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01-January 5, 2010
City of Auburn Planning Board
Tuesday, January 5, 2010 6:30 PM, Memorial City Hall

Present: Anne McCarthy, Allen Zentner, John Breanick, Frank Reginelli, Christopher DeProspero, Anthony Bartolotta , Sam Giangreco  

Staff:  Stephen Selvek, Sr. Planner; Andy Fusco, Corporation Counsel; Brian Hicks, Code Enforcement

Absent: Tom Weed, APD

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

Agenda Item 1:  Minutes of October 6, 2009; November 4, 2009 and December 1, 2009
Chair asks for a motion to accept the minutes of October 6, 2009. So moved by Anthony Bartolotta, seconded by Anne McCarthy. All members vote approval with Frank Reginelli voting no. Motion carried.

Chair asks for a motion to accept the minutes of November 4, 2009. So moved by Anthony Bartolotta, seconded by Anne McCarthy. All members vote approval with Frank Reginelli voting no and Allen Zentner and Christopher DeProspero abstaining due to absence. Motion carried.

Chair asks for a motion to accept the minutes of December 1, 2009. So moved by Allen Zentner, seconded by Anne McCarthy. All members vote approval with Anthony Bartolotta abstaining due to absence. Motion carried.

Agenda Item 2: Application for a Special Use Permit to conduct a Home Occupation for a vacuum cleaner and sewing machine repair business at 121 Franklin St.

Chair invites the applicant or agent to speak.

Al Cook – has been in business for 25 years and now wants to semi-retire and continue on a smaller scale from his home with long time clients.

Chair opens the public hearing. No public to be heard. Chair closed public hearing and asks the Board for comments.

Anne McCarthy – questions billing

Al Cook – will be done at the home office.

Anthony Bartolotta – questions signage

Al Cook –just a direction sign at the back of the house.

Anthony Bartolotta – questions hours.

Al Cook – three days a week at the house and one day on the road.  Still does service work for various businesses and wants to continue.

Frank Reginelli – will the entire business be in the house?

Al Cook – mostly in the house but the garage will be used for some repairs.

Frank Reginelli – questions traffic.

Al Cook – it depends on the needs of the business and customers.

Frank Reginelli – questions sales.

Al Cook – selling is limited to items used for repairs. Sales tax will be assessed.

Anne McCarthy – questions retail sales

Andy Fusco – this problem has come up before. The sale of parts, which would be considered retail sales, is prohibitive. A workable solution may be to do pickups and deliveries so the actual sale is not at your residence but at the customer’s.  Questions off street parking.

Al Cook – 70% of business is pick up and delivery plus large mail order volume due to presence in other cities.

Andy Fusco – not troubled by mail order aspect but by drop off & pick up. Point of sale at the location.

Frank Reginelli – questions pertinence to mail order.

Andy Fusco – point of delivery is the point of sale.

Allen Zentner – questions off street parking

Al Cook – three spaces with two available for customers.

John Breanick – questions new units vs. fixed or replaced units

Al Cook – no new units are for sale

Anne McCarthy – questions clientele.

Al Cook – mostly businesses – pick up & drop off

Frank Reginelli – to be clear as a home occupation this must take place in the home

Brian Hicks – should be entirely in the residence

Frank Reginelli – then including the garage would change its use. Storage wouldn’t be a problem.

Andy Fusco – if the repair shop is in the home then it’s ok, outside the home would be prohibitive.

Chair asks for Staff comments.

Jennifer Haines – reviews C4 on SEQR. This is a special use permit and the Board can outline as it sees fit.

John Breanick – the business is conducted 2 – 3 days a week, it’s not a busy area and no big changes are being made.

Frank Reginelli – questions number of hours working

Al Cook – less than 20.

John Breanick – makes a motion for a negative declaration on SEQR, seconded by Allen Zentner. All members vote approval. Motion carried.

Chair asks for a motion to adopt the special permit with conditions as outlined for a home occupation. So moved by Frank Reginelli, seconded by Allen Zentner. All members vote approval. Motion carried.

Other Matters

Jennifer Haines – we received today plans from Indelicato Meat Market on Columbus St. for preliminary review.

Mike Palmieri – the proposal is for parking and site improvements. The plan is to provide maximum parking available. There is also a desire for an addition to house cooling units at the rear. We will be providing 11 parking spaces and landscaped areas. The business does have daily tractor trailer business and is trying to maximize curb cuts to accommodate.

Jennifer Haines – spoke with Stephen Selvek earlier he states previous comments have been incorporated. ZBA approval will be needed along with a coordinated SEQR review.

Frank Reginelli – are the parking areas paved?

Mike Palmieri – yes, they already are

Frank Reginelli – questions parking stops

Mike Palmiere – will be done

Jennifer Haines – we will work with Mr. Palmiere to bring the lot into compliance as much as possible.

Frank Reginelli – asks is the parking lot is lined.

Mike Palmiere – not at this time but it will be

John Breanick – asks if the coolers are permanent

Mike Palmiere – temporary refrigeration units

Frank Reginelli – questions set backs

Brian Hicks – this is a preliminary introduction – complete plans are not yet available. The City has not had time for review yet.

Allen Zentner – states for the record that he does work with Mr.’s Indelicato and Palmieri.

Jennifer Haines – the Comprehensive Plan has new language from City Council. There will be a work session this Thursday for discussion and hopeful adoption of the plan January 14, 2010.

Frank Reginelli – in favor of sidewalks but not if it increases assessment. Questions if legal action can be brought against prior homeowners for not installing sidewalks.

Andy Fusco – unable to answer at this time as this could become of question of law that may come up in the future.

John Breanick – differing views on sidewalks.

Andy Fusco – as streets improve certain condition come with that and that may include sidewalk requirements.

John Breanick – suggests alternate programs that would be available for those outside the current requirements.

Frank Reginelli – questions curbing

Andy Fusco – it is a similar situation

Jennifer Haines – the overall thread in the plan is for a walkable community with emphasis on sidewalks although curbing would make the area neater.

Next meeting will be Tuesday, February 2, 2010 at 6:30 p.m.  Motion for adjournment by Frank Reginelli, seconded by John Breanick. All members vote approval. Meeting adjourned.   

Recorded by Alicia McKeen