ZBA Meeting July 10,2017	Page 1

BALDWINSVILLE ZONING BOARD OF APPEALS
16 WEST GENESEE STREET, BALDWINSVILLE, NEW YORK
The regular meeting of the Baldwinsville Zoning Board of Appeals was called to order on July 10, 2017 at 7:00 p.m. by Chairman, Jim Zuccolotto
Present: Jim Zuccolotto Chairman
Connie Taft Fred Thomas
Mr. John Rutkowski and Mr. Kevin Beverine were unable to attend tonight's meeting.
Also Present: Mary Augustus, Secretary
Gregg Humphrey, Code Enforcement Officer Bob Baldwin, Village Attorney
Guests: Sharon Henderson - 108 Downer Street
Mr. & Mrs. Sellers - 42 Braeside Rd.
Joshua O'Connor-49 East Genesee St.- O'Reilly Auto
Pledge of Allegiance
Motion  by Mr. Zuccolotto, second by Mr. Thomas to approve the minutes as submitted Motion carried with a vote of 3:0.
42 Braeside Rd. - AREA variance
Mr. & Mrs. Sellers were present at tonight's meeting. Chairman Zuccolotto explained the process of reviewing their application for an AREA variance. A Public Hearing would have to be held at August's meeting, neighbors will have to be notified.
Mr. Zuccolotto stated that Mr. & Mrs. Sellers will need a variance for the front yard setback, Article 345-9c which states each yard shall have a depth of 40-feet or a setback equal to its surrounding structures. They are requesting to remove existing porch and replace it with a pressure treated 30' x 8' porch and roof. Mr. Humphrey stated that Mr. & Mrs. Sellers house is in a R-1 district, which requires a 40' front yard set-back. He continued to explain after reviewing the survey of this neighborhood it appears the houses were at a 30' front yard setback. Mr. Humphrey will research this area and the original code when the homes were built.
Mr. Sellers addressed the Board and stated he and his wife are the second owners of the house at 42 Braeside Rd. The applicants brought in pictures of neighboring properties to show the front yards of homes in the development. Mr. Neil Smith, 38 Braeside Rd. was present to support the construction of the porch at his neighbor's house.

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Findings of Fact:
•	Harvey & Angela Sellers, 42 Braeside Rd. are seeking an AREA variance in an R-1 zone.
•	Variance is of Article IV 345-9 (c) front yard
•	To allow for the construction of a 30' x 8' porch with an overhang of 16" front yard setback of 25' 6" when built.
•	Why
•	When home built? (1987); When purchased (1988); How much?
•	Public presents for or against
•	Project cost? Approx. $18,000.00. Materials-base pressure treated wood
•	Board members familiar
•	Removal existing porch
•	Housing on either side have similar set-backs
•	Would improve house and area value of home
•	54" from road, right now (current 4', project 8 1/2' out)?
•	1 neighbor present for
The Board discussed the location of the front steps, suggesting a side set of steps for the entrance onto the porch. Mrs. Sellers explained the front door needs to be wheelchair accessible. Front steps directly onto the porch seems to be the best placement. The steps will extend 22" from the porch.
Motion by Mr. Zuccolotto to schedule a Public Hearing for a variance request for 42 Braeside Rd. August 14, 2017 @ 7:00pm, second by Mr. Thomas
Vote carried 3:0
Motion by Mr. Thomas to declared the variance request for 42 Braeside Rd. a Type II Action regarding SEQRA with no further action required, second by Ms. Taft.
Vote carried 3: 0
108 Downer Street - AREA variance
Ms. Sharon Henderson and her son were present to address the Board tonight. Ms. Henderson uses a wheelchair and needs a ramp for exit and entrance via the front door of her home located 108 Downer Street. Ms. Henderson is requesting a variance for a front yard set-back, Article IV 349-9 (c). Mr. Zuccolotto explain the house currently sets back 26' off the property line. The house is located in a R-1 zone with a required 40' set-back. Mr. Humphrey stated all the surround homes are equal distance of Ms. Henderson's house on Downer Street, again the houses were built prior to the new Code.
•	Ms. Henderson bought the house 37 years ago for $32,500.00.
•	There seems not to be an alternative to another placement of a ramp on this house.
•	The ramp will be 6-feet by 4-feet, it will extend 10-feet to the left of the house.
Ms. Henderson was considering a portable ramp instead of the having a new wooden ramp, and wondered if she would need a variance for that also. Mr. Humphrey stated it would not be

ZBA Meeting July 10,2017	Page 3

necessary to get a variance for the portable ramp, but Mr. Zuccolotto felt this would not be the safest avenue for Ms. Henderson.
It was discussed by the Board if this variance was granted that a condition would be consider having the ramp removed prior the sale of the house or if the ramp was no longer needed.
Motion by Mr. Zuccolotto to schedule a Public Hearing for a variance request for 108 Downer Street August 14, 2017 @ 7:15pm, second by Mr. Taft
Vote carried 3:0
Motion by Mr. Zuccolotto to declared the variance request for 108 Downer Street a Type II Action regarding SEQRA with no further action required, second by Ms. Taft.
Vote carried 3:0
49 East Genesee Street — O'Reilly Auto Parts
Mr. Joshua O'Connor was present tonight to address the Board. The site plan is slightly different then the last meeting. O'Reilly's has made the adjustment requested by the Board at the last meeting. We addressed the storm water management issue and added more green space on the Mechanic Street side of the building after the removal of the asphalt. Mr. O'Connor explained they are still working with DOT regarding the discrepancy with the boundary lines on this parcel. They are in the process of resolving this matter and updated the deed. Stage 1 and stage 2 of a stage 3 plan has been submitted to DOT.
It was confirmed that the proposed signs O'Reilly wants will have to go before the Architectural Review Board for approved. O'Reilly's is in an over-lay District which requires the sign application meets Village Code requirements.
Finding of Facts:
•	Request area variance for 49 E. Genesee St., Baldwinsville, NY
•	Applicant- PPD Amatos, Inc., 5028 Constitution lane, Liverpool, NY
•	O'Reilly Auto Parts new construction
•	Code Violation section- 345.72 AD&F
•	Code states — build to line shall be 13-15`from curb line and side walk span from building to curb.
•	Applicant seeks relief to allow proposed building to be 25 ft. back from the closest segment of the curb line of E. Genesee St.
•	Applicant has ample parking -23 locations
•	Existing building (old Burger King) will be demolished
•	New construction, facing is CMV, concrete structure
•	New building will have a corner entrance
•	No one was for / against the application in attendance
•	13 residents/ businesses were notified.
•	SOCPA provided no negative impact

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Onondaga County Planning Board determined that said referral will have no significant adverse inter-community or county-wide implications in their review dated June 21, 2017.
The Planning Board recommendation to the Zoning Board of Appeals to grant the variances as submitted.
Motion by Chairman Zuccolotto a Resolution to grant a variance of up to 10' of front setback relief from code section 345.72 A for construction of a retail building at 49 East Genesee Street. This variance will allow construction of the proposed building a maximum of 25' back from the curb line, second by Ms. Taft
Vote carried 3:0
Motion by Mr. Zuccolotto for a Resolution to grant a variance of for construction of the proposed building at 49 East Genesee Street from Code section 345.72 F front yard building alignment with East Genesee Street. This variance is granted due to the curved curb line at the South property line of this parcel, second Ms. Taft
Vote carried 3:0
Motion by Mr. Thomas to declare this a Type II Action under SEQRA with no further action required, second by Ms. Taft
Vote carried 3:0

VILLAGE OF BALDWINSVILLE
ZONING BOARD OF APPEALS
AREA VARIANCE FINDINGS & DECISION
UPON A MOTION BY MEMBER JAMES ZUCOLOTTO AND SECONDED BY MEMBER CONNIE TAFT, THE ZONING BOARD OF APPEALS PASSED THE FOLLOWING RESOLUTION:
WHEREAS, The applicant, O’Reilly Auto Enterprises, LLC, through its representative, Joshua O’Connor, came before the Zoning Board of Appeals on July 10, 2017, for a variance of the provisions of Village Code Article XXI, §345-72(A),(D) and (F), to allow construction of a proposed building at 49 East Genesee Street in the Village of Baldwinsville .
NOW, THEREFORE, BE IT RESOLVED, that the Zoning Board of Appeals adopts the following findings and decisions:
Applicant: O’Reilly Auto Enterprises, LLC
Zoning District: C and East Genesee Street Overlay District Published Notice on: May 31, 2017
Property Location: 6 Division Street
Use for which Variance is Requested: Construction of a proposed retail establishment Applicable Sections of Village Zoning Code: Article XXI, §345-72(A),(D) and (F) Permitted Uses of Property: Commercial
Tax Map No. 10.-09-7.0
I.	Notice Sent to the County Planning Board: 

X 	Response received
II.	SEQRA (State Environmental Quality Review Act) 
X 	Type II Action
III.	Findings of Fact: 
•	Request area variance for 49 E. Genesee St., Baldwinsville, NY
•	Applicant- PPD Amatos, Inc., 5028 Constitution lane, Liverpool, NY
•	O'Reilly Auto Parts new construction
•	Code Violation section- 345.72 AD&F
•	Code states — build to line shall be 13-15`from curb line and side walk span from building to curb.
•	Applicant seeks relief to allow proposed building to be 25 ft. back from the closest segment of the curb line of E. Genesee St.
•	Applicant has ample parking -23 locations
•	Existing building (old Burger King) will be demolished
•	New construction, facing is CMV, concrete structure
•	New building will have a corner entrance
•	No one was for / against the application in attendance
•	13 residents/ businesses were notified.
•	SOCPA provided no negative impact
IV.	Factors Considered: 
1.	Whether undesirable change would be produced in character of neighborhood or a detriment to
nearby properties:	Yes	 No  X
Reasons: The current structure is unoccupied and on a visible corner lot and the proposed construction will improve the visual quality of the neighborhood.
2.	Whether benefit sought by applicant can be achieved by a feasible alternative to the variance: Yes ______ No  X
Reasons: Because of the layout of the corner and the fact that the existing lot is not square, it is not feasible to follow the strict Code requirements regarding setback. The Code requirements, if followed, would also provide line of site problems for traffic at the corner which cannot be resolved architecturally without modification of the Code provisions for this site.

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3.	Whether the request variance is substantial: Yes ______ No  X
Reasons: The requested variance is not substantial because the setback is only ten feet and curbing required is minimal.
4.	Would the variance have an adverse impact on the physical or environmental conditions of the
neighborhood:	Yes ______	No  X
Reasons: The proposed construction would not have an adverse impact on the physical or environmental conditions of the neighborhood because the variance is so minimal and will not be visibly noticeable.
5.	Whether the alleged difficulty was self-created: Yes  X 	No	
Reasons: The property was acquired with knowledge of the Overlay District requirements.
IV.	DETERMINATION OF ZBA BASED ON THE ABOVE FACTORS: 
V.	The ZBA, after taking into consideration the above five factors, finds that:
X 	The benefit to the applicant DOES outweigh the Detriment to the Neighborhood or Community.
	 The benefit to the applicant DOES NOT outweigh the Detriment to the Neighborhood or
Community and therefore the variance requested is denied.
.
RECORD OF VOTE
Member Name
Aye	Nay
F. Thomas	Yes
C. Taft	Yes
J. Zuccolotto	Yes
Chairman Zuccolotto then declared the Resolution duly adopted.

I, MARY AUGUSTUS, CLERK OF THE ZONING BOARD OF APPEALS OF THE VILLAGE OF BALDWINSVILLE, hereby certify that the foregoing is a true and correct excerpt from the minutes of a meeting of said Board duly convened and held on July 10, 2017, a quorum being present.
CLERK
Motion by Mr. Zuccolotto to adjourn the meeting 8:27pm, second by Ms. Taft
Vote carried 3:0
Next meeting scheduled for August 14, 2017. Respectfully submitted,
Mary E. Augustus

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ZBA Secretary