7575 Van Buren Road, Baldwinsville, NY 13027
Zoning Board of Appeals June 21, 2004
June 21, 2004
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
Laura McBurney present
James Bowes present
Ronald Abold present
John Virginia, Chairman present
Also Present: Ted Spencer, Attorney
Donna Aulds, Secretary
MINUTES
Motion Mr. Virginia said that the minutes for Crandon area variance were not forwarded with a positive recommendation from the Planning Board and to remove that sentence. Mrs. McBurney made a motion to accept the minutes, as amended, Mr. Bowes seconded the resolution, there was no further discussion; motion carried unanimously.
PUBLIC HEARING – DEBORAH DONAVAN-MILLER
7166 W. Dead Creek, Tax Parcel ID #044.-02-22.1
Variance from Section #200-14(A)(2)(a) front yard setback
The public hearing opened at 7:33 p.m. The secretary read the public notice aloud.
Mr. Ron Hull, contractor for the Miller’s, and Mr. & Mrs. Donavan-Miller, owners, were present to address the Board.
Mr. Hull said he didn’t use the survey when setting the foundation for the Miller’s new home and therefore set the house 2’ to close to the front yard property line.
Mr. Virginia said there is no sight distance issue.
Mr. Virginia asked if anyone wanted to speak regarding this issue. No one spoke.
Mr. Virginia closed the public hearing at 7:37.
Mr. Virginia proposed the following resolution #Z-04-22:
Deborah Donovan-Miller of 7166 West Dead Creek Road seeks an area variance from Section 200-14(A)(2)(a) of the Town of Van Buren Code related to the proposed location of a house foundation. The property is located in an AR80 District and is identified as Tax Map parcel 044-02-22.1.
Mr. Ron Hall spoke in favor of the application and described the plan to construct a new house at the site. The foundation is located approximately 58 feet from the road’s right of way line and 84 feet from the side yard line. The front yard setback variance is required because the foundation is located closer than the 60 feet minimum required by the Code. Mr. Hall explained in detail to the Board the physical limitations of the property based on topography and existing improvements, which include a concrete foundation.
There was no objection to the proposal at ZBA’s public hearing, which was held on June 21, 2004 pursuant to public notice.
In support of the application, applicant submitted an Application for Variance, Agricultural Data Statement, Notice to Surrounding Property Owners, location sketch and survey showing the location of the foundation on the property.
Based on the foregoing, the Board resolves as follows:
1. This matter is Type II under SEQR as it involves an individual setback variance related to a single-family residential use.
2. It is determined the requested variance will not produce any undesirable change in the character of the neighborhood and will not be a detriment to nearby properties. The proposed variance will not have an adverse effect or impact on the physical environmental conditions in the neighborhood or district. Neighbors express no objection to the variance. Given the shape of the lot and the principal structure location, there is no other apparent method to achieve the benefit applicant wishes to obtain other than a variance and the benefit to applicant outweighs any detriment to the neighborhood or community as a result of granting the variance.
3. A variance is granted to allow the construction of a house with a foundation, located 58 feet from the front line of the property. Any additional structures or modifications to existing structures shall require additional review and approvals.
Mr. Abold seconded the resolution; there was no further discussion.
Roll Call Vote:
Mr. Abold yes
Mr. Cleverley yes
Mr. Bowes yes
Mrs. McBurney yes
Mr. Virginia, Chairman yes
Vote: 5 yes, 0 no; motion carried, unanimously.
PUBLIC HEARING – STEVE & LISA BAXTER
Seneca Beach Dr., Tax Parcel ID #30-03-05
Variance from section #200-58 Nonconforming use of land involving mobile homes.
The public hearing opened at 7:40 p.m. The secretary read the public notice aloud.
There was no one present to address the Board.
Mr. Virginia asked that the application be tabled to the end of the meeting in case the applicant did show.
PUBLIC HEARING -- BALDWINSVILLE FIRE COMPANY
7911 Crego Road, Tax Parcel ID #034.-03-05.1
Special Use Permit #200-15(C)(3) to allow for a fire station.
The public hearing opened at 7:41 p.m. The secretary read the public notice aloud.
Mr. Julian Clark, Plumley Engineer, representing the Baldwinsville Fire Co., was present to address the Board.
Mr. Virginia said that the application has been sent to County Planning for recommendation.
Mr. Clark said that the applicant is looking to obtain a special use permit for an emergency vehicle station, a 19,234 square foot building that would be there headquarters.
Mr. Clark said there was a temporary special use issued two years ago for enclosed storage, but that was never acted on.
Mr. Clark said the property is currently vacant.
Mr. Spencer asked the applicant to get verification as to who the owners currently are of the proposed property.
Mr. Clark said a traffic study had been submitted to the Town Engineer.
Mr. Clark said that security lights might be proposed, wall packs.
Mr. Virginia asked the applicant to find out if a traffic light would be necessary at the Crego and Downer intersection.
Mr. Virginia asked if anyone wanted to speak regarding the application.
Mr. Peter Smart of 7899 Crego Road asked why he couldn’t hook into water and sewer as the Baldwinsville Fire Co. is.
Mr. Virginia said to ask Planning Board regarding sewer and water.
Mr. Abold informed the applicant to talk to Mary Crego, Town Supervisor, regarding sewer and water hookup.
Mr. Abold said that the Fire Department is putting in their own sewer hookup to Downer Street and that it is on their property and that the Fire Department is paying for it.
Mr. Smart said he had a letter, May 2003, from the Town Engineer and asked why the people on Crego couldn’t do a private sewer line.
Mr. Abold said the sewer line the Fire Dept. is proposing is on their property.
Mr. Abold said to talk to the Town Board and Ms. Crego.
Mr. Virginia tabled application at 8:03 p.m. to the July 19th meeting at 7:33 p.m.
CONTINUED PUBLIC HEARING – LG ENTERPRISES
Herman Road, Warners, Tax Parcel ID #054.-03-16.0
Amended Application to add Special Use Permit #200-35(C)(1) Freight or Trucking Terminal. IND-B Zoning District
Mr. Michael Kempisty, representing LG Enterprises, was present to address the Board.
Mr. Kempisty said that he is retracting his request for the permanent use of trailers for storage listed on the special use application.
Mr. Virginia read a letter from the Town Planning Attorney of Camillus and the Town of Van Buren’s Engineer to the applicant.
Mr. Kempisty said that he did not receive copies of those letters.
Mr. Spencer made copies and supplied the applicant with copies of the letters.
Mr. Virginia said the freight and trucking terminal request #200-35(C)(1) needs to be approved by the Planning Board before the Zoning Board of Appeals (200-54D(1)).
Mr. Virginia said the motor vehicle service and repair (200-35(C)(2)) would be done indoors.
Mr. Kempisty said correct.
Mr. Spencer asked what the quantity of vehicles would be worked on.
Mr. Kempisty said that he would have four bays within a building and one bay would be used for motor vehicle repair and that there could be up to 15 trucks awaiting repair, stored outside.
Mr. Virginia said that the request for outdoor sales and display (200-35(C)(4)) is for the display area in front.
Mr. Kempisty said display and storage are the same.
Mr. Virginia wanted to see the drainage study because of the detention pond that lies within the Town of Camillus.
Mr. Virginia said he had no problem with motor vehicle repair and service, and that it is enclosed, and if the Board had no problem the Board could give the applicant the special use for motor vehicle service and repair.
Mr. Virginia said he would put contingencies on the special use permit.
Mr. Virginia said the buildings need to conform to the NYS Building code.
Mr. Virginia said the applicant needs to remove debris from the site, within 60 days, agreed upon with the applicant.
Mr. Virginia said the applicant needs to obtain all licenses from NYS for motor vehicle repair.
Mr. Virginia said the applicant would need to receive site plan approval by the Planning Board before special use to be approved.
Mr. Virginia said a long form Environmental Assessment Form needs to be submitted.
Mr. Virginia said that periodic inspections on the site would be a contingency to the special use.
Mr. Virginia said that number of vehicles on the site should not exceed what number of vehicles for service, then the Board said that the Planning Board could determine the maximum number of vehicles the site could accommodate, as a contingency.
Mr. Spencer asked what the concrete slabs would be used for that exist on the site.
Mr. Kempisty said he would probably use some of the concrete slabs that are on the site.
Mr. Spencer said the Board did talk about the County Planning’s comments last month.
Mr. Kempisty said he talked to Mr. Stelter from Department of Transportation.
Mr. Spencer asked for the letter from Mr. Stelter to be submitted.
Mr. Abold asked the applicant if he would be bringing in private vehicles.
Mr. Kempisty said that 99% of the vehicles brought in are from auctions and that his brother might work on a friend’s car.
Mr. Spencer said it would fit under motor vehicle service and repair use.
Mr. Abold said as long as it’s the applicant’s trucks and cars that are brought in from their business and not bringing in vehicles from other businesses.
Mr. Spencer said the Board should look at 200-108(B) carefully before approving the use of motor vehicle service and repair and that it may also be site plan issues, but the Board is allowed to look at the issues of 200-108(B) for special use of motor vehicle service and repair.
Mr. Kempisty said that he believes he has satisfied the landscaping requirements.
Mr. Virginia asked if there would be any fuel tanks or storage.
Mr. Kempisty said no, but may be in the future and he would come back for approvals if that happens.
Mr. Kempisty said nothing would be in front of the building and Zone A is the display area and Zone B is in back.
Mr. Kempisty said they would be putting in a septic system.
Mr. Virginia said storage recommended for vehicles awaiting repair would be in the proposed parking area 20’ east of the proposed building on the southern edge drive/parking area.
Mr. Virginia proposed the following resolution #Z-04-23:
L. G. Enterprises of Herman Road, Warners, NY 13164, applies for Special Use Permits pursuant to Town of Van Buren Code Section 200-35(C)(2) to allow for (1) motor vehicle service and repair at Herman Road site.
The property is zoned IND-B and is known as tax map no. 054-03-16.
Applicant has submitted, and the ZBA has reviewed, an application, notification to surrounding property owners of pending action, site map, site plans, photographs and SEQRA short form environmental assessment form. The review process has been ongoing for several months in an effort to identify an objective assessment of the intended uses, their magnitude and their integration at the site.
The Onondaga County Planning Board has reviewed the applications and supplemental documents; by resolution dated May 12, 2004 it recommended the following modifications:
1. The applicant shall submit a traffic impact study, including specific numbers of cars and trucks that would access the site to the Onondaga County Department of Transportation to determine if the proposal would have a detrimental impact on Herman Road.
2. The applicant shall provide an engineering study to verify to the Onondaga County Department of Transportation that the proposed development would not create additional stormwater runoff into the County’s drainage system. If additional runoff is created, the applicant shall be required to submit a mitigation plan to the Onondaga County Department of Transportation for approval and implement any mitigation required.
3. The proposed stormwater settlement basin shown in the County right-of-way shall not be permitted by the Onondaga County Department of Transportation.
4. The applicant must address environmental issues related to storage of motor vehicles to prevent contamination of soil and groundwater to the satisfaction of the Town Engineer and New York State Department of Environmental Conservation.
5. The applicant must provide written documentation showing that the review process with the Town of Camillus has been initiated for the proposed action.
6. The special permit shall include the site plan as well as lighting and drainage plans and the site plan shall include striping for vehicle parking.
7. No long-term storage of trash, solid or liquid waste or products shall be allowed in the proposed areas.
8. No use of the front yard buffer zone shall be permitted without a change in the special permit.
Notice of a public hearing on the special permit and application was duly published. Michael Kempisty appeared and spoke in favor of the application. There was no opposition to the proposed applications.
L. G. Enterprises has been working with the Planning Board as well as the Zoning Board of Appeals over the last 12-18 months to develop a plan for utilization of the site. The Town has been concerned primarily with (1) the proposed number of separate uses; (2) identifying with some specificity the layout of the parcel with definition of areas to be utilized for particular purposes; and (3) environmental concerns. The applicant and the Town have invested considerable time to develop a plan to address these issues. The process has been complicated because of the volume of simultaneous proposed uses and the difficulty of assessing the magnitude of each use. The Town Code in some instances speaks specifically to some uses (e.g. outdoor sale and storage)
and in other cases provides less detailed specifications. In some instances reference to other provisions of the New York State Law is available for guidance regarding the measuring of terms.
The property in question is owned of record by Pinnacle Hill Development; applicant has provided written confirmation to the Town that Pinnacle Hill Development joins in the application.
Section 200-47(2) of the Town Code does allow more than one principal use on a lot in a nonresidential district subject to site plan review by the Planning Board and issuance of a special permit by the ZBA.
The Town of Van Buren Planning Board by resolutions dated May 3, 2004 issued positive recommendations subject to certain conditions for the proposed uses. The Town Engineer issued a report dated June 17, 2004 noting that applicant has not provided drainage calculations, details of a contamination prevention plan or proof of compliance with stormwater runoff controls. Additionally he suggests a long form EAF be submitted by applicant.
With respect to the proposed use as an enclosed motor vehicle service and repair, 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 based on Applicants proposed site design 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 B zone has adequate space to conduct the proposed special use. Additionally, as planned, 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 200-35(C)(2) for the proposed use, which the Board finds is an enclosed motor vehicle service and repair.
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 facilities;
(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 internal 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 as set out on the site plan.
(g) Regarding aesthetics, there is no substantial change to the physical layout of the perimeter of the property or the proposed improvements.
(h) Emissions from the site will be minimal when Applicant utilizes the containment procedures described in its site plan application.
4. The Special Permit is granted pursuant to Code Section 200-35(C)(2) and all other applicable provisions of the Code, so as to allow for operation of an enclosed motor vehicle service and repair subject to the following:
(a) All buildings will conform to NYS Building and Fire Code requirements;
(b) Applicant shall remove the existing vehicles, equipment and debris, if any, at the site within 60 days.
(c) Applicant to obtain all necessary permits, licenses and approvals required by New York State for the operation of an enclosed motor vehicle service and repair.
(d) Site plan approval by the Town of Van Buren Planning Board to address the issues raised in the May 12, 2004 County Planning Board resolution and the Town of Van Buren Engineer correspondence of June 17, 2004.
(e) Applicant allowing the Town of Van Buren to conduct periodic inspections of the site upon no less than three days notice.
(f) The number of motor vehicles allowed on site at one time shall not be subject to Planning Board approval during site plan review.
Mr. Abold seconded the resolution; there was no further discussion.
Roll Call Vote:
Mr. Abold yes
Mr. Cleverley yes
Mr. Bowes yes
Mrs. McBurney yes
Mr. Virginia, Chairman yes
Vote: 5 yes, 0 no; motion carried, unanimously.
Mr. Virginia tabled application at 9:05 p.m. for the other special uses per 200-54 for Planning Board approval to the August 16 meeting at 7:35 p.m.
CONINUED PUBLIC HEARING – STEVE & LISA BAXTER
Seneca Beach Dr., Tax Parcel ID #30-03-05
Variance from section #200-58 Nonconforming use of land involving mobile homes.
The public hearing was continued at 9:03 p.m. There was no one present to address the Board.
The secretary informed the Board that the applicant, Richard Maunz, representing the Baxter’s, did call last week to get a copy of County Planning’s letter of recommendation.
Mr. Virginia read the County Planning’s letter of recommendation.
Mr. Virginia and the Board said they received a complete application and that the applicant has not proven the use variance requirements, per New York State.
Mr. Abold proposed resolution to deny use variance #Z-04-24:
Richard K. Maunz of AGL Homes (“Applicant”), as agent of Steve Baxter and Lisa Baxter reputed owners of 7678 Seneca Beach Drive, Baldwinsville, New York applies for a use variance pursuant to the Code of the Town of Van Buren (“Code”) Section 200-100(C) from the existing Code requirements of Section 200-58. The property #1 is located on Seneca Beach Drive and identified as Tax Map parcel #030-03-05.0; it is zoned R-10.
Applicant seeks a use variance in order to assemble and maintain a mobile home structure at the location.
Applicant has submitted an Application to the Zoning Board of Appeals dated February 12, 2004 signed by Richard Maunz of AGL Homes, Notification to Surrounding Property Owners, an Agricultural Data Statement dated February 12, 2004 and a supplemental submittal that provides additional information as to the proposed improvement.
The matter was referred to the Onondaga County Planning Agency which recommended by resolution dated June 1, 2004 that the application be disapproved because applicant has not demonstrated Onondaga County Health Department approval for the non-New York State code structure and has not demonstrated that the structure would address requirements for building within the flood plain.
Pursuant to Code Section 200-100 (C) and New York State Town Law Section 267-b no use variance may be granted by the Zoning Board of Appeals without a showing by the applicant that the zoning regulations cause unnecessary hardship. The applicant is required to prove four (4) elements to substantiate unnecessary hardship include:
(1) applicant cannot realize a reasonable return for each permitted use under the existing zoning regulation, provided that lack of return is substantial as demonstrated by competent financial evidence;
(2) the alleged hardship is unique and does not apply to a substantial portion of the district or neighborhood;
(3) that the requested use variance, if granted, will not alter the essential character of the neighborhood; and
(4) the alleged hardship has not been self-created.
A public hearing was held before the Zoning Board of Appeals on June 21, 2002. No one appeared in support of the application. Based on the written submissions and testimonial proof taken by the Board, the Board finds and resolves as follows:
1. Due notice of the public hearing was published.
2. Tax Map Parcel #030-03-05.0 is owned by Stephen E. Baxter. The property measures 130 X 222 feet and is classified as vacant waterfront for tax purposes. The acquisition is documented as occurring March 22, 1995 according to records of the Real Property Tax Office of Onondaga County.
3. Applicant has not furnished the Board sufficient competent financial evidence to demonstrate that the property owners cannot realize a reasonable return for the permitted zoning uses where the property is located. Applicant did present conclusory statements that the Baxters would suffer emotional loss and projected that they would incur a financial loss if they were required to sell the mobile home that has already been purchased. There was no objective evidence however that there was no reasonable rate of return on the property under the allowed uses.
4. The Board has reviewed the alleged hardship relating to the properties in question and in its opinion does not find the hardship unique to the properties in question. The zoning regulations apply to the entire zoning districts as well as the surrounding neighborhoods, not just the properties in question.
5. The Board further finds that if it were to grant the requested variances, the result would be to alter the essential character of the neighborhood and districts where there are currently no provisions to allow for the placement of a mobile home. There would exist the potential for a significant change in the appearance and visual aesthetics of the area if mobile homes were to be permitted. This would result in a fundamental deviation from the zoning scheme set forth in the Town’s ordinance and contrary to the Town’s objectives set forth in Section 200-58.
6. The Board also finds that the owners obtained the parcel at a time when the zoning regulations prohibited mobile homes. As a result to the extent the owners or applicant allege a hardship, it is one that is self-created. The owners purchased the property with at least constructive knowledge of the existing zoning restrictions.
Based on the foregoing the Board hereby denies applicant’s request for use variance for failure to establish unnecessary hardship as required by New York State Law Section 267b and Town of Van Buren Zoning Code 200-100 (C). To approve the variance based on the evidence presented would result in a fundamental alteration of the zoning scheme as stated in Section 200-91 and allow a use, which has been expressly excluded by the Town’s current zoning regulations.
Mr. Virginia seconded resolution to deny request, there was no further discussion.
Roll Call Vote:
Mr. Abold yes
Mr. Cleverley yes
Mr. Bowes yes
Mrs. McBurney yes
Mr. Virginia, Chairman yes
Vote: 5 yes, 0 no; motion carried, unanimously.
The public hearing was closed at 9:20 p.m.
OTHER BUSINESS
Discussed with the Attorney possible moratorium for clarification of the current code regarding manufactured homes.
The Chair and Attorney to meet with the Codes Officer regarding a memo to the Town Board to be issued for moratorium request regarding manufactured homes.
ADJOURNMENT
Mr. Virginia made a motion to adjourn the meeting to August 16th, 7:30 pm, Mr. Abold seconded the motion; motion carried. The meeting adjourned at 9:25 p.m.
Respectfully submitted,
Donna Aulds, Zoning Secretary
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