MINUTES OF MEETING                       

                                    June 11, 2007

The regular meeting of the Zoning Board of Appeals of the Town of Clay, County of Onondaga, Stateof New York was held at the Town Hall of Clay, New York on June 11, 2007.

Chairman Fennhahn called the meeting to order at 7:30 P.M. and upon the roll being called thefollowing 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
                      Mark Territo             Commissioner of Planning & Development
                     Cindy Heid                  Assistant Commissioner of Planning & Development

MOTION made by Deputy Chairman Mangan that the Minutes of the meeting of May 14, 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 #1257 - VARIANCE - SECNY Federal Credit Union, 3819 Brewerton Road (Tax Map #117.-11-16.1, 117.-11-17.1, 117.-11-18.1 & 117.-11-27.0):

The applicant is seeking a variance to decrease the front yard setback from 140 feet to 97 feet for the renovation from an automobile dealership to a credit union.
Chairman Fennhahn announced that the applicant has submitted a letter dated June 6, 2007 stating that they are withdrawing their request for the variance.

Case #1258 - VARIANCE - SECNY Federal Credit Union, 3819 Brewerton Road (Tax Map #117.-11-16.1, 117.-11-17.1, 117.-11-18.1 & 117.-11-27.0):

The applicant is seeking a variance to increase the monument sign from 32 square feet to 48 square feet and increase the building sign from one 32 square foot to three signs at 55.6 square feet 25.3 square feet, and 25.3 square feet for the purpose of new signage for a credit union.

Chairman Fennhahn announced that the applicant has submitted a letter dated June 8, 2007 requesting an adjournment.

Chairman Fennhahn said he was adjourning this hearing to the first meeting after the new sign ordinance is approved and in place.

The hearing is adjourned.

Case #1260 - VARIANCE - Warner Energy, LLC, 7526 Morgan Road (Tax map #105-
01-13.1):

The applicant is seeking a variance to increase the height of a structure form 40 feet to 140 feet for the purpose of installing (3) 100 foot steel masts for wind turbines.

The public hearing notice was read by the secretary.

Michael Brown, the engineer for Warner Energy, stated that they would like to install masts for wind turbines for testing purposes. All they really need is a 115 foot structure, because they are using smaller blades. These turbines would be used for residential and small commercial businesses.

Mr. Brown addressed the standards of proof:

1. It is an Industrial zone and he doesn’t feel a straight tower will detract from the
character of the neighborhood. The trees will camouflage some of it. He added
that they are small windmills and are not like to ones you see in the Tug Hill area. 
The blades will be no longer than fifteen feet.
2. There really is no other feasible method, as the 115 foot height is necessary for
testing.
3. He feels the variance request is substantial.
4. He noted that the Planning Board mentioned sound, which he feels will not be
a problem. He said he would not be in violation as the sound decreases and they
will control the blade speed, which will keep the sound at an acceptable level. 
There should be no adverse environmental or drainage impacts on the
neighborhood.
5. The need for the variance is self-created.

Mr. Young asked if it was a wind turbine generator and Mr. Brown said yes, the wind rotates the rotor which creates energy, which is collected in a load bank. Mr. Young stated that in his opinion this structure is a utility substation.

Attorney Grobosky noted that on Part 1 of the environmental impact statement, page eight of twenty-one, it states a special permit. Mr. Brown said he was told by planning to apply for a special permit, for an accessory structure.

Mr. Young reiterated that in his opinion a turbine generator is a utility substation and needs approval for a Special Permit.

Assistant Commissioner Heid explained to Mr. Brown that the Zoning Board feels he should be going before the Town Board for a utility use, but he is in front of the Planning Board for a Special Permit for an accessory use.

Chairman Fennhahn asked if the Board or anyone in the audience had any further comments or questions and there were none. Chairman Fennhahn asked for those in favor of granting the variance and those opposed and there were none.

Chairman Fennhahn closed the hearing.

MOTION was made by Mr. Young in regard to case #1260 that 1.) the Clay Zoning Board of Appeals interprets a wind turbine generator to be a utility substation under Section 230-11 of the Town of Clay Code and therefore must meet all the requirements associated with a utility substation under Section 230-27 I (2) (e) [1] [a] when implemented on a property; therefore any Special Permit for a wind turbine generator must be issued by the Clay Town Board, and 2.) based on this interpretation the application be denied. 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 noted that the variance is denied.

Case #1263 - VARIANCE - Sylvia Wegner, 8797 Oswego Road (Tax map #017-02-10):

The applicant is seeking a variance to reduce the front highway setback from 140 feet to 80 feet for the purpose of constructing a garage.

The public hearing notice was read by the secretary.

Chairman Fennhahn noted that due to the County’s recommendation of disapproval to
approve this request requires a majority plus one vote by the Board.

Assistant Commissioner Heid commented that this is a detached structure so the applicant really only needs to reduce the front highway setback from 90 feet to 80 feet, so all they need is ten feet.

Sylvia Wegner explained that they started the project and the County stopped her. She wasn’t aware that she needed a permit.

Ms. Wegner addressed the standards of proof:

1. She doesn’t feel it will detract from the character of the neighborhood as she will
be matching the color of the garage to her house. She feels this will enhance her
property.
2. She feels there is no other feasible method unless she took down a tree. She also
does not want it to block a window.
3. She doesn’t feel the variance request is substantial. 
4. She believes there will be no adverse environmental or drainage impacts on the
neighborhood.
5. The need for the variance is self-created.

Chairman Fennhahn asked if Assistant Commissioner Heid if she had any comments and she had none.

Chairman Fennhahn asked if the Board or anyone in the audience had any further comments or questions and there were none. Chairman Fennhahn asked for those in favor of granting the variance and Michelle Combs, a neighbor said she felt it was an improvement to the property. 
Robin Ferrante, also a neighbor, was in favor. Chairman Fennhahn asked for those opposed and there were none.

Chairman Fennhahn closed the hearing.

MOTION was made by Mr. Mangan in case #1263 that variance be granted to reduce the front highway setback from 90 feet to 80 feet. 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.

Chairman Fennhahn noted that the variance is granted.

There being no further business, Chairman Fennhahn adjourned the meeting at 8 25 P.M. 



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

                                                                   
Zoning Board Minutes Archive