ZONING BOARD OF APPEALS
MONDAY, NOVEMBER 28, 2011
Members Present: Ms. Marteney, Mr. Baroody, Mr. Darrow, Mr. Kilmer, Ms. Calarco, Mr. Tamburrino and Mr. Westlake
Staff Present: Mr. Fusco, Ms. Jensen and Mr. Hicks
APPLICATION APPROVED: 298 Grant Avenue, 111 Park Place, 208 Perrine Avenue
Mr. Westlake: Good evening, ladies and gentlemen, this is the Zoning Board of Appeals. Tonight we have the following item: 298 Grant Avenue, 111 Park Place, 208 Perrine Avenue
As there was no meeting last month we need to approve the minutes of the September 26th meeting. If there are no errors, deletions or corrections to the minutes of the September minutes they will stand as written.
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298 Grant Avenue. Applicant: James Leach/Frontier Development LLC. Amend area variance for rear set back buffer.
Mr. Westlake: Would 298 Grant Avenue come to the podium, please speak into the microphone and state your name and what you would like to do.
Mr. Maar: My name is Rick Maar and I work for Dunn & Sgromo Engineers and tonight I represent Frontier Development in a request to modify the previous Zoning Board of Appeals approval that was made for the site at your August 29th meeting. I have been coordinating with Steve Selvek and Steve suggested that if you want it that I give you a little history of how this error occurred in the variance and we can go from there.
In June of this year we submitted an application for site plan and curb variances at the same time and in that letter we had requested two variances; one was the rear yard setback for the building from 30 feet to 10 feet and the second was a reduction in the rear landscape buffer from 50 feet to 40 feet.
Mr. Fusco: From 50 feet to what?
Mr. Maar: From 50 to 40 feet or a 46 foot reduction in the setback. Subsequent to that your Code Enforcement Officer reviewed our site plan application and was requested to prepare a denial of permit because we needed to come in front of this board. Unfortunately when that was prepared an error was in that variance and it was changed from an area variance of 46 feet of the required 50 foot buffer to an area variance of 40 feet so that error made it to this board and when my boss presented to this board the oversight continued through this board approved the variance of 40 feet. We then went from there right back to the Planning Board a week later and again the oversight continued and the Planning Board approved the plans this plan which shows the variance that was originally requested of 46 feet they approved this not award of the different
the mistake that had been made up to that point.
So subsequent to that the developer while reviewing this plan and reviewing the minutes from the meeting when you approved this variance and he noticed that there was a difference. We contacted the City and I have been working directly with Steve Selvek who I believe has been in touch with your attorney and they suggested that we come back, make this presentation and ask that the board amend the request for variance.
Mr. Westlake: Any questions from the board?
Mr. Tamburrino: Would you show me on the map where the variance is located?
Mr. Maar: As it turned out after Mr. Hicks' review we went from two variances to three all of which you approved. One is this setback here (points to map) was required to be 30 and we asked for 10, 20 foot reduction. Also this variance here (points to map) this part was part of the landscape buffer we originally asked for 46 feet to 4 feet and an error occurred and turned it into 40 feet of reduction and it was relative to this.
Mr. Tamburrino: Ok, I understand, thank you.
Mr. Baroody: So you are asking tonight to from a 40 foot variance to a 46 foot variance for the buffer?
Mr. Maar: Yes sir.
Mr. Darrow: This was rear setback?
Mr. Maar: Rear landscape buffer.
Mr. Darrow: Rear landscape buffer.
Mr. Maar: Yes sir.
Mr. Baroody: We approved 40 and you need 46.
Mr. Maar: Yes sir. The one thing I do want to mention is that the plan has not changed from the time it was presented to you at the August 29th meeting this is the plan that was presented. So again you are probably thinking 40 feet our presenter was thinking 46 feet. Also this is the plan that was approved by the Planning Board.
Mr. Westlake: Thank you, any more questions?
Mr. Kilmer: I think it is clear but according to the drawing the building structure is not involved with the variance we are considering?
Mr. Maar: That is correct. It is just this (points to map).
Mr. Westlake: Is there anyone here wishing to speak for or against the application? Seeing none we will close the public portion and discuss amongst ourselves and let you know shortly.
Mr. Darrow: I would like to make a motion that we grant Frontier Development LLC, 298 Grant Avenue a variance amendment for the rear landscape buffer zone to show from a 40 foot variance to a 46 foot variance for said property at 298 Grant Avenue.
Mr. Kilmer: I second the motion.
VOTING IN FAVOR: Ms. Marteney, Mr. Baroody, Mr. Darrow, Ms. Calarco, Mr. Kilmer, Mr. Tamburrino, Mr. Westlake
Mr. Westlake: Your application has been approved. Good luck with your project.
Mr. Maar: Thank you very much for your time.
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111 Park Place. R2 zoning district. Applicant: Thad Machia. Area variance for second shed.
Mr. Westlake: 111 Park Place, please come to the podium; speak clearing into it, tell us your name and what you would like to do.
Mr. Machia: My name is Thad Machia I own 111 Park Place and since I bought that house back in February 2007 it came with a 4 x 6 permanently installed shed on a cement slab. Since living there we bought outside furniture and things that have to stay out during the winter and I cover it up the best I can. We need access to our lawnmower or snow blower or items that I normally put in the cellar I can't I have all my Mother's stuff in the cellar she lives with me. So anyway what it amounts to is I would like to have a shed on our property to put all that outside stuff in and for storage along with the 4 x 6 shed that is there I don't want to tear down the 4 x 6 shed.
Mr. Westlake: Questions from the board?
Mr. Tamburrino: There is no garage on the property?
Mr. Machia: No sir and there is no outside cellar access you have to go in the front door or the back door and go through the house.
Mr. Fusco: Mr. Hicks what is the maximum square footage that this resident could have in terms of a shed?
Mr. Hicks: 150 square feet.
Mr. Fusco: So if approved the total would be 144 square feet, a 24 foot shed plus a 120 foot shed.
Mr. Baroody: It is because it is a second structure.
Mr. Hicks: Yes.
Mr. Westlake: Any other questions from the board?
Mr. Tamburrino: Why don't you want to tear down the other shed?
Mr. Machia: It is a permanent installation and it is currently being used as my Mother's gardening shed it would fit one thing maybe a snow blower or maybe lawnmower but still I can't fit all the outside stuff in that little shed it is only about 5 fee tall.
Mr. Tamburrino: Yes, it is very tiny.
Mr. Westlake: Is there anyone here wishing to speak for or against the application? Seeing none we will close the public portion and discuss amongst ourselves and let you know shortly.
Ms. Marteney: The name was wrong on the agenda, does that make any difference?
Mr. Fusco: No it doesn't.
Mr. Darrow: I really don't see a problem when you consider patio furniture and the only access to the basement is through the house and dragging stuff of that nature in and out of the basement each time.
Mr. Tamburrino: I understand he needs the space.
Mr. Darrow: He is still under the 150 square foot. It is not like the combined total is going to be 220 or 225 square feet it is still under the 150 square foot allowed.
Mr. Tamburrino: I hate to set a precedence two sheds on one property that bothers me.
Mr. Darrow: It is a case by case basis.
Ms. Marteney: The 4 x 6 shed is nothing.
Mr. Darrow: Two feet smaller than a sheet of plywood.
Mr. Tamburrino: More of an aesthetic thing.
Mr. Baroody: I would like to make a motion that we grant Thad Machia, 111 Park Place in Auburn a variance for the placement of a second shed of 120 square feet on the property as submitted in the plan.
Mr. Darrow: I second the motion.
VOTING IN FAVOR: Ms. Marteney, Mr. Baroody, Mr. Darrow, Ms. Calarco, Mr. Kilmer, Mr. Tamburrino, Mr. Westlake
Mr. Westlake: Your application has been approved. Good luck with your project.
Mr. Machia: Thank you.
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208 Perrine Avenue. R1 zoning district: Applicant: Robert and Carol Lewis. Area variance for accessory structure ("Portable Garage")
Mr. Westlake: Would 208 Perrine Avenue please come to the podium, pull the microphone down and speak clearly into it and tell us your name and what you would like to do.
Mr. Lewis: Robert Lewis, 208 Perrine Avenue. What I want to do is we gave you a picture on site, we put up the shed it is called a portable garage. My wife was having trouble getting the snow off because she hurt her shoulder and back so I said that I will get you something to put your car in so that you don't have to that so that is what we did and it has been there for 3 years. Now all of a sudden I get a letter saying that I have to come to the Codes Office and do all this other stuff.
Mr. Fusco: Your application says it doesn't bother your closest neighbor. Have any of the other neighbors complained?
Mr. Lewis: No it is right on my driveway. I brought a letter from the guy next door and he said it is not bothering him and that is only on one side of the house.
Mr. Darrow: It seems to be set back pretty well.
Mr. Westlake: I believe we put a sunset clause in the last one didn't we, when he moves he takes it down?
Mr. Darrow: Yes we did.
Ms. Calarco: You said you brought a letter from your neighbor can we have that for the record?
Mr. Lewis: Yes.
Mr. Tamburrino: This neighbor is the one that is on this side of the shed?
Mr. Lewis: Yes, his name is Aaron McCabe.
Mr. Tamburrino: Ok, thank you.
Mr. Baroody: Is that a garage behind the shed?
Mr. Lewis: No it is hot tub back there. It is an old neighborhood and they said we have to be 10 feet away from the house or something like that but there is no way that I can even do that.
Mr. Darrow: If it was a garage it would have to be 10 feet away from the house, it is not an attached garage; you can't define any more portable than this.
Mr. Fusco: I would like to read this into the record submitted by the applicant, it is a letter from Aaron McCabe.
"To whom it may concern: The portable garage, located at 208 Perrine Avenue for 3 years does not interfere, in any way, my property at 206 Perrine Avenue, Auburn, New York.
As property at 206 Perrine Avenue I believe that the portable garage can stay where it is located at present. Thank you. Aaron McCabe".
Mr. Westlake: Thank you. Any more questions from the board?
Is there anyone here wishing to speak for or against the application? Seeing none we will close the public portion and discuss amongst ourselves and let you know shortly.
Mr. Darrow: I think the proximity to the house and how far back it is placed and the fact putting in a sunset clause revokes it upon them leaving the residency would solve any problems.
Ms. Calarco: And having a letter from the neighbor.
Mr. Tamburrino: I think the sunset clause is good.
Mr. Darrow: And when you consider the snow that we do get in the middle of winter.
Mr. Tamburrino: I agree with the sunset clause it is important we don't want these things popping up all over the place.
Mr. Darrow: I would like to make a motion that we grant Robert and Carol Lewis a variance of 8 foot of the required 10 foot setback for the erection of a temporary garage structure at 208 Perrine Avenue, said variance will have a sunset clause upon the vacating of 208 Perrine Avenue by Robert and Carol Lewis.
Mr. Baroody: I second that motion.
Mr. Westlake: What that means sir if you sell the property or leave the property for any reason you have to take the portable garage down when you go that is what the sunset clause is.
Mr. Lewis: Thank you.
VOTING IN FAVOR: Ms. Marteney, Mr. Baroody, Mr. Darrow, Ms. Calarco, Mr. Kilmer, Mr. Tamburrino, Mr. Westlake
Mr. Westlake: Your application has been approved.
Mr. Lewis: Thank you.
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