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Planning Board Minutes 11/09/2004
City of Auburn Planning Board
Tuesday, November 9, 2004 7:30 PM, MEMORIAL City Hall

Present:  Laurie Michelman, Sam Giangreco, John Rogalski, Nicki Wright, John Breanick, Sandra Craner. Absent: Mark DiVietro

Staff:  Steve Lynch, OPED Director; Tom Leone, Corporation Counsel; Tom Weed, APD; Brian Hicks, Sr. Code Enforcement Officer; Bill Lupien, Superintendent of Engineering Services.

The Chair called the meeting to order.  The Pledge of Allegiance was recited and roll was called.  

Agenda Item 1:  Approval of minutes of September 7, 2004 and October 5, 2004.

Chair asks for a motion to approve the minutes of September 7, 2004. Motion made by Nicki Wright, seconded by Sandra Craner.  All members vote approval. Motion carried.

Chair asks for a motion to approve the minutes of October 5, 2004. Motion made by John Rogalski, seconded by Sam Giangreco.  All members vote approval. Motion carried.

Agenda Item 2:  Public Hearing for Site Plan review for building addition at 149 York St.

Chair invites the owner or agent to speak.

Richard Edmond, Locke NY (Owner’s Agent), - On September 7, 2004 a similar plan for an easterly storage building was approved. The owner has changed his mind and wants the building built to the west side and thirty feet longer. He thought it would be better use of the property and further away from the ditch (wetland boundary).

Chair asks for comments from the public. There being none, Chair closed the Public Hearing and asks for comments from the Board.  There are none.

Laurie Michelman – again the wetlands are preserved, the building is far enough away not to be an issue.  Asks for staff comments.

Steve Lynch – this has been brought back only because of the new location and size.  Staff recommends a negative declaration on SEQR and approval of the site plan as presented.

Laurie Michelman – any changes in SEQR?

Steve Lynch – same info,adjusted for the new location.

Chair asks for a motion for a negative declaration on SEQR. Motion made by John Breanick, seconded by Sandra Craner. All members vote approval.  Motion carried.

Chairs asks for a motion for approval of the site plan.  Motion made by John Rogalski, seconded by John Breanick. All members vote approval.  Motion carried.

Agenda Item 3:  Discussion of proposal to rezone 2-4, 6, 8, 10, 12, 12R and 14 Seminary St. and 25 Seminary Ave from R2 to C2A.

Laurie Michelman – asks that previously discussed items not be repeated unnecessarily.

Steve Lynch – clarifies addresses involved and previous zone changes on the map.  Under consideration is the potential rezone of 8 parcels from R2 to C2A.  Reviews application and details of proposed rezoning. The current residentially zoned areas function as a buffer between the greater residential neighborhoods and the North Street, NYS Arterial and Downtown commercial areas.  To allow the Board the broadest flexibility to review and consider the potential impacts of the rezoning, Part 1 of the SEQR alone has been completed.  Part 2, in which the Board considers potential impacts, needs to be prepared in detail.  If staff were to prepare Part II in advance the staff recommendation would be for a positive declaration, as the proposed rezoning will have impact on the surrounding residential neighborhoods and does not comply with the intent of the City Comprehensive Plan.  The Board needs to discuss this matter and make their determination.  Proceeds to show the Board the 2nd map, which shows photos of the properties involved and their location.

Laurie Michelman – asks the public for comments. Reads letter from Walt Aikman into the record (attached).

Glenn Carver, Evans St. – has spoken with owners of the properties. There are several elderly women who no longer want to live there. The general attitude is the properties are not worth much, and if they were rezoned commercial they would have more value.  Is personally not an absentee landlord.  Wants to know how area is a buffer zone when surround by commercial area. Does not see how it’s a buffer.  Houses would probably be torn down if not for parents’ rehabbing.  More difficult to get decent tenants for this area.  Perfect opportunity to be rid of 14 units.

Chair closes Public Hearing and asks Board for comments.

John Breanick – asks Steve Lynch if properties on opposite side of street are in C5A overlay zone.

Steve Lynch – yes

John Breanick – this is strictly residential with not commercial?  Doesn’t whole-heartedly disagree with the overly but as the Carver properties are surrounded by commercial doesn’t see problem in changing it.  Neighbors have voiced an opinion and is a believer that neighborhood input is important. Neighbors unanimously signed petition to change to commercial, so it should be allowed to changed.  It is not buffering anything, that is not a good reason.  They should be able to sell as a commercial property if desired.  If someone is willing to invest in commercial property they should be able to although there is no interest at this time.  Jobs are needed also.

Amy Carver-Dobson – always tried to do good for the area and own properties.  People in area want out.  Own properties back to the Arterial.  Can’t understand why the area is being isolated. Thinks is should’ve been included in previous zone change to commercial.

Nicki Wright – concerned that the comprehensive plan is to preserve residential aspects of an area.  If this is made commercial where will it stop?  Very concerned that a hotel could be built here.

Laurie Michelman – moving away from the comprehensive plan here would open the way for other places also.

Amy Carver-Dobson – what can the land be used for? It is surrounded by commercial and the Arterial.

Laurie Michelman – it is currently residential.

John Rogalski – what is the opinion of the church?

Steve Lynch – they have no strong opinion either way.  They are not planning to relocate, their congregation is strong. Although I did only speak to Don Clark, a trustee.

Sandra Craner – is the overlay district included? What is allowed in that?

Steve Lynch – whatever is allowed in the underlying (primary) district with the added uses and flexibility allowed by inclusion in the C5A overlay zone.

Sandra Craner – within the existing building?

Steve Lynch – yes, the additional uses would be allowed in the existing buildings; we would like to promote adaptive reuse of the existing structures while retaining the residential character of the area.

Sandra Craner – so properties can be sold for office space.

Laurie Michelman – yes, it is not limited to residential.

John Breanick – this is a narrow street, there is less area for off-street parking.  Most properties are unable to handle parking.  Deterioration in the neighborhood is progressing. The Carvers have done a good job of keeping the place up but it is time to move on if buyer and seller look at the economic interests of the owners.

John Rogalski - if rezoned it will still be difficult, there is not enough land there for a commercial use, if it can be used commercially it can be used residentially.

John Breanick – if a house in this area was damaged beyond repair would part of the code not allow demolition?

Steve Lynch – the intent of the demo clause is to reuse the properties. It is not to disallow demolition completely.

John Breanick – in event of fire, etc. they can finish demo?

Steve Lynch – yes, they can, and they would be permitted to rebuild as/if the underlying zone allows.

Sam Giangreco – has been listening to all comments.  If this is changed to commercial can see a couple problems.  No hotel will build across from the Holiday Inn.  There is no curb cut from Seminary St. to the Arterial.  Hess and Subway will not be relocating so the area will stay blocked.  The Church is not going anyway.  The only access is from Seminary Ave so there will still be access problems.

John Breanick – if the right money came along the properties will sell.  People need jobs.

Laurie Michelman – what jobs are you talking about? This will not be high paying jobs – just more minimum wage jobs.  We need to preserve the character of the neighborhoods and focus on economic development.  This is not the place for economic development.

John Breanick – it need to start somewhere.

Laurie Michelman – considers the permitted uses in C2A – it is not open to any type of commercial enterprise.

Steve Lynch – the C2A zone does not encourage industrial or manufacturing.

Glenn Carver – if a restaurant went there is would hire many people for good money.

Staff – most comments have been addressed in the application.  It is important to look at the overly zone.  Not all properties have much space for parking.  Seminary St. is a major entrance to the broader neighborhood area.  If it is changed the buffer will be removed.  The established commercial area (the Plaza, etc.) cannot be changed.  We have to acknowledge the goals and objectives of the comprehensive plan, which is to preserve residential areas.  Just to allow a change for the benefit of one party is not a valid basis on which to change.

Amy Carver-Dobson – you are talking about something different. We are asking for what we already have.  This area is surrounded by commercial.

Laurie Michelman – moving on to SEQR action.

John Breanick – makes a motion for a negative declaration.

Laurie Michelman – would prefer to review first but will ask for a second.  There is none.

Steve Lynch – reviews SEQR.

Laurie Michelman – if the Board objects to staff recommendations during the review, state it at that time.

Items 4 and 6 objected to by John Breanick.

John Breanick – at the time of the review the comprehensive plan was 12 years ago.  There have been significant changes since then.  It would be a good point to review it again.

Steve Lynch – agrees.  One aspect continued to be looked at is the downtown area.

John Breanick – there should be a note of the petition (under the SEQRA question asking if the proposed action will create controversy).

Steve Lynch – is there controversy if the change is made?

John Breanick – objects

Laurie Michelman – questions objection.

John Breanick – yes there is adverse action to the current owners.

Laurie Michelman – asks the board if they wish to proceed.  Asks staff for options.

Steve Lynch – One option is to vote on the positive declaration.  Then the ball is in the applicant’s court and an environmental impact statement is needed to proceed with the rezoning, which is not a good idea if the Board does not agree to pursue the rezoning.  Another option is to declare a positive declaration and do not pursue or do not go through with the resolution and table.  If you want to pursue, then we will need to do a full environmental impact statement.

Laurie Michelman – polls the Board. All members vote to issue a positive declaration and not pursue the matter further, except John Breanick who wishes to vote a negative declaration as all the neighbors indicate they want the change.

Laurie Michelman – this does not preclude the Board from pursuing in the future.  Asks for a motion on a positive declaration for SEQR.  Motion made by Sandra Craner, seconded by Nicki Wright. All members vote approval except John Breanick. Motion carried.

Laurie Michelman – asks for a motion for the Board to direct staff to cease review at this time. Motion made by Sam Giangreco, seconded by Sandra Craner. All members vote approval except John Breanick. Motion carried.

Agenda Item 4:  Discussion on the 2005-2009 Consolidated Planning Strategy for Community Development Block Grant (CDBG) Funds.

Steve Lynch – introduces Jenny Haines, Program Manager.

Jenny Haines – we continue to engage the Planning Board for input into the Consolidated Planning Strategy. We have been an entitlement community for 10 years and are on the third of our 5-year strategies.  Refers to attached memo of past priorities.  Hand out action plan budget and reviews. Several programs are in the housing area; HRAP, public improvement and human services funding.  Funds are distributed through an RFP (Request for Grant Proposals) program with a volunteer review committee.

John Breanick – why is Boyle center included but not the others similar (the other Senior Centers)?

Jenny Haines – no others sent in an application.  Lastly, economic development, SBAP, businesses agree to provide jobs to low/mod income for a loan.

John Breanick – what will be in Kinney Plaza?

Jenny Haines – unknown at this time.  There is a micro training program thru Cornell Co-op.  This is our way to support entrepreneurship. We also support the BID.   Special Development Projects responds to large projects that don’t fit into other areas.

Nicki Wright – what is 108 repay?

Jenny – the 108 loan from HUD allows up to borrow up to 6X the entitlement and this needs to be repaid.

Sam Giangreco – doing a great job.  Can money be funneled into marketing? Ie: billboards.

Jenny – challenge is the national objectives it is tied to – we have to show we are helping low/mod income, preventing blight, natural disasters, etc.

John Breanick – thought this was to rehab brownfields.

Jenny – there is funding through other government sources for this.  Passes out survey and asks Board to rank priorities. Will give Board copy of draft.

Other Matters

Laurie Michelman – asks members if they would like to start meetings earlier and change time to 6:30 p.m. General discussion between Board.

John Breanick – requests summer accommodation.

Laurie Michelman – change time pending Mark DiVietro’s comments and revisit in June.

Tom Leone – recommends a resolution or wait until December meeting.

Sandra Craner – get Mark DiVietro’s input before doing the resolution.

John Breanick – asks about construction on Grant Ave, KFC.

Steve Lynch – if you recall the Board required the 3rd lane on Brookside Dr. in the Site Plan for KFC.  It is finally being done through efforts of the DOT forcing the issue.  It will align with the new connector road.

John Rogalski – verifies the State St. Mall ceremonies.

Steve Lynch – yes, invitations will be sent out. It will be November 23, 2004 at 4:00 p.m.

Laurie Michelman – confirms the next meeting for December 7, 2004 at 7:30.  Asks for a motion to adjourn.  Motion made by Sandra Craner, seconded by Nicki Wright. All members vote approval.  Motion carried.