Cazenovia College files notice of appeal over fence permit issue

Action called a procedural matter pending planning board review and approval

— The college appealed Carr’s decision to the village zoning board of appeals, which upheld his decision in April. The college then appealed to the state supreme court in Wampsville, asking the judge to overturn the ZBA’s decision to require full site plan review for the fence project.

Cerio’s Oct. 22 decision supported the village’s arguments in the case that the college must go through a complete planning board process; he also sided with the college by declaring that the fence is a stand-alone project and not a part of the previous turf field construction, and therefore the case is not a question of illegal “segmentation,” as was charged by the village zoning enforcement officer.

The college had 30 days from the filing of Cerio’s decision in which to appeal to the state appellate court. It filed its appeal on Nov. 19.

Cazenovia Mayor Kurt Wheeler, who met with Tierno on Nov. 21, said he was told the appeal filing was simply a procedural matter necessitated by the judicial deadline.

“The village is pleased that we will not have to devote additional financial resources to an appeal,” Wheeler said.

Wheeler said the college already has ordered an updated survey for the fence project and anticipates requesting to be on the Dec. 9 planning board agenda to initiate the process.

Wayne Westervelt, the college’s vice president for marketing and communications, said they are currently preparing the project paperwork, which they will submit to the planning board as soon as it is complete.

Jason Emerson is editor of the Cazenovia Republican. He can be reached at editor@cazenoviarepublican.com.

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