Minutes of the Meeting of the City Planning Commission City Hall, Syracuse, New York September 12, 2011

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Minutes of the Meeting of the City Planning Commission City Hall, Syracuse, New York September 12, 2011 I. Summary of cases discussed herein: SR-11-17 SP-11-19 CS-10-126 CA-11-02 A S-11-01 SR-11-09 SP-11-07 M1 SR-97-08 M1 SR-01-08 M2 R-08-18 Z-2732 SP-95-29 M3 CS-09-92 CS-11-26 CS-11-27 II. Attendance Members Present Ruben Cowart Linda Henley Steve Kulick George Matthews Staff Present Heather Lamendola Nancy Larson Meghan McLees Jeff Harrop III. Meeting called to order at 6:08 p.m. IV. Approval of the minutes Mr. George Matthews made a motion to accept the minutes of the August 22, 2011 meeting of the City Planning Commission. Ms. Linda Henley seconded the motion. The motion passed V. Public Hearings 1) SR-11-17 Site Plan Review 438-446 North Franklin Street 460 North Franklin Street Associates, LLC (owner/applicant) Lakefront, T5 Mr. Tony Fiorito, of 460 North Franklin Street Associates, LLC at 2 Clinton Square, spoke to the Commission about the proposal, which consists of demolishing an existing one and two-story building and constructing a three-story office building with an accessory parking lot. Mr. Steve MacKnight, of MacKnight Architects at 313 South Clinton Street, provided architectural details. Mr. Scott Freeman, landscape architect at 6320 Fly Road, East Syracuse, NY, provided site details. The proposal requires waivers from Part B, Section IX, Article 4, paragraph 3b, and Part B, Section IX, Article 4, paragraph 3e of the City of Syracuse Zoning Rules and Regulations, as amended, with regard to on-site parking, and size, height, and location of shade trees, respectively. No one spoke in favor of or in opposition to the proposal.

Minutes of the Meeting of the Page 2 of 9 After further discussion and review, whereupon the Commission recognized the reduction in deviations from the City zoning code from the previous submission (SR-11-08), and the applicant acknowledged that 2 ½ caliper trees were acceptable, Ms. Linda Henley made a motion to approve the application with a negative declaration, granting three waivers from the City of Syracuse Zoning Rules and Regulations, as amended, with regard to on-site parking and the size, height, and location of shade trees. Mr. George Matthews seconded the motion. The motion passed 2) SP-11-19 Special Permit-Restaurant 818-820 Danforth Street Syracuse Realty Group (agent for owner) Sharon D. Washington (applicant) Split Zoned Business, Class A and Residential, Class A Ms. Sharon Washington, of 820 Danforth Street, spoke to the Commission about the proposal, which consists of establishing a restaurant with bar service and entertainment. The proposal requires waivers from Part C, Section IV, Article 2-8.1 of the City of Syracuse Zoning Rules and Regulation, as amended, with regard to on-site parking and entertainment, and Part C, Section VI, Article 14 with regard to signage. One person spoke in favor of the proposal, citing the benefits of a neighborhood restaurant. Three people spoke in opposition to the proposal, citing concerns with regard to the additional entertainment use and bar service, parking, noise, and the potential negative affects the proposal may have on the neighborhood. After further discussion and review, whereupon the Commission sought clarification from legal counsel with regard to its jurisdiction and reviewed the standards set forth in Part C, Section IV, Article 1 of the City of Syracuse Zoning Rules and Regulation, as amended, as they relate to the nature and intensity of the proposal and any detriments as may result by reason of dust, noise, odor, fumes, or otherwise, Mr. Steve Kulick made a motion to approve the application in part with a negative declaration, granting two waivers from the City of Syracuse Zoning Rules and Regulation, as amended, with regard only to on-site parking and signage. Dr. Ruben Cowart seconded the motion. The motion passed 3) CS-10-126 Certificate of Suitability 1015 Ackerman Avenue Joanne Arany (owner/applicant) Residential, Class A Ms. Joanne Arany, of 90 Burkedale Crescent, Rochester, NY, spoke to the Commission about the proposal for a Certificate of Suitability for a unique two-story, single-family dwelling with two bedrooms on the main floor and an office on the lower level. One person spoke in favor of the proposal. No one spoke in opposition to the proposal.

Minutes of the Meeting of the Page 3 of 9 After further discussion and review, Ms. Linda Henley made a motion to approve the request as applied for with a negative declaration. Mr. Steve Kulick seconded the motion. The motion passed 4) CA-11-02 A Certificate of Appropriateness Appeal 501 Sedgwick Drive Fence Proposal Ronald and Laura Hand Wright (owner/applicant) Residential, Class A-1 Ms. Laura Hand-Wright, of 501 Sedgewick Drive, spoke to the Commission about the proposal, which consists of installing a four-foot high, black, ornamental picket fence with four gates within the front yard, and was denied by the Syracuse Landmark Preservation Board on July 21, 2011. Two people spoke in favor of the proposal, citing the number of existing fences in the neighborhood, and the complementing character of the proposed fence. One person spoke in opposition to the proposal, citing the findings of the Syracuse Landmark Preservation Board. After further discussion and review, whereupon the Commission recognized an existing side-yard fence, to which the proposed fence will match, Mr. George Matthews made a motion to approve the request with a negative declaration. Ms. Linda Henley seconded the motion. The motion passed 5) S-11-01 Street Abandonment 100 Block of Rusin Avenue Onondaga County Department of Water Environment Protection (applicant) Mr. Robert Ganley, of O Brien and Gere at 333 West Washington Street, spoke to the Commission about the proposal, which consists of abandoning the 100 block of Rusin Avenue to serve as an access road by the Onondaga County Department of Water Environment Protection to the new Lower Harbor Brook Combined Sewer Overflow Storage Facility. No one spoke in favor of, or in opposition to the proposal. After further discussion and review, Ms. Linda Henley made a motion to approve the request as applied for with a negative declaration. Mr. Steve Kulick seconded the motion. The motion passed 6) SR-11-09 Site Plan Review 201 Polk Street (AKA 404 Smith Street)

Minutes of the Meeting of the Page 4 of 9 Install a 151 Telecommunication Tower AT&T (owner/applicant) Commercial, Class A/Commercial, Class B Mr. Tim Richmond, of 116 Garfield Avenue, spoke to the Commission about the proposal, which consists of replacing nine existing panel antennas with nine new LTE antennas on an existing 151-foot lattice telecommunication tower with no record of previous review and approval by the Commission. No one spoke in favor or, or in opposition to the proposal. After further discussion and review, whereupon the Commission recognized the practicalities of the existing tower and its potential longevity, Mr. Steve Kulick made a motion to approve the request with a negative declaration. Mr. George Matthews seconded the motion. The motion passed VI. Minor Modifications 1) SP-11-07 M1 Special Permit Modification - Restaurant Floor Plan, Signage and Parking Area Modification 2043 Erie Boulevard East Lockwood Properties, LLC (owner) R.V. Hall Enterprises, LLC (applicant) Industrial, Class A establishing a sign manufacturing and graphic design service as a tenant use in a building encumbered by a special permit for a restaurant. a negative declaration. Ms. Linda Henley seconded the motion. The motion passed After the Commission voted, Mr. Tom Greenwood, at 2949 Erie Boulevard East objected to the special permit modification process as it applied to the applicant. 2) SR-97-08 M1 Site Plan Review Modification Antenna Upgrade Add three new antennas and associated radio relay units to six existing roof-top antennas 350-364 West Fayette Street D&B Industries, Inc. (owner) AT&T Mobility (applicant) Central Business District, General Services adding three new antennas and associated radio relay units to six existing roof-top antennas as part of a system upgrade.

Minutes of the Meeting of the Page 5 of 9 a negative declaration. Ms. Linda Henley seconded the motion. The motion passed 3) SR-01-08 M2 Site Plan Review Modification Antenna Upgrade Replace nine antennas with nine new antennas 411 Spencer Street Capital District Concrete Batching (owner) AT&T Mobility (applicant) Lakefront, T-4 replacing nine existing panel antennas on an existing 120-foot monopole with nine new antennas and three associated radio relay units as part of a system upgrade. a negative declaration. Ms. Linda Henley seconded the motion. The motion passed VII. New Business 1) R-08-18 Resubdivision Map Filing Extension 300 and 334-344 West Fayette Street RHS Holdings, LLC (owner/applicant) Central Business District, General Services extending the applicable subdivision map filing date until December 31, 2011. After discussion and review, Ms. Linda Henley made a motion to approve the request with a negative declaration. Mr. George Matthews seconded the motion. The motion passed 2) Z-2732 Project Plan Review Modification Center of Excellence Intermodal Transportation Center Parking Area 727 East Washington Street Syracuse University (owner/applicant) Planned Institution Development

Minutes of the Meeting of the Page 6 of 9 installing a parking area together with a commuter pavilion and accessories for the Center of Excellence. After discussion and review, whereupon the Commission acknowledged that the proposal is considered part of the original Planned Institutional District Development Plan (Z-2629) approved on November 8, 2004, Mr. Steve Kulick made a motion to approve the request with a negative declaration. Mr. George Matthews seconded the motion. The motion passed 3) SP-95-29 M3 Special Permit Modification Gasoline Station and Restaurant Sign Modification 2509 Erie Boulevard East Mirco Inc. (owner) Kassis Superior Signs (applicant) Industrial, Class A replacing existing signage to reflect a change in brand name from CITGO to Mirabito. After discussion and review, Mr. George Matthews made a motion to approve the request with a negative declaration. Ms. Linda Henley seconded the motion. The motion passed VIII. Certificates of Suitability Not Previously Heard by the Planning Commission Recommended for Approval per Law Department 1) CS-09-92 Certificate of Suitability 711 Maryland Avenue Jim Babcock (owner/applicant) Residential, Class A-1 Ms. Heather Lamendola presented the proposal to the Commission. After discussion and review, Mr. George Matthews made a motion to approve the request with a negative declaration. Ms. Linda Henley seconded the motion. The motion passed IX. Certificates of Suitability Previously Issued by Zoning Administrator Submitted for Renewal with Modifications 1) CS-11-26

Minutes of the Meeting of the Page 7 of 9 Certificate of Suitability 713-715 Clarendon Street 715 Clarendon, LLC (owner) Hugh C. Gregg II (applicant) Residential, Class A Ms. Heather Lamendola presented the proposal to the Commission. a negative declaration. Mr. George Matthews seconded the motion. The motion passed 2) CS-11-27 Certificate of Suitability 719 Clarendon Street 719 Clarendon, LLC (owner) Hugh C. Gregg II (applicant) Residential, Class A Ms. Heather Lamendola presented the proposal to the Commission. a negative declaration. Ms. Linda Henley seconded the motion. The motion passed X. Discussion 1) Zone Change Petition-117 South Edwards Avenue After discussion and review, whereupon the Commission acknowledged there was insufficient justification to move the proposal forward for a public hearing, Dr. Ruben Cowart made a motion not to move the proposal forward for a public hearing. Ms. Linda Henley seconded the motion. The motion passed with a vote of three to one with Mr. Steve Kulick voting in opposition. 2) 867 Livingston-Resubmittal Request reconsidering a Certificate of Suitability for a three-bedroom dwelling which was previously denied by the Commission on August 1, 2011. After discussion and review, whereupon the Commission determined the resubmitted application was the same as previously submitted, Mr. Steve Kulick made a motion to deny the request. Ms. Linda Henley seconded the motion. The motion passed 3) Abandonment Request (300 and 400 Blocks of East Brighton Avenue)

Minutes of the Meeting of the Page 8 of 9 forwarding two street abandonment requests previously approved by the Commission on January 8, 1996 and June 30, 2003 to the Common Council. After discussion and review, whereupon the Commission determined that since there have been no changes to the proposed abandonments since they were approved, Mr. Steve Kulick made a motion to forward the resolution to the Common Council for consent and approval. Ms. Linda Henley seconded the motion. The motion passed XI. Old Business 1) R-11-26 Resubdivision 105 North Geddes Street and 834 and 838 Erie Boulevard West Combine Three Parcels into Two New Lots August and Angelina Gonnella (owner/applicant) Industrial, Class A Ms. Heather Lamendola presented the proposal to the Commission. At the previously scheduled meeting of the City Planning Commission on August 22, 2011, the Commission determined that the proposal affects the available parking for a previously approved special permit and must be resolved prior to the Commission rendering a decision. Staff noted that they have been in contact with the owner and to date the owner has not submitted a special permit modification as requested. The Commission took no action. 2) Z-2730 Planned Development Review 110-132, 121, 134-140, and 135 Bartlett Street and 109 and 111-135 Homer Street Construct 32 Dwellings with Open Lands Morning View, LLC (owner/applicant) Residential, Class A-1 Ms. Heather Lamendola provided an update on the proposal to the Commission, which includes a companion resubdivision application (R-11-23). The applicant is considering modifying the proposal. The Commission took no action. 3) R-11-23 Resubdivision 110-132, 121, 134-140, and 135 Bartlett Street, and 109 and 111-135 Homer Street Resubdivide six lots into 32 new Lots Morning View, LLC (owner/applicant) Residential, Class A-1

Minutes of the Meeting of the Page 9 of 9 Ms. Heather Lamendola provided an update on the proposal to the Commission, which includes a companion planned development review (Z-2730). The Commission took no action. XII. Authorizations Mr. Steve Kulick made a motion to authorize those cases listed for the October 3, 2011 meeting. Ms. Linda Henley seconded the motion. The motion passed XIII. Adjournment Mr. George Matthews made a motion to adjourn. Mr. Steve Kulick seconded the motion. The motion passed