ZONING BOARD OF APPEALS
MONDAY, NOVEMBER 24, 2003
Members Present: Ms. Marteney, Mr. Darrow, Ms. Brower, Mr. Westlake, Ms. Aubin, Mr. Rejman
One Vacancy
Staff Present: Ms. Hussey, Mr. Hicks, Mr. Galvin
APPLICATIONS APPROVED: 124 Perrine Street, 65 Clymer Street
APPLICATION TO BE REFILED: 82 Owasco Street
Mr. Rejman: Good evening, this is the Zoning Board of Appeals. Tonight we have on Agenda: 124 Perrine Street, 65 Clymer Street, 82 Owasco Street
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128 Perrine Street, R-1, 3’9” height variance for garage. Michael and Kelly Kazanivsky.
Mr. Rejman: 128 Perrine Street, are you here? Come forward please. Talk into the mike. State your name for the record, please.
Mr. Kazanivsky: Michael Kazanivsky, 128 Perrine Street.
Mr. Rejman: OK, Mike. What seems to be the issue. What do you want to do there?
Mr. Kazanivsky: I already have a permit for a garage, but I am changing the trusses, I want to put in a storage, like an attic truss up on top and it is going to exceed the maximum of fifteen feet. I am going to need a variance of 3’ 9” for the new styled trusses.
Mr. Rejman: And the reason you want the attic space is additional storage, is that it?
Mr. Kazanivsky: The trusses, there is nothing there, just the walls up and like I said the trusses I was going to go through 84 Lumber, I just have the curling in the middle there is nothing, it is 4 foot high and want I want to do is put storage up there which is 10 feet wide and only 6 ½ feet high, this would be storage for like yard patio furniture and stuff like that.
Mr. Darrow: What is the pitch of the truss that you are going to use?
Mr. Kazanivsky: It is a 9-12, I have a copy of it, would you like to see?
Mr. Darrow: Yes, please.
Mr. Rejman: While Mr. Darrow is looking at that, any questions from the board? Any one here wishing to speak for or against the application? No. OK, last call for questions. Ed any questions?
Mr. Darrow: No.
Mr. Rejman: OK, we will close the public portion, discuss this and vote on it. Just pass that around real quick.
Mr. Darrow: 3’9” isn’t substantial. It is going to bring him up to 18’ 9” grade, just a standard attic truss on there. I can understand the need for more storage space.
Ms. Marteney: While you are doing it, why not do it right, make usable space while you are at it.
Ms. Hussey: 18’ 3” total height or 18’ 9” total height?
Mr. Darrow: 18’ 9”.
Ms. Hussey: It was listed as 18’ 3”. Clarification on the variance.
Mr. Darrow: Because anything over 15 requires a variance. This height he has 18 grade, I would say it was a typo.
Ms. Hussey: OK.
Mr. Darrow: Total height is 18’ 9”.
Mr. Rejman: Need a motion.
Mr. Darrow: I would like to make a motion that we grant an area variance to Michael and Kelly Kazanivsky of 128 Perrine Street, for the purpose of erecting a 24 x 24 garage with a 3’9” height variance to exceed the maximum limit of fifteen feet, giving a total over all height from grade of 18’ 9”.
Mr. Westlake: I second that motion.
VOTING IN FAVOR: Ms. Marteney, Mr. Darrow, Ms. Brower, Mr. Westlake, Ms. Aubin, Mr. Rejman
Mr. Rejman: Application has been approved. Good luck with the construction.
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65 Clymer Street, R-1, area variance of 90 square feet of allowed accessory structure volume and of the excess of 10% volume maximum. Anna Hlywa.
Mr. Rejman: 65 Clymer Street, are you here? Please state your name for the record.
Ms. Hlywa: Anna Hlywa.
Mr. Rejman: OK, Anna, what would you like to do?
Ms. Hlywa: I would like to put a shed on the back of my property for storage.
Mr. Rejman: You already have one shed?
Ms. Hlywa: Yes, I have one.
Mr. Rejman: You want another shed?
Ms. Hlywa: Yes.
Mr. Rejman: OK. Any questions from the board? Is that good or bad?
Mr. Darrow: This is a question for Code Enforcement is 6 foot the proper side yard distance for this shed or 7?
Mr. Hicks: 3 foot.
Mr. Darrow: 3 OK.
Mr. Hicks: 3 is more than enough.
Mr. Darrow: OK, OK.
Mr. Rejman: So we are just looking for an additional 90 square feet of accessory structure, is that it?
Mr. Darrow: Because she is also exceeding the 10% volume maximum, so it is going to be two variances, is that correct?
Mr. Hicks: Right. That is in there under Section 3 there. Two variances. The first part is a 305.45D3 which says D as far as the sheds and then we come into the 150 which is the 3 which also includes the 10%.
Mr. Darrow: OK.
Mr. Rejman: OK. Anna, the shed, are you pouring a concrete slab?
Ms. Hlywa: I have a picture.
Mr. Rejman: OK, pass it around. Are you going to pour a concrete slab or just put it on the ground?
Ms. Hlywa: Put it on stones.
Mr. Rejman: OK.
Mr. Darrow: She also has letters from the neighbors.
Mr. Rejman: Ed, would you read those into the record?
Mr. Darrow: Sure. “To Whom It May Concern: I, Charles Murphy, have no problem with any structure put at 65 Clymer Street by Anna Hlywa”. Signed Charles Murphy, 66 Clymer Street, Auburn, New York.
Then there is another one from 63 Clymer Street, we have no problem with Anna Hlywa’s structure. Signed Patty Davies.
Mr. Rejman: OK, I am going to keep those and make it part the record. Last call for questions from the board. Any one wishing to speak for or against the application? Hearing none, we will close the public portion, have a seat Anna and we will take care of this. I don’t see an issue it is a temporary, there is no slab involved.
Mr. Darrow: And the placement of it.
Ms. Marteney: It is not huge.
Mr. Rejman: It is not overbearing.
Mr. Darrow: I am confused on part two of the variance. Is it to allow going over the 10% or is it to exceed 150 square feet.
Mr. Rejman: If we give the 90 square foot doesn’t it automatically take care of it?
Mr. Darrow: It is automatically in or do we need a second?
Mr. Hicks: I am looking at it as only one paragraph of the Code, so I am thinking as long as she meets that stipulation in that paragraph, you are looking at either one part of it or every part of that is consumed in that paragraph.
Mr. Darrow: So as long as it is presented as 90 square foot of extra accessory structural covers both.
Mr. Hicks: Yes because 10% is attached to the same stages.
Mr. Rejman: Clear enough for a motion?
Mr. Darrow: I would like to make a motion that we grant Anna Hlywa of 65 Clymer Street a 90 square foot area variance for the purpose of erecting an accessory structure as plotted on her plot plan submitted with application.
Mr. Westlake: I will second that motion.
VOTING IN FAVOR: Ms. Marteney, Mr. Darrow, Ms. Brower, Mr. Westlake, Ms. Aubin, Mr. Rejman
Mr. Rejman: Application has been approved.
Ms. Hlywa: Thank you.
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82 Owasco Street, R-1A, use variance to change status from single family to 3 dwelling units and one office space. John Allen.
Mr. Rejman: I see that 82 Owasco Street is not here again tonight and I think it is the third time, I believe, isn’t it. He was here once and tabled twice.
Mr. Darrow: Tabled twice.
Mr. Rejman: I think it would be in the best interest of every one if he re-submitted his application.
Mr. Darrow: If you like, Mr. Chairman, I would like to make a motion that based previous discussions that we have had any body tabling more than twice, I would like to make the motion that we request Mr. Allen complete a new application and appear before us in a timely manner without exceeding our two tabling rule.
Mr. Westlake: I second that motion.
VOTING IN FAVOR: Ms. Marteney, Mr. Darrow, Ms. Brower, Mr. Westlake, Ms. Aubin, Mr. Rejman
Mr. Rejman: Thank you for that Mr. Darrow.
Meeting adjourned at 7:30 p.m.
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