Board of Adjustment Hearing

April 30, 2009


The Clarkson Valley Board of Adjustment, pursuant to notices posted, met at City Hall in the Fru-Con Building to consider one agenda item.


            Board of Adjustment members present were:

                        Darryl Brody, Chairperson

                        Walter DeGrendele

                        Karen Koshak

                        Paul Mercurio

                        Terry Rosenstrauch


The City Attorney, Mr. Patrick Butler attended and the City Clerk, Michele McMahon recorded the Minutes.  Board Members Jack Hauser and Phyllis Newmark were unable to attend.  The Chairman asked if all Board Members had a chance to view the properties, to which they responded affirmatively.


After the meeting was called to order and protocol established, all parties were sworn in – consisting of Mr. John King, the attorney representing this proposal; Greg Garner, Principal of Archimages; and Paul Boyer, P.E., Principal of CEDC Civil Engineering Design Consultants.  Dan Kalicak, Vice-President of Business Development and Strategic Planning, St. John’s Mercy and Terry Flynn from the same department; Wayne Williams, Vice-President of Real Estate and Terry Bader, Senior Vice-President Navvis Development were also in attendance. 


The Chairperson introduced the Board Members and asked if any member bringing forth the petition had objections to any of the Members of the Board of Adjustment comprising the quorum?  To which they responded they did not.  Darryl Brody read the Notice of Public Hearing for the agenda item: for variances to locate various retaining walls, fences, fountains, porte-cocheres and a dock/dumpster wall beyond building lines, parking set backs and into buffer areas. 


            Mr. Kelly introduced himself, Greg Garner, the chief architect and Paul Boyer, the chief civil engineer for the project.  He gave a brief description of what the medical building would be used for and who would be using it.  He spoke of the history of the lot, which originally was a lot owned by Fru-Con, and then in 2004 was purchased by St. John’s Sisters of Mercy and split into two lots.  The request went to Planning and Zoning the night before, he said, and will go to the Board of Aldermen next Tuesday evening, May 5 to consolidate the two lots into one.  The variances being requested tonight present the following hardships: 1) the shape of the lot is peculiar; 2) there is a severe drop of grade from Clayton Road; and 3) St. John’s has an agreement with Fru-Con since the time they purchased the property that the interior driveway would not be changed.


The architect walked everyone through the variance requests in detail, referring to the various exhibits and the list of Items Description (attached) number-by-number.  The civil engineer then spoke about the basin.  Patrick Butler mentioned that when he reads the “C” Office District code pertaining to the buffer area, he was unsure it was necessary to obtain a variance.  After discussion, it was decided the petitioner would still apply for a variance because of the fence and that the vote would be taken with a footnote.


            Points mentioned in the question portion of the hearing:  Would the retaining wall be visible from Clayton Road? (No)  Will the basin stay dry? (Basically, yes) How long will it take to complete the project? (Approximately 12 months)  Will Fru-Con be present at Tuesday night’s meeting? (Yes)  What will be the tallest wall on the basin? (9-1/2’ at its tallest)  Will the fence be on top of the wall around the basin?  (No, it will be approximately 2’ outside of the wall)  Can this Board approve the fence?  (Patrick Butler stated, No, this Board can approve the location and height, but not the prohibited material)  Is this proposed building going to be any taller than the Fru-Con building? (No)


A call for proponents and opponents was made, to which there was none.  The City Attorney, Patrick Butler explained to the Board Members the intent of the zoning code and read the merits and conclusion portion contained therein and reminded the Board that it might not be necessary to grant a variance for the buffer area.  It was determined that for this proposal, that just one vote would be taken.  Patrick Butler asked the Board, for clarification sake, if they were comfortable with the heights on all the walls, to which there was a unanimous, affirmative response.


The Chairperson, Darryl Brody, asked the Members for their factual determination of the first proposal, for the addition, to which: question (1) five are (2) five will not, (3) five will (4) five will not, (5) five will not, (6) five will. 


The Chairperson then called for a vote of approval/disapproval to grant the desired variances (noting that the buffer area might not require one) with the following results:  Yeas: Brody, DeGrendele, Koshak, Mercurio, and Rosenstrauch.  There were no nays. 


The Chairperson declared the various petitions as being approved.  Darryl Brody then advised those present that the variances granted by the Board are based upon the plans submitted at this evening’s meeting, which are to be made part of the Application.  Any change in those plans will negate the variance that was granted at this meeting. 


            The meeting was adjourned at 8:30 p.m.



                                                            Michele McMahon

                                                            City Clerk

                                                            City of Clarkson Valley