ZONING BOARD OF APPEALS
MONDAY JULY 28, 2008
Members Present: Ms. Marteney, Mr. Baroody, Mr. Darrow , Mr. Tamburrino, Mr. Bartolotta, Mr. Westlake
Member Absent: Ms. Calarco
Staff Present: Mr. Rossi, Mr. Hicks, Mr. Selvek
APPLICATIONS APPROVED: 130 South Street, 116 Wall Street, 152 Osborne Street
APPLICATION DENIED: 127 Prospect Street
Mr. Westlake: Good evening, this is the Zoning Board of Appeals. Tonight we have on the agenda: 130 South Street, 127 Prospect Street, 116 Wall Street, 152 Osborne Street
If there are no errors or omissions from last month’s minutes of the meeting, all in favor of approving?
All in favor.
ZONING BOARD OF APPEALS
MONDAY, JULY 28, 2008
130 South Street. R1 zoning district. Applicant: R. David Gregg. Use variance for a Bed and Breakfast and two area variances for signs on the property. Tabled from June meeting..
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Mr. Westlake: Is 130 South Street here? Please come to the podium, state your name and what you want to do there.
Mr. Gregg: My name is David Gregg, I am looking to purchase 130 South Street and turn it into a Bed & Breakfast, 6 units and make it a single family home, primary residence.
Mr. Westlake: Ok. Mr. Tehan are you going to speak too?
Mr. Tehan: Not unless you want me to.
Mr. Westlake: OK. Any questions from the board of Mr. Gregg.
Mr. Selvek: May I say something?
Mr. Westlake: Yes, go ahead.
Mr. Selvek: I did mention to the Historic Resources Review Board that I would go through in detail for the benefit of the board as well as for the neighbors. The board did meet last week and reviewed the proposal for the Bed & Breakfast. There were a number of neighbors that spoke at that meeting regarding some of their concerns and those concerns are outlined in this letter to the Zoning Board. They included parking, signage, noise, lighting, landscaping, garbage and owner occupancy. I have a detailed description on each one of those concerns.
The board decided that the proposed use as a Bed & Breakfast would not negatively impact the historic character of the neighborhood. However on the other side in regards to signage the board had concerns with the proposal for two signs, feeling that two signs was more than was needed and one would be appropriate.
Finally the other item before them was the SEQR and they did resolve to allow the Zoning Board to act as lead agency for the purpose of completing the SEQR.
One thing standing out brought up by one of the neighbors was the idea of a Bed & Breakfast and what it could or could not become and my explanation to them based on my experience with the Zoning Board the use variance is granted specific to the Bed & Breakfast. That is the use that is allowed and the definition of a Bed & Breakfast it does indicate it is owner occupied, using it as the primary residence. If there are questions what the Historic Board came up with, I would be happy to answer any questions.
Mr. Westlake: Maybe when the residents come up they may have some questions. Any questions from the board of Mr. Gregg or Mr. Tehan?
Mr. Darrow: Are you going to call for or against?
Mr. Westlake: Yes, have a seat. Is there anyone wishing to speak for or against this application? Come to the podium, please state your name.
Dr. Stankus: Richard Stankus, 119 South Street, directly across the street from the proposed Bed & Breakfast. I have several issues that come to mind tonight. My understanding of the City Code of Auburn, updated in April 2007, the definition of Bed & Breakfast is an accessory use not an alternative use, accessory use of an owner occupied single-family dwelling. Right now this dwelling is vacant and I would assume, I am not a lawyer so, but might be appropriate that the owner occupied the building as a single family residence before an accessory use, not an alternative use, be applied to this particular residence. What that means to me as a lay person is he comes in renovates the use to a single family dwelling which is not a 850 square foot office, but a single family owner occupied
residence, again I am just quoting the Code here, and a Bed & Breakfast as I understand are zoned for R-2, this is an R1, so the variance has to be now to allow a Bed & Breakfast in R-1 zoned area, that is only appropriate to date
Mr. Westlake: That is why they are here sir, we are the Zoning Board of Appeals, not the Zoning Board, the Zoning Board of Appeals, they are appealing.
Dr. Stankus: I understand that, they are appealing I assume I think from the hardship because of the factor that this can’t be established as a single family dwelling which it is right now, it is zoned R-1, single family dwelling, owner occupied. They are looking for I believe a variance to put a Bed & Breakfast as defined in the City Code into an R-1 zone. I am just reading from the City Code. Also it says that there are several important issues that relate to the Bed & Breakfast, one is providing over night accommodations for transient guests. It doesn’t mean for example that people coming in from the Merry-Go-Round Theater, the actors or producers or whatever, they want to book 30-day residence at the Bed & Breakfast. That is not a transient, that needs to be
defined in terms of what is a transient guest, can you commit to a 30 day residence or is it a weekend B&B that we are all accustom to. I think that has to be defined.
Mr. Westlake: I think the price of a room for someone to rent for 30 days would be quite hefty.
Dr. Stankus: If you came to my B&B and I said if you think you can get away with this, I will give you 30 days at a discount price, you put me up in that room for 30 days, I would be a fool not to. If Mr. Gregg wants $300 a night and he came to me tomorrow and I said I would give you $150 for the next 30 days, I think most of us would agree that you are going to take that 30 day occupancy at $150 a night for someone who is coming and going. I am not saying that is the intention, but it is a possibility. Need to define the word transient, they don’t use guest, they use transient guest and I think unless these legal terms if that is what they are, we need to be more objective in how to define these terms, whether it is transient, whether it is accessory not alternative, accessory means different
than alternative to me that is something what a single family owner occupied building is. It is not an alternative use, it is an accessory use.
The last statement says the maximum number of guest at events, if they want guests to invite people over to party for whatever unless somebody puts a maximum number of guests they could have 50 people over there at a wine tasting, they could have 150 people over there for a clambake or BBQ and what it says in the zoning, the maximum number of guests at an event shall be determined by a property by property basis by the Zoning Board of Appeals. I think that has to be defined not some activities where there would be 150 people, have a wedding reception or an outing or something like that, that creates chaos in a very sensitive neighborhood. We have a definite stake in history, South Street has seen a renaissance in the last 10 or 15 years and the last thing we want to do is have anyone coming in and
jeopardizing the money, time and effort that we have put into, not for ourselves, we will never get back the money that we have put into our homes. If I tried to sell my house tomorrow, I will get less than 1/3 of what I put into it, I did partly because of the historic significance, the house I live in the neighborhood I live in and I don’t want that to be destroyed after 20 years of hard work.
The other important fact is this variance for a Bed & Breakfast, we need definition of a Bed & Breakfast is, if we start to factor out that term or we added that term then it is no longer a Bed & Breakfast, these are very well outlined in the City Code. There is another instance here that I would like to point out, that a Bed & Breakfast is subject to regulations zoning home occupations, no Bed & Breakfast shall be permitted under the authority in a district where it is not a permitted principal use. It also says nor shall a Bed & Breakfast be permitted that utilizes more than 4 bedrooms, asking for 6 tonight, so that is a variance of a variance, he is asking for a Bed & Breakfast variance in a R-1 district but he is also asking from a limit of 4 room to 6 rooms. If you have
6 rooms you will probably have 12 guests, no restriction on the number of guests those guests can invite so we have chaos. So the issue is the facts speak for themselves, this is basically the Code of the City of Auburn, New York which was established and revised in April of 2007 and unless it has been revised again, I think we have to stick with the facts and the facts are that a Bed & Breakfast is well defined and what he is looking for doesn’t fit the Code for the Bed & Breakfast. If he is going to adhere to the Code and a variance is allowed again in a historic district which is only allowed in an R2 district, but at the same time he is looking to vary that Bed & Breakfast. Thank you.
Mr. Westlake: Thank you. Any questions from the board?
Mr. Tamburrino: Could you summarize the issue of the maximum number of guests defined in Bed & Breakfast, 8 guests max?
Dr. Stankus: Most important issue to me is I don’t want an absentee landlord. By that I mean, if the definition of a Bed & Breakfast is owner occupied, owner occupied means more than just coming once a week and having 850 square feet of office, or if some other person manages the place, it is not their principal residence. All the Bed & Breakfasts that are established in Auburn now, there is one on Fitch Avenue, that is an owner occupied residence with 3 units. There is another one I believe on the west end of town that is also owner occupied. Again the minute you don’t owner occupy a Bed & Breakfast that is an absentee landlord as far as I am concerned. There is nothing that you can do to make these people who own the building to what you would expect an owner to do
that occupies that building. If you can walk through the door any time of the day and talk to the owner and say take your garbage out, keep your dog out of my yard, cut your grass when you are suppose to, take your garbage cans in when you are suppose to, not have loud parties at 3 or 4 o’clock in the morning. Heck of a lot easier than to have to find who owns this, does an enterprise, does an agency own it, is it an owner that lives here in town and over time it will be much more difficult, but I think if we adhere to a Bed & Breakfast owner occupied single family with an accessory use.
Mr. Tamburrino: Thank you.
Mr. Westlake: Is there anyone else here that wishes to speak for or against?
Mr. Valdina: My name is John Valdina, 129 South Street, across the street from this property. Again my concerns are similar to what Dr. Stankus said. My feeling is that if it is a truly owner occupied enterprise and by enterprise I mean someone who is living in that house full time. Possibly limiting the use of this as a Bed & Breakfast if the owner is not living in residence. Also having some sort of limit whether alcoholic beverages be allowed, whether parties will be allowed, how many maximum number of people at parties, all of these things are detrimental to the residential nature of the neighborhood. We have been living there a long time and have tried to maintain these as single-family homes, beautiful architectural stock in the City; we don’t have all that many
left. My concern is the principal use of 130 South Street be a residential residence owner occupied and living there.
Mr. Westlake: Thank you very much.
Mr. Darrow: I have a one question. If you would just clarify, you made a statement about no use of alcoholic beverages, are you talking that the guests can’t bring a bottle of wine?
Mr. Valdina: What I am saying it functions like Wine Tasting parties, if there is a formal function obviously if someone had a bottle of wine in their room that would be regulated or controlled. I am talking about formal events where there are people invited and we are talking traffic considerations, parking considerations, there is on street parking only on one side of South Street, there are a lot of children, joggers, lot of people do use South Street for walking, biking, lot of kid traffic.
Mr. Darrow: Thank you.
Mr. Westlake: Thank you very much. Is there anyone else wishing to speak for or against this application?
Mrs. Chaffee: My name is Pam Chaffee and I live at 134 South Street. I have a question for you. I was under the impression in order for you to change the variance it has to be a hardship, is that correct?
Mr. Westlake: Have to show a financial hardship, yes.
Mrs. Chaffee: We had a paper back there I am not sure where it was printed from, I think from the Zoning Code?
Mr. Valdina: Directions for use variance.
Mrs. Chaffee: But it says on there you cannot have a self-imposed hardship and I feel like this person who has this building right now is trying to prove the self-imposed hardship. That building was up for sale for any time at all before this guy snapped it up. That building may be a white elephant but he went out and quickly bought that building and took possession of it, with the idea that he could make money off that building. If I went out and bought myself a great big SUV and I came back two weeks later or next year or next month and said to you, I have this huge hardship you all would laugh at me. Well I feel like this man did the same thing to 130 South Street. Then he came up and said he put $110,000 on it. All I can say is you got some very expensive grass
seed because we live right next door and there was not much done to that building and if he did a lot of the work himself he didn’t hire anybody to do it. He created his own hardship; if he was selling this building to these people for approximately what he paid for it I would sit down and shut up.
Mr. Westlake: Can I ask you a question? What would you do with a building like that?
Mrs. Chaffee: He should never have bought it.
Mr. Westlake: It doesn’t make any difference, it is there right now, it is not going to go away
Mrs. Chaffee: If the price was lowered, I think a single family would buy it.
Mr. Westlake: You think you could make it into a single family home? Really in reality?
Mrs. Chaffee: I have seen some families looking at that house, I think if they could pay for that house what he paid for that house, they could make it into a single family house and live quite well there. I don’t think they had the opportunity because he wanted $275,000 for it, and he paid $80,000. I don’t call that a hardship. What is he trying to do charge us for the taxes he paid, taxed on $100,000, he wants $275,000 for the place, he leaves the lights on all night, wants money for what he put into it, I don’t know why he asking $275,000, that is not a self-imposed hardship.
I live next door and there are these roofs that comes off the porch over there and when Seneca ARC was there you couldn’t sit in your yard when people were out there, the roof just echoed the noise right off of that place right into our yard. I like the peace I have right now, these people are very nice, I am not anti them, but if you have a party with 10 or 12 people or BBQ on the deck, I am not going to be able to go outside, I am not going to be able to enjoy my yard, the noise is going to come right off and come into my yard.
Ms. Marteney: That can happen with single family living there too 12,000 square feet it going to be a cheaper by the dozen family move in.
Mrs. Chaffee: I will take them, a family I will take them. I have 4 of my own; they would be a lot more predictable.
Mr. Westlake: Ok, if he did put it on the market as a single family and left it there for 2 or 3 years would that be a hardship?
Mrs. Chaffee: Not a hardship, I know single-family houses that have been on the market 2 or 3 years.
Mr. Bartolotta: I can certainly appreciate some of the comments that have been made tonight by the property owners neighboring the property, but I think one item that needs to be taken into consideration is the applicant and the owner are two different people and the applicant is the one that has to show the hardship I believe. So the owner is not really obligated, he is not petitioning the board for anything.
Mrs. Chaffee: Applicant isn’t the owner?
Ms. Marteney: Applicant is the intended owner, the current owner is not coming for a variance, and the sale has not gone through yet.
Mr. Baroody: You are speaking what the other person did, Mr. Gregg is looking to buy it, and we are such a narrow legislative view that we can look at.
Mrs. Chaffee: I have another question, the price he is going to charge per room in that going to be in the zoning permit?
Mr. Westlake: We can’t tell him what to charge.
Mrs. Chaffee: My family lives in Colorado and they had a very nice building down the street from them that was bought for a Bed & Breakfast. The people redid the building they furnished it with down comforters, it was very romantic. Then the building was sold to someone else, people came in and ran the building down. Right now because of their Codes and a lack of Codes this building is occupied by 6 individuals at a very low price per month, they cannot get those people out of there.
Mr. Westlake: We can in the City of Auburn limit their use, we will not allow that to happen, it is going to be a Bed & Breakfast. The only way they can come back before us again is if they want a change otherwise it is just a Bed & Breakfast. We decide tonight whether it will be 4 or 6, that is all it can be, occupied as a Bed & Breakfast if they want a boarding house, no, they have to come back in front of the Zoning Board of Appeals and apply again, that can’t happen here in Auburn.
Mrs. Chaffee: If they go in and start to repair the building and they run into problems and they run out of money, and they come back as claim hardship, they want to turn it into something else
Mr. Westlake: We wouldn’t allow that to happen, they are coming here strictly as a Bed & Breakfast here tonight, they are in front of us and we either accept or reject the application. That is all. If they want to turn it into something else they have to come in front of this board again with another application and change it to whatever they are going to change it to. The board at that time will have to make that decision, just as we are making one tonight.
Dr. Stankus: I think there are several issues that the board is familiar with that I am not. As Mrs. Chaffee was saying hardship is well defined in the use variance application procedure for example the hardship is unique and does not apply to a substantial portion of the district or neighborhood, the requested variance would not alter the essential character of the neighborhood. The Historical Resources spoke to that and the feel that as long as it is a Bed & Breakfast is defined as a Bed & Breakfast as defined by City Code and if this is not then it would not be fitting with the essential character of the neighborhood. The other issue is that the hardship is not self-created. It says here a hardship that has been crated by the applicant’s own actions where the applicant purchased a
residentially zoned for a very high price
Mr. Westlake: Not the applicant, the people who own it.
Dr. Stankus: I am just brining up what the definition is. In order to qualify for use variance the applicant must show proof and I believe the applicant is Mr. Gregg that the property cannot realize a reasonable return which is limited only to those permitted in a zoned district. I would agree that I have seen in the last month since this board met, at least 2 families that visited and toured the premises, there is a general interest with someone with some insight and vision creating that into a single family residence. I think that is the key issue, not against a Bed & Breakfast as long as it is according to Code and criteria but the most important component of that is that it is owner occupied a single family residence, the primary residence and accessory use as a Bed & Breakfast, limit the
use according to City Code, no more than 4 rooms and also stipulation that the Zoning Board needs to define how may guests in addition to the guests, can be there at any time for a function created by the Bed & Breakfast, and define the term transient and kind of raise the cap so to speak between Bed & Breakfast and an owner occupied apartment house complex. I think those are the key issues you need to address.
Mr. Westlake: Thank you again. You would like to speak sir? Come to the podium; state your name and address.
Mr. Shellenburger: Alan Shellenburger, 144 South Street. We had a re-evaluation, I noticed that the taxes on this house at the time the taxes on my house valued was a 1/3 of my taxes, yet it is 3 times more square feet, is that going to change?
Mr. Westlake: We can’t get into taxes, we are the Zoning Board of Appeals.
Mr. Darrow: That is a question for assessment.
Mr. Shellenburger: Thank you.
Mr. Westlake: Is there anyone else wishing to speak for or against this application?
Mr. Darrow: Mr. Gregg, do you plan on living there?
Mr. Gregg: Yes.
Mr. Bouck: Good evening, I am John Bouck with Bouck Real Estate and I just wanted to clarify a couple things that were brought out. First of all Mr. Merritt purchased the property, I sold it to him 3 years ago from Seneca Cayuga ARC and it was on the market for over 6 months, did not have a single buyer, reduced the price to $150,000. He bought it because he wanted to live there and he genuinely tried to do a great deal of work, he gutted the place and that took him longer than most people to build a house because he removed all the materials, as it was used for offices for over 80 years. Mr. Merritt asked me over a year ago to place the house on the market for sale. I had recommended at the time put it on MLS, he refused to do that, he did not want to disturb the neighborhood, he didn’t want to disturb the people there until I finally put it in multiple listing on April 21 of this year.
Since the last meeting we had here, I have had 9 people through the property. We continued showing it and I advised Mr. Gregg at that time that we were going to continue showing it and look for back up offers. We had 9 people through the property I do not have a single offer. One of the reasons 3 of the people that I showed it to out of the 9 were for single-family residential use. Two of them were sent to me by the neighbors and one of them I did not bring through, when I talked with them they said they were going to come back. The other two old me that they had no interest in it because of the costs of the extensive renovations that would be required. As a matter of fact I showed it today to a contractor from Geneva who is interested in the building to put in condominiums, they
wanted to have 6 condominiums. I showed it to another individual also from out of the area that was interested in it for a restaurant. I advised them if the B&B does not go through this board that a restaurant wouldn’t go through. I showed it to another individual just this morning for use as offices. It is not that it hasn’t been worked on, Mr. Gregg in making application here or Mr. Merritt trying to selling it I am not selling this or trying to get a variance because of a self-imposed hardship, it is a real hardship. A question someone asked a while ago, ok the building is sitting there, what are you going to do with it? Well the preference is to have some viable attractive use that will be an asset to the neighborhood and not let it sit there for the next 5 years vacant. Mr. Merritt has concerns about the neighborhood, he takes care of the lawn, he takes care of everything else, he does not want to sell it to someone
cheaply, there are all kinds of circumstances with agencies that could take it. Again just indicating that in this situation that these are the facts.
Mr. Darrow: As you had it listed for Mr. Merritt, how many months did you have that listing?
Mr. Bouck: In multiple listing since April 21, 2008. Prior to last winter that we actually showed it to someone at that time.
Mr. Darrow: So you have been seeking a buyer for Mr. Merritt since November – December of 2007?
Mr. Bouck: Of last year, correct.
Mr. Darrow: How long did you say you had it on the market before Mr. Merritt bought it?
Mr. Bouck: Around 6 months, it might have been a little longer.
Mr. Tamburrino: Mr. Merritt is in financial distress.
Mr. Bouck: In terms of the sale of the property.
Mr. Baroody: We can’t look at that.
Mr. Bouck: Mr. Merritt also signed an affidavit indicating that Mr. Gregg seek this relief on his behalf.
Mr. Westlake: Thank you. Is there anyone else wishing to speak for or against? Maybe we could have Mr. Gregg come up to answer some questions.
Mr. Valdina: Maybe you can tell me if I am wrong in my assumptions, but our major concern is if this is approved to be used as a Bed & Breakfast, basically that the variance be written very precise terms as far as parking, as far as number of rooms, as far as definition of owner occupancy, maximum numbers of people, garbage placement.
Mr. Westlake: I have to say something here, we are the Zoning Board of Appeals this is their first step they are going from us to the Planning Board, the Planning Board will at that time look at those issues and they will work with them. Their first step was with the Historic Resources Review board.
Mr. Valdina: I am aware of the Planning Board; I was Chairman of the Planning Board for 10 years.
Mr. Selvek: Because there is not exterior changes for the property it will not be going before the Planning Board, however any exterior changes including screening of the parking lot, and the signs does have to go back to the Historic Resources Review Board for approval. So there is another layer on top.
Mr. Valdina: We are concerned about the things that are under the jurisdiction of the Historic Resources Review Board be addressed by that board, the things under the ZBA in granting the variance be defined, the definitions be outlined precisely so that we as neighbors know what is allowed and what isn’t allowed, what owner occupancy means, what number of rooms, what number of people, what parking situation, parking would be more Historic Board. I think you catch my drift.
Mr. Bartolotta: I have one question, I am starting to gather what the questions mostly concern the neighbors, correct me if I am wrong, you are ok with a Bed & Breakfast but you want to make certain that the definitions are very concise.
Mr. Valdina: What we are ok with is someone living in a single family residence, someone being in the house as the primary residence and they rent out 3 or 4 rooms on weekends and when these rooms are rented out they are in residence there overseeing what is going on, definition of transient that they are only there for a day or two or whatever the definition of transient is. It be a truly owner occupied single family residential home with accessory use as a Bed & Breakfast, not be a business that is a Bed & Breakfast somebody just there part of the time overseeing this Bed & Breakfast.
Mr. Darrow: Sixteen – eighteen years ago I was on this board when we were first asked to address a Bed & Breakfast with the Irish Rose. Were there any ever really serious problems with the Irish Rose?
Mr. Valdina: I think there were.
Mr. Darrow: What?
Mr. Valdina: Parties at the Irish Rose, I know there were problems with the neighbors, I just can’t come up with them right now.
Mr. Darrow: You are saying what occurred there were parties, wine tasting?
Mr. Valdina: Yes, but that was a different situation, it is a R-2 multiple family neighborhood totally different zoning. We are R-1 on the other side of Swift Street and we want to keep it that way and we don’t want it changed.
Ms. Felter: My name is Sue Felter, I reside at 10 Swift Street right behind. I think I am not here to destroy Mr. Gregg’s dream to buy this and make it a Bed & Breakfast, we are just concerned about our own properties and our dreams, historic fashion the way it has been and continue that way. I have lived in that house for 17 years and before Mr. Merritt bought that house it was a mess. ARC never took care of it, there were buses parked on the lawn, 25 buses driving around every day, there were bags from McDonalds, garbage, I picked up medical records that were dropped. We want to see the area kept clean, tidy and taken care of. Mr. Merritt came in, he spent a lot of money on trees and shrubs and he has been maintaining it. He took up sidewalks and repaired them, pulled out
the driveway. I never sat in my living room because I didn’t want to look at the driveway, now there are trees, bushes, he has done a lot. He has improved the property. I am sure Mr. Gregg is going to do the same thing, we are not trying to keep him away, we are just trying to make sure all the “i” are dotted. That is why Dr. Stankus is bringing to the board that we want to make sure there are 4 or 6 rooms, that is what it is going to be, and there are not going to be 10 people parking in the parking lot, there are not going to be big parties, there is not going to be drinking. It is a neighborhood full of children, I have 4, Pam has 4, there are a lot of kids in this neighborhood. We try to be respectful to families and to everyone else. We don’t want to take anything away from him. I am hoping that we can accept him into our neighborhood and all be friends. We are trying our very hardest to make sure
that everyone is happy and that he understands that.
Mr. Westlake: Thank you very much.
Mrs. Chaffee: Pam Chaffee, 134 South Street. I have a question. If he were to sell and it is sold as a Bed & Breakfast, do those people have to come back to the Zoning Board to continue as a Bed & Breakfast?
Mr. Westlake: No.
Mrs. Chaffee: Sold as a Bed & Breakfast, they don’t have to come back to this board.
Mr. Westlake: No.
Mrs. Chaffee: That was my question.
Ms. Law: My name is Cindy Law and I live at 26 Fitch Avenue, I am in support of this application. Dave and I have dated for 5 years; he is my friend and partner. I want to clear up some things for the neighbors. First big family, we have 3 teenage boys and two daughters in their early 20’s. Secondly as far as Dave when he moved here last year he was so struck by the history, the City, what we have here, the community, he realized things that I was taking for granted. Fort Hill Cemetery, Seward House, he wants to be involved. We want to spend our lives here, our families are here. The third thing I wanted to say as far as being clean, tidy, have things a certain way, almost to a fault. I would say give us a chance and we will do the job right.
Mr. Westlake: Thank you very much. Anyone else? Mr. Gregg this is going to be your primary residence?
Mr. Gregg: Yes, it will be my primary residence.
Mr. Westlake: They are worried about large parties.
Mr. Gregg: Plan on having 6 rooms, very high-class suites, fireplaces, very nice, 1904-05 restoration.
Mr. Westlake: They are most concerned with over population and what it is going to look like.
Mr. Gregg: There are going to be no changes to the outside except for cleaning and repairing of the brick, the driveway will be resurfaced, no changes.
Mr. Westlake: Thank you. Any questions from the board?
Ms. Marteney: I am looking through the packet and I don’t see the number of rooms. Tell me where that is.
Mr. Gregg: There was a letter explaining what was going to be done.
Mr. Tamburrino: Attached to the application.
Mr. Baroody: We have to consider from an R-2 to an R-1, primary residence, number of guests and the maximum number of people allowed.
Mr. Darrow: The first thing we need to consider is the variance to allow it in an R-1 because if that fails everything else is moot.
Mr. Westlake: Correct.
Mr. Darrow: So that will be first.
Mr. Westlake: We have to do the SEQR first.
Mr. Tehan: A gentleman mentioned that this would be a self-imposed hardship by Mr. Gregg. I presented information at the last meeting, the point that was brought up was that the nature of this particular structure and the way it has been used over the last 93 years and the way that it has been renovated inside for those particular purposes, now the renovations that have to be made simply doesn’t make it a single family home. Presented financial information that would basically show that there very unlikely to have that kind of return. We presented information to the cost of the renovations, also presented information as to the type of sales around here and I do stand corrected, there was one sale for $330,000 on property on South Street in that area but again you are comparing apples to oranges. If you take that into consideration when you consider the hardship and whether or not it is a self-imposed issue. Thank you.
Mr. Westlake: Thank you.
Mr. Darrow: One of the chief points I think here is we have to look at hardship, self-created not self-created, but I think in this once instance uniqueness is also important because what other uses would be the least inconvenience in an R-1 and I don’t thing we can really find anything other than single family residence that would disturb an R-1 historic district less.
Mr. Westlake: True.
Mr. Bartolotta: I don’t have the Code with me, Steve could you refresh my memory on the definition of Bed & Breakfast if you don’t mind?
Mr. Selvek: Bed & Breakfast is defined as an accessory use in an owner occupied single family dwelling providing overnight accommodations for transient guests who are provided with breakfast as part of the cost of lodgings. Such home shall be allowed to host small events and receptions reserved by guests and non-guests and limited to invitation only and offer for sale to guests small ornamental items. The maximum number of guests at events shall be determined on a property-by-property basis by the Zoning Board of Appeals. With regard to the discussion of the number of bedrooms, specific to the R-2 district, a Bed & Breakfast is allowed but in there they defined with no more than 4 units, 4 bedrooms within R-2. Because of a use variance because the Bed & Breakfast is in an R-1, it is up
to the discretion of the board to define as part of the variance the number of bedrooms.
Mr. Darrow: The Historic Review Board requested it be held at 4 and that is something that has been added to our original Bed & Breakfast or is 4 units part of our original definition of Bed & Breakfast.
Mr. Selvek: In terms of granting a variance 4 is not part of the definition of a Bed & Breakfast.
Mr. Darrow: Ok.
Mr. Selvek: Identifies how many will be allowed.
Mr. Bartolotta: Thank you.
Ms. Marteney: One of the things we don’t have in the packet at all they are talking about their investment but they are not talking about their return will be. I don’t have that in my packet. That would be part of the hardship. You put a million dollars how long will it be before you recoup that, in 6 months, or 60 years, we don’t have any of that information. We have possible renovations and necessary renovations, which varies from $259,000 to $370,000. How long will it take him to recoup?
Mr. Darrow: Depends on what he is using it as.
Ms. Marteney: I think we do have to take that into account.
Mr. Bartolotta: The question is what the return would be if the variance were not granted if they were to use it as a single family home.
Ms. Marteney: There is no return.
Mr. Bartolotta: I think what you suggested if you put a million dollars in your house do you expect to get a return on your investment?
Ms. Marteney: As a B & B
Mr. Darrow: Dr. Stankus if he put his house on the market he might get 1/3 of his investment.
Ms. Marteney: That is something we often ask people when they come to us with businesses, if you are going to buy a building and do things to it, what are your expectations in terms of, this is a business he is going to be running there and what is the return on it? What if he does calculations and one of the concerns is that it is not going to fly; I certainly don’t want it to turn into something else. This is a business he wants to make it into a business and he doesn’t have those kinds of figures and we have asked for those kinds of figures before.
Mr. Tamburrino: He is making an investment in a B & B. Then he does the calculation, this much renting over “X” number of years, this is my rate of return, but in order to get that though he had to get a variance, that is what he is asking, it that a hardship? In order to have a business run, have a good return on investment you need to have this variance, is this self-imposed.
Ms. Marteney: So if he invested $259,000 in this he can’t live in that house? How much did you put in your house Mr. Shellenburger since you bought it?
Mr. Shellenburger: $600,000.
Ms. Marteney: That is 3 times what he says he is going to put into it, a single family occupied house.
Mr. Westlake: Will never be able to sell the house with that amount of money put into it.
Mr. Bartolotta: It might help to run through the elements really quickly on the use variance.
Mr. Westlake: Let’s do the SEQR without that we can’t go any further. Steve if you would do that for us that would be great.
Mr. Selvek: With regards to the SEQR short form, answers are on the back for the boards review and discussion. Again looks at potential adverse environmental impacts. Focus on Part II Section C. C-1 deals with specific to air quality, surface or groundwater quality, noise levels, existing traffic patterns, solid waste, potential erosion, and drainage. Many of these don’t’ apply there won’t be changes in the nature o site work on the exterior. As mentioned by one of the neighbors there is a potential for Bed & Breakfast to generate noise that would commonly associated with a single family home, not that it will happen but there is that potential.
With C-2 which deals with aesthetics, agricultural and other natural and cultural resources or neighborhood character as mentioned earlier the Historic Resources Review Board does not feel this will have an adverse impact on the neighborhood character. That the proposed two signs, the Historic Resources Review Board felt it would be inappropriate that is something to keep in mind.
With regards to vegetation, wild species, habitats again for this proposal it is not applicable.
With regards to C-4 a community’s existing plans or goals as officially adopted, or a change in use or intensity of use of land there are numerous references within the surround organizations as well as the comprehensive plan to promote and support tourism, a proposal of this nature would be to further those particular efforts.
Finally and lastly under C-6 long term, short term, effects not identified this is a question that was brought up before and this is just a reminder to the board that any variance will run with the land. If this property should change hands in the future it continues use as a Bed & Breakfast.
I would be happy to answer any questions in regard to the SEQR.
Mr. Darrow: I would like to put forth a motion that we find a negative declaration of the short environmental form.
Mr. Baroody: Second.
Mr. Selvek: Negative impact or declaration?
Mr. Darrow: Declaration.
VOTING IN FAVOR: Ms. Marteney
Mr. Baroody
Mr. Darrow
Mr. Tamburrino
Mr. Bartolotta
Mr. Westlake
Mr. Westlake: Ok. Next one, we should do 4 different motions.
Mr. Darrow: Any more discussion on actual permitted Bed & Breakfast in a R-1.
Mr. Bartolotta: The next motion is going to be
Mr. Darrow: To allow just a Bed & Breakfast and then move on to the other line items if you will if this should fly.
I would like to make a motion that we grant R. David Gregg of 26 Fitch Avenue a use variance for the purpose of operating a Bed & Breakfast at 130 South Street as pertains to City Code.
Mr. Baroody: Second.
VOTING IN FAVOR: Ms. Marteney
Mr. Baroody
Mr. Darrow
Mr. Tamburrino
Mr. Bartolotta
Mr. Westlake
Mr. Darrow: Occupancy?
Mr. Westlake: Yes the number of rooms.
Mr. Darrow: Discussion on 4 or 6?
My personal feeling is the size of the property. I feel 6 would be the cap. I would like other discussion or other input.
Mr. Baroody: Maximum of 6.
Mr. Darrow: I would like to make a motion that we grant a variance for R. David Gregg of 26 Fitch Avenue for property at 130 South Street to be known as a Bed & Breakfast to have a maximum occupancy of 6 rooms and or suites for rent.
Mr. Bartolotta: I’ll second.
VOTING IN FAVOR: Ms. Marteney
Mr. Baroody
Mr. Darrow
Mr. Tamburrino
Mr. Bartolotta
Mr. Westlake
Mr. Darrow: I would like to make a motion that we grant R. David Gregg of 26 Fitch Avenue for property located at 130 South Street a 3 square foot variance for the purpose of erecting 1 sign for Bed & Breakfast as submitted in plot plan in packet in corner area not to violate clear sight triangle.
Mr. Bartolotta: I’ll second.
VOTING IN FAVOR: Ms. Marteney
Mr. Baroody
Mr. Darrow
Mr. Tamburrino
Mr. Bartolotta
Mr. Westlake
Mr. Darrow: I would like to make a motion that we grant R. David Gregg of 26 Fitch Avenue, property at 130 South Street known as Bed & Breakfast a variance for a second additional sign.
Mr. Baroody: All proposals have to be brought up in the affirmative. Second.
VOTING AGAINST: Ms. Marteney
Mr. Baroody
Mr. Darrow
Mr. Tamburrino
Mr. Bartolotta
Mr. Westlake
Mr. Westlake: Number of total guests.
Mr. Darrow: If there are 6 suites, 2 to a room that is 12.
Mr. Tamburrino: Maybe children too.
Mr. Bartolotta: Seems to me it is unlikely that you are going to have every single guest there requiring guests at the same exact time, so the likelihood of having 50 people there at one time would probably small, I don’t think we need to go beyond that in number.
Mr. Darrow: For guests I am coming up with 24 just in case some do have children. We don’t know it being suites they have a sofa that you pull out to accommodate children so there could be children in a room that is something we should take into consideration.
Mr. Tamburrino: Have family reunions.
Mr. Selvek: A reminder for the board one of the things the board has to grant a minimal variance necessary, keep that in mind.
Mr. Darrow: Yes. Maximum guests included 24
Mr. Bartolotta: Including the people who are invited by the guests.
Mr. Darrow: Registered guests, not visitors.
Mr. Baroody: 24 registered guests, family of 4.
Mr. Darrow: Now as far as the maximum people guests plus any visitors that is where we should really be hard pressed to look at parking availability. There are 20 parking spots and anything we come up with should be under that, no more than that.
Mr. Bartolotta: Are all your suites going to be for 4 occupancy?
Mr. Gregg: They will all be suites, 6 suites and occupancy of 4 people.
Mr. Bartolotta: How many square feet is each suite?
Mr. Gregg: They are quite large.
Mr. Bartolotta: Do you have plans done already?
Mr. Gregg: No, we don’t have architecture plans yet; we have had GC come through the building.
Ms. Marteney: If you have 6 suites, a family would come in 1 car, you would have 6 registered guests and family parking space because he is going to live there.
Mr. Darrow: Two cars now that is 8, so they either get 10 parking spots left, no that would be way too high.
Mr. Selvek: I would like to point out to the board that the Historic Resources Review Board had in mind 10 parking spaces which was sufficient for the guests as well as the resident. So the only concern would be the discussion that is now going on guests 24 +, the Historic Resources Review Board discussed it and no likely impact.
Mr. Baroody: What do you mean no likely impact?
Mr. Selvek: The Historic Resource Review Board looked at the impact to the character of the historic district, they were thinking in their discussion they have up to 10 cars parked on that site at any one point in time. They are looking at 10 to 20 cars or 20 cars, that would be taken in a different light as to the overall of having 20 cars on site versus 10 cars.
Mr. Darrow: You could have 8 cars just between owner occupancy and guests.
Ms. Marteney: Yes that is what we heard from the Historic Resources Review Board.
Mr. Bartolotta: So that is why there re 20, 10 would be for the guest and the other 10 for the owners?
Ms. Marteney: No, 7 for the guest and 1 for the owner, 3 left.
Mr. Darrow: I am having difficulty with the maximum number of cars because I mean how can we set that number where he may have a registered guest who may have 4 people on a night that he is sold out, they want to stop over and visit with them or 6 people they could be family from the area, now there are 3 people over the limit, so are they suppose to ask 3 of the guests, sorry you have to leave? The 20 parking spots are really not parking spots; I don’t think it should be all parking.
Ms. Marteney: There currently are 20 spots.
Mr. Darrow: Just because there is parking for 20, that they should use up 20.
Mr. Bartolotta: Statistically in a Bed & Breakfast industry what is the occupancy rate in a place like this?
Mr. Gregg: 50%. On weekends it could be 100%.
Ms. Marteney: You are hoping!
Mr. Westlake: There are 20 spaces there right now, we shouldn’t take any away.
Mr. Tamburrino: I wouldn’t want parking on the street, I would rather they park on the property, not on the street, sounds like the 20 could catch it all.
Ms. Marteney: And that is what they have now.
Mr. Darrow: If you taken into consideration as many square feet as that building and if you packed the entire building even indoors with visiting guests 36 people would the place be crowded with the square footage. If you had it at 36 that would be allowing if you ever sold out completely that would be 12.
Mr. Bartolotta: The concerns I don’t think are whether or not that is going to be crowded, I think the bigger concern is how loud is it going to be for the neighbors, are they going to have a tent out there and have weddings and parties, I don’t think the Code restricts that
Mr. Darrow: How much space can 36 people take up?
Mr. Westlake: We can restrict tem to no outside tents; everything has to be done inside.
Mr. Darrow: I am more than sure that the Fire Department will be setting occupancy of the dwelling when they apply for a permit to get a CO at that point, the Fire Department will set an occupancy how many people can be in the building at one time.
Mr. Westlake: The neighbors don’t want to have large weddings there; they just want a Bed & Breakfast with the owner occupying the building. We are taking if a family comes in to visit the Seward House, that they can have 4 people in the room and 2 guests, don’t want a large party outside.
Mr. Darrow: It seems that we are in agreement on 24, but what is the next figure for maximum occupancy guests and visitors, is it 36, is it 30, 28?
Ms. Marteney: Whether or not large-scale events would be held there or people can visit registered guests, two very different things.
Mr. Darrow: No way to control.
Ms. Marteney: No way to control whether or not I go to visit a friend who is there, we can’t control whether a 500 person wedding reception.
Mr. Westlake: Or even 50 people wedding.
Ms. Marteney: At the same time, it is their home and I am sure any of these neighbors would like to be able to have 400 for a graduation party on their lawn.
Mr. Tamburrino: Every 10 or 15 years, but not every weekend.
Ms. Marteney: Correct but Mr. Gregg may want to have a family reception there, who lives there and he does have a right to do that. So we can restrict that.
Mr. Selvek: Clarify for the board within the definition it specifically talks about events and allows the board to limit the maximum number of guests at the event, so the discussion as to how many guests the room can accommodate be actually determined by the Fire Department, but we are looking at events, that is where the consideration is.
Mr. Bartolotta: Number of people at the event?
Mr. Selvek: The number of people that could attend an event.
Mr. Darrow: Other than registered guests, he could have his 24 extra guests and then perhaps he could host an event at the same time where there would be 20 or 24 people to attend.
Mr. Selvek: Take the total number attendees including any guests that are staying there also.
Mr. Tamburrino: When you say event, indoors and out? Residents are concerned about noise.
Mr. Selvek: In anR-1 district there is specific regulations on noise that has to be respected regardless if it is a Bed & Breakfast or single family home.
Mr. Darrow: 24 is what we came up for registered guests, but we haven’t come up with an event number.
Mr. Westlake: I think we need to come up with a number between 30 and 50.
Mr. Bartolotta: 40.
Mr. Darrow: What do you think?
Ms. Marteney: I am comfortable with 50 people, and they are not necessarily jumping out the windows and carrying on. I don’t think 50 is an abnormal number for a gathering.
Mr. Tamburrino: It is a big property; the building itself is fairly well centered.
Mr. Darrow: I would like to make a motion that we grant R. David Gregg of 26 Fitch Avenue for property located at 130 South Street, a maximum occupancy rate for registered guess of 24 men, women and children.
Mr. Baroody: I’ll second.
VOTING IN FAVOR: Ms. Marteney
Mr. Baroody
Mr. Darrow
Mr. Tamburrino
Mr. Bartolotta
Mr. Westlake
Mr. Bartolotta: I think it would not be inappropriate to allow another comment if the Chairman would allow it.
Mr. Westlake: OK.
Mr. Valdina: My concern is we were talking about an owner occupied dwelling with accessory use of Bed & Breakfast and I just want to say what I am hearing being discussed here is a hotel and that is the feeling that we all have and the Historic Board in their notes if you have them with you says 10 parking spots period, is what they recommend, a maximum of 10 parking spaces.
Ms. Marteney: No that is not correct, it says Mr. Gregg stated that he generally utilizes 10 parking spaces.
Mr. Valdina: Mr. Gregg stated he only wanted 10 parking spaces.
Ms. Marteney: That is not what we have from the board.
Mr. Valdina: It was discussed in great deal at the Historic Resources Review Board meeting.
Ms. Marteney: It says he generally plans to utilize 10 spaces there are 20, sufficient for 20 or more vehicles.
Mr. Selvek: I would like to clarify for the Zoning Board, those are draft copies of the minutes, they have not been approved by the Historic Resources Review Board and will not be approved by the Historic Resources Review Board until the next meeting. I do not want to put Mr. Gregg on the spot, however, in my recollection of the board meeting in reviewing this, as mentioned to the board when mentioned to the Zoning Board when the Historic Resources Review Board was looking at this they were looking at it with a mind set of 10 spaces being used and the implication of that. That is not to say that there was an agreement at that time for maximum of 10 spaces. So the board in reviewing that and understanding and the Historic Board reviewing that and understanding where they were coming from they were
looking at 10 spaces. That is what is important for the Zoning Board to understand.
Mr. Darrow: Another thing we need to look at is what is allowed legally under us granting him a variance which is approval for a Bed & Breakfast by not allowing him to have small events were we narrowing a term that we already granted him a variance for.
Mr. Tamburrino: The variance can be specific.
Mr. Baroody: In good faith Mr. Gregg is going to have an upscale Bed & Breakfast and not animal house here, one of the things we can keep in mind is you are talking about a by the hour room.
Mr. Tamburrino: That is his intent; if it is a financial failure it can change later on
Mr. Baroody: No body has a crystal ball.
Mr. Darrow: That is a good point, no body has a crystal ball, brings up a perfect point that perhaps we should ere on the lesser side and if Mr. Gregg says I just can’t sell and event with 24 people, I would like to reapply would you please allow me another 12, let’s make it 36, that is his right because circumstances have changed and he can now reapply for a variance for a larger number, so I think if we ere do it on the lower side, that is my personal opinion.
Mr. Tamburrino: I think we should we don’t know what is going to happen in the future.
Mr. Darrow: It is a beautiful neighborhood it is part of our job to help protect it.
Dr. Stankus: May I speak?
Mr. Westlake: You had your opportunity to speak.
Dr. Stankus: I think Mr. Bartolotta requested someone to speak.
Mr. Westlake: Some body did speak. Your had your opportunity and it is time for us to make a decision. Both sides had time to speak now it is our time to make a decision.
Mr. Darrow: I yield to the floor for a number.
Mr. Westlake: I agree with Mr. Darrow we should go on the lesser side.
Mr. Bartolotta: Well the conservative approach would be that and as we talked about if they ran at 50% occupancy for most of the week then 24 would allow for guests in addition to
Mr. Darrow: You figure 24 and 24 now there is 48 people, does that work?
Mr. Bartolotta: Are you saying 48 as the maximum?
Mr. Westlake: 24 unregistered guests.
Mr. Darrow: Correct this is an event this is excluding registered guests.
Mr. Bartolotta: I see your point.
Mr. Selvek: The way it is listed actually it would be a total number of registered guests and event
Mr. Darrow: Ok, ok,
Mr. Selvek: It does allow the board to limit the number, should also be based on what is in the best interests of that property
Mr. Tamburrino: Good number to start I think is 24, you have 6 rooms, 2 people to a room that is 12 people, couple to visit that is 24 – 24 maximum.
Mr. Darrow: So just so I understand it then, we considering the wording of an event that will allow up to 24 additional unregistered guests or is it a total of 24 guests, registered and unregistered?
Mr. Tamburrino: I would say 24 registered and unregistered guests.
Mr. Baroody: Gives them an opportunity to apply later.
Mr. Darrow: I would like to make a motion that we grant R. David Gregg, 26 Fitch Avenue, for property located at 130 South Street known as a Bed & Breakfast a variance to host an event with a maximum number of 24 registered and unregistered guests attending any said event.
Ms. Marteney: Invited guests.
Mr. Darrow: 24 invited, registered or unregistered guests.
Mr. Tamburrino: I second the motion.
VOTING IN FAVOR: Ms. Marteney
Mr. Baroody
Mr. Darrow
Mr. Tamburrino
Mr. Bartolotta
Mr. Westlake
Mr. Westlake: That should end it right there.
Ms. Marteney: Any definition for transient?
Mr. Rossi: I know there are legal definitions and we shouldn’t try to redefine it here if there is made to feel that there is a grievance then they have to come to the Codes Department to register their objections. But transient it is a defined term and we shouldn’t get into that here.
Dr. Stankus: But defined in Bed & Breakfast – transients and guests.
Mr. Rossi: Correct, that is the form in which it would be interpreted.
Dr. Stankus: If we feel someone is staying there for 30 days, I assume that would be transient.
Mr. Rossi: I am not familiar but that very well could be a violation.
Dr. Stankus: Somebody would have to go to Codes with that complaint.
Mr. Rossi: Correct, register a complaint in Codes.
Mrs. Chaffee: Where do you make noise complaints.
Mr. Rossi: Police Department.
Dr. Stankus: Are we allowed to make a summary statement so we are aware of the facts?
Mr. Rossi: You can get minutes of tonight’s meeting.
Mr. Westlake: You can get the minutes of tonight’s meeting.
Mr. Rossi: Alicia in Planning Department, she will get the minutes to you.
ZONING BOARD OF APPEALS
MONDAY, JULY 28, 2008
127 Prospect Street. C3 zoning district. Applicant: Prospect Pointe Apt’s./Lord Simon, LLC. Area variance to place dumpsters in the front yard along Prospect Street.
Mr. Westlake: 127 Prospect Street.
Mr. Walotsky: Good evening, my name is Phil Walotsky, I am the owner of Murray Hill apartments and Prospect Pointe apartments. I am here this evening to request that I be allowed to move my dumpster which is currently located on the back side by the old McDonald’s facing Grant Avenue to a enclosed location on Prospect Street. The reason I would like to do that is most if you know I took over the property about 4 years, you may have seen the improvements that I have done to the property. I have resided, done landscaping, fixing the parking lot, my parking lot looked like a war zone from the rubbish trucks going down and digging up the road. For appearance I would be happy to put the enclosure, three sided enclosure that will be facing south towards the Auburn Credit Union,
closed on 3 sides so that Morgan Rubbish can come in and get the recyclables as ell the dumpster. That is what my request is.
Mr. Westlake: Thank you, any questions from the board?
Mr. Darrow: Your main concern for relocating your dumpster is to save on your new driveway?
Mr. Walotsky: No, if you drive to the back of the dumpster you see people just pile the trash up there.
Mr. Darrow: So my initial question would be, if you are concerned about aesthetics appeal, why wouldn’t you just put a 3 sided enclosure on where it is now?
Mr. Walotsky: Second part is the care of it, the truck going down that road, I have talked with people from Upstate Paving, there is no way of safely except maybe a highway for driveway and it has always been an eyesore, full of potholes, damaging my tenant’s vehicles so it is a multi purpose, I want to do it everything I have done, I have put in granite curbing in, I want my property to look nice, I want to improve my property, I like my property. I want it to look nice and that is part of it.
Mr. Tamburrino: The garbage trucks come in and destroy
Mr. Walotsky: Three times a week going in and someone said it is a 20 ton truck going in they drop it, they pick it up they drop it and you look at the driveway, I have paved it 4 times in the 3 ½ years that I have owned it. I will be honest, the salt and everything else, I would have to go with a 12” binding stone and another 6” of boulder stones and 2” top off and he couldn’t guarantee it then at the of that is $5,500.
Mr. Westlake: Why would you take it off a commercial side of the building and put it on the residential side?
Mr. Walotsky: Mrs. Gentile is down the street, across from me is basically all woods. I do her snow blowing for free her landscaping for free. There are three houses going down the street towards Brookside.
Mr. Westlake: Is there anyone here wishing to speak for or against? Hearing none, we will discuss amongst ourselves.
Mr. Baroody: Has done a great job in maintaining the property, I just don’t see why you want that dumpster in front of the building.
Mr. Darrow: He has done an incredible job, but I don’t think the dumpster should be roadside or that close to others and at that point I think clearly would be across from residence.
Mr. Walotsky: 160 feet from the nearest resident.
Mr. Tamburrino: I am trying to visualize the diagram the enclosure is “U” shaped
Ms. Marteney: Doesn’t really indicate where the opening is going to be.
Mr. Tamburrino: That is what I would like to know. If it didn’t face Prospect Street it wouldn’t be so bad.
Mr. Darrow: I think according to the drawing the opening would have to face Brookside Drive or the Credit Union because that is the only egress into that, but you would still have the noise on Prospect, the houses across the street. The gentleman said the closest resident is 160 feet away, my lot is R2, there is C across the street from me, three times a week about 4:30 in the morning I hear the dumpster that is all of 500 feet away.
Mr. Bartolotta: What time do they pick up?
Mr. Walotsky: Between 8:30 and 4:30. The opening would be toward my driveway.
Mr. Westlake: Any more questions of the board?
Mr. Baroody: This is going to be on Prospect Street.
Mr. Darrow: I would like to make a motion that we grant Prospect Pointe Apt.’s/Lord Simon, LLC a variance for 127 Prospect Street for the purpose of allowing a front yard dumpster receptacle that is to be enclosed on three sides and placed as submitted on plot plan.
Mr. Baroody: I’ll second.
VOTING AGAINST: Ms. Marteney
Mr. Baroody
Mr. Darrow
Mr. Tamburrino
Mr. Bartolotta – because of the noise factor
Mr. Westlake: I am going to abstain from this vote, because I live in that neighborhood.
ZONING BOARD OF APPEALS
MONDAY, JULY 28, 2008
116 Wall Street. R2 zoning district. Applicant: Bryan Baldwin. Area variance of 6’ of the required 10’ setback from the property line for an above ground pool.
_____________________________________________________________
Mr. Westlake: 116 Wall Street.
Mr. Baldwin: Bryan Baldwin, I want to put a pool in on my property, which I have owned for 15 years. When I looked at the house and bought it there was a pool there, when I bought it the pool was gone. It is much easier to put in a pool where there was one because it is level and ready to go. The old ordinance must have been was 5 and now it is 10.
Mr. Darrow: It was 10 then. They probably never got a permit for it.
Mr. Baldwin: Oh. It has been over 15 years, I know that.
Mr. Westlake: Is there anyone wishing to speak for or against? Seeing none we will discuss amongst ourselves.
Mr. Darrow: Driving by it is a narrower lot, not one of the narrowest but it seems like it is a good spot for it and he does have other obstructions that prevent him from moving it.
I would like to make a motion that we grant Bryan Baldwin of 116 Wall Street a variance for a 6 foot side yard variance for the purpose of installing a 27 foot above ground pool as submitted on attached plot plan.
Mr. Tamburrino: I second the motion.
VOTING IN FAVOR: Ms. Marteney
Mr. Baroody
Mr. Darrow
Mr. Tamburrino
Mr. Bartolotta
Mr. Westlake
Mr. Westlake: Your application has been approved. Enjoy your pool.
ZONING BOARD OF APPEALS
MONDAY, JULY 28, 2008
152 Osborne Street. R1 zoning district. Applicant: Anthony DeFazio. Area variance to install a 12’ x 16’ shed, 42 square feet over the allowed 150 square feet.
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Mr. Westlake: 152 Osborne Street. State your name and tell us what you would like to do.
Mr. DeFazio: Good evening, my name is Anthony DeFazio; I live at 152 Osborne Street. My purpose is I would like to put a shed a little larger than what the City allows me to put in. It is about 42 square feet larger. I need the extra space so I can clear my garage so I can put my pickup truck in the wintertime and move my car in and out easily along with my motorcycle.
Mr. Westlake: Thank you. Any questions from the board? Is there anyone wishing to speak for or against?
Mr. DeFazio: Also may I say that the shed is going to be about 1-½ feet from the garage. I have a 53-foot antenna, which I can’t move I am a ham radio operator also.
Mr. Darrow: Actually I think we are going to need two variances, second accessory structure and one for 42 square foot, correct me if I am wrong.
Mr. Hicks: Actually the garage is allowed 750 square feet you are allowed a garage and a shed and it is under 750, 418 for the garage and 192 for the shed.
Mr. Darrow: OK, so that is where the 42 comes in.
Mr. Westlake: Thank you.
Mr. Darrow: I would like to make a motion that we grant Anthony DeFazio of 152 Osborne Street an area variance of 42 square feet for the purpose of erecting a shed as submitted in attached plot plan.
Mr. Tamburrino: I second the motion.
VOTING IN FAVOR: Ms. Marteney
Mr. Baroody
Mr. Darrow
Mr. Tamburrino
Mr. Bartolotta
Mr. Westlake
Mr. Westlake: Your application has been approved. Enjoy your new shed.
Meeting adjourned at 9:00 p.m.
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