ZONING BOARD OF APPEALS
MONDAY, AUGUST 11, 2003
Members Present: Mr. Darrow
Ms. Marteney
Mr. Westlake
Ms. Aubin
Mr. Rejman
Members Absent: Mr. Gentile
Staff Present: Mr. Leone
Mr. Hicks
Mr. Galvin
APPLICATIONS
APPROVED: 144 South Street
125 Owasco Street
123 Owasco Street
18 Tuxill Square
Mr. Rejman: Good evening, this is the Zoning Board of Appeals. Tonight we have four (4) items:
144 South Street
125 Owasco Street
123 Owasco Street
18 Tuxill Square
This is a seven (7)-member board. Be advised you will need votes of four (4) members present for your application to be approved. We do expect one of our members, one more member to show.
ZONING BOARD OF APPEALS
MONDAY, AUGUST 11, 2003
144 South Street, R-1, area variance of 548 sq. ft. of total accessory structures on the premises for garage addition. Alan Shellenberger.
________________________________________________________________________
Mr. Rejman: 144 South Street, are you here, please?
Mr. Shellenberger: Yes.
Mr. Rejman: Come forward please. State your name for the record.
Mr. Shellenberger: My name is Alan Shellenberger and I plan to build a three-car garage on the end of my house.
Mr. Rejman: Tell us about the addition that you wish to put on, the three-car garage.
Mr. Shellenberger: First thing I did was I went to the Historic Review Board and submitted a set of plans to them which you basically all have in front of you and they said that is fine, as long as I kept the characteristic of the Tutor style incorporated into the garage, which I don’t have a problem with. That was my plan the whole time. I think the primary reason I am here tonight is because the size of the building I want to build is bigger than what is normally given a permit for and this property is 2.66 acres. I am like 80 feet from any boundary once I build the building. I don’t actually encroach any further on any lot lines than 80 feet in either direction any way. I am going to keep it basically in
the same line as the house.
Mr. Rejman: When you went to the Historic Review Board, did you go there with a three car garage in mind or did you go with a two car?
Mr. Shellenberger: I went with a four-car garage.
Mr. Rejman: Four car, ok. They didn’t like that idea; they thought a three was more appropriate?
Mr. Shellenberger: Because I am taking land that is in the longest dimension of my plan, I have almost 500 feet from the back of my house to the end of my property and where it sits nobody is ever going to see it any way except for Dan Fleischman, who is immediately south of me, they didn’t see any reason why I couldn’t have a four car garage. The reason we stepped back from four is when the architect told me how much it would cost me. Right now we have five cars and we won’t always have five cars, something less than that would be appropriate. I have seen what New York winters can do to cars and I never lived anywhere until I moved here where I can have a garage.
Mr. Rejman: How many square footage in the primary property do you know off hand?
Mr. Shellenberger: You mean the whole land?
Mr. Rejman: No, just the dwelling.
Mr. Shellenberger: The house is 35 x 62, four floors.
Mr. Rejman: Questions from the board? Is there anyone wishing to speak for or against the application Hearing none, we will come back. Nice application with a lot of detail in it.
Ms. Marteney: And it is nice that they are trying to integrate the Tutor look into it, at least from the drawing.
Mr. Shellenberger: One of things the Historic Review Board and I went over again, and again, and again is the primary foundation of the house is these huge 22 inch wide limestone blocks and only on the end of the house where I basically guttered out now to fix my sewer does that stone even show. Doesn’t really show on the side of the house at all. So we picked up the brick detail off the various chimneys on the house and that is going to be the brick that goes into the exposed parts of the addition where you would actually see it as you walked up towards it. That was a whole lot easier to match the house using that brick than it was to try to match these very intricately carved stones that do appear in a few places away from
that end of the house, there are more up towards South Street. I got labor quotes of like $85,000 to lay out the stone just to put the stonewalls up and I say no, so we went to the brick. They were very receptive to that.
Mr. Rejman: Ok. Final call for questions. Hearing none we will close the public portion. Have a seat, thank you very much. Discussion, comments.
Mr. Darrow: The packet speaks for itself, drive by, he answered any questions that you would have.
Mr. Rejman: It looks like there is about 6,000 square feet for the house.
Mr. Darrow: It is a big house. I don’t think the garage is going to be anywhere near overbearing on the house. The artist’s conception of the drawings appear to complement the house and it is quite a large lot for the City.
Mr. Rejman: Yes.
Mr. Darrow: I would like to make a motion that we grant Alan Shellenberger of 144 South Street, a 548 square foot area variance for the purpose of erecting a three car Tutor style garage as per plotted on attached site plan.
Mr. Westlake: I would like to second that motion.
VOTING IN FAVOR: Ms. Marteney
Mr. Darrow
Mr. Westlake
Ms. Aubin
Mr. Rejman
Mr. Rejman: Application has been approved. Good luck with your project.
Mr. Shellenberger: Thank you so much.
ZONING BOARD OF APPEALS
MONDAY, AUGUST 11, 2003
125 Owasco Street, R-1, use variance for parking in front yard. Benjamin Pizzoleo.
_______________________________________________________________________
Mr. Rejman: 125 Owasco Street, please.
Mr. Leone: Good evening, my name is Tom Leone. I must apologize to the board, one, I brought the wrong file, secondly I want to apologize to the board about my handwriting in submitting the application and thirdly I forgot my hearing aid. Consequently, I can’t answer any of your questions.
Mr. Darrow: Does this mean you want to table?
Mr. Leone: No. My client, Ben Pizzoleo has lived in this particular neighborhood, in the same house for approximately 32 years. If you know the congestion which approximates that area especially with a right turn off the bridge, he is the third house from the corner and is directly or diagonally across the white line which stops traffic, it is a stop light, traffic proceeding in a northerly direction. Ben and his wife have been parking their vehicle in front of their house all these years. He has to back up into the Owasco Street traffic and then he has to proceed down to Anna Street in order to proceed north. We are not asking to park on the lawn, we have an area in front of the window, which is part of his house.
Mr. Pizzoleo: Last week after the meeting I stopped and took pictures of the area, there was a car parked in front of my house and it shows what you have to do to go around the cars parked on the street.
Mr. Leone: Mr. Chairman, I would like Mr. Pizzoleo tell his story.
Mr. Rejman: Ok, for the record, state your name please.
Mr. Pizzoleo: Ben Pizzoleo.
Mr. Rejman: Ok, Ben. Tell us about the parking situation you have there.
Mr. Pizzoleo: The pictures I took last week after we left here, it happened that a cop car was stopped right in front of my house. It shows how traffic has got to over into the other lane if there is a car parked there. The cop asked why am I taking pictures and I told him I am going for a variance because it is illegal where I park and I have got to go for a variance for it. I said it is legal to park on the street, we have never done it in the 32 years we have lived here because it has been such a hazard. Last summer the people across the street had visitors they parked their car there and two kids in one week got hit by cars there because people coming off Lake Avenue Bridge they can’t see, the kids darted right out in front of them,
in one week, two kids got hit there. It is an accident waiting to happen. In the winter time there are cars up on your lawn, it is icy, just no place to park on the street, even thought it is legal, you are asking for trouble. You are asking to get your car smashed and somebody hurt.
Mr. Rejman: Ok. Questions from the board?
Mr. Westlake: Is this a single family home?
Mr. Pizzoleo: Yes it is.
Mr. Rejman: Anyone wishing to speak for or against the application? Yes, come forward, please state your name.
Mr. Rigby: My name is Gregory Rigby of 124 Owasco Street, just across the street from Mr. Pizzoleo. I am actually one of the people who called the police to report one of these children when they were hit and what Benny says is absolutely true, while it is legal to park on the street there, it causes congestion and a lot of times there are accidents. I have had my own car hit; it was parked in the street in front of my house, which is about 3 houses up from Ben. My only objection to this variance to be granted is I would like to see Ben define his parking space a little better, but it definitely would be hazard if he parked on the street. That is all I have to say.
Mr. Rejman: Good, thank you very much. Anyone else wishing to speak for or against the application? I notice in the application that there is no real plot plan showing where you might wish to park.
Mr. Pizzoleo: We had a picture.
Mr. Rejman: It is not in my packet.
Mr. Hicks: There is suppose to be a picture in the packet.
Mr. Rejman: We don’t have it.
Mr. Leone: There is a section under the window in the front which is concrete, but has broke up over the years, that is where the car was parked.
Mr. Pizzoleo: I can draw a sketch on a piece of paper. The car doesn’t infringe on the sidewalk, about 5 feet back from the sidewalk.
Mr. Darrow: Is a curb cut needed or is there already a curb cut?
Mr. Pizzoleo: There is no curb there.
Ms. Marteney: I am kind of uncomfortable voting on this without a plot plan, you can say the dimensions, but I can’t
Mr. Leone: Can you adjourn for a few minutes and I will go up to the house and get the file.
Mr. Rejman: I would like to table the vote on this until the end of the meeting, that will give you some time.
Ms. Marteney: Your house is the blue house right?
Mr. Pizzoleo: Yes.
Mr. Rejman: Would be nice to have a plot plan. Table until the end of the meeting.
Mr. Rejman: OK, back to 125 Owasco Street.
Mr. Leone: Thank you for the opportunity to get the file. I have pictures here that were taken by Mr. Pizzoleo. In his household there are three cars, his daughter’s, his wife’s car and his car. You can put two on the driveway; there is no room for the third one except under the window in the front yard where there is a concrete slab.
Mr. Darrow: What are you going to use for a driveway top?
Mr. Pizzoleo: Probably black top or concrete.
Mr. Leone: If put one car and then the other car in the driveway, the third one would be over the sidewalk almost on the street.
Mr. Rejman: Do we have any sort of plot plan that we can attach to this application?
Mr. Pizzoleo: I can give you the dimensions, from the property line to the edge of the driveway there is a post there that shows peoples properties, you got room for a car there, about 9 to 10 feet and then there is the house.
Mr. Darrow: Would it be safe to say, that it would be centered in front of the front bay window?
Mr. Pizzoleo: Probably.
Mr. Darrow: So therefore you need 5 feet either way to create a 10 driveway?
Mr. Pizzoleo: Probably.
Ms. Marteney: I am sorry, I am uncomfortable not having a drawing to look at, looks like the whole front yard is all concrete.
Mr. Pizzoleo: This is what it was like when I first bought the house.
Ms. Marteney: I have no idea what the dimensions are so I can’t visual something.
Mr. Hicks: The item in front of you is a use variance. The Code issue is based on the fact that it is something that will come up across when the driveway is installed that is something for me to enforce. He is not asking for an area variance.
Mr. Rejman: Use variance. Ok.
Mr. Darrow: Codes can make sure that it is enforce.
Mr. Rejman: Can we make this part of the record?
Mr. Pizzoleo: Yes.
Mr. Rejman: That would be good. So you are comfortable with that, it is a use variance and dimensions don’t really count. He can’t exceed the 20 feet.
Mr. Darrow: Has to go from his property line over so – that is something Brian will handle.
Ms. Marteney: Ok, but we never do this without a plot plan to look at. It is not that I don’t think it is not an ok thing, but I don’t have no concept of what it is going to look like.
Mr. Westlake: We are giving a use variance; Brian said he is going to make sure it is according to Code. Twenty feet is the most he can have.
Ms. Marteney: I can’t tell where that ends up on the house, there is no drawing for me to know what that means.
Mr. Rejman: But it doesn’t matter, he can have 20 feet
Ms. Marteney: If you grant him a use variance
Mr. Darrow: If we grant him the use variance for the ability to park in front of the house. I can understand what Sue is saying because it would make me more comfortable to have a plot plan to see where it is going to lay, but what makes me feel comfortable about this and what makes me feel, I personally can move forward with a vote on this, with the fact knowing that Mr. Hicks is going to see that it is 20 foot wide. I have great confidence in the gentleman and it will be 20 foot wide, not 21 foot wide.
Mr. Rejman: For the record, let me ask the applicant, what is your lot size now?
Mr. Pizzoleo: 50 feet and the property line deed reads to high water mark, which with the outlet, natural high water mark is, behind my house I have probably approximately 30 feet and I have a chain link fence there.
Mr. Rejman: What is the width of your house?
Mr. Pizzoleo: My house is approximately 24 feet wide.
Mr. Rejman: So we have a 50 foot lot, we have a 24 foot house on it, now is your house off center to the right or to the left of the lot?
Mr. Pizzoleo: Off set to the left.
Mr. Rejman: OK. How close to the property line?
Mr. Pizzoleo: About 9 feet.
Mr. Rejman: Does that help?
Ms. Marteney: I can see the dimensions; I just wanted to see a drawing.
Mr. Rejman: Maybe in the future these applications
Mr. Pizzoleo: I can show you on the house where
Ms. Marteney: I drove by
Mr. Pizzoleo: Where the 20-foot will end up, I can show you on the picture where it will end up.
Ms. Marteney: I can look at that, but I would like it in black and white, how is that. (Everyone laughs).
Mr. Rejman: Any further questions for the applicant? Is there anyone wishing to speak for or against? None. Close the public portion.
Mr. Darrow: I would like to make part of our discussion on this our review of the Short Form SEQRA. Adopt a Positive Declaration before we move on.
Mr. Galvin: Part l of the SEQRA – 125 Owasco Street, under question #8 – will proposed action comply with existing zoning or other existing land use restrictions? Obviously, it is no.
Does the action involve a permit approval or funding, now or ultimately, from any other governmental agency? No.
Part 2, if few questions are administrative.
C-1 – Could action result in any adverse effects associated with existing air quality, surface or ground/water quality or quantity, noise levels, existing traffic patterns, solid waste production or disposal, potential for erosion, drainage or flooding problems. Any comments? I just want to raise the issue of the cautionary memo from the Police Chief on the earlier application; I would like to raise the same issue on this one as well. Hearing no comments – No.
C-2 Could the action result from any adverse effects associated with aesthetic, agricultural, archaeological, historic or other natural or cultural resources; or community or neighborhood character? Any comments? Hearing none – No.
C-3 Could the action result from any adverse effects of vegetation or fauna, fish, shellfish or wildlife species, significant habitants or threatened or endangered species? Any comments? Hearing none – No.
C-4 A Community’ existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Any comments? Hearing none – No.
C-5 Growth, subsequent development or related activities likely to be induced by the proposed action? Any comments? Hearing none – No.
C-6 Long term, short term, cumulative or other effect no identified in the above questions? Any comments? Hearing none – No.
C-7 Other impacts (including changes in use of either quantity or type of energy)? Any comments? Hearing none – No.
D. Is there, or is there likely to be, controversy related to potential adverse environmental impacts? No.
A SEQRA resolution should come before the actual resolution on the action. So given the answers to the questions the SEQRA short form looks like a Negative Declaration should be proposed.
Mr. Darrow: I would like to make a motion that we approve a Negative Declaration to SEQRA review for Benjamin Pizzoleo of 125 Owasco Street for a use variance.
Mr. Westlake: I second that motion.
VOTING IN FAVOR: Ms. Marteney
Mr. Darrow
Mr. Westlake
Ms. Aubin
Mr. Rejman
Mr. Rejman: As to the original application.
Mr. Darrow: What has been brought to light between the Police Chief, the applicant and Mr. Hicks and counsel, I feel comfortable we are doing the minimal that we can in this instance, considering the proximity to the side of the house being only 9 feet.
Mr. Rejman: Any other comments?
Ms. Marteney: I think in light of the dangerous situation in terms of parking there, while it isn’t the best solution to the problem, I am happy with that.
Mr. Rejman: I agree with this location.
Ms. Marteney: This situation, this is the best solution, in other spots in the City; it is not the best solution.
Mr. Rejman: A motion is in order.
Mr. Darrow: I would like to make a motion that we grant a use variance to Benjamin Pizzoleo of 125 Owasco Street for the purpose of creating front yard parking not to exceed to 20 feet in width and to be re-created with acceptable material.
Mr. Westlake: I’ll second that motion.
VOTING IN FAVOR: Ms. Marteney
Mr. Darrow
Mr. Westlake
Ms. Aubin
Mr. Rejman
Mr. Rejman: Application has been approved.
Mr. Pizzoleo: Thank you very much.
ZONING BOARD OF APPEALS
MONDAY, AUGUST 11, 2003
123 Owasco Street, R-1, use variance for parking in front yard. William Dennis and Joe Lomascolo.
_____________________________________________________________________________________
Mr. Rejman: 123 Owasco Street? State your name for the record.
Mrs. Lomascolo: Hi, I am Kathy Lomascolo, I am here for my husband Joseph, who couldn’t get the night off. He was here at the last meeting. My father and Joe bought a house together and I am here for them tonight.
Mr. Rejman: OK, Kathy.
Mrs. Lomascolo: I brought some photos also like Mr. Pizzoleo was saying there is quite a bit of a problem with parking on Owasco Street. I believe you all have a plot plan in front of you
Mr. Rejman: We do, we have one.
Mrs. Lomascolo: As it shows the driveway that is there right now. When we bought the house last year, there was existing a gravel driveway and it is a single family home with two vehicles that were both parked on the gravel. This spring we decided to pave what was already existing, not know we were paving too much. I am here to apply for a variance for the parking where it is, it is not legal to park I guess in front or put a driveway in front of a property. That is pretty much the only place that we can have it. If we were to go around in back it is too steep it is right where the outlet is.
Mr. Rejman: Pass those pictures around if you would.
Mrs. Lomascolo: My husband and I discussed having the Fire Department right there on the corner, the man across the street passed away and there were plenty of times when there were ambulances and fire trucks over there and bottled up traffic because of cars parked on the road. The picture shows my red van parked there and the dump truck going over the line. Big trucks travel that road.
Mr. Westlake: You say it is a single-family dwelling?
Mrs. Lomascolo: Yes, it is.
Mr. Rejman: Questions? Anyone wishing to speak for or against this application? Yes. Again, state your name for the record.
Mr. Rigby: Gregory Rigby, 124 Owasco Street. I don’t wish to say anything more about the traffic problems. One thing that I will say is that they have done a very nice job on the house, they have a very well defined parking space and the work they have done on this house actually has done a lot for the neighborhood. They keep it very nice and I don’t see it is an issue with them parking, it is already black topped and it looks good.
Mr. Rejman: Greg, how long have you lived there?
Mr. Rigby: How long? Seventeen years.
Mr. Rejman: So if I may I am going to consider you an expert witness on that street.
Mr. Rigby: Sure.
Mr. Rejman: Over the years, you spoke that there were two children that were injured
Mr. Rigby: Right
Mr. Rejman: Other than that, did that seem to be a congested area naturally?
Mr. Rigby: Yes.
Mr. Rejman: Why do you think that I?
Mr. Rigby: Well first of all the amount of traffic, it is a main thoroughfare in and out of the City, Route 38. We get tons of truck traffic all day and all nightlong. They travel at break neck speeds even as they are coming in the City and a number of times as this young lady can bear out, you hear the brakes screeching, last night, did you hear that?
Mrs. Lomascolo: The Great Race all the vehicles are coming that way, the 4th of July coming up that way, all summer people with their boats just heading towards the lake and coming from the lake.
Mr. Rigby: The truck traffic that comes through is it incredible the amount of traffic that comes through here. People don’t realize that there actually is a light there until they are almost on it. The trucks, look at the police records and see for yourself. It is a bad high traffic area.
Mr. Rejman: Good, thank you for your comments. Anyone else wishing to speak for or against? Questions?
Mr. Darrow: Is this dwelling owner occupied?
Mrs. Lamascolo: No it is not, single family home with a woman and two children that live there.
Mr. Darrow: How many vehicles does that family have?
Mrs. Lamascolo: Two vehicles that I know of. I have only seen two vehicles there.
Mr. Rejman: Questions? No questions? No questions. Ok, we will close the public portion and discuss this amongst ourselves.
Mr. Darrow: My biggest concern is it the minimal variance needed when you consider they legally can be on the side of the house, you take that 11 foot away it still leaves 10 foot 4 inches of driveway. Because we have been having an awful lot, it is almost like a Pandora’s Box, it has been opened and we had been warned that this could happen about front yard parking.
Mr. Rejman: I agree with this front yard parking issue. But just standing here looking at this situation on Owasco Street, it is an older street with not a lot of elbowroom. You start putting cars on the side, I can see the issue there, but I can also see the issue of front yard parking.
Mr. Darrow: I believe there is parking there from looking, but it would be one car behind the other and that is an inconvenience. It is a double edged sword, park in front of the house which is allowed or one behind another and if the front party wants to go, you have to move a car to get it out.
Mr. Rejman: And you are always backing into the street.
Mr. Darrow: There is no place to turn around here. Either back into the parking spots behind each other or back into the street, there is no turn around here.
Mr. Rejman: Other comments? I would like to hear other comments.
Ms. Marteney: What is the standard length of a car?
Mr. Darrow: 19 feet.
Mr. Rejman: Comments?
Mr. Westlake: This is already in, isn’t it?
Mr. Rejman: Gravel driveway that was there, pre-existing non-conforming
Mr. Darrow: Then it was repaved and added beyond where it should have been.
Mr. Westlake: What I am saying, it is already there right, so in order to use your idea they have to tear it out.
Mr. Darrow: Brian, do paving require a building permit, if you are going to have your driveway blacktopped?
Mr. Hicks: No, all we do is check on your curb cut, the curb approach.
Mr. Darrow: Ok.
Mr. Rejman: How did both of these get here?
Mr. Hicks: Both were complaints.
Mr. Rejman: Do you have the name of the complainant?
Mr. Hicks: That I don’t, I think it has to do with the previous front yard parking.
Mr. Rejman: I really have issues with people that complain but don’t wish to give their names.
Mr. Darrow: There is no one here to speak for or against so, if they took the time to call Codes Enforcement and complain, if it bothered them that much, they should be here to complain.
Mr. Rejman: Is this a neighbor having fun with the whole system? Is that what is going on?
Mr. Hicks: I don’t think it is a neighbor. Probably is someone that got caught with something.
Ms. Marteney: My question is, why is there on street parking there and you can’t park the rest of the way out of the City?
Mr. Rejman: You can’t park after Havens Avenue.
Ms. Marteney: But people do park on the street there.
Mr. Darrow: There is not a sign for no parking zone.
Mr. Rejman: It is the elbowroom thing.
Ms. Marteney: I wouldn’t want to park my car there, somebody coming off the Lake Avenue Bridge would just
Mr. Darrow: I agree, I don’t think you should park on the street, I agree with that
Ms. Marteney: That is not my issue, why is there on street parking here, no matter who lives there?
Mr. Rejman: Oh, why don’t we have a sign up that says No Parking?
Ms. Marteney: Yes.
Mr. Rejman: I don’t know.
Ms. Marteney: And we have a letter from the Chief that seems like that is a real concern but that area looking at it should not have on street parking. There was an attachment that we got from Chief Giannotta, just that it is a serious traffic problem, etc., on that section of the street. Why is on street parking allowed there?
Mr. Darrow: Because the Traffic Officer hasn’t had time to put the sign up yet.
Mr. Rejman: I think we all have gravitated to the same answer here which is you shouldn’t park on the street, but then what is the minimum
Mr. Darrow: Minimum variance needed.
Ms. Marteney: I can’t remember exactly what happens here next to the house. What is your side like over there?
Mrs. Lomascolo: Over on the other side?
Mr. Darrow: The right hand side of the house.
Ms. Marteney: The right side.
Mrs. Lomascolo: It is sort of like, there is a line of trees and a fence on that side, but you have enough room to get around there if you could in the winter without hitting like the trees or the fence.
Ms. Marteney: What happened to your yard, right here (points to plan).
Mrs. Lomascolo: There are trees and it slopes off.
Mr. Darrow: There is room for a car there.
Ms. Marteney: I can’t remember.
Mrs. Lomascolo: There is probably room for a car, but I don’t know if you would be able to open your doors to get in and out.
Mr. Darrow: Double-edged sword.
Mr. Rejman: I think we are on the record stating that we really don’t like front yard parking. I think this has unique circumstances here on Owasco Street.
Ms. Marteney: We have allowed front yard parking where we wanted to get the cars off the street, so that people can drive the street and somebody doesn’t get hit and I think this certainly evidence of that.
Mr. Darrow: The only reason we are looking at allowing it because of the inconvenience of having one car parked behind the other, that is the only reason. Some of the other instances that wasn’t even an option, one car parked behind the other.
Mr. Westlake: Division Street.
Ms. Marteney: Division Street, I think they only had one car there.
Mr. Darrow: Right. There is a fix to this.
Mr. Rejman: Is there a middle ground to fix? What is the fix?
Mrs. Lomascolo: If the cars are park behind each other without blocking the sidewalk, I don’t think we can do that.
Mr. Darrow: There is 21 foot 8 inches to this point then there is another 6 feet 8 inches to where the house starts
Mrs. Lomascolo: So you are talking about parking along side of the house
Mr. Darrow: Yes.
Mrs. Lomascolo: I don’t know the dimensions of that.
Mr. Hicks: You have 10 feet 4 inches, you need 37 feet for two cars, according to the dimensions.
Mrs. Lomascolo: I didn’t draw the map, my father did.
Mr. Hicks: You need 37 feet exactly for two cars.
Mr. Darrow: So it would be 9 feet along side of the house ok. Thank you. You would need 9 more feet along side of the house. I will be honest Mr. Chairman, I think in this one instance I would like to see the board or hope that we could be unanimous in our decision either way. I think we need to come up which way we fell more comfortable.
Mr. Rejman: That is true.
Mr. Westlake: I think it is good the way it is, doesn’t look bad at all, that is my own personal opinion.
Mr. Darrow: You think the way it is – leave it?
Ms. Aubin: Yes
Mr. Darrow: Susan?
Ms. Marteney: I would love to see a turn around.
Mr. Darrow: Can’t do that. But you are comfortable the way it is?
Ms. Marteney: I am comfortable with it the way it is.
Mr. Rejman: Would someone like to put a motion forward?
Mr. Westlake: Is this an area variance?
Mr. Darrow: Yes, it is.
Mr. Rejman: Use variance.
Mr. Westlake: I would to make a motion that we grant a use variance for William Dennis and Joseph Lomascolo for a front yard parking as shown on the detailed sketch at 123 Owasco Street.
Ms. Aubin: I will second that.
VOTING IN FAVOR: Ms. Marteney
Mr. Darrow
Mr. Westlake
Ms. Aubin
Mr. Rejman
Mr. Rejman: With exception, we do need to do a SEQRA on this. Jim, would you take us through the SEQRA please.
Mr. Galvin: Thank you Mr. Chairman. Members of the board, a SEQRA review is required for any use variance according to the New York State SEQRA law. I will take you through Part 1 of it and then the rest of the questions are Part 2.
Part 1 the proposed action is in regard to front yard parking.
Question #8, will proposed action comply with existing zoning and other existing land use restrictions? That is why the applicant is here.
Does the action involve a permit approval or funding, now or ultimately, from any other government agency? No. If this had been a pre-existing curb cut, the DOT would be involved in this, because they would have to give approval for a curb cut because it is Route 38, but I believe it was a pre-existing curb cut and does not need approval.
Part 2 – first couple questions kind of administrative. Does action exceed any Type I threshold – No.
Will action receive coordinated review as provide for unlisted action in 6 NYCRR, Part 617.67? No.
Section C – questions that are related to the project.
C-1 – Could the action result in any adverse effects associated with the existing air quality, surface or ground/water quality or quantity, noise levels, existing traffic patterns, solid waste production or disposal, potential for erosion, drainage or flooding problems? We at Planning Board ask if there are any comments from the board, if we don’t hear any comments, we are going to assume the board does not see any adverse effects. Any comments? Hearing none, No adverse effects associated .
C-2 - Aesthetic, agricultural, archaeological, historic or other natural or cultural resources; or community or neighborhood character? Any comments? Hearing none – No.
C-3 - Vegetation or fauna, fish, shellfish or wildlife species, significant habitats or threatened or endangered species? Any comments? Hearing none – No.
C-4 A community’ existing plans or goals as officially adopted, or a change in use or intensity of use of and or other natural resources? Any comments? Hearing none – No.
C-5 – Growth, subsequent development or related activities likely to be induced by the proposed action? Any comments? Hearing none – No.
C-6 – Long term, short term, cumulative or other effects not identified in C1 – C5? Any comments? Hearing none – No.
C-7 – Other impacts (including changes in use of either quantity or type of energy)? Any comments? Hearing none – No.
D. Is there, or is there likely to be, controversy related to potential adverse environmental impacts? Any comments? No.
Based on the results of the quorum and the lack of comments, it would be appropriate to have the board issue a resolution for a Negative Declaration of the SEQRA, which is to affirm the project. A Negative Declaration means that you found nothing to wonder about.
Ms. Marteney: Do we need to do a motion?
Mr. Galvin: Yes, say that you approve a Negative Declaration on the referenced project.
Ms. Marteney: I wish to make a motion that we approve a Negative Declaration on the referenced project at 123 Owasco Street.
Mr. Westlake: I second it.
Mr. Rejman: All those in favor – All in favor – no opposition.
We do also need an area variance of 1 foot 6 inches, the maximum width of the driveway is 20 feet and we need 21 feet 6 inches.
Mr. Leone: Just so we are clear, if you look at the map, the width of the driveway is 21 feet 4 inches and I have been advised by the Code Enforcement Officer that is actually 21 feet 6 inches. Under the Code the widest a driveway can be is 20 feet or 30% of the total lot width. Therefore, we need to grant them an area variance of 1 foot 6 inches.
Mr. Rejman: We did the motion for the use, we need a motion for the area.
Mr. Westlake: Do we want to, what is wrong with making them take out part of the driveway.
Mr. Rejman: Make them take out the 1 foot 6 inches? That is up to the board.
Ms. Marteney: I make a motion that we grant a variance of 1 foot 6 inches for the driveway at 123 Owasco Street.
Ms. Aubin: I’ll second that.
VOTING IN FAVOR: Ms. Marteney
Ms. Aubin
VOTING AGAINST: Mr. Darrow – Due to the fact that it is not the minimal amount.
Mr. Westlake – Have to hold the line here some place.
Mr. Rejman
Mr. Rejman: The application for the width of the driveway is denied. Use is approved and area is denied.
ZONING BOARD OF APPEALS
MONDAY, AUGUST 11, 2003
18 Tuxill Square, R-2, area variances for carport to be located on property line and one foot from house. Variances needed are for side yard and distance from house. Pamela Anderegg.
______________________________________________________________________
Mr. Rejman: 18 Tuxill Square? Are you here? State your name for the record please.
Mr. Anderegg: Jim Anderegg.
Mrs. Anderegg: Pam Anderegg.
Mr. Rejman: Tell us what you would like to do there.
Mr. Anderegg: Looking for a variance to build a carport on the southeast corner of the lot and it is close to the property line and close to the south side of the line.
Mr. Rejman: Tell us why you want it at the southeast corner of the lot.
Mr. Anderegg: Just that it is at the end of the driveway.
Mr. Rejman: Alright. I see you have one of our infamous 45 x 68 foot City lots, which makes them difficult. I can understand why you are here. There is a deck involved also?
Mr. Anderegg: Yes.
Mr. Rejman: That will be sitting right at the end of the deck.
Mr. Anderegg: Right.
Mr. Rejman: You have a nice application with a nice plot plan. Questions from the board? No. Anyone wishing to speak for against this application? No one wishing to speak for or against, last call for questions. No questions, close the public portion and we will discuss this. One of our 45 x 68 lots.
Mr. Darrow: I would like to make a motion that we grant a 2 foot side yard property set back area variance, a 9 foot separation of carport from principal structure variance and a 10 foot rear yard area variance for required yard of 15 foot from deck for the purpose of erecting a car port at 18 Tuxill Square for James and Pamela Anderegg, as plotted on the attached survey map.
Ms. Marteney: I’ll second that.
VOTING IN FAVOR: Ms. Marteney
Mr. Darrow
Mr. Westlake
Ms. Aubin
Mr. Rejman
Mr. Rejman: Application has been approved. Good luck.
Mrs. Anderegg: Thank you very much.
Ms. Aubin: I’ll second that.
Mr. Rejman: Meeting adjourned at 8:30 p.m.
| 
