The regular meeting of the Whitestown Zoning Board of Appeals was held at the Whitestown
Town Hall, 8539 Clark Mills Road, Whitesboro, New York on Tuesday, January 18, 2011.
There were present: Steven Walthall, Chairperson; John Fadrowski; Kevin Lansing; Raymond
O’Connor, Jr.; and Phil Husted.
There were absent: Joseph Bragg.
Also present were: Richard Murphy, Roger Bowr, Robert Murphy, Pamela Murphy, Gary Lekki,
Patricia Lekki, Carl Graziadei, Kathy Graziadei, Joan Lamb, Bill Copperwheat, Mike Sreca,
Cheryl Sreca, Shawn Kaleta, Robert Baker, Sharon Baker, Vincent Rossi, Sandy Willis, Dan
Willis, Ron Stewart, Alan Swierczek, Eric Sims, Dominick Celia, Sam Celia, Frank Constabile,
and Bob Burroughs.
Chairman Walthall opened the meeting at 7:35 p.m. He welcomed new member, Kevin Lansing.
Upon a motion by John Fadrowski and second by Raymond O’Connor, the minutes from the
November 16, 2010 meeting were approved as written; all were in favor.
1. In regard to the application of Thomas M. O’Grady by Rising Stars Soccer Club of CNY,
Inc., Cider Street and Judd Road, Oriskany, Town of Whitestown, New York, for an Area
Variance for construction of an athletic facility. This area is zoned R-200, and the
proposed construction of the athletic facility is in violation of the Zoning Ordinance as it
does not meet the 200 feet frontage requirement:
Chairman Walthall spoke about whether or not a Use Variance would be needed for the
proposal. He invited the proponents to come forward and discuss the issue. Al
Swierczek stated the property is a 32-acre parcel on both Judd and Cider Streets in
Oriskany. There is a 60’ frontage on both roads; however, a 200’ frontage is required.
Therefore, they are requesting an Area Variance to proceed. Chairman Walthall pointed
out that correspondence was exchanged with regard to the property title. He received a
letter from Richard Platler dated 1/14/2011 (as an owner with Thomas O’Grady) allowing
Rising Stars permission to file for a variance. They are making an application under Site
Plan Review based on the Rising Stars being a service organization. Chairman Walthall
requested all appropriate paperwork designating Rising Stars as such; Frank Conestabile
will provide everything prior to the next meeting. Rising Stars currently owns an indoor
facility on Route 233 in Westmoreland. Their mission is to educate kids through sports.
They also have a nature trail in Westmoreland. They service kids in lacrosse, field
hockey, and soccer. They have been successful the past four years in Westmoreland
during the winter months. They wish to expand to the summer/warmer months with an
outdoor facility. They wish to develop up to 10 soccer fields holding games for kids
during the daylight hours. They are different than AYSO as they are more competitive
and have risk management and certified coaches. They also have travel soccer. There
are over 170 teams that play. The majority of the games will be played on Saturdays and
Sundays between the hours of 9 and 5. There will be occasional team practices at 5 or 6
Chairman Walthall said that procedurally the application is based on the lack of frontage.
Another issue is it is not a permitted use under the ordinance. However, under Site Plan
Review Use it is if it is a service club. Site Plan Review requires them to go to the
Planning Board to address the use issue. They are proposing low-level bleachers (5-6
rows). Chairman Walthall opened the meeting to anyone wishing to speak. Gary Lekki
stated that when he purchased his property from Tom O’Grady the use was supposed to
be residential. An increase in traffic would be detrimental. He asked about wetland
issues. Those would be addressed by the Planning Board. Vincent Rossi, Esq., spoke on
behalf of Richard Murphy and his brother. He discussed the issue of whether or not a
Use Variance is needed as R-100 does not apply as there is no public sewer. Cheryl
Sreca spoke about the property bordering hers. There has already been an increase in
traffic since the Rt. 840 Ext. People would have direct access to her home and her
backyard. There would be no more privacy with her pool. Who will be policing the
property for safety? Several other neighbors spoke about issues that Chairman Walthall
stated would be issues for the Planning Board and the Site Plan Review. Chairman
Walthall requested that anyone wishing to submit data do so before the next meeting.
This matter was adjourned to February’s ZBA meeting. Chairman Walthall closed this
portion of the meeting at 8:50 p.m.
Chairman Walthall spoke about the Whitestown Town Board accepting the resignation of
ZBA member Joseph Ross. He stated he regretfully also accepted the resignation. Over
the years, Mr. Ross has been a tremendous asset providing dedicated service, intelligence,
and good humor. All members echoed Chairman Walthall’s statement.
Regarding Michael Mimassi, Chairman Walthall provided a “Decision of the Board” and
made a MOTION to adopt it as a decision. John Fadrowski asked if there is a quorum;
there is. The decision did not consider and made no interplay of R-100 and R-200, nor
did it make a decision on “use variance” necessity. Raymond O’Connor suggested
“irregardless” be changed to “regardless”. Raymond O’Connor 2nd the motion; John
Fadrowski was in favor; Kevin Lansing abstained; the motion was approved.
There being no further business, the meeting was adjourned at 9:22 p.m.
Deborah M. Gibbs