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 
March 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
                     Cindy Heid                          Assistant Commissioner of Planning and 
                                                                  Development

MOTION made by Deputy Chairman Mangan that the Minutes of the meeting of February 13, 2006 be accepted. Motion was seconded by Mrs. Leibi. 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:

None.

NEW BUSINESS

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


Case #1213 - USE VARIANCE - Jay D. Morse, South side of VerPlank Road (Tax Map #047-01-06):

The applicant is seeking a variance to reduce the front yard County highway setback from 200 feet to 75 feet for the purpose of building a storage building.

The public hearing notice was read by the secretary.

Jay Morse explained that he and his brother bought a small piece of land in the industrial zone with the intention of someday building a small warehouse or storage building. Over the past several years, the setbacks have gone from 50 feet to 200 feet. He is asking the Board for some relief from this restriction.

Chairman Fennhahn asked what type of finish the warehouse/storage building would have and Mr. Morse said he wasn’t sure, probably metal.

Chairman Fennhahn said the Board would like to see a topographical map and a picture 
of what he would like to build there. Mr. Morse said that he hadn’t had time to get this information together by tonight, and Chairman Fennhahn asked if he’d like to postpone this hearing to a later date. Mr. Morse said he would like to do that.

Chairman Fennhahn asked if he would like to go over the standards of proof at this time and Mr. Morse said yes.

Mr. Morse addressed the standards of proof:

1. Since it is an industrial zone, he doesn’t feel it will detract from the character of
the neighborhood.
2. He can’t build the building without a variance, so he feels there is no other
feasible method.
3. Yes, he feels the variance request is substantial. 
4. He believes there will be no adverse environmental or drainage impacts on the
neighborhood.
5. He does not feel the need for the variance is self-created, due to the change in
arterial setbacks.

Mr. Young asked what the building was going to be used for and Mr. Morse said personal
storage.

Mr. Henty asked if there would be any manufacturing and Mr. Morse said no, they would use it to store some automobiles.

Chairman Fennhahn asked Assistant Commissioner Heid if she had any comments and she noted that before the code changed there was a 115 foot setback requirement, and at that time a variance would have still been required. She also noted that if he disturbed one acre of land or more he would need a stormwater SPEDES permit through the Department of Environmental Conservation.

Irene Neville, who lives on Ver Plank Road, said she has a significant drainage problem. Mr. Morse said he had no intention to flood anyone and would take care of it.

Chairman Fennhahn advised Ms. Neville that should the variance be granted she should attend the Planning Board Meeting when they are reviewing the site plan and voice her concerns regarding drainage.

Janet Rathburn asked what the County’s recommendation was and Chairman Fennhahn
responded that they recommended denial.

Raymond Florczyk, who also lives on Ver Plank Road, commented that the land drains
naturally, but property has been filled in and this has created a flooding problem for Ms.
Neville. He also noted that Ver Plank Road has a curve that in the future may have to be
straightened out, and this could involve Mr. Morse’s property.

Mr. Morse said that someone dumped a load or two in the ditch and he has no idea who it was.

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 none. He asked for those opposed and there were two, Raymond Florczyk and Tom Eagan.

Chairman Fennhahn adjourned the hearing to April 10, 2006.

Case #1223 - VARIANCE - Eric C. Knaub, 7982 Morgan Road 
(Tax Map #082-01-42.1):

The applicant is seeking a variance to allow the construction of a barn for residential purposes in an industrial zone.

The public hearing notice was read by the secretary.

Mitchell Lenczewski, representing the applicant, explained that Mr. Knaub would like to
construct a pole barn 40 feet by 80 feet by 12 feet. The parcel consists of 1.9 acres in the
Industrial District.

Mr. Young asked what kind of storage the building would be used for and Mr. Lenczewski said cars etc.

Mr. Mangan stated that this variance request is a confusing situation because it is a residential legal non-conforming use and an industrial use, which makes it a dual use.

Mr. Mangan said he wasn’t sure how to treat the request and feels he needs more time to look into it.

Chairman Fennhahn added that the Town adopted a new ordinance in June 2005 and he is not sure how to handle this request. The applicant may be asking for a greater non-conforming use.

Mr. Young noted that a use variance is very difficult to prove.

Chairman Fennhahn explained that this is a difficult request because there is a legal non-
conforming residential use on this parcel. The Board needs more time before making a
decision.

Mr. Lenczewski asked for an adjournment.

Chairman Fennhahn adjourned the meeting to April 10, 2005.

There being no further business, Chairman Fennhahn adjourned the meeting at 8:16 P.M. 



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

                                                                   
Zoning Board Minutes Archive