October 15, 2018 - ZB

October 15, 2018

Present: Dan Welker, John Ceresoli, Gene Dayton, Brian O’Connor, Paul Adams, Jason Tardio, Counsel Bell, Jeff Geer, Mr. & Mrs. Rob Smith, Anthony Cannavino, Mrs. Doss

Chairman Welker called the public hearing to order at 7:07 p.m.

Rob Smith – 264 Genesee Street – Special Permit

Chairman Welker asked John Ceresoli to give the Board a brief overview of the information presented at the last Zoning Board meeting about the Smith special permit request. The Chairman asked Mr. Smith to make his presentation in regard to his request for 264 Genesee Street. Mr. Smith reported that he had purchased the building approximately four months ago from James Ryan Estate. Mr. Ryan had used the building for a two-bedroom apartment upstairs and a one-bedroom apartment downstairs and the remain portion of the downstairs he had used for his office. Mr. Smith had provided information to the Board from the Town of Sullivan Assessor’s office that showed the property as a two-bedroom property. Mr. Smith’s request was to convert the approximate 525 square foot office space into an efficiency apartment. There are currently exterior doors at the front and back of this space, which he intends to maintain. He has been working on cleaning up and repairing the upstairs and downstairs units and currently has them rented. He has also repaired the front step into the building which was in poor condition, as well as clean up the outside of the building.

The Board reviewed Chapter 148-37 F for special permit requirements.

  1. Reviewed
  2. Will not cause substantial injury to value of other properties-improvements will make the value appreciate
  3. Compatible with adjoining development and character of neighborhood – apartments and B&D Restaurant
  4. Adequate landscaping & screening – property is built at sidewalk in front and back yard is grass and parking with a few trees
  5. Adequate off-street parking and loading – four parking spaces are provided at the rear of the property -currently tenants one doesn’t drive and the second only has one vehicle, and Mr. Smith stated he would place a restriction in his lease restricting the tenants in the efficiency to only have one vehicle.
  6. There won’t be any exterior work that would cause erosion or increase run off
  7. The existing roads are sufficient
  8. Proposed activity conforms to applicable rules and regulation – Mr. Smith stated yes
  9. Proposed activity is in compliance with Site & Architectural Design – proposed plans including building and trim color are in keeping with area, parking is existing at the rear of the building.

Chairman Welker reported that the Madison County Planning Board has reviewed the application and are leaving it to local determination. The Board reviewed Chapter 148-37 G 1 Requirements for dwelling, in GB district

  1. Unit located above or behind a non-residential
  2. Any structure in GB which was originally built as a dwelling may be used in part or in its entirety for residential purposes. Paperwork provided through the Town of Sullivan assessor showing the structure as a two-family dwelling.

Chairman Welker asked if the Board had any further questions or comments. There were none. He then asked if anyone from the audience wished to comment. Anthony Cannavino, property owner across the street from 264 commented that he was in favor of the apartment conversion as it was helpful to have residences in the downtown and business area of the Village. With no further comments, the public hearing was closed.

Chairman Welker called the meeting to order at 7:18 p.m.


The Board members reviewed the minutes of September 17, 2018. Upon the motion made by John Ceresoli, seconded by Brian O’Connor, minutes of September 17, 2018 approved as written. All members present voting in favor.

Mr. Smith – 264 Genesee Street – Special Permit

The Board members reviewed the short form SEQR prepared by Mr. Smith on 8/9/18. The Board determines themselves to be lead agency for purposes of this application for SEQR and they determine this is an Unlisted Action with no environmental impact and a negative declaration. Motion made by Brian O’Connor, seconded by Jason Tardio with all voting in favor. The Chairman asked for a motion on the request for Special Permit. Upon the motion made by Brian O’Connor, seconded by Paul Adams, the Board moves to approve the Special Permit for 264 Genesee Street allowing the conversion of an existing office space on the first floor of the building to an efficiency apartment that the owner has agreed to limit the lease to allow for only one-vehicle. The Board discussed the motion. They inquired as to the amount of parking spaces that could be provided. The applicant can’t consider Route 5 for available parking as several months of the year no overnight parking is allowed. Mr. Smith said he believed he could make six spaces if he doubled up the parking, but then there would be no rear yard available. He commented that he would be willing to make a part of his lease applications a restriction on the number of vehicles the tenants could have. Jeff Geer commented that the parking spaces need to be 9 x 18, per the Code requirements. Mr. Smith stated he could make room for four spaces without doubling that would meet the requirement. There is also a provision in the Code under 148-38A that there isn’t a requirement for off-street parking in the GB District. Board discussed the information provided. The Chairman called for a vote.

John Ceresoli yes

Gene Dayton yes

Brian O’Connor yes

Paul Adams yes

Jason Tardio yes

Dan Welker yes

Motion approved. Request for Special Permit for 264 Genesee Street approved.

Chairman Welker advised Mr. Smith to get in touch with Jeff Geer in regard to the necessary permits for this project.


The Board discussed the special permit that was denied for Hilts/Wickens for multiple dogs. Counsel Bell advised that this process had originally started with the Court System and was in stayed position while the residents sought relief with the Zoning Board for a special permit. With the permit being denied and the applicants and the Court being advised of the denial, the time began running for a 30-day resolution. They are scheduled on the Court calendar for October 24, which was the soonest that it could be scheduled. The applicants have been advised that they need to remove all but two of the dogs at the property on or before Oct 24 deadline.

Next meeting

November 19, 2018

With no further business, meeting adjourned at 7:40 p.m.

Respectfully submitted,

Jill A. Doss

ZBA Secretary