Van Buren, NY - Zoning Board of Appeals November 17, 2003

Zoning Board of Appeals November 17, 2003

November 17, 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

Harold Crandon, Planning Board Member

Wendy Whitmore, Councilor-Elect

MINUTES

Mr. Virginia asked for a spelling correction on page 11 from “tuck” to “truck”. Mr. Abold made a motion to accept the minutes, as amended. Mr. Bowes seconded the motion, there was no further discussion; motion carried, unanimously.

CONTINUED APPEAL from decision of Codes Officer – ANTHONY KOMUDA

2558 Brickyard Rd., Tax Parcel ID #053.-08-11.1

The appeal continued at 7:32 p.m. Mr. Anthony Komuda was present to address the Board.

Mr. Virginia informed the Board that Mr. Komuda has requested a special use permit rather than the APPEAL from Codes Officer.

Mr. Virginia read a submitted list, presented to the Board on November 17, 2003, describing the intended use of the property by Mr. Anthony Komuda.

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

Mr. Mitts proposed the following resolution #Z-03-47:

Anthony Komuda, Jr. of 6666 East Sorrell Hill Road, Warner, NY 13164, applied for a Special Use Permit pursuant to Town of Van Buren Code Section 200-15(C)(10) to allow for enclosed storage 2558 Brickyard Road earlier this year and subsequently requested an interpretation from this Board as to whether or not his use and occupancy of the property was a legal nonconforming use. Hearings were previously held on this matter April 21, 2003 and October 20, 2003 where applicant was either present or represented.

The property is zoned R-40 and is known as tax map no. 053-08-11.1. In an R-40 District, enclosed storage 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 and notification to surrounding property owners of pending action as well as maps an statements from the applicant and James Payne, the prior owner.

Notice of a public hearing on the special permit and application was duly published. Anthony Komuda, Jr. appeared and spoke in favor of the application. There was no opposition to the proposed enclosed storage use at the public hearing.

The Board has reviewed the testimony and submissions of the Applicant with respect to the prior and proposed use of the property. While the property is clearly in a district that provides for enclosed storage and office use it does not appear that Applicants use of the property is a continuation of the prior owner’s use but is a different business.

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 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)(10) for the proposed use, which the Board finds is enclosed storage.

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;

(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;

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

(e) The site is adequately served by public utilities;

(f) Drainage on the site will not be affected by the proposed use;

(g) Regarding aesthetics, there will be no significant change to the area as a result of the proposed structure;

(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) No retail sales or indoor displays are authorized;

(b) All activities related to the operation of the business at the site will be conducted on the property including deliveries and parking so as not to obstruct or interfere with the public right of way along Brickyard Road.

(d) According to details submitted to Zoning Board of Appeals on November 17, 2003.

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

Roll Call Vote:

Robert Cleverly yes

Allen Mitts yes

Ronald Abold yes

James Bowes yes

John Virginia, Chair yes

Vote: 5 yes, 0 no; motion carried, unanimously.

CONTINUED PUBLIC HEARING – GYPSUM WHOLESALERS, INC.

3334 Walters Rd., Tax Parcel ID #055-07-01.0

Special Use Permit #200-33(C)(2) to allow motor vehicle service and repair. IND-A Zoning District.

The public hearing continued at 7:45 p.m. Mr. Ron Pullen, of “Red’s Towing”, representing Gypsum, was present to address the Board.

Mr. Spencer asked the applicant if any new structures would be built.

Mr. Pullen said that there would be no additional structures, only using the existing 36’ x 63’ bay area of the existing building.

Mr. Virginia said they received letter of recommendation from County Planning, stating no adverse inter-community or county-wide implications.

Mr. Virginia asked if the bollards were installed, according to the applicant’s approved site plan.

Mr. Pullen said that the bollards were not installed.

Mr. Virginia gave the applicant 45 days to install the bollards as a condition for their special use request.

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

The public hearing closed at 7:53 p.m.

Mr. Virginia proposed the following resolution #Z-03-48:

Gypsum Wholesalers, Inc. d/b/a Big Red Towing of 333 Walters Road, apply for a Special Use Permit pursuant to Town of Van Buren Code Section 200-33(C)(2) to allow for motor vehicle service and repair at its facility located at 3334 Walters Road.

The property is zoned IND-A and is known as tax map nos. 055-07-01.0. In an IND-A 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 plans and SEQRA short form environmental assessment form.

Notice of a public hearing on the special permit and application was duly published. Mr. Ron Pullen appeared and spoke in favor of the application. There was no opposition to the proposed motor vehicle service and repair operation to be conducted at the existing facility at the public hearing.

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 a Industrial A zone has adequate space 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 required pursuant to Code Section 200-33(C)(2) for the proposed use, which the Board finds is a motor vehicle service and repair operation.

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 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 site 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;

(g) Regarding aesthetics, there is no substantial change to the physical layout of the property and the proposed 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 200–33(C)(2) and all other applicable provisions of the Code, so as to allow for operation of a motor vehicle service and repair facility in accordance with the parameters outlined in applicants’ submissions in support of its application. Any significant deviation from estimates provided quantifying the volume of work or the nature of the work to be performed shall be considered a violation of the Special Use Permit and will result in its termination. The incompletion of the installation of bollards in 45 days, around the fuel tanks, will also result in the termination of the Special Use Permit.

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

Roll Call Vote:

Robert Cleverly yes

Allen Mitts yes

Ronald Abold yes

James Bowes yes

John Virginia, Chair yes

Vote: 5 yes, 0 no; motion carried, unanimously.

CONTINUED PUBLIC HEARING – JACOB WRIGHT

Walters and Winchell Rd., Tax Parcel ID #055-04-02.0

Variance from Section #200-93(J)(1)

The public hearing continued at 7:54 p.m. Mr. Jacob Wright was present to address the Board.

Mr. Wright presented the Board with a map showing location of the proposed sign and the location of the Niagara Mohawk easement.

Mr. Virginia said he was concerned with the proximity of the sign to the easement.

Mr. Wright said he believed he could get a letter stating the requirements for structures near the Niagara Mohawk easement or that requirements were stated on his deed for the property.

Mr. Wright said that the “.com” would be removed from the sign and that the sign would say “Headrushpaintball”. Mr. Wright said that the Thruway Authority does not allow “.com” as part of signage displayed off the Thruway.

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

Mr. Virginia closed the public hearing at 8:02 p.m.

Mr. Mitts proposed the following resolution #Z-03-49:

Jacob G. Wright of 6255 East Taft Road, Syracuse, NY applies for an area variance from provisions of Sections 200-93(J)(1) of the Town of Van Buren Code related to tax map property no. 055-04-02, located at the corner of Walters and Winchell Road in conjunction with the development of the parcel. The property is located in an Industrial-IND-A 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 freestanding sign.

Applicant has requested a variance from the Code as follows:

(a) Section 200-93(J)(1) for a freestanding sign located at the rear of the property.

Jacob Wright 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 size of a freestanding sign, 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 a sign measuring 8’ x 16’ and 25’ in height located according to the map submitted with the application incorporated herein is granted as it will not produce an undesirable change in character of the neighborhood 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 receipt of letter of requirements from Niagara Mohawk Power or copy of deed, stating Niagara Power Easement Requirements.

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

Roll Call Vote:

Robert Cleverly no

Allen Mitts yes

Ronald Abold yes

James Bowes yes

John Virginia, Chair yes

Vote: 4 yes, 1 no; motion carried.

PUBLIC HEARING – LINDA STORMES

7246 State Fair Blvd., Tax Parcel ID #063.-04-26.0

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

The public hearing opened at 8:06 p.m. The secretary read the public notice aloud.

Ms. Linda Stormes, tenant at 7246 State Fair Blvd., was present to address the Board.

Mr. Abold asked if the applicant had any pictures.

Ms. Stormes said no.

Ms. Stormes said she wanted to put her sign out during business hours only and that she may invest in a more professional looking sign after the first of the year.

Mr. Virginia informed the Board that the sign is a freestanding sign at 36” wide and 2 ½’ tall.

Mr. Cleverly said that “Hess” has approvals for a lot of unnecessary signage and why not some flexibility for the small business owner.

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

Mr. Virginia closed the public hearing at 8:09 p.m.

Mr. Virginia proposed the following resolution #Z-03-50:

Linda Stormes applies for an area variance from Section 200-93J(2) of the Town of Van Buren Code related to her property located at 7246 State Fair Boulevard, tax map No. 063-04-26.0.

Applicant has previously been granted a variance for temporary signage at this location in 2003. The current application is for approval to replace the temporary sign with a freestanding sign at the same location.

Applicant submitted and the Board reviewed an application and signage details for the replacement freestanding sign measuring 36” wide and 2 ½ feet tall.

Ms. Linda Stormes of Creation from the Heart appeared at the public hearing and spoke in favor of the application. There was no opposition to the proposal at the public hearing. 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 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 significant deviation from the previously permitted sign.

(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 and this proceeding and is limited to Ms. Stormes business located at 7246 State Fair Boulevard and shall not be applicable to any subsequent business. Applicant shall be responsible for the maintenance of the sign and should it become in a state of disrepair will have it removed.

(5) The location of the sign shall be subject to the approval of the Codes Officer.

(6) The sign shall be displayed during business hours only.

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

Roll Call Vote:

Robert Cleverly yes

Allen Mitts yes

Ronald Abold yes

James Bowes yes

John Virginia, Chair yes

Vote: 5 yes, 0 no; motion carried, unanimously.

PUBLIC HEARING – THOMAS LAMERE

6894 New State Route 31, Tax Parcel ID# 049.-01-01.0

Special Use Permit #200-13(C)(12) to allow enclosed storage. AR-80 Zoning Dist.

Mr. Cleverly was recused from the application.

The public hearing opened at 8:14 p.m. The secretary read the public notice aloud.

Mr. Thomas Lamere was present to address the Board.

Mr. Lamere said that he wanted to erect a 36’ x 80’ building to store his tools and keep an office.

Mr. Abold asked if a site plan would be needed.

Mr. Pringle said that the proposal is for the applicant’s own use.

Mr. Lamere said that the proposal is not for commercial use. Mr. Lamere said that he had an existing building on the property for storage and wanted to build another storage building.

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

Mr. Virginia closed the public hearing at 8:18 p.m.

Mr. Abold proposed the following resolution #Z-03-51:

Thomas Lamere of 39 Downer Street, Baldwinsville, New York 13027, applies for a Special Use Permit pursuant to Town of Van Buren Code Section 200-13(C)(12) to allow for the construction of an enclosed storage facility at 6894 New Route 31.

The property is zoned AR-80 and is known as tax map no. 049-01-01. In an AR-80 District, an enclosed 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 Tom L. Lamere & Associates, Inc., dated September 29, 2003. The Onondaga County Planning Board concluded there would be no significant adverse implications as a result of the facility.

Notice of a public hearing on the special permit and application was duly published. Tom L. Lamere of Tom L. Lamere & Associates, Inc. appeared and spoke in favor of the application. There was no opposition to the proposed enclosed storage facility at the public hearing.

Based on the above referenced documents, and proof received by the ZBA at the public hearing, the Board resolves as follows:

2. A special use permit required pursuant to Code Section 200-15(C)(3) for the proposed use, which the Board finds is a enclosed 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;

(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;

(d) The proposed design of the site provides for efficient vehicular movement given the size of the site and its access to East Dead Creek Road and Route 31.

(e) The site is adequately served by public utilities;

(f) Drainage on the site will not be significantly affected by the proposed use;

(g) Regarding aesthetics, there will be no significant change to the area as a result of the proposed structure; it will be consistent with existing structure;

(h) Emissions from the site will be minimal.

4. The Special Use Permit is granted pursuant to Code Section 200–13(C)(12) and all other applicable provisions of the Code, so as to allow for operation of an enclosed 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.

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

Roll Call Vote:

Robert Cleverly recused

Allen Mitts yes

Ronald Abold yes

James Bowes yes

John Virginia, Chair yes

Vote: 4 yes, 0 no, 1 recused; motion carried.

PUBLIC HEARING – DONALD & ESTHER KAMMER

6700 Pottery Rd., Tax Parcel ID #049.-04-07.0

Variance from Section #200-14A(b) lot maximum. AR-80 Zoning Distr.

The public hearing opened at 8:25 p.m. The secretary read the public notice aloud.

Mr. & Mrs. Kammer, buyers of proposed property, and Mr. & Mrs. Crandon, owners of proposed property, were present to address the Board.

Mr. Kammer said that he was interested in purchasing a parcel from the proposed lot that would be over the allowable lot area maximum, according to Town Code.

Mr. Crandon stated that there is water and gas and that he and his wife give permission for the applicant to apply for the variance on the current subdivision proposal.

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

Mr. Virginia closed the public hearing at 8:28 p.m.

Mr. Virginia proposed the following resolution #Z-03-52:

Donald and Esther Kammer of 6700 Pottery Road seek an area variance from Sections 200-14(A)(1)(b) of the Town of Van Buren Code related to the proposed location of a subdivision on East Sorrell Hill Road. The property is located in an AR-80 District and is identified as Tax Map parcel 049-04-07. The Kammers have contracted with the current owner, Harold Crandon, to purchase the property.

Esther Kammer spoke in favor of the application and described the plan to establish a lot of 309,276 square feet. Section 200-14(A)(1)(b) sets 216,800 square feet (5 acres) the maximum area.

The Town of Van Buren Planning Board recommends approval of the requested area variances insomuch as the variances are not detrimental to the character of the area. There was no objection to the proposal at ZBA’s public hearing, which was held on November 17, 2003 pursuant to public notice.

In support of the application, applicant submitted an Application for Variance, Notice to Surrounding Property Owners, and tax map showing the location of the lot.

Based on the foregoing, the Board resolves as follows:

1. This matter is Type II under SEQR as it involves individual area variances 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 variances. The benefit to applicant outweighs any detriment to the neighborhood or community as a result of granting the variance.

3. Variance is granted to allow the establishment of a lot of 309,276 square feet.

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

Roll Call Vote:

Robert Cleverly yes

Allen Mitts yes

Ronald Abold yes

James Bowes yes

John Virginia, Chair yes

Vote: 5 yes, 0 no; motion carried, unanimously.

PUBLIC HEARING – SCOTT VAN DER WATER

116 Commane Rd., Tax Parcel ID #037.-01-10.0

Variance from Section #200-16A(2)(b) side yard setback. R-40 Zoning Distr.

The public hearing opened at 8:31 p.m. The secretary read the public notice aloud.

Mr. Scott Van Der Water was present to address the Board.

Mr. Van Der Water said that he wanted to build a 26’ x 28’ garage and needed a side yard variance for one side. Mr. Van Der Water said that he might convert his existing garage to living space and that he needed more room for his growing family.

Mr. Virginia said the requirement for side yards in an R-40 Zoning District is for, at least, 20’ setback on one side and 30’ setback on the other.

Mr. Virginia said that the applicant is requesting a variance of 8’ 7” for one side.

Mr. Van Der Water said that was correct.

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

Mr. Virginia closed the public hearing at 8:35 p.m.

Mr. Virginia proposed the following resolution #Z-03-53:

Scott E. Van Der Water of 116 Commane Road seeks an area variance from Sections 200-16(A)(2)(B) of the Town of Van Buren Code related to the side yard setback requirements for a proposed garage structure. The property is located in an R-40 District and is identified as Tax Map parcel 037-01-10.0. Applicant proposes to construct a garage on the parcel. The Zoning Code requires a total of 50 feet for the side yard setbacks in an R-40 District. Mr. Van Der Water’s proposal provides for a total of 21’ 5” setback on the west side of his house and a total of approximately 42.5 feet.

Mr. Van Der Water spoke in favor of the application. He described the plan and the circumstances under which the garage is to be constructed.

In support of the applicant, applicant submitted an Application for Variance, Agricultural Data Statement, Notice to Surrounding Property Owners and a map prepared by Computer Drafting Technologies, dated November 5, 2003 showing the location of the house.

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 will be located 21.5 feet from the west side property line. Due to the lot’s topography, shape 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 with a west side yard setback of 21’ 5”.

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

Roll Call Vote:

Robert Cleverly yes

Allen Mitts yes

Ronald Abold yes

James Bowes yes

John Virginia, Chair yes

Vote: 5 yes, 0 no; motion carried, unanimously.

PUBLIC HEARING – MARGARET HEWES

1064 Lynch Rd., Tax Parcel ID #040.-01-16.1

Variance from Section #200-62B fence height. AR-80 Zoning District.

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

Mr. Pringle informed the Board that Mrs. Hewes was unable to be present since she is disabled and house bound. Mr. Pringle said that Mrs. Hewes needed for a variance for fence height, in the front yard, and that Mrs. Hewes would need to stay out of the road right-of-way.

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

Mr. Virginia closed the public hearing at 8:41 p.m.

Mr. Mitts proposed the following resolution #Z-03-54:

Margaret Hewes, owner of 1064 Lynch Road (tax map #040-01-16.1), applies for a variance from Section 200-62(B) of the Zoning Ordinance for a six feet high stockade fence in her front yard. 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 AR-80 District.

Applicant submitted an application, agricultural data statement, and a sketch map of the property with the approximate location of the fence drawn in by applicant.

Applicant conveyed to the Code Enforcement Officer her plan regarding the 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 November 17, 2003.

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

1. This matter is Type II under SEQR.

2. The fence is located approximately 10 feet from the edge of Lynch Road. 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.

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

Roll Call Vote:

Robert Cleverly yes

Allen Mitts yes

Ronald Abold yes

James Bowes yes

John Virginia, Chair yes

Vote: 5 yes, 0 no; motion carried, unanimously.

PUBLIC HEARING – CALABRIA & HUGHES

Gunbarrel Rd., Tax Parcel ID #038.-03-20.1

Variance from Section #200-14A(1)(b) lot maximum

The public hearing opened at 8:44 p.m. The secretary read the public notice aloud.

Mr. & Mrs. Calabria and Mrs. Judith Hughes were present to address the Board.

Mr. Calabria presented the Board with a subdivision map and said he needed a variance from lot maximum to subdivide the lot for sale.

Mr. Virginia asked if anyone wanted to speak, no one spoke.

Mr. Virginia closed the public hearing at 8:46 p.m.

Mr. Virginia proposed the following resolution #Z-03-55:

Cynthia Calabria of 4959 Grapewood Road seeks an area variance from Sections 200-14(A)(1)(b) of the Town of Van Buren Code related to the proposed location of a four-lot subdivision on Gunbarrel Road. The property is located in an AR-80 District and is identified as Tax Map parcel 038-03-20.1.

Carl Calabria spoke in favor of the application and described the plan to establish two lots, labeled as Lots 2E and 2A on the preliminary subdivision plan revised as of 10-24-03, that exceed the Code’s size limitations. Section 200-14(A)(1)(b) sets 216,800 square feet (5 acres) the maximum area.

In support of the application, applicant submitted an Application for Variance, Notice to Surrounding Property Owners, and survey showing the location of the two lots.

Based on the foregoing, the Board resolves as follows:

1. This matter is Type II under SEQR as it involves individual area variances 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. Variances are granted to allow the establishment of two lots as part of the Calabria subdivision pursuant to the map dated September 10, 2003 and revised October 24, 2003 that exceed the Code’s size limitation; the two Lots are labeled as 2A and 2E.

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

Roll Call Vote:

Robert Cleverly yes

Allen Mitts yes

Ronald Abold yes

James Bowes yes

John Virginia, Chair yes

Vote: 5 yes, 0 no; motion carried, unanimously.

PUBLIC HEARING – ENNIS DEVELOPMENT

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

Variance from Section #200-93J(3) & 200-92C(1) signage. R-40 Zoning District.

The public hearing opened at 8:50 p.m. The secretary read the public notice aloud.

Mr. Jason Kantek, TDK Engineering, representing Mr. Ennis, and Bill Ennis, owner, was present to address the board.

Mr. Kantek said that the applicant was interested in achieving a variance, other than what was previously applied for by a different applicant on the proposed property.

Mr. Kantek said that they were looking for a variance from the sign code for sign height, square footage, and illumination.

Mr. Kantek said that the sign would match the façade of the buildings.

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

Mr. Virginia closed the public hearing at 9:09 p.m.

Motion #Z-03-56A Mr. Virginia made a motion to rescind the previous sign resolution that was applied for by Mr. Bell, #Z-03-09, dated May 19, 2003 for property located at 7443 Van Buren Road. Mr. Abold seconded the resolution. There was no further discussion; motion carried, unanimously.

Mr. Virginia proposed the following resolution #Z-03-56:

Ennis Development applies for an area variance from Section 200-92(J)(3) and 200-92(C)(1) of the Town of Van Buren Code related to its property located at 7443 Van Buren Road, tax map No. 031-02-06.1.

Applicant submitted and the Board reviewed an application and signage details for the replacement sign.

Jason Kantek, of TDK Engineering, representing Ennis Development, appeared on behalf of Applicant at the public hearing and spoke in favor of the application. There was no opposition to the proposal at the public hearing. The Town Planning Board previously recommended approval of the application. 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 lighting 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 significant deviation from previously permitted signs.

(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 variance will have no adverse effect or impact on the physical environment or conditions in the neighborhood or district.

(4) The variance is granted for an illuminated sign, twenty feet in height and measuring six feet by fourteen feet in size to be located in accordance with the site plan dated November, 2003, Project No. 2002114 prepared by TDK Engineering. Applicant shall be responsible for the maintenance of the sign and should it become in a state of disrepair will have it removed. This variance is granted subject to final site plan approval and the recession of all prior variances regarding signage for this property.

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

Roll Call Vote:

Robert Cleverly yes

Allen Mitts yes

Ronald Abold yes

James Bowes no

John Virginia, Chair yes

Vote: 4 yes, 1 no; motion carried.

INTERPRETATION – GARY BIANCHI

6581 Canton St., Tax Parcel ID #053.-08-13.0

Interpretation of Section #200-115(A) and #200-116(A) to allow for a four-unit apartment.

This is in response to the violation notice, “building without a permit” and “occupying a structure without a certificate of occupancy”, dated June 6, 2003, issued by the Codes Officer.

Mr. Whelan, Attorney, and Mr. Gary Bianchi, Jr., and Mr. Bianchi, Sr. were present to address the Board.

Mr. Whelan said that he would like to amend the application from “four-unit dwelling” to a “one-unit dwelling.

Mr. Virginia reviewed the dates with the applicant stating that the structure was previously built and utilized as a church and currently the applicant is residing in the structure and using it as a single residence.

Mr. Spencer said that the Board does not have jurisdiction to issue a variance from the New York State building code.

Mr. Abold said that Section 200-115A and 200-116A is very self-explanatory and that if the applicant intends to change the use then the applicant needs a certificate of occupancy, which is issued after a building permit.

Mr. Whelan said the applicant has done nothing structurally to the building.

Mr. Abold said that the “use” has changed and the applicant needs to complete a building permit application and then a certificate of occupancy follows.

Mr. Virginia said that if the applicant wants relief from the NYS Building Code then the applicant would have to request that from the State.

Mr. Pringle said that he was personally familiar with the structure when it was utilized as a curch and that the structure did change because he witnessed a concrete truck on the property and a bathroom when he was invited in to see the building by the previous tenant.

Mr. Bianchi, Sr. said that he had a letter from the County dated June 29, 1999 regarding the septic tank pump.

Mr. Abold said that the letter is not an approval for anything, but only indicates what needs to be done when the use changes.

Motion #Z-03-57 Mr. Virginia asked the Board to entertain a motion to declare that the Codes Officer was correct in issuing a violation to the applicant Mr. Gary Bianchi, on property located at 6581 Canton St., Tax Parcel ID #053.-08-13.0, regarding “building without a permit” and that the change in use did change and the applicant is required to complete and issue a building permit application for approval by the Codes Officer and thereby obtaining a Certificate of Occupancy for the completion of the change in use.

The debate closed at 9:42 p.m.

ADJOURNMENT

Mr. Virginia made a motion to adjourn the meeting, Mr. Bowes seconded the motion; motion carried, unanimously. The meeting adjourned at 9:45 p.m.

Respectfully submitted,

Donna Aulds

Zoning Secretary