ZONING BOARD OF APPEALS
MONDAY, JANUARY 26, 2009
Members Present: Ms. Marteney, Mr. Baroody, Mr. Darrow , Ms. Calarco, Mr. Westlake
Member Absent: Mr. Bartolotta, Mr. Tamburrino (called)
Staff Present: Mr. Hicks, Mr. Selvek
Staff Absent: Mr. Fusco
APPLICATIONS APPROVED: 6 Gaylord Street, 38 - 40 York Street
Mr. Westlake: Good evening, this is the Zoning Board of Appeals. Tonight we have on the agenda: 6 Gaylord Street, 38 – 40 York Street
If there are no errors, omissions or additions to last month’s minutes of the meeting, the minutes will stand as written. All in favor.
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6 Gaylord Street, R1A zoning district. Area variance for a shed. Applicant: Greg Lattimore.
Mr. Westlake: 6 Gaylord Street, are you here? Please come to the podium, state name, pull the microphone to you, and tell us what you would like to do.
Mr. Lattimore: I am Greg Lattimore. I had an old shed on the property, it was highly damaged and I was told by Codes to take the old shed down so I took the old shed down and replaced with a new shed right in the same spot and I didn’t get a permit. I didn’t think I needed a permit, I put the new shed right in the same spot and then I was told that I needed a variance because the old shed was grandfathered in and it was too close to the fence line.
Mr. Westlake: Any questions from the board? Ok, if you would like to sit down we will discuss this item.
Mr. Lattimore: Ok, thank you.
Mr. Westlake: Is there anyone here wishing to speak for or against this item? Hearing none, back to the board.
Do I hear a motion?
Mr. Baroody: I would like to make a motion that we grant Greg Lattimore for property at 6 Gaylord Street two area variance for the placement of a 8’ x 10’ shed one 2’ from the rear property line and 5’ of the required 10’ from the principal structure as submitted.
Mr. Darrow: I will second the motion.
VOTING IN FAVOR: Ms. Marteney, Mr. Baroody, Mr. Darrow, Ms. Calarco, Mr. Westlake
Mr. Westlake: Application has been approved.
Mr. Lattimore: Thank you very much.
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38 – 40 York Street. I zoning district. Area variance for a subdivision: applicant: Dion Mulvaney.
Mr. Westlake: I would like to state that we are a 7 member; there are only 5 of us here tonight. It takes 4 affirmative votes to pass. So if any 2 members vote tonight no then the issue can only be brought back with a substantial change. At this time you can decide to go ahead or to table until next month that is up to you.
Mr. Mulvaney: We will go ahead with it.
Mr. Westlake: Ok. Come to the podium, speak up, tell us your name and what you would like to do.
Mr. Mulvaney: Good evening my name is Dion Mulvaney, I am the owner of 40 York Street, what has been referred to as the old Harry’s Tire building. What I would like to do is there is a small out building that came with the property when I purchased the building, I would like to subdivide that lot to a buyer that wants to purchase it and bring a business into Auburn. I do have some pictures here (passes out to board members) that you can reference.
Mr. Darrow: Sir, just for understanding is this the storage building, is this right here (points to map)?
Mr. Mulvaney: That is correct. Just a little background, I own a company called Mulcorr Container here in town and also own the old Harry’s Tire building and the International Harvester building and what we do is warehouse and distribute products for different customers. When I bought the Harry’s Tire building my primary reason for buying it, was that I had a customer that we were going to warehouse and distribute products out of there. When I bought the property this storage building was part of this. At that time there was a small trucking company that was in there as a tenant and they have since gone bankrupt. That building really has no use to my present business as it stands right now.
Mr. Westlake: A little side note here, it says see building agreement, looks to me like your building is not all on your property.
Mr. Mulvaney: We do have a, I faxed over the other day; we have an encroachment agreement with the adjacent landowner there.
Mr. Selvek: If I may I have that agreement that was faxed over to our office. It was referenced to the subdivision application but also applies to this particular application. If the board would like to review that, I have a copy of that agreement here. It is an agreement that was filed with the Cayuga County Clerk’s office and it was filed on April 13, 2007.
Mr. Westlake: Ok. Any questions from the board?
Mr. Darrow: Pretty straightforward.
Mr. Westlake: Any idea what the building is going to be used for? Or am I not allowed to ask that?
Mr. Mulvaney: I do have a contract for purchase, the purchasers are here, the Tuckers, if you would like to hear what he plans on putting in there, I am sure he would be more than happy to tell you.
Mr. Westlake: It is really not the Zoning board’s problem, just an idea.
Mr. Darrow: He can only do what is allowed in C-1 any way.
Mr. Westlake: There are a lot of things allowed in C-1.
Mr. Darrow: Right. They can do anything that is allowed in C-1.
Mr. Selvek: Just for clarification, it is the “I” Industrial Zoning district.
Mr. Darrow: Oh, it is!
Mr. Selvek: Yes.
Mr. Darrow: I-1?
Mr. Selvek: Just “I”.
Mr. Darrow: Just “I”.
Mr. Selvek: Zoned Industrial.
Mr. Darrow: Ok.
Mr. Westlake: Is there anyone here wishing to speak for or against this application?
Mr. Tucker: Yes.
Mr. Westlake: Come to the mike, please state your name clearly so we can get it on the record here.
Mr. Tucker: My name is Tim Tucker. We would like to be the purchaser of the building and the associated property. We have spent considerable time to try to purchase this property and it suits our needs perfectly. It will be a small manufacturing company in there. Would love to be able to move our business in there, we have been in business for 9 years in Rochester and would like to move to Auburn and continue it.
Mr. Westlake: Ok. Is there anyone else wishing to speak for or against this application? Please state your name clearly.
Mr. Hickey: My name is Paul Hickey; I am the owner of Auburn Vacuum Forming at York Industrial Plaza. We are located in the back half of this parcel and access to our property, which actually passes through Dion’s property adjacent to the proposed Tucker property. I have been a building and property owner in Auburn for over 30 years. Looking forward to having an opportunity to work with another local business on York Street. I am in favor.
Mr. Westlake: Ok, thank you very much. Is there anyone else wishing to speak for or against this application? Hearing none, we will come back to the board and discuss it amongst ourselves.
Mr. Darrow: The important issues have been touched upon and are covered with the survey.
Mr. Selvek: Prior to a motion, there is a SEQR form that we need to do because this is a part of larger project.
Mr. Darrow: We did that last month.
Mr. Selvek: Last month we did the lead agency declaration, which gives the board the ability to make a determination of SEQR tonight. If it all right, I will go through the SEQR form.
Mr. Westlake: Yes.
Mr. Selvek: With regards to Part II which is the back of the short form EAF I have drafted answers specific to any potential environment impact.
Under C-1 – Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattern, sold waste production or disposal, potential for erosion, drainage or flooding problems?
The proposed minor subdivision does not include any physical changes to the site. No environmental impacts are anticipated.
C-2 – Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character?
Same reasoning applies to C-1.
C-3 – Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species?
The site is a developed site in an urban setting. It is unlikely that significant habitats or species exist in that location.
C-4 – A community’s existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources?
The proposed use, light manufacturing, is permitted. This is the “I” General Industrial zone.
No impacts to existing plans or goals are anticipated.
C-5 – Growth, subsequent development, or related activities likely to be induced by the proposed action?
Granting the area variance will permit the subdivision and likely sale of the parcel. Future alterations to the site or expansion of the existing building will require additional site plan approval by the City of Auburn Planning Board.
C-6 - Long term, short term, cumulative, or other effects not identified in C1-C5?
None
C-7 – Other impacts (including changes in use of either quantity or type of energy)?
None
Staff recommendation is for a Negative Declaration under SEQR. Any questions, I will be happy to answer them.
Mr. Baroody: I make a motion that we accept a Negative Declaration under SEQR.
Ms. Calarco: I’ll second that.
VOTING IN FAVOR: Ms. Marteney, Mr. Baroody, Mr. Darrow, Ms. Calarco, Mr. Westlake
Mr. Darrow: I would like to make a motion that we grant Dion Mulvaney of 2 Willey Street an area variance of 20,863 square feet of the required 40,000 square foot lot minimum and an area of 50 linear feet of the required 150 linear feet of lot minimum for purpose of a subdivision of an existing building t 40 York Street contingent upon Planning Board site plan approval.
Mr. Baroody: I’ll second that.
VOTING IN FAVOR: Ms. Marteney, Mr. Baroody, Mr. Darrow, Ms. Calarco, Mr. Westlake
Mr. Westlake: Application has been approved.
Mr. Mulvaney: Thank you.
Mr. Tucker: Thank you.
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