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HomeMy WebLinkAbout2019-02-19 ZBA Minutes FinalPage 1 of 3 TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS Public Hearing/Meeting Minutes - Tuesday, 19 February 2019 – 6 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 Paul Simonet for Park Outdoor Advertising, Applicant; Chris Tier, Tom Crompton. 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 6 February 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, February 19, 2019 at 6 p.m. at the Raymond G. Thorpe Municipal Building, 3577 Terrace Road, in the Town of Cortlandville, New York, to consider the following application pursuant to the 1986 Zoning Law: 1. In the matter of the application of Park Outdoor Advertising, for property located on NYS Route 281 north of the NYADOT Building, Tax Map No. 96.05-01-38.000, for a variance in the terms and conditions of Section 178-111B, 111K & 112B 4a, to allow for an animated sign with a height and area greater than allowed, and closer to property line 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 Park Outdoor Advertising, Applicant/Cortland County IDA, Reputed Owner –NYS Route 281 – TM #96.05-01-38.000 – Area/Use Variance – Signage Chairman John Finn recognized Paul Simonet, representing the applicant who was seeking variances for a new animated sign to replace the existing billboard sign which has been there for 40± years. He commented that the NYSDOT had recently widened Route 281, making it closer to the sign which has now resulted in salt damage to the electric box, etc. Due to its age, it is not practical to move the sign itself; they want to replace it with a monopole type sign, as shown in the information accompanying the application. There would be landscaping at the bottom, he stated, making it more attractive. Member David Plew asked Mr. Simonet for the definition of the word “animated,” and Mr. Simonet responded by providing the NYSDOT definition. Member Plew then stated he had received four telephone calls this day, all in opposition to the animated sign. He felt they were a safety hazard and distracting for drivers. Minutes – Public Hearing - (T) Cortlandville Zoning Board of Appeals 19 February 2019 Page 2 of 3 The message time for the sign was discussed; should a time limit be imposed? Mr. Simonet commented that the applicant would like the messages to change every eight seconds; he also added that they have never had any incident involving animated signs, but would be open to changing the message time. PZO Bruce Weber provided the Town’s definition of animated. At the conclusion of Mr. Simonet’s presentation, Chairman Finn asked if there was anyone present who wished to comment on the matter; there was no one. With everyone being heard who wished to be heard, Chairman Finn closed the Public Hearing at 6:17 p.m. DISCUSSION/DECISION Chairman Finn acknowledged receipt of the Cortland County Planning Board’s Resolution No. 19-02, dated 13 February 2019 (a copy of which has been placed on file for the record) which recommended granting of the variances with conditions, which he read aloud. Member Tom Bilodeau commented about the hardship created by the State’s widening of the road which has resulted in deterioration of the existing sign; the sign will just sit there and rust. Message time, he thought, should adhere to NYSDOT recommendations. Member Plew had no problem with sign height or location, but was opposed to an animated sign which he did not feel was necessary. Member Joanne Aloi brought up message time. PZO Weber cautioned the Board about setting a precedent. After a brief discussion, PZO Weber 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: Aye – Members Aloi, Finn, Bilodeau. Nay – Members Plew and Potter-Masler. 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: Aye – Members Aloi, Finn, Bilodeau & Potter-Masler. Nay – Member Plew. 3. Has the applicant demonstrated that the requested use variance, if granted, will not alter the essential character of the neighborhood? Finding: Aye – Members Aloi, Finn, Bilodeau. Nay – Members Plew and Potter-Masler. 4. Has the applicant demonstrated that the alleged hardship has not been self- created? Finding: Aye – Members Aloi, Finn, Bilodeau & Potter-Masler. Nay – Member Plew. . Board Members discussed the timing for changing of the message. Minutes – Public Hearing - (T) Cortlandville Zoning Board of Appeals 19 February 2019 Page 3 of 3 After a brief discussion, a motion was made by Member Bilodeau to grant the variances, as requested. The motion was seconded by Member Aloi, with the vote recorded as follows: Ayes: Member Aloi Nays: Chairman Finn Member Bilodeau Member Plew Member Potter-Masler Motion denied. This becomes Action #4 of 2019. With no further discussion, a motion was made by Member Bilodeau to grant the variances for the sign, as requested, with the message change time to be ten (10) seconds. The motion was seconded by Member Aloi, with the vote recorded as follows: Ayes: Chairman Finn Nays: Member Plew Member Bilodeau Member Potter-Masler Member Aloi Motion passed. This becomes Action #5 of 2019. APPROVAL OF MINUTES – 29 JANUARY 2019 A motion was made by Member Potter-Masler to approve the Minutes of this Board’s 29 January 2019 meeting, as submitted. The motion was seconded by Member Bilodeau, 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 #6 of 2019. ADJOURNMENT At 7 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 3/12/19.