MINUTES OF MEETING                       

                                  February 11, 2008


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 11, 2008.

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
                      Robert Germain        Attorney
                      David Balcer             Town Planner

MOTION made by Deputy Chairman Mangan that the Minutes of the meeting of January 14, 2008 be accepted. Motion was seconded by Mr. Hess. 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 Mrs. Liebi. Unanimously carried.

OLD BUSINESS:

None.

NEW BUSINESS:

Chairman Fennhahn asked the board members if they had visited the site and all said they had.

Case #1285 - Special Permit - Edward Hyne, 4269 Orion Path (Tax map #081-06-18.0):

The applicant is seeking a Special Permit to allow a home occupation at the residence for a dealer in firearms.  The secretary read the proof of publication.

Mr. Hyne stated that he is licensed by the State to transfer/sell firearms and explained that his license has been extended until June 2008 to give him the opportunity to be approved by the Town. He believes he will be moving to Maine in June, but the Alcohol, Tobacco and Firearms agency told him that it will be better for him to transfer his license rather than apply for a new one in Maine. He said his collection of firearms began as a hobby but has evolved into transfers and sales. The majority of his business is done on the Internet. He is a member of the rod and gun clubs. He sells at gun shows and occasionally out of his home. He made 101 transactions last year, 60 transaction sales were to Federal dealers (wholesale sales to another firearms dealer), 32 were sales over the Internet, and 9 were retail sales (7 at gun shows and 2 in home). He runs a check on everyone.

Chairman Fennhahn said that according to the ordinance he could have a small sign.

Mr. Hyne said he had no intention to have a sign of any kind. He wants to keep a low profile.

Chairman Fennhahn asked if he had a safe for the guns and Mr. Hyne said yes. He uses a
second floor spare bedroom, where he has his safes. He has a solid wooden door on the gun room with an outside lock on it, which can only be opened with a key, and his basement windows are reinforced with rebar for security.

Mr. Young asked Mr. Hyne if he sold anything other than guns. Mr. Hyne said he makes no other sales from his home except for scopes for the rifles.

Chairman Fennhahn asked Mr. Balcer if he had any comment and he had no comments.

Anne Smith voiced concerns with him having guns in the house and he said he’s been there for 25 years and no one knew it until now. She asked him about automatic weapons and he said he was not licensed to have any.

Mr. Przybyciem, Tammy Harris and Vince Czapla said they were concerned with word getting around that there are guns.

Debra Baker voiced concerns with the gun leaving the neighborhood and Mr. Hyne said they have to have a lock on them when it leaves the home or a gun show, as per law.

Chairman Fennhahn asked if there were any further comments or questions and there were none. Chairman Fennhahn asked for those in favor of granting the Special Permit and there were none. He asked for those opposed there were three, Mr. Przybyciem (because someone could break in and steal one), Betty Nickols and Anne Smith.
Chairman Fennhahn adjourned this hearing to March 10, 2008.

There being no further business, Chairman Fennhahn adjourned the meeting at 8:00 P.M. 



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