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HomeMy WebLinkAbout2019-06-04 ZBA Minutes FinalPage 1 of 6 TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS Public Hearing/Meeting Minutes - Tuesday, 4 June 2019 – 5:30 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 DelVecchio, Town Attorney Joanne Aloi *Bernice Potter-Masler Applicants & Public Present Gary Sloan for Squeaky Clean Car Wash, Applicant; Harriet Higgins, Applicant; David Hinchman for Guthrie Medical Center, Applicant; Craig & Laura Turner, Applicants; Glenn Anderson for Empire Construction, Applicant; Rick Neiderman. The Public Hearing was opened at 5:30 p.m. by Chairman John Finn, who read aloud the Legal Notice as published in the Cortland Standard on 23 Nay 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, June 4, 2019 at 5:30 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 Squeaky Clean Car Wash, for property located at 1087 Route 222, Tax Map No. 86.13-01-29.000, for a variance in the terms and conditions of Section 178-111B & 112B, Table 1, to allow for a free- standing sign closer to property line, and with a height greater than allowed, a greater number of building-mounted signs with illumination. 2. In the matter of the application of Harriet Higgins, for property located at 4366 Cosmos Hill Road, Tax Map No. 76.13-01-11.000, for a variance in the terms and conditions of Section 178-18B (1), to allow for an Agricultural use on a lot with an area less than allowed, and with a building closer to property line than allowed. 3. In the matter of the application of Guthrie Medical Center, for property located at 4077 Wet Road, Tax Map No. 86.09-04-07.000, for a variance in the terms and conditions of Section 178-112B, Table 1, to allow for a building-mounted sign to be illuminated. 4. In the matter of the application of Craig & Laura Turner, for property located at 3802 Clinton Street Ext., McGraw, NY, Tax Map No. 88.00-01-68.110, for a variance in the terms and conditions of Section 178-11 & 12 A, to allow for a Dog Kennel, and a building closer to property line than allowed. 5. In the matter of the application of Phi Nguyen, for property located at 804 South Lamont, Tax Map No. 95.16-02-28.000, for a variance in the terms and conditions of Section 178-21 A (1), to allow for rear yard less than allowed 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. John Finn, Chairman Zoning Board of Appeals (Note: Proof of Publication has been placed on file for the record.) Minutes – Public Hearing - (T) Cortlandville Zoning Board of Appeals 4 June 2019 Page 2 of 6 PUBLIC HEARING #1 Squeaky Clean Car Wash, Applicant/Washing Technologies, LLC, Reputed Owner – 1087 NYS Route 222 – TM #86.13-01-29.000 – Area Variance – Signage Chairman Finn recognized Gary Sloan, representing the applicant who was seeking area variances to allow for a free-standing sign closer to the property line and with a height greater than allowed, and a greater number of building-mounted signs than allowed. Mr. Sloan reviewed the signage package with the Board. The signage is for the new site of a proposed car wash tunnel, formerly KFC. The KFC sign has been removed by the NYSDOT when the road was recently widened. The proposed sign will be smaller, the same size as is currently on the car wash site on NYS Route 281, which is a separate parcel. Mr. Sloan explained that the exit from the subject property will be on Route 222, and the Board reviewed the locations, maps, etc. The applicant was also requesting illumination of a building- mounted sign. At the conclusion of the hearing, 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 5:47 p.m. DISCUSSION/DECISION Member David Plew commented that there were too many signs. PZO Bruce Weber explained what signage was permitted. Member Plew thought the applicant should come back with “reduced signage.” Mr. Sloan stated there should be some “thought put into this” and he would rather come back before the Board. As a result, a motion was made by Member Tom Bilodeau to postpone the area variance request to allow for a free-standing sign closer to the property line and with a height greater than allowed, and a greater number of building-mounted signs with illumination until the next meeting of the Zoning Board of Appeals in order to obtain additional information from the applicant. The motion was seconded by Member Joanne Aloi, with the vote recorded as follows: Ayes: Chairman Finn Nays: Member Plew Member Bilodeau Member Aloi Absent: Member Potter-Masler Motion passed. This becomes Action #12 of 2019. PUBLIC HEARING #2 Harriet Higgins, Applicant/Reputed Owner – 4366 Cosmos Hill Road – TM #76.13-01- 11.000 – Ag Use; Lot Smaller than Allowed; Building Close to Property Line Chairman Finn recognized the applicant who explained to those present that she was seeking variances to house 6-7 chickens on her property, strictly for personal use. There would be no rooster(s). Photos of the site were provided to the Board. Any eggs produced would be for personal use or given away. Minutes – Public Hearing - (T) Cortlandville Zoning Board of Appeals 4 June 2019 Page 3 of 6 At the conclusion of the hearing, 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 p.m. DISCUSSION/DECISION Chairman Finn commented that he had talked with someone who stated there were neighbors in opposition to granting of any variances; although opposed, the opponents did not wish to appear at this hearing. Member Plew stated he had received one call from someone who was in favor of granting the variances. At the request of Chair Finn, Member Joanne Aloi proceeded with the required questions (balancing test) for an area variance; the responses given by the ZBA members, were as follows: 1. Would there be an undesirable change in neighborhood character or to nearby property? Finding: Chairman Finn & Member Aloi – Yes; Members Plew & Bilodeau – No. 2. Can the benefit be achieved by other means feasible to the applicant? Finding: No. All Board members present agreed. 3. Is the requested variance substantial? Finding: Chairman Finn, Members Bilodeau & Aloi – Yes; Member Plew – No. 4. Would the variance have an adverse impact on the physical or environmental conditions in the neighborhood? Finding: Chairman Finn & Member Aloi – Yes; Members Plew & Bilodeau – No. 5. Has the alleged difficulty been self-created? Finding: Chairman Finn, Members Bilodeau & Aloi – Yes; Member Plew – Abstain. At the conclusion of the test, a motion was made by Member Plew to grant the variance for an Agricultural use on a lot with an area less than allowed, and with a building closer to the property line than allowed, as requested. The motion was seconded by Member Bilodeau, with the vote recorded as follows: Ayes: Member Plew Nays: Chairman Finn Member Bilodeau Member Aloi Motion denied. This becomes Action #13 of 2019. Member Plew asked about a tie vote, and PZO Weber explained that a tie vote meant that the variance(s) were denied. PUBLIC HEARING #3 Guthrie Cortland Medical Center, Applicant/Dr. Charlotte Hawkins, Reputed Owner – 4077 West Road (NYS Route 281) – TM #86.09-04-07.000 – Illumination of Building-Mounted Sign Chairman Finn recognized David Hinchman, representing the applicant who was seeking a variance to illuminate a building-mounted sign for this facility. He explained that the original Minutes – Public Hearing - (T) Cortlandville Zoning Board of Appeals 4 June 2019 Page 4 of 6 permanent sign was removed as a result of the widening of NYS Route 281; they would now like to have their permanent sign mounted on the building itself, and would like it to be “back lit.” Board members reviewed what was proposed, and ascertained that the facility was open weekdays from 8 a.m. to 5 p.m. At the conclusion of the hearing, 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 6:15 p.m. DISCUSSION/DECISION At the conclusion a very brief discussion, a motion was made by Member Bilodeau to grant the variance to allow for a building-mounted sign to be illuminated, with the illumination to be turned off one hour after closing. The motion was seconded by Member Aloi, with the vote recorded as follows: Ayes: Chairman Finn Nays: None Member Plew Member Bilodeau Absent: Member Potter-Masler Member Aloi Motion passed. This becomes Action #14 of 2019. PUBLIC HEARING #4 Craig R. & Laura L. Turner, Applicants/Reputed Owners – 3802 Clinton Street Extension (McGraw) – TM #88.00-01-68.110 – Dog Kennel; Building Too Close to Property Line Chairman Finn recognized the applicants who explained to the Board that they were seeking variances to construct and operate a commercial boarding kennel for dogs and cats on their property, co-located with their home. Member Plew commented that their application was very well prepared. The applicants also presented letters from each of their neighbors who had no objection to what was being proposed, copies of which have been placed on file for the record. The Turners stated they will not have to pay any staff as the facility would be right on their property, 400± feet from their home, and will be monitored through the internet. The proposed construction of the building has addressed noise from barking dogs. At the conclusion of the hearing, 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 6:23 p.m. DISCUSSION/DECISION As requested by 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: Yes. All Board members present agreed. Minutes – Public Hearing - (T) Cortlandville Zoning Board of Appeals 4 June 2019 Page 5 of 6 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: Yes. All Board members present agreed. 4. Has the applicant demonstrated that the alleged hardship has not been self- created? Finding: The Board thoroughly reviewed this question with the assistance of Town Attorney John DelVecchio. There are not enough facilities of this type in the area; the neighbors had no objection; there were no comments from the public; area not conducive to farming. Result: All Board members present voted yes. At the conclusion of the test, a motion was made by Member Plew to grant the variances for a dog kennel closer to the property line than allowed, as requested. The motion was seconded by Member Aloi, with the vote recorded as follows: Ayes: Chairman Finn Nays: None Member Plew Member Bilodeau Member Aloi Absent: Member Potter-Masler Motion passed. This becomes Action #15 of 2019. PUBLIC HEARING #5 Empire Construction, Applicant/Phi Nguyen, Reputed Owner – 804 South Lamont Circle – TM #95.16-02-28.000 – Rear Yard Less than Allowed Chairman Finn recognized Glenn Anderson of Empire Construction, representing the reputed owner who was seeking a variance to build an addition on the back of their home to add a new kitchen and dining room, as indicated on the materials accompanying the application. The requested location of the addition is closer to the rear property line than allowed (should be 40 feet, and it’s only 29 feet). At the conclusion of the hearing, 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 6:40 p.m. DISCUSSION/DECISION At the request of Chair Finn, Member Joanne Aloi proceeded with the required questions (balancing test) for an area variance; the responses given by the ZBA members, were as follows: 1. Would there be an undesirable change in neighborhood character or to nearby property? Finding: No. All Board members present agreed. Minutes – Public Hearing - (T) Cortlandville Zoning Board of Appeals 4 June 2019 Page 6 of 6 2. Can the benefit be achieved by other means feasible to the applicant? Finding: No. All Board members present agreed. 3. Is the requested variance substantial? Finding: No. All Board members present agreed. 4. Would the variance have an adverse impact on the physical or environmental conditions in the neighborhood? Finding: No. All Board members present agreed. 5. Has the alleged difficulty been self-created? Finding: No. All Board members present agreed. At the conclusion a very brief discussion, a motion was made by Member Plew to grant the variance for a rear yard less than allowed, as requested. The motion was seconded by Member Bilodeau, with the vote recorded as follows: Ayes: Chairman Finn Nays: None Member Plew Member Bilodeau Absent: Member Potter-Masler Member Aloi Motion passed. This becomes Action #16 of 2019. APPROVAL OF MINUTES – 30 APRIL 2019 A motion was made by Member Bilodeau to approve the Minutes of this Board’s 30 April 2019 meeting, as submitted. The motion was seconded by Member Aloi, with the vote recorded as follows: Ayes: Chairman Finn Nays: None Member Bilodeau Member Aloi Abstain: Member Plew Member Potter-Masler Motion passed. This becomes Action #17 of 2019. MEETING DATE CHANGE Due to the June meeting falling on Primary Day, the Board will meet on July 9th, if needed. ADJOURNMENT At 6:50 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 Draft emailed to KRP, Bd. Members, JD, BW, DD, DC, KM on 6/17/19. Rev. 6/24/19. Approved 7/9/19.