MINUTES OF MEETING                       

                                                 May 8, 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 May 8, 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
                     David Tessier                Commissioner of Planning and Development

MOTION made by Deputy Chairman Mangan that the Minutes of the meeting of April 10, 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 Mrs. Liebi. Carried.

OLD BUSINESS:

Case #1213 - VARIANCE - Jay D. Morse, south side of Ver Plank Road, 800 feet east of Van Hoesen 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.

(Standards of proof were given at the March 13, 2006 meeting)

Chairman Fennhahn asked Jay Morse if the storage building would be stick built and Mr. Morse said yes, no metal siding. It will be vinyl siding and will have a double door.

Mr. Henty asked if he would be renting any of the building for storage and Mr. Morse said he might.  Mrs. Liebi asked if he had repositioned the building and Mr. Morse said yes, and that he would also be taking care of the neighbor’s drainage concerns, with or without the variance approval.

Chairman Fennhahn noted that the applicant had a drawing of the stick building structure, had included the roof pitch, that it would have asphalt shingles, vinyl siding and a concrete floor.

Raymond Florczyk voiced concern about the height of the building and whether it would
interfere with the flight patterns into the airports.

Mr. Morse stated that the height of the structure would be 25 feet at the peak.

Chairman Fennhahn asked Commissioner Tessier to calculate the distance required for the flight pattern in relation to Mr. Morse’s structure and Commissioner Tessier agreed to do that.

Tom Eagan voiced his concerns with the curve in the road near the entrance/exit to Mr. Morse’s proposed building.

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 and those opposed to granting the variances and there were none.

Chairman Fennhahn adjourned the hearing to June 12, 2006.

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. (Adjourned at the February 13, 2006 meeting)

Commissioner Tessier stated that he has not hear anything from the applicant. Chairman
Fennhahn asked the Commissioner to contact the applicant and inform them that the hearing will be adjourned to June 12, 2006 and the Board will vote at that time.

Chairman Fennhahn adjourned the hearing to June 12, 2006.

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

The applicant is seeking a use variance to allow the construction of a barn for residential
purposes in an industrial zone. (Adjourned at the March 13, 2006 meeting)

Chairman Fennhahn said the applicant has requested an adjournment.

Chairman Fennhahn adjourned the hearing to June 12, 2006.

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

The applicant is seeking a variance 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 at the April 10, 2006 meeting)

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

Chairman Fennhahn said the applicant has requested an adjournment.

Chairman Fennhahn adjourned the hearing to June 12, 2006.

NEW BUSINESS

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

Case #1226 - VARIANCE - Thomas Milazzo, 9 Forester Road (Tax Map #086-24-
16.0):

The applicant is seeking a variance to reduce the side yard set back from 12 feet to 9 feet for the purpose of adding an addition to the garage.

The Secretary read the proof of publication.

Mr. Milazzo explained that he would like to construct a one story addition on his house for additional storage.

Mr. Milazzo addressed the standards of proof:

1. He feels the addition will not be an undesirable change to the character of the
neighborhood. The addition will match the materials of the house.
2. Because he needs to access the storage from the driveway to the garage, there is
no other feasible placement of the addition.
3. He does not feel the variance is substantial as he is only requesting three feet.
4. He does not believe there will be any adverse effect or impact on the
neighborhood and feels the addition will be an improvement.
5. His family and belongings have grown. The need for the variance is self-created

Chairman Fennhahn asked Commissioner Tessier if he had any comments and he said he had no problem with the addition.

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 and those opposed to granting the variances and there were none.

Chairman Fennhahn closed the hearing.

MOTION was made by Mr. Young in case #1226 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 noted that the variance is granted.

Case #1227 - VARIANCE - Mark J. Oliver, 4127 Birchwood Drive South (Tax Map
#081-14-09:

The applicant is seeking a variance to reduce the front yard setback from 25 feet to 17.5 feet, the east side setback from 22.55 feet to 6 feet, and the west side setback from 11.5 feet to 6.2 feet for residential purposes.

The Secretary read the proof of publication.

Mr. Oliver explained that when the house was built the surveyor and the developer make an error and the garage was built on the opposite side that it should have been according to the plans. He now wants to build an addition to the rear of the house to within 6 feet of the east side of the lot.

Mr. Oliver addressed the standards of proof:

1. He doesn’t feel it will detract from the character of the neighborhood. He is
enclosing the back area to tie the house all in together.
2. Due to the layout of the yard, there is no other feasible way without a variance.
3. He doesn’t feel the variance is substantial. 
4. He believes it will be an upgrade and that there will be no adverse environmental 
impact on the neighborhood.
5. The need for the variance is self-created

Mr. Young said he didn’t feel he could make a decision without knowing the construction and what it will look like.

Mr. Oliver said that it would be vinyl sided, that the pitch of the roof depends on the way it lays with the other roofs.

Commissioner Tessier suggested that perhaps the Board needs to see a roof line projection. This may have an impact on the 6 foot setback.

Chairman Fennhahn asked if the Board or anyone in the audience had any further comments or questions and there were none. 

Chairman Fennhahn adjourned the hearing to June 12, 2006.

Case #1228 - VARIANCE - Anthony & Chauncine Kennedy, 7612 Autumanal Lane
(Tax Map #096-22-01):

The applicant is seeking a variance to reduce the side yard set back from 25 feet to 13 feet for the purpose of building onto an existing garage and converting the existing garage into habitable space.

The Secretary read the proof of publication.

Chauncine Kennedy explained that she wants to add two rooms to her house for her
grandmother. The garage will become the two rooms and the addition will become the
garage. It will be one story, no kitchen and aluminum sided.
Ms. Kennedy addressed the standards of proof:

1. She feels there will not be any visual encroachment and that the addition will
increase the value of their home. She feels it will not detract from the character
of the neighborhood.
2. Due to the easement and Town drainage area she does not feel there is any other
feasible method to add the addition without the variance.
3. She does not feel the variance is substantial. 
4. She does not believe there will be any adverse impacts on the neighborhood.
5. The need for the variance is self-created

Chairman Fennhahn asked Commissioner Tessier if he had any comments and he said he felt the applicant made a very good presentation and that he was glad she decided not to build a second story. He saw no problem with the addition.

Chairman Fennhahn commented that he didn’t feel there would be any visual impact on traffic.

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 and there was one. He asked for those opposed to granting the variance and there
were none.

MOTION was made by Deputy Chairman Mangan in case #1228 that the variance be granted with the condition that construction be in substantial 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 noted that the variance is granted.

There being no further business, Chairman Fennhahn adjourned the meeting at 8:35 P.M. 


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


                                                                   
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