MINUTES OF MEETING                       

                                             July 10, 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 July 10, 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 Mrs. Liebi that the Minutes of the meeting of June 12, 2006 be accepted. Motion was seconded by Mr. Young. Deputy Chairman abstained because he was absent from the June 12th meeting. 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. Mangan. Unanimously 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 noted that the survey had been clarified.

Chairman Fennhahn closed the hearing.

MOTION was made by Mrs. Liebi in case #1213 that a variance be granted reducing the front yard setback from 200 feet to 100 feet, and that construction be in substantial compliance with Exhibit “F”.  Motion was seconded by Mr. Henty.

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 #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 at the April 10, 2006 meeting)

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

Neither the applicant nor their representative were present. Chairman Fennhahn asked Assistant Commissioner Heid to contact the applicant and inform them that if they do not appear at the next meeting the application may be denied.

Chairman Fennhahn adjourned the hearing to August 14, 2006.

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

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

(Standard of proof were given at the June 12, 2006 meeting)

Joe Janowski presented plan B and plan C. Plan B places the building further south. Plan C places the building even further to the south; if this plan is used however, the applicant would like to move the curb cut. They do not know if the Onondaga County Department of
Transportation would allow that.

Mr. Young pointed out that with Plan C vehicles entering would have to go around the store to get to the other part of the shopping plaza.

Mr. Janowski said he felt the parking was better with Plan C.

Chairman Fennhahn stated that the Board would like documentation as to what variances are actually needed for both plans and that the drawing be accurate in these details.

Mr. Young noted that Plan B may be asking for a larger variance and if that was the case their variance request would need to be re-advertized. He would like the distance for the variances be included on Plan B.

Assistant Commissioner Heid pointed out that the request for the new curb cut on Plan C
should be re-submitted to the County for their approval/recommendation.

Chairman Fennhahn asked if there were any further questions and Bob Trombly asked how the Board determines whether to allow a variance. Chairman Fennhahn gave a brief overview.

Chairman Fennhahn asked for those in favor and those opposed to granting the variance and there were none.

Chairman Fennhahn adjourned the hearing to August 14, 2006.

NEW BUSINESS:

Chairman Fennhan announced that he had asked the Board members if they have visited the sites for each case and they all said they had.

Case #1230 - VARIANCES - AJM Management, 5100 West Taft Road (Tax map
#117-01-01.1:

The applicant is seeking variances to reduce the west side setback from 75 feet to 34 feet and to reduce the parking spaces from 84 spaces to 63, for the purpose of constructing a Kinney Drug Store.

Steve Primo the attorney representing the applicant, gave a an overview of the proposed Kinney Drug Store on Taft Road, near the North Medical building. He explained that most Kinney Drug stores are 14,000 square feet and have 57 to 63 parking spaces, so it is not unusaul for them to have less spaces than required. They believe that the drive through eliminates the need for the required number of spaces.

Attorney Primo addressed standards of proof:

1. He feels that because the property is zoned regional commercial it will not be of
undesirable character to the neighborhood. It is a permitted use.
2. Because there is limited space, there is no other feasible method than a variance
to reduce the parking space requirement. Many of their stores have 57 to 63
parking spaces and it is sufficient.

Mr. Fennhahn asked Attorney Primo to identify the number of parking spaces in relation to the size of other Kinney Drug stores, which he then did.

3. He does feel the variance is substantial
4. He does not believe there will be any adverse environmental impact as they will
have a structure to improve storm water distribution.
5. The need for the variance is self-created

John Murphy of AJM Management, stated that the road would be built to Town standards and dedicated to the Town. There will also be a traffic light. Attorney Primo added that the Town Board will address any other concerns.

Mr. Mangan said he felt the new road and traffic light will be an improvement.

Chairman Fennhahn noted that the side setback is not required, therefore it is not needed.

Mr. Trombley asked for clarification on the location of the road.

Ms. Dionne, who lives across the street on Taft Road, inquired about the pond and the traffic.  Mr. Primo said he felt the traffic light should help her get out of her driveway more easily.

Assistant Commissioner Heid had no comment.

Chairman Fennhahn asked if there were any further comments or questions and there were none. He asked for those in favor of granting the variances and Russ Mitchell said he felt it would be a vast improvement and he felt that 63 spaces was ample. Chairman Fennhahn asked for those opposed to granting the variance and there were none.

Chairman Fennhahn closed the hearing.

MOTION was made by Mr. Henty in case #1230 that the variance for the reduction of the west side yard setback from 75 feet to 34 feet be denied, as it is not needed and the variance for reduction of parking spaces from 84 to 63 be granted, with the condition that the proposed road shown on Exhibit “A” be constructed to Town specifications. 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.

Case #1231 - VARIANCE - Tracy Melvin, 4887 Orangeport Road 9Tax map #041-03-
16.0:

The applicant is seeking a variance to reduce the side yard setback from 25 feet to 15 feet for the purpose of building a garage.

Tracy Melvin explained that he wanted to build a garage to fit two cars.

He addressed standards of proof:

1. He does not think the garage will not be an undesirable change to the character
of the neighborhood. The neighbors, Linda and Geordie Magee sent
documentation indicating that they do not object to his plans to add the garage,
and for the variance to be granted.
2. Because the septic system is directly behind his home, there is no other feasible
place to build a garage.
3. He believes the variance is substantial
4. There will be very little excavation so he feels there will be no adverse impact on
the neighborhood.
5. The applicant stated that theneed for the variance is self-created

Chairman Fennhahn asked Assistant Commissioner Heid if she had any comments and she 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 #1231 that the variance be granted, with the
condition that construction be in substantial 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 noted that the variance is granted.

Case #1232 - VARIANCES - Syracuse SMSA Limited Partnership, d/b/a Verizon
Wireless, 8313 Henry Clay Boulevard (Tax map #060-02-17.0):

The applicant is seeking variances to reduce the side yard setback from 175 feet to 71 feet and the rear yard setback from 175 feet to 76 feet for the purpose of constructing a 150 foot telecommunications tower.

Daniel Silber, attorney for the applicant, stated that it is a permitted use with the granting of a Special Permit from the Town Board. They feel the location for the telecommunications tower will be the furthest from the residents. The existing dirt road that will go to the tower will be widened.

Mr. Young asked how far the base of the tower would be from 481 and Attorney Silver said 140 feet. Mr. Young noted that if the tower fell ten feet of it would fall on Route 481.

Attorney Silber said he talked to Mr. Egloff of the New York State Department of
Transportation and that Mr. Egloff felt that if they moved the tower ten feet to the north it
would satisfy their objections.

Mr. Young pointed out that the Town requires 25 feet plus the height of the tower and that
they could move the tower 25 feet to the north. He said he was concerned about Route 481, if the tower should ever fall in that direction.

Ed Frawley, Regional Engineer of Tectronic Engineers said they wanted it further from the residents and that they would put stress points so if it fell it would be within the parcel.

Assistant Commissioner Heid stated that according to the Town zoning code the setback
should be the height of the tower plus 25 feet.

Mr. Henty asked why they couldn’t move it back further and Mr. Silber said they couldn’t shift it into Niagara Mohawk’s twenty foot easement, so it would have to go back even further.

Mr. Frawley reiterated that they could build the tower with stress points.

Mr. Silber addressed standards of proof:

1. He commented that because it is a telecommunications tower the standards are
relaxed. The applicant also feels there will be no undesirable change to the
character of the neighborhood.
2. There is no other feasible method, to reduce the height of the tower because it 
would not give them the needed coverage.
3. They do not feel the variance is substantial.
4. They do not believe there will be any adverse environmental effect or impact on
the neighborhood.
5. They feel that to some degree the need for the variance is self-created.

Assistant Commissioner Heid said she had no further comments.

Kevin Bryne said that putting the tower in the middle of his property would ruin the property.

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 #1232 that the variances to reduce the side yard setback from 175 feet to 81 feet, and the rear yard setback from 175 feet to 76 feet be granted., with the condition that the tower is to be self supporting with stress points so that it falls within Mr. Byrnes property. 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 variances are granted.

Case #1233 - VARIANCE - American Granby, Inc., 7652 Morgan Road (Tax map
#095-02-04.0):

The applicant is seeking a variance to increase from the allowed one wall mounted sign to two wall mounted signs.

Gary Palley, Vice President of Sales and Marketing for American Granby said they would like a second building sign to be placed on the north face, the Buckley Road side. It will be a duplicate of the one on the Morgan Road side. The sign will be 1% if the building space.

Mr. Palley addressed standards of proof:

1. They feel there will be no major or minor detriment to the character of the
neighborhood. They feel the building blends well with the surroundings, and
there will be no illumination.
2. They feel a wall sign will be better than a monument sign which would be
visually detrimental.
3. They feel the variance is not substantial
4. They believe there will be no adverse environmental impact on the
neighborhood.
5. The need for the variance is self-created due to the nature of the building. The
property is on the corner and they need signs on both sides so that customers
can find them.

Chairman Fennhahn asked if there were any further questions and there were none. He asked for those in favor of granting the variance and Russ Mitchell said he felt the building needs the identification on both sides if the building. Chairman Fennhahn asked for those opposed to granting the variance and there were none.

Chairman Fennhahn closed the hearing.

MOTION was made by Mr. Mangan in case #1233 that a variance be granted to allow two wall mounted signs rather than the one sign allowed by the Zoning code. Putting his reasoning on record, he added that the building is in a unique location at the junction of two of the major roads in the Town. It is not technically a corner lot since there is a commercial establishment at the exact corner. However, there are entrances from both roads into this property. Mr. Mangan concluded that he believes that signs facing each road will enhance being able to find the establishment and will not detract from the surrounding environment. Motion was seconded by Mr. Young.

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 added that he feels identification of the building is an improvement safety wise. He noted that the variance is granted.

Case #1234 - VARIANCE - Northside Baptist Church, 7965 Oswego Road (Tax map
#080-01-02.1):

The applicant is seeking a variance to reduce the front yard setback from 100 feet to 41 feet for the purpose of building two additions to the Northside Baptist Church.

Architect Richard Wicks, Senior Pastor Bruce Aubry and John Thomasmeyer were present.

Mr. Wicks located the property, which is located along Route 57. They have purchased the former McDonalds Restaurant property and they share the parking lot with Seneca Mall. They would like to make additions to their church.

Chairman Fennhahn said he would like documentation showing shared parking and Mr. Wicks presented a copy to the Board.

Mr. Wicks stated that they need additional class rooms, social hall, music room etc.

Pastor Aubry said they want to have more youth programs as their ministry has increased.

Mr. Wicks said they plan on consolidating all the parcels eventually when all the parcels are purchased. They need to talk to the Town about taking over Gettman Road. They want to reverse sub-divide and ask for a re-zoning to RC-1 Regional Commercial.

Mr. Wicks addressed standards of proof:

1. They feel the addition will not be an undesirable change to the character of the
neighborhood.
2. Without the variance, they feel there is no other feasible way to accommodate the
growth of their church membership without adding the additions to the church,
and the only place for any additions is to the south.
3. They do not feel the variance is substantial
4. They believe there will be no adverse impact on the neighborhood. They plan
to seed and improve the McDonalds property.
5. They do not feel the need for the variance is self-created, as the membership has
increased and thus they need the additional room.

Chairman Fennhahn asked Assistant Commissioner Heid if she had any comments and she asked how Ms. Marlow who lives on Oswego Road/Gettman Road would access her property.

Mr. Wicks said either through Seneca Mall or the church property. They could do an easement or right of way.

Linda Marlow voiced concern with being cut off with regard to herself and her customers.

Chairman Fennhahn suggested that she write to the Town Supervisor and state her concerns if Gettman Road is closed off.

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 #1234 that a variance be granted with the
condition that the variance be limited in its application to Exhibit “A” and specifically being limited in its application to the part of Exhibit “A” labled “proposed addition” and “proposed future expansion”. 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.

There being no further business, Chairman Fennhahn adjourned the meeting at 10:05 P.M. 



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


                                                                   
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