OGDEN ZONING BOARD OF APPEALS December 4, 2014 Members Present Members Absent ...

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OGDEN ZONING BOARD OF APPEALS
December 4, 2014
Members Present Members Absent
Mark Young Noelle Burley
Duane Fregoe, Chairman Justin Feasel
Tom Hall
Corey McAtee
Kristen Zale
Others Present Others Present
Patrick Smith, Building Inspector John Stone
Cathy Wilson, Building Clerk Jill Cordts
Bridget Field, Zoning Board Attorney Martin Yesowitch
Michelle Laske, Building Clerk Lauren E. Yesowitch
Michael A. Mordenga Steve D’Amico
Al Gauvin Judy Feketi
Cheryl LaTray Annette Mazza
Kenneth Corwin Steve Mazza
Sharon Stevens Emery Kapral
Thom Stevens Regina Pegler
Pat Sexstone Juergen Pegler
Ruth Guy Stephanie Winn
Buddy (Hugh) Burns
This meeting was published in the Sunday, November, 2014 edition of the Suburban News.
The Ogden Zoning Board of Appeals was called to order at 7:06 PM.
I. PLEDGE OF ALLEGIANCE
Mr. Fregoe mentioned location of all the emergency exits.
Mr. Fregoe: We have one old item and five new items tonight. And just a little clerical item, item #1
on the new business tonight is going to move down to item #5 because of the nature of the issue and
the time it could consume tonight. They’ve agreed to go last on the agenda and we appreciate that.
Thank you. So let’s start out with some old business here. I’m going to read the notice in its entirety
and while I’m doing that you can meander up to the microphone here. And give us your name,
address, tell us a little bit about what you’re trying to do and we’ll have some questions, you’ll have
some answers and with a little bit of luck we’ll have you out of here with a vote tonight.
So with that said…
II. OLD BUSINESS
Appeal of Leslie Ball of JLU Childcare, 2800 Spencerport Road #B5, Spencerport,
NY 14559, for a conditional use permit to the existing daycare on property
located at same to add a gymnastics area and increase hours in this area to
include evenings and weekends. As required by Chapter 210-31 D (8), in a
Restricted Business District. Tax Acct. # 087.14-2-2.1
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Mr. Fregoe: And who is here for that? Please come up. And you are?
Mr. Mordenga: Michael Mordenga. 123 Pointe Vintage Drive in Greece.
Mr. Fregoe: Ok, we had a lady here the last time. She owned the building or rented the building?
Mr. Mordenga: Leslie owns the business that’s in the part of the building. And I own the business that is
moving into that part of the building that’s in question.
Mr. Fregoe: Ok, I think we had some questions about hours, if I’m not mistaken from the last time.
Trying to figure out what your hours of operation were going to be and stuff like that.
Mr. Mordenga: Ok, the total building including Leslie’s part of it, we are going to share that space. She
would have the morning part of it and we will have the afternoon and evening use. She requires from 6
am through the afternoon and we would be around 2:00 until up to maybe 9 pm daily, where we would be
using it. On weekends, it could be potentially the same but Sundays are not regular hours for us. That
would be like a special event, more in the afternoon. But Saturday we start operation there at 9 am and
currently we go until early afternoon.
Mr. Fregoe: Ok, if I heard you correctly, Monday through Friday from 2pm to 9pm. And then from
Saturday from 9am until…throw a number at me.
Mr. Mordenga: I would say 5:00.
Mr. Young: You realize whatever you say, we are holding you to it.
Mr. Mordenga: Yes, I’m sure you will. And Leslie’s part would be 6am daily, Monday through Friday.
Mr. Fregoe: Ok, and what about Sunday now?
Mr. Mordenga: Sunday is not a normal scheduled day for us. If we were to do something on a Sunday, it
would just be a special event, like a two hour event. But it would fall within the same idea as the
Saturday hours, like a 9am to 5 pm. And that would be rare that we would have that event.
Mr. Fregoe: Ok. Comments or questions from the board here?
Mr. Young: I don’t have a problem. We were ok with it, we just needed some answers.
Mr. Hall: I’m fine with it.
Mr. Fregoe: If you would have been on your cell phone, we would have had this resolved last month.
Mr. Mordenga: Sorry.
Mr. Fregoe: Anybody in the audience to speak for or against this applicant? Silence Ok. I think we’re
pretty good except we have one of these EAF’s, don’t we? No, I don’t. We don’t have one.
Mr. McAtee: Here you go.
Mr. Fregoe: Did we get one? A late email?
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Mr. McAtee: Well, it was a reasonable time.
Mr. Fregoe: That’s Labs of Love though.
Mr. McAtee: Second page.
Mr. Young: The one I have is Denishire.
Mr. Fregoe: Denishire is the second one.
Ms. Field: It’s for a Use permit. Use permit is unlisted –inaudible-
--inaudible—
Mr. Fregoe: So they have still have to finish this, you’re saying?
Mr. Smith: You have to do Part 2 and on the one they filled out, they actually filled out the first two
answers incorrectly.
Mr. Fregoe: Oh, they did Part 2 for us, didn’t they? That was nice of them.
Mr. Young: Was it right?
Mr. Smith: The answer to the first two, one they didn’t fill out and one they filled out incorrectly. They
should both be no.
Mr. Fregoe: Ok. I can agree with their checkmarks. Ok, let’s go through this. Does the proposed action
only involve the legistative adoption of a plan, local law, ordinance, administrative rule, or regulation? If
yes, attach a narrative. If no, continue to question 2. I guess it’s a no, right?
Mr. Young: Correct.
Mr. Fregoe: Does the proposed action require a permit, approval or funding from any other governmental
Agency? I’ve got a yes on that. That should be a no?
Mr. Smith: That should be a no. And then you should be able to skip down to Part 2 which you have to
fill out.
Mr. Fregoe: Ok, I’ll cross this out and initial. Ok, part 2. Will the proposed action create a material
conflict with an adopted land use plan or zoning regulations? I will say no on that.
Will the proposed action result in a change in the use or intensity of use of land? I’ll say no, it’s already a
small business now with daycare going on.
Will the proposed action impair the character or quality of the existing community? Again, no.
Will the proposed action have an impact on the environmental characteristics that caused the
establishment of a Critical Environmental Area (CEA)? Again, no.
Will the proposed action result in an adverse change in the existing level of traffic or affect existing
infrastructure for mass transit, biking or walkway? Again, no, it’s already being used as a daycare.
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Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably
available energy conservation or renewable energy opportunities? Again, no.
Will the proposed action impact existing: a. public/private water supplies? I’ll say no. b. public/private
wastewater treatment utilites? Again, no.
Jump in here if I make a mistake.
Will the proposed action impair the character or quality of important historic, archaeological, architectural
or aesthetic resources? Again no.
Will the proposed action result in an adverse change to natural resources (e.g., wetlands, waterbodies,
groundwater, air quality, flora and fauna)? Again, no.
Will the proposed action result in an increase in the potential for erosion, flooding or drainage problems?
No.
Last question here. Will the proposed action create a hazard to environmental resources or human health?
Again, no.
And there’s a place here to scribble in some stuff and we’ll just say no impact, right?
Mr. Smith: Correct.
Mr. Fregoe: Ok, should we go to our SEQR now?
RESOLUTION #1A
Introduced by Mr. Young
Seconded by Mr. Hall
That the Board classifies the application of Leslie Ball of JLU Childcare, 2800 Spencerport Rd #B5,
Spencerport, NY 14559, as a Unlisted, Negative Declaration SEQR action.
Vote of the Board
Ayes: Fregoe, Hall, McAtee, Young, Zale
Nays: None
Absent: Feasel, Burley
RESOLUTION #1B
That the appeal of Leslie Ball of JLU Childcare, 2800 Spencerport Road #B5, Spencerport, NY
14559, for a conditional use permit to the existing daycare on property located at same to add a
gymnastics area and increase hours in this area to include evenings and weekends. As required by
Chapter 210-31 D (8), in a Restricted Business District. Tax Acct. # 087.14-2-2.1
 That the hours of operation for the gymnastics will be Monday through Friday 2pm – 9pm.
 That the hours of operation for the gymnastics will be Saturday and Sunday 9am – 5pm.

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Introduced by Mr. Fregoe
Seconded by Mr. Young
Vote of the Board
Ayes: Fregoe, Hall, McAtee, Young, Zale
Nays: None
Absent: Burley, Feasel
III. PUBLIC HEARING
Mr. Fregoe: Moving down to #2 tonight.

Appeal of Lauren Yesowitch, 3956 Canal Road, Spencerport, NY 14559, for a Special Use Permit
renewal, to operate an in-home business consisting of Dog Breeding, at property located at same;
whereas, this is an in-home occupation that may be allowed with a permit granted by the Zoning Board of
Appeals pursuant to Chapter 210-51 in an R-1 Residential District. Tax Acct.# 086.01-1-26.1
Mr. Yesowitch: Good evening.
Mr. Fregoe: And you are?
Mr. Yesowitch: Martin Yesowitch and this is my wife, Lauren Yesowitch. Thank you for giving us this
opportunity to speak. This is our second renewal or request to operate Labs of Love at our address, 3956
Canal Road. We are licensed by New York State Dept. of Agricultural and Markets, Pet Dealer #0755.
The parcel that we own, there’s actually two parcels that are connected. It’s a 22 acre parcel of land. It
starts at Canal Road and goes back behind the Trimmer Road American Legion Post. Tonight what I
brought with us for this renewal is two of our sources of insurance that we carry on the property. I’ve also
brought a letter from our Animal Control Officer, John, stating that we have no complaints and no issues
again. I’ve also brought three letters from our neighbors stating that they are agreeable to us continuing.
I’d like to state that we have had no complaints in the past three (3) years from any of our neighbors. We
have had no complaints from New York State Dept. of Ag & Markets or from any of our customers that
we’ve had in the last three (3) years. We are also inspected besides the Dept. of Ag & Markets, we’re
inspected by the American Kennel Club. They send a representative up to visit our farm and inspect our
facilities and we’ve had no complaints from them. We’re also licensed by the Town of Ogden, again as a
pet breeder and respectfully request a renewal of our license.
Mr. Fregoe: Ok, you stated this is your second renewal? This is probably your first renewal. You were
granted this thing three years ago or was that a renewal?
Mr. Yesowitch: That was a renewal three years ago.
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Mr. Fregoe: You had it before then than.
Mr. Yesowitch: We started then we got a renewal, now this is our second renewal.
Mr. Fregoe: So the first period went for how long?
Mr. Yesowitch: One (1) year.
Mr. Fregoe: Now we did three years, right?
Mr. Yesowitch: Approximately.
Mr. McAtee: Stretched it a little bit?
Mr. Yesowitch: Yes, we thought we would receive a note right away and we didn’t. And we do our other
licensing on a yearly basis so this may have been a little longer. We complied with our short EAF form,
which we brought a copy to the office. And if anyone would like to see our insurance policies, we have
those available. Do I need to present those?
Mr. Fregoe: I’m fine with it.
Mr. Young: I think the last time at renewal, we had several questions from the audience. They seemed to
be gone.
Mr. Yesowitch: Not for our pet breeding license. We approached the board a few years ago and we asked
about possibly opening a pet cemetery at that time. During that discussion, there were some questions
and we backed off and we took back our application. There were some environmental concerns. We have
looked into it but we’ve decided at this time not to do that. Those were the questions, Mr. Young.
Mr. McAtee: I seem to recall though some questions with regards to trees and shrubbery along the border
and the neighbors.
Mr. Yesowitch: We’ve increased the number of trees. We’ve planted many additional trees and the
neighbors that back up to the areas that are in question are the neighbors that I’ve gotten the approvals
from. So we’ve added numerous pine trees to that area. We followed Jack Crooks’ recommendation. He
said rather than put fencing up, like wooden fencing, he would prefer natural trees. And we have
continued to add trees every year.
Mr. McAtee: So whatever concerns the neighbors had, you have addressed.
Mr. Yesowitch: We’ve had no complaints at all.
Mr. Young: You haven’t had anything in three years so…
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Mr. Yesowitch: We’ve had nothing except one complaint ever in the six years that we’re here. Nothing
negative, only positive.
Mr. Young: I assume the business is going well, since you’re back here to renew it.
Mr. Yesowitch: Yes sir. Thank you. Labador Retrievers are wonderful animals.
Mr. Young: If they didn’t shed, they’d be great.
Mr. Fregoe asked for comments from the audience and there were none.
Mr. Hall: I think we should consider five (5) years. They’ve got a good record with us.
Mr. Young: I have no problem with that.
Mr. Yesowitch: Thank you. I appreciate that.
Mr. Young: I only have one question on your EAF form.
Mr. Yesowitch: Yes?
Mr. Young: You said there was no solid waste problems? With all those dogs?
Mr. Yesowitch: What we do sir, is many times throughout the day, in the morning, in the afternoon,
evening and night, we go out shovels in hand. We have many dis-(?) on the areas that we use. We don’t
let any dogs run loose. All of dogs are in runs. The front run we have approximately 24’ x 40’. New
York State provided that fencing to us. The second area is a 24’ x 60’ fenced in area. In our back kennel,
we have 7 runs that are 5’ x 20’ so we have shovels at each of these areas. We have waste receptacles at
each of these areas and they receive the heaviest-duty black plastic bag that we can find and they are
filled 1/3 of the way maybe in a few days and we wrap it up and send it out. So our environment has not
been affected at all by that.
Mrs. Yesowitch: Garbage pick-up is Wednesday mornings.
Mr. Yesowitch: Yes, Wednesday mornings is the pick-up. And they have not complained either. So we
are ok.
Mr. Fregoe: What’s the most number of dogs that you have there at any one time?
Mr. Yesowitch: We are licensed with the Town. We have 17 total. If there are some puppies, we do have
puppies, but we keep them inside in an air-conditioned, heated, air-filtrated area.
Mr. Fregoe: Is there a maximum number on that license?
Mr. Yesowitch: I don’t know. But we are not going any higher than we are right now, that’s for sure.
Mr. Fregoe: You’ll need more bags.
Mr. Yesowitch: Thanks a lot.
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Mr. Fregoe: I don’t have a Part 2 on the form that I got emailed to me this morning. I see a Part 1 but no
Part 2 for me to read a bunch of questions.
Mr. Young: I don’t either. I think it got cut off.
Mr. Fregoe: Ok, I just have to read Part 2, right? The rest is taken care of?
Mr. Young: Nothing changed from last time, did it?
Ms. Field: We don’t think it was done last time.
Mr. Smith: No, we don’t believe there’s ever been one done.
Mr. Young: Really?
Mr. Yesowitch: That is correct. We were not asked for one last time and we were asked for one this time
we provided it within 24 hours.
Ms. Field: I think it was –inaudible---
Mr. Fregoe: Ok. Will the proposed action create a material conflict with an adopted land use plan or
zoning regulations? No.
Will the proposed action result in a change in the use or intensity of use of land? No.
Will the proposed action impair the character or quality of the existing community? No.
Will the proposed action have an impact on the environmental characteristics that caused the
establishment of a Critical Environmental Area (CEA)? No.
Will the proposed action result in an adverse change in the existing level of traffic or affect existing
infrastructure for mass transit, biking or walkway? No.
Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably
available energy conservation or renewable energy opportunities? Again, no.
Will the proposed action impact existing: a. public/private water supplies? I’ll say no. b. public/private
wastewater treatment utilites? No.
Will the proposed action impair the character or quality of important historic, archaeological, architectural
or aesthetic resources? No.
Will the proposed action result in an adverse change to natural resources (e.g., wetlands, waterbodies,
groundwater, air quality, flora and fauna)? No.
Will the proposed action result in an increase in the potential for erosion, flooding or drainage problems?
No.
Will the proposed action create a hazard to environmental resources or human health? NO.
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We’ll just make a note here, no impact. Ok, and we’ll sign that later.
RESOLUTION #2A
Introduced by Mr. Young
Seconded by Mr. Hall
That the Board classifies the application of Lauren Yesowitch, 3956 Canal Road, Spencerport, NY
14559, as a Unlisted, Negative Declaration SEQR action.
Vote of the Board
Ayes: Fregoe, Hall, McAtee, Young, Zale
Nays: None
Absent: Feasel, Burley
RESOLUTION #2B
That the appeal of Lauren Yesowitch, 3956 Canal Road, Spencerport, NY 14559, for a Special Use
Permit renewal, to operate an in-home business consisting of Dog Breeding, at property located at
same; whereas, this is an in-home occupation that may be allowed with a permit granted by the
Zoning Board of Appeals pursuant to Chapter 210-51 in an R-1 Residential District.
Tax Acct.# 086.01-1-26.1
 All customers and employees parking should be limited to the driveway.
 No persons other than members of the immediate family residing on the premises may be
employed;
 Hours of operation: Monday through Friday 9am – 7pm; Saturday and Sunday 9am – 5 pm
 This is a special use permit that we will grant for a period of five (5) years
 Business must stay in compliance with provisions set forth in the code of the Town of Ogden.

Introduced by Mr. Fregoe
Seconded by Ms. Zale
Vote of the Board
Ayes: Fregoe, Hall, McAtee, Young, Zale
Nays: None
Absent: Burley, Feasel
Mr. Fregoe: #3 Appeal of Emery Kapral, STM Tuned, Inc., 43 Turner Drive, Spencerport, NY 14559 for
a conditional use permit to allow retail sales of motor vehicles associated with the existing performance
automotive business. Pursuant to Chapter 210-34.D in a Light Industrial District.
TaxAcct. #087.04-1-15.712
Good evening. And you are?
Mr. Kapral: Emery Kapral.
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Mr. Fregoe: And what’s your address? For the record.
Mr. Kapral: 43 Turner Drive, Spencerport, NY 14559
Mr. Fregoe: I actually missed this meeting, back in June?
Mr. Kapral: Well, this is for something completely different.
Mr. Fregoe: Ok, so maybe explain a little bit about what the business does there right now.
Mr. Kapral: Mainly we are based in manufacturing. We build performance parts for race cars and ship
them all throughout the world actually. While doing that, what we are actually here for today, is we
purchase vehicles constantly to develop parts on and test and things like that. We’re trying to make it so I
can get a dealer’s license so I can avoid paying sales tax on vehicles every time we purchase them and sell
them four (4) months later. Basically, that’s what we are here for. Mainly we are in manufacturing and
we need vehicles, we need to purchase vehicles to manufacture the parts on them and test and so on.
Mr. Fregoe: That dealer license will require a sign?
Mr. Kapral: I don’t know. This is the first step to a dealer license.
Mr. Fregoe: Maybe I’m thinking of an automotive inspection/repair service. Right? About the signage?
Mr. Kapral: Right.
Mr. Fregoe: Ok, maybe a dealer doesn’t need signage.
Mr. McAtee: Well, it may have a sign that would attach to the building but not something that would
necessarily go out front of the building advertising the business.
Mr. Fregoe: How many vehicles are we talking in a year’s time here?
Mr. Kapral: Typically, we buy two or three vehicles. We may buy more for the year. We have on here at
the most five at a time would be at the building. Nothing to overrun, or anything like that. I can probably
say probably two at a time, if that. Honestly, I don’t have the time for it. The main thing is to be able to
develop new parts and so on.
Mr. McAtee: So are you trying to run a retail sales outlet here?
Mr. Kapral: Not necessarily. What we are using this for is, again, to buy a vehicle so we can manufacture
the parts for that vehicle for testing, fitting, and so on. And then when we are done with that, we have to
get rid of the vehicle somehow. If I buy a vehicle and trade it in every time, I’m losing sales tax money
and things like that so I’m trying to avoid that right now.
Mr. Young: Would you be buying vehicles to fix them up and resell them?
Mr. Kapral: It’s a possibility, not fix them up but build them into race cars and sell them to the public
across the country. That’s a possibility as well.
Mr. Hall: These are all special vehicles. There’s nothing standard about them. You’ve got to want speed
and power to go to him. And he’s going to give it to you, I’m sure at a price.
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