July 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
Ted Spencer, Attorney
Mr. Virginia appointed Laura McBurney as acting chairperson in case of the chairman’s absence.
MINUTES
Motion Mr. Bowes made a motion to accept the minutes, as typed and distributed, Mr. Abold 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 7:32 p.m. There was no one present to address the Board.
Mr. Virginia tabled the application to August 15, 2005, 7:32.
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
The application was continued from the previous two months May and June meetings.
Dr. Levinsohn was present to address the Board.
Mr. Virginia said the Board has reviewed and discussed the application for interpretation from the previous meetings with input from the Town Supervisor and Town Attorney.
The Board had no problems with the proposed use and understood the dilemma present to both the Board and applicant, since the Town Supervisor was reluctant to proceed with any text amendments because of cost and that a new zoning code would be enacted in several months.
Mr. Virginia proposed the following resolution #Z-05-17:
Dr. Mark Levinsohn representing the Syracuse Obedience Training Club seeks an interpretation to the Zoning Code Section 200-35(B)(1) for office use to include a dog training facility. The current Town Code does not define a dog training facility, but the applicant has requested it to be included as an office use, since the facility would include an office, which is a currently allowed use. The property proposed is located at Pottery Rd., Tax Map ID #055-08-14.1, located in an Industrial-B zoning district.
The Board determines that an office use, which is allowed in the Industrial-B Zoning District, includes this proposal for an office with a dog training facility. An office is located on the premises where classes are organized and assigned different offices/rings/classrooms within the building and outdoors. The office also could contain paper records and supplies needed for the students, i.e. leashes and collars. The Board states that a veterinary hospital is a special permitted use, but that this does not fit a description of a veterinary hospital, and this proposal would not produce more noise, i.e. barking from dogs, from the site than a veterinary hospital, since this proposal is not for dogs staying overnight and any dogs present are all supervised by their handler/owner.
Therefore, based on the proposal and comments above, the Board interprets such request as an office use, which is allowed.
Roll Call Vote:
Mr. Abold yes
Mr. Bowes yes
Ms. McBurney yes
Mr. Cleverley yes
Mr. Virginia, Chairman yes
Vote: 5 yes, 0 no, motion carried, unanimously.
Applicant can go to Planning Board for Site Plan review.
CONTINUED PUBLIC HEARING – DANIEL REHKUGLER
Connors Rd., Tax Parcel ID #031.-01-12.2
Special Use Permit #200-13(C)(12) to allow for Indoor Storage.
The public hearing continued at 7:37 p.m. The secretary read the public notice aloud.
Mr. Dan Rehkugler of N.Brickyard, owner under contract, was present to address the Board.
Mr. Rehkugler said he wanted to begin construction in the spring.
Mr. Pringle said there is no drainage problem located where the building is proposed.
Mr. Rehkugler said he would store his commercial lawnmowers only and no maintenance or fuel storage is proposed.
Mr. Rehkugler said there are no utilities to the property.
Mr. Pringle informed the applicant that there is only one use allowed per property and that if he wanted to build a home he would have to get the necessary permits to change the use and that it would need approval.
Mr. Virginia asked if anyone wanted to speak regarding the application. No one spoke.
The public hearing was closed at 7:41 p.m.
Mrs. McBurney proposed the following resolution #Z-05-18:
Daniel A. Rehkugler of 7253 N. Brickyard Road, Baldwinsville, New York 13027, applies for a Special Use Permit pursuant to Town of Van Buren Code Section 200-13(C)(12) to allow for the construction of an enclosed storage facility at Connors Road.
The property is zoned AR-80 and is known as tax map no. 031-01-12.2. In an AR-80 District, an enclosed storage 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 short form environmental assessment form and site plan drawing prepared by Stephen Sehnert, dated December 10, 1984.
Notice of a public hearing on the special permit and application was duly published. Daniel A. Rehkugler appeared and spoke in favor of the application. There was no opposition to the proposed enclosed storage 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 the subject property, while located in a residential zone 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 200-13(C)(12) for the proposed use, which the Board finds is enclosed storage.
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 Connors Road.
(e) The site is adequately served by public utilities;
(f) Drainage on the site will not be significantly affected by the proposed use;
(g) Regarding aesthetics, there will be no significant change to the area as a result of the proposed structure; it will be consistent with existing structure;
(h) Emissions from the site will be minimal.
4. The Special Use Permit is granted pursuant to Code Section 200–13(C)(12) and all other applicable provisions of the Code, so as to allow for operation of an enclosed storage facility subject to:
(a) Final approval is granted by the Codes Officer;
(b) A driveway permit is issued by the Town of Van Buren Highway Department.
Mr. Abold seconded the resolution; there was no further discussion.
Roll Call Vote:
Mr. Abold yes
Mr. Bowes yes
Ms. McBurney yes
Mr. Cleverley yes
Mr. Virginia, Chairman yes
Vote: 5 yes, 0 no, motion carried, unanimously.
CONTINUED 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. Ind-A Zoning Distr.
The public hearing continued at 7:47 p.m.
No one was present to address the Board.
Mr. Pringle informed the Board that the applicant called and wished to be tabled since they were still in the process of completing the noise study.
Application tabled to August 15, 2005, 7:35 p.m.
PUBLIC HEARING – RICKY & LINDA RYAN
250 Button Shores Rd., Tax Parcel ID #039.-01-26.1
Amendment to Variance #Z-99-24 Section #200-14A(2)(a) front yard setback. AR-80 Zoning Distr.
The public hearing opened at 7:50 p.m. The secretary read the public notice aloud.
Mr. and Mrs. Ricky and Linda Ryan were present to address the Board.
Mr. Pringle informed the Board that the applicant was granted a variance for a 30’ front yard setback in 1999 to erect a new home. They are now only ready to build their home, but according to today’s code the house is proposed too close to the drop-off and needs to be brought closer to the road. The variance granted needs to be increased and the proposal is for a 15’ setback, for safety reasons.
Mrs. Ryan showed the Chairman neighbor signatures regarding their application for variance.
Mr. Virginia asked if anyone wanted to speak regarding the application. No one spoke.
The public hearing was closed at 7:55 p.m.
Mrs. McBurney proposed the following resolution #Z-05-19:
Ricky Ryan and Linda Ryan of 250 Button Shores Road seek an area variance amendment with respect to Section 200-14(A)(2)(a) of the Town of Van Buren Code related to the location of a house. The property is located in an AR-80 District and is identified as Tax Map parcel 039-01-26.1.
Mr. and Mrs. Ryan spoke in favor of the application and described the proposed house, the circumstances under which he was issued a 30-foot front yard setback in 1999 and the need to amend that variance to allow for a 15-foot front yard setback. Mr. Ryan explained in detail to the Board the physical limitations of his property based on topography and existing improvements.
There was no objection to the proposal at ZBA’s public hearing, which was held on July 18, 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 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 house 15 feet from the front property line. Any additional structures shall require additional review and approvals.
Mr. Bowes seconded the resolution; there was no further discussion.
Roll Call Vote:
Mr. Abold yes
Mr. Bowes yes
Ms. McBurney yes
Mr. Cleverley yes
Mr. Virginia, Chairman yes
Vote: 5 yes, 0 no, motion carried, unanimously.
PUBLIC HEARING – JAMIE VIRKLER
216 Seneca Avenue, Tax Map ID #029.-01-08.0
Variance from Section #200-22 front yard setback. R-10 Zoning Distr.
The public hearing opened at 7:57 p.m. The secretary read the public notice aloud.
There was no one present to address the Board.
Mr. Pringle said the Codes Office did not receive any messages from the applicant stating that they wouldn’t attend this evening.
Mr. Virginia tabled the application to August 15, 2005, at 7:37 p.m.
PUBLIC HEARING – CAROL A. SHAPIRO
118 Rufus Circle, Tax Map ID #062-02-18.0
Variance from Section #200-22(A)(2)(a) front yard setback and 200-22(A)(1)(d) max. coverage. R-10 Zoning Distr.
The public hearing opened at 8:00 p.m. The secretary read the public notice aloud.
Mrs. Carol Shapiro was present to address the Board.
Mrs. Shapiro stated she needed to replace her front porch and wanted to make it larger for safety reasons including more room to open the door properly maneuver in.
The home is set 31’ back from the front property line and the required setback is 30’. There is an existing porch extending 4’ from the house and a proposal for an additional 4’, which would require a total of 23’ setback in the front.
Mr. Pringle also informed the Board that the applicant needs a variance for maximum coverage. The lot is 70’ x 120’.
Mr. Virginia asked if anyone wanted to speak regarding the application. No one spoke.
The public hearing was closed at 8:04 p.m.
Mr. Virginia proposed the following resolution #Z-05-20:
Carol A. Shapiro of 118 Rufus Circle seeks an area variance from Sections 200-22(A)(2)(a) and 200-22(A)(1)(d) of the Town of Van Buren Code related to the location of a front porch. The property is located in an R-10 District and is identified as Tax Map parcel 062-02-18.0.
Ms. Shapiro spoke in favor of the application and described the proposed porch. The front yard setback variance is required because the porch is located 23 feet from the front property line and the Code requires 30 feet setback. The coverage area variance is required because the improvements will cover 2,189 square feet and the Code establishes 1,674 square feet (20%) as the maximum. Ms. Shapiro explained in detail to the Board the physical limitations of his property based on topography and existing improvements.
There was no objection to the proposal at ZBA’s public hearing, which was held on July 18, 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 house on the property.
Based on the foregoing, the Board resolves as follows:
1. This matter is Type II under SEQR as it involves area variances related to a single-family residential use.
2. It is determined the requested variances will not produce any undesirable change in the character of the neighborhood and will not be a detriment to nearby properties. The proposed variances will not have an adverse effect or impact on the physical environmental conditions in the neighborhood or district. Neighbors express no objection to the variances. There is no other apparent method to achieve the benefit applicant wishes to obtain other than variances and 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 for the location of a front porch 24 feet from the front property line. Additionally a variance is granted to allow for coverage of 2,189 square feet. Any additional structures shall require additional review and approvals.
Mrs. McBurney seconded the resolution; there was no further discussion.
Roll Call Vote:
Mr. Abold yes
Mr. Bowes yes
Ms. McBurney yes
Mr. Cleverley yes
Mr. Virginia, Chairman yes
Vote: 5 yes, 0 no, motion carried, unanimously.
SET PUBLIC HEARING – IRENE SHECKLER
7621 Maple Rd., Tax Parcel ID #030.-04-49.0
Special Use Permit #200-15(C)(9) Home Occupation. R-40 Zoning Distr.
Ms. Irene Sheckler of 7621 Maple Rd. was present to address the Board.
Ms. Sheckler submitted a photo of the proposed property.
Ms. Sheckler explained her proposal for home occupation.
Ms Sheckler said she was an interior decorator specializing in antique and vintage furniture.
Ms Sheckler said she approached the previous Codes Officer about running a home occupation, but due to a previous applicant “Case”, from eight or nine years ago, the Codes Officer told her not to pursue a home occupation based on the result of the previous applicant.
Ms. Sheckler said she put out a sign and got a complaint and is back this evening to pursue a home occupation.
Ms. Sheckler said she had been running her business for eight years and that most of the neighbors did not know she was running a business.
Ms Sheckler said her customers come one at a time to look at fabric for furniture or curtains or wall paper and that any refurbishing of furniture is done for the customer at their home.
Ms Sheckler said she consults her customers on decorating and that there is no retail sales.
Ms Sheckler said she averages six to ten customers a week.
Ms Sheckler said that her property has plenty of room and that no one needs to back out onto Maple Road.
Ms. Sheckler said she does not do retail sales and that her customers choose fabrics from her samples or a book.
Mr. Virginia asked the applicant to address Section 200-108 and supply the Board with more information and to be more exact when stating how many customers on her application.
Mr. Abold asked the applicant to state set hours of operation even though she may have appointments only.
Ms. Sheckler said that sometimes her customers come in the evening because they work.
Ms Sheckler said she only visits with one customer at a time given that she is the only one home consulting.
The application was forwarded to County Planning for comment and should be back before the next Board meeting.
Mr. Virginia set the public hearing for August 15, 2005, at 7:40 p.m.
APPEAL from Codes Officer Decision – DAVID WATTAM
6629 Bennetts Corners Rd., Tax Parcel ID #047.-02-15.0
Use Variance #200-25 and Appeal #200-57(C) Discontinuance. RH Zoning Distr.
Mr. Charles Farrell, Attorney representing the applicant, Wattam, and Mr. David Wattam was present to address the Board.
Mr. Farrell said that they were applying for an appeal first and then possibly a use variance if the appeal does not go well.
Mr. Farrell said the applicant bought the property from Mr. Mulvaney, who was using it as a self-storage business.
Mr. Pringle said that Mr. Mulvaney was under violation for using it as a self-storage business.
Mr. Farrell said the applicant would like to use it as self-storage as well and that he thought he could use it as a self-storage business when he purchased the property.
Mr. Farrell said the applicant stores some of his vehicles and makes an income renting space to customers for storage.
Mr. Pringle said he found out about the applicant because of complaints in the neighborhood.
Mr. Pringle said it is possible that the buildings may need to be brought up to code and fire safety could be an issue because of what is stored inside. Mr. Pringle said he has not been on the property.
Mr. Wattam said that he lives in the Town of Lysander and that his neighbors complained that he was storing too many R.V.’s therefore he looked for property for storage and purchased property in the Town of Van Buren. Mr. Wattam said he stores the R.V.’s outside because the vehicles do not fit indoors. Mr. Wattam said he stores vehicles inside the buildings for other people and that he does generate an income.
Mr. Pringle said that the property is Rural Hamlet commercial self-storage use is not allowed.
Mr. Wattam said he wasn’t told he couldn’t use the property as a self-storage.
Mr. Pringle said he in fact informed the applicant, when he came in inquiring about the property that no commercial self-storage was allowed.
Mr. Farrell had a copy of a portion of a map showing the property within a Local Business district.
Mr. Virginia asked Mr. Farrell to supply the complete map.
Mr. Farrell said the map is from 1972.
Mr. Virginia asked Mr. Farrell to supply the codes from 1956 to show the history of the property.
Mr. Virginia tabled the application for an appeal to August 15, 2005, at 7:45 p.m.
SET PUBLIC HEARING – ROBERT PUTZER
Peck Rd. Ext., Tax Parcel ID #058-01-44.0/18.0
Special Use Permit #200-15(C)(10) Enclosed storage. R-40 Zoning Distr.
There was no one present to address the Board.
Mr. Pringle said he did not receive any notification of the applicant’s absence.
The Board agreed that the application was confusing.
Mr. Virginia tabled application to 7:55 p.m. August 15, 2005 and that a public hearing would not be set for this evening since there is not enough information.
SET PUBLIC HEARING – KIMCO REALTY, LLC
2244 Downer St., Tax Map ID #033-05-02.1
Special Use Permit #200-27(C)(1) and (6) to allow restaurant with drive-thru. LB Zoning Distr.
Mr. Bob Abbott, Architect representing Kimco Realty, for Dunkin’ Donuts, was present to address the Board.
Mr. Abbott said they were proposing a 3400 square foot building at the Planning Board and are seeking a special use permit for restaurant and drive-thru.
Mr. Abbott said that they are proposing a dry-well system and that they sent a drainage report to the Town Engineer.
Mr. Abold asked the applicant if he was going to fill the back property.
Mr. Abbott said he wasn’t sure if he needed to.
Mr. Abbott said there was a gasoline station previously and that the site was cleaned and that he had documents showing that it was cleaned.
Mr. Abbott said there would be an unknown tenant occupying the building.
Mr. Abbott said 50% of Dunkin’ Donuts business is done at the drive-thru. Mr. Abbott said there is room for about a 13-car queue. Mr. Abbott said a traffic study is being done.
Mr. Abold asked if restaurants were allowed in the proposed area.
Mr. Pringle said yes restaurants are allowed by special permit.
Mr. Spencer asked the Board to address Section 200-108.
Mr. Virginia informed the applicant was requested to submit for a signage. The applicant would have to return again to the Board for any variances, if the signage did not meet code.
Mr. Virginia set the public hearing for August 15, 2005, at 8:00 p.m.
ADJOURNMENT
Mr. Virginia made a motion to adjourn the meeting to August 15, 2005, 7:30 pm, Mr. Abold seconded the motion; motion carried. The meeting adjourned at 8:50 p.m.
Respectfully submitted,
Donna Aulds
Zoning Secretary
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