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
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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
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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.