Village of Chittenango, New York
Zoning Board 101617

Zoning Board of Appeals Meeting

October 16, 2017


Present:  Dan Welker, John Ceresoli, Gene Dayton, Brian O’Connor, Paul Adams, Counsel Bell, Mr. Geer, Mayor Keville, Trustee Bough Martin, Trustee Baldwin, Trustee Kopp, Jeff Geer, Bob Salmon, Bob Lake, Joyce Newkirk, Scott Pellman, Bob Freunscht, Rick Bartlett, Vincent Salvagni, Several P.I.G. students, Mrs. Doss


Chairman Welker called the Board meeting to order at 7:00 p.m.



The Board members reviewed the minutes of September 18, 2017.  Upon the motion made by John Ceresoli, seconded by Gene Dayton, minute s of September 18, 2017 approved as written.  All members present voting in favor.


Lot 6 Varick Drive

Mr. Freunscht appeared before the Board this evening to inquire about Lot 6 on Varick Drive that had been given a variance in 2015 by a request from Thomas Oot.  Mr. Freunscht is looking to purchase the lot to build a home for his granddaughter and the house he is proposing would require an additional variance for the front steps.  The lot is located on a cul-de-sac.  He wanted to know if the Zoning Board would entertain an addition to the variance granted in 2015 for front steps on the house, before he puts an offer in to purchase the lot.  The request would be for approximately 6 feet.  He stated he could slide the house slightly back or to the side, but would still have an issue with the front due to the configuration of the lot.  The Board said they would entertain an application for variance.  Mr. Freunscht stated he would be back before the Board in six months.


Vincent Salvagni – Sun Chevrolet/UCK One

Mr. Salvagni from Sun Chevrolet/UCK One appeared before the Board this evening to discuss the variance that was being applied for for the stockade fence on lot 113 Genesee Street at the rear/side of the newly created parking lot.  Due to an error in interpretation by the contractor for the fence, the fence was installed with the “good” side facing toward the parking area and not the neighbors.  Sun Chevrolet/UCK One is seeking a variance to keep the fence as it is, as it was the thought of the contractor that the plantings being used would grow in and the fence would be shielded with the plantings.  They are asking for help with the current situation.  A motion was made to schedule a public hearing by Gene Dayton for the November meeting, and Counsel Bell pointed out the SEQR would need to be corrected.  There was no second to the motion.  Mr. Salvagni asked if a variance was even an option or is there any way to accomplish or keep what they have in place.  The Board expressed the opinion that the situation was self-created and that would be something the Board couldn’t grant a variance for.   Mr. Salvagni stated that was withdrawing the application for variance for the fence.  The fee of $50 will be refunded back to Sun Chevrolet/UCK One.  The Board instructed Mr. Salvagni or the fence representative to get in touch with Mr. Geer in regard to the plan for the fence that will bring it into compliance.   A double faced (both good sides) fence was suggested.  Mr. Salvagni stated he will be in touch with Mr. Geer.


Mr. Bartlett – Burger King renovation – signage variance

Mr. Bartlett representing Burger King appeared before the Board to discuss the renovations that will be taking place at Burger King and the plan to change the signage at the facility.  He advised that he will be changing the free-standing sign and reader board below it, and placing one logo sign on the front of the building (4 ft. round), and a 5 foot round logo sign on the parking lot side of the building along with lettering on a canopy over the new entrance (side).  Having road frontage on two streets and because of the width of the property, they are allowed two signs –one front and one rear.  They will be placing one on the front, but want to move the logo sign to the side along with the letters over the entrance.  The free-standing sign would exceed Code, the side would be a location change, and the lettering would be a third sign.  The Code allows two attached/wall signs.  The Board discussed the information presented.   The Board scheduled a public hearing for November 20 at 7 p.m. for the sign variance requests for Burger King.  All members present voting in favor.  Counsel Bell advised the Board that this could be a coordinated review with the Planning Board for purposes of SEQR for the sign variance request and site plan review. 


Chairman Welker

Chairman Welker stated he would like to relinquish the Chairmanship of the Board and give someone else an opportunity to serve.  He recommended John Ceresoli for the position.  Chairman Welker would like to continue to serve on the Board, but just not in the Chairmanship position.  Mr. Ceresoli stated he would think about the idea and advise. 


Next meeting

The next regular meeting will be held on November 20, 2017 immediately following the public hearing at 7 p.m. 


Mayor Keville called the joint meeting of the Zoning Board of Appeals, Planning Board and Village Board to order.  The purpose of the meeting is to review the Land Use Activity Chart in the Village Zoning Code.  There are several lines in the Charts that Mayor Keville noted perhaps should be modified as far as use, use with special permit, not permitted in the General Business or Special Business zones.  The Boards spoke about the Chart being reviewed in conjunction with the Comprehensive Plan that the Village adopted in 2008.  The Plan is a guide.  Trustee Bough Martin commented that within the Plan, a Zoning Steering Committee is noted (which was never established) and perhaps that would be a useful tool to review any amendments that are being considered. 

The lines reviewed  19 Parish home and similar religious facility

                                    21 Hospital; college; institution

                                    22 Private club

                                     38 Commercial nursery (plants)

                                    42 Bank, financial institution etc

                                    46 Pet shop or grooming shop

                                    50 Automotive car wash

                                    68-Scientific research laboratory

The group spoke of perhaps a re-zoning of the corridor along Genesee Street, which would be a legislative action through the Local Law process.  The Board discussed the review process.  The group talked about the vision for the Village and what is envisioned for the character of the Village.  We have to be careful, we really need to know our vision, we can’t go back, we need to go forward. We need to decide what we want the character of the Village to be.  The group agreed this was a good start to conversation about the direction of the Village and items to think about for the Village’s future relative to the Village Code. 


With no further business, meeting adjourned at 8:45 p.m. upon the motion made by Chairman Welker, seconded by Brian O’Connor.  All members present voting in favor.


Respectfully submitted,




Jill A. Doss

ZBA Secretary

 ©2011 Village of Chittenango, New York