7575 Van Buren Road, Baldwinsville, NY 13027
December 2007 Minutes
The Regular Meeting of the Zoning Board of Appeals of the Town of Van Buren, held at the Town Building, 7575 Van Buren Rd., was called to order at 7:30 p.m.
All present joined in the Pledge of Allegiance to the Flag.
Roll Call: Robert Cleverly present
James Bowes absent
Ronald Abold absent
John Virginia, Chairman present
Laura McBurney, Vice-Chair present
Also Present: Vera Cavallaro, Secretary
Ted Spencer, Attorney
MINUTES
Mr. Virginia corrected minor typos to the November minutes.
Motion
Mr. Virginia moved to accept the November minutes as amended, seconded by Ms. McBurney. There was no further discussion. Motion carried; unanimously
RIVERIDGE DEVELOPMENT LLC
River and Daboll Rd. Tax Map Parcel ID# 045-01-01.2 AR-80 Zoning District
Mr. Virginia said that Riveridge will not be attending tonight's meeting and that the Public Hearing will be continued on January 22, 2007.
Mr. Virginia also asked that Riveridge be put last on the Agenda.
Mr. Virginia waived the reading of the Public Notices.
MOWERS
204 Button Shores Rd. Tax Map Parcel ID# 39-01-03.0 AR-80 Zoning District
Mr. Joe Mastroianni was present to address the Board.
Mr. Mastroianni said that the structure for the lot is located on Button Shores Rd. and there is a 12ft right of way that is just like a grass path that allows an access to the property. The existing structure is a stick built structure with a log façade and structurally there are a lot of repairs that need to be done. The structure is also raised up on piles so there is a lot that would have to be done. There is an operating septic system in the same area and an existing well. The septic tank is off to the side of the house and they are looking to move it over but they will be using the same bed but upgrading it. The Mower's would like to build a single bedroom retirement home with a second room upstairs that will be used as a quilt room but they will have the space for the necessary leach lines.
Mr. Mastroianni said that the reason for the variances is for the size of the structure and they presently have the septic plan under review with the County and they need to have the house atleast 20ft off of the leach line and it is shown about 22ft give or take and they would like to put in one additional line just to have a little extra but that is keeping the structure back that way. They do not want to go any closer to the River and they are also going back because the existing structure is 42ft at the North West corner and the new structure will be putting them back 52ft from the water and they were told by the Codes Officer that the river side is viewed as the front of the house. So they are looking at being 17ft off the right of way which would be 8.7ft back from where it is now from the back corner, 15ft off from the one side and
52ft off from the river.
Mr. Virginia said that they are also looking for a variance for the garage and asked why they could not put the garage 5ft over and meet Town code.
Mr. Mastroianni said that the garage could be shifted.
The Board and the applicant discussed how close the neighboring properties are.
Mr. Virginia asked the applicant to submit a revised map showing the garage at the correct location.
Mr. Virginia asked if there was anyone in the audience that would like to speak to this matter.
Mr. Virginia closed the Public Hearing.
Mr. Virginia proposed the following resolution:
Norman Mowers and Sally Mowers of 204 Button Shores Road, Baldwinsville, NY 13027 seek an area variance from Section 200-45 of the Town of Van Buren Code related to the front yard, side yard and rear yard setback requirements for a proposed house and garage structure to be located at this property. The property is located in an AR-80 District and is identified as Tax Map parcel 039-01-03.0. The Zoning Code requires 15 feet for the side yard and rear yard setbacks for an accessory structure. The Code requires the following setbacks for the principal structure: front - 60 feet, rear - 50 feet and side 40 feet. Mr. Mower's proposal provides for the following: for the principal structure, a front yard setback of 52 feet and a side yard setback of 15 feet and a rear yard setback of 17 feet; for the garage a rear
yard setback of 17 feet.
Mr. Mastroianni spoke in favor of the application. He described the plan and the circumstances under which the structures are to be constructed.
In support of the application, applicant submitted an Application for Variance, Agricultural Data Statement, Notice to Surrounding Property Owners and a survey map prepared by Mastroianni Engineering showing the location of the house and proposed garage.
Based on the foregoing, the Board resolves as follows:
1. This matter is Type II under SEQR as it involves an individual setback variance related to a single family residential use.
2. It is determined the requested variance will not produce any undesirable change in the character of the neighborhood and will not be a detriment to nearby properties. Due to the lot's size and topography and other physical limitations, there was no feasible method to pursue other than the area variance so that the improvements are located consistent with the site. The proposed variance will not have an adverse effect or impact on the physical environmental conditions in the neighborhood or district. Neighbors express no objection to the variance. The benefit to applicant outweighs any detriment to the neighborhood or community as a result of granting the variance.
3. A variance is granted to allow for the location of a garage (measuring approximately 20' x 30') with a rear yard setback at 17 feet. A Variance is also granted for the proposed principal structure as follows: rear yard setback of 33 feet, front yard setback of 8 feet, and side yard setback of 25 feet.
4. This Variance is subject to Onondaga County Health Department approval for a septic system to serve this property.
5. This Variance is pursuant as shown on Property Plan P-1 by Mastroianni Engineering submitted with the application
6. The proposed garage will be located not to require a Variance for a side yard setback.
Ms. McBurney seconded the resolution. There was no further discussion. Resolution carried on a roll call vote that follows:
Roll Call Vote:
Aye Nay Other
John Virginia x ___ _____
Robert Cleverley x ___ _____
Laura McBurney x ___ _____
Ronald Abold ___ ___ x
James Bowes ___ ___ x
QUAKER STEAK AND LUBE
3535 Walters Rd. Tax Map Parcel Id# 055-04-02.7
Mr. Jeff Debner was present to address the Board.
Mr. Debner showed the Board a picture of the outside of the building so the Board could see what it would actually look like. The building shown is in Madison, Wisconsin but it has the same signage as they are proposing.
Mr. Virginia said that the applicant is looking for a variance for 470sf.
Mr. Debner stated that they will not have a monument sign out front and the only signage will be on the building and the building is going to be set back from the road at 450ft.
Mr. Debner discussed each sign with the Board.
Mr. Spencer asked if all the signage that they are proposing is affixed directly to the façade of the building.
Mr. Debner said yes.
Ms. McBurney asked the applicant to explain the eat sign.
Mr. Debner said there is neon that goes up with the arrow.
Ms. McBurney asked if it helps hold up the roof or anything.
Mr. Debner said no.
Mr. Debner showed the Board what the interior would look like.
The Board discussed the signage plan and square footage with the applicant.
Mr. Virginia asked if there was anyone in the audience that would like to speak to this matter.
Ms. Diane Parry Soutar said that she lives across the street and when this was originally proposed it was supposed to be up on the corner and she was never notified of any change and now it is being built directly across the street from where she lives. She has a 9 yr old autistic child and the noise that is going to come from the motorcycles and hotrods is going to send her child's sensory off the wall and now the applicant is talking about neon lights. For nine years her child has not been able to say anything and now they are getting a communication device and if this goes through with these neon lights her child will not sleep and the last nine years of trying to get her child to speak are going to be out the window. If the Board wants to put this building with its neon lights in the center of Town, go for it but she doesn't think it
needs to be in her front yard. There is no one else on her street or in the Town that has this much lighting and it is absolutely uncalled for. In the original site plan this was supposed to be on the corner of Walters and Winchell and she was never notified that it would be right in front of her house and she had no idea until they moved the hedgerow and she called Mr. Pringle and asked what was going on and Mr. Pringle said that if she came to the meetings she would know what was going on and with a nine year old autistic child she can not make those meetings. Their driveway is right at the corner of her fence which was put up by the disability association for the safety of her child so when they have weeks like nationals or bike week if someone comes ripping out of that driveway and loses control they are going to be in her front yard.
The Board discussed where the restaurant is located on the property.
Mr. Debner said that the restaurant is 450ft off the road.
Ms. Soutar said that there is nothing screening it because they took out all the hedgerow and trees.
The Board discussed how this project has already been through the site plan process with the Planning Board but not the signage.
Mr. Cleverly asked if Ms. Soutar objects to the restaurant or the signage.
Ms. Souter said obviously they already have approval to build it and there is nothing she can do about that but she doesn't think she needs to have neon lights in her bedroom windows at night and her house doesn't need to be lit up like a Christmas tree on the fourth of July and she doesn't think it is called for and all the businesses on the street do not have signage like that.
Mr. Cleverly said the responsibility of this Board is just for the signage.
Ms. Soutar said that she doesn't think that they need all that signage.
Mr. Virginia said that this Board is approving square footage not type of sign and this will go back to the Planning Board for final signage approval and that is where the neon lights will be discussed. This Board has no jurisdiction over the type of lights or signage and the applicant is just here for square footage.
Ms. Soutar asked how bright the lights can be.
Mr. Virginia said that he doesn't know and that would be something that the Planning Board would look at and Ms. Soutar should go to that meeting which will be January 7, 2008 at 7:00pm.
Mr. Virginia said anything done tonight by this Board is subject to Planning Board approval and the Planning Board can question the type of lights and the candle power.
Mr. Spencer said usually there is a lighting plan and that is a part of the site plan process.
Mr. Virginia said that if anything comes across onto additional properties the Planning Board tends to disapprove of it.
The Board discussed the square footage that the applicant is asking for.
Ms. McBurney asked about the hours of operation.
Mr. Debner said that it will be open from 11am until 10pm during the week Sunday thru Thursday and on the weekends they will keep the kitchen open until 11pm.
Mr. Virginia said that he would like the Planning Board to take a look at the lighted eat sign and the border around the top of the building for intensity and a possibility of putting screening in somehow from the road.
Mr. Virginia asked if there was anyone else that wanted to speak to this matter.
Mr. Virginia closed the public hearing.
Ms. McBurney proposed the following resolution:
QSL Syracuse LLC applies for an area variance from provisions of Sections 200-54(B)(1) of the Town of Van Buren Code with respect to signage related to tax map property no.055-04-02.7, located at 3535 Walters Road in conjunction with the development of the parcel. The property is located in a PUD zoning district.
Applicant has submitted the following information which the Board has reviewed: Application; agricultural data statement; statement of proposed signage and details for its various signs.
Applicant has requested a variance from the Code as follows:
(a) Section 200-54(B)(1) for total signage located at the property, where the Code sets a limit of 100 square feet and applicant proposes 470 square feet.
Jeff Debner of QSL Syracuse, LLC was present to address the Board. Diane Parry Souter spoke in opposition to the application at the public hearing. Based on the submissions of Applicant and testimony presented at the public hearing, the Board resolved as follows:
(1) This matter is unlisted under the State Environmental Quality Review Act. The Board appoints itself as lead agency for the uncoordinated review of this matter. As the application relates to an area variance as to the total signage, the Board finds that the proposal will have no potential adverse environmental impact, particularly with respect to water, drainage, air quality, soils or other matters of environmental significance.
(2) The variance for total signage at the property of 470 square feet is granted as it will not produce an undesirable change in character of the neighborhood (zoned as PUD), is not substantial given the nature of the site and its size and will not result in an adverse effect or impact of the physical environment or conditions in the neighborhood or district. (3) Any subsequent changes to the signs, including changes necessitated by change in ownership, would require submission to and approval of the Zoning Board of Appeals.
(4) This Variance is contingent upon Town of Van Buren Planning Board approval.
Mr. Cleverly seconded the resolution, there was no further discussion. Resolution carried on a roll call vote that follows:
Roll Call Vote:
Aye Nay Other
Ronald Abold ___ ___ x
Robert Cleverly x ___ _____
Laura McBurney x ___ _____
John Virginia x ___ _____
James Bowes ___ ___ x
RYAN HOMES, INC
46 Cross Country Drive Tax Map Parcel Id# 033.1-04-24
Mr. Hal Romans was present to address the Board.
Mr. Romans said that the original layout of the house on the plot plan was for a garage on the right and it was flipped in the field because the buyer wanted the garage on the left and when the field personnel flipped the house they didn't realize that the portion of the garage that sticks out would go over the building line and it ended up being 6 tenths of a foot over the building line. It ends up being 0.35ft. It is not substantial and the lots to either side are still owned by the developer. The field personnel have been told not to do field changes again without calling the office for a re-stake and they have a policy in place now that will take care of that.
Mr. Virginia asked if there was anyone in the audience that would like to speak.
Mr. Virginia closed the public hearing.
Ms. McBurney proposed the following resolution:
Ryan Homes of 159 Dwight Park Circle, Suite 205, Syracuse, NY 13209 seeks an area variance from Section 200 33 (B) (5) of the Town of Van Buren Code related to the location of a house foundation. The property is located in a PUD District and is identified as Tax Map parcel 033.1-04-24.
Mr. Hal Romans of Ianuzzi and Roman Land Surveying spoke in favor of the application and described the construction of a new house at the site. The foundation is located approximately 29.4 feet from the road's right of way line and 55 feet from the side yard line. The front yard setback variance is required because the foundation is located closer than the 30 feet minimum required by the Code. Mr. Romans explained in detail to the Board the physical limitations of the property based on topography and existing improvements which include a concrete foundation.
There was no objection to the proposal at ZBA's public hearing, which was held on December 17, 2007 pursuant to public notice.
In support of the application, applicant submitted an Application for Variance, Agricultural Data Statement, Notice to Surrounding Property Owners, location sketch and survey showing the location of the foundation on the property.
Based on the foregoing, the Board resolves as follows:
1. This matter is Type II under SEQR as it involves an individual setback variance related to a single family residential use.
2. It is determined the requested variance will not produce any undesirable change in the character of the neighborhood and will not be a detriment to nearby properties. The proposed variance will not have an adverse effect or impact on the physical environmental conditions in the neighborhood or district. Neighbors express no objection to the variance. Given the shape of the lot and the principal structure location, there is no other apparent method to achieve the benefit applicant wishes to obtain other than a variance and the benefit to applicant outweighs any detriment to the neighborhood or community as a result of granting the variance.
3. A variance is granted to allow the construction of a house with a foundation, located 29.4 feet from the front line of the property. Any additional structures or modifications to existing structures shall require additional review and approvals.
Mr. Virginia seconded the resolution. There was no further discussion. Resolution carried on a roll call vote that follows:
Roll Call Vote:
Aye Nay Other
John Virginia x ___ _____
Robert Cleverley x ___ _____
Laura McBurney x ___ _____
Ronald Abold ___ ___ x
James Bowes ___ ___ x
SCOTT WARNER
New State Route 31 Tax Map Parcel Id# 032-01-06.0
Mr. Scott Warner was present to address the Board.
Mr. Warner said that the building line was set at 260ft from the road and he said Mr. Pringle felt that it was 60ft from the road and 40ft on the side and he said Mr. Pringle said that he couldn't understand why the building line was set at 260ft. The problem with the property is at about the 250ft mark from the road and it drops right off into the swamp, it is useless, two thirds of the property is useless so there is no way to build back where the building line is set.
Mr. Virginia said that this Board set the building line based on a flag lot and the setback is 60ft but this application is for dimensional requirements on this lot.
The Board and the applicant discussed that the variance that was currently in front of the Board was for the 2.5 to 1 ratio and the applicant would have to come back for another variance to set the building line forward.
The secretary read the Public Notice aloud.
The Board and the applicant discussed what the applicant would need to come in for a variance to build closer than 260ft.
Mr. Virginia asked if there was anyone who wished to speak either for or against this matter.
Mr. Virginia proposed the following resolution:
Scott Warner of 1605 Kingdom Road has requested a variance from the zoning code relative to a flag lot located at New York State Route 31, tax map parcel 032-01-06 with respect to the lot to depth ratio. The property is located in an AR 80 district.
The front portion of the proposed lot measures 115 feet wide at the road and extends back 200 feet. At this point the parcel widens out to 230 feet and becomes the "regular portion of the lot" under the code's "front yard" definition. The depth of the lot is 1074.66 feet. The parcel measures approximately 5.29 acres but its utilization is limited by NYS wetlands. The width to depth ratio exceeds the code standard of 1 to 2.5.
Applicant has submitted an application, Agricultural Data Statement, Short Form EAF, Notification to Surrounding Property Owners, and proposed map.
This matter is unlisted under SEQR and upon review of the short EAF the Board declares itself lead agency for the uncoordinated review of the application. The application does not result in any significant adverse environmental impacts.
With respect to the variance application the Board determines that given the nature of the property, its lot layout and limitations because of physical characteristics the requested variance will not result in an adverse effect or impact on the environment or conditions in the area. A variance is hereby approved for a proposed lot with a width of 115 feet at the road line and a depth of 1074.66 feet, conditioned upon subdivision approval by the Town of Van Buren Planning Board.
Ms. McBurney seconded the resolution. There was no further discussion. Resolution carried on a roll call vote that follows:
Roll Call Vote:
Aye Nay Other
John Virginia x ___ _____
Robert Cleverly x ___ _____
Laura McBurney x ___ _____
Ronald Abold ___ ___ x
James Bowes ___ ___ x
ARROW SPACE
2120 Downer St Rd. Tax Map Parcel Id# 03-03-15
Mr. Joe Mastroianni was present to address the Board.
Mr. Virginia said that the Planning Board has given this application a positive recommendation and read the recommendation aloud.
Mr. Mastroianni said the one sign that is 32sf meets code because they are allowed 36sf and it is only 32sf and they are looking for a second monument sign that would be 6' x 15' or 90sf and the top of the sign will be 10ft and the code allows for 30ft. This sign will be no taller than any of the structures and will be internally lit. The main focus on this sign is the traffic on Route 690. Route 31 or Downer St due to grade changes the traffic won't even see that sign because it is further back.
Mr. Virginia asked if there was anyone that would like to speak either for or against this matter.
Mr. Virginia closed the public hearing.
Mr. Virginia proposed the following resolution:
Arrow Space Inc. applies for an area variance from provisions of Sections 200-54(B)(1) of the Town of Van Buren Code with respect to signage related to tax map property no.033-03-15, located at 2120 Downer Street in conjunction with the development of the parcel. The property is located in a PUD zoning district.
Applicant has submitted the following information which the Board has reviewed: Application; agricultural data statement; statement of proposed signage and details for its various signs.
Applicant has requested a variance from the Code as follows:
(a) Section 200-54(B)(1) for total signage located at the property, where the Code sets a limit of 32 square feet and applicant proposes 122 square feet.
Joseph A. Mastroianni, PE was present to address the Board. There was no opposition to the application at the public hearing. Based on the submissions of Applicant and testimony presented at the public hearing, the Board resolved as follows:
1) This matter is unlisted under the State Environmental Quality Review Act. The Board appoints itself as lead agency for the uncoordinated review of this matter. As the application relates to an area variance as to the total signage, the Board finds that the proposal will have no potential adverse environmental impact, particularly with respect to water, drainage, air quality, soils or other matters of environmental significance.
(2) The variance for total signage at the property of 90 square feet is granted as it will not produce an undesirable change in character of the neighborhood (zoned as PUD), and is not substantial given the nature of the site and its size and will not result in an adverse effect or impact of the physical environment or conditions in the neighborhood or district. Reference is hereby made to Applicant's "Site Plan Application" dated November 15, 2007, Drawing No. S-1 for the approved setback and location of the signage.
(3) Any subsequent changes to the signs, including changes necessitated by change in ownership, would require submission to and approval of the Zoning Board of Appeals.
Ms. McBurney seconded the resolution. There was no further discussion, Resolution carried on a roll call vote that follows:
Roll Call Vote:
Aye Nay Other
Ronald Abold ___ ___ x
Robert Cleverly x ___ _____
Laura McBurney x ___ _____
John Virginia x ___ _____
James Bowes ___ ___ x
OTHER BUSINESS
The Board discussed the upcoming County training sessions.
ADJOURNMENT
Mr. Cleverly made a motion to close the December Meeting, seconded by Ms. McBurney; motion carried, unanimously. The meeting adjourned at 9:10 p.m.
Respectfully submitted,
Vera Cavallaro
Zoning Secretary
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