HomeMy WebLinkAbout2016.INDEX OF ACTIONS - 2016
(T)CORTLANDVILLE ZONING BOARD OF APPEALS
:.� �;VIEETING
PAGE
DATE
ACTION NO. DESCRIPTION I NO.
1/26/16 1 DAVID SANFORD, APPLICANT/REPUTED=OWNER - 3303 US Route 11 - TM
#108.00-01-02.200 - Use Variance GRANTED to allow for a car lot and O
woodworking shop:with request that Cortlandville Planning Board act as Lead
Agency under SEQRA. (Vote: 3 yes, 2 no)
2 ZONING- TEXT INTERPRETATION OF ARTICLE XIX, :SECTION: 178-116
Cortland Zoning .Board 'of Appeals- DETERMINES that the interpretation of 13 �3
January 2016 by Planning & Zoning Officer Bruce Weber is reasonable.
3 APPROVED ZBA PUBLIC HEARINGS/MEETING MINUTES OF 1 DECEMBER &
29 DECEMBER 2015, as submitted. d�
Joa . itch, Bo�arrdd Secr
Emailed copy to' Karen/Kris, TB, JF, TA, JBF, DD, BW, & DC on 1/27/16. JEF
INDEX OF ACTIONS - 201-6
(T)CORTLANDVILLE ZONING BOARD OF APPEALS
VDATE EETING I ACTION NO. I DESCRIPTION NOPAGE.
.2/23/16 4 JOHN SNIPE, APPLICANT/JOHN SHIPE & BETH VANDINE, :REPUTED
OWNERS - 4065 Highland Road - TM #85.11-01-1-8 -Area Variance GRANTED to Q-7
allow_for.rear yard less than allowed, as requested.
5 GARAGE ON DELAWARE, LLC, APPLICANT/REPUTED .OWNER - 3676
Delaware Avenue TM #96.06-02-53.000 - Taking into consideration the four
findings considered in the "balancing test," the (T) Cortlandville ZBA has
determined that the benefit to .the applicant outweighs the detriment .to the 07
neighborhood /community, and GRANTS the Use Variance for a structure to be
used for auto detailing, and also requests that the Town Planning Board act as
Lead Agency under SEQRA.
6 CHRISTOPHER HENRY, APPLICANT/CHRISTOPHER HENRY HOLDINGS,
REPUTED OWNER - 765 NYS Route 13 - TM.#105.00-03-06.200 - Request for
Use Variance for drive-thru coffee business POSTPONED to allow appellant O q
additional time to provide a more detailed site plan :as set forth in the Cortland
County Planning Board's Resolution No: 16-04.
7 DAVID McMASTERS, APPLICANT/REPUTED OWNER - 4216 McCloy Rd. - TM
#85.00-05-05.211 & 212 -Taking into consideration the four findings considered in
the "balancing test" and the information provided, the (T) Cortlandville ZBA has O
determined that the detriment to the neighborhood/community outweighs the
benefit to the applicant and DENIES the Use Variance to allow for mining in an
Agricultural District.
8 APPROVED ZBA PUBLIC HEARINGS/MEETING. MINUTES OF 26 JANUARY
2016, as -submitted. I
Joary . fEli,�BoaSe'cre>Eary
• Emailed copy to: Karen/Kris, TB, JF, JA, JBF, DD, BW, & DC on 2/23/16. JEF
INDEX OF ACTIONS - 201.6
(T)CORTLANDVILLE ZONING BOARD OF APPEALS
MEETING 1 PAGE
- DATE I ACTION NO. a DESCRIPTION NO.
3/29/16 9 CHRISTOPHER HENRY, APPLICANT/CHRISTOPHER HENRY HOLDINGS,
REPUTED OWNER 765 NYS Route 13 L -TM #105.00-03-06.200 - Request for _
Use Variance for drive-thru coffee business POSTPONED until next month's I
_ meeting to allow -appellant additional time to provide a more detailed site plan as
set forth in the Cortland County Planning Board's Resolution No. 16-04. of 17-
February2016.
10- DANIEL CARPENTER, APPLICANT/REPUTED OWNER -643 Lime Hollow Road
- TM #95.15-03-22.000 -'Use. Variance .GRANTED to allow for an Agricultural use
(chickens) on a lot with an, area less than allowed; :as requested..
11 PREMIER,. SIGN ' SYSTEMS, APPLICANT/UNITED REFINING, REPUTED
OWNER - 312 Tompkins Street - TM -#96.09-02-41.000 - Variance GRANTED to '
allow for a building -mounted sign to be illuminated, as requested.
12 : APPROVED ZBA MEETING MINUTES OF 23 FEBRUARY 2016, as submitted.
13 Town of Cortlandville ZBA goes into Executive Session for purpose of discussing
pending litigation (Leach & McMasters).
14 Town of Cortlandville ZBA comes out of Executive Session held for•. purpose of
discussing pending litigation (Leach & McMasters). NO ACTION TAKEN.
Joa itch, Board'Secreta- ry
Emailed copy to: Karen/Kris, TB,_JF, JA, JBF, DD, BW, & DC on 3/30/16. JEF
15
15
INDEX OF ACTIONS - 2016.
(T)CORTLANDVILLE ZONING BOARD OF APPEALS
-,MEETING
DATE IACPAGE TIONNO. DESCRIPTION NO
4/26/16 15 LEACH PROPERTIES, LLC, APPLICANT/SUIT-KOTE CORP., REPUTED
OWNER - Lorings Crossing Road - TM #s 77.00-04-11.111 & 11.112 - The
Cortlandville Town:ZBA agrees to re -hear, if necessary, an application to allow for
the expansion of a junk yard (see Action #29 of 2015), but not until after they have
heard the judge's decision, and ask the Town Planning Board to act as Lead
Agency under SEQRA; if necessary.
16 APPROVED ZBA MEETING MINUTES OF 29 MARCH 2016, as submitted.
Zq
Joa .;if@fi,_Boa�rd-Secrefary
Emailed copy to: Karen/Kris, TB, JF, JA, JBF, DD, BW, DC & KM on 4/27/16. JEF
INDEX OF ACTIONS - 2016
(T)CORTLANDVILLE ZONING BOARD OF APPEALS
EETING PAGE
w DATE ACTION NO. DESCRIPTION NO.
5/31/16 17 'ANGELINE MCCLORY, APPLICANT/DONALD & ANGELINE McCLORY,
REPUTED OWNERS - 1086 Starr Road - TM #96.09-04-13:000 - Area variance 3
GRANTED for front yard less than allowed, as requested. -
18 ROGER WAGNER, APPLICANT/CHRISTOPHER CALABRO,'REPUTED OWNER
- 873 NYS Route 13 (former Ponderosa) - TM #95.16,02-72.000 - Area variance
GRANTED, as requested, with illuminated sign to be turned off one hour after 31:
closing.
19 LEACH PROPERTIES, LLC, APPLICANT/SUIT-KOTE CORP., REPUTED
OWNER - Lorings. Crossing Road - TM #s 77.00-04-11.1.11 & 11.112— The „32
Cortlandville Town ZBA DENIES Pam Jenkins' request -to ask PZO Weber to issue
a Stop Work Order and Injunction, and obtain an Order for removal of the raised
road/platform areas, because PZO Weber acted appropriately.
20 LEACH . PROPERTIES, LLC, APPLICANT/SUIT-KOTE CORP., REPUTED
OWNER - Lorings Crossing Road - TM #s 77.00-04-11.111 & 11.112 -: Because of 33
the,County of. Cortland Supreme Court Decision & Order of 23 May 2016 .(Index
No. 2015-720), the Town of Cortlandville ZBA RESCINDS Action #15 of 26 April
2016 in which it agreed to re -hear the application to expand a junk yard.
•
Jo
a itch, Board Secretary
Emailed copy.to: Karen/Kris, TB, JF, JA, JBF, DD, BW, DC & KM on 6/01/16. JEF
:0-
INDEX OF ACTIONS - 2016
(T)CORTLANDVILLE ZONING BOARD OF APPEALS
MEETINGJACTIONNO.
PAGE
DATE DESCRIPTION J NO.
6/28/16 21 PHI NGUYEN, APPLICANT/REPUTED OWNER - 762 MYS Route 13- - TM
#105.11-01-01.000. - Area Variance GRANTED -with option of one sign 3�
perpendicular to the road OR two signs in a "V," side by side, with a maximum of Z
feet from the ground to the top of the sign; in the middle of the property on existing
blacktop.
F
i
22 APPROVED MINUTES OF 4/26/16 AND 5/31/16 ZBA MEETINGS, as submitted.
36
Y'
J-�,
Joa itchw,_ Board*Secr�ry
Emailed copy to: Karen/Kris, TB, JF, JA, JBF, DD, BW, DC & KM on 6/29/16. JEF
INDEX OF ACTIONS - 2016
r
Joan. itch, Board Secretary
Emailed copy to: Karen/Kris, TB, JF, JA, JBF, DD, BW, DC & KM on 7/27/16. JEF
(T)CORTLANDVILLE ZONING BOARD OF APPEALS
m_- "MEETING
PAGE
DATE ACTION NO.
DESCRIPTION
NO.
7/26/16 23
O'SHEA TIRE, APPLICANT/RICHARD BORRA, REPUTED OWNER - 270
Tompkins Street (1109 NYS Rte. 13) -- TM #96.05-01=20.000. - Variance
GRANTED for illumination of building -mounted sign, as requested, with
31
illumination to be turned off by 10 p.m.
24
AMERICU CREDIT UNION, , APPLICANT/LB-UBS 2007-C6-CORTLAND
STATION, LLC, REPUTED OWNER - 3944 NYS Rte. 281 - TM # 86.13-01-65.100
- Variance GRANTED for a building -mounted sign to be illuminated, as requested.
31
25
APPROVED MINUTES OF 6/28/16 ZBA MEETING, as submitted.
31
26
LEACH PROPERTIES, LLC, APPLICANT/SUIT-KOTE CORP., REPUTED
OWNER - Lorings Crossing Road - TM #s 77.00-04-11.111 & 11.112 -
(T)Cortlandville ZBA REQUESTS the (T)Cortlandville Planning Board to act as
3p
11
Lead Agency under SEQRA.
r
Joan. itch, Board Secretary
Emailed copy to: Karen/Kris, TB, JF, JA, JBF, DD, BW, DC & KM on 7/27/16. JEF
INDEX OF ACTIONS - 2016
(T)CORTLANDVILLE ZONING BOARD OF APPEALS
IMEETINGPAGE
DATE' ACTION NO. DESCRIPTION NO.
9/13/16 27 ROYAL CHEVROLET- APPLICANT/STATESMAN - OF CORTLAND', LLC,
REPUTED OWNER - 3838 NYS Route 281 - TM #86.17-01-10.211 - Variance
- GRANTED for illuminated building -mounted sign, as requested, with illumination to
be turned off within one hour after closing, or no later than 10 p.m.
28 APPROVED MINUTES OF 7/26/16 ZBA MEETING, as submitted..
Joan. itch, Board Secretary
Emailed copy to: Karen, TB, JF, JA, JBF, DD, .BW, DC & KM on 9/14/16. JEF
INDEX OF ACTIONS - 2016
(T)CORTLANDVILLE ZONING BOARD OF APPEALS
' MEETING PAGE
DATE ACTION NO. I DESCRIPTION- NO.
9/27/16 29 LORNA MAE WALL, APPLICANT/REP_ UTED OWNER - 613 Lime Hollow Road -
TM. #95.00-06-06.000 -!Use Variance GRANTED for proposed temporary storage
building until 1 April 2017.
30 APD ENGINEERING & ARCHITECTURE, PLLC, APPLICANT/ALDI, INC.,
REPUTED OWNER - 908 NYS Route 13 - TM #95.16-02-45.000 - The Town of
Cortlandville Zoning Board of Appeals requests that the Town Board act as
Lead Agency under SEQRA for the proposed new Aldi store at such time as
a complete application.is received.
.q&
Joan itch, Board Secretary
Emailed copy to: Karen, TB; JF, JA, JBF, DD, BW, DC & KM on 10/5/16. JEF
INDEX OF ACTIONS - 2016
(T)CORTLANDVILLE ZONING BOARD OF APPEALS
MEETINGPAG
JACTIONNO.
1 DESCRIPTION NO. DATE
.0/25/16 31 MATTHEW & AMY HEGEDUS; APPLICANTS/REPUTED OWNERS = 3698
Delaware Ave. - TM #96.06-02-17.000 - Variance. GRANTED to allow front porch
setback closer to property line than allowed, as requested.
m
Joan itch, Board Secretary
Emailed copy to: Karen, TB, JF, JA, JBF, DD, BW, DC & KM on 10/27/16. JEF
H
FED ? 3 2016
TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS
Public Hearing/Meeting Minutes - Tuesday, 26 January 2016 - 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 Joan E. Fitch, Board Secretary
Thomas Bilodeau John B. Folmer, Town Attorney
Lenore LeFevre
Joanne Aloi
Applicants & Public Present
,Attorney Patrick Snyder for McMasters Interpretation; David Sanford, Applicant; Jon & R.
Sanford, Trudy Segovis, Sharon Stevans (Ch. 2 Volunteer), Todd Miller, Pam Jenkins.
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 13 January 2016, 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 26, 2016 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 1-986-
Zoning
986Zoning Law:
1. In the matter of the application of David & John Sanford f6r property located
on 3303 US Route 11, Tax Map No. 108.00-01-02.200, for a variance in the
terms and conditions of Article Ili, Section 178-11, to allow for a car lot and
woodworking shop.
2. Zoning Text Interpretation of Article XIX, Section 178-116.
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.)
I PUBLIC HEARING #I I
David Sanford. Applicant/Reputed Owner - 3303 US Route 11 - TM #108.00-01-02.200 =
Use Variance for Car Lot & Woodworking Shop
Chairman Plew recognized the applicant who was appearing before this Board for the second
time, having appeared at the 29 December 2015 Z8A meeting also requesting a Use Variance to
conduct a used automobile sales business and a woodworking shop at this location. At that
meeting, a Public Hearing was held and closed, with the appellant asked to return to a future
meeting with additional information as indicated in the Cortland County Planning Board's
Resolution No. 15-36 of 21 December 2015 wherein they recommended denial of the application.
Reference is made to those Minutes.
Page 1 of 5
FEB ? 3 2015
Minutes - Public Hearings - (T) Cortlandville Zoning Board of Appeals 26 January 2016
Mr. Sanford submitted a map from the NYSDOT which indicated their right-of-way line on his
property. Member Lenore LeFevre asked about the placement of the proposed 14 ft. by 20 ft.
woodworking shed, and PZO Weber stated that the shed, where indicated on the map, was not a
problem.
Parking was discussed in relation to the right-of-way. Mr. Sanford stated he presently has 12
cars on the road to escort oversized loads. The vehicles parked there are all currently being
used. PZO Weber commented that it's up to the NYSDOT whether or not the vehicles can be
parked in the ROW. Mr. Sanford stated that the sale cars will be parked between the two
buildings.
Chairman Plew asked if there was anyone present who wished -to speak regarding the requested
variance; there was no one.
With everyone heard who wished to be heard,
Chairman Plew closed the Public Hearing at 6:40 p.m.
DISCUSSION/DECISION
Chairman Plew stated it was his opinion that the requested variance should be denied; he did
not know what the NYSDOT will do. He thought there should be two applications, one for the
car lot and one for the woodworking shop. PZO Weber advised the Board that they could
approve and/or deny a specific use by dealing with them singularly.
Chairman Plew then asked the applicant to explain his hardship if the variance was denied. Mr.
Sanford responded that if denied, the property would have no practical use for which it was .
purchased. He did not know about the ROW when he obtained possession through a Quit Claim
Deed; the property was Chairman Plew then asked John Sanford, David's brother who planned
on using the woodworking shed, to describe his hardship, and John replied it would be the same
L as his brother's.
Chairman Plew then asked the applicant about the "junk" occupying the subject property, and
Mr. Sanford said he has been "getting rid of it."
After an extensive discussion, the ZBA conducted the required "balancing test," as follows:
1. Can the applicant realize a reasonable return, provided that lack of return
is substantial as demonstrated by comtietent financial evidence?
Board's Finding: Yes, there are not many uses for this type of property
(Aloi, Bilodeau, LeFevre, Finn). (Abstain: Plew).
2. Is the alleged hardship relating to the Droperty in auestion unique and
does not apply to a substantial portion of the district or neighborhood?
Board's Finding: Yes. All agreed.
3. Will the requested use variance, if granted, alter the essential character of
the neighborhood?
Board's Finding: Yes. All agreed.
4. Is the alleged hardship self-created?
Board's Finding: No (Aloi, Bilodeau, Finn); Yes (Plew, LeFevre).
A motion was then made by Member John Finn to grant the Use Variance to allow for a car
lot and woodworking shop, as requested, and ask that the Town of Cortlandville Planning
Page 2 of 5
a)
03
FEB ? 3 2016
Minutes - Public Hearings - (T) Cortlandville Zoning Board of Appeals
Board act as Lead Agency under SEQRA.
Bilodeau, with the vote recorded as follows:
Ayes: Member Bilodeau
Member Finn
Member Aloi
Motion passed.
26 January 2016
The motion was seconded by Member Tom
Nays: Chairman Plew
Member LeFevre
This becomes Action # 1 of 2016.
PUBLIC HEARING #2
Zoning Text Interpretation, Article XIX, Section 178-116 - David McMasters' Pond
Excavation °- Off McClov Road
Chairman Plew recognized Attorney Patrick M. Snyder who, by letter dated 3 December 201.5;
had appealed PZO Bruce .Weber's interpretation of the Cortlandville Zoning Law as it applied to
Mr. McMasters' pond excavation project. Attorney Snyder then asked to have this interpretation
referred to this Board for its interpretation in accordance with the procedures set forth in Town
Law Section 267-b.
Attorney Snyder addressed the Board and gave his reasoning for asking the ZBA's interpretation. .
He also submitted copies of three cases which he felt substantiated his belief that PZO,Weber's
interpretation was in error. PZO Weber's interpretation, as contained in his memo to this Board,
is as follows:
January 13, 2016
To:ZBA,
RE:�Gravel mining interpretation
.In 2008 the Town amended Chapter 178 to- limit gravel mining- to. the 1-2 District. Article- XIX,
supplemental regulations, are meant as additional'regulations required for special uses. 178-114 clearly
states that the purpose of this article is to list additional regulations:required for special uses. By listing
gravel, mines the Code is acknowledging that this is a special use. In order to get to 178-116 you first
have to go through Articles III thru IXA to determine if the use is allowed. This is similar to determining
how you get to Article XIII and XIV. Articles XIII; XIV and 178-116 give guidelines for the Planning Board
as to the requirements for the issuance of a permit., ArticleIII thru,Article IXA specifically address, what
uses are allowed in each district. The only district ,where' gravel mining is permitted is 1-2, therefore a
use variance and Conditional Permitwould be needed for any area outside the 1-2.
Mr. McMasters is proposing more than just an excavation, he -is proposing to mine.materials'for use in,
his construction business, off site, and has applied to the NYS DEC for a mining permit. As such, the
argument that this is not mining, is contradictory. Mr. McMasters ;would not,be bound by the mining
regulations to simply build a pond.
(cont'd on next page)
Page 3 of 5
FEB 2`3 2016
Minutes - Public Hearings -'(T) Cortlindvilk Zoning Board of Appeals 26 January 2016
nly" t Wllllrg
I i ii I I U6, 'not whether d I Your',charg'e here is todet'ofthine 06 h e an. a i
!�te�pr tation'is'regsona
legal challenge.'
If you have any questions please feelfree to call meat 607423674
Slncei6ly,
Bruce'Weber
Zdnin ffi
go icer
Cc: John Folmer,'Esq, Town Attorne'y
An extensive back -arid -forth discussion-: was held. Town Attorney Folmer statedthat he a&.eed
with Attorney Snyder, but that was not "this Board's determination. You are to decide whether
or not PZO Weber's interpretation is reasonable."
With everyone heard who wished to be heard,
Chairman Plew closed the Public Hearing at 7:12 p.m.
DiscusSION/DECISION.
With no -further. discussion, a motion was made - by Member Finn- that the. Town of
Cortlandville Zoning Board of Appeals determines that the 13 January 2016 interpretation
of Article XIX, Section" 178-116 of the zoning text by: Planning & Zoning. -Officer Bruce
Weber is reasonable.. The motion was seconded.by Member- Bilodeau$ with the vote recorded
as follows!
Ayes: Chairman,-Plew Nays: None
Member Finn
Member Biloddau
Member LeFe.vre
Member Aloi
Motion passdd.':
This becomes Action #2 of 2016.
APPROVAL OF MINUTES —1.& 29 DECEMBER 2015
A motion was made byMember',Finn to approve the Minutes of the 1 December and 29
December 2019 Public Hearings, as submitted. The motion was seconded. by Member Aloi,
with the vote'recorde'd as follows:
Ayes: Chairman Plew Nay's: None
Member Finn
Member. Bilodeau
Member LeFevre
Member Aloi
Motion passed..
ADJOURNMENT:
Thi's becomes Action #3 o -f-2016.
Page .4 of 5
0
05
FEB ? 3 2016
Minutes - Public Hearings : (T) Cortlandville Zoning Board of Appeals 26 January 2016
At 7:15 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/KP, Bd. Members, JBF
BW, DD, DC on 2/22/16,
Page 5 of 5
ATTENDANCE SHEET
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VIAR 14 2016
TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS
Public Hearings/ Meeting Minutes - Tuesday, 23 February 2016 - 5:30 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 Joan E. Fitch, Board Secretary
Thomas Bilodeau John B. Folmer, Town Attorney
Lenore LeFevre
Joanne Aloi
Auulicants & Public Present
John Shipe, Applicant; Attorney William J. Pomeroy for Garage on Delaware, LLC, Applicant;
Christopher Henry, Applicant; Attorney Patrick Snyder for David McMasters, Applicant; John
Woodward, Brian Malchak, Alan MacDonald, Tricia (?) Woodward, Rona Knobel, Clayton
Bennett, David McMasters, Fred Cutia, Pam Jenkins, Garry Haraveth, Dean O'Gorman, W. Dean
Teeter, Nancy Connelly, Barbara Weir, Karen Haight, Kevin Whitney, Gary Lyon, Kate Hudson,
Anthony DeRado, Kim Slater, David McCloy, John DelVecchio, Chris Tier, Sharon Stevans (Ch. 2
Volunteer).
The Public Hearings were opened at 5:30 p.m. by Chairman David Plew, who read aloud the
Legal Notice as published in the Cortland Standard on 12 February 2016, 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 23, 2016 at 5:30 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 John Shipe for property located at 4065
Highland Road, Tax Map No. 85.11-01-18.000, for a variance in the terms and
conditions of Article IV, Section 178-17 A (1) Bulk Regulations, to allow for a
rear yard less than allowed.
2. In the matter of the application of Garage on Delaware, LLC, for property
located at 3676 Delaware Avenue, Tax Map No. 96.06-02-53.000, for a
variance in the terms and conditions of Article V, Section 178.21, to allow for a
structure to be used for Auto Detailing.
3. In the matter of the application of Christopher Henry for property located at
4065 Highland Road, Tax Map No. 105.00-03-06.200, for a variance in the
terms and conditions of Article 1K A, Section 178-40.3, to allow for a drive-thru
Coffee Business.
4. In the matter of the application of David McMasters for property located at
4016 McCloy Road, Tax Map No. 85.00-05-05.211 & 05.212, for a variance in
the terms and conditions of Article Iii, Section 178-11, to allow for mining in an
Agricultural District.
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 7
MAR 14 2016
Minutes - Public Hearings - (T) Cortlandville Zoning Board of Appeals 23 February 2016
PUBLIC HEARING ii
John Shive. Avplicant/John Shine & Beth Vandine. Revuted Owners - 4065 Highland Road
- TM #85.11-01-18.000 - Area Variance for Rear Lot Setback
Chairman Plew recognized the applicant who was appearing before this Board seeking an area
variance to construct a 16 ft. by 18 ft. family. room addition on the rear of his home. The
addition would fall 26.5± feet from his rear property line, and a 40 -foot setback is required.
Chairman Plew asked if there was anyone from the public who wished to speak on this matter;
there was no one.
With everyone heard who wished to be heard,
Chairman Plew closed the Public Hearing at 5:35 p.m.
DISCUSSION/DECISION
After a very brief discussion, a motion was made by Member Lenore LeFevre to grant the
Area Variance to allow for a rear yard less than allowed, as requested. The motion was
seconded by Member John Finn, with the vote recorded as follows:
Ayes: Chairman Plew Nays: None
Member Finn
Member Bilodeau
Member LeFevre
Member Aloi
Motion passed.
This becomes Action #4 of 2016.
I PUBLIC HEARING #2 1
Garage on Delaware. LLC. Applicant/Reouted Owner - 3676 Delaware Avenue - TM #96.06-
02-53.000 - Use Variance for Structure to be Used for Auto Detailing Business
Chairman Plew recognized Attorney William Pomeroy, representing the applicant who was
appearing before this Board seeking a use variance to change the use of an existing storage
building to a car washing/ detailing facility for use by its adjacent automobile repair shop. It is
noted that this variance was considered and denied on 29 September 2015, with a re -hearing
granted on 1 December 2015. (Reference is made to those Minutes for additional information.)
Brian Malchak, principal of the applicant, gave those present the background of the property and
himself. He read a prepared statement. Attorney Pomeroy displayed a map of the property and
presented a lengthy description of the property's purchase/zoning/use over the years. The
garage has been there 55 years and has been conforming, then non -conforming. A booklet
containing photos of the subject property along with the area/use of the combined parcels was
submitted for the Board's review.
Attorney Pomeroy also commented on Attorney Russell Ruthig's 19 February 2016 letter to this
Board wherein he, representing three neighbors of the subject property, asked the Board to
reverse its previous denial of the requested use variance. A copy of that letter has been placed
on file for the record.
Attorney Pomeroy then went through responses to the "balancing test" which were contained in
his letter to the Board of 8 February 2016, a copy of which has also been placed on file for the
record. He also added hat nothing is changing in the footprint of the property, proposed
detailing will be done inside the building and not visible to the neighbors. The character of the
neighborhood will not change "one iota."
Page 2 of 7
07
MAR 1 4 2016
Minutes - Public Hearings - (T) Cortlandville Zoning Board of Appeals 23 February 2016
Chairman Plew asked if there was anyone present from the public who wished to speak on this
matter; there were, as follows:
John Woodward - 1274 Louise Drive - Showed aerial photos to Board and described
various changes to the property over the years. Gave history of the two properties.
Concerned about additional traffic. Where does it stop? Granting of variance could
affect property values. Applicant created his own hardship. Where do we draw the
line? What happens if he sells the property? Against granting of variance.
PZO Weber explained Use Variance. Member LeFevre asked if cars are being
washed out front. Mr. Woodward answered yes.
Kevin Whitnev - 3689 Delaware Avenue - Lived there for 10± years. Very busy
neighborhood. Liked improvements that applicant has made. Lots of foot traffic in the
area. This business is part of the neighborhood.. Variance should be granted.
Garry Haraveth - 24 Louise Drive - Has not observed traffic during the day, but has
seen increase after 4 p.m. What will be done with the building in the front? Why not
obtain the variance before purchasing the property? Saw a flatbed going down Louise
Drive with car on it. Do not allow this variance.
Brian Malchak explained that front building is used for car repairs. Member
LeFevre asked about detailing in the front building. Mr. Malchak explained there's
only one bay that could be used for detailing as it has an 8 -ft. ceiling that can't
accommodate a lift for car repairs. Member Joanne Aloi asked about unlicensed
vehicles and junk she observed in the back of the building. Mr. Malchak responded
it was not a used car lot; they are vehicles that, once repaired, are taken to auction.
Alan MacDonald - 1268 Louise Drive - Was just a body shop; Gary ran a clean
operation. Front lot was kept empty of cars. Complained about increase in traffic.
They should have a business plan before they started and get approvals ahead of time.
Not enough thought given to this. Doesn't like idea of more traffic and expansion of
business from one generation to next generation. Opposed to granting of variance.
Dean O'Gorman - 23 Louise Drive - Property has definitely been cleaned up and looks a
lot better. Has not seen an increase in traffic, but is new to the neighborhood.
Supports granting of the variance.
Fred Cutia - 66 Delaware Avenue - Lived there for over 25 years. Place is cleaned up
and looks immaculate. Not seen any increase in traffic. Affects me more than anyone;
lives directly across the street. It's always going to be a garage and would like him to
stay. Supports granting of the use variance.
Chairman Plew asked Mr. Malchak for the business' operating hours, and Mr.
Malchak stated from 8 a. m. to 5 p. m., Monday thru Friday, and from 8 a. m. to noon
on Saturdays. On Sundays, he does bookwork there, but business not open to
public.
Barbara Weir - 61 Delaware Avenue - Lived for 8± years next door to garage. Prefers
detailing to be done out back. When they park cars in driveway, she can't see to get out
of her driveway. Better if detailing is done in back. Traffic increase is mostly teenagers.
Better if noise is kept in the back. Supports granting the variance.
Mr. Malchak stated it is not unusual to see a two truck at the property.
Nancv Connellv - 3684 Delaware Avenue - Doesn't see any more traffic than normal.
Only 2 or 3 cars in front. Building has been nicely painted. These business people are
respected. Supports granting the variance.
Page 3 of 7
mo
MAR 1 4 2016
Minutes - Public Hearings - (T) Cortlandville Zoning Board of Appeals 23 February 2016
Anthonv DeRado - 21 Louise Drive - The place looks nice. Request is about business
loss per year. Only can recoup loss by increasing business which will increase traffic.
It's about recouping the $10,000. It's about expansion. Doesn't believe expansion is
good for the neighborhood. Expansion now is expansion later. This is not the
neighborhood for it. Fears what may come the next time Against granting the variance.
Gary Lvon - 11 Chestnut Street - City of Cortland - Will make the business easier, to
use. Supports granting the variance.
Karen Haight - 60 Delaware Avenue - Lived here since 1956. Glad the business is there
and has seen no increase in traffic because of the business. Supports granting the
variance.
With everyone heard who wished to be heard,
Chairman Plew closed the Public Hearing at 6:46 p.m.
DISCUSSION/DECISION
The Board discussed the requested variance. PZO Weber explained that if the variance is
granted, the application would then proceed to the Town Planning Board for a Conditional
Permit. Town Attorney John Folmer explained the procedure and what the Planning Board can
do. Use Variance criteria was reviewed by the Board.
After their discussion, the ZBA conducted the required "balancing test," as follows:
1. The applicant cannot realize a reasonable return, provided that lack of
return is substantial as demonstrated by competent financial evidence?
Board's Finding: Yes. All agreed.
2. Is the alleged hardship relating to the property in question unique and
does not apply to a substantial portion of the district or neighborhood?
Board's Finding: Yes. All agreed.
3. The requested use variance, if Granted, will not alter the essential
character of the neighborhood?
Board's Finding: Yes. All agreed.
4. The alleved hardship has not been self-created?
Board's Finding: Yes. All agreed.
With no further discussion, a motion was made by Member Tom Bilodeau that, taking into
consideration the four findings considered in the Balancing Test, the Town of Cortlandville
Zoning Board of Appeals has determined that the benefit to the applicant outweighs the
detriment to the neighborhood/ community, and grants the Use Variance for a structure to
be used for auto detailing, and also requests that the Town Planning Board act as Lead
Agency under SEQRA. The motion was seconded by Member John Finn, 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 2016.
1 PUBLIC HEARING #3 1
Christopher Henrv. Applicant/Christopher Henry Holdinrs. Reputed Owner - 765 NYS
Route 13 - TM #105.00-03-06.200 - Use Variance - Proposed Drive-Thru Coffee Business
PZO Weber suggested to the Board that they follow the Cortland County Planning Board's
recommendation to table this matter as contained in their Resolution No. 16-04 of 17 February
Page 4 of 7
MAR 1 n 2016
Minutes - Public Hearings - (T) Cortlandville Zoning Board of Appeals 23 February 2016
2016. Tabling was recommended until such time that the "applicant submits a more detailed
1 Site Plan, drawn to scale, that more clearly illustrates the stacking of vehicles onsite to minimize
the amount of potential vehicles encroaching onto NYS Route 13 during peak times."
With no further discussion, a motion was made by Member Finn to postpone the request
for a Use Variance for a drive-thru coffee business to allow the appellant additional time to
provide a more detailed Site Plan as set forth in the Cortland County Planning Board's
Resolution No. 16-04 of 17 February 2016. The motion was seconded by Member 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 06 of 2016.
I PUBLIC HEARING #4 1
David McMasters. Avulicant/Reputed Owner - 4216 McClov Road - TM #s 85.00-05-05.211
& 212 - Use Variance to Allow Mining in an Agricultural District
Chairman Plew recognized the applicant (a contractor) and his attorney, Patrick M. Snyder. Mr.
McMasters explained that he wanted to finish a pond on his property that he had already
started. The existing 2± -acre pond is proposed to be enlarged to 9.5± acres. An undated
narrative explaining exactly what was being proposed accompanied the application for a Use
Variance. A copy of this narrative has been placed on file for the record. The materials
excavated, he stated, would be used offsite on his construction projects. The NYSDEC requires a
Mining Permit to deposit excavated materials offsite.
Chairman Plew asked if there was anyone from the public who wished to speak on this appeal;
there were, as follows:
John DelVecchio - 507 Hov Road - Owns a nearby property. Displayed an aerial photo
and indicating where flooding has occurred in the area. He gave a history of the
property. Appellant brings in equipment to excavate/crush materials. Not using the
pond for recreation as it claims; it is a mining operation. Mr. DelVecchio submitted his
comments, in writing, as attached to these Minutes. Some stone was sold. Against
granting of use variance.
Attornev Patrick M. Snvder - 70 Port Watson Street - Cortland - The pond will reduce
the likelihood of flooding and should also help the runoff situation in the area.
With everyone heard who wished to be heard,
Chairman Plew closed the Public Hearing at 7:38 p.m.
Page 5 of 7
H
MAR 14 2016
Minutes - Public Hearings = (T) Cortlandville Zoning Board of Appeals 23 February 2016
DISCUSSION/DECISION
The ZBA then conducted the required "balancing test," as follows:
1. The anDlicant -cannot - realize a reasonable return. Drovided that lack of
return is substantial.'as demonstrated by competent financial evidence?
Board's Finding: No. All agreed.
.2. Is the alleged hardship relating to the Dro.Derty in .auestion unique and
does not aDnly to a substantial Dortion of the district or neighborhood?
Board's Finding: No. All agreed.
3. That the reauested use variance, if granted, will not alter the essential
character of the neighborhood?
Board's Finding: No. All agreed.
4. That the alleged hardship not been self-created?
Board's Finding: No. All agreed.
With no further discussion, a motion was . made by Member Finn ;that, taking into
consideration the four findings considered in the Balancing Test, the Town of Cortlandville
Zoning Board of Appeals has determined that the detriment to the
neighborhood/ community outweighs the benefit to the . applicant, and denies the Use
Variance to allow for mining in as Agricultural District. The motion. was seconded by
Member Aloi, with the vote recorded as follows:
Ayes: Chairman Plew Nays:_ None
Member Finn .
Member Bilodeau,
Member LeFevre
Member Aloi
Motion passed.
This becoines Action #7 of 2016.
APPROVAL OF MINUTES — 26 JANUARY 2016
A motion was made by Member Finn to approve the Minutes of. the 26 January 2016 Public .
Hearing, 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 #8 of 2016.
ADJOURNMENT
At 7:45 p.m., on a motion by Member Bilodeau, seconded by Member Finn, with everyone
present voting in the affirmative, the meeting was adjourned.
t
J E. Fitch, Board Secretary Emailed to KS/KP, Bd. Members, JBF,
BW, DD, DC on 3/12/16.
Page 6 of 7
MA19 1 4 2016
Minutes - Public Hearings - (T) Cortlandville Zoning Board of Appeals 23 February 2016
ATTACHMENT: Comments prepared by and received from John DelVecchio at 2/23/16 Public
Hearing re McMasters Request for Use Variance:
HE PURCHASED THE PROPERTY IN 2009.
THE POND DID NOT EXIST IN 2009 PER THE SURVEY MAP.
MCMASTERS PROPOSES REMOVING 11,000 CUBIC YARDS PER
YEAR TIMES 16 YEARS =176,000 CUBIC YARDS
176,000 DIVIDED BY 5 ACRES = 35,000 CUBIC YARDS PER ACRE
MCMASTERS STATES THAT HIS EXISTING POND IS 3 ACRES, IN
WHICH THE "OVERBURDEN" WOULD =105, 000 CUBIC YARDS OF
MATERIAL
B. WHERE IS THE "OVERBURDEN" ON THE EXISTING 3 ACRE
POND?
WHERE DID THE 105,000 CUBIC YARDS OF MATERIAL
(EQUALIVALENT TO 7,000 TRUCK LOADS) GO?
RMS GRAVEL FROM FREEVILLE, N.Y. BROUGHT EQUIPMENT
ONTO THE PROPERTY AND CRUSHED SHALE MATERIAL FROM
THE POND.
THIS MATERIAL, WAS REMOVED DELIVERED AND SOLD BY
MCMASTERS TO FARMERS THAT HE INSTALLED MANURE PITS.
THE TOM BELL FARM AND THE HEAD FARM LOCATED ON
FOSTER-MOORE ROAD WERE JUST SOME OF HIS CUSTOMERS.
THE DISTURBANCE OF MORE THAN 1 ACRE REQUIRES A STORM
WATER POLLUTION_ PLAN WHICH IS NOT A PART OF THIS
APPLICATION
Page 7 of 7
I?-
Page
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_ZONINP- :^L- S--Meetri—&
MAR 3.1 2016
TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS
Public Hearings/Meeting Minutes - Tuesday, 29 March 2016 - 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 Joan E. Fitch, Board Secretary.
Thomas Bilodeau John B. Folmer, Town Attorney
Lenore LeFevre
Joanne Aloi .
Avulicants & Public Present
Deborah Garrett for- Premier Sign Systems, Applicant; Greg & Barb Leach, Pat Leach, Andrea'
Niggh, Patrick Sweeney, Andrea Stone, Steve Terwilliger, Peter Blanchard (Reporter), Tyrone
'Heppard (Cortland Standard Reporter), Sharon Stevans (Ch. 2 Volunteer).
The Public Hearings were opened at 6:29 p.m. by Chairman David Plew, who read aloud the
Legal Notice.as, published in the Cortland Standard on 18 March 2016, 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 29, 2016 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 Christopher Henry for property located at
- 4065 Highland Road, Tax Map No. 105.00-03-06.200, for 'a variance in the
terms and conditions of Article IX A, Section 178-40.3, to allow for a drive-thru
Coffee Business.
2. In the matter of the application of Daniel Carpenter for property located at 693
- Lime Hollow Road, Tax Map No., 95.15-03-22.000, for a variance in the terms
and conditions of Article IV, Section 178.18 B (1), to allow for an Agricultural
use on a lot with an area, less than allowed.
3.- In the matter of the application of Premier Sign Systems for property located at
312 Tompkins Street, Tax Map No. 96.09-02-41.000, for a variance in the
terms and conditions of Article XVIII, Section ,178-112 Table 1, to allow for a
building -mounted sign to be illuminated.' -
The above applications are open to inspection at the office of Bruce A. Weber, Planning
8s 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
MAR 3 1 2016
Minutes - Public Hearings - (T) Cortlandville Zoning Board of Appeals 29 March 2016
PUBLIC HEARING # 1
Christopher Henrv. Avvlicant/Christopher Henry Holdings. Reputed Owner - 765 NYS
Route 13 - TM #105.00-03-06.200 -. Use Variance - Proposed Drive-Thru Coffee Business
PZO Bruce Weber stated that the applicant was, at this time, unable to provide County Planning
with the additional information they had requested. Therefore, postponing this appeal was
recommended until such time that was accomplished.
With no further discussion, a motion was made by Member John Finn to postpone the
appeal for a Use Variance for a drive-thru coffee -business until next month's meeting to
allow the appellant additional time to provide a more detailed Site Plan as set forth in the
Cortland County Planning Board's Resolution No. 16-04 of 17 February 2016. The motion
was seconded by Member Tom Bilodeau, with the vote recorded as follows:
Ayes: Chairman Plew Nays: None
Member Fina
Member Bilodeau
Member LeFevre
Member Aloi
Motion passed.
This becomes Action #9 of 2016.
PUBLIC HEARING #2
Daniel Carpenter. Applicant/Reputed Owner - 643 Lime Hollow Road - TM #95.15-03-
22.000 - Use Variance for Aa Use on Lot Smaller than Allowed
Chairman Plew recognized the applicant who was seeking a variance to construct a 20 ft. by 40
ft. shed off the'end of their existing barn for the purpose of raising two dozen hens for eggs and
meat for their family. The subject property is in an R-1 District.
Chairman-Plew asked if there was anyone present from the public who wished to speak on this
matter; there were none.
With everyone heard who wished to be heard, .
Chairman Plew closed the Public Hearing at 6:33 p.m.
DISCUSSION/DECISION
With no further discussion, a motion was made by Member Lenore LeFevre to grant the Use
Variance, 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 LeFevre
Member Aloi
Motion passed.
This becomes Action #10 of 2016.
Page 2 of 4
14
MAR 3 1 2016
Minutes - Public Hearings - (T) Cortlandville Zoning Board of Appeals 29 March 2016
I PUBLIC HEARING #3 1
Premier Sign Svstems. Auulicant/United Refining. Reputed Owner - 312 Tompkins Street -
TM #96.09-02-41.000 - Illumination of Proposed Building -Mounted Sign
Chairman Plew recognized Deborah Garrett, representing the applicant who was seeking a
variance to illuminate a new "Red Apple" sign on the existing petroleum fueling station, as shown
in the materials accompanying the application. PZO Weber commented that the size of the
proposed sign was not an issue. The fueling facility is open 24 hours per day, seven days per
week, so no limit was placed on the hours of illumination.
Chairman Plew asked if there was anyone present from the public who wished to speak on this
matter; there were none.
With everyone heard who wished to be heard,
Chairman Plew closed the Public Hearing at 6:36 p.m.
DISCUSSION/DECISION
With no further discussion, a motion was made by Member Bilodeau to grant the 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 LeFevre
Member Aloi
Motion passed.
This becomes Action # 11 of 2016.
APPROVAL OF MINUTES — 23 FEBRUARY 2016
A motion was made by Member Finn to approve the Minutes of the 23 February 2016
Public Hearings, 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 #12 of 2016.
I EXECUTIVE SESSION I
At the request of Town Attorney John Folmer a motion was made at 6:38 p.m. by Member
Finn to go into Executive Session to discuss pending litigation (Leach and McMasters). The
motion was seconded by Member 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 #13 of 2016.
Page 3 of 4
15 -
MAR 3 1 2016
Minutes - Public Hearings - (T) Cortlandville Zoning Board of Appeals 29 March 2016
There was no action taken. At 6:45 p.m., a motion was made by Member Finn to come out'
of Executive Session. 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 #14 of 2016.
ADJOURNMENT
At 6:50 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/KP, Bd. Members, JBF,
BW, DD, DC on 3/30/16
Page 4 of 4
I
JUN ' 2016
ATTENDANCE SHEET
T CORTLANDVILLi ZONING BD. OF APPEALS EETING_OF_
(Your attendance is recorded in the meeting Minutes.)
a -
PRINTE13> Name:
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APPEALS Meeting Only
4jjN - 0 2016
TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS
Public Hearings/Meeting Minutes -Tuesday, 26 April 2016 - 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. Joan" E. Fitch, Board Secretary
Thomas Bilodeau John B: Folmer, Town Attorney
Lenore LeFevre
Joanne Aloi
Avolicants & Public Present
'Pam Jenkins, Greg, Barb & Pat Leach, Andrea Niggli, Chad Niggli, Dan Bilodeau, Bob Howe, Bill
& Larie Cifaratta, Nancy Space, Michael Barylski, Attorney Richard Lewis, Victor Siegle, Cheri & "
Chuck Sheridan, ,Sharon Stevans ,(Ch. 2 Volunteer).
PUBLIC HEARING
Leach Properties. LLC - 1813 NYS Route 13 - TM #77.00-04-10.000 - Request for
Rehearing
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 April 2016, 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 '26, -2016 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 request of Leach Properties, LLC for property located. at
1813 Route- 13, Tax Map No. .77.00-04-10.000, as per the terms and
conditions of Article XXI, Section 178-134, a request to rehear the Variance
application previously granted by the ZBA on October. 27, 2015.
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.) _
Chairman David Plew,-asked Town Attorney. John Folmer to provide those present with the
background on this request. Attorney 'Folmer addressed everyone: "Mr. Chairman. -On December
29th of 2015, this Board adopted a motionto unanimously to rehear the application as you have just
described in your. Notice. Your resolutionat that time indicated that you would rehear the matter at.
your February meeting. For a variety, of reasons, that did not"occur; hence the request to rehear
.comes. before you again. I don't need. to remind you that a request to rehear must be based upon a
motion 'made. by one of the members of your Board, and it must be unanimously adopted to
accomplish the consent to rehear." So the first thing that you need to do this eUening is to determine
.whether: or not you' are going to reaffirm the motion that you made in December. Should you decide
'to do that, "by the unanimous vote of this Board; it would be my advice t6 you that you attach to that
resolution a condition that the rehearing will not take place until such time as the litigation, which is
Page 1 of 9
JUN - g 2016
Minutes - Public Hearing - (T) Cortlandville Zoning Board of Appeals 26 April 2016
pending concerning this matter, has been resolved by the Supreme Court. I do not know when that
decision will be forthcoming, but it appears to me that it would be procedurally a problem should
you proceed in advance of that determination because the Court could do one of three things that I
can think of, depending on what else it might decide, but it seems to me that the Court could, one,
annul your earlier determination with regard to the variance in total; secondly, it could delineate
procedural irregularities that it finds and remand the matter to you for further proceedings in
connection with this matter or, three, it could dismiss the Petition. Until you know which one of
those areas the Court has decided- to adopt, your rehearing of this matter, it seems to me, is
premature. Secondly, should you again decide to reaffirm your ability, or your willingness to
rehear this matter, the second thing that you are going to presumably do this evening is to submit a
request to the Cortlandville Town Planning Board that it act as SEQRA Lead Agency. Some have
lost sight of the fact that, as of this minute, the Variance that you granted in October of 2015 is still
alive and well. The mere existence of the litigation does not negate nor annul that Variance. The
Court's decision may, but as of right now the Variance is still in effect. Therefore, the Planning
Board has no jurisdiction at this point to accept a designation as Lead Agency because, pursuant to
the SEQRA regulations, a Lead Agency must be an agency that is, one, involved and, secondly, that
has some approval authority. At this moment, the Planning Board has already made the approval
in connection with the Variance that you granted in October. And so, at the Planning Board
meeting, should you make that request at the Planning Board meeting, it is my intention to advise
them that they should not act on your request to act as Lead Agency until the Court has made a
determination in underlying litigation."
In response to Member John Finn's question, Attorney Folmer added: `7f you did not agree to
rehear, then the Variance that you have in place right now continues until such time as the Court
makes its determination."
Chairman Plew asked if there was anyone present from the public who wished to speak on this
matter; there were, as follows:
Pam Jenkins - 4023 Colleizeview Drive - "I'm a Cortlandville resident, and I'm one of the
Plaintiffs in the Article 78 entitled Jenkins v. Leach and Cortlandville. We expect Judge
Cerio's written Decision any day now and we expect that all of the variances and
approvals and permits which have been granted to Mr. Leach will be annulled. In order to
assist you in your deliberations regarding Mr. Leach's possible reapplication to the ZBA
and Planning Board; I prepared these comments and some photos. So I'll begin with the
chronology, starting with October 1St when the Zoning Officer submitted Mr. Leach's 9 -acre
expansion project located at Lorings Crossing on Route 13 to the Cortland County Planning
Department. Then, on October 16th, the Cortland County Planning Department prepared a
packet of recommendations for the Cortland County Planning Board. On October 24th, I'm
son -y, on October 21St the Cortland County Planning Board passed Resolution No. 15-30
with their recommendations and all of these conditions." Ms. Jenkins then read a portion
of the NYS Environmental Conservation Law, Section 617.3, General Rules, regarding
the SEQRA process. She then continued, "On 10/27, the Cortlandville ZBA granted a
Use Variance to Mr. Leach. They made no reference to SEQRA because it had not been
completed yet. The same night, the Cortlandville Planning Board also met and took action
on Leach's application, granting a few things like a subdivision/lot line adjustment, a
Special Permit for Flood Hazard Areas, and a Conditional Permit for Aquifer Protection
District. The Cortlandville Planning Board recommended that the Cortlandville Town
Board be Lead Agency for SEQRA which had not yet been completed although you realize
that two boards already took application. Mr. Leach, at that time at the Planning Board,
told the Board that he had begun clearing the land before he purchased it. On November
4th I spoke during Privilege of the Floor, to the Cortlandville Town Board voicing my
objections for what had occurred to date. Mr. Folmer instructed me to file Article 78 if I did
not agree with the actions that the ZBA took so far. So then, on November 18th; we had a
Public Hearing. The Cortlandville Town Board granted the Negative Declaration after
filling out a Short Form, just a check -mark exercise, and they granted the Aquifer
Protection Permit. During the Public Hearing, Mr. Leach's attorney, Don Armstrong—
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1Minutes - Public Hearing - (T) CortlandvilleMoningNJo£Appeals 26 April 2016
attorney at the time, handed in a list of equipment that Leach proposed to place on the
nine acres. The public did not see the list of equipment, so we could not comment on the
extensive list of large pieces of equipment which were planned to be placed on the
expansion. So then, on December 4th of 2015 we filed Article 78 through our attorney,
Doug Zamelis (sp?) of Cooperstown. Some of the points we made in our case was that Mr.
Leach did not qualify for the requirements of a Use Variance."
At this point, Attorney Folmer stated, "I don't want to interrupt Ms. Jenkins, but what
she's talking about right now are the same issues that are pending in the litigation which I
have just suggested to you should be resolved before you conduct any rehearing."
Ms. Jenkins responded: "Okay, I'll skip that section. Okay, so we were aware, at the time
that we filed our Article 78, that we could have filed for a Temporary Restraining Order
and ... Preliminary Injunction, but we chose not to. We knew that all of the work Mr.
Leach was doing on his property was done at his own risk to lose. On December 9th, Mr.
Leach filed his Deed with the Cortland County Clerk. On December 29th as Mr. Folmer
indicated, you said you were going to rehear the application in February. You didn't do
that in. February or in March, and you took no action at the March meeting. Then, on
February 9th, oral arguments took place at the Cortland County Courthouse with the
Honorable Judge Cerio presiding. In the meantime, although I did not see it at the time, on
March 4th there was an email from the United States Army Corps of Engineers with an
attached map delineating the area directly behind Mr. Leach's transfer station. That is the
only area they approved for him to disturb or fill. And I will read to you from what they
wrote to him, to Mr. Leach: `No other filling or draining of your property should take place
on the undeveloped areas of your property until the delineation can be completed in the
spring, and the United States Army Corps of Engineers has delineated the boundaries of
the wetlands. Once the delineation has been completed, I would recommend that you
submit the report to this office and request that a jurisdictional determination be
completed.' Okay, when I show you the pictures I will show you that a picture from April
7th which shows the new raised road and raised areas....."
Ms. Jenkins was then interrupted by Mr. Leach's attorney, Richard Lewis, who stated
that "Mr. Chairman, this issue is not on the floor . ." Ms. Jenkins did not stop her
comments, but continued: "which Mr. Leach built after he was told by the Army Corps of
Engineers not to disturb his land. It's very important that you understand this."
Town Attorney Folmer the spoke out: "Ms. Jenkins, the issues that you're discussing,
and I agree with you that they are important and should be considered in their proper
perspective, but I'm wondering whether or not they are not issues that should be
discussed by this Board, if at all, and found to be relevant. At the time of a rehearing,
which this Board has not agreed to..."
Ms. Jenkins then interrupted Attorney Folmer, stating: "Okay, the reason I want to
convince you about this is that Judge Cerio ruled that we have standing and he did not
dismiss our case. He ordered the entire record to be submitted. Our lawyer has to submit
part of it because you did not submit some of the record. So-"
Attorney Folmer responded: "I did not submit things that he felt were relevant and I was
not—"
Ms. Jenkins: "Okay, the notes from the Public Hearing—'
Attorney Folmer: "It's all before the Court at this time."
Chairman Plew then commented that the Board was waiting for the Judge's determination, and
"All of this has much to do with
Page 3 of 9
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Minutes - Public Hearing - (T) Cortlandville Zoning Board of Appeals 26 April 2016
Ms. Jenkins continued, "According to. the Legal Notice, I was told in the Legal Notice that I
could pick up the file from the Town Clerk's Office. I did that. In that file was a letter from
Mr. Lewis talking about how he's going to redo this application, the exact same project,
exact same application, and there was a proposed schedule where it was proposed how
and when the Cortlandville Board should meet and how they should vote. Okay? I am
pretty surprised to have seen that, let me tell you that much. Also there were copies of the
permits and the Environmental Assessment Form. . Now, on the 25th I spoke with Joe
Dugolenski (sp?), the Cortland Regional Manager for the DEC. He had no idea that any
work was taking place on Mr. Leach's property. He told me to call the DEC in Syracuse
who told me they had no idea that the work was taking place. ....permits had never been
acquired. That's the point, okay? So next, the Army Corps of Engineers confirmed to me
that their determination has not been made. So, what prevails right now is that no other
filling or grading of the property should take place on the undeveloped areas of your
property until the delineation takes place. Okay? The Army Corps of Engineers did not
give any permission for that road to be built."
Attorney Folmer: "Once again, you need to be concerned with the fact that the Leach
project considered by this Board has to do with a roadway that leads south from Lorings
Crossing as opposed a road that has been constructed at an entirely different location on
the property. In the end, what you are arguing at this point, or suggesting, is a discussion
of the merits of the proposal.."
Ms. Jenkins: "No, no, ...I'm talking about Mr. Leach did not get a SPDES Permit, he
did not get an okay from the Army Corps of Engineers, and he could have accessed his
road, accessed the area that the Army Corps of Engineers said he could fill, by driving
directly through his commercial driveway. He did not need to build this road off of Route
13 which nobody in this County, and no board, and this is in none of the documents, but it
has been built."
ZBA Member Aloi: "Just in being by that area time and time again, that road might have
had work done on it, but that entrance was there."
Ms. Jenkins: "Oh yeah, I know, because the DOT, which also didn't know -"
Member Lenore LeFevre: "It's my understand that we're, right now, deciding whether or
not to rehear this today, or rehear it at a later date when litigation's over, so what is your
position on that
Ms. Jenkins replied that her position was that "Mr. Leach has demonstrated complete
and utter contempt for all the laws which he is required to follow. Anything he loses was
his to lose. He chose to ignore all the warning signs-"
Member LeFevre: "You're not answering the question. We're trying to decide right now
whether or not to reopen and have another hearing today, or after litigation is over, or not
at all; that's all we're deciding right now.
Ms. Jenkins: "And you absolutely know it's improper to be hearing it now because the
decisions have already been made. They're in process, they're in front of the - you can't
rehear something - "
Attorney Folmer: "No, no. Quite frankly, we do not know that the decisions that have
been made prior to today . . . we don't know that they are going to be found to be
improper. You think you do. We don't."
Ms. Jenkins: "I'm saying that all of the boards have already made that decision. But
anyway—"
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Minutes - Public Hearing - (T) Cortlandville Zoning Board of Appeals 26 April 2016
Chairman Plew: "Ma'am, at this point, we're not rehearing it right now. I thank you very
much for what you have given us, but I think it's time to—"
Ms. Jenkins: "Okay, all right. I just want to leave you with one picture of what the
swamp looks now. There's an effigy of a green something -or -other creature sitting in the
swamp and a green effigy hanging from it. So if anyone in this room finds it at all
offensive, I'd really like to know about that, okay?
At this point, Gregory Leach, who was in the audience, stood up and commented that he had
heard enough from Ms. Jenkins and accused her of lying. He did not like that she had "taken a
picture of my property." When everything had calmed down, Chairman Plew recognized Richard
Lewis, Attorney representing Mr. Leach.
Attorney Lewis: "The reason we are here today is for the Board to make a determination
as to whether to. rehear, in accordance with its prior decision. Now first of all, Mr. Leach
has not been cited for anything. Just to clear up some of the inaccuracies: number two, we
have had SEQR approval. There has been a neg dec granted by this Board. Number
three, I did send a proposed schedule; I certainly did not tell you how to vote, but I did
send you a proposed schedule because I wanted to make it clear, obviously, that this was
going to be a decision that had to be made over a period of time based on the various
schedules, and it was as much a question as to whether that schedule would work or
whether it would not work. What I would like to get across is this: number one, I have
provided to Bruce, for the Planning Board, a variety of Long Form Environmental Impact
forms. They are missing two things. Number one is the delineation of wetlands. Mrs.
Jenkins is correct; there is some wetland there. But it is not all wetland, and we now have
the delineation in process, it has been examined. Number two, once we have that mapped
out, we will also add a site plan for this gravel driveway that we want to put it and which
has been approved by this Board, by the Planning Board, by the Town Board, by the
County Planning Department, by the Highway Department, etcetera. I would tell you that
there's a lot of allegations here that there have been illegal acts. The reality of it is, is you
can clear your land, I believe, in Cortlandville, number one. Number two, Greg did that
and it's perfectly legal. Number three, the area that Mrs. Jenkins has been referring to is
completely separate from where this project is proposed. Now, as Mr. Folmer indicated,
the variance that was granted was granted by this Board and is still in effect. In front of
the Court, and in front of Mrs. Jenkins' attorney, we informed, and Mr. Folmer was part of
this discussion, we informed the Court that we were going to be applying for a rehearing
because there were some procedural errors. Not that everything wasn't done and not that
everything wasn't accomplished that needs to be accomplished, but what was done was it
was out of order. And that's going to be a decision that's made by the Court. And I think
Mr. Folmer accurately indicated the possibilities there. So just to comment on what Mr.
Folmer said, number one, we would like to have this rehearing, we'd like to do it
efficiently, we'd like to present to this Board all of the information we have presented
before, and we would probably present some additional information. And you have a right
to hear that. Number two, we would like to do away' with these, quite frankly, these
scurrilous allegations that we didn't do a long form. We did a long form. It's not that
much harder, and Bruce presently has it. Number three, we would like to do it in the
proper order which would correct the procedural problems from the last time. And at that
point in time we feel pretty confident that you're going to see exactly what you saw the last
time, something that is not a violation of any of the SEQR laws. You're going to find
something that is not going to be harmful to anybody and, number three, I think you're
going to find that all of these allegations—I know that you're going to find—that all of
these allegations that he's trying to expand his business, that he's trying to increase his
capacity, that he's doing all kinds of things that are corrupt, and that you're corrupt, and
that the Town Board is corrupt, and that the Planning Board is corrupt, and that the
County Legislature is corrupt, is bizarre. And, candidly, we would like to just sort of stick
v to the subject today. And the subject is: we'd like to have a rehearing. I respect Mr.
Folmer's advice that the rehearing could be postponed until a Decision comes from the
Page 5 of 9
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Minutes - Public Hearing - (T) Cortlandville Zoning Board of Appeals 26 April 2016
Court. The courts usually make the decisions within sixty days of the argument. The
argument was, I don't remember the exact date, but probably about thirty days ago and, if
that is the case, we will respect the Court's decision just as we respect your decision, and
we will abide by that. Now, I want to say one other thing. There is another issue that is
attempted to be intermingled with what is before this Board. And that is exactly what Mrs.
Aloi indicated that there was an entryway there and that Mr. Leach has done some work
to repair that etcetera. There is a question as to whether he exceeded a permit. As soon
as he learned that, he went to the DEC. Apparently, Bruce, I guess he doesn't need a
SPDES Permit; am I correct on that?
PZO Bruce Weber: "That's a decision that the DEC will make."
Mr. Leach: "Correction. They made it. I called you and left a message. Fact. I left
you the message. Tell the truth"
PZO Weber: "The truth is that the DEC makes the decision in regards to the permits."
At this point, everything became contentious and very heated, with the result that Chairman
Plew, on the advice of Town Attorney Folmer, called for a recess, which was motioned by
Member John Finn at 6:57 p.m., and seconded by Member Joanne Aloi, with all Board
members voting in favor.
At 7:10 p.m., the Public Hearing was reconvened.
Attorney Richard Lewis apologized for his frustrated client, Mr. Leach, who has experienced the
removal of survey stakes, photographs being taken of his property, etc. Attorney Lewis then
asked the Board to reaffirm the rehearing and make a referral to the Town Planning Board to
serve as Lead Agency under SEQR. He also affirmed that Mr. Leach did not need a SPDES
Permit as advised by the NYSDEC, and that he is taking every step possible to follow all of the
rules.
Chairman Plew asked if there was anyone else who would like to comment on this matter, and
the following ensued:
Michael Barvlski - 2616 Ames Road - Question before ZBA is, is it right and is it
procedurally correct for you to schedule and agree to a rehearing before it's truly right?
Reality is that Board was waiting for an application; there was nothing to act on. If
Court says that all decisions are valid, will you ever get a new application to rehear
this? This is all for the expedience of Mr. Leach. Wouldn't the Board want to have the
benefit of what the Judge's determination is? Wouldn't you want to have that
information before deciding if appellant is entitled to a new hearing? It is not right to
make this decision; you should be waiting until such time as you get the Judge's
decision and you have an application in front of you to act on. To request the Town
Planning Board to act as Lead Agency on an action that may never get to them seems
inappropriate to me. Do the right thing and say no it's not right for us to agree to a
rehearing unless and until you review the arguments that the Court has provided, and
unless and until there's a new application with new information in it.
Attornev Richard Lewis - Explained that reason this Board did not hear this matter in
January or February was because they were awaiting a ruling from the Court. After
receiving that ruling, appellant was in touch was Code Enforcement and Town Attorney.
We advised that our paperwork would be submitted in a timely fashion for this hearing;
we made that timeline and got the papers in. This was with the full understanding of
Judge Cerio, Attorney Folmer, and Ms. Jenkins' attorney.
Michael Barvlski - Argued that application would be reheard if there was a complete one
submitted. There was no valid application on the table for a rehearing. Attorney Lewis
did not answer question as to whether or not an application would ever be forthcoming
if Mr. Leach prevailed in the Court. This is not right for a rehearing.
Page 6 of 9
JUN � 2016 Z�
Minutes - Public Hearing - (T) Cortlandville Zoning Board of Appeals 26 April 2016
Pam Jenkins - You cannot rehear this. It is improper to say that, sometime in the
J future, maybe well hold another vote if you don't get the decision you want from the
Judge. The DEC is forwarding the complaint about no SPDES Permit to Syracuse when
it's completed.
Nancv Space - 597 McLean Road - Understands that Mr. Leach wants to build a
driveway onto Lorings Crossing Road so people could exit/enter Route 13 from there.
This would have better sight advantage for public and employees' safety. Other
wrangling back and forth aside, it's the safety of the people who come and go from
business that should be of concern.
Steve Terwilliger - (did not sign Attendance Sheet) - Cortlandville ZBA has, in the past,
approved variances that are not pursuant to the law. Want Board to understand that
"if it's a self-created hardship, you can't prove it." In this case, and another in December
of 2014 where Board approved a hardship that was self-created. Wanted Board to go on
notice that this was not legal. Will bring backup for that. He's a ZBA member in Virgil.
Robert Howe - 2188 E. River Road - Is customer of Leach's Custom Trash and J -Tech
and sees no problem with driveway going to Lorings Crossing for the safety of the
people.
Cheri Sheridan - Parks Road (one of Plaintiffs)_ - Drives road every day. Short distance
between driveway and Route 13. Also trucking company there that parks right close to
the road; it's a very dangerous intersection. Appellant wants to put road on wetlands.
That's all we have left of the wetlands; over last 16 years has been filled in by one
corporation after another. Touch one thing in nature and you'll find it is connected to
the rest of the world. Read from prepared statement regarding wetlands (copy not
received by Secretary).
Town Attorney Folmer interrupted Mrs. Sheridan, informing her that this was a merit discussion
and not an issue as to whether or not we should even be hearing this. Chairman Plew thanked
Mrs. Sheridan and advised that her concern at this meeting did not pertain to what the Board
was to decide. Attorney Folmer then commented that after the Court makes its decision, the
comments shared by Mrs. Sheridan are not only relevant, but are important regarding the
rehearing.
Once again, Chairman Plew asked if there was anyone else who wished to speak; there was, as
follows:
Lee Miller - (did not sign Attendance Sheet) - Lives in Cortlandville. Spoke about
wrongfully granted variances given years ago. Has been involved in lawsuit for year and
a half, which she won. Can we change something here?
With everyone heard who wished to be heard,
Chairman Plew closed the Public Hearing at 7:25 p.m.
DISCUSSION/DECISION
Chairman Plew and Attorney Folmer provided the Board members with the options they could
take with regard to this matter. First, does the Board want to grant the request for a rehearing?
Second, if Board decides to do so, does the Board then want to postpone or table that rehearing
until after hearing from the Court? Or, does the Board want to say no, we are not going to agree
to have a rehearing as we sit here tonight and grant permission to make that request if
necessary subsequent to the Court's determination? If it's decided to grant the rehearing, then
the Board needs to discuss whether or not to hear it before the Court's decision.
In response to Member LeFevre's question, Attorney Folmer that, `7n the telephone conference
that Mr. Lewis made reference to, and he's accurate I was a party to that conference, he expressed
to the Court that it was he and his client's intention to ask this Board to conduct a rehearing. The
attorney for Ms. Jenkins strenuously objected to the fact that such a request, if it wasn't
Page 7 of 9
JUN Q 2016 2y
Minutes - Public Hearing (T) Cortlandville Zoning Board of Appeals 26 April 20,16
forthcoming, was merely going to delay this process. even longer. And the Court said, `well, if "
you're going to do that, I want those papers in the hands of the Zoning Officer on or before the 12th
of this month.' So he knew that the reheating was going to be requested. I don't think it would be
fair to say ..: he expressed any. opinion one way 'or the other was to whether or not a rehearing
should be granted. I think that he merely indicated that if it was going to be requested, it had to be
'requested within the five-day period. And I believe that some paperwork was filed on time
considering that schedule. I think, it. would be improper for me to. say to you that the Court gave any
indication, one'way or, the other, as to what the result of that, request ought to be. What he was
trying to do, I think, was to be sure that the process was going to move along."
Chairman Plew stated he did not want another hearing until after the .Board had received the
Court's decision. Various options for the motion were -considered.
After a lengthy discussion, a motion was made by Member Tom Bilodeau that the
Cortlandville ' Town ZBA agrees to ' re -hear, if necessary, an application to allow for the
' expansion of .a junk yard (see Action #29 of 2015), but not until after they have heard the
judge's decision, and asks the Town Planning Board to act as Lead Agency under SEQRA, if
necessary. 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 #15 of 2016.
APPROVAL. OF MINUTES — 29 MARCH 2016
A motion was made . by Member Finn to approve the Minutes.. of the 29 March 2016 Public
Hearings, 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 LeFevre
Member-Aloi
Motion passed.
This becomes Action # 17 of 2016.
Page 8 of 9
2S
JUN - 8 2016
Minutes - Public Hearing - (T) Cortlandville Zoning Board of Appeals
26 April 2016
ADJOURNMENT
--'' At 7:40 p.m., on a motion by Member Bilodeau, seconded by Member LeFevre, with everyone
present voting in the affirmative, the meeting was adjourned.
r
J E. Fitch, Board Secretary Emailed to KS/KP, Bd. Members, JBF,
BW, DD, DC on 6/8/16.
Page,9 of 9
N" h `_'
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JUN ? 9 2016
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TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS
Public Hearings/Meeting Minutes - Tuesday, 31 May 2016 - 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 Joan E. Fitch, Board Secretary
Thomas Bilodeau John B. Folmer, Town Attorney
Lenore LeFevre
Joanne Aloi
Applicants & Public Present
Donna McClory-Lyon for Angeline McClory, Applicant; Angeline McClory; Roger Wagner,
Applicant; Pam Jenkins, Barb Leach, Andra Niggli, William & Larie Cifaratta, Michael Barylski,
Victor Siegle, Cheri & Chuck Sheridan, Sharon Stevans (Ch. 2 Volunteer), Tyrone Heppard
(Cortland Standard Reporter).
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 19 May 2016, 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, May 31, 2016 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 request from Pam Jenkins for review of the determination
by the Zoning Officer regarding property at 1834 Route 13, in the terms and
conditions of Article XXI, Section 178-132 A.
2. In the matter of the application of Angeline McClory for property located at
1086 Starr Road, Tax Map No. 96.09-04-13.000, for a variance in the terms
and conditions of Article VI, Section 178-25 A (1) to allow for a front yard less
than allowed.
3. In the matter of the application of Roger Wagner for property located at 873
Route 13, Tax Map No. 95.16-02-72.000, for a variance in the terms and
conditions of Article XV1H,, Section 178-111 F, Table 1, to allow for signage
above the height of the wall of the building and for building -mounted signs to
be illuminated.
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
JUNI 1 0 2016
Minutes - Public Hearings - (T) Cortlandville Zoning Board of Appeals 31 May 2016
1 PUBLIC HEARING # 1 1
As Requested by Pam Jenkins - Review of Zoning Officer's Determination - 1834 NYS
Route 13 - Leach Proverties, LLC
Chairman David Plew asked Town Attorney John Folmer to provide those present with the
background on this request.
Attorney Folmer addressed everyone: "I think it's appropriate, Mr. Chairman, that I formally make
a report to you concerning the Jenkins et al litigation against this Board, the Planning Board, and
the Town Board. As I'm sure you are all aware by now, the Court has determined that your
determination, the Planning Board's determination, and the Town Board's determination have been
declared null and avoid ab initio, which means from the very beginning. Consequently, your
variance has been vacated and there are no further steps with regard to that. Now, Judge Cerio in
his Decision quite frankly reached the conclusion that did not surprise me. Mr. Weber and I -talked
about it in some length. It didn't surprise me at all. I was a little surprised at the length that he
went into in regard to the SEQR process, but there's always a light at the end of the tunnel and I
think that's probably a good thing. For the present, I would ask so that your record is perfectly
clear, that the pending application is now over and gone. You have placed on the table a resolution
that you adopted granting a rehearing of that matter. And I think that in order to make your record
clear I would ask that you take that matter off the table and rescind the resolution that you entered
into granting a rehearing. That way it will be perfectly clear that there's nothing left hanging fire on
your record. So I make that request.
"What happens now? Well, there are two routes: one for the Town, two possibly for the applicant.
First, the applicant or the Town could appeal Judge Cerio's Decision. I can tell you right now that
the Town is not going to appeal that Decision and, should Mr. Leach chose to appeal that Decision,
we will not as a Town participate in that appeal because I believe that Judge Cerio's Decision, while
there are things in it that I question, I think that his Decision is sound and needs to be followed. Mr.
Leach, on the other hand, I think has two options: one, as I've said, he could file an appeal if he
choses to do so, or he could reapply for his variance again. Now, I know there is disagreement as
to whether or not he could reapply, but I would submit to you that he has the right to apply.
Whether or not that application would ever be granted is another question because I think Judge
Cerio's Decision has raised some significant issues that cause some concern primarily with regard
to the establishment of a hardship. And you need to recall, if that conversation is ever had, that the
hardship has to be measured at the time that your application and your consideration was
originally made. What's happened subsequent to that is not relevant to a determination of the
hardship that existed when the application was made. Secondly, there is a question of whether or
not the hardship, if it exists, is or is not self-created. And I think there is significant issues now that
may not have existed at the time of the original decision. Judge Cerio, based on the record he had,
made the comment in his Decision that it was self-created. He made that comment. But that's
based on the record that he had at the time. A de novo, or a new application, as to be considered
by you, needs to start by examining the merits under 267 B of the Town Law.
"What are we going to do in the future? We've had, over the course of several years, a great many
SEQRA reviews. We've had two that were challenged. One had to do with the Rerob gas station
over on McLean Road; the other had to do with Walmart. In both of those instances, the process
that we utilized was approved by the Court. The SEQRA regulations and their interpretations
evolve like everything else does. Consequently, our procedures and our processes have to evolve in
order to take into account where we are as of now. If you read Judge Cerio's Decision, I think there
are two methods suggested by that Decision. One is that each Board do its own separate SEQR
process. I don't think that the SEQR regulations require that there be three SEQR reviews on a
single project; however, the other alternative is to create a process whereby the three boards act as,
that one of the three boards be named as Lead Agency for SEQR purposes, that in that
consideration the criteria to be examined by each individual Board would be taken into account by
the Lead Agency as it does its SEQR review. Once that SEQR review is completed, it becomes the
document on which all three boards can rely. Mr. Weber and I talked briefly today about a
suggested change in process, and we will be presenting that to you as soon as we can, and I would
Page 2 of 8
2'
JUN 1 0 2016
Minutes - Public Hearings - (T) Cortlandville Zoning Board of Appeals 31 May 2016
suggest we will have it for you by your next meeting. I can tell you right now that one of the things
you're going to need to do is if you're doing the SEQR declaration, one way or the other you're going
to have to do more discussion and more articulation of the reasons and the basis for which or upon
which you have made the determinations that you made.
"So there you have it. That's past, that's present, and that's my ideas for the future. Thank you for
letting me report."
Chairman Plew then recognized Pam Jenkins who thanked Board members for their time and
attention and stated she would start by reading what her lawyer wrote about self-created
hardship (no copy provided to Board Secretary): "Self-created hardship defeats use variance as
matter of law. That Mr. Leach's hardship is self-created is now the law of the case in this preceding
unless it is reversed upon appeal. Therefore, Mr. Leach cannot reapply to the ZBA until and unless
he gets the NYS Court of Appeals to reverse Judge Cerio's ruling of 2016." Ms. Jenkins then
stated then read from her prepared statement, as follows:
We trust that he would lose that appeal and that he will never qualify for a use variance.
For those reasons I want to be sure that Mr Weber has issued a stop work order to Mr Leach if he has
not already done so. As recently as of around May 21, Mr Leach was continuing excavation and building
on the site.
I believe that Mr Weber violated Cortlandville Town Law sections 86-3 (4) and (6), section 86-12 and
section 86-15 for the reasons I will explain.
Mr Weber failed to enforce the conditions placed upon Mr Leach by the Cortland County Planning
Board's October 21, 2015 Resolution #15-30. These conditions were also adopted by the Cortlandville
Boards. jR (�01,
Mr Weber also failed to properly investigate my April complaint about the new raised road off Rt 13
which Mr Leach was building., Mr Weber failed to issue a stop work order when he learned that Mr'
Leach had not filed a Notice of Intent to Disturb greater than 1 acre, and Mr Weber further violated
Cortlandville Town law when Mr Weber learned that Mr Leach had not applied for or received a SPDES
permit because Mr Weber took no enforcement action against Mr Leach.. Mr Weber failed to issue a
stop work order when he learned that Mr Leach had, in fact, disturbed greater than 1 acre without a
SPDES permit (see Bruce's April 23, 2016 email to me).s��\�kk,�"`
tc
Q
Mr Weber's explanations for why he allowed the raised road to be built do not hold water. It appears
that Mr Weber merely provided cover for Mr Leach while he built the raised road off State Rt 13.
Mr Leach could obviously have used his existing commercial driveways to dump fill in the area directly
behind his transfer station.
Mr Weber allowed Mr Leach to build a road that was not on the original site plan and which was not
given any approvals or permits by any board in this county. At some point this spring, Mr Leach gave
Bruce a map of the raised road he built off Rt 13 ... but the map which Mr Leach may have drawn,
inaccurately shows the location of the area the Army Corps of Engineers told him he could fill.
Mr Leach failed to file a Notice of Intent to disturb greater than 1 acre, and he failed to apply for or
receive a SPDES permit at least as of May 17, 2016 (per the May 17,2016 DEC FOIL request response).
This was months after he began excavation and grading.
Page 3 of 8
24
U i'! 1 0 2016
Minutes - Public Hearings - (T) Cortlandville Zoning Board of Appeals 31 May 2016
(The annotations shown in the first page of Ms. Jenkins' statement, were inserted by the Board
Secretary because Ms. Jenkins included the words " and platform" and "and raised platform" in
her reading.) Page 2 of her comments are as follows:
Also, on March 4, 2016the Army Corps of Engineers directed Mr Leach not to disturb or fill or grade any
part of the property except for a small area directly behind the transfer station which he could access via
the adjoining commercial driveways (see aerial), until a Federal Wetland Delineation had been
completed and until the ACE issued a Jurisdictional Determination ... at least as recently as of 4/26
2016....that had not been done ... but Mr Leach continued excavating and filling in the property. Email
from Aaron Smith, ACE
Instead, of complying with the conditions placed upon him by Cortlandville... Mr Leach built the raised
road off Rt 13 along with raised platforms. He did this without having gotten the permission from any
board in this county. No SEAR work was done, no drainage studies were done, no traffic studies were
done, no archeological studies were done, no clearance was obtained from the NYS Office of Parks and
Historic Preservation.
The area Mr Leach excavated, logged, filled and graded is in an area that is termed archeologically
sensitive per New York State because historically the Tioghnioga was an important trade and travel
route for the Onondaga Nation, with at least seasonal fishing villages along its shores.
My lawyer used to work for the DEC in the Division of Water in the Syracuse office.
When my lawyer brought upm the issue of the archeologically sensitive area, per the NYS DEC map, and
that the DEC had to get clearance through the NYS Office of Parks and Historic Preservation before they .
accepted Mr Leach's Notice of Intent to Disturb Greater than one acre, and before they issue a SPDES
permit, Tim DiGuilio of the DEC referred the investigation to the Acting Regional Director of Region 7, on
May 20, 2016. The chief legal counsel for the Onondaga Nation is following upon this as well.
*Mr Leach has been fined by the DEC ... I am waiting for my FOIL request response to show how much Mr
Leach has been fined and the record of violations of NYS Law.
For all of the above reasons, I am requesting that you instruct Mr Weber to issue a stop work order
......and then under section 86-15 D direct Mr Weber to issue an injunction and then obtain an order for
removal of the raised road off Rt 13 and the raised platform areas.
In the event that Mr Leach chooses to try to appeal to the NYS Court of Appeals to try to convince them
to reverse Supreme Court Judge Cerio's ruling of May 23,2016,1 request that when Mr Leach loses that
appeal, you then direct Mr Weber to issue the injunction and then to obtain on order for removal of the
raised road and filled/ raised areas which Mr Leach built off State Rt 13.
Any less action by this board would further the appearance of impropriety and conflict of interest under
NYS Town Law because it would appear that Mr Leach has received preferential treatment.
Thank you,
*Ms. Jenkins indicated that she found out today that Mr. Leach has not yet been fined, but the
DEC has issued a Notice of Violation and a Cease and Desist Directive, dated May 19th, 2016.
Page 4 of 8
21
J U N 1 0 2016
Minutes - Public Hearings - (T) Cortlandville Zoning Board of Appeals 31 May 2016
Ms. Jenkins reported that the NYSDEC "is in the middle of their investigation; they have not
decided yet what the violations and fines will be."
Ms. Jenkins continued: `I learned also that Mr. Leach labeled the photos of the raised
platforms that he built south of the new road that he built, he labeled them as his `Roll -Off
Container Parking, Storage Area,' but very importantly, as part of the DEC's investigation into my
complaint, the DEC requested, formally written requested, Mr. Leach to give them the
measurements of the land that he disturbed. Today I informed the DEC that Mr. Leach provided
them with false information about the amount of the land that he's disturbed, excavated and filled.
He provided the DEC with measurements for only some of the land he disturbed, while he failed to
include the raised filled areas and the entire length of the road that he built and all of the other
disturbed areas. I asked the DEC to come down to Cortlandville and to take measurements for
themselves because of Mr. Leach's serious omission.
"So then, going back to for all of the above reasons I am requesting you to instruct Mr: Weber to
issue a Stop Work Order, even though the DEC already did because I complained to them. And
then, under Section 86-15D, please_ direct Mr. Weber to issue an Injunction and then to obtain an
Order for removal of the raised road off of Route 13 and the raised platform areas that Mr. Leach
built with no one's permission. In the event that Mr. Leach choses to try to appeal to the NYS Court
of Appeals to try to convince them to reverse Judge Cerio's ruling of May 23rd, I request that when
Mr. Leach loses that appeal, because he will not qualify for a use variance and he will not get that
ruling overturned I am very confident, that you then direct Mr. Weber to issue the Injunction and
then to obtain the Order for removal of the raised and filled areas. Of course, then the areas
should be replanted and of course the Onondaga Nation will—well I can't speak for them—but the
Office of Parks & Historic Preservation is going to be part of this investigation too. Any less action
by this Board would further the appearance .of impropriety and conflict of interest under NYS Town
Law because it would appear that Mr. Leach has received preferential treatment. Thank you.
Chairman Plew asked if there were any other questions/ comments from the audience; there were
none.
With everyone heard who wished to be heard,
Chairman Plew closed the Public Hearing at 6:50 p.m.
I PUBLIC HEARING #2 1
Angeline ' McClorv, Applicant/Donald & AnLyeline McClorv, Reputed Owners - 1086 Starr
Road - TM #96.09-04-13.000 - Area Variance 'for Front Yard Less Than Allowed
Chairman Plew recognized the applicant who was seeking an area variance to construct a deck
on the front of her home. The proposed deck is five feet over the required setback. Member Finn
commented that he had visited the site and felt the request was reasonable.
Chairman Plew asked if there were any other questions/ comments from the audience; there were
none.
With everyone heard who wished to be heard,
Chairman Plew closed the Public Hearing at 6:53 p.m.
DISCUSSION/DECISION
Chairman Plew reiterated the appellant was asking for a variance of five feet and that her
husband is in a wheelchair.
Page 5 of 8
.Y
31
J U N1 1 0 2016
Minutes - Public Hearings - (T) Cortlandville Zoning Board of Appeals 31 May 2016
After a brief discussion, a ' motion was made by Member Lenore LeFevre to grant the area
variance for a front yard less than allowed, 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 LeFevre
Member Aloi
Motion passed.
This becomes Action #17 of 2016.
I PUBLIC HEARING #3 1
Roger Wagner. Auulicant/Christouher Calabro. Reuuted Owner - 873 NYS Route 13 - TM
#95:16-02-72.000 - Area Variance for Building -Mounted Illuminated Sign
Chairman Plew recognized the applicant who was seeking an area variance to illuminate a
building -mounted sign on the proposed Moe's Southwest Grill building (formerly Ponderosa). A
variance is needed to allow for signage above the height of the wall, in addition to illumination.
Mr. Wagner presented a new fagade which was different from the one submitted to the Planning
Board earlier this month; the Planning Board had asked the owner if Moe's could come up with a
design "less garish."
There will be one sign facing the front, just below what the actual peak of the roof line is, 21 feet.
The sign dimension is now 54 square feet; PZO Weber advised that this size would be in
compliance, but the sign still extends above the wall of the building.
Chairman Plew asked what the hours of operation would be for the restaurant, and Mr. Wagner
responded from 11 a.m. to anywhere between 10 and 11 at night. Time for the illumination of
the sign was discussed.
Chairman Plew asked if there were any other questions/ comments from the audience; there were
none.
With everyone heard who wished to be heard,
Chairman Plew closed the Public Hearing at 6:57 p.m.
DISCUSSION/DECISION
After a brief discussion, a motion was made by Member Tom Bilodeau to grant the area
variance, as requested, with the illuminated sign to be turned off one hour after closing.
The motion was seconded by Member LeFevre, with the vote recorded as follows: '
Ayes: Chairman Plew Nays: None
Member Finn
Member Bilodeau
Member LeFevre
Member Aloi
Motion passed.
This becomes Action #18 of 2016.
Page 6 of 8
Jur, 1 0 2016
Minutes - Public Hearings - (T) Cortlandville Zoning Board of Appeals 31 May 2016
1 DISCUSSIONS/DECISIONS
Request by Pam Jenkins - Review of Zoning Officer's Determination - 1834 NYS Route 13 -
Leach Proverties. LLC
PZO Bruce Weber advised the Board that they needed to go back to this matter. But first, he
stated the following:
"I do have a couple of things I would like to say. Ms. Jenkins has brought up a lot of
issues that are not related to the request that was made which was my determination; she
asked me to revoke the permit that I had issued. The only permit that I have issued is a
Development Permit for fill. It was in compliance with the Town's regulations. The
driveway/roadway that was constructed is only for that fill and has nothing to do with
any 9 -acre expansion. The sections of the Town Code, Section 86, is the Fire Prevention
and Building Code Administration and Enforcement which is not my jurisdiction. My
jurisdiction was only the issuance of the Development Permit. The area that Mr. Leach
filled for the roadway is not in the floodplain and, as such, did not require a Development
Permit. If I understood correctly, Joanne, at the last meeting did you indicate that there
used to be a roadway there?"
Member Joanne Aloi responded: "Well, a driveway. The curbing has been, was cut down
for a driveway and there was a footprint of a driveway in the past."
PZO Weber continued: "So this area that Mr. Leach developed in regard to the jurisdiction
of the Town, the only jurisdiction we have is the Development Permit. I had indicated to
Mr. Leach that it appeared he had disturbed more than one acre. I do not have any
definitive knowledge that that is more than one acre. That's why the DEC has been
contacted, that's why the DEC is involved. I have no ability to enforce DEC or Army Corps
of Engineers, or NYSDOT regulations. I have no authority to enforce any of those
regulations. And Ms. Jenkins has been in touch with the DEC, the DEC is evidently
reviewing the situation, and that is part of the process; Mr. Leach needs to be in
compliance with each regulatory agency, and my only regulatory approval here was the
Development Permit for fill in the area that was approved by the Army Corps of Engineers,
and that's all that I have approved."
Town Attorney Folmer then stated to the Board: `7 think you had a request by Ms.
Jenkins for you to take affirmative action with regard to directly Mr. Weber to take certain
steps, the Injunction, the Cease Order, and so on. And, Ms. Jenkins is entitled to know
whether or not this Board is going to honor that request or not. And you've heard Mr.
Weber's indication that, in his opinion, the only regulatory authority he has he exercised
by exercising, by granting the one permit that he was required or asked to grant, and that
when he became aware of the fact that there had been more than the appropriate amount
of dirt moved, he advised Mr. Leach that the DEC needed to be involved and a SPDES
Permit would be necessary. I think the question that you have to answer is: Do you
believe that Mr. Weber is correct with regard to him limited involvement, at which point you
are not going to direct him to do the things that Ms. Jenkins has asked you to do, or—if
you don't agree with Mr. Weber's determination, then you need to decide whether or not
you are going to direct Mr. Weber to take the actions Ms. Jenkins has asked."
Page 7 of 8
32
J U N 1 0 2016
Minutes - Public Hearings - (T) Cortlandville Zoning Board of Appeals 31 May 2016
After a brief discussion, a motion was made by Member LeFevre that the Town of
Cortlandville Zoning Board of Appeals denies Pam Jenkins' request to ask PZO Weber to
issue a Stop Work. Order, Injunction, and obtain an Order for removal of the raised
road/platform areas because PZO Weber acted appropriately. 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 #19 of 2016.
Town Attorney Folmer then advised the Board that they needed to indicate in their Minutes that
they have not included the Cease and Desist Order in that determination, and the reason that
was not done is because the NYSDEC has already issued same. Member LeFevre then reiterated
that this Board is, in fact-, not making a decision regarding the Cease and Desist Order because
that has already been dealt with by the DEC. The Board agreed this was their understanding.
Leach Properties. LLC. Applicant/Suit-Kote Corp.. Reputed Owner - Lorings Crossing Road
- TM #s 77.00-04-11.111 & 11.112
Town Attorney Folmer reminded the Board that, as stated in his opening statement, they needed
to make their record clear by rescinding the motion that was made granting a rehearing.
With no further discussion, a motion was made by Member John Finn that because of the
County of Cortland Supreme Court Decision & Order of 23 May 2016 (Index No. 2015-720),.
the Town of Cortlandville Zoning Board of Appeals rescinds Action #15 of 26 April 2016 in
which it agreed to rehear the application to expand a junk yard. The motion was seconded
by Member LeFevre, with the vote recorded as follows:
Ayes: Chairman Plew Nays: None
Member Finn
Member Bilodeau
Member LeFevre
Member Aloi
Motion passed.
This becomes Action #20 of 2016.
ADJOURNMENT
At 7:15 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
Page 8 of 8
Emailed to KS/KP, Bd. Members, JBF,
BW, DD, DC on 6/9/16.
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APPEALS Meeting
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34
JUL 2 2 2016
TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS
Public Hearing/Meeting Minutes - Tuesday, 28 June 2016 - 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
Phi Nguyen, Applicant; Fred Waffner, Sharon Stevans (Ch. 2 Volunteer).
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 June 2016, 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 28, 2016 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 Phi Nguyen for property located at 762 NYS
Route 13, Tax Map No. 105.11-01-01.000, for a variance in the terms and
conditions of Article XVld Section 178-111 to allow for two signs to be located
less than 15' from a property line.
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
Phi Nguyen, Applicant/Reputed Owner - 762 NYS Route 13 - TM #105.11-01-01.000 - Two
Signs Closer to Property Line than Allowed
Chairman Plew recognized the applicant who was seeking an area variance to erect two signs at
the locations along Route 13 as shown on the sketch accompanying the application. The
proposed signs would advertise his nail salon business. Chairman Plew then read aloud a 27
June 2016 letter received from Brian McMahon who owns the adjacent property at 780 NYS
Route 13; Mr. McMahon stated, "I do not want any signs located on the property line between
Mr. Nguyen and my parcels." A copy of this letter has been placed on file for the record.
Chairman Plew then read aloud another statement (undated) from the owners of Shipwreck Golf
Inc. located at 759 NYS Route 13, Patricia and Stephen Jordan. The Jordans objected to the
business having two signs, but had no problem with one sign in the middle of the property; a
copy of this letter has also been placed on file for the record.
Page 1 of 3
S5
JUL 2 2 2016
Minutes - Public Hearing - (T) Cortlandville Zoning Board of Appeals 28 June 2016
Chairman Plew asked the applicant if he would like to address the Board, and Mr. Nguyen stated
he wanted two signs because of the speed of those driving down the road. He felt that with a
speed limit of 45 MPH, those driving by might miss one sign, so two would be better. Chairman
Plew then asked the applicant how he would feel about one sign "in the middle." Mr. Nguyen felt
this would not be as visible.
Chairman Plew asked if there were any other questions/ comments from the audience; there were
as follows: .
Fred Waffner - Has business next door on the south side. Driveways are 6 feet apart.
Applicant has placed temporary signs that takes away his visibility to exit his driveway.
Signs are a safety hazard. Impacts line of sight on Route 13. Previous business
always had one sign in the middle. The way the road curves, the middle is a perfect
place to have a sign.
With everyone heard who wished to be heard,
Chairman Plew closed the Public Hearing at 7:07 p.m.
DISCUSSION/DECISION
Chairman Plew commented that he had visited the site and thinks one sign in the middle of the
subject parcel would be sufficient, set back to the paved parking area. Member John Finn also
was not in favor of two signs; however, he suggested it was not clear where the entrance is, and
one sign in the middle would be sufficient.
Placement of one sign was discussed. The required setback is 15 feet which is right at the right-
of-way line. For a zero setback, which requires a variance, advised CEO Bruce Weber, the sign
would have to be on the blacktop.
Chairman Plew asked the applicant what his hardship would be if the variance was denied, and
Mr. Nguyen responded that people wouldn't be able to see his business.
CEO Weber suggested having a `V' sign, with a maximum eight -foot height. The Board discussed
this approach and all felt it was a good compromise, but would allow the applicant to chose
which option he would like.
At the conclusion of their discussion, a motion was made by Member Tom Bilodeau to grant
the area variance with the option of one sign perpendicular to the road OR two signs in a
`V,' side by side, with a maximum of eight feet from the ground to the top of the sign,
placed in the middle of the property on the existing blacktop. 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 Absent: Member LeFevre
Motion passed.
This becomes Action #21 of 2016.
Page 2 of 3
JUL 2 2 2016 3!0
Minutes = Public Hearing - (T) Cortlandville Zoning Board of Appeals 28 June 20.16
_ APPROVAL OF MINUTES — 4/26/16'& 5/31/16
A motion was made by Member John Finn to approve the Minutes of the 26 April and 31
May 2016 meeting Minutes, 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 Aloi Absent: Member Le_ Fevre .
Motion passed.
This becomes Action #22 of 2016.
ADJOURNMENT
At 7:25 p.m'., on a motion- by Member Finn, 'secohded by Member Aloi, with everyone present.
voting in the affirmative, the meeting was adjourned.,
J E. Fitch, Board Secretary Emailed to.KS/KP, Bd. Members, JBF,
BW, DD, DC on 7/22/16.
ATTENDANCE SHEET
(ETIW ERT L A, N - D-WIL LEV AZIONOW-G VUIYI_-Ot'_*A-PP._,
(Your attendance is recorded in the meeting Minutes.)
Name:
2—
Regarding:
Complete Address:
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AUG 1 5 2016
TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS
Public Hearings/ Meeting Minutes - Tuesday, 26 July 2016 - 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 Joan E. Fitch, Board Secretary
*Thomas Bilodeau John B. Folmer, Town Attorney
Lenore LeFevre
Joanne Aloi
Applicants & Public Present
Richard Borra for O'Shea Tire, Applicant; Jeff Canarelli for AmericaCU Credit Union, Applicant;
Barbara & Pat Leach, Bill & Larie Cifaratta, Pam Jenkins.
The Public Hearings were opened at 6:29 p.m. by Chairman David Plew, who read aloud the
Legal Notice as published in the Cortland Standard on 13 July 2016, 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 28, 2016 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 O'Shea Tire for property located at 1109
NYS Route 281, Tax Map No. 96.05-01-20.000, for a variance in the terms and
conditions of Article XVIII, Section 178, Table 1, to allow for a building -
mounted sign to be illuminated.
2. In the matter of the application of Americu Credit Union for property located at
3940 NYS Route 281, Tax Map No. 86.13-01-65.100, for a variance in the
terms and conditions of Article XVIII, Section 178, Table 1, to allow for a
building -mounted sign to be illuminated.
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.
Agenda Item:
Receive Application of Leach Properties LLC & forward to County Planning Board
and request Town Planning Board to be Lead Agency.
David Plew, Chairperson
Zoning Board of Appeals
(Note: Proof of Publication has been placed on file for the record.)
I PUBLIC HEARING # 1
O'Shea Tire. Applicant/Richard Borra. Reputed Owner - 270 Tompkins Street 11109 NYS
Route 13) - TM #96.05-01-20.000 - Illumination of Building -Mounted Sign
Chairman Plew recognized Mr. Borra who was seeking a variance to replace an existing sign with
a smaller, lighted sign as shown on the materials accompanying the application. He stated he
would like to have the sign illuminated the same as others in the area, but would be every happy
with 10 p.m. They will also be painting the building.
Page 1 of 3
AUG 1 5 2016 3g
Minutes - Public Hearings - (T) Cortlandville Zoning Board of Appeals 26 July 2016
Chairman Plew asked if there were any other questions/ comments from the audience; there
none.
With everyone heard who wished to be heard,
Chairman Plew closed the Public Hearing at 6:32 p.m.
DISCUSSION/DECISION
With no further discussion, a motion was made by Member John Finn to grant the variance
for the building -mounted sign to be illuminated, as requested, with the illumination to be
turned off by 10 p.m. The motion was seconded by Member Joanne Aloi, with the vote
recorded as follows:
Ayes: Chairman Plew Nays: None
Member Finn
Member Lefevre
Member Aloi Absent: Member Bilodeau
Motion passed.
This becomes Action #23 of 2016.
I PUBLIC HEARING #2 1
AmeriCU Credit Union, Applicant/LB-UBS 2007 -C6 -Cortland Station, LLC, Reputed Owner -
3944 NYS Route 281 - TM #86.13-01-65.100 - Illumination of Building -Mounted Sign
Chairman Plew recognized Jeff Canarelli of American Signage, representing the applicant who
was seeking a variance to allow for illumination, 24 hours per day, seven days per week, of a
new sign as shown on the design sheet accompanying the application. He stated he would like
to have the sign illuminated all the time was that the bank lobby is open all night for use of their
ATM. He felt it was a safety/ visibility item for night customers.
PZO Bruce Weber advised that he had received revised sign dimensions indicating it was
approximately 42 square feet, but it is still within the size allowed. It was previously 26 square
feet in size.
Chairman Plew asked if there were any other questions/ comments from the audience; there
none.
With everyone heard who wished to be heard,
Chairman Plew closed the Public Hearing at 6:35 p.m.
DISCUSSION/DECISION
After a brief discussion, a motion was made by Member Lenore Lefevre to grant the variance
for the building -mounted sign to be illuminated, as requested. The motion was seconded by
Member Aloi, with the vote recorded as follows:
Ayes: Chairman Plew Nays: None
Member Finn
Member Lefevre
Member Aloi Absent: Member Bilodeau
Motion passed.
This becomes Action #24 of 2016.
APPROVAL OF MINUTES — 6/28/16
Page 2 of 3
AUG 1 5 2016
Minutes - Public Hearings - (T) Cortlandville Zoning Board of Appeals
26 July 2016
A motion was made by Member Finn to approve the Minutes of the 28 June 2016 meeting
Minutes, as submitted. The motion was seconded by Member Aloi, with the vote recorded
as follows:
Ayes: Chairman Plew Nays: None
Member Finn
Member Aloi Abstain: Member Lefevre
Absent: Member Bilodeau
Motion passed.
This becomes Action #25 of 2016.
OTHER BUSINESS
Leach Properties, LLC - Lorings Crossing Road - TM #s 77.00-04-11.111 & 11.112
A motion was made by Member Finn that the Town of Cortlandville Zoning Board of
Appeals requests the Town of Cortlandville Planning Board to act as Lead Agency under
SEQRA for this application. The motion was seconded by Member Aloi, with the vote
recorded as follows:
Ayes: Chairman Plew Nays: None
Member Finn
Member Lefevre
Member Aloi Absent: Member Bilodeau
Motion passed.
This becomes Action #26 of 2016.
ADJOURNMENT
At 6:37 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 3 of 3
Emailed to KS/KP, Bd. Members, JBF,
BW, DD, DC on 8/14/16.
3`f
ATTENDANCE SHEET
(T) CORTLANDVILLE ZONING BD. OF APPEALS MEETING OF6'"�d
(Your attendance is recorded in the meeting Minutes.)
PRINTEl31 Name:
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NeV 1 S 2016
TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS
Public Hearings/ Meeting Minutes - Tuesday, 13 September 2016 - 7 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
None.
Others Present
Bruce Weber, Planning/Zoning Officer
Joan E. Fitch, Board Secretary
The Public Hearing was opened at 7:02 p.m. by Chairman David Plew, who read aloud the
Legal Notice as published in the Cortland Standard on 1 September 2016, 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 13, 2016 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 Royal Chevrolet for property located at 3838
NYS Route 281, Tax Map No. 86.17-01-10.211, for a variance in the terms and
conditions of Article XVIII, Section 178-12, Table 1, to allow for a building -
mounted sign 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
Roval Chevrolet, Applicant/ Statesman of Cortland. LLC, Reputed Owner - 3838 NYS Route
281 - TM #86.17-01-10.211 - Illumination of Building -Mounted Sign for Bodv Shop
Chairman Plew commented that there was no applicant nor representative present. PZO Bruce
Weber explained why the applicant needed a variance. The Board discussed the proposed
signage and reviewed the application and accompanying materials. Hours of illumination were
discussed. Member John Finn thought the proposed sign would also resolve a potential safety
issue in that it would clarify the location of the body shop.
With no one present to be heard,
Chairman Plew closed the Public Hearing at 7:06 p.m.
DISCUSSION/DECISION
With no further discussion, a motion was made by Member Tom Bilodeau to grant the
variance for the building -mounted sign to be illuminated, as requested, with the
Page 1 of 2
NOV IS 2016 43
Minutes - Public Hearing- (T) Cortlanilville Zoning Board of Appeals 13 September 2016
illumination to be turned off within one hour of closing, • but ,no later than 10 p.m. The
,r motion was seconded_ by Member:Finn, with the vote recorded as follows:
Ayes: Chairman Plew Nays: 'None
Member Finn
Member Bilodeau
Member Lefevre
Member Aloi .
Motion passed.
This becomes Action #27 of 2016.
APPROVAL OF MINUTES - 7/26/16
A motion was made: by Member Finn to approve the Minutes of the 26 July 2016 'meeting
Minutes, as submitted. The motion_ was seconded by'Member Joanne Aloi, with the vote
recorded as follows:
Ayes: Chairman Plew Nays: None'.
Member Finn
Member Aloi Abstain:, Member Bilodeau
Member Lefevre
Motion passed.
This becomes Action #28 of 2016.
ADJOURNMENT
At 7:11 p.m., on a motion by Member Tom 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 on 11/ 15/16.
Page 2. of 2
ATTENDANCE SHEET
(T) CORTLANDVILLE `Z NING` BD:OF-APP.EALS MEETING OF
(Your attendance is recorded in the meeting Minutes.)
.eP"RINTEI� Name: Regarding: Complete Address:
1 f! r MAY i t Cui�
Dai �° va�Y
CLER�.'S OFFICE
�ZONI-NG �B�D: OF APPEALS-�Meeti=ngX`unlyf
NOV 2 2 , 2016 .
TOWN OF CORTLANDVILLE ZONING,BOARD OF APPEALS
,Public Hearings/Meeting Minutes. - Tuesday, 27 September 2016 - 6 PM
Town Hall Court Room - 3577 Terrace Road - Cortland, NY
.Board Members (*absent)
David Plew, Chairman (Partial)
John Finn, Acting Chairman (Partial)
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
Lorna M. Wall, Applicant; Christopher V. Kumbar for APD Engineering & Architecture, PLLC;
Applicant; Jeri Ann McCracken.
The Public Hearing was,opened.at 6:02 p.m. by Acting Chairman John Finn, who'read aloud
the Legal Notice as published in the Cortland Standard on 16 September 2016, 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 27, 2016 at 6,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 Lorna M. Wall for property located at 613
Lime Hollow Road, Tax Map _No. 95.00-06-06.000, for a variance in the terms
and conditions of Article IV, Section 178-16, to allow for a storage building. .
2. In the matter'of the application of APD Engineering & Architecture for property
located at 908 NYS Route 13 (Aldi's), Tax Map No. 95.16-02-45.000, for,a'
variance in the terms and conditions of Articles I,., IA, XVIII Sections 178-2C,
21A (1), 11 IF, 112 Table 1, Notes 2a, for parking size less than allowed, a
green space less than allowed, for building -mounted signs to extend above the
wall of the building, a free-standing sign with a height and area greater than
allowed, for a greater number of building signs than allowed, and building
signs to be illuminated.
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) 7567-7052 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.
4
David Plew, Chairperson
Zoning Board of Appeals
(Note: Proof of Publication has been placed on file for the record.)
. PUBLIC HEARING # 1
Lorna Mae Wall, Applicant, Reputed Owner" 613 Lime Hollow Road - TM #95:00-06-06.000
Storage Building
Acting Chair. Finn recognized the applicant who was seeking a Use Variance to place an Aniish-
style storage building bn the subject vacant parcel which is next to the lot on'which, she lives, as
shown on. the aerial photo .accompanying the application. She stated that her daughter, Ms..
McCracken, was moving back home "for awhile," and there was no room for such a building on
her house lot. There are already three small sheds, one in disrepair.
Page 1 of 4
NOV 2 2 2016
Minutes - Public Hearings - (T) Cortlandville Zoning Board of Appeals 27 September 2016
Acting Chair Finn stated he had visited the site and had seen her house and a blue building with
white trim (which she said was her home, but there were two lots). The subject parcel was non-
conforming to begin with as a variance was never granted; now she wants to put another
building on the same parcel, which would make two non -conforming buildings. Eventually, Ms.
Wall stated, she would put another house there. She added that the one building that looks like
a garage is actually used for storing lawn tractors, etc. There's no room for her daughter's items
in this existing building as it's full now.
Acting Chair Finn asked the applicant for some kind of timeline as to how long the storage
building would be needed. She responded that it would be at least until her daughter's divorce
has gone through. PZO Weber explained that when a house is constructed, the lot would then
be conforming, but without a house on this parcel, it's non -conforming. Town Attorney John
Folmer suggested that a variance could be granted on a temporary basis, i.e., six months. PZO
Weber advised that if the storage building was needed for a longer period, then the applicant
could come back before the ZBA to seek an extension.
Member Bilodeau thought that granting the variance temporarily would be the way to go; the
Board discussed the possibility, and also the status of the daughter's divorce.
Acting Chair asked if there was anyone present from the public who wished to speak regarding
the variance; there was no one.
With no one present to be heard,
Acting Chair Finn closed the Public Hearing at 6:18 p.m.
DISCUSSION/DECISION
The Board agreed that this was a difficult situation, considering the Order of Protection which is
in place, and the details provided by the applicant and her daughter. Member Joanne Aloi spoke
in favor of a "temporary" use variance.
After their discussion, the Board then proceeded with the required questions (balancing test),
with the responses being given by the ZBA members, as follows:
1. The applicant cannot realize a reasonable return, provided that lack of return
is substantial as demonstrated by competent financial evidence.
Finding: Yes, a reasonable return cannot be realized. All Board members
present agreed.
2. That the alleged hardship relating to the property in auestion is unique, and
does not apply to a substantial portion of the district or neiizhborhood.
Finding: Yes, it's unique. All Board members present agreed.
3. That the use variance reauested, if izranted, will not alter the essential
character of the neighborhood.
Finding: Yes, it will not alter the essential character of the neighborhood. All
Board members present agreed_
4. That the alleged hardship has not been self-created.
Finding: Yes (Finn, Bilodeau, Aloi). No (Lefevre).
PZO Weber advised the Board that they had gone through the criteria and have determined there
is nothing to disqualify the application.
Page 2 of 4
NICIV 2 2. 2016
Minutes - Public Hearings - (T) Cortlandville Zoning Board of Appeals 27 September 2016
With no further discussion, a motion was made by Member Tom Bilodeau to grant the use
variance for the proposed temporary storage building until 1 April 2017. The motion was
seconded by Acting Chair Finn, with the vote recorded as follows:
Ayes: Acting Chair Finn Nays: None
Member Bilodeau
Member Lefevre Absent: Chairman Plew
Member Aloi
Motion passed.
This becomes Action #29 of 2016.
(Note: David Plew arrived at 6:30 p.m. and assumed his position as Chairman of the ZBA).
I PUBLIC HEARING #2 1
APD Engrineerine & Architecture, PLLC. Applicant/Aldi, Inc., Reouted Owner - 908 NYS
Rout 13 - TM #95.16-02-45.000 - Storaze Building
Chairman Plew recognized Chris Kumbar, representing the applicant's firm that was the
engineer/ architect for a proposed new Aldi Store to be constructed on this site. Chair Plew
advised Mr. Kumbar that, although they were seeking variances for parking lot spaces,
greenhouse space, and signage, the ZBA at this time could only discuss their request as the
SEQRA review needed to be completed first. PZO Weber explained that, typically, the Town
Board acts as Lead Agency. r
Mr. Kumbar went through the variance requests. as indicated above and also as thoroughly
explained in APD's letter to the Town of Cortlandville, dated 2 September 2016, and signed by
Todd Markevicz, PE, a copy of which has been placed on file for the record. Mr. Kumbar
displayed drawings to show what was being planned. They plan to construct their newl9,000±
SF store on the same site as their existing 14,000± SF store. When the new store is completed,
Aldi will then move into that facility and lease the existing store. They were requesting parking
spaces that are 9 by 18 feet (10 by 20 feet is required), green space of 49.8% (where 50% is
required), and four building -mounted signs (two are permitted). The store will be open from 9
a.m. to 9 p.m.
Member Lefevre asked if any trees will be removed, and Mr. Kumbar responded that if some are
removed, they can be replaced elsewhere on the site.
Chairman Plew stated he had no problem with the 18 ft. length of the parking spaces, but he did
object to the 9 -foot width.
Signage was discussed in detail, including the "wall of the building" extension. The existing 25 -
ft. pole sign was discussed which could be left. Or a new sign, shared, but only eight feet high to
conform with the Guidelines. Member Finn commented that if another sign is needed, then a
variance would be required. PZO Weber commented that APD leave the existing sign and then
apply for a permit for an additional sign which would have to be a maximum of eight feet in
height; they could also ask for a variance to increase the amount of signage on the existing pole.
PZO Weber stated that the application, at this time, was not complete, but this Board could
request that the Town Board act as Lead Agency at such time as there is a complete application.
PZO Weber explained the boards involved in the approval process and what each board did. He
also advised the applicant, "at some point in time you're going to have to make a complete
application for boards to be able -to make a determination. You can go to the Planning Board
with a Sketch Plan Conference, but if the Town Board is ultimately the Lead Agency, that's a big
thing and I don't believe you're going to get an answer from the Town Board without them going
through the process."
Page 3 of 4
4&
NOV 2016
Minutes - Public Hearings - (T) Cortlandville Zoning Board of Appeals 27 September 2016
At the conclusion of this discussion, a motion was made. by Member Finn. to recommend to
the Town Board that they act as Lead Agency under SEQRA for the proposed. new Aldi store
at such time as a complete application is received. 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 2016.
ADJOURNMENT"
At 7:10 p.m., on a motion by Member'Tom.Bilodeau,• seconded by Member Finn,. with everyone
present voting in the affirmative, the meeting was adjourned.
r
J,J;E. Fitch, Board Secretary Emailed to KS, Bd. Members, JBF,
BW, DD, DC, KM on 11/22/16.
Page 4 of 4
ATTENDANCE SHEET
(T) CORTLANDVILLE ZONING BD. OF APPEALS MEETING OF
(Your attendance is recorded in the meeting Minutes.)
PRINTE13 I Name:
C- v l�ba.r
Regarding:
Complete Address:
MAY 1 7 Lu i i
'-•_,v-._mac: c�=.
ZONING i31� -=OF AP
49
JAN 2 7 2017
TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS
Public Hearing/Meeting Minutes - Tuesday, 25 October 2016 - 7 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
Matthew & Amy Hegedus, Applicants; Sherry Boone.
Others Present
Bruce Weber, Planning/Zoning Officer
Joan E. Fitch, Board Secretary
John B. Folmer, Town Attorney
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 October 2016, 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 25, 2016 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:
In the matter of the application of Matthew & Amy Hegedus for property
located at 3698 Delaware Avenue, Tax Map No. 96.06-02-17.000, for a
variance in the terms and conditions of Article V, Section 178-21A, to allow for
a front porch closer to property line 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
Matthew & Amv Hegredus. Applicants/Reputed Owners - 3698 Delaware Avenue - TM
#96.06-02-17.000 - Front Porch Setback
Chairman Plew asked Mr. Hegedus what the orange line was that he saw when visiting the
subject property. Mr. Hegedus responded that the line indicated where the proposed porch
would be. In response to Member Lenore LeFevre's question, the setback distance from the
right-of-way is supposed to be 35 feet, but they would like the setback to be 11.3± feet.
Member John Finn commented that the neighboring homes are similar in setback distances and,
in his opinion, the proposed porch location would not change the character of the neighborhood.
Chairman Plew asked if there was anyone present from the public who wished to speak
regarding the variance; there was no one.
With no one present to be heard,
Acting Chair Finn closed the Public Hearing at 7:04 p.m.
Page 1 of 2
JAN 2 7 2017
Minutes - Public Hearing - (T) Cortlandville Zoning Board of Appeals ' 25 October 2016
DISCUSSION/DECISION
l` With no further discussion, a motion was made by Member LeFevre to grant the area
variance for the proposed porch, as requested. The motion was seconded by Member Tom
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 #31 of 2016.
ADJOURNMENT
At 7:05 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 1/27/16,
Page 2 of 2
i
AUG 3 0 2017
ATTENDANCE SHEET
_CORTLANDV.1 [ZONING BD: OF APPrAVS �ETnvo oF,���
6
(Your attendance is recorded in the meeting Minutes.)
-<5'�PRINTE&" Naive: Regarding: Complete Address:
�G�11eyde►� I1�
,�-1 oe(at'im-e. Ave
ZONING BD. OF