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Home My WebLink About2019-07-09 ZBA Minutes FinalPage 1 of 4 TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS Public Hearings/Meeting Minutes - Tuesday, 9 July 2019 – 6:30 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; Kolby Avery, Applicant; David Hinchman for Guthrie Medical Center, Applicant; Craig & Laura Turner, Applicants; Mark Sweeney of C2 Energy. The Public Hearing was opened at 6:30 p.m. by Chairman John Finn, who read aloud the Legal Notice as published in the Cortland Standard on 26 June 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 Harriet Higgins, for property located at 4366 Cosmos Hill Road, Tax Map No. 76.13-01-11.000, to request a re-hearing 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. 2. 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. 3. In the matter of the application of Kolby Avery for property located at 3618 Munson Avenue, Tax Map No. 96.09-02-34.000 for a variance in the terms and conditions of Section 178-21 A, to allow for a front 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 Hearings - (T) Cortlandville Zoning Board of Appeals 9 July 2019 Page 2 of 4 PUBLIC HEARING #1 Harriet Higgins, Applicant/Reputed Owner – 4366 Cosmos Hill Road – TM #76.13-01- 11.000 – Re-Hearing of Previous Appeal for Ag Use; Lot Smaller than Allowed; Building Close to Property Line (Reference is made to the Minutes of 4 June 2019 regarding this Appeal.) Chairman Finn recognized Planning/Zoning Officer Bruce Weber who advised everyone that the appellant had withdrawn her request for a re-hearing. No Action Required. PUBLIC HEARING #2 Squeaky Clean Car Wash, Applicant/Washing Technologies, LLC, Reputed Owner – 1087 NYS Route 222 – TM #86.13-01-29.000 – Area Variance – Signage (Reference is made to the Minutes of 4 June regarding this Appeal, at which time the Board postponed the request to allow the appellant time to obtain additional information.) 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 returned before the Board with a revise signage package, reducing the number of signs requested from fourteen to seven. Member Plew asked PZO Weber what was the height of the Nissan signs in the area, and PZO Weber responded 25-30 feet for which a variance was obtained. Member Plew disagreed with the aforesaid height. Mr. Sloan explained the changes shown on the drawings submitted, and added that the proposed free-standing sign was actually shorter in height than the previous KFC sign was that occupied the subject parcel. The revised drawings indicated an animated sign, as shown. PZO Weber advised that animated signs are not permitted. He was not aware that this was ever indicated to him; Mr. Sloan stated that this was what they would like. Board members discussed the proposed animated sign and the timing for the message change. PZO Weber stated that this was something the ZBA could act upon at this meeting. 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 6:46 p.m. DISCUSSION/DECISION At the request of Chairman 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 & Members Bilodeau and Aloi – Yes; Member Plew – No. Minutes – Public Hearings - (T) Cortlandville Zoning Board of Appeals 9 July 2019 Page 3 of 4 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: Chairman Finn & Members Bilodeau & Aloi – No; Member Plew - Abstain. 5. Has the alleged difficulty been self-created? Finding: Chairman Finn, Members Bilodeau & Aloi – No; Member Plew – Yes. At the conclusion of the test and their discussion, a motion was made by Member Bilodeau to grant the area variance, as requested, 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 w/illumination, and a use variance is granted, as requested, for an animated sign with a 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 Aloi Absent: Member Potter-Masler Motion passed. This becomes Action #18 of 2019. PUBLIC HEARING #3 Kolby W. Avery, Applicant/Reputed Owner – 3618 Munson Avenue – TM #96.09-02-34.000 – Area Variance for Front Yard Less Than Allowed Chairman Finn recognized the applicant who was seeking an area variance to place his manufactured home closer to the property line than allowed, as shown on the sketch accompanying the application, and as explained in his narrative, also attached thereto. Chairman Finn remarked that the subject parcel has shown marked improvement since the applicant has purchased it, readying it for his new home. Mr. Avery explained that he would like to place the home closer to the road than allowed (which would still be farther away than the previous house that was on this site) as there is an existing concrete pad which could be used as a patio, and the utility hookups would be less expensive. The home’s doors, he noted, would not be facing the road. 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 7:14 p.m. DISCUSSION/DECISION It was noted that the Balancing Test had been completed at the previous hearing in September 2018. Minutes – Public Hearings - (T) Cortlandville Zoning Board of Appeals 9 July 2019 Page 4 of 4 At the conclusion of a very brief discussion, a motion was made by Member Plew to grant the variance to allow for a front 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 #19 of 2019. APPROVAL OF MINUTES – 4 JUNE 2019 A motion was made by Member Bilodeau to approve the Minutes of this Board’s 4 June 2019 meeting, as submitted. 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 #20 of 2019. MEETING DATE CHANGE PZO Weber advised those present that the next ZBA meeting, if needed, would be 30 July 2019. ADJOURNMENT At 7:17 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, PR, Bd. Members, JD, BW, DD, DC, KM on 7/25/19. Approved 7/30/19.