Planning Board of the Village of Aurora
Aurora, New York 13026-9790 

 Minutes
April 25, 2012

JOINT PUBLIC HEARING: 

Present: Planning Board (PB):  Nancy Gil, Chairwoman, Patricia Bianconi, and Alan Connors 

  Community Preservation Board (CPP): Chris MacCormick; Chairman, Dan DiSanto,  
Jeff Blum, Claire Morehouse and Ed Easter    
  
Also Present:   Bonnie Apgar Bennett, Mayor
		Alan Ominsky, Village Trustee
	Village Residents:  David Brooks, Attilio Rezzonico, Arthur Bellinzoni, Stephen Zabriskie, Laura Holland, Jay O’Hearn, John Place, CJ Koepp, and Robin Driskel
		Terry Newcomb, Wells College - COO
 Kristen Phillips, Wells College - Assistant to the President
Deborah Brooks, Deputy Village Clerk

  PB Chairwoman Gil welcomed everyone to the Regular Monthly Planning Board meeting at 7:03 PM.  Mrs. Gil and Mr. Connors informed those present that they are employed by Wells College.
	PB Chairwoman Gil opened the Public Hearing at 7:05 PM with Application #12-02 from Wells College for a Demolition Permit at 457 Main Street also known as “McMullen House”; Tax Map # 181.12-1-7.1.  PB Chairwoman Gil asked Mr. Newcomb to present the reasons why Wells College wished to demolish this structure.
	Mr. Newcomb informed the Boards that the house has been vacant for twenty (20) years and has been seen as an eyesore.  He stated that Wells College was not interested in selling the lake front property and would make it a green space.  He further added that as per the Village Zoning Law this property is not considered “Historic” but is classified as “an Intrusion”.  Mr. Newcomb noted that the demolition would enhance the property and that Wells College would entertain a buyer for the structure if it was removed from the property to another location.
	PB Chairwoman Gil asked abutting neighbor to the south, Attilio Rezzonico if he wished to ask any questions.  Mr. Rezzonico first informed the Boards that the house was an eyesore due to the lack of maintenance by the owner, Wells College.  Second, he wanted to know the intent of Wells College regarding the sidewalk, light post and the 9’ right-of-way if demolition is allowed, as Mr. Rezzonico owns that area. Third, how will the College get the machinery needed to do this demolition to the site?  Mr. Rezzonico stated he was against the removal of the house.
	Mrs. Driskel asked the Boards how this property became landlocked.  PB Chairwoman Gil explained that the College sold off several properties to faculty back in 1994-95 and Mr. Rezzonico elected to purchase his home with the shared garage, but the renters in McMullen House were not able to pay the purchase price asked for by Wells and so the property was subdivided.
	Mr. Rezzonico clarified that he was sold the shared garage, the home he lives in and some lake frontage.  Mr. Bellinzoni added that Mr. Rezzonico’s attorney was the one who told Wells College that McMullen House would be landlocked.  The College seemed not to care, so Rezzonico’s attorney established the 9’ right-of-way path.
	 
	 PB Charwoman Gil continued that the College abandoned the property and in 1993 the house was found to have termites.  The College hired a firm to do the removal and the house has been free of the bugs for years.  She also noted that NYS DOT refused to grant a curb cut for the path, saying that a driveway needs to be 15 feet, not 9.
	  CPP Chairman MacCormick asked Mr. Rezzonico if he also owns lakefront property.  
Mr. Rezzonico informed the Boards that he owns the property to the south of McMullen House from State Rte. 90 to the lake.
	Mrs. Driskel asked Mr. Newcomb if the College had any plans for the property. Mr. Newcomb said that the house has been discussed for some time at the College, but there are no plans at the present other than having it become a green space.
	PB Chairwoman Gil also questioned Mr. Newcomb why the College wasn’t willing to sell the property rather than to let it just deteriorate.  Mr. Newcomb again responded that the College has no desire to sell the lake front property.
	CPP Chairman MacCormick read aloud the CPP points in the Village Zoning Law that they will be considering for this demolition.  He noted that the last demolition application was for Lyon House and it was denied as the application didn’t prove the need for demolition.  Mr. Newcomb restated that the house was not considered historic and is an intrusion.  He further added that the property was landlocked thus the property value was less. 
	CPP member Dan DiSanto (an appraiser) informed the Boards that the property was worth more with the house on it than if it were removed.  Ms. Phillips noted that she was an Estate Lawyer for 10 years prior coming to Wells, and felt the property would gain in value without the house being on the property.
	PB Chairwoman Gil noted than the property is not landlocked but has a right of way from Main Street. She questioned why Wells College wouldn’t want to either fix up the house to be rented or sell it to remove the eyesore, as they called it, and allow the house to be renovated and used, thus bringing up the value of the property assessment.
	CPP Chairman MacCormick asked Mr. Newcomb what the College would do with the property if the demolition was denied; would they retain ownership?  Mr. Newcomb said they would keep their property.  CPP Chairman MacCormick reminded Mr. Newcomb that under NYS Laws, the Code Officer can make the property owner maintain their property.  Mr. Newcomb said he would be willing to discuss the situation with Code Officer Piechuta.
	Mr. Ominsky noted that Michael Peter, the property owner to the north, has shown written interest in purchasing this property, which would be fully accessible from his property and has asked to have first refusal if sold by the College. Mr. Ominsky remarked that he is stunned that the College is not interested in selling knowing the financial problems they are currently facing.
	Mayor Bennett explained how the Village Board set up the Historic District in 1974 and noted that these 1950’s homes were considered very new in design and were not historic at the time.  She noted that enough time has passed that these homes are now considered historic to the time in which they were built.  Mayor Bennett also expressed the concern for lack of available houses to rent or buy and of building lots, since Wells College owns so much of the undeveloped land in the village.
	Mayor Bennett informed the Boards that we could have a huge potential business boom with the number of weddings coming into the village; 56 this season and the need for places to stay thus opening up homes in the community as short term rentals.  She further added that every property was valuable to the community, especially lake front homes.
	Mayor Bennett suggested that the Boards consider hiring a professional consulting firm to aid them in the decision process. She further added that once the house is demolished the property would not be considered a building lot due to it being landlocked.
	Mrs. Driskel explained the desire and effort of her husband and she to purchase lake front property in the village.  She mentioned having approached Wells College to do a cash purchase for this property when the demolition notice was posted, and their lack of interest to sell.  Mrs. Driskel noted that someone with skill and vision could make this structure viable again and very appealing to the eye.  Mrs. Driskel wondered if the College knew how they are being perceived in the community and what is being said behind their backs with their actions on how they run their businesses.  She strongly urged the Boards not to let Wells College pursue this line of action so as to preserve the other properties the College owns and is not maintaining.
	PB Chairman Gil noted that the Public Hearing would remain open until next month’s meeting and that no vote would be taken until the file was complete.  She informed Mr. Newcomb that Code Officer Piechuta has asked for a copy of the tax map and that a report on possible asbestos and its removal should be added to the file.  They will also need to submit the application to Cayuga County Planning for a GML 239 L & M review.
	The Boards unanimously agreed that they needed to take a tour of the house and property before any vote was rendered.  There was some discussion as to who will do the Long Form SEQR and how to process the file at the CPP meeting on May 2, 2012.  Chairwoman Gil noted that State Historic Preservation Office will have to be notified as an interested party in the SEQR process because of the Historic district. 
	PB Chairwoman Gil read into record an email dated 4/16/2012 from Michael Peter regarding his concerns for this project (see attached).  Mr. Newcomb noted that the College agreed with Mr. Peter’s points # 1 and 2 but not with point #3.
	MacCormick said that CPP would consider the application for demolition at its next meeting, May 2. There was some discussion as to whether the PB could even look at the application at their next meeting if the CPP denies the permit. PB Chairwoman Gil will communicate with the Village attorney on that and get back to Chairman MacCormick and the Village office. The public hearing was adjourned by unanimous agreement at 7:58 PM.
	
REGULAR MONTHLY MEETING

Present:  Nancy Gil, Chairwoman, Patricia Bianconi, and Alan Connors  

Also Present:   
		Village Residents:  David Brooks, Laura Holland, Jay O’Hearn, John Place, 
			CJ Koepp and Robin Driskel 
		Terry Newcomb, Wells College - COO
 		Kristen Phillips, Wells College - Assistant to the President
		Deborah Brooks, Deputy Village Clerk

	 Chairman Gil reopened the monthly meeting at 8:00 PM, asking for approval of the March 28, 2012 Minutes.  Mrs. Bianconi moved approval of the March 28, 2012 Minutes.  Mr. Connors seconded the motion.  Motion Carried 3:0.

 	Announcements - Chairwoman Gil informed the board of the resignation of Frank Zimdahl and the Village Board’s appointment of Patricia Foser to finish his term.
	
	Old Business – 

	Application # 12- 04 – from Laura Holland for a basketball court, hot tub, and fire pit at 323 Main Street: Tax Map #181.16-1-27.  Chairman Gil explained that the Board learned at a SEQR training session held by County Planning that the Holland project is Type 2 and therefore the SEQR process is stopped.
	John Place, Holland’s neighbor to the north, was there to express his concern for the noise created by repetitive basketball bouncing and the stress that it cause to the human body.  He also voiced his concern with the possible level of carbon monoxide put out by the proposed fire pit.  After considerable repetitive explanation and citing NYS DEC articles on the subjects, the Board thanked him for his comments.
	Mr. Connors questioned whether the community as a whole was in violation of using propane grills in their back yards.  Mrs. Bianconi also noted that no one has ever placed a formal complaint about the basketball court at the McGuire residence south of St. Patrick’ Church over the past 40 years.
	Mr. Newcomb offered that he saw no reason to comment on behalf of Wells College, as they are the property owner to the south of the Holland property.
	Chairwoman Gil informed Ms. Holland that no vote would be made this evening as their application needs to go before the Cayuga County Planning for the GML 239 L& M review as their home is located within 500’ from State Route 90.

 	Next Meeting will be Wednesday, May 23, 2012 at 7:00 PM.
	
	Mrs. Bianconi moved adjournment at 8:25 PM.  Seconded by Mr. Connors.    Motion carried 3:0.

Respectfully submitted,

Deborah M. Brooks
Deputy Village Clerk