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HomeMy WebLinkAbout2020-11-24 ZBA Minutes FinalPage 1 of 4 TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS Public Hearings/Meeting Minutes - Tuesday, 24 November 2020 – 6 PM Water & Sewer Garage – Terrace Road – Cortland, NY Board Members (*absent) Others Present John Finn, Chairman Bruce Weber, Planning/Zoning Officer Thomas Bilodeau Joan E. Fitch, Board Secretary Joanne Aloi John DelVecchio, Town Attorney Bernice Potter-Masler Carlos Karam Applicants & Public Present (per Nick Alteri, C’ville Reception) Matt Lester for WellNow Urgent Care, Applicant; Attorney Corey Auerbach & Engineer Drazen Gasic for Source Renewables, Applicant; Anthony Gizzie, Jim Nicols, Paula & Peter Cowling, Andrea Rankin. The Public Hearing was opened at 6 p.m. by Chairman John Finn, who read aloud the Legal Notice as published in the Cortland Standard on 12 November 2020, 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 24, 2020 at 6 p.m. at the Cortlandville Water & Sewer Garage across the parking lot from 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 Route 222 Cortlandville, LLC (WellNow Urgent Care), for property located at 1096 Route 222, Tax Map No. 86.13-01- 58.100, for an Area Variance in the terms and conditions of Section 178- 111B & 112 to allow for a free-standing sign with an area greater than allowed & closer to property line than allowed, and to allow for four building- mounted signs with an area greater than allowed. 2. In the matter of the application of Source Renewables for property located on Locust Avenue, Tax Map No. 76.20-01-08.000, for a Use Variance in the terms and conditions of Section 178 -123.3D 3a, to allow for a ground- mounted large scale solar energy system in an R1 District and for an access road for commercial use. The above applications are on our website at www.cortlandville.org or at the office of Bruce A. Weber, Planning & Zoning Officer, Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, call (607) 756-7052 or (607) 423-7490. Persons wishing to appear at such hearing may do so in person, by Attorney, or other representative. Communications in writing in relation thereto may be filed with the Board or at such hearing. Attendance at the meeting will require you to wear a mask, practice social distancing, and consent to your temperature being taken. We request that only one member of the household attend due to space limitations. John Finn, Chairman Zoning Board of Appeals (Note: Proof of Publication has been placed on file for the record.) Minutes – Public Hearings - (T) Cortlandville Zoning Board of Appeals 24 November 2020 Page 2 of 4 PUBLIC HEARING #1 Route 222 Cortlandville, LLC, Applicant/Rossler-Herwood Properties, LLC, Reputed Owner – South Side of NYS Route 222 – TM #86.13-01-58.100 – Signage for WellNow Urgent Care Chairman John Finn recognized Matt Lester, representing the developer who was seeking an area variance for a monument sign closer to the property line and with a greater area than allowed, and three building-mounted signs with an area greater than allowed, all as shown on the renderings accompanying the application. Mr. Lester explained that they were a health care facility who, oftentimes, has ambulances coming to the site, as well as individual patients, necessitating visible site directions. He stated the developer was purchasing the subject parcel from Valu Home Center and, in turn, would be leasing it to WellNow Urgent Care. Chairman Finn commented that, in that area, there were other businesses who had signs along Route 222 in the grass section. Mr. Lester stated the proposed monument sign location as indicated on the drawings was not an ideal location, being farther back from Route 222, but on the facility’s property; however, they would be willing to change it. PZO Weber advised that if the building-mounted sign was not on their parcel, but closer to the road, a separate application would have to be made. Member Carlos Karam asked PZO Bruce Weber what was allowed for square footage of the signs and PZO Weber answered him, saying the applicant was at least three times over that amount. In response to Member Karam’s question regarding the number of proposed building-mounted signs, Mr. Lester said they want every single side of the building identified, especially since access to the building would be from all directions. The signs would be illuminated during operating hours (8 a.m. to 8 p.m., 365 days per year) and for one or two hours after closing. Chairman Finn asked if there was anyone present who wished to speak on this matter; there was no one. With everyone being heard who wished to be heard, Chairman Finn closed the Public Hearing at 6:27 p.m. DISCUSSION/DECISION Chairman Finn, in reviewing the applicant’s renderings, had PZO Weber reiterate the requirements for signage. Mr. Lester indicated that the building site would be elevated about four feet because of a low spot which was in a flood plain area. Also, if there was the opportunity to have a pylon sign in the grassy area along Route 222, that would be significant for the facility. He would like the opportunity to go back to the developer who may want to decrease the building signs and have this pylon sign. With no further discussion, a motion was made by Member Joanne Aloi to postpone any action on this Area Variance application for the proposed signage until the next meeting of this Board. The motion was seconded by Member Karam, with the vote recorded as follows: Ayes: Chairman Finn Nays: None Member Bilodeau Member Aloi Member Potter-Masler Member Karam Motion carried. This becomes Action #28 of 2020. Minutes – Public Hearings - (T) Cortlandville Zoning Board of Appeals 24 November 2020 Page 3 of 4 PUBLIC HEARING #2 Source Renewables, Inc., Applicant/Gunzenhauser Real Estate, Reputed Owner – West Side of Locust Avenue – TM #76.20-01-08.000 – Use Variance – Solar System in R1 District Chairman Finn recognized Corey Auerbach of Barclay Damon (law firm) who explained that the applicant was seeking a Use Variance to allow a ground-mounted large-scale solar energy system in an R1 District, and for an access road for commercial use. The City of Cortland has approved a second solar facility on abutting land (44.7± A.) immediately to the south, indicated as Parcel A on their map(s). The subject parcel in the Town (Parcel B) contains 24.4± acres of which the project will involve 21.6± acres. Principle access for the site will be off Locust Avenue in the northeast corner of the project at the bottom of the hill. Mr. Auerbach then reviewed the letter dated 14 April 2020 from the Site Engineer Daniel Walker of LaBella Associates, a copy of which has been placed on file for the record. The letter was an Engineering Report regarding what the cost would be for the permitted use of a single-family residential development. He then reviewed the responses to each of the items in the four questions contained in the Balancing Test for a Use Variance, a copy of which has also been placed on file for the record. Mr. Auerbach reported that the Cortland County IDA served as Lead Agency under SEQRA for this project and the determination of significance has already been made thereunder; it was determined that there will be no significant environmental impacts from this project. Member Karam asked some technical questions regarding the solar system which were answered by Engineer Drazen Gasic of LaBella. There would be 7.98 acres of panel coverage, he said, with 16,856 panels. Chairman Finn asked if there was anyone present who wished to speak on this matter; there was no one. With everyone being heard who wished to be heard, Chairman Finn closed the Public Hearing at 6:53 p.m. DISCUSSION/DECISION At the request of Chairman Finn, Member Joanne Aloi proceeded with the required questions (balancing test) for a Use Variance; the responses given by the ZBA members, were as follows: 1. Has the Applicant demonstrated that the Applicant cannot realize a reasonable return, and that the lack of return is substantial and has been demonstrated by competent financial evidence? Finding: No. All Board members present agreed. Attorney Auerbach reminded the Board of the 14 April 2020 letter from Site Engineer Daniel Walker with regard to the cost to develop the site as a single- family residential development which demonstrated a lack of reasonable return. PZO Weber advised that analysis was completed for only residential use and it should also be done for every use allowed by zoning on the property including those allowed by Special Use Permit. 2. Has the Applicant demonstrated that the alleged hardship relating to the property in question is unique and does not apply to a substantial portion of the district or neighborhood? Finding: Yes. All Board members present agreed. 3. Has the Applicant demonstrated that the requested use variance, if granted, will not alter the essential character of the neighborhood? Finding: No. All Board members present agreed. Board members agreed with the position set forth in a 1 June 2020 email to PZO Weber from Amy Hnatko whose property borders the subject on the south; this email has been placed on file for the record. Minutes – Public Hearings - (T) Cortlandville Zoning Board of Appeals 24 November 2020 Page 4 of 4 Attorney Auerbach responded that they would like the opportunity to demonstrate how there would not be the visual impact expected. Town Attorney DelVecchio advised that the attorney was asking for some latitude in response to the Board’s position, and he felt this was not an unreasonable request. Member Bilodeau commented he would like to hear this response; the other Board members agreed. 4. Has the Applicant demonstrated that the alleged hardship has not been self- created? Finding: No – Member Aloi; Yes - Chair Finn, Members Bilodeau Potter- Masler, and Karam. The owner has to be considered here. Attorney Auerbach requested that the Board not take any action on this application at this meeting and allow additional information to be provided to clarify some of the issues. Member Bernice Potter-Masler asked what the process would be to rezone the property, and Attorney DelVecchio responded. With no further discussion, a motion was made by Member Bilodeau to postpone any action on this application for a Use Variance until the next meeting of the Town of Cortlandville ZBA. The motion was seconded by Member Aloi, with the vote recorded as follows: Ayes: Chairman Finn Nays: Member Potter-Masler Member Bilodeau Member Aloi Member Karam Motion carried. This becomes Action #29 of 2020. APPROVAL OF MINUTES A motion was made by Member Karam to approve the ZBA Minutes of 27 October 2020, as submitted. The motion was seconded by Member Bilodeau, with the vote recorded as follows: Ayes: Chairman Finn Nays: None Member Bilodeau Member Potter-Masler Member Aloi Member Karam Motion carried. This becomes Action #30 of 2020. ADJOURNMENT At 7:20 p.m., on a motion by Member Aloi, seconded by Member Karam, with everyone present voting in the affirmative, the meeting was adjourned. __ _________________ Joan E. Fitch, Board Secretary Draft emailed to KRP, AR, Bd. Members, JD, BW, DD, DC, KM on 1/22/20. Approved 1/25/21.