Typeset from the official record — motions and recorded votes are detected automatically. The official copy governs.
APPROVED
December 12, 2016
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 December 12, 2016. Chairman Mangan called the meeting to order at 7:30 P.M. and upon the roll being called the following were:
PRESENT: Charles V. Mangan Chairman
Edward Wisnowski, Jr Deputy Chairman
Karen Liebi Member
Ryan Pleskach Member
Nicholas Layou Member
Luella Miller-Alligaer Alternate Member
Vivian Mason Secretary
Robert Germain Attorney
Mark V. Territo Commissioner of Planning & Development
ABSENT: None
MOTION made by Mr. Layou that the Minutes of the meeting of November 14, 2016 be accepted
as submitted. Motion was seconded by Deputy Chairman Wisnowski. Unanimously carried.
MOTION made by Chairman Mangan for the purpose of the New York State Environmental
Quality Review (SEQR) all new actions tonight will be determined to be Unlisted actions, and will
be given a negative declaration, unless otherwise advised by our attorney. Motion was seconded by Mrs. Liebi. Unanimously carried.
Chairman Mangan commented that there are two cases under Old Business.
acell tower near Route 31. The case has been in litigation and will be discussed at a future meeting.
The applicant is requesting Area Variances pursuant pursuant to Section 230-19 A. (6)(a) for a reduction of the required minimum lot depth from 250 feet to 201.01 feet, on a corner lot of an intersecting type C highway and a minor highway, for the purpose of allowing a two (2) lot sub- division. The property is located in the R-7.5 One-Family Residential zoning district.
(The Secretary read the proof of Publicationat the November 14, 2016 meeting.)
Chairman Mangan announced that the applicant has withdrawn their request.
ZONING BOARD OF APPEALS - December 12, 2016 Town of Clay
Chairman Mangan asked if all the members had visited the sites and all said they had.
Clay Boulevard, Tax map #095.-02-13.1:
The applicant is requesting an Area Variance pursuant to Section 230-17 C.(4)(b)[1][a] to reduce the required front yard setback from 200 feet to 121 feet for building expansion. The property is located in the I-1 Industrial 1 zoning district.
The Secretary read the proof of Publication.
Jo Anne Gagliano, RLA from Environmental Design & Research represented the applicant. She explained that the two parcels (7645 and 7641 Henry Clay Boulevard) will be combined. They would like to construct an addition to the existing building at 7645 Henry Clay Boulevard parcel. They will not be moving the parking and the addition will line up with the building at 7641 Henry Clay Boulevard.
Ms. Gagliano addressed the Standards of Proof:
1. They don’t believe there will be any negative or undesirable change to the character of the neighborhood. The addition will be more in alignment with adjacent properties.
2. They don’t believe there is any other feasible method than to obtain an Area Variance. The expansion will be used for office space allowing the manufacturing space to expand into the existing office space.
3. They believe the Area Variance request is substantial. The proposed expansion will be similar to the face of the buildings on adjacent properties and they will not be exceeding
the parking lot.
4. They don’t believe there will be any physical or environmental impact to the neighborhood. It will be consistent with adjacent properties and will be an improvement.
5. They believe the Area Variance is self-created, but will allow for expansion of manufacturing operations and improved operations..
Chairman Mangan asked if there were any further comments or questions and there were none. Chairman Mangan asked Commissioner Territo if he had any comments and he had none. (There weren’t any people in the audience.)
Chairman Mangan closed the hearing.
MOTION made by Mr. Pleskach in Case #1641 to approve the Area Variance with the condition
ZONING BOARD OF APPEALS - December 12, 2016 Town of Clay
that they be in substantial compliance with Exhibit “A”, a survey dated 11-7-2016. Motion was seconded by Mr. Layou.
Roll call: Chairman Mangan - in favor
Deputy Chairman Wisnowski, Jr. _- in favor Mrs. Liebi - in favor Mr. Pleskach - in favor Mr. Layou - in favor Unanimously carried.
The Area Variance in Case #1641 is approved.
Clay Boulevard, Tax map #095.-02-14.2:
The applicant is requesting an Area Variance pursuant to Section 230-17 C.(5)(a) to reduce the front yard perimeter landscape strip from the required 100 feet to 84 feet for a parking lot expansion. The property is located in the I-1 Industrial 1 zoning district.
The Secretary read the proof of Publication.
Chairman Mangan noted that they have an immense parking lot.
Jo Anne Gagliano, RLA from Environmental Design & Research represented the applicant. She explained that with the renovations they decided to make the building more accessible and in character with 7645 Henry Clay Boulevard.
Ms, Gagliano addressed the Standards of Proof:
1. They don’t believe there will be any negative or undesirable change to the character of the neighborhood. The use remains the same.
2. They don’t believe there is any other feasible method than to obtain an Area Variance. The parking needs to be moved. There is limited space between the existing building and the parking area. This Area Variance allows a one to one match, giving up 8 feet feet of pavement to pick up 8 feet of green space.
3. They don’t believe the Area Variance request is substantial. Eight feet is being moved away from the building, pushing the parking lot 8 feet to the east. Other properties have parking closer to Henry Clay Boulevard.
4. They don’t believe there will be any physical or environmental impact to the neighborhood.
5. They believe the Area Variance is self-created, because in order to achieve a uniform and consistent look for the JMA Campus, this will create a standard look across the parcels. 7641 and 7645 Henry Clay Boulevard will have parking that is aligned. The parking areas is necessary and required by the Town of Clay code.
ZONING BOARD OF APPEALS - December 12, 2016 Town of Clay
Mr. Pleskach asked if this Area Variance will satisfy growth and Ms. Gagliano said yes. Chairman Mangan asked if there were any further comments or questions and there were none. Chairman Mangan asked Commissioner Territo if he had any comments and he had none.
(There weren't any people in the audience.)
Chairman Mangan closed the hearing.
MOTION made by Mrs. Liebi in Case #1642 to approve the Area Variance with the condition that
they be in substantial compliance with Exhibit “A”, a survey dated 6/17/2016. Motion was seconded by Deputy Chairman Wisnowski.
Roll call: Chairman Mangan - in favor
Deputy Chairman Wisnowski, Jr. - in favor Mrs. Liebi - in favor Mr. Pleskach - in favor Mr. Layou - in favor Unanimously carried.
The Area Variance in Case #1642 is approved.
There being no further business, Chairman Mangan adjourned the meeting at 7:50 P.M.
Se i ee
Vivian I. Mason, Secretary
Zoning Board of Appeals Town of Clay