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01-January 3, 2012
City of Auburn Planning Board
Tuesday, January 3, 2012 6:30 pm, Memorial City Hall

Present: Sam Giangreco, Anne McCarthy, Sheli Graney, Crystal Cosentino, Frank Reginelli

Absent: Chris DeProspero, Anthony Bartolotta

Staff: Stephen Selvek, Planning and Community Development Program Manager; Andy Fusco, Corporation Counsel; Brian Hicks, Code Enforcement Officer; Greg Gilfus, APD

Agenda Items: 191 Franklin St., 255 Grant Ave

The Chair calls the meeting to order. The Pledge of allegiance is recited. Roll is called.

Chair welcomes the City Manager.

Chair asks for a motion to approve the minutes of December 6, 2011. So moved by Crystal Cosentino, seconded by Anne McCarthy. All members vote approval. Motion carried.

Agenda Item 1: Declaration of intent to act as Lead Agency for the review of a Zoning Amendment Request for the rezoning of lands, to be transferred between Auburn Enlarged City School District and  Nelson Associates, LLC (Fox Dealership), which include a rear portion of 191 Franklin Street.  Applicant: Nelson Associates, LLC.

Chair invites the owner or agent to speak.

David Tehan, Esp., Auburn, on behalf of Nelson Associates – Proposal is in early stages of SEQR. There will be an exchange of land between the School District and Nelson Associates (Fox Toyota) so that Toyota may comply with the new Toyota regulations for enlargement. Land will be given back to the school district to improve playing fields and drainage. School district lands revert to residential when transferred. Rezoning to Commercial required for transfer.

Chair asks staff for comments.

Steve Selvek – this is in the beginning stages. First approval is needed for the rezoning of the land as any land zoned Public in returned to an R1 zoning district upon transfer and a highway Commercial zone is requested to match the neighboring lands. The final determination of this will be made by Council.  We will begin with Lead Agency for SEQR. About three agencies are involved including the this Board, the School Board,  and City Council.  Staff recommends approval of this Board as the Lead Agency. Any project specific questions can be dealt with at a later date.

Sam Giangreco – is a member of the school board for the record but it will not have an impact on this matter.

Sheli – asks who is responsible for the SEQR cost.

Steve Selvek – Costs of preparing information to complete the environmental review are the responsibility of the applicant. City staff then performs the review.

Anne McCarthy – asks when the change will occur.

Steve Selvek – could be as early as the beginning of February if the Board recommends approval and all pertinent information is made available.

Chair asks for a motion to table this item. So moved by Frank Reginelli, seconded by Sheli Graney. All members vote approval. Motion carried.


Agenda Item 2: Application for Major Site Plan Review for the construction of a second floor addition, approximately 5,000 SF, and site improvements to the Scottish Inn and Suites at 255 Grant Avenue. Project Engineer: Craig Desormeau

Chair invites owner or agent to speak.

Craig Desormeau – additional information concerning photometrics is available. Brings Board up to date. Comments generated previously have been incorporated into current plans. DOT comments:
  • The northerly entrance must conform to DOT standards,
  • Traffic lights in the right-of-way removed to private property,
  • Sidewalk must continue through driveway
Previous plan of three months ago had violations to the zoning regulations in regards to proposed parking along the front. Required to have 10 foot set back.  All ordinance requirement have been incorporated. Drainage plan has been submitted to the City Engineer for review. Dumpster, curbing and sidewalk plans have been submitted. Additional required parking for the second floor addition being made up at most northerly part of the site and three along the front. Overflow in rear of site by one-story metal storage building.  Current plan deals with photometrics. Three proposed lights that will not leak onto adjoining properties. City required information on the right-of-way is in the project report. We have heard from DRC that Counsel is looking for permission. We have contacted the owner’s attorney who will be handling that issue.

Andy Fusco – list of concerns:
  • South end of the project has a twenty foot right-of-way across Mustad property. The plan calls for the r-o-w to be used by patrons going around the canopy.
  • The tree at the front of the canopy to be removed
  • Black top actually on Mustad to be removed.
Deed specifies use to be to/from Grant Ave. Access to Scottish Inn in other location. Intent to be used as circular drive around canopy area. Is this use in compliance with the intent of the deed? Also, do you have the right to remove the tree and black top? There is no right to remove the black top on Mustad property to the west. Suggests Scottish Inn contact Mustad counsel for clarification.

Craig Desormeau – this is sort of in the works. We do not have permission yet from the client to contact Mustad.

Andy Fusco – we hesitate to recommend any approvals at this time until this is resolved.

Craig Desormeau – looking for consensus of opinion that the plans are in compliance outside the r-o-w issue.

Chair opens the public hearing. None to be heard. Chair closes public hearing and asks the Board for comments.

Frank Reginelli – feels no action should be taken until complete set of plans is made available.

Andy Fusco – has no problem going forward with SEQR action. Important that Mustad is on board.

Craig Desormeau – hope to work on both issues and not hold off and do nothing while waiting for r-o-w issue to be solved.

Andy Fusco – those assurances can be gained from staff. Another concern is whether the first floor is structurally sound enough to support the second floor addition. This has been asked of the previous two engineers and still has not been answered.

Craig Desormeau – we have a licensed architect working on the project so we can’t answer that. We are working on the site plan only. The architect will submit to Codes for approval/inspection.

Chair asks for staff comments.

Steve Selvek – the site plan has been reviewed by DRC and is substantially complete. They have met the requirements for site plan as established in the Code. One outstanding issue was the photometric plan that was submitted tonight.  Staff feels the site plan is complete and sufficient except for the clarification of the r-o-w.  One comment from the Engineer is to have some type of erosion control at the outlet of the drainage pipe. Other issue to be resolved is the r-o-w and permission from the neighboring property to do work. This Board has already been declared lead agency for a coordinated review of SEQR with the DOT. Recommendation is for the Board to move forward with SEQR specific to issues on the short form EAF.  *Reviews SEQR* Staff recommends a negative declaration and we will continue to review the plans.

Frank Reginelli – approval contingent on removal of all other businesses?

Steve Selvek – it has been stated previously that the hotel will be the only business conducted.

Chair asks for a motion for a negative declaration on SEQR. So moved by Crystal Cosentino, seconded by Frank Reginelli. All members vote approval. Motion carried.

Next meeting is February 7, 2012 at 6:30 p.m.

Meeting adjourned.