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HomeMy WebLinkAbout2022-08-23 ZBA Minutes FinalPage 1 of 3 TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS Public Hearing/Meeting Minutes - Tuesday, 23 August 2022 – 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 Anthony DePerno, Applicant; Joe Sovocool. The Public Hearing was opened at 5:30 p.m. by Chairman John Finn. It is noted that the Legal Notice was 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, August 23, 2022 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 Anthony DePerno, 4038 West Rd., Tax Map #8609-01-39.000, for an Area Variance per Section 178-111B, 113 Note 2a, for a sign closer to property line than allowed and a height 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 Anthony DePerno, Applicant/McNeil Development Company, LLC, Reputed Owner – 4038 West Road (NYS Route 281) – TM #86.09-01-39.000 – Area Variance for Sign Chairman Finn recognized Anthony DePerno from Victory Sign who explained to those present that he was requesting an Area Variance to erect a new sign at the Family Health Network facility on NYS Route 281. The proposed sign would be placed five feet from the new right-of-way at an increased height of 20 feet from the existing sign’s eight feet in height. Mr. DePerno handed out a packet which included renderings, photos, etc. of what was existing and what was proposed. If there was an issue with the requested sign height/location, he said, he did indicate alternates were also proposed (15.5 ft. height and 8-10 feet off the sidewalk). With winter snow banks, he said the sign present sign could “hardly be seen at all.” Photos depicted this. The existing sign is also farther back from the other signs on the road. Their present sign is ten years old, and they wanted to update it. Public Hearing/Meeting Minutes - (T) Cortlandville ZBA 23 August 2022 Page 2 of 3 The proposed sign would be 18 feet from the edge of the road, which he stated is farther away from the road than other area signs. PZO Weber, in answer to the Board’s question, stated that the sign could be illuminated. Mr. DePerno also reported that the proposed sign, from ground level to actual sign is six feet. At the conclusion of the Board’s discussion, 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 5:45 p.m. PZO Bruce Weber stated that the maximum height of a sign is eight feet. 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: 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: No. All Board Members present agreed. A motion was then made by Member Carlos Karam to grant the Area Variance for the new sign, as requested. The motion was seconded by Member Aloi, with the vote recorded as follows: Ayes: Chairman Finn Nays: None Member Karam Member Bilodeau Absent: Member Potter-Masler Member Aloi Motion carried. This becomes Action #11 of 2022. Public Hearing/Meeting Minutes - (T) Cortlandville ZBA 23 August 2022 Page 3 of 3 APPROVAL OF MINUTES – 24 MAY 2022 A motion was made by Member Tom Bilodeau to approve the ZBA Minutes of 24 May 2022, as submitted. The motion was seconded by Member O’Rourke, with the vote recorded as follows: Ayes: Chairman Finn Nays: None Member Karam Member Bilodeau Absent: Member Potter-Masler Member Aloi Motion carried. This becomes Action #12 of 2022. ADJOURNMENT At 6:05 p.m., on a motion by Member Karam, seconded by Member Bilodeau, 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 10/11/22. Approved 10/18/22.