Van Buren, NY - Zoning Board of Appeals May 19, 2003

Zoning Board of Appeals May 19, 2003

May 19, 2003

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 Cleverley present

Allen Mitts present

James Bowes present

Ronald Abold present

John Virginia, Chairman present

Also Present: Ted Spencer, Attorney

Donna Aulds, Secretary

David Pringle, Codes Enforcement Officer

Mary Crego, Supervisor

Harold Johnson, Councilor

MINUTES

Mr. Abold made a motion to approve the March minutes, as typed and distributed. Mr. Mitts seconded the motion; motion carried, unanimously.

PUBLIC HEARING – PURDY

6491 Newport Rd., Tax Parcel #054.-04-21.0

Special Use Permit #200-35(C)2 – Motor vehicle service and repair

The public hearing opened at 7:31 p.m. The secretary read the public notice aloud.

Mr. Gerald Purdy was present to address the Board.

Mr. Purdy submitted a map and EAF (Environmental Assessment Form) to the Chairman.

Mr. Virginia said the map was an old survey map with drawings labeled by the applicant of where he stored vehicles, cars and buses. Mr. Virginia said it was unorganized.

Mr. Purdy said he was confused as to what the Board expected from him.

Mr. Virginia said the applicant is running an illegal junkyard and that the cars need to be removed and the buses.

Mr. Purdy said he could remove the cars, but wanted the buses to remain since they are used for storage. Mr. Purdy said there are vehicles on the lot sinking into the ground that are owned by LaValle Paving, whom pay the applicant storage fees, and that the income from them pay for Mr. Purdy’s taxes.

Mr. Virginia asked if the DOT (Department of Transportation) had any problems with the applicant’s access road.

Mr. Pringle said there was no problem from DOT.

Mr. Bowes said that the applicant needs a clearer plan of what is going on the proposed property.

Mr. Abold asked what the buses were stored for on the property.

Mr. Purdy said he had three old buses on the property which he stores car parts inside.

Mr. Virginia read the special use checklist to Mr. Purdy.

Mr. Purdy said he didn’t understand, that he had been working for years on his property, bothering no one.

Mr. Virginia said junkyards are not allowed and that Mr. Purdy needs a better designed plan.

Mr. Virginia offered to visit the applicant on site to determine in writing what in fact is operating on the property.

Mr. Purdy agreed and that he could meet with Mr. Virginia next week.

Mr. Virginia made a motion to table the application to June 16^th, Mr. Mitts seconded the motion; motion carried, unanimously.

The public hearing is continued at 7:50 p.m.

PUBLIC HEARING – GARY BELL

7443 Van Buren Rd., Tax Parcel #031.-02-06.1

Special Use Permit #200-15C(10) Enclosed Storage and Variance from Section #200-93J(3) signage (square footage and illumination). R-40 Zoning District

The public hearing opened at 7:52 p.m. The secretary read the public notice aloud.

Mr. Gary Bell and Mr. Carl Fleegel were present to address the Board.

Mr. Bell said that they submitted a new proposal for the sign and that it was a monument sign rather than a pylon. Mr. Bell said he is also seeking a variance for sign square footage and illumination, and a special use permit for enclosed storage units.

Mr. Virginia said that the application needed to go back to the Planning Board.

Mr. Virginia asked the applicant if a stop sign would be erected.

Mr. Bell said that he could.

Mr. Pringle said that he is not required by DOT since the drive does approach an intersection.

Mr. Bell said his hours of operation would be from 6:00 a.m. to 11:00 p.m. and that the monument sign light would remain lit through the nighttime.

Mr. Virginia asked if there was any one who would like to speak regarding the application.

Mrs. Aulds commented that she hoped the applicant would consider aesthetics with landscape upkeep and building upkeep since the property was very visible and was at the entrance to the Town.

Mr. Virginia closed the public hearing at 8:10 p.m.

Mr. Mitts proposed the following resolution #Z-03-09:

Gary Bell applies for an area variance from provisions of Section 200-93(J)(3) of the Town of Van Buren Code related to tax map property no.031-02-06.1, located at 7433 Van Buren Road in conjunction with the development of the parcel as a self-storage facility. The property is located in an R-40 zoning district.

Applicant has submitted the following information which the Board has reviewed: Application, dated February 14, 2003; agricultural data statement; short environmental assessment form; statement of proposed signage and details for its monument sign, wall signs, and directional signs. The current proposed requests one monument sign along Van Buren Road and two wall signs.

Applicant has requested variances from the Code to allow a monument sign that exceeds the height limitation of 6 feet by an additional one foot, two inches for a total height of 7 feet two inches. Additionally, the monument sign proposed measures 44.66 square feet; the Code allows 24 square feet. Applicant requests a variance of 20.66 square feet to allow the proposed sign.

The Planning Board issued a positive recommendation with respect to the requested variance at its meeting of April 7, 2003 with the recommendation that sign layout be subject to final site plan approval by the Planning Board. The Onondaga County Planning Board recommended against approval of sign variances by resolution dated April 29, 2003. Gary Bell 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 variances as to the size of the signs, 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 variances for signs as to height and square footage are granted as they will not produce an undesirable change in character of the neighborhood (zoned R-40), are 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. The height of the sign may not exceed 7 feet, 2 inches and the area of the sign may not exceed 44.66 square feet.

(3) The variances are granted subject to Applicant’s utilization of the site as a self-storage facility and for no other business operation and further subject to final site plan approval by the Town’s Planning Board. 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.

Mr. Virginia seconded the resolution; there was no further discussion.

Roll Call Vote:

Robert Cleverley yes

Allen Mitts yes

Ronald Abold yes

James Bowes yes

John Virginia, Chair yes

Vote: 5 yes, 0 no; motion carried.

Mr. Virginia proposed the following resolution #Z-03-10:

Gary Bell of 8025 Brewerton Road, Cicero, NY 13039, applies for a Special Use Permit pursuant to Town of Van Buren Code Section 200-15(C)(10) to allow for the construction of a self-storage facility at 7443 Van Buren Road.

The property is zoned R-40 and is known as tax map no. 31.00-02-6.1. In an R-40 District, a self-storage facility is a use allowed upon the grant of special permit by the ZBA.

Applicant has submitted, and the ZBA has reviewed, an application, agricultural data statement, notification to surrounding property owners of pending action, and SEQRA short form environmental assessment form and site plan drawing prepared by Whelan & Curry Construction Services, Inc. dated May 1, 2003.

Notice of a public hearing on the special permit and application was duly published. Gary Bell appeared and spoke in favor of the application. Concern as to the maintenance and upkeep to the proposed self-storage facility was expressed at the public hearing.

The Town of Van Buren Planning Board recommended approval of the special use permit by resolution dated April 7, 2003 and May 5, 2003 subject to its final site plan approval.

The Onondaga County Planning Board recommended approval of the special use permit subject to consideration of two modifications:

(1) No retail sales allowed on site

(2) Consideration by the Town of the compatibility of the proposed use at this site with surrounding uses.

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, while located in a residential zone has adequate space (5.23 acres) to accommodate the proposed facility. 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 use permit required pursuant to Code Section 200-15(C)(3) for the proposed use, which the Board finds is a self-storage facility.

3. Pursuant to Section 200-108 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 facility; across Van Buren Road from this site there exists a retail gas station, convenience store and car wash; the property across the road is zoned Industrial PUD; there are other existing commercial sites nearby;

(c) The scale and design of the proposed use has minimal effect on the surrounding area and will be visually compatible with conditions of the site and surrounding properties which include other commercial sites and an interstate highway access ramp;

(d) The proposed design of the site provides for efficient vehicular movement given the size of the site and its access to Van Buren Road.

(e) The site is adequately served by public utilities; although there is no existing public sewer or public water the proposed use will be adequately serviced by a septic system and well;

(f) Drainage on the site will be managed by installation of a storm water drainage system and construction of a storm water management area;

(g) Regarding aesthetics, applicant plans for landscaping and building design will result in minimizing the contrast of the new site with its surroundings;

(h) Emissions from the site will be minimal.

4. The Special Use Permit is granted pursuant to Code Section 200–15(C)(10) and all other applicable provisions of the Code, so as to allow for operation of a self-storage facility subject to:

(a) Final site plan approval is granted by the Planning Board;

(b) A driveway permit is issued by the Town of Van Buren Highway Department or County of Onondaga Department of Transportation, as applicable.

(d) Building signage may be illuminated only during hours of operations.

Mr. Mitts seconded the resolution; there was no further discussion.

Roll Call Vote:

Robert Cleverley yes

Allen Mitts yes

Ronald Abold yes

James Bowes yes

John Virginia, Chair yes

Vote: 5 yes, 0 no; motion carried.

SET PUBLIC HEARING – RICHARD BENSON

Van Buren Rd., Tax Parcel #030-04-12.0 and #030-04-11.0 (two vacant lots)

Variance from Section # 200-16A2(c) rear yard setback. R-40 Zoning District

The public hearing opened at 8:21 p.m. The secretary read the public notice aloud.

Mr. Benson was present to address the Board.

Mr. Virginia asked Mr. Benson where the house is going to be located so that the Board could set an exact dimension for a variance.

Mr. Benson was unsure of where he wanted to place the house, but could do it with a 30’ setback from the front property line.

Mr. Virginia asked for Mr. Benson to submit a map showing the location of the house.

Mr. Virginia read a letter from Claude Sykes authorizing the applicant to hook up to Village Sewer.

Ms. Crego, who was present, asked how the applicant who lives in the Town of Van Buren could get authorization for sewer hookup from the Village. Ms. Crego asked who would install the pipe to the Village line.

Mr. Benson said he could do it.

Ms. Crego said he would have to form a sewer district since he was hooking up more than one home, per his proposal.

Mr. Virginia asked that the application be tabled for more information from the applicant.

The hearing was tabled at 8:36 p.m.

PUBLIC HEARING – PATRICK PICCIONI

6861 Kingdom Rd., Tax Parcel #046.-02-01.2

Variance from Section #200-14A(3)(d) for building height. AR-80 Zoning Distr.

The public hearing opened at 8:37 p.m. The secretary read the public notice aloud.

Mr. Patrick Piccioni and Margaret Piccioni, owner, were present to address the Board.

Mr. Piccioni said that he built his garage according to code, but that it blew down in the storm and that when he had it rebuilt and the height then came out 2’ high.

Mr. Virginia asked if anyone wanted to speak regarding the application. No one spoke.

Mr. Virginia closed the public hearing at 8:38 p.m.

Mr. Abold proposed the following resolution #Z-03-11:

Patrick Piccioni, owner of 6861 Kingdom Road (tax map #046-02-1.2), applies for a variance from Section 200-14(A)(3)(d) of the Zoning Ordinance for a seventeen feet high storage barn in the backyard area. Section 200-14(A)(3)(d) provides that an accessory structure may not exceed fifteen feet in height. The property is located in an AR-80 District.

Applicant submitted an application, agricultural data statement, notification of neighbors form, and a map of the property prepared by Stephen Sehnert, P.L.S., dated July 26, 1995 with the approximate location of the barn drawn in by applicant.

Applicant testified at the hearing regarding the construction of the barn in 2003 and the deviation in height that resulted when the initial set of trusses was destroyed by wind and replaced with slightly higher trusses.

There was no opposition at the public hearing held on May 19, 2003.

Based on the documents submitted by applicant and the testimony of applicant, the Board resolves as follows:

1. This matter is Type II under SEQR.

2. The barn is located approximately 300 feet from the edge of Kingdom Road, behind the existing one story house. The Board determines the barn with a height of 17’ will not produce an undesirable change in the character of the neighborhood and is minimal in size.

3. The benefit sought by applicant cannot be achieved by any feasible method, other than the area variance.

4. The variance is granted on the basis the benefit to applicant if the variance is granted outweighs any detriment to the health, safety and welfare of the neighborhood and community as a result of the granting of the variance.

Mr. Mitts seconded the resolution; there was no further discussion.

Roll Call Vote:

Robert Cleverley yes

Allen Mitts yes

Ronald Abold yes

James Bowes yes

John Virginia, Chair yes

Vote: 5 yes, 0 no; motion carried.

PUBLIC HEARING – JIM & KELLY DESENA

7525 W. Dead Creek, Tax Map #043.-02-07.1

Variance from 200-14A3(d) building height. AR-80 Zoning District

The public hearing opened at 8:39 p.m., the secretary read the public notice aloud.

Mrs. Kelly DeSena was present to address the Board.

Mrs. DeSena said that she wanted a garage that had storage in the attic and needed a variance for garage height. Mrs. DeSena said that it would not be higher than her house.

Mr. Pringle said that the applicant was 20’ away from the power lines with the proposed garage.

Mr. Virginia asked if anyone wanted to speak regarding the application. No one spoke.

Mr. Virginia closed the public hearing at 8:45 p.m.

Mr. Cleverley proposed the following resolution #Z-03-12:

James Desena and Kelly Desena, owners of 7525 West Dead Creek Road (tax map #043-02-7.1), apply for a variance from Section 200-14(A)(3)(d) of the Zoning Ordinance for a two feet height variance for a garage. Section 200-14(A)(3)(d) provides that a structure may not exceed fifteen feet in height. The property is located in an AR-80 District.

Applicants submitted an application, agricultural data statement, notification of neighbors form, and a map of the property prepared by Stephen Sehnert, dated September 12, 1996 with the approximate location of the house.

Applicants testified at the hearing regarding the construction of the garage and the desire to improve the visual appearance and utility of the property.

There was no opposition at the public hearing held on May 19, 2003.

Based on the documents submitted by applicant and the testimony of applicant, the Board resolves as follows:

1. This matter is Type II under SEQR.

2. The garage is located approximately 50 feet from the edge of West Dead Creek Road. The Board determines the garage at seventeen feet in height will not produce an undesirable change in the character of the neighborhood and does not adversely impact sight distance for vehicular traffic.

3. Certain benefits sought by applicant cannot be achieved by any feasible method, other than the area variance.

Mr. Bowes seconded the resolution; there was no further discussion.

Roll Call Vote:

Robert Cleverley yes

Allen Mitts yes

Ronald Abold yes

James Bowes yes

John Virginia, Chair yes

Vote: 5 yes, 0 no; motion carried.

PUBLIC HEARING – SHERRY WILKINSON

7686 Seneca Beach Drive, Tax Map #030.-03-12.2

Variance from Section #200-62B fence height

The public hearing opened at 8:47 p.m. The secretary read the public notice aloud.

Ms. Sherry Wilkinson was present to address the Board.

Ms. Wilkinson said she wanted an 8’ high fence installed in the front yard and would need a variance for the height. Ms. Wilkinson said she needed the proposed height for her privacy and safety from neighboring property.

Mr. Pringle said that “line-of-sight” was not a problem.

Mr. Virginia asked if anyone wanted to speak regarding the application. No one spoke.

Mr. Virginia closed the public hearing at 8:49 p.m.

Mr. Virginia proposed the following resolution #Z-03-13:

Sherry L. Wilkinson, owner of 7686 Seneca Beach Drive (tax map #030-03-12.2), apply for a variance from Section 200-62(B) of the Zoning Ordinance for an eight feet high hemlock fence in her front yard area that is 80 feet long. Section 200-62(B) provides that a fence may not exceed three and one-half feet in height in the front yard area. The property is located in an R-10 District.

Applicant submitted an application, agricultural data statement, notification of neighbors form, and a map of the property prepared by Stephen Sehnert, dated October 16, 1987 and a contractor’s drawing with the approximate location of the fence drawn in.

Applicants testified at the hearing regarding the proposed installation of the fence and the desire to improve privacy, enhance the landscaping of the property and the desire to improve the visual appearance of the lot.

There was no opposition at the public hearing held on May 19, 2003.

Based on the documents submitted by applicant and the testimony of applicant, the Board resolves as follows:

1. This matter is Type II under SEQR.

2. The fence is located along applicant’s east property line to end approximately 32 feet from the house to front property line. The Board determines the fence will not produce an undesirable change in the character of the neighborhood and does not adversely impact sight distance for vehicular traffic.

3. Certain benefits sought by applicant, such as privacy screening, cannot be achieved by any feasible method, other than the area variance.

Mr. Abold seconded the resolution; there was no further discussion.

Roll Call Vote:

Robert Cleverley yes

Allen Mitts yes

Ronald Abold yes

James Bowes yes

John Virginia, Chair yes

Vote: 5 yes, 0 no; motion carried.

PUBLIC HEARING – CARRIE BOND

7692 Morgan Rd., Tax Map #030-03-49.1

Variance from Section #200-18A(3)(b)&(c) side yard and rear yard setbacks. R-20 Zone

The public hearing opened at 8:53 p.m. The secretary read the public notice aloud.

Mrs. Carrie Bond was present to address the Board.

Mrs. Bond said she wanted to install an inground pool and needed a variance for the location and that the proposed location was the only suitable place because of an existing septic and leech field and underground gas line. Mrs. Bond said the existing aboveground pool, shown on map, was removed.

Mr. Virginia asked if anyone wanted to speak regarding the application. No one spoke.

Mr. Virginia closed the public hearing at 8:55 p.m.

Mr. Mitts proposed the following resolution #Z-03-14:

Carrie Bond of 7692 Morgan Road, Baldwinsville, NY 13027 seeks area variances from Sections 200-18(A)(3)(b) and 200-18(A)(3)(c) of the Town of Van Buren Code related to the location of an inground swimming pool. The property is located in an R-20 District and is identified as Tax Map parcel 030-03-49.1.

Ms. Bond spoke in favor of the application and described the plan for the inground pool located at the rear of her house, which is eighteen feet by thirty-six feet, detached from the house. A variance is required because the location of the pool causes the improvements to violate the Code’s fifteen feet rear yard setback and fifteen feet side yard set back, reducing them each to five feet.

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 house on the property and the proposed pool drawn on a survey map prepared by Ovid White, dated January 4, 1964.

Based on the foregoing, the Board resolves as follows:

1. This matter is Type II under SEQR as it involves an area variance related to a single-family residential use.

2. It is determined the requested variances will not produce any undesirable change in the character of the neighborhood and will not be a detriment to nearby properties. The proposed variances will not have an adverse effect or impact on the physical environmental conditions in the neighborhood or district. Neighbors express no objection to the variances. The benefit to applicant outweighs any detriment to the neighborhood or community as a result of granting the variances.

3. A variance is granted to allow an inground swimming pool at the rear of the house measuring 18 feet by 36 feet, located no closer than five feet to the side yard lot line and rear yard lot line. Any additional structures shall require additional review and approvals.

Mr. Abold seconded the resolution; there was no further discussion.

Roll Call Vote:

Robert Cleverley yes

Allen Mitts yes

Ronald Abold yes

James Bowes yes

John Virginia, Chair yes

Vote: 5 yes, 0 no; motion carried.

PUBLIC HEARING – ROGER NASIFF

103 Highview Drive, Tax Map #056.-01-42.0

Variance from Section #200-20A(2)(a) front yard setback. R-15 Zoning District

The public opened at 8:59 p.m. The secretary read the public notice aloud.

Mr. Roger Nasiff was present to address the Board.

Mr. Nasiff said he needed a variance to place his attached garage in the front yard since he had no room with a very narrow lot.

Mr. Virginia asked if anyone wanted to speak regarding the application. No one spoke.

Mr. Virginia closed the public hearing at 8:59 p.m.

Mr. Abold proposed the following resolution #Z-03-15:

Roger Nasiff of 103 Highview Drive seeks an area variance from Sections 200-20(A)(2)(a) of the Town of Van Buren Code related to the proposed location of a garage. The property is located in an R-15 District and is identified as Tax Map parcel 056-01-42.

Mr. Nasiff spoke in favor of the application and described his plan to construct a garage, which will be 15 feet wide and 24 feet long. The proposed garage will be located a minimum of 29 feet from the front lot line. The front yard setback variance is required because the garage will be located closer than the 35 feet setback required by the Code.

There was no objection to the proposal at ZBA’s public hearing, which was held on May 19, 2003 pursuant to public notice.

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. 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 garage measuring 15 feet by 24 feet with a minimum setback of 29 feet from the front yard property line. Any additional structures shall require additional review and approvals.

Mr. Cleverley seconded the resolution; there was no further discussion.

Roll Call Vote:

Robert Cleverley yes

Allen Mitts yes

Ronald Abold yes

James Bowes yes

John Virginia, Chair yes

Vote: 5 yes, 0 no; motion carried.

PUBLIC HEARING – KATHLEEN GEGENHEIMER

117 Seneca View Drive, Tax Map #063-07-02.0

Variance from Section #200-22A1(d) lot coverage. R-10 Zoning District.

The public hearing opened at 9:05 p.m. The secretary read the public notice aloud.

Mrs. Kathleen Gegenheimer was present to address the Board.

Mrs. Gegenheimer said she had a small lot and needed a variance for lot coverage to put in a garage, detached, 12’ x 24’. Mrs. Gegenheimer said she would be removing the two sheds that exist on the lot, but that she would still need a variance for lot coverage.

Mr. Virginia asked if anyone wanted to speak regarding the application.

Mr. Scott Johnson of 119 Seneca View Drive spoke concerning drainage and how the proposed garage may affect drainage. Mr. Johnson said there exists drainage problems in his yard.

Mr. Virginia told Mr. Johnson that the garage would have no affect on drainage since there would be no footers or foundation going into the ground and that the proposed garage would be build on a slab.

Mr. Virginia asked the applicant to take away any topsoil that is removed from the proposed location. Mrs. Gegenheimer said she would remove any topsoil from her property for the garage.

Ms. Crego informed Mr. Johnson that the Town is in the process of resolving some of the drainage problems in the area and she took down his location for reference.

No one else spoke regarding the application.

Mr. Virginia closed the public hearing at 9:13 p.m.

Mr. Virginia proposed the following resolution #Z-03-16:

Kathleen Gegenheimer of 117 Seneca View Drive seeks an area variance from Section 200-22(A)(1)(d) of the Town of Van Buren Code related to the proposed 12’ x 24’ garage. The property is located in an R-10 District and is identified as Tax Map parcel 063-07-02.

Mrs. Gegenheimer spoke in favor of the application. The proposed garage will be located at the side of the house.

There was concern regarding drainage expressed at the public hearing by the neighboring property to the proposal at ZBA’s public hearing, which was held on May 19, 2003 pursuant to public notice. The Board decided there would be no effect to drainage since the proposed garage was built on a “free-floating” slab with no footers.

In support of the application, applicant submitted an Application for Variance, Agricultural Data Statement, Notice to Surrounding Property Owners, photos of property, location sketch and survey showing the proposed location of the 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. The proposed garage is located at the side of the existing house, where there are currently two storage sheds that the applicant will remove. The proposed variance will not have an adverse effect or impact on the physical environmental conditions in the neighborhood or district. 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 increase the allowable coverage from 20% to 23% to allow for the addition of a garage. The variance is limited to the improvements described by applicant, which shall be located in accordance with the location sketch submitted. Any additional structures shall require additional review and approvals.

4. Project will not alter the existing drainage between 117 and 119 Seneca View Dr.

5. Applicant will remove the two existing sheds.

Mr. Mitts seconded the resolution; there was no further discussion.

Roll Call Vote:

Robert Cleverley yes

Allen Mitts yes

Ronald Abold yes

James Bowes yes

John Virginia, Chair yes

Vote: 5 yes, 0 no; motion carried.

PUBLIC HEARING – DANIEL ELDERBROOM

Stiles & Winchell Rd., Tax Map #056.-01-45.0

Variance from Section #200-47C Accessory structure on vacant lot. R-15 Zoning Distr.

The public hearing opened at 9:16 p.m. The secretary read the public notice aloud.

Mr. Daniel Elderbroom was present to address the board.

Mr. Elderbroom said he wanted to put up a two-car garage for his own personal use to store his antique car and motorcycle since he did not have enough room on his home property and that he would need a variance to locate his garage on a separate vacant lot.

Mr. Elderbroom said he would clear the brush, but leave trees to build his garage.

Mr. Virginia asked if anyone wished to speak regarding the application.

Mrs. Betty Pendock of 3421 Stiles Rd. submitted a petition from neighbors to the proposed location against the application to the Chairman.

Mrs. Pendock said that she would represent the neighbors and that they were against the proposal since it was a residential neighborhood and that a parcel with a garage only would impact the aesthetics of the community. Mrs. Pendock said she was concerned that the proposal would turn to commercial storage and generate traffic.

Mrs. Kanoza of 3431 Stiles Rd. said she was concerned with the proposal and its effect on the neighborhood.

Mr. Putzer, owner of surrounding proposed property and builder, said he thought the application would be bad for the neighborhood because of aesthetics and that he could build a home there and that would look better to the neighborhood.

No one else spoke.

Mr. Virginia closed the public hearing at 9:28 p.m.

Mr. Virginia informed the applicant that they would need to forward the application to County since it bordered a State road.

PUBLIC HEARING – ANDREA SIEDLICKI

2289 Downer St., Tax Map #034.-04-03.3

Variance from Section #200-93J(2) signage

The public hearing opened at 9:29 p.m. The secretary read the public notice aloud.

Mr. Frank Siedlicki, representing Adrea Siedlicki, was present to address the Board.

Mr. Siedlicki said he wanted to erect a sign for the ice-cream shop next to Reeves stand, but that there was a sign there already for the stand and that he was seeking a variance to erect a second sign on the property indicating that ice-cream was sold at the proposed property. Mr. Siedlicki said the sign is lighted.

Mr. Virginia asked if anyone wanted to speak. No one spoke.

Mr. Virginia closed the public hearing at 9:31 p.m.

Mr. Virginia proposed the following resolution #Z-03-17:

Andrea Siedlicki applies for an area variance from Section 200-92(J)(2) of the Town of Van Buren Code related to its property located at 2289 Downer Street, tax map No. 034-04-03.3.

The current application is for approval to place an additional sign at the property.

Applicant submitted and the Board reviewed an application and signage details for the replacement sign, which are parts of the documents provided by applicant.

Mr. Frank Siedlicki, on Andrea Siedlicki’s behalf, appeared at the public hearing and spoke in favor of the application. There was no opposition to the proposal at the public hearing for which notice had been duly published. Based on the submissions of applicant and testimony received 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 lead agency for the uncoordinated review of this matter. As the application relates to variances to the setback requirement and size requirement of the sign, the Board finds that the proposal will have no potential adverse environmental impact. More specifically, as the proposal deals only with signage, there will be no impact on water, drainage, air quality, soils, or other matters of environmental significance.

(2) The variance is granted, as it will not produce an undesirable change in the character of the neighborhood and is not a substantial deviation from the existing character of the area.

(3) The requested area variance is not substantial given the nature of the site, the size of the site and the location of the sign. For the same reasons, the proposed variances will have no adverse effect or impact on the physical environment or conditions in the neighborhood or district.

(4) The variance is granted subject to the Applicant abiding to the size and location requirements identified in the Application. Applicant shall be responsible for the maintenance of the sign and should it become in a state of disrepair will have it removed.

Mr. Abold seconded the resolution; there was no further discussion.

Roll Call Vote:

Robert Cleverley yes

Allen Mitts yes

Ronald Abold yes

James Bowes yes

John Virginia, Chair yes

Vote: 5 yes, 0 no; motion carried.

PUBLIC HEARING – ROTELLA TRANSPORT CORP

Herman Rd., Tax Map #055.-01-05.2/05.3

Special Use Permit #200-33(C)(1) and (10) trucking terminal and office and outdoor storage of vehicles. IND-A Zoning Distr

The public hearing opened at 9:37 p.m. The secretary read the public notice aloud.

Mr. Joe Durand, of TDK Engineering, representing Mr. Rotella, and John Rotella were present to address the Board.

Mr. Durand said that the needed a special use permit for trucking terminal and office as well as outdoor storage for the temporary storage of vehicles awaiting transport.

Mr. Durand said that the vehicles would be stored at most one week at a time.

Mr. Durand said he was working with County DOT for access.

Mr. Virginia said the Board was unable to act on the application since they had not heard from County Planning.

Mr. Virginia asked the application to be tabled to the June 16^th meeting.

PUBLIC HEARING – JACOB WRIGHT

Walters & Winchell Rd.,Tax Map #055-04-02.0

Special Use Permit #200-33(C) Indoor/Outdoor Recreation Facility. IND-A Zoning Distr.

The public hearing opened at 9:53 p.m. The secretary read the public notice aloud.

Mr. Jacob Wright was present to address the Board.

Mr. Wright said he was looking for a special use permit to allow for a paintball park, bmx track, and skateboard track under the “Indoor/Outdoor Recreation Facility” code.

Mr. Wright said the hours of operation were from 6:00 a.m. to 12:00 midnight. Mr. Wright said there were no homes near the proposed property.

Mr. Wright said he operated a paintball park in Cicero.

Mr. Virginia said the Board could not make a decision until they heard from County Planning.

At 9:59, Mr. Virginia asked that the application be tabled to the June 16^th meeting.

PUBLIC HEARING – JAMES & SHARON HAWTHORNE

Seneca Beach Dr., Tax Map #030-03-32.0

Variance from Section #200-47(C) accessory building on a vacant lot. R-20 Zoning Distr.

The public hearing opened at 10:00 p.m. The secretary read the public notice aloud.

Mr. James and Sharon Hawthorne were present to address the Board.

Mr. Hawthorne informed the Board that he needed a variance to build a 28’ x 48’ garage on an empty lot, currently not a legal lot, and that Mr. Hawthorne would then proceed with the subdivision once he got his variance to build on the proposed lot.

Mr. Virginia asked if anyone wanted to speak regarding the application. No one spoke.

Mr. Virginia closed the public hearing at 10:07 p.m.

Mr. Virginia proposed the following resolution #Z-03-18:

James and Sharon Hawthorne of 7700 Seneca Beach Drive, Baldwinsville, New York 13027, apply for a variance from Section 200-47(C) of the Zoning Ordinance to erect a garage/pole barn on property they own on Seneca Beach Drive (Tax Map No.030-03-32.0). Section 200-47(C) prohibits an accessory structure on a vacant lot. Applicants own a near by lot with a seasonal residence located on it; the two lots are on opposite sides of Seneca Beach Drive.

Applicant submitted an application and notification to surrounding property owners.

There was no opposition at the public hearing held May 19, 2003.

Based on the documents submitted by applicant and the testimony of applicant, the Board resolves as follows:

1. This matter is Type II under SEQR.

2. Notice of the public hearing was duly published.

3. The Board determines the proposed garage/pole barn will not produce an undesirable change in the character of the neighborhood, will not present a detriment to nearby properties and will not have an adverse effect on the physical and environmental conditions of the district. The variance is not substantial given its nature and the size of the proposed structure relative to the size of the parcel.

4. The benefit sought by applicant cannot be achieved by other alternatives less substantial and detrimental to the area.

5. The variance is granted subject to the conditions listed below on the basis the benefit to applicant outweighs the detriment to the neighborhood and community as a result of the granting of the variance.

6. As conditions to the variance:

a. Applicant is required to obtain subdivision approval prior to June 1, 2004, to affect the exchange of triangular parcels to enlarge applicants road frontage opposite Lot 22, Block 1 of Seneca Beach.

b. Applicant is required to obtain project plan approval from the Town’s Planning Board to include approval of a drainage plan for the parcel.

Mr. Mitts seconded the resolution; there was no further discussion.

Roll Call Vote:

Robert Cleverley yes

Allen Mitts yes

Ronald Abold yes

James Bowes yes

John Virginia, Chair yes

Vote: 5 yes, 0 no; motion carried.

PUBLIC HEARING – KEN BARRON

7427 Kingdom Rd., Tax Map#041.-02-02.4

Variance from Section #200-14A(3)(a) front yard setback of garage. AR-80 Zoning Distr.

The public hearing opened at 10:18 p.m. The secretary read the public notice aloud.

Mr. Ken Barron was present to address the Board.

Mr. Barron said he wanted to erect a garage in front of his house since the topography of his land drops off eight feet behind his house.

There was discussion on minimum front yard setbacks. The Board and the applicant agreed to location of garage at 46 feet in front of the principal structure (residence).

Mr. Virginia asked if anyone wanted to speak regarding the application. No one spoke.

Mr. Virginia closed the public hearing at 10:27 p.m.

Mr. Virginia proposed the following resolution #Z-03-19:</