MINUTES OF MEETING                       

                                    April 9, 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 April 9, 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 and 
                                                                Development 

ABSENT:
                     None

MOTION made by Deputy Chairman Mangan that the Minutes of the meeting of March 12, 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:

None.

NEW BUSINESS:

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

Case #1255 - VARIANCES - Mark Emmi, 7907 Morgan Road (Tax map #081-29-11.0):

The applicant is seeking a variances to reduce the lot area from 26,250 square feet to 15,000 square feet, to reduce lot frontage from 140 feet to 105 feet, and to reduce the designated highway setback from 140 feet to 71.75 feet for the purpose of creating a three lot subdivision. This variance is for lot #1, an existing framed house, proposed lots #2 and #3 will conform.

Hal Romans, surveyor, explained that the house on lot #1 was built in 1840 and in non-
conforming to the required setbacks.

He addressed the Standards of Proof:

1. They feel it will not be detrimental to the character neighborhood, as the house
to the north and the one to the south are also closer to the road.

Mr. Young asked why they need the variances since the house is already there and is legally non-conforming.

Mr. Romans said because the whole parcel is one tax map number and that the portion north of the house is farmed.

Deputy Chairman Mangan commented that he hoped Mr. Romans could explain why they
can’t conform the house.

Attorney Grobosky noted that the house could be pushed back into lot #2 and lot #2 could
be extended back into lot #3.

2. He stated that they believe there is no other feasible method. Moving the house
back would eliminate some of the land that Mr. Emmi uses for farming.

Deputy Chairman Mangan asked if the driving force for this variance was the desire to build another home on this lot while continuing to farm. Mr. Romans agreed that this was the case.

3. He does feel that the area variance is substantial.
4. He believes there will be no adverse effect on neighborhood. In fact they feel it
will be an improvement, since Mr. Emmi, is going to connect to the sewer and
construct a sewer main that will service lot #1 and lot #2. Lot #1 is presently
on a septic tank.
Chairman Fennhahn noted that in the future, sewers will go in on Morgan Road, and couldn’t Mr. Emmi wait until then, since putting in a sewer main will be expensive. Chairman Fennhahn also noted that if the house was torn down for any reason a new house could then be constructed to the code with no need for a variance. He didn’t feel this was a valid reason for granting variances. Additionally, he pointed out that the Onondaga County Planning Board recommended denial, so this board’s vote would need to be a majority vote plus one.

5. Mr. Romans stated that the variance is self created.

Chairman Fennhahn asked Assistant Commissioner Ms. Heid if she had any comments and she stated that the Onondaga County Planning Board’s recommendation of disapproval was that they do not endorse the creation of nonconforming lots, and encouraged the Town to uphold its Ordinance. She further stated that the Town Planning Board’s recommendation to the Zoning Board was that lot #1 be expanded.

Chairman Fennhahn asked if there were any further questions and there were none. He asked for those in favor those opposed to granting the variances and there were none.

Chairman Fennhahn that the Board needs to review and evaluate the applicant’s request. He adjourned the hearing to May 14, 2007.

Case #1256 - VARIANCE - Samuel Bartorillo II, 8191 Maple Road (Tax map #073-
01-08.0:

The applicant is seeking a variance to reduce the front yard setback from 75 feet to 72 feet for the purpose of a new home that was constructed over the front building line.

Mr. Bartorillo II admitted that he made a mistake. They didn’t consider the fifteen foot right of way and lost track of the three feet. He’s not sure exactly how it happened.

Presented the Standards of Proof:

1. He doesn’t believe this variance will produce an undesirable change to the
character to the neighborhood, since one neighbor is 900 feet away and the
other 400 feet away. 
2. The only other feasible method than to obtain this variance would be to tear
down the house.
3. Mr. Bartorillo II does feel the request is substantial.
4. He does not believe allowing the variance will have an adverse effect on the
physical or environmental conditions in the neighborhood. In fact, he built a
retention pond.
5. He admits that the request is self created

Deputy Chairman Mangan asked the applicant that if the house was demolished would he
rebuild it back further and Mr. Bartorillo II said yes he would. There was no other reason to build it forward of the building line.

Chairman Fennhahn asked Assistant Commissioner Ms. Heid if she 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 Tom Mirizio of 8185 Maple Road said he was in favor. Chairman Fennhahn asked for those opposed to granting the variance and there were none.

Chairman Fennhahn closed the hearing.

MOTION was made by Deputy Chairman Mangan in case #1255 that the variance be granted for the new home that was constructed over the building line. Motion was seconded by Mr. Hess.

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.

Chairman Fennhahn confirmed that the motion was carried and the variance was granted.

Case #1259 - VARIANCE - Ryan Homes, an NVR Company, 5533 Bingley Lane (Tax
map #077-34-11.0:

The applicant is seeking a variance to decrease the front yard setback from 25 feet to 24.7 feet for the purpose of a new home that was constructed over the front building line.

Hal Romans, surveyor, explained that the house was built three and one-half inches over the building line. They feel perhaps the stakes could have been moved by children or whatever.  The error was not realized until it was picked up on with the as built the Town does for all new buildings.

Deputy Chairman Mangan stated that there were many children in this neighborhood and that moving stakes was very possible. The builder needs to recheck the stakes before building a foundation.

Mr. Romans presented the Standards of Proof:

1. They do not believe this variance will produce an undesirable change to the
character to the neighborhood, as the request is only for less than three inches.
2. Unless they tear down the garage, there is no other feasible method than to
obtain this variance.
3. They do not feel this variance request is substantial. It is just one corner that is
over the building line.
4. They do not believe there will be any adverse effect on the physical or
environmental conditions in the neighborhood.
5. The need for the variance request is self created

Chairman Fennhahn asked if they have a procedure implemented that prevent this from
happening in the future, and that the placement of the stakes be checked before laying the foundation.

Kent Eshleman, General Manager of Ryan Homes said they have a new contractor and now use GPS in their new procedures.

Chairman Fennhahn asked Assistant Commissioner Ms. Heid if she 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 for those opposed to granting the variance and there were none.

Chairman Fennhahn closed the hearing.

MOTION was made by Mr. Young in case #1259 that the variance be granted as requested. 
Motion was seconded by Deputy Chairman Mangan

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.

Chairman Fennhahn confirmed that the motion was carried and the variance is granted.

There being no further business, Chairman Fennhahn adjourned the meeting at 8:33 P.M. 



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

                                                                   
Zoning Board Minutes Archive