Typeset from the official record — motions and recorded votes are detected automatically. The official copy governs.
APPROVED
October 14, 2024
The Regular Meeting of the Zoning Board of Appeals of the Town of Clay, County of Onondaga, State of New York, was held at the Clay Town Hall, 4401 New York State Route 31, Clay, New York on October 14, 2024. Chairman Wisnowski called the meeting to order at 6:00 P.M. and upon the roll being called the following were:
PRESENT:
Edward Wisnowski, Jr Chairman
Vivian Mason
Deputy Chairperson
Ryan Frantzis
Member
David Porter
Member
ABSENT:
Karen Liebi
Member
PRESENT:
Robert Germain
Attorney
Mark Territo
Commissioner of Planning & Development
All present participated in the Pledge of Allegiance.
MOTION made by Deputy Chairperson Mason that the Minutes of the meeting of September 9,
2024, be accepted as submitted. Motion was seconded by Mr. Frantzis Unanimously carried.
MOTION made by Chairman Wisnowski for the purpose of the New York State Environmental
Quality Review (SEQR) all new actions tonight will be determined to be a Type II, and will be given a negative declaration, unless otherwise advised by our attorney. Motion was seconded by Deputy Chairperson Mason. Unanimously carried.
None.
The applicants are requesting Area Variances pursuant to Section 230-13 A.(4) – Lot and Structure Dimensional Requirements, for a reduction in the east side yard setback from 25 feet to 12 feet to allow construction of a pole barn to replace an existing garage. The property is located in the RA- 100 Residential Agricultural Zoning District.
The proof of publication was read by the secretary.
The applicant, Michael Jordan was present.
ZONING BOARD OF APPEALS – October 14, 2024 Town of Clay
Chairman Wisnowski asked Mr. Jordan to explain the applicants request for an Area Variance. Mr. Jordan explained he is looking to build a pole barn to replace a previously existing 24’ x 36’ garage that was built in the early 1990s. Over time, he has outgrown this garage and there is now a need for a larger pole barn. Because of how it is situated on the property, keeping in line with the previous structure, there is a need for a variance.
Chairman Wisnowski asked Mr. Jordan to address the standards of proof.
Mr. Jordan addressed the Standards of Proof:
1. The applicant does not believe the requested Area Variances will create an undesirable change to the character of the neighborhood as this is a country setting and it will replace an existing garage that is too small.
2. The applicant does not believe there is any feasible method other than the requested Area Variances as the driveway is close to the east property line and this new structure will be in line with that if variance is granted.
3. The applicant does not believe the requested Area Variances to be substantial as there are other similar pole barns in the area.
4. The applicant does not believe there will be any adverse effect to the neighborhood as the pole barn would have a similar footprint to what is there now.
5. Yes, the need for Area Variances is self-created.
Chairman Wisnowski asked if there were any further comments or questions from the Board.
Mrs. Mason asked how tall the structure would be.
Mr. Jordan stated the pole barn would be 10 feet on the ground floor, and 11 feet on the second level for a total of 21 feet. The Commissioner verified that this meets the allowable height for zoning.
Chairman Wisnowski asked Commissioner Territo if he had any additional questions or comments and he had none.
Chairman Wisnowski asked if anyone in the audience had any questions or comments but only the
applicants were present, no additional audience was present.
Chairman Wisnowski asked for those in favor of granting the Area Variances and those opposed to granting the Area Variances and there were none.
MOTION was made by Mr. Frantzis in Case #1960 to approve the Area Variance as requested
with the condition it be in substantial compliance with Exhibit “A”. Motion was seconded by Mr. Porter.
Roll Call:
Chairman Wisnowski
- in favor
Deputy Chairperson Mason
- in favor
Mr. Frantzis
- in favor
Mr. Porter
- in favor Unanimously Carried.
ZONING BOARD OF APPEALS – October 14, 2024 Town of Clay
There being no further business, Chairman Wisnowski adjourned the meeting at 6:08 P.M.
Mark Territo, Acting Secretary
Zoning Board of Appeals Town of Clay