21 Sep 2016
Zoning Board of Appeals
May 10, 2016
Present: Dan Welker, John Ceresoli, Gene Dayton, Brian O’Connor, Paul Adams, Paul Gregory, Atty. Peter Baum, Mrs. Clark, Mr. & Mrs. Owens, Mr. & Mrs. Chmielewski, Mrs. Doss
Clark Owens Properties LLC – area variance
Chairman Welker called the public hearing for Clark Owens Properties LLC to order at 7 p.m.
He asked the Secretary to read the notice as it appeared in the Post Standard. He asked the applicant to explain the reason for the requested area variance for 317 Genesee Street.
Mr. Owens spoke of the planned conversion of the apartment on the second floor into two studio apartments. There would be no additional bedrooms, just one additional unit. He stated that studio type apartments were much more rentable. He said they would be willing to restrict the number of vehicles to one per apartment in the lease. Chairman Welker reported that the County Planning Board had returned their recommendation stating that the proposed apartment building interior conversion, resulting in one additional dwelling unit, but no additional vehicles to be parked at this address, will not result in any county-wide impacts. They returned the recommendation for local determination. The Village Planning Board sent their recommendation to not approve the requested area variance due the lack of parking being provided on site and the concern about snow removal/storage in the limited area. Parking spaces that were shown on the hand drawn site plan showed two off-street parking spaces. The Board discussed at length these spaces. They are in the Villages’ right of way, so are not considered as available spaces. The adjacent neighbor on Arch Street, Mr. Chmielewski and his wife, both expressed concern about the parking. They explained that this area on Arch Street by the Clark Owens property is in the public right of way and shouldn’t be considered as parking exclusively for the Clark Owens property. They noted that one of the owners of the Clark Owens property left a note on their son’s car stating to the effect that he shouldn’t be parking in this area. They showed the note to the Board. They questioned at what point the building at 317 Genesee will not be able to be subdivided further. Where are the people going to park? They noted that without the parking on the street, they only have three parking spaces. Mr. Owens stated that currently one person doesn’t have a car, one unit has two vehicles, and the other has one. Again, he stated they would be willing to restrict the number of vehicles per unit to one. He also commented that if the upstairs unit isn’t divided into the two studio apartments, that the area will be developed into a 4 bedroom unit. The Chmielewski’s also expressed concern that renovations are taking place at the property without the benefit of a building permit. They commented that during the winter there are restrictions for parking on the street and the Presbyterian Church has advised that no parking is allowed at their location. Atty. Baum presented to the Board a copy of the survey for 317 Genesee Street that was done recently. It clearly shows that the parking on the Arch Street side of the building is in the Village right of way. Mr. Owens offered to add one additional parking space to the parking area on the Genesee Street side of the property, making four spaces. Chairman Welker asked if anyone had anything additional to add to the hearing. No one offered additional comments. The public hearing was closed.
Chairman Welker called the regular business meeting to order at 7:32 p.m.
The Board members reviewed the minutes of April 12, 2016. Upon the motion made by Brian O’Connor, seconded by John Ceresoli minutes of April 12, 2016 approved as written. All members present voting in favor.
Clark Owens Properties LLC
The Board discussed the information presented this evening for the area variance request. Upon the motion made by John Ceresoli, seconded by Brian O’Connor, the Board approves the request for area variance with the provision that the 4th parking space is created on Genesee Street side of property, language will be added to all future leases allowing for only one vehicle per unit, a restrictive covenant will be filed against the land in the County binding the owner(s) to one parking space per unit, limiting the number of units in the structure at 317 Genesee Street to four total units, the covenant will be filed before a building permit is granted with proof of filing of the covenant being shown to the Village, the parking space (additional 4th space) will be created or indicated on the plan before any permits are issued. The Board discussed the situation at length. Atty. Baum suggested that he would talk with Mr. Clark about the parking; a parking plan will need to be shown and the road parking can’t be included in the equation. This action tabled until the next regular meeting.
Mike Addison – 542 Tuscarora Road
The Board members reviewed the area variance request submitted by Mike Addison of 542 Tuscarora Road. He is requesting he be allowed to place a shed on his property that exceeds the height regulation. He is asking relief to have a shed 14 ft in height. The application is not completely filled out. The answers need to be clarified with more information as to why the applicant needs a taller shed. The Board also recommended that his wife’s name and signature be added to the application. The Secretary was asked to contact applicant to have the application completed. The Board tentatively scheduled a public hearing for June 14, 2016 at 7 p.m. subject to the completion of the application as noted above. If the application is not completed correctly, then the public hearing will not be scheduled. Once the application has been completed, the Secretary will send information to Madison County Planning Board and the Village Planning Board for their review and recommendation.
The next meeting is June 14.
With no further business, meeting adjourned at 8:17 p.m. upon the motion made by Brian O’Connor and seconded by Gene Dayton. All members present voting in favor.
Jill A. Doss