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07 - September 5, 2006
City of Auburn Planning Board
Tuesday, September 5, 2006 6:30 PM, MEMORIAL City Hall

Present: Sam Giangreco, Jill Fudo, Anthony Bartolotta, Mark DiVietro, Laurie Michelman, John Breanick

Staff:  Steve Lynch, OPED Director; Stephen Selvek, Planner; Tom Weed, APD; Brian Hicks, Sr. Code Enforcement Officer

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

Agenda Item 1:  Approval of minutes for August 1, 2006

Chair asks for a motion to accept the minutes August 1, 2006. Motion made by Mark DiVietro, seconded by John Breanick.  All members vote approval. Motion carried.

Agenda Item 2: Public Hearing for Minor Subdivision at 150 Grant Ave.

Item pulled from agenda.

Agenda Item 4: Public Hearing for Site Plan Review for 48 E. Genesee St.; Construction of 5,000 SF Family Video Movie Club.

Chair – invites owner or agent to speak.

John Sciarabba – located at corner of N. Fulton and E. Genesee Sts., 6/10 acre site currently being used as a service station.  Has received a use variance for the building area and for building within 60’ buffer.  5,000 SF building with 32 parking spaces using existing utilities including sewer.  A change required by ZBA was to move the building slightly to the north.  

Todd Bezenah – the business is the largest privately held and 3 largest overall, they own & operate all properties.  Currently opened other sites in NY – 13 total.  Specialize in going into residential neighborhoods.  Have met with residents to give overview and learn of any concerns.  Thinks it will be a good fit in the area.  Rental of videos and games. Employs the Report Card A program.  Taking site of old gas station and improving, cleaning, adding green space and making safer.  Looking down N. Fulton St. is one big curb, plan is to have one drive as a left out only onto N. Fulton with green-scaping the remainder.

Chair invites the public to speak.  There being no one, closes the Public Hearing and asks the Board for comments.

Mark DiVietro – questions the placement of the fence.

John Sciarabba – it is 15 feet onto the property – there will be 5’ of green-space between the building and the fence.

Jill Fudo – questions the finish of the fence

John Sciarabba – natural board on board, 6’ height

Mark DiVietro – asks the start date for construction



Todd Bezenah – still need to close on the property and pull the old gas tanks

John Sciarabba – about 4 to 6 weeks

Todd Bezenah – once footings are poured the building should be up in 70 days

Steve Lynch – the current owner is to mitigate the tanks?

Todd Bezenah – there is a timetable but we will have to review the contract.  Also, asbestos in the building needs remediation.

Steve Lynch – current tenant is trying to find a new site – are you sensitive to that issue?

Todd Bezanah – we do it right, we have done it before for other tenants.

Steve Lynch – this Board will work with the current tenant to help find a site.  Still appreciates help from current applicant.

Jill Fudo – asks for details on the sign on E. Genesee St.

Todd Bezenah – we have some drawings. One is a 6’ high, 40 SF monument sign with changeable letters and interior illumination.  The other is a pole sign.  We’ve checked into the sign code for ideas.

Steve Lynch – suggests working with Codes on the sign and placement thereof.

Sam Giangreco – asks the height of the tower

Todd Bezenah – 23’, it does not affect the neighbors

Jill Fudo – asks the materials of the tower

Todd Bezenah – glass block with a steel frame and painted a natural brown

Mark DiVietro – questions the rear lighting

Todd Bezenah – using down lights in the soffitt

Jill Fudo – has there been a lighting study?

John Sciarabba – the landscape plan shows the light contours. No light is spilled onto the neighboring properties.  The center island has been eliminated to accommodate ZBA’s request to move the building and maintain a drive aisle and parking spaces required.  Back to the lighting contours, we will have that added to the plan but there will be no spillage.  Also, the neighbor has asked that two trees on Fulton St. be removed.

Todd Bezenah –recommend shaving the bottom instead of completely removing.

Laurie Michelman – recommends trimming to increase visibility.


Todd Bezenah – we can do that – about 10-15’ feet up – the trees are pretty tall.

Laurie Michelman – asks the hours of operations

Todd Bezenah – 10:00 a.m. to 12:00 a.m.   The lights are on a timer and turn off at 12:30 a.m.

Chair asks for staff comments.

Steve Lynch – most everything has been reviewed.  We had not seen the elevations when the memo was written.  We have no received a memo from Engineering approving the drainage and grading plans.   Recommendation is for a negative declaration on SEQR and approval of the Site Plan submitted tonight.  We didn’t think the ZBA needed to have the building moved. Was snow storage discussed?

Stephen Selvek – there are 5 spaces on the west side that can be used for storage without impeding visibility – 27 spaces were needed and 33 provided.

Steve Lynch – are the deciduous trees on the southwest corner being removed?

John Sciarabba – the north most tree, a 36” walnut, will be removed, others will remain.

Stephen Selvek – the only change from the previous site plan is the removal of the island and the shifting of the building.

John Sciarabba – and removal of one parking space.

Steve Lynch – also, the drive on E. Genesee was moved as far as possible away from the intersection. This was okayed by Officer Tom Weed.

Chair – does SEQR need to be reviewed? No? Asks for a motion for a negative declaration on SEQR. Motion made by Sam Giangreco, seconded by Jill Fudo. All members vote approval. Motion carried.

John Breanick – asks the status of the guardrail between the site and the VFW.

John Sciarabba – that will be removed and a grass island will be there.

Chair asks for a motion for approval of the site plan. Motion made by Sam Giangreco, seconded by Anthony Bartolotta. All members vote approval. Motion carried.

Laurie Michelman – the motion also includes that any sign be approved by Codes and the DRC as well as trees to be trimmed.


Agenda Item 3: Public Hearing for Site Plan Review for 612-630 N. Seward Ave; Construction of 13,000 +/- SF addition to existing Auburn Alliance Church.

Chair – invites owner or agent to speak.

Norm Davies, architect – was here in December 2004. Plans are to start building spring 2007. Reviews plans.  Plan is to demolish current house next to church and build an addition and add more parking and new accesses. Entrance will be in the rear.  Issues to look at are storm water management.  There is a fair amount of fill to be removed they would like to disburse over the bank.

Laurie Michelman – what is the fill material?

Norm Davies – earth/dirt

Chairs asks for any comments from the public. There being none closes the Public Hearing and asks for comments from the Board.

Jill Fudo – questions the materials/nature of the building and signs and whether it’s preliminary or final approval.

Laurie Michelman – final approval.

Kevin Swab, Barden Commercial Construction – the building will be standard wood construction, scissor trusses, brick exterior to match existing building. Current sign will stay up.  Any new sign will be attached and similar in lettering to the existing.

Laurie Michelman – letter in packets attached to application explaining the façade will be kept consistent with the existing building.

Mark DiVietro – will there be problems with the driveway in winter?

Tom Weed – depending on the traffic there may be problems coming up the hill.

Kevin Swab – there is also a new entrance at the top of the hill.

Jill Fudo – seems narrow

Tom Weed – proposed to change it to 50’

Steve Lynch – concern is someone coming down the hill running into any traffic queued in the opposite direction.

Tom Weed – doesn’t see a problem there, coming up the hill is the only problem – change to no left turn at the first drive coming up the hill

Kevin Swab – doesn’t see it as an issue. There is the 2nd drive further up

Jill Fudo – concerning the fill material, would like to see a diagram and volume involved.

Steve Lynch – asks the Board to act on the aspect of that, work with Codes and Engineering to have it done appropriately.

Laurie Michelman – concerned with environmental issues. Will it have any effect on other properties?

Stephen Selvek – spoke with Engineering. There are concerns. Bank is stable only because of the current vegetation. Adding anything would cause erosion into the stream.

Kevin Swab – there is a spot in the rear where the parking extends that they wish to fill in for additional parking.

Steve Lynch – expanding the parking is a change to the Site Plan and will require returning to the Board.  The reason to expand the parking will be looked at as a subsequent plan or remove it for tonight.  To be clear – the Board will be acting on the current plan presented. The issue with the fill requires Engineering review first.

Kevin Swab – any changes will be brought back before the Board.

Steve Lynch – yes, we don’t approve plans in concept.

Laurie Michelman – moving fill has a significant impact on this Board as well as on the storm water plan.  This needs to be developed and reviewed.

Steve Lynch – the Engineer reviews the issue of the fill and will have final say for storm water plans.

Jill Fudo – not comfortable approving without a concept of the footprint.

Steve Lynch – elevations are available?

Kevin Swab – not at this time.

Laurie Michelman – how does the Board want to proceed?

John Breanick – there are enough reservations for it to be tabled.

Laurie Michelman – any zoning issues?

Steve Lynch – it is a public use in a residential zone and is allowed. DRC recommends a negative declaration for SEQR and approval of the Site Plan as presented.  It is at the Board’s discretion to look into it further.

Laurie Michelman – polls the Board for preliminary, final or tabling for more information.  All members request to table for more information especially concerning the issues of the fill and elevations.

Motion to table made by John Breanick, seconded by Sam Giangreco. All members vote approval. Motion carried.

Steve Lynch – to clarify, the Board want to see elevations, materials used and more details of the issue of fill.

Laurie Michelman – any changes made to the plan for no left turn at the lower access?

Tom Weed – no, a sign would be placed in the City R-O-W.

John Breanick – questions how much fill there will be, where exactly it will go and how it will be stabilized.

Steve Lynch – if moving off site?

John Breanick – that’s a different ball game.

(John Breanick exits the meeting)


Agenda Item 5: Public Hearing for Site Plan Review at 171 Grant Ave, construction of 7,000 SF retail center.

Chair invites owner or agent to speak.

Timothy Buehl – plans have changed since originally approved for a car wash. Now the old building will be demolished and a 7,000 SF retail building will be erected. The building will be moved further back. It will be a typical storefront building with 1500 to 2500 SF tenancies. 38 parking spaces with 11 in the rear for employees.

Chair asks for comments from the public. There being none closes the public hearing and asks for comments from the Board.

Sam Giangreco – at the edge of Cameron’s there is an elevation difference between the properties. How will that be buffered?

Timothy Buehl – with a retaining wall and landscaping

Jill Fudo – will there be street side signage?

Timothy Buehl – near the entrance drive with an alternate location at the north east corner although looks like we will be going with the one to the north.

Sam Giangreco – run off to Hunter Brook appears to have been addressed.

Timothy Buehl – sheet drainage through the gas strip to the Brook

Laurie Michelman – any DEC issues?

Steve Lynch – site will have same impervious area post construction as it does now.  Roof drains to the rear? (yes).  There is more room for percolation before getting to the Brook.  No street trees on Grant Ave as DOT will not allow.

Jill Fudo – questions the number of tenants

Steve Lynch – for parking in a retail use it is based on the square footage of the project, not the number of tenancies.  This project exceeds the parking requirements.

Marc Murphy – 3 to 4 tenants are anticipated at this time.

Steve Lynch – AFD has reviewed and approved. Engineering has okayed drainage. Snow storage is provided. Recommendation is for a negative declaration on SEQR and Site Plan approval.

Chair asks for a motion for a negative declaration on SEQR. Motion made by Sam Giangreco, seconded by Mark DiVietro. All members vote approval. Motion carried.

Chairs asks for a motion for Site Plan approval. Motion made by Anthony Bartolotta, seconded by Mark DiVietro. All members vote approval. Motion carried.


Agenda Item 6: Public Hearing for Zoning Amendment Recommendation at 9 – 11 Logan St.

Steve Lynch – introduces Wayne Mason of Mason and Grant who has business on the site adjacent to the project property. Business has been there for 50 years with four rental units. Both buildings at 9 – 11 used to be attached and three stories, the top story removed due to fire.  This will be the overlay zone with the underlying zone remaining R2. Overlay will add more parameters.  This is a unique site, R2, obvious large commercial building, under utilized and nearly vacant.  To take the existing site and break it up is not feasible. It is destined to limp along as partially used if left R2. New technique to put back as a utilized building adding housing options and cleaning area up.  Reads through proposal – attached.  Board will not be approving any proposed plans, only the overlay zone.

Wayne Mason – had concerns but likes what has been shown so far.  Thinks it’s a good plan. Concerned that his building is boxed in.

Board comments.

Laurie Michelman – issue of permitted use re: elevator apartment – will there be a maximum height limit?

Steve Lynch – hadn’t thought about a maximum height. Thinks it unlikely anyone will add any stories.

Nancy Hussey – the maximum is 35 units

Laurie Michelman – but there is no defining the size of the units

Steve Lynch – we are not stopping anyone from adding stories.  This did not occur to us.  But we are talking about adaptive re-use – we don’t want to keep someone from expanding garages or other architectural creativity or changes.

Laurie Michelman – would like someway to limit or maximize what’s allowed.  Also, any way to limit what’s acceptable for retail establishments.

Steve Lynch – we try to put a box around what can be done while still allowing for business.

Nancy – reads definition for retail shopping center (section 305-43)

Steve Lynch – very broad definition but limiting to 30% floor area puts limit to what can be done there.

Nancy Hussey – but would till require approvals and subject to character of the neighborhood.  Residential district have height and maximum lot restriction.  Would have to establish some parameters.

Steve Lynch – so the proposal is to bring this for action at the October meeting for recommendation to City Council for action.

Chair – next meeting is October 3, 2006. Asks for motion to adjourn. Motion made by Mark DiVietro, seconded by Anthony Bartolotta. All members vote approval. Motion carried.