HomeMy WebLinkAboutI - 10 Letter to ZBA from Doug Withey, TBMJanuary 5, 2021
Re: Illuminated Sign
To: The Honorable Zoning Board of Appeals for Cortlandville
Ladies and Gentlemen,
The Town Board members have sent for your review a proposal to install an illuminated sign on Town
Property along Route 13 near Gutchess Sports Park. This proposal requires your review while applying
local zoning laws to the proposal. Ultimately, the project needs your approval to proceed.
This matter has already come before the Town Board with a suggestion that we apply an absurd form
requiring questions to be answered, and with an effort towards circumventing our local Zoning rules and
regulations. This avenue was strongly turned down by the Town Board. Now it has been sent to you in
hopes that you would apply the use of this same form. This avenue could be very subjective and possibly
contrary to good zoning, whereas ZBA rules and regulations are clear and need to be applied
accordingly.
As this project requires an Area Variance and a Use Variance, it is and should remain under your
purview and without the use of this form/check list. It's use by the ZBA to circumvent applying your due
diligence and fiduciary responsibilities in my opinion would be wrong.
I know that the Town Supervisor has suggested and apparently supported by Legal Council that the
application of your responsibilities may end up with the project being denied for lack of one or both
variances as it apparently does not fit our/ZBA local rules and regulations.
This point was made clear to the Town Board Members, suggesting that the project did not fit the
criteria of the proposed area. It was also stressed that the Town would loose $16,000.00 per year from
the lease of the town's property to a private business if the proposal is turned down. Additionally, it was
stated that as the town did not follow process for the Gutchess Sports Park and did not apply for
variances for what we currently see, so why start now?
Applying this type of attitude is not good government, ignores fiduciary responsibility and actions of this
nature should not be ignored. Our town needs to follow process whichever way it may go. The ZBA
needs to apply existing local rules and regulations without consequences or influences. In this instance,
your review must and will show good governance and fiduciary responsibility.
In your review of this proposal, the monetary aspect need not be an issue for the ZBA. A review based
on possible loss of $16,000.00 per year does not out way the loss of respect and trust from our
constituents and would do irreputable harm for the town and the governance there of.
In closing, your application of standing regulations is what makes Cortlandville, Cortlandville. I
appreciate all you do in keeping compliance with established regulations in check. I just ask that you
maintain your status quo and keep up your good work.
Thank you and Happy New Year,
Douglas Withey, Councilman