MINUTES OF MEETING                       

                                   February 12, 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 
February 12, 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
                     Harold Henty                 Member
                     Vivian I. Mason             Secretary
                     Mark Grobosky            Attorney
                     Cindy Heid                    Deputy Commissioner of Planning and Development

ABSENT:   None

MOTION made by Deputy Chairman Mangan that the Minutes of the meeting of December 11, 2006 be accepted. Motion was seconded by Mrs. Liebi. Unanimously carried. 

MOTION was made by Chairman Fennhahn to adopt the 2007 schedule of submittal dates for cases to be heard by the Zoning Board of appeals. Motion was seconded by Mrs. Leibi. Unanimously carried.

MOTION was made by Chairman Fennhahn scheduling the 2007 meeting dates for the Zoning Board of Appeals as the second Monday of each month. Motion was seconded by Deputy Mangan. Unanimously carried.

OLD BUSINESS:

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 feet to 90 square feet, 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.

David Razzante of Metropolitan Signs and David Essig, Hickory Hill Golf Club were present. Mr. Razzante explained that they had a new drawing and had modified some of their variance requests.

Chairman Fennhahn told them they may need to re-advertize. He noted that the Board had requested that they stake out the requests and that it be surveyed and that that had not been done. The former Commissioner of Planning and Development had sent them a letter dated July 12, 2006 to that effect. He added that the sign ordinance is currently being rewritten and that the Board doesn’t want to take action on Mr. Essig’s request until that is completed.

Attorney Grobosky noted that if the Zoning Board took action, they would be acting in a legislative capacity and they cannot do that.

Chairman Fennhahn suggested that this case be adjourned to June. Meanwhile the Board will review their plans and determine if it needs to be re-advertized.

Chairman Fennhahn adjourned this case to June 11, 2007.

Case #1250 - VARIANCES - Family Home Video Movie Club, 7666 Morgan Road
(Tax map #095-02-05):

The applicant is seeking an amended application for a Variance to reduce the front arterial setback (Morgan Road) from 140 feet to 124 feet, the side yard setback from 25 feet to 12 feet, and the rear yard setback from 25 feet to 12 feet, for the purpose of building a Family Video Movie Club.

(Standards of Proof were given at the December 11, 2006 meeting)

John Sciarabba of Land Tech and Todd Bezenah of Family Video were present.

Mr. Sciarabba stated that the Planning Board reviewed the site plan and had asked for three changes regarding moving the dumpster, the sign and labeling the emergency exit doors, which they have done. They are in hopes that the Zoning Board of Appeals will look favorably at their request.

Chairman Fennhahn noted that at the December meeting their site plan did not show the center line of Morgan Road, that an additional variance might be needed and in that regard the applicant might need to amend their request and re-advertize. He commented also that the Onondaga County Planning Board had concerns regarding their driveway.

Mr. Sciarabba said they have re-modified the plans.

Deputy Chairman Mangan asked if the setbacks changed at all on the plans and Mr. Sciarabba said there were no changes.

Chairman Fennhahn asked if there were any further questions from the Board or the audience and there were none.

Chairman Fennhahn asked Ms. Heid if she had any comments and she said the only comment she had was that she thought it was a good use.

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

MOTION was made by Mr. Henty to grant the variances in the amended application with the following conditions: 1} that it be in substantial compliance with Exhibit “A” the site plan dated October 17, 2006 and revised February 12, 2007 and 2} that it be subject to site plan approval by the Town of Clay Planning Board. 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 confirmed that the variances had been approved as requested.

NEW BUSINESS:

Case #1252 - SPECIAL PERMIT - HGT Enterprises, LLC, 7145 Henry Clay
Boulevard, (Tax map #115-02-17):

The applicant is seeking a Special Permit to allow a non-conforming use to be changed to
another non-conforming use for the purpose of establishing an animal care dog grooming
business.

Greg Tieman and Heidi Grosser of Cameo Grooming and Deborah Voss the owner of the
building were present.

Ms. Voss explained they applied for a non-conforming use in 2006 as the code changed to O-2.  The Commissioner of Planning determined that in his opinion under the previous C-2 zoning personal use services were allowed and since it was a continuing use as personal use site plan approval was not needed. She said that when the modeling agency was there, she felt as a personal service and training use it then became a non-conforming use when the zone changed.

After some discussion, Chairman Fennhahn asked exactly where was the non-conforming use.

Ms. Voss said that career development included services regarding skin and hair care, grooming etc. available to members of Shiver.

Chairman Fennhahn asked what the use was in 2005 and Ms. Voss said Shiver modeling and talent management.

Mr. Henty asked if he could get his hair cut and Attorney Grabosky asked if he could come in and get his hair or nails done.

Ms. Voss said no, those services were only available to members.

Mr. Tiemann gave an overview of the dog grooming business they would like to put in Ms. Voss’s building. They would handle approximately ten dogs a day for grooming and
approximately ten dogs a day in day care, with no overnight boarding. They will not be tying any dogs up outside. 

Chairman Fennhahn voiced concern for the parking lot adjacent as the maid service personnel are constantly using the lot.

Mr. Tiemann went over the six standards of proof:

1. This business would not be injurious to the neighborhood, that they also had the
neighbors support.
2. Their site plan is complete.

Mr. Young asked if there would be any interior changes and Mr. Tiemann said they will be removing a wall. They have resolved the parking with the County, there will be two parallel parking spaces in the front and drop offs and pick ups will only take a few minutes. The dog care drop off will be in the back.

3. There are no existing violations.
4. Since there are no changes to the nature and intensity of the operation they feel
there is harmony with the surrounding development.

Ms. Voss added that Shiver had about 40 to 50 fourteen to seventeen years old, two days a week, Saturday and Sunday.

5. Again as there will be no changes to the outside of the building Mr. Tiemann
feels it won’t impair the adjacent businesses.
6. They don’t feel there will be any noise, fumes, etc. to the neighborhood.

Chairman Fennhahn inquired about the noise and Mr. Tiemann said the walls were concrete and they are 80% sound proof, so they feel this business will not have an injurious impact on the neighborhood.

Deputy Chairman Mangan stated that Animal Care is in Residential Agrcultural zoning in other parts of the town and asked why they hadn’t looked there.

Mr. Tiemann said it had to do with location and they felt this was a good place for their
business. The setup of this building makes it desirable for their grooming business.

Deputy Chairman Mangan said he felt barking dogs were a concern and Mr. Tiemann said he found information on the Internet that the cement block walls block 80% of the noise. Heidi Grosser added that they have ways of handling dogs, that keeps them from barking. 

Chairman Fennhahn asked Deputy Commissioner Heid if she had any comments and she said that should they alter the building, they will need a building permit.

Chairman Fennhahn asked if there were any further questions from the Board or the audience and there were none.

Chairman Fennhahn asked for those in favor of granting the variance and there were two, Bill Evertz (who represents Ms. Voss) and Steve Pierce of 116 Durango, Town of Salina. 
Chairman Fennhahn asked for those opposed and there were none.

Chairman Fennhahn noted that there are legal concerns that need to be reviewed.

Chairman Fennhahn adjourned the case to March 12, 2007.

Case #1253 - SPECIAL PERMIT - Grace Grosso, 16 Elderberry Lane (Tax map #086-
23-77):

The applicant is seeking a Special Permit to allow an in home occupation of a hair salon.

Mrs. Grosso stated that they have turned one of the bedrooms into a hair salon a ten by twelve room next to the garage. She operates it three to four days a week, mostly afternoons and some evenings, Tuesday through Saturday. There will be no changes to the outside of the house. They have a driveway that can accommodate five cars.

Chairman Fennhahn asked how the people would enter the salon and Mrs. Grosso said through the front door or through the garage.

Deputy Commissioner Heid stated that if the entrance was through the garage there would need to be a fire wall and a hallway with a separate entryway.

Mrs. Grosso said in that case they would use the front door.

Chairman Fennhahn asked if there were any further questions from the Board or the audience and there were none.

Chairman Fennhahn asked for those in favor of granting the variance and there was one. 
Chairman Fennhahn asked for those opposed and there was one, June Baycura, President of the Bayberry Community Association. She voiced concerns with traffic and parking on the street, as Mrs. Grosso’s house is on the curve of the loop.

Mrs. Grosso said it wasn’t a through street, so traffic shouldn’t be a concern.

Mr. Grosso commented that the only people who will be coming to the salon will be people
who know about it. It will not be a drive by shop.

Deputy Commissioner Heid noted that the applicant can only have a two square foot sign, for identification only.

Chairman Fennhahn closed the hearing.

MOTION was made by Mrs. Liebi in case #1253 that the Special Permit be granted to allow an in home occupation for a hair salon with the condition that it be in substantial compliance with Exhibit “A” and “B” and that there be no personal or business parking on the street in connection with the business. 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 confirmed that the Special Permit is approved.

There being no further business, Chairman Fennhahn adjourned the meeting at 8:55 P.M. 



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

                                                                   
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