October 17, 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
James Bowes present
Ronald Abold present
John Virginia, Chairman absent
Laura McBurney, Acting Chair present
Also Present: Donna Aulds, Secretary
David Pringle, Codes Officer
Ted Spencer, 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 – AMY MCCULLAR
705 Fairway Circle, Tax Parcel ID #031.5-02-13.0
Variance from Section #200-44 fence height. PUD Zoning Distr.
The public hearing continued at 7:33 p.m.
Mr. Jeff McCullar was present to address the Board. Mr. McCullar informed the Board of his intention to erect a six-foot high stockade fence encircling his rear yard. Mr. McCullar said he would stay out of the rear drainage easement.
Mrs. McBurney asked if anyone wanted to speak to this matter. No one spoke.
Mr. Abold proposed the following resolution Z-05-34:
Amy McCullar and Jeffrey McCullar of 705 Fairway Circle (tax map #031.5-02-13.0), applies for a variance from Section 200-44 of the Zoning Ordinance for a six feet high stockade fence in her front yard. Section 200-62(B) provides that a fence may not exceed three and one-half feet in height. The property is located in a PUD District.
Applicant submitted an application, agricultural data statement, and a sketch map of the property with the approximate location of the fence drawn in by applicant.
Applicant conveyed to the Code Enforcement Officer her plan regarding the installation of the fence and the desire to improve privacy, enhance the landscaping of the property and the desire to improve the visual appearance of the lot. There was no opposition at the public hearing held on October 17, 2005.
Based on the documents submitted by applicant, the Board resolves as follows:
1. This matter is Type II under SEQR.
2. The fence is located in the back yard to enclose the pool area. The Board determines the fence will not produce an undesirable change in the character of the neighborhood and does not adversely impact sight distance for vehicular traffic.
3. Certain benefits sought by applicant, such as privacy screening, 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.
Mrs. McBurney seconded the resolution; there was no further discussion.
Roll Call Vote:
Mr. Cleverley yes
Mr. Bowes yes
Mr. Abold yes
Mr. Virginia, Chairman absent
Mrs. McBurney, Acting Chair yes
Vote: 4 yes, 1 absent, 0 no; motion carried.
The public hearing was closed at 7:39 p.m.
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.
No one was present to address the Board.
Application is tabled per applicant to the November 21st meeting at 7:33 p.m.
CONTINUED 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 continued at 7:41 p.m. Mrs. Irene Sheckler of 7621 Maple Rd. was present to address the Board.
Mrs. McBurney informed the Board that she and the Chairman, Mr. Virginia, visited the site to better understand the proposal for home occupation. Mrs. McBurney stated that the applicant stores some furniture pieces for show and delivery to the applicant’s clients and that it is less than 500 square feet of space in the barn and carriage house. Mrs. McBurney said the applicant did not have any items with tags or any indication that she was operating a retail store.
Mr. Spencer informed the Board that he suggested some limits on the home occupation to prevent any encouragement of retail.
Mrs. McBurney and the Board suggested a limit of no more than two customer vehicles parked on the property at one time, so exterior storage or display, any sales would be incidental to the home occupation proposal, signage per Town Code and hours of operation between 9:00 a.m. and 8:00 p.m.
Mrs. Sheckler agreed.
Mrs. McBurney asked if anyone wanted to speak regarding the application. No one spoke.
The public hearing was closed at 7:43 p.m.
Mrs. McBurney proposed the following resolution #Z-05-35:
Irene Sheckler, of 7621 Maple Road, Baldwinsville, New York 13027, 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 interior decorator services.
The property is zoned R-40 and is known as tax map no. 030-04-49.0. In a 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, survey and SEQRA short form environmental assessment form.
Notice of a public hearing on the special permit and application was duly published. Irene Sheckler, Mr. Ali, Attorney, and Ms. Debra Case 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 200-15(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 subject to compliance with Section 200-108B4 and other applicable requirements of the Town Code subject to the following limitations a violation of which would automatically terminate this permit:
(1) no more than two customer vehicles may be parked on the property at any time.
(2) there shall be no exterior storage or display of merchandise on the property.
(3) sales at the premises will be limited to incidental sales so as not to impact the character of the neighborhood or create traffic and safety problems.
(4) signage will comply with the Town Zoning Code.
(5) hours of operation limited by appointment only between 9:00 a.m. and 8:00 p.m.
Mr. Abold seconded the resolution; there was no further discussion.
Roll Call Vote:
Mr. Cleverley yes
Mr. Bowes yes
Mr. Abold yes
Mr. Virginia, Chairman absent
Mrs. McBurney, Acting Chair yes
Vote: 4 yes, 1 absent, 0 no; motion carried.
CONTINUED 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 from discussion.
The public hearing continued at 7:50 p.m.
Mr. Robert Putzer was present to address the Board.
Mr. Putzer described to the Board his proposal to erect a 40’ x 200’ pole barn for indoor storage. The property will be combined with adjoining property along Jones Rd and that he would be accessing the property by an easement from the applicant’s property.
Mrs. McBurney read the comments from the County Planning Agency asking for a SPEDES permit application since more than an acre of land is being disturbed and drainage and grading plan.
Mr. Pringle said that the applicant is not disturbing more than an acre and that there is no conversion and the applicant is requesting a building for enclosed storage only.
Mr. Spencer informed the Board that in order to override County comments the Board needs to do it with a majority plus one vote.
Mrs. McBurney said that Mr. Virginia is absent and Mr. Abold recused himself, therefore, there are not enough members to vote to override County comments.
Mr. Putzer said he would like to table his application to next month.
Mrs. McBurney asked Mr. Putzer to show a more detailed map with a driveway and the easement.
Application was tabled to November 21, 2005 at 7:35 p.m.
Mr. Abold returned to participate in Board discussion.
PUBLIC HEARING – CASEWORX CUSTOM CABINETRY
7639 Kingdom Rd., Tax Map ID #043.-01-14.2
Amend Special Use Permit Section #200-13C(13) to extend woodworking business area to entire building. AR-80 Zoning district.
The public hearing opened at 8:00 p.m.
Mrs. McBurney made a motion to waive the reading of the public hearing, Mr. Bowes seconded, motion carried.
Mr. Richard Eberhard of Caseworx Custom Cabinetry was present to address the Board and asked for an amendment to his existing special use permit #Z-02-31.
Mr. Spencer informed the Board that the applicant was requesting an amendment to his special use that states he was allowed only use of ½ the existing barn for his business. The applicant is now requesting full use of the barn to allow more room for his cabinet making machines and tools.
Mr. Eberhard said there was no increase in employees and that only more space was needed and no retail or increase in traffic. Mr. Eberhard said that no customers come to the building and that he installs cabinets and stairs he makes at the customer’s home. Mr. Eberhard said there can be up to seven vehicles parked at the barn for his business.
Mr. Pringle said that he inspects the building for annual fire inspections and there were no violations.
Mrs. McBurney asked if anyone wanted to speak regarding the application.
Mr. David Connelly of 7479 Kingdom Rd. spoke and said that he has no complaints regarding the existing operation near his home and that he only wanted to be sure that the character of the neighborhood was not being changed through a zone change to commercial or industrial from agriculture/residential.
Mr. Spencer informed Mr. Connelly that the applicant was not requesting a zone change only an amendment to an existing special use permit, which is allowed under the current zoning regulations.
Mr. Pringle said that the applicant couldn’t add to or erect new buildings for the proposed use.
Mrs. McBurney closed the public hearing at 8:10 p.m.
Mrs. McBurney proposed the following resolution #Z-05-36:
Caseworx Custom Cabinetry, on property located at 7639 Kingdom Rd., Tax Parcel ID #043.-01-14.2, applies for amendment to Special Use Permit #Z-02-31, the Town of Van Buren Zoning Board of Appeals declares itself as lead agency a single agency, uncoordinated review, for the unlisted action (under SEQR) and no significant adverse environmental impact as a result of this action, for the request to amend existing special use Z-02-31 #4 (c) two vehicles to seven vehicles and #4 (d) half the barn to the whole barn.
Mr. Cleverley seconded the resolution; there was no further discussion.
Roll Call Vote:
Mr. Cleverley yes
Mr. Bowes yes
Mr. Abold yes
Mr. Virginia, Chairman absent
Mrs. McBurney, Acting Chair yes
Vote: 4 yes, 1 absent, 0 no; motion carried.
PUBLIC HEARING – NVR, INC. dba RYAN HOMES
25 Cross Country Dr., Tax Map ID #33.1-05-18.0
Variance from Section #200-44 side yard setback. PUD Zoning Distr.
The public hearing opened at 8:15 p.m. Mrs. McBurney made a motion to waive the reading of the public hearing, Mr. Abold seconded the motion, motion carried.
Mr. Gregory Case, Production Manager with Ryan Homes, was present to address the Board.
Mr. Case informed the Board that he had the building foundation surveyed to submit to the Codes office and the surveyor found that the structure was located .66’ within the setback. Mr. Case said that the proposal was for a new single family home.
Mrs. McBurney asked if anyone wanted to speak to the matter. No one spoke.
Mrs. McBurney closed the public hearing at 8:20 p.m.
Mr. Abold proposed the following resolution #Z-05-37:
NVR, Inc., doing business as Ryan Homes seeks an area variance from Sections 200-41 of the Town of Van Buren Code related to the side yard setback requirements for a newly constructed structure. The property is located in a PUD District and is identified as Tax Map parcel 033.1-05-18. Applicant has a new house located on the parcel. The Zoning Code requires a minimum of 10 feet for each side yard setback in the PUD District. NVR’s structure provides for a 9.44 feet setback on the north side of his house.
Mr. Gregory Case, Production Manager, spoke in favor of the application. He described the plan and the circumstances under which the house was constructed.
In support of the application, applicant submitted an Application for Variance, Agricultural Data Statement, Notice to Surrounding Property Owners and a survey map prepared by D.W. Hannig, dated September 15, 2005 showing the location of the house.
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 house will be located 9.44 feet from the north side property line. Due to the lot’s topography and other physical limitations, there was no feasible method to pursue other than the area variance so that the improvements are located consistent with the site. 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
variance.
3. A variance is granted to allow for the location of a house with a north side yard setback of 9.44 feet.
Mrs. McBurney seconded the resolution; there was no further discussion.
Roll Call Vote:
Mr. Cleverley yes
Mr. Bowes yes
Mr. Abold yes
Mr. Virginia, Chairman absent
Mrs. McBurney, Acting Chair yes
Vote: 4 yes, 1 absent, 0 no; motion carried.
OTHER BUSINESS
The Board discussed the regulations for use variances and how they would apply with the applicant that is before the Board.
The Board discussed options for text amendments to include enclosed storage in Rural Hamlet and if it was viable.
ADJOURNMENT
Mrs. McBurney made a motion to adjourn the meeting to November 21, 2005, Mr. Abold seconded the motion; motion carried. The meeting adjourned at 8:44 p.m.
Respectfully submitted,
Donna Aulds
Zoning Secretary
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