Van Buren, NY - Zoning Board of Appeals Special Meeting

Zoning Board of Appeals Special Meeting

December 2, 2002

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 6:30 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

John Resseguie, Councilor

PUBLIC HEARING – BALDWINSVILLE FIRE COMPANY

Crego Rd., Tax Parcel #034.-03-5.1

Special Use Permit #200-15(C)3. R-40 Zoning District.

The public hearing opened at 6:33 p.m. Mr. Courtney Rutherford, Deputy Chief, Baldwinsville Fire Co., and Gary Thurston, President of Haynor Hoyt, Contractor for Baldwinsville Fire Co., were present to address the Board.

Mr. Thurston said that they were requesting a 40’ x 80’ pole barn for the storage of emergency vehicles.

Mr. Virgnia said that he had a copy of the letter from the owner of the property stating they were aware of the application being made.

Mr. Thurston said that they were now requesting a special use for enclosed storage rather than an emergency vehicle station and that at a later date they may return with a request for an emergency vehicle station.

Mr. Pringle said that the applicant was requesting a special use for enclosed storage rather than the original request for emergency vehicle station since the applicant was in a hurry and that the applicant was only using the building temporarily for storage and that enclosed storage request would be less involved.

Mr. Abold asked if there were any power easements. Mr. Thurston said yes and showed where the easements were.

Mr. Virginia asked if County needed to see the application. Mr. Pringle said no and that access is on Crego, a Town road.

Mr. Virginia asked the applicant questions pertaining to Section #200-108 of the Town Code.

Compliance yes

Conformance to Town Plan yes

Scale of Development yes

Vehicular & Pedestrian circulation yes

Services & Utilities N/A (Enclosed Storage) may be a holding tank or septic design, will need to return if installed.

Environmental resources yes

Aesthetics yes

Emissions yes

Mr. Spencer asked if any antennas would be erected on the property. Mr. Rutherford said there would be one mounted on the building for low frequency and low frequency at about 6-8 feet tall.

Mr. Thurston said they would heat the building with natural gas.

Mr. Abold asked how many cars would be parked, Mr. Rutherford said only maybe a dozen for any emergencies and that there would be no parking on the site.

Mr. Virginia asked if there was any one to speak regarding the application. No one spoke.

Mr. Virginia proposed the following resolution #Z-02-32:

Baldwinsville Fire Company, represented by the applicant Hayner Hoyt Corporation, applies for a Special Use Permit pursuant to the Town of Van Buren Code Section #200-15(C)(10) to allow for enclosed storage facility off Crego Road, approximately 817 feet north of its intersection with Downer Street.

The property is zoned R-40 and is known as tax map no. 034.-05-05.1. In a R-40 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, notification to surrounding property owners of pending action, survey and SEQRA short form environmental assessment form.

Notice of a public hearing on the special permit and application was duly published. Courtney Rutherford of the Baldwinsville Fire Company and Gary Thurston of Haynor-Hoyt appeared and spoke in favor of the application. There was no opposition to the proposed temporary 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:

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 an 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 Crego 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 Temporary 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 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.

c. This Temporary Special Use Permit shall expire one year from the date of this approval. Prior to its expiration, applicant is required to apply to the Zoning Board of Appeals for a renewal of its Temporary Special Use Permit to allow the Board to review the existing use of the property.

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

Roll Call Vote:

Mr. Cleverly yes

Mr. Abold yes

Mr. Mitts yes

Mr. Bowes yes

Mr. Virginia, Chair yes

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

The public hearing closed at 6:52 p.m.

OLD BUSINESS

The Board discussed the definition for a variance with Mr. Spencer. Mr. Virginia asked Mr. Spencer if it was legal to apply for a variance to something that is not allowed in the Town Code, for example a billboard. Mr. Spencer informed the Board that anytime someone applies for a variance and the Board grants that, then the Board is going against the code and that it is possible to apply for a variance to something that is not allowed.

ADJOURNMENT

Mr. Virginia made a motion to adjourn the meeting, Mr. Mitts seconded the motion; motion carried, unanimously. The meeting adjourned at 7:15 p.m.

Respectfully submitted,

Donna Aulds

Zoning Secretary