Van Buren, NY - Dec. 13, 2004

Dec. 13, 2004

December 13, 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: Donna Aulds, Secretary

David Pringle, Codes Officer

MINUTES

Motion Mr. Bowes asked that the minutes from November’s meeting be corrected on page 4 to read “minimum” rather than “total” and page 5 read “referred to”. Mrs. McBurney made a motion to accept the minutes, as corrected, Mr. Bowes seconded the resolution, there was no further discussion; motion carried unanimously.

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

Mr. Virginia said the applicant requested a resubmittal to County Planning. Mr. Virginia tabled the application and asked that the application by Kempisty be resubmitted.

Mr. Kempisty said that his application was treated unfairly and that he didn’t understand where the County Planning came up with setbacks for the property.

Mr. Virginia said that the Board has a total of 62 days and that he is tabling the application so that it can go to County Planning.

Mr. Kempisty said he would be out of town for the month of January.

Mr. Virginia said that the next meeting would be January 24^th. Mr. Virginia said that they could table the application again if Mr. Kempisty could not attend January’s meeting.

Mr. Kempisty said he wished the Board informed him that they wouldn’t discuss the application.

Mr. Virginia and the Board said they didn’t look at the application further since there was a request to resubmit.

Application was tabled at 7:34 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 7:35 p.m.

Mr. Sam Taylor of 7838 E. Dead Creek Rd., was present to address the Board.

Mr. Virginia read the letter from County Planning recommending denial of the application.

Mr. Virginia asked if the violation on the applicant’s property had been corrected.

Mr. Pringle said that the violation of more than one licensed vehicle was corrected.

Mr. Virginia asked Mr. Pringle if the applicant has had previous violation of unlicensed vehicles on the proposed property.

Mr. Pringle said in the past Mr. Taylor has had a few violations against him regarding unlicensed vehicles.

Mr. Virginia said only one unlicensed vehicle is allowed on the property.

Mr. Virginia said he wanted to think about the application and talk to the Attorney.

Mr. Virginia said if there is another violation on the property then the applicant will loose their special use permit.

Mr. Virginia tabled the application to January 24^th at 7:43 p.m.

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.

The public hearing opened at 7:45 p.m. The secretary read the notice aloud.

Mr. Philip Artese of 2115 Warners Rd. was present to address the Board.

Mr. Virginia read the County Planning letter recommending denial of the application.

Mr. Artese said other people have trailers and why couldn’t he and Mr. Pringle said he could have the trailers.

Mr. Pringle said that he never said trailers were allowed.

Mr. Pringle said there are certain recreational and transportation vehicles allowed and existing mobile homes were grand fathered into the Code, but the proposed storage trailers were not allowed.

Mr. Virginia asked what the applicant stored in the trailers.

Mr. Artese said he has business items and personal items. Mr. Artese said he was in the sign business and that there is sign equipment in the trailers.

Mr. Virginia said he thought the trailers were only temporary.

Mr. Virginia said that the Board might set a precedent for trailers.

Mr. Artese said he isn’t concerned what others might do and that he has invested money for the trailers.

Mr. Virginia said that the trailers are unattractive and deter from the character of the neighborhood.

Mr. Artese said his neighbors have no problem with his application.

Mr. Virginia asked what the Board thought of the trailers.

Mr. Abold said he would allow it temporarily for three months.

Mr. Bowes said according to the code trailers are not allowed and that application should be denied.

Mrs. McBurney said she would allow the trailer temporarily, so the applicant had time to remove the trailers, and the trailers distracted from the beautiful country road.

Mr. Cleverley said that he would allow the trailers temporarily to give time for the applicant to remove the trailers.

Mr. Virginia said he wanted to talk to the Board’s Attorney as to whether the trailers could be allowed temporarily and tabled the application to January 24^th.

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.

The public hearing opened at 7:58 p.m. The secretary read the public notice aloud.

Mr. Thomas Maier was present to address the Board.

Mr. Virginia said he was unsure the applicant needed a Special Use Permit for home occupation and asked if he had any employees.

Mr. Maier said he had no employees at his home only him and his wife.

Mr. Pringle said that the home does not exist yet and that the builder came in to get a building permit and that he was building a home office for the owner. Mr. Pringle said that a home occupation is needed for someone doing business in his or her home.

Mr. Virginia asked if there would be any signage.

Mr. Maier said there would be no signage.

Mr. Virginia said that County Planning commented on the driveway that was incorrectly placed without County DOT approval.

Mr. Virginia asked Mr. Pringle if the driveway was addressed.

Mr. Pringle said yes the owner is aware that the driveway was incorrectly installed and that they will not get final approval until the new driveway is in.

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

Mr. Virginia closed the public hearing at 8:06 p.m.

Mrs. McBurney proposed the following resolution #Z-04-48:

Thomas F. Maier of Kingdom Road, Town of Van Buren, applies for a Special Use Permit pursuant to Town of Van Buren Code Section 200-13(C)(9) to allow for a home occupation that would involve bookkeeping at the premises for a car wash business that is located off site.

The property is zoned AR-80 and is known as tax map no. 046.-06-01.1, a home occupation is a use allowed upon the grant of special permit by the Zoning Board of Appeals.

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 December 7, 2004, recommended modifications to the proposal regarding driveway locations.

Notice of a public hearing on the special permit and application was duly published. Thomas Maier 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. The 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 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 standard 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 a proposed driveway.

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. There is no outdoor storage or business conducted on the site.

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, Chair yes

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

PUBLIC HEARING – THOMAS LAMERE AND B’VILLE MOOSE LODGE #644

6987 Jones Rd., Tax Map ID #058.-01-35.1

Special Use Permit #200-33(C)(9) to allow for restaurant. Ind-A Zoning District.

The public hearing opened at 8:15 p.m.

Mr. Virginia made motion to waive the reading of the legal notice, Mr. Abold seconded motion, motion carried, unanimously.

Mr. Thomas Lamere was present to address the Board.

Mr. Lamere said he needed a special use permit to operate a restaurant in the proposed existing structure and that the restaurant is not open to the public only private club members.

Mr. Pringle said that according to the New York State Building and Fire Codes a private or public restaurant is treated the same. Mr. Pringle said that according to the Town’s Code a special permit is needed for restaurant and does not designate private or public.

Mr. Virginia said the special use would need to be conditioned upon site plan approval from the Planning Board after they receive County Planning Comments.

Mr. Virginia said if County has comments regarding the special use then the Board would need to look at the application again.

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

Mr. Virginia said that the Planning Board gave a positive recommendation with the condition that the special use apply to the proposed owner only, the Baldwinsville Moose Lodge only.

Mr. Virginia closed the public hearing at 8:21 p.m.

Mr. Virginia proposed the following resolution #Z-04-49:

Thomas Lamere on behalf of the Baldwinsville Moose Lodge #644, applies for a Special Use Permit pursuant to Town of Van Buren Code Section 200-33(C)(9) to allow for a restaurant, i.e. private club at 6987 Jones Rd.

The property is zoned IND-A and is known as tax map no. 058.-01-35, a restaurant (private club) is a use allowed upon the grant of special permit by the Zoning Board of Appeals.

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.

Notice of a public hearing on the special permit and application was duly published. Thomas Lamere appeared and spoke in favor of the application. There was no opposition to the proposed restaurant 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:

5. The 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 an industrial zone and has an existing structure, which will accommodate the use. 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.

6. A special permit required pursuant to Code Section 200-33(C)(9) for the proposed use, which the Board finds is a “restaurant” (private club).

7. Pursuant to Section 200-108 of the Code, the Board finds the proposed special use satisfies the Town standard 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;

d. The design of the site provides for efficient vehicular movement given the size of the site and the fact that there is adequate room for parking, ingress and egress.

e. The site is adequately served by public utilities;

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.

8. 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. Final site plan approval is granted by the Planning Board;

b. Utilization of the site is for operation Baldwinsville Moose Lodge #644 and no other operation;

c. Baldwinsville Moose Lodge #644 shall provide proof of ownership of the property or other satisfactory evidence of its property rights to the Planning Board prior to site plan approval.

d. If the Baldwinsville Moose Lodge #644 ceases to own the property, this Special Use Permit shall be deemed null and void.

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, Chair yes

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

OTHER BUSINESS

Mr. Virginia informed the Board that the County Planning Agency is having their annual Training Program on January 25, 2005 and to let the Secretary know if they would be attending.

Mr. Virginia informed the Board that he is up for reappointment next year for a five-year term.

ADJOURNMENT

Mr. Virginia made a motion to adjourn the meeting to January 24^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