TOWN OF SKANEATELES ZONING BOARD OF APPEALS ...

Present:
Dave Graham
Denise Rhoads
Jim Condon
James Lanning
Scott Winkelman
Scott Molnar, Attorney
Karen Barkdull, Secretary
TOWN OF SKANEATELES
ZONING BOARD OF APPEALS
MEETING MINUTES OF
November 1, 2011
Also Present: Tom Trytek John Cherundolo
David Eggert Thuan Loi
Bob Eggleston Ed Blum
Buzz Roberts Gretchen Roberts
Matt Drastal Mark Patterson Sr.
Denise Patterson Robert Liegel
Emily Whitcomb Travis Whitcomb
David Laxton Doug Dean
Mary Blum Peter Duenkelsbuehler
Bob DeWitt Schuyler Graham
Thomas Maher Emmanuel Campanile MD
Kevin Kelly Nancy Jacobs
Patricia Coppo Mary Kelly
The meeting commenced at 7:00 p.m. The next Zoning Board of Appeals meeting will be held
on December 5, 2011. The Zoning Board of Appeals will be conducting site visits on December
3, 2011. Previous distribution to the Board of the regular meeting minutes of September 6, 2011
and October 4, 2011 were executed and all members present acknowledged receipt of those
minutes.
WHEREFORE a motion was made by Vice Chair Rhoads and seconded by Member
Lanning to accept the September 6, 2011 minutes with minor corrections. The Board
having been polled resulted in favor of said motion.
WHEREFORE a motion was made by Vice Chair Rhoads and seconded by Member
Condon to accept the October 4, 2011 minutes with minor corrections. The Board having
been polled resulted in favor of said motion.
Preliminary Hearing
Applicant: David Eggert Property:
5075 Prairie View Drive 2568 East Lake Road

Z.B.A.11.01.2011
Camillus, New York Skaneateles, New York
Tax Map #036.-01-18.0
Present: David Eggert, Applicant
The property is a pre-existing nonconforming vacant lot on East Lake Road. The applicant is
proposing a driveway located 3.5’ from the north property line whereas 20’ is required. The lot
has had a new mound design septic system created to support a two bedroom dwelling. The
prior owner had received Onondaga County Department of Health approval for a septic system
to support a four bedroom dwelling; however, this would require the field to run the entire width
of the lot and the driveway would be placed over the supplemental fill.
Rudy Zona had submitted a letter dated October 6, 2011 explaining the lot attributes and his
design to accommodate a septic system. The proposed development of the lot for a single family
dwelling is conforming in all respects with the exception of the driveway setback. The lot steeply
slopes up in the back and the percolation tests failed in the back of the lot. The flag lot to the
north has the single family dwelling sited behind and to the south of the applicant’s lot. The
neighbor’s driveway is located on the narrow portion of the lot that lies along the northern
property line of the applicant’s lot. New York State DOT has approved the driveway cut for the
lot. A site visit will be conducted on December 3, 2011.
WHEREFORE a motion was made by Member Winkelman and seconded by Member Lanning
that this matter be put to public hearing to be scheduled on December 6, 2011 at 7:20 p.m. The
Board having been polled resulted in the unanimous affirmance of said motion.
Public Hearing
Applicant: John Cherundolo Property:
4443 Dolomite Drive West Lake Road, Route 41A
Syracuse, New York 13215 Skaneateles, New York
Tax Map # 061.-01-12.1
Present: John Cherundolo, Applicant; Tom Trytek, Technical Representative
The public hearing notice was read as requested. This notice was published in the Skaneateles
Journal on October 26, 2011. All members of the Zoning Board of Appeals attended the site
visit on October 22, 2011. The City of Syracuse defers comment pending review an approval of
the Onondaga County Department of Health approval of the sewage disposal plans and review of
NYSDEC NOI and complete SWPPP in their correspondence dated September 8, 2011.
Onondaga County Planning Board will be submitting their comments on the proposal later in the
week.
The 23 acres of farm land is located approximately 800FT south of the Marina on the west side
of Route 41A. The proposal is for five 9800SF boat storage buildings and 7,975SF
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storage/administrative building. This reflects a total building footprint of 56,975SF with a
maximum of 6,000SF allowed per Dimensional Table 2 in the RF district. The proposed metal
buildings will rest on slab on grade and not exceed 35FT in height. Landscaping will be placed to
mask the buildings. Five acres of the twenty-three acres will be developed with the remaining
eighteen acres farmed or left natural forest.
At their October 18, 2011 meeting the Planning Board requested the removal of the service
portion of the proposal. The drawings have also been updated to reflect the percolation testing at
the site. Updated plans, dated October 26, 2011, reflecting the changes have been submitted to
both boards.
Drainage plans will be detailed after the Zoning Board of Appeals approval process and the
Planning Board public information meeting being held on November 15, 2011. There is a
retention pond located at the front of the property.
Mr. Trytek shared the plans with the attendees as well as explained the proposal. Counsel
Molnar stated that with a coordinated review of the unlisted action, the Planning Board will be
lead agency in the SEQR determination and reminded the Board that no action can be taken until
the SEQR process has been completed by the Planning Board.
Chairman Graham commented that each of the five boat storage buildings will be 70’ x 140’ and
similar to the Greenfield barn that had been recently erected. Mr. Cherundolo stated the proposal
presented today is stage one of a three stage development plan. The development plan goal of
phase one is for tree-shielded seasonal boat storage away from the marina. The plan also
includes an administrative building being the only visible building at the facility with the
remaining five buildings shielded by trees and enclosed by a 6’ fence. Trees will line the front
and along the back of the property. There is currently boat storage on the marina property year
round and removal of the boats would allow better visibility of the lake. The fall and
spring/early summer would be the most active time for boat movement between the marina and
the proposed storage facility. Currently, the boats are stored at the marina, another facility in
Onondaga Hill and on the Habermas property. Mr. Cherundolo stated that having the boat
storage scattered at three locations is not the most cost effective way to manage the boats. Phase
two will be a renovated dock area and expansion of the forty boat slips to the licensed one
hundred fifty-four boat slips in the summer and phase three involves re-development of the
property south of the marina. The intended use for the phase one proposal presented today is
for seasonal storage of boats as there is a lack of available storage in the community. The goal
is to provide a secure storage area for boats that is in close proximity to the marina and less
visible to the surrounding neighbors and community.
Member Lanning inquired whether there will be any outdoor boat storage at the proposed boat
storage facility. Mr. Cherundolo stated that the boats would be stored in the buildings only.
Member Lanning asked if the dimensions of the front building will be reduced since the
proposed service center is now off the proposal. Mr. Cherundolo stated that the building has not
been reduced as he may want to re-visit that aspect of the proposal at a later date. Moving the
service from the lake to the boat storage facility is a more environmentally sound idea than
Z.B.A.11.01.2011
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leaving it at the lake. Currently, there are 135-150 boats stored on the water and at the marina
during peak season, and during the winter season they are stored at the marina and elsewhere.
The total number of boats to be stored at the proposed facility would be approximately 150-250
boats, depending on their size, with the boats parked on the concrete slab and not racked in the
buildings. Member Condon inquired on the construction schedule. Mr. Cherundolo stated that
all of the boat buildings would be constructed at the same time.
Chairman Graham stated that the open space for the RF district is a minimum of 80% and the
proposal reflects 90%; the impermeable surface coverage allowed maximum is 10% with the
proposal reflecting 9.15%.
The Zoning Board of Appeals adopted the following resolution regarding the proposed Planning
Board Lead Agency SEQR Review- Mandana Farms LLC.
WHEREAS, the Zoning Board of Appeals reviewed the Lead Agency SEQR Review –
Mandana Farms LLC;
AND WHEREFORE, a motion was made by Vice Chair Rhoads and seconded by
Member Condon to endorse the designation of the Planning Board of the Town of Skaneateles as
lead agency for SEQR determination.
Z.B.A.11.01.2011
Record of Vote
Chair David Graham Present [Yes]
Vice Chair Denise Rhoads Present [Yes]
Member Jim Condon Present [Yes]
Member James Lanning Present [Yes]
Member Scott Winkelman Present [Yes]
At this time Chairman Graham opened the public hearing and asked if there was anyone wishing
to speak in favor of the application. There was no one who wished to speak in favor of the
proposal. Chairman Graham asked if there was anyone wishing to speak in opposition, or had
any other comments.
A letter from Robert Liegel, 2030 West Lake Road, was submitted requesting the Board to deny
the application. Gretchen Roberts, 1874 West Lake Road, spoke on behalf of Vincent & Susan
Powell, 1870 West Lake Road. The Powells live across from the proposed facility and requested
that the zoning not be changed in the area from agricultural to commercial as it would impact
traffic, speed on the road and would be detrimental to property values. An opposition letter from
the Powells was submitted. CEO Williams clarified that there is no change to the zoning for the
RF district. The RF district allows a warehouse use and that the applicant is not asking for a use
variance, but an area variance for building footprint exceed the 6,000SF allowed in the RF
district as stated on dimensional table 2.
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Doug Dean, 1785 West Lake Road, inquired how the residential area is now allowing warehouse
activity. Chairman Graham clarified that it has been allowed in the RF district since the zoning
code was introduced in 1996.
Matthew Drastal, 1882 West Lake Road, stated that he is not favor of the proposal for two
reasons, toxic chemicals entering the lake and the potential fire hazard of stored boats. The fuel,
oil and battery acid for boat use could potentially spill from the boats in the proposed boat
storage buildings and drain into Skaneateles Lake. Since the boats are usually stored fully
fueled, there is a potential for fire in the proposed boat storage buildings. Mr. Drastal submitted
a letter of opposition to the proposal along with his research on boat storage fires that have
occurred nationally since 1972. Member Condon stated that the potential for fuel spills already
exists where some of the boats are stored currently lakeside at the marina and that the proposal is
for storage further away from the lake.
Ed Blum, 1884 West Lake Road stated that the proposal would increase the tractor traffic that
already exists on West Lake Road from the marina. He continued stating that the marina is not
providing adequate tractor training for their staff and they do not use brake lights or directional
lights on the trailers. Currently there is boat trailer storage behind Lakeview Auto during boating
season. He also expressed concern for the chemicals used to clean the boats and the antifreeze
used for storing the boats draining into the lake. He is against the proposal and stated that the
problem will only get worse with the larger parcel.
William Roberts, 1874 West Lake Road, stated that he is not in support of the proposal. The
requested variance is 900% over the allowable 6,000SF building footprint and would be very
visible to the neighborhood with each of the buildings having a height of 35FT. He suggested
that the applicant move the boat storage facility to a commercial zone away from the lake. A
letter of opposition was submitted.
Travis Whitcomb, 1889 West Lake Road, stated that he is against the proposal as the large
building footprint requested would decrease their privacy and increase the traffic in the area.
The applicant’s proposal is next door to his property and it would decrease the value of the
property and remove the rural character of the neighborhood.
Emmanuel Campanile, 1838 West Lake Road, stated that he is against the proposal and wants to
keep the rural and agricultural features of the area.
Peter Dunkelsbuehler, 1675 Tamarack Lane, stated that the zoning code should be changed to
have greater setbacks for commercial buildings to reduce the visibility of the buildings.
Schuyler Graham, 1983 West Lake Road, expressed his concern that the first storage building
should not become a retail space. He continued stating that the proposal is a commercial
venture.
Mark Patterson Sr., 1901 West Lake Road, is not in favor of the proposal as it will change the
character of the neighborhood form residential to commercial. There will be more tractor traffic
Z.B.A.11.01.2011
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on the road with the potential for accidents. The neighborhood has had flooding issues shown on
the photos submitted. There will be toxic chemicals used that could end up in the lake. Mr.
Patterson submitted a letter outlining his objections to the Board for their review.
Dr. Thomas Maher, 1990 West Lake Road, expressed his concern with the chemicals being used
and the increase in traffic on Route 41A. He stated that the road is already unsafe at the corner
of Route 41A and Route 359 as motorists do not pay attention to pedestrians.
Nancy Jacob, 1916 West Lake Road, stated that she was concerned with drainage and flooding.
She shared pictures from 2005 of the flooding damage suffered in the neighborhood.
Mary Blum, 1884 West Lake Road, referenced section 148-1 of the Town of Skaneateles code
expressing her opposition to the proposal. Concerns with traffic, drainage and change in
character of the neighborhood were addressed. Mary Blum submitted a letter outlining her
objections to the Board for their review.
Davie Laxton, 2354 West Lake Road, owner of the property next to the applicant’s property,
stated that the hill to the south drains though the applicant’s property and the position of the
buildings will be impacted by the drainage if the drain tiles that are in place fail.
Kevin Kelly, 1902 West Lake Road, stated that the creek at the back of the applicant’s property
drains onto his property and has caused land erosion. He continued stated that he does not want
the proposed boat storage negatively impacting his property.
Doug Dean, 2375 West Lake Road, inquired if the Board has done an environmental study. New
York State DOT was part of the drainage problem and they have caused most of the drainage
problems on the Patterson property. He continued stating he is concerned with the building
runoff causing the drainage problems to worsen. Chairman Graham stated that the Planning
Board will be performing the coordinated SEQR process and site plan review. The Planning
Board will be discussing many of the issues discussed tonight and informed the attendees that the
Planning Board will be holding a public information meeting on the application of Mandana
Farms LLC on November 15, 2011 at 7:35 pm.
Tom Trytek, the applicant’s representative, stated that the proposal has been designed with
regard to unusual storm events to anticipate any issues resulting from a 100 year storm event, etc.
The DEC sets the standards regarding retention ponds and other remedial drainage activity. The
Onondaga County Department of Health regulates where and how a septic system is designed
and must approve the design prior to implementation. The septic system for the administrative
building is designed for a 1000 gallon water use per day and the reality is that the system will
probably use 100-200 gallons a water per day. The septic system design is only for bathroom
use.
Counsel Molnar reminded the attendees that the SEQR review is a coordinated review that will
be completed by the Planning Board. Included in the SEQR review will be NYDOT requirement
Z.B.A.11.01.2011
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for trip generation and a drainage report. He continued stating that the Zoning Board of Appeals
cannot render their decision until the SEQR process has been completed.
Mark Patterson, 1901 West Lake Road, inquired the interior height of the storage buildings. Mr.
Trytek stated that the roof is designed to slope so as not to retain snow in the winter giving the
interior of the buildings a 31’ peak and sloping to 16’ side ceiling height.
William Roberts, 1874 West Lake Road, stated that he is concerned that the appearance of the
proposal will feel like the Bombard storage buildings but on a larger scale since the Bombard
buildings are only 15’ in height.
Robert Leigel, 2030 West Lake Road, stated that he does not want the applicant’s problems to
become his own. He currently receives his drinking water directly from the lake and does not
want to see effluent leaching into the lake from the raised bed septic system designed for this
proposal. There were two prior boat launch applications that have been denied in the past for the
marina because of the potential traffic problems.
Patricia Coppo, 1906 West Lake Road, submitted a letter with her concerns regarding phase two
of the overall plan for the marina. Marina traffic and safety need to be considered when adding
additional moorings. She also expressed her dismay with the applicant not discussing his
proposal with the neighborhood prior to the submittal to the Boards. She then stated that she is
representing Linda Cohen, 1910 West Lake Road. Ms. Cohen is against the proposal as the
current marina moorings have encroached on the access to and from their dock and the boat
traffic is close to her swimming area. Patricia Coppo stated that she has also seen the boats
traveling fast near swimmers on the lake as well. Mr. Cherundolo stated that the proposal
discussed today does not involve the marina property. The marina has an outstanding license for
140 moorings and they are below that level currently. Phase two would include additional docks
and moorings that would reduce boat traffic to the south of the marina.
Dr. Maher commented that the Board does not have to approve the proposal. With the cement
floors in the buildings whatever drips from the boats will run into the lake and that boat storage
should stay a cottage industry and not become a large commercial venture.
Mary Kelly, 1902 West Lake Road, stated that the neighborhood already has Lakeside Auto, the
marina and the Mandana Inn restaurant as enough commercial activity.
Nancy Jacobs, 1916 West Lake Road, inquired who is responsible for the current flooding and
future flooding in the area as New York State DOT has not been helpful. Chairman Graham
stated that there is no simple answer as it depends on where the water is coming from during
each flooding event.
Ed Blum, 1884 West Lake Road, stated that he can see where all of the buildings will be based
on the stakes that are out in the fields now. With the size and height of the buildings proposed
you will be able to see all of the buildings from the road and surrounding properties. Currently
Z.B.A.11.01.2011
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you can walk across all of the properties and with the proposed fence around the storage
buildings you will not be able to do so.
Member Winkelman inquired whether there will be a conservation easement proposed on part of
the property. Mr. Trytek stated that there was not but the remaining acreage will still be farmed.
Mary Blum, 1884 West Lake Road inquired how the farmer would access the land to be farmed.
Mr. Trytek stated that there is driveway access to the land that is outside of the fenced area.
WHEREFORE a motion was made by Member Lanning and seconded by Member
Winkelman to continue the Public Hearing on December 6, 2011 at 8pm. The Board
having been polled resulted in the unanimous affirmance of said motion.
Public Hearing Continuance
Applicant: Matthew & Mary Ellen Salanger Property:
805 River Road 1824 Tamarack Trail
Binghamton, NY 13901 Skaneateles, New York
Tax Map # 062.-01-12.0
The applicant requested that the public hearing be continued to the December meeting as he is still
negotiating the land acquisition with the neighbor to the west.
WHEREFORE a motion was made by Chairman Graham and seconded by Member
Winkelman to continue the Public Hearing on December 6, 2011 at 7:40 pm. The Board
having been polled resulted in the unanimous affirmance of said motion.
Preliminary Hearing
Applicant: Thuan Loi
1034 Butters Farm Lane
Skaneateles, New York
Tax Map # 045.-02-41.0
Present: Thuan Loi, Applicant
The applicant owns a property in the Butters Farm community, the first open space subdivision
the Planning Board approved. The open space subdivision has smaller lots and allows for 20%
impermeable surface coverage on each lot that is offset by the designated open space. The lots
were given specific building envelopes for development. The applicant’s lot is .8 acres with a
single family dwelling built a few years ago. The applicant would like to add a pool to the
property in addition to the current patio and walkways installed. The location for the pool is
within the building envelope; however, the proposed brick pool surround and existing brick walk
and patio are located outside of the established building envelope in the rear and south side yard.
The applicant cannot move the pool further east as it would encroach on the septic system. The
neighboring property to the north and east is the open space conservation; the neighboring
property to the south is owned by the Millers.
Z.B.A.11.01.2011
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The applicant is seeking a variance for a 90’ rear setback whereas 95’ is required, and 8’ side
yard setbacks whereas 16’ is required. New York State Department of Health has no objections
to the proposal in their correspondence dated September 29, 2011. A site visit will be conducted
on December 3, 2011.
WHEREFORE a motion was made by Member Winkelman and seconded by Vice Chair
Rhoads that this matter be put to public hearing to be scheduled on December 6, 2011 at 7:10
p.m. The Board having been polled resulted in the unanimous affirmance of said motion.
Preliminary Hearing
Applicant: Thom Filicia Property:
505 Greenwich Street 3133 East Lake Road
New York, New York Skaneateles, New York
Tax Map #040.-01-31.0
Present: Bob Eggleston, Architect
The applicant is requesting three variances for this property. In 2009 the Zoning Board of
Appeals had granted variances for alterations to an existing detached garage with the addition of
wood steps located 8.9’ form the south property line whereas 20.1’ side yard setback is required.
The building permit issued for the approved work expired and the applicant is re-requesting this
variance. In addition, the Zoning Board of Appeals approved the expansion of an existing
shoreline structure located 8.8’ from the north property line. The shoreline structure was
replaced with a new structure set at a 90° rotation from the original structure and located 10.3’
from the north property line. The neighbor to the south, Mr. Curtin is in favor of the location of
the shoreline structure.
A solid wood fence was installed within 100FT of the lake line that is 6 feet tall and tapers down
to 4 feet tall closest to the lake line. No fence exceeding 4 feet in height shall be permitted
within 100 feet of the lake line and must allow have at least 50% visibility. The applicant would
like to maintain the installed wood fence. The reason for the solid fence was to mask the
underside of the neighbor’s deck. The neighbor, Mr. Curtin has his house and deck sited at a
higher elevation that the applicants. Mr. Curtin is also in favor of the fence as it does not block
his view and affords him privacy on his deck. CEO Williams stated that this is the first request
to have a 6’ fence located within 100’ of the lake line.
Chairman Graham inquired about the fire pit that was installed. CEO Williams stated that the
firepot is allowed, however no building permit was issued for the construction of the fire pit. Mr.
Eggleston stated that the applicant is seeking an amended site plan approval for the fire pit in
addition to the above changes. A site visit will be conducted on December 3, 2011.
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WHEREFORE a motion was made by Member Winkelman and seconded by Member Lanning
that this matter be put to public hearing to be scheduled on December 6, 2011 at 7:50 p.m. The
Board having been polled resulted in the unanimous affirmance of said motion
There being no further business a motion was made by Member Winkelman and seconded by
Member Lanning to adjourn the meeting. The Zoning Board of Appeals meeting adjourned at
9:40 p.m.
Z.B.A.11.01.2011
Respectfully submitted,
Karen Barkdull
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