Planning Board of the Village of Aurora
Aurora, New York 13026
Minutes
May 13, 2009
PUBLIC HEARING: Home Occupation #1
Present: Kenneth Kabelac, Chair, Patricia Bianconi, William Maloney and Sara Wells
Also Present: Village Attorney Andrew Fusco (arrived 7:05 PM)
Village Residents: David Brooks, Dan DiSanto, Virgil Farlow, Rev. Robert French, Nancy Gil, Scott Heinekamp, CJ Koepp, Jay O’Hearn, John Place, Paddington and Todd Zwigard
Attorney Tim Cappuccilli
Deborah Brooks, Deputy Village Clerk
Chairman Kabelac opened the Public Hearing at 7:00 PM with Application #09-03 John Place for a Home Occupation of Massage Therapy at 327 Main Street. Chairman Kabelac asked the applicant to explain his application. Mr. Place said that this service is for two (2) hour sessions and that there was parking for home owners vehicles in two (2) car garage with two (2) outside at ground level. Chairman Kabelac also noted that the statement said that there would not be many people coming and going. Chairman Kabelac opened the floor to the public for comment. Nancy Gil stated, as the former Chair of the Planning Board, that she saw no reason that this Board should not encourage a business such as this and felt that the application met the criteria of the Village Zoning Law. Chairman Kabelac informed the public that the outside space was designated by the Planning Board as a turn around for the neighbors at Lyon House so they could access their garage in the rear of their home. Mr. Place remarked that the area would only be used for unloaded and occasional parking.
Mr. Maloney asked if Mr. Place intended to erect a sign on his property. Mr. Place responded that he had no plans for one at this time, but maybe in the future.
Mr. Farlow remarked that more people are working at home and not necessarily in a planned business district, as in the past. Mr. Farlow noted that this was good thing as it reduced the use of fossil fuels and supported everyone needing to be able to make an income.
Chairman Kabelac informed his Board that Code Enforcement Officer Doug Staley would also have to see to it that all the rules and regulations for NYS were enforced.
Chairman Kabelac asked Mr. Place as to the location of his office inside the home and to the size of the area. Mr. Place responded that his office is located under the south porch area of the house in the basement and is approximately 10’ x 14’. Discussion ensued with Mrs. Gil asking what constituted ground floor of a property.Mrs. Wells referred to Section 901 #F of the Village of Aurora Zoning Local Law # 1 of 2008 noting that only 25% of the ground floor space could be used. Further discussion noted that the size allowance had been met.
Chairman Kabelac closed the Public Hearing for Application #09-03 at 7:15 PM.
PUBLIC HEARING: Home Occupation #2
Chairman Kabelac opened the Public Hearing at 7:16 PM for Application #09-05 Todd Zwigard for a Home Occupation of an Architect Practice at 331 Main Street. Chairman Kabelac asked the applicant to explain his application. Mr. Zwigard informed the Board that he would be using one room on the main floor with a separate entrance from his living space. Mr. Zwigard noted that he didn’t expect to have only a few clients at his office as he has other offices in the area to meet with people. Mr. Zwigard said that there would be no sign and that the two (2) shared driveway parking spaces and that the addition of the car port would remove his cars from State Route 90 for use by clients. Chairman Kabelac asked the public for comments. Mrs. Gil again reminded the Board that as former chair of the Planning Board she saw no reason why this application could not be granted according to the current Zoning Laws and that allowing for home businesses was good for the economy of the Village. Mr. Place (neighbor to the south) saw no problems with this request. Rev. French spoke on behalf of the United Ministry Church (neighbor to the north) saying that he saw no problems with this business as hours of business usually would be different from the Church’s use, so that parking would not be compromised. Mrs. Wells added that the Preschool housed at the church only has a rush of parents dropping off children 15 minutes prior at 9 AM and 15 minutes at noon to pick up.
Mr. Maloney questioned why the Code Enforcement Office hadn’t used Section 32 of the Village Law to handle these applications as businesses. Attorney Fusco said that he would address this later.
Chairman Kabelac closed the public hearing for application #09-05 at 7:26 PM.
REGULAR MONTHLY MEETING
Present: Kenneth Kabelac, Chair, Patricia Bianconi, William Maloney and Sara Wells
Also Present: Village Attorney Andrew Fusco (arrived 7:05 PM)
Village Residents: David Brooks, Dan DiSanto, Virgil Farlow, Rev. Robert French, Nancy Gil, Scott Heinekamp, Laura Holland (arrived 8 PM), CJ Koepp, Chris MacCormick (arrived 7:28 PM), Jay O’Hearn, John Place, Paddington and Todd Zwigard
Attorney Tim Cappuccilli
Deborah Brooks, Deputy Village Clerk
Chairman Kabelac opened the monthly meeting at 7:27 PM. Chairman Kabelac asked for approval of the November 12, 2008 Minutes. He noted that due to either lack of quorum or no business, the Board had not met until now to approve these minutes. Mrs. Wells moved approval of the November 12, 2008 Minutes. Mr. Maloney seconded the motion. Motion Carried 4:0.
Announcements - Mrs. Bianconi handed out copies of the Special Use Permits material giving out at the Cayuga County Planning Board meeting last evening. She said the presentation was based on the Town of Fleming’s recent Zoning changes and was very informative. (MacCormick arrived)
Chairman Kabelac informed the Board that they have been invited by Mayor Gunderson to attend the May Village Association Dinner at the Aurora Inn on Tuesday, 5/26/09 at 6:30 PM. Mr. Kabelac noted that the Board was responsible to pay for their spouse/guest at the cost of $18.00. The program will be about the Proposed Finger Lakes Museum. Reservations are to be placed with Ms. Brooks.
Visitor Recognition - Chairman Kabelac asked Attorney Fusco for his comments.
Mr. Fusco pointed out the following:
1] Mr. Fusco noted that Section 32 was written more or less for professional people such as doctors or lawyers and that under these circumstances the applicants would be considered a mix use of home and office space. Mr. Fusco also recognized that Mr. Staley was correct to send the applicants to the Planning Board for Special Use Permits.
2] Mr. Fusco informed the Board that it was their decision as to what constitutes the first floor or the ground floor.
3] Mr. Fusco reminded all that as the area in question is in a Historical District a Long Form SEQR was required by all applicants who live within this District. Attorney Fusco did say that until the SEQR was completed and submitted to the Code Enforcement Officer for review; the files would be considered incomplete. Mrs. Bianconi questioned the 62 days statue. Attorney Fusco noted that the required time line does not start until the file is complete and then only the Planning Board needs to review the file as no Public Hearing will be needed. (Mr. O’Hearn left 7:45 PM)
New Business-
The Board and Attorney Fusco discussed Home Occupation Applications #09-03 & #09-05.
Mrs. Wells motion that the Board table applications #09-03 & #09-05 until all the paperwork was completed. Mr. Maloney seconded the motion.
Mr. Place asked why Mr. Fusco hadn’t informed them of this needed paperwork sooner as they had applied in March. Attorney Fusco said that he is hired by the Village to inform them of legal issues and that it is the responsibility of the applicant to question their own attorney for advice on issues they don’t understand. Mr. Maloney asked why there was inconsistency in the law. Mrs. Wells asked why the process couldn’t be streamlined so there would not be delays in applying for permits. Attorney Fusco stated that NYS sets up the regulations and that the municipalities have to enforce them using their Code Enforcement Officer. He further noted that it isn’t the job of neither the Village Clerk nor her Deputy to advise applicants of the laws and how to do the paperwork, as that is what Mr. Staley is supposed to do.
Chairman Kabelac called the question. Mrs. Wells, Mrs. Bianconi, Mr. Maloney and Mr. Kabelac voted all ayes. Motion Carried 4:0.
Attorney Fusco asked the applicants to prepare their SERQ forms as to how the businesses would impact the area as to use by their clients and parking per week, dust, etc.. (Gil left 8:04 PM) Ms. Koepp suggested a short letter be issued on how to do Special Permits. Mr. Fusco said that would be the responsibility of the Village Board to legislate any letter.
Old Business - none.
Returning to New Business:
Application # 09- 13 Dan DiSanto, 46 Sherwood Road, regarding the installation of deck on the front of his home within the footprint of the structure. Mr. DiSanto passed around a drawing of the plans for the Board to review. Mrs. Bianconi moved acceptance of the plans. Mr. Maloney seconded the motion. Motion Carried 4:0. Chairman Kabelac informed Mr. DiSanto that he needed to go to the CPP’s next meeting before his application would be completed.
Chairman Kabelac informed the Board that he had reviewed and signed off on Application #09-06 Susan & Ethan MacCormick 560 Main Street regarding constructing a new home in April, so as to allow for processing to other Boards as the Planning Board lacked a quorum. Code Enforcement Officer Staley has since issued a Building Permit.
Mrs. Bianconi moved acceptance of Application #09-06 final plans as presented. Mrs. Wells seconded the motion. Motion Carried 4:0. (Holland left 8:10 PM)
Application # 09- 12 Susanne Holland, 323 Main Street, regarding a driveway and parking area. Chairman Kabelac noted that previous plans had been submitted with questions going to Zoning Board of Appeals then the application was withdrawn. Chairman Kabelac reviewed the file informing the Board that Code Enforcement Officer Staley had sited Section 407.B of the Village of Aurora Local Law # 1 of 2008 as no front yard parking allowed. Discussion ensued. Attorney Fusco stated that the only recourse for the applicant to is going to the Zoning Board of Appeals. Mrs. Wells motioned sending Application #09-12 to the Zoning Board of Appeals. Seconded by Mr. Maloney. Motion Carried 4:0.
Application # 09- 07 Chris MacCormick, 53 Court Street regarding a log cabin shed/playhouse. (Farlow left 8:16 PM) Chairman Kabelac asked Mr. MacCormick if he had asked his neighbors for opinion of placing the structure on his property. Mr. MacCormick no one saw a problem with the project. Mrs. Wells (neighbor to the south) noted that they felt it was a very nice building. Mr. MacCormick added that the structure is 12 x 16 in size and would set on crush stone. Mr. Maloney motion approval of application #09-07 as submitted. Seconded by Mrs. Bianconi. Motion Carried 3:0:1, with Mrs. Wells abstaining as a neighbor. (Chris left 8:20 PM)
Application # 09- 09 Aurora Free Library, 370 Main Street regarding installation of four (4) lights to accent the front of the structure. Mr. Heinekamp explained to the Board the location for the lights. Mrs. Bianconi questioned the wattage noting her problems with the bright light at the bank shining into her home in the evening. Mr. Heinekamp said that they would determine wattage when the fixtures were installed and that they would use the least amount of light for effect. Mrs. Wells moved approval of Application #09-09. Mrs. Bianconi seconded the motion. Motion Carried 4:0.
Application #09-08 Todd Zwigard, 331 Main Street regarding car port, deck & hot tub. Attorney Fusco informed the Board and Mr. Zwigard that a SEQR was needed before any further discussion could take place on this project. Mr. Fusco recommended that Mr. Zwigard prepare the SEQR for both Applications #09-05 & #09-08. Mr. Zwigard asked the Planning Board to approve the deck addition without the Home Occupation this evening. Attorney Fusco advised the Board not to as they would be setting the Village up for an Article 78 Lawsuit. Discussion ensued. Mr. Zwigard informed the Board of the need to complete this project by August as they has planned a special party on the deck and have sent out invitations for the event. Attorney Fusco responded that as an Architect, Mr. Zwigard should be aware of the rules and regulations to process applications and the possible delays that come to projects of this type.
On the advice of Attorney Fusco, Mrs. Wells moved to table Application #09-08 until their June 10, 2009 meeting, so as the proper forms could be added to complete the application. Mr. Maloney seconded the motion. Motion Carried 4:0.
Chairman Kabelac stated to the room his thanks to Nancy Yann for her devotion to the Village as Clerk and her many hours of dedication to see to it that the office ran smoothly; to Debbie Brooks for her continuation to run the Clerk’s office since Nancy’s death with the same dedication; to Pat for her willingness to go to classes and come back to educate the Board and to Sara & Bill for their new views to projects and to Andy for all his advice and guidance to the Board. Chairman Kabelac then announced his resignation from the Planning Board to be effective immediately. He stated that he has disliked the Zoning Law ever since 1993 when it was first enforced and has watched over the years the frustration in which the applicants and the Board Members have endured to make the law work. Mr. Kabelac said that he was tired of the inconsistency the law still contains and the lack to find solutions by the Village Board. He noted that Mayor Gunderson now needed to appoint two (2) people to fill the vacant seats on the Board.
Mr. Maloney thanked Mr. Kabelac for his years of devotion and will miss his input at meetings. Mrs. Bianconi noted that it will be hard to find someone as experienced as he. Mr. Fusco asked Mr. Kabelac to postpone his resignation until after the June meeting, so as to finish the work at hand. Mr. Kabelac said he was done as of tomorrow, May 14, 2009.
Next Meeting will be Wednesday, June 10, 2009 at 7:30 PM.
Mr. Maloney moved adjournment at 8:50 PM. Seconded by Mrs. Wells. Motion carried 4:0.
Respectfully submitted,
Deborah M. Brooks
Deputy Village Clerk