MINUTES OF MEETING                       

                                     April 14, 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
April 14, 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
                       Vivian I. Mason         Secretary
                       John Marzocchi         Acting Attorney
                       David Balcer              Town Planner

ABSENT:      David Hess                 Member

MOTION made by Deputy Chairman Mangan that the Minutes of the meeting of
March 10, 2008 be accepted. Motion was seconded by Mrs. Liebi. 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. Young. Carried.

Ms. Liebi has notified the Chairman that she will not be present at the August 11th
and September 8th meetings, as she will be in Beijing attending the Olympics.

OLD BUSINESS:

None.

NEW BUSINESS:

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

Case #1293 -VARIANCE - James LaRoina , 8188 Capricorn Drive (tax map #067-03-
44.0):

The applicant is seeking a variance to reduce the front yard minimum setback from 25
feet to 20 feet to construct a roof with posts over the front stoop/stairs.

The public hearing notice was read by the secretary.

John Shuba, of Home Advantage Plus, the contractor representing the applicant, said
they would like to put a roof over the stoop/stairs to protect Mr. LaRoina from the
elements, as he is handicapped.

Mr. Shuba addressed the standards of proof: 

1. He doesn’t believe the addition of a roof will detract from the character of
the neighborhood.
2. Due to the design of the house and the placement of the steps, this is the
only place to put the roof. 
3. The request is only for five feet, so he doesn’t feel the variance request is
substantial. 
4. He believes there will be no negative impact on the neighborhood.
5. The need for the variance is self-created.

Ms. Liebi asked about the roof’s construction and Mr. Shuba said that it would have
posts, rafters, soffet and be tied into the existing roof.

Chairman Fennhahn asked the Town Planner, Mr. Balcer, if he had any comments and
he said only that the applicant will need a building permit before construction of the
roof.

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 read an email from Shannon Rice, a neighbor, stating she had no
objections. 

Chairman Fennhahn closed the hearing.

MOTION was made by Mrs. Liebi in Case #1293 that the variance be granted with the
condition that it be constructed in substantial compliance with Exhibit “A”, and that it
could not be enclosed. Motion was seconded by Deputy Chairman Mangan.

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

The variance is granted.

Case #1294 - Use Variance - Mei Rong Guo, 8182 Oswego Road (tax map #067-
01-02.01):

The applicant is seeking a use variance. The proposed land use activity is not permitted
in the zone district. The applicant is seeking a building permit to add a second floor
living space and converting the existing first floor living space into a nail salon, thus
creating a mixed-use building. This parcel already has a use variance to operate a
salon.

The public hearing notice was read by the secretary.

Andrew Kwok was present with Mr. Guo to represent Mei Rong Guo.

Chairman Fennhahn gave an overview of what he believes the applicant is asking for
from the Board. They would like to expand the use variance that was granted in 1988,
which is still being used for personal service.

Mr. Kwok said that it would just be for Mr. Guo and his wife.

Chairman Fennhahn asked if they were prepared to address the standards of proof now,
or would they like to have the case adjourned until next month.

Deputy Chairman Mangan cautioned the applicant that he would have to prove all four
of the Standards of Proof, which is very difficult to do.

Mr. Young added that it appears that in 1988 the applicant had permission to use the
whole building for a salon, although at that time the applicant lived there also. The
decision did not limit the use to just the garage.

Chairman Fennhahn reiterated that the Standards of Proof are very hard to prove and
to expand upward would mean obtaining a building permit from the Planning
Department. Should the applicant decide not to pursue this use variance, he should
send a letter asking that the case be withdrawn.

Chairman Fennhahn adjourned this case to March 12, 2008.

Case #1295 - Special Permit - Richard O. Imeson, 1130 Vine Street (tax map
#115-02-01.0):

The applicant is seeking a Special Permit for a Home Occupation, for doing alterations
on clothing (wedding gowns, etc.).

The public hearing notice was read by the secretary.


Mr. Imeson explained that his wife would like to do clothing alterations between the
hours of 8:00 A.M. or 9:00 A.M. to 10:00 P.M. or 11:00 P.M. It would be by appointment
only.

Chairman Fennhahn asked if the business is the square footage that has been
documented and Mr. Imeson said yes. His wife will be the only one engaging in this
business.

Mrs. Liebi noted that she felt it was a nice operation setup.

Town Planner David Balcer commented that the applicant will need a sign permit if
they want a sign. It can only be two square feet and mounted on the house.

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 Special Permit and there were none.

Chairman Fennhahn closed the hearing.

MOTION was made by Mr. Young in Case #1295 to grant the Special Permit as
requested. Motion was seconded by Mrs. Liebi.

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

The Special Permit is granted.

Case #1296 - Variance - Eldan Homes, Inc., 8176 Whitman Way (tax map #069-
34-06.0):

From approved Cluster front yard setback of 30 feet for this lot, the applicant is seeking
a variance from 30 feet to 29 feet. Surveyor staked house out wrong, prior to
construction of house.

The public hearing notice was read by the secretary.

Doug Beachel, of Eldan Homes, explained that a mistake had been made by the
surveyor and not discovered until the house was complete.

Chairman Fennhahn asked how this can happen when you build houses every day and
suggested they tighten their procedures.

Mr. Beachel said the surveyor has since changed his procedures.

Mr. Beachel addressed the standards of proof: 

1. There will not be any undesirable change to the character of the
neighborhood.
2. They would have to take the porch off and they don’t want to do that.
3. It’s only a foot, so he doesn’t feel the variance request is substantial. 
4. There will be no adverse impact on the neighborhood.
5. The need for the variance is self-created.

Deputy Chairman Mangan noted that a neighboring house #8174 is already closer to
the road and this house is still further back.

Mr. Beachel explained that because of clustering, that house has a different front yard
setback.

Russ Mitchell asked at what point this error was realized and Chairman Fennhahn said
when they did the as built survey.

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 Deputy Chairman Mangan in Case #1296 that the variance be
granted as requested. Motion was seconded by Mr. Young.

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

The variance is granted.

There being no further business, Chairman Fennhahn adjourned the meeting at 8:28
P.M. 


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

                                                                   
Zoning Board Minutes Archive