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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: C�olnphete Addess: �/) 61 f- F;t +�.-- Ul/I c �V , N y V / ✓ / At ��C v .II..R s sial' "01� wf f i•(,5T1 wo PNllil CHEPK'S OFFICE I. t 1Z0`NINY7OFAPPEAL 1Vleetng Oly� 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: V/ (A7 3 - -7 P4)ij-,,f T_(§ zi Q--0 J�e t MAY I I LUl/ �F L LEai V 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: . r- p _ 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; _ - fe` .i ;2 , '' ` di trio i ` `e 5000 to 7499aons ontFie..311:acres a l rohbteduse. ri' 6 oni s ri Ara o P�otectiot:';Dst71 r`.'ict ,,. . t„2000:gaY on In5:ied,far;and received`ause-va'rancefor afue �gfc land _ u 4e'a .ea 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------ ATTENDANCE SHEET ZONI-NG SD: OF_APFi ALS MEETING OF: � rj (Your attendance is recorded in the meeting Minutes.) r gtP.�R�I�NTEI3> Name: . �`°" 'mss ._ �� � �-on s�2 ✓a�2s '{17. Ly" 4"f, I yun � t \N A-ar Regarding: Ilk Complete Address: C� 2 /TK�-i `3a� L- e1(4, fZeli 1q-:7 nAL(iAw ? �4 14 AY 1 1 ggp�pp _ T n 1 / 0L� �ZON NG-;BD,.�OF_APPEAI�S _Meetir�.g(�nly N 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. �5 j A 1 , 1"; 2018 ATTENDANCE SHEET (IF CO TI;ANDVILLE" ZONING BD. OF APPEAI;Sa MEETING OF� l �� AK(Your attendance is recorded in the meeting Minutes.) %PRINTE Name: Regarding: Complete Address: N L�-�-11(��r,Q ST�C� fL SQ ✓A n �� '-j; ri — o HiilZz. IV ��=� � ►1 i�////l//�///CJ I G'dall res/ iiia_ C�v?v S % f l air, . NU all ,� l„) Wnn n .� �( � � �4, �r.l �a�i► �ve �ar�. �0 6z4%ve�4 12IN 131SL o� Cn f�>' J g7 nl /� p csov\ �rvli I la 19 a .I l cud ZONING BD. OF APPEALS Meeting Only l�e AUG '2 1 2017 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 1�1 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 Emailed to KS, Bd. Members, JBF, BW, DD, DC, KM on 8/17/17. N AUG 3 0 2017 (,J ATTENDANCE—SHEET (T)�ORTLANDVILLE NING-,$D. OF APPEALS MEETING of (Your attendance is recorded in the meeting Minutes.) PRINTED Name: Regarding: Complete Address: -SA '4%-d I, S-le-Van.5 VO 10/1 4-e-29- Ca -b %, a9 � � JI 7 5� C) Mir . lnh,R�Ph v (1 WQ _ 0,0 <�" ``aR U ,-t- i - R- AIN ZL J clr &r _ �d� `'`` _ � f�.�•io.,+.�f-r :s��-tr wuuy�... � .da�a 4 J' Iq AUG 2 3 2017 _ 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 Emailed to KS, Bd. Members, JBF, BW, DD, DC, KM on 8/22/17. RI I 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: la�SPvJe-r, ✓?M 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 C/T✓ J . E. Fitch, Board Secretary Page 5 of 5 Emailed to KS, Bd. Members, JBF, BW, DD, DC, KM on 10/18/17. Was • NOV 2 :3 2017 _ ATTENDANCE SHEET (�/) Q )� � RTLANDLLE ZOING BD. OOF APPEAL -S MEETING OF<7'f-lil (Your attendance is recorded in the meeting Minutes.) 46 RINTEM* Name: Regarding: Complete Address: 14411PW ►m PCL-P5iE ,,\ TWA -s 1 � �b (�►�+���� ������� USI )3� zNJ- Eb Cv97- 9-1 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 3( NOV 2 2017 4. fl v //j 4 ZONIN ATTENDANCE SHEET (+T G_ORTLAPTDVILL ZONING _$D_. OF APPEALS DC&,Tr� GiCi, t i� (Your attendance is recorded in the meeting Minutes.) 81awNTykIft Name: Regarding: Complete` Address: ' J ripd a (/iQeQgi IIOCk&r-r �A Sty ^ Aul-u 3t�o //4AT PP- Gd�z�� . rpt r 2AW Lock -L e y�� sf R.24. Car�Ia�r✓ (X)ia, Locke A M`irt. '6C 4. fl v //j 4 ZONIN 3.')� 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 3.5 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 v j Q EC 1 9 2017 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 - Page 4 of 14 360 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 33 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 3� 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 3`1 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 �U 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' Ei E C 1 C 2017 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 q1 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: V�►1L L 1 I� t -d r I StL� d��iv l l?D�u1i�P� Re&'rding: bxv,rck RPdu,--t, e -W STAT Io A /41 vt G.v div iiI �rG � � e/-11,7 i,-rK4,e -7 VW \I -e- S" 4Vex %�v c4jc c VT C Ireevi r) ci j cr Complete Address: S-fo r"y S"Q-,Ao `A TCie T file- -:211q-15-i7 US t �D 'tic . l Ef-A i cis N)'O � P(e>7 16-�s- &�,,<C« rx. Ocg,'At � 20 --� ) r T �✓: _ 1A .1 ZONING APPEALS CC) r� (3? S MGa`vl its ('gJ7l c�n� ,7r -n AaA-w ko&, Lfb IS 54r�Cle4t l a Meeting,Only _i Jk: 2018 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: ev Regarding: var. an Com., G lfutowlc� 1071nur-- *4 et 4,-, 0 • ZONING Complete Address: fox L66 /Lic 6�cJ NY 13(o1 ��( 23�� /3D 77 ,/L 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: _71p 5 �r(jn r S1 V/a V�Iv TII L` Vl P Aft fuTrc2' [A-4 nio, /� Q-6 C I Vlr* alpx-e _r`1 �h�l` -� 1�G ✓► ��/. � � jJ a h�r �`sid 1 /U3 W d1� )�cQ., Corf" <rit� me _1 lvbl� PA - _ `Ile Vnv e",9 2-;? uG � �� � � vccc"'v 40n� v V ZONING BD. OF APPEALS Meeting Only