins, 4023 Collegeview Drive, Cortland, NYI 045 Filed .3
TOWN OF CORTLANDVILLE
'CORTLAND COUNTY
3577 TERRACE ROAD
` RT D, N.Y,.
N CLERK
Ms. Jenkins' verbatim comments were as follows:
"Thank you, Board Members. This is an appeal for you to annul or reverse determinations
made by Mr. Weber, specifically that Mr. Leach did not need to apply for a Use Variance or
an Aquifer Protection District Special Permit, but that Mr. Leach only needed to apply for a
Conditional Permit to build a building on the 3.11 acres where his uses, trash
business/junkyard, is prohibited in the area zoned B2 and Area 1 of the Aquifer Protection
District.
"Mr. Weber informed me that his determinations were not based upon codes or documents.
He could produce no codes or documents to support his determination. I requested all of
those dates in writing. According to page 2 of the Feiszli Stormwater Pollution Prevention
Plan of July 2016, Mr. Leach now plans to expand his trash business to over 14.23 acres in
the same area. This 3.11 acres where the building is proposed is part of that 14.23 -acre
trash business expansion project as documented in the Feiszli Stormwater Pollution
Prevention Plan. And then according to Feiszli in the same plan, there are no new buildings
planned, so you can see the problem here.
"In January of 2003, Mr. Leach applied for a received a use variance and an Aquifer
Protection District Special Permit to build a trash station on the 3.11 acres, a prohibited
use in B2 Zoning District and Area 1 of the Aquifer Protection District. Mr. Leach received
that variance only for what he built in 2003, not for whatever he proposes to build in 2017
or in the future.
"In March of 2008, Leach received, an Aquifer Protection District Special Permit to increase
tonnage at the transfer station by 50%. The Cortland County Planning Board
recommended that a use variance would be required to expand the prohibited use in B1,
Area 1 of the aquifer. Cortlandville did not require that of Leach.
Page 3 of 8
APR 2 2 - 2017
Minutes - Public Hearings - (T) Cortlandville Zoning Board of Appeals 28 March 2017
"In July of 2015, Leach applied for and received an Aquifer Protection District Special
Permit for a fueling facility and a 2,000 -gallon fuel storage tank, both a prohibited use in
B2 Zoning, Area 1 of the aquifer. Again, the Cortland County Planning Board
recommended that the applicant would need to acquire a use variance to expand his
prohibited use. But, again, Cortlandville did not require that of Mr. Leach.
"In the fall of 2015, Mr. Leach received numerous variances and permits from Cortlandville
to build on the land he purchased from Suit-Kote. In May of 2016, all of Mr. Leach's
permits and variances were ruled ... in violation of New York State and town laws, so were
all annulled by Judge Cerio.
"The Aquifer Protection Plan of 2002 and the Draft Land Use Plan of 2013 recommend
against the very activities which have been undertaken by Leach at Route 13 and Lorings
Crossing in the area which is prone to flood. Both plans caution strongly against
destruction of wetlands, against removal of forested and shrub buffers, against development
in flood plains, and against the expansion of non -conforming uses because of the risk of
pollution to the aquifer and the ill affect those activities have on surrounding residential
properties.
"So now, regarding the Leach application to build a 48 by 27 -foot building at the trash
station, at the north end of the road, on the raised road that he built on the former Suit-
Kote property, Dan Dineen, in his February 10th, 2017 report to the Cortland County
Planning Board, wrote `It appears that a use variance would also be required as the proposal
is an expansion of a use that required a use variance.' And Dan Dineen knows a little about
zoning and planning. He's the Director of Planning for Cortland County. Dan Dineen made
further recommendations about the increased impervious surface that would be created by
the proposed building and some stormwater plan recommendations, again in his February
10, 2017 report to the Cortland County Planning Board. Part of proposed Leach building
would cover part of the grass area which is part of the stormwater prevention plan, and I
will show you that graphic.
"The Zoning Officer failed to require the applicant to apply for a use variance or an Aquifer
Protection District Special Permit. Mr. Leach—I'm sorry—Mr. Weber determined that Leach
only needed to apply . for a Conditional Permit. Mr. Weber provided no documentation to
show that Mr. Leach had met the requirements for a Conditional Permit under Section 178-
75 a and b of Cortlandville Zoning Laws. 'The building Leach proposes to build would
supposedly be used for storage for his trash/junkyard business. The proposed building is
an accessory to the trash/junkyard business which is prohibited, and it is therefore
improper to look at the accessory use in isolation; those are words directly from my lawyer.
Such a building does not qualify to apply for a Conditional Permit in B2 zoning, Area 1 of
the Aquifer Protection District. Again, remember that Mr. Weber informed me that his
determination was not based upon code or documents and he could produce no codes or
documents to support how he made his determination that Mr. Leach did not need to apply
for a use variance, and Mr. Leach did not need to apply for an Aquifer Protection District
Special Permit in order to expand his uses where they were prohibited.
"Since 2003, Cortlandville has filed to require use variances for development of the Leach
property where his uses are prohibited. There is no reason why that should be allowed to
continue. So, again, I ask you to reverse the determination of the Zoning Enforcement
Officer, those being that Leach did not need to apply for a use variance and that Leach did
not need to apply for an Aquifer Protection District Special Permit, and the reverse the
determination that Leach only needed to apply for a Conditional Permit which he didn't
qualify for.
"This is being submitted with 26 pages of color attachments. I'm just going to flip through
them. There's the B2 area surrounded by residential and agriculture. There's Area 1 of the
aquifer with the logged area and the road that he built on the Suit-Kote property. These are
the Federal and State wetlands. This is from GIF, the flood zone. This is the Feiszli
Storm -water Pollution Plan, pages 1 and 2. Page 1 states that ' no new buildings are
planned; page 2 states that the 3.11 acres where the building is planned is part of the
Page 4 of 8
m
APR 2 2 2017
Minutes - Public Hearings - (T) Cortlandville Zoning Board of Appeals 28 March 2017
14.23 -acre trash business expansion project. Okay, this was submitted by Feiszli to the
DEC on July 14, 2016, and accepted by the DEC in October. This is a 2002 Aquifer
Protection Plan—I mean it's just excerpts from it—the area where Leach is doing his
` activities. This is the Land Use Plan, again about the area where Leach is doing his
activities. This is an aerial of the Leach addition at the north end of the road that he built
on the, um, I'm sorry, that proposed building is right there at the north end of the road that
he built on the Suit-Kote property; this is the area that he removed the trees and vegetation
and filled with gravel which causes flooding concerns. This is, um, these are the excerpts
from the Cortland County Planning -Director's report to the Board. This is the site plan for
where Leach wants to, put his building, and this is the part of the grassy area of the
Stormwater Pollution Prevention Plan that would actually be covered by the proposed
building. And this is stuff from zoning. I'm sure you could get all that stuff on your own,
but I put it all in one place.
"So, shall I sit? Does anyone have any questions?"
Acting Chair Finn asked the Board of they had any questions; there were none.
Planning/Zoning Officer Weber responded that he had a couple of things, as follows:
"My determination was made based on my experience, the Code of the Town of
Cortlandville. Ms. Jenkins had asked for notes and when, specifically, I had made a
determination. I gave her, the best of my knowledge, approximately when that was made
based on a phone call with Mr. Leach. This is only for the 3.11 acres; this has nothing to
do with the remaining lands that Leach has purchased. The proposed use of the building is
for storage of equipment—my understanding is a truck. That use is a permitted use within
the B2 Zoning District. After consultation with the Town Attorney, Mr. Folmer, and my
past experience with, um, where a use variance has been granted for a use, once that use
variance is granted, that use is no longer considered a non -conforming use and any
expansion of that is subject to whatever the Town's regulations are. And in this case, it was
a Conditional Permit. The Aquifer Permit did not come into play because it did not violate
any of the sections of the Aquifer Protection District Regulations, did not exceed an
estimated cost of over $150,000, so therefore no Aquifer Permit was required for a building
that is going to be used for the storage of a vehicle. And again, I relied on my past
experience and consultation with the Town Attorney.
Acting Chair Finn asked if there was anyone else who wished to speak; there was no one at this
time. He then acknowledged receipt of a 27 March 2017 letter to this Board from the law firm of
Hinman, Howard & Kattell, signed by Richard C. Lewis, Esq., pertaining to this appeal. Acting
Chair Finn read aloud that letter to those present; a copy of this letter follows on the next page of
these Minutes.
Page 5 of 8
a
APR 2 2 2017
Minutes - Public Hearings - (T) Cortlandville Zoning Board of Appeals 28 March 2017
HH&K
Hinman, Howard & Kattellua 80 Exchange Street I P.O. Box 5250 1 Binghamton NY 13902-5250 1 www.hhk.con
ATTORNEYS
March 27, 2017
Town of Cortlandville ZBA
3577 Terrace Road
Cortland, NY 13045
ATTN: Chairman John Finn
Re: Leach Properties, LLC
Dear Mr. Finn:
RICHARD C. LEWI;
Special Counse
rlewis@hhk.con
P:(607)231-689
F:(607)723-660
ALSO ADMITTED IN FL AND P.
Please be advised that we have been contacted by Greg Leach in connection with the
matter involving the property owned by his company and pertaining to the building permit that
he received and the appeal filed by Pamela Jenkins.
We have had an opportunity to review the complaints set forth in the appeal, and we find
them to be without merit.
Ms. Jenkins indicates that the Ordinance Officer, Bruce Webber erred in not forcing Mr.
Leach to provide information with regard to a use variance. Be advised that this is not a use
variance. Leach intends to use this property for the same purposes that he is permitted to use it
for by a pre-existing variance. He is not changing the use, nor is he expanding in any way.
The sole purpose of this project is to add one bay to house equipment that is in existence,
or which may be replaced in the future to carry on the permitted business that presently exists.
There is no change of use, there is no expansion or intensification, nor any new use of the
property. Based upon that, Mr. Leach's position is clearly that Ms. Jenkins is making allegations
without foundation, and we believe that the building permit was issued appropriately, and in
accordance with a proper review of the intended use, thus allowing a permitted accessory to an
existing building.
Thank you for your consideration.
RCL/jd
cc: John Folmer, Esq.
Bruce Weber
J
Very truly yours,
HINMAN, HOWARD & KAATTELL, LLP
By ,k
d
Richard C. Lewis, Esq.
Page 6 of 8
/d
APR 2 2 2017
Minutes - Public Hearings - (T) Cortlandville Zoning Board of Appeals 28 March 2017
Acting Chair Finn then recognized Town Attorney John Folmer who addressed the Board, as
follows:
"I want to confirm what Mr. Weber says that he and I did confer about this matter and, for
the purposes of the record, this appeal was generated by a document submitted by Ms.
Jenkins addressed to Board Members,' and it was originally .given to the Supervisor's office
to be handled at the Town Board level. When it came to our attention that it required a
determination with regard to Mr. Weber's conclusion, it was obviously transferred to this
Board because the Town Board has no authority, legally or otherwise, to override and annul
or review Mr. Weber's decision.
"With regard to the decision itself. First of all, I would point out to you that the variances
which were granted in 2003 and so on are clearly beyond the scope of your review at this
point. The time to question the .effectiveness of those variances has long time passed, and
so we're dealing with the question of the single variance or the single request that Mr.
Weber ruled on when he dealt with Mr. Leach's application to make this, to construct this
building.
"There is no question but what the Leach property, which is located on the 3 -acre parcel or
3 point whatever it is -acre parcel is what we're talking about. We're not talking about the
larger parcel because the variances for that have been annulled by Judge Cerio; the matter
is on appeal and at the present moment their status is they are dead and defunct. They are
not applicable, they do not exist, and it is not to be considered as part of this application.
We're talking about the 3 point something acres only. That parcel was granted a use
variance many, many years ago and, as a matter of fact, it was granted more than one use
variance over the course of years. Whether or not those use variances were granted with or
without conditions is really immaterial at this point; the variances were, in fact, granted.
The effect of the granting of a variance, in my view, is that what was once a non -conforming
use by reason of the variance is now a conforming use by means of the variance. That's not
just my opinion. It is drawn, first of all, from the review of what I consider, and I think
most people would consider, to be the seminal treatise on zoning, and that would be Robert
Anderson's Zoning Law treatise in which he indicates just that—that a use variance is a
continuing permitted use in what was originally a non -conforming district. That document,
that treatise which I have here, has been superseded by the Selken Law and Zoning
Practice and refers to Mr. Anderson's, Professor Anderson's contracts when I was in law
school. Professor Anderson's treatise on zoning in which they say a variance is the
authorization to use land in a manner by statute or ordinance and so on, a use established or
maintained pursuant to a variance is not a non -conforming use and is not subject to
restrictions imposed upon such uses by zoning ordinances. Therefore, a use commence
person to a variance may be enlarged urithout seeking an additional variance. They cite the
authority of James vs. the Town of New Hartford which can be found in 49 AD 2nd, p. 247,
cited in 1975 by the Appellate Division for the Third Department which is the department in
which we are located.
"In my opinion, based on these authorities, Mr. Weber's conclusion was correct."
Acting Chair Finn asked if there were any other comments; there were none.
With everyone having been heard who wished to be heard,
Acting Chair John Finn closed the Public Hearing at 6:55 p.m.
DISCUSSION/DECISION
Member LeFevre asked a question of PZO Weber regarding a permitted use, and PZO Weber
responded that what Mr. Leach was proposing to do was actually a use permitted in that
District, subject to a Conditional Permit, and he applied for and was granted approval for that
Permit.
Member Tom Bilodeau stated he had no other questions. A brief Board discussion followed.
Page 7 of 8
APR 2 2 2017 161'
Minutes - Public Hearings - (T) Cortlandville Zoning Board of Appeals 28 March 2017
At the conclusion of the discussion, a motion was made by Member LeFevre that the Town of
Cortlandville Zoning Board of Appeals upholds Planning & Zoning Officer Bruce Weber's
determination that a Use Variance is not required. The motion was seconded by Member
Bilodeau, with the vote recorded as follows:
Ayes: Acting Chairman Finn Nays: None
Member Bilodeau
Member LeFevre Absent: Chairman Plew
Member Aloi
Motion passed.
This becomes Action #7 of 2017.
APPROVAL - OF MINUTES — 21 FEBRUARY 2017
A motion was made by Member Bilodeau to approve the Minutes of the 21 January 2017
Zoning Board of Appeals meeting, as submitted. The motion was seconded by Member
LeFevre, with the vote recorded as follows:
Ayes: Acting Chairman Finn Nays: None
Member Bilodeau
Member LeFevre Absent: Chairman Plew
Member Aloi
Motion passed.
This becomes Action. #8 of 2017.
ADJOURNMENT
At 7 p.m., on a motion by Member Bilodeau, seconded by Member LeFevre, with everyone
present voting in the affirmative, the meeting was adjourned.
J E. Fitch, Board Secretary Emailed to KS, Bd. Members, JBF,
BW, DD, DC, KM on 4/22/17.
Page 8 of 8
(�T� �CORTLAND------
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JUN 2 3 2017
TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS
Public Hearings/Meeting Minutes - Tuesday, 25 April 2017 - 6:30 PM
Town Hall Court Room - 3577 Terrace Road - Cortland, NY
Board Members (*absent) Others Present
David Plew, Chairman Bruce Weber, Planning/Zoning Officer
John Finn, Acting Chairman Joan E. Fitch, Board Secretary
Thomas Bilodeau John B. Folmer, Town Attorney
Lenore LeFevre
*Joanne Aloi
Applicants & Public Present
Nick & Jim Huber for Storage Squad, LLC, Applicant; Lorna M. Wall, Applicant; Bob Beard, John
Woodward, Nancy Richards, Martha Bush, Jeri Ann McCracken, Gwen Haynes, Carol Allen, Gail
VanPatten, Judy Helmer, Mike Reagan, R. Anne Nicklaus, Marlene Rodee, Al Paalke, Andrew
Porter, Carol Wayman, Steve Cinquanti, Gregg McConnell, Dave Law, Dan Haynes, Bev Berry,
Allison Veinnmilla.
The Public Hearing was opened at 6:30 p.m. by Chairman David Plew, who read aloud the
Legal Notice as published in the Cortland Standard on 12 April 2017, 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, April 25, 2017 at 6:30 p.m. at the
Raymond G. Thorpe Municipal Building, 3577 Terrace Road, in the Town of
Cortlandville, New York, to consider the following applications pursuant to the 1986
Zoning Law:
1. In the matter of the application of Storage Squad, LLC, for property located at
1162 NYS Route 13, Tax Map No. 96.06-01-15.210, for a variance in the terms
and conditions of Article VIII Section 178-35, Table 1, to allow for a self-
storage/warehouse facility.
2. In the matter of the application of Lorna M. Wall, 613 Lime Hollow Road, Tax
Map No. 95.00-06-06.000 to request an extension of time to bring the property
into compliance.
The above applications are open to inspection at the office of Bruce A. Weber, Planning
& Zoning Officer, Raymond G. Thorpe Municipal Building, 3577 Terrace Road,
Cortland, New York, call (607) 756-7052 or (607) 423-7490. Persons wishing to appear
at such hearing may do so in person, by Attorney, or other representative.
Communications in writing in relation thereto may be filed with the Board or at such
hearing.
David Plew, Chairperson
Zoning Board of Appeals
(Note: Proof of Publication has been placed on file for the record.)
I PUBLIC HEARING # 1
Storage Squad, LLC. Applicant /Church of the Redeemer, Reputed Owner - 1162 NYS Route
13 (Tompkins Streetl - TM #96.06-01-15.210 - Proposed Self-Storage/Warehouse Facilitv
Chairman David Plew asked Town Planning & Zoning Officer Bruce Weber to comment on this
proposed facility. PZO Weber said that the Town Board would be asked to act as Lead Agency
for the SEQRA Review, and that the applicant needed to have other permits. He also stated that
there would be plenty of time for the public to express their concerns during the lengthy process
required for such a facility in this location.
Page 1 of 3
JUN 2 3 2017
Minutes - Public Hearings - (T) Cortlandville Zoning Board of Appeals 25 April 2017
The Chairman then recognized Nick Huber, representing the applicant who was seeking a Use
Variance as what is being proposed is not an allowed use in the B-2 District. Mr. Huber handed
out a photo of the proposed building and information on their financial Hardship. He then went
on to describe additional details of the proposed facility: construct seven buildings from 2,000 SF
up to 12,000 SF for the purpose of a mini storage facility, white exterior w/blue roofing, fits in
nice with the neighborhood he said.
Mr. Huber then reviewed the hardship page contained in the bound booklet accompanying the
applications. The hours of operation of this facility have not yet been determined. Facility will
be fenced in and tastefully landscaped all along the property line. Trees were discussed.
After additional review of the materials submitted, Chairman Plew asked if there was anyone
from the public who wished to speak regarding this Use Variance; there were, as follows:
John Woodward - 1142A Village Park - How can ZBA grant a variance if it's a self-
created hardship? Nick Huber answered that it was the size of the property that was
hard to sell to other businesses; proposed business would go better in the
neighborhood.
Mike Reagan - 1181 Starr Road - Asked to see map of project. Mr. Huber commented
the only entrance to the facility would be from NYS Route 13.
Allison Veinnmilla - 12 Abdallah Avenue - Any other inquiries about the property? Is
it really necessary of a need for this? Applicant and Andrew Porter responded that
property has been listed for sale since 2011; proposed facility will be climate controlled
and there's only one other on Luker Road.
John Woodward - 1142A VillaL-e Park - What kind of storage are you talking about?
Nick Huber responded there are mostly small units, no large trucks would visit the
site; maybe 25 vehicles per day, servicing residential clients. Mr. Woodward also asked
about application coming before the Planning Board, and PZO Weber explained the
timeline.
Nancv Richards - 4630 Carrowav Hill - Homer. NY - Has units; no demand for climate
controlled units.
Allison Veinnmilla - 12 Abdallah Avenue - Would Town Board have a say as to hours?
PZO Weber responded they would, as would the ZBA and Planning Board.
With everyone being heard who wished to be heard,
Chairman Plew closed the Public Hearing at 6:50 p.m.
With no further discussion, a motion was made by Member John Finn that the Town of
Cortlandville Zoning Board of Appeals requests that the Town of Cortlandville Planning
Board act as Lead Agency under SEQRA for a proposed self-storage/warehouse facility. The
motion was seconded by Member Lenore LeFevre, with the vote recorded as follows:
Ayes: Chairman Plew Nays: None
Member Finn
Member Bilodeau
Member LeFevre Absent: Member Aloi
Motion passed.
This becomes Action #9 of 2017.
I PUBLIC HEARING #2 1
Lorna Mae Wall, Applicant/Reputed Owner - 613 Lime Hollow Road - TM #95.00-06-06.000
- Extension of Time - Use Variance for Storage Shed
Page 2 of 3
It
JUN 2 3 2017
Minutes - Public Hearings - (T) Cortlandville Zoning Board of Appeals 25 April 2017
(Note: At this Board's meeting on 27 September 2016, the applicant was granted a use variance
to place a temporary storage building on this parcel, which is adjacent to her home, until 1 April
2017 by which time she would obtain a Building Permit to construct her new home here.)
Chairman Plew recognized the applicant (and her daughter, Jeri Ann McCracken) who was
seeking an extension of time to allow the subject storage building to remain on her property.
Mrs. Wall stated that she was still not financially able to construct a new home on the lot, but
had someone interested in purchasing her present home. Chairman Plew asked the applicant
what she would like, and Mrs. Wall's daughter responded that she would like at least one year.
Member Tom Bilodeau stated he saw no problem with the request, as did Members LeFevre and
Finn.
Chairman Plew asked if there was anyone present from the public who wished to comment on
the request; there was no one.
With everyone being heard who wished to be heard,
Chairman Plew closed the Public Hearing at 6:57 p.m.
With no further discussion, a motion was made by Member Bilodeau to grant an extension of
time for the use variance until 25 April 2018 for the temporary storage building. The
motion was seconded by Member LeFevre, with the vote recorded as follows:
Ayes: Chairman Plew Nays: None
Member Finn
Member Bilodeau
Member LeFevre Absent: Member Aloi
Motion passed.
This becomes Action #10 of 2017.
APPROVAL OF MINUTES — 28 MARCH 2017
A motion was made by Member Finn to approve the Minutes of the 28 March 2017 Zoning
Board of Appeals meeting, as submitted. The motion was seconded by Member Bilodeau,
with the vote recorded as follows:
Ayes: Chairman Plew Nays: None
Member Finn
Member Bilodeau
Member LeFevre Absent: Member Aloi
Motion passed.
This becomes Action # 11 of 2017.
ADJOURNMENT
At 7 p.m., on a motion by Member Finn, seconded by Member Bilodeau, with everyone present
voting in the affirmative, the meeting was adjourned.
J E. Fitch, Board Secretary
Page 3 of 3
Emailed to KS, Bd. Members, JBF,
BW, DD, DC, KM on 6/22/17. Rev. 6/23/17.
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TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS
Public Hearings/Meeting Minutes - Tuesday, 27 June 2017 - 6:45 PM
Town Hall Court Room - 3577 Terrace Road - Cortland, NY
Board Members (*absent) Others Present
David Plew, Chairman Bruce Weber, Planning/Zoning Officer
John Finn, Acting Chairman Joan E. Fitch, Board Secretary
Thomas Bilodeau John B. Folmer, Town Attorney
Lenore LeFevre
Joanne Aloi
Avvlicants & Public Present
John Diescher, Applicant; Christine Ellis, Applicant; Brenda Diescher, Mark Ellis, David
Alexander, Barb O'Brien, Bill Knight, Richard Willis, Charles Dellow, Ken P?? (illegible), Sharon
Stevans.
The Public Hearing was opened at 6:3045 p.m. by Chairman David Plew, who read aloud the
Legal Notice as published in the Cortland Standard on 15 June 2017, 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, 2017 at 6:45 p.m. at the
Raymond G. Thorpe Municipal Building, 3577 Terrace Road, in the Town of
Cortlandville, New York, to consider the following applications pursuant to the 1986
Zoning Law:
1. In the matter of the application of John & James Deischer, for property located
at 2445 Ames Road, Tax Map No. 78.00-01-16.200, for a variance in the terms
and conditions of Article III, Section 178-112 A, to allow for side yards less
than allowed.
2. In the matter of the application of Christine Ellis, 1794 Route 13, Tax Map No.
77.00-061-41.200, for a variance in the terms and conditions of Article VIII,
Section 178-35, to allow for a rear yard less than allowed.
The above applications are open to inspection at the office of Bruce A. Weber, Planning
& Zoning Officer, Raymond G. Thorpe Municipal Building, 3577 Terrace Road,
Cortland, New York, call (607) 756-7052 or (607) 423-7490. Persons wishing to appear
at such hearing may do so in person, by Attorney, or other representative.
Communications in writing in relation thereto may be filed with the Board or at such
hearing.
David Plew, Chairperson
Zoning Board of Appeals
(Note: Proof of Publication has been placed on file for the record.)
I PUBLIC HEARING # 1 1
John & James Diescher. Avvlicants/James Diescher. Rev_ uted Owner - 2445 Ames Road -
TM #78.00-01-16.200 - Side Yard Setbacks
Chairman David Plew commented to John Diescher (only applicant present) that he needed a
variance before construction of the building could occur but, when Chairman Plew went by "by
your house today, it's started. You don't have a variance. So why is construction started?" Mr.
Diescher responded there were some holes dug for the proposed hay barn and he needs some
place to put the hay. Chairman Plew asked Mr. Diescher if he had a building permit, and Mr.
Diescher stated he did not. He also advised that he owns the properties on three sides, and the
fourth side is the highway. He did not know he would need a variance when he came in to apply
Page 1 of 3
AUG 2 1 2017
Minutes - Public Hearings - (T) Cortlandville Zoning Board of Appeals 27 June 2017
I
for a Building Permit. Chairman Plew then advised the appellant, "the law is the law." PZO
h Weber, in response to Member John Finn's question, stated that a variance Iwas needed as the
proposed agricultural building will be closer to two of the property lines than the 100 feet
required.
Chairman Plew asked if there was anyone from the public who wished to speak regarding this
Area Variance; there was no one.
With everyone being heard who wished to be heard,
Chairman Plew closed the Public Hearing at 6:50 p.m.
DISCUSSION/DECISION
Chairman Plew noted that there was no date on the application; PZO Weber commented that this
would be taken care of. Chairman Plew then remarked that he did not like the way this was
handled.
With no further discussion, a motion was made by Member Finn to grant 'the area variance
to allow side yard setbacks less than allowed, as requested. The motion was seconded by
Member Tom Bilodeau, with the vote recorded as follows:
Ayes: Member Finn Nays: None
Member Bilodeau
Member Aloi Abstain: Chairman Flew
Member LeFevre
Motion passed.
This becomes Action # 12 of 2017.
PUBLIC HEARING #2
i
Christine Ellis (Chopav). Applicant/Reputed Owner - 1794 NYS Route 13 - TM #77.00-01-
41.200 - Rear & Side Yard Setbacks
Chairman Plew announced that before he heard from the applicant, he would read aloud a 26
June 2017 letter sent to this Board and Mrs. Ellis from Attorney Edward Go;ehler, representing
the Cortland Country Music Park whose property was adjacent to the subject property. The
letter was written as the CMP Board was concerned that the applicant appeared to be trying to
build a structure "of some kind on property that appears to belong to the Music Park." A copy of
this letter has been placed on file for the record.
Mrs. Ellis responded that the proposed shed she wished to construct will be 10 feet from the side
and rear property lines. The property is marked with a survey pin that was found. A survey was
done when she purchased the property about eight years ago. The maps/photos accompanying
the application indicated the proposed location of the 20 ft. by 20 ft. shed; the area variance was
needed to avoid the property's existing leach field.
Chairman Plew asked if there was anyone present from the public who wished to comment on
the request; there were, as follows:
Barbara O'Brien (rep of CMP) - In response to Chairman Plew's question, she stated
that the CMP was going to have a survey of their property completed. She added that
no permission had been given to the applicant to use the property. I
Bill KniLyht (CMP Board Member) - Went to County Office Building and obtained "most
recent" survey maps; it shows that CMP owns the property. i
The Board then reviewed the aerial map of the applicant's property which indicated the proposed
location of the shed. A large map was obtained by Mr. Knight and reviewed by the Board and
Page 2 of 3
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AUG 2 1 2017
Minutes - Public Hearings - (T) Cortlandville Zoning Board of Appeals 27 June 2017
PZO Weber; PZO Weber stated that the maps "matched up," and he thought that there did not
appear to be any difference between them.
J 1 With everyone being heard who wished to be heard,
Chairman Plew closed the Public Hearing at 7:12 p.m.
DISCUSSION/DECISION
Chairman Plew stated that the Board was "going to use the survey that was submitted by the
applicant." Member Lenore LeFevre commented that the Music Park had no objection to the
variance as long as the shed is placed on the applicant's property. Perhaps the appellant should
wait until the CMP's survey is complete, but that decision would be up to her. Town Attorney
John Folmer commented that this Board has before them a representation that the appellant
wants to have the construction on her property. "If you grant the variance and she constructs
the building which you've permitted, and it turns out to be in error, then she has done that at
her risk, and there are remedies for that stipulation." Mrs. Ellis stated that she understood this.
At the conclusion of the discussion, a motion was made by Member LeFevre to grant the area
variance to construct a shed no less than ten feet from the side and rear boundary lines, as
requested. The motion was seconded by Member Joanne Aloi, with the vote recorded as
follows:
Ayes: Chairman Plew Nays: None
Member Finn
Member Bilodeau
Member Aloi
Member LeFevre
Motion passed.
This becomes Action #13 of 2017.
APPROVAL OF MINUTES — 25 APRIL 2017
A motion was made by Member Bilodeau to approve the Minutes of the 25 April 2017
Zoning Board of Appeals meeting, as submitted. The motion was seconded by Member
Finn, with the vote recorded as follows:
Ayes: Chairman Plew Nays: None
Member Finn
Member Bilodeau
Member LeFevre Abstain: Member Aloi
Motion passed.
This becomes Action #14 of 2017.
ADJOURNMENT
At 7:20 p.m., on a motion by Member Finn, seconded by Member LeFevre, with everyone present
voting in the affirmative, the meeting was adjourned.
t.
J E. Fitch, Board Secretary
Page 3 of 3
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BW, DD, DC, KM on 8/17/17.
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AUG 3 0 2017
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_ TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS
Public Hearings/ Meeting Minutes - Tuesday, 25 July 2017 - 7 PM
Town Hall Court Room - 3577 Terrace Road - Cortland, NY
Board Members (*absent)
David Plew, Chairman
John Finn, Acting Chairman
Thomas Bilodeau
Lenore LeFevre
Joanne Aloi
Applicants & Public Present
Ahmed Abrahim, Jeffrey Breed.
Others Present
Bruce Weber, Planning/Zoning Officer
Joan E. Fitch, Board Secretary
The Public Hearing was opened at 7 p.m. by Chairman David Plew, who read aloud the
Legal Notice as published in the Cortland Standard on 13 July 2017, 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, July 25, 2017 at 7 p.m. at the Raymond
G. Thorpe Municipal Building, 3577 Terrace Road, in the Town of Cortlandville, New
York, to consider the following applications pursuant to the 1986 Zoning Law:
1. In the matter of the application of Chad Westmiller, for property located at
1341 Starr Road, Tax Map No. 96.11-01-08.000, for a variance in the terms
and conditions of Article V, Section 178-21 B (2), to allow for a storage shed in
a front yard and with a front yard setback less than allowed.
The above application is open to inspection at the office of Bruce A. Weber, Planning &
(` Zoning Officer, Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland,
New York, call (607) 756-7052 or (607) 423-7490. Persons wishing to appear at such
hearing may do so in person, by Attorney, or other representative. Communications in
writing in relation thereto may be filed with the Board or at such hearing.
David Plew, Chairperson
Zoning Board of Appeals
(Note: Proof of Publication has been placed on file for the record.)
PUBLIC HEARING
Chad Westmiller, Applicant/Chad & Stephanie Westmiller. Reputed Owners - 1341 Starr
Road - TM #96.11-01-08.000 - Storage Shed in Front Yard & Front Yard Setback
Chairman David Plew asked if the applicant was present; he was not.
Chairman Plew then asked if there was anyone from the public who wished to speak regarding
this Area Variance; there was no one.
Member John Finn then commented that he thought the issue was that he "did not want to put
it behind his pool." He wanted the shed so it was easily accessible. Member Joanne Aloi said
that she observed the property and where it indicates 25 feet on the map, it did not appear to be
so. PZO Weber said measurement appeared to be from edge of the road.
With everyone being heard who wished to be heard,
Chairman Plew closed the Public Hearing at 7:08 p.m.
Page 1 of 2
AUG 2. 3 2017
Minutes - Public Hearing - (T) Cortlandville Zoning Board of Appeals 25 July 2017
DISCUSSION/DECISION
An attempt was made by Member Finn to call the appellant, but he received Mr. Westmiller's
voice mail; a message was left.
After a brief discussion, a motion was made by Member Tom Bilodeau to postpone the area
variance request until the 29 August 2017 meeting to allow the applicant/rep to be
present. The motion was seconded by Member Tom Bilodeau, with the vote recorded as
follows:
Ayes: Chairman Plew Nays: None
Member Finn
Member Bilodeau
Member Aloi
Member LeFevre
Motion passed.
This becomes Action # 15 of 2017.
ADJOURNMENT
At 7:10 p.m., on a motion by Member Bilodeau, seconded by Member Aloi, with everyone present
voting in the affirmative, the meeting was adjourned.
r-
J E. Fitch, Board Secretary
Page 2 of 2
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BW, DD, DC, KM on 8/22/17.
RI
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AUG 3 0 2017
ATTENDANCE SHEET
(T)-CORTLANDVILL) ZONING BD OF APPEALS ) MEETING of T��54_ t
(Your attendance is recorded in the meeting Minutes.)
(PRINTED Name: Regarding: Complete Address:
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TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS
Public Hearings/Meeting Minutes - Tuesday, 29 August 2017 - 6:30 PM
Town Hall Court Room - 3577 Terrace Road - Cortland, NY
Board Members (*absent) Others Present
David Plew, Chairman Bruce Weber, Planning/Zoning Officer
John Finn, Acting Chairman Joan E. Fitch, Board Secretary
Thomas Bilodeau
Lenore LeFevre
Joanne Aloi
Applicants & Public Present
Michael Carroll, Applicant; Martin Marble for MGM Auto Sales, Applicant; June Carroll.
The Public Hearings were opened at 6:30 p.m. by Chairman David Plew, who read aloud the
Legal Notice as published in the Cortland Standard on 17 August 2017, 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, August 29, 2017 at 6:30 p.m. at the
Raymond G. Thorpe Municipal Building, 3577 Terrace Road, in the Town of
Cortlandville, New York, to consider the following applications pursuant to the 1986
Zoning Law:
1. In the matter of the application of E & V Energy, for property located at 3951
Route 11, Tax Map No. 87.13-01-41.200, for a variance in the terms and
conditions of Article IX A, Section 178-40.4, to allow for the bulk storage of
petroleum.
2. In the matter of the application of Michael Carroll for property located on
Tower Road, Tax Map No. 106.00-06-05.120, for a variance in the terms and
conditions of Article Ill Section 178-11, to allow for a storage building.
3. In the matter of the application of MGM Auto Sales for property located at
3998 & 4002 West Road, Tax Map No. 86-13-01-21.100, for a variance in the
terms and conditions of Article XVIII Section 178-111 B & 112, Table 1, for a
greater number of signs closer to property line and with a height greater than
allowed.
The above applications are open to inspection at the office of Bruce A. Weber, Planning
& Zoning Officer, Raymond G. Thorpe Municipal Building, 3577 Terrace Road,
Cortland, New York, call (607) 756-7052 or (607) 423-7490. Persons wishing to appear
at such hearing may do so in person, by Attorney, or other representative.
Communications in writing in relation thereto may be filed with the Board or at such
hearing.
David Plew, Chairperson
Zoning Board of Appeals
(Note: Proof of Publication has been placed on file for the record.)
Page 1 of 5
a3
Minutes - Public Hearings - (T) Cortlandville Zoning Board of Appeals 29 August 2017
I PUBLIC HEARING # 1, 1
E & V Energv. Aoolicant/Revuted Owner - 3951 US Route 11 - TM #87.13-01-41.20 - To
Allow for Bulk Storage of Petroleum
Planning/Zoning Officer Bruce Weber advised that the Board's role regarding this application is
to request that the Cortlandville Town Board to act as Lead Agency under SEQRA.
With no further discussion, a motion was made by Member John Finn that the Town of
Cortlandville Zoning Board of Appeals requests that the Town Board act as Lead Agency
under SEQRA regarding the application to allow for bulk storage of petroleum. The motion
was seconded by Member Joanne Aloi, with the vote recorded as follows:
Ayes: Chairman Plew Nays: None
Member Finn
Member Bilodeau
Member Aloi
Member LeFevre
Motion passed.
This becomes Action #16 of 2017.
PUBLIC HEARING #2
Michael Carroll,- Avolicant/Michael & June Carroll, Reputed Owners - Tower Road - TM
L #106.00-06-05.120 - Proposed Storage Building
Chairman David Plew recognized Mr. Carroll and asked the Board if they had any questions.
Member John Finn stated he had visited the site and asked the appellant what it was that he
wished to do. Mr. Carroll explained that he wanted to place a 14 by 20 ft. storage building on
this parcel which he has owned for ten years and mows. He stated it would be much easier to
keep his tractor right on the site that he mows; furthermore, he and his wife plan to construct a
small home on the lot in the future and the proposed storage building would also be used for
storage while he works on .the building. He does not own any adjoining property.
Chairman Plew then asked if there was anyone from the public who wished to speak regarding
this variance; there was no one.
With everyone being heard who wished to be heard,
Chairman Plew closed the Public Hearing at 6:37 p.m.
DISCUSSION/DECISION
Chairman Plew remarked that the site is not very visible and had no problem with the request.
With no further discussion, a motion was made by Member Tom Bilodeau to approve the use
variance for the proposed storage building, as requested. The motion was seconded by
Member Aloi, with the vote recorded as follows:
Ayes: Chairman Plew Nays: None
Member Finn
Member Bilodeau
Member Aloi
Member LeFevre
Motion passed.
This becomes Action #17 of 2017.
Page 2 of 5
124.
Minutes - Public Hearings - (T) Cortlandville Zoning Board of Appeals 29 August 2017
I PUBLIC HEARING #3 1
MGM Auto Sales. Avvlicant/Martin & Terry Marble. Rev_ uted Owners - 3998 & 4002 West
Road (NYS Route 2811 - TM #86.13-01-21.100 - Signs
Chairman David Plew recognized Mr. Marble who was seeking a variance for a greater number of
signs closer to the property line and with a height greater than allowed. The Chair then asked
for questions from the Board.
Member Finn commented that he did not quite understand what the appellant wanted. Board
members then discussed what they thought was being sought. Board Member Aloi commented
about similar requests that had come before this Board and asked PZO Weber his thoughts on
the matter. PZO Weber answered that the Board should be consistent and refreshed their
memory as to what had been done previously.
Mr. Marble stated he had measured from the curb; PZO Weber advised that this was not the
right-of-way line and that the regulation states "15 feet from any property line." Mr. Marble
stated if he used this measurement, "it would put it in the middle of the print shop sign." The
signs are 41 inches off the ground to keep them out of the snow/dirt. The banner -type sign
(shown in the application packet) is about 11 feet high. PZO Weber commented that eight feet is
the maximum height. Chair Plew stated that in order for the applicant to be conforming, the
signs should be a maximum of eight feet in height and located fifteen feet from the front property
line.
PZO Weber suggested to the applicant that he may want to check with the NYSDOT Office on
Route 281 to determine exactly where their right-of-way line is. Mr. Marble then discussed the
problems with conforming to the requirements, especially since the State had taken some of his
frontage with their new construction on Route 281.
Chairman Plew then asked if there was anyone from the public who wished to speak regarding
this variance; there was no one.
With everyone being heard who wished to be heard,
Chairman Plew closed the Public Hearing at 6:46 p.m.
DISCUSSION/DECISION
Member Bilodeau stated he felt it would be a hardship to have the signs conform to the
requirements especially pertaining to the setback.
The Board then proceeded with the required questions (balancing test), with the responses being
given by the ZBA members, as follows:
1. Can the benefit be achieved by other means feasible to the aDDlicant?
Finding: No. All Board members present agreed.
2. Would there be an undesirable chance in neighborhood character or to nearbv
property?
Finding: No. All Board members present agreed.
3. Is the reauested variance substantial?
Finding: No. The majority (4) of Board members present agreed.
4. Would the variance have an adverse impact on the phvsical or environmental
conditions in the neighborhood?
Finding: No. All Board members present agreed.
5. Has the alleged difficultv been self-created.
Finding: No. The State took part of the property's road frontage.
Page 3 of 5
Minutes - Public Hearings - (T) Cortlandville Zoning Board of Appeals
29 August 2017
Chairman Plew commented that he had no problem with the request, but that he did not want to
start a precedent; PZO Weber stated that the Board should look at each application individually.
Member Finn commented that there are other car dealers in the vicinity. Member LeFevre said
she had no problem with the request. The Board then, once again, reviewed the variance
request. In discussion with Mr. Marble, he stated that he could drop down the height a bit and,
since the signs only last a couple of years, he would be glad to replace them with something
shorter.
At the conclusion of the discussion, a motion was made by Member Bilodeau to grant the
area variance for a greater number of signs closer to the property line and with a greater
height than allowed, with flags to be lowered by one foot and, if replaced, must be no
higher than eight (8) feet. The motion was seconded by Member Finn, with the vote
recorded as follows:
Ayes: Chairman Plew Nays: None
Member Finn
Member Bilodeau
Member Aloi
Member LeFevre
Motion passed.
This becomes Action #18 of 2017.
Chad Westmiller, Applicant/ Chad & Stephanie Westmiller, Reputed Owners - 1341 Starr
Road - TM #96.11-01-08.000 - Storage Shed in Front Yard & Front Yard Setback
This item was on the July Agenda for this Board; the applicant was not present.
At that time, Chairman Plew asked if there was anyone from the public who wished to speak
regarding this Area Variance; there was no one. The Public Hearing was closed, with the matter
postponed until this meeting.
PZO Weber advised that Mr. Westmiller has now withdrawn.his appeal.
No Action Required.
APPROVAL OF MINUTES - 27 JUNE & 25 JULY 2017
A motion was made by Member Finn to approve the Minutes of the 27 June and 25 July
2017 Zoning Board of Appeals meetings, as submitted. The motion was seconded by
Member LeFevre, with the vote recorded as follows:
Ayes: Chairman Plew Nays: None
Member Finn
Member Bilodeau
Member Aloi
Member LeFevre
Motion passed.
This becomes Action #19 of 2017.
ADJOURNMENT
Page 4 of 5
PT3
Minutes - Public Hearings - (T) Cortlandville Zoning Board of Appeals
-A
29 August 2017
At 7 p.m., on a motion by Member Bilodeau, seconded by Member Aloi, with everyone present
voting in the affirmative, the meeting was adjourned.
Y
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J . E. Fitch, Board Secretary
Page 5 of 5
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BW, DD, DC, KM on 10/18/17.
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TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS
Public Hearings/ Meeting Minutes - Tuesday, 26 September 2017 - 6:00 PM
Town Hall Court Room - 3577 Terrace Road - Cortland, NY
Board Members (*absent) Others Present
David Plew, Chairman Bruce Weber, Planning/Zoning Officer
John Finn, Acting Chairman Joan E. Fitch, Board Secretary
Thomas Bilodeau
Lenore LeFevre
Joanne Aloi
Applicants & Public Present
Carrie Contento, Applicant; Ben Locke, Applicant; Vincent Salvagni for UCK Three, LLC,
Applicant; Zach Plonka, Olivia, Ayla, Mya & Kelley Locke; Sharon Stevans, Videographer.
The Public Hearings were opened at 6 p.m. by Chairman David Plew, who read aloud the
Legal Notice as published in the Cortland Standard on 14 September 2017, 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, 2017 at 6:00 p.m. at the
Raymond G. Thorpe Municipal Building, 3577 Terrace Road, in the Town of
Cortlandville, New York, to consider the following applications pursuant to the 1986
Zoning Law:
1. In the matter of the application of Carrie Contento, for property located at
3660 Page Green Road, Tax Map No. 96.12-01-04.000, for a variance in the
terms and conditions of Article V, Section 178-20, to allow for two goats in an
R-2 District.
2. In the matter of the application of UCK Three, LLC, for property located at
3861 Route 281, Tax Map No. 86.17-01-11.100, for a variance in the terms
and conditions of Article XVIII, Section 178-1 1F & 112, Table 1, to allow for a
building sign to extend above the roof, a greater number of building -mounted
signs to be illuminated, and a free-standing sign with a height greater than
allowed.
3. In the matter of the application of Ben Locke, for property located at 981 Route
222, Tax Map No. 86-13-01-440100, for a variance in the terms and
conditions of Article IV, Section 178-17 B (1) & 112, Table 1, for an accessory
building with a rear yard less than allowed.
The above applications are open to inspection at the office of Bruce A. Weber, Planning
& Zoning Officer, Raymond G. Thorpe Municipal Building, 3577 Terrace Road,
Cortland, New York,- call (607) 756-7052 or (607) 423-7490. Persons wishing to appear
at such hearing may do so in person, by Attorney, or other representative.
Communications in writing in relation thereto may be filed with the Board or at such
hearing.
David Plew, Chairperson
Zoning Board of Appeals
(Note: Proof of Publication has been placed on file for the record.)
Page 1 of 4
a�
Minutes - Public Hearings - (T) Cortlandville Zoning Board of Appeals 26 September 2017
Carrie Contento, Applicant/Reputed Owner - 300 Parxe Green Road - TM 4t96.12-01-04.000
- Use Variance To Allow for Two Goats in an R-2 District
Chairman Plew recognized the applicant who was seeking a use variance to own two miniature
goats, as pets, on her property. She stated she and her family would like to build a small pen
away from the road, under the back deck. In the winter, they would be housed in their garage
and in a pen in their basement. The goats, one male and one female, both to be "fixed," will be
kept as family pets. The miniature goats are about one foot high, she said and, when mature
would weight about 30 lbs. A photo of the goats accompanied the application. The goats are
walked on a leash, like their dog.
Member Tom Bilodeau asked PZO Bruce Weber about the Code regarding the goats, and PZO
Weber responded that they are considered farm animals; since they will not be kept in the
house, he stated it was difficult to make a determination if they were pets, like a dog, but it was
entirely up to the ZBA how it was interpreted.
Ms. Contento stated she has an arrangement with the people at the farm in Virgil that if doesn't
work out and they need to be on a farm, they can go back there.
Chairman Plew asked if there was anyone from the public who wished to speak regarding this
variance; there was no one.
With everyone being heard who wished to be heard,
Chairman Plew closed the Public Hearing at 6:08 p.m.
DISCUSSION/DECISION
Chairman Plew remarked that he looked at the goats as pets.
After a brief discussion, a motion was made by Member Lenore LeFevre that the Town of
Cortlandville Zoning Board of Appeals overrules the interpretation of the Planning/Zoning
Officer that a Use Variance is required, and the ZBA considers the two miniature goats as
pets. The motion was seconded by Member John Finn, with the vote recorded as follows:
Ayes: Chairman Plew Nays: None
Member Finn
Member Bilodeau
Member Aloi
Member LeFevre
Motion passed.
This becomes Action #20 of 2017.
i
Ben Locke, Applicant/Ben & Kellet/ Locke,
Reputed Owners - 981 NYS Route 222 - TM
#86.17-01-11.100 -Proposed Accessory Building
Chairman David Plew recognized the applicant who was seeking a variance to place a 26 Its by
36 ft. pole barn with a metal roof at the rear of his house (attached to his existing garage), as
shown on the map accompanying the application. The proposed building will be used for storage.
The lean-to will be removed. A variance is needed because the proposed location of the pole barn
is closer to the property line than allowed.
Page 2 of 4 .
Minutes - Public Hearings - (T) Cortlandville Zoning Board of Appeals 26 September 2017
Chairman Plew then asked if there was anyone from the public who wished to speak regarding
this variance; there was no one.
With everyone being heard who wished to be heard,
Chairman Plew closed the Public Hearing at 6:3716 p.m.
DISCUSSION/DECISION
ZBA Member Joanne Aloi then read aloud the Balancing Test questions; the responses were
recorded by PZO Weber, with a copy placed on file for the record.
With no further discussion, a motion was made by Member Torn Bilodeau to approve the
area variance for the proposed storage building, as requested. The motion was seconded by
Member Aloi, with the vote recorded as follows:
Ayes: Chairman Plew Nays: None
Member Finn
Member Bilodeau
Member Aloi
Member LeFevre
Motion passed.
This becomes Action #21 of 2017.
UCK Three, LLC, Ap_ plicant/Reputed Owner - 3861 NYS Route 281 - TM #86.17-01-11.100
- SiLyns
Chairman David Plew recognized Vincent Salvagni, representing the applicant who was seeking a
variance for a building sign to extend above the roof, a greater number of building -mounted
signs to be illuminated, and a free-standing sign with a height greater than allowed. A complete
set of proposed signage plans accompanied the application. Mr. Salvagni stated it was important
to have a consistent look among their multiple dealerships and also to compete with the other
auto dealerships in the immediate area.
The signs were thoroughly reviewed by the ZBA members, assisted by Mr. Salvagni. At the
conclusion of an extensive discussion, Chairman Plew asked if there was anyone from the public
who wished to speak regarding this variance; there was no one.
With everyone being heard who wished to be heard,
Chairman Plew closed the Public Hearing at 6:47 p.rn.
DISCUSSION
/DECISION
The Board discussed alternatives and carefully developed their motion.
At the conclusion of this lengthy discussion, a motion was made by Member Bilodeau to grant
the variance for the signage as submitted, except removing the sign on the south end of
the building, removing the sign immediately to the right of it on the front
(UsedCarKing.com); free-standing sign is allowed to be 24 feet high; the two-faced orange
sign is allowed to extend six (6) feet above the roofline of the building; removing
UsedCarKing.com sign on the Luker Road side of the building; and remaining signs are
allowed to be illuminated as requested, with illumination to be turned off one hour after
Page 3 of 4
i
Minutes - Public Hearings : (T) Cortlandville Zoning Board of Appeals 26 September 2017
closing. The motion was seconded by Member Finn, with the vote recorded as follows:
Ayes: Chairman Plew Nays: None
Member Finn
i Member Bilodeau
Member Aloi
Member LeFevre
Motion passed.
This becomes Action #22 of 2017.
ADJOURNMENT
At 7:16 p.m., on a motion by Member Aloi, seconded by Member Finn, with everyone present
voting in the affirmative, the meeting was adjourned.
J E. Fitch, Board Secretary Emailed to KS, Bd. Members, JBF,
BW, DD, DC, KM on 10/26/17.
Page 4 of 4
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NOV 2 2017
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DEC 1 9 2017
TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS
Public Hearings/Meeting Minutes - Tuesday, 31 October 2017 - 6:00 PM
Town Hall Court Room - 3577 Terrace Road - Cortland, NY
Board Members (*absent)
David Plew, Chairman
John Finn
Thomas Bilodeau
Lenore LeFevre
Joanne Aloi
Applicants & Public Present
See Attendance Sheet - Attachment B.
Others Present
Bruce Weber, Planning/Zoning Officer
John B. Folmer, Town Attorney
Joan E. Fitch, Board Secretary
The Public Hearings were opened at 5 p.m. by Chairman, David Plew, who read aloud the
Legal.Notice as published in the Cortland Standard on 19 October 2017, 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, October 31, 2017 at 5:00 p.m. at the
Raymond G. Thorpe Municipal Building, 3577 Terrace Road, in the Town of
Cortlandville, New York, to consider the following applications pursuant to the 1986
Zoning Law:
1. In the matter of the application of Bobbie' Fox, for property located at 1608
Oakcrest Street, Tax Map No. 96.36-01-10.000, for. a variance in the terms
and conditions of Article V, Section 178-21 A(1), to allow for a side yard less
than allowed.
2. In the matter of the application of Sky Hospitality, for property located at 3175
Fingerlakes East Drive, Tax Map No. 105.00-03-08.000, for a variance in the
1 terms and conditions of Article XVIII, Section 178-111B , Table 2; Note 2a, to
j allow for a sign with a height greater than allowed and closer to the property
i line than allowed.
3. In the matter of the application of Storage Squad, for property located at 1162
NYS Route 13, Tax Map No. 96.31-01-11.000, for a variance in the terms and
conditions of Article VIII, Section 178-35, for a self -storage facility in a B-2
District.
4. In the matter of the application of E & V Energy for property located at 3951
US Route 11, Tax Map No. 87.13-01-41.200, for a variance in the terms and
conditions of Article IX A, Section 178-40.4, for bulk storage of fuel.
The above applications are open to inspection at the. office of Bruce A. Weber, Planning
& Zoning Officer, Raymond G. Thorpe Municipal Building, 3577 Terrace Road,
Cortland, New York, call (607) 756=7052 or (607) 423-7490. Persons wishing to appear
at such . hearing may do so in person, by Attorney, or other representative.
Communications in writing in relation thereto may be filed with the Board or at such
hearing.
David Plew, Chairperson
Zoning Board of Appeals
(Note: Proof of Publication has been placed on file for the record.)
Page 1 of 8
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D EC 1 0 2017
Minutes - Public Hearings - (T) Cortlandville Zoning Board of Appeals 31 October 2017
PUBLIC HEARING # 1
Bobbie C. Fox, Applicant/ Reputed Owner _ 1608 Oakcrest Street - TM #96.36-01-10.000 -
Area Variance for Side Yard Less Than Allowed
Chairman Plew advised the applicant that he had visited her property the other day and asked if
her proposed addition was going to cover the outside access to her basement. Ms. Fox
responded that it would, and described the photo attached to her application. The existing in -
ground door to the basement covers with ice during the winter, so she would like to prevent this.
This cover, which would match the house siding, would come closer to the side yard setback
than allowed.
Chairman Plew asked if there was anyone from the public who wished to speak regarding this
variance; there was no one.
With everyone being heard who wished to be heard,
Chairman Plew closed the Public Hearing at 5:13 p.m.
DISCUSSION/DECISION
At the request of Chairman Plew, Member Joanne Aloi proceeded with the required questions
(balancing test) for an area variance; the responses given by the ZBA members, were as follows:
1. Can the benefit be achieved by other means feasible to the applicant?
Finding: No. All Board members present agreed.
2. Would there be an undesirable change in neighborhood character or to nearbv
proverty?
Finding: No. All Board members present agreed.
3. Is the requested variance substantial?
Finding: No. Cover will be no closer to property line than other part of home.
4. Would the variance have an adverse impact on the nhvsical or environmental
conditions in the neighborhood?
Finding: No. All Board members present agreed.
5. Has the alleged difficultv been self-created.
Finding: No. Basement door was in place when property -was purchased.
At the conclusion of the test, a motion was made by Member Tom Bilodeau to grant the area
variance, as requested. The motion was seconded by Member Aloi, with the vote recorded
as follows:
Ayes: Chairman Plew Nays: None
Member Finn
Member Bilodeau
Member Aloi
Member LeFevre
Motion passed.
This becomes Action #23 of'2017.
Page 2 of 14
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Minutes - Public Hearings - (T) Cortlandville Zoning Board of Appeals 31 October 2017
PUBLIC HEARING #2
Sky Hospitality, LLC (dba Best Western Plus) Applicant/Bharati Desai, Reputed Owner -
3175 Fingerlakes East Drive - TM #105.00-03-08.000 - Area Variance - Proposed Signage
Chairman David Plew recognized Ravi Desai, Property Manager. Chairman Plew then asked him
if he was "putting up the sign because Best Western told you to do it." Mr. Desai stated that
they were told they had to change the sign because the company's logo changed.
Chairman- Plew then asked why do they want a sign that high and closer to the property line
than allowed? Mr. Desai showed the Board a photo of the proposed sign which was proposed to
be 17 feet in height and placed within three feet of the property line, as indicated. Eight feet in
height is required. The Board then discussed the pros and cons of the sign height and location.
Chairman Plew then asked if there was anyone from the public who wished to speak regarding
this variance; there was no one.
With everyone being heard who wished to be heard,
Chairman Plew closed the Public Hearing at 5:26 p.m.
DTsmTSSI0N/DECISI0N
At the request of Chairman Plew, Member Joanne Aloi proceeded with the required questions
(balancing test) for an area variance; the responses given by the ZBA members, were as follows:
1. Can the benefit be achieved by other means feasible to the applicant?
Finding: Yes. All Board members present agreed.
2. Would there be an undesirable chanize in neighborhood character or to nearby
property?
Finding: No. All Board members present agreed.
3. Is the requested variance substantial?
Finding: Yes. All Board members present agreed.
4. Would the variance have an adverse impact on the phvsical or environmental
conditions in the neighborhood?
Finding: No. All Board members present agreed.
5. Has the alleized difficulty been self-created.
Finding: No. The company has changed their logo design. All agreed.
At the conclusion of the test, a motion was made by Member John Finn to grant the area
variance for (1) a sign height of 17 feet, and (2) for a sign with a rear edge to be even with
the parking area. The motion was seconded by Member Bilodeau, with the vote recorded
as follows:
Ayes: Chairman Plew Nays: None
Member Finn
Member Bilodeau
Member Aloi
Member LeFevre
Motion passed.
This becomes Action #24 of 2017.
Page 3 of 14
DEC 1 9 2017
Minutes - Public Hearings - (T) Cortlandville Zoning Board of Appeals 31 October'2017
PUBLIC HEARING #3
Storage Squad, LLC, Applicant/ Church of the Redeemer, Reputed Owner - 1162 NYS
Route 13 - TM #96.06-01-15.210 - Use Variance Request for Self -Storage Facility in B-2
District
Chairman David Plew recognized Nick Huber, representing the applicant who was seeking a
variance for a self -storage facility in a B-2 District where it is not allowed. Mr. Huber described
the proposed facility to everyone present; there would be a total of seven buildings. The church
has been trying to sell the subject property for 10± years. Granting of the variance would add
this now -exempt property back on the tax rolls. He also explained that the property goes back
twice as far as the proposed construction area, and there were no plans to use this rear portion.
Chairman Plew asked Mr. Huber what the proposed hours of operation would be, and he replied
they would be open from 6 a.m. to 11 p.m., but are open to suggestions. The facility would be
gated and fenced in, with a key code required in order to gain access.
At the conclusion of an extensive discussion, Chairman Plew asked if there was anyone from the
public who wished to speak regarding this variance; there were, as follows:
Sherry Boone - 3707 Abdallah Ave. - She has an easement on her deed for
Cortlandville water and NYSEG where it comes across the subject property into her
back yard. How will proposed project affect that? Mr. Huber did not think the
proposed project would have any impact on the utilities. Ms. Boone asked about
access for fire trucks; PZO Weber advised that this would be covered under the NYS
Building Code.
At this time, Town Attorney Folmer advised the Board to consider variance items,
focusing on the four requirements that must be met before any use variance can be
granted.
Jill Holl - 25 Abdallah Ave. - At what point would a variance be needed to expand
back farther? PZO Weber responded that a variance would not be needed, but a
Conditional Permit would be needed from the Town Planning Board.
Attorney Mike Shafer - 75 Greenbush St. - Represents Nancy Richards, owner of a
storage facility on Luker Road. Subject property gifted to the church. Reasonable
rate of return would be significantly different than for commercial property. Church
is not the applicant; Storage Squad is. It's creating its own hardship. There are
plenty of places in Town where storage facilities can be built legally on available land.
You're talking about converting B-2 zoning, which is part of the Comprehensive Plan,
into spot zoning so the storage facility can be located here. County Planning
recommended against granting of the variance. It does not comply with County's
Comprehensive Plan either. This is a totally inappropriate use for this site.
Gregg McConnell - 186 LaFavette Rd. - McLean - Elder in the Church of the
Redeemer, Reputed Owner of subject property. Advised that property was purchased
50% with 50% being a gift. Purchase price was $83,000 total; $41,500 gifted.
Town Attorney Folmer commented on Attorney Shafer's remarks by stating that it is
required that "the applicant show financial hardship. And it also requires that it do
so by competent financial evidence." No dollars and cents proof has been submitted
in this application to begin with. Also, the applicant has to prove hardship, not
someone else. Member Lenore LeFevre asked "why not purchase a property in the
proper zone?" Attorney Folmer commented, "Why is it, if you're making . . .this
purchase because .you can, why isn't that admitting that your situation is self -
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D EC 1 0 2017
Minutes - Public Hearings - (T) Cortlandville Zoning Board of Appeals 31 October 2017
created? And if it is self-created, a use variance cannot be granted pursuant to the
section of the Town Law."
Gregg McConnell commentedthat if the church had known what they were going to
get into, they would have been the applicant. PZO Weber brought the CHA letter of 15
August 2017, addressed to the Planning Board, to everyone's attention and read
aloud Item #2 of that letter (a copy of which has been placed on file for the record).
Arguments continued. Attorney Folmer asked the Board, "how do you avoid the issue
of self-created hardship?" He again reiterated, "And if it is self-created, it is clear
under the section of Town Law that you are not permitted to grant a use variance
unless all four criteria have been satisfactorily met."
Nancv Haeslip - 10 Abdallah Ave. - Asked if there was an opportunity to submit more
comments after the public hearing is closed. PZO Weber explains that if the ZBA
denies the use variance, the matter would end at this meeting. If the requested
variance was granted, the application would then proceed to the Town Planning Board
who would then review everything pertaining to the project. Ms. Heaslip did not agree
that the proposed project fit into the character of the community. Concerned with
stormwater ponds at rear of property.
Robert Beard - 4615 Streeter Road - Owns storage unit on Starr Road. Asked who
maintains retention ponds proposed for rear of property. PZO Weber answered that
they would be maintained by the applicant in accordance with the stormwater plan.
Inspections would be done by County Soil & Water.
Sherron Brow - 1146B The Park - Concerned about project fitting in with the
community and asked for response from Mr. Huber who responded by explaining
what B-2 zone allowed. The proposed project, he stated, would better fit the
community than what is allowed there now as it is less intrusive.
With everyone being heard who wished to be heard,
Chairman Plew closed the Public Hearing at 6:10 p.m.
DISCUSSION/DECISION
Town Attorney Folmer directed everyone's attention to the Cortland County Planning Board's
Resolution No. 17-09 of 12 April 2017 which recommended denial of this application because
the proposed use is incompatible with the surrounding neighborhood.
At the request of Chairman Plew, Member Joanne Aloi proceeded with the required questions
(balancing test) for a use variance; the responses given by the ZBA members, were as follows:
The Applicant cannot realize a reasonable return, as shown by competent
financial evidence.
Finding: No. This has not been demonstrated by the applicant. All Board
members present agreed.
2. The alleaed hardship relating to the property is unique.
Finding: No. It is not unique. All Board members present agreed.
3. The requested variance, if aranted, will not alter the essential character of the
neiahborhood.
Finding: No, it will alter the essential character of the neighborhood. All
.Board members present agreed.
Page 5 of 14
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DEC 1 0 2017
Minutes - Public Hearings - (T) Cortlandville Zoning Board of Appeals 31 October 2017
4. The alleged hardship has not been self-created.
Finding: No. The applicant has failed to show the alleged hardship was not
self-created. All Board members present agreed.
At the conclusion of this lengthy discussion, and completion of the Balancing Test, a motion
was made by Member Finn to deny the requested Use Variance for a self -storage facility in
a B-2 District, having reviewed the record and finding as follows: (1) the applicant failed to
provide competent financial evidence that a reasonable return cannot be realized, (2) the
property is not unique, (3) the proposed project would alter the character of the
neighborhood, and (4) the applicant failed to demonstrate that a hardship was not self-
created. The motion was seconded by Member Aloi, with the vote recorded as follows:
Ayes: Chairman-Plew Nays: None
Member Finn
Member Bilodeau
Member Aloi
Member LeFevre
Motion passed.
This becomes Action #25 of 2017.
PUBLIC HEARING #4
E & V Energv, Applicant/ Reputed Owner - 3957 US Route 11 - TM #s 87.13-01-41.120 &
200 - Use Variance Request for Bulk Storage of Fuel
Chairman David Plew recognized James Marshall, representing the applicant who was seeking a
Use Variance to install four above -ground 25,000 -gallon fuel storage tanks on this site. A Use
Variance is required as the bulk storage of fuel is not a permitted use in the I-2 District; it was,
however, a permitted use at the time the original propane facility was installed. Mr. Marshall
advised that if E & V Energy was allowed to do this, they would be removing the storage facility
they have in Polkville at the "travel center," which they have outgrown. Relocating the storage
facility would provide for more security and make it easier for inspection.
At the conclusion of the Board's discussion, Chairman Plew asked if there was anyone from the
public who wished to speak regarding this variance; there were, as follows:
Pam Jenkins - 4023 Collegeview Drive - Ms. Jenkins read aloud a four-page
statement she had prepared, which stated all of the reasons/ questions she had in
opposition to granting of the requested Use Variance. A copy of this lengthy
statement is attached to these Minutes as Attachment A. She asked that the ZBA
deny the requested variance.
Valerie Natoli - 247 Port Watson Street - She and her family have owned this City of
Cortland property for 100 years, and have been offered an opportunity for a 7-11
Store, but was told by the City it was not allowed. There's a school across the street
along the river. Need to think twice when developing properties. Does not like idea
of fuel being stored above ground so close to the Tioughnioga River. Asked Board to
consider quality of life for those living along the river which she felt would be
impacted by granting of the requested variance. Opposed to granting of the use
variance.
William Fiske - Emploved by Intertek Testing at 3933 US Route 11 - Speaking on
behalf of Intertek who is the applicant's adjacent neighbor. No one at Intertek knew
anything about the proposed facility. Intertek is in the testing business, some of
Page 6 of 14
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DEC 1 9 2017
Minutes - Public Hearings - (T) Cortlandville Zoning Board of Appeals 31 October 2017
which is extremely sensitive to disturbances: air, vibrations, etc. Construction
would create considerable oscillations in the ground which would disturb their
testing. Any change in the air also. Concerned about failure of proposed tanks.
Opposed to granting of requested variance.
Lee Miller - McGraw, NY -Company purchased next-door land knowing that what
they wanted to do was not allowed. It's a self-created hardship. Asked depth to
groundwater on subject property. William Fiske, an engineer, responded 8 to 10
feet, varying during seasons. Ms. Miller asked if anyone had read the reasons why a
Negative Declaration under SEQRA was given. PZO Weber responded that they had
not received a copy. Town Attorney Folmer commented that this Board only needed
to know if the SEQRA had been accomplished and, if so, was there a Negative or
Positive Declaration?
Andrea Rankin - 437 McLean Road - Worked for County Health Department for 25
years. Spoke of her respect for Jim Feuss, PE, and the time of the SCM pollution
years ago. We need to maintain the Aquifer Protection Law.
Marie Kautz - Homer, NY - Given toxic algae blooms in some of our surrounding
communities that depend on water bodies, we need to emphasize wonder and
beauty of our aquifer and keeping it relatively clean and in a healthy state. Very
concerned about that as it pertains to the proposed project.
With everyone being heard who wished to be heard,
Chairman Plew closed the Public Hearing at 7:53 p.m.
DISCUSSION/DECISION
Member Lenore LeFever asked Mr. Marshall if competent financial evidence had been submitted
showing E & V Energy could not realize a reasonable return. He explained their costs for
purchasing the adjoining property, but stated that he had not. She then asked who would
monitor such a facility, and if they purchased the adjoining lot knowing a bulk petroleum facility
was not a permitted use. Mr. Marshall stated he did not know this. PZO Weber added that the
property purchased 2015/2016 is what's being proposed for the bulk storage; the property
purchased in 2003 is where the propane storage tanks are located which, at the time was a
permitted use. The two properties have now been combined.
At the request of Chairman Plew, Member Joanne Aloi proceeded with the required questions
(balancing test) for a use variance; the responses given by the ZBA members, were as follows:
The Applicant cannot realize a reasonable return, as shown by competent
financial evidence.
Finding: No. This was not provided by the applicant. All Board members
present agreed.
2. The alleged hardship relatiniz to the property is unique.
Finding: No. It is not unique. All Board members present agreed.
3. The requested variance, if granted, will not alter the essential character of the
neijzhborhood.
Finding: Applicant has failed to demonstrate that the variance, if granted, will
not alter the essential character of the neighborhood, especially considering
Intertek's concerns. All Board members present agreed.
Page 7 of 14
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DEC 1 0 2017
Minutes -Public Hearings-. (T) Cortlandville Zoning Board of Appeals al October 2017
4. The alleged hardship has not been self-created.
Finding: No. The applicant has failed to show. the alleged hardship was not
- self-created. All Board members present. agreed.
At the conclusion of this lengthy discussion, and completion: of the Balancing Test, a motion
was made'by Member Aloi to deny the requested Use Variance for the bulk storage•of fuel,
having reviewed the record and- finding as', follows: (1) -the applicant failed to provide,
competent financial evidence that a reasonable return cannot be realized, (2) the property
is not unique, (3) the proposed project would alter the character of the neighborhood,- and
.(4) the applicant failed to demonstrate that aLhardship was not: self-created. The -motion
was seconded by Member Finn, with the vote."recorded as follows:
Ayes: Chairman Plew , Nays:- None
Member Finn
Member Bilodeau
Member Aloi ,
Member LeFevre
Motion passed.
This becomes Action #26' of 2017.
APPROVAL OF MINUTES — 29 AUGUST & 26 SEPTEMBER 2017
A motion was =made .:by Member Bilodeau to approve the Minutes of -the 29 August and 26
September 2017 Zoning Board of Appeals hearings/ meetings as submitted." The motion
was seconded by Member Aloi, with the vote, recorded as follows:'
Ayes:. .Chairman Plew Nays: None
Member. Finn -
Member Bilodeau
Member Aloi
Member LeFevre
Motion passed.
This becomes Action #27 of•2017.
ADJOURNMENT
At 8:05 p.m., on a motion by Member Finn, seconded by Member Bilodeau, with everyone
present voting in the affirmative, the meeting was adjourned..
J E. Fitch, Board Secretary Emailed to KS, Bd. Members, JBF,
BW, DD, DC, KM on 12/15/17.. (R)
Attachment A - (4 pgs.)
Attachment B - (2 pgs.)
Page 8 of 14
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DEC 1 2017
ATTACHMENT A
E and V testimony for ZBA Public Hearing 10 312017 Pamela Jenkins
10/31/2017
Board members thank you for your time and attention.
I ask that my complete comments be attached to the minutes.
The E. and V application should not even be before you.
The Cortlandville Town Board violated NYS Environmental Conservation Laws (SEQR Laws) in
very numerous ways leading up to this point. Many of the ways they violated NYS Law are
mere repeats of the violations which caused us to file and to win two Article 78 lawsuits against
Cortlandville, so far.
Have the ZBA members reviewed the Article 78 rulings so that you do not repeat the errors
illuminated by the Judges' rulings?
Cortlandville failed since July to post a Notice in the DEC's Environmental Notice Bulletin that
they were considering the E and V application. This is required by NYS Law.
CV failed to give the public notice that they would be voting on the SEAR application and the
Aquifer Permit. The public was denied the opportunity to comment on the SEQR application
and Aquifer Protection waiver/Permit.
Many of the questions on the SEQR forms and Aquifer Protection permit and the ZBA forms
were answered wrongly, and Cortlandville let those incorrect answers stand without correcting
them.
Have the ZBA members reviewed the SEQR forms? Do you agree that many of the questions
were answered wrong?
Cortlandville gave the E and V project a Negative Declaration when common sense dictates that
the project is likely to pose significant environmental risks.
They failed to identify even one single potential significant environmental risk from this project.
I can list 6-10 risks.
Above ground tanks lose product to the surrounding air. How much ambient air pollution would
be caused by naturally occurring venting and operation of the (4) 25,000 gallon above ground
tanks?
How close would underground piping be to groundwater?
Page 9 of 14'
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Minutes - Public Hearings - (T) Cortlandville Zoning Board of Appeals 31 October 2017
continued........
What is the travel time to the aquifer in case of a spill or leak?
Would contaminated stormwater be pumped into the river?
How many additional tractor trailer trucks per day and week and month would access this
property?
How many square feet of impervious surface would be added to the area along the river?
Given that there are other gasoline storage facilities in the area, there is no public need for this
facility.
All of this information is absent from the short SEQR documents filled out incorrectly by the
applicant and CV.
The CV T Bd should, of course, have given the E and V application a Positive Declaration and
then required the owner of E and V to provide a Full Environmental Impact Statement.
Cortlandville failed to do this.
The Legal Notice for this meeting is insufficient .... no information is given as to what the E and V
project encompasses.
The Weedsport based company, E and V, bought land where their use is prohibited ...it has
been prohibited by zoning and by the 2002 the Aquifer Protection Plan which was produced by
Cortlandville officials at taxpayer expense.
E and V bought their original 2.5 acre property in 2003 ... by law this ZBA was required to deny
the first use variance because E and V's use was prohibited since before they bought the
property .... but the ZBA granted it. E and V got that use variance for what they proposed
then ... not for what they are proposing in 2017. Their use is still prohibited in the area where
their property is located.
Now E and V is applying to:
A) Add gasoline to the list of fuels stored at the site. The Town Board did not even ask how
many of the 100,000 gallons of fuel would be for gasoline. Think about that....... they
did.... not even ask.
B) Increase the capacity by building (4) 25,000 fuel storage tanks. And to build
containment for 110% of failure of one of the tanks ...there was no discussion about
what would happen in the case of catastrophic failure of more than one of the 25,000
gallons tanks.
z
continued........
Page 10 of 14
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DEC 1 9 2017
Minutes -. Public Hearings - (T) Cortlandville Zoning:Board of Appeals
31, October 2017
C) :Expand to an"additional _12;acre.property,wh'ere their:ut--is.prohi,blted. f&6nnex that
neigt%boring 1.- acres.where a,residential ``structureatands::and to.remove that"
residence:. . , _ .. . , .
There'was, no 5t&M.Water'P.ollutior Prevention-Plan;or'SPEDES.permit :applicationaubmitted
with th`e application. Again; how-many;square feet bf.impervious'surface,would.be"added to the
area along'the;rige,r? _
We have -to wonder'if:E'and V=were to receive:alf of the requested permits and'waivers,:.couI
they or the next owners develop tfie.property info a gas station/ convenience store.
J., If. the2BA were to grant'th'e:use-v ariance;?it:would have'the same mpact'a's'spot-zoning wfiI&
r. .
is"illegal Recall the Artde S which Cortlandvtlle lost to Yellow Lantern Canipground:regarding
spot zoning'(which Cortlandville does ail too frequently):`.`. .
_The ZBA is'reguired fo_ deny the'use wariance.'for many reasons beginning witfi Cortlandyille's
violations of the NYS Environmental Conservation Laws/ SEQR violations:
}
Furtfiemore; E acid V fails:all of.tF e 4 ZBA,required questions: NYS 'Law'does� (n fact `rgquire
atria interpretation of these 4: questions (See:the 2015 Guide t& Town Zoning and Planning
Laws.of NYs)' '
<<• -. ,y- _ - - %tis = ;�,;,
r:.
hardship is self.-"created;.:E"arid U.6ouglitland,where'tiieir uses;are_prohibited:;Under'
settled NYS Law, _the ZBA is require, q,deny . is not the Town'sjob to guarantee proftabil'ity
411
of-land;purchased unwisely'wherethe uses.are prohibited:
`t Tiie applicant -failed to{peovide dollars and'cents' roof that the" cannot make:a reasonable
:return on':their property'forall of'.theallowed:uses;of"the2'properties:'The ZBA_is:required:to
de' ny;th a;application:
Th e'larzer.fuelaank'farm:as` �q osed�would fuitFier'de 'rade,the:area itis inconsistent with .
g...._..., p ..P,.. g.
;neighboring agricultural,and'residential'land vse and, it':is'incorisistent;witli the 2002`A
q
protection Plan ;.the_hardship:is SELF CREATEUby'E_an'd V.
..
Under -NY$ t.aw, the3BA must; deny;tlis;application:
cause Cott andville'offcials have continued to demonstrate contempt°for the;law's of NYS
contacted:the NYS Attorney General'sOffice. TFie`staff.member'l ani.workin'g With' has
requested,the Article ZS rulings, our lawyer's,contact info�metion and tiackgrouiid�documeki .
continued......
.Page 11 of 14
Y
&a
DEC 1 9 2017
Minutes - Public Hearings - (T) Cortlandville Zoning Board of Appeals
�3
t
31 October 2017
The Attorney Genii6i's staff'member.told_me.""1Ne usually do. not:getinedhveotsl, but
since -:the violations are*ipefiic, we wlllsee,-w' hat,:we can:,do to -.ass st.you."
L -
'�m
cortiandviUe-,resident.:`
Page 12' of 14
4
Page 12' of 14
Y, JAN 3 1 2018
ATTENDANCE SHEET
Y CORTLANDVILLE-) Z--ONING BD: -OF APPEALS
(Your attendance is recorded in the meeting Minutes.)
<PRINTEIT> Name:
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10 ATTENDANCE SHEET
(T) CORTLANDVILLE ZONING BD. OF APPEALS
PA, .2 W2
MEETING OF /,0 -3/- / 7
(Your attendance is recorded in the meeting Minutes.)
<PRINTEI> Name:
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Regarding:
var. an Com.,
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Complete Address:
fox L66 /Lic 6�cJ NY 13(o1
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APPEALS Meeting Only
q0
DEC I c 2011
TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS
Public Hearing/Meeting Minutes - Tuesday, 28 November 2017 - 7:00 PM
Town Hall Court Room - 3577 Terrace Road - Cortland, NY
Board Members (*absent) Others Present
David Plew, Chairman Bruce Weber, Planning/Zoning Officer
John Finn, Acting Chairman Joan E. Fitch, Board Secretary .
Thomas Bilodeau
Lenore LeFevre
Joanne Aloi
Applicants & Public Present
Bruce Buchanan for Berean Bible Church, Applicant; Sharon Stevans, Videographer.
The Public Hearing was opened at 7 p.m. by Chairman David Plew, who read aloud the
Legal Notice as published in the Cortland Standard on 16 November 2017, 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, 2017 at 7:00 p.m. at the
Raymond G. Thorpe Municipal Building, 3577 Terrace Road, in the Town of
Cortlandville, New York, to consider the following application pursuant to the 1986
Zoning Law:
1. In the matter of the application of Berean Bible Church, for property located at
726 NYS Route 13, Tax Map No. 105.00-03-11.000, for a variance in the terms
and conditions of Article XVHT, Section 178-113, Table 2, Note 2a, to allow for
a sign with a height greater than allowed.
The above application is open to inspection at the office of Bruce A. Weber, Planning &
Zoning Officer, Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland,
New York, call (607) 756-7052 or (607) 423-7490. Persons wishing to appear at such
hearing may do so in person, by Attorney, or other representative. Communications in
writing in relation thereto may be filed with the Board or at such hearing.
David Plew, Chairperson
Zoning Board of Appeals
(Note: Proof of Publication has been placed on file for the record.)
PUBLIC HEARING
Berean Bible Church. Applicant/Reputed Owner - 726 NYS Route 13 - TM #105.00-03-
11.000 - Area Variance for Sign Height
Chairman Plew recognized Bruce Buchanan, representing the applicant who was seeking an
area variance to erect a 6 ft. by 6 ft. illuminated sign on three-foot legs which would make it at a
height of nine feet, one foot over the permitted height. It would be placed on a "dirt island"
which would be 12-14 inches. PZO Bruce Weber explained that there were two issues: the
island and the proposed height of the sign. The island is actually above adjoining grade, he said,
and he considered it as a part of the sign height.
Chairman Plew asked if there was anyone from the public who wished to speak regarding this
variance; there was no one.
With everyone being heard who wished to be heard,
Chairman Plew closed the Public Hearing at 7:04 p.m.
Page 1 of 2
DEC 1.� 2017
Minutes - Public Hearing - (T) Cortlandville Zoning Board of Appeals 28 November 2017
DISCUSSION/DECISION'
At the request of Chairman.Plew,, Member Joanne .Aloi proceeded with,, the required questions
(balancing test) for an area variance; the responses given by the ZBA members, were as -follows:
1. Can the benefit be achieved bv other means feasible to the applicant?
Finding: No.: All Board members present agreed.
2. Would there be an undesirable change in neighborhood character or to nearby
property?
Finding: No'. All Board members, present agreed.
3. Is the requested variance substantial?
Finding:. No. All Board -Members -present agreed. _
4. Would the variance have an adverse impact on the phvsical or environmental
conditions in the neighborhood?
Finding: No., All Board members present agreed:
5.- ' Has the alleged difficulty been self-created?
Finding: No. The road is higher than the subject property. All Board members
present agreed.
At- the conclusion_ of the test,, a motion was made by Member Tom Bilodeau to grant the area
variance, as requested., The motion was seoonded:by Member Aloi, with the vote recorded
as follows:
Ayes: Chairman Plew Nays: None
Member Finn .
Member. Bilodeau
Member Aloi. ;
Member LeFevre
Motion passed.
This becomes Action. -:#28 of 2017.
ADJOURNMENT
At 7:10 p.m., on a motion by Member John Finn, _seconded by Member Bilodeau, with everyone
present voting in the,afiirmative; the meeting was adjourned.
J E. Fitch, Board Secretary Emailed to KS, Bd.'Members, JBF;
BW, DD, DC; KM,ori 12/17/17.
Page 2 of 2
JA N 3 1 2018
ATTENDANCE SHEET c
(TO ORTLAANDViULE cZONING-BD:'0F. _APPEALS MEETING OF`��i— / t
(Your attendance is recorded in the meeting Minutes.)
-1?RI;NTE13> Name: Regarding: Complete Address:
Ccs ��� w 9 z(2, eY La v4b t. c ,°
ZO q- -TW=BD`::O`FvAPPEAI S° M°eet=rig-0n1y3
Lif
JAIL j 2018
TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS
111
Public Hearings/Meeting Minutes - Tuesday, 26 December 2017 - 6:30 PM
Town Hall Court Room - 3577 Terrace Road - Cortland, NY
Board Members (*absent) Others Present
David Plew, Chairman Bruce Weber, Planning/Zoning Officer
John Finn, Acting Chairman John B. Folmer, Town Attorney
Thomas Bilodeau Joan E. Fitch, Board Secretary
Lenore LeFevre
Joanne Aloi
Avvlicants & Public Present
Art Bell and Brian Buttner, RA for. Art Bell, Applicant; John DelVecchio, Applicant; Anne
McLorn, Jamie Dangler, Pam Jenkins, Ben Mazzucci; Sharon Stevans, Videographer.
The Public Hearing was opened at 6:30 p.m. by Chairman David Plew, who read aloud the
Legal Notice as published in the Cortland Standard on 14 December 2017, 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, December 26, 2017 at. 6:30 p.m. at the
Raymond G. Thorpe Municipal Building, 3577 Terrace Road, : in the Town of
Cortlandville, New'York, to consider the following application pursuant to the 1986
Zoning Law:
1. In the matter of the application of Brian Buttner, for property located at 1062
Blue Creek Road, Tax Map No. 76.00-07-03:000, for a variance in the terms
i
- and conditions of Article KT,, Section 178-12 (Bulk Regulations), to allow for a
lot with an area less than allowed and with rear & side yard setbacks less
than allowed.
2. In the matter of the application of Brian -Buttner, for property located at 1062
Blue Creek- Road, Tax Map No. 76.00-07-04.000; fora variance in the terms
and conditions of Article III, Section 178-12 (Bulk Regulations), to allow for
side yard setbacks less than allowed.
3. DelVecchio Family, LLC, for property .located at 4030 West Road, Tax Map No.
86.09-01-40.000, for a variance in the terms and conditions of Article XVIII,
Section 178-111B & 112, Table. 2, Note 2a, to allow for a sign with a height
greater than allowed and closer to property line than allowed.
The above applications are open to inspection at the office of Bruce A. Weber, Planning
& Zoning Officer, Raymond G. Thorpe Municipal Building, 3577 Terrace Road,
Cortland, New York, call (607) 756-7052 or (607) 423-7490. Persons wishing to appear
at such hearing may do so in person, by Attorney, or other representative.
Communications in writing in relation thereto may be filed with the Board or at such
hearing.
David Plew, Chairperson
Zoning Board of Appeals
(Note: Proof of Publication has been placed on file for the record.)
Page 1 of 4
JAN 3 0 2018
Minutes - Public Hearings - (T) Cortlandville Zoning Board of Appeals 26 December 2017
PUBLIC HEARING #I
Brian Buttner of ADR Associates. Annlicant/Art Bell. Jr.. Renuted Owner - Blue Creek Road
- TM #s 76.00-07-03.000 & 04.000 - Area Variances for Smaller Lot & Setbacks
PZO Bruce Weber reported that he had received an email, dated this date, from Mike Ryan of the
Cortland County Health Department. The memo _advised that "This proposal to resubdivide does
not appear to be compatible with the Cortland County Sanitary Code." PZO Weber stated he had
attempted to reach Mr. Ryan today.as to what does not comply, but was not successful. Without
knowing if the proposed project is going to be in compliance -or not, PZO Weber thought it would
be premature to act on this appeal.
Town Attorney John Folmer acknowledged he had received a copy of the memo "a few minutes
ago" and was not prepared to advise the Board to make the statement requested by Mr. Ryan; he
requested a=little more time to investigate this.
Chairman Plow then closed the public hearing at 6:34 p.m., but stated that the public would be
allowed to speak at the January meeting regarding this appeal.
DISCUSSION/DECISION
With no further discussion, a motion was made by Member Joanne Aloi to postpone the
requested area variances for a smaller lot than allowed and rear and side yard setbacks less
than allowed until the 30 January 2018 ZBA meeting in order to obtain additional
information regarding the County Sanitary Code. The motion was seconded by Member
Tom Bilodeau, with the vote recorded as follows:
Ayes: Chairman Plew Nays: None
Member Finn
Member Bilodeau
_Member Aloi
Member LeFevre
Motion passed.
This becomes Action #29 of 2017.
I PUBLIC HEARING #2 1
DelVecchio Familv. LLC, Applicant/Reputed Owner - 4030 West Road - TM #86.00-09-
140.000 - Area Variances for Sign
Chairman Plow recognized John DelVecchio, representing the appellant who was seeking an area
variance to re -configure a previously approved 64 SF sign at his place of business. Two
alternatives (both less than 64 SF) were shown on sketches accompanying the application: Plan
A which would place an illuminated box (Crown Motors) on the east side of the existing sign, and
Plan B which would place the illuminated box below the existing sign. The previously approved
sign required a six-foot clearance from the ground to the bottom of the sign; the proposed sign
would have a clearance to 5 ft. 4 inches. PZO Weber explained that this was a non -conforming
sign that would be higher than allowed and closer to the property line than allowed.
Board members discussed the requested appeal. Member Aloi was concerned with the line of
sight. Mr. DelVecchio used his phone to show Board members a picture of the existing sign.
Chairman Plow asked if there was anyone from the public who wished to speak regarding this
variance; there was no one.
Page 2 of 4
So
JAN 3 0 2018 S!
Minutes - Public Hearings : (T) Cortlandville Zoning Board of Appeals 26 December 2017
With everyone being heard who wished to be heard,
Chairman Plew closed the Public Hearing -at 6:43 p.m.
DISCUSSION/DECISION
At the request of Chairman Plew, Member Aloi proceeded with the required questions (balancing
test) for an area variance; the responses given by the ZBA members, were as follows:
1. Would there be an undesirable change. in neighborhood character or to nearbv
property?
Finding: No. All Board members present agreed.
2. Can the benefit be achieved by other means feasible to the applicant?
Finding: Yes (Plew, LeFevre. No (Aloi, Bilodeau, Finn).
3. Is the reauested variance substantial?
Finding: No. All Board Members present agreed.
4. Would the variance have an adverse impact on the phvsical or environmental
conditions- in the neighborhood?
Finding: No. All Board members present agreed.
5. Has the alleized difficultv been self-created?
Finding: No. The road, a State highway, had recently been widened which
created the problem for the appellant. All Board members present agreed.
At the conclusion of the test, a motion was made by Member Tom Bilodeau to grant the area
variance, as shown on Plan A, with illumination of the sign to be turned off within one
hour of closing or by 10 p.m., whichever is earlier. The motion was seconded by Member
Aloi, with the vote recorded as follows:
Ayes: Chairman Plew Nays: None
Member Finn
Member Bilodeau
Member Aloi
Member LeFevre
Motion passed.
This becomes Action #30 of 2017.
APPROVAL OF MINUTES 31 OCTOBER & 28 NOVEMBER 2017
A motion was made by Member Finn to approve the ZBA Minutes of 31 October and 28
November 2017, as submitted. The motion was seconded by Member Aloi, with the vote
recorded as follows:
Ayes: Chairman Plew Nays: None
Member Finn
Member Bilodeau
Member Aloi
Member LeFevre
Motion passed.
This becomes Action #31 of 2017.
OTHER MATTER
Page 3 of 4
JA N 3 0 2018
Minutes - Public Hearings - (T) Cortlandville Zoning Board of Appeals 26 December 2017
Chairman Plew acknowledged that Member LeFevre was successful in her campaign for Town of
Cortlandville Justice of the Peace, so she would be resigning from this Board to assume that
position the first of the year 2018. Everyone thanked her for her service and wished her well in
her new position.
ADJOURNMENT
At 6:56 p.m., on a motion by Member Finn, seconded by Member Aloi, with everyone present
voting in the affirmative, the meeting was adjourned.
J E. Fitch, Board Secretary
Page 4 of 4
Emailed to KRP, Bd. Members, JBF,
BW, DD, DC, KM on 1/29/17.
s�-
63
JAN3-2018
t' -,)----
ATTENDANCE SHEET
T CORTLANDVILLE 'ZONING -BD. -OF APPEALS MEETING-OFj.:z1--M-1-`i
(Your attendance is recorded in the meeting Minutes.)
PRINTEI Name: Regarding: Complete Address:
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