ZONING BOARD OF APPEALS
MONDAY, OCTOBER 24, 2005
Members Present: Mr. Baroody, Mr. Westlake, Ms. Aubin, Mr. Rejman
Member Absent: Ms. Marteney (excused), Mr. Darrow (excused), Ms. Brower
Staff Present: Ms. Hussey, Mr. Hicks, Mr. Selvek
APPLICATIONS APPROVED: 1 Hoffman Street, 174-176 Perrine Street, 8 Richardson Avenue
APPLICATION TABLED: 36 Aspen Street, 65 Cottage Street, 15 Frances Street
Mr. Rejman: Good evening, this is the Zoning Board of Appeals. Tonight we have the following items: 1 Hoffman Street, 36 Aspen Street, 65 Cottage Street, 15 Frances Street, 174-176 Perrine Street, 8 Richardson Avenue
Before we start, let me explain a few rules. This is a seven member board and tonight we are missing three members. One we knew about, one her daughter is fell ill and the other member we are not sure what happened there. The issue there is any business that comes before us has to be approved with a four-person vote. Therefore, if you think it is to your advantage to table it until next month, I would strongly urge you to consider that, that might be the thing to do, because especially here is what happens, once you bring something before us and if it fails, the only way you can resubmit it to us is with a substantial change, we fought over the years what substantial means, but it gets complicated at that point especially for the use permits, those of you that are here for the use
permits and on top of that I don’t have a corporate counsel here to guide me. Let me the applicants up one at a time and lets make some decisions if we can.
1 Hoffman Street, R2 zoning district. Mary Ann Giacona, applicant. Use variance for commercial use of business office and education.
Mr. Rejman: 1 Hoffman Street, are you here? State your name for the record.
Ms. Giacona: Mary Ann Giacona.
Mr. Rejman: Ok, Mary Ann, do you understand what the issue here is, if after the presentation we go into close session and vote and one of us is unhappy with it, that it really muddies the waters for you, you won’t be able to bring it back. Do you think you might like to have a full board?
Ms. Giacona: Well, I am pretty comfortable with what I have stated in here in my opinion. It seems very positive and all the attributes not only for the neighborhood in general but for the community so I think.
Mr. Rejman: Let’s do this, let’s go forward with this, but before we come to the part where we close the public portion, if you feel any anxiety at that point, you can still ask to have it tabled, how’s that.
Ms. Giacona: OK.
Mr. Rejman: Good, tell us what you would like to do there.
Ms. Giacona: The building that I am looking at is 1 Hoffman, 68 Genesee Street which is the former St. John’s Episcopal Church that takes up that whole block there. Currently it is occupied by Cayuga Seneca ARC, which provides different services there for the handicapped. What I would like to do is go in there and create space for myself, currently I run a business here in Auburn where I offer different holistic services, non-evasive therapies that sort of thing, as well as different programming to facilitate body, mind and spirit wellness. So what I would like to do is be able to use this facility for such purposes.
Technically, the services are really not that much different than what is already being offered there. The great thing about it is it reduces the traffic flow considerably in comparison to the two businesses. Right now Cayuga Seneca ARC has 40 employees so it has been a major problem in that area with traffic and so forth. That is not the case with myself, I have one massage therapist, and myself and I probably will hire maybe one other massage therapist. Most of our programming is done in the evening or on weekends and even though we do programming, we limit them to around 20 people max, basically because of the kind of services that we offer, we offer a lot of self-empowerment stuff and you really cannot give the individual attention if you have more than that amount. So considerably
the whole traffic flow is that area is going to be reduced considerably.
The whole area will be enhanced because I do plan on cleaning it up and maintaining the integrity of the building and also doing some of the more resourceful thing shall we say, because it really need insulation, the windows need to be replaced. I think that particular area is really the gateway into the City of Auburn and I think it is important for people to see what we can offer here. I think what I am proposing to do there will bring that to the area as well as increase the safety and welfare of the people living in that area, because we are reducing the traffic and no longer have all those handicapped buses that are occupying Hoffman Street. You won’t have, you are talking 40 employees plus handicapped buses all that is going to be eliminated. The first year there will still be 10 to 14
employees left there because the agreement I have with them is that they will be able to lease the Church proper until the rest of their facilities are erected. So with that said, by the end of the year we will be eliminating roughly 25 to 30 employees right off the bat which is going to take care of a lot of that and the handicapped buses are going to be removed immediately.
In that respect in terms of keeping the integrity of the neighborhood and keeping the safety and welfare of the neighborhood, there are a lot of pluses to it. There is also, there are the services that we are offering and the programming, we try to facilitate peace and tranquility and all that, so we are not going to have a lot of disruption or anything like that. It is going to be a very inviting kind of atmosphere.
I think another asset which I put in the application being that ARC is a 501-3C currently not on our tax rolls, certainly putting the businesses there will bring more tax revenues to the City which I think is good. It is my hope that with this project we will bring more life and vitality to the area. Another thing we don’t have with that is there is not a lot places in Auburn that offers these kinds of services. Currently I am studying for my doctorate and I know that many of the people that I served over the years they were just happy that there was some place in Auburn that was offering these programs. Many of them are traveling out side the area, Syracuse, Rochester, etc. So I think there are a lot of benefits to looking at what I am proposing here.
Mr. Rejman: Ok. Questions from the board?
Mr. Westlake: I don’t see any changes as far as the building is concerned.
Ms. Giacona: Changes to the structure? There will be no exterior structural change, the only thing as I mentioned of primary concern right now would be working on that Hoffman Street side and the interior of the new annex. I think that I provided a floor plan, did I not, as one of the exhibits?
Mr. Westlake: I didn’t see it, maybe I missed it.
Ms. Giacona: A map of the property. The Hoffman Street side where the whole annex is
Mr. Rejman: I don’t have an interior plan. Let me back up and ask a few questions. Do you have a lease with ARC?
Ms. Giacona: No, I don’t my offices right now are on William Street. What I have with ARC right now is a purchase contract under the contingency that this is, I didn’t want to get involved in purchasing something if it is going to be a problem for me.
Mr. Rejman: In long term if every thing went perfect, looking 2, 3 years down the road, you have a 12,000 foot building, how many employees might you have at that point?
Ms. Giacona: Still with that kind of possibility, you figure even if I expanded to let’s say three massage therapists, an acupuncturist, you are not going to get much more services than that and may be another person that does some thing like myself, but the nature of this, we don’t over book, it is important we spend time with each of the people that comes in, we are still not talking about heavy traffic flow. I also have another non-profit organization myself that is dedicated to doing scientific research in this area of complimentary and health care, as well as raising consciousness and again that conscious piece is programming, so some of that, I need an office for that to work out of. That is not going to change as far as the research goes; it is just a matter of having space
for the instrumentation and equipment.
Mr. Rejman: You mentioned an education center. You would have classes?
Ms. Giacona: Yes, like what I do now for example, we do different self-empowerment workshops stress related, or educating people on some of the easier philosophies of keeping themselves healthy or just different types of things
Mr. Rejman: And in general, how many people attend?
Ms. Giacona: Right now, I limit them to around 15 people, but as I mentioned before even if I had a much larger space, they have to be limited to 25 people max on the program because this is a very one on one situation when you are dealing with people and how they work through issues you can’t have a huge crowd and facilitate that effectively. Maximum we are talking 25 people in a workshop or lecture and again, as I stated, if those things occur, they are not going to happen during the week. They are going to happen like they do now, either happen on a Friday evening, Saturday so they are not interfering with any other operations that are happening during the day.
Mr. Rejman: Ok. Questions from the board?
Mr. Baroody: You said you are going for your doctorate
Ms. Giacona: Basically I am just certified as a practitioner and that is just what they do until you get the full-fledged doctorate. I have masters in theology, and as a sideline there is a spiritual component to this as well, which is why I like the nature of having it being in a Church. Right now it is probably going to be a couple more years before I have a doctorate. I have a family, a practice, I am taking my time with it, and right now I am just certified.
Mr. Rejman: Again, looking forward, if for some reason things don’t go your way has ARC said what they hoped to do with this property in the future?
Ms. Giacona: It has been a problem for ARC because they have had a number of people interested in it. Of course they had people that wanted to put Churches back in there but you are dealing with mostly smaller spiritual communities who don’t have the financial resources to handle a building like that. The utilities, the upkeep is pretty high and they have had some other offers on the building but it was – nothing went all the way through, it was supported, people get scared by work that needs to be done in it and they get scared by the utility expenses. It is a deterrent for them. The worst part about this is if some body doesn’t get in there, they will be vacating the building sooner or later, the first stage has already been vacated, which means the rear portion
is going to be empty unless they lease that out or whatever. Then what you have is when they actually move all operations out you have another vacant building and we know how that has been for our City unfortunately. I have looked at Auburn Floor Covering and some of the others out there, I know.
Mr. Rejman: Let me ask this question, is there anyone wishing to speak for or against this application? Ok, seeing none we will come back. I would like to make a note that there are 15 attachments, Exhibit C, where the applicant has walked around and talked to the neighbors and received positive input from them.
Ms. Giacona: Some of the neighbors are very excited, I did go door to door and got as many as I could from the people that were home, I wanted them to be aware of what we are doing and right now they all are concerned about the parking and I assured them, it will be eliminated, we won’t have the handicapped buses there, none of that is going to happen with me. There are 3 parking spots that are right in front of the door on Hoffman Street, which is more than sufficient for me, I do have individuals that are handicapped and I need a handicapped space and of course with the other elimination we have the whole back parking lot.
Mr. Rejman: All right, feel comfortable?
Mr. Baroody: Need some clarification; so much of this is geared towards Bed & Breakfasts and residential stuff.
Mr. Hicks: It is in a R-2 zone. With the business offices she falls under this.
Mr. Rejman: All right, we will close the public portion and discuss this amongst ourselves.
Ms. Giacona: Thank you very much.
Mr. Westlake: Once we give this variance, it is not just her business it could be any business.
Mr. Rejman: The way we should tighten it up is to give a variance for holistic services and education center located at, so that it is tied down to that specific use. If some thing happens, if the purchase doesn’t go through or 2 years down the road she moves on, they will have to come back before us. The parking issue, we have got parking. We have got the uniqueness, that is for sure, that is a unique building there and as far as the hardship, ARC is moving out of it and in a couple years it is going to be vacated and the hardship is just in the building.
Mr. Baroody: Great structure.
Mr. Rejman: Great structure, nice to see it back up on tax rolls too.
Mr. Westlake: We can limit it?
Mr. Rejman: Yes, that is my counsel. Just like we did up on Osborne Street for that beauty shop. We gave a variance to add the beauty shop.
Mr. Westlake: Don’t we have to do the short form SEQRA?
Mr. Rejman: Yes, Steve, will you help us with the SEQRA please.
Mr. Selvek: With regard to the SEQRA, I want to draw you attention to Part II of the short EAF, go right down to Part C which is actions that could result in adverse effects associated with any of the following.
C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal, potential for erosion, drainage or flooding problems?
As noted in the application, the proposed use will be very similar to the existing use, except that the proposed use will be a “for profit”. Given that construction activities will be limited to building restoration and rehabilitation and also that the intensity of the use is expected to decline, it is reasonable to assume that there will be no adverse environmental impacts.
C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character?
This is a non-residential structure, which is adjacent to various commercial and residential uses. Improvements to the structure are intended to rehabilitate and restore it. Ideally, these improvements will enhance the building and the community around it. Adverse effects to aesthetic, historic, cultural, or community resources are not anticipated.
C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species?
This is a previously developed site in an urban setting; it is reasonable to assume that there are no significant vegetation or wildlife.
C4. A community’ existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources?
Although the proposed commercial use is not permitted in the R2 zone, it is an appropriate use in both this structure and setting.
C5. Growth, subsequent development, or related activities likely to be induced by the proposed action?
Granting this variance would encourage the transfer of this property and therefore allow it to continue to be a viable structure in the community.
C6. Long term, short term, cumulative, or other effects not identified in C1 – C5?
The existing structure was not designed for a residential use and would not be marketable for such purposes. If an appropriate non-residential use is not allowed, it would likely become vacant and have a negative impact on the neighborhood.
C7. Other impacts (including changes in use of either quantity or type of energy)?
None.
D. Will the project have an impact on the environmental characteristics that caused the establishment of a critical environmental area?
No.
E. Is there, or is there likely to be, controversy related to potential adverse environment impacts?
No.
As there are no adverse effects associated this action, staff recommends a negative declaration. Any questions?
Mr. Rejman: No, thank you.
Mr. Westlake: I wish to make a motion that we declare a negative declaration to the SEQRA for 1 Hoffman Street.
Ms. Aubin: I’ll second that.
VOTING IN FAVOR: Mr. Westlake, Mr. Baroody, Ms. Aubin, Mr. Rejman
Mr. Westlake: I would like to make a motion that we grant Mary Ann Giacona for 1 Hoffman Street and 39 E. Genesee Street a use variance for holistic services and education to the building center.
Mr. Baroody: I will second that.
VOTING IN FAVOR: Mr. Westlake, Mr. Baroody, Ms. Aubin, Mr. Rejman
Mr. Rejman: The application has been approved.
Ms. Giacona: Thank you.
36 Aspen Street. R1A zoning district. James Salva, applicant. Area variance for installation of 2nd portable garage on premises.
Mr. Rejman: 36 Aspen Street. State your name for the record please.
Mr. Salva: My name is Jim Salva; I am applying for an area variance for a portable garage.
Mr. Rejman: OK, Jim, tell us what you would like to do with that. It says you want to install two temporary garage units.
Mr. Salva: One is existing. My father occupies this house and the second unit for storage of antique cars.
Mr. Rejman: And the reason you need two temporary structures?
Mr. Salva: He has a lot of cars.
Mr. Rejman: You know, I have sat on the board a long time, this is the first time we have had someone ask for a temporary variance, so we are walking on some new ground that we never covered before.
Mr. Salva: Every thing is temporary; it is a short-term variance.
Mr. Rejman: That hasn’t been used before either.
Mr. Salva: I am not applying on that basis, I am actually applying for a variance, it is probably for a short-term situation.
Mr. Rejman: It would either have to be a variance or that is it, a variance. The problem with the variance is this, a variance runs with the property, so you and I are gone, 200 years from now that variance is still there, there is no way to undo the variance. You may want to consider doing this again with a full board. I know some of these temporary structures are looked poorly upon sometimes. If you could come up with some sort of and I don’t have counsel with me either, that is another problem, may be we could come up with a temporary thing that sunsets in 3 years or 18 months. Every 18 months you would have to come before us. We have never done it before. It makes sense but we have never done it before and there are only 4 of us here tonight. Your
choice would you like to go forward or do you think it might be better to have counsel help us with this and a full board?
Mr. Salva: You could set a temporary term?
Mr. Rejman: You know, I don’t know. I think we probably could do something.
Mr. Westlake: Do you have a permanent solution to your temporary garages? Do you have a permanent solution to what you want a temporary for right now?
Mr. Salva: A permanent solution is at some point in the future, these cars will be sold or passed down to other family members. The property itself will be sold.
Mr. Rejman: The way you want to do it now, the variance will still be there. So somebody could come along 20 years from now and go oh look, I can add on to this garage because the variance was given.
Mr. Hicks: If a variance is given for a temporary structure, if it is removed from the property and is gone for more than 6 months it is abandoned and discontinued. That variance would go away. If they remove it and sell the property the new property owner realizes that they had a variance granted at one time within the 6 month period, they could come in and put two temporary structures back up.
Mr. Westlake: Pre-existing non-conforming.
Mr. Rejman: Yes, it could last forever. I think we would like to have counsel visit this subject.
Mr. Salva: Can it be granted with a stipulation when it is no longer needed it is immediately removed at least 6 months prior to sale, that way it goes away.
Mr. Rejman: Again, I would like to have counsel and I would like to table this until next month. That would be good for all of us I think. This is a learning curve for us, we have never done this, I have been here 15 years. The word temporary is what threw this whole thing out.
Mr. Salva: Because it is obviously temporary to some extent and there can be provisions made to keep it so that a new owner could not take advantage of the same variance, that is easily taken down, not an addition it is a free standing structure.
Mr. Rejman: Within that 6 month period you can take it down, you sell the property, take it down, within 6 months he realizes that there was a variance given, he puts it back up again.
Mr. Salva: Realistically your never going to list the property, sell the property, close on the property all within that 6 months.
Mr. Rejman: From the date of closing.
Mr. Hicks: When we become aware of it, once it is documented as gone, that is when the clock starts ticking. Most of the time we are not notified.
Mr. Rejman: I would like to table this until next month.
Mr. Salva: OK.
65 Cottage Street, C1 zoning district. Michael Grillo, applicant. Area variance for front yard parking.
Mr. Rejman: 65 Cottage Street, are you here please? State your name and tell us what you would like to do there.
Mr. Grillo: Hi, I am Mike Grillo. I have some photographs to pass out to the board.
Mr. Rejman: Sure.
Mr. Grillo: I am looking to expand a driveway at 65 Cottage Street on my property approximately 4 feet to allow for 1 car to be parked down there without obstructing the neighbor’s use of the driveway.
Mr. Rejman: Ok, there are some issues on the driveway that it is shared.
Mr. Grillo: It is a shared driveway. We had a survey done and it was staked out the property and you can see in the pictures the middle of the current driveway there is a stake and my property runs with the stake to the front sidewalk at an angle to the back fence, you can make out the little flag in the very back fence, one of the guys was holding an extension cord. It has been a shared driveway problem and what I am petitioning to do for variance purposes just expand the driveway to the right as you see in front of the house, it would be going east approximately 4 feet. It would give me from my property line to the edge of the new driveway a 10 foot width, enough room for 1 car parked off the street with out disturbing the next door neighbor’s use of her driveway.
Mr. Rejman: Strange situation. Questions from the board?
Mr. Westlake: Does the tree stay?
Mr. Grillo: Yes, and I have a fire hydrant directly in front of the house.
Mr. Westlake: I see that.
Mr. Grillo: I can’t park there. On the east side of the home I have approximately 2 maybe 2 ½ feet of property there.
Mr. Baroody: How many feet from the front of the house to the sidewalk?
Mr. Grillo: Approximately 20 feet.
Mr. Westlake: To the sidewalk, 20 feet?
Mr. Grillo: Yes.
Mr. Rejman: Any one wishing to speak for or against the application? Hearing none, we will come back. Upper left hand corner, 2 green stakes is that your proposed boundary line for the new black top?
Mr. Grillo: Yes. I put them there personally and as you can see it comes down the from the sidewalk to the street it is minimal to the existing apron.
Mr. Westlake: Is that a For Sale sign?
Mr. Grillo: Yes, that was there when we took it.
Mr. Westlake: Is it for sale now?
Mr. Grillo: Well that is a gray area sir and for purposes of trying to pursue this, I am trying to sell the house.
Mr. Westlake: It is a rental?
Mr. Grillo: Yes.
Mr. Westlake: How long have you owned the property?
Mr. Grillo: One year next week. I rehabbed the property inside and out.
Mr. Rejman: Questions from the board, concerns?
Mr. Baroody: I was by yesterday, I am concerned about the distance between the front of the house and the sidewalk.
Mr. Grillo: From the base of the foundation to the sidewalk
Mr. Baroody: More than 18 ½ feet?
Mr. Grillo: Yes.
Mr. Rejman: This is a difficult property, there is no parking. You can’t park in front, you have the fire hydrant. If you move over 4 feet, if you are parking in front and you are 4 feet over you are still 4 feet into the driveway part of it, right?
Mr. Baroody: What is deceiving here, I was by there yesterday, they have a large apron and large asphalt area in front that looks like you can actually get 2.
Mr. Grillo: If you look at the top left, second one down, that expansion to the left of the black top is on her property ok, I did this for her to be able to park there. I gave her extra room. She has to go over my property to get to her driveway, I did this for her to go in the driveway and to the left, at my expense.
Mr. Westlake: Is there a curb cut issue?
Mr. Hicks: The curb cut is already existing with the approach. Now the only thing is that he wants to add in a little a bit where he could back up then he would have to talk with Engineering. The picture that he is showing with the extension cord, I believe, that is your car Mike or your neighbor’s?
Mr. Grillo: My neighbor’s car.
Mr. Hicks: That the neighbor’s car, that is her driveway. If you follow that path up through that is the driveway to her property, so he is trying to make access for her also, that is why he is asking for the front yard parking for his property.
Mr. Rejman: Going to be tight.
Mr. Grillo: From the property line the marker there on the lower left third picture down on the left hand side, the marker line over to the stakes which I put is exactly 10 foot.
Mr. Westlake: This is something you discovered after you purchased the property?
Mr. Grillo: Yes.
Mr. Rejman: Ok. Questions? Let me ask you this, does the board wish to table this?
Mr. Westlake: Might stand a better chance with more than 4 of us here.
Mr. Rejman: Front yard parking is an issue and although this seems to be very clear I think we should table this until next month, we will have every one here because it would be very difficult for you to come back if you were denied tonight.
Mr. Grillo: Ok, thank you.
Mr. Rejman: We appreciate the situation that you are in. Tabled until next month.
15 Frances Street, R1 zoning district. Carl DePalma for Stanley Panzarella, applicant. Use and area variance for conversion to three (3) units.
Mr. Rejman: 15 Frances Street.
Mr. DePalma: I would like to table until next month.
Mr. Rejman: OK. Tabled until next month.
174-176 Perrine Street, R1 zoning district. Steve Kotzer, applicant. One (1) foot side yard area variance to construct detached garage.
Mr. Rejman: 174-176 Perrine Street are you here? State your name for the record please.
Mr. Kotzer: Steve Kotzer.
Mr. Rejman: What would you like to do there?
Mr. Kotzer: I guess I have to apply for a 1-foot variance.
Mr. Rejman: I see that, how did that come about?
Mr. Kotzer: I got a permit to repair my garage and once I got into it – it was obviously more than I expected on it. Once I got into the roof I got the roof up then the walls on it were leaning out, put that wall up and moved onto the second, the third and the only thing left was my front wall and by the time I was done.
Mr. Rejman: They had a movie like that, it was called The Money Pit. (Every one laughs)
Mr. Kotzer: It was one thing after the other going and it kept going deeper and deeper and deeper and I had the front wall balanced with 2 x 4’s like you are welding a new one and I just hit it one day and a bunch of ants started coming out of the pillars so I said what the heck I am going through all the work I might just as well take that wall down, seeing I had that wall down, the garage floor was all a mess so I put a new one over that and before I knew it, I think I have some pictures there, that is how far I was and I came back one day from my lunch and they stopped me and said I couldn’t do any work, I was building a new garage, so I guess I better some here get a 1 foot variance. It is exactly the same place where it was identical.
Mr. Rejman: That was my question, so the footprint is exactly the same.
Mr. Kotzer: I tried to tell them that, I don’t understand it. I talked to Brian and he explained it to me.
Mr. Rejman: That is the way the Code is.
Mr. Kotzer: Then I went around the neighbors and they were trying to tell the one that came down there it is the same garage. They don’t see anything wrong with it. They are all for it.
Mr. Rejman: Let me ask a question, any one her wishing to speak for or against the application? None. Questions from the board?
Mr. Westlake: Is this rental property?
Mr. Kotzer: One side and I live on one side.
Mr. Westlake: The address here is 27 Prospect Street.
Mr. Kotzer: That is my parents’ house.
Mr. Rejman: OK, we will close the public portion and discuss this amongst ourselves and come to conclusion. Have a seat.
Mr. Westlake: I would like to make a motion that we grant Steve Kotzer, 27 Prospect Street, a 1 foot side yard variance to the west of the required 3 foot set back to construct a garage in the same footprint that was originally there at 174 – 176 Perrine Street.
Mr. Baroody: I’ll second that.
VOTING IN FAVOR: Mr. Westlake, Mr. Baroody, Ms. Aubin, Mr. Rejman
Mr. Rejman: The application has been approved.
Mr. Kotzer: Thank you.
8 Richardson Avenue, R1 zoning district. Kathleen Judson DeJoy, applicant. Area variance for construction of garage 82 square feet over allowable 750 square feet.
Mr. Rejman: 8 Richardson Avenue, are you here? State your name.
Ms. DeJoy: Kathleen DeJoy.
Mr. Rejman: OK, Kathleen, what would you like to do there?
Mr. DeJoy: I would like to build an attached garage to the house 26 foot by 32 foot.
Mr. Rejman: 26 by 32 foot attached?
Ms. DeJoy: Yes.
Mr. Rejman: And that size garage exceeds the 750 square foot and that is why you are here.
Ms. DeJoy: Yes.
Mr. Rejman: Any one wishing to speak for or against the application? None. Ok. No problems with the neighbors. Questions from the board?
Ms. Aubin: More than enough room there.
Mr. Rejman: The lot size is not a problem there.
I am going to close the public portion and we are going to discuss this right now. I don’t see a problem.
Mr. Westlake: I would like to make a motion that we grant Kathleen Judson DeJoy of 8 Richardson Avenue an 82 square foot over all allowable over the 750 square foot that is allowed to build a 2 car attached garage to her home.
Mr. Baroody: I’ll second that.
VOTING IN FAVOR: Mr. Westlake, Mr. Baroody, Ms. Aubin, Mr. Rejman
Mr. Rejman: The application has been approved.
Ms. DeJoy: Thank you.
Mr. Rejman: Brian brought this to my attention. Charles Marangola is asking for an extension to build a garage at 96 Lake Avenue, he wants an additional six months. He is having difficulties.
Mr. Hicks: We granted him a approval for his garage, he knows that he can’t do it this winter and the time line will expire so he has asked for an additional six months extension.
Mr. Selvek: I recently had SEQRA training with the County and we looked for some of regulations on doing SEQRA. It was brought to my attention that the only time a SEQRA is not required is when it is specifically a lot set back area variance, so a lot line something of that nature, however area variances for allowable area for building or garage, things of that nature actually require a SEQRA to be done.
Mr. Rejman: Really.
Mr. Baroody: Why is that?
Mr. Selvek: They amended the SEQRA law,
Mr. Baroody: Who is they?
Mr. Selvek: The State of New York amended the SEQRA law I think two years ago and this was in there.
Mr. Rejman: We will get together and if we have to we will use the guidelines for use.
Mr. Selvek: OK.
Mr. Rejman: Thank you. Meeting adjourned at 8:00 p.m.
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