ZONING BOARD OF APPEALS
MONDAY, JUNE 28, 2010
Members Present: Ms. Marteney, Mr. Baroody, Mr. Darrow, Ms. Calarco and Mr. Tamburrino
Members Absent: Mr. Westlake and Mr. Bartolotta
Staff Present: Mr. Fusco, Mr. Selvek, Ms. Jensen and Mr. Hicks
APPLICATIONS APPROVED: 7 Sumner Street, 96 Washington Street, 14 Wright Avenue, 85 Nelson Street, 136 N. Fulton Street
APPLICATION DENIED: 202 Franklin Street
APPLICATION TABLED: 55 Grant Avenue
Mr. Darrow: Good evening, ladies and gentlemen, this is the Zoning Board of Appeals. Tonight we have the following items: 7 Sumner Street, 96 Washington Street, 14 Wright Avenue, 85 Nelson Street, 202 Franklin Street, 136 N. Fulton Street, 55 Grant Avenue
I would also like to inform our applicants now that it is a 7 member board we have 4 members present. That means every member has to vote yes in the affirmative. One no vote it will be turned down unless there is a substantial change in the application you cannot back before the board. At this time anybody that would like to table to our meeting which will be the last Monday in July please speak now. Not seeing any I am assuming all want to go forward with the 4-member board, may the record please show that.
Mr. Juhl: Excuse me, 55 Grant Avenue, we would like to table that and have a better opportunity with a larger group.
Mr. Darrow: Please let the record show that 55 Grant Avenue has chosen to table until our next meeting.
Mr. Fusco: For the record, what is your name?
Mr. Juhl: My name is William Juhl on behalf of John Juhl. Can you tell me the date that this will be tabled to?
Mr. Darrow: Last Monday in July is July 26th. Sorry for the inconvenience.
Mr. Juhl: No problem, thank you very much.
Mr. Darrow: You would like to table as well?
Mr. Archambo: I am here for 55 Grant Avenue.
Mr. Fusco: If you are inconvenienced about coming back and you would like to say something on the record to be made part of the record you can do that tonight or get the opportunity to say whatever it is you wish to say on July 26th. If you do wish to say something we won’t take it out of order however you will have to sit here and wait until #8 on the agenda comes up.
Mr. Darrow: One downside of stating it now you then are hoping that the absent members read the minutes from this meeting so they are caught up. That way at the presentation in full at the next meeting all members are getting it.
Mr. Archambo: We will wait until it comes up.
Mr. Darrow: 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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7 Sumner Street. R1 zoning district. 3 area variances for the erection of a new front porch and new rear sunroom/enclosed porch. Applicants. Bill and Barbara Graney.
Mr. Darrow: 7 Sumner Street.
Mr. Graney: Bill Graney, 7 Sumner Street.
Mr. Darrow: Please tell the board what you would like to do.
Mr. Graney: I want to put an addition on my front porch. The existing porch is 6 foot wide x 18 foot long, I would like to extend it 2 foot on each side for a total of 4 foot and another 2 foot in the front for a total of 8 foot and in the back there is an existing porch that is 8 x 24, I would like to add 16 foot to the existing to make it a 24 x 24.
Mr. Darrow: Any questions from board members?
Mr. Tamburrino: I notice you are going to put an addition on your back your garage is right next to your house.
Mr. Graney: I would like to incorporate the garage into the addition.
Mr. Tamburrino: So it is going to be one structure?
Mr. Graney: Yes. As you can see the garage is pretty small use it for lawn furniture.
Mr. Darrow: Any other questions by board members? You may sit down Mr. Graney. Is there anybody in attendance wishing to speak for or against this applicant? Seeing none we will close the public portion and discuss it amongst ourselves.
Mr. Baroody: Do we have to make three (3) motions or one (1) motion?
Mr. Fusco: You can make it all in one (1) motion.
Mr. Baroody: Ok.
I would like to make a motion that we grant Bill and Barbara Graney, 7 Sumner Street, a 1 foot area variance of the required 10 feet for the front yard set back; a 10 foot area variance for the separation of the enclosed porch from the existing garage; and a 3’ 3” east side property line set back variance of the required 17 feet.
Mr. Tamburrino: I second that motion.
Mr. Darrow: We have a motion and a second.
VOTING IN FAVOR: Ms. Marteney, Mr. Baroody, Ms. Calarco, Mr. Tamburrino, Mr. Darrow
Mr. Darrow: Your application has been approved. Please see Code Enforcement to proceed.
Mr. Graney: Thank you.
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96 Washington Street. R2 zoning district. Use variance for the creation of a parking lot on a vacant parcel. Applicant: Paul Sedor.
Mr. Darrow: 96 Washington Street. If you could give your name and a brief description of what you would like to do please.
Mr. Sedor: Paul Sedor. I have a vacant lot one door away from a building that I have owned for a good number of years and I also own the house next door to it so there is a total of eight (8) units. A few years back the lot became available through the City of Auburn and knowing the problems with parking on street parking and traffic on Washington Street and tenants getting tickets to make it safer down there I said I will buy that lot from the City and let them park off the street. The lot was used for off street parking by others prior to this. The house on the lot burned down many years ago and the vacant lot was not kept up and they parked there anyway. In trying to help with the aesthetics of the community as far as that area is concerned and help relieve some dangerous situations have the tenants park in the lot. Bought the lot in
front of City Council and Mayor and told them that my reason for wanting to buy the lot. There was no problem then it has been there for a good number of years. That is my request here tonight for the sake of the tenants and sake of the community.
Mr. Darrow: Thank you. Any questions from the board members?
Mr. Tamburrino: I drove by it; it is a tiny lot, very small lot.
Mr. Sedor: Yes it is I don’t think anybody would want to build on it.
Mr. Tamburrino: I saw it you have cars parked on a gravel driveway. What are you planning exactly when you put the parking spaces in are you going to put in some shrubs.
Mr. Sedor: Shrubs to make it look decent block the view of the parked cars just make it better looking that it is now.
Mr. Tamburrino: Thank you.
Mr. Sedor: You are welcome.
Mr. Darrow: Any other questions from board members? You may sit down sir. Thank you. Is there anyone present wishing to speak for or against this project? Sir, please come forward give you name and address for the record.
Mr. Ickerd: David Ickerd, 91 Washington Street. I am totally in agreement with him doing this. The only concern that I would have is drainage. Not dump water out of it onto a neighbor’s property or out into the street. Other than that I think it will be great.
Mr. Darrow: Thank you.
Mr. Sedor: I thought about that the problem with me is have had problem with drainage in other areas and rather than use blacktop we would do the area where the cars are parked in a crusher run to let the water soak in rather than run into the street and into a neighbor’s property. That I have addressed at this point in time.
Mr. Darrow: Ok. Thank you. Is there anyone wishing to speak for or against this application? Seeing none we will close the public portion and discuss this amongst ourselves.
One thing we need to take into consideration with this lot it is just over 30 feet wide. Couldn’t even put a house on it, doesn’t have any other real use even a small home would require coming back before us.
Ms. Calarco: I spoke to somebody else in the neighborhood and they much appreciate his providing parking off the street it is not only hazardous but often you can’t see the cars when you are turning off Van Anden Street. I think the neighborhood is in agreement.
Ms. Marteney: It is a good solution.
Mr. Tamburrino: They are parking on it now anyway; he will make it nice with shrubs.
Mr. Darrow: Particularly in the winter it is horrible trying to get down through there even when they are properly parked on one side as the snow narrows the road. We need a SEQRA review.
Ms. Jensen: I would like to draw your attention to Part II, Section C. Could this action result in any adverse effects associated with:
C1: Existing air quality, surface or ground water quantity, noise levels, existing traffic patterns. Presently the site is a vacant lot with little to no vegetation and is located in a residential neighborhood. The proposed parking lot would likely increase storm water runoff from the site.
C2: Could this action result in any adverse effects for aesthetic, agricultural, archaeological character. The proposed is not permitted in the R2 and may affect neighborhood character.
C3: Would it affect vegetation or fauna, fish, shellfish or wildlife. Currently this site is a vacant lot in a residential neighborhood with little or no vegetation. It is unlikely that significant habitats or species exist in this location.
C4: Would this affect the community’s existing plans or goals. The comprehensive plans supports beautifying vacant lots with community or urban gardens. However, the proposed site plan does include planting shrubs along the front of the property line, next to the driveway approach.
C5: With this adversely affect growth, subsequent development or related activities. Granting the use variance would allow and encourage a non-conforming use n a R-2 zone.
C6: Could this action result in adverse activities associated with long term, short term or cumulative or other effects. None.
C7: Other impacts. Would like to note site layout there is a possible future storage building, which is not, permitted primary use and may further affect neighborhood character.
Staff recommendation for this is a Negation Declaration.
Mr. Darrow: Is there any discussion amongst any of the points for the short form SEQRA?
Mr. Baroody: Where did you see a storage building?
Mr. Darrow: It is on the drawing the last page it shows the parking pattern and
Mr. Baroody: This is in the future. Ok.
Ms. Jensen: Would have to come back to us to get another variance sometime in the future.
Mr. Darrow: Any other discussion? Motion?
Mr. Baroody: I would like to make a motion that we grant Paul Sedor, 7121 Owasco Road a Negative Declaration for SEQRA.
Ms. Calarco: I’ll second that.
Mr. Darrow: Let the record show that we have a motion and a second for the Negative Declaration.
VOTING IN FAVOR: Ms. Marteney, Mr. Baroody, Ms. Calarco, Mr. Tamburrino, Mr. Darrow
Mr. Darrow: The SEQRA review has passed now on to the use variance.
Mr. Baroody: I would like to make motion that we grant Paul Sedor of 7121 Owasco Road for property at 96 Washington Street a use variance to use the vacant lot as a parking lot as submitted in the plans.
Mr. Tamburrino: I second the motion.
Mr. Darrow: Let the record show we have a second on the motion.
VOTING IN FAVOR: Ms. Marteney, Mr. Baroody, Ms. Calarco, Mr. Tamburrino, Mr. Darrow
Mr. Darrow: Your application has been approved please proceed and check in with Code Enforcement.
Mr. Sedor: Thank you very much.
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14 Wright Avenue. R2 zoning district. Area variance for a 12’ x 2’ shed. Applicant. Marie Didio.
Mr. Darrow: 14 Wright Avenue. Please give your name and a description of what you would like to do.
Mr. Bromley: My name is Jessie Bromley and would like to erect a 12 x 24 foot shed at 14 Wright Avenue. I am the superintendent of the property; my mother-in-law owns it, Marie Didio.
Mr. Fusco: Marie is your mother-in-law?
Mr. Bromley: Yes.
Mr. Darrow: So we are looking at an area variance of 138 feet over the allowable 150 feet. I don’t see anything is that correct?
Mr. Bromley: Yes.
Mr. Darrow: Any questions from the board members?
Mr. Baroody: Pretty clear he needs a bigger shed than what is allowed.
Mr. Darrow: You may sit down sir.
Mr. Bromley: Thank you.
Mr. Darrow: Is there anyone present wishing to speak for or against this application? Seeing none we will close the public portion and discuss it amongst ourselves.
Mr. Tamburrino: Isn’t this the case where the shed is just too small, 150 feet is small.
Mr. Darrow: I guess, I look the overall size of the property and is the shed going to over take the property or is it going to look like it fits on the property, you know where it goes from there.
Mr. Tamburrino: Yes right.
Ms. Marteney: It is going to be 150 feet to the back end of the property not encroaching on anybody.
Mr. Darrow: Being that is the only variance that is needed is the over 150 area variance it is not like he needs a side yard or rear yard variance, he is able to hit those other measurements.
Mr. Tamburrino: Neighbors don’t have any objections either. I would like to make a motion that we grant Mike and Marie Didio of 6 Clymer Street to allow for the construction of a 12 x 24 shed and seeking an area variance of 138 square feet over the allowable 150 square feet.
Ms. Calarco: I’ll second that motion.
Mr. Darrow: Let the record show we have a motion and a second.
VOTING IN FAVOR: Ms. Marteney, Mr. Baroody, Ms. Calarco, Mr. Tamburrino, Mr. Darrow
Mr. Darrow: Your application has been approved please see Code Enforcement before you go any further.
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85 Nelson Street. C5 zoning district. Area variance for new front steps and landing. Applicant: James Buck.
Mr. Darrow: 85 Nelson Street. Please give your name and address for the record and what you would like to do.
Mr. Buck: Good evening, James Buck, 85 Nelson Street. I am looking to replace the existing steps which are concrete with metal railings, the entrance of the driveway came along the side of the front house and I would make the railing out towards the sidewalk which I would say 99.5% of the homes in the area are configured that way. It would be a safer entrance and certainly going to look much nice to help beautify the neighborhood. We plan on using composite decking pressure treated lumber, vinyl covering. The proposed structure would not come any closer to either neighbor’s property line. It is actually quite a bit smaller in width than the existing closed porch that the other steps were attached to.
Mr. Darrow: Any questions from the board members.
Mr. Baroody: You are bringing it out 4 ½ feet further from what it is?
Mr. Buck: Nowhere the proposed structure is there was a structure already there.
Mr. Baroody: That is the porch that is there now?
Mr. Buck: Yes there already was an addition concrete step and a metal railing that came from the driveway north to south and I want to go east to west so it is like the rest of the neighborhood configuration.
Mr. Darrow: Any other questions from board members? I have one question for Code Enforcement. Do the stairs themselves their encroachment count towards the variance or is it just what the front porch itself?
Mr. Hicks: Once you grant the variance for the front porch then he is allowed to encroach three (3) feet more for street access.
Mr. Darrow: Ok, thank you. Any other questions by board members? You may be seated sir.
Mr. Buck: Thank you.
Mr. Darrow: Is there any body present wishing to speak for or against this application? Seeing none we will close the public portion and discuss amongst ourselves.
Mr. Baroody: Pretty cut and dried.
Mr. Darrow: Assuming you saw the plot plan that it will leave the front of the landing or deck 10 foot 6 inches away from the sidewalk. Ok.
Mr. Baroody: I would like to make a motion that we grant James Buck of 85 Nelson Street a 9 foot 4 inch area variance of the required 15 foot front yard to expand his porch as submitted.
Mr. Darrow: We have a motion, do we have a second?
Mr. Tamburrino: I’ll second that motion.
Mr. Darrow: We have a second.
VOTING IN FAVOR: Ms. Marteney, Mr. Baroody, Ms. Calarco, Mr. Tamburrino, Mr. Darrow
Mr. Darrow: Your application has been approved please see Code Enforcement before you go any further.
Mr. Buck: Thank you very much to all of you.
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136 N. Fulton Street. R1 zoning district. Area variance for new 21-foot diameter above ground pool. Applicant: John Gadsby.
Mr. Darrow: 136 N. Fulton Street.
Mr. Gadsby: My name is John Gadsby and what I am requesting is I want to put in a pool within five (5) feet of the south property line and with my request I have a letter from the owner there and I also got a letter from the owner on the north side of my property if you want to see them. (Passes to board).
Mr. Darrow: Any questions from the board members?
Mr. Tamburrino: Wondering where the equipment is going to be located the pump and filter and all that stuff.
Mr. Gadsby: Not on the fence side, I am going to try and locate it on the side of the house to the north of it.
Mr. Tamburrino: Here (pointing to sketch)?
Mr. Gadsby: Yes, in that area.
Mr. Tamburrino: Ok. Thank you.
Mr. Darrow: Sir is there a specific reason why the pool has to be right there because we have to look at whether a variance is truly needed or not simply by shifting your pool five (5) feet you would still meet all the zoning requirements and not need a variance.
Mr. Gadsby: We as you can see my lot is only 45 feet wide and here not next year but the following year my plan is to put a I will come back again I want to put a garage and it would be right next to it right now it is only about 19 feet.
Mr. Darrow: That is exactly what I was looking for to see if you had a reason. Thank you. Any other questions? You may have a seat sir.
Mr. Gadsby: Thank you.
Mr. Darrow: Any body present wishing to speak for or against this applicant? Seeing none, I will close the public portion and we will discuss this amongst ourselves. Comments? Simple. Cut and dried all set for a purpose.
Mr. Tamburrino: Future purpose.
Mr. Darrow: Yes. Any body like to make a motion?
Mr. Tamburrino: I would like to make a motion that we grant an area variance to John Gadsby of 136 N. Fulton Street for a five (5) foot area variance of the required ten (10) foot for the side yard setback.
Mr. Baroody: I second that motion.
Mr. Darrow: We have a motion and second may the record show.
VOTING IN FAVOR: Ms. Marteney, Mr. Baroody, Ms. Calarco, Mr. Tamburrino, Mr. Darrow
Mr. Darrow: Your application has been approved please see Code Enforcement.
Mr. Gadsby: Can I apply for the permit tomorrow?
Mr. Darrow: For the pool yes.
Mr. Gadsby: Thank you.
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202 Franklin Street. R1 zoning district. Area variance for front yard parking. Applicant: Cayuga Home for Children.
Mr. Darrow: 202 Franklin Street. Please state your name and address for the record and tell us what you would like to do.
Mr. Harris: My name is Peter Harris and I am representing Cayuga Home for Children and the property is 202 Franklin Street. At the present driveway right now we want to increase it by three (3) feet turn around width and also fill in the cap between the sidewalk in the front of the sidewalk. Basically we want to get everything off the road. If we park on the road especially during school hours it is a nightmare. We are unloading a van there we have ten (10) kids that live there. For safety reasons we want to get all our vehicles off the road. We talked to the neighbors the one selling their house didn’t want to comment and the other house the husband said no problem. We just want to get the cars off the road so that is not parking in the road, which during rush hour is a nightmare.
Mr. Darrow: Sir I would like to take one moment before we go further just to remind you that it is a seven (7) member board, it takes four (4) yes votes, if two (2) should vote no it will be turned down unless there is a substantial change in your application we would not be able to rehear it. Do you wish to continue and go forward?
Mr. Harris: Yes.
Mr. Darrow: Thank you. Any questions from the board members?
Mr. Tamburrino: I drove by the property the other day you have one (1) strip here thee (3) x sixty-six (66). Then you have a little tiny strip here that is thirty-five (35) by seven (7).
Mr. Harris: That is to fill in the cap; it is a grassy area right now.
Mr. Tamburrino: Why do you need that thirty-five (35) by seven (7)? Why do you need to fill it in?
Mr. Harris: We figured for plowing snow and snow removal it is much easier it is lower and every time you come through there they end up in there and are breaking up the sidewalk from the weight of the van on the edges.
Mr. Tamburrino: You would be driving you would pave the whole thing you would be driving over the sidewalk to have access.
Mr. Harris: No there is a grass section in between the sidewalk and the road.
Mr. Baroody: Very small section.
Mr. Tamburrino: That is not the thirty-five (35) by seven (7) small grassy section?
Mr. Harris: No.
Mr. Baroody: Have you spoken with the college or the school about using their lot at all for employees? Had a similar situation in Henrietta school the school let them part there you can unload and load the kids there they have the whole front blacked topped just my opinion. Not the neighborhood for it.
Mr. Harris: We have been there going on twenty (20) years now we employ about twenty-five (25) people at that area which we bought it won’t close down for a year so we have re-hired twenty-five (25) people
Mr. Baroody: Have you spoken with the college or the school
Mr. Harris: We asked them to park on occasions and special events but as far as the liability goes if a car was damaged plus crossing the road which is a very busy road.
Mr. Baroody: I am two (2) blocks away from you; I live on the corner of Franklin and Perry. My wife and I walk there every night.
Mr. Darrow: Any other questions from board members?
Ms. Calarco: I have the same question why is it necessary to take that front grass section out other than it is easier to plow that is nice but you are changing the aesthetics of the whole neighborhood.
Ms. Marteney: It seems it is a little residential for that.
Mr. Tamburrino: When I saw this I thought you would degrade the neighborhood because now you are not going to have grass there any more, mostly a parking lot.
Ms. Calarco: And if you pull up picture on the County website is concerned it doesn’t even show that turn off.
Mr. Tamburrino: I am still confused the thirty-five (35) by seven (7) you say it is grass now.
Mr. Baroody: The whole front would be asphalt.
Mr. Tamburrino: I can see part of it but not the whole.
Mr. Fusco: Sir what is the back yard area is the addition on there actually on there?
Mr. Harris: Yes it is.
Mr. Fusco: What is this area next to the addition used for?
Mr. Harris: There is a basketball court there now but the incline is so steep you would not be able to park behind the building.
Mr. Darrow: Any other questions from board members? Sir you may be seated by we may recall you.
Mr. Harris: Ok.
Mr. Darrow: Is there any one here wishing to speak for or against this application? Please give your name and address for the record.
Ms. Rosekrans: Elizabeth Emmit Rosekrans, 204 Franklin Street. He did speak with my husband and then I spoke to my husband. I have lived there for sixteen (16) years I agree the turn around I don’t know where that came from
Ms. Marteney: Which house are you?
Ms. Rosekrans: When you are looking at the home we are to the left.
Ms. Marteney: Ok.
Ms. Rosekrans: Number one aesthetics that is my first concern. Number two – two (2) of my five (5) bedrooms my son’s bedroom’s windows open on that side I don’t know if they have a shift change or personnel change around 10:00 – 11:00 o’clock every night because there is a boat load of activity in that parking area. This weekend at times I counted ten (10) vehicles crammed in there and some parked on the sidewalk again for aesthetics and safety. My personal happiness there and snow Mr. Hicks can confirm he has been at our house we put a large addition on the back we spent a considerable amount of money for drainage in our back yard. Currently when they plow their snow they plow to the left of their existing residence, which my back yard has a much steeper incline than the home does and it runs off. Again
we spent all kinds of money we have good drainage in there now. If there is more black top there is going to be more snow more drainage and I am not spending any more money. I just don’t think it fits the neighborhood again I have been there for sixteen (16) years we have dealt well but this one and I think I really got frustrated with the addition of the loop I didn’t know that loop was coming and all of a sudden one day there was more parking out there. So again I have to oppose it, I have small children that go to school and children going to the other school for safety standpoint and there are a lot of walkers that go by all times day and night.
Mr. Darrow: Thank you for your input. Is there any one else wishing to be heard for or against this application?
Mr. Fusco: I have a question for the young lady, one of the reasons on the application for asking us to grant this is because there is some neighborhood controversy over cars parking on the street. Can you provide any insight on that?
Ms. Rosekrans: Not that I am aware of I don’t have that issue my husband and I and out teenage son has a car we have plenty of parking. I am not aware of there being a controversy but I would have to agree with them at school time parked on Franklin Street you have the traffic from the college and the middle school, I leave my house around 7:15 a.m. but with kids walking that could be dangerous, I would think that would be very dangerous but am not aware of a significant actual controversy.
Mr. Baroody: Twice a day going to school and getting out of school you have traffic other than that unless there is a football game or something.
Ms. Rosekrans: I don’t want to say not in my back yard but if they are going to park and park in front of my house that is fine but one issue I had one time they have a tendency not to park at the curb but to park on the grass so we spent the better part of the spring repairing the grass between the sidewalk and Franklin Street from the snow and the tires and the mud. I haven’t complained but we have put a lot of money into our house and after a way you get frustrated with it.
Mr. Darrow: Any other questions? Thank you. Any one else wishing to speak for or against? Sir do you have any thing else to add before I close the public portion?
Mr. Harris: No.
Ms. Calarco: I have one more question, it is not just the looping it is also another little jog.
Mr. Baroody: It will be all black top.
Ms. Calarco: Yes. We are talking the loop gets extended you get rid of the grass between the sidewalk and the street and then there is the straight parking section right here so there is even more. We are approving something that they are not supposed to be doing.
Mr. Darrow: I am closing the public portion and we will discuss this amongst ourselves. All motions have to be in the affirmative.
Mr. Baroody: I would like to make a motion that we grant Cayuga Home for Children at the location of 202 Franklin Street an area variance for front yard parking; an area variance of 74 feet in width of the allowed 20 foot maximum width; an area variance of 4 foot for buffer requirements for the east property line and an area variance of 10 foot for buffer required along the front sidewalk per submitted plan.
Mr. Darrow: We have a motion do we have a second?
Mr. Tamburrino: I will second the motion.
Mr. Darrow: We have a second and a motion may the record show.
VOTING AGAINST: Ms. Marteney – believes it changes the nature of the neighborhood, Mr. Baroody, Ms. Calarco, Mr. Tamburrino, Mr. Darrow – too much of a change in the character of the neighborhood
Mr. Darrow: Sorry your application has been turned down.
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55 Grant Avenue. R2 zoning district. Area variance to increase number of units. Applicant: John Juhl.
Mr. Darrow: Sir could you please approach. Just so you understand that you speak this evening we don’t grant you another chance to speak at the next meeting. Please proceed, give your name for the record and your address. This is in reference to 55 Grant Avenue they are looking for an area variance to increase the number of units.
Mr. Archambo: My name is Howard Archambo I represent Calvin Neilon the owner of the property a 51 Grant Avenue next door. Several times this house has been put up for sale. It has been an abandoned home for a long time. Family Video purchased it at one time. Jeff Howard had purchased it recently. Several times since this house has changed hands they have come into our back yard and remove our vehicle or building off the back yard that they thought was part of this property. That property is about a quarter acre I have some detailed pictures.
Mr. Fusco: If you could where about is 55 Grant Avenue.
Mr. Archambo: It is kitty-corner across from The Home on the arterial.
Mr. Tamburrino: Is it 53?
Mr. Archambo: It is 55 sir.
Mr. Tamburrino: I drove by looked for 55 couldn’t find it, I did see 53.
Mr. Archambo: They changed the numbers through the 911 program
Mr. Tamburrino: That is what I thought.
Mr. Archambo: Ours was 49 and it went to 51. I have been there going on 15 years now
Mr. Tamburrino: So 55 was 53 at one time?
Mr. Archambo: Correct. It is a very poorly kept building as you can see from some of the pictures I have here. I would like to go through one picture at a time
Mr. Fusco: Do you have copies for everyone?
Mr. Darrow: They will have to become part of the record.
Mr. Archambo: I will be more than happy to leave these pictures sir. The first picture I want to submit is the very narrow driveway that goes down along side of the property. I have talked with the owner next door both he and I took 2 ½ hours to take these pictures. He actually ended up putting a small fence up and concrete to stop the tenants of the building from parking on our lawn because there really is no parking for the building whatsoever. So the first picture I want to submit is the actual driveway entrance into the property.
The second picture I submitted is the actual front lawn of the property and it shows our house and kind of shows you were people have been parking on the property blocking our driveway so we can’t even see to pull out onto Grant Avenue. All the traffic that is coming from saw towards Burger King going back west coming up the hill cars approaching 45 – 50 miles an hour over that hill on a regular basis. Our biggest problem with this house being there is no parking for this dwelling they park on the front lawn so we literally cannot see to pull out of our driveway and having two teenagers that are now driving it has been quite a scare for us. The second picture that shows the front of the property where they are actually parking that is blocking our view to come out of the property.
It seems like every person that has purchased this house seems to think that the land that goes behind the house is there property, which it is not. We had this surveyed to verify that all that property was ours. Our land goes down both sides of the house and turns into a big “L” and we own the whole center of that lot that block. Every time some body purchases that house they seem to think that lot goes with that house and it seems like I was looking at a diagram here that they believe that lot also goes with that house and it doesn’t. So that is where they are thinking they have a lot of room to park.
This is a picture of the actual parking area in the very back of the house. A friend of mine lived in that house and asked us several times if they could pull in and park in our driveway we have a very large driveway it is half asphalt and the other half is crusher run. We expanded it for our parking as well we had a lot of parking problems with them so we allowed them to park over on our property. This is the only parking on this property and from the picture you can see there is only room for two cars on this property.
Mr. Baroody: This parking area that goes with the property you are seeking a variance for?
Mr. Archambo: We are trying to stop this from going to a multi-family home.
Mr. Tamburrino: He is speaking against it.
Mr. Archambo: I think they think there is more land with that property than they believe. This last picture here shows the actual raised parking lot at the back of the property which floods into our property on a regular basis right now it is probably 6 to 8 inches of water today in our back yard it is running off that parking area which this picture will show you that they are continually throwing cinder blocks in the back area to try raise to make the driveway bigger towards the back. There was a three bay garage there until Jeff Howard tore it down.
Mr. Tamburrino: Question is this your residence?
Mr. Archambo: Yes sir.
Mr. Tamburrino: Ok.
Mr. Archambo: As you can see on the front there they part on the front lawn because there is no parking in the back. If this is a two-unit house the house was six units. There really is no parking for that unit whatsoever. The people that just moved out they were allowed to live there on a temporary basis because the house was condemned he in the process of working it and the previous owner allowed two other tenants to move in so there was a total of three families and they were parking at The Home, they were parking at Byrne Dairy and they asked Maxwell’s if they could park there we are talking over a block down the street.
Mr. Darrow: Parking is one of the issues we will have to address the proper units that are needed that is what the variance is for. That is an important part that we look at.
Mr. Archambo: This picture is the picture of the back of the property looking from our property where they are continually trying to raise the height of the driveway and even the City Code Enforcement told them they had to clean up but they still continue to dump cinder blocks to make it bigger in the back. It is about 8 feet height from our yard that they raised it up now so when it rains all the water on top of the hill will come down and floods our property. I don’t see no reason why it shouldn’t have been left as a single unit this has been a problem for the last fifteen years. If they put a two family unit back in there most people have two cars in their family that is about what that property could hold for parking. If you put a two family in that means that is four cars there is no way four cars can possible go in there.
If you have a friend come over where could they possibly park. It has really been a problem for us the last fifteen years. That is the reason why we are here tonight. We would love to see the property improved. We would love to see the house rebuilt it has been an eyesore there for a long time. We would love to see it taken care of but to put it into a two family there is no way possible to park there.
Mr. Darrow: Sir what was your name again for the record?
Mr. Archambo: I am Howard Archambo Jr.
Mr. Darrow: Let the record show that four pictures have been submitted. What was Calvin’s last name?
Mr. Archambo: Calvin Neilon.
Mr. Darrow: Are there any questions from the board members?
Mr. Tamburrino: When was this a single family dwelling, fifteen years ago?
Mr. Archambo: We owned the house next door going on fifteen years and it has always been a four or six unit house. It was condemned quite a long time ago so it has been sitting there idle. Throughout the time that people have purchased it and ran into a problem finding out that the property they thought went with the house belongs to us. They approached us to sell the piece of property so they could farther the driveway back so they actually could have parking but we have not intentions of selling. Then the house was sold again and again and again and we go through this again. If you took a look at the property clearly there is not place to park for a two family unit. Thank you.
Mr. Darrow: Thank you sir. Is there anyone else present that would like to have something added to the minutes for 55 Grant Avenue for consideration at our meeting July 26th to which it has been tabled. Seeing none hearing none we are closed.
Meeting adjourned at 8:00 p.m.
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