MINUTES OF MEETING                       

                                  November 13, 2006

The regular meeting of the Zoning Board of Appeals of the Town of Clay, County of Onondaga, State of New York was held at the Town Hall of Clay, New York on November 13, 2006.

Chairman Fennhahn called the meeting to order at 7:30 P.M. and upon the roll being called the following were:

PRESENT:  Arthur Fennhahn        Chairman
                     Charles V. Mangan    Deputy Chairman 
                     Eugene Young             Member
                     Karen Liebi                 Member
                     Harold Henty              Member
                     Vivian I. Mason          Secretary
                     Mark Grobosky          Attorney
                     James Condon            Code Enforcement Officer

MOTION made by Mr. Mangan that the Minutes of the meeting of October 9, 2006 be accepted.  Motion was seconded by Mr. Young. Unanimously Carried. 

MOTION made by Chairman Fennhahn that for the purpose of the New York State Environmental Quality Review (SEQR) all new actions tonight will be determined to be Type II actions, and will be given a negative declaration, unless otherwise advised by our attorney. Motion was seconded by Mrs. Liebi. Unanimously carried.

OLD BUSINESS:

Case #1225 - VARIANCES - Metropolitan Signs, Inc., 3451 Route 31 (Tax map #019-02-33.1):

The applicant is seeking variances to change the following: 1.} Reducing the front setback from 25 feet to 2 feet, 2.} Increasing the square footage from 32 to 90; 3.} Changing from a monument sign to a free standing sign, and 4.} Increasing the height from 10 feet to 21 feet for the purpose of installing a free standing sign. (Adjourned from April 10, May 8, June 12, July 10, and August 14, meeting)

(Standards of proof given at the April 10, 2006 meeting)

Chairman Fennhahn announced that the applicant has asked for an adjournment to December, however the Board would like to delay it longer, as a new ordinance will be in place next year.

Motion was made by Chairman Fennhahn to adjourn the variance requests to February 12, 2007.  Motion was seconded by Mr. Henty. Unanimously carried.

NEW BUSINESS:

Chairman Fennhahn asked the Board members if they have visited the sites for each case and they all said they had.

Case #1247 - SPECIAL PERMIT - Rick Dryden, 120 Kristen Road (Tax Map #112-
071-01.1: 

The applicant is seeking a Special Permit to allow an in-home occupation of a counseling office.

Rick Dryden stated that he would like a Special Permit so that he can counsel individuals,
families, couples and children in his home.

Chairman Fennhahn asked what the size of the office would be and Mr. Dryden said 106.5
square feet. Chairman Fennhahn asked what qualifications he had. Mr. Dryden stated that he was licensed by New York State and had experience as a mental health counselor and dealt with family issues, parenting, anxiety, marital problems etc. and has twenty years experience. He will be seeing perhaps 8 to 15 people a week. A larger group would be seen at a different location.

Mr. Young asked if he would have any employees and Mr. Dryden said no.

Chairman Fennhahn pointed out that only a person living there could work there under a
Special Permit. He commented that the Onondaga County Planning Board recommended
modifications: “The existing driveway on Buckley Road must be closed to maintain safety and mobility on the county road consistent with the County’s 2010 Development Guide, which states that reverse front developments, where lots front on local streets and provide no direct access to major roads, should be encouraged in order to minimize points of interruption of traffic on major roads.” He noted that to override there recommendation there needs to be a majority plus one vote.

Mr. Dryden said he felt there was sufficient room for parking.

Chairman Fennhahn asked Mr. Condon, the Code Enforcement Officer if he had any comment and he stated that the applicant is allowed a two square foot sign, for identification only.

Bill Waters asked what the hours would be and Mr. Dryden said 9:00 A.M. to 7:00 P.M.

Chairman Fennhahn asked if there were any further comments or questions and there were none. He asked for those in favor and those opposed to granting the Special Permit and there were none.

Chairman Fennhahn closed the hearing.

MOTION was made by Mr. Henty in case #1247 that the Special Permit be granted, with the condition that the signage be in compliance with size regulations and the office be in
compliance with exhibit “A”. Motion was seconded by Mrs. Liebi.

Roll call: Mrs. Liebi - in favor
Deputy Chairman Mangan - in favor
Mr. Young - in favor 
Mr. Henty - in favor
Chairman Fennhahn - in favor Unanimously carried.

Chairman Fennhahn confirmed that the Special Permit is granted.

Case #1248 - VARIANCE - Yasser Alego, 11 Glenburn Road (Tax map #086-22-07.0:

The applicant is seeking a variance to reduce the front yard setback from 25 feet to 20 feet for the purpose of building a porch.

Yasser Alego stated that he would like to build a porch on the front of his house and feels it will improve its value.

Mike McCarthy and Ed Erickson are the contractors.

Chairman Fennhahn asked why they started construction without a permit. Mr. Erickson said he made drawings but they weren’t sufficient, he was out of town and construction started without the permit.

Mr. Yasser addressed standards of proof:

1. Mr. Yasser said he doesn’t feel it would be an undesirable change to the
neighborhood.
2. He feels the only other feasible method would be to make the porch smaller.
3. The porch will be the same size as the stoop, but with a roof he feels it is
substantial.
4. He believes there will be no adverse environmental impact on the neighborhood
and it will not block anyone’s view.
5. The applicant stated that he feels the need for the variance is self-created.

Chairman Fennhahn asked Mr. Condon, the Code Enforcement Officer if he had any
comments and he had none.

Chairman Fennhahn asked if there were any further questions and there were none. He asked for those in favor and those opposed to granting the variance and there were none.

Chairman Fennhahn closed the hearing.

MOTION was made by Mr. Young in case #1248 that the variance be granted, with the
condition that construction be in substantial compliance with Exhibit “A”. Motion was
seconded by Mr. Mangan

Roll call: Mrs. Liebi - in favor
Deputy Chairman Mangan - in favor
Mr. Young - in favor 
Mr. Henty - in favor
Chairman Fennhahn - in favor Unanimously carried.

Chairman Fennhahn confirmed that the variance is granted.

Case #1249 - VARIANCES - Joseph Mehlek, 8102 Maple Road (Tax map #075-01-
07.0):

The applicant is seeking variances to reduce the side yard setback from 25 feet to 23 feet and 25 feet to 22.5 feet for the purpose of building a rear porch.

Joseph Mehlek and William Johnson (of Comfort Windows) addressed the Board.

Currently Mr. Mehlek has an open wooden deck and he would like to change it to a three
season room.

Mr. Mehlek addressed standards of proof:

1. He feels it will be an enhancement to the character of the neighborhood. It will
be similar to the present deck and is in proportion with the house and will blend
with surroundings. 
2. He feels this is the best location for the porch as it is off an existing door. To
place it elsewhere would interfere with the septic vent.
3. He believes the variance is not substantial, as he feels it is a reasonable request.
4. He believes there will be no adverse environmental impact on the neighborhood.
5. The applicant stated that he feels the need for the variance is not self-created,
since the existing deck is non-conforming because the zoning changed
afterwards. The porch will be about the same as the deck, but now it will have
a roof.

Chairman Fennhahn asked Mr. Condon, the Code Enforcement Officer if he had any
comments and he had none.

Chairman Fennhahn asked if there were any further questions and there were none. He asked for those in favor and those opposed to granting the variance and there were none.

Chairman Fennhahn closed the hearing.

MOTION was made by Mr. Mangan in case #1249 that the variances be granted with the
condition that construction be in compliance with Exhibit “A”. Motion was seconded by Mrs. Leibi.

Roll call: Mrs. Liebi - in favor
Deputy Chairman Mangan - in favor
Mr. Young - in favor 
Mr. Henty - in favor
Chairman Fennhahn - in favor Unanimously carried.

Chairman Fennhahn confirmed that the variance is granted.

There being no further business, Chairman Fennhahn adjourned the meeting at : P.M. 


________________________________
Vivian I. Mason, Secretary
Zoning Board of Appeals
Town of Clay
                                             

                                                                   
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