ZONING BOARD OF APPEALS
MONDAY JUNE 30, 2008
Members Present: Ms. Marteney
Mr. Baroody
Ms. Calarco
Mr. Bartolotta
Mr. Westlake
Member Absent: Mr. Darrow (called)
Mr. Tamburrino (called on vacation)
Staff Present: Mr. Fucso
Mr. Hicks
Mr. Selvek
APPLICATIONS
APPROVED: 28 Hockeborne Avenue
30 Westlake Avenue
321 Clark Street
9 Bradley Street
65 Kearney Avenue
58 Burt Avenue
APPLICATION
ON NEXT MONTH: 130 South Street
APPLICATION
WITHDRAWN: 150-152 S. Fulton Street
Mr. Westlake: Good evening, this is the Zoning Board of Appeals. We are a seven member board, so that means you have to have 4 affirmative votes for your item to pass. So if tonight you want to proceed with your item, you need 4 affirmative votes, is any of us votes no, then it is done. Think about and we will go from there, but we will get started so you can decide when you come to the podium. Tonight we have on the agenda:
28 Hockeborne Avenue
130 South Street
30 Westlake Avenue
321 Clark Street
9 Bradley Street
65 Kearney Avenue
58 Burt Avenue
150-152 S. Fulton Street was pulled from the agenda tonight.
Before we do that if there are no corrections, additions or deletions, the minutes stand as typed.
(Ms. Calarco came in)
ZONING BOARD OF APPEALS
MONDAY, JUNE 30, 2008
28 Hockeborne Avenue. R1 zoning district. Applicant: Nino Pellegrino. Area variance of 224 square feet to erect an addition to the rear of the garage in addition to a previous variance received to bring the structure to a total of 1,232 square feet.
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Mr. Westlake: 28 Hockeborne Avenue. Are you here?
Mr. Pellegrino: Yes.
Mr. Westlake: Pull the microphone up and speak right into it and tell us your name and what you would like to do.
Mr. Pellegrino: My name is Nino Pellegrino, I reside at 28 Hockeborne Avenue and I would like to add a shed or lean to on the back of my garage which I just received a variance for in November. It will be 8 feet deep and 28 feet across. My objective is to create a little space so I can drive my riding lawnmower into in and out and have more storage in the back of the garage. When I built the new one I miscalculated, I don’t have enough room.
Mr. Westlake: Ok, thank you. Questions from the board?
Ms. Marteney: Nice looking garage.
Mr. Pellegrino: Thank you.
Mr. Westlake: Is there anyone here wishing to speak for or against this application? Seeing none, we will come back to the board. We will discuss amongst ourselves.
Ms. Marteney: You don’t see it from the street, a nice new garage.
Mr. Westlake: Do I hear a motion?
Mr. Baroody: I would like to make a motion that we grant Nino Pellegrino of 28 Hockeborne Avenue an area variance of 224 square feet to erect an addition to the rear of the garage as submitted per plan.
Mr. Bartolotta: I’ll second that.
VOTING IN FAVOR: Ms. Marteney
Mr. Baroody
Ms. Calarco
Mr. Bartolotta
Mr. Westlake
Mr. Westlake: Application has been approved, good luck with your lean to.
ZONING BOARD OF APPEALS
MONDAY, JUNE 30, 2008
130 South Street. R1 zoning district. Applicant: R. David Gregg. Use variance to operate a Bed and Breakfast.
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Mr. Westlake: Next we have 130 South Street. Speak right into the microphone, state your name and what you want to do.
Mr. Gregg: My name is David Gregg, I am seeking to purchase the residence on 130 South Street, currently owned by William and Judith Merritt and I would like to utilize the property as a single family home, primary residence and have a use variance for a Bed & Breakfast. My intent is to turn the residence into a single-family primary residence but I would like to talk about that a little bit. My idea is to make a very upscale Bed & Breakfast. We would like to call the Bed and Breakfast the John Henry Osborne Mansion, providing we get permission from the Osborne Foundation to do so. I will refer to it as the John Henry Osborne Mansion until we get permission.
The John Henry Osborne Mansion was originally built in 1904 and it was passed to John Henry’s wife when he died in 1911. In 1915 the property was purchased by F. L. Emerson . From 1915 on the property was used as a home an operated in a commercial capacity. So for 93 years now the property has been owned and operated as a commercial. Only 10 years was this property used as a single-family primary residence. We are looking to do a little bit more than a normal Bed & Breakfast. We are looking to become one of the top Bed & Breakfasts in New York State, so our mission is to be the very best possibly that we can be in New York State. This is huge opportunity for not only the neighbors
that surround the property but the City of Auburn as well. I think the City of Auburn, why this is a very good idea for the City is the City of Auburn is rich in history especially for people passing through. The City of Auburn is the Osborne family for example has a long lineage in history goes back decades. The names here, William Seward, Harriet Tubman, Thomas Mott Osborne, Stanley Metcalf, Harold Metcalf, Edward Metcalf and Theodore Case and on and on. There are a number of people here famous people in Auburn. Has a huge impact on the City’s history, State history, national history and worldwide as well and we would like to show case that through this property. Our intent is to utilize the John Henry Osborne Mansion to show case the history of Auburn by delegating themes to the rooms of our most notable personalities. My idea, my vision, my business venture is simple to produce a 1904-1095 restoration that not only the neighbors
can be proud of but the City of Auburn can be proud of.
The John Henry Osborne Mansion will feature six suites with private bathrooms and the latest in pampered and fashionable amenities imaginable. Each suite will feature a historic theme based on a famous personality that helped shape the history of Auburn. For the very first time in 93 years, the John Henry Osborne Mansion will return to a combination residential and commercial use that will bring the mansion back to it’s original aesthetic beauty celebrated during the historic Roosevelt days. The landscaping will blend beautiful colors with freshly painted wrought iron railings that will showcase the handcrafted lintels that surround the windows on the mansion. All the sites will be fashioned with relaxing
whirlpool tubs, romantic fireplaces. The suites will also feature the latest in WIFI and gadget technology for the high tech business traveler. For special occasions catered meals, chilled wine and Donnelly’s chocolate will be provided for an additional stipend. So you can see what our ideas for a high end Bed & Breakfast and we wanted to let you know what our intentions were.
Mr. Westlake: Thank you. Any questions from the board?
Mr. Baroody: Personally I have no problem any development in the City especially a Bed & Breakfast, the Osbornes and Metcalfs have been great to the City of Auburn and by no means endorsing anything to do with their name, I don’t believe you are just trying to cash in on that name.
Mr. Westlake: Any other questions?
Ms. Calarco: What about the parking situation there?
Mr. Westlake: I believe there is plenty,
Ms. Calarco: I just didn’t remember
Mr. Gregg: There are 3 large parking areas behind the residence at the moment and can easily handle probably 10 cars plus.
Mr. Bartolotta: Is that 12,000 square feet all three levels?
Mr. Gregg: 12,000 square feet and we are looking at just doing the first and second floors.
Mr. Bartolotta: Is the structure larger than 12, 000 square feet?
Mr. Gregg: No, the whole structure is 12,000 square feet combined.
Mr. Bartolotta: So you will be renovating approximately
Mr. Gregg: The first and second floor.
Mr. Westlake: Go ahead.
Mr. Tehan: I am David Tehan with Karpinski & Stapleton in Auburn and I am here to assist Mr. Gregg. I just wanted to go over a few of the factors in considering the use variance. I do have some additional information, hopefully to assist this board and also the public. Again the factors that the board must consider, I know you are very well familiar with them, but I would just like to review. The first one being whether the variance will positively affect the health, safety and welfare of the neighborhood. As Mr. Gregg has explained, he intends to aesthetically restore and beautify the outside of the premises. Currently, I don’t necessarily want to say the property right now is a blight, but it is not
very attractive and it sits on a corner lot. Certainly any effort by Mr. Gregg is going to increase the aesthetics of not only that particular premises but the entire neighborhood. Again this hardship is not self-created. We are going with historic data and information and according to an application filed with the new York State Office of Parks and Recreation, Division for Historic Preservation, the premises as Mr. Gregg suggested is not really been used as a single family home since approximately 1915. After 1915 the property was purchased by F. L. Emerson and was given to the City as a children’s convalescent home and in 1935 in the atlas it was listed as The Auburn City Hospital Home. December 1979 F. L. Emerson Foundation sold the premises to the Cayuga County School for the Retarded Inc., for use as a community rental until it was bought as I understand in 2003 by the Merritts.
Again as Mr. Gregg touched upon this particular premises has historically had a use other than that of a single-family residence. The hardship is unique to this particular premises, it is an approximately 12,000 square foot structure, that is enormous. Again it has had a historically non-residential based use. Based upon its previous uses the interior has been remodeled to meet the needs of the ten existing health and safety codes. I will touch upon what some of the renovations expenses will be, some estimates and figures to show that it is really to renovate this as a single family home is very prohibitive.
Another factor whether the proposed variance will alter the essential character of the neighborhood. I say to this board it will not alter it. The proposed use is as a Bed & Breakfast is that of a residential character and will blend better with the residences in the neighborhood. Further all along South Street starting here all the way to the end you have a blend of residential and commercial uses, ranging from Law Offices, Dental Offices, Chiropractor Offices, Architectural and Engineering, Churches, Funeral Homes, in addition The Unity House, Westminster Manor, Kings & Queens Court and other apartment buildings of say 4 or 5 residential units.
The main item to be determined by the board is deprivation of economic development. I am going to submit two items to the board, which deal with what the Merritts have put into it so far in starting renovations and some estimates prepared by Mr. Gregg as far as renovations are concerned. (Passes information to board). I do have additional copies for the general public. You can see from the Merritt’s application they have already put in about $110,000. They purchased it for $80,000, the $110,000 has been more towards for lack of better term, strip down type of expenses. This hasn’t even turned around sort of remodeling and repairs at this point in time. Mr. Bouck has some photos of the current condition on some of the floors, I will hand that out as
well. But I do have estimates as put forward by Mr. Gregg. Some of them aren’t going to be completely relevant to a single family home but I think the overall picture is there. Again understanding that some of the repairs as set forth may not necessarily be applicable to just a single family home but I think there is enough there to give you an idea. His estimates are around $259,000 to $600,000 absolutely what he considers necessary renovations so between looking at the two separate factors here, what the Merritts paid for the property $80,000, what they have put into it already to strip down so to speak is equal to $190,000 which right now is greater than the assessed value of $101,000. The full market value as set forth might be $106,000. When adding in the expenses of the proposed purchase price is $215,000, in addition to the renovations, we are easily looking at creeping into the $400,000 range of expenses associated with the property
as a single-family home. For some reason in the future Mr. Gregg decided he was going to leave Auburn and sell the property, he would have to have a sale price approaching that amount of money for a return on the investment.
What I am passing out now is a sample of sales over the last 3 years, not only in the City of Auburn, but also from some of the surrounding towns, Sennett, Owasco, Fleming and Aurelius. Now in the City among the sampling I tried to be as conclusive as I possibly could, not to say I may have missed one or two, but there isn’t very many residential sale, single family home in the last 3 years over $200,000. Again I may have missed 1 or 2 but it is a rare event. I tried to be as conclusive as I could with the sample that was generated from the County Office of Real Property Services.
In the long run the factors that we have gone through fall in favor of approving this application. I thank you for your time and attention.
Mr. Westlake: Any questions from the board of Mr. Tehan?
Ms. Marteney: I have two concerns before we begin.
Mr. Westlake: Ok.
Ms. Marteney: I am confused about what he has applied for, it says use variance on the agenda and it is an area variance on the application.
Mr. Westlake: There are actually two of them, an area and use variance.
Ms. Marteney: Ok, my other question is because this is in a historic district does it not have to go before HRRB?
Mr. Fusco: Why don’t we hear from staff on that.
Mr. Selvek: There are a couple issues here. Number 1 is an action under SEQR. The Historic Resource Review Board would be considered an involved agency in that they would grant approval specific to the sign itself. In addition to SEQR, the Code does require that matters that come before whether it be Planning Board, Zoning Board, so on and so forth, that fall within the historic district be referred to Historic Resources Review Board for recommendation under that specific topic, not so much approval one way or another but to provide for the recommendation as to let’s say whether or not they feel it is for historic purposes the Bed & Breakfast would be appropriate at that site.
Mr. Westlake: I think he is trying to say that we are the first step, approval here first before you go to Planning Board?
Mr. Selvek: No, what I am actually saying is that this board needs to refer the matter to the Historic Resources Review Board for recommendation before it can make a decision. That board being the first agency, I would recommend you declare yourself lead agency for SEQR review so that when it comes back to the board next month, end of July, everything will be in line for this board to move forward with this particular review.
Ms. Marteney: Can we listen to all of the information tonight and then make a decision at the next meeting?
Mr. Fusco: Yes. The dollars and cents proof that Mr. Tehan gave at the end of his presentation was very important for use variance to consider and hopefully you will remember all that and if not, next month, you can come back and represent that to see if the he has a reasonable return on this basis. But in the interim because a use variance is an unlisted action we do have to follow SEQR, we have another involved agency, as Steve just said, one thing I didn’t see in the packet was a short form or long form, either way it is your choice Dave. I would coordinate this Environmental Review with the Historic Resources Review Board for reason that Steve articulated. I don’t know when the next meeting is.
Mr. Selvek: The next meeting is next week actually which will work out well.
Mr. Fusco: I would recommend we would be willing to do a resolution to be lead agency, refer to them for the purposes of reviewing the merits and any input that they have regarding the environmental impact if any of the proposed use. It is going to come back here July 28th is our next meeting.
Mr. Tehan: I do have a short form environmental form, I can hand it out tonight.
Mr. Fusco: Hand it out, mark it, I assume the board is going to declare its intention to be lead agency and we can refer back to the Historic Resources Review Board for the issue of appropriateness and visit it next moth.
Mr. Tehan: Thank you.
Mr. Fusco: You need a motion to declare lead agency status.
Ms. Calarco: I make a motion that we declare lead agency status.
Mr. Baroody: I second that motion.
VOTING IN FAVOR: Ms. Marteney
Mr. Baroody
Ms. Calarco
Mr. Bartolotta
Mr. Westlake
Mr. Westlake: Motion to be lead agency has been approved.
Mr. Fusco: You can help us a little, as you know it is 30 days and we are going to be like 29, if you look at the calendar, so if you can make sure to get all the data back to us that would be helpful.
Man in Audience: Asked about speaking, could not hear everything.
Mr. Fusco: You can speak tonight and next month. You can speak twice.
Man in Audience: May I speak?
Mr. Westlake: Yes you may. When you come to the podium, please state your name clearly and your address.
Mr. Stankus: Richard Stankus, 119 South Street. I have a few issues with the usage as a residence, Bed & Breakfast, I am familiar with the property having lived across the street from it for over 20 years now. I agree it does have a limited usefulness either as a residence, but certainly maybe as a Bed & Breakfast. I think most of us in the neighborhood, when he made the statement about dollars and cents, I can name a half a dozen people in that neighborhood that have spend hundreds of thousands of dollars on their homes over the last few years to renovate them into single family dwellings. Our home was a commercial property, the house next to us was the Red Cross building a commercial property so the neighborhood has changed
over the past 10 to 15 years with most of the either apartment complexes or commercial properties including what this was used for, changed back to residences and that I think is the key for any historic district. That part of South Street is uniquely different than the north end of South Street which does have businesses, lawyers offices, funeral homes, there is only one small office on that end of South Street, all the rest are residences and that has been a significant change over the last 10 or 15 years with people who live there as a single family dwelling, spending hundreds of thousand of dollars on their residences. So I am not particularly impressed with the amount of money someone may put into a commercial venture as the specific reason for someone to say this is the only thing that this house can be used for. I agree it is a unique dwelling and it might lend itself better to a residence and a Bed & Breakfast. Before I living across the street
and other neighbors that are here tonight would I think approve of that change. I think we certainly would like to see a lot more details. When someone says they are going to put parking in that is fine but I would like to see where the parking is going to go and how that may impact on the neighborhood, some of the people who live behind are there going to be green spaces, are there going to be fences and I think all of these are extremely relevant to an area that has a very unique character that is unlike any other I think street in New York State.
Literally every house on South Street has significant history attached to it, including this house, but that is really one of dozen of homes I think that has that distinction. Again in terms of dollars and cents I don’t see that as something that would sway me as a board member to say look this gentleman put hundred of thousands dollars into a place and we should go along with the deal. I think as long as it is fitting to the character of the neighborhood, as long as it is fitting with what the neighbors themselves would appreciate, I think being a residence and certainly a Bed & Breakfast, that is a non-issue. We are not here to keep people from coming in and spending dollars to attract in other City areas or enhance a neighborhood. That neighborhood has made a
huge advance the last 10 to 15 years and again people putting hundred of thousands of dollars into their singe family residences. This is not a unique venture, this is a venture that has been going on for a good deal of time.
Mr. Fusco: Doctor you can understand why Mr. Tehan put that proof together. It was not to impress us or to wow us, the purpose of Mr. Tehan doing that on behalf of his client is that in order to grant a use variance in the State of New York, the applicant had to establish what his or her basis is in the property, what they have invested, in this case he is using a couple of different numbers and then what would be the value of the property if put to a legitimate use in the zone. Then he had to subtract B from A and determine these 5 members or 7 next month determine whether that different between those two numbers is a reasonable return or not. So the purpose that Mr. Tehan and the applicant had was not to wow us with six
figure numbers, that is not where they were headed, they were merely trying to satisfy the standard of proof that the law lays out and that would be the same charge that I would give the members of this board next month.
Mr. Stankus: The other issue of concern was the fact that there are not other commercial enterprises on that end of South Street. You come down past half way towards Metcalf, there are no commercial ventures everything that was commercial, everything that was multi-family dwelling have all been reverted back.
Mr. Fusco: That goes to the issue of the character of the neighborhood, which the applicant spoke to. You may disagree, however these 5 people or 7 people feel, those are the kind of things that will consider in their deliberation.
Mr. Stankus: Again, I am only arguing with the argument that because it was mainly commercial property for “x” number of years, most of those buildings were commercial properties, that was the 60’s, 70’s, 80’s, 90’s, but that changed immensely in the 10 or 15 years and I think most people would agree it is much better to have a single family dwelling in Auburn than it is to have a commercial venture that you have 4 or 5 apartments or whatever. Again, I think it is a great idea and I am not here to tell you that I would not support as venture of this type, but before I would as a neighbor what this in my neighborhood, I think I would like some more details as I think most people would like. It is a very, very
unique area and the minute you come in and you take the heart of that area and you change it, it is going to impact the area. I assume it is going to impact it in a positive fashion and I have no doubt that that is their intention. But I think until somebody shows us here a simple diagram, who ever developed this must have some knowledge about where parking is going to be, how you are going to screen that from neighbors, what you are going to have on the corner in terms of signs, certainly I would hope that there will not be multiple signs. Most people are going to come here as a destination, not like they are going to drive down South Street and say wow I am going to stop so I can chocolates on my bed tonight and a few roses by my bed, they are going to stop because they have heard about it and in all due respect we have heard more about the niceties and that is great if we all have been fortunate enough to stay in B & B once or twice in our lives, but the
issue is not the quality of what you are going to provide as a service, but the issue is how you are going to impact the neighborhood, what you designs are going to be like so the neighbors I think have an opportunity to see this because again people have put a lot of thousands of dollars into that neighborhood and still doing so. Because this is a unique area, I think it should not go unrecognized without some input from the neighbors.
Mr. Fusco: Mr. Tehan, Dr. Stankus raises a good point since we are going to be coordinating the environmental review of this involving obviously the Planning Board which will have site plan approval, I think it would behoove you and your client to come up with a site plan between now and a week or so when the Historic Resources Review Board takes a look at this and coordinate that with the Planning Board as well.
Mr. Stankus: Thank you.
Mr. Westlake: Yes sir. Come to the podium, and state your name and address.
Mr. Feldman: Robert Feldman, 10 Swift Street, my property borders the Merritt property. When I purchased the property it was a single family dwelling not a commercial dwelling. I personally don’t have a problem with it being an upscale Bed & Breakfast, my problem is what happens to the building if it fails. We lived with the CDC with the buses coming in and out, with the snowplows going through at 4:30 in the morning and we put a lot into our property as well. So I don’t know if there is some stipulation, I mean I would like to see the property better but should there be some stipulation in the event it did not go through that it wouldn’t become an apartment building and we wouldn’t have several
other families.
Mr. Westlake: This is the Zoning Board of Appeals, this is his first stop, he doesn’t get us to approve the change then he can’t go onto the Planning Board.
Mr. Fusco: Your point is well taken sir and they can set reasonable conditions. I dare say that every member of this board doesn’t want to tie the hands of people in the future. They all are pretty smart folks and whether the property would be entitled to be an apartment house in the future will rise and fall on the merits of that with the same dollars and cents proof that Mr. Tehan introduced to us 15 minutes ago in this presentation.
Ms. Marteney: It would have to come before us.
Mr. Bartolotta: We are not giving a zone change.
Mr. Westlake: They would have to come before the board again, the only thing we can do is put a stipulation that this would be just for a Bed & Breakfast only so it can only be sold as a Bed & Breakfast. We can’t control it being sold as a Bed & Breakfast but it could come in front of the board again if they want to do a different venture, start from ground zero.
Please state your name and address.
Ms. Chaffee: I Pam Chaffee and live at 134 South Street, have lived there now for 23 years, we are right next door to this building. These people are very nice and I think it is a good idea, I am not sure whether or not it would work in Auburn. My concern too is what if it doesn’t fly. I would like to touch on Mr. Tehan’s information. I would love to see the receipts for the $110,000 that has been spent there. We are right next-door and I really think they put that much into it at this point, I don’t think you can tell that. My second concern is that we really didn’t have enough time from getting this letter until now, a couple of neighbors wanted to come and speak and didn’t have enough notice
to be able to make plans to come here, because of family obligations and other things. I really think the people around the area need to be highly considered of the situation. When we moved into our house 23 years ago it was Seneca ARC and I think there were 9 people going to Seneca ARC and then a period of 5 years, 8 years it became a bus lot. Before we knew it they put in a driveway, which has now been taken up, that ran up South Street and around that building and 24/7 starting at 5:00 in the morning, they had snow plows over there, buses running, it was like living next to Wegmans. Then they parking their buses off in the parking lot for us all to look at all weekend. I didn’t mind the 9 people being there, it went from cars to buses bringing them. I like to be in my yard a lot and there was a lot of noise and havoc and bad language and it was difficult having that going on next door.
Also Mr. Tehan said the Emersons sold it to and Peter Emerson said they gave it to Seneca ARC and they were so glad that it was out of their hands, it was a white elephant and did get a tax break giving it away.
Mr. Westlake: That is a hardship to that building because it has a very limited use.
Ms. Chaffee: I am concerned what will happen down the road, I don’t want an apartment building next to me.
Mr. Westlake: They have to come in front of this board again and we wouldn’t want that either.
Mr. Bartolotta: Their use would be limited to what they are requesting which is a Bed & Breakfast
Ms. Chaffee: I have a little dental office, people come Tuesday, Wednesday and Thursday from about 8:00 in the morning until about 3:00 in the afternoon, park by the street, we know the are coming and who they are, know when they are leaving, different than having strangers coming to a Bed & Breakfast. That is my concern, this is a nice, quiet place and it suddenly became this nightmare next to us. Thank you.
Mr. Fusco: The one thing you said at the outset about the neighbors not being able to be here tonight because the notice was so short, do let them know that we will be considering this gain at the end of the month and we welcome them here then.
Ms. Chaffee: Ok.
Mr. Westlake: Thank you very much, anyone else wishing to speak for or against?
Mr. Bouck: My name is John Bouck of Bouck Real Estate. Dr. Stankus and the neighbors have good reason to be concerned about the house and the neighborhood because it is in the heart of one of the most attractive historical areas of the City of Auburn and as such I think we have to certainly look at what will happen to the building in the immediate future and down the road and I think the use that Mr. Gregg has proposed is certainly one of the best possible uses.
Let me just review a few things, as a matter of fact some of the neighbors have contacted me previously about during the prior to Mr. Gregg being interested as to what was going on with the property and what it was being sold for. First of all just some quick numbers, I have had the building and property on the market in multiple listing since April 21 of this year. However, I have been working on with Mr. Merritt in terms of selling it for just about a year. Mr. Merritt thought it would be pretty marketable to sell it as a single-family dwelling. I tried to market it extensively during that time and it wasn’t easy to market and it hasn’t been. Mr. Merritt himself wanted to bring the house to a
single-family residence but he found it economically was not feasible based on current construction costs and what he already has in it. As a matter of fact I provided Mr. Tehan a list of some of the things they did in the property. A lot of it our items that he was removing, for example it took six months just to remove the carpeting that was in there that was glued to inlaid stone floors. The trees alone cost $15,000 the new trees that they put up.
Just so you and the neighbors would know this building has been shown to about 12 qualified buyers by our office and 2 qualified buyers by other offices, I say qualified buyers because a couple slipped by that weren’t very qualified, were really interested in snooping around. Of those people that have looked at it and we have done extensive advertising, only 2 couples were interested in the building for single-family use. One couple came from Marcellus and another couple from Seneca County, there are two guys that have done some rehabs in Elmira and after looking at the property both of them immediately indicated that the reconstruction for use a single family home was way beyond their capabilities and they
wouldn’t pursue it any further. Of the rest of them, 2 of the uses were for potential medial offices uses, one an office and I can’t remember the other, 2 were for use by New York agencies one of which remains interested, 2 are for general office use, 1 was for retail, 2 were for restaurant uses of which only 1 was viable. They were interested but Mr. Merritt refused to entertain any offer at all for restaurant use or commercial use for the property, and that was his own personal reaction and of course we also felt that the board certainly is not going to approve commercial use. The building is currently completely empty. I provided Mr. Tehan with photographs that he passed out, those were taken today, they weren’t taken 6 months ago. All the kitchen fixtures, bathroom fixtures, everything is gone, they weren’t operable they couldn’t be used, removed everything in there and because of the size the two floors as Mr. Tehan
indicated are 6,000 square feet apiece and there is also a 3,000 square foot third floor which obviously can’t be used because of Code requirements and it has 14 foot ceilings throughout most of the house. Frankly I can’t conceive of it being sold as a single-family residence at this point. It is just not going to work and as Dr. Stankus indicated there are a lot of people that put a lot of money into the neighborhood. The houses were not in the same condition as this place, nor is the size of this place.
It was used for a very short time after it was construct4ed in 1905 as a single family by the family that built it. Since then it has been used for commercial or quasi-commercial uses for all of the rest of the years. A children’s convalescent home, I remember that. It was owned by the Auburn City Hospital then for many years Auburn Enlarged City School District Offices and after that purchased and used by the Seneca Cayuga Association for Retarded Children as a day hab and offices. It wasn’t used as a single-family residence for a reason, construction costs, particularly to bring the home back to its original appearance are far too great. If an owner did have a financial ability to do it, you have to ask yourself would somebody invest probably in excess of
half a million dollars plus the acquisition costs and reconstruct a building they couldn’t possibly sell in this community for anything close to that if they could even sell it. I have been selling real estate in Auburn for over 46 years. As Mr. Tehan brought up there are very few homes that sell in excess of $200,000, we have to be realistic about it. I would like to think there are homes worth more than that. Could a single owner afford to pay the normal cost of taxes, utilities as well as the maintenance of that particular building, a 12,000 square foot building, have to be practical when we look at what the uses are here. In this community to require that it be used as a single-family residence obviously poses a very real hardship to the present owner and it isn’t one that he created. I would like to see him sell this property.
What would happen if it doesn’t sell and it is not used as economically viable use, let it sit vacant and empty or you can try and sell it to organization or agency that isn’t necessarily bound by Municipal Zoning requirements or you can just keep it on the market and hope that somebody is eventually come along and want a single family house in that location. I think the proposal made by David Gregg for the use of the home for an upscale Bed & Breakfast provides the best possible solution for that house and the neighborhood. A solution that is economically feasible because even though he is investing a great deal of money he is able to recover it through that particular type of business which is certainly will be a very attractive structure and provides an economic return. It is not with precedent in the neighborhood as well to have a Bed & Breakfast because of within one block of the property are two homes that were used until recently as Bed & Breakfasts. The first is at 102
South Street and the second is at 10 Fitch Avenue. I am not sure if it is still around.
Mr. Westlake: 10 Fitch is still a Bed & Breakfast.
Mr. Bouck: I didn’t see a sign. Both properties Bed & Breakfast and both were and continue to be homes that help improve the neighborhood. They are an asset to this neighborhood just as this home can be and Mr. Gregg’s use certainly is going to be much better than a single-family home that constantly struggles financially to try to keep the property up, stay ahead of all the expenses of 12,000 square foot building. Certainly if there are any questions I can answer on the real estate end of it.
Mr. Westlake: Any questions from the board?
Mr. Bouck: Thank you for your time.
Mr. Westlake: I think most of the people here tonight are concerned, they don’t have a plan to look at and that is really what they would like to see. One more person to speak.
Mr. Deming: My name is Mike Deming of 165 Franklin Street, I am the chair of the Historic Resources Review Board appointed by the City of Auburn. I don’t think you made it clear and I hope the board understands the role of HRRB in this process, we are the first agency and we have been overlooked. We are the protection of the people that live in this neighborhood, they come to use for review, we put a restriction on them and in return they have protection. I think most of the people that have addressed you here tonight have come to HRRB and several of these people have spent hundreds of thousands of dollars just on the exterior. HRRB reviews the exterior of the home so that anything that is done on this home whether it goes to
Planning or Zoning cannot happen without review of the historic board, whether it is landscaping on your property or driveway, the windows on the building, the awnings on the side it, that has to be reviewed and you cannot get a building permit in the City of Auburn for the exterior portion of the building unless you go through HRRB. Our goal tonight was to be the first process that really should have come to use first and then come here and we would have given a recommendation, we don’t bind the Zoning Board to it, to what we decide, but we would give you a recommendation and it would have given all these people an earlier process to come and talk about this. So whatever you decide he is still required to HRRB for anything that is going to happen on the exterior of this property. Just so that is clear and HRRB is not a restrictive board that tries to make this hard. Talk to the people here everything is done to make the process simple, don’t
hold you up, moves fast. It helped create the integrity of the neighborhood, you wouldn’t want to spend money there and have someone move next door to you and destroy your investment, it helps protect what you have invested. It helps keep the integrity of the neighborhood.
Mr. Tehan: I know it is unusual to go back and forth, I am aware of the Historic Resources Review Board and most certainly Mr. Gregg and I discussed it and I made inquiry and perhaps I had some misunderstanding, but I did make inquiry with the Planning Department as to where the board fell into this process and again the understanding that I had and again perhaps I misunderstood was that it had to come to the Zoning Board first and then referral from here.
Mr. Deming: A lot of people come to HRRB to discuss the project before it gets off the ground so that they know they are going in the right direction. I don’t think the board has a problem with what you want to do, that is not my intent of coming here, just to make you aware of its existence and clear on what it is so that you know everything you are going to get into. We are there to make it happen in a positive way so that everyone benefits in the district. We worked with 50 South Street the building they wanted to demolish and the assessed value of that house today is $200,000. Things work in a positive way and everybody works together and it doesn’t become restrictive. We will be there when you come to find a
way to make it happen that will work for everyone.
Mr. Westlake: Thank you sir.
Mr. Selvek: Mr. Chairman if I may clarify a couple of points that were made, specific to Historic Resources Review Board the way the Code is written it is written as a referral from whatever the board it to the Historic Resources Review Board so it is not that the HRRB is being overlooked, as staff, that is the last thing I want to do is to overlook them, but it is set up in the referral process much like in order for someone to appear before the Zoning Board, Codes has to issue a denial, cause and effect. Secondly there was discussion with the applicant regarding the HRRB, he was made fully aware that any changes to the exterior would require HRRB approval, he is aware of that.
Finally for the public I want to make sure that everyone is aware that the Historic Resources Review Board will be meeting July 8, which is next Tuesday at 7:00 p.m. and we welcome your input at the board. Thank you.
Mr. Westlake: Thank you. Anyone else wishing to speak for or against? Ok. Thank you very much.
VOTING IN FAVOR
TO BE LEAD
AGENCY: Ms. Marteney
Mr. Baroody
Ms. Calarco
Mr. Bartolotta
Mr. Westlake
ZONING BOARD OF APPEALS
MONDAY, JUNE 30, 2008
30 Westlake Avenue. R2 zoning district. Applicants: Sunday and Richard Heuser. Area variances of 7’3” o the required 10’ from the west property line and 3’5” of the required 10’ from the east property line to install an above ground pool.
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Mr. Westlake: 30 Westlake Avenue, are you here?
Mr. Heuser: Richard Heuser, 30 Westlake Avenue. My wife, son and I would like to apply for an area variance to install a 16 foot by 36 inch tall pool for our children and we are applying for a variance of 7 foot 3 inches off the west side of our property 3 foot 5 inch variance from the east property line. That is it.
Mr. Westlake: Good. Thank you. Any questions from the board of the applicant?
Ms. Marteney: No, but what a strange shaped piece of property. You really don’t have a choice where to place it.
Mr. Westlake: Is there anyone here wishing to speak for or against the application? Hearing none, come back to the board and discuss amongst ourselves.
Do I hear a motion?
Ms. Calarco: I make a motion that we grant Sunday and Richard Heuser of 30 Westlake Avenue an area variance of 7’3” of the required 10’ from the west property line and 3’5” of the required 10’ from the east property line to install an above ground pool.
Mr. Baroody: I’ll second that.
VOTING IN FAVOR: Ms. Marteney
Mr. Baroody
Ms. Calarco
Mr. Bartolotta
Mr. Westlake
Mr. Westlake: Your application has been approved. Enjoy your pool.
Mrs. Heuser: Thank you very much.
ZONING BOARD OF APPEALS
MONDAY, JUNE 30, 2008
321 Clark Street. C zoning district. Applicant: JEF Computing Inc. Area variance for on addition wall sign.
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Mr. Westlake: 321 Clark Street, are you here? Please come to the podium and state your name and address.
Ms. Eaton: Marie Eaton, representing JEF Computing, Inc. Basically if you look at the pictures in your packet, when you are driving west down Clark Street the road as you are going down JEF Computing, Inc. is at the end of that, we are zoned commercial we are allowed 2 signs in the front and this 3rd sign on the building will be visual area and it will be great for advertising and marketing.
Mr. Westlake: Thank you. Any questions from the board?
Mr. Baroody: You are looking to add one sign?
Ms. Eaton: Yes on the side of the building, will look like what is in the picture.
Ms. Marteney: There are two signs in the packet, one has a white background and one doesn’t.
Ms. Eaton: Different signs, it will be 4 x 8.
Mr. Fusco: I don’t understand what you are asking. There exits one sign so you variance is for a second sing?
Ms. Eaton: There is one sign in the driveway
Mr. Fusco: That is the stand-alone sign in the front?
Ms. Eaton: Yes, too close to the road, needs to be taken down, so we will be left with two signs, one on the Clark Street side and on the Aurelius side
Mr. Fusco: There is a sign in front and you are saying it is too close to the street, so it is going to have to be removed?
Ms. Eaton: Right.
Mr. Fusco: You are telling me that there is another sign somewhere but not in this picture?
Ms. Eaton: No, not yet.
Mr. Fusco: OK.
Ms. Eaton: The variance is for the 3rd sign, there will be a sign on the very front of the building on the peak
Mr. Fusco: On the entranceway?
Mr. Eaton: Yes, where you walk in the main door. That will be one sign.
Mr. Fusco: The other will be facing Aurelius.
Ms. Eaton: Yes.
Mr. Hicks: Can I clarify? Currently you are allowed 2 signs per street frontage, we have frontage on Clark Street, we are going to remove the existing ground sign replace it with a proper ground sign with the proper required set back, that would be classified as one. There will be a new sign over the main entrance door in the small gable in the vestibule, sign #2. The gable facing the easterly side does not have permission by Code to install a sign because it does not have street frontage. This is the variance we are looking to grant.
Mr. Marteney: What is the size of the sign?
Mr. Fusco: You had 4 x 10 in the application.
Ms. Eaton: It is going to be 4 x 8.
Mr. Hicks: The street frontage on Clark Street the sign will not exceed their allowable so with this 4 x 10 or 4 x 8 facing east will still be within the parameters of your allowable.
Mr. Westlake: Ok. Additional sign. Thank you. Any questions from the board? Is there anyone wishing to speak for or against this application? None.
Do I hear a motion?
Mr. Baroody: I make a motion that we grant JEF Computing, Inc., of 321 Clark Street a variance to erect one additional sign on the southeast façade with the approximate 4 x 10 as per plan.
Ms. Marteney: How much footage do they have left over?
Mr. Hicks: Around 200 square feet.
Mr. Fusco: So all three signs together will still be less.
Mr. Bartolotta: I will second that.
VOTING IN FAVOR: Ms. Marteney
Mr. Baroody
Ms. Calarco
Mr. Bartolotta
Mr. Westlake
Mr. Westlake: Application has been approved.
ZONING BOARD OF APPEALS
MONDAY, JUNE 30, 2008
9 Bradley Street. R1 zoning district. Applicants: Pat and Madelyn Palmieri. Area variance of 210 square feet over the allowed 750 square feet to build a garage.
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Mr. Westlake: 9 Bradley Street. Please state your name and address.
Mrs. Palmieri: Madelyn Palmieri, 9 Bradley Street. We are asking for a variance of 200 square feet over the allowed 750 square feet to erect a garage for personal use. We are basically the only house on the street, country living in the City.
Mr. Westlake: Any questions from the board?
Ms. Marteney: Certainly tucked down there.
Ms. Calarco: Property next to you, can it be subdivided into future lots?
Mrs. Palmieri: The property you are looking at is on the right side of our house is a vacant lot and owned by Mr. Bennett and he I don’t believe will ever build on it, I don’t know if you could build on it because of the gas lines go right through and the City owns the property next to that.
Mr. Baroody: National grid is there with the wires.
Ms. Marteney: Someone from the next street over were trying to build a garage there and couldn’t
Mr. Westlake: The power company objected
Ms. Marteney: Because of the power lines.
Mr. Fusco: The square footage of the house, the footprint of the house is 1470 square feet?
Mr. Hicks: Correct.
Mr. Fusco: Therefore under the Code without a variance they would be allowed to have a garage how large?
Mr. Hicks: 750 square feet.
Mr. Fusco: And what they are proposing to build at 24 x 40 is how large?
Mr. Westlake: 960, need 210-foot variance. Questions from the board? Is there anyone here wishing to speak for or against? Hearing none, back to the board.
Ms. Marteney: Enough room.
Mr. Westlake: Plenty. For personal use. Do I hear a motion?
Mr. Baroody: I make a motion that we grant Pat and Madelyn Palmieri of 9 Bradley Street a 210 square foot variance to erect a 960 square foot garage as submitted in plans.
Ms. Calarco: I’ll second that motion.
VOTING IN FAVOR: Ms. Marteney
Mr. Baroody
Ms. Calarco
Mr. Bartolotta
Mr. Westlake
Mr. Westlake: Application has been approved.
Mrs. Palmieri: Thank you.
ZONING BOARD OF APPEALS
MONDAY, JUNE 30, 2008
65 Kearney Avenue. R1 zoning district. Applicant: Erin Shurant. Area variance of 5’ to install a shed partially in the secondary front yard of a corner lot.
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Mr. Westlake: 65 Kearney Avenue. Please come forward, state your name and address.
Ms. Shurant: Erin Shurant, I live at 65 Kearney Avenue. We are looking to part a shed on the side of our property on a corner lot. It is a side property on Amherst Extension, there is a house behind us and there is a house directly across the street. We are looking to get a 10-foot variance to have a shed 10 x 14, 5 feet outside the fence, the current fence is being replaced with 6-foot privacy white fence in the back of the property .
Mr. Fusco: Could you mark with an “x” where you want to put the shed?
Ms. Shurant: If you look at the picture
Mr. Fusco: Where the wheelbarrow is?
Ms. Shurant: Yes.
Mr. Fusco: Where the wheelbarrow is on the gravel?
Ms. Shurant: Yes. I spoke to both neighbors, no problem. The neighbors across the driveway have a shed. When I bought my house it was all woods, not any more.
Ms. Marteney: Little shed, look at the area.
Mr. Westlake: Any more questions from the board? Is there anyone here wishing to speak for or against? Hearing none, come back to the board.
Ms. Marteney: Not going to bother the neighbors.
Mr. Baroody: Nice area.
Mr. Westlake: Do I hear a motion?
Mr. Baroody: I make a motion that we grant Erin Shurant of 65 Kearney Avenue a 5 foot area variance for the placement of a 10 x 14 shed, partially in the secondary front yard of a corner lot, as per plans submitted.
Ms. Calarco: I’ll second that.
VOTING IN FAVOR: Ms. Marteney
Mr. Baroody
Ms. Calarco
Mr. Bartolotta
Mr. Westlake
Mr. Westlake: Application has been approved.
Ms. Shurant: Thank you.
ZONING BOARD OF APPEALS
MONDAY, JUNE 30, 2008
58 Burt Avenue. R1A zoning district. Applicant: Jacob Smith. Area variance of 6’ of the required 7’ sideline setback for an addition to the carport on the south side.
Mr. Westlake: 58 Burt Avenue.
Mr. Smith: My name is Jake Smith, I live at 58 Burt Avenue. I am asking for a variance for a carport on the south side of the property. I have a few pictures here.
Ms. Marteney: How long have you been working on this house?
Mr. smith: Four years. Worked on the inside now I am starting on the outside.
Ms. Marteney: I have been watching your progress.
Mrs. Smith: We have a letter from our neighbor on the south side and they are fully aware of every thing, they have agreed to everything and signed off on our proposal.
Mr. Fusco: We are being asked to grant a variance because not enough of a side yard set back not side of the carport, the distance from the side lot line.
Mr. Smith: Yes. Their property comes into the driveway, they own about 1 ½ to 2 foot into my yard and my driveway is right where the carport is going to go, so I want it to have the same roof line as the porch.
Mrs. Smith: Right now it is a shared driveway.
Mr. Fusco: On this drawing 3 lines, tell the members of the board what those 3 lines are.
Mr. Smith: One is the property line
Mr. Fusco: Is that the one that is dotted?
Mr. Smith: Property line to the driveway.
Mr. Baroody: Second line to the right?
Mr. Fusco: The one above it marked 34 feet.
Mr. Hicks: That is the roofline.
Mr. Baroody: The edge of your carport.
Mr. Smith: One foot from the property line.
Mr. Baroody: You are saying your carport will be one foot from the property line.
Mr. Fusco: What is the line below what you have marked as property line?
Mr. Smith: That is their driveway, neighbor’s driveway, curves into my driveway and then it curves behind their house so they can get two cars in there.
Mr. Fusco: Everyone understand that?
Mr. Westlake: Any questions from the board? Is there anyone wishing to speak for or against? None, come back to the board?
Motion?
Ms. Calarco: I would like to make a motion that we grant Jacob Smith an area variance of 6’ of the required 7’ side line setback for an addition to the carport on the south side.
Mr. Bartolotta: I’ll second that.
VOTING IN FAVOR: Ms. Marteney
Mr. Baroody
Ms. Calarco
Mr. Bartolotta
Mr. Westlake
Mr. Westlake: Application has been approved.
Mr. Smith: Thank you.
Mr. Westlake: Enjoy your carport.
ZONING BOARD OF APPEALS
MONDAY, JUNE 30, 2008
150- 152 S. Fulton Street. R2 zoning district. Applicant: William Sautter by Lucille Bahr POA. Area and use variance for conversion and addition of two apartments.
Mr. Westlake: This item was pulled. I am sorry you didn’t hear that.
Mr. Fusco: Do you want to make a comment in the event it comes up at another meeting?
Mr. Westlake: Speak into the microphone and state your name and address.
Mr. Telley: My name is Brian Telley, I reside at 17 Hoffman Street. I am oppose to it. I bought my house 4 ½ years ago from HUD, it was a 3 family, I had to convert to a single family, still working on it. This neighbor has a lot of rental properties and I don’t think it will be helping the neighborhood.
Ms. Marteney: What street do you live on?
Mr. Telley: Hoffman, they are in my back yard.
Mr. Westlake: Thank you, if it comes up, you will be notified.
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