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Home My WebLink About2021-10-26 ZBA Minutes FinalPage 1 of 4 TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS Public Hearing/Meeting Minutes - Tuesday, 26 October 2021 – 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 Carlos Karam Applicants & Public Present Earl Stevenson, Applicant; Steve Frank for Park Outdoor Advertising, Applicant; Cindy Stoker for CNY Living History Museum. The Public Hearing was opened at 5:34 p.m. by Chairman John Finn, who asked the Board Secretary to read aloud the Legal Notice as published in the Cortland Standard on 13 October 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 Tuesday, October 26, 2021 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 Earl Stevenson, 3121 Clute Road, Tax Map Number 107.00-02-02.200, for an Area Variance per Section 178-13A, to allow for an accessory structure closer to the front property line than allowed. 2. In the matter of the application of Park Outdoor Advertising, 4386 Route 11, Tax Map Number 76.15-01-30.000, for an Area Variance per Section 178- 105, 111B, 112B (4) & 113-Note 2a, to allow for off premises sign closer to property line with a height and area greater than allowed. 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. John Finn, Chairman Zoning Board of Appeals (Note: Proof of Publication has been placed on file for the record.) PUBLIC HEARING #1 Earl Stevenson, Applicant/Earl Rose Stevenson, Reputed Owners – 3121 Clute Road – TM #107.00-02-02.200 – Area Variance for Front Yard Setback Chairman John Finn recognized the applicant who explained he was applying for an Area Variance to have his existing structure closer to the road than allowed. He stated he did not realize he needed a Permit to place this 34 ft. by 40 ft. as shown on the sketch accompanying the application. PZO Bruce Weber stated the structure is placed 30 feet from the right-of-way and it should be 60 feet. Public Hearing/Meeting Minutes - (T) Cortlandville ZBA 26 October 2021 Page 2 of 4 With everyone being heard who wished to be heard, Chairman Finn closed the Public Hearing at 5:40 p.m. DISCUSSION/DECISION At the request of Chairman Finn, Member Joanne Aloi proceeded with the required questions (balancing test) for an area variance, in addition to reading the appellant’s written comments; the responses given by the ZBA members, were as follows: 1. Whether an undesirable change would be produced in neighborhood character or detriment to nearby properties? Finding: No. All Board Members present agreed. 2. Can the benefits sought by applicant be achieved by other means feasible to the applicant? Finding: Yes. 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 – No. All Board Members present agreed. 5. Has the alleged difficulty been self-created? Finding – Yes. All Board Members present agreed. With no further discussion, a motion was made by Member Carlos Karam to grant the area variance, as requested. The motion was seconded by Member Joanne Aloi, with the vote recorded as follows: Ayes: Chairman Finn Nays: None Member Aloi Member Karam Absent: Member Bilodeau Member Potter-Masler Motion carried. This becomes Action #15 of 2021. PUBLIC HEARING #2 Park Outdoor Advertising, Applicant/Homer Cortland Community Agency, Reputed Owner – 4386 US Route 11 – TM #76.15-01-30.00 – Area Variance for Sign Chairman John Finn recognized Steven Frank, representing the applicant who wished to install a new non-illuminated pole sign at this location, as shown on the maps/drawings attached to the application. The two existing side-by-side billboards would be replaced by this single monopole sign with back-to-back sign faces and a height to the top of 35 feet (maximum allowed height is eight feet). Both the square footage of the sign and its height are greater than allowed. With everyone being heard who wished to be heard, Chairman Finn closed the Public Hearing at 5:55 p.m. Public Hearing/Meeting Minutes - (T) Cortlandville ZBA 26 October 2021 Page 3 of 4 DISCUSSION/DECISION At the request of Chairman Finn, Member Joanne Aloi proceeded with the required questions (balancing test) for an area variance, in addition to reading the appellant’s written comments; the responses given by the ZBA members, were as follows: 1. Whether an undesirable change would be produced in neighborhood character or detriment to nearby properties? Finding: No. All Board Members present agreed. 2. Can the benefits sought by applicant 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. 5. Has the alleged difficulty been self-created? Finding – Yes. All Board Members present agreed. After a brief discussion with regard to the sign height, a motion was made by Member Carlos Karam to grant the area variance, as requested, except the sign height is to be maximum of thirty (30) feet. The motion was seconded by Member Joanne Aloi, with the vote recorded as follows: Ayes: Chairman Finn Nays: None Member Aloi Member Karam Absent: Member Bilodeau Member Potter-Masler Motion carried. This becomes Action #16 of 2021. APPROVAL OF MINUTES – 27 SEPTEMBER 2021 A motion was made by Member Aloi to approve the ZBA Minutes of 27 September 2021, as submitted. The motion was seconded by Member Karam, with the vote recorded as follows: Ayes: Chairman Finn Nays: None Member Aloi Member Karam Absent: Member Bilodeau Member Potter-Masler Motion carried. This becomes Action #17 of 2021. Public Hearing/Meeting Minutes - (T) Cortlandville ZBA 26 October 2021 Page 4 of 4 ADJOURNMENT At 6:15 p.m., on a motion by Member Karam, seconded by Member Aloi, 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 10/28/21. Approved 11/29/21.