MINUTES OF MEETING                       

                                    October 8, 2007

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 October 8, 2007.

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
                     David Hess                Member
                     Vivian I. Mason        Secretary
                     Mark Grobosky        Attorney
                     Cindy Heid                Assistant Commissioner of Planning

MOTION made by Deputy Chairman Mangan that the Minutes of the meeting of September 10, 2007 be accepted. Motion was seconded by Mrs. Liebi. 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 Deputy Chairman Mangan. Unanimously carried.

OLD BUSINESS:

Case #1268 - VARIANCE - Roger L. Burdick, 5500 East Taft Road (Tax map #118-02-02.2):

The applicant is requesting a variance to decrease lot area from the Highway Overlay Zone District lot area minimum of 381,150 to 289,065 square feet for the purpose of a subdivision and zone change, also selling part of a parcel to North Syracuse Central School District.

(Standards of Proof were given at the August 13, 2007 meeting)

Chairman Fennhahn announced that the applicant has withdrawn their application.
Case #1273 - VARIANCE - Dave Charron, 5332 New York State Route 31 (Tax map #051.-01-10.2 & 051.-01-11.0):

The applicant is seeking a variance to decrease the lot area (with access) from 160,000 square feet to 130,731 square feet to decrease the allowable front yard minimum accessory setback from 115 feet to 51 feet, to decrease the allowable side yard minimum accessory structure, detached, from 50 feet to 20 feet on the western property line for the purpose of turning an existing house into office and retail space, existing barn and garage for equipment storage, and adding outdoor retail display area for the sale of plant material and landscaping accessories.

(Standards of Proof were given at the September 10, 2007 meeting)

Chairman Fennhahn explained that Mr Charron has an application for a zone change before the Town Board that is under consideration and parts or all of these variance requests may be withdrawn. This hearing is being adjourned until Town Board action is taken.

NEW BUSINESS

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

Case #1276 - Special Permit - Laurentiu (Larry) Fratostitanu, 4931 Ernest Way (Tax
map #077-27-16.0:

The applicant is seeking a special permit for the purpose of operating a home occupation of selling gifts (d.b.a. Studio Gift).

The public hearing notice was read by the secretary.

Mr. Fratostitanu explained that he has to work from the house. It was discovered that he had a home business when there was a problem with Syracuse Haulers regarding the cardboard he was putting out. It wasn’t being flattened, cut up and tied as required. As a result of this problem the Town became aware of his home business venture of selling rose petals for weddings etc.

His sales are via the internet. There is no customer business at the home. All business is via a post office box and all incoming and outgoing UPS business is once a day. There is no sign on the house as everything is mail order and sent out from the house so there is no negligible impact on the neighborhood.

Chairman Fennhahn asked where his business is located in the house and Mr. Fratostitanu said in the basement, with his stock stored in the garage.

Deputy Chairman Mangan asked Mr. Fratostitanu how big his basement was and he said 800 to 1,000 square feet.

Mr. Young asked if any customers come to the house and Mr. Fratostitanu said no.

Assistant Commissioner Heid noted that an in home occupation can’t use more than 25% of the first floor of the home or an accumulative of 500 square feet, whichever is less. Mr.
Fratostitanu said that the basement is also used for other things and he is using less than 500 square feet.

Mr. Young told Mr. Fratostitanu that he needs to give the Board a different diagram. Chairman Fennhahn added that Mr. Fratostitanu needs to rough out a diagram of the cellar and calculate the part used for the business.

Mr. Daugnault wanted to know if Mr. Fratostitanu could have walk up business. Chairman Fennhahn said he didn’t know if the Board could set limits.

Joyce Cirritto said there was nothing in the Town ordinance regarding home business and Ms. Heid said that it is in the ordinance. Attorney Grabosky further explained that it is in the definitions section. Ms. Cirritto said she didn’t want the neighborhood impacted with an in home business.

Chairman Fennhahn asked if there were any further comments or questions and there were none. Chairman Fennhahn asked for those opposed to granting the Special Permit and there were none. Chairman Fennhahn asked for those opposed to granting the Special Permit and Mr. Daignault said he was concerned about business being conducted out of a home.

Chairman Fennhahn said there were some aspects concerning in home businesses the Board needs to review.

Chairman Fennhahn adjourned the case to November 12, 2007.

Case #1277 - SPECIAL PERMIT - Michael Mastrogiavanni, 7640 Commander Circle
(Tax Map #085.-12-12.0):

The applicant is seeking a special permit for the purpose of operating a home occupation of selling fire arms (d.b.a SPUR Shooters Supply).

The public hearing notice was read by the secretary.

Michael Mastrogiavanni presented a packet of letters from neighbors and residents voicing no objections to his established gun business. Mr. Mastrogiavanni explained that in 1992 he applied for and received both a Federal Firearms and New York State License to buy and sell firearms. In 1995 the renewal form for his business there was a question asking if the firearms business was prohibited by zoning in his municipality. He contacted Mr. Keeler, who was the Commissioner of Planning and Development at the time and he issued a letter stating Mr. Mastrogiavanni’s property was in compliance with the Town of Clay ordinance. Former Commissioner George Keeler never put the name of Mr. Mastrogiavanni’s business on the letter and last year the ATF agent came to inspect Mr. Mastrogiavanni’s books and told him the letter was not sufficient for a renewal.

Mr. Mastrogiavanni added that he has a security system and stores the guns in three 500 pound safes. He has no signage and uses the Internet, word of mouth and gun shows to get customers. He can goes weeks between sales and then might transfer three guns in a week. A large part of his business in on the Internet. He has transferred fifty to sixty guns in the last two years. He does a background check through a system run by the FBI. He ships any firearms by traveling to the post office or to UPS. There is no common carrier pickup at his house. Mr. Mastrogiavanni concluded by assuring the Board that he runs a quiet business, some of his neighbors didn’t even know about his business, and his business does not disrupt the neighborhood.

Chairman Fennhahn asked Mr. Mastrogiavanni how he would go about doing business. Mr. Mastrogiavanni said that he goes to sportsman’s club’s and someone will ask him if he can get a particular gun and ask him how much it will cost and when the gun comes in Mr. Mastrogiavanni will call that person up and that person will come over to the house and pick up the gun.

Mr. Young asked Mr. Mastrogiavanni how many customers show up at his house and he said 50-60 in the past few years. 

Mr. Young asked if he kept an inventory of guns. Mr. Mastrogiavanni said not many. He
further stated that he had purchased the inventory of a local gun dealer who had recently died. 

Mr. Mastrogiavanni read the letter from former Commissioner Keeler. Attorney Grobosky stated that a municipality is not bound by the decision made by an employee which was made erroneously. 

Russ Mitchell asked Mr. Mastrogiavanni if he sold ammunition and he said no and doesn’t want to.

Joyce Cirritto asked how the Town can be sure anyone in this type of business is reliable and legitimate. Chairman Fennhahn commented that anyone else in this type of business would need to apply to the Town for a permit.

Mr. Mastrogiavanni said he has to be licensed by the the Federal Firearms and New York State, and the only ones that can look at his books are the ATF and the FBI.

Mike Banks, with the Bayberry Community Association, said their concern is traffic, but that didn’t seem to be an issue in this case, but they worry about the spreading of businesses and the setting of precedence. Chairman Fennhahn assured him that there is no precedence, each case is evaluated by itself.

A resident voiced concerns about the future, with more people coming in for home businesses. Chairman Fennhahn said the public needs to let the Town know about people doing business out of their homes. Assistant Commissioner Heid said that the person would need to sign an affidavit, but their names would not be given out unless it went to court.

Chairman Fennhahn asked if there were any further comments or questions and there were none. Chairman Fennhahn asked for those in favor of granting the Special Permit and Russ Mitchell spoke highly of Mr. Mastrogiavanni and said he would be comfortable with him in his own neighborhood. Mr. Dombroski, a neighbor, also was in favor of granting the Special Permit. Chairman Fennhahn asked for those opposed to granting the Special Permit and Helen Eckles said she didn’t wants shops opening up in a residential neighborhood.

Chairman Fennhahn said the Board need to review the ordinance with regard to home
businesses.

Chairman Fennhahn adjourned the case to November 12, 2007.


There being no further business, Chairman Fennhahn adjourned the meeting at 8:42 P.M. 



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


                                                                   
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