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Zoning board rejects use variance for Dunning Avenue 'townhome and plaza' proposal after neighbor opposition and SEQR questions
Summary
The Auburn Zoning Board of Appeals voted 0–5 to deny a use variance sought by developer Andrew Drower to allow commercial uses — daycare, bakery and pizzeria — on a parcel at Dunning Avenue; the board also flagged questions on the short-form EAF and potential state permits for vernal pools.
The Auburn Zoning Board of Appeals on Feb. 24 denied a use variance sought by developer Andrew Drower that would have allowed commercial uses, including a daycare, bakery and pizzeria, on a portion of a residentially zoned parcel shown as proposed Lot 2B on Dunning Avenue.
The motion to grant the variance failed on a roll-call vote, with all five members present voting no. The board cited a lack of demonstrated financial hardship and concern that the proposed commercial use would alter the character of the R‑1 neighborhood.
Drower, who identified himself as the applicant and sponsor of the “Auburn Townhome and Plaza Development,” told the board his project would support local businesses and add daycare capacity and housing. “My goal is to bring something that's gonna create a better environment,” Drower said, adding he planned to live on the property and to prioritize local, small businesses such as Jordan Ashley Bakery and Amelia’s Pizza.
Neighbors who spoke at the public hearing urged the board to deny the variance. Leslie Adams of 30 Arlington Ave. told the board the parcel “encompasses a magnitude of wildlife, including vernal pools,” and called the site a “viable ecosystem.” Several neighbors raised traffic and property-value concerns; others pointed to alternative vacant commercial properties on Genesee Street.
Supporters said the proposal would add daycare capacity and local jobs. Melissa Hanley, who said she would be one of the proposed daycare directors, said the development could provide early childhood seats and help contract for 3‑PK and UPK programming.
Board members also examined the short Environmental Assessment Form (short EAF) submitted with the application and identified several open questions. A member of the board summarized recent changes to state wetland rules and said productive vernal pools used for amphibian breeding now can trigger Department of Environmental Conservation (DEC) permitting under New York’s freshwater-wetlands regulatory framework; that could require the applicant to seek state permits and adjust the short EAF before the board issues any environmental determination.
After discussion, a board member moved to grant the use variance for Lot 2B (commercial use: daycare, bakery, pizzeria and unspecified future businesses). Another board member seconded. The board then conducted a roll-call vote: Steigerwald — no; Tamberrino — no; Kilmer — no; Odessa — no; Martini — no. The motion failed and the application was denied. The board noted that a future application would need materially different financial documentation and evidence of hardship to be considered.
