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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 CoRTLAkDviLLEf XO—N—I N G -D- �B:—O K APPEALS MEETING OF �' (Your attendance is recorded in the meeting Minutes.) <' F -A A �—,PR-1-NT-f,I> Name: 5_ rp�6 -�/� V, ZVI ,)s Lo c, 01 Regarding: Complete Address: volunCh Z 2? 5 4ti'l /m S� C;O eqcv-q M C. M.0 4e- f,5 , I M +erbr L-4�0 - -/-,p pdf i 4wh 1171-aax 06A 214122 %91b 9 �"6n /31A� At ti 09 Q- 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 Z ATTENDANCE SHEET (�fT� CORTLANDVILLE� ZONING-80—.OF APPEAL MEETING_OFV�'>!, e� (Your attendance is recorded in the, meeting Minutes.) �PRINTEIY> Name: 6 �//� Wool) b,"ke,, I) �x j l zT It'ornv�t ✓1 I 16 `0�1v' ,� � e Ori✓1" o h d, T C t,,u-�i 11 Y� Regarding: Complete Address: 1,47A% ,oviSF Ao, &,,erz Alw,,S Iv -4 11 126v Lov�S� J72C'c2�Pt1.� L ��/Ai1,4i1f 7V,Pr,r/D Go cum. % �e-/�� U It Cv -o v r Q rYr r7`��v v` // i � 11�-L�,2 G71 E • I ./°. c9� uJt�� ..i � �ic.�J4.f;� f�i� , t - �. J i AuF_ CY�� ' r � keell J9'b o P 5- 13 (' o /-44,1 G-AVAP W WWOT, at l a-,fe 0,,Yl J COV444d, . At,-/' 71 41 , }ra:-r—I ;CP, Q'o AD _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: 9 Regarding: � � y Cf CA Rp�( 0 PP(e. /P/4'r8,ciC U Vt�Nt� �7:mll� lGYk✓: /�rCfur � / /��� �? ZONING Complete Address: 62y91-) 61 3- Tom NY 1(y S C�l.'t" 6 93 �r � l kl (er✓ �(y�-� Av-Ai,- It— CF� O./ 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— Page 2 of 9 1W 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 JUN - g 2016 20 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—" Page 4 of 9 JUN 3 2016 2-1 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 2-2- Page 2 JUN - 0 2016 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 `_' IT � CORT.L.ANDt7I�LLE JUN ? 9 2016 ATTENDANCE SHEET XZQfigl G BW,-QF-APPEA fS Z5a, IVI N, I roKf , g _ (Your attendance is recorded in the meeting Minutes.) Name: ,O v, 91/0�5NZIP Pao (ea-bL, I. ,r t e r L- 01 V -CA,+ -Fr, Regarding: lV Ar\) c`l P4 GC (' 41�"ks w(::c�U (Y\,r`�wcJ\�ao--�{�c� a. c J 5�19- Gee- Complete Address: q/5-1 MOL\,6xn sbra 3k,K5, 9114A del rl S q 7 N c,,LtFA) R, 4. Go 0--rL-A t\/\!O 41s 7 MAY12)1-k &J 0 JUPj 1 0 2016 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. 3-2 X11 ? 7 2016 ATTENDANCE SHEET (TY-1qp TI.iANDVILLe ZONING BD. OF APPEALS MEETING OF f � (Your attendance is recorded in the meeting Minutes.) <-`` /PRINTED Name: Regarding: Complete Address: -n n r 11 C CI av 1s - LION hu4d jh o o% o1-),ce AN I( oe's �v�riW��C�211C PAM V V C C^1 V, ZONING �O Rb �S�arr Co r- q,,4 4,' Ir I% Mp,, L., �,� (t4 M � .c�� � �., nn 60� o c.oADc s~ M _SY fekewe�N Y a r, t Cv (-+1"-..,/ L L L r 2 16 A tw-le� �� 110 1 APPEALS Meeting 330. 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: Cary _J,(,4 co, r -,4-j au, cd, 6-4k, 3l 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: 'Rom Regarding: Aviowu Gu �Eiraoe, tcact-,s h,/ 4V Complete Address: 9% W�41N % J -;- d elm �fr 0 ZONING _SBD= -0-F 9 r, h,/ 4V Complete Address: 9% W�41N % J -;- d elm �fr 0 ZONING _SBD= -0-F 9 /\6 gte..4i n . a61 0 q� 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