Typeset from the official record — motions and recorded votes are detected automatically. The official copy governs.
APPROVED
February 10, 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 Town Hall of Clay, 4401 State Route 31, New York on February 10, 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 Chairman
Luella Miller-Algaier Deputy Chairperson Karen Liebi Member Deborah Magaro-Dolan Member Dennis Lyons Member Vivian Mason Secretary Robert Germain Attorney Mark V. Territo Commissioner of Planning & Development
ABSENT: None.
MOTION made by Mrs. Liebi that the Minutes of the meeting of January 13, 2020 be accepted as
submitted. Motion was seconded by Deputy Chairperson Miller-Allgaier. Unanimously carried. (5-0)
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. (5-0)
Chairman Wisnowski asked if all the members had visited the sites and all said they had.
The applicant is requesting Area Variances per Section 230-19 A.(5) for a reduction in the highway overlay setback from the allowed 115 feet to the proposed 99.9+ feet to allow for a canopy and Section 230-22 C.(1) for an increase in the number of wall signs from the allowed two to four for construction of a new restaurant. The property is located in the RC-1 Regional Commercial District.
The Secretary read the proof of publication.
Timothy Freitag, PE from Bohler, along with Clint Mattson from Chic-fil-A, John Ream from R & F Clay, LLC and Genevieve Trigg from Witeman, Osterman & Hanna LLP were present.
ZONING BOARD OF APPEALS - February 10, 2020 Town of Clay
Mr. Freitag explained that they plan to demolish the old UNO restaurant and construct a 5000 square foot quick serve Chic-fil-A restaurant. This will be next to Smokey Bones in the Raymour Flanigan shopping center. They will appear before the Town Board in March seeking approval of a Special Permit for a drive-thru. They are here tonight to ask for Area Variances for a canopy and for approval to have four signs rather than the allowed two. They would like a sign on each side of the building.
Genevieve Trigg addressed the Standards of Proof:
1. They believe this project is in harmony with this neighborhood and will not have any negative or undesirable change to its character. As to the signs, the proposed variance is consistent with other commercial buildings in the area.
2. They believe there is not any other feasible method. Without the canopy the customers and restaurant staff would be exposed to weather conditions, snow, rain and other elements. This improves the customer’s experience, allows orders to be filled with expediency and permits a good traffic flow. With regard to the signs, they will allow visibility from the main roads to the shopping center and other locations within the shopping center.
3. They believe the Area Variance requests are not substantial.
4. They believe there won’t be any physical or environmental impact to the neighborhood. It is the same use and the project will contain storm water management as required by the Town Code.
5. Although the lot size is restricted by the zoning code, they admit the need for the Area Variances is self-created.
Chairman Wisnowski asked if they would have the drive-thru whether they received the variance for the canopy or not and Mr. Freitag said yes.
Chairman Wisnowski asked if there were any 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 granting the Area Variance requests and those opposed to granting the Area Variance request and there were none.
Chairman Wisnowski closed the hearing.
MOTION was made by Mr. Lyons in Case #1768 to approve the Area Variances as requested with
the condition they 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 Variance in Case #1768 is approved.
ZONING BOARD OF APPEALS - February 10, 2020 Town of Clay
#054.-01-03.1:
The applicant is requesting Area Variances per Section 230-15 A.(4)(b)[1] for a reduction in the front yard setback from 35 feet to 15 feet; Section 230-15 A.(4)(b)[2][a] for a reduction in the side yard setback from 17.7 feet to 9 feet; Section 230-15 A.(4)(b)[3] for a reduction in the rear yard setback from 20 feet to 7 feet; Section 230-19 A.(5) for a reduction in the highway overlay from 140 feet to 89 feet; Section 230-15 A.(5)(b) for an additional setback reduction from 25 feet to 0 feet when abutting a residential district; Section 230-15 A.(5)(a) for a reduction in the perimeter landscape strip from 15 feet to 0 feet on sides and rear yards; and Section 230-15 A.(5)(a) for a reduction in the perimeter landscape strip from 15 feet to 9 feet in the front, to allow for construction of an office building. The property is located in the O-1 Neighborhood Office District.
The Secretary read the Proof of Publication.
Representing Robert Aluzzo, Joseph Mastroianni P.E. of Mastroianni Engineering gave an overview of the proposed office building they would like to build on this property. Part of the roadbed was abandoned years ago. This parcel was changed to an O-1 Neighborhood Office District years ago also. They want to construct a 2800 square foot office building with landscaping up front. It is entirely within the flood zone.
Mr, Mastroianni addressed the Standards of Proof:
1. They believe there will not be any negative or undesirable change to the character of the neighborhood. There are offices and mixed use in the area.
2. They believe there is not any other feasible method. The parcel is a small wedge and to build an office they need the Area Variances.
3. They believe the Area Variance request is substantial.
4. They believe there won’t be any physical or environmental impact to the neighborhood. 5. They believe the need for the Area Variances is self-created.
Chairman Wisnowski asked if any attempt had been made to purchase the property next door and Mr, Mastroianni said Mr. Alluzo did try to buy it.
Chairman Wisnowski then asked if they could turn the building on the parcel and Mr, Aluzzo explained that if they did, they would lose parking. Mr, Mastroianni added the comment that it’s because it’s an odd shaped lot.
Mrs. Miller-Allgaier inquired about possibly two stories to the building and Mr. Aluzzo said he didn’t think the Town wanted two stories.
Mrs. Magaro-Dolan asked if he had a possible tenant and Mr. Mastroianni said medical perhaps.
Mrs. Miller-Allgaier asked why one of their rendering of the building had windows and the other did not and Mr. Mastroianni said it would have windows if used for medical and none if it was an office.
ZONING BOARD OF APPEALS - February 10, 2020 Town of Clay
Mrs. Liebi asked why they bought the lot knowing it needed all these Area Variances and Mr. Mastroianni said to build a professional building to occupy that empty land and get it back on the tax roll.
Chairman Wisnowski asked if there were any 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 said the Board needed some time to look the project over before making a decision.
Chairman Wisnowski closed the hearing.
MOTION was made by Chairperson Wisnowski in Case #1775 to adjourn this hearing to March 9,
2020. Motion was seconded by Deputy Chairperson Miller-Allgaier.
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 #1775 is adjourned to March 9, 2020.
There being no further business, Chairman Wisnowski adjourned the meeting at 8:00 P.M.
hire xp Macon.
Vivian I. Mason, Secretary
Zoning Board of Appeals Town of Clay