City of Auburn Planning Board
Tuesday, February 5, 2008, 6:30 PM, MEMORIAL City Hall
Present: Christopher DeProspero, Allen Zentner, Mark DiVietro, John Breanick, Anthony Bartolotta, Sam Giangreco
Absent: Brian Halladay
Staff: Stephen Selvek, Planner; Brian Hicks, Sr. Code Enforcement Officer; Andy Fusco, Corporation Counsel; Tom Week, APD
The Chair called the meeting to order. The Pledge of Allegiance was recited and roll was called.
Agenda Item 1: Minutes of January 2, 2008.
Chair asks for a motion to approve the minutes. Motion made by Allen Zentner, seconded by Mark DiVietro. All members vote approval. Motion carried.
Agenda Item 2: Application for Minor Subdivision for the purpose of subdividing an existing parcel into two individual parcels located at 114-116 Genesee Street. Parcel “B” would consist of an existing commercial structure and parcel “A” would consist of an existing residential building.
Chair invites the owner or agent to speak.
Gudy and Doreen Aristy – would like a subdivision of the commercial and residential portions of the current lot. The commercial business is running at present and the residence is rented out. Attempts to sell as one parcel have been unsuccessful. There is a verbal offer at this time to purchase the commercial site.
Chair invites the public to speak. There being none closes this portion of the public hearing and invites comments from the Board.
John Breanick – what type of business?
Gudy Aristy – to continue as is – pizza, carry out, deli. The business is in operation at this time.
Doreen Aristy – we have continued to run the business but it is a financial hardship due to competition.
Gudy Aristy – the people interested in the business have the capital to expand.
Christopher DeProspero – you will retain the residence?
Gudy Aristy – yes, it has been rented out since we’ve owned it.
Chair asks Staff for comments.
Stephen Selvek – the prime concern is if the subdivision will encourage continuation of a non-conforming use. A use variance from the ZBA is in place. Whether or not the non-conforming use is desirable within as R1 neighborhood. Staff recommends denial of the subdivision with the intent of the Code to return the parcel to an R1 zone. SEQR short EAF has been completed by the applicant with Part 2 drafted by Staff. Again, the only concern is Code outlines as an R1 and if this is in conformity with Code. Recommends a negative declaration on SEQR.
Mark DiVietro – if this goes through does the grocery stay?
Stephen Selvek – the commercial structure has a use variance to allow a small carryout and deli, it is already in place regardless of the subdivision. Does the Board want to encourage this or not? Given the long history in the City and area in particular.
Motion for negative declaration on SEQR made by John Breanick, seconded by Mark DiVietro. All members vote approval. Motion carried.
Gudy Aristy – agrees with what has been said but wants to move forward, not backward.
Andy Fusco – in addressing the hardship. In the past sales agreements have been negotiated contingent on any approvals required. Once this is done the potential buyer is the one who usually makes the appeal to the Board so the Board in giving relief hear the plans of the buyer. The problem now is we don’t know the buyer or their plans nor of any plans of agreement to purchase. The Board now runs the risk of approving a subdivision and sales plans fall through which will lead to a worse situation. We would like to meet the buyer and hear their plans so as to know the decision is not advisory.
John Breanick – is this something we can table?
Andy Fusco – yes, if what I’ve said makes sense.
Gudy Aristy – perhaps a motion pending the buyer’s written purchase offer but not to table.
Doreen Aristy – make the decision once the buyer is present.
Sam Giangreco – yes, that would lend us that level of comfort.
John Breanick – we could vote for preliminary subdivision
Stephen Selvek – concern is the Board needs additional information. The potential owner needs to present plans. Table until this info is provided.
John Breanick – has this been gone over with the applicants?
Stephen Selvek – I’ve spoken with the Aristys and made them aware of concerns. They were advised to make the presentation for guidance.
Robin and Mike DeBenedetto – introduce themselves as the potential buyers. Hoping to open a pizza and sub-shop. The DeBenedetto family has been in business before and wish to continue. May be interested in the residential property in the future also.
Andy Fusco – asks for a written contract.
Robin DeBenedetto – our attorney is drafting an agreement at this time.
Stephen Selvek – determine if the Board needs further info. The buyers are on record with their plans. Is the proposed use as stated desirable?
John Breanick – makes a motion for preliminary approval pending a formal contract and presence of the buyers.
Gudy Aristy – wants to know why it cannot be final approval.
Andy Fusco – we need proof of the final contract and binding agreement.
Motion seconded by Mark DiVietro. All members vote approval. Motion carried.
Agenda Item 3: Application for Minor Site Plan Review for the construction of a 28’ x 22’ (616 SF) addition to an existing automotive repair shop located at 339 State Street.
Chair invites owner or agent to speak.
Tim Sincebaugh – would like to erect an additional work bay on the north side of the building. It is the former Diego’s.
John Breanick – has done business with Mr. Sincebaugh and is very pleased with his work.
Chair invites the public to speak. There being none closes this portion of the public hearing and asks the Board for comments. Asks for Staff comments.
Stephen Selvek – this proposal required, and was granted, an area variance. This parcel is located in a C zone and the area is fairly industrialized and the use fits in with the area. Site plan review requires the site to be brought up to every aspect of Code requirements. The Board has the discretion of what to enforce. The area proposed for the addition had been used for parking. The plans are revised to show the new parking area and removal of the canopy and propane tank. This is a Type 2 action under SEQR and does not require further review. There is satisfactory evidence that all underground tanks have been removed. Staff recommends approval.
Motion to approve by John Breanick, seconded by Mark DiVietro. All members vote approval. Motion carried.
Agenda Item 4: Application for Major Site Plan Review for the construction of a Tim Horton’s Restaurant, approximately 2,400 SF, and associated site improvements located at 150 Grant Avenue.
Chair invites owner or agent to speak.
Joe Durant of TDK Engineering – the building will be within the Walgreen’s Plaza and near Taco Bell. There is a lease agreement for the building. It seat 36 with a drive-through where 85% of business is actually done. The drive-through queues 13. Storm water and utility plans received from HDL. Landscaping, drainage plans and lighting plans still need to be done. The dumpster is being relocated next to the building.
Chair invites the public to speak. There being none asks the Board for comments.
John Breanick – is HDL the owner? Shouldn’t they be here?
Stephen Selvek – we will need a letter from HCL that there is a lease agreement and that they approve of the construction which will be provided to the Board.
John Breanick – who will maintain the site?
Joe Durant – will get back to you on that. HDL is responsible for snow removal. We are waiting on TOPOL to finish the storm water management plans.
Stephen Selvek – re: SEQR, when the overall plans were first submitted the Board considered the full build out of the site. At that time a negative declaration on SEQR was given for the entire site and that is still in effect. Staff has reviewed this site plan and expressed concerns to the applicant. The applicant will clarify the actual size of the leased portion. Drive-through stacking, if over what is anticipated, will wrap around site and not onto any main streets. APD has expressed no concerns with traffic patterns. Landscape requirements reviewed. An area variance is required for the requested signs. There should be delineation of the drive-through from the rest of the paved area. Two striped paved out areas we would like to see curbed with landscaping. Request for
exiting portion of the drive-through facing on-coming traffic to put low shrubs if space allows. Other amenities included. Draft resolution for preliminary, DRC recommendations to be included.
Motion for preliminary approval with DRC recommendations made by Mark DiVietro, seconded by Allen Zentner. All members vote approval. Motion carried.
Other Matters
John Breanick – requests that Corporation Counsel be present at all meetings.
Next meeting is Tuesday, March 4, 2008 at 6:30 p.m.
Motion for adjournment made by Anthony Bartolotta, seconded by Mark DiVietro. All members vote approval. Motion carried.
Recorded by Alicia McKeen
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