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.. INDEX OF ACTIONS.- 2012 (T)CORTLANDVILLE ZONING.BOARD .OF APPEALS MEETINGl DATE I . ACTION NO. 'DESCRIPTION PAGE NO. 1%31/12-- 1 JEFF BARRON, APPLICANT/TL CANNON MGMT. CORP., REPUTED OWNER - 856 NYS Route 13 (Applebee's) - TM #95.20-02-05.000 - Sign variance GRANTED as requested, except for pylon sign which shall remain the same size/height as itis now. 2 APPROVED ZBA MEETING- MINUTES OF 29 NOVEMBER & 27 DECEMBER 2011, as submitted. Y _ Joan E. Fitch, Board Secretary Emailed to: Karen/Kris, TB, JO, JF, KW, BW & TW on 2/1/12. JEF INDEX OF ACTIONS - 2012 (T)CORTLANDVILLE ZONING BOARD. OF APPEALS MEETING DATEI , ACTION- NO. DESCRIPTION PAGE NO. 2/28/12 3THEODORE VIGLIETTA, APPLICANT/REPUTED OWNER- 396 NYS Route 222 - TM #95.00-11-14.000 - Variance GRANTED to allow for a front yard less than allowed, as requested. /G .4' UC CORTLAND HOUSING, APPLICANT/UNITED GROUP OF COMPANIES, REPUTED OWNER - 951 NYS'Rte. 13.(Cortland College Suites) = TM #95.16- 01-15:000 - Variance DENIED for an extension of time for 17 ft. by 10 ft. banner on West building, as requested, with banner to be removed no later than -31 May 2012. 5 ,APPROVED ZBA MEETING MINUTES OF 31 JANUARY 2012, as submitted. r Joan E. Fitch, Board Secretary Emailed to: Karen/Kris, TB, JO, JF, DA, JBF, BW & TW on 2/29/12. JEF INDEX OF ACTIONS - 2012 (T)CORTLANDVILLE ZONING BOARD OF APPEALS MEETING DATE ACTION NO. I DESCRIPTION PAGE NO. 3/27/12 6 DIAMOND WIRELESS, APPLICANT/PHILLIPS EDISON & CO., REPUTED OWNER - 3940 NYS Route 281 - TM #86.13-01-65.100 - Variance GRANTED for an illuminated building -mounted sign, as requested. �)1 7 APPROVED ZBA MEETING MINUTES OF 28 FEBRUARY 2012,' as submitted. ' M Joan E. Fitch, Board Secretary Emailed to: Karen/Kris, TB, JO, JF, DA, JBF, BW & TW on 3/29/12. JEF INDEX OF ACTIONS - 2012 (T)CORTLANDVILLE ZONING BOARD OF APPEALS MEETING DATE ACTION NO. DESCRIPTION PAGE NO. 4/24/12 8 JOSEPH B. SLATER, APPLICANT/REPUTED OWNER - 541 Lime Hollow Rd. - TM #95.18-01-18.000 - Variance GRANTED for a garage with a side yard less than allowed, as requested. N 9 PETER M. O'CONNELL, APPLICANT/REPUTED OWNER - 3718 NYS Route 281 - TM #96.05-01-08.000 - Variance GRANTED to allow for a two-family dwelling in a B2 District, as requested. 10 JAMES J. O'MARA, APPLICANT/JOHN MURDOCK, REPUTED OWNER - 726 Cedarcrest Drive - TM #95.11-02-48.000 - Variance GRANTED to allow for a �l front yard less than allowed, as requested. 11 FLADD SIGN SERVICE, APPLICANT/DAVID YAMAN REALTY SERVICES, REPUTED OWNER (Proposed Aspen Dental) - 859 NYS Route 13 - TM #95.00- 10-04.000 - Variance GRANTED to allow for building -mounted signs to be illuminated, with illumination to be turned off from 9 PM until 8 AM. 12 McDONALD'S USA, LLC, APPLICANT/DAVID YAMAN REALTY SERVICES, REPUTED OWNER - 859 NYS Route 13 - TM #95.00-10-04.000 - Variance GRANTED to allow for a greater number of building mounted signs and building - mounted signs with illumination, as requested, with internally illuminated signs to be on during business.hours only. 10, 13 APPROVED ZBA MEETING MINUTES OF 27 MARCH 2012, as submitted. _ 13 Joan E. Fitch, Board Secretary Emailed to: Karen/Kris, TB, JO, JF, DA, JBF, BW & TW on 4/25/12. JEF ■ INDEX OF ACTIONS -- 2012 (T)CORTLANDVILLE ZONING BOARD OF APPEALS { .J% Joan E. Fitch, Board Secretary Emailed to: Karen////Kris, TB, JO, JF, DA, JBF, BW & TW on 5/30/12. JEF. MEETING DATE ACTION NO: DESCRIPTION PAGE NO: 5%29/12 14 DAVID McMASTERS, APPLICANT/REPUTED OWNER - 4216 McCloy Rd. - TM #85.00-05-05.200 - Variance GRANTED for two dwellings on a single parcel, as - • requested. .15 VICTORY SIGN, INC., APPLICANT/McNEIL DEVELOPMENT,- REPUTED OWNER = 4038- NYS Route 281 - TM #86.09-01-39.000 - Variance GRANTED for 12 -ft. high (avg. grade) sign=with no LED sign, OR if LED sign is desired, the sign_ height will be limited to 8 feet. 16 JIM TABER, APPLICANT/WILLIAM F. LUKE & OTHS., REPUTED OWNER - 3878 NYS Rte.;281 - TM #86.17-01-8.210 - Variance GRANTED for a greater number of building -mounted signs than allowed, as requested: NO ACTION SAV -A -LOT, APPLICANT/JIM REUBEN, REPUTED OWNER =1111 NYS Route REQUIRED 222:= TM -#86.13-01-27.000 - Application for sigri variance WITHDRAWN BY APPLICANT. 17 RONALD J. RICCARDI, APPLICANT/REPUTED OWNER - 9 -Lansing Avenue - - TM•.#96.33-01-07.000 - (T) Corflandville ZBA WILL NOT RECONSIDER the appellant's request for a variance for outside storage of commercial equipment in a Residential District. (Ref. #28 of 2011., on 10/26/11). { .J% Joan E. Fitch, Board Secretary Emailed to: Karen////Kris, TB, JO, JF, DA, JBF, BW & TW on 5/30/12. JEF. INDEX OF ACTIONS - 2012 J` (T)CORTLANDVILLE ZONING BOARD OF APPEALS MEETING I I DATE ACTION NO. DESCRIPTION _ 6/26/12 18 PHILIP S. SILVESTRI, APPLICANT/RAVI & BHARATI DESAI, REPUTED OWNERS - NYS Route 13 - .TM #105.00-03-08.000 Variance GRANTED to allow for building -mounted signs to be illuminated. 19 APPROVED ZBA MEETING MINUTES OF 4/24 & 5/29/12, as corrected. (Meeting time in title on page lof both minutes should read 6:30 PM, NOT 7 PM.) i Joan E. Fitch, Board Secretary Emailed to: Karen/Kris, TB, JO, JF, DA, JBF, BW & TW on 6/27/12. JEF PAGE NO. ad AEETING DATE ACTION NO. i 8/28/12 20 21 INDEX OF ACTIONS - 2012 (T)CORTLANDVILLE ZONING BOARD OF APPEALS DESCRIPTION JAMES D. CICIONI, APPLICANT/JAMES & RICHELLE CICIONI, REPUTED OWNERS - 3703 Westvale Dr. - TM #95.00-04-25.000 - Variance GRANTED for rear and side yard setbacks, and for a storage building height_ 1 ft. greater than allowed, conditioned upon receiving approval of a Lot Line Adjustment from the Town Planning Board. APPROVED ZBA MEETING MINUTES -OF 26 JUNE 2012, as submitted. Joa itch, Board Secreta, �' Emailed to: Karen/Kris, TB, JO, JF, DA, JBF, BW & TW on 8/29/12. JEF 1 PAGE NO. WA, raorAll GXIA INDEX OF ACTIONS - 2012 (T)CORTLANDVILLE ZONING BOARD OF APPEALS JIEETING I 1 DATE ACTION NO. DESCRIPTION PAGE NO. 9/25/12 22 APD ENGINEERING +& ARCHITECTYRE, PLLC, APPLICANT/ALDI, INC., REPUTED OWNER - 393 Tompkins Street JTN *§t 16-02-45.000 - The Town of Cortlandville Zoning Board of Appeals AGREES with PZO Weber's interpretation of the Code with regard to Article XVIII, Section 178-113, Table 2/ Note 2C pertaining to building-mounted signs above the roofline. a� 23 APD ENGINEERING & ARCHITECTURE, PLLC, APPLICANT/ALDI, INC., REPUTED OWNER - 393 Tompkins Street - TM #95.16-02-45.000 - Variance GRANTED for (1) one Aldi's sign at the height requested, to be placed on the north side, and 2) the illumination of both signs on the front of the building, with lighting to go off one hour after closing. 26� 24 CHRISTOPHER READ, APPLICANT(MELDRIM'S)/GEORGE HASKELL, REPUTED OWNER - 3975 West Road (NYS Route 281) - TM #86.13-01-32.000 - Variance request TABLED to allow for a greater number of signs with an area greater than allowed. (�lf� 25 APPROVED ZBA MEETING MINUTES OF 28 AUGUST 2012, as submitted. Joa . itch, Boa &Se&efiary Emailed to: Karen/Kris, TB, JO, JF, DA, JBF, BW & TW on 9/27/12. JEF r', INDEX OF ACTIONS - 2012 (T)CORTLANDVILLE ZONING BOARD OF APPEALS '_MEETING DATE ACTION NO.. DESCRIPTION l PAGE NO. 10/30/12 26 LORNA MAY WALL, APPLICANT/REPUTED OWNER Lime Hollow Road - TM #95.00- 06-06.000 = Variance. GRANTED -for proposed 24 ft. by 24 ft. storage building, contingent upon construction of proposed home be started by 2014. 9a 27 MARK D. SMITH, APPLICANT/REPUTED OWNER - 191,193 & 197 Homer Avenue - TM #s 76.19-01-54.000 & 52.000 - Variance GRANTED to allow for a single-family dwelling in a Business District, as requested, based on proven hardship. O J 28 CHRISTOPHER READ, APPLICANT(MELDRIM-S)/GEORGE HASKELL, REPUTED OWNER - 3975 West Road (NYS Route 281) - TM #86.13-01-32.000 - Variance request DENIED to allow for a greater number of signs with an area greater than allowed, due to lack of proven hardship. 31 29 APPROVED MINUTES OF 9/25/12 ZBA MEETING, as submitted. Joary itch, Boa`rd'Secreffary Emailed to: Karen/Kris, TB, JF, DA, JBF, BW & TW on 10/31/12. JEF INDEX OF ACTIONS - 2012 (T)CORTLANDVILLE ZONING BOARD OF APPEALS ---JIEETING 1 DATE I ACTION NO. DESCRIPTION PAGE NO. 11/27112 30. ROYAL CHEVROLET,_ APPLICANT/JOSEPH REAGAN, REPUTED OWNER - 3838 NYS Route 281 TM #86.17-01-10.211-.- Variance GRANTED for greater number.of free- standing signs with a height & area greater. than allowed, and to allow for parking spaces with a length less than allowed, as requested. 33 31 APPROVED MINUTES OF 10/30/12 ZBA MEETING,"as submitted. INDEX OF ACTIONS - 2012 (T)CORTLANDVILLE ZONING BOARD OF APPEALS ----.,MEETING DATE ACTION NO. - DESCRIPTION i PAGE NO. 12/18/12 32 PROP, INC., APPLICANT/REPUTED OWNER - 3903-3911 NYS Route 281 - TM #86.17-01-02.111 : Based on the findings of the Balancing Test, the Use Variance is GRANTED as requested to allow for an Industrial use in a -Business District. 3[e 33 . APPROVED MINUTES OF 11/27/12 ZBA MEETING, as submitted. 3`l f x Joa . i06, Board*Secref ry Emailed to: Karen/Kris, TB, JF, DA, TA, JBF, BW & TW on 12/20/12. JEF FEB .® 9 20,2 r TOWN OF.CORTLANDVILLE ZONING BOARD: OF: APPEALS Public Hearing/Meeting Minutes - Tuesday,. 31 January 2012 - 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 Finri : Joan. E. Fitch,: Board. Secretary :Joann O'Rourke *Thomas Bilodeau David Alexander Applicants & Pu is Present Steven Bell for TL Cannon Management: Corp., Applicant; Jackie Spence; Richard Phillips, Joan: Plew, Eric Mulvihill of WHXC. The Public Hearing was opened at 7 p.m. by Chairman David Plew,, who read aloud -the Legal Notice published in the Cortland Standard on 18 January.2012, as follows: Notice js hereby given that a Public Hearing before the Zoning Board of Appeals: of the Town. of Cortlandville will be held Tuesday,. January 31, 2012, at 7 p.in. 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 TL Cannon- Management Corp. for property located at 856 NYS Route 13, Tax -Map No. 95.20-02-05.000, for a variance in, the terms and conditions of Article.XVld Section 178-.112 B, , to allow for a free-standing sign with a height & greater area than allowed and- a greater number of illuminated building -mounted signs with an. area greater than allowed. The above application is open to inspection at the office of Bruce A. Weber, Planning & Zoning Officer, Raymond- G. Thorpe Municipal Building, 3577. Terrace Road, Cortland, NY; or call (607) 756=7052 or 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 Dated: January 18,-2012 Zoning Board of Appeals (Note: Proof of Publication has been placed on file for the record.) PUBLIC HEARING Jeff Barron: Avvlicant/TL Cannon Management Corv.. Reouted Owner (aka Aoolebee's) - 856 NYS Route 13 - TM #95.20-02-05.000 - Signs Chairman Plew recognized the applicant who explained' that he was seeking a - variance for those signs, as shown on the computer-generated photos which accompanied the application. The present sign "Neighborhood Grill and Bar" across the front of the restaurant would be eliminated. New signage was proposed for over the main entrance and on the existing free- standing sign, plus new awnings. The six existing "Car -Side to Go" signs will be reduced to four. The pylon sign would be updated/ modernized, but the area would be greater than r allowed, and the height proposed is higher. The restaurant, according to Mr. Barron, opened in 2002-2003, and the present signs were installed at that time. Applebee's has now modernized their logo and awnings. Page 1 of 2 FEB 0 9 2012 Minutes - (T). Cortlandville Zoning Board of Appeals 31: January .2012 Chairman Plew :asked if there was anyone from the public who .wished to speak on the proposed variance; there was no one. With everyone having been heard who:wished to be heard, Chairman Plew closed the Public. Hearing.,at 7:22 p.m: DISCUSSION /DECISION CEO Weber explained .to the Board the reasons the"applicant needed a variance.Chairman Plew commented that he thought the existing free-standing/pylon sign should remain the same size.. - After a brief discussion, a motion was made by"Member John. Finn to grant the Variance, as requested, except for the pylon sign which shall remain the same site/ height as it is now. " The motion was seconded by_ Member.Joann O'Rourke, with the vote recorded as follows: Ayes: Chairman' Plew Nays: ... None Member Finn - Member O'Rourke Member Alexander Absent:. Member Bilodeau Motion passed. This becomes Action #I of 2012. APPROVAL OF MINUTES '29 NOVEMBER .& 27 DECEMBER 2011 A" motion was made by Member Finn, to approve the ZBA Minutes of 29 November and 27 December 2011, as submitted. The -motion was seconded by Member O'Rourke, with the vote recorded as follows: Ayes: ' Chairman Plew Nays: None Member Finn Member O'Rourke Absent:. Member Bilodeau Abstain: Member Alexander Motion passed. This becomes Action #2 of 2012. ADJOURNMENT At 7:33 p.m., on a motion by Member O'Rourke, seconded by Member Finn, with everyone present voting in the affirmative, the meeting was adjourned. t. LEFit . chBoard Secretary E-mailed to KS/KP & TB, DA, JO, JFinn, JFolmer, TW & BW on 2/9/12. Page 2 of 2 403 ATTENDANCE SHEET _ _ (T) CoRTL vl L ZONING BD: OF APPEAI:S] M SING OF (Your attendance is recorded in the meeting Minutes.) <F'PRINTE5>�Name: Regarding: Complete Address: -P,t1 `\ i7 L-vci E- ca VII "tet r Q J t�cfS i T �Al`1./' 14 ��i3/� / i�/� i•r.%C�/' ! .;moi//Gid. Vj X" of ZO NING_ BD. 6� MAR 1.9 2012 TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS Public Hearings/Meeting Minutes - Tuesday, 28 February 2012 - 7 PM Town Hall Court Room - 3577 Terrace Road - Cortland, NY Board Members (*absent) Others Present David Plew, Chairman Bruce Weber, Planning/Zoning Officer John Finn Joan E. Fitch, Board Secretary Joann O'Rourke John B. Folmer, Town Attorney Thomas Bilodeau David Alexander Avvlicants & Public Present Theodore Viglietta, Applicant; Michael Kliman for College Suites, Applicant; Eric Mulvihill of WHXC, and Town Councilman John Proud. The Public Hearing was opened at 7 p.m. by Chairman David Plew, who read aloud the Legal Notice published in the Cortland Standard on 16 February 2012, as follows: Notice is hereby given that a Public Hearing before the Zoning Board of Appeals of the Town of Cortlandville will be held Tuesday, February 28, 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 applications pursuant to the 1986 Zoning Law: 1. In the matter of the application of Theodore Viglietta for property located at 396 NYS Route 222, Tax Map No. 95.00-11-14.000, for a variance in the terms and conditions of Article III, Section 178-13, to allow for a front yard less than allowed. 2. In the matter of the application of UC Cortland Housing for property located at 951 NYS Route 13, Tax Map No. 95.16-01105.000, for a variance in the terms and conditions of Article XVIII, Section 178-112 A 3, to allow greater advertising signs with an area greater than allowed. The above application is open to inspection at the office of Bruce A. Weber, Planning & Zoning Officer, Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, NY, or call (607) 756-7052 or 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. Dated: February 16, 2012 David Plew, Chairperson Zoning Board of Appeals (Note: Proof of Publication has been placed on file for the record.) PUBLIC HEARING # 1 Theodore Viglietta. Avvlicant/Revuted Owner - 396 NYS Route 22 - TM #95.00-11- 14.000 - Front Yard Less Than Allowed Chairman Plew stated to the applicant that he had visited the subject parcel and talked with the applicant's wife who explained that her husband's father would be occupying the proposed addition planned for this home. Chairman Plew said he understood that the addition would be set back farther than the existing house. The front yard setback distance would be 35 feet, where 60 feet is required. The addition would match the house according to the applicant. Chairman Plew asked if there was anyone on the Board or from the public who wished to speak on the proposed variance; there was no one. With everyone having been heard who wished to be heard, Chairman Plew closed the Public Hearing at 7:04 p.m. Page 1 of 3 MAR 1920S Minutes - (T) Cortlandville Zoning Board of Appeals 28, February 2012 DISCUSSION/ DECISION With no further discussion, a motion was made by Member David Alexander to grant the variance, as requested. The motion was seconded by Member Joann O'Rourke, with the vote recorded as follows: Ayes: Chairman Plew Nays: None Member Finn Member Bilodeau Member O'Rourke Member Alexander Motion passed. This becomes Action 03 of 2012. PUBLIC HEARING #2 UC Cortland Housing_ . Applicant/United Grou» of Companies. Renuted Owner - 951 NYS Route 13 (Cortland College Suitesl - TM #95.16-01-15.000 - Extension of Time for Existing Temvorary Advertising Banner Chairman Plew recognized Mike Kliman, representing, the applicant who was seeking a variance to leave an existing banner on their west building along Route 281. Chairman Plew, commented that the applicant had already received two extensions. Mr. Kliman responded that the present occupancy of the building was only 75%, and the sign was needed to attract additional tenants. In addition, due to problems with previous tenants, there have been about 100 evictions since November of 2011. Also, the buildings are now under new management. He stated they have not removed the banner at the end of the allowed time (12/31/11) because the owner has to hire a company to take it down. In response to Chairman Plew's question, the buildings are utilized for student housing only, with the exception of a couple of college coaches who also live there. Chairman Plew asked if there was anyone on the Board or from the public who wished to speak on the proposed variance; there was no one. With everyone having been heard who wished to be heard, Chairman Plew closed the Public Hearing at 7:16 p.m. DISCUSSION/ DECISION Chairman Plew commented that he would like to see a time limit on the subject banner as the sign doesn't bother anyone. Member O'Rourke thought that the banner had "had its run" at this time. At the conclusion of a brief discussion, a motion was made by Member O'Rourke to deny the extension of time for the 17 ft. by 10 ft. banner on the west building, as requested, with the banner to be removed no later than 31 May 2012. The motion was seconded by Member Alexander, with the vote recorded as follows: Ayes: Chairman Plew Nays: None Member Finn Member Bilodeau Member O'Rourke Member Alexander Motion passed. This becomes Action #4 of 2012. OTHER MATTERS Page 2 of 3 66- Page s MAs 19 2012- Minutes - (T) Cortlandville Zoning Board of Appea 28. February:2012 • Garcia Property on Cosmos Hill - Town Attorney John Folmer reported that he had looked into the ZBA's request to review the trees that were allegedly removed in violation of the Board's decision approximately ten years ago. He stated he had looked at the property and saw no evidence of cut-down trees. He had also reviewed a drawing from the file. A Certificate of Occupancy was granted on 14 November 2003, plus two more C of Os had been issued .for, other things since that time. He also reviewed before and after photos of the construction. At the conclusion of his report, Attorney Folmer stated that he had made the determination that, given the passage of time, nothing should be done about the matter. • Town Attorney Folmer read a prepared statement he had authored to the ZBA regarding proper procedures, considerations, etc. He stated he had already read the same statement to the Town Board and will be reading it to the Planning Board at their meeting which follows. APPROVAL OF MINUTES — 31 JANUARY 2012 A motion was made by Member O'Rourke to approve the ZBA Minutes of 31 January 2012, 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 O'Rourke Member Alexander Motion passed. This becomes Action #5 of 2012. ADJOURNMENT At 7:36 p.m., on a motion by Member O'Rourke, seconded by Member Finn, with everyone present voting in the affirmative, the meeting was adjourned. ,r E. Fitch, Board Secretary Page 3 of 3 E-mailed to KS/KP & TB, DA, JO, •JFinn, JFolmer, TW & BW on 3/18/12. lm - Page - _ ATTENDANCE SHEET (Tj CORTLAivDVILLE ING BD. OF APPEALS' MEETING -OF (ZON (Your attendance is recorded in the meeting Minutes.) �PRINTBV> Name: Regarding: Complete Address: n�i c�,�,�1 l�l�,�,�,� ��11���� S��e S ���► ��,5�,�..a1 i� c�ri15�� .v -' C/✓'�'n % i7J U d I I - APR 19 2012 TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS Public Hearing/Meeting Minutes - Tuesday, 27 March 2012 - 7 PM Town Hall Court Room - 3577 Terrace Road - Cortland, NY Board Members (*absent) *David Plew, Chairman John Finn, Acting Chair Joann O'Rourke Thomas Bilodeau David Alexander Applicants & Public Present Rich Hubeny for Diamond Wireless, Applicant. Others Present Bruce Weber, Planning/Zoning Officer Joan E. Fitch, Board Secretary The Public Hearing was opened at 7 p.m. by Acting Chairman John Finn, who read aloud the Legal Notice published in the Cortland Standard on 19 March 2012, as follows: Notice is hereby given that a Public Hearing before the Zoning Board of Appeals of the Town of Cortlandville will be held Tuesday, February 28, 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 Diamond Wireless for property located at 39440 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 B; Table 1, to allow for a building -mounted sign to be illuminated. The above application is open to inspection -at the office of Bruce A. Weber, Planning & Zoning Officer, Raymond G. Thorpe Municipal Building, 357.7 Terrace Road, Cortland, NY, or call (607) 756-7052 or 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 Dated: March 19, 2012 Zoning Board of Appeals (Note:. Proof of Publication has been placed on file for"the record.) PUBLIC- HEARING Diamond Wireless. Applicant/Phillips Edison & Co.. Reuuted Owner - 3940 NYS Route 281 - TM #86.13-01-65.100 - Illumination of Buildine-Mounted Sign Acting Chairman Finn recognized Rich Hubeny, representing the sign company (Syracuse Signage) retained by Verizon to install a new sign on the front of the building over their store entrance, as shown on the pages attached to the application. The variance was required as the applicant proposes to illuminate the new sign. The illumination, he explained, is on a timer so it will turn on and off with the other businesses in this small strip mall. The current Verizon sign is illuminated. Acting Chairman Finn asked if there was anyone on the Board or from the public who wished to speak on the proposed variance; there was no one. With everyone having been heard who wished to be heard, Acting Chairman Finn closed the Public Hearing at 7:02 p.m. Page 1 of 2 M 19 2012 Minutes - (T.) Cortlandville Zoning Board of Appeals 27 March 2012 .. 4 DISCUSSION /DECISION With no further discussion, a motion was made by Member TomBilodeau to grant the variance, as requested. The motion was seconded .by Member Joann O'Rourke, with the vote recorded .as follows: Ayes: Acting Chairman Finn Nays: None Member Bilodeau = Member O'Rourke :Member Alexander Absent_ : Chairman Plew Motion passed. This becomes Action #6 of 2012. APPROVAL OF MINUTES 28 FEBRUARY 2012 A motion was made by Member O'Rourke to approve the. ZBA Minutes of 31 January 2012,. as submitted. The motion was seconded. by Member. Bilodeau, with the vote: recorded as follows: Ayes: Acting Chairman Finn Nays: None: Member Bilodeau Member O'Rourke. Member Alexander Absent: Chairman Plew Motion passed. This becomes Action #7 of 2012. ADJOURNMENT At 7:08 p.m., on a motion by Member David Alexander, seconded by Member Bilodeau, With everyone present voting in the affirmative, the meeting was adjourned. t E. Fitch, Board Secretary Page 2 of 2 E-mailed to KS/KP & TB, DA, JO, JFinn, JFolmer, TW & BW on 4/20/12., 6?c- ATTENDANCE SHEET '(-T)-CORTL-ANDVILL-E� ZONING BD. OF APPEALS fk-B-TING (Your attendance is recorded in the meeting Minutes.) �PRINTEI3> Name: Regarding: Complete Address: win r-ZONINGLB:D-.--OF APPEALS Meet ngyOrily, TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS Public Hearing/Meeting Minutes - Tuesday, 24 April 2012 - 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 Joann O'Rourke Thomas Bilodeau David Alexander Avolicants & Public Present Joseph Slater, Applicant; James O'Mara & John Murdock for James O'Mara, Applicant; Louis A. Larson for Peter M. O'Connell, Applicant; Scott Fladd for Fladd Sign Service, Applicant; Chris Boyea for McDonald's, Applicant; Christina Slater, Henry Slater, Sergey Vova. The Public Hearings were opened at 6:30 p.m. by Chairman David Plew, who read aloud the Legal Notice published in the Cortland Standard on 12 April 2012, 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 24, 2012, at 6:30 p.m. at the Raymond G. Thorpe Municipal Building, 3577 Terrace Road, in the Town of Cortlandville, New York to consider the following application pursuant to the 1986 Zoning Law: 1. In the matter of the application of Joseph Slater for property located at 541 Lime Hollow Road, Tax Map No. 95.18-01-18.000, for a variance in the terms and conditions of Article IV, Section 178-17 B (1), to allow for a garage with a side yard less than allowed. 2. In the matter of the application of Peter O'Connell for property located at 3718 NYS Route 281, Tax Map No.96.05-01-08.000, for a variance in the terms and conditions of Article Vlll, Section 178-35, to allow for a two-family dwelling in a B2 District. 3. In the matter of the application of James O'Mara for property located at 726 Cedar Crest Dr., Tax Map No.95.11-02-48.000, for a variance in the terms and conditions of Article IV, Section 178-17 A (1), to allow for a front yard less than allowed. 4. In the matter of the application of Fladd Signs Service 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 XV T,, Section 178-112 Table 1, to allow for building - mounted signs to be illuminated. 5. In the matter of the application of McDonalds USA 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, to allow for a greater number of building -mounted signs and building -mounted signs with illumination. 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 423-7490. Persons wishing to appear at such Page 1 of 5 APR 2 6 2012 Minutes - (T) Cortlandville Zoning Board of Appeals 24 Apit 12-0) 2 -- 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 John B. Slater, Applicant/Reputed Owner - 541 Lime Hollow Road. - TM #95.18-01- 18.000 - Side Yard Less Than Allowed Chairman Plew recognized the applicant who was seeking a variance to construct a 24 ft. by 30 ft. two -bay garage at the location shown on the map of his property which accompanied the application; there will be two overhead doors. A narrative was also attached to the application which explained what was proposed and why a variance was needed. Chairman Plew stated to the applicant that he did not agree that the location of the well was keeping the applicant from conforming to the required setback. Mr. Slater further explained by pointing out the locations to the Board. The shed shown thereon was actually closer to the line than the proposed garage would be. The shed will be relocated on the subject property. The proposed garage, which will contain property maintenance equipment, would face toward the house. Chairman Plew asked if there was _anyone from the public who wished to speak on the proposed variance; there was no one. With everyone having been heard who wished to be heard, Chairman Plew closed the Public Hearing at 6:39 p.m. DISCUSSION /DECISION Chairman Plew stated he was surprised that no one from the public came to this hearing to object to the construction of the proposed garage. It was his opinion that there was too much on one lot. In response to Member Joann O'Rourke's question, Mr. Slater stated the garage will be sided to match the house, and by using this new building, it would allow his currently outside -stored boat, etc. to be housed inside, out of sight. At the close of a brief discussion, a motion was made by Member Tom Bilodeau to grant the variance, as requested. The motion was seconded by Member Joann O'Rourke, with the vote recorded as follows: Ayes: Member Bilodeau Nays: Chairman Plew Member O'Rourke Member Finn Absent: Member Alexander Motion passed. This becomes Action #8 of 2012. Page 2 of 5 fb APR 2 6 2012 �! Minutes - (T) Cortlandville Zoning Board of Appeals Arvi \ 2-017- 11 PUBLIC HEARING #2 Peter M. O'Connell. Applicant/Reputed Owner - 3718 NYS Route 281 - TM #96.05-01- 08.000 - Two-Familv Dwelling in B-2 District Chairman Plew recognized Louis Larson, representing' the applicant who was seeking a variance to convert this single-family residence into a two-family. Each apartment will have three bedrooms. The owner will use the two-family dwelling as an income property.. There was ample parking, plus a three -bay garage already on the property. Chairman Plew asked if there was anyone from the public who wished to speak on the proposed variance; there was no one. With everyone having been heard who wished to be heard, Chairman Plew closed the Public Hearing at 6:46 p.m. DISCUSSION/DECISION With no further discussion, a motion was made by Member John Finn to grant the variance, as requested. The motion was seconded by Member O'Rourke, with the vote recorded as follows: Ayes: Chairman Plew Nays: None Member Finn Member O'Rourke Absent: Member Alexander Member Bilodeau Motion passed. This becomes Action #9 of 2012. PUBLIC HEARING #3 James J. O'Mara. Applicant/Reputed Owner - 726 Cedar Crest Drive - TM #95.11-02- 48.000 - Front Yard Less Than Allowed Chairman Plew recognized John Murdock, representing the applicant who was seeking a variance to construct a 100 ft. by 44 ft. residence on. this odd -shaped lot, as shown on the map accompanying the 'application. Mr. Murdock stated that the proposed home would not fit on the lot using the required setbacks. Chairman Plew asked if there was anyone from the public who wished to speak on the proposed variance; there was no one. With everyone having been heard who wished to be heard, .Chairman Plew closed the Public Hearing at 6:50 p.m. DISCUSSION/ DECISION At the close of, a brief discussion, a motion was made by Member O'Rourke to grant the variance, as requested. The motion was seconded by Member Bilodeau, with the vote recorded as follows: Ayes: Chairman Plew Nays: None Member Finn Member O'Rourke Absent: Member Alexander Member Bilodeau Motion passed. This becomes Action #10 of 2012. Page 3 of 5 APR 2 6 2012 Minutes - (T) Cortlandville Zoning Board of Appeals /ITvi 1 2012 PUBLIC HEARING #4 Fladd Sign Service, 'Applicant/David Yaman Realtv Services, Reputed Owner - 859 NYS, Route 13 (Proposed Aspen Dentall - TM #95.00-10-04.000 - Illumination of Building - Mounted Signs Chairman Plew recognized Scott Fladd who was • seeking a variance to illuminate the Aspen Dental sign(s) as proposed in the information accompanying the variance request. Except for the proposed illumination, the sign(s) conform to the square" footage requirements contained in the Code. In response to Member O'Rourke's question, Mr. Fladd stated that the business will be open Monday, Wednesday, and Thursday until 6 PM, Friday until 5 PM, and Tuesday until 8 PM. (NOTE: Member Alexander arrived at 6:53 PM, assumed his seat on the Board, and was brought up to date on the current appeal.) Chairman Plew asked if there was anyone. from the public who wished to speak on the proposed variance; there was no one. With everyone having been heard who wished to be heard, Chairman Plew closed the Public Hearing at 6:54 p.m. DISCUSSION /'DECISION After a brief discussion regarding the illumination, a motion was made ,by Member O'Rourke to grant the variance, with the illumination of the building -mounted signs to be turned off from 9 PM until 8 AM. The motion was -seconded by Member Bilodeau; with the vote recorded as follows: Ayes: Chairman Plew Nays: None Member Finn Member O'Rourke Member Bilodeau Member Alexander Motion passed. This becomes Action # 11 of 2012. PUBLIC HEARING #5 McDonald's USA, LLC, Applicant/David Yaman Realtv Services, Reputed Owner - 859 NYS Route 13 (Proposed Aspen Dental) - TM #95.00-10-04.000 - Greater Number of Building Signs .& Illumination of'Buildine-Mounted Signs Chairman Plew recognized Chris Boyea, representing the applicant who was seeking a variance for five wall signs with a total area of 124.6 SF; the Code allows two wall signs with a total area of 90 SF, all as shown on the elevations shown on the plans accompanying the application. Mr. Boyea stated that the restaurant planned to be open 24 hours a day; however, that could change depending on business. Chairman Plew asked if there was anyone from the public who wished to speak on the proposed variance; there was no one. With everyone having been heard who wished to be heard, Chairman Plew closed the Public Hearing at 7:07 p.m. Page 4 of 5 APR 2 6 2012 Minutes - (T) Cortlandville Zoning Board of Appeals 24 -- 'DISCUSSION /DECISION With no further discussion, a motion was made by Member Finn to grant the variance as requested, with the internally illuminated signs to be on during business hours only. The motion was seconded by Member O'Rourke, with the vote recorded as follows: Ayes:. Chairman Plew Nays: None Member Finn Member O'Rourke .Member Bilodeau Member Alexander Motion passed. This becomes Action #12 of 2012. APPROVAL OF MINUTES — 27 MARCH 2012 A motion was made by Member O'Rourke to approve the ZBA Minutes of 27 March 2012, as submitted. The motion- was seconded by Member Bilodeau, with the vote recorded as follows: Ayes: Chairman Plew Nays: None Member Finn Member O'Rourke Member Bilodeau Member Alexander Motion passed. This becomes Action #13 of 2012. ADJOURNMENT At 7:15 p.m., on a motion by Member O'Rourke, seconded by Member Finn, with - everyone. present voting in the affirmative, the meeting was adjourned. t E. Fitch, Board Secretary Page 5 of 5 E-mailed to KS/KP & TB, DA, JO, JFinn, JFolmer, TW & BW on 4/26/12. t3 `I ,3 0. ATTENDANCE SHEET �(TJ C6 TLANDV LL -E: j ZONING BD. OP_APPEALMEETING OF (Your attendance is recorded in the meeting Minutes.) �PRINTE13> Name: L -� 0)c. 4,--nrA P - Regarding: Sive y�.J V!r/i v+c P It �,R� B E � >YA Mc i7s -J of ©' KAkA oil ■ Complete Address: A.74. A 'f 114�,Q-4,I�. �% 1 S !v`15 R a B I , & v+/ , lu t7YW-- 57, C��. y� AJY 375— A;41 ins Z-Al,(tY' ry U-62 r2 L ZONING BD. OF APPEALS Meeting Only Iq TOWN -OF CORTLA14DVILLE ZONING BOARD OF APPEALS Public Hearings/Meeting Minutes - Tuesday, 29 May 2012 - 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 Joann O'Rourke John B. Folmer, Town Attorney Thomas Bilodeau David Alexander Applicants & Public Present . Jim Taber, Applicant; David McMasters, Applicant;: Anthony DePerno for Victory Sign, Inc:, Applicant. . The Public Hearings were opened at.6:30 p.m. by Chairman David Plew, who read aloud the Legal Notice published in the Cortland Standard on 16 May 2012, as follows: Notice is hereby given that -a Public Hearing before the Zoning Board of Appealsof the Towri of Cortlandville will be held Tuesday, May 29, 2012,' at 6:30 p.m. at the Raymond G. Thorpe Municipal Building, 3577 Terrace Road, in the Town of Cortlandville, New York to consider the following application pursuant to the 1986 Zoning Law: L. In the matter of the application of Say. A -Lot for property located at -1111 NYS Route 222, Tax Map No.86.13-01-27.000, for a variance in the terms and conditions of Article XVIII Section 178-111, Table- 1, to allow for a greater number of signs than allowed closer to property. line.. 2. In the matter of the application of David McMasters for property located at '4216 McCloy Road, Tax Map.No.85.00-05-05.200, for a variance in the terms and conditions of Article III, Section 178-13A, to allow for two dwellings on a single parcel. 3. In the matter of the application of Victory Sign, Inc., for property located at 4038 NYS Route 281, Tax Map No.86.09-01-39.000, for a variance in the terms and conditions of Article XVIII, Section 112B, 4a & 111-K, to allow for an animated sign with a height greater, than allowed.. 4. In the matter of the application of Jim Taber for property located at. 3878 NYS Route 281, Tax Map No.86.17-01708.210, for a variance in the terms and conditions of Article XVIII, ' Section 178-112, Table 1, to .allow for a greater nurnber of .building -mounted signs 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 423-7490. Persons wishing to appear 'at such hearing may do so in person, by attorney, or other representative. Communications in writing in relation thereto may be filed with the Board or at such hearing. - David Plew, Chairperson Zoning Board of Appeals :(Note: _Proof of Publication has been placed on file for the record.) Page 1 of 5 UN 04' &12 Minutes - (T) Cortlandville Zoning Board of Appeals PUBLIC HEARING # 1 29 May.2012 David McMasters, Applicant/Reputed Owner - 4216 McClov Road - TM #85.00-05- 05.200 - Two Dwellings on Single Parcel Chairman Plew recognized the applicant who was seeking a variance to construct a residence and a pole barn on a portion of his 225± A. parcel, as shown on the sketch accompanying the application. The pole barn would also contain an apartment ,for his in-laws, he stated. Chairman ' Plew asked what the apartment would be used for when the in-laws no longer needed it, and Mr. McMasters responded that he had three children and would probably used . by them when -they were older. Chairman Plew asked if there was anyone from the public who wished to speak on the proposed variance; there was no one. With everyone having been heard who wished to be heard, Chairman Plew closed the Public Hearing at 6:34 p.m. DISCUSSION / DECISION Chairman Plew remembered previous situations with approximately the same scenario; these were discussed. Member Joanne -O'Rourke said the Board had granted in-law apartments - before and saw no problem with granting the variance. At the close of a brief discussion, a motion was made by Member John Finn to grant the variance, as requested. The motion was seconded by Member O'Rourke, with -the vote recorded as follows: Ayes: Chairman Plew Nays: None Member Finn Member O'Rourke Member Bilodeau Member Alexander Motion passed. This becomes Action # 14 of 2012. PUBLIC HEARING #2 Victory Sign. Inc.. Applicant/McNeil Development, Reputed -Owner - 4038 NYS Route 281 (Family Health Network) -.TM #86.0. 9-01-39:000 - Animated Sian w/Height Greater than Allowed CEO Weber advised the Board that the proposed sign would have 'an LED message, but it would not be animated and should be considered a static sign. Chairman Plew recognized Anthony DePerno of Victory Sign Inc., who had been retained to provide signage for the new Family Health Network (FHN) building at this location. Mr. DePerno distributed copies of photographs indicating the existing sign, proposed sign, and other views for the Board's use.. The existing sign. is the be removed. The requested sign would be greater than 8 feet. in height. There was a view.of the existing 8 -ft. sign which showed that its view was blocked by northbound traffic on Route 281 that was stopped at the light on the corner of 281 and Madison Street. Sign height. measurements were discussed. The height of this sign is determined by the average height since the sign is on a slope, with one side higher than the other. CEO Weber stated that- the applicant was seeking an additional 6 to 6.5 feet in height over the 8 -ft. limit. It was noted that FHN was not considered an impulse business; visitors there usually had appointments as it's a medical facility. Mr. DePerno argued that the message portion of the sign (also as shown on a drawing Page 2 of 5 [5� JUN 04 2012 Minutes - (T) Cortlandville Zoning Board of Appeals 29 May 2012 provided) was requested simply to inform the public of events, reminders, etc., e.g. "Breast Cancer Awareness Week," mammogram reminders, cancer screening reminders, etc. It was to be an informational "public service." Member O'Rourke stated that she did not like the message board, and it that was not placed on the sign, then the sign could be conforming. The Board, she stated, had the opportunity to pursue tasteful signage along this heavily traveled commercial corridor. CEO Weber reminded the Board, and the applicant, that this corridor is in the, process of being widened eventually. Member John Finn thought that a height of 12 to 12.5 feet should be sufficient. Chairman Plew asked if there was anyone from the public who wished to speak on the proposed variance; there was no one. With everyone having been heard who wished to be heard, Chairman Plew closed the Public Hearing at 6:57 p.m. DISCUSSION/ DECISION After a brief discussion, Member Finn made a motion to grant the. variance for a twelve-, foot (average grade) sign with the LED message board as requested. The motion was seconded by Member Tom Bilodeau, with the vote recorded as follows: Ayes: Member Finn Nays: Chairman Plew Member Alexander Member Bilodeau Member O'Rourke Motion defeated. With no further discussion, a motion was then made by Member O'Rourke to grant the variance for a 12 -ft. high (average grade) sign with no LED sign, OR if LED sign is desired, the sign height will be limited to eight (8) feet. The motion was seconded by Member David Alexander, with the vote recorded as follows: Ayes: Chairman Plew Nays: Member Finn Member O'Rourke Member Bilodeau Member Alexander Motion carried. This becomes Action # 15 of 2012. PUBLIC HEARING #3 II Jim Taber. Applicant/Wm. F. Luke & Oths.. Reputed Owners - 3878 NYS Route 281 (Cortland Chrvsler/Dodge. Etc.) - TM #86.17-01-8.210 - Excess Building -Mounted Signs Chairman Plew recognized the applicant who was seeking a variance for a greater number of non -illuminated building -mounted signs than allowed to be placed on the front of this dealership as shown on the photo accompanying the application. The existing signage would be removed. Chairman Plew asked if there was anyone from the public who wished to speak on the proposed variance; there was no one. With everyone having been heard who wished to be heard, Chairman Plew closed the Public Hearing at 7:10 p.m. Page 3 of 5 16 JUN 0 a. 2012 11 Minutes - (T) Cortlandville Zoning Board of Appeals 29 May 2012 DISCUSSION/ DECISION With no further discussion, a' motion was made by Member O'Rourke to grant the variance, as requested. The motion was seconded by Member Alexander, with the vote recorded as follows: Ayes: Chairman Plew Nays:. None Member Finn Member O'Rourke .Member Bilodeau Member Alexander Motion passed. This becomes Action *16 of 2012. PUBLIC HEARING #4 II Sav-A-Lot. Applicant/Jim Reuben. Renuted Owner 1111 NYS Route 222 - TM #86.13- 01-27.000 - Sign Variance CEO Weber informed those present that the applicant had withdrawn the request for a variance. No Action Required II " OTHER MATTER , II Ronald J. Riccardi. Applicant/Reputed Owner - 9 LansinLy Avenue - TM #96.33-01- 07.000 - Request to Reconsider -Action #28 of 2011110/26/11) Town Attorney John Folmer acknowledged that the ZBA had received a letter from Attorney Ronald T. Walsh, dated 26 April 2012, asking the Board to. "reconsider Mr. Riccardi's use variance application" for outside storage of commercial equipment which was denied on 26 October 2011-. Attorney_ Folmer advised the Board members of the requirements, to do so. Attorney Folmer then reviewed the -history of the variance request. The Board questioned why the applicant's attorney was not present at this meeting. At the conclusion of a brief discussion, a motion was made by Member O'Rourke that the Town of Cortlandville Zoning Board of Appeals will not reconsider the appellant's request for a variance for outside storage of commercial equipment in a Residential- District. The motion was seconded by Member Finn, with the vote recorded as follows: Ayes: Chairman Plew Nays: None Member Finn Member O'Rourke Member Bilodeau. Member Alexander Motion passed. This becomes Action :#17 of -2012. Page 4 of 5 JUN ®4 2012 Minutes - (T) Cortlandville Zoning Board of Appeals 29 May 2012. ADJOURNMENT At 7:25 p.m., on a motion by Member Alexander, seconded by Member Bilodeau, with everyone present voting in the affirmative, the meeting was adjourned. i J E. Fitch, Board Secretary E-mailed to KS/KP & TB, DA, JO, JFinn, JFolmer, TW & BW on 6/3/ 12. Page 5 of 5 ATTENDANCE SHEET _ (Tj CORTLANDVILLE� ZONING BD. OF APPEALS MEETING�j- (Your attendance is recorded in the meeting Minutes.) �PRINTBI> Name: Regarding: Complete Address: 1CPA/�5 Z-,'-6f2-UCC fir Co2���� C%2.ysc�i2 3�7y Ncs A. 9T 2'?- l MCC /�, O:1 ZONING_._BD,_OF APPEALS Meetin OUL 10 2012 TOWN ;OF CORTLANDVILLE ZONING BOARD OF APPEALS �1 Public Hearings/Meeting Minutes - Tuesday; 26 June 2012 - 7 PM :Town Hall Court Room - 3577" Terrace Road -Cortland, NY - Board Members (*absent) Others Present David Mew, Chairman Bruce Weber, Planning/Zoning Officer John Finn, Acting Chair Joan E. Fitch, Board Secretary Joann O'Rourke Thomas Bilodeau David Alexander Applicants & Public Present Phil Silvestri, Applicant; Bharati 8v Ravi Desai, Lowell Dewey. The Public Hearing was opened at 6:28 pan. by Chairman David Plew, who read aloud the Legal Notice published in the Cortland Standard on 14 June 2012, 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 26, 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 Philip Silvestri for property located on NYS Route 13, Tax Map No. 105.00-03-08.000, for a variance in the terms and conditions of Article XVI, Section 178-112, Table 1, to allow for building - mounted signs to be illuminated. The above application is open to inspection at the office of Bruce A. Weber, Planning & Zoning Officer, Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, NY, or call (607) 756-7052 or 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.) II PUBLIC HEARING Philip J. Silvestri, Applicant/Ravi & Bharati Desai, Reputed Owners - NYS Route 13 - TM #105.00-03-08.000 - Illumination of Building -Mounted Signs (Proposed Best Western Hotel Chairman Plew announced that he had no .questions regarding this - application. He then recognized the applicant. who displayed the "prototype" of the proposed new Best Western hotel to be constructed on this site. He explained all -of the architectural features. Mr. Silvestri indicated the proposed building -mounted signage that was to be illuminated: three signs, as shown. Chairman Plew asked if there was anyone from the public who wished to speak on the proposed variance; there was no one. With everyone having been heard who wished to,be heard, Chairman Plew closed the Public Hearing at 7:06 p.m. Page 1 of 2. JUL 1.-0 2012 Minutes - (T) Cortlandville Zoning Board of Appeals 26 June 2012. 'DISCUSSION/ DECISION Chairman Plew asked what "Best Western Plus"- meant; Mr. Silvestri advised that it was a step above `Best Western." Chairman Plew then, asked why a road sign was not being requested, and the applicant responded that they were planning to have a road sign; however, it would conform to the Town's sign requirements and, -therefore, no variance was needed. At the conclusion of a brief discussion, a motion was made by Member Joanne O'Rourke to grant the variance 'to allow for the building -mounted signs to be illuminated, as requested. The motion was seconded by Member Thomas Bilodeau, with the vote recorded as 'follows: Ayes: Chairman Flew Nays: None -Member. Finn Member O'Rourke Member Bilodeau Member Alexander . Motion passed. This becomes Action #18 of 2012. APPROVAL OF MINUTES — 4/24 & 5129/12 It was noted by Member Alexander that the meeting time indicated on the title page of both sets of Minutes was incorrect; it should read 6:30 PM, not 7 PM. A motion was then made by Member David Alexander to approve the Minutes of the 24 April and 29 May 2012 ZBA meetings, �as corrected. The motion was seconded by Member- O'Rourke, with the vote recorded as follows: Ayes: Chairman Plew Nays: None Member Finn -Member O'Rourke Member Bilodeau Member Alexander Motion passed. This becomes Action #19 of 2012. ADJOURNMENT At 7:08 p.m., on a motion by Member John Finn, seconded by Member O'Rourke, with everyone present voting in the affirmative, the meeting was adjourned. E. Fitch, Board Secretary Page 2 of 2 E-mailed to KS/KP & TB, DA, .70, JFinn, JFolmer, TW &-BW on 7/10/12. (T) , RTLANDVILLE ATTENDANCE SHEET ZONIXiii). OF APPEALS =I MEETING -OF-44 (Your attendance is recorded in the meeting Minutes.) PRINTEIPo Name: _ Regarding: Complete Address: Ph -it & % 1�, la." M ��iarf r/ of "k,51vu, �ZONINGBD:_ —OFAPP 9111 4. TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS Public Hearing/Meeting Minutes - Tuesday, 28 August 2012 - 7 PM Town Hall Court Room - 3577 Terrace Road - Cortland, NY Board Members (*absent) David Plew, Chairman John Finn, Acting Chair Joann O'Rourke *Thomas Bilodeau David Alexander Applicants & Public Present Jason Cicioni, Applicant; Richelle Cicioni. Others Present Bruce Weber, Planning/Zoning Officer Joan E. Fitch, Board Secretary The Public Hearing was opened at 7 p.m. by Chairman David Plew, who read aloud the Legal Notice published in the Cortland Standard on 16 August 2012, 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 28, 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 Jason Cicioni for property located at 3703 Westvale Drive, Tax Map No. 95.00-04-25.000, for a variance in the terms and conditions of Article IV, Section 178-17.B1, to allow for a side and rear yard less than allowed. The above application is open to inspection at the office of Bruce A. Weber, Planning & Zoning Officer, Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, 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 Jason Cicioni. Applicant /Jason & Richelle Cicioni, Renuted Owners - 3703 Westvale Drive - TM #95.00-04-25.000 - Side & Rear Yard Setbacks Chairman Plew recognized the applicant who explained that he was seeking an area variance in order to construct a storage building in the back yard of his property as shown on the map accompanying the application. The setback on the west property line is proposed to be five feet, and the rear setback (after a 15 -foot lot line adjustment from the Town of Cortlandville) is proposed to be 8± feet. The additional strip to be acquired is necessary to avoid the property's leach lines. It is proposed to purchase a 15 ft. by 90 ft. strip from the Town, also as shown on the sketch accompanying the application; this strip would be combined with Mr. Cicioni's parcel. The proposed 35 ft. by 40 ft. storage building's exterior would match his home. CEO Weber advised that any variance granted would be subject to the approval of the subdivision from the Town. CEO Weber asked the applicant what the height of the proposed building would be, and Mr. Cicioni responded that it would be 16 feet to the peak. This would require a variance as the proposed height exceeds the Town's height limitation by one foot. Page 1 of 2 Minutes - (T) Cortlandville Zoning Board of Appeals 28 August -2012 . Chairman Plew asked if there was anyone from the public who wished to . speak on the proposed variance; there was no one. With everyone having been heard who wished to be heard,- Chairman eard;Chairman Plew closed the Public Hearing at 7:10 p.m. DISCUSSION /DECISION Board Member David Alexander mentioned the "balancing test" .questions.. Chairman Plew then asked if all- neighboring property owners had been notified of this- public hearing; CEO Weber affirmed they were. Board Member Joann O'Rourke commented that she felt the proposed location was the best one for this property. At the conclusion of a brief discussion, a motion was. made by Member O'Rourke to grant' the variance to allow for rear and- side -yard 'setbacks less than allowed, and. for a storage building height of one foot greater than all conditioned upon receiving approval of a Lot Line Adjustment from the Town Planning Board. The. motion was seconded_ by .Member John Finn, with the vote recorded as follows: Ayes: Chairman Plew Nays: Member Alexander Member Finn Member O'Rourke Absent: Member Bilodeau - Motion passed. This becomes Action #20 of 2012. t APPROVAL OF MINUTES — 26 JUNE 2012 A motion was made by Member O'Rourke to approve, the. Minutes of the 26 June 2012 ZBA meeting, as submitted. The motion was seconded by Member Alexander, with the vote recorded as follows: Ayes: Chairman Plew Nays: None, `Member; -Finn - Member O'Rourke Member Alexander Absent: Member Bilodeau Motion passed. This becomes -Action #21 of 2012. ADJOURNMENT At 7:20 p.m., on a motion by Member `Rourke, seconded by Member Finn, with "everyone present voting in the aff-irmative, the meeting was -adjourned. E. Fitch, Board Secretary Page 2 of 2 E-mailed to.KS/KP & TB, DA, JO, JFinn, JFolmer, TW & BW on 9/26/12. M 611 ATTENDANCE __SHEET (T��CORT DVLA VILLE� ZONING BD_ OF APPEALS MEETING (Your attendance is recorded in the meeting Minutes.) !'jPRIN/TiL!> Name: Regarding: Complete Address: J�'Sa� l.tclati a Al-cule &IL �1��� s�i.�C �v3 l✓e5//1c(� ll/✓ (c7fr� ^�/ �T ZONING fBD. `OF APPEALS M-66-- - -- NOV_ 5 2012-- - --- TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS Public Hearings/Meeting Minutes - Tuesday, 25 September 2012 — 6:45 PM Town Hall Court Room — 3577 Terrace Road — Cortland, NY Board Members (*absent) Others Present David Plew, Chairman Bruce Weber, Planning/Zoning Officer John Finn Joan E. Fitch, Board Secretary Joann O'Rourke Thomas Bilodeau David Alexander Apulicants &'Public Present Christopher Read, Applicant; Christopher Kambar of APD Engineering & Architecture for Aldi, Inc., Applicant. The Public Hearings were opened at 6:43 p.m, by Chairman David Plew, who read aloud the Legal Notice published in the Cortland Standard on 14 September 2012, 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 25, 2012, at 6:45 p.m. at the Raymond G. Thorpe Municipal Building, 3577 Terrace Road, in the Town of Cortlandville, New York to consider the following application pursuant to the 1986 Zoning Law: 1. Request for interpretation for Article XVIII, Section 178-113, Table 2, Note 2C. 2. In the matter of the application of APD Engineering for property located at 393 Tompkins Street, Tax Map No. 95.16-02-45.000, for a variance in the terms and conditions of Article XVIII, Section 178-112, Table I & 178-113, Table 2, Note 2C, to allow for signs above roof line, greater number of signs, and building -mounted signs to be illuminated. 3. In the matter of the application of Christopher Read for property located at 3975 West Road, Tax Map No. 86-13-01-32.000, for a variance in the terms and conditions of Article XVIII, Section 178-112, Table 2, to allow for a greater number of signs 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 4 0V._®_5- 2012 - --- ---- I PUBLIC HEARING #1 1 APD Enaineeri= & Architecture. PLLC. Aunlicant/Aldi. Inc.. Rev_ uted Owner - 393 Tomu- kins Street - TM #95.16-02-45.000 - Rea_uest for Interuretation Chairman Plew recognized Chris Kambar of APD Engineering, who had submitted a request for interpretation of Article XVIII, Section 178-113, Table 2, Note 2C. PZO Bruce Weber had previously interpreted that the owner did not meet the intent of this section regarding the roofline, especially since the Ordinance does not provide the definition of a "building wall." The applicant asked this Board to determine if the proposed improvements met the intent of the zoning ordinance. PZO Weber stated, in writing, that it was his interpretation that the Aldi signs, as proposed, ere not in compliance with the requirement that a sign not extend above the roofline (copy of his undated memo to the ZBA, received at this meeting, has been placed on file for the record.) After reviewing the application and all of its attachments, and with everyone heard who wished to be heard, Chairman Plew closed the Public Hearing at 6:57 p.m. After a very brief discussion, a motion was made by Member John Finn that the Town of Cortlandville Zoning Board of Appeals agrees with PZO Weber's interpretation of the Code with regard to Article XVIII, Section 178-113, Table 2/Note 2C, pertaining to building - mounted signs above the roofline. The motion was seconded by Member Joann O'Rourke, with the vote being recorded as follows: Ayes: Chairman Plew Nays: None Member Bilodeau Member Finn Member O'Rourke Member Alexander Motion passed. This becomes Action #22 of 2012. I PUBLIC HEARING #21 APD Enaineerina & Architecture. PLLC. Avulicant/Aldi. Inc.. Revuted Owner - 393 Tomvkins Street - TM #95.16-02-45.000 - Reauest for Interuretation Chairman Plew asked Chris Kambar for clarification of the drawing showing elevations; Mr. Kambar answered his question. Mr. Kambar stated that the applicant was requesting four signs which needed variances. The Aldi's facility was being remodeled as shown on the plans submitted, which included the signage as shown. There were two "ALDI" signs proposed above the roofline on a chimney -like structure, one facing the street, and one facing the west. Also requested was the illumination of two building -mounted signs on the front of the building, as shown. With everyone having been heard who wished to be heard, Chairman Plew closed the Public Hearing at 7:04 p.m. DISCUSSION /DECISION After an extensive discussion, a motion was made by Member Tom Bilodeau to grant the variance for: (1) one Aldi's sign at the height requested, to be placed on the north side, and (2) the illumination of both signs on the front of the building, with lighting to go off one Page 2 of 4 NOV 5_2012. hour after closing. The motion was seconded by Member Finn, with the vote recorded as follows: Ayes: Chairman Plew Nays: Member Alexander Member Bilodeau Member Finn Member O'Rourke Motion passed. This becomes Action #23 of 2012. IPUBLIC HEARING #3 1 Christopher Read. Avulicant (dba Meldrim'sl/George Haskell. Renuted Owner - 3975 West Road (NYS Route 2811 - TM #86.13-01-32.000 - Greater Number/Area of Siens Chairman Plew asked Mr. Read why, when he was served with a Notice of Violation twice, did he do nothing until September 10th? Mr. Read explained that it was a bad time of the year and there was a lack of employees. He stated he was within 6 square feet of minimum allowed and over in the height of signs. Member O'Rourke suggested that the applicant should combine the two signs into one sign. Member Tom Bilodeau suggested moving the "Meldrim's" sign to be under the "PAINT" sign. Other suggestions were made to bring the violation into conformance. With everyone having been heard who wished to be heard, Chairman Plew closed the Public Hearing at 7:22 p.m. DISCUSSION/DECISION Chairman Plew commented that it had taken 90± days for applicant to respond to his Notice, so there should be a time limit stipulation included in any motion. PZO Weber commented that this Board had given the applicant some ideas, so ask him to come back with an alternative; the Board is trying to work with the applicant. The Board decided to leave it up to the applicant to come up with a solution for the next meeting. At the conclusion of the discussion, a motion was made by Member David Alexander to TA- BLE the request to allow for a greater number of signs with an area greater than allowed until the October ZBA meeting. The motion was seconded by Member Finn, with the vote recorded as follows: Ayes: Chairman Plew Nays: None Member Bilodeau Member Finn Member O'Rourke Member Alexander Motion passed. This becomes Action #24 of 2012. Page 3 of 4 - W -0V_.-5_-2012- -- APPROVAL -OF MINUTES - 28 AUGUST 2012 A motion was made by Member Finn to approve the Minutes of the 26 June 2012 ZBA meeting, as submitted. The motion was seconded by Member O'Rourke, with the vote recorded as follows: Ayes: Chairman. Plew Nays: None Member Bilodeau Member Finn Member O'Rourke Member Alexander Motion passed. This becomes Action #25 of 2012. RESIGNATION It is noted for the record that Member Joann O'Rourke submitted a copy of her resignation from the Zoning Board of Appeals, effective 31 October 2012. The Board acknowledged receipt, with regret. Joann and her husband have sold their home and will be moving to Onondaga County; she has served this Board for many years and will be truly missed. ADJOURNMENT At 7:27 p.m., on a motion by Member Bilodeau, seconded by Member Finn, with everyone present voting in the affirmative, the meeting was adjourned. Joa in c , lioara Jecre aar Page 4 of 4 E-mailed to KS/KP & TB, DA, JO, JFinn, JFolmer, TW & BW on 10/29/12. ATTENDANCE SHEET COR L DVILLE ZONING BD. OF APPEALS - MEETING_OF �� 5' (Your attendance is recorded in the meeting Minutes.) PRIsNnk E ; Name: Regarding: Complete, Address: C /,S l '�e_' V. kal►. ba'j, ALD i AeOh04e 1 6I S FI'i-Ae!`J Aw. . A)k rA �i1�v� s aGa s west M C. Vm' d z ZONING BD. OF APPEALS Meeting Only NOV 19 2012 TOWN- OF CORTLANDVILLE .ZONING BOARD OF .APPEALS 1 Public Hearings/Meeting P4inutes - Tuesday, 30 October 2012 - 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 Joann O'Rourke John B. Folmer, Town Attorney Thomas Bilodeau David Alexander Applicants & Public Present Mark D. Smith, Applicant; Christopher Read, Applicant; Lorna M. Wall, Applicant; Jeri & George McCracken. The Public Hearings were opened at 7 p.m. by Chairman David Plew, who read aloud the Legal Notice published in the Cortland Standard on 18 October 2012, 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 30, 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 Lorna Mae Wall for property located on Lime Hollow Road, Tax Map No. 95.00-06-06.000, for a variance in the terms and conditions of Article IV, Section 178-17, to allow for a storage shed. - 2. - In the matter of the application of Mark Smith for property located at 1.91 �l Homer Avenue, Tax Map No. 76-19-01-54.000, for a variance in the terms and conditions of Article VIII, Section, 178-36.1, to allow for a single-family dwelling in a Business' 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.) PUBLIC HEARING # 1 Lorna Mae Wall. Applicant/Reuuted Owner = Lime Hollow Road -.TM #95.00-06-06.000 - Storase Building on Vacant Property Chairman Plew recognized the applicant who explained that .she wanted to erect a 24 ft. by 24 ft. storage building on this property which has no other improvements. She stated she needed it to "store stuff in" while waiting for the construction of a new home "next summer." PZO Weber advised the Board that a variance was required as the proposed building was not .4 an accessory us to anything on- the property. When asked if she would have a garage also with Page 1 of 4 Minutes - (T) Cortlandville Zoning Board of Appeals 30 October 2012 the new home, Ms. Wall replied she would, and the proposed building would remain storage. It was noted by the Board that all setback requirements were met. Chair Plew asked the applicant if she would have a hardship if her application for a variance was denied; she responded that she needed a place to store things that are now in her garage. After reviewing the application and all of its attachments, and with everyone heard who wished to be heard, Chairman Plew closed the Public Hearing at 7:04 p.m. DISCUSSION./ DECISION Member John Finn suggested a time limit be set for start of construction for the home. PZO Weber concurred. After a very brief discussion, a motion was made by Member Joanne O'Rourke to grant the variance for a proposed 24 ft. by 24 ft. storage building, contingent upon construction of the proposed home be started by 2014. The motion was seconded by Member John Finn, with the vote being recorded as follows: Ayes: Chairman Plew Nays: None Member Bilodeau Member Finn Member O'Rourke Member Alexander Motion passed. This becomes Action #26 of 2012. PUBLIC HEARING #2 Mark D. Smith, Applicant/Reputed Owner - 191, 193 & 197 Homer Avenue - TM #s 76.19-01-54.000 & 52.000 - Sinale-Family Home in Business District Chairman Plew recognized the applicant and asked him if what he was proposing would make his property look better; Mr. Smith stated it would. The applicant would like to convert the former auto sales office (see photo accompanying application) into a single-family dwelling (two bedrooms). It was noted that the Board was in receipt of the County Planning Department's report dated 12 October 2012. Chairman Plew asked the applicant to explain what his hardship was. Mr. Smith responded that he was being taxed for something he would never be able to rent. After reviewing the application and all of its attachments, and with everyone heard who wished to be heard, Chairman Plew closed the Public Hearing at 7:13 p.m. DISCUSSION / DECISION Member David Alexander agreed that the appellant had demonstrated an unnecessary hardship. He then reviewed with the applicant those questions contained in the "balancing test." The applicant indicated that he could make a reasonable return on his investment if the variance was granted. At the conclusion of the discussion, a motion was made by Member Alexander to grant the variance to allow for a single-family dwelling in a Business District, as requested, based on a proven hardship. The motion was seconded by Member Tom Bilodeau, with the vote recorded as follows: Page 2 of 4 36 OU 19 2012 Minutes - (T) Cortlandville Zoning Board of Appeals Ayes: Chairman Plew Nays: None Member Bilodeau - Member Finn Member O'Rourke Member Alexander Motion passed. This becomes Action #27 of 2012. OLD BUSINESS 30 October 2012 Christooher Read, Applicant (dba Meldrim's)/GeorLye Haskell, Reouted Owner - 3975 West Road (NYS Route 281) - TM #86.13-01-32.000 - Greater Number/Area of Signs At the conclusion of this appeal at the September meeting of the ZBA, the appellant was asked to come back with a solution to his sign problem which had resulted in a Notice of Violation being issued twice. Reference is made to those Minutes for additional details. Chairman Plew recognized the applicant who had submitted a letter dated 10/ 10/ 12 regarding his existing signage which was in violation. Chairman Plew stated he took exception to his first sentence: "After the Cortlandville Town Board (Zoning Board of Appeals) could not make a decision on the `Meldrim's Paint" signage at 3975 West Rd., they recommended that I, Christopher Read, make some new suggestions to satisfy them." Chairman Plew commented to Mr. Read that he should have consulted with the Zoning Officer before the signs were made, as he had to adhere to the regulations. Member O'Rourke once again assured Mr. Read that the ZBA was trying to work with him and provide him with the opportunity to resolve the situation. She also stated she was upset with his attitude toward the zoning officers and the zoning law. Member Tom Bilodeau asked the applicant if he had considered anything different with regard to his signage. Mr. Read stated "no I haven't," and that he would take "it" down and assess the situation if his variance request was denied. Member O'Rourke stated that removal of the P A I N T sign should not affect his business as it's well known and gives good service, etc. Mr. Read that, technically, removal would not create a hardship. Member Alexander then reviewed the other questions involved in the "balancing test." Yes, there were alternatives: smaller letters or removal. The request was not substantial: determined to be less than 5%, so it is not significant. Adverse Effect: No, and yes, the alleged difficulty is self-created. Town Attorney Folmer added that if the appellant had paid attention the first time, he would not be here. With everyone having been heard who wished to be heard, Chairman Plew closed the Public Hearing at 7:28 p.m. Page 3 of 4 3l N OV 19 2012 Minutes - (T) Cortlandville Zoning Board of Appeals 30 October 2012 DISCUSSION / DECISION With no further discussion, a motion was made by Member O'Rourke to deny the variance to allow for a greater number of signs with an area greater than allowed, due to lack of a proven hardship. The motion was seconded by Member. Finn, with the vote recorded as follows: Ayes: Chairman Plew Nays: None Member Bilodeau Member Finn Member O'Rourke Member Alexander Motion passed. This becomes Action #28 of 2012. APPROVAL OF MINUTES — 25 SEPTEMBER 2012 A motion was made by Member Finn to approve the Minutes of the 25 September 2012 ZBA meeting, as submitted. The motion was seconded by Member O'Rourke, with the vote recorded as follows: . Ayes: Chairman Plew Nays: None Member Bilodeau Member Finn Member O'Rourke Member Alexander Motion passed. This becomes Action #29 of 2012. ADJOURNMENT' At 7:32 p.m., on a motion by Member Alexander, seconded by Member Finn, with everyone present voting in the affirmative, the meeting was adjourned. J E. Fitch, Board Secretary Page 4 of 4 E-mailed to KS/KP & TB, DA, JO, JFinn, JFolmer,, TW & BW on 11 / 16/12. 5A 3a -------------- ATTENDANCE SHEET (T� CORTLANDVILLE ZONING_BD._OF APPEALS 4MEETING_OF-fo- -)) -�,' (Your attendance is recorded in the meeting Minutes.) PRINTE13> Name: Regarding: Complete Address: cjw s -H O u1 ktd oeq UMI ZONING BD. OF APPEALS Meeting 0nly 33 DEC 10 2012 TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS Public Hearing/Meeting Minutes - Tuesday, 27 November 2012 - 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 B. Folmer, Town Attorney David Alexander Thomas Aloi Avvlicants & Public Present Joe Reagan & Ann Swisher for Royal Motors, Applicant. The Public Hearing was opened at 6:58 p.m. by Chairman David Plew, who read aloud the Legal Notice published in the Cortland Standard on 15 November 2012, as follows: Notice is hereby given that a Public Hearing before the Zoning Board of Appeals of the Town of Cortlandville will be held Tuesday, November 27, 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 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, Table 1, to allow for a greater number of free-standing signs with a height & area greater than allowed, and to allow for parking spaces with a length less than allowed. The above application is open to inspection at the office of Bruce A. Weber, Planning & Zoning Officer, Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, 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 Roval Chevrolet, Applicant/Joseph C. Reagan. Reputed Owner - 3838 NYS Route 281 - TM #87.17-01-10.211 - Signs/Parkins Space Size Chairman Plew immediately asked the owner what was his hardship if this variance request was denied; Ann Swisher, who advised everyone present that she had prepared the drawings, stated that General Motors is requiring this change in its dealerships' look. Chairman Plew then commented to Mr. Reagan that he was going to ask him questions which he did not need to answer: who pays for the new signs, etc., requested in this variance? Mr. Reagan responded that he did. And, if he said he was not going to do what GM wanted, then GM would limit his supply of incoming cars for the dealership which, in turn, would be a hardship. Member Tom Aloi then stated that he had visited the subject business and talked with Mr. Reagan who explained the proposed changes. He felt that the owner was a good businessman Page 1 of 3 DEC 10 2012 Minutes - (T) Cortlandville Zoning Board of Appeals 27 November 2012 in the community, and it was his opinion that anything the ZBA could do to help him get the variance would be of benefit to the Town. Member David Alexander asked if the requested variance would change the character of the neighborhood, and Mr. Reagan responded that it would modernize the look of the business. In response to Member Alexander's other questions, the owner stated that there will be no actual change in the number of illuminated signs, and the "tower" is seven inches higher than allowed. The tower is not considered a part of the building; it's a free-standing sign. The height of this sign is 22 feet, and it should be eight feet. Mr. Reagan stated he was not changing the windows at all. The Board thoroughly reviewed the variance request with regard to the signage. Member Alexander then asked why smaller parking spaces (length only) were being requested, and Ms. Swisher explained that with the construction of the new tower in front of the building, extra space was needed there which will shorten the length of those parking spaces, as shown on the drawing. If they were kept the same length, the spaces would encroach on the driving aisle. Chairman Plew asked if there were any other comments from the public present; there were none. With everyone being heard who wished to be heard, Chairman Plew closed the Public Hearing at 7:17 p.m. DISCUSSION/ DECISION With no further discussion, a motion was made by Member Aloi to grant the variance for a greater number of free-standing signs with a height and area greater than allowed, and to allow for parking spaces with a length less than allowed, as requested. The motion was seconded by Member John Finn, with the vote being recorded as follows: Ayes: Chairman Plew Nays: None Member Bilodeau Member Finn Member Alexander Member Aloi Motion passed. This becomes Action #30 of 2012. APPROVAL OF MINUTES — 30 OCTOBER 2012 A motion was made by Member Finn to approve the Minutes of the 30 October 2012 ZBA meeting, as submitted. The motion was seconded by Member Alexander, with the vote recorded as follows: Ayes: Chairman Plew Nays: None Member Bilodeau Member Finn Member Alexander Abstain: Member Aloi Motion passed. This becomes Action #31 of 2012. ADJOURNMENT Page 2 of 3 JY DEC 10 2012 35 Minutes - (T) Cbrtlandville Zoning Board of Appeals .27 November 2012:. At 7:20 p.m., on a motion by Member Finn,. seconded by Member Tom Bilodeau, with everyone - present voting in the affirmative, the meeting was adjourned. { E. Fitch, _Board Secretary -E-mailed to'KS/KP:& TB, DA, JO; JFinn, . JFolmer, TW & BW on 12/7/12.. Page 3 of 3 6 ATTENDANCE SHEET l: I:_ RTLAN_D_VILLEJ �ONING�BD O-F__APPEAI;S MEETING OF ��'� � "" C7 35-a- (Your attendance is recorded in the meeting Minutes.) PWN ,E Name: Regarding: Complete Address: fig. t�� Z0�11TI11TG:�BD��O:�F. � APPEALS Me.eing �Only�;r a TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS Public Hearing/Meeting Minutes - Tuesday, 1.8 December 2012 _ 7 PM Town Hall _Court Room - 3577_ Terrace Road -.Cortland, NY Board Members (*absent) Others Present *David Plew, Chairman Bruce Weber, Planning/ Zoning Officer John Finn Joan E. Fitch, Board Secretary Thomas Bilodeau, Acting.Chair John B. Folmer, Town Attorney David Alexander Thomas Aloi Applicants & Public Present Andrew Porter & Attorney Mike Shafer for PROP, Inc.; Applicant. The Public Hearing was opened at 7 p.m. by Acting Chairman Tom Bilodeau; who read aloud the Legal Notice as published in the Cortland Standard on7 December 2012, 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 19.86 Zoning Law: 1. In the matter of the application of PROP, ,Inc. for property located at, 3903- 3911 NYS Route 281, Tax Map Parcel No. 86.17-01-02.111, for a variance in -the terms and conditions of Article VITA, Section 178-36.6a, to allow for an Industrial Use in a Business District. The above application is open to inspection at. the office of Bruce A. Weber, Planning & Zoning Officer, Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, 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 PROP, Inc., Applicant/Reputed Owner - 3903-3911 NYS Route 281 - TM #86.17-01- 02.111 - Industrial Use in Business District Acting Chair Tom Bilodeau recognized Andrew Porter and Attorney Mike Shafer, both. representing the applicant who was seeking a Use Variance to utilize an 18,000 SF portion of this building (former Ames Chevrolet) as a millwork facility. It is proposed to produce framing, railings, and other small home-building materials. Attorney Shafer stated he had a copy of the backflow device and maintenance report from the Town (Peter Alteri) which indicated timely inspections. With the exception of widening an existing overhead door-, all changes to occur are on the interior of the building where there was a automotive shop which will be moved across Luker Road by the applicant in the spring. A related company, Best Deck, located in Preble, NY, has been sold, and this is where the milling facility was housed. There are six employees, currently on layoff, and granting of the requested variance to convert the subject Page I of 3 3 �7 Minutes - (T) Cortlandville Zoning Board of Appeals 18 December 2012.. property into such a facility would save those jobs, according to Attorney Shafer, and provide existing customers a source for their products. Acting Chair Bilodeau and the Board 'reviewed the application and attachments,. along with a .copy of .the 14 -December Cortland. County Planning Department report submitted to the Cortland County Planning Board which recommended approval of the use variance contingent. upon the three items contained therein, one of which referenced the backflow prevention device referred to above by Attorney Shafer. There will be no oil base/ pretreatment chemicals used; this is done at'their main plant. -The. businesses presently occupying the front' of this building will remain. PZO Weber stated that there will be required fire separation. .Member John Finn was concerned about possible noise from the milling operation being heard in the adjoining businesses. Andrew Porter stated it was his understanding that the other tenants in the building had been notified of the proposed renovation: Acting Chair Bilodeau asked if there were any other comments from the public present; there were none. With everyone being heard who wished to be heard, Chairman Plew closed the Public Hearing -at 7:13 p.m. DISCUSSION /DECISION Member David Alexander asked questions related .to the required "balancingtest." The"hardship is the employment situation and, further, according to Attorney Shafer, the building has never been a financially viable building as long as PROP, Inc. (Karl Ochs) has owned it; this provides a perfect opportunity to put it to good productive use and save jobs at the same time. In. addition, the requested variance will not alter the essential. character of the. .neighborhood. Member Finn felt there could be "objectionable" noise, but there's an airport in the immediate area also. The Board concluded . that a hardship had been established. Attorney Shafer noted that, based on financial data submitted this year, the property's assessment was lowered considerable (from over $1+ million to $875,000). Member Alexander summarized the balancing test as follows: • Land cannot yield a reasonable rate'of return; • Plight of the owner is due to unique circumstances; • The presentation of problems that the property has; • . Determination of an unnecessary hardship; and • Variance will not alter essential character of the neighborhood. With no further discussion, a motion was made by Member Alexander that, based on the findings of the Balancing Test, the use variance is granted as requested to allow for an Industrial Use in a Business District. The motion was seconded by Member Finn, with the vote being recorded as follows: Ayes: Acting Chair Bilodeau Nays: None Member Finn Member Alexander Absent: Chairman Plew Member Aloi Motion passed. This becomes Action #32 of 2012. APPROVAL OF MINUTES — 27 NOVEMBER 2012 Page 2 of 3 3� : - Minutes - (T) CortlandviIIe Zoning Board of Appeals:. 18 Decembei:2012.: _ A motion was .made by, Member, Finn to approve the Minutes of the 27 November 2012 ZBA -meeting,-4a submitted. The motion was seconded.by Member Alexander, with the vote recorded as follows: Ayes: Acting Chair 'Bilodeaxi Nays: : None = Member Finn :. Member. Alexander Absent: Chairman Plew Member Aloi Motion. passed... This becomes. Action . #33. of 2012., ADJOURNMENT At 7:25 p.m., on a motion. by Member Finn, seconded by Member Alexander, with everyone present voting iii the affirmative, the meeting was adjourned. J E. Fitch, Board Secretary E-mailed to KS/KP & TB, DA, TA, JFinn, JFolmer, TW & BW on 1/ 11 / 13. " Page 3 of 3 ATTENDANCE SHEET (Your attendance is recorded in the meeting Minutes.) < PRINTPI >, Name: Regarding: Complete Address: Coo--rL,/9�AC Pvr 3M