Van Buren, NY - August 15, 2005

August 15, 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 absent

Ronald Abold present

John Virginia, Chairman present

Also Present: Donna Aulds, Secretary

David Pringle, Codes Officer

Ken Ackerman, Attorney

MINUTES

Motion Mr. Abold made a motion to accept the minutes, as typed and distributed, Mrs. McBurney 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. Mr. Kevin Bostrom, Manager and representing Meyer’s Campers, was present to address the Board.

Mr. Virginia asked the applicant what “Exhibit A” was per the Niagara Mohawk letter regarding site plan.

Mr. Bostrom showed the Board a copy of the map, Exhibit A, to the Board that Niagara Mohawk received.

Mr. Virginia said spaces #195-200 and #223-226 are shown to be removed from the map, as parking spots, due to the proximity of the utility pole.

Mr. Virginia said he would mark his copy of the site plan and would give it to the secretary to include with the file.

Mr. Virginia asked if anyone wanted to speak regarding the application.

Mr. Michael Kempisty of 1187 State Fair Blvd., spoke and asked the Board why they did not address Section #200-108 with the applicant. Mr. Kempisty said he had to address Section 200-108 for his application.

Mr. Virginia said the Board is concerned only whether the use is allowed or not and that the Board has looked at Section 200-108 and the Board did not have any questions regarding the application with regard to Section 200-108.

Mr. Virginia said the Planning Board would be reviewing the application for site plan on landscape and any drainage concerns, if any, and how the applicant washes and waxes the vehicles.

Mr. Kempisty said the Board is being remiss and open to lawsuit.

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

Mrs. McBurney proposed the following resolution #Z-05-21:

Kevin Bostrom on behalf of Meyers Campers, 7030 Interstate Island Road, Syracuse, NY 13209, applies for a Special Use Permit pursuant to Town of Van Buren Code Section 200-33(C)(10) to allow for outdoor storage and 200-33(C)(2) motor vehicle service and repair at property located at 7088 Interstate Island Road.

The property is zoned IND-A and is known as tax map no. 056-03-04. In an IND-A Zoning District, outdoor storage and motor vehicle service and repair are uses allowed upon the grant of a special permit by the ZBA.

Applicant has submitted, and the ZBA has reviewed, an application, agricultural data statement, aerial photograph and site map. The Onondaga County Planning board determined there would be no significant adverse inter community or countywide implications as a result of this application.

Notice of a public hearing on the special permit and application was duly published. Kevin Bostrom appeared and spoke in favor of the application. There was opposition to the proposed outdoor storage facility and motor vehicle service and repair 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, located in an industrial 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, there will be minimal noise associated with the proposal and it is of short duration.

2. A special use permit required pursuant to Code Section 200-33(C)(10) and 200-33 (C)(2) motor vehicle service and repair for the proposed use, which the Board finds is outdoor storage and washing and waxing of Recreational Vehicles.

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 public roads.

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

(f) Drainage on the site will not be affected by the proposed use;

(g) Regarding aesthetics, there will be no significant change to the area as a result of the proposed use;

(h) Emissions from the site will be minimal.

4. The Special Use Permit is granted pursuant to Code Section 200–33(C)(10) and 200-33(C)(2) and all other applicable provisions of the Code, so as to allow for operation of an outdoor storage and washing and waxing for recreational vehicles sold by Meyer’s Campers as depicted on applicant’s site map attached to its 5-27-05 letter to Julie Franklin at Niagara Mohawk which is incorporated herein subject to:

(a) Site plan approval by the Town of Van Buren Planning Board;

(b) No retail sales shall be allowed on the premises;

(d) Town Engineer confirmation that the utilization of the site will not adversely impact existing storm water drainage situation.

(e) Conformance to Exhibit “A”, which is referred to in the letter of Niagara Mohawk, dated August 8, 2005.

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

Roll Call Vote:

Mr. Abold yes

Mr. Bowes absent

Ms. McBurney yes

Mr. Cleverley yes

Mr. Virginia, Chairman yes

Vote: 4 yes, 0 no, 1 absent motion carried.

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 September 19, 2005, 7:32 p.m.

CONTINUED 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 continued at 7:51 p.m.

Mr. Ralph Planty, representing Jamie Virkler, was present to address the Board.

Mr. Planty said the proposed garage is 24’ x 28’ and proposed to be located in the front yard.

Mr. Virginia said the proposed code change would address and change the “front yard” definition for riverfront property so that the “front yard” would be the river and not the road, but now the applicant needs a variance to locate the detached garage.

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

Mr. Virginia closed the public hearing at 7:53 p.m.

Mr. Virginia proposed the following resolution #Z-05-22:

Jamie Virkler of 39 Echodale Avenue seeks an area variance from Sections 200-22 of the Town of Van Buren Code related to the location of a garage. The property is located at 216 Seneca Avenue in an R-10 District and is identified as Tax Map parcel 029-01-08.

Ralph Planty spoke in favor of the application and described the garage, which is 24 feet by 28 feet. The proposed garage is located in front of the house approximately 25 feet from the road’s right of way line and 12 feet from the side yard line. The front yard setback variance is required because the garage is located in front the house by approximately 60 feet. Mr. Planty 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 August 15, 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 garage measuring 24 feet wide and 28 feet in length in front of the existing structure by 60 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 absent

Ms. McBurney yes

Mr. Cleverley yes

Mr. Virginia, Chairman yes

Vote: 4 yes, 0 no, 1 absent motion carried.

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.

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

Ms. Irene Sheckler of 7621 Maple Rd. was present to address the Board.

Mr. Virginia said that the Board did hear from the County Planning Board regarding the application stating there was no significant adverse inter-community or county-wide implications. Mr. Virginia stated that County Planning made comments regarding the use not expanding to a commercial use.

Mr. Virginia said that the applicant could not use property as commercial and that it would be a condition to the applicant’s special use permit, if granted.

Mr. Virginia asked Ms. Sheckler how many clients would be seen a day.

Ms. Sheckler said she could see two to six clients per day between the hours of 9:00 a.m. and 8:00 p.m., seven days a week.

Mr. Abold said he wanted to limit the applicant regarding hours of operation for Sunday.

Mr. Virginia said the applicant would be allowed hours from 1:00 p.m. to 6:00 p.m. for Sundays.

Mr. Virginia asked the applicant to describe her proposal for home occupation.

Ms. Sheckler said that she helps clients choose furniture, fabrics and wallpaper. Ms. Sheckler said she sends out to have drapes made. Ms. Sheckler said she hires a third party to do furniture refurbishing at the client’s home.

Mr. Pringle said if clients come in to buy things at the applicant’s home, then the use is not within the home occupation definition.

Ms. Sheckler said the client only chooses what he/she wants to order based upon her recommendations and that she places the orders for her client for delivery directly to the clients home.

Ms. Sheckler said she sometimes has furniture stored in her barn for clients to choose from or for use at an antique sale.

Mr. Virginia said storage of furniture is not allowed under a home occupation.

Mr. Pringle said he received a complaint at the number of people on the applicant’s property.

Ms. Sheckler said she has not had a “garage sale” this year, but in previous years.

Mrs. McBurney said the code allows only 25% of building total or 500 square feet for a home occupation.

Ms. Sheckler said her buildings are 200 years old and if she is to keep the property up she needs a use for the building, such as a home occupation.

Ms. Sheckler said she is at end of Maple Road with no one across from her.

Mr. Virginia said if the applicant wants to store furniture, other than her own, she would need a special use permit for enclosed storage.

Mr. Virginia said there could be no retail sales on the applicant’s proposed property.

Ms. Sheckler said her carriage house is her studio for home occupation and nothing is done in her primary residence.

Ms. Sheckler said she uses her barn for storage.

Mr. Ackerman said the property is zoned for residential use.

Ms. Sheckler said her proposal is identical to Debra Case, who over nine years ago was allowed the use that is being proposed.

Mr. Cleverley said it didn’t matter if the use is done in a barn or the home that it was residential use under the home occupation.

Mr. Virginia asked the applicant if the Board members could visit the property to determine if the proposal fits the home occupation definition.

Ms Sheckler said that she could arrange for them to visit.

Mr. Virginia asked if the applicant could apply for home occupation in the carriage house and enclosed storage permit for the barn.

Mr. Virginia said he wanted to continue the application to next month, September, so the Board could better determine if the proposal fits home occupation.

Mr. Virginia asked if anyone wanted to speak regarding the application.

Mr. Kempisty said he thought the Board was being unfair with the application and that the applicant wasn’t bothering anyone and only was proposing a use fitting her property.

Application is tabled to September 19, 2005, at 7:35 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.

No one was present to address the Board.

Mr. Pringle informed the Board that the applicant’s Attorney requested an adjournment to September.

Mr. Virginia tabled the application for an appeal to September 19, 2005, at 7:40 p.m.

PUBLIC HEARING – CHARLES JOHNSON

140 Baker Blvd., Tax Map ID #062.-05-01.0

Variance from Section #200-22(A)(2)(a) front yard setback. R-10 Zoning Distr.

The public hearing opened at 8:26 p.m. The secretary read the public notice aloud.

Mr. Charles Johnson of 140 Baker Blvd. was present to address the Board.

Mr. Johnson said he wanted to erect a 10’ x 12’ deck with 45° angles cut off at both corners at the end, so that it looks like map submitted with application, and that it encroached on the front yard setback.

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

Mr. Virginia closed the public hearing at 8:32 p.m.

Mrs. McBurney proposed the following resolution #Z-05-23:

Charles Johnson of 140 Baker Boulevard seeks an area variance from Sections 200-22(A)(2)(a) of the Town of Van Buren Code related to the location of a deck. The property is located in an R-10 District and is identified as Tax Map parcel 062-05-01.0.

Mr. Johnson spoke in favor of the application and described the proposed deck. The front yard setback variance is required because the deck is located 22.42 feet from the front property line and the Code requires 30 feet setback. Mr. Johnson 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 August 15, 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 area variances 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 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 variance. 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 structure 22.42 feet from the front property line. Any additional structures shall require additional review and approvals.

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

Roll Call Vote:

Mr. Abold yes

Mr. Bowes absent

Ms. McBurney yes

Mr. Cleverley yes

Mr. Virginia, Chairman yes

Vote: 4 yes, 0 no, 1 absent motion carried.

PUBLIC HEARING – JOHN E. RESSEGUIE

7473 W. Dead Creek Rd., Tax Map ID #043.-02-10.0/11.0

Variance from Section #200-14(A)(3)(a) front yard setback. AR-80 Zoning Distr.

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

Mr. John E. Resseguie of 7473 W. Dead Creek Rd., was present to address the Board.

Mr. Resseguie said he wanted to erect a 24’ x 48’ barn 80’ in front of home and 150’ away from the home. Mr. Resseguie said that he has put in a request with the Assessor to combine the properties shown on the submitted map.

Mr. Resseguie showed the Board photos of the property.

Mr. Pringle said there is no line-of-sight issue.

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

Mr. Resseguie proposed the following resolution #Z-05-24:

John E. Resseguie of 7473 West Dead Creek Road seeks an area variance with respect to Section 200-14(A)(3)(a) of the Town of Van Buren Code related to the location of a post frame building. The property is located in an AR-80 District and is identified as Tax Map parcel 043-02-10.0 and 11.0.

Mr. Resseguie spoke in favor of the application and described the proposed building and, the circumstances under which he plans to construct it. Mr. Resseguie 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 August 15, 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 post frame building approximately 80 feet from the front of the existing house. Any additional structures shall require additional review and approvals.

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

Roll Call Vote:

Mr. Abold yes

Mr. Bowes absent

Ms. McBurney yes

Mr. Cleverley yes

Mr. Virginia, Chairman yes

Vote: 4 yes, 0 no, 1 absent motion carried.

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.

The public hearing opened at 8:45 p.m. The secretary read the public notice aloud.

Mr. Bob Abbott, Architect representing Kimco Realty, for “Dunkin’ Donuts”, was present to address the Board.

Mr. Abbott said he was looking for a special use permit to allow for a restaurant with drive-thru.

Mr. Abbott said he received a copy of County Planning comments.

Mr. Virginia said they would have the Planning Board address the issues County commented on, since they are site plan related. Mr. Virginia said he believed the sidewalk comment was inappropriate since there are no existing sidewalks presently.

Mr. Virginia asked who the second tenant would be.

Mr. Abbott said there is no second tenant at this time.

Mr. Ackerman asked the Board what the comment regarding one driveway from the County Planning meant.

Mr. Abbott said he knew exactly what the comment meant. That they had proposed a facility on Taft Road with two driveways and the County disagreed, but they convinced the Town Planning Board that two driveways were safer and more appropriate for the facility. The Town Planning Board then overrode the comment by County, but that County continues to make that comment regarding one driveway.

Mr. Abold said he wanted the Planning Board to push County DOT (Department of Transportation) to put in a traffic light on Downer St.

Mr. Virginia asked if anyone wanted to speak.

Mr. Kempisty said he observed a truck on the proposed property for sale and that was a violation and that the Board could not entertain the application due to an existing violation on the property.

Mr. Virginia asked Mr. Pringle if there was a violation on the property.

Mr. Pringle said no violation exist on the property.

Mr. Virginia closed the public hearing at 8:54 p.m.

Mrs. McBurney proposed the following resolution #Z-05-25:

Kimco Realty LLC of Falmouth, Maine applies for a Special Permit, pursuant to Town of Van Buren Code 200-27(C)(1) and 200-108(B)(3) for establishing an approximate 3,380 square foot Dunkin Donuts Restaurant with drive-thru service. The property which is located at 2244 Downer Street is zoned Local Business and is commonly known as Tax Map No. 033-05-02.1. The property is located at the corner of Downer Street and North West Sorrell Hill Road.

Applicant submitted an application to the Zoning Board of Appeals, dated July 12, 2005, an Agricultural Data Statement, a full environmental assessment form dated June 21, 2005, and proposed site plan by Robert C. Abbott, Jr., Architect, dated June 21, 2005.

By Resolution of June 30, 2005, the Town Planning Board recommended approval of the Special Permit.

Notice of a Public Hearing on the Special Permit Application was duly published. Mr. Robert C. Abbott, Jr., spoke in favor of the Application. There was no opposition to the Application at the Public Hearing.

Based upon the above-referenced documents and proof taken at the Public Hearing, the Board resolves as follows:

1. This matter is subject to the State Environmental Quality Review Act (“SEQR”). This matter is unlisted. The Board appoints itself lead agency for the uncoordinated review of this matter. The Board 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 Local Business zone. The well-established character of the area will not change by reason of the development. The property is not located in a critical environmental area and the proposed project poses no significant impact upon water, air, agriculture resources or community character and growth. The Town Engineer has reviewed comprehensive drainage calculations and found them to be acceptable. From the perspective of visual impact, the proposed development will not significantly alter the visual context of the area.

2. A Special Permit is required pursuant to Code Section 200-27(C)(1) and 200-108(B)(3).

3. Pursuant to Section 200-108 of the Code, the Board finds that the proposed Special Permit use satisfies the Town standards of review as follows:

a. As the proposed use is allowed by Special Permit, it is in compliance with the applicable intent and regulations of the Ordinance;

b. The proposed use is located on a site and in an area of the Town consistent with the long-term development objectives of that area. The site is serviced by all necessary utilities and is compatible in size and character to existing land uses in the immediate area, which include, among other uses, an existing McDonald’s restaurant.

c. Necessary public facilities are already available to the site. The scale and

design of the use is in compliance with Town coverage 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. The County of Onondaga Department of Transportation has reviewed the proposed development with respect to traffic and has issued its approval for the establishment of curb cuts.

e. The site is adequately served by public utilities.

f. Drainage on the site will be addressed by the construction of a detention basin, which has been reviewed and approved by the Town Engineer. This fact causes this Board to find that the use is designed and operated in a manner that minimizes disturbance of natural and cultural resources. The use is consistent with the soil capabilities of the site to accommodate the use and water runoff is controlled consistent with the town recommendations, as confirmed by its engineer.

g. Regarding aesthetics, the building will be constructed with materials consistent with the existing businesses. The proposed development is consistent with other Local Business development in the Town and will have minimal adverse visual effects on the area.

h. Emissions from the site will be minimal and directed away from surrounding properties.

i. As this Special Permit relates to drive-thru service, the Board is required to find compliance with standards set forth in 200-108(B). Based upon the testimony of Applicant, the Board finds compliance with such factors.

4. The Special Permit is granted pursuant to Code Section 200-33(C)(2), subject to the conditions below, so as to allow for construction of an approximate 3,380 square foot Dunkin Donuts restaurant with drive-thru service.

5. Conditions to the grant of the Special Permit are as follows:

(1) Final site plan approval is granted by the Planning Board.

(2) County Planning Board comments will be incorporated in the Town Planning Board’s Site Plan review.

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

Roll Call Vote:

Mr. Abold yes

Mr. Bowes absent

Ms. McBurney yes

Mr. Cleverley yes

Mr. Virginia, Chairman yes

Vote: 4 yes, 0 no, 1 absent motion carried.

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.

Mr. Abold recused himself.

Mr. Robert Putzer was present to address the Board.

Mr. Putzer said he wanted to add to his existing enclosed storage building and erect a new storage building.

Mr. Virginia said that he could not understand where the applicant wanted to locate his buildings or where there was access tothe property.

Mr. Putzer looked at the map Mr. Virginia had and said that he agreed that the maps were confusing and that he would submit better maps next month.

Mr. Virginia said he would set the public hearing for September 19, 2005, at 7:45 p.m.

ADJOURNMENT

Mr. Virginia made a motion to adjourn the meeting to September 19, 2005, 7:30 pm, Mr. Abold seconded the motion; motion carried. The meeting adjourned at 9:05 p.m.

Respectfully submitted,

Donna Aulds

Zoning Secretary