Van Buren, NY - Zoning Board of Appeals April 18, 2005

Zoning Board of Appeals April 18, 2005

April 18, 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

MINUTES

Motion Mrs. McBurney asked that the minutes from the last meeting, the word loose be changed to lose and roll call vote. 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 – 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 7:33 p.m. Mr. Kevin Bostrom, General Manager, and representing Meyer’s Campers was present to address the Board.

Mr. Virginia asked that the application be referred to County Planning and that the applicant submit more copies of the site plan map for the Board members

Mr. Virginia tabled the application to May 16th, 2005.

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 continued at 7:39 p.m.

Mr. John Burke of Warners was present to address the Board.

Mr. Virginia said the Board received the dimensions and location for the proposed barn.

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

Mr. Virginia closed the public hearing at 7:41 p.m.

Mrs. McBurney proposed the following resolution #Z-05-08:

Jeri D. Burke of 3609 Dunn St., Warners, seeks an area variance from Sections 200-16(A)(3)(a) of the Town of Van Buren Code related to the location of a barn. The property is located in an R-40 Zoning District (Residential-40) at 6701 Pottery Road and is identified as Tax Map Parcel 055.-01-14.1.

Ms. Burke spoke in favor of the application and described the barn, which is 30 feet by 40 feet. The barn is located adjacent to the house approximately 296 feet from the road’s right of way line and 420 feet from the side yard line. The front yard setback variance is required because the structure is located in front the house by approximately 65 feet. Mr. and Mrs. Burke explained in detail to the Board the physical limitations of the property based on topography and existing improvements.

There was no objection to the proposal at ZBA’s public hearing, which was held on March 21, 2005 and April 18, 2005, pursuant to public notice.

In support of the application, applicant submitted an Application for Variance, Agricultural Data Statement and 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 barn measuring 30 feet long and 40 feet in width in front of the existing structure by 65, as depicted on the survey map prepared by RJ Lighton. Any additional structures shall require additional review and approvals.

Mr. Virginia 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.

PUBLIC HEARING – FRANCES THERESA BEJARANO MARCH

6711 Pottery Rd., Tax Map ID #055.-01-13.0. R-40 Zoning District

Special Use Permit #200-15(C)(9)Home Occupation for Naturopathic Therapy

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

Mr. Richard March of 6711 Pottery Rd. was present to address the Board.

Mr. March said he was seeking a special use permit to allow for a home occupation for his wife, who operates a naturopathic therapy.

Mr. March said that currently there are no more than four visitors a week and that a customer would visit one at a time.

Mr. March said he is not looking for signage and that they currently go by “word of mouth” for advertising.

Mr. March said he was waiting to get approval in writing from the owner, but that he got verbal approval.

Mr. Virginia said that the application would need to go to County Planning for referral and that a tax map would be sufficient instead of a survey, but that an Agricultural Data Statement needs to be submitted.

Mr. March produced the Agricultural Data Statement and submitted it to the secretary for forwarding to County Planning.

Mr. Virginia tabled the hearing to May 16, 2005.

PUBLIC HEARING – JOHN-PAUL ANTHONY

6473 Bennetts Corners Rd., Tax Map ID #048.-01-02.0

Variance from Section #200-26(A) front yard setback for deck. RH Zoning Distr.

The public hearing opened at 7:59 p.m. The secretary read the public notice aloud.

Mr. John-Paul Anthony of 6473 Bennetts Corners Rd. was present to address the Board.

Mr. John-Paul Anthony said he wanted to put in a porch in the front and remove the existing wheel-chair ramp. The porch would extend 6’ from the home and run the width of the home at 24 feet.

Mr. Anthony informed the Board that the photo in the file shows the home close to an old trolley bed, but that the asphalt road is actually 35’ away from the home.

Mr. Spencer said the application needn’t be referred to County planning since it was an area variance involving a deck.

Mr. Anthony said there would not be a roof over the proposed deck in front.

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

Mr. Virginia closed the public hearing at 8:05 p.m.

Mrs. McBurney proposed the following resolution #Z-05-09:

John-Paul Anthony of 6473 Bennetts Corners Rd., seeks an area variance from Sections 200-26(A) of the Town of Van Buren Code related to the location of a deck. The property is located in an R-40 Zoning District (Residential-40) at 6473 Bennetts Corners Rd. and is identified as Tax Map Parcel 048.-01-02.

Mr. Anthony spoke in favor of the application and described the deck, which is 6 feet by 24 feet. The deck will replace an existing wood access ramp that serves as an entrance to the house. Mr. Anthony explained in detail to the Board the physical limitations of the property based on topography and existing improvements.

There was no objection to the proposal at ZBA’s public hearing, which was held on April 18, 2005, 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 6 feet long and 24 feet in width in front of the existing structure. Any additional structures shall require additional review and approvals.

Mr. Virginia 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.

ADJOURNMENT

Mr. Virginia made a motion to adjourn the meeting to May 16, 2005, 7:30 pm, Mr. Abold seconded the motion; motion carried. The meeting adjourned at 8:10.m.

Respectfully submitted,

Donna Aulds

Zoning Secretary