Van Buren, NY - Zoning Board of Appeals August 16, 2004

Zoning Board of Appeals August 16, 2004

August 16, 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 absent - excused

Ronald Abold present

John Virginia, Chairman present

Also Present: Ted Spencer, Attorney

Donna Aulds, Secretary

David Pringle, Codes Officer

MINUTES

Motion Mr. Virginia made a motion to accept the minutes, as typed and distributed, Mrs. McBurney seconded the resolution, there was no further discussion; motion carried unanimously.

SET PUBLIC HEARING – MICHAEL KEMPISTY

Herman Road, Tax Parcel ID #054.-03-10.0. Ind-B Zoning District

Special Use Permit #200-35C(4) and (7) and #200-54D(2) and (3)

Mr. Michael Kempisty of 1187 State Fair Blvd. was present to address the Board.

Mr. Kempisty distributed maps to the Board.

Mr. Kempisty asked the Board to hold referral to County Planning until Mr. Kempisty received a new map superimposing the survey onto the site plan.

Mr. Virginia said that once County Planning met on the application they could make a decision.

Mr. Kempisty said he would submit the new maps to the Codes Office for referral to County Planning before the next deadline.

Mr. Virginia asked the applicant to label the leech field on the map.

Mr. Virginia asked the Board if they had any problems with setting a public hearing next month.

Mr. Spencer asked the applicant to submit documentation showing legal access to the proposed property.

Mr. Virginia asked the applicant if there would be new construction on the property.

Mr. Kempisty said he planned on putting a roof over the concrete slab.

Mr. Virginia asked the applicant if he was proposing indoor storage.

Mr. Kempisty said yes.

Mr. Spencer said the term “enclosure” should be addressed for the definition of a reclamation facility that is being proposed.

Mr. Kempisty said he would be removing the words “junkyard”.

Mr. Kempisty said he was also proposing open storage and outdoor sales and display.

Mr. Virginia set the public hearing for September 20, 2004, 8:05 p.m.

PUBLIC HEARING – NADINE W. COLE

1213 Old State Route 31, Tax Parcel ID #046.-02-04.2

Variance from Section #200-14A(2)(a) front yard setback. AR-80 Zoning Distr.

The public hearing opened at 7:40 p.m. The secretary read the public notice aloud.

Mrs. Nadine Cole of 1213 Old State Route 31 was present to address the Board.

Mrs. Cole said she wanted to restore a wrap around porch on her old home. Mrs. Cole said she needed a front yard variance.

Mr. Pringle said the house was set back far enough so that there would be no line-of-sight problems.

Mrs. Cole said she has no neighbors on either side of her home.

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

Mr. Virginia closed the public hearing at 7:46 p.m.

Mr. Pringle informed the Board that the proposed property is included in the proposed zone change for the Town, and a R-40 zone change is possible, which would make the proposal comply with the Town Code.

Mrs. McBurney proposed the following resolution #Z-04-33:

Nadine W. Cole of 1213 Old State Route 31 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 wrap around porch. The property is located in an AR80 District and is identified as Tax Map parcel 046-02-04.2.

Ms. Cole spoke in favor of the application and described her plan to construct a new porch at the site. The proposed porch is located approximately 49 feet from the road’s right of way line. The front yard setback variance is required because the foundation is located closer than the 60 feet minimum required by the Code. Ms. Cole explained in detail to the Board the physical limitations of the property based on topography and existing improvements.

There was no objection to the proposal at ZBA’s public hearing, which was held on August 15, 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 house and porch 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 porch addition, located 49 feet from the front line of the property. Any additional structures or modifications to existing structures shall require additional review and approvals.

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

Roll Call:

Mr. Abold yes

Mr. Cleverley yes

Mr. Bowes absent

Mrs. McBurney yes

Mr. Virginia, Chairman yes

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

PUBLIC HEARING – MICHAEL J. FISHER

6730 Bennetts Corners Rd., Tax Parcel ID #047-03-33

Variance from Section #200-26(B)(2) and (3) side & year yard setback. RH Zoning Distr.

The public hearing opened at 7:48 p.m. The secretary read the public notice aloud.

Mr. Michael Fisher was present to address the Board.

Mr. Fisher stated that he wanted to erect a 16’ x 28’ detached garage over an existing foundation from a previously demolished garage and that the setback he needed was 12’ from the side and 7’ from the rear.

Mr. Fisher said that the proposal for the location was due to the location of an existing leech field and that the proposed location was all that was feasible.

Mr. Pringle informed the Board that he had reviewed the request and that he agreed with the applicant in that that was the only feasible location for the applicant’s detached garage.

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

Mr. Virginia closed the public hearing at 7:54 p.m.

Mr. Abold proposed the following resolution #Z-04-34:

Michael J. Fisher of 6730 Bennetts Corner Road, Memphis, NY 13112 seeks an area variance from Section 200-26(B)(2) and (3) of the Town of Van Buren Code related to the side yard and rear yard setback requirements for a proposed garage structure to be located at his property. The property is located in an RH District and is identified as Tax Map parcel 047-03-33. Applicant proposes to construct a garage on the parcel. The Zoning Code requires 15 feet for the side yard and rear yard setbacks in an RH District. Mr. Fisher’s proposal provides for a total of 12 feet from the side yard and 7 feet from the rear yard lines.

Mr. Fisher 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 survey map prepared by J. Stephen Sehnert showing the location of the house and proposed 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 will be located 12 feet from the south side property line and 7 feet from the east property line. Due to the lot’s size and topography 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 (measuring approximately 16’ x 28’) with a south side yard setback of 12 feet and east side rear yard setback at 7 feet.

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

Roll Call:

Mr. Abold yes

Mr. Cleverley yes

Mr. Bowes absent

Mrs. McBurney yes

Mr. Virginia, Chairman yes

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

PUBLIC HEARING – CHAD BRYANT

7558 New Route 31, Tax Parcel ID #032.-02-11.0

Variance from Section #200-14(A)(2)(b) side yard setback. AR-80 Zoning Distr.

The public hearing opened at 7:54 p.m. The secretary read the public notice aloud.

Mr. Chad Bryant was present to address the Board.

Mr. Bryant said he was building a new home with an attached garage and because of the topography he would need a side yard setback variance for the proposed location.

Mr. Pringle said that he agreed with the applicant in that the proposal was the only feasible method for locating the primary structure with attached garage.

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

Mr. Virginia closed the public hearing at 7:57 p.m.

Mrs. McBurney proposed the following resolution #Z-04-35:

Chad Bryant of 7231 State Fair Boulevard seeks an area variance from Sections 200-14(A)(2)(b) of the Town of Van Buren Code related to the side yard setback requirements for a newly constructed structure. The property is located at 7558 New Rte. 31 in an AR-80 District and is identified as Tax Map parcel 032-02-11.0. Applicant has a new house located on the parcel. The Zoning Code requires a minimum of 40 feet for each side yard setback in an AR-80 District. Mr. Bryant’s structure provides for a 15 feet setback on the north side of his house.

Mr. Bryant spoke in favor of the application. He described the plan and the circumstances under which the house 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 survey map prepared by R.J. Lighton, Sr., dated April 22, 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 house will be located 10 feet from the north side property line. Due to the lot’s topography 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 house with a north side yard setback of 10 feet.

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

Roll Call:

Mr. Abold yes

Mr. Cleverley yes

Mr. Bowes absent

Mrs. McBurney yes

Mr. Virginia, Chairman yes

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

PUBLIC HEARING – PETER A. SCAFFIDO

122 Christoper Dr., Tax Parcel ID #031.2-05-12.0

Variance from Section #200-22A(2)(a) front yard setback. R-10 Zoning Distr.

The public hearing opened at 8:00 p.m. The secretary read the notice aloud.

Mr. Peter Scaffido of 122 Christopher Dr. was present to address the Board.

Mr. Scaffido said he wanted to improve his front concrete porch with composite decking and railing, but would need a variance for front yard setback.

Mr. Virginia said there are several homes in that neighborhood that have decks in the front, similar to the proposal and were granted variances.

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

Mr. Virginia closed the public hearing at 8:05 p.m.

Mr. Abold proposed the following resolution #Z-04-36:

Peter A. Scaffido of 122 Christopher Drive seeks an area variance from Section 200 22(A)(2)(a) of the Town of Van Buren Code related to the proposed location of a deck. The property is located in an R-10 District and is identified as Tax Map parcel 031.2-05-12.0.

Mr. Scaffido spoke in favor of the application and described his plan to construct a new deck at the site. The deck is located approximately 29 feet from the road’s right of way line. The front yard setback variance is required because the deck is located closer than the 30 feet minimum required by the Code. Mr. Scaffido explained in detail to the Board the physical limitations of the property based on topography and existing improvements.

There was no objection to the proposal at ZBA’s public hearing, which was held on August 16, 2004 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.

3. A variance is granted to allow the construction of a deck, located 29 feet from the front line of the property. Any additional structures or modifications to existing structures shall require additional review and approvals.

Mr. Virginia seconded the resolution; there were no further discussions.

Roll Call:

Mr. Abold yes

Mr. Cleverley yes

Mr. Bowes absent

Mrs. McBurney yes

Mr. Virginia, Chairman yes

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

PUBLIC HEARING –KEVIN GOULD

7761 W. Dead Creek Rd., Tax Parcel ID #042.-02-16.4

Variance from Section #200-16(A)(3)(d) maximum height for detached structure. AR-80 Zoning Distr.

The public hearing opened at 8:08 p.m. The secretary read the public notice aloud.

Mr. Kevin Gould of 7761 W. Dead Creek Rd. said he wanted a variance for maximum height on his proposed 22’ high pole barn.

Mr. Virginia said that there is a barn existing on the property and asked the applicant what the proposed pole barn would be used for.

Mr. Gould said storage. Mr. Gould said he had a boat.

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

Mr. Virginia closed the public hearing at 8:14 p.m.

Mrs. McBurney proposed the following resolution #Z-04-37:

Kevin Gould, owner of 7761 West Dead Creek Road (tax map #042-02-16.4), applies for a variance from Section 200-16(A)(3)(d) of the Zoning Ordinance for a five feet height variance for a pole barn. Section 200-16(A)(3)(d) provides that a 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 with the approximate location of the pole barn.

Applicant testified at the hearing regarding the construction of the pole barn and the desire to improve the visual appearance and utility of the property.

There was no opposition at the public hearing held on August 16, 2004.

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 pole barn is located approximately 350 feet from the edge of West Dead Creek Road. The Board determines the pole barn at an average twenty 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.

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 and that applicant has adequately addressed the criteria for an area variance.

Mr. Virginia seconded the resolution; there were no further discussions.

Roll Call:

Mr. Abold yes

Mr. Cleverley yes

Mr. Bowes absent

Mrs. McBurney yes

Mr. Virginia, Chairman yes

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

Mr. Spencer informed the applicant that this variance pertains to residential use and not for commercial use or storage.

SET PUBLIC HEARING – DEREK TAROLLI

Herman rd. Tax Parcel ID #055.-01-05.3

Special Use Permit #200-35(C)(5) Contractors Yard. IndB Zoning Distr.

Mr. Aaron Falkenmeyer of TDK Engineering, representing Mr. Tarolli, was present to address the Board.

Mr. Falkenmeyer said that the applicant is looking to obtain a special use permit to allow for a contractor’s yard.

Mr. Falkenmeyer said the applicant would need to obtain a site plan approval and re-subdivision, since the lot lines had to be moved again because of the recent wetland delineation.

Mr. Falkenmeyer said the applicant is proposing a new 6800 square foot maintenance garage for storage and office.

Mr. Falkenmeyer said that they are proposing landscaping as a buffer between the building and road, per Planning Board comments.

Mr. Falkenmeyer said the access to the property would be through the adjacent property owned by Rotella, per County DOT request.

Mr. Spencer asked the applicant to provide a filed copy, by the County Clerk’s office, of the documentation showing an easement to the proposed property.

Mr. Abold asked the applicant to also come back with information on hours of operation, traffic, and any lighting proposed.

Mr. Virginia set a public hearing for September 20^th at 7:32 p.m.

ADJOURNMENT

Mr. Virginia made a motion to adjourn the meeting to September 20^th, 7:30 pm, Mr. Abold seconded the motion; motion carried. The meeting adjourned at 8:30 p.m.

Respectfully submitted,

Donna Aulds, Zoning Secretary