Van Buren, NY - June 20, 2005

June 20, 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

Ted Spencer, Attorney

MINUTES

Motion Mr. Virginia made a motion to accept the minutes, as typed and distributed, 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. There was no one present to address the Board.

Mr. Pringle informed the Board that the applicant is still awaiting approvals from Niagara Mohawk.

Mr. Kempisty of 1187 State Fair Blvd. in Syracuse was present in the audience and asked to speak.

Mr. Kempisty said that the map submitted by the applicant should show topography.

Mr. Kempisty said that he had to show topography on his map and that Meyer’s should have to show topography as well. Mr. Kempisty said the Board should treat everyone the same. Mr. Kempisty said he didn’t see where the application requested servicing or washing and waxing of the RV’s.

Mr. Kempisty informed the Board that Meyer’s was using the proposed property without a special use permit.

Mr. Pringle said he did allow the applicant use of the property for temporary time frame during a show at the State Fair. Mr. Pringle said that the time is up and that he didn’t think the applicant would still have the RV’s stored on the property.

Mr. Virginia tabled the incomplete application to July 18, 2005, 7:33.

CONTINUED 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 continued at 7:40 p.m. Mrs. Richard March of 6711 Pottery Rd. was present to address the Board.

Mrs. March said that she supplied the approval letter on letterhead to the Codes Office and narrative of the proposed home occupation.

Mrs. March said that she would only have at the most four people per day and that the comment from County Planning did not apply because she has so few people pulling out of the driveway.

The Board said they felt the driveway was long enough to turn around in and the speed of traffic was 40 M.P.H. and that they could act contrary to County comment requesting a turn-around.

Mr. Spencer informed the Board that they would need a majority plus one vote to approve the special use.

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

Mrs. McBurney proposed the following resolution Z-05-12:

Frances Theresa Bejarno March of 6711 Pottery Road, Warners, NY 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 conducting lifestyle and nutrition counseling at the premises.

The property is zoned R-40 and is known as tax map no. 055-01-13.0. 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, and SEQRA short form environmental assessment form. The Onondaga County Planning Board recommends the application be modified to incorporate a turn around site on the property.

Notice of a public hearing on the special permit and application was duly published. Ms. March 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. This 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 200-15(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.

(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 200-15(C)(9) and all other applicable provisions of the Code, so as to allow for operation of a home occupation as a lifestyle/nutrition consultant subject to compliance with Section 200-15(C)(9) and other applicable requirements of the Town Code.

5. This Special Permit shall expire automatically when applicants lease of 6711 Pottery Road terminates.

Mr. Virginia seconded the motion, there was no further discussion.

Roll Call Vote:

Mr. Abold yes

Mr. Cleverley yes

Mr. Bowes yes

Ms. McBurney yes

Mr. Virginia, Chairman yes

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

INTERPRETATION provision of Zoning Ordinance Section #200-35(B)

Dr. Mark Levinsohn representing SOTC (Syracuse Obedience Training Club)

Pottery Rd., Tax Map ID #055-08-14.1

Dr. Levinsohn was present to address the Board.

Mr. Virginia said that the secretary contacted the Town Attorney. The Board was concerned with cost and time of a possible text amendment and the fact that a new set of Codes would be adopted soon and that the Supervisor had the same concerns after learning about a possible text amendment.

The secretary informed the Board that the Town Attorney said the Board could issue an interpretation along with the special use permit regarding the proposed use as an alternative to a text amendment.

Mr. Virginia asked the applicant to complete an application for a special use permit for an office and veterinary clinic and that the Board could interpret the proposed use into the currently existing Town Codes.

Mr. Virginia asked the applicant to return next month July 18, 2005, with completed application.

CONTINUED PUBLIC HEARING – MULVANEY MOTOR SPORTS

3417 Walters Rd., Lot #2 of approved subdivision, Tax Parcel ID #055-04-02.0 (Owner: Headrush, Inc.) Special Use Permit #200-33(C)(15) Indoor Recreation, to allow indoor motor cross.

The public hearing continued at 7:56 p.m.

Mr. Julian Clark of Plumley Engineering, representing Mulvaney Motor Sports, was present to address the Board.

Mr. Clark informed the Board that the proposal is for a special use permit on a recently approved subdivision, Lot #2 of Mr. Wright’s subdivision.

Mr. Clark informed the Board that he had submitted documentation addressing all of 200-108 questions.

Mr. Virginia commented on a well-done job by Mr. Clark for the submittal.

Mr. Clark said that the Town Engineer is reviewing drainage with only minor comments and that a traffic study was completed.

Mr. Clark said that the applicant is still working with Niagara Mohawk, but that they had to be 30’ away from the lines.

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-05-13:

Mulvaney Motor Sports, Inc. applies for a Special Use Permit pursuant to Town of Van Buren Code Section 200-33(C)16 and 200-33(C)(6)to allow for the construction of an indoor motocross facility and motorcycle sales and service facility at the intersection of Walters and Winchell Roads.

The property is zoned IND-A and is known as tax map no. 55-04-02.0. In an IND-A District, an indoor and outdoor recreation facility is a use allowed upon the grant of special permit by the ZBA.

Applicant has submitted, and the ZBA has reviewed, an application, agricultural data statement, notification to surrounding property owners of pending action and SEQRA long form environmental assessment form and site plan drawing prepared by Plumley Engineering, P.C., revised as of May 25, 2005. The Onondaga County Planning Board, by resolution dated March 1, 2005, recommended five modifications to the proposed action prior to approval.

Notice of a public hearing on the special permit and application was duly published. Julian Clark of Plumley Engineering appeared and spoke in favor of the application. There was no opposition to the proposed recreation 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 that the subject property is located in an IND-A zone and 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 200-33(C)16 for the proposed use, which the Board finds is an indoor motocross 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 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 Winchell Road.

(e) The site is adequately served by public utilities;

(f) Drainage on the site will be accommodated by the utilization of storm water drainage facilities;

(g) Regarding aesthetics, the proposed improvements will not adversely affect the area;

(h) Emissions from the site will be minimal.

4. The Special Use Permit is granted pursuant to Code Section 200–33(C)16 and all other applicable provisions of the Code, so as to allow for operation of an indoor motocross facility in accordance with its June, 2005 submittal entitled “Indoor Motocross Facility” prepared by Plumley Engineering subject to:

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

(b) A driveway permit is issued by the Town of Van Buren Highway Department or County of Onondaga Department of Transportation, as applicable.

(d) Applicant obtaining all permits and licenses required by New York State to conduct on site activities.

Mr. Virginia seconded the motion, there was no further discussion.

Roll Call Vote:

Mr. Abold yes

Mr. Cleverley yes

Mr. Bowes yes

Ms. McBurney yes

Mr. Virginia, Chairman yes

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

PUBLIC HEARING – BLUESKY DEVELOPMENT

3417 Walters Rd., Lot #3 of approved subdivision, Tax Parcel ID #055-04-02.0 (Owner: Headrush, Inc.). Special Use Permit #200-33(C)(8) to allow for hotel and Variance from Section #200-34(B)(4) maximum height.

The public hearing continued at 8:12 p.m.

Mr. Julian Clark of Plumley Engineering, representing BlueSky, was present to address the Board.

Mr. Clark informed the Board that the drainage is completed and with the Town Engineer and that Section 200-108 was addressed in the submittal.

Mr. Clark said the proposal is for an 87-room hotel.

Mrs. McBurney asked if the fire department had seen the plan.

Mr. Pringle said they had seen it and recommended adding fire hydrants and that the applicant was working with OCWA (Onondaga County Water Authority) and the Planning Board would be looking at the hydrants.

Mr. Clark said that they would review signage with the Planning Board, but didn’t expect to need a variance.

Mr. Clark said that the applicant is also requesting a height variance, Mr. Clark stated that there are no Niagara Mohawk poles located on or near the property.

Mr. Virginia thanked Mr. Clark for providing the necessary documents and on a job well done.

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

Mr. Virginia closed the public hearing at 8:29 p.m.

Mr. Bowes proposed the following resolution #Z-05-14:

Blue Sky Development, LLC, applies for a Special Use Permit pursuant to Town of Van Buren Code Section 200-33(C)(8) to allow for the construction of a four-story 87-room hotel (Lot #3) at the intersection of Walters and Winchell Roads.

The property is zoned IND-A and is known as tax map no. 55-04-02.0. In an IND-A District, a hotel is a use allowed upon the grant of special permit by the ZBA.

Applicant has submitted, and the ZBA has reviewed, an application, agricultural data statement, notification to surrounding property owners of pending action and SEQRA long form environmental assessment form and site plan drawing prepared by Plumley Engineering, P.C., revised as of May 25, 2005. The Onondaga County Planning Board, by resolution dated May 24, 2005, recommended two modifications to the submitted proposal prior to approval:

(1) applicant to provide a stormwater runoff study to the New York State Thruway Authority, and

(2) applicant to submit a lighting plan for approval.

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

2. A special use permit required pursuant to Code Section 200-33(C)(8) for the proposed use, which the Board finds is a hotel.

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 Winchell Road.

(e) The site is adequately served by public utilities;

(f) Drainage on the site will be accommodated by the utilization of storm water management areas;

(g) Regarding aesthetics, the proposed improvements will not adversely affect the area;

(h) Emissions from the site will be minimal.

4. The Special Use Permit is granted pursuant to Code Section 200–33(C) and all other applicable provisions of the Code, so as to allow for operation of a hotel subject to:

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

(b) A driveway permit is issued by the Town of Van Buren Highway Department or County of Onondaga Department of Transportation, as applicable.

Mrs. McBurney seconded the resolution; there was no further discussion.

Roll Call Vote:

Mr. Abold yes

Mr. Cleverley yes

Mr. Bowes yes

Ms. McBurney yes

Mr. Virginia, Chairman yes

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

Mr. Virginia proposed the following resolution #Z-05-15:

Blue Sky Development, LLC, applies for a variance from Section 200-34(B)(4) of the Zoning Ordinance for construction of a hotel measuring fifty-two feet, seven inches in height, the Town Code provides that a structure may not exceed forty feet in height. The property is located in an Industrial A district and is part of Tax Map #55-4-2.

Applicant submitted an application, agricultural data statement, notification of neighbors form, and a preliminary site plan map of the property prepared by Plumley Engineering revised as of May 25, 2005 with the approximate location of the proposed hotel.

Applicant testified at the hearing regarding the proposed construction of an 87-room hotel with four stories on Lot #3 of the Headrush subdivision. The Onondaga County Planning Agency determined that there would be no significant adverse intercommunity implications as a result of this proposed action.

There was no opposition at the public hearing held on June 20, 2005.

Based on the documents submitted by applicant and the testimony of applicant, the Board resolves as follows:

1. This matter is Type II under SEQR.

2. The proposed hotel is located approximately 300 feet from the edge of Winchell Road, in an industrial district. The Board determines the hotel height will not produce an undesirable change in the character of the neighborhood.

3. The benefit sought by applicant cannot be achieved by any feasible method, other than the area variance.

4. The variance is granted on the basis the benefit to applicant if the variance is granted outweighs any detriment to the health, safety and welfare of the neighborhood and community as a result of the granting of the variance.

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

Roll Call Vote:

Mr. Abold yes

Mr. Cleverley yes

Mr. Bowes yes

Ms. McBurney yes

Mr. Virginia, Chairman yes

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

PUBLIC HEARING – THOMAS J. EL-HAGE

232 Commane Rd. W., Variance from Section #200-16A(2)(a) and (c) front and rear yard setback. R-40 Zoning Distr., Tax Parcel ID #037.-01-43.0

The public hearing opened at 8:35 p.m. The secretary read the public notice aloud.

Mr. El-Hage of 232 Commane Rd. was present to address the Board.

Mr. El-Hage said he wanted to add a laundry room and sunroom to his existing home, thereby making the home livable year round as opposed to seasonal use.

Mr. Pringle said the property is elevated above the river and not in a flood zone.

Mr. El-Hage said that Commane Rd. is a private road.

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

Mrs. McBurney proposed the following resolution #Z-05-16:

Thomas J. El-Hage of 232 Commane Road West seeks an area variance from Section 200 16(A)(2)(a) and 200 16(A)(2)(C) of the Town of Van Buren Code related to the proposed location of additions to his camp. The property is located in an R-40 District and is identified as Tax Map parcel 037-1-43.

Mr. El-Hage spoke in favor of the application and described his plan to construct additions to the front and back of his existing camp. The front yard setback variance is required because the proposed addition is located closer than the 50 feet minimum required by the Code. The rear yard setback is required because the proposed addition is located closer than 50 feet to the rear property line. Mr. El-Hage 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 June 20, 2005 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 foundation 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 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 an addition, located forty-five feet from the front line of the property and an addition to the rear of the property located seven from the rear property line. 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. Abold yes

Mr. Cleverley yes

Mr. Bowes yes

Ms. McBurney yes

Mr. Virginia, Chairman yes

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

PUBLIC HEARING – DANIEL REHKUGLER

Connors Rd., Tax Parcel ID #031.-01-12.1/12.2

Special Use Permit #200-13(C)(12) to allow for Indoor Storage.

The public hearing opened at 8:44 p.m. The secretary read the public notice aloud.

Mr. Dan Rehkugler of N.Brickyard, representing Hammond, owners, was present to address the Board.

Mr. Rehkugler said he wanted to store his lawn equipment from his business, which is professional lawn maintenance on the proposed vacant lot and then to build a building for indoor storage.

Mr. Virginia said that the application did not provide enough information, i.e. the dimensions of the building and location, comments addressing Section 200-108 (Standards of Review).

Mr. Rehkugler said he did talk to Mr. Parks, Highway Superintendent, regarding driveway access.

Mr. Virginia said that the applicant couldn’t apply for outdoor storage, since it is not allowed, only indoor storage.

Mr. Pringle said he was willing to work with the applicant pertaining to the time the building had to be erected.

Mr. Virginia tabled the incomplete application to July 18, 2005 at 7:35 p.m.

PUBLIC HEARING – HEADRUSH, INC.

3417 Walters Rd., Tax Parcel ID #055-04-02.0

Special Use Permit #200-33(C)(16) Outdoor/Indoor Recreation to allow for Outdoor motocross and Indoor Skateboard. Ind-A Zoning Distr.

The public hearing opened at 9:01 p.m. The secretary read the public notice aloud.

Mr. Julian Clark of Plumley Engineering, representing Headrush, was present to address the Board.

Mr. Clark said that he did submit updated maps to the Board and that they contained additional notes, not included in the Planning Board submission.

Mr. Clark said that the applicant was working with Niagara Mohawk.

Mr. Clark said that he would have a noise study ready the first week in July.

Mr. Clark said the applicant was applying for special use permit to allow outdoor motocross and indoor skateboard.

Mr. Jacob Wright asked if he could apply for the indoor skateboard park separately since it was a use previously approved, but outdoors.

Mr. Virginia said the applicant was issued a special use for indoor/outdoor recreation including a skateboard park.

Mr. Virginia said that County Planning did review application for skateboard use with outdoor paintball and bmx area and the outdoor motocross.

Mr. Spencer said that the original site plan already had a proposed building.

The Board agreed to separate the special use request for an indoor skateboard park and outdoor motocross. The Board agreed that a new special use is not required since it was already approved for “indoor recreation” that included a skateboard park.

Mr. Virginia said that the applicant would need to return to the Planning Board for site plan for the indoor skateboard.

Mr. Virginia tabled the application for outdoor motocross to July 18, 2005, 7:40 p.m.

ADJOURNMENT

Mr. Virginia made a motion to adjourn the meeting to July 18, 2005, 7:30 pm, Mr. Abold seconded the motion; motion carried. The meeting adjourned at 9:30 p.m.

Respectfully submitted,

Donna Aulds

Zoning Secretary