Van Buren, NY - ZBA November 2004

ZBA November 2004

November 15, 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

David Pringle, Codes Officer

MINUTES

Motion Mrs. McBurney asked that the minutes from October’s meeting be corrected on page 5 from “inter-workings” to “inner workings” and page 7 from wont to won’t. Mr. Abold made a motion to accept the minutes, as corrected, Mrs. McBurney seconded the resolution, there was no further discussion; motion carried unanimously.

*RESCHEDULED REGULAR MEETING SET FOR DECEMBER*

Mr. Virginia stated the Board would hold a regular meeting for December 13, 2004 at 7:30 p.m. instead of the 20^th.

CONTINUED PUBLIC HEARING – MICHAEL KEMPISTY

State Fair Blvd. and Mann Dr., Tax Parcel ID #059.-03-06.0

Special Use Permit #200-27(C)(5) Outdoor commercial displays. LB Zoning.

The public hearing continued at 7:33 p.m.

Mr. Pringle informed the Board that Mr. Kempisty was unable to be present and had asked to be tabled.

Mr. Virginia asked that Mr. Kempisty receive a copy of the County Planning’s letter.

Mr. Virginia asked that Mr. Kempisty be notified that he must submit a list of display items for the application by December 3^rd, 2004 or the application would be removed, due to an incomplete application.

Mr. Virginia asked that the application be tabled to December 13, 2004 at 7:30 for the rescheduled regular Board meeting.

Application was tabled at 7:33 p.m.

CONTINUED PUBLIC HEARING – SANFORD JAMES TAYLOR

7838 E. Dead Creek Road., Tax Parcel ID #033-03-06.0

Special Use Permit #200-15C(9) Home Occupation to allow a “car dealership sign”. R40 Zoning District.

The public hearing continued at 7:34 p.m.

Mr. Pringle said that he notified Mr. Taylor that he need not be present since the Board could not act until they receive County Planning comments.

Mr. Virginia asked Mr. Pringle about the notice of violation copy that was in the Board’s packets.

Mr. Pringle said that Mr. Taylor was sent a Notice of Violation for junk cars and that his property at 7838 E. Dead Creek Road was full of cars at the time the violation was written.

Mr. Pringle said that Mr. Taylor then removed the cars after receiving the Notice of Violation.

Mr. Virginia said that the other applicant on Downer St. who had the same request as Mr. Taylor to erect a DMV sign has caused no problems and has stayed in compliance.

Mr. Virginia asked that the application be tabled to the next meeting December 13, 2004.

Application was tabled at 7:39 p.m.

CONTINUED PUBLIC HEARING – JEFFREY MCCULLAR (MAURICE HAY, OWNER)

W. Sorrell Hill Rd., Tax Parcel ID #050.-02-01.0

Variance from Section #200-14(A)(1)(b) maximum lot area. AR-80 Zoning.

The public hearing continued at 7:40 p.m.

Mrs. Amy McCullar was present to address the Board.

Mrs. McCullar informed the Board that she intends on building a single-family residence on the proposed lot and that driveway was approved along with septic design. Mrs. McCullar said that the application was for lot area and that the proposed lot is 8 acres.

Mr. Virginia said that they received County Planning comments stating that a percolation test be performed on the proposed lot.

Mr. Pringle informed the applicant that they would need to return to the Planning Board for approval of subdivision.

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

Mr. Virginia made a motion to close the public hearing at 7:44 p.m. Mr. Abold seconded the motion, motion carried, unanimously.

Mr. Virginia proposed the following resolution #Z-04-46:

Jeffrey McCullar of 406 Idlewood Boulevard, Baldwinsville, NY 13027 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 two-lot subdivision on West Sorrell Hill Road. The property is located in an AR-80 District and is identified as Tax Map parcel 050-02-01.

Mrs. Amy McCullar, representing applicant, spoke in favor of the application and described the plan to establish an 8-acre lot. Section 200-14(A)(1)(b) sets 216,800 square feet (5 acres) as the maximum area.

The Town of Van Buren Planning Board recommends approval of the requested area variances insomuch as the variance is not detrimental to the character of the area. There was no objection to the proposal at ZBA’s public hearing, which was held on October 18, 2004 and November 15, 2004 pursuant to public notice. The Onondaga County Planning Board by resolution dated October 27, 2004 determined that the application presented no significant countywide implications.

In support of the application, applicant submitted an Application for Variance, Notice to Surrounding Property Owners, and survey 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 an individual area 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 variances. 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 establishment of an 8-acre lot, as depicted on the preliminary plan prepared by Stephen Sehnert, dated May 7, 2004, and labeled Part of Lot 20, Town of Van Buren, Onon. Co. N.Y.

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

Roll Call Vote:

Robert Cleverley yes

Laura McBurney yes

Ronald Abold yes

James Bowes yes

John Virginia, Chairman yes

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

PUBLIC HEARING – PETER SMART

7899 Crego Rd., Tax Parcel ID #034.-03-08.0

Vaiance from Section #200-28(C)(2) side yard setback. LB Zoning Distr.

The public hearing opened at 7:46 p.m. The secretary read the public notice aloud.

Mr. Smart said he wanted to erect a detached garage on an existing foundation that is located ten feet from the side yard.

Mr. Pringle informed the Board that there is a fifteen-foot setback requirement and that there is an existing foundation on the proposed property.

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

Mrs. McBurney proposed the following resolution #Z-04-47:

Peter Smart of 7899 Crego Road seeks an area variance from Sections 200-28(C)(2) 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 LB District and is identified as Tax Map parcel 034-03-08.0. Applicant proposes to construct a 25’ x 25’ garage on the parcel for personal storage. The Zoning Code requires a total of 15 feet for the side yard setback in an LB District. Mr. Smart’s proposal provides for a total of 10 feet setback on the north side of his property.

Mr. Smart 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 portion of an undated, unsigned survey map 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 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 garage with a north side yard setback of 10 feet.

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

Roll Call Vote:

Robert Cleverley yes

Laura McBurney yes

Ronald Abold yes

James Bowes yes

John Virginia, Chairman yes

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

SET PUBLIC HEARING – PHILIP M. ARTESE

2115 Warners Rd., Tax Parcel ID #046.-06-01.1

Use Variance from Section #200-144(A) “No trailer in residential district for storage” R-40 Zoning distr.

Mr. Virginia asked that a public hearing be set for Mr. Artese’s application for use variance on December 13, 2004 at 7:45 p.m.

Mr. Philip Artese was present and informed the Board that he wanted to keep trailers on his property for storage.

Mr. Pringle said the applicant currently has trailers stored on his property and that it is against the Town code.

Mr. Spencer asked the applicant what size the trailers were.

Mr. Artese said he had 40’ x 8’ trailers on the property.

Mr. Bowes asked the applicant why he doesn’t build a storage unit, i.e. garage or shed.

Mr. Artese said that it would be too expensive.

Mr. Virginia said the application needs to go referred to County Planning.

Mr. Virginia tabled the application at 8:03 p.m. to the December 13^th meeting. Mr. Abold seconded motion, there was no further discussion; motion carried, unanimously.

SET PUBLIC HEARING – THOMAS F. MAIER

Kingdom Rd., Lot 1 Tax Map ID #046.-06-01.1

Special Use Permit #200-13(C)(9) to allow for home occupation – office. AR-80 distr.

Mr. Thomas Maier was present to address the Board.

Mr. Maier informed the Board that he owns a carwash facility and completes bookkeeping at home.

Mr. Maier said he is having a new home built on Kingdom Rd. and wanted to obtain a special use permit for home occupation in his detached garage.

Mr. Virginia said the application needs to be referred to County Planning.

Mr. Virginia tabled the application at 8:11 to the December 13^th meeting at 7:50 p.m. Mr. Abold seconded the motion, there was no further discussion; motion carried, unanimously.

ADJOURNMENT

Mr. Virginia made a motion to adjourn the meeting to December 13th, 7:30 pm, Mr. Abold seconded the motion; motion carried. The meeting adjourned at 8:12 p.m.

Respectfully submitted,

Donna Aulds, Zoning Secretary