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06 - May 1, 2007
City of Auburn Planning Board
Tuesday, May 1, 2007 6:30 PM, MEMORIAL City Hall

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

Absent: Anthony Bartolotta

Staff:  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: 51 South Hunter Avenue R1: Single Family Residential Zoning District. Minor Subdivision Application for the creation of two (2) 120’ X 200’ (24,000 SF) single-family building lots that will be served by South Hunter Avenue.

Chair invites owner or agent to speak.

Thomas Donovan representing David Dickman – the new City Manager approached Mr. Dickman about purchasing a lot for a new home.

Steve Selvek – to clarify, the subdivision will be using utilities from S. Hunter St. and the lost will be 120’ x 200’.

Chair invites comments from the public.

Joe Rossi, S. Hunter Ave – not opposed to project but wants to know exactly where the lots are located.

Steve Selvek – directly adjacent to the last home there.  One lot will be building on, the other will remain vacant.

Joe Rossi – any plans for further lots?

Tom Donovan – not at this time.

Steve Selvek – as stated, Mr. Dickman was approached about getting the land.  He has no intentions of continuing with any further subdivisions that we know of.

Chair closed this portion of the public hearing and asks the Board for comments.

John Breanick – when will the applicant come back with building details?

Steve Selvek – the applicant would get a building permit from Codes for a single family home which would include the site plan to be reviewed there, not by this Board.

John Breanick – do these lots throw off any further development?

Steve Selvek – the likeliness of a paper street continuing is minimal.

Chair asks for staff comments.

Steve Selvek – this is a minor subdivision which is an unlisted action under SEQR and there are no adverse impact. The proposed use is allowable in the zone.

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

Chair asks for a motion for site plan. Motion for approval made by Sam Giangreco, seconded by Mark DiVietro. All members vote approval. Motion carried.

Agenda Item 2:  172 Grant Avenue. C-3: Highway Commercial Zoning District. Amendment to Site Plan Application for the construction of a 165’ X 100’ (16,500 SF) multi-tenant commercial building along with parking, storm water drainage, and landscaping.

Rick Mahr, Dunn and Sgromo, representing HDL Properties – we had applied for a 15,000 SF building but to accommodate the leased space the building need to be larger.  Revisions recommended are striped parking lot and more parking which was added up front near Grant Ave. This decreases the green space there but also no building will be placed there.  No other changes.

Steve Selvek – to clarify, since the last time the applicant appeared the original plan has changed:
·       The building is lengthened by 20’
·       Addition 18 parking spaces
·       Drive thru at the north end
·       The building has shifted 10 feet to the south
·       ZBA has approved a set back variance
·       Changes to the rear include stripe out and accommodation for deliveries

Chair asks the public for comments.  There being none closes this portion of the public hearing and asks the Board for comments.

John Breanick – any additional run off anticipated?

Steve Selvek – the original storm water drain report was designed to accommodate the proposed building .

Rick Mahr- run off for this was originally planned

John Breanick – has the building been eliminated from the rear of Taco Bell?

Rick Mahr – there are no plans for a building there at this time.

Laurie Michelman – questions handicapped parking

Steve Selvek – there is adequate handicapped parking for the use proposed

Chair asks for staff comments.

Steve Selvek – drainage report for the site approved by Engineering 4/23/06 is still effective. A similar plan received previously was approved.  SEQR review is still in effect.  DRC met to review and the few changes requested were addressed.  Staff and DRC recommend approval of the site plan.

Chair asks for a motion for site plan. Motion for approval made by Sam Giangreco, seconded by Jill Fudo. All members vote approval. Motion carried.

Agenda Item 3:  200 McIntosh Drive. C: General Commercial Zoning District. Site Plan Application for the construction of Phase 1 of a medical/dental office complex. Phase 1 will consist of the construction of a 4200 SF building, parking for approximately 25 vehicles, site utilities and infrastructure, landscaping, and storm water management.

Chair invites owner or agent to speak.

Jim Hagan, architect, Syracuse – drawings submitted.  Overall plan presented in March was for the development of 3 offices. The current plan follows the concept with the difference being the plan is for one building of 4200 SF, same as presented before.   The entrance is from McIntosh. Patient parking is to the south. The entry drive is to the front with the main drive continuing around the building to staff parking.  The other two building will be present when ready to build. Landscaping and sidewalk are included on site. Storm water analysis has been submitted. Application sent to DEC for SPDIES. Sewer plan shown. Water line, grading and lighting shown.  Parking as suggested was reduced from 86 to 82 spaces.  Will be doing 25 spaces at this time including handicapped spaces.  The building is one story, wood frame with peaked roof. Reverse gables on 3 sides, entry portico. Rear grade is lower and will appear as 1 ½ stories. Clapboard siding with stone veneer and architectural shingled roof.  Craftsman design intended for exterior & interior.

Chair invites the public to comment.

Don Cheney, attorney representing Phil. Walotsky – submits letter outlining objections.  Understood this was for one building only not 3. Revoke preliminary approval and deny use variance for offices.

David Nangle – Use variance received for offices although previous proposed tenants are no longer interested. Zoned commercial and allowed uses. How it ends up unknown at this time.  Will move forward with plans for the building. ZBA granted to previous owner, would not have bought without clear way to build medical office.

Laurie Michelman – the plan has future buildings referenced, if approved this evening condition will be to remove additional building on plan and get clarification from ZBA for future proposed buildings.

Steve Selvek – Site plan presented for approval is a 4200 SF building with parking and amenities.  Can have them resubmit plans without the future building on it. With regards to SEQR look at the potential building not of site.

Don Cheney – SEQR action at last meeting.

Steve Selvek – that was for the Board to take lead agency.  NYS SPDIES required.

Laurie Michelman – questions Corporation Counsel

Andy Fusco – reviewed the application, same questions raised spent time on in March.  Whether what is proposed is larger or not as proposed to the ZBA. Mr. Chaney’s submission does have exhibits not seen before.  Two things we are doing, SEQR and site plan approval.  RE: SEQR – consider the entire project heard to include all 3 building, parking, amenities, etc. even if never built. Approving a negative declaration does not bind the Board to approve any future projects.  Site plan of building 1 appears that in reviewing all paperwork the only difference is the size.  As Dr. Nangle did not have a firm concept at the time the size is not written in stone, his previous statement of 3500 SF is an off the cuff remark and not a firm commitment.  Use of a singular building was not commented on by Dr. Nangle or the ZBA but was commented on by the original applicant.  Characterization that the ZBA used singular not corrected.  Objections raised are not different than heard before.  Is this or is this not what the ZBA approved?  Not a question for tonight. Tonight is just to consider approval for phase I of the site.  If approved nothing binds the Board to approve anything else.  Recommends SEQR for the entire project and move to site plan action for building 1 only.  Would not amend map or make conditional – record is clear for approval of building 1 only.  Review what the ZBA allows.  If future buildings go forward they would have to refer back to the ZBA for further information clarification. ZBA will interpret as to what they think it should be.  Would recommend this be done sooner than later.

David Nangle – if it’s not medical/dental does it need to go back to ZBA?

Andy Fusco – don’t want to answer in vacuum.  Store or other business? If indeed the original plan is within the realm of ZBA approval for possible future development.

Phil Walotsky – purchased Murray Hill apartments a couple years ago. Originally looked at this property until the DEC looked at it – the elevations are not the same. Does not live in the city but visits often and owns property here. 7 tenants have threatened to move if the project goes through.  Disagrees with Corporation Counsel’s interpretations.  Asks what studies have been done. APD looked at it. No studies done by DOT. What fill will be used? This is a protected wetlands according to the DEC. There are plenty of vacancies downtown that can be used. More opportunities exist in other places not in an area proposed for residential use. Would be ok with multi-development housing but this is not what’s proposed. Light poles proposed are in excess and will spill onto neighboring properties.

Laurie Michelman  - reads e-mail into record from Tom Ryan in opposition to proposal. (attached)

Jim Hagan – will proved photometrics and back shields if needed.

Chair – closed this portion of the public hearing and asks the Board for comments.

John Breanick – is the property commercial?

Steve Selvek – it is general commercial which allows commercial enterprise but disallows medical offices.

John Breanick – 3 – 4 acres are not in the wetlands?

Steve Selvek – about 3 acres at most located outside 100 year flood plain.  He is located outside the flood plain.

Jim Hagan – the floor elevation is 1 foot above the flood plain.

Jill Fudo – does the lighting comply with the dark sky initiative?

Jim Hagan – Fixtures are down light only and done to maximize energy efficiency.

Jill Fudo – per ordinance no light spillage is allowed.

Steve Selvek – resolution is submitted from Cheney and Blair. Resolution made on floor – ZBA minutes are done verbatim (read from minutes)

Jill Fudo – no clarification of size, numbers, etc.?

Steve Selvek – not in the resolution but the discussion dances around the issue.

Laurie Michelman – questions traffic

Steve Selvek – DRC did meet and review numerous times. APD has reviewed and found no objections to the site plan as presented.  Any additional traffic would not be over burdensome to the neighborhood.

Chair asks for staff comments.

Steve Selvek – specific to the plan covered.  Look specifically at the short form EAF especially part 2 section c. Reviews SEQR.  Storm water pollution prevention plan reviewed by City Engineer and DEC.  Development does not add additional noise. The proposed project made to blend into the area.  Minimizes impact to Hunter Brook.  Vacant site filled with construction material.  DEC was contacted and has no comments specific to SEQR.  Will change intensity. The Board can make reasonable determination whither or not significant community impact are made.  This is Phase I, there may or may not be a Phase II, SEQR can occur again if future development significantly differs than what is presented now.  This is not different than what is legally allowed.

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

Steve Selvek – site plan specific to construction of 4200 SF building with parking, lighting, landscaping and storm water drainage.  They have put together a strongly detailed and complete site plan. Approval is recommended.

Laurie Michelman- questions lighting.

Steve Selvek – can be added but Code deems no spillage from the property.

Laurie Michelman – good idea to clarify.

Steve Selvek – looks specifically at lighting, providing only necessary for application. Set guidelines from proper installation and use.

Jill Fudo – dark sky initiative mandates how light is used in a way to not impact on the environment.

Laurie Michelman – contingent on no spillage.

Jill Fudo – road front planting waived?

Steve Selvek – existing vegetation significantly help buffer the building. Code allows the Board to consider the existing vegetation. Not to say, given the location, DRC feels sufficient for purposed along street frontage.

Jill Fudo – no directional arrows shown.

Jim Hagan – we can do them although they aren’t usually done on developments this size.

Steve Selvek – have seen them done both ways.  At times when the path is convoluted or a specific flow to the parking lot.  Since this is 2 way parking up to the preference of the Board.  APD did not have an issue.

Jim Hagan – actual spaces out of the main driving aisle.

Chair asks for a motion on site plan. Motion for approval with lighting contingencies made by Sam Giangreco, seconded by Mark DiVietro. All members vote approval. Motion carried.

Laurie Michelman – next meeting scheduled for June 5, 2007 at 6:30 p.m.  Asks that July 3 meeting be moved to July 10. All members agree.

John Breanick – asks is lighting issue with Baumes from Wendy’s ever addressed

Brian Hicks – believes this has been addressed.

Motion for adjournment made by Mark DiVietro, seconded by Jill Fudo.  All members vote approval. Meeting adjourned.