HomeMy WebLinkAbout2021-03-29 ZBA Minutes FinalPage 1 of 3
TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS
Public Hearing/Meeting Minutes - Monday, 29 March 2021 – 6:30 PM
Water & Sewer Garage – Terrace Road – Cortland, NY
Board Members (*absent) Others Present
John Finn, Chairman Bruce Weber, Planning/Zoning Officer
Thomas Bilodeau Joan E. Fitch, Board Secretary (via Zoom)
Joanne Aloi John DelVecchio, Town Attorney (via Zoom)
Bernice Potter-Masler
Carlos Karam
Applicants & Public Present
Sean & Lisa Smith for Jax Service Center, Applicant.
The Public Hearing was opened at 6:30 p.m. by Chairman John Finn, who asked the Board
Secretary to read aloud the Legal Notice as published in the Cortland Standard on 17
March 2021, as follows:
NOTICE IS HEREBY GIVEN that a public hearing before the Zoning Board of Appeals of
the Town of Cortlandville will be held Monday, March 29, 2021 at 6:30 p.m. at the
Cortlandville Water & Sewer Garage across the parking lot from 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 Jax Service Center, 3845 Route 281, Tax
Map No. 86.17-02-03.000, for a rehearing of the Area Variance granted as
per Section 178-113 Table 2.
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.
Attendance at the meeting will require you to wear a mask, practice social
distancing, and consent to your temperature being taken. We request that only
one member of the household attend due to space limitations.
John Finn, Chairman
Zoning Board of Appeals
(Note: Proof of Publication has been placed on file for the record.)
PUBLIC HEARING
Jax Service Center, Applicant/UCK Three, LLC, Reputed Owner – 3845 NYS Route 222 –
TM #86.17-02-03.000 – Rehearing of Area Variance for Signage
Chairman John Finn recognized Lisa Smith, representing the applicant (business owned by her
husband Sean Smith) who explained that when the business recently moved into this building,
they purchased a sign of the same size to replace the former tenant’s (Sun Auto) sign. The
previous business’ sign was approved with the granting of an area variance, not realizing that
they, too, would need a variance for the present sign, so a rehearing was requested.
Public Hearing/Meeting Minutes - (T) Cortlandville Zoning Board of Appeals 29 March 2021
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Mrs. Smith continued by stating they spent a lot of money on the sign, it is attractive, and they
have received compliments on its looks. They moved into the building within the last month.
PZO Bruce Weber explained the allowed signage size would be two feet by the length of the
building. Mrs. Smith also stated that they currently have a 90-day lease with either party having
the right to terminate the lease within “every 90 days.” PZO Weber advised that Sun Auto had
stated the subject building was going to be demolished within a year.
Chairman Finn commented that the Board tries to be consistent in granting of variances. With
regard to this business, he thought that a pole-mounted sign would give customers a better
sense of where they are. Mrs. Smith countered that would be thousands of dollars in cost.
Chairman Finn asked if there was anyone present who wished to speak on this 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
PZO Weber advised the Board that the subject sign is exactly like the sign that received a
variance previously. The Board needed to determine whether or not the request will be reheard.
When the previous variance was granted, part of the condition was that the building was coming
down and the sign was going to be gone; that is not the condition any longer.
Town Attorney John DelVecchio commented that the variance analysis is exactly the same this
time as previously, despite what the time conditions entailed. Therefore, he stated, the
appropriate procedure is for the Board to determine if this will be reheard or not.
At the completion of a brief discussion, a motion was made by Member Tom Bilodeau that the
Town of Cortlandville Zoning Board of Appeals agrees to rehearing of the Area Variance
granted previously as per Section 178-113 Table 2 for signage. The motion was seconded
by Member Carlos Karam, with the vote recorded as follows:
Ayes: Chairman Finn Nays: None
Member Bilodeau
Member Aloi
Member Potter-Masler
Member Karam
Motion carried.
This becomes Action #6 of 2021.
PZO Weber advised other signage options that could be taken in the future by the applicant if it
meets the square footage of other previous signs. The Balancing Test was not required, he said,
as it had already been complete.
At the completion of a brief discussion, a motion was made by Member Karam to adopt the
previous Balancing Test analysis and grant the requested Area Variance for signage until
15 February 2022 at which time the sign shall either be removed or made conforming.
The motion was seconded by Member Joanne Aloi, with the vote recorded as follows:
Ayes: Chairman Finn Nays: None
Member Bilodeau
Member Aloi
Member Potter-Masler
Member Karam
Motion carried.
This becomes Action #7 of 2021.
Public Hearing/Meeting Minutes - (T) Cortlandville Zoning Board of Appeals 29 March 2021
Page 3 of 3
EXECUTIVE SESSION
At 7 p.m., a motion was made by Member Bilodeau to go into Executive Session to discuss
pending litigation. The motion was seconded by Member Karam, with all Board members
voting in favor.
At 7:27 p.m., a motion was made by Member Bernice Potter-Masler to come out of
Executive Session. The motion was seconded by Member Karam, with all Board members
voting in favor.
No Actions Were Taken.
APPROVAL OF MINUTES – 25 JANUARY 2021
It was noted that for Action #4, the vote should indicate that Member Bilodeau voted Nay, and
the date of emailing should read 2/11/21, not 1/11/21.
A motion was then made by Member Potter-Masler to approve the ZBA Minutes of 25
January 2021, as corrected. The motion was seconded by Member Aloi, with the vote
recorded as follows:
Ayes: Chairman Finn Nays: None
Member Bilodeau
Member Potter-Masler
Member Aloi
Member Karam
Motion carried.
This becomes Action #8 of 2021.
ADJOURNMENT
At 7:35 p.m., on a motion by Member Karam, seconded by Member Bilodeau, with everyone
present voting in the affirmative, the meeting was adjourned.
__ _________________
Joan E. Fitch, Board Secretary Draft emailed to KRP, AR, Bd. Members, JD,
BW, DD, DC, KM on 4/20/21.
Approved 4/27/21.