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Home My WebLink About2019-01-29 ZBA Minutes FinalPage 1 of 3 TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS Public Hearing/Meeting Minutes - Tuesday, 29 January 2019 – 7 PM Town Hall Court Room – 3577 Terrace Road – Cortland, NY Board Members (*absent) Others Present John Finn, Chairman Bruce Weber, Planning/Zoning Officer David Plew Joan E. Fitch, Board Secretary Thomas Bilodeau John B. Folmer, Town Attorney Joanne Aloi Bernice Potter-Masler Applicants & Public Present Attorney Ron Walsh, rep for Super Cuts, Applicant. The Public Hearing was opened at 7 p.m. by Chairman John Finn, who read aloud the Legal Notice as published in the Cortland Standard on 16 January 2019, as follows: NOTICE IS HEREBY GIVEN that a public hearing before the Zoning Board of Appeals of the Town of Cortlandville will be held Tuesday, January 29, 2019 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 Super Cuts, for property located at 854 NYS Route 13, Tax Map No. 95.20-02-06.000, for a variance in the terms and conditions of Article XVIII, Section 178-11B & 112B, Table 2, to allow for a greater number of free-standing signs, closer to property line than allowed, and with a height greater than allowed. The above application is 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. John Finn, Chairman Zoning Board of Appeals (Note: Proof of Publication has been placed on file for the record.) PUBLIC HEARING Super Cuts, Applicant/Robert Owen dba Cortlandville Crossings, LLP, Reputed Owner – 8s54 NYS Route 13 – TM #95.20-02-06.000 – Area Variance – Signage Chairman John Finn recognized Attorney Ron Walsh, representing the applicant who was seeking an area variance for signage as shown on the materials accompanying the application. Attorney Walsh reviewed the proposed signage with the Board, including photos of the banner signs which were stuck in the ground along the road. He stated that he understood that these banners may need to be moved farther back from the road. Member Plew noted that these banner/flag signs have been up for two or three weeks. As there was no one present from the public to comment on this variance request, Chairman Finn closed the Public Hearing at 7:05 p.m. PZO Bruce Weber explained that the applicant was allowed one free-standing sign, and that the location of the proposed banner signs was too close to the property line and needed to be moved back to the telephone poles. He also explained the other reasons for the requested variances. Member Plew commented that he thought this request should be considered because of “a lack Minutes – Public Hearing - (T) Cortlandville Zoning Board of Appeals 29 January 2019 Page 2 of 3 of visibility.” Member Aloi asked if the Board granted the requested variance would it open up the Board for controversy. PZO Weber responded that anyone can apply for a variance. At the conclusion of a brief discussion, a motion was made by Member Bilodeau to deny the area variance for a greater number of free-standing signs, closer to the property line than allowed, and with a height greater than allowed. The motion was seconded by Member Aloi, with the vote recorded as follows: Ayes: Chairman Finn Nays: Member Plew Member Bilodeau Member Aloi Member Potter-Masler Motion passed. This becomes Action #1 of 2019. OTHER BUSINESS Squeaky Clean Car Wash, Applicant/Washing Technologies, LLC, Reputed Owner – 1087 NYS Route 222 – TM #86.13-01-29.000 – Lead Agency Designation Under SEQRA PZO Weber advised the Board members that this application has been sent to County Planning and request needed to be made that the Town Board act as Lead Agency under SEQRA. With no further discussion, a motion was made by Member Potter-Masler that the Town of Cortlandville ZBA requests that the Town Board act as Lead Agency under SEQRA for a proposed car wash tunnel. The motion was seconded by Member Aloi, with the vote recorded as follows: Ayes: Chairman Finn Nays: None Member Plew Member Bilodeau Member Aloi Member Potter-Masler Motion passed. This becomes Action #2 of 2019. APPROVAL OF MINUTES – 30 OCTOBER 2018 A motion was made by Member Bilodeau to approve the Minutes of this Board’s 30 October 2018 meeting, as submitted. The motion was seconded by Member Potter-Masler, with the vote recorded as follows: Ayes: Chairman Finn Nays: None Member Plew Member Bilodeau Member Aloi Member Potter-Masler Motion passed. This becomes Action #3 of 2019. Minutes – Public Hearing - (T) Cortlandville Zoning Board of Appeals 29 January 2019 Page 3 of 3 ADJOURNMENT At 7:16 p.m., on a motion by Member Aloi, seconded by Member Bilodeau, with everyone present voting in the affirmative, the meeting was adjourned. __ _________________ Joan E. Fitch, Board Secretary Emailed to KRP, Bd. Members, JBF, BW, DD, DC, KM on 2/17/19. (R)