Van Buren, NY - March ZBA 2004

March ZBA 2004

March 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 absent

Allen Mitts absent

James Bowes present

Ronald Abold present

John Virginia, Chairman present

Also Present: Ted Spencer, Attorney

Donna Aulds, Secretary

David Pringle, Codes Enforcement Officer

Piels Scholten, Councilor

John Resseguie, Councilor

Ron Dudzinski, Councilor

MINUTES

Mr. Virginia asked that the last two lines of the minutes, on page two, be corrected with the words “less than” inserted and change “applicant” to “application”.

Motion Mr. Abold made a motion to accept the minutes, as amended, Mr. Bowes seconded the resolution, there was no further discussion; motion carried unanimously.

CONSIDER PUBLIC HEARING – PERYEA TRANSPORTATION

6945 Winchell Rd., Tax Parcel ID #055.-03-03

Special Use Permit #200-33C(2) Motor vehicle service and repair. IND-A Distr.

Mr. Patrick Peryea, of Peryea Transportation, was present to address the Board.

Mr. Peryea said he ran a transportation company and was interested in operating a heavy equipment repair shop in an existing building.

Mr. Virginia said that a public hearing would need to be conducted and application be sent to Onondaga Planning Agency.

Mr. Virginia asked the applicant to complete a long form Environmental Assessment Form.

Mr. Virginia asked the applicant to be prepared to answer at the next meeting the “standards of review” that were submitted to the applicant.

Mr. Abold asked the applicant to show that the oil waste would be disposed of properly.

Mr. Abold asked if the applicant needed to go to the Planning Board.

Mr. Spencer said the Board could refer the applicant to the Planning Board for site review.

Mr. Virginia said that the Board could determine if the applicant needs to go to the Planning Board by the information (or lack of information) received from the applicant.

Mr. Spencer asked the applicant to determine how the proposal would affect traffic.

Mr. Peryea said that he doesn’t expect too much traffic or having a large operation.

Mr. Virginia asked the applicant to show storage, if any.

Mr. Peryea said there are trucks coming in at night.

Mr. Peryea said the map is “dated” and that there is no proposed driveway, as shown on the submitted map.

Mr. Spencer asked the applicant to supply a narrative, with the necessary data per the “standards of review”.

Motion Mr. Virginia asked that a public hearing be set for Mr. Patrick Peryea, Peryea Transportation for Special Use Permit #200-13C(2) for motor vehicle service and repair, conditioned upon receiving a completed application by the 9^th of April, for April 19^th, 2004 at 7:35 p.m.

CONTINUED PUBLIC HEARING – JAMIE PANGARO

6658 Bennetts Corners Rd., Tax Parcel ID #047.-03-23

Variance from Section #200-26B(1) front yard setback. RH (Rural Hamlet) Zoning District.

The continued public hearing opened at 7:51 p.m. Mr. Jamie Pangaro was present to address the Board.

Mr. Virginia said he received the dimensions, but was unsure if they were correct.

Mr. Virginia did some calculations and said that the dimensions submitted by the applicant make no sense.

Mr. Virginia asked the applicant if it would be okay for the Codes Officer to come onto the property to measure the distance from property line and the house.

Mr. Pangaro said that it was okay for the Codes Officer to come onto the property.

Application was tabled to the next meeting April 19^th.

PUBLIC HEARING – HELEN B. WALRATH

6414 Bennetts Corners Road, Tax Parcel ID #048.-03-06.0

Variance from Section #200-26(B)(1) front yard setback. RH Zoning District

The public hearing opened at 7:52 p.m. The secretary read the public notice aloud.

Mrs. Helen Walrath was present to address the Board.

Mrs. Walrath said that she has a carport in the front yard.

Mr. Virginia said he saw the structure and that it wasn’t blocking anyone and that the property sloped off in the rear.

Mr. Abold proposed the following resolution #Z-04-07:

Helen B. Walrath of 6414 Bennetts Corners Road seeks an area variance from Section 200-26(B)(1) of the Town of Van Buren Code related to the location of a membrane-covered structure. The property is located in a Rural Hamlet District and is identified as Tax Map parcel 048-03-06.

Ms. Walrath spoke in favor of the application and described her plan to construct a membrane-covered structure, which will be approximately 20 feet by 10 feet. The structure will be located a minimum of approximately 7 feet from the road’s right of way line. The front yard setback variance is required because the structure will be located in front of her house. Ms. Walrath explained to the Board the physical limitations of her property based on topography.

There was no objection to the proposal at ZBA’s public hearing, which was held on March 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 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 unusual 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 membrane covered structure measuring 20 feet long and 10 feet in width with a minimum setback of 7 feet from the road right-of-way. The structure will not have solid walls or doors at either end. 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 Vote:

Mr. Cleverley absent

Mr. Mitts absent

Mr. Abold yes

Mr. Bowes yes

Mr. Virginia, Chairman yes

Vote: 3 yes, 2 absent, 0 no; motion carried.

The public hearing closed at 8:04 p.m.

PUBLIC HEARING – SCOTT & TRACY HIGGINBOTHAM

6850 W. Sorrell Hill Rd., Tax Parcel ID #049.-04-26.0

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

The public hearing opened at 8:05 p.m. The secretary read the public notice aloud.

Mr. Scott and Mrs. Tracy Higginbotham were present to address the board.

Mr. Higginbotham said that he wanted to erect an attached garage (to his home) and needed a side yard setback from the required 40 feet to 13.5 feet due to the physical limitations of the property i.e. location of the septic system and leech field.

Mrs. Higginbotham said the metal shed, shown on the map has been removed.

Mr. Virginia proposed the following resolution #Z-04-08:

Scott W. Higginbotham and Tracy Higginbotham of 6850 West Sorrell Hill Road seek an area variance from Section 200-14(A)(2)(b) of the Town of Van Buren Code related to the proposed location of a garage. The property is located in a Rural Hamlet District and is identified as Tax Map parcel 049-04-26.

Mr. Higginbotham spoke in favor of the application and described his plan to construct a garage, which will be approximately 28 feet wide by 26 feet long. The proposed garage will be located a minimum of approximately 73 feet from the road’s center line and 13.5 feet from the north side yard line. The side yard setback variance is required because the garage will be located within 13.5 feet of the property line. Mr. Higginbotham explained in detail to the Board the physical limitations of his property based on topography and existing improvements, which include his house, private well and water line, septic tank and leach field.

There was no objection to the proposal at ZBA’s public hearing, which was held on March 15, 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.

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 and the garage will be located over 70’ from the road. 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 garage measuring 28 feet wide and 26 feet in long with a minimum setback of 13.5 feet from the north side yard property line. 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. Cleverley absent

Mr. Mitts absent

Mr. Abold yes

Mr. Bowes yes

Mr. Virginia, Chairman yes

Vote: 3 yes, 2 absent, 0 no; motion carried.

The public hearing closed at 8:14 p.m.

PUBLIC HEARING – JUDY MITCHELL

1841 Hoag Road W., Tax Parcel ID #044.-02-11.0

Variance from Section #200-14A(3)(b) side yard setback. AR-80 Zoning District.

The public hearing opened at 8:15 p.m. The secretary read the public notice aloud.

Mrs. Judy Mitchell was present to address the Board.

Mr. Virginia asked if the application was a request for a side yard variance from 15’ to 13’, to locate a swimming pool, and that the existing septic tank and garage location dictate the proposed pool’s location.

Mrs. Mitchell said that was correct.

Mr. Virginia proposed the following resolution #Z-04-09:

Judy Mitchell of 1841 Hoag Road West seeks an area variance from Sections 200-14(A)(3)(1) of the Town of Van Buren Code related to the side yard setback requirements for a proposed in ground pool. The property is located in an AR-80 District and is identified as Tax Map parcel 044-02-11.0. Applicant proposes to construct an in ground pool on the parcel. The Zoning Code requires a total of 15 feet for the side yard setbacks in an AR-80 District. Ms. Mitchell’s proposal provides for a total of 13’ setback on the east side of the house.

Ms. Mitchell spoke in favor of the application. She described the plan and the circumstances under which the pool 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 map prepared by Ovid White, LLS, dated July 5, 1994 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 pool will be located 13 feet from the east side property line. Due to the lot’s topography, shape 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 an inground pool with an east side yard setback of 13 feet.

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

Roll Call Vote:

Mr. Cleverley absent

Mr. Mitts absent

Mr. Abold yes

Mr. Bowes yes

Mr. Virginia, Chairman yes

Vote: 3 yes, 2 absent, 0 no; motion carried.

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

PUBLIC HEARING – ELDAN HOMES

Fishermans Creek, Tax Parcel ID#034.-03-19.2

Variance from Section #200-20A(2)(a) front yard setback. R-15 Zoning District.

The public hearing opened at 8:20 p.m. The secretary read the public notice aloud.

Mr. Scott Freeman, representing Eldan Homes, was present to address the Board.

Mr. Freeman said that he was seeking a front yard variance for the proposed Lots 5 and 6 of the proposed six-lot subdivision, still with the Planning Board, in a R-15 zoning district.

Mr. Virginia said the front yard setback for R-15 district is 35’ and the applicant is requesting 30’ setback in order that the homes remain consistent and line up properly with the surrounding proposed homes.

Mr. Abold proposed the following resolution #Z-04-10:

Eldan Homes of 4713 Cross Roads Park Dr., Liverpool, NY 13088 seeks an area variance from Section 200-20(A)(9) of the Town of Van Buren Code related to the proposed location of principal structures on two lots in a six lot subdivision. The property is located in an R-15 District and is identified as Tax Map parcel 034-03-19.2.

Applicant is in the process of obtaining subdivision approval for a 6-lot subdivision. Lots 5 and 6 of the Harbor Heights Tract Section 5 subdivision are located at the end of the street where a hammerhead will be constructed, per map submitted by applicant, dated March 5, 2004, labeled Grading, Drainage, Layout and Utilities Plan. In order to facilitate the hammerhead road and to be able to locate the principal structures in line with the homes on neighboring lots, Applicant has requested the area variance. The Planning Board has recommended approval for the variance.

There was no objection to the proposal at ZBA’s public hearing, which was held on March 15, 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.

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 because the structures will be located no less than 30’ from the front lot line, along proposed Waterfront Drive and the front yard requirements for principal structures in R-15 district is 35 feet. Neighbors express no objection to the variance. Given the shape of the lot, its location within the subdivision 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 principal structure with a minimum setback of 30 feet from the front property line, along proposed Waterfront Drive on Lots 5 and 6 of the subdivision. 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 Vote:

Mr. Cleverley absent

Mr. Mitts absent

Mr. Abold yes

Mr. Bowes yes

Mr. Virginia, Chairman yes

Vote: 3 yes, 2 absent, 0 no; motion carried.

The public hearing closed at 8:32 p.m.

CONTINUED PUBLIC HEARING – DAVID J. PRINGLE

2474 Brickyard Rd., Tax Parcel ID #053.-08-06.1

Special Use Permit #200-15(C)(9) home occupation to allow for piano lessons. R-40 Zoning District.

The public hearing continued at 8:33 p.m.

Mr. Pringle was present to address the Board.

Mr. Virginia said that according to County Planning’s letter that they determined there were no county-wide or community wide implications and noted that a turnaround be supplied so that cars don’t need to back out of the driveway.

Mr. Pringle said that he was proposing the driveway that leads to his detached garage and that there is “plenty” of room for turning around.

Mr. Bowes proposed the following resolution #Z-04-11:

David J. Pringle of 2474 Brickyard Road, Warners, New York 13164, applies for a Special Use Permit pursuant to Town of Van Buren Code Section 200-15(C)(9) to allow for a home occupation that would involve piano lessons being conducted at the premises.

The property is zoned R-40 and is known as tax map no. 053-08-6.1. In an R-40 District, a home occupation 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.

The application was referred to the Onondaga County Planning Agency pursuant to Section 239M of the General Municipal Law. The Planning Agency, by resolution dated March 9, 2004 made the finding that there would be no adverse inter-community or countywide impact.

Notice of a public hearing on the special permit and application was duly published. David Pringle appeared and spoke in favor of the application. There was no opposition to the proposed home occupation 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, is located in a residential zone and has an existing structure, which will not be modified. 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 200-13(C)(9) for the proposed use, which the Board finds is a “home occupation”.

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 home occupation use;

(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 structure, 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 vehicular movement given the size of the site and the fact that there will be minimal vehicular movement or parking on site. The property is served by two existing driveways and a three car garage.

(e) The site is adequately served by public utilities and the proposed use will not result in an increased demand;

(f) Drainage on the site will not be affected by the proposed use;

(g) Regarding aesthetics, there is no change to the physical layout of the property;

(h) Emissions from the site will continue to be minimal.

(4) The Special Permit is granted pursuant to Code Section 200–13(C)(9) and all other applicable provisions of the Code, so as to allow for operation of a home occupation subject to:

(a) Hours of Operation from 2:30 p.m. to 8:00 p.m. Monday – Friday, with limited appointments on Saturday, and during the school year, only;

(b) One sign, according to code regulations.

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

Roll Call Vote:

Mr. Cleverley absent

Mr. Mitts absent

Mr. Abold yes

Mr. Bowes yes

Mr. Virginia, Chairman yes

Vote: 3 yes, 2 absent, 0 no; motion carried.

The public hearing closed at 8:40 p.m.

ADJOURNMENT

Mr. Virginia made a motion to adjourn the meeting to April 19, Mr. Abold seconded the motion; motion carried. The meeting adjourned at 8:41 p.m.

Respectfully submitted,

Donna Aulds

Zoning Secretary