Zoning Board of Appeals

Zoning Board of Appeals Minutes of Monday February 14, 2022 5:30 pm 3rd floor City Hall Present: Maria Manning, Abigail Cleary, Juliene Ray, Ray Parker, Kyle Davis, Brett Barnes, Karen Leahy Staff: AJ Meldrim, Corporate Council, Roy Everett, Code Enforcement Acting Secretary, Joanne Sweeney Meeting was called to order at 5:35 by acting chairperson, Maria Manning. Item#1: Election of Chair-Motion made to elect Marie Manning as Chair Motion by: Karen Leahy Second by: Ray Parker Unanimous Item#2: Election of Vice Chair-Motion made to elect Brett Barnes as Vice Chair Motion by: Julie Ray Second by: Maria Manning Unanimous. Item#3: Appointment of Secretary-Motion made to appoint Joanne Sweeney Motion by: Ray Parker Second by: Karen Leahy Unanimous. OLD BUSINESS: Motion was made to rehear the 220-226 Port Watson St (BG2) Area Variance. Motion by: Ray Parker Second by: Karen Leahy Unanimous Discussion: AJ Meldrim, Corporate Council said there appeared to be some deficiencies in reviewing the 5 factor test as stated in the Charter. There was confusion on what was being voted on. Zoning Board of Appeals Meeting 2/14/2022 For clarification; County Planning Staff conducted their review, recommended approval with multiple contingencies that Byrne Dairy did addressed. County Planning Commission unanimously voted to deny it. To override the decision of the County Planning Commission the ZBA needs a super majority. The 5 variances that are being addresses and need to pass the 5 factor test are: 3 setbacks-front, side, and back setbacks Building placement and parking location The public hearing was opened at 5:50pm Speaker: Christian Barnell, Executive VP of Byrne Dairy/SonByrne Sales their Retail Division. Recapped all prior materials. No new materials introduced. Reviewed contingencies of City planning and how they were addressed. Reviewed similar setbacks approved such as CFCU and Walgreens which are relatively recent. Gordan Standsbury, P.E. from GTS Consulting reviewed their Traffic Study and the determination that there was no negative impact. Tom Fucillo, Attorney with Hancock & Estebrook, representing Byrne, reviewed his interpretation of Cortland Charter items: ZBA chair can vote. There is nothing in Charter stating otherwise. It is the Common Councils job to decide on the proper use/allowable use. Not the ZBA’s. Planning approved proper layout and site plan review. ZBA to determine if the 5 criteria met. Not ZBA decision to protect other Businesses. Can’t limit an allowed use. Larry Knickerbocker, attorney representing Bill Bros Dairy across Port Watson Street. Spoke on vote for motion of rehearing then should be put out to public notice. Common Council acted and most recent action invalid. Attempted to pass a resolution no force an effect. Would have to be done by local law. Not opposed to development-this is oversized for the site Zoning Board of Appeals Meeting 2/14/2022 Issue is with over-use for size of lot. Size based on Byrne’s desire for profit margins. Traffic concerns with RR up Port Watson and the backup of traffic Other traffic concerns School nearby and walking concerns with students Addressed his concerns with process of rehearing and notice for public hearing. Motion to close public hearing at 6:41pm Motion by Brett Barnes Seconded by Ray Parker Unanimous Discussion: Karen Leahy spoke of the procedurally issues. Her interpretation is that they voted to rehear the Byrne variance. Now we need to give proper notice of Public Hearing and actually hold the Public Hearing to Rehear. There was discussion. Motion was made to table decision pending the Formal Public Hearing. Motion by: Brett Barnes Second by: Abigail Cleary Unanimous Motion made to approve Minutes from prior meeting Motion by: Brett Barnes Second by: Abigail Cleary Unanimous Motion to adjourn meeting Motion by: Julie Ray Second by: Brett Barnes Unanimous I, MARIA MANNING, CHAIR MEMBER OF THE ZONING BOARD OF APPEALS FOR THE CITY OF CORTLAND, NY, DO HEREBY CERTIFY THAT SAID RESOLUTIONS WERE ADOPTED AT A MEETING OF THE ZONING BOARD OF APPEALS OF THE CITY OF CORTLAND, HELD ON THE TH DAY IN DECEMBER IN THE YEAR 2021. MARIA MANNING, ZBA CHAIR MEMBER