MINUTES OF MEETING                       

                                              June 12, 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 June 12, 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
                     Eugene Young           Member
                     Karen Liebi               Member
                     Harold Henty            Member
                     Vivian I. Mason        Secretary
                     Mark Grobosky        Attorney
                     Cindy Heid                Assistant Commissioner of Planning and Development

ABSENT:    Charles V. Mangan   Deputy Chairman 

MOTION made by Mr. Young that the Minutes of the meeting of May 8, 2006 be accepted. Motion was seconded by Mrs. Leibi. 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 VanHoesen 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 the applicant if he had anything to add and Mr. Morse said the drainage was taken care of.  Chairman Fennhahn noted that the concerns for the height of the barn with regard to the airport were investigated and that it wasn’t a problem. He informed the applicant that the Board will consider the variance to be from 200 feet to 100 feet rather than to 75 feet.

Chairman Fennhahn closed the hearing. The Board has 62 days to render a decision.

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 May 8, 2006 meeting)

Chairman Fennhahn announced that the applicant has withdrawn their request.

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 May 8, 2006 meeting)

Chairman Fennhahn announced that the applicant has withdrawn their request.

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 announced that the applicant has requested an adjournment and that the hearing is adjourned to July 10, 2006.

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.

(Standards of proof were given at the May 8, 2006 meeting)

Mr. Oliver presented a new set of plans.

Mr. Young asked to see a footprint of the proposed construction. Chris Haberer of Cad
Systems Management explained the footprint. Mr. Young stated he is satisfied if it is built according to plans.

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 the granting of the variance and there were none.

MOTION was made by Mr. Young in case #1227 that the variances be granted with the
condition that the improvements be in substantial compliance with Exhibit “A”, “A-1” and “B”.  Motion was seconded by Mr. Henty.

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

NEW BUSINESS

Case #1229 - VARIANCE - Joe Janowski, 7608 Oswego Road (Tax map #094-01-
08.1:

The applicant is seeking an variance to reduce the front yard setback from 100 feet to 61 feet for the purpose of building a Kinney Drug Store.

Architect Peter Chrissey presented a corrected site plan to the Board.

Mr. Janowski addressed the standards of proof:

1. He feels the proposed Kinney Drug Store will be in character with the
neighborhood, as it would be within the shopping center, that already has out
parcels.

2. He feels there is no other feasible method, because Kinney Drugs wants a stand
alone store near an entranceway.

Chairman Fennhahn suggested that they more the building to the south, since he feels there is a safety and traffic issue, because of the number of walkers and cars that use that entrance to the plaza. Chairman Fennhahn suggested that perhaps they should also consider making the building elongated.

Mr. Janowski explained that Kinney Drugs wants to use one of their standard buildings.

3. Mr. Janowski said he does not feel the variance is substantial. They’re only
asking for 39 feet.

4. He does not believe there will be any adverse impacts on traffic.

Chairman Fennhahn stated that he felt there would be more traffic impact considering the
placement of the building.

5. Mr. Janowski said he didn’t fell the need for the variance was self-created, because
it is the tenant that wants the stand alone parcel.

Chairman Fennhahn said he was in disagreement, that he feels the need for the variance is self-imposed.

Mr. Janowski said this is a strong tenant for the Bayberry area and didn’t think any other drug store would want anything but an out parcel. He added that they are willing to build an aesthetically acceptable building.

Mr. Young inquired about storage and Mr. Crissey said there would be 800 square feet. Mr. Janowski added that it would be about the same square footage that they have now.

Mr. Henty asked if they would consider moving the building to the south and Mr. Janowski said it was a possibility.

Chairman Fennhahn said he felt they could move it down. Mr. Janowski countered that it
might obstruct the Oswego Road entrance. Chairman Fennhahn commented that he felt it was an option to move the building or elongate it. Mr. Janowski said they could move it south a little. He added that traffic consists of about eight cars an hour.

Mrs. Liebe asked about delivery trucks. Mr. Crissey said they would deliver to the back of the store.

Mr. Henty said he would like to see alternative plans for the placement of the store.

Chairman Fennhahn asked Assistant Commissioner Heid if she had any comments and she addressed the issue of the County’s requirement of a 140 foot arterial setback. Since the Town’s requirement is more restrictive, the Town restrictions apply. She also noted that there are a lot of pedestrians at that corner.

Chairman Fennhahn asked if the Board or anyone in the audience had any further comments or questions.

Joyce Cirrito asked when deliveries would be made and Mr. Janowski said prior to 8:00 A.M. 

June Baycura said she felt deliveries could be a problem traffic wise. Joyce Cirrito added that trucks would block traffic.

Mr. Henty said because there was a lane at the back of the store, he didn’t see a problem with trucks making deliveries.

There were no further comments or questions. Chairman Fennhahn adjourned the hearing to July 10, 2006.

There being no further business, Chairman Fennhahn adjourned the meeting at 8:30 P.M. 



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



                                                                   
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