ZONING BOARD OF APPEALS
MONDAY, SEPTEMBER 27, 2010
Members Present: Ms. Marteney, Mr. Baroody, Mr. Darrow, Mr. Tamburrino and Mr. Westlake
Member Absent: Mr. Bartolotta and Ms. Calarco
Staff Present: Mr. Fusco, Ms. Jensen and Mr. Pausley
APPLICATIONS APPROVED: 1 N. Hunter Avenue, 217 Grant Avenue, 89 Steel Street
Mr. Westlake: Good evening, ladies and gentlemen, this is the Zoning Board of Appeals. Tonight we have the following item: 1 N. Hunter Avenue, 217 Grant Avenue, 89 Steel Street. If there are no errors, omissions or additions to last month’s minutes of the meeting, the minutes will stand as written. Thank you.
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1 N. Hunter Avenue. R1 zoning district. Area variance for detached garage. Applicant: Clyde and Diane Howard.
Mr. Westlake: 1 N. Hunter Avenue please come to the podium; state your name and what you would like to do.
Mrs. Howard: My name is Diane Howard and I live 1 N. Hunter Avenue and my husband and I would like to build a garage in the back of our yard and we are requesting a variance so that we can push it back 2 feet closer to the rear line and 2 feet closer to the side line.
Mr. Westlake: Thank you. Questions from the board?
Mr. Tamburrino: It is a very nice packet that you prepared.
Mrs. Howard: Thank you, we tried.
Mr. Westlake: Anyone else? Anyone here wishing to speak for or against this application? We have someone that would like to speak.
Mr. Lent: My name is James Lent, I am a neighbor across the street and I urge this board to approve this project. It is a wonderful use of the property. There is no impact on the environment. It will improve the neighborhood. It will keep the cars off the street and will be in the driveway or the garage making it easier for emergency vehicles and snowplows in the winter it will be better for everyone. Looking at the property there is absolutely no way they could put a garage in that spot anywhere else without a variance. There is an existing driveway it has been there as long as I have been there in my house and that is 40 years and this location for the proposed garage is a perfect blend and as you see none of the neighbors have objected they are all for it. Certainly hope you look at it favorably. Thank you.
Mr. Westlake: Thank you. If you would like to sit down (to Mrs. Howard) we will discuss it amongst ourselves and let you know very shortly.
Mrs. Howard: Thank you very much.
Ms. Marteney: Nice support from the neighbors.
Mr. Tamburrino: This is very neat.
Mr. Darrow: I think it is fine a well prepared packet it explains exactly what they want to do but my only concern by shifting the garage is a variance needed? Because as we know we are semi-compelled to give the least amount of variance needed. So some of it or any of it is it self-made by trying to push it back into that corner tightly.
Mr. Westlake: I don’t think so.
Mr. Baroody: Looks like the house and everything else even though the property line appears to be straight it is a little askew.
Mr. Tamburrino: I have no issues. I drove by the property.
Mr. Fusco: Even if you were to find it self-created that doesn’t defeat an area variance.
Mr. Darrow: Oh no I am not saying that it does I am just saying it is moot so it is not needed.
Ms. Marteney: Then it doesn’t line up with the driveway either. It would be off set of the driveway and would have to put in more driveway. I think I am looking at that correctly the way it does the drawing that shows where it is going to go. There is a shed you are going to take down the shed?
Mrs. Howard: The shed is gone.
Mr. Darrow: Ok.
Ms. Marteney: So it is going to kind of go where the shed was otherwise if it goes in you have to add more driveway that will take away
Mr. Tamburrino: Yes have to swing behind the deck you don’t want to do that it is fine where it is. Makes a lot of sense you have a straight shot to the back.
Mr. Baroody: I would like to make a motion that we grant Clyde and Diane Howard, 1 N. Hunter Avenue an area variance to erect a 22’ x 20’ detached garage 1 foot from the side property line, requirement is 3 feet and 2 feet from the rear property line, requirement is 4 feet as per the submitted plot plan.
Mr. Tamburrino: I second that motion.
VOTING IN FAVOR: Ms. Marteney, Mr. Baroody, Mr. Tamburrino, Mr. Westlake
VOTING AGAINST: Mr. Darrow – No I feel 1 foot is too much of an encroachment on the side property.
Mr. Westlake: Application has been approved. Good luck with your project.
Mrs. Howard: Thank you very much.
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217 Grant Avenue. C3 zoning district. Area variance for new Marshall’s sign. Applicant: Allied Sign Co.
Mr. Westlake: Would 217 Grant Avenue come to the podium state your name and what you would like to do.
Mr. Kerstetter: Good evening, Timothy Kerstetter. I am here seeking permission for a variance on the Marshall sign and we submitted an application. Also with me tonight is Ken Colton from Allied Sign Co. and John DelVecchio attorney with offices in Cortland, New York. My office address is 4030 West Road in Cortland.
Mr. Westlake: What is it that you would like to do?
Mr. Kerstetter: We would like to seek approval of a variance to increase the square footage on the sign on Marshall’s. Changes from 6-foot height to 8-foot high letters in contrast with the new façade that has just been constructed on the property.
Mr. Westlake: Thank you. Questions from the board?
Mr. Baroody: Remove the old and replace with this?
Mr. Kerstetter: Yes that is correct. The existing height is 22 feet the new façade will be 32 feet high. We are asking for the extra 2-foot height to balance the appearance of the sign on the building.
Mr. Fusco: Not adding a second floor, just changing
Mr. Kerstetter: Just raising the height of the structure.
Mr. Tamburrino: The façade is designed for any size sign right?
Mr. Kerstetter: That is correct.
Mr. Tamburrino: So you can put a smaller sign a larger signed.
Mr. Kerstetter: That is correct.
Mr. Tamburrino: Ok.
Mr. Kerstetter: We feel that because of the large height sign because we sit back off the road approximately 800 feet you can see it from Grant Avenue a little quicker with the larger letters.
Mr. Fusco: People in Auburn don’t know where your stop is?
Mr. Kerstetter: We hope they do, since the constructed started we have already seen a 1% increase in sales just from the construction activity. Marshalls is doing all the east coast with all their stores, their goal is to have a 5% increase in annual sales which in turn with this store would make approximately ¾ million dollar increase in sales annually which would then add to the City by increasing the sales tax revenue.
Mr. Tamburrino: Increase of sales may or may not be related to that.
Mr. Kerstetter: We are trying to get as many people into the store as we can.
Mr. Tamburrino: I understand that.
Mr. Kerstetter: People coming in from out of town may not know that a Marshalls is there.
Mr. Westlake: The two signs out by the road you are going to leave that Marshall alone?
Mr. Kerstetter: That is correct. The only thing they are changing are the new colors going from a white background with blue letters will be reverse type so blue background with white letters. Same sign just reverse a new look.
Mr. Fusco: Your letter pleading economic hard says if the sign were to be smaller than what you are asking for which the existing sign is smaller than what you are asking for the letters illegible to the naked eye for people traveling on Grant Avenue.
Mr. Kerstetter: Yes they would be harder to see visually yes.
Mr. Fusco: So the existing sign you are saying is illegible?
Mr. Kerstetter: The existing sign is legible once you get into the property you can see but because of this new façade we have increased the new height of the signs we are looking to anchor them between Bed, Bath and Beyond with the whole plaza consistent in height at 32 feet as opposed to 22 feet.
Mr. Tamburrino: There is really no data do you have any data that says it is illegible? If we don’t grant this variance you are restricted do you have any data that you can’t resolve that sign from the road.
Mr. DelVecchio: Well maybe the word illegible is an incorrect word
Mr. Fusco: That is the word used in the letter.
Mr. DelVecchio: I think the main goal of the applicants here is to create a sign that essentially correlates to the new façade work that is done.
Mr. Fusco: Have to prove economic injury.
Mr. DelVecchio: Understood.
Mr. Fusco: You are saying but for getting this larger sign people on Grant Avenue won’t be able to see the sign it is illegible. Won’t be legible to the naked eye to quote you specifically.
Mr. DelVecchio: Understood.
Mr. Fusco: Now since your existing sign is smaller than the one you are asking for right? The existing sign is in conformity and you are asking for a non-conformity. You are asking this board for a sign that is larger than the existing one correct?
Mr. DelVecchio: Yes.
Mr. Fusco: So are you saying the existing one is illegible to the naked eye?
Mr. Colton: It is difficult the store manager expressed to me when we originally did the design work that they have had people say they had difficulty finding the store a couple factors it sits so far back from the road, there is Applebees, Burger King and so forth in front of it so you have a very narrow window between the buildings to see the front of this building.
Mr. Fusco: Then you will have to make everybody’s sign bigger in the plaza they all suffer the same problem that you do. You are the same distance from the road as every single other store in that row.
Mr. Colton: I think most of the other stores are aligned with the anchor tenants to support them and by allowing the anchor tenants and Marshalls certainly is one of them to have a larger sign then drawing people in not only going to feed them it is going to feed the other tenants as well and help the entire plaza prosper.
Mr. Darrow: What is the letter height of Bed, Bath & Beyond because that is very noticeable from the road?
Mr. Kerstetter: Those are 8-foot letters also.
Mr. Colton: We were before this board for approval of those signs.
Mr. Darrow: You can see that sign. I have noticed myself that Marshalls is more difficult to see if you don’t know it is there.
Mr. Baroody: I can appreciate customers concern because there are smoke and mirrors here that we have to go through. Illegible 800 feet, 1000 feet.
Mr. Kerstetter: Well the actual distance is about 1,000 feet from the road to the front of the plaza.
Mr. Fusco: Now are you saying you are an anchor or one of the non-anchor stores?
Mr. Kerstetter: Marshalls is one of the anchor stores, yes.
Mr. Fusco: Same as Bed, Bath & Beyond is an anchor store?
Mr. Kerstetter: Yes it is.
Mr. Fusco: So your position is that all anchor stores should have a larger sign?
Mr. Kerstetter: We are in that position we did A. C. Moore store about 3 years ago and Bed, Bath & Beyond before that 5 years ago. Dollar Tree 4 years ago. We receive permission to do those signs and this is the last one because Marshalls moved into the plaza 10 years old. Ten years ago the lower façade was in now we are spending money to increase the façade sign to the roof so to speak giving them a bigger sign would give them a larger view and fit in with the other anchor signs. Anchor stores are A. C. Moore, Bed, Bath & Beyond and Marshalls.
Mr. Darrow: With all due respect wouldn’t you think it wiser to get the variances for the façade before you increased your façade?
Mr. Kerstetter: Once we started working we thought we should get a bigger sign that way it will balance on the building. We have not put the sign up yet.
Mr. Darrow: The only part I truly have a problem with is yet again another example of the cart being in front of the horses. That is the only thing I have a problem with.
Mr. Westlake: Is there anyone here wishing to speak for or against this application? Seeing none we will discuss amongst ourselves and let you know.
Mr. Tamburrino: My wife and I were out shopping this weekend at the plaza and I looked at this huge façade and then I got this and said they are doing it and will come and ask for permission later.
Mr. Darrow: I agree driving by that is one that is hard to see. I sort of do buy into you might say the highest gross sales brings in more tax dollars for the City and County but I am so stuck on the fact that yet another one like I said the cart is in front of the horses but I really don’t think that 2 foot jump in height is detrimental to the aesthetics of that plaza because it is lit up like a mini Las Vegas as it is.
Ms. Marteney: It is the smallest sign and out of proportion to the other two.
Mr. Darrow: Yes smaller, looks like big dots.
Mr. Tamburrino: I have no issue with the sign. Bed, Bath & Beyond
Mr. Darrow: They look good.
Mr. Tamburrino: Only issue is they are building the façade and then they came for permission, my only issue.
Mr. Westlake: So next time you build another façade out there come to us first.
Mr. Kerstetter: I would like more notice on these things myself, sometimes the developers just draw these up on a napkin
Mr. Darrow: You are the plaza manager?
Mr. Kerstetter: Yes. The materials for the façade were ordered before I had time to get the permit.
Mr. Darrow: You might want to pass this down.
Mr. Kerstetter: I will pass it along. You are right everything should be planned out better.
Mr. Westlake: Any other discussion?
Mr. Darrow: I would like to make a motion that we grant Allied Sign Co., of 720 Erie Boulevard West, Syracuse, New York a 153.1 square foot area variance for the purpose of erecting a new sign 8 feet by 42 feet for the property located at 217 Grant Avenue as submitted in packet.
Mr. Baroody: I second the motion.
VOTING IN FAVOR: Ms. Marteney, Mr. Baroody, Mr. Darrow, Mr. Tamburrino, Mr. Westlake
Mr. Westlake: Your application has been approved, good luck with your project but next time come a little earlier.
Mr. Kerstetter: Ok, thank you very much.
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89 Steel Street. R1A zoning district. Area variance for addition to garage. Applicant: Donald Fama.
Mr. Westlake: 89 Steel Street, please come to the podium. State your name clearly and what you would like to do.
Mr. Fama: My name is Don Fama I live at 89 Steel Street since 1970. As you can see by the diagram we would like to add an extension on the garage that would exceed the normal 750 square feet by 50 square feet. At the present time I bought a new car in July and it is about a foot longer than my previous car and trying to back it out from the right side especially in the winter time and with the snow and ice I thought it would be safe so I wouldn’t bang into the house to transfer to the other side and therefore I am asking for a variance of an additional 50 square feet so that I could have this opportunity to drive straight in. Presently there is now 28 feet between my house and the land owned by Mike Pacelli and I got a letter from him in support of this if the variance was granted it would still give us 18 feet between the garage and
his property line. That is my request.
Mr. Westlake: Thank you. Any questions from the board? We have letters from the neighbors. Is there anyone here wishing to speak for or against this application? Seeing none we will close the public portion and discuss amongst ourselves and will let you know.
Mr. Fama: Thank you.
Mr. Darrow: Most of us generally mentioned that we always felt that the 750 seems to be under what we consider today standards of what people have, size of car, I see no problem.
Mr. Tamburrino: No this is very reasonable 50 square feet is nothing. I drove by and saw and said I would like to have a garage over there too. Makes sense to me.
Mr. Darrow: I would like to make a motion that we grant Donald Fama of 89 Steel Street a 50 square foot variance for the purpose of erecting an addition to his garage over 750 square foot maximum limit as submitted in attached plot plan.
Mr. Tamburrino: I will second that.
VOTING IN FAVOR: Ms. Marteney, Mr. Baroody, Mr. Darrow, Mr. Tamburrino, Mr. Westlake
Mr. Westlake: Your application has been approved, good luck with your project.
Mr. Fama: Thank you.
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