Van Buren, NY - July ZBA 2004

July ZBA 2004

July 19, 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 Mr. Virginia asked that the June minutes on page 9 under LG Enterprises resolution be corrected to “shall be subject to Planning Approval” and not “shall not” and on page 5 delete the awkward phrase “what number of vehicles” and show that Planning Board determines number of vehicles. Mr. Virginia made a motion to accept the minutes, as amended, Mrs. McBurney seconded the resolution, there was no further discussion; motion carried unanimously.

CONTINUED PUBLIC HEARING -- BALDWINSVILLE VOLUNTEER 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. R-40 Zoning Distr.

The public hearing continued at 7:32 p.m.

Mr. Julian Clark, Plumley Engineer, representing the Baldwinsville Volunteer Fire Co., was present to address the Board.

Mr. Virginia said that the Board was waiting for County Planning comments, which they had no comment.

Mr. Clark said that the application is at the Planning Board for site plan approval and that a subdivision application still needs to be applied for.

Mr. Virginia said the Board has reviewed application and asked for more questions.

The Board reviewed the long form Environmental Assessment Form that was submitted by the applicant.

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

Mr. Virginia closed the public hearing at 7:45 p.m.

Mr. Virginia proposed the following resolution #Z-04-25:

Baldwinsville Volunteer Fire Company, Inc. by Plumley Engineering applies for a Special Use Permit pursuant to Town of Van Buren Code Section 200-15(C)(3) to allow for a fire station 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. 34-03-5.1. In an R-40 District, a fire station 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, preliminary site plan dated June 2004, and SEQRA long form environmental assessment form.

By resolution dated June 22, 2004, the Onondaga County Planning Board made the following recommendation: application may be acted on solely by the Town of Van Buren Zoning Board of Appeals, since it has no apparent significant adverse inter-community or County wide implications.

Notice of a public hearing on the special permit and application was duly published. Mr. Julian Clark of Plumley Engineering, representing the Fire Department, appeared and spoke in favor of the application. There was no opposition to the proposed fire station 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)(3) for the proposed use, which the Board finds is a “fire station”.

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 result in adverse effects as a result of applicant’s proposed drainage management system;

(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)(3) and all other applicable provisions of the Code, so as to allow for operation of a fire station facility subject to:

(a) Final site plan approval is granted by the Planning Board;

(b) Driveway permits being issued by the Town of Van Buren Highway Department;

Mr. Cleverley 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 – JAMIE KRATZ

141 Henderson Blvd., Tax Map ID #063-01-06.0

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

The public hearing opened at 8:02 p.m. The reading of the public notice was waived.

The applicant was not present, but informed the Codes Office that he works evenings and will be in to address the application shortly.

Mr. Virginia tabled the application at 8:03 p.m.

PUBLIC HEARING – STEPHEN D. CLARK

106 Farwood Dr., Tax Parcel ID #031.3-03-28.0

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

The public hearing opened at 8:04 p.m. The reading of the public notice was waived.

Mr. Stephen Clark of Farwood Dr. was present to address the Board.

Mr. Clark said that he wanted to replace his front steps with an 8’ x 12’ deck and that other properties in the neighborhood have decks in their front yard.

Mr. Virginia tabled the application to address the previous applicant, Mr. Kratz, since he needed to return to work.

Tabled at 8:08 p.m.

CONTINUED PUBLIC HEARING – JAMIE KRATZ

141 Henderson Blvd., Tax Map ID #063-01-06.0

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

The public hearing continued at 8:09 p.m. Mr. Jamie Kratz of 141 Henderson Blvd. was present to address the Board.

Mr. Kratz said that his front steps were falling apart and that he would like to install an 8’ x 6’ front deck for improvement, but needed a front yard variance. Mr. Kratz said there was no roof proposed over the deck.

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

Mr. Virginia closed the public hearing at 8:12 p.m.

Mrs. McBurney proposed the following resolution #Z-04-26:

Jamie Kratz of 141 Henderson Blvd. seeks an area variance from Sections 200-22(A)(2)(a) of the Town of Van Buren Code related to the location of a deck. The property is located in an R-10 District and is identified as Tax Map parcel 063-01-06.

Mr. Kratz spoke in favor of the application and described the deck, which is 16 feet by 8 feet. The deck is located in front of the house approximately 8 feet and 25 feet from the front property line. The front yard setback variance is required because the deck is located in front of the house and does not meet the 30 feet setback requirement. Mr. Kratz explained in detail to the Board the existing situation and the physical limitations of his property based on topography and existing improvements.

There was no objection to the proposal at ZBA’s public hearing, which was held on July 19, 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 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. 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 for the location of a deck measuring 16 feet long and 8 feet in width in front of the existing house and 25 feet from the front property line. Any additional structures shall require additional review and approvals.

Mr. Virginia 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.

CONTINUED PUBLIC HEARING – STEPHEN D. CLARK

106 Farwood Dr., Tax Parcel ID #031.3-03-28.0

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

The public hearing continued at 8:17 p.m. Mr. Stephen Clark was present to address the Board.

The Board reviewed the calculations needed for the applicant’s front yard variance.

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

The public hearing closed at 8:19 p.m.

Mr. Virginia proposed the following resolution #Z-04-27:

Stephen D. Clark of 106 Farwood Drive seeks an area variance from Sections 200-22(A)(2)(a) of the Town of Van Buren Code related to the location of a deck. The property is located in an R-10 District and is identified as Tax Map parcel 031.3-03-28.0.

Mr. Clark spoke in favor of the application and described the deck, which is 8 feet by 12 feet. The deck is located in front of the house and extends approximately 8 feet from the front of the house. The front yard setback variance is required because the deck is located in front of the house and does not meet the 30 feet front yard setback requirement. Mr. Clark explained in detail to the Board the layout of his property and physical limitations based on topography and existing improvements. And his plan to construct a deck that would be approximately 23 feet from the property’s front line.

There was no objection to the proposal at ZBA’s public hearing, which was held on July 19, 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 for the location of a deck measuring 12 feet long and 8 feet in width in front of the existing house by and 25 feet from the front property line. Any additional 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 – TIMOTHY B. LUMB

7605 Van Buren Rd., Tax Parcel ID #030.-01-18.1

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

The public hearing opened at 8:22 p.m. The public reading was waived.

Mr. Timothy Lumb was present to address the Board.

Mr. Lumb said he wanted to install a deck in the back, but because of the shape of his lot he needed to encroach on the setback and was requesting 5’ side yard setback.

Mr. Pringle informed the Board that the lot was pie shaped.

Mr. Lumb said the neighbor to the side of the requested variance said he had no problem, but did not want to sign the application’s petition.

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

The public hearing was closed at 8:25 p.m.

Mrs. McBurney proposed the following resolution #Z-04-28:

Timothy B. Lumb of 7605 Van Buren 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 deck. The property is located in an R-40 District and is identified as Tax Map parcel 030-01-18.1. Applicant proposes to construct a deck on the parcel adjacent to the house. The Zoning Code requires a minimum of 20 feet for each side yard setback in an R-40 District. Mr. Lumb’s proposal provides for a 5 feet setback on the south side of his house.

Mr. Lumb spoke in favor of the application. He described the plan and the circumstances under which the deck 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 sketch map showing the location of the house, garage and proposed deck.

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 deck will be located 5 feet from the south 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 deck with a side yard setback of 5 feet.

Mr. Virginia 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.

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

The public hearing continued at 8:28 p.m.

Mr. Michael Kempisty, representing LG Enterprises, was present to address the Board.

Mr. Kempisty gave the Board an updated map, dated 7/1/04.

Mr. Kempisty said there is a covered maintenance slab included.

Mr. Spencer informed the Board that he drafted a proposal for each use.

Mr. Kempisty said that he prepared and submitted a narrative describing each of the proposed used dated August 18, 2003, with the exception of temporary trailers.

Mr. Virginia read the County Planning comments to the applicant. Mr. Virginia said that the Planning Board would address the comments from County Planning.

Mr. Kempisty said he had a problem with allowing the Codes Enforcement Officer coming onto the property with a three-day notice.

Mr. Spencer said the Codes Officer can inspect a commercial operation at anytime and that it is in compliance with Section 139 of the NYS Town Law and Section 115-3 of the Town Law.

Mr. Kempisty ask that the code be referenced and that not that the “Codes Officer can inspect at anytime.”

Mr. Pringle said he does do fire inspections once a year, usually September, of commercial properties.

Mr. Spencer said that the “contractor’s yard” is not included in the applicant’s narrative.

Mr. Kempisty said the unenclosed processing of goods, requested, pertains to the maintenance of heavy equipment.

Mr. Spencer said the Board could address each use and read the conditions for each use and vote on each use separately and that the portion before the conditions all read similarly.

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

The public hearing closed 9:35 p.m.

Mr. Virginia proposed the following resolution #Z-04-29 (Contractor’s Yard):

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) to allow for Contractor’s yard at Herman Road.

The property is zoned IND-B and is known as tax map no. 054-03-16. In an IND-B District, the uses 1, 2, 3, 4 and 6 are uses 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 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 storage trailers/containers.

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.

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. storage trailer, 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, in memos dated June 17, 2004 and July 14, 2004 notes additional information needed for site plan approval with respect to the site.

With respect to the proposed use as a contractors yard, 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 uses. 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)(5) for the proposed uses, which the Board finds is a contractors yard.

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 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 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)(5) and all other applicable provisions of the Code, so as to allow for operation of a contractors yard subject to the following:

(a) All buildings will conform to NYS Building Code requirements;

(b) Applicant shall remove the existing vehicles, equipment and debris at the site within 60 days.

(c) Applicant to obtain all necessary permits, licenses and approvals required by New York State establishing the site for the proposed use and for the operation of a contractors yard.

(d) Site plan approved 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 Engineer memos of June 17, 2004 and July 14, 2004.

(e) Applicant allowing the Town of Van Buren to conduct periodic inspections of the site per Section No. 115-3 of the Town of Van Buren Code.

(f) The Contractor’s yard shall be located in Zone “C”, as shown on the site plan dated January 12, 2004, revised July 1, 2004.

Mr. Bowes 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 proposed the following resolution #Z-04-30 (Outdoor Sales, Storage & Display):

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) to allow for: outdoor sales, storage and display at Herman Road.

The property is zoned IND-B and is known as tax map no. 054-03-16. In an IND-B District, the uses 1, 2, 3, 4 and 6 are uses allowed upon the grant of special permit by the ZBA.

The Onondaga County Planning Board has reviewed the applications and supplemental documents; by resolution dated May 12, 2004 it recommended the following modifications:

3. The proposed stormwater settlement basin shown in the County right-of-way shall not be permitted by the Onondaga County Department of Transportation.

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 storage trailers/containers.

8. No use of the front yard buffer zone shall be permitted without a change in the special permit.

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. storage trailer, 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.

With respect to the proposed use as an outdoor sales facility, 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 uses. 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 200-33(C)(2) for the proposed uses, which the Board finds is a outdoor sales 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 facilities;

(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)(4) and all other applicable provisions of the Code, so as to allow for operation of an outdoor sales facility subject to the following:

(a) All buildings will conform to NYS Building Code requirements;

(b) Applicant shall remove the existing vehicles, equipment and debris at the site within 60 days.

(c) Applicant to obtain all necessary permits, licenses and approvals required by New York State establishing the site for the proposed use and for the operation of an outdoor sales facility.

(e) Applicant allowing the Town of Van Buren to conduct periodic inspections of the site per section No. 115-3 of the Town of Van Buren Code.

(f) Outdoor Sales, Storage and Display areas shall be as approved by the Planning Board.

Mr. Bowes 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 proposed the following resolution #Z-03-31 (Freight or trucking terminal):

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)(1) to allow for trucking/freight terminal at Herman Road.

The property is zoned IND-B and is known as tax map no. 054-03-16. In an IND-B District, the uses 1, 2, 3, 4 and 6 are uses allowed upon the grant of special permit by the ZBA.

The Onondaga County Planning Board has reviewed the applications and supplemental documents; by resolution dated May 12, 2004 it recommended the following modifications:

3. The proposed stormwater settlement basin shown in the County right-of-way shall not be permitted by the Onondaga County Department of Transportation.

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.

8. No use of the front yard buffer zone shall be permitted without a change in the special permit.

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.

With respect to the proposed use as a trucking/freight terminal, 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 uses. 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)(1) for the proposed uses, which the Board finds is a trucking/freight terminal 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 facilities;

(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)(1) and all other applicable provisions of the Code, so as to allow for operation of a trucking/freight terminal subject to the following:

(a) All buildings will conform to NYS Building Code requirements;

(b) Applicant shall remove the existing vehicles, equipment and debris at the site within 60 days.

(c) Applicant to obtain all necessary permits, licenses and approvals required by New York State establishing the site for the proposed use and for the operation of a trucking/freight terminal.

(e) Applicant allowing the Town of Van Buren to conduct periodic inspections of the site per Section No. 115-3 of the Town of Van Buren Code.

(f) As it pertains to the trucking/freight terminal, the applicant shall utilize the property as detailed in the narrative supplied by the applicant, dated August 18, 2003, which is incorporated herein by reference.

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 proposed the following resolution #Z-04-32 (unenclosed repair of heavy equipment):

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) to allow for Section 200-54(D)(6) unenclosed processing of heavy equipment at Herman Road.