MINUTES OF MEETING                       

                                   September 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 September 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
                     Charles V. Mangan    Deputy Chairman 
                     Eugene Young             Member
                     Karen Liebi                 Member
                     David Hess                  Member
                     Vivian I. Mason           Secretary
                     Mark Grobosky           Attorney
                     David Balcer                Town Planner

MOTION made by Deputy Chairman Mangan that the Minutes of the meeting of August 13, 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 Mr. Hess. 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 he will be adjourning this hearing as the Zoning Board is awaiting action to be taken by the Town Board with regard to a zone change for this applicant.

Chairman Fennhahn adjourned this hearing to October 8, 2007.

Case #1269 - VARIANCE - HUB Properties c/o Reit Management & Research, LLC, 8687 Carling Road (Tax Map #021-01-06.5): 

The applicant is seeking a variance to reduce the allowable perimeter landscape strip from 30 feet to 26.02 feet on the north, 12.23 feet on the south, 19.35 feet on the east, and 19.4 feet on the west property lines for the purpose of: adding a 9,690 square foot addition to the existing building, alterations to the parking lot, and to allow for the continuance of an existing nonconforming perimeter landscape strip.

Chairman Fennhahn announced that the applicant has withdrawn their request per letter dated August 13, 2007 from M V Weiss and Associates.

Case #1272 - VARIANCE - Richard E. Lamb, Sr., 4228 Balboa Drive (Tax map #068-
09-14.0):

The applicant is seeking an area variance to reduce the side yard setback from 7.6 feet to 3 feet to allow for the construction of a shed.

(Standard of proof were given at the August 13, 2007 meeting)

Mr. Lamb said he hired a surveyor and produced the survey. The distance from the property line to the shed is 1.7 feet.

Chairman Fenhahn asked the applicant that what he needed is a 3 foot variance and the shed will have to be moved to that three foot mark, and Mr. Lamb agreed.

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

Chairman Fennhahn closed the hearing.

MOTION was made by Mr. Young in case #1272 that the variance be granted with the
condition that the shed be a minimum of three feet off the property line as shown on Exhibit “B”, a survey prepared by Lehr Land Surveyors dated September 6, 2007. 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 stated that the variance is granted.

NEW BUSINESS

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

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.

The public hearing notice was read by the secretary.

Chairman Fennhahn advised the applicant that he had discussed this request with the Board’s attorney Mr. Grobosky and the Zoning Board will not be able to make a decision until the zone is changed. Chairman Fennhahn added that he would also like Mr. Charrron to go before the Planning Board so that the Board will have an idea of what is going to be done on the property.

Mr. Charron said that he will only be asking for the lot area decrease (with access). He gave a brief overview of his intentions to relocate to this address and open a retail business selling gardening supplies, plants, etc.

Mr. Charron addressed the Standards of Proof:

1. He noted that the property has been neglected and he will clean it up, so it will
be an improvement to the neighborhood. There is a retail business next door
and a church on the other side so he feels this business will fit the character of the
neighborhood.
2. There is no other feasible way without a variance because there is no other
adjoining property to buy.
3. They do not feel the variance request is substantial. When there is access from
Route 31 there is a required overlay, that doubles the required lot size. 
4. He doesn’t believe there will be an adverse environmental impact on the
neighborhood, as he will have a revised drainage plan.
5. The need for the variance is self-created.

Deputy Chairman Mangan noted that under the present zoning, an RA-100, in order to be
compliant the parcel should be 400,000 square feet in size, which it is not.

Chairman Fennhahn asked if there were any further comments or questions and there were none.

Chairman Fennhahn asked Mr. Balcer if he had any comments and he had none.

Chairman Fennhahn adjourned this hearing to October 8, 2007.

Case #1274 - VARIANCE - Travis Doty, 8944 Jackson Road (Tax Map #024.-01-
21.4):

The applicant is seeking a variance to allow construction of an addition on an existing house within the front yard allowable setback of 75 feet to a proposed 55 feet for the purpose of constructing an addition to the existing house within the allowable front yard setback.

The public hearing notice was read by the secretary.

Mr. Doty said he would like to construct an addition in line with the enclosed porch on the
front corner.

Travis Doty addressed the Standards of Proof:

1. He doesn’t think it will detract from the character of the neighborhood. His
neighbors have commended him for fixing the place up.
2. There is no other feasible method without the variance.
3. Since it will not exceed the front of the house, he feels the variance request is not
substantial.
4. He doesn’t believe there will be an adverse environmental impact on the
neighborhood.
5. The need for the variance is self-created.

Chairman Fennhahn asked if there were any further comments or questions and there were none.

Chairman Fennhahn asked Mr. Balcer if he had any comments and he had none.

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

Chairman Fennhahn closed the hearing.

MOTION was made by Mrs. Liebi in case #1274 that the variance be granted with the
condition that the addition be in substantial compliance with Exhibit “A” accepted September 10, 2007. 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 stated that the variance is granted.

Case #1275 - VARIANCE - Thomas Pulis, 4919 Orangeport Road (Map #041.-03-14):

The applicant is seeking a variance to allow construction of a garage addition to an existing house within the allowable side yard setback of 25 feet to a proposed 5 feet for the purpose of constructing an addition on the existing residence within the allowable side yard setback of 25 feet to a proposed 5 feet.

The public hearing notice was read by the secretary.

Mr. Pulis stated that he had a letter from the neighbor next door stating he had no objection to the granting of the variance. He explained that he wants to build a garage on the left side of his house by the driveway. He needs the garage to accommodate his big family.

Thomas Pulis addressed the Standards of Proof:

1. He believes the garage will not detract from the neighborhood. It will match the
character of the house.
2. With the layout of the inside of the house, there is no other feasible place for it.
3. He feels the variance request is substantial. 
4. He does not feel there will be an adverse environmental impact on the
neighborhood, as there will be gutters and the pitch of the roof will direct the
water to the back of the house.
5. The need for the variance is self-created.

Mr. Hess asked if the roof line would exceed the existing one and Mr. Pulis said no, and that there would be no second story.

Chairman Fennhahn asked Planner David Balcer if he had any comments and he had none.

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

Chairman Fennhahn closed the hearing.

MOTION was made by Mr. Hess in case #1275 that the variance be granted with the
condition that the property roof line does not exceed the existing roof line, and that the garage be in substantial compliance with Exhibit “A”, received September 10, 2007 and accepting Exhibit “B”, the letter from the neighbor. Motion was seconded by Mr. Young.

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

Chairman Fennhahn commented that there are times the Board does not grant such a variance, as they consider the property next door, but since the houses are not parallel and the neighbor has no objection to the granting of the variance, he will be voting in favor.

Chairman Fennhahn - in favor Unanimously carried.

Chairman Fennhahn stated that the variance is granted.

There being no further business, Chairman Fennhahn adjourned the meeting at 8:20 P.M. 



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


                                                                   
Zoning Board Minutes Archive