By Kate Hill

Staff Writer

On July 22, the Town of Cazenovia Zoning Board of Appeals (ZBA) granted conditional approval to Torrey and Brian Marti for their request to open a school at 3360 Thompson Road.

The board’s decision will enable the applicants to move forward with their plans to offer a full-time preschool program for children ages 3 to 5 and an educational afterschool program for kindergarten through fifth grade students.

Located at the corner of Thompson Road and New York State Route 13, the building under consideration previously housed the Awaken Church.

The property is located within the Rural A (RA) district and is currently zoned for residential use with an allowed religious use.

Within the district, the operation of an educational facility requires the issuance of a special use permit. According to the town zoning law, the ZBA can permit only those facilities that have been approved by the New York State Education Department (SED).

In June, the Martis reported to the ZBA that they submitted an application to SED and were awaiting response.

During the July meeting, Torrey Marti said she received an email from Sabrina Petruska-Wilmot — associate in education improvement services at SED — informing the couple that she had recommended their application to SED’s office of council for approval.

Town Attorney John Langey said the correspondence was very encouraging, highlighting Petruska-Wilmot’s statement that once the attorney and council complete a final review, “they will sign the consent.”

In order to open their doors by the first day of school on Sept. 7, the Martis must first receive a formal approval letter from SED.

“From the beginning, [the board] has said that they want to see this thing happen,” Langey said. “[However,] the book of law says we have to get the SED letter signed off on . . . Unfortunately, the state moves slowly, but on the other side of it, [the board is] willing to move fast.”

Operating under the assumption that the letter from SED will arrive prior to the opening date, Langey suggested that the board consider a resolution granting the Martis conditional approval of their request. He noted that such approval would eliminate the need for a special meeting following the receipt of the letter.

Langey added that that the conditional approval would be subject to review by Zoning and Codes Enforcement Officer Roger Cook and legal council with consultation with the chairman.

Following a lengthy discussion regarding the planned operation of the school, Langey proposed the following conditions:

• The hours of operation will be 7 a.m. to 6 p.m. Monday through Friday.
• The facility will provide educational programming for accepted 3 to 5 year olds, “subject to receipt of appropriate documentation per the town’s definition of ‘educational use’ in the code as confirmed by the code officer and legal council with consultation with the chairman.”
• Initially, the school may accept a maximum of 45 students. The applicants may return to the board to request additional students.
• The zoning and codes enforcement officer will confirm the acceptable number of bathroom facilities.
• The applicants will obtain any necessary Madison County Department of Health approvals.
• All exterior lights will be extinguished by 7 p.m., and all lighting will be dark sky compliant with appropriate shielding. Lighting will not spill onto surrounding neighbors or highways.
• The applicants will utilize the existing unlighted monument sign.
• There will be no amplified sound associated with the school grounds.
• Parking will be in accordance with the existing parking lot.
• The applicants will screen any on-site dumpster and schedule regular trash pickup.
• There will be no food preparation unless the applicants return to the board showing health department approvals.
• There will be no large animals.
• Final code inspections will be required.
• The applicants are permitted to hold one fundraiser per year.

Langey proposed a separate provision in the resolution permitting an afterschool program on the premises for kindergarten through fifth grade students from 3 to 6 p.m., subject to receipt of SED confirmation that the use qualifies as educational.

Additionally, the proposed resolution included a “negative declaration” — a written determination by the ZBA that the proposed action will not result in significant adverse environmental impacts.

“The idea is you let [the applicants] leave tonight with the idea that if that letter comes in tomorrow or a few days from now or a week from now, they won’t have to reassemble with you,” Langey said. “You’re basically allowing Roger [Cook] to make a judgment call on the letter that he receives from SED as it relates to this resolution . . . he can use me for guidance and [the chairman] . . .”

Following an explanation of the resolution, the ZBA voted to approve the Martis’ request for a special use permit at 3360 Thompson Road with the agreed upon conditions.

The zoning board will hold its next meeting on Aug. 26 at 7:30 p.m. at the Cazenovia Town Office, 7 Albany St.