continued The college appealed Carr’s decision to the village zoning board of appeals, which upheld his decision in April 2013. 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.
State Supreme Court Judge Donald F. Cerio, Jr.’s Oct. 22 decision supported arguments made by both the village and the college. He said the village was correct that the college must undergo a complete planning board process rather than just be given a simple building permit; he said the college was correct in declaring the fence a stand-alone project and not part of the previous turf field construction, and therefore the case is not a question of illegal segmentation.
The college filed an appeal of Cerio’s decision to the state appellate court on Nov. 19 while simultaneously preparing a new project proposal submission to the planning board. Cazenovia College President Mark Tierno said at the time that the appeal was simply a “procedural matter” to keep that option open to the college, since it had only 30 days to file with the court.
The college resubmitted its proposal to the planning board on Dec. 2. The main revision to the plan was to change the composition of the fence from chain link with black vinyl coating to black powder coated aluminum. Neighbors and some planning board members asked that the fence be five feet in height rather than the proposed six feet, but the college adhered to its original six-foot plan. The village code allows fences to be up to six feet in height.
A major sticking point over the past four months of discussion was whether or not the fence could be constructed inside the 25-foot vegetative buffer zone that separated the college property from that of its neighbors, or had to be located outside of the buffer zone. The college proposed the former location, while the neighbors argued for the latter. The planning board concluded that placing the fence inside the buffer zone did not violate any provisions of the zoning code.