7575 Van Buren Road, Baldwinsville, NY 13027
Zoning Board of Appeals March 21, 2005
March 21, 2005
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
Mr. Ted Spencer, Attorney
Ron Dudzinski, Councilor
MINUTES
Motion Mr. Virginia asked that the minutes from the last meeting regarding Motion Z-05-02 be changed to included the amended motion #Z-05-02A which corrects that applicant is not owner of 1187 State Fair Blvd. only that it was given as an address. Mr. Abold made a motion to accept the minutes, as amended, Mr. Bowes seconded the motion, there was no further discussion; motion carried unanimously.
CONTINUED PUBLIC HEARING – DON NICCOLI
503 Village Blvd. South, Tax Parcel ID #031.-10-11.3
Special Use Permit #200-44(B) Home Occupation. PUD Zoning Distr.
The public hearing continued at 7:33 p.m. Mr. Don Niccoli was present to address the Board.
Mr. Virginia said the Board received the additional paperwork that was asked for at the last meeting.
Mr. Virginia asked if anyone wanted to speak regarding the application. No one spoke.
Mr. Virginia closed the public hearing at 7:36 p.m.
Mrs. McBurney proposed the following resolution #Z-05-03:
Niccoli Funding, Inc., of 503 Village Boulevard South, Baldwinsville, New York 13027, applies for a Special Use Permit pursuant to Town of Van Buren Code Section 200-44(B) to allow for a home occupation that would involve mortgage broker business conducted at the premises.
The property is zoned PUD and is known as tax map no. 031-10-11.3. In a PUD 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.
Notice of a public hearing on the special permit and application was duly published. Dominic Niccoli 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 200-44(B) 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.
(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 Use Permit is granted pursuant to Code Section 200–44(B) and all other applicable provisions of the Code, so as to allow for operation of a home occupation subject to compliance with Section 200-108B4 and other applicable requirements of the Town Code.
5. This Special Use Permit is only valid while a lease agreement is in effect with the recorded owner of the property.
Mr. Cleverley seconded the motion; there was no further discussion.
Roll Call Vote:
Mr. Cleverley yes
Mrs. McBurney yes
Mr. Bowes yes
Mr. Abold yes
Mr. Virginia, Chairman yes
Vote: 5 yes, 0 no; motion carried, unanimously.
CONTINUE PUBLIC HEARING – PHILIP M. ARTESE
2115 Warners Rd., Tax Parcel ID #049.-03-10.0
Use Variance from Section #200-144(A) “No trailer in residential district for storage” R-40 Zoning distr.
The public hearing continued at 7:41 p.m. Mr. Philip Artese was present to address the Board.
Mr. Virginia asked why the applicant has furnished no new information regarding the application for a use variance.
Mr. Artese said because of personal matters, but that he could address the four conditions for a use variance verbally and shows the board photos.
Mr. Virginia said he has driven by the property.
Mr. Artese addressed #1 of the use variance test and said that he was not looking for a reasonable rate of return, regarding test #2 Mr. Artese said he wanted temporary storage and that a hardship exists because he needs to repair his home, regarding test #3 Mr. Artese said that the trailers would not alter the character of the neighborhood and test #4 he said was not self-created and that the Codes Officer said he could put in trailers.
Mr. Pringle addressed the Board and said that he never said the applicant could put in trailers and that the only time a trailer can be used is in the industrial district on a temporary basis for six months only.
Mr. Virginia asked the applicant what was in the trailer.
Mr. Artese said that he had personal items from inside his home so that he could remodel his home and that there were items stored from his business and a few car parts.
Mr. Virginia said that according to Town Code that trailers are not allowed and that the information submitted does not meet the use variance requirement.
Mr. Virginia asked the applicant how long he needed the trailers.
Mr. Artese said two years.
Mr. Virginia said that the applicant could not have the trailers for two years and that he needs to remove them.
The Board granted the applicant three months to remove the trailers off his property.
Mr. Virginia asked if there was any more information to submit.
Mr. Artese said he had no more information.
Mr. Virginia asked if anyone wanted to speak regarding the application. No one spoke.
Mr. Virginia closed the public hearing at 8:08 p.m.
Mr. Virginia proposed the following resolution to deny applicant request for use variance #Z-05- 04:
Philip M. Artese (“Applicant”), owner of 2115 Warners Road, Baldwinsville, New York applies for a use variance pursuant to the Code of the Town of Van Buren (“Code”) Section 200-100(C) from the existing Code requirements of Section 200-144(A). The property is identified as Tax Map parcel #046-06-01.0; it is zoned R-40.
Applicant seeks a use variance in order to maintain two trailers at the location for storage purposes on a permanent basis.
Applicant has submitted an Application to the Zoning Board of Appeals dated November 5, 2004, Notification to Surrounding Property Owners, an Agricultural Data Statement and a supplemental submittal that provides additional information as to the proposed improvement.
The matter was referred to the Onondaga County Planning Agency which recommended by resolution dated December 7, 2004 that the application be disapproved as it undermines the integrity of the Town zoning ordinance.
Pursuant to Code Section 200-100(C) and New York State Town Law Section 267-b no use variance may be granted by the Zoning Board of Appeals without a showing by the applicant that the zoning regulations cause unnecessary hardship. The applicant is required to prove four (4) elements to substantiate unnecessary hardship include:
(1) applicant cannot realize a reasonable return for each permitted use under the existing zoning regulation, provided that lack of return is substantial as demonstrated by competent financial evidence;
(2) the alleged hardship is unique and does not apply to a substantial portion of the district or neighborhood;
(3) that the requested use variance, if granted, will not alter the essential character of the neighborhood; and
(4) the alleged hardship has not been self-created.
A public hearing was held before the Zoning Board of Appeals on December 13, 2004 and March 21, 2005. Mr. Philip Artese appeared in support of the application. Mr. Artese addressed the Board as to the contents of his submittal and its attachments.
Based on the written submission and testimonial proof taken by the Board, the Board finds and resolves as follows:
1. Due notice of the public hearing was published.
2. Applicant has not furnished the Broad sufficient competent financial evidence to demonstrate that the property owner cannot realize a reasonable return for the permitted zoning uses where the property is located. There was no objective evidence submitted that there was no reasonable rate of return on the property under the allowed uses.
3. The Board has reviewed the alleged hardship relating to the property in question and in its opinion does not find the hardship unique to the property in question. The zoning regulations apply to the entire zoning districts as well as the surrounding neighborhoods, not just the property in question.
4. The Board further finds that if it were to grant the requested variance, the result would be to alter the essential character of the neighborhood and districts where there are currently no provisions to allow for the permanent placement of storage trailers. There would exist the potential for a significant change in the appearance and visual aesthetics of the area if storage trailers were to be permitted. This would result in a fundamental deviation from the zoning scheme set forth in the Town’s ordinance and contrary to the Town’s objectives set forth in its zoning laws.
5. The Board also finds that the owner obtained the parcel at a time when the zoning regulations prohibited storage trailers. As a result to the extent the owner alleges a hardship, it is one that is self-created. The owner purchased the property with at least constructive knowledge of the existing zoning restrictions.
Based on the foregoing the Board hereby denies applicant’s request for use variance for failure to establish unnecessary hardship as required by New York State Law Section 267b and Town of Van Buren Zoning Code 200-100(C). To approve the variance based on the evidence presented would result in a fundamental alteration of the zoning scheme and allow a use which has been expressly excluded by the Town’s current zoning regulations.
Mrs. McBurney seconded the resolution; there was no further discussion.
Roll Call Vote:
Mr. Cleverley yes
Mrs. McBurney yes
Mr. Bowes yes
Mr. Abold yes
Mr. Virginia, Chairman yes
Vote: 5 yes, 0 no; motion carried, unanimously.
CONTINUED PUBLIC HEARING – MEYER’S CAMPERS
Interstate Island Rd., Tax Parcel ID #056.-03-04.0
Special Use Permit #200-33C(10) Outdoor Storage. IND-A Zoning Distr.
The public hearing continued at 8:10 p.m. There was no one present to address the Board.
Mr. Pringle informed the Board that Mr. Bostrom, representing Meyer’s Campers, called and would not attend since he couldn’t get the information needed for the Board for tonight.
Mr. Virginia tabled the application to April 18, 2005 at 7:33 p.m.
PUBLIC HEARING -- MIKE RUSYNIAK (M. RUSS ASSOC.)
Brickyard Rd., Tax Parcel ID #054.-03-13.1
Special Use Permit #200-67 to spread allowable fill. AR-80 Zoning Distr.
The public hearing opened at 8:12 p.m. The secretary read the public notice aloud.
There was no one present to address the Board.
Mr. Virginia said the Board received a letter from Mr. Rusyniak’s Attorney, Mark Banac, asking to withdraw the application.
Mr. Virginia asked, and the Board agreed, that the application be removed from the agenda per applicant.
The public hearing was closed at 8:13 p.m.
SET PUBLIC HEARING – MANDIE FARRINGTON
1481 Gunbarrel Rd., Tax Parcel ID #038.-02-12.4
Special Use Permit #200-13(C)(5) Outdoor recreation and Variance #200-14B(3)(a) front yard setback of barn.
The public hearing opened at 8:14 p.m. The secretary read the public notice aloud.
Mrs. Mandie Farrington of 1481 Gunbarrel was present to address the Board.
Mr. Virginia said the Board was unable to make a decision on the application tonight since they had not heard from County Planning.
Mr. Virginia said the Board did receive the information that was needed.
Mr. Virginia asked if anyone wanted to speak regarding the application.
Mr. Mike Williamson of 1463 Gunbarrel Rd. said that he looked at the request and that he no longer has a problem with the application for a variance.
Mr. Bob Warner of Gunbarrel Rd. (across the street) asked to see the information that the Board received.
Mr. Virginia showed Mr. Warner the information and the building diagram of the proposed barn.
Mr. Warner said he no longer had a problem with the applicant’s request.
Mr. Pringle asked the Board to set up a special meeting for the applicant since she wants to get started and already has set up a contractor.
Mr. Virginia asked the Board if they could meet on Tuesday, March 29th at 7:30 regarding the applicant Mrs. Farrington and that they should receive County comments by then and if there are any issues the applicant should have time to address them.
The Board had no problem with setting up a special meeting on Tuesday, March 29th at 7:30 p.m.
Mr. Spencer said the Board should address the land agreement that was submitted by the applicant.
The application was tabled to a Special Meeting on Tuesday, March 29th, 2005, at 7:30 p.m.
PUBLIC HEARING – JERI BURKE
6701 Pottery Rd., Tax Parcel ID #055.-01-14.1
Variance from Section #200-16(A)(3)(a) front yard setback. R-40 Zoning Distr.
The public hearing opened at 8:30 p.m. The secretary read the public notice aloud.
Mrs. Jeri Burke of Warners was present to address the Board.
Mrs. Burke said she submitted a map showing the proposed location but wasn’t sure of the location.
Mr. Virginia informed the applicant that the Board needs exact dimensions and location.
Mrs. Burke said she could return next month with the exact location.
Mr. Virginia tabled the application to April 18, 2005 at 7:35 p.m.
PUBLIC HEARING – BRENDA ERIKSON
New NYS Route 31, Tax Parcel ID #044.-02-06.0
Variance from Section #200-14(A)(1)(b) maximum lot area. AR-80 Zoning Distr
The public hearing opened at 8:38 p.m. The secretary read the notice aloud.
Mrs. Brenda Erikson of 7274 New NYS Route 31 and Mr. Adrian Armpriester landowner to the north of proposed property, buying property from Mrs. Erikson, were present to address the Board.
Mrs. Erikson said she was looking for a variance for lot area and that this was the second time the Board has seen this application, but she changed the lines and didn’t file the previous subdivision.
Mr. Virginia asked if anyone wanted to speak regarding the application. No one spoke.
Mr. Virginia closed the public hearing at 8:53 p.m.
Mr. Virginia proposed the following resolution #Z-05-05:
Brenda Erikson of 7274 New State Route 31, 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 New State Route 31. The property is located in an AR-80 District and is identified as Tax Map parcel 044-2-6.
Brenda Erikson and Adrian S. Armpriester together spoke in favor of the application and described the plan to establish two lots; Lot 1 would measure approximately 9.6 acres and Lot 2 would measure approximately 7.91 acres. Section 200-14(A)(1)(b) sets 216,800 square feet (5 acres) as the maximum area for a lot in an AR80 district. Proposed Lot 1 and Lot 2 require a variance. Ms. Erikson spoke in detail regarding the physical limitations of the lots.
The Town of Van Buren Planning Board recommends approval of the requested area variances insomuch as the variances are not detrimental to the character of the area. There was no objection to the proposal at ZBA’s public hearing, which was held on March 21, 2005 pursuant to public notice.
In support of the application, applicant submitted an Application for Variance, Notice to Surrounding Property Owners, and survey showing the location of the two lots.
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 variance. The benefit to applicant outweighs any detriment to the neighborhood or community as a result of granting the variances.
3. A variance is granted to allow the establishment of two-oversized lot pursuant to the subdivision application of Brenda Erikson for a two-lot subdivision on New State Route 31. The two lots and their dimensions are as follows:
-Lot 1 - 9.6 acres
-Lot 2 - 7.91 acres
as depicted on the subdivision map prepared by Stephen Sehnert, dated March 2, 2005. The variance is subject to Planning Board approval of the subdivision.
Mrs. McBurney seconded the resolution; there was no further discussion.
Roll Call Vote:
Mr. Cleverley yes
Mrs. McBurney yes
Mr. Bowes yes
Mr. Abold yes
Mr. Virginia, Chairman yes
Vote: 5 yes, 0 no; motion carried, unanimously.
REQUEST FOR RE-HEARING – MICHAEL KEMPISTY
State Fair Blvd. & Mann Dr., Tax Parcel ID #059.-03-06.0
Special Use Permit #200-27(C)(5) Outdoor Commercial Display
Mr. Virginia said that the applicant Mr. Kempisty, who was not present, requested a re-hearing.
Mr. Virginia asked the Board if anyone of the members wanted to re-hear the application, per NYS Town Law Section 267-a #12 - Rehearing.
None of the members wanted to re-hear the application.
Mr. Virginia asked that the Board close the public hearing, Mr. Bowes moved to accept the motion, Mr. Abold seconded the motion; there was no further discussion.
Roll Call Vote:
Mr. Cleverley yes
Mrs. McBurney yes
Mr. Bowes yes
Mr. Abold yes
Mr. Virginia, Chairman yes
Vote: 5 yes, 0 no; motion carried, unanimously.
ADJOURNMENT
Mr. Virginia made a motion to adjourn the meeting to April 18th, 7:30 pm, Mr. Abold seconded the motion; motion carried. The meeting adjourned at 9:00 p.m.
Respectfully submitted,
Donna Aulds
Zoning Secretary
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