City of Auburn Planning Board
Tuesday, March 4, 2008, 6:30 PM, MEMORIAL City Hall
Present: Christopher DeProspero, Allen Zentner, Mark DiVietro, John Breanick, Brian Halladay, Sam Giangreco
Absent: Anthony Bartolotta
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 February 5, 2008.
Chair asks for a motion to approve the minutes. Motion made by Brian Halladay, 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 one would consist of an existing commercial structure and parcel two would consist of an exiting residential building. Applicant: Gudy Aristy.
Chair invites the applicant to speak.
Doreen Aristy – asks to be heard later in the meeting. Awaiting arrival of attorney.
Agenda Item 3: Application for Major Site Plan Review for the construction of a Tim Hortons Restaurant, approximately 2400 SF, and associated site improvements located at 150 Grant Avenue. (Pending ZBA approval of Area Variances.) Applicant: Tim Hortons USA.
Chair invites applicant to speak.
Jack Krisanda – the restaurant has existed for about 40 years with 3,000 stores in the U.S. and Canada. It is predominantly coffee and danishes but is moving into lunches. The first goal is to make money, the second is to blend in with the community surrounding the area. The franchisee’s are required to live within the community and one in to be in the store at all times 24/7. This site was chosen for its visibility and access to the neighborhoods.
DJ Smith, engineer for TDK - this was last presented at the 2/5/08 meeting. Issues that were brought up at that time have been responded to. ZBA has approved the signage requested.
Chair invites the public to comment. There being none closes the public hearing and asks for Board for comments.
John Breanick – questions the maintenance of the site.
Jack Krisanda – Tom Horton’s maintains its own site and has a contract for snow removal.
Chair asks staff for comments.
Steve Selvek – three plans are included in the packets for site layout, grading and landscaping. SEQR was completed as a full build out scenario when Walgreen’s went in. There are two contingencies on the draft resolution for approval.
· Clarification of storm water management calculations, and:
· Labeling of the types of trees used in the landscaping.
Staff and DRC recommend approval.
DJ Smith – I believe the trees will be Japanese lilac.
Motion for approval of the site plan made my Allen Zentner, seconded by Mark DiVietro. All members vote approval. Motion carried.
Agenda Item 4: Application for Major Site Plan Review for the construction of a Rite Aid Pharmacy, approximately 15,000 SF, and associated site improvements located at 304-318 Genesee Street. Applicant: 1093 Group, LLC.
Chair invites applicant to speak.
Steve Selvek – the applicant is unable to appear due to unforeseen circumstances and the weather so I will be presenting. This site plan was presented at the January meeting. The Board had asked for clarification of some items which have been done. The ZBA has awarded approval for the signs. The plan is to remove the gas station and lighting store and to purchase part of the property of Coffee Host. There will be access at 3 points: 1 on Dunning Ave and 2 on Genesee St. There are some minor changes to the plan as shown.
Chair invites the public to speak. There being none closes the public hearing and asks the Board for comments.
There being none asks staff for comments.
Steve Selvek – SEQR is an unlisted action. The City has asked for a traffic study specific to a four-way traffic signal outside of P & C plaza. There appears to be no adverse affects concerning SEQR. Storm water drainage plan has been submitted along with a plan of the building aesthetics. This is a previously developed site and the proposal conforms to existing zoning.
Motion for a negative declaration on SEQR made by Mark DiVietro, seconded by Brian Halladay. All members vote approval. Motion carried.
Motion for approval of the site plan made by Mark DiVietro, seconded by Christopher DeProspero. All members vote approval. Motion carried.
Agenda Item 5: Application for Minor Site Plan Review for the installation of a Drive-up ATM kiosk located in the parking lot at the Auburn Towne Shopping Center at 315 Genesee Street. Applicant: Empower FCU.
Chair invites the applicant to speak.
- has decided not to erect the drive-thru at Byrne Dairy and has found this as an alternative site.
Chair invites the public to speak. There being none closes the public hearing and asks for comments from the Board. Chair asks for Staff comments.
Steve Selvek – SEQR is a Type II action. The proposal encompasses less than 2000 SF and therefore SEQR is not required. DRC feels the plans are acceptable and staff recommends approval.
Motion for approval made by John Breanick, seconded by Christopher DeProspero. All members vote approval. Motion carried.
Agenda Item 1 will be heard now.
Bill Crane, attorney for the Aristy’s – Still in negotiations for a purchase offer. Can’t guarantee a contract in the immediate future.~ The prime concern is whether the subdivision will be approved without an offer. Why is the subdivision contingent on the purchase offer?
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Andy Fusco – past experience is that the developer, not the seller, is before the Board to present the case with a contingency contract in place. You can see by those that were presented before you that is the way it is.
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Bill Crane – we are trying to make this marketable and find a potential buyer and it is easier presenting it as two properties rather than one with two buildings.
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Andy Fusco – doesn’t doubt that but that’s not what we do, we’re not here for a convenience. You don’t have a game plan. You are looking for relief to arguable enhance value. We don’t approve specs but definitive plans.
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Bill Crane – disagrees. The goal is to create property that is viable. What difference is it when the contract in replace?
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Andy Fusco – First you can’t fill properly fill out the SEQR form without knowing the possible future use.
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Bill Crane – the use is already determined.
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Andy Fusco – you asked for my reasons. Your clients may disagree but that is the answer.
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Doreen Aristy – reiterates that the business is there no matter what.
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Andy Fusco – another possibility, if a subdivision goes through without an offer, is that the house sells but the business doesn’t and ends up another blight property. I have personally visited this store every day for the last month and have not found it open, ever.
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Bill Crane – you are proving our point.~ We are not able to have a viable business. There are no buyers for the current configuration.
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Andy Fusco – the subdivision denotes the future use of both parcels.~ The future use of the house is clear, not so the commercial business.
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Bill Crane – the commercial business is clear, to maintain the use.
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Andy Fusco – we don’t want to halt progress but you are no further in negotiations.
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Robin DeBennedetto – we are no longer involved as potential buyers.
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Chair – closes the public hearing.
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Steve Selvek – the issue at hand is if the non-conformity is desirable.~ It is the recommendation of staff that the subdivision be denied, the building razed and returned to a residential single family home. If the Board feels the neighborhood store is an important part of the neighborhood they have to be comfortable with the possibility that the business could be abandoned if the subdivision is approved. Having a purchase order and definitive plans in place would give the Board a level of comfort that this is a wanted use. We require a signed purchase order so the Board knows the possibilities.
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John Breanick – I also have gone by the business numerous times and found it always closed.~ I had previously been for this 100% but not if the business is not open. The previous owners weren’t able to make a go of it.~ Mr. Selvek made valid points. I won’t support this.
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Sam Giangreco – concurs with John Breanick.
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Doreen Aristy – we open the business when we can, usually Sunday afternoons. Business will stay as is, it won’t move forward.
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Gudy Aristy – we have tried different options. None have worked. The subdivision would give us the option of selling one off. Would give the opportunity to market separately and sell.
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Steve Selvek – we would support a subdivision knowing the likely income of the property. We would not support it with out a sense of what will happen. Your options are two fold, table it until you have a viable contract or withdraw and come back with a contract.
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Bill Crane – if we withdraw there are no time limits involved.
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Steve Selvek – if tabled there needs to be a complete reapplication after the 2nd tabling. If it is denied significant changes will be required to be presented again.
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Bill Crane – which property will a purchase offer be required for?
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Andy Fusco – it will be determined when seen.
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Steve Selvek – the Board will determine
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Bill Crane – withdraws application.
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Agenda Item 6: Application for Special Permit to conduct a home occupation at 12 Lake Avenue. Applicant is seeking Planning Board approval to operate a moving business from the residence.
Applicants: Jennifer Gasparro & Michael Morgan.
Chair invites applicant to speak.
Jennifer Gasparro – we have revised the application to seek a home occupation. I will only have office space at the house for the employees to check in. The option for a garage has been removed and there will be no signs.
Chair invites the public to speak.
Susan Gasparro, Lake Ave – references Ch. 305 of the Municipal Code sections B, D, F and H and how she thinks these are being violated.
Andy Fusco – how many work in the house and on the road are different. We are only concerned with those actually working in the house.
Susan Gasparro – she has 5 drivers and up to 9 trucks. Her employees congregate on the premises with their vehicles. There have been complaints by others.
Sam Giangreco – get back on track. Things from the past are irrelevant.
Susan Gasparro – this does not conform with the definition of a home occupation.
Sam Giangreco – the revised application addresses a home occupation only.
Chair closes the public hearing and asks the Board for comments.
John Breanick – to operate a home based office there will be a dispatcher only. No trucks, equipment on the premises.
Jennifer Gasparro – I do both dispatching and delivering. There will be no customers on the premises.
Andy Fusco – asks for clarification of vehicles on premises.
Jennifer Gasparro – I have personal vehicles and one cube van. Other vehicles for the business are stored at an alternate site.
Chair asks for staff comments.
Steve Selvek – Guideline for the authority of the Board in granting a special permit is definitive in the Code. This will set the understanding of what the Board expects and what the Code will enforce. This is limited to a home based office within the residence which is allowed per definition. To reduce potential impact limit to office operations, no standing, parking, servicing or storage of vehicles and the Board can put a time limit on the permit to be revisited for compliance which can be extended if there are no outstanding issues.
Chair asks for a motion for a negative declaration for SEQR. So moved by John Breanick, seconded by Mark DiVietro. All members vote approval except for Allen Zentner. Motion carried.
Chair asks for a motion to approve the special permit with the contingencies outlined in the resolution. So moved by Brian Halladay, seconded by Mark DiVietro. All members vote approval except for Allen Zentner. Motion carried.
Chair – next meeting is April 1, 2008 at 6:30. Motion to adjourn. So moved by Brian Halladay, seconded by Mark DiVietro. All members vote approval. Meeting adjourned.
Recorded by Alicia McKeen
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