TOWN OF MARCY

COUNTY OF ONEIDA

STATE OF NEW YORK

PLANNING BOARD and ZONING BOARD OF APPEALS

 

DECEMBER 19, 2007

 

 

The Town of Marcy Planning Board and Zoning Board of Appeals held a Joint Public Hearing on Monday, December 19, 2007 at 7:00PM at the Marcy Municipal Building, 8801 Paul Becker Road, Marcy, New York.

 

THOSE PRESENT:               Planning Board Chairman Robert Lambe

                                                Planning Board Member Carl A. Annese

                                                Planning Board Member Pamela M. Gomez

                                                Planning Board Member Gordon W. Hathaway

                                                Planning Board Member George Robertaccio

                                                Planning Board Secretary Lori A. Wrobel

                                                Zoning Board of Appeals Chairman Carson E. Sorrell

                                                Zoning Board of Appeals Member Paul M. Evans        

                                                Zoning Board of Appeals Member Richard Panella

                                                Zoning Board of Appeals Member Frank J. Pinnisi

                                                Zoning Board of Appeals Member Lant C. Wagner                                         

 

Planning Board Chairman Robert Lambe and Zoning Board of Appeals Chairman Carson E. Sorrell called the Public Hearing to order with the Pledge of Allegiance at 7:00PM.

 

Planning Board Secretary Lori A. Wrobel read the Legal Notice that was published in the Observer Dispatch

on Friday, December 14, 2007.

 

 

 

MICHAEL VANSTRANDER for ARC for PROPERTY OWNED BY SANDRA LEWANDROWSKI

(Riverside Lanes), 9081 River Road

Area Variance

Site Plan Review

Tax Map Number 292.000-4-3

Zoned CG/General Commercial

 

Appeal Number 2007-109-19

Application Number 2007-24

 

Mr. Vanstrander attended the November 19, 2007 Planning Board Meeting and the December 3, 2007 Zoning Board of Appeals Meeting.  Mr. Vanstrander represents the ARC who would like to move into the existing building owned by Sandra Lewandrowski (Riverside Lanes). 

 

The use of the existing building will be for a Day Habilitation Center. 

 

 

           

Planning Board Meeting 12/19/07                                                                                                         Page 2

 

 

The Arc has applied for an Area Variance from the Zoning Board of Appeals for a Day Habilitation Center to be located in an existing building on a non-conforming lot with 100’ of frontage. 

 

Although this portion of River Road is owned and maintained by the Town of Marcy, it is located within 500’ of the New York State Barge Canal, therefore a 239 Review was required.

 

The Oneida County Department of Planning has recommended approval of this application.

 

A response has not been received from the New York State Canal Corporation.

 

Planning Board Chairman Robert Lambe asked if there were any comments or questions from the Public.

 

The plans were reviewed with an interested neighbor who was satisfied with the proposal. 

 

Zoning Board of Appeals Chairman noted for the record that there are no modifications proposed for the parking area at this time due to the National Grid easement. 

 

Mr. Vanstrander stated that they are currently negotiating with National Grid but have been informed that the parking area will remain as is.  Mr. Vanstrander stated that there is no additional pavement being proposed. 

 

Planning Board Chairman Robert Lambe asked if there were any comments or questions from the Board.

 

Planning Board Member Gordon W. Hathaway stated that he has had personal contact with the ARC who is very reliable and live up to and surpass their word. 

 

Planning Board Member Pamela M. Gomez asked if the property would remain owned by Sandra Lewandrowski.  Mr. Vanstrander stated that The ARC will actually purchase the property. 

 

Zoning Board of Appeals Member Lant C. Wagner questioned the National Grid right-of-way.  Mr. Vanstrander explained that National Grid actually owns the property in the right-of-way. 

 

Mr. Vanstrander explained that the access way was granted in 1925 and is a 30’ access way which they are limited to.

 

Zoning Board of Appeals Member Lant C. Wagner asked if the easement for the cell tower will remain.  Mr. Vanstrander stated that the easement for the cell tower will remain. 

 

Zoning Board of Appeals Member Richard Panella asked if this property would become tax exempt.  Mr. Vanstrander stated that this is a not for profit agency and that it will become tax exempt. 

 

Planning Board Chairman Robert Lambe stated that the cell tower issue will need to be discussed with the Town Assessor since that property cannot become tax exempt. 

 

Hearing no further comments, Planning Board Member Gordon W. Hathaway and Zoning Board of Appeals Member Lant C. Wagner made a motion to close the Public Hearing;  seconded by Planning Board Member Carl A. Annese and Zoning Board of Appeals Member Paul M. Evans.

All Members Voting:  Aye

 

Planning Board Meeting 12/19/07                                                                                                         Page 3

 

 

Planning Board Chairman Robert Lambe and Zoning Board of Appeals Chairman Carson E. Sorrell

call the Regular Meeting to order at 7:10PM.

 

 

MICHAEL VANSTRANDER for ARC for PROPERTY OWNED BY SANDRA LEWANDROWSKI

(Riverside Lanes), 9081 River Road

Area Variance

Site Plan Review

Tax Map Number 292.000-4-3

Zoned CG/General Commercial

 

Appeal Number 2007-109-19

Application Number 2007-24

 

Planning Board Members and Zoning Board of Appeals Members have reviewed the application for a Site Plan Review and an Area Variance to open a Day Habilitation Center for The ARC in an existing building on an existing lot with non-conforming frontage of 100’.  A 239 Review has been completed in accordance with General Municipal Law.  A Legal Notice was published in the Observer Dispatch as required by General Municipal Law.  A copy of the Public Hearing Notice was mailed to all property owners within 500’ of the proposed project.

 

Zoning Board of Appeals Members discussed the criteria for the Area Variance. 

 

Zoning Board of Appeals Member Frank J. Pinnisi made a motion to approve the application for an Area Variance to open a Day Habilitation Center for The ARC in an existing building on an existing lot with non-conforming frontage of 100’;  seconded by Zoning Board of Appeals Member Richard Panella.

All Members Voting: 

Zoning Board of Appeals Chairman Carson E. Sorrell   Abstain

                                                Zoning Board of Appeals Member Paul M. Evans                     Granted

                                                Zoning Board of Appeals Member Richard Panella                   Granted

                                                Zoning Board of Appeals Member Frank J. Pinnisi                    Granted

                                                Zoning Board of Appeals Member Lant C. Wagner                  Granted

 

Zoning Board of Appeals Chairman Carson E. Sorrell noted that he abstained from voting on this application due to a prior relationship with the applicant. 

 

Zoning Board of Appeals Member Frank J. Pinnisi made a motion for the following resolution;  seconded by

Zoning Board of Appeals Member Richard Panella.

All Members Voting: 

Zoning Board of Appeals Chairman Carson E. Sorrell   Abstain

                                                Zoning Board of Appeals Member Paul M. Evans                     Granted

                                                Zoning Board of Appeals Member Richard Panella                   Granted

                                                Zoning Board of Appeals Member Frank J. Pinnisi                    Granted

                                                Zoning Board of Appeals Member Lant C. Wagner                  Granted

 

 

 

 

Planning Board Meeting 12/19/07                                                                                                         Page 4

 

 

ZONING DECISION: Area Variance Granted            

 

APPEAL ACTION

 

Appeal Number:  2007-109-19                                  Dated:  December 3, 2007

 

TO:      MICHAEL VANSTRANDER for THE ARC

9081 River Road

Marcy, New York   13403                                                                 Tax Map Number 292.000-4-3

 

At a meeting of the Zoning Board of Appeals on December 19, 2007 the referenced appeal was considered and the action indicated below was taken on your request for an Area Variance to the Town of Marcy Zoning Ordinance.

Application for an Area Variance to open a Day Habilitation Center for The ARC in an existing building on an existing lot with non-conforming frontage of 100’. 

 

By resolution of the Board, it was determined that:

 

There is not sufficient area available to the Appellant to satisfy the frontage requirement of 150’.

 

It was further determined that:

 

a.         The requested variance will not produce an undesirable change in the character of the neighborhood.

b.         No substantial detriment will be created to nearby properties.

c.         There was no other feasible method available for you to pursue to achieve the benefit you seek other than the requested variance.

d.         The requested variance is not substantial.

e.         The proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district.

f.          The alleged difficulty was not self-created.

g.         The variance is the minimum necessary to grant relief from your difficulty.

 

CONCLUSION:  Therefore, it was determined that the requested variance be granted, and that the previous decision of the Enforcement Officer be reversed.

 

Zoning Board of Appeals Member Lant C. Wagner made a motion to adjourn the Zoning Board of Appeals Meeting at 7:21PM;  seconded by Zoning Board of Appeals Member Paul M. Evans.

All Members Voting:  Aye

 

Mr. Vanstrander noted that the cell tower has an existing gravel road accessing their site. 

 

Planning Board Chairman Robert Lambe stated that he does not believe that the cell tower is located on this

property but that the applicant should double check with the Town Assessor.

 

Mr. Vanstrander stated that National Grid does not want any of the pavement touched.

 

Planning Board Meeting 12/19/07                                                                                                         Page 5

 

 

Mr. Vanstrander stated that The ARC will be putting a green area around the entrance way. 

 

Mr. Vanstrander stated that they may install a 12’ x 12’ sign.  Planning Board Chairman Robert Lambe noted

that an Area Variance from the Zoning Board of Appeals may be required for a sign that size.

 

Mr. Vanstrander stated that the sign would be lit on a couple of spots on the underside which will not be as

obvious as the existing sign for Riverside Lanes.

 

Mr. Vanstrander stated that the only new construction will be the canopy and a small modular greenhouse

which will be put down for program purposes.

 

Planning Board Members discussed the utilities. 

 

It was noted that the NYSDOT put in a new culvert approximately eight (8) years ago. 

 

Planning Board Member Carl A. Annese asked what would be done with the outside of the building.  Mr.

Vanstrander noted that they are not planning on doing much other than improving the existing block.

 

Planning Board Member Pamela M. Gomez made a motion that upon review of the information submitted by

the applicant, the Oneida County Department of Planning and the NYS Canal Corporation, the Board finds that the proposed action will not have a significant adverse impact upon the environment in light of the minimal amount of traffic, utility usage, and development involved, the conformance to the general nature of the neighborhood, and conformance to town development regulations;  seconded by Planning Board Member Gordon W. Hathaway.
All Members Voting: 

Planning Board Chairman Robert Lambe                       Aye

                                                Planning Board Member Carl A. Annese                       Abstain

                                                Planning Board Member Pamela M. Gomez                  Aye

                                                Planning Board Member Gordon W. Hathaway            Aye

                                                Planning Board Member George Robertaccio   Aye

 

Planning Board Member Gordon W. Hathaway made a motion to approve the application for a Site Plan

Review to open a Day Habilitation Center for The ARC in an existing building at 9081 River Road, with the condition that the size and location of the proposed sign meets all requirements;  seconded by Planning Board Member George Robertaccio.

All Members Voting: 

Planning Board Chairman Robert Lambe                       Aye

                                                Planning Board Member Carl A. Annese                       Abstain

                                                Planning Board Member Pamela M. Gomez                  Aye

                                                Planning Board Member Gordon W. Hathaway            Aye

                                                Planning Board Member George Robertaccio   Aye

 

Planning Board Member Carl A. Annese explained that he abstained from voting since he is an ARC Board Member. 

 

Mr. Vanstrander may contact Codes Enforcement Officer Timothy Russell for the required permit(s).

 

           

Planning Board Meeting 12/19/07                                                                                                         Page 6

 

 

BOB LYNN of BOB LYNN SEPTIC, SEWER AND EXCAVATING for PROPERTY OWNED BY

MARCELLA TURZANSKI, Trenton Road

Site Plan Review

Tax Map Number 294.000-3-11 and 18

Zoned CN/Neighborhood Commercial

 

Appeal Number 2007-00-22

 

Planning Board Members have reviewed the application for a Site Plan Review to construct a building for an office as well as commercial equipment storage.  A 239 Review has been completed in accordance with General Municipal Law.  A Legal Notice was published in the Observer Dispatch as required by General Municipal Law.  A copy of the Public Hearing Notice was mailed to all property owners within 500’ of the proposed project.

 

Planning Board Members reviewed the revised plans and noted that the proposed sign has been removed and that the details of the driveway have been provided as requested. 

 

Planning Board Members were given a copy of the letter from Don Ehre addressing all of the concerns noted by the Oneida County Department of Public Works.  A copy of the letter is also on file. 

 

Planning Board Member Pamela M. Gomez made a motion that upon review of the information submitted by

the applicant, the Oneida County Department of Planning and the Town of Deerfield, the Board finds that the

proposed action will not have a significant adverse impact upon the environment in light of the minimal

amount of traffic, utility usage, and development involved, the conformance to the general nature of the

neighborhood, and conformance to town development regulations;  seconded by Planning Board Member Carl A. Annese.

All Members Voting:  Aye

 

Planning Board Member George Robertaccio made a motion to approve the application for a Site Plan Review to construct a building for an office as well as commercial equipment storage on Trenton Road (property currently owned by Marcella Turzanski), as revised;  seconded by Planning Board Member Gordon W. Hathaway.

All Members Voting:  Aye

 

Mr. Lynn may contact Codes Enforcement Officer Timothy Russell for the required permit(s).

 

 

 

MARTY MAIO and MICHAEL PFLUKE (Marty’s Jungle), 6002 Trenton Road

Site Plan Review

Tax Map Number 294.000-3-12

Zoned CN/Neighborhood Commercial

 

Application Number 2007-25

 

Mr. Maio attended the November 19, 2007 Review Panel Meeting.  Mr. Pfluke recently purchased Marty’s Jungle located on Trenton Road and would like to open a restaurant/deli in the existing building.  Mr. Pfluke is also proposing a convenience store for this same building. 

Planning Board Meeting 12/19/07                                                                                                         Page 7

 

 

Mr. Maio stated that he would be leasing space from Mr. Pfluke. 

 

It was noted that Mr. Pfluke will have a business office located in the building. 

 

Planning Board Members questioned what the existing shed will be used for.  Mr. Pfluke stated that the shed is currently used for cold storage and that it will probably be demolished in the future. 

 

Mr. Maio stated that he is proposing to open a convenience mart and a pizzeria in the portion of the building that he will be leasing. 

 

Planning Board Member Pamela M. Gomez questioned the utilities since this parcel currently has a septic system and a well. 

 

Mr. Maio stated that he has been talking with the Water Board about connecting to the water line. 

 

Mr. Pfluke stated that he is not proposing any changes to the existing driveway. 

 

Planning Board Chairman Robert Lambe noted that a retail store will be the primary use with the food (pizzeria) as the accessory use which is allowed through a Site Plan Review. 

 

Planning Board Member Gordon W. Hathaway made a motion to accept the application to open a convenience mart and pizzeria in the existing building located at 6002 Trenton Road and to forward plans and paperwork to the Oneida County Department of Planning, the Oneida County Department of Public Works, the Oneida County Department of Health, NYS Department of Transportation, the Mohawk Valley Water Authority and the Town of Deerfield for a 239 Review;  seconded by Planning Board Member Pamela M. Gomez.

All Members Voting:  Aye

 

It was noted that there will be no outside renovations, other than painting the existing building. 

 

Planning Board Member Pamela M. Gomez made a motion that the Board finds the proposed application is an unlisted action under Environmental Conservation Law, Article 8 (SEQR) potentially involving the following other agencies:  the Oneida County Department of Planning, the Oneida County Department of Public Works, the Oneida County Department of Health, NYS Department of Transportation, the Mohawk Valley Water Authority and the Town of Deerfield.  Further, the Board accepts the lead agency role and will proceed as such unless otherwise notified by another agency.  The short form EAF submitted by the project sponsor, along with other information brought to its attention by interested parties will be used to determine the significance of the action;  seconded by Planning Board Member Carl A. Annese.

All Members Voting:  Aye

 

Mr. Maio and Mr. Pfluke will be notified by mail of their Public Hearing date.

 

 

 

 

 

 

 

Planning Board Meeting 12/19/07                                                                                                         Page 8

 

 

WILLIAM GRACE, Edic Road

Minor Two (2) Lot Subdivision

Tax Map Number 000.000-0-0

Zoned R-20/Residential 20,000

 

Application Number 2007-26

 

Mr. Grace attended the November 19, 2007 Review Panel Meeting.  Mr. Grace owns a large parcel of land on Edic Road that is “split” by Edic Road.  Mr. Grace recently sold a portion of the property and retained the opposite side of the property.  Mr. Grace recently filed a subdivision plan with the Oneida County Clerk that did not have the required stamp and signature from the Planning Board. 

 

Mr. Grace noted that New York State took a portion of his property in 1984 and then constructed the road which went right through the property. 

 

Planning Board Chairman Robert Lambe explained that the property has to be legally subdivided and that a surveyed plan will be required by the Planning Board in order to subdivide the property into two (2) lots. 

 

Mr. Grace stated that EDGE will purchase the larger parcel. 

 

Although Edic Road is a Town Road, this property is located within 500’ of State Property, therefore a 239 will be required.

 

Planning Board Member Carl A. Annese made a motion to accept the application for a Minor Two (2) Lot Subdivision and to forward plans and paperwork to the Oneida County Department of Planning, the Oneida County Department of Public Works, the NYS Department of Transportation and SUNY for a 239 Review;  seconded by Planning Board Member Pamela M. Gomez.

All Members Voting:  Aye

 

Planning Board Member Pamela M. Gomez made a motion that the Board finds the proposed application is an unlisted action under Environmental Conservation Law, Article 8 (SEQR) potentially involving the following other agencies:  the Oneida County Department of Planning, the Oneida County Department of Public Works, the NYS Department of Transportation, and SUNY.  Further, the Board accepts the lead agency role and will proceed as such unless otherwise notified by another agency.  The short form EAF submitted by the project sponsor, along with other information brought to its attention by interested parties will be used to determine the significance of the action;  seconded by Planning Board Member Carl A. Annese.

All Members Voting:  Aye

 

Mr. Grace will be notified by mail of his Public Hearing date.

 

 

 

 

 

 

 

 

Planning Board Meeting 12/19/07                                                                                                         Page 9

 

 

MATT WHITAKER for PROPERTY OWNED BY GEORGE WHITAKER, 6750 Ritchie Road

Area Variance

Property Line Change

Site Plan Review

Tax Map Number 261.000-3-45.1 and 46

Zoned AG/Agricultural

 

Application Number 2007-27

 

Mr. Whitaker attended the November 19, 2007 Review Panel Meeting.  Mr. Whitaker owns property on Ritchie Road and will be taking a portion of the adjoining parcel owned by George Whitaker.  Mr. Whiteaker has an existing home on Lot 46 and is proposing construction of a 40’ x 80’ accessory building on Lot 45.1 which will be used for Ag purposes. 

 

Mr. Whitaker noted that the proposed accessory building will be used for personal storage and agricultural purposes. 

 

It was noted that Mr. Whitaker is not located in an Oneida County AG District but he is adjacent to them on three (3) sides. 

 

It was noted that Mr. Whitaker’s father owns the property surrounding his on three (3) sides. 

 

Planning Board Members explained that Mr. Whitaker will need to apply for an Area Variance from the Zoning Board of Appeals for the size of the accessory building. 

 

Planning Board Members explained the process. 

 

Mr. Whitaker will attend the January 7, 2008 Zoning Board of Appeals Meeting in order to apply for the Area Variance for the construction of a 40’ x 80’ accessory building. 

 

Mr. Whitaker stated that he will not be able to attend the meeting so he will be sure to drop off the completed application. 

 

 

 

OTHER BUSINESS

 

Planning Board Representative Engineer Alan M. Swierczek was present and discussed the MS-4.  Planning Board Members discussed who they would like to represent the Planning Board and work with Alan on this project. 

It was noted that a check will be completed at any Review Panel Meeting to see if the application is located in an MS-4 area.  The actual MS-4 area will also be put on the Town’s website. 

Planning Board Member George Robertaccio stated that he would be willing to work with Planning Board Representative Engineer Alan M. Swierczek re. MS-4. 

 

Planning Board Representative Engineer Alan M. Swierczek gave a brief update re. ongoing projects including, Dunkin Donuts which he is still waiting for a final set of plans for approval;  and Michael’s Lane who he has not heard from the Engineer concerning his review comments.

Planning Board Meeting 12/19/07                                                                                                         Page 10

 

 

Planning Board Members agreed to put the Michael’s Lane project on hold and noted that no consideration will be given to this project until Spring when it can be properly inspected.  John Roberts will be notified that the Planning Board will require a Letter of Intent from him as well as two (2) weeks notice prior to attending any meeting. 

 

Planning Board Member Pamela M. Gomez made a motion to recommend that Carl A. Annese be reappointed as Planning Board Member since his term ends 12/31/07;  seconded by Planning Board Member Gordon W. Hathaway.

All Members Voting: 

Planning Board Chairman Robert Lambe                       Aye

                                                Planning Board Member Carl A. Annese                       Abstain

                                                Planning Board Member Pamela M. Gomez                  Aye

                                                Planning Board Member Gordon W. Hathaway            Aye

                                                Planning Board Member George Robertaccio   Aye

 

 

Planning Board Member George Robertaccio will attend the December 13, 2007 Town Board Meeting. 

 

The next Master Plan Meeting will be held on Monday, January 14, 2008 beginning at 6:30PM.

 

The next Planning Board Meeting will be held on Monday, January 14, 1008 at 7:00PM.

 

Tentative Agenda:  Morris Eghigian, Public Hearing

 

 

Having no further business, Planning Board Member Gordon W. Hathaway made a motion to adjourn the Meeting at 9:21PM;  seconded by Planning Board Member Carl A. Annese.

All Members Voting:  Aye

 

 

Respectfully submitted,

 

 

Lori A. Wrobel

Planning Board Secretary

December 31, 2007