ZONING BOARD OF APPEALS
WEDNESDAY, DECEMBER 26, 2007
Members Present: Ms. Marteney
Mr. Baroody
Mr. Tamburrino
Mr. Westlake
Member Absent: Mr. Darrow
Ms. Calarco
Mr. Bartolotta
Staff Present: Mr. Fusco
APPLICATIONS
APPROVED: 355-357 Clark Street and 63-65 Belmont Avenue
Mr. Westlake: Good evening, this is the Zoning Board of Appeals. Tonight on the agenda we have two items:
189 Van Anden Street
355-357 Clark Street and 63-65 Belmont Avenue
Last month’s minutes, any additions or deletions? If not stand as written.
Mr. Westlake: We are going to go to item #3 first to get some questions answered and then back to item #2.
ZONING BOARD OF APPEALS
WEDENSDAY, DECEMBER 26, 2007
355-357 Clark Street and 63-65 Belmont Avenue, R1 zoning area. Auburn Special Needs SRO, applicant. Use variance for a 70-bed adult care facility.
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Mr. Westlake: 355-357 Clark Street come to the podium please, we have a few questions for you as far as initials are concerned.
Ms. Didio: I am Laurie Didio the Executive Director of Evergreen Heights and none of the attorneys are here as yet, but I will do my best to answer your questions.
Mr. Fusco: What is an SRO?
Ms. Didio: Single room occupancy.
Mr. Fusco: And why is that necessary?
Ms. Didio: Why is a single room necessary?
Mr. Fusco: Single room occupancy necessary?
Ms. Didio: That is the term that the Department of Health uses.
Mr. Fusco: Is that not allowed by our current laws?
Ms. Didio: I can’t answer that.
Mr. Fusco: What is LP?
Ms. Didio: Limited partnership. Can the attorneys speak; I can answer some of the program questions.
Mr. Westlake: Why don’t we go back to the first one?
Mr. Fusco: I will ask Mr. Galbato.
Ms. Didio: OK, thank you.
Mr. Lane: Good evening Mr. Chairman, I apologize, my name is Greg Lane, I am here for the applicant also and I got delayed and I am sorry that I am late. Rick Galbato is here also on behalf of the applicant and I believe you have a question for him Mr. Fusco?
Mr. Fusco: Yes Rick, what is SRO?
Mr. Lane: That stands for single room occupancy.
Mr. Fusco: Currently you can only have double room occupancy or multiple room occupancy under our local law? What are we granting here?
Mr. Lane: We are asking for use variance for a, I think the closest use in the City’s Zoning Code to what we are proposing to do on the project site here is a congregate care facility, I believe that is the defined term under the Zoning Ordinance. What we are looking to do is to develop and operate a 70-bed adult care facility where each patient has their own living quarters with sort of, Laurie, correct me if I am wrong, with a hot plate stove area, each has their own restroom sort of like a studio apartment situation
Ms. Didio: No that is not correct.
Mr. Lane: No?
Mr. Baroody: Is this the same situation you did last year?
Mr. Didio: This is the same that we did last year; we are increasing it from 60 beds to 70 beds. We went through all of this in the past. I can answer program questions. A single room occupancy is an adult care facility, they have their single room with private bath, meals are prepared for them, 24-hour staff supervision, supervised medication.
Mr. Fusco: I guess my question was what is different about tonight’s application than what we had approved previously?
Mr. Didio: 60 to 70 beds, we are asking for 10 additional beds.
Mr. Westlake: Also over the time limitation too correct?
Mr. Lane: I believe, Mr. Fusco I don’t know if you were involved in the determination that until we pull our building permit or at least got our site plan approval in the Planning process, the time period in which our approval would be good for for the variance or relief that was granted, wouldn’t start running, but our use variance that we have received last February this past February was for a 60 bed facility so therefore with the increase to a 70 bed necessitated this reapplication. We have accommodated the extra 10 beds within the interior of the facility. There has been no change to the exterior other than what was done perhaps in the planning process after we were here before this board, but I do have elevations
and color rendering of the site if any body is interested is seeing it again.
Mr. Fusco: So you need an SRO LP on the short form, LP means limited partnership?
Mr. Lane: Correct. That is the entity, as the board may recall the sourcing for this project will be in significant part via a transaction that is facilitated by the New York State Department of Housing and Community Renewal issuing tax credits that are purchased by investors who create sort of the with the purchase of the tax credits create the equity infusion for the project and then bonds will be issued by a State agency most likely the New York State Housing Finance Agency and that LP that limited partnership entity that has been formed will be the vehicle by which all that investment and project development would appear.
Mr. Galbato: Project owner will still be DePaul.
Mr. Lane: Title of the project is the DePaul Adult Care Facility correct; it is going to be operated by DePaul.
Mr. Baroody: This will also allow you additional time to get the funding.
Mr. Lane: As you may recall from last year we were under that time constraint, the board was very cooperative and we obtained the relief needed in front of this board and made our application, we were considered but we have every reason to believe that we in this year’s round of applications and funding and that we will be approved and that approval would come as early as July or be as late as September, or August or September.
Mr. Westlake: Any more questions from the board? Ok, if you would like to sit down for a minute.
Is there any body here wishing to speak for or against the application? Seeing none we will talk amongst ourselves.
I don’t think we need to do a SEQRA because we already did the SEQRA with the original application.
Mr. Fusco: My question would be is this a single agency review, do you have to get any other permits from any other governmental agencies, you supplied us with a short form EAF, I can’t recall what our SEQRA
Mr. Baroody: They did a negative SEQRA the last time.
Mr. Fusco: Right, I can’t remember whether we used a long form and coordinated and whether in fact we would have to do it all over again any how. You are asking for a modification of a use variance from 60 beds to 70 beds, 60 rooms to 70 rooms, essentially correct?
Mr. Lane: Correct.
Mr. Baroody: You are saying the SEQRA doesn’t need require additional coordinated effort?
Mr. Lane: Correct.
Mr. Fusco: They submitted a short form which would suggest that and the last time they used the long form because there are other involved agencies on the State level. These are regulated by the State and funded in part by the State.
Mr. Baroody: Does that have anything to do with us?
Mr. Fusco: Yes because as opposed to using a long form as the Chairman has correctly suggested we perhaps don’t need to even cross that bridge.
Mr. Galbato: Going from 60 to 70 beds with the same footprint of the building it is not a significant change under laws of SEQRA and does not need to be an additional review.
Mr. Fusco: What you are seeking here is a modification of a previously issued use variance.
Mr. Westlake: Correct.
Mr. Lane: The Town doesn’t have a modification of use variance form so the way to get on this board’s agenda was to use the application form that is available.
Mr. Baroody: By doing so would also allow the additional time necessary to secure the funding.
Mr. Lane: Right and we did that.
Mr. Fusco: I don’t think this is an action, you are asking for a modification of a previously granted variance and I don’t have a whole lot of experience with this, but I just had one of these in Aurora, where an area variance was granted to build a house 67 feet tall, once they got the house there it ended up being 67 feet 3 inches or whatever so now they had to come back to the ZBA to get approval for the modification of what is in the ground and is that an action under SEQRA and I think the answer is no.
Mr. Westlake: I agree.
Mr. Fusco: So while I appreciate your wonderful effort here I don’t know if it is necessary and I don’t know if this is the right form.
Mr. Baroody: Zoning Board is still the lead agency correct?
Mr. Fusco: Correct. We already approved it at 60 beds.
Mr. Baroody: Make to motion to process as is and let the Planning Board do what they do?
Mr. Fusco: I think what we would be doing tonight is we would be amending our previous variance that allowed 60 beds to 70 beds.
Ms. Marteney: Are they also going to need an extension if they are not going to find out about their funding source?
Mr. Fusco: He is saying that is not the purpose here, the whole purpose because now we need 70 beds to make it financially viable, we are starting anew.
Mr. Lane: I apologize for not knowing this but I believe 6 months is the duration of the relief in this board’s instance.
Mr. Fusco: We are working to change that.
Mr. Baroody: We agreed to reinstate which would allow them the time, so the purpose of this is two fold:
A. To go from 60 to 70 beds.
B. To allow them the additional time needed for the funding, planning, etc.
Mr. Lane: I agree we would ask that, hopefully we would have ground breaking in September, but depending on whether Planning Board gives its approval the 6 months may elapse.
Mr. Fusco: I was here and the 6 months isn’t suppose to begun until the Planning Board’s process ends.
Mr. Lane: Correct.
Mr. Fusco: Most all complicated and involved projects of this nature take far more than 6 months.
Mr. Westlake: So the motion we need tonight if we did do a motion is to change from 60 to 70
Mr. Fusco: What we are talking about a motion to rehear and we are going to grant it and I don’t think we need to do a SEQRA.
Mr. Westlake: OK.
Mr. Baroody: I would like to make a motion that we grant 355-357 Clark Street and 63-65Belmont Street Avenue, Auburn Special Needs SRO, LP c/o mark Fuller of Rochester, New York going from a 60 bed to a 70 bed adult care facility, zoned use variance as per submittal.
Ms. Marteney: I’ll second that motion.
VOTING IN FAVOR: Ms. Marteney
Mr. Baroody
Mr. Tamburrino
Mr. Westlake
Mr. Westlake: Approved, you are good to go.
ZONING BOARD OF APPEALS
WEDNESDAY, DECEMBER 26, 2007
189 Van Anden Street, R2 zoning district, Robert Ogonowski, applicant. Area variance to create a parking area in front yard.
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Mr. Westlake: Next on the agenda we have, should have been first, 189 Van Anden Street. Robert Ogonowski. Speak into the microphone; tell us your name and gives a little bit of what you want to do.
Mr. Ogonowski: Robert Ogonowski, 189 Van Anden Street, creating an off street parking for up stair tenants, 10 x 16.
Mr. Westlake: My question to you would be I don’t really see anything on here a plot plan of exactly what you want to do.
Mr. Ogonowski: The Zoning board has all of that, all charted out and everything.
Ms. Marteney: Says with the Planning Department, but we didn’t get a copy.
Mr. Westlake: We really don’t know, from your house where this off street parking is going to go.
Mr. Fusco: Brian Hicks who probably has this isn’t here tonight. We really didn’t expect to be meeting tonight, when we scheduled this meeting, we thought we would have no business and now we have business and I don’t see anything in my paper work.
Mr. Westlake: We only have a 4 member board tonight, one person on the board votes no, and then it is all done. So you could table it until next month and make sure that we have all the proper paper work.
Mr. Ogonowski: I gave it to him, and I don’t know what he could have done with it, but it was given to him.
Mr. Fusco: Is there a degree of urgency here?
Mr. Ogonowski: No.
Mr. Fusco: Something that could wait until our January meeting?
Mr. Ogonowski: I don’t see a problem with that.
Mr. Fusco: Brian usually sits here, this has happened before, Brian will receive it or Steve Selvek who is also usually here, will receive it, they will circulate copies to every one on the rare instances when there are applicants here who have submitted it and they have it and we don’t have it, they will immediately run to the copy machine and get it done, tonight, the day after Christmas, Steve isn’t here.
Mr. Ogonowski: It is understandable.
Mr. Fusco: Brian isn’t here and our paper work is incomplete through no fault of your own.
Mr. Westlake: Would you like to table it to the January meeting?
Mr. Ogonowski: Fine with me.
Mr. Westlake: Ok, tabled to the January meeting.
Mr. Ogonowski: Thank you.
Mr. Bryant: May I speak on this?
Mr. Westlake: OK.
Mr. Bryant: My name is Stan Bryant and I live at 194 Van Anden Street. This guy lives across the street from me. What he has done is he has built a small pad for his tenants upstairs, concrete, beautiful, nice shape, he has got one vehicle off the road and of course as you know we have a problem on Van Anden Street like every other small street. This is a classic example, he is up here, he has worked all day, he is working two jobs, his wife is working, he has to come up here find out that now he is not here. $50.00 for a variance, $50.00 and we are suppose to be in era right now where it is friendly for the citizens of the City of Auburn, the people that are suppose to be controlling the City of Auburn, the Mayor, people like you
are suppose to be here for one purpose, our welfare. This guy had to pay $50.00 to get the right to get a variance to build a slab on his own property. It is a concrete slab, he had to pay.
Mr. Westlake: We don’t know that
Mr. Bryant: But he does. Brian isn’t here that is not his problem, he is here in good faith. The reason I am like this is because I read all these articles that we want to do more to bring every body in the City of Auburn to be all for Auburn yet he has got to get a variance, he has got to get a building permit, why do you have to pay? I don’t care if it is $10.00. I know this is not the venue for this I understand that
Mr. Westlake: Excuse me Mr. Bryant but this board has no control over the costs
Mr. Bryant: I know, but I want it on record
Mr. Westlake: What you should do it go to the City Council meetings and let them know, we have nothing to do with the prices what so ever. We are the Zoning Board of Appeals
Mr. Bryant: I understand that
Mr. Westlake: Once it is turned down you come in front of this board here and we decide at that time whether we grant a variance or not. As far as cost we have noting with that what so ever. This board has nothing to do with it.
Mr. Bryant: Ok, but this guy deserves better than what he got here tonight. Thank you.
Mr. Westlake: I apologize for that.
Mr. Fusco: May I be heard?
Mr. Westlake: Yes.
Mr. Fusco: Stan before you leave, we have known each other for a long time. You raised two good points. Let me address both of them. I represent a lot of municipalities in the county $50.00 for a variance application in the City of Auburn is very reasonable in this area compared to what some other municipalities charge, you will see fees as high as $200.00, believe me $50.00 is a reasonable fee compared to what some of the communities right in this neck of the woods charge. You ought to realize that as the price of things go; it is very, very affordable in Auburn. That is #1.
#2 why should you have to do it, why should a person be put through this. You put a pad in front of your house, you are effectively creating two driveways, one right next to the other, there are traffic concerns, there are a lot of things to be considered is why these types of boards are convened and why people consider these kinds of things. It shouldn’t be automatic, I don’t think we necessarily want every body being able to park all of their cars in the their front yards all of the time. The Zoning Board of Appeals is something that is created to crave out exceptions, those types of circumstances where that which we wouldn’t want to happen all the time may be appropriate and in Bob’s case it
may well be appropriate, the fact that his neighbor across the street has come here to speak in favor of it carries an awful lot of weight with the members of this board. This is democracy, this is not something that should be automatic, this is some body coming for a privilege not a right, that it is $50.00 is unfortunate but again that is a pretty favorable rate. You are talking people that work hours and hours and hours and don’t get paid a penny. Jane and I are the only ones that get paid for being here.
Mr. Bryant: I had to come.
Mr. Fusco: I have always encouraged you to put your complaints on record but of all the powers and duties the ZBA members have controlling the price of us being convened is not one of them. I asked if there is a degree of urgency, sounds to me like the thing is already there, he may well have gotten sited because it hadn’t been permitted yet, for what ever reason unfortunately Brian Hicks is not here, didn’t share the paper work with us, it all takes time.
Mr. Bryant: I know what the law is, he knew the law, just the spirit of the law. I know it is not your fault.
Mr. Fusco: You won’t need to appear in January because your speaking in favor of this is already on the record. When a neighbor speaks it carries a lot of weight before this board.
Mr. Westlake: Tabled until the January meeting.
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