7575 Van Buren Road, Baldwinsville, NY 13027
August 2008 ZBA meeting
8/18/08
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 present
Joseph Kiselica present
John Virginia, Chairman absent
Laura McBurney, Vice-Chair present
Also Present: Vera Cavallaro, Secretary
David Pringle, Code Enforcement Officer
Brad Hunt, Attorney
MINUTES
Minutes were approved as written.
Motion
Ms. McBurney moved to accept the July minutes as written, seconded by Mr. Kiselica. There was no further discussion. Motion carried; unanimously
PERYEA TRANSPORTATION
7088 Interstate Island Rd Tax Map Parcel ID# 056-03-04 IND Zoning District
Special Use Permit Section 200-21 D6 Light Vehicle Maintenance and Service
Mr. Patrick Peryea was present to address the Board.
Ms. McBurney read the County comments aloud.
Ms. McBurney asked if there would be storage of vehicles in the fenced in area.
Mr. Peryea said that there won't be any storage of vehicles it will just be the vehicles that they are working on.
Ms. McBurney asked how many vehicles at a time.
Mr. Peryea said two or three and he has one of his trailers parked there that they use as a spare trailer that they change in and out but there won't be any storage of vehicles.
Mr. Peryea said his personal boat is also parked there but he will be removing that.
Ms. McBurney asked if there was anyone that wished to speak either for or against this.
No one spoke.
Ms. McBurney asked the Board to entertain the following resolution:
Patrick J. Peryea d/b/a Peryea Transportation of 812 State Fair Blvd., Syracuse, NY 13209, applies for a Special Use Permit pursuant to Town of Van Buren Code Section 200-21 to allow for motor vehicle service and repair at 7088 Interstate Island Road.
The property is zoned IND and is known as tax map no. 056-03-04. In an IND District, motor vehicle service and repair is a use allowed upon the grant of special permit by the ZBA.
Applicant has submitted, and the ZBA has reviewed, an application, notification to surrounding property owners of pending action, site map, site plans, and SEQRA short form environmental assessment form.
The Onondaga County Planning Board determined that the use will have no significant adverse inter-community or county-wide implications by resolution dated July 22, 2008.
Notice of a public hearing on the special permit application was duly published. Patrick Peryea appeared and spoke in favor of the application. There was no opposition to the proposed motor vehicle service and repair operation.
Based on the above referenced documents, and proof received by the ZBA at the public hearing, the Board resolves as follows:
1. That matter is subject to the State Environmental Quality Review Act (SEQRA). The matter is unlisted. The Board appoints itself lead agency for the uncoordinated review of this matter and finds there will be no significant adverse impact on the environment as a result of this action. The basis for this determination is the subject property, located in an Industrial A zone has adequate space (4 acres) to conduct the motor vehicle service and repair. Additionally the proposed project poses no significant impacts on water, air, agricultural resources or community character and growth and there will be minimal noise associated with the proposal.
2. A special permit is required pursuant to Code Section 200-21 for the proposed use, which the Board finds is a motor vehicle service and repair operation.
3. Pursuant to Section 200-80C (5) of the Code, the Board finds the proposed special use satisfies the Town standards of review as follows:
(a) As the proposed use is allowed in the zoning district by special permit, it is in compliance with the applicable intent and regulations of the Zoning Ordinance;
(b) The proposed use is consistent with the long term development objectives of the area and is serviced by utilities necessary for the motor vehicle service and repair facility;
(c) The scale and design of the use, will have minimal effect on the surrounding area given it will be conducted entirely within an existing building that is in compliance with Town requirements and will be visually compatible with conditions of the site and surrounding properties;
(d) The design of the site provides for efficient vehicular movement given the size of the site and the fact that there is adequate space for the facility and for internal traffic.
(e) The site is adequately served by public utilities;
(f) Drainage on the site will not be significantly affected by the proposed use and the physical layout of the property will not be significantly different than the previous layout;
(g) Regarding aesthetics, there is no substantial change to the physical layout of the property and the proposed improvements compared with the previous improvements will be consistent with the existing facility;
(h) Emissions from the site will be minimal.
4. The Special Permit is granted pursuant to Code Section 200-21 and all other applicable provisions of the Code, so as to allow for operation of a motor vehicle service and repair facility subject to the following:
(a) All buildings will conform to NYS Building Code requirements;
(b) Applicant obtains all necessary permits, licenses and approval required by New York State for the operation of a motor vehicle service and repair facility.
Mr. Bowes 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 ____ _____
Joseph Kiselica x ____ _____
James Bowes x ____ _____
GENESEE VAN BUREN INC
Brickyard Rd Tax Map Parcel Id# 054-02-04.1
Special Use Permit Section 200-30 Fill permit
Mr. Joseph Janowski and Mr. Mark Swimm were present to address the Board.
Mr. Janowski said they are here to obtain a fill permit and this is happening in conjunction with the bidding that is going on Wednesday to redo the Thruway from exit 39 to exit 40, the Thruway will be doing both sides over the next three years and he has been approached to possibly use this 93 or so acres of land which used to be an old mining area, for a staging area for the equipment for the successful bidder and possibly to use it as a fill area. He is not really sure what the fill is except that it is going to be the road debris from the construction of the thruway that will start this fall if this bid price comes in, so this is sort of speculative.
Ms. McBurney said this project is more than just a fill project then.
Mr. Janowski said the only other part to it would be a staging area for equipment because it is right opposite of the service area by exit 39.
Mr. Bowes asked the applicant to explain the staging area.
Mr. Janowski said it would be for the equipment that is going to be used on the site.
Mr. Swimm said the area that they are talking about is approximately 475 x 460ft in diameter and it is the basin of the old clay pit, approximately 15ft in depth is what they are looking to fill.
Mr. Swimm gave the Board a sketch that he drew of the fill area.
Mr. Swimm said the sketch gives the Board a general idea of what they are trying to do and it is all speculation on who gets the contract and if they want to use the area but the reason they are here is Wednesday the bid will be let out to the contractors and according to the Thruway Authority they want the shoulders built up and the wall built up and it will be removal of the old material, all of the blacktop is going to be reclaimed and the concrete is going to be reclaimed and it will basically be some topsoil, gravel and whatever material is underneath.
Mr. Janowski said he is going to be careful about what they put in there because he doesn't want to take a piece of property and do anything to contaminate it so down the road it would create a problem. He only wants clean environmentally safe fill if they go through with this and it makes sense for them and the Board.
Mr. Bowes asked Mr. Pringle if the fill would be inspected as it goes in periodically.
Mr. Pringle said yes between himself and the Town engineer, they will be doing spot checks to make sure of what is going in and where it is coming from and what the code says it can be which is sand, loam, dirt or most any type of ground that is not contaminated. There can't be oils or whatever else that could be coming off of the Thruway property.
The Board and the applicant discussed where the Town line is on the Thruway.
Mr. Bowes asked where the clay pit is exactly on the maps that they plan on filling in because it doesn't show it on the maps.
Mr. Janowski said this site was originally the old landfill site and the pit area of this 93 acre parcel is right in the middle.
Mr. Swimm showed the Board photos that he took of the site.
Ms. McBurney asked if they would be leasing this land out to the Thruway.
Mr. Janowski said not to the Thruway but to the contractor to use this area as a fill and staging area but it is all up in the air because the bid hasn't come out and if the bid isn't acceptable to the State then this whole thing could be scrapped and it would go out to rebids again depending on the price or whatever the State's number is that the State would accept to do this project. This project could also be put off to a future time.
Ms. McBurney asked if they need the fill permit in order to be in contention for the bidding process.
Mr. Janowski said that he doesn't need the fill permit as any part of the bidding that is going on and Mr. Swimm is a subcontractor that is going to be working for the general contractor and of the general contractors that he has talked to the contractors seem to think that this is a very appropriate place for them to work from if the project goes through.
Mr. Swimm explained the timetable for construction of the Thruway and that the staging area will also consist of a possibility of a portable concrete plant to put the new concrete down.
Mr. Janowski said they will not be removing any concrete or asphalt and taking it to this site because they will be regenerating everything right there to use on the roads.
Mr. Swimm said the Thruway Authority will not allow the contractor to reuse blacktop as a sub-base so the contractor will be removing the blacktop and selling it but the concrete will be ground and used in the sub-base.
Mr. Bowes asked what they expect for frequency of truck traffic in and out of the site.
Mr. Swimm said he spoke to a few of the perspective contractors and what the contractors would like to do is meet with the County DOT and the long street stretch that is on Brickyard Rd right before the light at Van Buren Rd, they would like to get access from the Thruway to that area and travel up to the site so that way it is not creating a traffic hazard.
Mr. Janowski said except when they put fill in whatever may be the staging area they will be picking the equipment up in the morning working all day and then putting it back there unless they work during the night so the traffic in and out on Brickyard Rd at that time for that equipment will be minimal from morning to night.
Mr. Bowes asked if the idea was to try to utilize the service area rather than exit 39.
Mr. Swimm said it would be easier for the contractor to put in a small service road but this is what they are proposing and it may all change.
Mr. Bowes asked if there would be an affect on drainage for the site with the amount of fill going in.
Mr. Pringle said a batch plant used 100,000 gallons of water a day.
Mr. Swimm said it uses 30 gallons of water in each yard of concrete and they are figuring 25,000 gallons of water to start the plant up and wash it out at night but they also have a reclaiming system that will filter the water and run it back up.
Ms. McBurney asked if they need site plan approval for the batch plant.
Mr. Pringle said that this has to go to the Planning Board and County Planning.
Mr. Pringle said he hasn't seen an actual survey of the property or any topography and the Planning Board is going to want to see that and the County will make comments on the road and he doesn't know how many trucks they plan on moving in or out or how they plan on getting the trucks to the Thruway if they don't use the rest area because if they are going to go through Warners then there is an impact on the Town roads so there are other things that they don't know yet.
Mr. Janowski said there are things that they don't know yet and they may be here a little prematurely but with the bidding being let Wednesday the contractors are going to be hot to trot after Wednesday to see where they stand and whether it is going to accessible.
The Board and the applicant discussed time frames for approvals.
The Board asked the applicant to fill out part 1 of a long form EAF and submit a survey map, site plan application and a written narrative of what they know about the project at this point.
Ms. McBurney said a fill permit is really only the tip of the iceberg here and there is a lot more that actually could go on.
Mr. Janowski said that it all depends on the contractor.
Ms. McBurney continued this public hearing until the September meeting at 7:31p.m.
The Board stated that the applicant can get started on the site plan approval process with the Planning Board in the interim.
ADJOURNMENT
Mr. Bowes made a motion to close the August Meeting, seconded by Ms. McBurney; motion carried, unanimously. The meeting adjourned at 8:06 p.m.
Respectfully submitted,
Vera Cavallaro
Zoning Secretary
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