6/8/2009 6:00:00 PM
Special Meeting Notice
Mayor Olson called the special meeting to order at 6:00pm in the Board Room of the Fayetteville Village Hall.
Mayor Olson led those present in a recitation of the Pledge of Allegiance.
Mayor Olson explained to the attendants that the special meeting was called so that the Village Board could review the proposed Planning Board Resolution in reference to the property located at 114 East Genesee Street and make recommendations to the Planning Board regarding the conditions that they set to allow Mr. Polhamus, the owner, to open his architectural office 5 years prior to him residing in the house.
Attorney Spencer gave a brief synopsis of the special permit application that Craig Polhamus has presented to the Village Planning Board. Mr. Polhamus is requesting that the Planning Board allow him to use the property for his Architectural Office without living at the property. Mr. Polhamus does intend to occupy that house but not for several years.
Craig Polhamus explained the timeline since he acquired the property at 114 East Genesee Street in January 2009. Originally Mr. Polhamus submitted an application to the Village Planning Board for a Commercial Residence. The application was then sent to Onondaga County which came back with a negative declaration. Mr. Polhamus explained that he has attended several meetings with the Village Board and the Planning Board with regards to the use of the property. Mr. Polhamus further explained that the Planning Board referred to the Zoning Board of Appeals and asked them for an interpretation of the law regarding a commercial use of a property that was not owner-occupied. Mr. Polhamus explained that he has every intention of moving into the property in approximately 5 years. The building is in an advanced stage of disrepair and will be very costly to repair. Mr. Polhamus is applying for a Historic Grant Initiative that will reduce his personal Federal Income Tax, but in order to qualify for this incentive he must make a 5 year commitment to the project. Mr. Polhamus further explained that he could cut the building up into 2 or 3 apartments, without any special permits. Mr. Polhamus stated that he does not want to do that, but without the 5 year period it does not make sense to undertake the certified restoration.
Mayor Olson explained that Mr. Polhamus’s original application brought to light an ambiguity in the code that the Village Board needs to address. This information caused the board to adopt a 6 month moratorium to give the board an opportunity to review the code and make changes that would clarify the intent of a home occupation and commercial use in a residentially zoned district. Mayor Olson stated that it is a difficult task to create a balance and that the board needs to be cautious when dealing with properties. There are currently 65 apartments in the Historic District and the greater majority of them are not owner-occupied and are not kept up.
Mayor Olson said that it was the first time that the Village Planning Board has asked for the Village Board of Trustees’ opinion on an application since he has been on the board, which is approximately 15 years.
Trustee Coleman agreed that the issue is very important and that it is unfortunate that it has become personal. Trustee Coleman contacted NYCOM for advice on the procedures that the Village should be following. Trustee Coleman was advised by Counsel at NYCOM that it is imperative for the Village to follow procedure to protect itself from possible litigation. Trustee Coleman was advised by NYCOM that as soon as it was apparent that the owner would not live at the property, the Planning Board should have referred the applicant to the ZBA for a variance.
Attorney Spencer stated that the Planning Board did ask the ZBA for an interpretation of the code.
Trustee Coleman agreed that they did ask for the ZBA’s interpretation of the law, not the specific application.
Attorney Spencer explained that the applicant modified the original application by asking for a special permit; now he is requesting a phased occupancy. The applicant is requesting to use the property as his personal residence and his professional office. There is no variance needed.
Trustee Randall asked if the use was permitted if the resident does not live there.
Attorney Spencer stated that the law does not specifically say which use comes first, therefore the Planning Board can determine what is appropriate.
Trustee Small does not disagree with Trustee Coleman, but he is viewing the property itself and the particular circumstances surrounding it. The current state of the building leaves it unable to be occupied until there is extensive renovation done. Trustee Small feels that the Village has many avenues to choose if the owner does not meet the timeline and the work is not completed. Trustee Small is comfortable with the Planning Board making the decision.
Mayor Olson stated that if the Village Board had the opportunity to step in and save the Fayetteville Inn, he would have supported that 100%.
Trustee Kinsella stated he thinks there are both positive and negatives impacts that will occur if this use is allowed. On the positive side, there will be revitalization of the property, there will not be an absentee landlord, the Planning Board will have strict conditions and this particular application has brought to the Village’s attention a glitch in the code. On the negative side, there have been past property owners that have been denied similar types of use and if this request is granted, how can future requests be denied. Trustee Kinsella also pointed out that there is a ZBA interpretation that states that the residency must first be established before the commercial use would be allowed. Trustee Kinsella is uncertain what to do with this application but feels the Village Board needs to consider the ZBA’s ruling.
Trustee Randall has mixed feelings and can agree with arguments on both sides. Trustee Randall feels that Mr. Polhamus will do a great job in restoring the property no matter what the final decision is. Trustee Randall stated that he agreed in principal with the draft resolution that was presented by the Planning Board but also feels the going forward with conditions is not the place of the Village Board.
Henry McIntosh asked Attorney Spencer if the law stated that the person operating the business needed to live there.
Attorney Spencer replied yes.
Bruce Coleman is concerned with creeping commercialism. If Mr. Polhamus wants 5 years before he resides there for a Federal Tax Credit has there been a new application presented to the Planning Board or an amended application on file. Mr. Coleman feels that the ZBA should be the deciding board. Finally Mr. Coleman stated that there were other people interested in the property and the hardship that Mr. Polhamus is stating is self-created and he should not be given special provisions contrary to the law.
Rodney Thomas stated that as a practical issue there are many deteriorating buildings and the building that Craig Polhamus owns and would like to occupy is one, given the chance, could become one of Fayetteville’s shining stars.
Lynn Fallon stated that she is on the Historic Preservation Commission and has been a resident for 32 years. Ms. Fallon hopes that the Village Board will think globally on this request and feels that Mr. Polhamus will do a great job restoring the building and would be appalled if the Village did anything to deter him.
James Pallini, architect, said that Mr. Polhamus needs to act quickly to stabilize the structure and there is still a chance to save the house.
Manlius Mayor, Mark-Paul Serafin, stated that he had a deal in December with the owner, Doug Soyar, and was willing to restore the property. Mayor Serafin said that there were others who had the resources who wanted the property.
Malcolm Bender said that this is only one property and the Village Board’s real job is to rewrite the laws.
Bill Harris stated that he has lived in the Historic District since 1971. Mr. Harris is concerned that this action will set precedence.
Richard Greene, CEO, explained that when Mr. Polhamus came to him with his application, he informed Craig that he needed a variance. Craig attended the Village Planning Board meeting and was informed by the Planning Board that he did not need a variance. Richard Greene addressed a misconception that he had something to do with Craig Polhamus purchasing the property. Mr. Greene stated that in August 2008 he inspected the property and felt that something could be done with it. Mr. Greene first contacted Mayor Serafin and then talked to Craig Polhamus
Mayor Olson referred to the proposed draft resolution and feels that the time frame is more than fair. If Mr. Polhamus has problems meeting the timeline he will need to address them with the Planning Board.
Trustee Coleman is concerned because the Planning Board could change the draft proposal and the time frame. Trustee Coleman wants to see procedure followed to the letter of the law and does not understand why, if Richard Greene said that Craig Polhamus needed a variance, wasn’t that followed through for the ZBA to determine if a variance was needed or not.
Attorney Spencer stated that there is enforcement in the draft proposal and both uses that Mr. Polhamus is requesting are permitted uses.
Trustee Randall asked what time of the day would construction take place. Trustee Randall would hope that consideration is given to the neighbors for peaceful enjoyment of their property.
Trustee Small stated that there are ambiguities in the law and it is the job of the Village Board to make the law, and make corrections where needed. The Planning Board can revoke the special use permit if Mr. Polhamus does not comply with the agreement.
Trustee Randall apologized for being curt , but the only hang up is the interpretation of the code by the Planning Board.
Marianna Mangan, ZBA Member, stated that in all her time on the ZBA this is the first request that she has had to interpret the code and asked if this was allowed.
Attorney Spencer stated that the Village Code allows for the ZBA to make interpretations of the code if requested.
Mrs. Mangan stated that she does not think that anyone in the room objected to seeing the property restored and that the problem is the 5 year plan to use the property as commercial before taking up residency. Mrs. Mangan feels that we are bending the intent of the law for a specific request for a specific person.
Mayor Olson stated that we are already allowing commercial use by allowing multi-family dwellings that are not owner occupied. Owning rental property and not living there is a business.
Henry McIntosh stated that he is in favor of the project if it is done by the law.
Trustee Small recommended that the Planning Board send the application to the Zoning Board of Appeals for an interpretation of the use and to decide if the secondary use can precede the primary use.
DPW HIRE
Trustee Small made a motion to hire Tyler Massett as a full time DPW Laborer for the purpose of mowing the parks once the new mower arrives. Mr. Massett is being hired with full benefits as a one year employee. Trustee Kinsella seconded the motion and it was carried by unanimous vote.
107 ½ NORTH STREET
Trustee Randall made a motion allow Richard Greene to declare 107 ½ North Street as unfit for occupancy. Trustee Small seconded the motion and it was carried by unanimous vote.
Trustee Small made a motion to adjourn the meeting at 9:00 pm. Trustee Kinsella seconded the motion and it was carried by unanimous vote.
Respectfully submitted
Lorie C. Corsette
Village Clerk-Treasurer
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