ZONING BOARD OF APPEALS
MONDAY, SEPTEMBER 24, 2001
Members Present: Mr. Hare, Mr. Darrow, Mr. Temple, Mr. Westlake
Member Absent: Ms. Marteney (called), Mr. Gentile (called), Mr. Rejman
Staff Present: Mr. Miller, Mr. Tehan, Mr. Moore
APPLICATIONS APPROVED: 61 Cayuga Street, 17 Cayuga Street, 114 Clark Street
APPLICATION TABLED: 77 E. Genesee Street
Mr. Darrow: Good evening, this is the Zoning Board of Appeals. I am Vice Chairman, Ed Darrow. It is a 7 member Board, currently as you see we only have 4. It takes 4 yes votes to have anything approved, so you might want to think about if you would like to table until the next meeting which will be the last Monday of next month. I am going to give another 5 minutes or so to see if 2 of the other members do come, if you folks don’t mind. OK, thank you.
Thank you for your patience. We are going to be hearing at the regular meeting: 61Cayuga Street, 77 E. Genesee Street, 17 Cayuga Street
114 Clark Street will be at a special session meeting immediately following this meeting.
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61 Cayuga Street, R-1A, use variance for driveway in front yard, Dan O’Neill.
Mr. Darrow: 61 Cayuga Street, please. Please approach the podium, state your name and address for the record, and tell us what you would like to do.
Mr. O’Neill: Dan and Gale, my wife, O’Neill, 9518 Petrie Drive, Auburn. We own the property at 61 Cayuga Street and have owned the property since 1965. We are petitioning to keep a driveway we have had in place. We put the application in for at least 5 years, probably closer to 11. It is a two family home; it was originally a one family home. As many properties in the City turned into two families. We felt the need to provide off street parking for several years. Cayuga Street being a very popular cut through between Genesee and Franklin Streets because of the college and the different schools in the area and it is a straight shot opposed to like Seward Avenue with multiple stop signs. There is only one on Cayuga Street.
Over the years with the bus route, school buses, and snow plows the current tenants at the property now, the upstairs tenants is a Fire Chief for the Town of Fleming of which I am a volunteer firefighter myself out in Fleming. He is on call 24 hours a day and as the Chief he has the red lights and sirens, the whole nine yards, when the pagers go off he exits the property and goes to the Town of Fleming or the scene. The downstairs tenant would be forced to park in the road with alternate side parking in the winter and the proximity to the corner of Franklin Street, it is the very first house off the corner of Franklin Street, and it is a very dangerous area. There are several young children, two living upstairs and several across the street, playing in the area, traversing back and forth
between the properties. It was felt by the neighbors and us the more cars kept off the street or out of that area, a heavily congested area, fewer cars for the children to go between the cars when they cross back and forth to the houses as they play across the street with each other.
Over the years it presented really no problem, the neighbors all signed a petition are in accord and are supporting the driveway. They felt it would help them out also with the children and the off street-parking situation.
Mr. Darrow: OK, thank you Mr. O’Neill. Any questions from the Board members?
Mr. Temple: Not sure about something you said something about 5 _11 years.
Mr. O’Neill: We put on the application the driveway had been in existence for 5 years at least, I say 11, she says 9, she is usually right so, for the sake of argument, I will say 9 years. We remember putting it in and we remember stoning it and re-stoning it so you don’t sink out of sight. We actually put some wooden curbing up to partition the driveway and make it a little cleaner; I guess that is in violation too. We have since had that removed. Basically trying to keep the roadside clean.
Mr. Darrow: Any other questions? Is there anybody here to speak for or against this applicant? Is anybody present to speak for or against this applicant? Hearing none, we will close the public portion of the session. Please feel free to be seated. We are about to discuss it amongst ourselves.
Mr. Hare: I stood there on that section, it is so close to the corner, I can easily see where cars whip around that curb going either way, it can be dangerous. I have no problem with it.
Mr. Darrow: We also have the Municipal Code that you can’t park within 15 feet of the corners.
Mr. Hare: The fewer cars at that end of the street the better.
Mr. Temple: I think about an application we had maybe six months ago for a front yard conversion on Capitol Street.
Mr. Hare: They paved the whole front lawn.
Mr. Temple: Excuse me?
Mr. Hare: Is that the one where they paved the whole front lawn?
Mr. Temple: Yes. I had some reservations about that, but I guess if we are going to do it for one, I would like to see, for myself anyway, these applications try to be as uniform as possible in applying the same standards for everybody.
Mr. Darrow: I can understand your concern Mr. Temple. The one on Capitol Street as I remember it was all asphalt for the entire front. The other thing that sticks in my mind that makes this not so over whelming is the fact that it is just about a 10 foot wide patch.
Mr. Temple: I am not being vindictive or against this.
Mr. Darrow: OK. Mr. Westlake?
Mr. Westlake: All set.
Mr. Darrow: The Chair is entertaining motions. Yes Mr. Temple.
Mr. Temple: I would like to make a motion that we grant a area, says use variance on here, but should be area variance shouldn’t it?
Mr. Miller: It is the use of the property as a driveway in the front, that is the problem.
Mr. Temple: Make a motion that we grant a use variance for 61 Cayuga Street, property owned by Gale and Dan O’Neill for a 1 car driveway in the front lawn.
Mr. Darrow: We have a motion on the floor, is there a second?
Mr. Hare: I’ll second it.
Mr. Darrow: Second from Mr. Hare.
VOTING IN FAVOR: Mr. Hare, Mr. Temple, Mr. Westlake, Mr. Darrow
Mr. Darrow: Mr. O’Neill your variance has been approved. You will receive written notification in the mail.
Mr. O’Neill: Thank you very much.
Mr. Darrow: Thank you.
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77 E. Genesee Street, R-2, use variance for parking lot, Langham Funeral Home.
Mr. Darrow: 77 E. Genesee Street. Please state your name and address for the record.
Mr. Langham: John Langham, 77 E. Genesee Street, or 75 E. Genesee Street, Mangham’s Funeral Home. I purchased 77 E. Genesee Street for use of the lot as a parking lot. Mainly to alleviate _ the safety of people attending the wakes and congestion on Chestnut Street which is directly across the street and Lewis Street, S. Lewis, which are both narrow streets. Wintertime you get traffic on both sides of the street, snow piled up, it is a real difficult corner. I feel that that the City Police and Auburn Fire Department would favor such a movement keep traffic off the road and keep it for being congested so that they can get down through there in case of an emergency.
Mr. McLane: I am Jack McLane, I am suppose to be his lawyer (everyone laughs). John was supposed to be out of town, out of state, and he asked me to come and then his trip was cancelled. I believe a week or so ago I submitted a letter from St. Alphonsus Church which owns all the surrounding property around the Langham parking lot. The Church is in favor of having some additional parking not only because it will reduce the Langham Funeral Home reliance on them Church wise but that it will also give the Church the ability on Sundays and days when they have funerals to utilize his additional parking spaces.
I think that all of us that have been to the Funeral Home know that more cars that we can get off the road on E. Genesee Street, particularly S. Lewis Street probably the better it will be for safety reason because people cross right in, I do it myself, go from one side of E. Genesee to another and it can be somewhat hazardous and in the winter time when S. Lewis gets snowed in it makes it difficult.
The lot is not a large one; it is 66 feet frontage on E. Genesee Street. There won’t be an awful lot of parking spaces created, I think it will be up to, John will have to work with Jim Moore or the Engineering Department of somebody to design something acceptable so that it is no overloaded. I know the Zoning Code spells out some of the requirements.
Mr. Darrow: Yes.
Mr. McLane: So we are not talking about a lot of additional cars but we are talking about some additional capacity in the area. I believe that both Police and Fire have no objections to it.
Mr. Langham: I think the lot adjacent to that which the Church owns, I think I counted around 20 to 25 cars, that is about the same size as this lot.
Mr. Darrow: Thank you. Any questions from Board members? Yes.
Mr. Temple: As far as the road cut, will you be using the same road cut that currently exists for that?
Mr. Langham: Yes.
Mr. Temple: I think the structure that is indicated on the drawing, the house was in very bad shape; it had to be taken down?
Mr. Langham: Yes. It was the old garage; it was in very bad shape.
Mr. Temple: I guess if I could, ask a question of your counsel. Is there any reason why the two properties couldn’t be joined?
Mr. McLane: You mean combined into one tax map number?
Mr. Temple: Yes.
Mr. McLane: Probably should be, just for simplicity sake, I think it would be a good thing to do.
Mr. Temple: Just wondering if that occurred would this even be needed as far as the variance, I guess I am looking for some
Mr. Darrow: That is something that they would understandably look at down the road. Currently I can see that he already had the building razed today so I am sure that is something they are looking to move forward as far as the variance and then ascertain at a later time bringing the two properties together.
Mr. McLane: Once the structure is gone I think we would want to merge them. That would be something to look at.
Mr. Darrow: For the knowledge of the Board members, let the record show, that I met with the traffic officer Weed this afternoon and he has reviewed the site and he has no concerns about it and does concur to move forward so that will alleviate some of the on-street parking.
Mr. Temple: I just want to ask another question. It seem as though the way our meeting order goes, we will have to talk about it after perhaps, but I am the Chair will give me some latitude in that, the question I have pertains to the fact because it is a use variance this proposal should be going before the Planning Board I think.
Mr. Moore: Yes, any time you deal with a parking area over 7 cars, they have to go to the Planning Board.
Mr. Temple: OK. Here is my question, have you given any consideration to, I know you have a very nice property the one that you are using and have you give any consideration as to landscaping.
Mr. Langham: Same as the Church has done. The have the area between the walks and the road with grass and it would remain the same at 77 and then the other area towards the parking lot we will have some bushes.
Mr. Temple: Towards the Church parking lot?
Mr. Langham: Yes, towards the lot.
Mr. Temple: Will you be paving right up to the Church property?
Mr. Langham: Yes
Mr. Darrow: Mr. Temple, if I may, this may help your question. When they go to Planning the Board will review a site plan and at that time they will develop a buffer zone of what is required and is going to be needed to make it aesthetically pleasing and to keep any noise down from the vehicles.
Mr. Temple: I understand that, the part of the process. I guess I was seeking to understand as to the lot, how the lot was going to be used, going out into the future. If it is one common lot with the Church, I think it will be used differently than if it not, it is kind of why I asked the question.
Mr. McLane: I think the idea is to allow both the Church and Langham's to go back and forth. Now again whatever the Zoning Code requires as to buffers and shrubs and those dealings with landscape, whatever reasonable conditions they want to put on it we are all in favor of it. The last thing John Langham wants is someone who deals with the public on a regular on-going basis is to have a piece of property that doesn’t look nice. It will look nice but I guess with that we will work with the Planning Board to give us some direction as to what they would like and again this is not a big lot.
Mr. Temple: I understand. Sometimes there is a trade off, one more spot for bushes. As the Chair points out that it belongs to the Planning Board I was just curious as to what you thought about in that regard. Thank you for answering.
Mr. Langham: When Jack first started these papers, the Church, I don’t know if any of you remember, when the old rectory was in the front on Genesee Street, that came down, I believe Father Rogers was there as Pastor and he gave both Mr. Mosher, he was alive, and myself, permission to use that lot and we are doing the same.
Mr. Darrow: Any other questions from any other Board members? Hearing none,
Man in Audience: What about the public?
Mr. Darrow: I will be moving on to that next Mr. Deming. Hearing none, please feel free to be seated.
Mr. Langham: Thank you.
Mr. Darrow: Is there anyone wishing to speak for or against this application? Please state your name and address for the record.
Mr. Deming: Mike Deming, 165 Franklin Street. There are a lot of businesses in this residential looking section Genesee Street there are houses. This is the entrance to our City; the precedence you set will turn it into a sea of blacktop. The building across the street comes here next month, they buy the property, they bulldoze the property, knock down and then they are here to get a parking permit. All of a sudden changing the whole character of the entrance to our City. Nothing to do with this individual or how he will take care of it. But all of a sudden now a sea of blacktop, Holy Family starts creeping down the street, starts moving down the street, you set the precedence here today. We have nothing to stop from demolishing a house; there are businesses across the
street, further up the street, what you did today will set precedence. I am totally against this. The blacktop going there, what is to protect this neighborhood? If you live across the street, down the street. This is the gateway to our City, this is our main street where people come and go and what you do today in deciding this - how do you tell somebody across the street next month “no”. Even though this is a small spot, you take away the green, you are just creeping, where does it stop? That is my concern.
Mr. Darrow: OK. Thank you Mr. Deming. You have a question (to Mr. Temple)?
Mr. Temple: Yes. If I may.
Mr. Darrow: Certainly.
Mr. Temple: Did you have an opportunity to view the structure that was recently razed on the property?
Mr. Deming: Yes, I addressed that at City Council.
Mr. Temple: I see.
Mr. Deming: I asked City Council that the ordinance needs to be changed in the City that people can randomly just knock down, for the simple reason that it is our tax base. In most cities where I’ve lived I couldn’t knock the garage down at my house unless I had plans to build a new garage because they told me that the ordinance covers that, they don’t want to lose their tax base, which makes perfect sense. We couldn’t fight them from taking the building down because there is nothing to prevent it
Mr. Darrow: Yes, they have to file for a permit to take the building down, so if Mr. Moore deemed it, he would have denied the permit to tear the building down. So they just can’t go and demolish a building to kill tax base. It does have to go before Mr. Moore and his office.
Mr. Temple: Mr. Moore, is it true, do you have a place to make a decision or just the issuing of a demolition permit?
Mr. Moore: Just has to have a demolition permit.
Mr. Temple: Discretionary ruling.
Mr. Moore: Just in the Historic Preservation District I have a say, other than that no.
Mr. Temple: You say you were before City Council
Mr. Deming: I would like to have City Council change the way it works, that you just can’t knock a house down, but that is not the point here, the house is gone and the ordinance, they are asking this Board to change what the City of Auburn allows them to do.
Mr. Darrow: That is what we do every month.
Mr. Deming: Right. And this is my opportunity to oppose it; I am totally against this because of the precedence that will be set.
Mr. Temple: Did you speak to the City Council about this particular structure?
Mr. Deming: Yes.
Mr. Temple: Did they take any position as a Board?
Mr. Deming: The ordinance does not cover that district, that is not in the district. What the Historic Resources Review Board now is starting a process of doing an analysis of the whole City to designate and in the future come before the City and get them to change the way things happen, but everything takes time and this is gone.
Mr. Temple: I think there is a point and I would like to hear you describe, I wasn’t in the house, I viewed it from the outside before. What kind of condition was it in the inside as far as...
Mr. Deming: I wasn’t inside.
Mr. Temple: You weren’t inside.
Mr. Deming: That really wasn’t the concern, it is just how this process goes.
Mr. Temple: I understand.
Mr. Deming: At this point it doesn’t make any difference, the house is gone and they are asking you to change to go from what the ordinance states.
Mr. Tehan: Mr. Deming, if I might, an application before the Zoning Board doesn’t necessarily set precedence. Each application is unique on its own facts. So one application may be granted in one instance where they are asking to be allowed to do “x”, somebody else coming along asking to be allowed to “x” may not receive that variance, because again every application is unique.
Mr. Deming: Right, even if we leave that part out uniqueness here, I am opposed to making that a sea of blacktop from the Church to farther up the street. I live on Franklin Street and if the Police came to the corner of Seward and they said that they wanted to widen that to 4 lanes there so that you could have a right turning lane, Officer Weed would say that would take a lot of traffic off of Franklin Street, we don’t want to knock the house down on the corner, to me that isn’t a good enough of a thing just because the Police think it would make it easier, there are a lot of intersections in the City of Auburn that if you made 4 lane intersections it would make everyone’s life easier. That is not the issue.
Mr. Darrow: But unfortunately public safety is an issue. It is an issue with everyone.
Mr. Deming: For me, in this particular situation I don’t agree.
Mr. Darrow: Any other questions for Mr. Deming? You may be seated. Thank you. Anyone else to speak for or against this application? Anyone else to speak for or against this application? Hearing none, we will close the public portion and discuss it amongst ourselves.
Mr. Hare: I grew up in that area. I was baptized in St. Alphonsus Church and I live in that area now, I have driven by that area probably three times a day for my entire life and one thing that did strike me about that they keep the Funeral Home very nice, they keep the Church very nice. Whether people are going to Church or whether people are going to a funeral it has always struck me how absent-minded they are. With good reason when they are going to a funeral, they aren’t paying attention when they are getting our of their cars and many times over the years, I have seen people do some very stupid things out on that street because they were getting out, they weren’t paying attention.
I do understand the slippery slope argument of not waiting to pave over the entire town. I am convinced that this will be kept very nice and I am absolutely convinced that it is a pure safety issue and I think this one particular case that will have affect on peoples safety in the future. I think it will save somebody.
Mr. Darrow: Thank you Mr. Hare. Mr. Temple?
Mr. Temple: Yes, thank you. I have some problem with what occurred here. The problem that a house get bought, a house which has a by the way significant architectural detail to it, house which is as Mr. Deming pointed out in a gateway type of street where people come in from one direction. To see a house of that sort and I wasn’t in it, I was around the outside to look at it, it needed some work on the porch, but that house from the outside seemed to be something historical in nature and I feel we do ourselves a disservice any time we approve something of this nature.
First of all the house, he got the necessary permit, he didn’t do anything incorrect and he has torn it down and now he comes to us and he wants us to make a finding for him as part of this resolution that we have our model resolution, that this hardship has not been self-created. The hardship we are talking about is financial hardship, relating to the property. We have had no finding or showing of any sort that there is anything as far as economic hardship here whatsoever. That house and the structure that was behind it I think probably a carriage house or garage whatever you want to call it at one time, certainly had some economic viability to it in some form. Again, I wasn’t in it, I don’t know, I don’t possess the facts as to what condition it was on the
inside. I do know that there we people scurrying all over that place, taking pieces of the house off that were of some valuable to somebody.
I look at the findings that we need to make here and I just don’t see we can make them. Now I want to be fair to the applicant, we have a short Board here tonight and I expressed my opinions I don’t know how the other Board members here will feel about it, but in difference to the applicant, I would offer a tabling until we have more members here so that we can have a full Board rule upon it. But I don’t feel that I can find the things that are required.
Mr. Darrow: Thank you. Mr. Westlake? Any input?
Mr. Westlake: No.
Mr. Darrow: OK. One thing that I can’t stress enough to all Board members, is yes we do have a check list of what criteria needs to be met, should be met, but the point of it is that with each variance that comes before us, the order of that criteria may change. Now to show financial hardship in needing a parking lot doesn’t hold as much weight as showing a financial hardship why you want to convert your single family into a two family. Saying that if no other members have anything to put forth I will honor your request, yes sir?
Mr. Temple: I would like some further discussion.
Mr. Darrow: Sure.
Mr. Temple: Mr. Moore, do I understand that if these two properties are joined together that there may not be a need for the use variance?
Mr. Moore: There is still a need.
Mr. Temple: Still a need because it is a parking lot over a certain size?
Mr. Moore: It is a permitted use in an R-2 single multi-families. Now he is establishing a parking area, that would be the use.
Mr. Temple: I was trying to look for a way whereby we might be able to recognize the fate of the old house being torn down and not yet pass anything that would constitute trend setting type of direction for the Board. I am not really comfortable with what has occurred here. I see this as being the same thing that occurred over on South Street. Street South right next to the Funeral Home was a house there, now that house wasn’t torn down because of the fact it was in a historical designated area.
Mr. Hare: I love old architecture but to go back now and punish these people for tearing down the house, I don’t think that is within our jurisdiction.
Mr. Temple: I don’t know I would use the term punish, I would use the term that we have - we only get our power to enact for instance, by making certain findings. If they come to us after it has happened, I don’t see it as being our punishment of them.
Mr. Hare: But if we are using the reasoning that as you started your reasoning with these old houses need to be preserved, we can start with the precedent of paving over all these things and then back into the issue of the parking lot, at least the way you structured your argument it sounded like punishment.
Mr. Temple: I certainly have no desire to punish and I do see the public safety related issues. I certainly recognize that he keeps a nice property there and it would work well for St. Alphonsus, I can see those different things, but I personally do not see that we have legal authority to proceed given the requirements that we have to find. I don’t think he made the presentation here tonight as to any economic hardship what so ever. We didn’t hear any numbers anywhere in the presentation here tonight. Perhaps if we rehear it next month, they can come back and bring us some more
Mr. Darrow: Mr. Temple if you will allow me, Mr. McLane, would you please approach the podium.
Mr. McLane: Yes.
Mr. Darrow: At this time I will allow you for consideration a chance to table for next month. Right now there is some concern about any financial hardship that has not been shown if you are not allowed this variance. It has been the Chair’s more or less obligation in the past, that if somebody’s application is felt to be significantly incomplete at a presentation, they are allowed to table. Hence forth at this time, I will allow you to table until next month’s meeting if you so desire.
Mr. Hare: You need everyone here to vote yes.
Mr. Darrow: You have to understand that. You need 4 yes votes.
Mr. McLane: I understand all that, and I am certainly, I think it might be a very good idea to make such a motion and I certainly will make it but what I would say, this home is not in the historic district. I can tell you what the interior was like since I have been in there. Probably most recently maybe15 years ago at a funeral, it was in extremely poor condition at that time. It was a Funeral Home before Mosher-Neagle Funeral Home. The house itself unless you wanted to get into more multiple type dwellings and convert this into 3 or 4 apartments which is not doing much good for that area of the street, look around there, the ones that are residential are a travesty, a mess at most of the houses on that side of the road. All I am saying is Mr. Mangham’s house that he
bought specifically for the purpose of a parking lot because he does not have parking, because it is dangerous, because S. Lewis Street is too narrow particularly in the winter time. Economically he went out and spent $75,000 for a lot in the City of Auburn. I don’t know too many people that would do that no matter where it is located. So if you want economic hardship you have a $75,000 lot
Mr. Darrow: Mr. McLane, I am sorry to interrupt you but I think what we need to do is either accept that you would like to table it
Mr. McLane: Yes, we will table it.
Mr. Darrow: And that way you could have your proper arguments prepared for the next meeting. I see no problem with you going forth with the clean up because it is already down and that is the permit that Mr. Moore has authorized. But unfortunately I don’t see you being able to do any further than that. The record will show that you will be first on the agenda for our meeting in October, October 29th, 7:00 p.m.
Mr. McLane: OK. Thank you. Do you have to vote?
Mr. Hare: I would like to make a motion to table.
Mr. Darrow: We have a motion.
Mr. Westlake: I’ll second it.
Mr. Darrow: Second by Mr. Westlake. All those in favor. Opposed? Unanimously carried.
Mr. McLane: Thank you very much.
Mr. Darrow: Yes Mr. Langham.
Mr. Langham: You are telling me I can clean up, does that include filling in the hole.
Mr. Tehan: You have to, that is a public safety issue.
Mr. Langham: Then it will be filled.
Mr. Darrow: Thank you.
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17 Cayuga Street, R-1A, area variance of 230 s. f. for shed and 3' side yard variance. Mike DiMatteo.
Mr. Darrow: 17 Cayuga Street. Good evening, could you please state your name and address for the record.
Mr. DiMatteo: Mike DiMatteo, 17 Cayuga Street.
Mr. Darrow: Mr. DiMatteo, I am going to reiterate again that it is a 7 member Board and there are only 4 of us. Would you still like to go forward.
Mr. DiMatteo: Yes.
Mr. Darrow: OK. Please explain what you would like to do.
Mr. DiMatteo: Put up a storage shed something that is going to be presentable to the neighborhood not to make it look like a shed. It will be garage style, 230 square feet, two windows and a front door, garage door and two windows to make it look nice, I need the space.
Mr. Darrow: I see you are purchasing it from, is it Quality Sheds?
Mr. DiMatteo: Yes.
Mr. Darrow: Is this a pre-made shed that is going to come on a trailer and just be set down?
Mr. DiMatteo: Yes.
Mr. Darrow: OK. Any questions from any Board members?
Mr. Temple: Most of the property line is right on it?
Mr. DiMatteo: Yes, I did give; I had a piece of paper written from the neighbors that they didn’t mind having the building right on the line.
Mr. Temple: Is there a foundation?
Mr. DiMatteo: Yes, there was a kennel there.
Mr. Temple: Which way will the roof shed water?
Mr. DiMatteo: It is going to shed it all on my property. One thing that I did was to make sure it cleared my neighbor’s; the water will not be on their property, it is going to be on mine.
Mr. Temple: No further questions.
Mr. Darrow: Mr. Westlake?
Mr. Westlake: No questions.
Mr. Darrow: OK, you may be seated, we may call you back. Is there anybody here to speak for or against this application? Is there anybody present to speak for or against this application? Hearing none, we will close the public portion and discuss this amongst ourselves.
Mr. Hare: It is a huge yard.
Mr. Darrow: Very bid yard.
Mr. Hare: I don’t see a problem with it, especially since he has the neighbor’s ok.
Mr. Darrow: Mr. Temple.
Mr. Temple: No problem with the application. Type of use people want to use for residential property, get things under cover.
Mr. Darrow: Thank you. Mr. Westlake.
Mr. Westlake: No problem with it.
Mr. Darrow: The Chair will entertain a motion.
Mr. Hare: I would like to make a motion that we grant Mike DiMatteo owner of the premises located at 17 Cayuga Street, an area variance to erect a 12 x 15 shed on his property at 17 Cayuga Street.
Mr. Darrow: Thank you Mr. Hare. Do I have a second?
Mr. Westlake: I’ll second it.
Mr. Darrow: Second from Mr. Westlake.
Mr. Moore: There are two variances there.
Mr. Darrow: There is a side yard
Mr. Moore: Side yard and the other one is a variance of 236 square feet.
Mr. Tehan: See the second page of the resolution.
Mr. Hare: Further resolve that the ZBA does hereby grant to the applicant two area variances:
1. 230 square feet in area and
2. 3 feet from set back requirements on south side of premises known as 17 Cayuga Street.
Mr. Darrow: We have an amended motion.
Mr. Westlake: I’ll second that.
Mr. Darrow: We have a second on the amended motion from Mr. Westlake.
VOTING IN FAVOR: Mr. Hare, Mr. Temple, Mr. Westlake, Mr. Darrow
Mr. Darrow: The application has been approved. You will receive official notification in the mail. You may stop down to see Mr. Moore for your permit.
Mr. DiMatteo: Thank you.
Mr. Darrow: Thank you.
At this point, I will entertain a motion to close our regular meeting.
Mr. Hare: I make a motion that we close the regular meeting.
Mr. Temple: I’ll second that.
Mr. Darrow: I have a motion and second from Mr. Temple. All those in favor. Opposed? None. Unanimously regular meeting is closed.
114 Clark Street, front yard variance of five (5) feet from the allowed set back requirements. Mario Buttaro.
Mr. Darrow: I will now call to order a special session of the Zoning Board of Appeals for the purpose of discussing 114 Clark Street. Would the applicant please approach the podium? Give your name and address for the record.
Mr. Buttaro: Mario Buttaro, 6 Arch Street, Auburn, New York.
Mr. Darrow: Can you explain what you would like to do sir.
Mr. Buttaro: What I would like to have is 2-½ feet variance. We have 12 ½ feet to the front of the old building and we want to go even with that and we need 2 ½ feet in order to do it.
Mr. Darrow: Any questions from Board members? Mr. Hare?
Mr. Hare: No.
Mr. Darrow: Mr. Temple?
Mr. Temple: I didn’t have time to look at it.
Mr. Darrow: OK. Mr. Westlake?
Mr. Westlake: Why did you start building before you came for the variance? I drove by and you have masons working there.
Mr. Buttaro: We started and we were told to go ahead with it on a temporary basis. If we don’t get the variance then we can’t go
Mr. Darrow: A building permit was then secured then from Code Enforcement?
Mr. Buttaro: Yes it was.
Mr. Moore: What happened is his contractor, he is not used to our zoning regulations, he felt that the building was 42 feet from the City right of way. When they came in and got their permit everything looked good and it showed 42 feet until we went out and looked at the footing, we check footings before they pour, and that is when I told Mr. Buttaro that something was wrong. This is nothing of his making; it is the contractor who screwed up. 42 he was measuring from the center of the road, you can’t do that. This is why I met with the City Manager and the attorney we told him to continue on at his own peril, but he could come to the Board and we would certainly support him. There is a possibility of 20 new people getting a job at this factory.
Mr. Westlake: I guess I am a little confused as you told him to go ahead and it might not pass.
Mr. Moore: We told him at his own peril. If it didn’t pass, we didn’t also want to stop the building because he has to have it up.
Mr. Buttaro: I bought another company out over near Albany and we need to get the new presses in and all the equipment associated with it and without the building we can’t do it.
Mr. Darrow: I can understand wanting to keep the façade of the building all the same, it is not like it is the side or the rear because there is sometimes nothing more unaesthetically pleasing than a staggered façade. I can understand what they are looking for here. Yes Mr. Temple.
Mr. Temple: The drawing which you have here has some shaded lines, is that the area of your addition?
Mr. Moore: Yes, this one, I corrected it. This was the site plan here is where the guy had his 42 feet. That is the shaded part. I really feel that it was not Butteries fault that this happened. Solely on the shoulders of the contractor.
Mr. Darrow: Any other questions? Mr. Buttaro you may be seated.
Mr. Buttaro: OK, thank you. Is there anybody present to speak for or against this application? Anyone present wishing to speak for or against this application?
Mr. Buttaro: I would like to speak.
Mr. Darrow: Yes.
Mr. Buttaro: Mark Buttaro, President of the company.
Mr. Darrow: Please give your address for the record.
Mr. Buttaro: 407 N. Seward Avenue, Auburn.
Mr. Darrow: Thank you.
Mr. Buttaro: I would just like to say that basically like Mr. Moore said, we went along and told the contractor to make sure go through everything that has to be done, make sure everything is right done by the permit and we are too busy trying to coordinate things at this end, we need you to coordinate things over there and make sure that things are done properly and legally. What took place here, had nothing to do with us, our contractor didn’t know the rules and regulations of the City. We are bringing jobs to Auburn. Also like to state that the jobs that we bring in a lot of these people are coming from the neighborhood that area. So basically we are helping that area. Take a look around Jefferson Street, Orchard and all that. With Clark Street being the way it
is with the arterial on the other side, you have street on top of street, not like you are in a residential neighborhood, you have a house across the street. That is all I have to say. Thank you.
Mr. Darrow: Thank you. Anyone else wishing to speak for or against this application? Anyone else wishing to speak for or against this application? Recognizing none, we will close the public portion and discuss amongst ourselves. Mr. Hare.
Mr. Hare: I see no problem.
Mr. Darrow: Mr. Temple.
Mr. Temple: I don’t see any problems with it either, assuming he came to us first, I don’t think we would have found any problems, a commercial C zone. Will not adversely affect the conditions of the neighborhood. Obvious from the testimony here that this hardship was not self-created and aesthetically speaking it make sense to bring the building out with the 2 foot 6 inch variance.
Mr. Darrow: Thank you Mr. Temple. Mr. Westlake.
Mr. Westlake: No problem with it.
Mr. Darrow: The Chair is entertaining motions. Yes Mr. Temple.
Mr. Temple: I would like to make a motion that we grant an area variance to Taro Manufacturing Company Inc., for their property located at 114 Clark Street. This area variance being in the form of a 2 foot 6 inches of set back requirement for the property line.
Mr. Darrow: Thank you, we have a motion by Mr. Temple. Do we have a second?
Mr. Hare: I’ll second it.
Mr. Darrow: A second by Mr. Hare.
VOTING IN FAVOR: Mr. Hare, Mr. Temple, Mr. Westlake, Mr. Darrow
Mr. Darrow: Your variance has been granted. You will receive official notification in the mail. You may get your permit from Mr. Moore.
Mr. Buttaro: Thank you very much.
Mr. Darrow: Is there any housekeeping under this special session?
Mr. Temple: I had one question. Seems as though we had discussed about having the Rules and Procedures on the agenda.
Mr. Darrow: Yes and I concur with that, but I think it would be fruitless for the 4 of us to do any discussion.
Mr. Temple: It didn’t get into the public notice.
Mr. Tehan: We will make sure that it is on for the October meeting. I will make a note of that.
Mr. Temple: Thank you.
Mr. Hare: I make a motion that we adjourn.
Mr. Darrow: I have a motion. Second.
Mr. Temple: I’ll second that.
Mr. Darrow: Seconded by Mr. Temple. All in favor. Aye - Opposed. All in favor. Adjourned at 8:00 p.m.
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