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HomeMy WebLinkAbout2019-07-30 ZBA Minutes FinalPage 1 of 5 TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS Public Hearings/Meeting Minutes - Tuesday, 30 July 2019 – 6:45 PM Town Hall Court Room – 3577 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 Vacancy Applicants & Public Present Mollie Riley for Cortland Hearing Aids, Applicant; Ray Nason and Eric Brown for Cortland Biomedical, Applicant; Sarah Dean. The Public Hearing was opened at 6:45 p.m. by Chairman John Finn, who read aloud the Legal Notice as published in the Cortland Standard on 17 July 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, July 30, 2019 at 6:45 p.m. at 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 Cortland Biomedical for property located at 850 Lime Hollow Road, Tax Map No. 95.00-10-02.000, for a variance in the terms and conditions of Section 178-112, Table 1, to allow for a building-mounted sign to be illuminated. 2. In the matter of Cortland Biomedical for property located at 850 Lime Hollow Road, Tax Map No. 95.00-10-03.000, for a variance in the terms and conditions of Section 178-111 B, to allow for a sign closer to property lines than allowed. 3. In the matter of the application of Cortland Hearing Aids for property located at 1033 Tompkins Street, Tax Map No. 96.09-02-32.000, for a variance in the terms and conditions of Section 178-112, Table 1, to allow for a building- mounted sign to be illuminated. 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 30 July 2019 Page 2 of 5 PUBLIC HEARING #1 Cortland Biomedical, Applicant/David Yaman, Reputed Owner – 850 Lime Hollow Road – TM #95.00-10-02.000 – Use Variance – Illumination of Building-Mounted Sign Chairman Finn recognized Ray Nason, from the sign company representing Cortland Biomedical, who explained to those present that he was seeking a Use Variance to illuminate a proposed building-mounted sign for this new facility. He explained that Cortland Biomedical has clients and delivery trucks coming here from out-of-state and, during the winter season, it is dark early and it would help to have their signage illuminated. There will be two signs, as shown on the drawing accompanying the application. With no further questions from the Board, Chairman Finn asked if there was anyone present from the public 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 6:50 p.m. DISCUSSION/DECISION Planning/Zoning Officer Bruce Weber explained that there were two separate tax map parcels, one where the actual building will be and the other is the roadway that goes through; the free- standing sign is in the roadway, which is why there are two separate applications. The required setback is 15 feet. In response to the Board’s question, Eric Brown stated there would be no late night deliveries. 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? Town Attorney John DelVecchio asked Mr. Brown to elaborate on the company’s financial hardship if the variance requested was not granted. Mr. Brown did so, explaining the Ten-Year Lease Agreement with the owner. Finding: Yes. All Board members present agreed. 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: Yes. All Board members present agreed. Minutes – Public Hearings - (T) Cortlandville Zoning Board of Appeals 30 July 2019 Page 3 of 5 At the conclusion of the test, a motion was made by Member Tom Bilodeau to grant the Use Variance for illumination of the building-mounted signage, as requested, with illumination to be turned off by 10 p.m. The motion was seconded by Member Bernice Potter-Masler, with the vote recorded as follows: Ayes: Chairman Finn Nays: None Member Bilodeau Member Aloi Member Potter-Masler Motion passed. This becomes Action #21 of 2019. PUBLIC HEARING #2 Cortland Biomedical, Applicant/David Yaman, Reputed Owner – 850 Lime Hollow Road – TM #95.00-10-02.000 – Area Variance – Sign Closer to Property Line Than Allowed Chairman Finn acknowledged that this variance request had been explained in the first hearing at this meeting. 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: No. All Board members present agreed. 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 - Finn, Bilodeau, and Aloi. Yes – Potter-Masler. 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: Yes. All Board members present agreed. Minutes – Public Hearings - (T) Cortlandville Zoning Board of Appeals 30 July 2019 Page 4 of 5 At the conclusion of the test, a motion was made by Member Aloi to grant the area variance, as requested, for a free-standing sign closer to the property line than allowed. The motion was seconded by Member Bilodeau, with the vote recorded as follows: Ayes: Chairman Finn Nays: None Member Bilodeau Member Aloi Member Potter-Masler Motion passed. This becomes Action #22 of 2019. PUBLIC HEARING #3 Cortland Hearing Aids, Applicant/Suzette Pace, Reputed Owner – 1033 Tompkins Street – TM #96.09-02-32.000 – Use Variance for Illumination of Building-Mounted Sign Chairman Finn recognized Mollie Riley, representing the applicant who was seeking a Use Variance to illuminate the proposed building-mounted sign for this new business. It will be the only sign for the business. PZO Weber stated that the size of the sign was in conformance with the Town’s requirements. 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. 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. 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: Yes. All Board members present agreed. Minutes – Public Hearings - (T) Cortlandville Zoning Board of Appeals 30 July 2019 Page 5 of 5 At the conclusion of the test, a motion was made by Member Aloi to grant the Use Variance for illumination of the building-mounted sign, as requested, with illumination to be turned off by 10 p.m. The motion was seconded by Member Potter-Masler, with the vote recorded as follows: Ayes: Chairman Finn Nays: None Member Bilodeau Member Aloi Member Potter-Masler Motion passed. This becomes Action #23 of 2019. APPROVAL OF MINUTES – 9 JULY 2019 It was noted that Action #19 should read “Motion passed.” Therefore, a motion was made by Member Bilodeau to approve the Minutes of this Board’s 9 July 2019 meeting, as corrected. The motion was seconded by Member Aloi, with the vote recorded as follows: Ayes: Chairman Finn Nays: None Member Bilodeau Member Aloi Member Potter-Masler Motion passed. This becomes Action #24 of 2019. ADJOURNMENT At 7:20 p.m., on a motion by Member Potter-Masler, seconded by Member Aloi, 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 8/26/19. Approved 8/27/19.