ZONING BOARD OF APPEALS
MONDAY, JUNE 29, 2009
Members Present: Mr. Baroody, Mr. Darrow, Ms. Calarco, Mr. Tamburrino, Mr. Bartolotta and Mr. Westlake
Members Absent: Ms. Marteney (called)
Staff Present: Mr. Fusco, Mr. Hicks and Mr. Selvek, Officer Weed (APD)
APPLICATIONS TABLED: 355 – 357 Clark Street and 63 – 65 Belmont Avenue
Mr. Westlake: Good evening, this is the Zoning Board of Appeals. Tonight we have one item on the Agenda: 355 – 357 Clark Street and 63 – 65 Belmont Avenue
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.
This is a seven-member board and there is one member not present, she called and said she would not be at the meeting.
Mr. Fusco: I want to explain to you as well as the board exactly what I have discussed in the last few minutes for the attorney for the developers. As you know because you attend the meetings we had come up short on membership on a couple of occasions in the last most recent months and when we have had less than a seven (7) person board it can put our applicants in a vicarious whereby even with a majority vote in favor of a project can result in declination of the project because where there may be a majority of us present, it may not be a majority of the full board and under Twin Trees decision that we discussed on occasion that creates a real risk for any developer not only this developer, but as we have seen other developers in recent months. The Chairman had posed the question to the developer, do you
want to go forward with less than a full board, tonight we have less than a full board even though we have six (6) as another member came in. Bu the question is still in the camp of the developer whether they want to go forward or not and I just simply wanted to advise the pros and cons of going forward and not going forward and let the application make the decision. Do any of the members have any questions of me?
No one has any questions.
Mr. Lane: Mr. Chairman, first of all I would like to thank you and the rest of the members of the board and staff for coming out, I believe we are the only item on the agenda tonight, you may have an early meeting than your normally would.
We think that this is such an important project to fill the housing needs of the City of Auburn and this community and it is an important project for our clients and we understand, I also thank everyone who has an interest in this project for coming out, but we are going to elect to table until next month when hopefully we will have a full board. I think it is important that the full Zoning Board be here to consider this project.
Mr. Westlake: Thank you very much.
Mr. Fusco: Now one of the things that we can do if we don’t want to make everyone feel bad for coming on out and us not having a vote tonight we can hear from staff regarding the various SEQRA issues although perhaps the applicant would what that covered at the next meeting as well because a lot of the public comments that we heard last time were from people who were saying I don’t know what this is all about, and it was really an opportunity for the public to be heard not the applicant to be heard, so we maybe ought to do it in one fell swoop. But I wanted to explain that option just so that everybody hasn’t wasted an evening, coming out here for nothing.
Mr. Lane: As a point of order just that will assist us in putting a presentation for next month’s meeting, will the board entertain any additional public comments?
Mr. Fusco: No, we had closed the public hearing.
Mr. Baroody: I make a motion that we tabled 355-357 Clark Street and 63 – 65 Belmont Avenue until the July meeting and do it all at once.
Ms. Calarco: I agree.
Mr. Westlake: I agree.
Mr. Darrow: That is so important that all the members hear everything.
Mr. Tamburrino: If you look at the attendance record of the board and then figure out the probability of a full board, because they could come back next month and be in the same situation, with six (6) people.
Mr. Westlake: There is only one (1) member missing tonight and as the Chairman, I will call her, the rest of you are here right now, is there any reason other than an emergency, that can’t be helped, that you can’t be here next month? Ok. What we can do for the applicant if we do have, heaven forbid, two of our members with an emergency, we should call the applicant ahead of time to let him know.
Mr. Fusco: That is not a bad idea. I don’t want to lobby any of you one way or the other but perhaps if Steve and I call you a day or two before next month’s meeting and get a good gauge whether you are coming. I am encouraged to tell you the truth that we have six (6) members here tonight, that is good, that has been a step up from where we have been the last two(2) months. So it is obvious that all of you are making a conscientious effort when it comes to attendance. The seventh (7) member who is not here ironically is one are regulars, her attendance is almost perfect, so things happen I understand that and that is a good observation. But this is a pivotal question, this will be the third (3) time that a development for this particular parcel has come before us, always
have been narrow close votes in the past, I think it is only fair to the people and to the applicant and ourselves, the staff and members of the board that we have a full compliment here to be able to give it due deliberation.
Mr. Baroody: Next meeting is July 27, 2009.
Mr. Selvek: The last Monday of the month.
Mr. Westlake: Ok, July 27, 2009.
Ms. Calarco: Do we have an emergency number that we can call? That is where I got in trouble one time, I just didn’t have a place to call.
Mr. Westlake: I will give you one after the meeting.
Mr. Baroody: I have a motion on the floor that we table this item until next month and do it all at that time.
Ms. Calarco: I second that.
VOTING IN FAVOR: Mr. Baroody, Mr. Darrow, Ms. Calarco, Mr. Tamburrino, Mr. Bartolotta, and Mr. Westlake.
Mr. Westlake: It has been tabled until next month and if any body can’t, make it, I will give you a number, please give me a call because it is unfair to the applicant and unfair to the public.
Thank you very much.
Man from audience: Can I ask a question, will the public be able to speak at the next meeting?
Mr. Fusco: The public hearing was closed.
Man from audience: We can’t talk no more?
Mr. Fusco: Right. I will speak to you right now.
Meeting adjourned at 7:30 p.m.
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