MINUTES OF MEETING                       

                               December 10, 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 December 10, 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
     Eugene Young               Member
     Karen Liebi                   Member
     David Hess                    Member
     Vivian I. Mason            Secretary
     Mark Grobosky           Attorney
     David Balcer                Town Planner

ABSENT:
     Charles V. Mangan      Deputy Chairman 

MOTION made by Mrs. Liebi that the Minutes of the meeting of November 12, 2007 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 #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.

Via an e-mail the applicant is asking that his application be withdrawn.

Case #1280 - SPECIAL PERMIT - Clayton J. Holland, Jr., 4 Kingman Road (Tax map #086-22-27.0):

The applicant is seeking a Special Permit to allow a Home Occupation at his residence selling firearms.

(The standards of proof were given at the November 12, 2007 meeting)

Chairman Fennhahn noted that Mr. Holland had told the Board at the previous meeting that his Internet business was about 90% and his incidental sales 10%. Chairman Fennhahn said the Board had since received a letter from his neighbor, Mr. Baiamonte, stating that he had no problem with Mr. Holland’s request being approved. He asked Mr. Holland if he had anything further to state.

Mr. Holland said he wanted to address the opposition by Mr. Spencer who is concerned about his business. He said he has had this business for fourteen years and hardly anyone, including his neighbors knew about it. Now, thanks to the article in the Bayberry Community Association newsletter many people know about it. He pointed out that eight of the eleven ads in the BCA newsletter are home occupation businesses.

Chairman Fennhahn asked if there were any further comments or questions and Mr. Seguin said he was concerned for Mr. Holland’s safety now that everyone knows his address.

Chairman Fennhahn asked for those in favor of granting the Special Permit and Mr. Mastrogiovanni and Bruce Fenster said they were in favor. Chairman Fennhahn asked for those opposed and there were none.

Chairman Fennhahn closed the hearing.

MOTION was made by Mr. Young in Case #1280 that the Special Permit be granted with the condition that there be no signage. Motion was seconded by Mrs. Liebi.

Roll call: Mrs. Liebi - in favor
Deputy Chairman Mangan - absent 
Mr. Young - in favor 
Mr. Hess - in favor
Chairman Fennhahn - against Carried.
The Special Permit is granted.

NEW BUSINESS

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

Case #1283 - Tammy Feldman, 120 Northfield Drive (Tax map #102-04-07.0):

The applicant is seeking a variance to reduce the allowed front yard setback from 25 feet to 12 feet for the purpose of constructing a proposed front yard addition to the existing residence.

Proof of publication was read by the Secretary.

Tammy Feldman said she just wants to put on a front deck with a roof so that she can go out without getting wet.

Chairman Fennhahn asked if she would like to address the Standards of Proof and she said she was not aware of what that meant. Chairman Fennhahn advised her that they were in the packet that the Planning Department gave her. She said her contractor had them. Chairman Fennhahn asked if she would like to come back next month so that she had time to prepare and she said yes.

Chairman Fennhan adjourned this case to January 14, 2008.

Case #1284 - VARIANCE - HUB Properties Trust c/o Reit Management & Research, LLC (Tax Map #021.01006.6):

The applicant is seeking a variance to reduce the site perimeter landscape strip from 30 feet to 13.98 feet for the purpose of adding 26 additional parking spaces to the lot under construction.

Proof of publication was read by the Secretary.

Robert Baldwin, the attorney representing the applicant, explained that additional parking places for Bryant & Stratton were already approved by the Planning Board at Site Plan approval, all they need is the variance.

Mr. Baldwin addressed the Standards of Proof:

1. It won’t detract from the character of the neighborhood since it’s a commercial area. 
It’s a shopping center so it won’t create an undesirable change.
2. There is no other feasible place, as this is where they belong.
3. Taking the total project into account they feel the variance request is not substantial.
4. There will be an adverse environmental impact, they’re just parking spaces and no one
will even notice them.
5. The need for the variance is self-created.

Chairman Fennhahn asked Mr. Balcer if he had any comment and he said that the Planning Board had asked Mark Weiss, their architect, to put them on the site plan for proposed future parking.

Chairman Fennhahn asked if there were any further comments or questions and there were none.  
Chairman Fennhahn asked for those in favor and Russ Mitchell said he is in favor, that Bryant and Stratton has been good for the Town. Chairman Fennhan asked for those opposed to granting the variance and there were none.

Chairman Fennhahn closed the hearing.

MOTION was made by Mr. Hess in Case #1284 that the variance be granted with the condition that the parking spaces be in substantial compliance with Exhibit “2”, dated November 16, 2007. Motion was seconded by Mrs. Liebi.

Roll call: Mrs. Liebi - in favor
Deputy Chairman Mangan - in favor
Mr. Young - in favor 
Mr. Hess - in favor
Chairman Fennhahn - in favor Unanimously carried.

The variance is granted.

There being no further business, Chairman Fennhahn adjourned the meeting at 8:04 P.M. 


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



                                                                   
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