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Home My WebLink About2019-12-03 ZBA Minutes FinalPage 1 of 9 TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS Public Hearing/Meeting Minutes - Tuesday, 3 December 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 Thomas Bilodeau Joan E. Fitch, Board Secretary Joanne Aloi John DelVecchio, Town Attorney Bernice Potter-Masler Vacancy Applicants & Public Present Brian Bouchard & Dan King for UCK Three, Applicant; Frank Santelli for Squeaky Clean Car Wash, Applicant; Pamela Jenkins, Appellant; Greg & Barb Leach, Town Councilman Doug Withey, Bob Martin, Pat Leach, Sarah Leach. 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 22 November 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, December 3, 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 applications pursuant to the 1986 Zoning Law: 1. In the matter of the application of Squeaky Clean Car Wash for property located at 1081 Route 222., Tax Map No.86.13-01-30.000, for a variance in the terms and conditions of Section 178-111 B, K & Section 112, Table 2, Note 2a, to allow for an animated sign closer to the property line than allowed and with a height greater than allowed. 2. Pamela Jenkins to appeal the determination of Cortlandville’s Zoning Officer 3. In the matter of the application of UCK Three (Sun Auto) for property located at 3845 & 3861 NYS Route 281, Tax Map Nos. 86.17-02-03.000 & 86.17-01- 11.100, for a variance in the terms and conditions of Section 178-2.2, 111B & 113 & 90 C (1), to allow for less than 50% green space, signs closer to property line than allowed, a greater number of signs with a height greater than allowed & exemption from Stormwater regulations. 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 hearings. 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 3 December 2019 Page 2 of 9 PUBLIC HEARING #1 Squeaky Clean Car Wash, Applicant/Washing Technologies, LLC, Reputed Owner – 1087 MYS Route 222 – TM #86.13-01-29.000 – Area Variance – Animated Sign Chairman Finn recognized Frank Santelli, representing the applicant who was seeking an area variance to allow for an animated sign closer to the property line than allowed, and with a height greater than allowed, as shown on the materials accompanying the application. Mr. Santelli explained that the applicant had approval for a “pedestal-mounted” sign which they would now like to swap with another sign as indicated. PZO Bruce Weber commented that the size of the proposed sign is the same. Chairman Finn asked if there was anyone present from the public who wished to comment on the appeal; there was no one. With everyone being heard who wished to be heard, Chairman Finn closed the Public Hearing at 5:43 p.m. At the conclusion of their discussion, a motion was made by Member Bernice Potter-Masler to grant the area variance, as requested, for an animated sign closer to the property line and at a height greater than allowed, with the message change time to e not less than ten 910) seconds, based on the Findings for Action #18-2019 of 9 July 2019. The motion was seconded by Member Tom Bilodeau, with the vote recorded as follows: Ayes: Chairman Finn Nays: None Member Bilodeau Member Aloi Member Potter-Masler Motion passed. This becomes Action #34 of 2019. PUBLIC HEARING #2 Pamela Jenkins, Appellant – Appeal the Determination of Zoning Officer Regarding Use Variance Not Required - Leach Properties, LLC – 1834 NYS Route 13 – TM #77.00-13- 11.000 Town Attorney John DelVecchio advised the Board that he had drafted a proposed Resolution, a copy of which was provided to the Board and Ms. Jenkins. Chairman Finn recognized Ms. Jenkins who read aloud her prepared remarks which, as she requested, be attached to these Minutes (see Attachment A). She also stated that she had just received the proposed Resolution so was unable to comment on it. Town Attorney DelVecchio then responded to some of the comments given by Ms. Jenkins: does she have legal ability to come before this Board; she’s not the property owner? Only issue before the Board is whether or not the Zoning Officer was correct in his determination. Is additional use variance necessary in this situation? Zoning Officer affirmed his determination made back in 2017. Town Attorney provided all relevant documents (complete record) to the Board members to aid in this determination. The proposed Resolution reflects this. He then set forth the Board’s options with regard to this appeal. Minutes – Public Hearings - (T) Cortlandville Zoning Board of Appeals 3 December 2019 Page 3 of 9 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 5:58 p.m. DISCUSSION/DECISION After a review of the Resolution prepared by the Town Attorney, a motion was made by Member Bilodeau, seconded by Member Aloi, to adopt said Resolution affirming the determination of the Town Planning/Zoning Officer. The vote was recorded as follows: Ayes: Chairman Finn Nays: None Member Bilodeau Member Aloi Member Potter-Masler Motion passed. This becomes Action #35 of 2019. The Resolution was then officially completed by the Board Secretary and given to the Town Attorney for its proper filing with the Town Clerk for the record. PUBLIC HEARING #3 UCK Three LLC, Applicant/Reputed Owner – 3845 NYS Route 281 – TM #86.17-02-03.000 and 3861 NYS Route 281 – TM #86.17-01-11.100 – Multiple Variances (Reference is made to the 29 October 2019 Minutes for additional details regarding these variances. At that meeting, it was determined that the requested variances would be postponed until after the Town Board had, as Lead Agency, completed their SEQRA review.) Chairman Finn recognized Brian Bouchard, PE, of CHA, Syracuse, NY, representing the applicant who was seeking variances for allowing less than 50% green space, signs closer to property line than allowed, a greater number of signs with a height greater than allowed, and exemption from the Stormwater Regulations. Mr. Brouchard explained to everyone that UCK Three, LLC, (Sun Auto) had purchased the adjacent former Nissan property and although separate parcels, their intent is to “blend these two properties together so they appear to function and look as one site.” Mr. Brouchard stated that, overall, there will be one less curb cut and the balancing of the green space from 15% to 18%. He made reference to his 15 November 2019 letter to PZO Weber which explained the request to waive the requirement to prepare a SWPPP; the existing drainage pattern will still be maintained. Mr. Brouchard reviewed the proposed signage; two pylon signs will be removed, but there will be one sign, as shown in materials provided, near the adjacent Auto Zone property. The setback is conforming. He described the proposed banners to be affixed to the light poles. PZO Weber advised that he considered them as one four-by-four sign. He also affirmed that the Town Board had completed the SEQRA review, resulting in a Negative Declaration. 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 6:25 p.m. Minutes – Public Hearings - (T) Cortlandville Zoning Board of Appeals 3 December 2019 Page 4 of 9 DISCUSSION/DECISION As requested by 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: Exemption from Stormwater Regulations & Allow for Less Than 50% Green Space 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: Yes – Aloi and Potter-Masler. No – Bilodeau and Finn. 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: Yes – Finn, Potter-Masler and Aloi. No – Bilodeau. At the conclusion of the test and with no further discussion, a motion was made by Member Bilodeau to grant the area variance for exemption from the SWPPP regulations and to allow for less than 50% green space, as requested. 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 #36 of 2019. Free-Standing Sign 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: Yes. All Board members present agreed. 3. Is the requested variance substantial? Finding: Yes. 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. Minutes – Public Hearings - (T) Cortlandville Zoning Board of Appeals 3 December 2019 Page 5 of 9 5. Has the alleged difficulty been self-created? Finding: Yes. All Board members present agreed. At the conclusion of the test and with no further discussion, a motion was made by Member Potter-Masler to grant the area variance for a free-standing sign, as requested. 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 #37 of 2019. After a brief discussion regarding the proposed banner signs to be affixed to the poles, Board members felt they would like to visit the site to get a better understanding of what, where, and how these requested banners would look. With no further discussion, a motion was made by Member Aloi to postpone their decision for the banner signs until the next meeting of this Board to allow Board members time to visit the site. 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 #38 of 2019. APPROVAL OF MINUTES – 27 AUGUST & 29 OCTOBER 2019 With no further discussion, a motion was then made by Member Bilodeau to approve the Minutes of the 27 August and 29 October 2019 meetings. 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 #39 of 2019. ADJOURNMENT At 7:05 p.m., on a motion by Member Aloi, seconded by Member Potter-Masler, 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 1/15/20. Approved 2/4/20. Attachment A (4 pgs.) Minutes – Public Hearings - (T) Cortlandville Zoning Board of Appeals 3 December 2019 Page 6 of 9 ATTACHMENT A (pg. 1 of 4) Minutes – Public Hearings - (T) Cortlandville Zoning Board of Appeals 3 December 2019 Page 7 of 9 Minutes – Public Hearings - (T) Cortlandville Zoning Board of Appeals 3 December 2019 Page 8 of 9 Minutes – Public Hearings - (T) Cortlandville Zoning Board of Appeals 3 December 2019 Page 9 of 9