ZONING BOARD OF APPEALS
MONDAY, DECEMBER 4, 2006
Members Present: Mr. Baroody, Mr. Darrow, Ms. Brower, Mr. Westlake, Mr. Bartolotta (came in late), Mr. Rejman
Member Absent: Ms. Marteney
Staff Present: Ms. Hussey, Mr. Hicks, Mr. Selvek
APPLICATIONS APPROVED: 17 Pleasant St., 4-6 Warren Ave, 10 Quarry St., 42 Maple St., 20 Mattie St.
Mr. Rejman: Good evening. This is the Zoning Board of Appeals Tonight on our agenda we have: 17 Pleasant St., 4-6 Warren Ave, 10 Quarry St., 42 Maple St., 20 Mattie St.
Any additions or corrections to the minutes? Hearing none, stand as posted.
17 Pleasant St., R2 Zoning district. Patricia Hunter, applicant. Area variance of 17 feet of the required 25 feet rear yard setback and 4 feet of the required 10 foot of separation from an existing shed for 16 foot x 16 foot 6 inch addition to rear of house.
Mr. Rejman: 17 Pleasant St., are you here please? Step up to the podium please, use the mike, state your name.
Mr. Bertonica: Carmen Bertonica, 17 Pleasant St.
Mr. Rejman: Ok, tell us what you would like to do there.
Mr. Bertonica: I would like to build an addition to our back porch, made a den out of it, the addition will be 16 feet by 16 feet. In the future, I may have to use it as a bedroom because we have upstairs bedrooms at 45-degree angles and my wife right now is in rehab.
Mr. Rejman: What size lot is that?
Mr. Bertonica: It is about 48 x 80.
Mr. Rejman: So that is the problem, just one of those small lots
Mr. Bertonica: Yes, I spoke to neighbors on both sides and they have no objections what so ever. As a matter of fact, I think it will enhance it.
Mr. Rejman: The issue with the shed, is that shed going to stay there for a while do you think?
Mr. Bertonica: It is going to be there for a while? Yes.
Mr. Rejman: Is that permanent, is there a concrete base underneath that or just
Mr. Bertonica: It could be moved. When I figured the house, I did figure so the firemen can go around it, there will be no obstruction for the Fire Department to go around the house.
Mr. Rejman: With a lot size that small if that structure was on fire they wouldn’t try to get there any way, not with equipment, just personnel.
OK, questions from the board?
Anyone wishing to speak for or against the application? Hearing none, we will close the public portion. Have a seat.
Mr. Bertonica: Thank you.
Mr. Rejman: It is one of our typical small lots.
Mr. Darrow: 46 feet wide it shows on the drawing.
Mr. Rejman: Just wanted that for the record.
Mr. Darrow: I would like to make a motion that we grant Patricia Hunter, c/o Carmen Bertonica, 17 Pleasant St. a 17 foot variance for required set back for rear yard and 4 foot variance for required separation of existing shed as per plot plan submitted with application.
Mr. Westlake: I second that motion.
VOTING IN FAVOR: Mr. Darrow, Ms. Brower, Mr. Westlake, Mr. Rejman
Mr. Rejman: Application approved.
Mr. Bertonica: Thank you.
4-6 Warren Ave, R2 Zoning district. Shawn Stewart, applicant. Area variance of 9 feet of required 15 foot for handicapped ramp.
Mr. Rejman: 4-6 Warren Ave, are you here?
Ms. Stewart: Hi, my name is Shawn Stewart; I am owner of property at 4 – 6 Warren Ave.
Mr. Rejman: Tell us about the ramp that you would like to put in.
Ms. Stewart: I have a tenant that has a child that is handicapped and it is difficult to get the wheelchair up and down the stairs without building a ramp. According to the ADA guidelines we need a variance in order to do this. We will put it right in the front yard. It will not interfere with the sidewalk or any neighboring properties.
Mr. Rejman: OK. Any questions from the board? The application states it pretty well. We also did get 3 letters; one from the tenant, standing the issue with the daughter, and then one from 10 Warren Ave stating no problems and one from 8 Warren Ave stating they have no problems.
Is there any one wishing to speak for or against the application? None. Final questions from the board? None.
Mr. Westlake: I would like to make a motion that we grant Shawn Stewart of 7471 Cherry St. Road, the applicant is requesting a 9 foot area variance of the required 15 foot for the construction of a handicap ramp with landing.
Ms. Brower: I’ll second that.
VOTING IN FAVOR: Mr. Darrow, Ms. Brower, Mr. Westlake, Mr. Rejman
Mr. Rejman: I would like to thank the applicant for such a nice package, answered all the questions. Application has been approved.
Ms. Stewart: Thank you.
10 Quarry St., I Zoning district. Corrosion Control Inc., applicant. Area variance of 35 feet for rear yard setback for construction of new building.
Mr. Rejman: 10 Quarry St.
Mr. Marinella: My name is Bob Marinella, President of Corrosion Control Inc.
Mr. Rejman: Tell us the situation you have on Quarry St.
Mr. Marinella: We operate a rebar coding plant which we purchase primarily from Nucor Steel and we are looking to expand our operation for storage and to install some vending machines. At this point the present operation occupies almost all of the existing building and we want to put up a building that is about 16,800 square, 72 by 240 feet long. The need for a variance arises because we are about 15 to 20 feet from the property line and the other parcel 50 feet from the property line in the back near the face of the Quarry St. Plenty of room and there still will be after this building is complete to get around the back of the building.
Mr. Rejman: The lot size is ok it is just the situation of the building. This is the old E.D. Clapp?
Mr. Marinella: Yes it is.
Mr. Rejman: Any questions from the board?
Ms. Brower: Let’s say you buy the land that the County owns behind it, you will have 70 feet?
Mr. Marinella: It is a little iffy where the quarry wall face begins because it is sort of a gravely spot and I had a transmittal from Steve Lynch, we had requested the County transfer that property to use to make it available for purchase it is almost dead land, it is in process but he suggested that we take a lot as time is of the essence for us we would like to begin construction in the early spring, he suggested that we do apply for a variance. We are looking to obtain about 3 to 4 more acres from the County.
Mr. Rejman: Just as a side note, the proposed building will increase your employee base by
Mr. Marinella: Right now we employee about 14 people, this will increase by 6 people.
Mr. Rejman: Just curious.
Any one wishing to speak for or against the application? None. Questions from the board? We will close the public portion.
Mr. Westlake: I would like to make a motion that we grant Corrosion Control Inc., 2 – 10 Quarry St., a 24 foot area variance of a required 50 foot for rear yard set back for the construction of a new building as per the plot plan.
Mr. Darrow: I’ll second that.
VOTING IN FAVOR: Mr. Darrow, Ms. Brower, Mr. Westlake, Mr. Rejman
Mr. Rejman: Application has been approved.
Mr. Marinella: Thank you.
42 Maple St., R1 Zoning district. Jeremy Telvock, applicant. Area variance of 2 feet of the required 3 feet away from north side property line, 1 foot of the required 10 foot separation from house and placement of accessory structure in side yard.
Mr. Rejman: 42 Maple St.
Mr. Telvock: Hi, my name is Jeremy Telvock; I am the owner of 42 Maple St.
Mr. Rejman: Hi Jeremy. Tell us what you would like to do there, what is the issue?
Mr. Telvock: I just have a portable structure one of those garage in the box type thing, aluminum frame work with a tarp that goes over it, I store my boat in and I guess it is not far enough away from my house and far enough off the property line. But that is really the only place I can put it in my yard where I can drive in and get the boat in and out of there. My neighbors don’t have a problem with it, behind a stockade fence.
Mr. Rejman: Jeremy we got a couple letters here from your neighbors.
(Mr. Bartolotta just came in)
What size lot is that, just curious.
Mr. Telvock: It is 50 x 180, but it is a portable structure and I can take it up and down, it is not permanent.
Mr. Rejman: Treat it as a permanent, but in reality it is just going to be up in the wintertime when the boat is in storage.
Mr. Telvock: Yes. It was there well over a year before the City even noticed it, I didn’t think I needed a permit for it. Not much different with my boat sitting under it than if I had a tarp sitting over it because you can’t get around it, the boat is going to be there whether there is a structure there or a tarp over it.
Mr. Rejman: That is a good point. You need a 2-foot side yard variance and a 1-foot separation variance, not much.
Mr. Telvock: My neighbor which I border her land that I am a couple foot off or whatever, she wrote a note saying she has no problem with it.
Mr. Rejman: OK good, let me ask this, are there any questions from the board?
Is there any one wishing to speak for or against this application? OK, we will close the public portion, have a seat Jeremy.
No problem.
Mr. Darrow: We had the same on Cottage St. a gentleman for his car.
Mr. Rejman: Yea, neighbors don’t have a problem. Good point if you put a tarp over your boat it is the same thing as this.
Mr. Darrow: Except this is just a frame to hold the tarp off of the boat.
I would like to make a motion that we grant Jeremy Telvock, 42 Maple St., a 2-foot side yard variance, a 1 foot variance of required separation from house and a variance to put a accessory structure in the side yard for the purpose of erecting a portable shed at said property.
Mr. Baroody: I’ll second that.
VOTING IN FAVOR: Mr. Darrow, Ms. Brower, Mr. Westlake, Mr. Rejman
ABSTAINING: Mr. Bartolotta
Mr. Rejman: Your application has been approved.
Mr. Telvock: Thank you.
20 Mattie St., R1A Zoning district, mark Locastro, applicant. Use variance for expansion of non-conforming use (ice cream parlor) to allow a restaurant.
Mr. Rejman: You always tend to wonder what the audience is here for, this one is easy, and there is only one left. 20 Mattie St., come on down! (Audience applauds)
Mr. Locastro: Good evening, Mark Locastro. My wife and I (she is sitting in the back row with friends and co-workers) own the Mattie St. Dairy Store. Our business at first was we could survive on strictly ice cream. Unfortunately that is not panning out. The summer months are ok but the winter months are brutal on us, it is pretty bad right now. We requested a use variance so we can install a kitchen area, add on a little bit off the back off where the equipment is now and install a stainless steel hood and ansul system and also so we can add food to our menu. By doing this little addition it will also what it will do for us is the heat generated from our refrigeration on top of being very costly it is very hot in our building. To this day our heat is not turned on, we are heating strictly with the heat
from the compressors. When I bought the place I noticed that they really didn’t have a heating plant and I was wondering what that was, but they had old inefficient compressors, they were housed in the basement and they cut holes in the floor to let the heat rise up and that is how they heated the place.
In the summer time my utility bills are out of this world right now because my air conditioning is battling against the heat from the compressors. Our intentions are when we build this 12 x 14, or 14 x 14 addition off the back, we are going to make that a separate climate controlled area and the heat will be dissipated and vented. Now obviously because of the impact on the neighborhood, I did a little research on my own on this. I personally approached every resident, every household that is occupied on Mattie St. at the time of this application. Granted everyone wasn’t home when I talked to them but I did obtain a signature from every household saying that they are in favor of this and I circulated petitions and probably have, I am guessing 5,000 to 6,000 more signatures that public opinion says they are in
favor of us doing this. As far as I know the people behind me are in favor of this. They came to support this.
Mr. Rejman: Well you have 58 signatures here attached to the application and all those there
Mr. Locastro: Do you want me to pass them out so you can see them?
Mr. Rejman: No. I have been here a long time, Ed has been here a long time, this has got to be a record.
Mr. Locastro: I didn’t want to leave much unturned.
Mr. Rejman: I appreciate all the neighbors that came down and if they really want to come up and speak at the mike, you can do that, but just to save a little bit of time, all those in favor of the application passing, please raise your hand (everyone was in favor). All opposed – none. 100% in favor.
Questions from the board? I have a couple little questions.
What sort of capacity do you think you will have in there for seating?
Mr. Locastro: The seating capacity is not going to change.
Mr. Rejman: What is it right now?
Mr. Locastro: I think it is at 57. The Fire Department actually offered they said you have more floor space we could actually make the capacity higher, but I said I don’t want it any higher.
Mr. Darrow: You have seating for 57 people, it is calculated by square footage.
Mr. Locastro: They have some kind of formula I am not sure how they did it, they came up with 57, I asked them to keep it reasonable, because I didn’t want to scare the day lights out of the neighbors.
Mr. Rejman: Brian would a retail establishment ice cream be different than a sit down establishment?
Mr. Hicks: Both have seating in there.
Mr. Rejman: Are they treated different?
Mr. Hicks: No.
Mr. Rejman: We approved the seating capacity for the past project and it is the same in this project. We approved the parking for the past project, I don’t see a conflict. Any one see a problem?
Mr. Darrow: I think the most important thing that we are seeing is community support and neighborhood support that is very important.
Mr. Rejman: Nice to see.
Mr. Darrow: It is a true hardship. When he first appeared his intentions were just ice cream I can understand, you can’t make the payments just on ice cream in the winter when you don’t have the ice cream sales to substantiate it. So it is a true hardship, not self-created.
Mr. Rejman: Good, no further questions? We will close the public portion. Thank you very much.
We need to do a SEQRA.
Mr. Selvek: With regards to New York State SEQRA, the board members have in front of them the completed Part I and Part II of the SEQRA.
With regards to possible adverse effect, immediate effect would be the possibility of additional traffic and noise levels generated by the expanded use of the business and that is for the board to consider what degree the traffic and noise level would affect the neighborhood.
Other than that I do not see any other adverse effects. If there are any questions the board has with regards to Part II, I would be more than happy to answer them.
Mr. Darrow: On discussion of possible adverse effect of traffic or noise, I would tend to believe if you are doing just sort of restaurant style business you are not going to have the traffic or noise that you are going to have on a 80 degree summer day when everybody wants ice cream and you are in and out in 5 minutes, getting your ice cream with a larger turn over in flow, I don’t think that would ever come close to seeing that type of turn over.
Mr. Rejman: Excellent point.
Mr. Darrow: I would like to make a motion that we accept the negative declaration.
Mr. Westlake: I second that motion.
VOTING IN FAVOR: Mr. Darrow, Ms. Brower, Mr. Westlake, Mr. Bartolotta, Mr. Rejman
Mr. Darrow: I would like to make a motion that we grant a use variance to Mark Locastro, d/b/a Poppy’s Mattie St. Dairy for the purpose of allowing restaurant type business at 20 Mattie St.
Mr. Westlake: I second that motion.
VOTING IN FAVOR: Mr. Darrow, Ms. Brower, Mr. Westlake, Mr. Bartolotta, Mr. Rejman
Mr. Rejman: Application has been approved. Really nice to see every one here.
(Audience applauded)
Mr. Locastro: Thank you very much.
HOUSEKEEPING
Mr. Hicks: Jason Barry of 26 Bradley St. had his application tabled for the August meeting because NYSEG had an issue, then we had it tabled again in September and he has requested that it be tabled again for this meeting. Well that is two tables
Mr. Rejman: He is out.
Mr. Hicks: If he wants to come back he has to fill out a new application?
Mr. Rejman: Yes.
How did this come about? Just curious what happened, why this was rescheduled?
Mr. Hicks: My understanding is that we missed the publication date for the public meeting which requires a certain amount of time to be given for the publication so that all people are aware of the meeting. We couldn’t meet the Citizen’s cut off for the dead line so at that point knowing that we had to scramble and reschedule the meeting.
Mr. Rejman: OK, but
Mr. Hicks: We didn’t have our information ready and we didn’t get it to the paper on time.
Mr. Rejman: Well we have been here a long time and this is the first time it has ever happened. If the City misses the dead line it is really not our problem, unless they want to start paying us for being on call.
Ms. Hussey: No, because you have a statutory duty to give a ten day notice so you can’t hold a legal meeting without the proper notice.
Mr. Rejman: The point is if you miss the dead line tonight we are going to set a meeting for the 18th fine. If something happens and that meeting can’t be had, wait a month. Don’t you have to come back to us to reschedule for another date?
Ms. Hussey: At your convenience yes.
Mr. Rejman: We weren’t polled when we should have another meeting.
Mr. Darrow: I was called and asked if the date was ok by me.
Mr. Rejman: I wasn’t called.
Mr. Selvek: I would like to know who was not called because it was my understanding that the entire board was called or a message was left verifying that the board was ok or they were spoken directly to
Mr. Westlake: I think what he is saying is as a board we should be included on this decision, they should come to us and ask us if we want it to be rescheduled. Not a phone call on the answering machine saying is this ok if not get back to us. Maybe we should sit down as a board and make that decision, cancel for a whole 30 days.
Ms. Hussey: The problem with that though because you have applicants that are waiting to improve their businesses to begin construction
Mr. Westlake: I guess the people who made the mistake should be the ones
Mr. Rejman: That is right, somebody did not get it in the paper.
Mr. Darrow: I wasn’t offended or bothered by it. I didn’t think anything of it.
Mr. Rejman: What if it happens again in two months.
Mr. Darrow: In 14 years I have seen it happen once.
Mr. Rejman: Yes, this one. Maybe it is just me. But there is something else that is playing into this. I have been upset for the last few meetings that I want this package sooner than the last business day before the meeting. Years ago it was always two weeks.
Mr. Darrow: I got mine Saturday. With that I am with you 100%, that is ridiculous that we are getting these packages when they get ready to go to press 10 days they know what is going on. There is no reason they can’t get them to us a week before. With short daylight it is hard to get around to see the property after work.
Mr. Selvek: Mr. Chairman if I may. With regard to receive the packets earlier, I would ask that you call Mike Long interim City Manager just explain to him because it had come from me before, but I am not the boss in that department and right now Mike Long is the boss of the Planning Department.
Mr. Rejman: I think I should float a motion that says something like this: If the board doesn’t get the paper work in 7 days there is not meeting. That is how upset I am about this. I don’t care whose fault it is.
Mr. Darrow: We should speak with the City Manager and let him know that we would appreciate these packets sooner.
Mr. Westlake: I have written something up and I was going to show all the board members to see if they agreed with me or not:
“We the members of the Zoning Board of Appeals for the City of Auburn request that the applications for each meeting be mailed at least the same time as the letters to the adjoining neighbors notifying them of the meeting”.
Mr. Darrow: I am fine with that; I can live with 7 days. I don’t know when they mail out to the neighbors.
Mr. Selvek: Can I ask you to reword that and actually give a time frame. The letters go out to the neighbors typically 5 to 6 days in advance.
Ms. Hussey: No less than 7 days prior to the meeting.
Mr. Rejman: Good, all in agreement.
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