Typeset from the official record — motions and recorded votes are detected automatically. The official copy governs.
APPROVED
November 9, 2020
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 November 9, 2020. Chairman Wisnowski called the meeting to order at 7:30 P.M. and upon the roll being called the following were:
PRESENT: Edward Wisnowski, Jr Chairman
Luella Miller-Allgaier Deputy Chairperson
Karen Liebi Member
Deborah Magaro-Dolan Member
Dennis Lyons Member
John Marchozzi Attorney
Vivian Mason Secretary
Mark V. Territo Commissioner of Planning & Development
ABSENT: None
MOTION made by Mrs. Liebi that the Minutes of the meeting of October 12, 2020 be accepted as
submitted. Motion was seconded by Deputy Chairperson Miller-Allgaier. 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 Mrs. Liebi. Unanimously carried.
None
The applicant is seeking Area Variances pursuant to Section 230-13 D.(4)(b)[1] for an increase in the front yard setback from 25 feet to 3 feet, and Section 230-20 B.(2)(b) for an increase in the height of a fence in a front yard from 2 % feet to a maximum of 7 feet, to allow for an extension of a fence ina front yard for children’s safe play. The property is located in the R-10 One-Family Residential District.
The proof of publication was read by the Secretary.
Neither the applicant or a representative was present.
Chairman Wisnowski adjourned Case #1800 to December 14, 2020.
ZONING BOARD OF APPEALS - November 9, 2020 Town of Clay
The applicant is requesting an Area Variance pursuant to Section 230-13 G.(4)(d)[2] fora reduction in the side yard setback from 20 feet to 2.5 feet to allow for a shed. The property is located in the R-TH Town House District.
The proof of publication was read by the Secretary.
Roger Crouse explained that his lot is only 46 feet in width and there was an asphalt pad and that’s where he placed the shed.
Mr. Crouse addressed the Standards of Proof:
1. He believes there will not be any negative or undesirable change to the character of the neighborhood. It does not hamper line of sight, water movement or damage the environment. It has been there for years on the asphalt.
2. He believes there is not any other feasible method than to obtain an Area Variance.
3. He believes the Area Variance request is not substantial. There has been a permitted asphalt pad for several years with no adverse effect and the shed is on this pad.
4. He believes there won’t be any physical or environmental impact to the neighborhood.
5. Yes, the need for the Area Variance is self-created as the shed was installed without knowledge of the codes.
Mrs. Liebi asked if the pad was there before the shed and Mr. Crouse said yes.
Chairman Wisnowski asked if there were any further comments or questions and there were none. Chairman Wisnowski asked Commissioner Territo if he had any comments and he had none. Chairman Wisnowski asked if anyone in the audience had any questions and there were none.
Chairman Wisnowski asked for those in favor of granting the Area Variance request and those opposed to granting the Area Variance request and there were none.
Chairman Wisnowski closed the hearing.
MOTION was made by Deputy Chairperson Miller-Allgaier in Case #1811 to approve the Area
Variance as requested with the condition it be in substantial compliance with Exhibit “A”, the proposed location survey (the shed has to be moved a little). Motion was seconded by Mrs. Liebi.
Roll call: Chairman Wisnowski, Jr. - in favor
Deputy Chairperson Miller-Allgaier - in favor Mrs. Liebi - in favor Mrs. Magaro-Dolan - in favor Mr. Lyons - in favor Unanimously carried.
The Area Variance in Case #1811 is approved.
ZONING BOARD OF APPEALS - November 9, 2020 Town of Clay
The applicant is requesting an Area Variance pursuant to Section 230-13 D.(4)(c)[2] for a reduction in the side yard setback from 41 feet to 25 feet to allow for construction of a shed. The property is located in the R-10 One-Family Residential District.
The proof of publication was read by the Secretary.
Scott Montani explained that he had a lot line adjustment which changed the required setbacks, making them greater. There is also a pond next door and because of the pond any other placement of the shed would be unsightly.
Mr. Montani addressed the Standards of Proof:
1. He believes there will not be any negative or undesirable change to the character of the neighborhood. It’s going in a large empty space.
2. He believes there is not any other feasible method than to obtain an Area Variance, because the pond’s location would force him to put the shed in the middle of the lot.
3. He believes the Area Variance request is not substantial.
4. He believes there won’t be any physical or environmental impact to the neighborhood. 5. Yes, the need for the Area Variance is self-created.
Chairman Wisnowski asked if there were any further comments or questions and there were none. Chairman Wisnowski asked Commissioner Territo if he had any comments and he had none. Chairman Wisnowski asked if anyone in the audience had any questions and there were none.
Chairman Wisnowski asked for those in favor of granting the Area Variance request and those opposed to granting the Area Variance request and there were none.
Chairman Wisnowski closed the hearing.
MOTION was made by Mrs. Liebi in Case #1812 to approve the Area Variance as requested with
the condition it be in substantial compliance with Exhibit “A”. Motion was seconded by Mrs. Magaro-Dolan.
Roll call: Chairman Wisnowski, Jr. - in favor
Deputy Chairperson Miller-Allgaier - in favor Mrs. Liebi - in favor Mrs. Magaro-Dolan - in favor Mr. Lyons - in favor Unanimously carried.
The Area Variance in Case #1812 is approved.
The applicant is requesting Area Variances pursuant to Section 230-13 E.(4)(b)[1] for a reduction in the front yard setback from 25 feet to 14 feet, and Section 230-20 B.(2)(b) for an increase in the
ZONING BOARD OF APPEALS - November 9, 2020 Town of Clay
allowable height of a fence in a front yard from 2 1/2 feet to 6 feet (a comer lot has two front yards) to allow for of a fence. The property is located in the R-7.5 One-Family Residential District.
The proof of publication was read by the Secretary.
Attorney Alan Willmes represented the applicant, who was also present. Attorney Willmes explained that the shape of the lot is unique and the applicant would like to utilize as much of the lawn as possible and put up a privacy fence.
Attorney Willmes addressed the Standards of Proof:
1. They believe there will not be any negative or undesirable change to the character of the neighborhood. The fence will not obstruct any vision of nay traffic and will make the
property worth more.
2. They believe there is not any other feasible method to have a fence for privacy without obtaining Area Variances.
3. They believe the Area Variance requests are not substantial. It is only a few feet on one side of the house and will not obstruct view of traffic passing through the neighborhood.
4. They believe there won’t be any physical or environmental impact to the neighborhood.
5. Yes, the need for the Area s is self-created.
Chairman Wisnowski asked if there were any further comments or questions and there were none. Chairman Wisnowski asked Commissioner Territo if he had any comments and he had none. Chairman Wisnowski asked if anyone in the audience had any questions and there were none.
Chairman Wisnowski asked for those in favor of granting the Area Variance requests and those opposed to granting the Area Variance requests and there were none.
Chairman Wisnowski closed the hearing.
MOTION was made by Mr. Lyons in Case #1813 to approve the Area Variances as requested with
the condition it be in substantial compliance with Exhibit “A”. Motion was seconded by Mrs. Liebi.
Roll call: Chairman Wisnowski, Jr. - in favor
Deputy Chairperson Miller-Allgaier - in favor Mrs. Liebi - in favor Mrs. Magaro-Dolan - in favor Mr. Lyons - in favor Unanimously carried.
The Area Variances in Case #1813 are approved.
The applicant is requesting Area Variances pursuant to Section 230-13 D.(4)(c)[2] for a reduction in the side yard setback from 7 1/2 feet to 5 feet, and Section 230-13 D.(4)(c)[3] for a reduction in the rear yard setback from 10 feet to 5 feet, to allow for a shed which will be a more efficient storage for yard equipment. The property is located in the R-10 One-Family Residential District.
ZONING BOARD OF APPEALS - November 9, 2020 Town of Clay
The proof of publication was read by the Secretary.
Larry Argiro explained that he wants a shed for storage. He has talked to his neighbors and they are not opposed to it.
Mr. Argiro addressed the Standards of Proof:
1. He believes there will not be any negative or undesirable change to the character of the neighborhood.
2. He believes there is not any other feasible method than to obtain Area Variances.
3. He believes the Area Variance requests are substantial.
4. He believes there won’t be any physical or environmental impact to the neighborhood. 5. Yes, the need for the Area Variances is self-created. It will make a more efficient usage.
Chairman Wisnowski asked if there were any further comments or questions and there were none. Chairman Wisnowski asked Commissioner Territo if he had any comments and he had none. Chairman Wisnowski asked if anyone in the audience had any questions and there were none.
Chairman Wisnowski asked for those in favor of granting the Area Variance request and those opposed to granting the Area Variance request and there were none.
Chairman Wisnowski closed the hearing.
MOTION was made by Mrs. Magaro-Dolan in Case #1814 to approve the Area Variances as
requested with the condition it be in substantial compliance with Exhibit “A”. Motion was seconded by Mrs. Liebi.
Roll call: Chairman Wisnowski, Jr. - in favor
Deputy Chairperson Miller-Allgaier - in favor Mrs. Liebi - in favor Mrs. Magaro-Dolan - in favor Mr. Lyons - in favor Unanimously carried.
The Area Variances in Case #1814 are approved.
There being no further business, Chairman Wisnowski adjourned the meeting at 7:55 P.M.
Marina WD. Ylaaox
Vivian I. Mason, Secretary
Zoning Board of Appeals Town of Clay