HomeMy WebLinkAbout2013INDEX OF ACTIONS - 2013
(T)CORTLANDVILLE ZONING BOARD OF APPEALS
nnEETING I
?DATE ACTION NO. DESCRIPTION PAGE NO.
2/26/13 1 JOHN REOME, APPLICANT/LEAMON EATON, REPUTED OWNER - 1596 'Oakcrest
Street - TM #96.36-01-07.000 - Variance GRANTED for front yard setback less than
allowed, as requested.
2 DANIEL J. FREELOVE, APPLICANT/REPUTED OWNER - 3550 Loope Road - TM #97.04-
01-03.000 - Variance GRANTED to allow for an Auto Repair business in an Ag District,
with a maximum of six (6) vehicles, and incorporating Items #1 thru 7 of the Cortland
County Planning Board's Resolution No. 13-04 dated 13 February 2013.
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3 USED CAR KING, LLC, APPLICANT/REPUTED OWNER - 3861 MYS Route 281 - TM
#86.17-01-11.100 - Variance DENIED for a greater lot coverage than allowed.
63
4 APPROVED MINUTES OF 12/18/12 ZBA MEETING, as submitted.
W
Joas,ry�. 'itch, Board Secree ary
Emailed to: Karen/Kris, TB, JF, DA, TA, JBF, BW & TW on 2/27/13. JEF
INDEX OF ACTIONS - 2013
(T)CORTLANDVILLE ZONING BOARD OF APPEALS
�MEETING
DATE I ACTION NO. DESCRIPTION PAGE NO.
3/26/13 5 JASON GENSON, APPLICANT/REPUTED OWNER - 2144 Blodgett Mills Road - TM
#107.00-03-13.000 - Varance GRANTED to allow for a front yard less than allowed, as
requested for new home. 17-
6 ALLIED SIGN CO., APPLICANT/CROWN COURT, LLC, REPUTED OWNER - 819 Bennie
Road - TM #105.00-02-04.000 - Variance GRANTED for the illumination of a building -
mounted sign, with illumination to be turned off within one hour of closing. 12.
7 USED CAR KING, LLC, REPUTED OWNER - 3861 MYS Route 281 - TM #86.17-01-11.100
- (T) Cortlandville ZBA asks PZO Weber to set aside 15 minutes at their 30 April 2013
meeting for Attorney Rick Shafer to discuss this matter. 13
8 APPROVED MINUTES OF 2/26/13 ZBA MEETING, as submitted.
iq
Joa itch, BoaC'Secr`e�ary
Emailed Revised copy to: Karen/Kris, TB, JF, DA, TA, JBF, BW & TW on 3/27/13. JEF
INDEX OF ACTIONS - 201.3
(T)CORTLANDVILLE ZONING BOARD OF APPEALS
- 1EETING
]ACTIONDATE NO.. DESCRIPTION'' PAGE NO.
4/30/13 9 USED CAR KING, LLC, REPUTED OWNER - 3861 MYS Route 281 - TM #86.17-
- 01-11.100 - (T) Cortlandville ZBA will not conduct a re -hearing to allow for a
greater lot coverage than allowed, but will accept:a new application. 2,p
10 - DAVID McNEILL, APPLICANT/CARL EDLUND, REPUTED OWNER - 31 (1221)
Bell Drive - TM #76.14-01-17.000 - Variance'GRANTED to allow for a side -yard zQ
less than allowed, as requested.
11 ROYAL. -CHEVROLET, APPLICANT/JOSEPH REAGAN, REPUTED OWNER -
3838 NYS Route,281 - TM #86.17-01-10.211 Based on the ZBA's findings, a
variance to allow the illumination, of a.building-mounted sign is GRANTED as 2
requested.
12 KASSIS SUPERIOR SIGNS, APPLICANT/CROWN COURT, LLC, REPUTED
OWNER - 818 Bennie Road (GNC Store) - TM #105.00-02-05.000 - Based in the
ZBA's findings, a variance is GRANTED as requested, with sign illumination to be Z 7 -
turned
turned off within one hour of closing.
13 DAVID LAW; APPLICANT/GERRY RUGGIERO,. REPUTED OWNER - 245
McLean Road (Grand Rental Station) - TM #96.09-01-26.000 - Based on the ZBA's
findings, a variance is GRANTED to allow for a building -mounted sign with an area 7-3
greater than allowed, as requested.
5
Joaitch; Board Secre�fary
(� Emailed Revised copy to: Karen/Kris, TB, JF, DA, TA, JBF, BW & TW on 5/1/13. JEF
INDEX OF ACTIONS - 2013
(T)CORTLANDVILLE ZONING BOARD OF APPEALS
MEETING
DATE I ACTION NO. DESCRIPTION PAGE NO.
5/28/13 14 ALLIED SIGN CO., APPLICANT/CROWN COURT, LLC, REPUTED OWNER - 818 Bennie
Road - TM #105.00-02-04.000 - Based on balancing test, variance GRANTED for the
illumination of a building -mounted sign (Maurices), with illumination to be turned off within
one hour of closing.
as
15 RICK SMITH, APPLICANT (dba Happy Auto Detailing)/PROP, INC., REPUTED OWNER -
3901 West Rd. (NYS Rte. 281) - TM #86.17-01-02.111 - Based on the ZBA's findings, a
variance is GRANTED as requested, from May thru November, with only two flags at one
time.
11
Joa itch, Board'See re ary
Emailed copy to: Karen/Kris, TB, JF, DA, TA, JBF, BW & TW on 5/29/13. JEF
INDEX OF ACTIONS - 2013
(T)CORTLANDVILLE ZONING BOARD OF APPEALS
t _MEETING
_ DATE I ACTION NO. DESCRIPTION
6/25/13 .16 METROPOLITAN SIGNS; INC., APPLICANT/GATOR CORTLANDVILLE PARTNERS,
LTD., REPUTED OWNER - 3654 NYS Route 281 - TM #96.09-01-02.200 (former Country
Max store) - Based on the ZBA's findings, a variance is GRANTED -for (1) the illumination of
building -mounted sign up to one hour after closing time, and (2) the free-standing sign with
the top portion removed, limited to a height of 13 ft. maximum, with the lower portion utilized
for the proposed sign as shown in the application.
17
18
19
LIME HOLLOW NATURE CENTER, INC., APPLICANT/LEE WEBSTER,. REPUTED
OWNER - 3269 Gracie Road - TM #105.05-01-12.100 - Based on the ZBA's findings, a
variance is GRANTED to allow for a lot with -an area less than allowed, as requested.
IPAGE NO.
29
30
USED CAR KING, LLC, REPUTED OWNER - 3861 MYS Route 281 - TM #86.17-
01-11.100 - Request for a variance to allow for -lot coverage greater than allowed 31
POSTPONED until the 30 July 2013 meeting of this Board.
APPROVED ZBA MEETING MINUTES OF 26 MARCH, 30 APRIL & 28 MAY
2013, as submitted.
33
} Joa itch, Board Secre ai ry
Emailed copy to: Karen/Kris, TB, JF, DA, TA, JBF, BW & TW on 6/27/13. JEF
INDEX OF ACTIONS - 2013
(T)CORTLANDVILLE ZONING BOARD OF APPEALS
�"VIEETING
DATE I ACTION NO. DESCRIPTION I PAGE NO.
7/30/13 20 FRED SCHADEWALD, APPLICANT/TREVOR SCHADEWALD, REPUTED
OWNER - 1177 Gallagher Road - TM #106.00-09-14.000 - Variance DENIED to
allow for a manufactured home smaller than allowed. 3`f
21 USED CAR KING, LLC, REPUTED OWNER - 3861 MYS Route 281 - TM #86.17-
01-11.100 - The Town of Cortlandville Zoning Board of Appeals requests that the
Town Planning Board act as Lead Agency for the SEQRA review of this 3(
application and, upon completion of the review, report its findings and conclusion
to the ZBA for further action on the applicant's request to allow for lot coverage
greater than allowed.
22 ERIC OLSEN, APPLICANT/CORTLAND STATION INC., REPUTED OWNER -
3836 NYS Route 281(Hoopla Frozen Yogurt) - TM #86.13-01-65.100 - Based on
the ZBA's findings, a variance is GRANTED for illumination of a building -mounted 37
sign, as requested, with illumination turned off within one hour after closing.
23 CORTLAND ENT, APPLICANT/DAVID YAMAN, REPUTED OWNER - 865 NYS
Route 13 - 95.00-10-04.000 - Based on the ZBA's findings, a variance is 3
GRANTED for the illumination of a building -mounted sign from dusk until dawn.
24 APPROVED ZBA MEETING MINUTES OF 25 JUNE 2013, as submitted.
38
Joaitch, Board*Secre W
Emailed copy to: Karen/Kris, TB, JF, DA, TA, JBF, BW & TW on 8/1/13. JEF
INDEX OF ACTIONS - 2013
(T)CORTLANDVILLE ZONING BOARD OF APPEALS
,MEETING
DATE ACTION NO. DESCRIPTION PAGE NO.
8/27/13 25 ANCHOR SIGN, INC., APPLICANT/CROWN COURT, LLC & SHOE SHOW, I,NC.,
REPUTED OWNERS- - 834 Bennie Road - TM #105.00-02-05.000 - Based on
previous findings/balancing test, variance GRANTED for an illuminated sign (rue
21), as requested, with illumination to be turned off within one hour of closing.
26 VLADIMIR LESHKIV, APPLICANT/REPUTED OWNER - 779 No. Lamont Drive -
TM #95.15-03-09.000 - Variance request to allow for a front yard less than allowed
is POSTPONED until 24 September 2013 ZBA meeting to allow for applicant/rep
to be present.
27 APPROVED ZBA MEETING MINUTES OF 30 JULY 2013, as submitted.
41
r
/ ^ Joaritch, Board'Secre5ry
v
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INDEX OF ACTIONS - 2013
(T)CORTLANDVILLE ZONING BOARD OF APPEALS
-EETING 1
iDATE I ACTION NO. DESCRIPTION
9/24/13 28 DIANE FERRI, APPLICANT/PATRICIA WOOD, REPUTED OWNER - 743 Bowling
Green - TM #95.11-01-39.000 - Based on the findings of the balancing test, a
variance to allow for a front yard less than allowed is GRANTED as requested.
lPAGE NO.
y `t
29
CORT-LANES, APPLICANT/JOHN PARTIGIANONI, REPUTED OWNER - 928
NYS Route 13 - TM #95.16-02-46.000 - Based on the findings of the balancing
test, a variance to allow for greater lot coverage than allowed is GRANTED,
45
contingent upon (1) if proposed Town sewer line does not go through, the existing
garage must be removed, including the concrete pad, OR (2) if the sewer line is
installed then a 12 -foot wide area between the entrances shall be converted to
green space within two years.
30
SALLY BEAUTY SUPPLY, APPLICANT/SHOE SHOW, INC., REPUTED OWNER
- 828 Bennie Road - TM #105.00-02-05:000 - Based on previous
findings/balancing test, variance is GRANTED for an illuminated sign, as
requested, with illumination to be turned off within one hour of closing.
31
STACEY BROWN, APPLICANT/DAVID YAMAN, REPUTED OWNER - 859 NYS
Route 13, Suite 100 - TM #95.00-10-04.000 - Based on previous
findings/balancing test, variance is GRANTED for an illuminated sign, as
requested, with illumination to be turned off within one hour of closing.
32
VLADIMIR LESHKIV, APPLICANT/REPUTED OWNER - 779 No. Lamont Drive -
TM #95.15-03-09.000 - Variance request to allow for a front yard less than allowed
y-7
is POSTPONED until 29 October 2013 ZBA meeting to allow for applicant/rep to
be present.
33 APPROVED MINUTES OF 8/27/13 ZBA MEETING, as submitted.
�. Joa itch, Board 'Secrefary
Emailed copy to: Karen/Kris, TB, JF, DA, TA, JBF, BW & TW on 9/26/13. JEF
INDEX OF ACTIONS - 2013
(T)CORTLANDVILLE ZONING BOARD OF APPEALS
MEETING 1
DATE I ACTION NO. DESCRIPTION
I PAGE NO.
i
10/29/13 34 VICTORY SIGN, INC., APPLICANT/DENNIS NORWOOD, REPUTED _OWNER -
826 Bennie Road - TM #105.00-02-05.000 - Based on previous findings/balancing
test, a variance is GRANTED for an illuminated sign, as requested (GameStop),
with illumination to be turned off within one hour of closing.
LM
35 DANIEL J. FREELOVE, APPLICANT/REPUTED OWNER - 3550 Loope Road -
TM #97.04-01-03.000 - Variance GRANTED to operate an Auto Repair business
(new larger building) in an Ag District, as hardship previously established on
2/26/13.
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36 VLADIMIR LESHKIV, APPLICANT/REPUTED OWNER - 779 No. Lamont Drive -
TM #95.15-03-09.000 - Based on the findings/balancing test, a variance is
GRANTED to allow for a front yard less than allowed, as amended.
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37 TIM WIESE, APPLICANT/UC CORTLAND HOUSING, LLC, REPUTED OWNER' -
951 NYS Rte. 13- TM #95.16-01-15.000 - Variance DENIED for greater number of
signs Wheight & closer to property line than allowed.
Joa .;Jf—Cfi'_Bo'ard-S&reC6
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INDEX OF ACTIONS - 2013
(T)CORTLANDVILLE ZONING BOARD OF APPEALS
7AEETING ' PAGE
DATE I ACTION NO.. DESCRIPTION ' NO.
12/17/13: 38 : GREGORY LEACH; .APPLICANT/CARL- LEACH, REPUTED;OWNER -.1841 East
RiverRoad - TM #77-.00-01-51.000 - Based on .the findings/balancing test, the
requested variance is GRANTED'.for :a front yard less than allowed, with the
condition that when the carport is no longer needed by his parents it must -be
removed. , f
39: CLEARMIDEO, LLC, APPLICANT/REPUTED OWNER - 3246 So. Cortland -Virgil
Rd: - TM#s105.08-0.1=14 &:7 and 165.00-02-02.- Use variance GRANTED to
allow fora gas station in a B-2 District, as requested.
,�K
40 JOHN MONTAGNE, APPLICANT/WILLIAM PORTER, REPUTED OWNER - 1094
NYS Route 222 TM #86.13-01-54.000 - Public Hearing/Decision Meeting
POSTPONED to January 28th to allow applicant/rep to be present.
41 APPROVED MINUTES OF 10/29/13 ZBA MEETING, as submitted.
Y.
f
Joa itch, Boa�d�Secreefa
Emailed copy to: Karen/Kris, TB, JF, DA, TA, JBF,. BW & TW on 12/18/13. JEF
MAR 1 8 2013
C�TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS
Public Hearing/ 'Meeting Minutes - Tuesday, 26 February 2013 - 6:30' PM
`J 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 E2 Fitch, Board Secretary
Thomas Bilodeau John B. Folmer, Town Attorney
David Alexander
Thomas Aloi
Avulicants & Public Present
Attorney Mike Shafer for Used Car King, LLC; Applicant; Daniel Freelove, Applicant; Leamon
Eaton for John Reome, Applicant; Dorene Eaton, Ron Powell, Frank Kelly, Patrick Reidy,
Chuck Feisali, Peter Det??, Nick Marsella, Jim Gosier, Eric Mulvihill of WXHC.
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 February 2013, as follows:
Notice is hereby given that a Public Hearing .before the Zoning Board of Appeals of the
Town of Cortlandville will be held Tuesday, December 18, 2012, 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 John Reome for property located at 1596
Oakcrest Street, Tax Map No. 96.36-01-07.000, for a variance in the terms
( and conditions of Article V, Section 178-21 A 1, to allow for a front yard less
than allowed.
2. In the matter of the application of Daniel Freelove for property located at
3550 Loope Road, Tax Map No. 97.04-01-03.000, for a variance in the terms
and conditions of Article III, Section 178-11, to allow for an Auto Repair
Business in an Agricultural District.
3. In the matter of the application of Used Car King, LLC, for property located at
3861 NYS Route 281, Tax Map No. 86.17-01-11.100, for a variance in the
terms and conditions of Article I A, Section 178-2.2 A (I) (8), to allow for a
greater lot coverage than allowed.
The above applications are open to inspection at the office of Bruce A. Weber, Planning
& Zoning. Officer, Raymond G. Thorpe. Municipal Building, 3577 Terrace Road,
Cortland, NY, or 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 10
Ol
MAR 1 8 2013
Minutes - (T) Cortlandville Zoning Board of Appeals 26 February 2013
PUBLIC HEARING # 1
John Reome. Applicant/Leamon Eaton. Reputed Owner - 1596 Oakcrest Street - TM
#96.36-01-07.000 - Front Yard Setback
Chairman Plew asked if there was anyone here to represent this applicant, and a gentleman
raised his hand (determined by Board Secretary to be Leamon Eaton, the reputed owner).
Chair Plew then asked Mr. Eaton if there was a step there before, and the owner responded
that there was, a long time ago, before he purchased the property. There's a door there that is
not used, so there are no steps; it is there for a fire escape.
Board Member Tom Aloi felt that it would enhance the property. Member David Alexander
asked the owner if they had increased the footprint of the home, and Doreen Eaton responded
a new roof had been put on. Chair Plew added that, in the aspect of safety, there should be
steps there.
Chairman Plew asked if there were any comments from the public present; there were none.
With everyone being heard who wished to be heard,
Chairman Plew closed the Public Hearing at 6:34 p.m.
DISCUSSION/DECISION
With no further discussion, a motion was made by Member Aloi to grant the variance as
requested. The motion was seconded by Member Tom Bilodeau, with the vote being
recorded as follows:
r_ \ Ayes: Chairman Plew Nays: None
Member Finn
Member Bilodeau
Member Alexander
Member Aloi
Motion passed.
This becomes Action #1 of 2013.
PUBLIC HEARING #2
Daniel J. Freelove. Applicant/Reputed Owner - 3550 Loope Road - TM #97.04-01-03.000
- Auto Repair Business in Ag District
Chairman Plew stated that he had been by the subject property and observed four vehicles
(one of which was not licensed). He stated his problem was the applicant had already started
his business. Mr. Freelove stated that he had not. Chairman Plew then asked the applicant to
explain what his hardship was, and he responded that his overhead cost would be a lot greater
if he conducted his business elsewhere. He wants to be a one-person garage to support his
family. Chairman Plew then asked him why he didn't work as a mechanic for someone else?
Mr. Freelove responded that he's a family man and working for himself allows him time and
flexibility to be a father.
The number of vehicles to be allowed was discussed; Mr. Freelove stated there would be no
more than six there, including family vehicles, and he would abide by whatever the ZBA would
require him to do.
Member Tom Aloi commented that the proposed business is located far enough off the road so
it wouldn't bother anyone. There are pine trees there that would act as a buffer.
Page 2 of 10
low
MAR 1 8 2013
Minutes - (T) Cortlandville Zoning Board of Appeals 26 February 2013
Chair Plow commented about a television and "stuff" in the front yard, and he did not want the
property to become a junk yard.
Chairman Plow asked if there were any comments from the public present; there were none.
With everyone being heard who wished to be heard,
Chairman Plew closed the Public Hearing at 6:42 p.m.
DISCUSSION/ DECISION
After a brief discussion, a motion was made by Member Tom Bilodeau to grant the
variance to allow for an auto repair business in an Ag District, with a maximum of six (6)
vehicles, and incorporating Items #1 thru #7 of the Cortland County Planning Board's
Resolution No. 13-04 dated 13 February 2013. The motion was seconded by Member
John Finn, with the vote being recorded as follows:
Ayes: Chairman Plew Nays: None
Member Finn
Member Bilodeau
Member Alexander
Member Aloi
Motion passed.
This becomes Action #2 of 2013.
PUBLIC HEARING #3
Used Car King. LLC. Applicant/Reputed Owner - 3861 NYS Route 281 - TM #86.17-01-
11.100 - Lot Coverage Greater Than Allowed
Chairman Plow recognized Attorney Mike Shafer, representing the applicant. Chairman Plow
stated he had a few comments to make before Attorney Shafer presented his case. He
acknowledged that Attorney Shafer's client has a right to request a variance. However, the
subject parcel is already non -conforming. Green space, he continued, was set up to be at least
50% and, if this variance was granted, green space would be reduced to 26.7%. He then asked
Attorney Shafer, "How can Used Car King, in good faith, good conscience, dealing with the
people of Cortland County and the Town of Cortlandville, how can they come to the conclusion
that we can only have 26.76% green space?" And his second question of the attorney was
"And what's the hardship?"
Attorney Shafer responded to the second question by saying that the hardship issue has
nothing to do with a bulk variance. PZO Weber agreed this was partly true. Attorney Shafer
explained about what the State Appellate Court's criteria are for area variances v. use
variances. He continued by stating that his client owned the property and paid taxes in the
Town, operated a business employing individuals, generates sales taxes, etc., and has every
right to come before this Board and get a fair hearing. There is no moral implication. Chair
Plow disagreed and stated that when his client stated they were going to have 26.7% green
space, "that says to me that (regarding) the water quality for the Town of Cortlandville and the
City of Cortland, he has no regard for the quality of water." Attorney Shafer attempted to
respond, when Chairman Plow asked him to go back to the first question. The attorney then
explained "the sole purpose of this Board. . ." and its function. He further stated that he
resented the implication that his client did not have the right to come before this Board and
ask for a variance. Chairman Plow agreed that the client did have the right, but he was
questioning "the quality of the water in the Town of Cortlandville and the City of Cortland
because you want to decrease what the Town Board has set up, 50% down to 26.70/o—why?
Because you want to sell more cars?" Attorney Shafer answered "exactly."
Page 3 of 10
63
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MAR 1 8 2013 b�
Minutes - (T) Cortlandville Zoning Board of Appeals 26 February 2013
Board Member David Alexander calmed down the contentious dialogue between the Chair and
Attorney Shafer by reminding everyone that the Board had a duty to allow the attorney to
present his case. Attorney Shafer stated his client had spent considerable time, etc., in
appearing before the County Planning Department, meeting with the Coordinated Review
Committee, and coming to this Board. He appreciated the questions asked, but did not
approve the mechanism nor the brusque tone of how it was asked. His client was prepared to
have a condition of the variance, if granted, to be a Stormwater Pollution Prevention Plan
(SWPPP) that meets the requirements imposed to insure that the Cortlandville's water quality
is protected. His client has no intention of polluting or reducing the water quality in the Town.
Attorney Shafer then reviewed the required criteria that the ZBA is to consider, and followed
with his answer:
1. Whether the variance would result in an undesirable change in the character of
the neighborhood, or detriment to the neighboring properties.
No, it will not. There are industrial uses here, and it is the busiest commercial
strip in Cortland County. Bordered on the south by a property that has
significant lot coverage already—all used for car storage.
2. Whether the benefit that could be achieved by the property could be done in some
method other than a bulk variance.
No, there is no other mechanism to be able to store additional cars on the
property.
Member Aloi asked if using crushed stone would alleviate the problem; Attorney
Shafer responded this would be a part of the Site Plan application if a variance
is granted. Member Aloi asked what was to prevent all the other car dealers in
the area from asking for the same variance? Attorney Shafer answered that
these would be individual acts that would have no bearing on the Board's
previous actions. Member Aloi commented that County Soil & Water was
opposed to the granting of this variance, so there must be some reason they feel
the way they do. Member Alexander then asked if there were other nearby
properties that are available that would accomplish the same thing? The
attorney responded that, if available, the detriments would be greater because
the only available spaces nearby are also over the sole source aquifer.
3. Whether the variance is substantial.
Yes, Attorney Shafer conceded that "it is a substantial variance."
4. Whether granting of the variance would have an adverse impact on the physical or
environmental conditions of the neighborhood.
It is understood that any variance granted would be subject to the strict SWPPP
requirements.
5. Whether the alleged difficulty is self-created.
This property has been developed and used as a car dealership for 40t years.
They have done nothing to create/ enhance the hardship.
Page 4 of 10
MAR 1 8 2013
Minutes - (T) Cortlandville Zoning Board of Appeals 26 February 2013
Chairman Plew asked if there were any comments from the public present; there were, as
follows:
Ron Powell. Co -Chair of Citv of Cortland Environmental Advisory Committee - Has
been asked by City Mayor to express City's opinion. Mr. Powell read aloud the
Committee's 2/26/13 memo to the Cortlandville ZBA and Planning Board (copy
attached to these Minutes as Attachment A).
Frank Kellv. Co -Chair of Citv of Cortland Environmental Advisory Committee - This
is a legal issue, but observed it is a variance. Rules and regulations are what is
needed. Has sought variance for himself in City. Bought his property knowing
that adjoining lot was commercial. Sun Auto knew what their constraints were
when they bought the subject property. Board may have grounds to deny
requested variance.
Patrick Reidv. Water Oualitv Specialist. Cortland Co. Soil & Water - Neither for nor
against the variance. Referred to his 21 February 2013 letter to this Board (copy
attached to these Minutes as Attachment B). Cumulative effect is what's
important. Talked about impervious surfaces and provided the Board with a
graphic entitled "Lot Coverage Impact on Water Quality" that he had prepared (copy
attached to these Minutes as Attachment C). One project unlikely to have big
impact on aquifer, but cumulative projects over aquifer most likely would.
Described three wells in area: Lime Hollow Well, City Well, and Terrace Road Well
in relation to current lot coverage. Asphalt, he said, in time, could impact the
aquifer. Asked the ZBA to consider the role that the lot coverage restriction plays.
Attorney Shafer stated that he had one follow-up comment: This request for a variance has
nothing to do with "spot zoning," and as mentioned in something Member Finn had said
earlier, this has no basis in law.
Town of Cortlandville Planning Board Member Nick Renzi, who was present in advance of the
Planning Board's 7:30 p.m. meeting here, commented on the purpose of the lot coverage
restriction in the Code, and that it was. more lenient than what was wanted.
With everyone being heard who wished to be heard,
Chairman Plew closed the Public Hearing at 7:16 p.m.
DISCUSSION/ DECISION
Member Alexander asked that the written comments be included in these Minutes for the
record.
The Board discussed the requested variance and why the regulations were in place. Applicable
portions of the Zoning Ordinance were read aloud by Member Alexander (Section 178-3 of
Town of Cortlandville Code, amended May 1, 1998 by Local Law #1 of 1998, and January 16,
2008 by Local Law # 1 of 2008, and Section 178-2.2) relating to lot coverage. It was his opinion
that the need to compromise the regulations had been adequately addressed. He also
paraphrased from Mr. Reidy's letter (Attachment B). Member Alexander felt that the
applicant had not met the burden for this Board to grant the requested variance.
PZO Weber added that the Board had talked about significance of the variance being granted,
(5% v. 10% v. etc.) so he thought that the Board should indicate, for the record, that the
variance being requested is significant. The Board agreed. PZO Weber then, in response to
Member Finn's question, indicated the process which would be followed if the variance
requested was granted, i.e., it would proceed to the Town Planning Board for their approval.
Page 5 of 10
12
MAR 1 8 2013 - C .
Minutes - (T) Cortlandville Zoning Board of Appeals 26: February.2013 .
A motion was made by Member Finn that the variance' be denied 'for a greater. lot
coverage than allowed.: The motion was seconded by Member Alexander, with the vote
recorded as follows:
Ayes: Chairman _Plow Nays: None
Member Finn
Member Bilodeau
Member Alexander
Member Aloi
Motion passed.
This becomes Action #3 of 2013:
APPROVAL OF MINUTES — 18 :DECEMBER 2012
A motion was made by- Member Bilodeau to approve the Minutes of the 18 December
2012 ZBA meeting, as submitted. The motion was seconded by Member Finn, with the
vote recorded as follows:
Ayes: Chairman Plew Nays: None
Member Finn
'Member Bilodeau
Member Alexander
Member Aloi
Motion passed.
This becomes Action #4 of 2013.
ADJOURNMENT
At 7:25 p.m., on a motion by Member Finn, seconded by Member Alexander, with everyone
present voting in the affirmative, the meeting was adjourned.
E. Fitch, Board Secretary E-mailed to KS/KP & TB, DA, TA, JFinn,
JFolmer, TW & BW on 3/18/13.
Page 6 of 10
MAR 1 8 2013
Minutes - (T) Cortlandville Zoning Board of Appeals 26February 2013.
AITACHNIENT. A.1
Statement Of Ci( YO1COhhwdEnWrJunfiien1m I Advison-Comajilim
Ia. m.Tow.:n: of Cor'dandville
Used Car Klhg,l3ulk Vnriani.ic & Codditicinal PcVmit Application
To'. Cortladvillo Zonlikg Niard of kppc-s and Planning Riard.
ThkzmnTMttcc is cliag;,kil vvith providing ndvice And tnafiagin' rewurves.to.tiid Lh&'MaYW
and c611*on OnI1661, Litheir;'ff&ts io prollioie re'sponsilile'enOwntnenial iiewardShip,and
11Tntect enc, rtibllc heal,th,orCarttand 6L.- Tqi-donk. It. im'Our belief that ibe Above Tcrr-.rt!n.L:t!d
- f thoso'ci c
rcqbdcT o0djecipardizo e both bicitim if itis nippro"w4, Fisnothing J5 rhinoit . tipotEatLE to the citizens or-iinth the city and town ths t . i -a ready mppof pure wa:cr from our
S&sourer aquifer tijid--thc �mplolty of xhc land t6properly.abkrb and veiaja slormx6ler.
1is" apramm-frem the recommendations wid fewhilien i6brnklod by the COrLIBfid bkLhLy'
vltmnlng 1iqpartmcrr and Emitting Duard. that Corilundville tiffloials watild havejalump
thmugh an almost cndi6i series nTh6aps (Ligrent.mch n requp.0 in a disti-100c time has
ticsiefflied a -i tho rnmtrestrictit c "for dcvc-lopmcar. We Illicad Protection Zoix 1.4- First and
.
peth'aps4imemm-1 among them is clic gvewspace requirement that %auld bccornpwnligid-
.and not liyjUqt, 4 Small PhIOUDC. rWer,'; SCJL tare rwl of dim ini sh Ld:STL!01Sr4C0 T�T.. resems wtv
square foot lot of aq h i fier meburk.r oren and s*nrmwpt . c . v mention p6tcatl6l, ItUkc Lm
Sq1m.1v. fiu.Ior.pernieahlb surfa;c,av,l.11ablc to,olcarise possibLewataminants frim the
groundwaLer that sijpl tics the wcJli ofboth .toWnwid city., The condftiOhS, vontinge.-Wie,.and
G1Yeuiy and reclidn. , perim t. s pirmi-'ahi, ei),mpliumm. -,Jidairl r.-I�MiN, 01kME d
1. md varia ces I . a P T1
Tnorc plans outlinxI by tht viunty LU raci
1kat. appri*al; (ifthis py6jcm arc alrn65; inyond
enkimmation. Appruvalniq L nlsn he con5tRcd
as spat zoake ro favor a panimi hit blisiness.
at 11 ex sr nF he '11b.,jag offlic cionundrity cit latae and in direct cofitrivention armif-
�e pan t wc
imposud-Tceplallons put ) e
Ptirlh place s P
ecifically Uo protect puhlic`hcteId
This commillet belirvbs and has advii6d ch- officlais that utichocked development and the
pavifte-over of trim: rind Tnmc orm space abovc the aquifer—be it W-111011 City 11111JE9 Or
elsow6rc.—can only �4va mptive consequ . e . j - ices . in the,10'rif,- nin. including bUntA limited
la, dirniniAod vmtcr titialityand quantity arid the pol.--nLik1.far fidFL-ALA flowtlift,
dow'mfteant-in the Otter Creekiand Dj% crcek hmins. Finally, oiio:tli.9tland i.3Banc to
7 -
one where the ',,dpplae point' coo
much deve1LpmvnL=LaA11V fieki but. nc ergo the Planniiig-Doard and
Town toard to cr:r on the side of caution.. abide �y the mg -Wm ions Chat, are in plate fur die
protection ofaur aquifer, 1811 i0j=l this ypplicatian.
We than, you fi-Tvoijr conside0don of Vi mattei-
City of C*ottland Coinmilw4
Frank Kelly, Ron Vqwcll—(O-Clmirs
Ralph Hcs,rc-
Deniso Hoxhkjis
00W)a Lleb �- rr n u-- h
S6n, Watrims
Page 7 of 10
70
MAR 1 8 2013
Minutes - (T) Cortlandville Zoning Board of Appeals 26 February 2013.
ATTACHIIIENT 113
f' `r lii f'r)ut tjr' Stip rri<iri
gel'1 rye m rt flS4'f VU�f(?IT �IS�/'�<•'t
11. lsrin ,1tuo 2 2,,tuiiJaoU, l' yiUiS-
. _ Nhoni:,(613i}_'Mi��96 Tyxi (6ii7t ?if -Oil'!' - ..
r*ii'exorllGnil�i�t J.org
Stt'r-,h,iisn014hVeiiooFroi"We meevvsri,trt.•cur 11ATfYdl Wi>lNiW
relrivary 21;_' -13
illi�7,iiiift•t;'Roardo ilppeA]5
lui� i of C6,11a iilville =
3 7 tftar: g' OctK
Cortliittct: NY-.13(F4� - _ ,
Svbiea 1i Lut'c�:enge �;�marire l"ur_SUmkira Aclii.
' •ileai=MrrPlii�; - - -
Ffir+curs.i•iCnrtI§adi:nuitywj, D,bnr9t with.11ieVacC
tiii6ivil.And niiar cnnicijimiiiic rii4Ee-A.0F'Imilero.1mlOnpIthvSVICSum'TctiKitq(u,if.f` grt„h
at
pircigualritooverhalfthe, Unit., lii1,i
ifcrisa'rVuiiblc.urd;sitls¢rab(r,n:sttrtcc;
. Tl a Vorini s nc i iti m muceiarpo with cont rno.mkil, ifrdu` tri?l alts' ullye `lith t w 'i :ivr lktr ilcjiiifei pivstm
yc:nle_ltizlof rich lei lllr-yiiaGly" nt'►valar in stir itgltifri; and io the tjualiti of ddn' iiigr'W;atet41t11dn w -n fr in-
th�tiquifetb�
by-"
CfSttltntcivi l lq lies 3ltpticri a Jit<tterf] of llei:tb ptwtCtpi C irr rquifec pivle> liun EV,;0 aplirtg 4�iriiitaa tttuinv,
c""UhiewM- theY;:arp:• - - - -' -
• ln"14i1It. thctnwn adapted en Aquiicr Prnrfa tion futtiiet,m pic3ci c the gtiaiih, i d, gtfllity 61 ttie
•titan's pp' indwarei i'vsautre,, L�'ilhin. shit ihStiit=l tEte;e ct PF ririitic ;f1w,rr�I 'UcfF)iirul'usr_
iii•liwtlirrs, ar.:l,rriluirmn rls fai ulloK•cd_u's"cs that arr intcndialao22
piritcct.tti,� oquitgr :
",Iri-Iy4;;ihetrititiritid�i�itcri>:'Srrri�natar,,nr.9iaaiice;riitiuj+clateif.l'si.grdiritnCe'Ui20!3F.
ntrlriiitcz'islni ndCdtt�initit:i c'iiriui;i�rE�ivlilc:ris. 11id'itittsurrgitirry;lrrnIMatiifjufi&ff,,u�,
u:tlrellrfl sloriitzvulri riitii]!T lhut infiltrates to groirndti litLr Na Id6miticuirt ptitoniial.tlir,'cut t'e' clic
-
1n 211(IH :tl c'v) m bi opted lbc 16i, onrcrage iaw -'; *hicli litniri,mc inwi itii nt 4*16 vioas 3udiis z in .
- 'thCeriiictil.wellheadrai»es, - - - - - -'
Iti'f.hglicp.:ihtit {:ortlmtdvillo cs,ticry snpt?�r-_9i%,nfccmi;;triic_primty�.h; licit r4cq�ti`i;��c ,r,9t ttC4iltl>illed
iici . lrtncht_,r4`I' tllt #t1111efer J+oses rig to its dliii[ciiSe'w:iier §olu e, aiid' itwt of the :C ii ,uf Cord:rrid::';l hr .
b:...:
ll
T;;,*UMITI
.re ulatiun> il:xribed uhu�r_u ork:iri landcrri to mlvurrcc; ii sparsihlc,ija :cl,;ltinc(it over tti�
cntie:?I 7uLA%<?fthe qu:fcr,,
Wh i ihs:`propmrd Sun King Auto tw irr� lytricplirstun.• lul' iitiL�rao'q, ls'lhiS wm: bcfarrc"}ou Lii'Mntly; tfig
eilr is n It in conipltunrc with the to n's It�t.aticitil c icqujrcivm'.iA (i;1°'o cov xal vcr�ris
Bui ircausc this is a pre-cxi§tinitccnd'itiian; it itt alloucd uiid�r_ihe usum's, envie, It i5 riur itnderitatiding ilia
tr= �irrilt� ed jiarking ILI wnul:i In reiise lol cgveeage.to 770,4. i+hi-mi. int it:alr_ that miy.- wdifruiburh'
Page 8 of 10
MAR 1 8 2013
Minutes - (T) Cortlandville Zoning Board of Appeals -
26 February 2013
ATTACHMENT B Qcomt'd� .
• �IlPldll"aI I2t0E+C tV �GG[t't.SC Ii+l C,UVCt,tI,�L," itCd irwrewc,.it.• - • _
ff* rc�uttriiiciicsrtftl: guifcr"06mtecrio?iDiiriivf,Ait't111ieSkiia�yuiizOrilirpirurprv.iile.iide ne zr •-
�mtccti0i), in the aq�.tlf@I I+III ILC? l':1a17UI kIC CCPCCtGd IU GUW�'ICIGIj pC�+enl putontiul; ..........ui;. is tllc apuitci ,
Fur y numL of reasons: the 1w5t'vnvera;;c rrgi$rcmentsme an impair tt Addition to t v R' F iiiu1_t.1- iiet• ;
simnch to agnitior protection:
luatjulfer.`ardit ,uatra:'l+vilv;:msaria.ural;"stilt=cictiru�ine`uhilily,cril!txiits'atisiniilFuitieca{iacity.`'
tm: moe:"lhtilvmiuu,phpsicu?:chemicalandbioingicalpro:csces`workir,'tl-,e6virnnmentln=
' csscitiallyrcnicncariinmohiiii��lRlhlla:lt3. Rr7rAA3itrlifltlYP.CAhlfliyl[itrOltC(I. Auyuiir.::. •
rlcti'cld+ptncnt•ntzr t1te. itrluifwst Un4 A iutc I+wY+N:tibility of rair�iite siutifiwinrl daitiii;e to
lhc. isyillii. _ 4i', -
*i6 �po?tilhwNu :or. lhG cfrnsitq of devalopcnen! (lot coveruee) can xceDd the insimilr:tive ct3jiAcitj :.
liFeii b, sirieity udhcring to tlic currant lot ctfrcracc rnjpirmaats+3
, all mar hAlrpi Ihd critical iii iD
o?nc�=aqui%r cn%tl l+�.anie k ev4lupe4 *ver tiitov.- IIopCiully, ilia 'bine lui' 0vumW,-T gyiicriterts
:illaquatq 14Uparveiil• fuiu,drgt*iatipn of 1} a nyui_ter.
'I he kit rat vino royuircgchR comple6cht the goals of t1i't Agiti fcr prc�ic t inn:hestric : Rr tri < ktits,
shbirii tl �t,'ns the amonnc nt' imper� ipU4 3urit9c: incr;
w5. iunol< to stma%nyina:itia , i hd iieha Y;c,`
6.0,1_ )isii[jw.ater drereae0. Pretxe wigLaGen �p.+cc p;Umeler infittradon of :Icon iratcr tq tlrc aguifi
and hr1Fs ici cdnrt> ln-�tdryi uta supply of wmt.r o}•cr the Inn � tarir,: '
' I he lot coi aiia �;c roquii iiicats also i 6tupltalenl [liz Slc�rinwiitel" Utiii:►aJiCe tip.srUin6 .aide �mepi
space that can t,<i!srd for ,lArruaute :troahneal, -lie have stw:i i:rsumccti'vt km: apropmd
os
ileyclepuiGut has as-nuich lut':oy&age ihdl •wty liitlr. 'leird 551; tt:YaT Vn •inwarcr: nartstP! incur;
iimu.iiQIn substuMarddorigns ;
t 7 i' FiiirtFl ; itnpeivi4tis,sur%ice3 Licr tss lkie atui�urti tv J'rulC;oi trMO-1 '.0 St:iRitna, ►;hieh,can I;=id t6'.
i qi ,itad IIQodkLI rl lIedne to ltri crY��i C TcquirisiiiisntsKill hCul inl iirfi6c ur►rctlniWink`a ni
- -;-•- :
nEI;c_prebl-rn,a
Thz
111i 51 of SW& is to promu lc lhti cank: aiion'siiid i; sq'uscirt; the cnuntg's nrmiral-ii s iiiec3. We
iindgrsiuii:i thud cstkier toMOM and issu4s l ikcl} go into tl>c 7R:4's.'d6,i06 "piakirig px%icess:.iirr tissp iW611v
j+i.n idc this ir,fi�rtirtrinn 0
4 h ekpoutxl iia tkt� lc+rin'a ltiilvty: of bol iuckng ewnat tic eru:rth �riiih.lm+ citioii
iwf the egtiif4e uud ullzr t.. Ent
ietnrirrntcetls are:imprrtant. � • - ." - -
Plcaso-crinrisf;tnc:itjiiii liht;�c aiy:}�nc;iinns,
Siiiccrtlti;. ,
Patrick, R. cid} -
Wtrk1ii3lily:�priiulist
hiiiAii�3t ,1rt+ri S14'CVVG s
Page 9 of 10
ml
MAR 1 8 (2013
Minutes - (T) CortlandviII6 Zoning Board of Appeals
26 February:2013:
ATTACHMEW
Lot Coverage hnpaO on WateTQUality..
loin -
Terrace Rd Well
......... . ......... ...............
80 . ............ 7— ........
. ........... ................. . ................ ........
City Well
40 . ....... .............. ...... ............
Lime Hollow
Well
20 - — ............... i
0
. . ........ ..... `� �;
.............
4yo
-2 ioox) 40%
Esfim'ated Cuffent Lot Coverage
pt�rceht),
®Sodium El Chloridc
Page 10 of 10
lb
APR 3 0 2013
TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS
Public Hearings/ Meeting Minutes - Tuesday, 26 March 2013 - 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, Acting Chair Joan E. Fitch, Board Secretary
Thomas Bilodeau
David Alexander
Thomas Aloi
Almlicants & Public Present'
Jason Genson, Applicant; John Montagne & William Cranford for Allied Sign Co., Applicant;
Brian Buttner, Geoffrey Tyrrell.
The Public Hearings were opened at 7 p.m. by Acting Chairman John Finn, who read
aloud the Legal Notice as published in the Cortland Standard on 14 March 2013, 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 26, 2013, 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 Jason Genson for property located at 2144
Blodgett Mills Road, Tax Map No. 107.00-03-13.000, for a variance in the
N terms and conditions of Article III, Section 178-13A, to allow for a front yard
less than allowed.
2. In the matter of the application of Allied Sign Co. (Crown Court, LLC) for
property located at 3550 Loope Road, Tax Map No. 105.00-02-04.000, for a
variance in the terms and conditions of Article XVIII, Section 178-112, Table
1, to allow for building -mounted signs with an area greater than allowed and
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, NY, or 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
APR 3 0 2013
Minutes - (T) Cortlandville Zoning Board of Appeals 26 March 2013
PUBLIC HEARING # 1
Jason Genson. Avulicant/Reputed Owner - 2144 Blodgett Mills Road - TM #107.00-03-
13.000 - Front Yard Setback
Acting Chairman Finn recognized the applicant who explained that he was seeking a variance
to put a new 30 ft. by 46 ft. home too close to his side yard property line, as shown on the
sketch accompanying the application. Due to the topography of the subject parcel, to comply
with the setback requirements would put his home "where it would be going over an
embankment." The required setback is 60 feet, whereas he has 51f feet. Member David
Alexander thought that a 10 -foot difference would be a substantial change. There would be no
undesirable change in the neighborhood.
Mr. Genson stated that he was also limited to location because of the locations of his well and
septic system as required by the Health Department. The home will have a basement. Acting
Chair Finn thought maybe the home could be situated to comply by moving it farther to the
back and having a walk -out basement. Mr. Genson stated that doing this would put the walk-
out on the "edge of a cliff."
With everyone being heard who wished to be heard,
Acting Chairman Finn closed the Public Hearing at 7:08 p.m.
DISCUSSION/ DECISION
With no further discussion, a motion was made by Member Alexander to grant the
variance as requested. The motion was seconded by Member Tom Aloi, with the vote
being recorded as follows:
Ayes: Acting Chairman Finn Nays: None
Member Bilodeau
Member Alexander Absent: Chairman Plew
Member Aloi
Motion passed.
This becomes Action #5 of 2013.
PUBLIC HEARING #2
Allied Sian Co.. Applicant/Crown Court. LLC. Reputed Owner - 819 Bennie Road - TM
#105.00-02-04.000 - Illumination of Buildina-Mounted Sian
Acting Chairman Finn recognized John Montagne, representing the owner who was seeking a
variance for the illumination of a 117.4 SF building -mounted sign, SHOE DEPT., at this
location, as shown on the cut sheets accompanying the application. Mr. Montagne stated that
the sign location on the front of the building had now been changed to the right unit (facing
the building), and they were no longer going to have a sign on the west side of the building.
Size of the sign conforms.
Acting Chair Finn asked the representative what the hours of the store would be as the Board
usually limits the illumination to that time. Mr. William Cranford responded that the store's
parking lot lights and interior lights are not on 24 hrs. per day; they are set on a timer. There
are 18W LED lights on the rear of the building, aiming down.
With everyone being heard who wished to be heard,
Acting Chairman Finn closed the Public Hearing at 7:15 p.m.
Page 2 of 8
APA 3 0 2013
Minutes - (T) Cortlandville Zoning Board of Appeals 26 March 2013
DISCUSSION/ DECISION
After a brief discussion, a motion was made by Member Aloi to grant the variance for
illumination of the building -mounted sign, as requested, with illumination of the sign to
be turned off within one hour of closing. The motion was seconded by Member
Alexander, with the vote being recorded as follows:
Ayes: Acting Chairman Finn Nays: None
Member Bilodeau
Member Alexander Absent: Chairman Plew
Member Aloi
Motion passed.
This becomes Action #6 of 2013.
OTHER MATTER
Used Car King. LLC - 3861 NYS Route 281 - TM #86.17-01-11.100 - Lot Coverage Greater
Than Allowed - Reauest for Re-Avveal
Acting Chair Finn stated that there was a request received from Attorney Mike Shafer to
appear before this Board regarding the previous denial for a variance for greater lot coverage
than allowed (see Minutes of 2/26/13 for further details). Plan PZO Bruce Weber clarified that
Attorney Shafer was asking this Board to "re -hear" the application. At that time, a new plan
may be presented, but PZO Weber has not had an opportunity to speak with Attorney Shafer
and had only received the request "tonight."
PZO Weber advised the Board should direct him to set aside time at the next meeting for
Attorney Shafer to appear. The communication received asked for a re -hearing and .also to
discuss the potential for a scaled-back Site Plan. He explained the alternatives to the Board
regarding the process.
Member Alexander, who had discussed this with Attorney Shafer previously, stated that Mike
wanted to bring an engineer along with him because there may be a way to engineer the
paving so there would be a zero impact upon the aquifer. PZO Weber cautioned the Board that
they "did not want to get into is discussion without either a re -hearing motion or another
application." Member Tom Bilodeau commented that he would be interested in hearing what
Attorney Shafer has to say.
At the conclusion of a brief discussion, a motion was made by Acting Chair Finn to request
PZO Weber to set aside 15 minutes at their 30 April 2013 meeting for Attorney Mike
Shafer to discuss the Used Car King matter. The motion was seconded by Member
Alexander, with the vote recorded as follows:
Ayes: Acting Chairman Finn Nays: None
Member Bilodeau
Member Alexander Absent: Chairman Plew
Member Aloi
Motion passed.
This becomes Action #7 of 2013.
Page 3 of 8
13
APH 0 2018
Minutes - (T) Cortlandvill e� Zoning Board of Appeals 26 MarchI013:-
�` J� APPROVAL OF MINUTES— '26 FEBRUARY 2013
A motion was made -by: Member. Bilode-au to approve the. Minutes. of the 26 February 2013
ZBA meeting as submitted. The motion was seconded by Member Alexander, with the -
vote recorded as f6llows:. -
Ayes: Acting Chairman Finn Nays: None:'
-Member Bilod6au
Member Alexander Absent: Chairman Plew
Meihber Aloi
Motion passed.
Thi's becomes Action #8 of 2013.
ADJOURNMENT
At 7:27 p.m., on a motion by Member Alexander, seconded by Member Bil6deau, with everyone
present votingJn the:affirmative, the meeting was adjourned.
E. Fitch, Board Secretary af
Z
E-mailed to KS/KP TB, DA, TA, JFinn, J
4Folmer, TW & BW on 4/30
/13.
Page 4 of 8-
15
APR 3 0 2013
Minutes - (T) Cortlandville Zoning Board of Appeals 26 March 2013:"
IA'1TICH!<ilJEs14: A
%tatement of Cit_r• otCorihtili! Eiii runtecntyl Advisory Comfid lc.V
In rc; 74 wo of Curtlandvilic
Used Car King llu& Vruri ince & Coriditionul P'crmit A plication
Datc::21Zdl1 �
To. Cortlondvillc Zonlhlt'lliinrd of Appeals and.Phidning Briatd
Thiti ti:mmittcc is ehamcd►vith.providiao adv"iceand Managingresciur'ces.uti aid the mayor
and cinn,tion council iti their zfibrts to pronibie responsible cnvi:onmZnial •stewardAip aiid
prcitcct 0c rtiblic
health Cortland cit} rt �iticnls. it is'our i7Cllrf that lhC ahOYC TrfCCCnL'C�l
r nc5l+ot Jd jeopardize both of thci,-c cilijceti►rs if Itis Appmtcd, f .1 nothing is ntoic.
ituportant to J, ciamn of bnth tho city and. town than a read}� supply of pure waxy from our
sola=siiutrcr:tyuifcr tiiid ilia �9pacit, ofthe land to properlp absorb acid retain stermv6ter.
]l it aprurc nt'#'rrin the recommeadatiotu-aiid tesbiitlion s(ibrditkd by the Cti&C fid Calmly
Pltnining•1 cpartmert and Pluiuing Do Ord that Codlundville of icials would have .1a jump .
thmueh an' almoSt cttd16A SCAN o: hoops to grant such a req» t in a cii^,trict; the to++n. has
il¢signaiCa a, the m;t ri-tstrictivc for &volopmcnr, Wellhead Protectioa Zone IA. FirsUud
pztiiaps firrerocr -amonn, them is the pwaspace re Wret» em that aauld he comprt:misi:d-
and hill by just. a amall-amotutt. Every square fiwl of diminishvd-Sn�^ispuco rcpro-cnL4 nne
square foot leis of ogirif "r reehukgL area uitd :;tarmwptcr mutit'ion potential. It is oae less
3quarti fitsil itf permr�thl,o stirfaCc.Rt'ailablc tt+.cicaase passible cuntarnirtant.3, lrriui ilio. '
eruund++ater thuL supplics ilia wells of both towil and cit}, The conditiuns; continge teies and
caveaIs ltnd requimr! varlancel pemtits, apprtivals, citinpliancm- 'Im'id rcrinits, plans gall
more plans outlinad by'the c6unty to ftuilhi&' appriiial, ofthis project arc slftips; beyond
entaiictition. Appru+al,mi4ht ulsn he constnucd asspoizoning co favor a partictifty businrss
at the expense nr the Wcllb.lag of ilia commucity tit large hail in diraet-eitntravrnlian of sdf-
imposed r'-plations put ht place specifreally to protect puhlic'hWdi. .
Ibis cornmiltze brlii +es imd has �dvised'slty.orfici,Rls that unct�ockzcl dei eloptitent and the
paviae-t:voriifmnmanil ore' openspaccabovcthe aquilej- bzitwithinCiiylinticsor
CUDevhrrr--can oil ly� hive ncgative eonsegtieiices �i n the lUn6 run_ including, b ul ni:l_ limit I ed
V), Bimini hod y'atcr quality'and quantity and the Phlcriliril &rr. iTicraisM flooding
duw-n-*ct�tti In the Otter Ci> ek and Urj. (.ree[c hasins. F'inull;, rnir- tliat Iand i.3 sy n in
ci;mincn;ial use, it is Soni; pi:rhaps farevcr, No one knows where the "clppine point" ofroo
much develupmaril audally He.% but Rwc urea the Cortlandcille ZDA, Planning -Board and
Town Board to crr on the side of caution. abide by ilia rrguludons glut are in plaue fur thr
protcetion ofour aquifer uld i+eject tliisapplication.
We thank $ou fi:r. ourcomideradon of this mauei.
f iia of C:ordand Env iia urner tal Ade i!A+ry Comm i ttoo
Fitlnlc Kell+•, haat Powe II—C n -Cha i rs
Anna Brnnelt
Rulpli `Scssc
T)enisc Hotchkiss
TDotuia Lleberrnun
Stn' Watromli
Page5 of 8
H
APA 3 0 2013
Minutes - (T) Cortlandville Zoning Board of Appeals 26 March:2013
ATTACHMENT $_ .
f r►rticu,l 7 C'r�ui ti7:_ hied-11'rit Ser" if 1) IFF r l
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Ctiitlsri�itill. i3ndncherciiiliicilialitiAiiii:.aPxrii:il>tt?,i,niid�:it:�ttlpiidpr�tixLlhr,.SQlrSvun e,'liluiCcr.lhil
pitt+t Tiley ciruil mg.; witter„10,Ovvr. hat lhc,i bbtll 'l iiis imatcc is' Is vailialble; told vula'Crublc, resarice.
1lic vAnntrs'activetiee �agn,Z* iodi w (h contm4rcF,tl, lndu�tri,':l epJ u0yei Lull tlscs b►'cr ihr uauifer,pttism .
=5Gnt61zz'i'] of risk lv Ille ytrilitp C.A walcr,m lhr aquifer. dnd iir'ihc yii�' J& of drinkjh welter withditiiw trvin
ahe:uitet bt .C'attlandvillc und,the Citv of C'ottland.,
C.aitldiiiir' it lc h t5 3hgtc�i p)+Rttecq of ii:l$_pitiv7clave in ailulfrr,pirlci liuii'hti ad IV 136 ,
iCLUlllLllilD/)4CIlI1G\CarJ
iii;14RR;the tnwn.ad•aptcd.gill.rlgnifrr,rentrxtiotT7ictriiit.xpresclre.tlii iitianiirandielitj i�ftlie.
- - : tiitcii'3;gi�itit+iHaterlYsatn�.es.; u ilhin lhltiiistiiia; tEt2 a tiiY peritiillrJ.tiiul rr�lricictl l:iiul,iix ::. , ; •
-4w alai rryuiretn tls,1a7 ttilax cd uscS lhnt aro tnicntleci to Tmtti:c"t the oquitor.
I rs:l y9?; .ilu tr+tyri sd+i�iied a Srniii ti iitar,tlri9i fiance; a nd li algid, 161.i tl iri:ike I x2006. ` This '
nriliriiitceisintn:tela;�r�iisinlie.tlxOuiiirpiulile:iis;'Tlfil'.ilatts"u rrquiir,tcr�ilmaiitytEiinUU.us : .
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lhgvi1414. i' V'eilhe. whes.
1tic bi icY `thin C:cMlaltdrillp os; 'CrV;CIIhl'ii VC 11i'CCQIIt11TBC•pI(iVY lt, htrt;rt4'4Znl7y`C fi:vt i 4alm%Akd :;
.lppal'olir'_�rvo. the Aauifz! poses ri :a:��� ii. ciriii[cii w i ei sutiitie; auii;tha'i of (he'C it 'uf Cortland:: ''1 fii
• .:lllii~eztiiiiii� resulaliuti� dyeribed ubuie_►ticirk in titndctn to i;iti�uncc, ��Ali►issiblc:ic�iolnjiinclit,nvr_ttie• ' ., -
crilicitl.peirlsoftltc.. u`.fcri
14'itti;tlirprop�n:JBuill±itt� �utogu6iiJcitrspliuiun tut.t:iricrap;islti�iss¢slacfgiCyoii .Cil-rciltlyttic
rile a nat i1c mipltqnzfrith 1h. taxit's lot tatcinkc tcquircm, fits (51°$ cnvarari;:vcrsiis I=n,allou'cd Alan};
'But iccaiisc:$iis is s prc-cxiatingcondit ori; it is`allo +cd »it i�r-the;u vin's ericie: ]t ts:oilr,iiridet4tnlid6.1� tiiat .:
prop +.1parkirlg•h�ticmll�iil� re0c2,]otc<+►erd,Ldia77:`, x1Wai.atlriiltlXalttThill anYlituclifiCi 2UNS
Page 6 of 8
APR 3 0 2013
Minutes - (T) Cortlandville Zoning Board of Appeals
26 March 2013
ATTACiliNIENTB;Qeq:iq'd), _.
5tlUIIIIIAIiC[[1FI•(V,�CG[GFtSClot -Uq Cgrjwvnoirurcasc:;it::
Th rc`pirri ciiopf t;�A"uitcrF'mtccriocrflign'ic[`Ari(11bzS1�lm+rafr`i'brtliiuiiir tv►iJertJe nr`uf;-_"
�.., .. 9 p : -.--
pin[r Ctiori; In tlie,;&gaffer_ l+ui; ILC? r i:ulu(;bq r3pix IO,to GUTo ctely:,pL r.V;Cilt j1UtOntllll 111lIll .,tn th, c agpifci c
1'uc d tiurirl+ei'o! reaisons the Iot'votieta;;c requitrments ntc'im iinwit it ndditiun to tliefawn F i+tulU l+ai rre[`
An a9ulfel': oi•aii; - atrr LuJy, has a rrl,ural, stili-i:lctuu.iny ahrlity.s[l.+xiits arst+itilruit•c ,�iscityr, ".-;' -
Mr•n1in6 tluit b OWi s ph aiclu, chemical and biological pro cssz ; wnrk ir: th:, ciiv_rrrotmc at tA_
'crscittiallyn:mrncor,irnmohilir. pnlhtta ts; Butrs�iir."i[sntivccajircilrk.lirnite(l Auyoiir. .
dcvclrpmcninr•4r.tlre�Rrltlifehhri4A6]taprobiibiiilj_ofcau�bies'ienificartdauirottothe ayuijcr ,,At -
sOple puml .l ott•Over; the 4ensity of dove op:nenl f lol foot rnvcl cyn cxccod the assunils�ivc call aity
l:v by sirictiv;adhering to the current kit cavzvsgc rquinrneata;ro►rll Ave i halrof tba ciiliral rue fa;
"{+?.ti1C.Agtii f0f'� nlrl� l+f ;pnl4' 11dt'�'1Qptl� i+ti'CC l3[rIC . I Iopa!�lly 3llq;elrrrcnl• lul tov4Tn6c n QuiictitcntS• _
=. K�ilE`l+e_'adequale-Iii,prs;vrulfuturcJr�[�lutiunuf-t}et�yuiti:r •,=' - _
"•'7hit;cii4�Kueti.roQuirciicits:cclmplcrncrr4thcgoslcitt,thcAquifcir
W rY�rvt7�>i►:nisiricrRryahtitiEiis,
shtitt n tltat'na tiv anomic nt'�Imperd0u4; i i4tw_- ince: airs: iunc+ir to slivanii incrraucs: find rechate
tri gi4i,ii[l�Crrlsr desreaees: Prr,xrorig men aVpu+ p:Umrten lnfiuir ttoiof:dcowwwortothc_agi:ltcr
iiiJ 1telFs;jo in.trt>r-lin-adeycrlle suCpiy of �+Qtct ot•cr the lnnG tcrin:
71 c tart ccivai aci: ra1uircinci+t; also i 6pleivant ttie Sfovmn later Cdtlhimicc'by;Setting aisirle 7;un;
l!Aat'•iltflt�eflnl7:US2�iIUrZ:t01TUwatez;Dv tineld. We have SteainWincdStiVE'ht+:,a:propcK,,ci_`;_:``,-,
,detiel N"offal hu w nuich lul :i+rgn+j,+r that 4'.ry, littic,lend is l>+ti:tbr stniTawaicr•rnanspgrncnr; ,
iLtiOIL ng ;ig subst didar;f d ins:
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-9 irn +eitiiotis 4urf�tVe3.U3ci tse ttia irtueiiirtairiil rale ti r mrl7 eslsi:un`' rih;cari load lir;• ;,:,
t _ U -
iiiccrisidlla:iJn>`tw iltitreiirii lu.l tcii.'vcruiicrryuircments;Killli'dli.mtninii�c•tut:iretlnodi'iigald; `: •.
;<Lriiitiscc;pmhl-ens.`.
7h� giissi i i't+f Siir`C11 is io prrrtmu Ic the conk nation and «<so;asp of tfi"c,couniw -s. nnh�ral
[ied.rstrin� ihut ethzi tnietam slid i ~snag l ikcl; g� into the ?Fi:�'t deci;ian malcirtg j+r+xdss �r a itispectiuUp.
Prtsi idc this irfatmnt;M ttq Dark Yiuixt uri ll[r,li�itiii'p liibl�i7 of tuiJancitia'cwnori ic;gro:tith wittt.Eimx ti��n
<�l the aquifer Lmd WE= w iltrrnotaces. aid"to c�iRlmr eotno of the rca£nns itc Gcitcvc tti: Ent txnciagc" ' "
riiluitrniceiis are important
P otidlt5ctpL;ityoiilis'c'aiiyiuc;iiitn5•
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Page 7 of 8
►7
APA 3 0 2013 8
Minutes - (T) Cortlandville Zoning Board of Appeals 26 March 2013
.
AiiAOM%Pif C
Lot Coverage Impact on dater Quality:
100
Terrace Rd Well
80 ........ ............L:
I
60 ........... .... ............. ................... .
City WeiI
4a ------- .........................71
. ---...
!------- Lime Hollow
Well
20 ....................
.t
j
,
2% 20°!). 40%
Estimated Current.Lo-t Coverage (percent):
® Sodium 41Clilnridc
Page 8 of 8
AP ATTENDANCE SHEET
(,,T)—)-CoRTL-Awnym-L-F.? GZ6N—jNG:-BD: OF—A-PPEALS-7
(Your attendance is recorded in the meeting Minutes.)
E.,
a
<11�,,.RUNTI.Bli> Name:
Regarding:
r CJS \ V%r-, - 0
'DINE
Complete Address:
Q�Lfq A)
�`-tl � �� C�2ef�v rla� Ce,,,il,�
:-ZONINPV B _0-F_ APPEALS ,Meet hn
JUN 1 2 2013
' TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS
Public Hearings/Meeting Minutes - Tuesday, 30 April 2013 - 6:15 PM
Town Hall Court Room - 3577 Terrace Road - Cortland, NY
Board Members (*absent) Others Present
David Plew, Chairman Bruce Weber, Planning/Zoning Officer
John Finn, Acting Chair Joan E. Fitch, Board Secretary
Thomas Bilodeau John B. Folmer, Town Attorney
David Alexander
Thomas Aloi
Applicants & Public Present
David McNeil, Applicant; Ann Swisher & Joe Reagan for Royal Chevrolet, Applicant; David
Law, Applicant; Attorney Mike Shafer, Engineer Chuck Feiszli & Vincent Salvagni for Used Car
King, LLC, Applicant; Jamie Bracey (?) for Kassis Superior Signs, Applicant; Carl & Jane
Edlund, John & Maryanne Bishop, Carla Walsh.
The Public Hearings were opened at 6:15 p.m. by Chairman David Plew, who read aloud
the Legal Notice as published in the Cortland Standard on 17 April 2013, 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 30, 2013, at 6:15 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. Privilege of the Floor to Mike Shafer.
2. In the matter of the application of David McNeil for property located at 1221
` Bell Drive, Tax Map No. 76.14-01-17.000, for a variance in the terms and
conditions of Article IV, Section 178-17A, to allow for a side yard less than
allowed.
3. 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 178-112, to allow for a building -
mounted sign to be illuminated.
4. In the matter of the application of Kassis Superior Signs for property located
at 818 Bennie Road, Tax Map No. 105.00-02-05.000, for a variance in the
terms and conditions of Article XVIII Section 178-112 B, to allow for a
building -mounted sign with an area greater than allowed to be illuminated.
5. In the matter of the application of David Law for property located at 8245
McLean Road, Tax Map No. 96.09-01-26.000, for a variance in the terms and
conditions of Article XVIII, Section 178-12 B, to allow for a building -mounted
sign with an area greater than allowed.
The above applications are open to inspection at the office of Bruce A. Weber, Planning
& Zoning Officer, Raymond G. Thorpe Municipal Building, 3577 Terrace Road,
Cortland, NY, or 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 6
19
JUN 1 2 2013
Minutes - (T) Cortlandville Zoning Board of Appeals 30 April 2013
11 PRIVILEGE OF THE FLOOR
Used Car` King. LLC. Applicant - 3861 NYS Route 281 - TM #86.17-01-11.100 - Lot
Coverage Greater Than Allowed - Privilege of the Floor - Attorney Mike Shafer re Rea_uest
for Re -Hearing
Chairman Plew recognized Attorney Shafer who had requested Privilege of the Floor regarding
a proposed re -hearing of the applicant's previous request for lot coverage greater than allowed
which was denied on 26 February 2013 (Action #3 of 2013). Reference is made to those
Minutes for additional information.
Attorney Shafer explained that since the February meeting of this Board, he had talked with
his client and also the engineer, Chuck Feiszli, regarding a significant modification of the
proposed expansion of the parking lot at this site. He stated that the reduced expansion of
the proposed parking was from 15% to 20% and would leave additional green space and
certainly meet the requirements of the SWPPP. Attorney Shafer commented on existing
blacktopped areas (Walmart, Empire Tractor, etc.) so if Used Car King (UKK) was to relocate
elsewhere in the Town, more blacktop would be added so there would be more impervious
surface over the aquifer; the blacktop on the subject site (there when the site was purchased)
would remain there, so there would not be any less impervious surface. He stated he had also
looked over the surrounding properties, and the coverage on the Nissan dealership was in
excess of 80%, Action Auto was in excess of 90%, old Ames Chevrolet site is entirely
blacktopped except for a strip in the front. The requested variance, while substantial
compared to the criteria of the zoning ordinance, is not substantial in looking at what the uses
are in that immediate vicinity. Attorney Shafer said that the purpose for coming back before
this Board is simply to determine whether a formal reapplication with a pared -down plan, etc.,
would be something the ZBA would look at more favorably.
PZO Bruce Weber clarified that his understanding of what was being requested was for this
Board to consider a re -hearing which can be done as he explained. Attorney Shafer, he
advised, has the ability to make a new and different application (as long as it's substantially
different from the one previously made).
At the conclusion of a lengthy discussion, a motion was made by Member Tom Bilodeau
that the Town of Cortlandville ZBA will not conduct a re -hearing to allow for a .greater lot
coverage than allowed, but will accept a new application. The motion was seconded by
Member John Finn, with the vote recorded as follows:
Ayes: Chairman Plew Nays: None
Member Finn
Member Bilodeau
Member Alexander
Member Aloi
Motion passed.
This becomes Action #9 of 2013.
11 PUBLIC HEARING — AGENDA ITEM #2 11
David McNeil, Applicant/Carl Edlund. Reputed Owner - 31 (12211 Bell Drive - TM #76.14-
01-17.000 - Side Yard Less Than Allowed
Chairman Plew recognized the applicant who explained that the owner would like to construct
a one-story addition in line with their existing home which is already too close to the side
property line. He stated that the zoning regulations were changed since the home's original
construction.
Page 2 of 6
JUN 1 2 2013
Minutes - (T) Cortlandville Zoning Board of Appeals 30 April 2013
Chairman Plew asked if there was anyone present who wished to speak on the proposed
variance; comment received as follows:
John Bishop_ - 1217 Bell Drive - Spoke in favor of the addition to the Edlund's
home.
With everyone being 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 Finn to grant the variance for a
side yard less than allowed, as requested. The motion was seconded by Member Tom
Aloi, with the vote being recorded as follows:
Ayes: Chairman Plew Nays: None
Member Finn
Member Bilodeau
Member Alexander
Member Aloi
Motion passed.
This becomes Action #10 of 2013.
�I PUBLIC HEARING — AGENDA ITEM #3
l
j Roval Chevrolet. Avvlicant/Joseph Reagan. Reputed Owner - 3838 NYS Route 281 - TM
#86.17-01-10.211 - Illumination of Building -Mounted Sign
Chairman Plew recognized Ann Swisher, the applicant's architect, who was seeking a variance
to illuminate an existing sign on the west fagade of the subject building.
Chairman Plew asked if there was anyone present who wished to speak on this matter, and
there was no one.
With everyone being heard who wished to be heard,
Chairman Plew closed the Public Hearing at 6:35 p.m.
DISCUSSION/ DECISION
ZBA Member David Alexander then proceeded with the required questions (balancing test),
with the responses being given by the ZBA members, as follows:
1. Will an undesirable chansze be produced in the character of the
neighborhood, or a detriment to nearbv properties be created?.
Board's Finding: No. All agreed.
2. Can the applicant achieve his coals via a reasonable alternative which
does not involve the necessitv of an area variance?.
Board's Finding: No. All agreed.
3. Is the variance substantial?
Board's Finding: No, it's not substantial. All agreed.
Page 3 of 6
d,I
J U N 1 2 2013
Minutes - (T) Cortlandville Zoning Board of Appeals
30 April 2013
a 4. Will the variance have an adverse impact on phvsical or environmental
conditions in the neighborhood or district?
Board's Finding: No. All agreed.
5. Has there been anv self-created difficultv?
Board's Finding: No. Setback requirements changed after owners
purchased the home.
With no further discussion, a motion was made by Member Alexander that, based on the
ZBA's findings, a variance is granted to allow for the illumination of a building -mounted
sign, as requested. The motion was seconded by Member Finn, with the vote being
recorded as follows:
Ayes: Chairman Plew Nays: None
Member Finn
Member Bilodeau
Member Alexander
Member Aloi
Motion passed.
This becomes Action # 11 of 2013.
PUBLIC HEARING — AGENDA ITEM #4 I�
Kassis Superior Signs, Applicant/Crown Court, LLC, Reputed Owner - 818 Bennie Road -
TM #86 : -- Illupimation of Building -Mounted Sign w/Area Greater than
Allowed 105,Q0-da'=05 pG� K�o�
Chairman Plew recognized Jamie Bracey (?), representing the applicant who was seeking a
variance to illuminate a new sign with an area greater than allowed for the proposed GNC
store at this location, as indicated on the drawings accompanying the application. The
building was not constructed yet, and the size of the letters is comparable to the SHOE DEPT.
sign placed on the fagade of the same strip mall building. Regulations allow 30 SF for the
proposed signage, and the actual SF is 31.93.
Chairman Plew asked if there was anyone present who wished to speak on this matter, and
there was no one.
With everyone being heard who wished to be heard,
Chairman Plew closed the Public Hearing at 6:38 p.m.
DISCUSSION /DECISION
ZBA Member David Alexander then proceeded with the required questions (balancing test),
with the responses being given by the ZBA members, as follows:
1. Will an undesirable chanize be produced in the character of the
nei--hborhood, or a detriment to nearbv properties be created?.
Board's Finding: No. All agreed.
2. Can the applicant achieve his izoals via a reasonable alternative which does
not involve the necessitv of an area variance?.
Board's Finding: No. All agreed.
3. Is the variance substantial?
Board's Finding: No, it's not substantial; it's only 2± SF. All agreed.
Page 4 of 6
as
JUN 1 2 2013
Minutes - (T) Cortlandville Zoning Board of Appeals
30 April 2013
4. Will the variance have an adverse impact on bhvsical or environmental
conditions in the neighborhood or district?
Board's Finding: No. All agreed.
5. Has there been anv self-created difficultv?
Board's Finding: Yes, but is same as neighboring businesses.
With no further discussion, a motion was made by Member Aloi that, based on the ZBA's
findings, a variance is granted as requested, with illumination to be turned off within one
hour of closing. The motion was seconded by Member Bilodeau, with the vote being
recorded as follows:
Ayes: Chairman Plew Nays: None
Member Finn
Member Bilodeau
Member Alexander
Member Aloi
Motion passed.
This becomes Action #12 of 2013.
II PUBLIC HEARING — AGENDA ITEM #5
David Law, Applicant/Gerry Ruggiero. Reputed Owner - 245 McLean Road (Grand Rental
Station) - TM #96.09-01-26.000 -Building-Mounted Sia_ n w/Area Greater than Allowed
Chairman Plew noted that he had visited the site, and the subject sign(s) were already in
place. He then explained that an application for a variance is for "permission to do something,
but it's already there. Why?" Mr. Law stated they were in the process of taking down the
existing signs and putting these signs up; the reason he was here is that the signs that were
being put up are larger than the signs they replaced. PZO Weber stated two signs were
allowed (2 SF/LF of the building facing the street) for a total of 64 SF for both signs. Each
sign being put up, on its own, is 64 SF. If each sign was 4'x 8', they would be in compliance,
but they are 8'x 8'. Member Aloi stated they were good-looking signs which enhanced the
property.
Chairman Plew asked if there was anyone present who wished to speak on this matter, and
there was no one.
With everyone being heard who wished to be heard,
Chairman Plew closed the Public Hearing at 6:45 p.m.
DISCUSSION/ DECISION
ZBA Member David Alexander then proceeded with the required questions (balancing test),
with the responses being given by the ZBA members, as follows:
1. Will an undesirable change be produced in the character of the
neighborhood, or a detriment to nearbv properties be created?.
Board's. Finding: No. All agreed.
2. Can the applicant achieve his goals via a reasonable alternative which does
not involve the necessitv of an area variance?.
Board's Finding: Yes he could. All agreed.
3. Is the variance substantial?
Page 5 of 6
�3
JUN 1 2 2013
Minutes - (T) Cortlandville Zoning Board of Appeals
30 Apri1:2013 :
Board's_ Finding: Yes, it's substantial; it's twice the size of what is allowed.
All agreed.
4. :Will the .variance have an- adverse .impact on phvsical or environmental
conditions in the neighborhood or district?
Board's Finding: No. All agreed.
5. Has there been anv self-created difficultv?
Board's. Finding: Yes. All. agreed.
Member Alexander stated that the proposed signs; did not .look too big and had no problem
with them. Neither did Member :Finn, who thought any issue of visibility_ would be solved.
PZO Weber advised that the applicant could apply for a free-standing sign which would have
nothing to do with this application.
With no further discussion, a motion. was .made by Member Aloi that, based on the ZBA's :
findings, a variance is granted as requested: The motion was seconded'by Member Finn,
with the vote being recorded as follows:
Ayes; Chairman Plew Nays: Member Alexander
Member Finn-
Member
innMember Bilodeau
Member Aloi
Motion passed.
This becomes Action #13 of 2013.
OTHER MATTER
• Proposed Wind Turbine Local Law = Town Attorney John Folmer addressed the Board
and informed them that the Town Board had introduced this Law last week and had
taken into consideration comments:put forth, by others. Under the SEQR process, the
Town Board will act as Lead Agency. Both the ZBA and Planning Board will have an
opportunity :to make any comments they wish; each Board member. was given a copy..
A public hearing will be scheduled for. May 15th, and comments will be taken right up
until June 19th. .'Current moratorium expires at the end of June.
ADJOURNMENT
At 7:02 p.m., on a motion by Member Alexander, seconded by Member Finn, with everyone
present voting in the affirmative, the meeting was adjourned.
E. Fitch, Board Secretary
Page 6 of 6
E-mailed to.KS/KP & TB, DA, TA, JFinn,
JFohner, TW & BW on 6/11/13.
.�ff
ATTENDANCE SHEET' _
ATT� C_ORTLANDVILLE L2�ON_ ING $D. -_ APPEALS MEETING OF
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J U N 1 9 2013
TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS
Public Hearings/ Meeting Minutes - Tuesday, 28 May 2013 - 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, Acting Chair Joan E. Fitch, Board Secretary
Thomas Bilodeau
David Alexander
Thomas Aloi
Applicants & Public Present
John Montagne for Allied Signs, Applicant; Rick Smith, Applicant.
The Public Hearings were opened at 7 p.m. by Chairman David Plew, who read aloud the
Legal Notice as published in the Cortland Standard on 15 May 2013, 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 28, 2013, 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 Allied Sign Co. for property located at 818
Bennie Road, Tax Map No. 105.00-02-04.000, for a variance in the terms and
conditions of Article XVIII, Section 178-112B, Table 1, to allow for a building -
mounted sign to be illuminated.
2. In the matter of the application of Rick Smith for property located at 3901
\� NYS Route 281, Tax Map No. 86.17-01-02.111, for a variance in the terms
and conditions of Article XVIII, Section 178-112B, Table 1, Note 2A, Article
XVIII, Section 178-104 to allow for a greater number of signs, signs with a
height greater than allowed, and an increase in the area of a non -conforming
sign.
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, NY, or 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 # 1
Allied Sian Co., Applicant/ Crown Court, LLC, Reputed Owner - 818 Bennie Road - TM
#105.00-02-04.000 - Illumination of Building -Mounted sign
Chairman Plew recognized the applicant who explained that the owner would like a variance to
illuminate a building -mounted sign at the location of a new retail store, Maurice's, as shown
on the sketch accompanying the application. PZO Weber affirmed that size is not an issue,
only the illumination.
Chairman Plew asked if there was anyone present who wished to speak on the, proposed
variance; there was no one.
Page 1 of 3
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JUN 19 2013
Minutes - (T) Cortlandville Zoning Board of Appeals 28 May 2013
With everyone being heard who wished to be heard,
Chairman Plew closed the Public Hearing at 7:04 p.m.
DISCUSSION/ DECISION
With no further discussion, a motion was made by Member David Alexander to grant the
variance, as requested, with the illumination of the building -mounted sign to be turned
off within one hour of closing. The motion was seconded by Member John Finn, with the
vote being recorded as follows:
Ayes: Chairman Plew Nays: None
Member Finn
Member Bilodeau
Member Alexander
Member Aloi
Motion passed.
This becomes Action # 14 of 2013.
PUBLIC HEARING #2
Rick Smith, Applicant (dba Havvv Auto Detailinal/PROP, Inc., Reputed Owner - 3901
West Road (NYS Route 2811 - TM #86.17-01-02.111 - Sian Variance Reauest
Chairman Plew recognized the applicant who explained that he was seeking a variance to use
18" black flags where indicated at his location to generate business. He said he would like this
"on a trial basis," until winter, then he would take them down. Customers have complained to
him that they have trouble finding and entering his business (former Ames Chevrolet building).
He also wanted to put an 18" by 24" Auto Detailing sign in the front yard under the existing_
sign.
Chairman Plew asked the applicant what his hardship was, and the applicant stated he did
not think he could survive in this location without the requested signage because "it is difficult
to see." Member John Finn agreed that it was a "very confusing building" with the way it has
been divided up for multiple businesses. Member Bilodeau stated he could understand the
hardship, along with a safety issue.
Chairman Plew asked if there was anyone present who wished to speak on this matter, and
there was no one.
With everyone being heard who wished to be heard,
Chairman Plew closed the Public Hearing at 7:18 p.m.
DISCUSSION/ DECISION
ZBA Member David Alexander then proceeded with the required questions (balancing test),
with the responses being given by the ZBA members, as follows:
1. Will an undesirable chance be produced in the character of the
neighborhood, or a detriment to nearbv properties be created?.
Board's Finding: No. All agreed.
2. Can the applicant achieve his goals via a reasonable alternative which
+'. does not involve the necessitv of an area variance?.
Board's Finding: No. All agreed.
Page 2 of 3
91
J U N 1 9 2013
Minutes - (T) Cortlandville Zoning Board of Appeals 28 May.2013
3. Is the variance substantial?
-' Board's Finding: No, it's not substantial. All agreed.
4. Will the variance have an adverse impact on nhvsical or environmental
conditions in the nei--hborhood or district?
Board's Finding: No. All agreed.
5. Has there been anv . self-created difficultv?
Board's Finding: No.
After a brief discussion, a motion was made by Member Tom Aloi that, based on the ZBA's
findings, .a variance is granted, as requested,, from May thru November,. with only two (2)
flags at one time. The motion was seconded by Member Tom Bilodeau, with the vote
being recorded as follows:
Ayes: Chairman Plew Nays: None
Member Finn
Member Bilodeau
Member: Alexander
Member Aloi
Motion passed:
This becomes Action #15 of 2013.
ADJOURNMENT
At 7:23 p.m., on a motion by Member Alexander, seconded by Member Finn, with everyone
present voting in the affirmative, the meeting was adjourned.
"57
E. Fitch, Board Secretary
Page 3 of 3
E-mailed to KS/KP & TB, DA, TA, JFinn,
JFolmer, TW & BW on 6/18/13.
97
ATTENDANCE SHEET
RTLANDjiILLE
ZONING BD: OFAPPEALS MEETING_
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(Your attendance is recorded in the meeting Minutes.)
RINTEE-0*s. Name: Regarding:
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APPEALS Meeting
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JUL 2 6 2013
-z� TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS
Public Hearings/Meeting Minutes - Tuesday, 25 June 2013 - 6:15 PM
Town Hall Court Room - 3577 Terrace Road - Cortland, NY
Board Members (*absent) Others Present
David Plew, Chairman Bruce Weber, Planning/Zoning Officer
John Finn, Acting Chair Joan E. Fitch, Board Secretary
Thomas Bilodeau
David Alexander
Thomas Aloi
Applicants & Public Present
Glenn Reisweber for Lime Hollow Nature Center, Applicant; David Razzante for Metropolitan
Sign Co., Applicant; Attorney Mike Shafer for Sun Auto/Used Car King, Applicant; Eric
Mulvihill of WXHC.
The Public Hearings were opened at 6:17 p.m. by Chairman David Plew, who read aloud
the Legal Notice as published in the Cortland Standard on 13 June 2013, 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 25, 2013, at 6:15 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 Fred Schadewald for property located at
1177 Gallagher Road, Tax Map No. 106.00-09-14.000, for a variance in the
terms and conditions of Article I, Section 178-2, to allow for a manufactured
home smaller than allowed.
2. In the matter of the application of Metropolitan Signs for property located at
3654 NYS Route 281, Tax Map No. 96.09-01-02.200, for a variance in the
terms and conditions of Article XVIII Section 178-112B, Table 1, Note 2a &
Il IB, to allow for building -mounted signs to be illuminated and a free-
standing sign closer to property line and with a height greater than allowed.
3. In the matter of the application of Lime Hollow Nature Center for property
located at 3269 Gracie Road, Tax Map No. 105.05-01-12.100, for a variance
in the terms and conditions of Article IIl, Section 178-13A, to allow for a lot
with an area less than allowed.
4. In the matter of the application of Used Car King for property located at 3861
NYS Route 281, Tax Map No. 86.17-01-11.000, for a variance in the terms
and conditions of Article IA, Section 178-2.2A (I) (8) to allow for lot coverage
greater than allowed.
The above applications are open to inspection at the office of Bruce A. Weber, Planning
& Zoning Officer, Raymond G. Thorpe Municipal Building, 3577 Terrace Road,
Cortland, NY, or 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 6
JUL 2 6 2013
Minutes - (T) Cortlandville Zoning Board of Appeals 25 June 2013
PUBLIC HEARING # 1
Metropolitan Signs, Inc.. Applicant/Gator Cortlandville Partners, LTD. Reputed Owner -
3654 NYS Route 281 - TM #96.09-01-02.200 - Illumination of Building -Mounted Sign,
Etc.
Chairman Plew recognized David Razzante of Metropolitan Signs, representing the Rescue
Mission/Thrifty Shopper, who would like a variance to illuminate a building -mounted sign at
the location of a new retail store (former Country Max), as shown on the sketch accompanying
the application. In addition, a variance was also needed for a free-standing sign closer to the
property line and with a height greater than allowed, also depicted in accompanying
sketches/photo.
The free-standing sign (which has two cabinets, one over the other) has been in existence for
quite a few years. Current requirements are for a maximum height of eight feet, and a setback
of fifteen feet from the property line. The existing sign appears to be located right up to the
property line and is too high. With no survey map available, the ZBA discussed the proximity
of the sign to the property line. Other alternatives were also discussed. The provided sign
sketches were reviewed. Mr. Razzante said that they wanted to use the very top cabinet of the
sign because of the ballast that is already there.
Chairman Plew asked if there was anyone present who wished to speak on the proposed
variance; there was no one.
With everyone being heard who wished to be heard,
Chairman Plew closed the Public Hearing at 6:27 p.m.
DISCUSSION/ DECISION
Member David Alexander suggested that the height should be conforming. Member John Finn
tom, liked using the lower section of the sign which is at 13 feet, rather than the 20± feet that is
existing; it would be less non -conforming. Line -of -sight was also taken into consideration.
Member Tom Aloi agreed.
ZBA Member Alexander then proceeded with the required questions (balancing test), with the
responses being given by the ZBA members, as follows:
1. Will an undesirable change be produced in the character of the
neighborhood, or a detriment to nearbv properties be created?.
Board's Finding: No. All agreed.
2. Can the applicant achieve his goals via a reasonable alternative which
does not involve the necessitv of an area variance?.
Board's Finding: No. All agreed.
3. Is the variance substantial?
Board's Finding: No, it's not substantial. All agreed.
4. Will the variance have an adverse impact on phvsical or environmental
conditions in the neighborhood or district?
Board's Finding: No. All agreed.
5. Has there been anv self-created difficultv?
Board's Finding: No.
After considerable discussion, a motion was made by Member Finn that, based on the
ZBA's findings, a variance is granted for (1) the illumination of the building -mounted sign
up to one hour after closing time, and (2) the free-standing. sign with the top portion
Page 2 of 6
JUL 2 6 2013
Minutes - (T) Cortlandville Zoning Board of Appeals
25 June 2013
removed, limited to a height of thirteen (13) feet maximum, with the lower portion
utilized for the proposed sign as shown in the application. The motion was seconded by
Member Tom Bilodeau, with the vote being recorded as follows:
Ayes: Chairman Plew Nays: None
Member Finn
Member Bilodeau
Member Alexander
Member Aloi
Motion passed.
This becomes Action # 16 of 2013.
11 PUBLIC HEARING #2
Lime Hollow Nature Center, Inc.. Avulicant/Lee Webster, Revuted Owner - 3269 Gracie
Road - TM #105.05-01-12.100 - Lot Smaller than Allowed
Chairman Plew recognized Glenn Reisweber, representing the applicant who is purchasing
approximately one-tenth of an acre of land from Mr. Webster for use as access to the new
Education Center at this facility. By so doing, the acreage of Mr. Webster's adjoining parcel is
reduced below that which is required for minimum size, so a variance was needed.
Member Aloi commented that access was definitely needed to the new facility.
Chairman Plew asked if there was anyone present who wished to speak on this matter, and
there was no one.
With everyone being heard who wished to -be heard,
Chairman Plew closed the Public Hearing at 6:40 p.m.
DISCUSSION /DECISION
ZBA Member David Alexander then proceeded with the required questions (balancing test),
with the responses being given by the ZBA members, as follows:
1. Will an undesirable chance be produced in the character of the
neighborhood, or a detriment to nearbv DroDerties be created?.
Board's Finding: No. All agreed.
2. Can the amlicant achieve his Roals via a reasonable alternative which does
not involve the necessitv of an area variance?.
Board's Finding: No. All agreed.
3. Is the variance substantial?
Board's Finding: No, it's less than 10%. All agreed.
4. Will the variance have an adverse impact on Dhvsical or environmental
conditions in the neighborhood or district?
Board's Finding: No. All agreed.
5. Has there been anv self-created difficulty?
( i Board's Finding: No.
Page 3 of 6
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31
JUL 2 6 2013
Minutes - (T) Cortlandville Zoning Board of Appeals 25 June 2013
_ After a brief discussion, a motion was made by Member Alexander that, based on the ZBA's
f� findings, a variance is granted to allow for a lot with an area less than allowed, as
requested. The motion was seconded by Member Finn, with the vote being recorded as
follows:
Ayes: Chairman Plew Nays: None
Member Finn
Member Bilodeau
Member Alexander
Member Aloi
Motion passed.
This becomes Action #17 of 2013.
PUBLIC HEARING #3
Used Car King, LLC. Applicant/Reputed Owner - 3861 NYS Route 281 - TM #86.17-01-
11.100 - Lot Coverage Greater than Allowed
Chairman Plew recognized Attorney Mike Shafer, representing the applicant who is again
requesting a variance for a proposed parking lot expansion which would have lot coverage
greater than allowed. Attorney Shafer stated that the Manager of the business was also
present (name not recorded on Attendance Sheet).
Attorney Shafer stated that, after his last appearance before this Board, he has now submitted
a reworked proposal for a variance, prepared by the applicant's engineer, Charles Feiszli, PE.
All conditions/ recommendations contained in the Cortland County Planning Board's
Resolution No. 13-23 of 19 June 2013 would be adhered to, he stated. CEO Weber then gave
the latest copy of the County Board's report to Attorney Shafer, of which he gave a cursory
review.
Attorney Shafer advised the Board that the reworked proposal has reduced the paved area by
21% from the previous application. He also explained proposed stormwater retention and
reported that Engineer Feiszli was very confident that an appropriate stormwater plan can be
devised to handle the revised runoff for 41,000 SF of additional parking space. If the variance
is granted, it would generate an additional $165,000 of additional sales tax revenue, etc., over
what was generated in 2012. Attorney Shafer then went over the five questions contained in
the required "balancing test" and gave the answers.
1. Will an undesirable change be produced in the character of the
neighborhood, or a detriment to nearbv properties be created?.
No, because the immediate area comprises multiple used/new car dealers.
2. Can the applicant achieve his goals via a reasonable alternative which does
not involve the necessitv of an area variance?.
There is no mechanism to add parking without going through this process.
3. Is the variance substantial?
Yes, it would be substantial, but a positive on this point would not
necessarily defeat the appropriateness of the variance. A substantial
reduction has been made in what was proposed previously.
4. Will the variance have an adverse impact on phvsical or environmental
conditions in the neighborhood or district?
This will be determined by the SEQR process.
5. Has there been anv self-created difficultv?
Page 4 of 6
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JUL 2 6 2013
Minutes - (T) Cortlandville Zoning Board of Appeals 25 June 2013
It's simply a situation where the business has outgrown the site.
i
Member Alexander commented that the Board needed to take into consideration the County's
recommendations. Chairman Plew reviewed these recommendations aloud, which had
changed since their first review. Instead of recommending approval with contingencies,
County Planning is now making no recommendation, but returning the application for "local
determination," with any positive consideration contingent upon the eight items listed.
Attorney Shafer reiterated that the applicant is a car dealership that's been there for 40 years
with blacktop and buildings and runoff and "it is hamstringing the business to be there. Our
application is that, yes we understand we're requesting a variance from the strict application
of the open space law in the bulk variance, coupled with an appropriate stormwater plan to
meet the concerns that the Ordinance is designed to meet, and that is making sure that water
that hits blacktop someplace gets treated appropriately and is returned to the aquifer for
recharge. That's the whole crux of our discussion before this Board."
CEO Weber advised the ZBA that if they are trying to answer these questions, at the present
time they don't have enough information from the applicant to be able to do so. The ZBA
could go through the Short Environmental Assessment Form, and decide if they had enough
information or if additional information is needed. They may also want to consider doing a
Coordinated Review with the Town Planning Board because they are potentially an involved
agency. The estimated cost of what is proposed is under $150,000 so an Aquifer Protection
District Special Permit would not be required. To try to make a determination from an
environmental standpoint without having additional information or input from a private
consultant who may be able to help this Board with their expertise, for the ZBA to be able to
answer some of these questions, CEO Weber thinks it would be very difficult.
Attorney Shafer stated that his client would certainly not object to a recommendation of
Coordinated Review. A stormwater plan could be developed and then presented. CEO Weber
advised those present of the SEQR process and the ability to consult with others. Chair Plew
then asked the Board what they wanted to do. Member Alexander commented that it would
make sense to get everyone involved. Member Aloi stated that he did not feel there was
enough information to make a decision. Members Finn and Bilodeau also agreed it would be
fairer to the applicant if additional information was obtained. CEO Weber then asked Attorney
Shafer if "you would be in acceptance of the ZBA postponing the application tonight to consult
with the Town Attorney in regards to the Environmental Review of the application and
determining which boards may be involved agencies and a Coordinated Review." Attorney
Shafer responded in the affirmative.
Chairman Plew asked if there was anyone present who wished to speak on this matter, and
there was no one.
With everyone being heard who wished to be heard,
Chairman Plew closed the Public Hearing at 7:12 p.m.
Page 5 of 6
JUL 2 6 2013
Minutes - (T) Cortlandville Zoning Board of Appeals 25 June 2013
DISCUSSION /DECISION
A motion was then made by Member Alexander that the request for a variance- to allow
for lot coverage greater than allowed is postponed until the 30 July 2013 meeting of this
Board. The motion was seconded by Member Finn, with the vote being recorded as
follows:
Ayes: Chairman Plew Nays: None
Member Finn
MemberBilodeau
Member Alexander
Member Aloi
Motion passed.
This becomes Action # 18 of 2013.
(Chairman Plew noted that the first appeal on tonight's Agenda was for Fred Schadewald, to
allow for a manufactured home smaller than allowed. Chairman Plew stated he had talked
with the appellant who assured him that he would be present to present his case; Mr.
Schadewald was not present to answer the Board's questions, so it would be heard at next
month's meeting.)
APPROVAL OF MINUTES — 26 MARCH, 30 APRIL & 28 MAY 2013.
A motion was made by Member Bilodeau to approve the Minutes of the 26 March, 30
April, and 28 May 2013 ZBA 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 Alexander
Member Aloi
Motion passed.
This becomes Action #19 of 2013.
ADJOURNMENT
At 7:16 p.m., on a motion by Member Bilodeau, seconded by Member Aloi, with _everyone
present voting in the affirmative, the meeting was adjourned.
�4
E. Fitch, Board Secretary
Page 6 of 6
E-mailed to KS/KP & TB, DA, TA, JFinn,
JFolmer, TW &BW on 7/26/13.
33
ATTENDANCE SHEET
t{T--� CORTLAND`IILLE� ZONING-BiD.-OF_AP_P_EALS
MEETING OFG�I �
(Your attendance is recorded in the meeting Minutes.)
<PRINTEIT> Name:
�'�-� c� M�� I ►r� � � 11
vA.A , S (II
Regarding:
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34
AUG 16 2013
TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS
Public Hearings/ Meeting Minutes - Tuesday, 30 July 2013 - 6:15 PM
Town Hall Court Room - 3577 Terrace Road - Cortland, NY
Board Members (*absent) Others Present
David Plew, Chairman Bruce Weber, Planning/Zoning Officer
John Finn, Acting Chair Joan E. Fitch, Board Secretary
Thomas Bilodeau John Folmer, Town Attorney
David Alexander
Thomas Aloi
Applicants & Public Present
Fred Schadewald, Applicant; Eric Olsen, Applicant; Attorney Mike Shafer for Sun Auto/Used
Car King, Applicant; Cathy Christopher for Cortland ENT, Applicant; Trevor Schadewald,
Tammy Timmerman, Tyrone Meppard of Cortland Standard.
The Public Hearings were opened at 6:15 p.m. by Chairman David Plew, who read aloud
the Legal Notice as published in the Cortland Standard on 18 July 2013, as follows:
Notice is hereby given that a Public Hearing before the Zoning Board of Appeals of the
Town of Cortlandville will be held Tuesday, July 30, 2013, at 6:15 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 Eric Olsen for property located at 3836 NYS
Route 281, Tax Map No. 86.13-01-65.100, 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.
' 2. In the matter of the application of Cortland ENT for property located at 865
NYS Route 13, Tax Map No. 95.00-10-04.000,.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
& Zoning Officer, Raymond G. Thorpe Municipal Building, 3577 Terrace Road,
Cortland, NY, or 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 # 1
Fred Schadewald. Avolicant/Trevor Schadewald. Revuted Owner - 1177 Gallagher Road -
TM #106.00-04-09.000 - Manufactured Home Smaller than Allowed
Carried over from last month's meeting, Chairman Plew recognized Trevor Schadewald who
explained that his father, Fred Schadewald, was seeking a variance to place a manufactured
home (40 -ft. park model trailer) at the location shown on the map accompanying his father's
- , application. His father proposed to use the camper as a summer home to assist with the care
of his grandchildren; he resides in Zephyrhills, FL, during the winter months, but would leave
the camper trailer onsite year-round. Trevor explained that there had been a trailer there
before, complete with sewer/water, but it had been removed; his father's manufactured home,
Page 1 of 6
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AUG 16 2013
Minutes - (T) Cortlandville Zoning Board of Appeals
30 July 2013
smaller than what was there previously, would be placed in approximately the same location.
Skirting would be installed to make it look nice, he said.
Chairman Plew asked if there was anyone present who wished to speak on the proposed
variance; there was one:
Tammv Timmerman - 1180 Gallagher Road - A neighbor, she advised that Trevor
had not closed on the property yet. The manufactured home, which is there, looks
like a fifth -wheel, pull -behind camper. There are nice homes in area. This is not a
permanent residence. It's not a park model trailer. Will white sewage pipe lay on top
of the ground like it is now? Water supplied by garden hose. Drainage ditch has
been dug very close to property line; any setback for this? Trailer is smaller than
required minimum of 23 ft. by 48 ft. (photos submitted to Board). Does not like
aesthetics. Not zoned for a camper. Opposed to granting of requested variance.
Stated she had not received a notice of the request for a variance. CEO Weber
responded that one was sent out to her, but he did not know where it ended up.
Trevor Schadewald responded to Ms. Timmerman's comments/ questions: There is no sewage
problem. CEO Weber advised the owner that Health Department approval will be required for
a connection to any system.
Chairman Plew asked why not put the camper in Country Hills Campground, and Trevor
responded that it was too far away from his home to be used by his father to assist in taking
care of the grandchildren during the summer. And, he added, he did not have room for it on
his adjoining lot. Other alternatives were brought up by Chairman Plew. CEO Weber advised
the Board of the requirements/ regulations regarding the requested variance. Trevor stated
that he had no way to move it; it was delivered there. He also had no garage to store it in for
the six months it would not be in use.
Chairman Plew asked why put the camper there without a variance. CEO Weber then
explained the 10 -day time frame/ application time.
With everyone being heard who wished to be heard,
Chairman Plew closed the Public Hearing at 6:39 p.m.
DISCUSSION /DECISION
ZBA Member Tom Aloi then proceeded with the required questions (balancing test), with the
responses being given by the ZBA members, as follows:
1. Will an undesirable change be produced in the character of the
neighborhood, or a detriment to nearbv properties be created?.
Board's Finding: Yes. All agreed.
2. Can the applicant achieve his goals via a reasonable alternative which
does not involve the necessitv of an area variance?.
Board's Finding: No. All agreed.
3. Is the variance substantial?
Board's Finding: Yes, the difference between the subject camper and an
allowed manufactured home is substantial. All agreed.
4. Will the variance have an adverse impact on Dhvsical or environmental
conditions in the neighborhood or district?
Board's Finding: Yes. It's simply the view. All agreed.
5. Has there been anv self-created difficulty?
Board's Finding: Unfortunately, yes, it's self-created. All agreed.
After considerable discussion, a motion was made by Member John Finn that, based on the
ZBA's findings, the requested variance to allow for a manufactured home smaller than
Page 2 of 6
AUG 16 2013
Minutes - (T) Cortlandville Zoning Board of Appeals
30 July 2013
- allowed is denied. The motion was seconded by Member David Alexander, with the vote
being recorded as follows:
Ayes: Chairman Plew Nays: None
Member Finn
Member Bilodeau
Member Alexander
Member Aloi
Motion passed.
This becomes Action #20 of 2013.
Used Car King. LLC. Applicant/Reputed Owner - 3861 NYS Route 281 - TM #86.17-01-
11.100 - Lot Coverage Greater than Allowed
(The Public Hearing on this matter was held and closed on 25 June 2013. A that time,
discussion/ decision on the requested variance was postponed until this meeting of the ZBA in
order to have time to consult with Town Attorney John Folmer regarding the SEQRA process.)
DISCUSSION/ DECISION
Chairman Plew recognized Town Attorney John Folmer who read aloud a proposed Resolution
he prepared, as follows:
WHEREAS, the Zoning Board of Appeals is in receipt of an application from Used
Car King for a variance in relation to Tax Map Parcel #86.17-01-11.999 (3861 NYS
Route 281) to allow for lot coverage greater than allowed (Article 1A, Section 178-
2.2A(1)(8); and
WHEREAS, it has been determined by the Zoning Board of Appeals that a review of
this request pursuant to SEQRA is necessary and required; and
WHEREAS, the Town of Cortlandville Planning Board is experienced in conducting
such reviews, taking into account its overall planning responsibilities;
NOW THEREFORE, be it resolved by the Zoning Board of Appeals that the Town
Planning Board be requested to act as Lead Agency for the SEQRA review of this
application and, upon completion of the review, report its findings and conclusion to
this Board for further action on the applicant's request.
A motion was then made by Member Finn that the Town of Cortlandville Zoning Board of
Appeals adopts the aforestated Resolution which requests that the Town Planning Board
act as Lead Agency for the SEQRA review of this application and, upon completion of the
review, report its findings and conclusion to this Board for further action on the
applicant's request to allow for lot coverage greater than allowed. The motion was
seconded by Member David Alexander, with the vote being recorded as follows:
Ayes: Chairman Plew Nays: None
Member Finn
Member Bilodeau
Member Alexander
Member Aloi
Motion passed.
This becomes Action #21 of 2013.
Attorney Folmer advised the ZBA that they will be an involved agency and have the ultimate
decision regarding this request for a variance.
Page 3 of 6
3O
AUG 1 6 2013
Minutes - (T) Cortlandville Zoning Board of Appeals 30 July 2013
II PUBLIC HEARING #2 11
Eric Olsen, Applicant/ Cortland Station Inc.. Reputed Owner - 3836 NYS Route 281 - TM
#86.13-01-65.100 - Illumination of Building -Mounted Sign (Hoopla Frozen Yogurt]
Chairman Plew recognized the applicant who explained that he was seeking a variance for
illumination of a building -mounted sign for this new business located in front of the TOPS
Plaza, next door to CFCU. Hours of operation were discussed.
With everyone being heard who wished to be heard,
Chairman Plew closed the Public Hearing at 6:56 p.m.
DISCUSSION /DECISION
ZBA Member Aloi then proceeded with the required questions (balancing test), with the
responses being given by the ZBA members, as follows:
1. Will an undesirable chane be produced in the character of the
neighborhood, or a detriment to nearbv properties be created?.
Board's Finding: No. All agreed.
2. Can the applicant achieve his coals via a reasonable alternative which does
not involve the necessitv of an area variance?.
Board's Finding: No. All agreed.
3. Is the variance substantial?
- Board's Finding: No. All agreed.
4. Will the variance have an adverse impact on phvsical or environmental
conditions in the neighborhood or district?
SBoard's Finding: No. All agreed.
5. Has there been anv self-created difficultv?
Board's Finding: No. All agreed.
After considerable discussion, a motion was made by Member Aloi that, based on the ZBA's
findings, the requested variance to allow for building -mounted sign is granted as
requested, with illumination turned off within one hour after closing. The motion was
seconded by Member Tom Bilodeau, with the vote being recorded as follows:
Ayes: Chairman Plew Nays: None
Member Finn
Member Bilodeau
Member Alexander
Member Aloi
Motion passed.
This becomes Action #22 of 2013.
Page 4 of 6
37
AUG 1 6 2013
Minutes - (T) Cortlandville Zoning Board of Appeals 30 July 2013
PUBLIC HEARING #3
Cortland ENT. Avvlicant/David Yaman. Revuted Owner - 865 NYS Route 13 - TM #95.00-
10-04.000 - Illumination of Building -Mounted Sian
Chairman Plew recognized Cathy Christopher, representing the applicant who was seeking a
variance for illumination of a building -mounted sign for this new business located in the small
strip mall next to McDonald's. Because it is a "sleep lab" the hours of operation were from
approximately 6 p.m. until the following morning; no one was there during the day. Ms.
Christopher stated that their patients needed to be able to "find us." The last patient usually
arrives around 8:30 p.m.. Member Aloi admitted that he had trouble finding where the
business would be. Illumination hours were discussed..
With everyone being heard who wished to be heard,
Chairman Plew closed the Public Hearing at 7:07 p.m.
DISCUSSION /DECISION
Chairman Plew commented that this sleep lab has unusual operating hours and it should be
easily found by the patients who utilize it. With patients/ employees coming and going during
non -daylight hours, it was felt that illumination was needed, especially in case of an
emergency.
The Board then conducted its "balancing test"; all responses were negative.
After a brief discussion, a motion was made by Member Bilodeau that, based on the ZBA's
findings, the requested variance to allow for the building -mounted sign is granted, with
illumination from dusk until dawn. The motion was seconded by Member Finn, with the
vote being recorded as follows:
Ayes: Chairman Plew Nays: None
Member Finn
Member Bilodeau
Member Alexander
Member Aloi
Motion passed.
This becomes Action #23 of 2013.
APPROVAL OF MINUTES — 25 JUNE 2013.
A motion was made by Member Alexander to approve the Minutes of the 25 June 2013
ZBA hearings, as submitted. The motion was seconded by Member Finn, with the vote
recorded as follows:
Ayes: Chairman Plew Nays: None
Member Finn
Member Bilodeau
Member Alexander
Member Aloi
Motion passed.
This becomes Action #24 of 2013.
Page 5 of 6
W
131
AUG 16 2013
Minutes - (T) Cortlandville Zoning Board of Appeals 30 July 2013'
ADJOURNMENT
At 7:15 p.m., on a motion by Member Bilodeau, seconded by Member Alexander, with everyone
present voting in the affirmative, the meeting was adjourned.
Fitch, E. F, Board Secretary E-mailed to KS/KP TB, DA, TA, JFinn,
itc,
F JFohher, TW & BW on 8/14/13.
Page 6 of 6
3q o.-
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SEP 24 2713
�-� TOWN OF C'ORTLANDVILLE ZONING BOARD OF APPEALS
Public Hearings/ Meeting Minutes - Tuesday, 27 August 2013 - 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, Acting Chair Joan E. Fitch, Board Secretary
Thomas Bilodeau John Folmer, Town Attorney
David Alexander
Thomas Aloi
Applicants & Public Present
John Montagne of Allied Sign Co., for rue 21, Applicant.
The Public Hearings were opened at 6:59 p.m. by Chairman David Plew, who read aloud
the Legal Notice as published in the Cortland Standard on 15 August 2013, as follows:
Notice is hereby given that a Public Hearing before the Zoning Board of Appeals of the
Town of Cortlandville will be held Tuesday, August 27, 2013, at 7 p.m. at the Raymond
G. Thorpe Municipal Building, 3577 Terrace Road, in the Town of Cortlandville, New
York to consider the following applications pursuant to the 1986 Zoning Law:
1. In the matter of the application of Vladimir Leshkav for property located at
779 N. Lamont, Tax Map No. 95.15-03-09.000, for a variance in the terms
and conditions of Article Ili, Section 178-121 A (1), to allow for a front yard
less than allowed.
2. In the matter of the application of Anchor Sign Inc. for property located at 834
( Bennie Road, Tax Map No. 105.00-02-05.000, 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
& Zoning Officer, Raymond G. Thorpe Municipal Building, 3577 Terrace Road,
Cortland, NY, or 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 #I
Anchor Sign. Inc.. Applicant/Crown Court. LLC & Shoe Show. Inc.. Reputed Owners - 834
Bennie Road - TM #105.00-02-05.000 - Illumination of Building -Mounted Sign
Chairman Plew recognized John Montagne, representing Anchor Sign, Inc., who was seeking a
variance to illuminate a building -mounted sign to be installed for the new "rue 21" retail store
in the subject strip mall, as shown on the rendering accompanying the application. Mr.
Montagne stated he knew that the other illuminated building -mounted signs at this location
were on a timer, as his company also installed the Shoe Dept. sign in the same strip mall.
With no further discussion, Member David Alexander made a motion that, based on
-' previous findings/ balancing test, the variance was granted for an illuminated sign (rue
Page 1 of 3
,qv
SEP 2 4 2113
Minutes - (T) Cortlandville Zoning Board of Appeals
27 August 2013
21), as requested, with the illumination to be turned off within one hour of closing. The
motion was seconded by Member John Finn, with the vote recorded as follows:
Ayes: Chairman Plew Nays: None
Member Finn
Member Bilodeau
Member Alexander
Member Aloi
Motion passed.
This becomes Action #25 of 2013.
PUBLIC HEARING #2
Vladimir Leshkiv, AiDulicant/Reouted Owner - 779 No. Lamont Drive - TM #95.15-03-
09.000 - Front Yard Less than Allowed
As the applicant was not present to answer the Board's questions, the Board members briefly
reviewed the application. There was no one present to speak to the Board regarding this
appeal. However, Board members wanted to hear from the appellant with regard to his
request for the variance.
A motion was made by Member Alexander to postpone the variance request to allow for a
front yard less than allowed until the 24 September 2013 meeting of this Board to allow
the applicant/rep to be present. The motion was seconded by Member Tom Bilodeau,
with the vote recorded as follows:
Ayes: Chairman. Plew Nays: None
Member Finn
Member Bilodeau
Member Alexander
Member Aloi
Motion passed.
This becomes Action #26 of 2013.
APPROVAL OF MINUTES — 30 JULY 2013.
A motion was made by Member Finn to approve the Minutes of the 30 July 2013 ZBA
hearings, as submitted. The motion was seconded by Member Alexander, with the vote
recorded as follows:
Ayes: Chairman Plew Nays: None
Member Finn
Member Bilodeau
Member Alexander
Member Aloi
Motion passed.
This becomes Action #27 of 2013.
ADJOURNMENT
Page 2 of 3
41
SEP 2 4 2013 '
Minutes - (T) Cortlandville Zoning Board of Appeals 27 August 2013
At 7:15 p.m., on a motion by Member Finn, seconded by Member Alexander, with. everyone
present voting in the affirmative, the meeting was adjourned.
Y
J E. Fitch, Board Secretary
�J
Page 3 of 3
E-mailed to KS/KP & TB, DA, TA, JFinn,
JFolmer, TW & BW on 9/24/13. Not Recorded.
q9"
0 ATTENDANCE SHEET
�VP,LS MEETING OF
(Your attendance is recorded in the meeting Minutes.)
or — - -
-S.B1V411NoT*Pvft,� Name:
*1
Regarding:
Complete Address:
""Ao vkae at vt> v4vsr
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V
NOV -- a [--Ji3
TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS
Public Hearings/ Meeting Minutes - Tuesday, 24 September 2013 - 6:30 PM
Town Hall Court Room - 3577 Terrace Road - Cortland, NY
Board Members (*absent)
*David Plew, Chairman
John Finn, Acting Chair
Thomas Bilodeau
David Alexander
Thomas Aloi
Applicants & Public Present
Patricia Wood for Diane Ferri,
Montagne of Allied Sign Co.,
Underwood.
Others Present
Bruce Weber, Planning/Zoning Officer
Joan E. Fitch, Board Secretary
Applicant; John Partigianoni for Cort -Lanes, Applicant; John
for Sally Beauty Supply, Applicant; Chris Emery, Judd
The Public Hearings were opened at 6:30 p.m. by Acting Chairman John Finn, who read
aloud the Legal Notice as published in the Cortland Standard on 12 September 2013, 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 24, 2013, 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 Diane Ferri for property located at 743
Bowling Green, Tax Map No. 95.11-01-39.000, for a variance in the terms
and conditions of Article V, Section 178-121 A (1), to allow for a front yard
less than allowed.
2. In the matter of the application of Cort -Lanes for property located at 928 NYS
Route 13, TM # 95.15-02-46.000, for a variance in the terms and conditions of
Article 1A, Section 178-2.2 A (8) to allow for greater lot coverage than
allowed.
3. In the matter of the application of Sally Beauty Supply for property located at
828 Bennie Road, Tax Map No. 105.00-02-05.000, for a variance in the terms
and conditions of Article XVIII, Section 178-112, Table 1, for a building -
mounted sign to be illuminated.
4. In the matter of the application of Stacey Brown for property located at 859
NYS Route 13, Tax Map No. 95.00-10-04.000, for a variance in the terms and
conditions of Article XVIII, Section 178-112, Table 1, 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, NY, or 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 6
q3
NOV 4 L'-13 4`
Minutes - (T) Cortlandville Zoning Board of Appeals
r I PUBLIC HEARING #I
24 September 2013
Diane Ferri, Applicant/Patricia Wood. Reputed Owner - 743 Bowling_ Green - TM #95.11-
01-39.000 - Front Yard Less than Allowed
Acting Chair Finn recognized Patricia Wood, representing her mother, Diane Ferri, who was
seeking a variance to construct a 20 ft. by 20 ft. garage addition to her home as shown on the
sketch accompanying the application. The addition would replace the garage which, in turn,
would be converted into additional living space (bedroom) for her mother who had fallen and
broken her hip, necessitating her moving in with Ms. Wood. The new addition would fall too
close to the front property line than allowed; it would be ten feet closer to the road than the
other neighbors.
Acting Chair Finn asked if there was anyone present who wished to comment on the requested
variance; there was no one.
With everyone having been heard who wished to be heard,
Acting Chair Finn closed the Public Hearing at 6:37 p.m.
DISCUSSION/ DECISION -
Acting Chair Finn commented that he had looked at the property and felt the applicant had a
valid hardship. The property lies in an R2 district which requires at 35 -foot front setback.
ZBA Member Tom Aloi then proceeded with the required questions (balancing test), with the
responses being given by the ZBA members, as follows:
1. Will an undesirable change be produced in the character of the
neighborhood, or a detriment to nearbv properties be created?
Board's Finding: No. All agreed.
2. Can the applicant achieve his goals via a reasonable alternative which
does not involve the necessity of an area variance?
Board's Finding: No. All agreed.
3. Is the variance substantial?
Board's Finding: Yes, the difference between the subject camper and an
allowed manufactured home is substantial. All agreed.
4. Will the variance have an adverse impact on physical or environmental
conditions in the neighborhood or district?
Board's Finding: Yes. It's simply the view. All agreed.
5. Has there been anv self-created difficulty?
Board's Finding: Yes, it's self-created. All agreed.
After a brief discussion, a motion was made by Member David Alexander that, based on the
ZBA's findings, the requested variance to allow for a front -yard setback less than allowed
is granted as requested. The motion was seconded by Member Tom Bilodeau, with the
vote being recorded as follows:
Ayes: Acting Chairman Finn Nays: None
Member Bilodeau
Member Alexander Absent: Chairman Plew
Member Aloi
Motion passed.
This becomes Action #28 of 2013.
Page 2 of 6
NOV -- 4 2(13
Minutes - (T) Cortlandville Zoning Board of Appeals 24 September 2013
PUBLIC HEARING #2
Cort -Lanes. Aunlicant/John Partieianoni. Revuted Owner - 928 NYS Route 13 - TM
#95.16-02-46.000 - Greater Lot Coveraee than Allowed
Acting Chair Finn recognized Mr. Partigianoni (and his contractor, Chris Emery) who was
seeking a variance to construct a 40 ft. by 40 ft. addition at the location shown on the sketch
accompanying the application. The addition would be used for equipment storage (plow
trucks, etc.) and also handicapped bathrooms. This addition would make the site's lot
coverage greater than allowed. PZO Weber stated that with a 1600 SF addition, the owner
would be required to provide 9100 SF of green space. Mr. Partigianoni stated that the
shed/foundation that is there would be removed. There is also a 24 ft. by 40 ft. garage on the
property that "could be removed down the road" when the new building is completed. He also
commented that when the new Town sewer line is installed through his front parking lot where
there is now pavement, it could be left as grass instead of repaving (except for driveways)—
estimated to be an area 12 ft. wide by 250 ft. long. PZO Weber did not know when the sewer
line installation would be occurring. Mr. Partigianoni thought it may be next spring .because of
the construction of the new Byrne Dairy Plant farther down the road. He also added that he
would rather not lose the building out back.
Member Tom Aloi advised those present that he would abstain from any vote due to his being
related.
Acting Chair Finn asked if there was anyone present who wished to comment on the requested
variance; there was no one.
With everyone having been heard who wished to be heard,
Acting Chair Finn closed the Public Hearing at 7:02 p.m.
DISCUSSION /DECISION
ZBA Member Tom Aloi then proceeded with the required questions (balancing test), with the
responses being given by the ZBA members, as follows:
1. Will an undesirable change be produced in the character of the neighborhood,
or a detriment to nearby properties be created?
a. Board's Finding: No (Finn, Alexander, Bilodeau). Aloi abstained.
2. Can the applicant achieve his goals via a reasonable alternative which does not
involve the necessitv of an area variance?.
a. Board's Finding: No (Finn, Alexander, Bilodeau). Aloi abstained.
3. Is the variance substantial?
a. Board's Finding: No (Finn, Alexander, Bilodeau). Aloi abstained.
4. Will the variance have an adverse impact on phvsical or environmental
conditions in the neighborhood or district?
a. Board's Finding: No (Finn, Alexander, Bilodeau). Aloi abstained.
5. Has there been anv self-created difficulty?
a. Board's Finding: No (Finn, Alexander, Bilodeau). Aloi abstained.
Page 3 of 6
45
NOV - 4 2�.13
Minutes - (T) Cortlandville Zoning Board of Appeals 24 September 2013
With no further discussion, a motion was made by Member Alexander that, based on the
balancing test, a variance to allow for greater lot coverage than allowed is granted,
contingent upon (1) if proposed Town sewer line does not go through, the existing garage
must be removed; including the concrete pad, OR (2) if the sewer line is installed, then a
12 -foot wide area between the entrances shall be converted to green space within two
years. The motion was seconded by Member Bilodeau, with the vote being recorded as
follows:
Ayes: Acting Chairman Finn Nays: None
Member Bilodeau
Member Alexander Absent: Chairman Plew
Member Aloi
Motion passed.
This becomes Action #29 of 2013.
PUBLIC HEARING #3
Sallv Beautv Suvvly. Avvlicant/ Shoe Show. Inc.. Reputed Owner - 828 Bennie Road -
TM #105.00-02-05.000 - Illumination of Buildina-Mounted Sian
Acting Chair Finn recognized John Montagne, representing Anchor Sign, Inc., who was
seeking a variance to illuminate a building -mounted sign to be installed for the new Sally
Beauty Supply retail store in the subject strip mall, as shown on the rendering accompanying
the application. Mr. Montagne stated that his company also installed the Shoe Dept. sign in
the same strip mall.
Acting Chair Finn asked if there was anyone present who wished to comment on the requested
variance; there was no one.
With everyone having been heard who wished to be heard,
Acting Chair Finn closed the Public Hearing at 7:08 p.m.
DISCUSSION/ DECISION
With no further discussion, Member Aloi made a motion that, based on previous
findings/balancing test, the variance was granted for the illuminated sign, as requested,
with the illumination to be turned off within one hour of closing. The motion was
seconded by Member Bilodeau, with the vote recorded as follows:
Ayes: Acting Chairman Finn Nays: None
Member Bilodeau
Member Alexander Absent: Chairman Plew
Member Aloi
Motion passed.
This becomes Action #30 of 2013.
PUBLIC HEARING #4
Stacev Brown, Avvlicant/David Yaman. Revuted Owner - 859 NYS Route 113. Suite 100
- TM #95.00-10-04.000 - Illumination of Building -Mounted Sian
Acting Chair Finn recognized Judd Underwood, representing the applicant who was seeking a
variance for the illumination of a building -mounted sign as shown on the attachments to the
application (Verizon Wireless/ Diamond Wireless).
Page 4 of 6
q�
NOV - 4 KJ13
Minutes - (T) Cortlandville Zoning Board of Appeals 24 September 2013
/ Acting Chair Finn advised Mr. Underwood of the standard conditions utilized by the ZBA with
if regard to the sign illumination, i.e., they must be turned off within one hour after closing. He
did explain, however, that the adjacent business. ENT Sleep Lab, was not restricted in this
regard due to their clients/ employees coming and going during evening hours.
Acting Chair Finn asked if there was anyone present who wished to comment on the requested
variance; there was no one.
With everyone having been heard who wished to be heard,
Acting Chair Finn closed the Public Hearing at 7:14 p.m.
DISCUSSION /DECISION
With no further discussion, a motion was made by Member Alexander that, based on
previous findings/balancing tests for like appeals, the variance was granted for the
illuminated sign, as requested, with the illumination to be turned off within one hour of
closing. The motion was seconded by Member Aloi, with the vote recorded as follows:
Ayes: Acting Chairman Finn Nays: None
Member Bilodeau
Member Alexander Absent: Chairman Plew
Member Aloi
Motion passed.
This becomes Action #31 of 2013.
II POSTPONED FROM 8/27/13
Vladimir Leshkiv, Applicant/Reputed Owner - 779 No. Lamont Drive - TM #95.15-03-
09.000 - Front Yard Less than Allowed
Once again, the applicant was not present to answer the Board's questions, the Board
members briefly reviewed the application. There was no one present to speak to the Board
regarding this appeal. However, Board members wanted to hear from the appellant with
regard to his request for the variance.
A motion was made by Member Alexander to postpone the variance request to allow for a
front yard less than allowed until the 29 October 2013 meeting of this Board to allow the
applicant/rep to be present. The motion was seconded by Acting Chair Finn, with the
vote recorded as follows:
Ayes: Acting Chairman Finn Nays: None
Member Bilodeau
Member Alexander Absent: Chairman Plew
Member Aloi
Motion passed.
This becomes Action #32 of 2013.
Page 5 of 6
y-7
NOV --- 4 ��13
Minutes - (T) Cortlandville Zoning Board of Appeals
24 September 2013
APPROVAL OF MINUTES — 27 AUGUST 2013.
A motion was made by Member Alexander to approve the Minutes of the 30 July 2013
ZBA hearings, as submitted. The motion was seconded by Acting Chair Finn, with the
vote recorded as follows: -
Ayes: Acting Chairman Finn Nays: None
Member Bilodeau
Member Alexander Absent: Chairman Plew
Member Aloi
Motion passed.
This becomes Action #33 of 2013.
ADJOURNMENT
At 7:33 p.m., on a motion by Member Bilodeau, seconded by Member Alexander, with everyone
present voting in the -affirmative, the meeting was adjourned.
Y
J . E. Fitch, Board Secretary
Page 6 of 6
E-mailed to KS/KP & TB, DA, TA, JFinn,
JFolmer, TW & BW on 11/03/13.
. _ _ DVIATTENDANCE SHEET
(T_� CO Lii NLLE ZONING BD. �OF APPEALS, L F_ETING oF'*�!
(Your attendance is recorded in the meeting Minutes.)
�PRINTEi>,Name: Regarding: Complete Address:
--5uDW ()r►o(2aw ooc.L ov.
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t-tiZ0-11TING�B.-D,.--OF _APPEALS::. Mee�ting__O,nly,=���
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NOV 1 _ 713
TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS
Public Hearings/Meeting Minutes - Tuesday, 29 October 2013 - 6:30 PM
Town Hall Court Room - 3577 Terrace Road - Cortland, NY
Board Members (*absent) Others Present
David Plew, Chairman Bruce Weber, Planning/Zoning Officer
John Finn, Acting Chair Joan E. Fitch, Board Secretary
Thomas Bilodeau
David Alexander
Thomas Aloi
Applicants & Public Present
Anthony DePerno for Victory Sign, Inc., Applicant; Daniel Freelove, Applicant; Vladimir
Leshkiv, Applicant; Allen Manson.
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 16 October 2013, 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 29, 2013, 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 Victory Signs for property located at 826
Bennie Road, Tax Map No. 105.00-02-05.000, 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.
_ 2. In the matter of the application of Daniel Freelove for property located at
3550 Loope Road, Tax Map No. 97.04-01-03.000, for a variance in the terms
and conditions of Article III, Section 178-12, to operate an auto repair facility
in an Agricultural District.
3. In the matter of the application of Tim Wiese for property located at 951 NYS
Route 13, Tax Map No. 95.16-01-15.000, for a variance in the terms and
conditions of Article XVIII, Section 178-112, Table 1, Notes: 2a, for a greater
number of signs with a height & closer to property line than allowed.
The above applications are open to inspection at the office of Bruce A. Weber, Planning
& Zoning Officer, Raymond G. Thorpe Municipal Building, 3577 Terrace Road,
Cortland, NY, or 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 # 1
Victory Sign. Inc.. Avulicant/Dennis Norwood. Reputed Owner - 826 Bennie Road - TM
#105.00-02-05.000 - Illumination of Building -Mounted Sign
Chair Plew recognized Anthony DePerno, representing the applicant, who was seeking a
variance to allow for a building -mounted sign (GameStop) to be illuminated. (It is noted that
Page 1 of 4
NOV 15 1.3
Minutes - (T) Cortlandville Zoning Board of Appeals 29 October 2013
he had appeared before this Board recently to obtain a variance for illumination of an adjacent
i 1 store's building -mounted sign (Sally Beauty Supply), which was granted.)
Member Tom Aloi reminded Mr. DePerno that this Board usually stipulated a time for the
illumination of the sign to be turned off.
Chair Plew asked if there was anyone present who wished to comment on the requested
variance; there was no one.
With everyone having been heard who wished to be heard,
Chair Plew closed the Public Hearing at 6:34 p.m.
� }r
DISCUSSION/ DECISION
With no further discussion, Member Aloi made a motion that, based on previous
findings/balancing test, the variance was granted for the illuminated sign, as requested,
with the illumination to be turned off within one hour of closing. The motion was
seconded by Member John Finn, with the vote recorded as follows:
Ayes: Chairman Plew Nays: None
Member Finn
Member Bilodeau
Member Alexander
Member Aloi
Motion passed.
This becomes Action #34 of 2013.
PUBLIC HEARING #2
Daniel J. Freelove. Avulicant/Reuuted Owner - 3550 Loon_ a Road - TM #97.04-01-03.000
- MVR Business in Aa District
Chair Plew recognized Mr. Freelove who was seeking a variance to operate a motor vehicle
repair business in an Agricultural District. He plans to construct a 40 ft. by 40 ft. building
next to his existing garage, as shown on the sketch accompanying the application. Mr.
Freelove currently conducts this business, with permission, out of his garage; however, the
business has grown and he needs more room.
Chairman Plew stated he had visited the subject property today and saw two cars in front of
the home and seven by his garage. He asked the appellant if this would be what could be
expected, and Mr. Freelove responded that the two cars in front of the home were residents'
and other vehicles were his sons', in addition to two visitors' (wife's sisters), two repaired
vehicles awaiting pick up. There was also one inside the garage that he was working on.
Chair Plew did comment on the nice landscaping and well -cared -for grounds.
In response to the Board's question, the applicant stated that all waste is removed once a
week. He also stated that having a bigger building will not increase the amount of vehicles; it
will just give him more space in which to work.
Chair Plew asked if there was anyone present who wished to comment on the requested
variance; there was no one.
With everyone having been heard who wished to be heard,
Chair Plew closed the Public Hearing at 6:40 p.m.
Page 2 of 4
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NOV 1 ,13
Minutes - (T) Cortlandville Zoning Board of Appeals 29 October 2013
DISCUSSION /DECISION
Member Dave Alexander commented that a hardship had been established when the appellant
appeared before this Board on 26 February 2013 for his original variance. Chairman Plew
acknowledged receipt of the Cortland County Planning Department's review dated 11 October
2013, a copy of which has been placed on file. PZO Weber reminded the Board that if they
grant the variance, they should include any previous conditions. The Board agreed.
A motion was then made by Member Finn to grant the variance to allow for an expanded
auto repair business in an Ag District, as requested, based on the fact that a hardship
had been previously established on 2/26/13 (Action #2 of 2013). The motion was
seconded by Member Alexander, with the vote being recorded as follows:
Ayes: Chairman Plew Nays: None
Member Finn
Member Bilodeau
Member Alexander
Member Aloi
Motion passed.
This becomes Action #35 of 2013.
PUBLIC HEARING #3
(postponed from 9/24/13)
Vladimir Leshkiv, Avvlicant/Revuted Owner - 779 No. Lamont Drive - TM #95.15-03-
09.000 - Front Yard Less than Allowed
Chair Plew recognized the applicant who was seeking a variance to construct a 9 ft. by 10 ft.
wide porch addition to the front of his home as shown on the amended sketch accompanying
the application. The originally proposed addition was for the 9 -ft. width, but having a length
of 26± feet. The proposed addition would make the front yard setback a distance of 26 feet,
where 35 feet is required.
Chair Plew asked if there was anyone present who wished to comment on the requested
variance; there was no one.
With everyone having been heard who wished to be heard,
Chair Plew closed the Public Hearing at 6:47 p.m.
DISCUSSION /DECISION
ZBA Member Tom Aloi then proceeded with the required questions (balancing test), with the
responses being given by the ZBA members, as follows:
1. Will an undesirable change be produced in the character of the neighborhood,
or a detriment to nearbv properties be created?
a. Board's Finding: No.
2. Can the aDDlicant achieve his goals via a reasonable alternative which does not
involve the necessitv of an area variance?.
a. Board's Finding: No.
3. Is the variance substantial?
�} a. Board's Finding: No.
Page 3 of 4
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NOV 1 5 D13 d
Minutes - (T) Cortlandville Zoning Board of Appeals 29 October 2013
�- 4. Will the variance have an adverse impact on nhvsical or environmental
( conditions in the neiahborhood or district?
a. Board's Finding: No.
5. Has there been anv self-created difficulty?
a. Board's Finding: Yes.
With no further discussion, a motion' 'was made by Member Alexander that, based on:the
-balancing test, a variance is granted, to- allow for a front yard less than allowed, as
amended. - The motion was seconded by Member Tom -Bilodeau, with the vote being
recorded as follows:
Ayes: Chairman Plew Nays: None
Member Finn
Member Bilodeau
Member Alexander
Member Aloi
Motion passed.
This becomes Action#36 of 2013.
PUBLIC HEARING #4
Tim Wiese. Auolicant/UC Cortland Housing. LLC. Revuted Owner - 951 NYS Route 13 -
TM #95.16-01715.000 - Sian.Variance
r. Chair Plew stated that the subject "feather signs" were already installed along the front of this
' property. He acknowledged that these signs: had been up and down. Mr. Wiese; the property
manager, had removed them and, apparently, someone from the "company" had visited the
site and put them back up. Member Aloi stated that the signs. were not. readable unless
someone stopped their vehicle to do so. There was no one present. to represent the
applicant/;owner. Chair Plew advised the ,Board that. they . could postpone this appeal to
another date, or they could act on it at this meeting.
With no further discussion, Member Bilodeau made a motion to deny the - variance for a
greater number of signs w/height and .closer to the property line than= allowed, 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 Alexander
Member 'Aloi
Motion passed.
This becomes Action #37 of 2013.
ADJOURNMENT
At 7 p.m., on a motion by Member Finn, seconded by Member Alexander, with everyone
present voting in the affirmative, the meeting was adjourned-.
J E. Fitch; Board Secretary E-mailed to KS/KP & TB, DA, TA, JFinn,
— a JFolmer, BW, TW & DC on: 11/ 15/13.
Page 4 of 4
6 D- a,
ATTENDANCE SHEET
blff-Y CORTIbANDVILLC�Z�QNIN-G--B—D. fQ APPEALS
(Your attendance is recorded in the meeting Minutes.)
tt - - - - Name:
M AE A 5 G IU
16MQ (-9-4 4Y' FLO C,
Regarding:
Complete Address:
L r ---p— �� C,,� I
JAN 2112014
TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS
Public Hearings/Meeting Minutes - Tuesday, 17 December 2013 - 6:15 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
David Alexander
Thomas Aloi
Anolicants & Public Present
Greg Leach, Applicant; Attorney James Baranello for Clearmideo LLC, Applicant; George
Mowry, David Yaman, Harlan LaVine, William Cleary, Joe Armideo, Ed Cleary.
The Public Hearings were opened at 6:15 p.m. by Chairman David Plew, who read aloud
the Legal Notice as published in the Cortland Standard on 5 December 2013, 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 29, 2013, 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 John Montagne for property located at 1094
NYS Route 222, Tax Map No. 86.13-01-54.000, for a variance in the terms
and conditions of Article XVIll, Section 178-111B & 112, Table 1, to allow for
a greater number of signs, signs closer to property line, and building -
mounted sign to be illuminated.
2. In the matter of the application of Greg Leach for property located at 1841
East River Road, Tax Map No. 77.04-01-51.000, for a variance in the terms
and conditions of Article III, Section 178-13A, allow for a front yard less than
allowed.
3. In the matter of the application of Clearmideo LLC for property located at
3246 South Cortland -Virgil Road, Tax Map No. 105.08-01-07.000, 14.000 &
105.00-02-02.000, for a variance in the terms and conditions of Article X,
Section 178.36.1, to allow for a Gas Station in a B-2 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, NY, or 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
JAN 2 7 /2014 0
Minutes - (T) Cortlandville Zoning Board of Appeals 17 December 2013
PUBLIC HEARING # 1
Gregory Leach. Auulicant/Carl Leach. Reuuted Owner - 1841 East River Road - TM
#77.00-01-51.000 - Front Yard Less than Allowed (Caruortj
Chair Plew recognized the applicant who was seeking a variance to allow for a temporary
carport to be placed over an existing driveway. A photocopy of the proposed carport was
attached to the application. Mr. Leach stated this was for his parents whose health had
deteriorated. His mother was confined to a nursing home and his father had difficulty getting
around and required assistance. The carport was needed to keep snow and ice off the car
during the winter which was used to transport the elder Mr. Leach on a daily basis.
Placement of the carport on the driveway, as shown in a sketch also accompanying the
application indicates it would be over the front property line, seven feet into the right-of-way.
Member Tom Aloi commented that the car takes up the same space without the carport being
there and saw no problem with it. Greg Leach added that the carport would be temporary
and, when no longer needed by his parents, it would be removed.
Chair Plew asked if there was anyone present who wished to comment on the requested
variance; there was no one.
With everyone having been heard who wished to be heard,
Chair Plew closed the Public Hearing at 6:23 p.m.
DISCUSSION/DECISION
-� ZBA Member Tom Aloi then proceeded with the required questions (balancing test), with the
responses being given by the ZBA members, as follows:
1. Will an undesirable change be produced in the character of the neighborhood.
or a detriment to nearbv properties be created?
a. Board's Finding: No.
2. Can the applicant achieve his goals via a reasonable alternative which does not
involve the necessitv of an area variance?.
a. Board's Finding: No.
3. Is the variance substantial?
a. Board's Finding: Yes, it is substantial.
4. Will the variance have an adverse impact on phvsical or environmental
conditions in the neighborhood or district?
a. Board's Finding: No.
5. Has there been anv self-created difficultv?
a. Board's Finding: Yes.
Page 2 of 7
JAN 272014
Minutes - (T) Cortlandville Zoning Board of Appeals 17 December 2013
With no further discussion, a motion was made by Member David Alexander that, based on
the balancing test, a variance is granted to allow for a front yard less than allowed, with
the condition that when the carport is no longer needed by his parents, it must be
removed. The motion was seconded by Member Tom Bilodeau, with the vote being
recorded as follows:
Ayes: Chairman Plew Nays: None
Member Bilodeau
Member Alexander Absent: Member Finn
Member Aloi
Motion passed.
This becomes Action #38 of 2013.
PUBLIC HEARING #2
Clearmideo LLC. Avolicant/Revuted Owner - 3246 South Cortland-Vireil Road - TM #s
105.08-01-14.000 & 7 and 105.00-02-02 - Gas Station in B-2 District - MVR Business in
Ag District
Chair Plew recognized Attorney James Baranello, representing the applicant, Clearmideo LLC,
who was seeking a use variance to'allow for a gas station in a B-2 District. He displayed aerial
photographs of before and after the closing of the original Bennie Road. In May of 2010, when
his clients purchased the original property, on speculation, they had no knowledge that Bennie
Road, as it existed then, would be eliminated. The Town Board decided, on July 21St, to accept
dedication of Bennie Road Extension, conditioned upon elimination of its current extension.
His clients made an offer to purchase "four or five months" before Bennie Road was eliminated.
Mr. Baranello added that his clients did not buy "this parcel" with the idea that needed a
variance for a service station. They purchased a 1.7± -acre parcel in a B-2 District because it
had two means of egress and ingress, which was essential. According to Attorney Baranello,
the property is now worth less than half of what they paid because, with the relocation of
Bennie Road, there is no longer two means of ingress/egress; therefore, in order to have this,
his client had to purchase two other parcels, increasing their development costs.
The attorney continued by stating that, with the elimination of the Bennie Road access to his
client's property, it becomes virtually impossible to develop because there is only 62 feet of
frontage on Route 13, eliminating the possibility of a curb cut, so two additional parcels were
secured to accomplish this. They had already conferred with the NYSDOT regarding curb
cuts. In order to receive a reasonable return on their investment, his client would need
someone who could pay sufficient rent, e.g. as service/ gas station. "Nowhere in the Town
Ordinance are service stations permitted," he stated. Conversely, case law indicates that
"service stations are a necessity and the Town can't eliminate them altogether."
Attorney Baranello stated that this was the first application submitted for District 2;
previously, applications had been received for 1-A or 1-B. He reviewed other service stations
in the area. PZO Weber clarified the Wellhead Protection Zones and the primary aquifer area,
which are different. The proposed location is in the "primary aquifer area."
Board Member Aloi commented that very close to the subject site, Byrne Dairy is constructing
a new manufacturing facility, and a new Best Western hotel is nearing completion, in addition
to the Walmart and new strip malls - potentially "thousands of customers." A service station
was "a no-brainer."
Board Member David Alexander asked the applicant's appraiser, Harlan LaVine, if he had
considered the parcel's highest and best use, and the appraiser responded that there was no
question about it, "the structures that are on there are worthless." He stated "it's an ideal
location, a high traffic corner... I don't see any other retail type of business going in there and
Page 3 of 7
5�
JAN 2 7 2014
Minutes - (T) Cortlandville Zoning Board of Appeals 17 December 2013
try to complete with this Walmart store . ." He thought it was an ideal site for a service
J station.
Chairman Plew asked Attorney Baranello to explain their hardship. The attorney responded
that there was nothing else that would go there that would generate a reasonable return,
especially with one means of ingress and egress. There was only 62 feet of frontage; that is
why his client needs the two additional parcels discussed.
Chair Plew asked if there was anyone present who wished to comment on the requested
variance Comments were received, as follows:
Town Attornev John Folmer - Asked the difference between the first parcel
purchased and the two on which they now have purchase options. Attorney
Baranello explained that his clients had purchased the 1.7± -acre parcel which, at
that time, had two means of ingress/egress. It was not known that, later, one
means of ingress/egress would be eliminated by the realignment of Bennie Road,
thus creating a hardship. His client, in order to provide this second means of
ingress/egress, then secured purchase options on the other two parcels to protect
their investment.
George Mowry - 3238 South Cortland -Virgil Road - Representing himself and his
three neighbors. Had flood in August and were all evacuated, including Walmart,
Walden Place, etc. Has expended almost $18,000 re -doing his house. Where's the
water going to go if there's another flood? Now there will be runoff from a gas
station, possibly containing oil and gas. Asked about increase in crime, health
concerns, noise, lighting, aquifer contamination, litter, traffic, etc., all detrimental
to his property. Thinks there's more to look at and will keep up with this process.
Did not support granting of requested variance.
David Yaman - Developer for 40+ years, including Cortlandville. Applicant has no
choice regarding development of the subject parcel(s). From corner of Routes 281
and 13, there are approximately 19,500 vehicles traveling on a daily basis. Once
beyond Walmart, it drops to about 10,500 to 11,000 vehicles per day. Has talked
to many and gas station is what is needed. It would be made as an attractive
facility with lawn, shrubs, etc. to enhance neighborhood, especially compared to
what's there now. Mr. Mowry's concerns would be addressed. Mr. Yaman
supported granting of the requested variance.
(Board Member Finn arrived at 6:55 p.m.)
A brief discussion was held regarding the water table in the subject area.
With everyone having been heard who wished to be heard,
Chair Plew closed the Public Hearing at 6:57 p.m.
DISCUSSION/ DECISION
Chairman Plew commented he would not like to see this variance granted without seeing the
hydrogeologic assessment, signage planned, landscaping plan, and lighting plan. PZO Weber
explained the balancing test, the environmental review, and other criteria used. Town
Attorney Folmer stated "if you grant this variance, then the matter has to go to the Planning
Board for a variety or reviews." He continued, "I'm not sure that the conditions that you are
talking about, signage, lighting, hydrogeologic, are relevant to your determination as to
whether or not a variance ought to be granted and you need to remember that, in the final
analysis, the granting of a variance is a discretionary act on behalf of this Board ... "
Page 4 of 7
JAN 2 7 2014
Minutes - (T) Cortlandville Zoning Board of Appeals 17 December 2013
l\ 1 ZBA Member Tom Aloi then proceeded to read the required balancing test, with the responses
to be given by the ZBA members. (It is noted that PZO Weber advised the Board that if they felt
they could not answer a question because they did not have enough information, that they go
on to the next question.)
In order to be granted a use variance, the applicant must prove unnecessary hardship as
follows:
1. The land in question cannot yield a reasonable return if used only for a purpose
allowed in the zone.
2. That the plight of the owner is due to unique circumstances and not to the
general conditions in the neighborhood which may reflect the unreasonableness
of the Zoning Board itself.
3. That the use to be authorized by the variance will not alter the essential
character of the locality.
4. That the alleged hardship has not been self-created.
Regarding above Item 4, Chairman Plew felt that yes, it was self-created; Members Finn,
Alexander, Bilodeau, and Aloi indicated no, it was not self-created.
There was an extensive discussion regarding self-created hardships. Member Finn related his
business's experience with the widening of NYS Route 281 over the past 15t years. PZO
Weber reminded the Board that they should concentrate on the criteria for granting a use
variance. Member Alexander reiterated Attorney Baranello's citing of 1953 case law,
determining that gas stations are considered essential services.
L / At the conclusion of the discussion, Member Aloi went back to Item 1 above; the Board had
difficulty reaching any conclusion. Discussion continued.
Member Aloi then went to Item 2 above. Member Finn stated he did not think that a gas
station was unreasonable. More discussion ensued. It was agreed by all Board members that
the uniqueness of the application was due to the abandonment of Bennie Road.
Item 3 above - Member Finn said no; everyone agreed.
Item 4 above - Member Finn did not think it was a self-created hardship; all agreed, except for
Chairman Plew who felt it was self-created.
I
The Board then returned to Item 1 above. PZO Weber stated, "If you feel that you need further
in. I think the applicant has enough information now that proceeding for potentially
an environmental review with the Town Planning Board and the Town Board, if you feel that's
what you would like to see done, my suggestion would be that you request the Town Board to
be Lead Agency for the SEQRA review. It seems that you're undecided on the question, the
one test remaining, and there's been discussion about further information regarding a variety
of aspects of the application. As such, those questions may be answered through the
environmental review process. So my suggestion would be that, at this point in time, you
request the Town Board to be Lead Agency in regard to the environmental review of the
pi oject."
Iri response to Member Finn's question, PZO Weber stated that the ZBA did not have to grant
or deny. Item 1 may not be answerable as the Board did not have enough information to do
so. Town Attorney Folmer, speaking on behalf of the Town Board, stated, "At this point in
time, the Town Board has no more information concerning this project than you do and, until
and unless the Planning Board has given its review, the Town Board is not going to be in a
position, without a great deal of time and expense on behalf of the applicant, to deal with
environmental impacts, whatever they may be, and so I think, in my view—I understand what
i
Page 5 of 7
6-9
JAN 272014
Minutes - (T) Cortlandville Zoning Board of Appeals 17 December 2013
r Bruce is saying, I understand that there is more information that is necessary—my question is
.. whether or not that information is necessary for your determination on the variance because
the variance is only the threshold question. You may grant the variance and this project never
come to fruition."
Attorney Baranello stated that before they move on to hydrogeologic studies and do any more
environmental review, etc., they needed to know if the requested variance was granted.
Therefore, he asked the Board to act on the request. Town Attorney Folmer added that, "I
would like to think that you could make a decision one way or the other with regard to the
variance so, one, the applicant knows what they have to do next and, secondly, the Planning
Board knows that there is a decision made by you ... and that the Town Board, when it does
its Aquifer Protection Review and the SEQRA process, if it ends up Lead Agency, that we have
for our benefit your deliberations, the Planning Board's deliberations ..."
The Board agreed to return to Item 1 of the "balancing test." Member Aloi read it aloud, "The
land in question cannot yield a reasonable return if used only for a purpose allowed in the
zone." Voting "yes" were Members Aloi, Alexander, and Bilodeau. Voting "no" were Member
Finn and Chairman Plew.
At the conclusion of this extremely extensive discussion, a motion was made by Member Aloi
to grant the use variance to allow for a gas station in a B-2 District, as requested. The
motion was seconded by Member Finn, with the vote being recorded as follows:
Ayes: Chairman Plew Nays: None
Member Finn
Member Bilodeau
Member Alexander
Member Aloi
Motion passed.
This becomes Action #39 of 2013.
PUBLIC HEARING #3
John Montagne. Applicant/William Porter. Reputed Owner - 1094 NYS Route 222 - TM
#86.13-01-54.000 - Signage for Chemuna Canal Trust Companv
With no one present to explain the request for a variance, a motion was made by Member
Finn to postpone the Public Hearing/ Decision Meeting until the 28 January 2014
meeting of this Board. The motion was seconded by Member Aloi, with the vote recorded
as follows:
Ayes: Chairman Plew Nays: None
Member Finn
Member Bilodeau
Member Alexander
Member Aloi
Motion passed.
This becomes Action #40 of 2013.
Page 6 of 7
JAN 272014
Minutes - (T) Cortlandville Zoning Board of Appeals. 17 December 2013
r_ APPROVAL OF MINUTES — 29 OCTOBER 2013
A motion .was made by Member Finn to approve the.. Minutes of. the 29 October 2013. .
meeting of this Board, 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 Alexander
:Member. Aloi .
Motion passed.
-.This becomes Action #41 of 2013.
ADJOURNMENT
-At 7:35 p.m., on a motion. by Member Finn,; seconded by Member Bilodeau, with everyone
present voting in the. affirmative, .the meeting was adjourned.
JJ E. Fitch, Board Secretary E-mailed to KS/KP & TB, DA, TA, JFinn,
JFolmer, BW, TW & DC on 1/26/14..
Page 7 of 7
q
k;.,,.. '/04
ATTENDANCE SHEET
(T _ CoR LANDVILLE, ZON NG _BD. OF -APPEALS MEETING OF'% a-1 --1�:�
(Your attendance is recorded in the meeting Minutes.)
�PRINTEI> Name:
-IAvv«-� I2A(A, a" fur aplh, G 4-
&f Wa--1 ✓ Prru��u�
/G V",'�
Regarding:
S f-�, i � r' /,�
Complete Address:
' _= P INGBD:_ OR APPEALS`_Meeting.On]