MINUTES OF MEETING                       

                               February 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 February 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
                     Harold Henty                 Member
                     Vivian I. Mason             Secretary
                     Mark Grobosky            Attorney
                     Cindy Heid Assistant    Commissioner of Planning and Development

ABSENT:    Karen Liebi                    Member

MOTION made by Deputy Chairman Mangan that the Minutes of the meeting of January 9, 2006 be accepted. Motion was seconded by Mr. Young. 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 Mr. Young. Unanimously carried.

OLD BUSINESS:

Case #1217 - VARIANCE - Mufale Builders, Inc., 5229± Caughdenoy Road (tax map #075-02-06.2: 

The applicant is requesting a variance to reduce the arterial highway setback from 115 feet to 75 feet for the proposed lot 1000; from 115 feet to 85 feet for proposed lot 1001; from 115 feet to 95 feet for proposed lot 1002; and reducing the minimum lot frontage from 105 feet to 82 feet for proposed lot 1001; from 105 feet to 92 feet for proposed lot 1002, for the purpose of a subdivision for single family houses.

Chairman Fennhahn announced that the applicant has requested a ninety day delay. The hearing is adjourned to May 8, 2006.

NEW BUSINESS

Chairman Fennhahn asked the Board Members if they had visited the site and all answered in the affirmative.

Case #1221 - VARIANCE - Syracuse Windsor Land II, LLC, 3769 Brewerton Road
(Tax Map #117-11-22.1):

The applicant is seeking a variance to reduce the side yard setback from 75 feet to 24.2 feet for the existing Advanced Auto Parts Store.

The public hearing notice was read by the secretary.

Angelo Santabarbara, PE, of Bohler Engineering, 5 Computer Drive West, Albany, New York is representing the applicant.

Chairman Fennhahn noted for the record that he had worked with Mr. Santabarbara’s father at one time.

Mr. Santabarbara stated that there was a setback error either made by the surveyor or the contractor when the building was built. The error was discovered after construction that the building is encroaching on the required setback.

Mr. Santabarbara addressed the standards of proof:

1. The building is consistent with the area where it is located and they don’t feel it 
will detract from the character of the neighborhood.
2. Because the building is already constructed to tear it down and rebuild would be
extremely expensive and time consuming so they feel there is no other logical
feasible method.
3. They do not feel the variance request is substantial. The error in the setback was
unintentional.
4. There are no adverse environmental or drainage impacts on the neighborhood.
5. The need for the variance is self-created.

Deputy Chairman Mangan asked if the building is actually ten inches bigger or if the building was moved.
Mr. Santabarbara said he believes the building got twisted a little on the lot when it was
constructed.

Deputy Chairman Mangan noted that although the request appears to be for a larger variance, the original variance granted at the August 9, 2004 meeting was for 25 feet based on the old ordinance. This new variance request will reduce the 25 feet to 24.2 feet, so this request is actually for an additional ten inches. He added that this building is a vast improvement over the building that was previously on this site.

Assistant Commissioner Heid said she believes the building just got pushed back a little, at time of construction, and that’s what caused the problem.

Chairman Fennhahn asked if the Board or anyone in the audience had any further comments or questions and there were none. Chairman Fennhahn asked for those in favor of granting the variance, there was one, and those opposed and there were none.

Chairman Fennhahn closed the hearing.

MOTION was made by Deputy Chairman Mangan in case #1221 that variance be granted for the width of the building as shown on Exhibit “A”. Motion was seconded by Mr. Young.

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

Chairman Fennhahn noted that the variance is granted.

There being no further business, Chairman Fennhahn adjourned the meeting at 7:48 P.M. 



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