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HomeMy WebLinkAbout2022-03-22 ZBA Minutes FinalPage 1 of 3 TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS Public Hearing/Meeting Minutes - Tuesday, 22 March 2022 – 6:30 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 Bernice Potter-Masler Carlos Karam Applicants & Public Present James Easton for Regan Development, Applicant; Kevin Smith, Reporter from Cortland Voice. The Public Hearing was opened at 6:30 p.m. by Chairman John Finn. Planning/Zoning Officer Bruce Weber s read aloud the Legal Notice as published in the Cortland Standard 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, March 22, 2022 at 6:30 p.m. at the Raymond G. Thorpe Municipal Building, 3577 Terrace Road, in the Town of Cortlandville, New York, to consider the following application pursuant to the 1986 Zoning Law: 1. In the matter of the application of Regan Development, Route 13, Tax Map Number 95.00-10-11.100, for an Area Variance per Section 178-76(a)5, to allow for less commercial space 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 Regan Development, Applicant/CB Cortlandville LLC, Reputed Owner – NYS Route 13 – TM #95.00-10-11.100 – Area Variance for Less Commercial Area Than Allowed Chairman John Finn recognized James Easton, representing the applicant, who is seeking an Area Variance for this project which is only 6200 SF of commercial space as Phase 1 of a multi- phased mixed use development. This phase is being reviewed as if it was the only phase of the development which does not, at this time, meet the minimum square footage requirement for commercial space in a mixed use development in a B-3 District. Mr. Easton explained the project to Board members, and displayed drawings; 22,570 SF would be required for commercial space, and only 6,200 SF will be provided in Phase 1. PZO Weber advised the Board that, with regard to SEQRA, the Town Planning Board has issued a Negative Declaration; notices will be sent out to all of the involved agencies and they are awaiting this Board’s decision before proceeding further. Public Hearing/Meeting Minutes - (T) Cortlandville ZBA 22 March 2022 Page 2 of 3 Chairman Finn asked if there was anyone present who wished to speak regarding this variance request; there was no one. With everyone being heard who wished to be heard, Chairman Finn closed the Public Hearing at 6:39 p.m. 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. 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: No. All Board Members present agreed. 3. Is the requested variance substantial? Finding: Yes – Chairman Finn and Members Carlos Karam and Bernice Potter- Masler. No - Member Joanne Aloi. 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 – Chairman Finn and Member Potter-Masler. No - Members Aloi and Karam. A motion was then made by Member Karam to grant the Area Variance to allow for less commercial space than allowed, contingent upon final SEQRA by the Town Planning Board. The motion was seconded by Member Aloi, with the vote recorded as follows: Ayes: Chairman Finn Nays: None Member Karam Member Potter-Masler Absent: Member Bilodeau Member Aloi Motion carried. This becomes Action #3 of 2022. APPROVAL OF MINUTES – 15 FEBRUARY 2022 A motion was made by Member Potter-Masler to approve the Minutes of 15 February 2022, as submitted. The motion was seconded by Member Karam, with the vote recorded as follows: Ayes: Chairman Finn Nays: None Member Karam Member Potter-Masler Absent: Member Bilodeau Member Aloi Motion carried. This becomes Action #4 of 2022. Public Hearing/Meeting Minutes - (T) Cortlandville ZBA 22 March 2022 Page 3 of 3 ADJOURNMENT At 6:50 p.m., on a motion by Member Aloi, seconded by Member Karam, and with everyone present voting in the affirmative, the meeting was adjourned. __ _________________ Joan E. Fitch, Board Secretary Draft emailed to KRP, AA, Bd. Members, JD, BW, DD, DC, KM on 5/3/22. Approved 5/24/22.