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         present Laura McBurney, Acting Chair    present Also Present:   Donna Aulds, Secretary                         David Pringle, Codes Officer                         Ted Spencer, Attorney MINUTES Motion  Mrs. McBurney asked that the minutes on page 3, third paragraph, be changed from “so” to “no” exterior storage, and page 7, under Ryan Homes, changed to .56’ not .66’.  Mr. Virginia made a motion to accept the amended minutes, Mr. Abold seconded the motion, there was no further discussion; motion carried unanimously. 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 7:33 p.m.   Mr. Robert Putzer was present to address the Board. Mr. Putzer proposed a 40’ x 200’ pole barn for indoor storage.  The proposed property will be combined and accessed with adjoining property along Jones Road (058.-01-26.2) by way of an easement.  Mr. Putzer said the property can still be accessed by Peck Rd. Ext., but that an accumulation of brush has built up and it would be more convenient to access the property from the applicant’s property along Jones Rd. (058.-01-26.2). Mr. Putzer said he would be the only one accessing the property for enclosed storage and that he would be storing possibly campers or boats from a large company and that the public would not be able to access the property. Mr. Virginia said he would be more comfortable if the applicant presented a site plan before the Planning Board.  Mr. Virginia said that County Planning had comments regarding site work and traffic. Mr. Pringle said that no traffic would be generated with the applicant’s proposal. The public hearing closed at 7:40 p.m. Mrs. McBurney proposed the following resolution #Z-05-38: Mr. Robert Putzer of 7782 Barbara Lane, Baldwinsville, NY 13027, applies for a Special Use Permit pursuant to Town of Van Buren Code Section 200-15(C)(10) to allow for enclosed storage at property on Peck Road Extension. The property is zoned R-40 and is known as Tax map 058.-01-44.0 and 18.0.  In a R-40 zoning district, enclosed storage is a use allowed upon the grant of a special permit by the Zoning Board of Appeals. Applicant has submitted and the ZBA has reviewed an application, agricultural data statement and notification to surrounding property owners of pending action. Notice of a public hearing on the special permit and application was duly published.  Robert Putzer appeared and spoke in favor of the application.  There was no opposition to the proposed enclosed storage use 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.      The matter is subject to the State Environmental Quality Review Act (SEQR).  The matter is unlisted.  The Board appoints itself as 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.  The Onondaga County Planning Board reviewed the application and recommended applicant submit drainage and grading plan and traffic study for approval by the NYS Department of Transportation by resolution dated September 29, 2005. 2.      A special use permit required pursuant to Code Section 200-15(C)(10) 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 Jones Road through parcel ID #058.-01-26.2 e.      The site is adequately served by 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 structure; h.      Emissions from the site will be minimal. 4.      The Special Use Permit is granted pursuant to Code Section 200-15(C)(10) and all other applicable provisions of the Code, so as to allow for operation of a self storage facility, subject to: a.      No retail sales, indoor or outdoor displays are authorized; b.      Applicant obtaining site plan approval from the Town Planning Board prior to commencing site work. c.      Access to proposed property shall be from Jones Rd., any other means of access will require resubmission to the Zoning Board of Appeals. Dated:  November 21, 2005 Mr. Cleverley seconded the resolution, there was no further discussion. Roll Call Vote: Mr. Cleverley                           yes Mr. Bowes                               yes Mr. Abold                               abstained Mr. Virginia, Chairman          yes Mrs. McBurney, Acting Chair     yes Vote: 4 yes, 0 no, 1 abstained; motion carried. Mr. Abold returned to participate in Board discussion. CONTINUED PUBLIC HEARING – JEFFREY HANLON 6573 Herman Rd., Tax Parcel ID #054.-03-14.0 Special Use Permit Section #200-67 fill permit.  Ind-B Zoning distr. There was no one present to address the Board. Mr. Pringle informed the Board that the applicant is still working with Department of Environmental Conservation to delineate wetlands. Application was tabled to December 19, 2005, meeting a 7:33 p.m. PUBLIC HEARING  – DAVID WATTAM 6629 Bennetts Corners Rd., Tax Parcel ID #047.-02-15.0 Use Variance #200-25 to allow self-storage units. RH Zoning Distr. The public hearing opened at 7:47 p.m.  Mr. Virginia asked that the reading of the public notice be waived, seconded by Mr. Abold, motion carried, unanimously. Mr. Charles Farrell, Attorney, representing Mr. Wattam, and Mr. Wattam were present to address the Board.. Mr. Farrell said he wanted to address the County comment stating that the project was out of character.  Mr. Farrell said that the barns were there for 40-80 years and that there are barns on neighboring properties with other homes and vacant parcel and business up the road. Mr. Virginia said he didn’t believe that a use variance was appropriate for this proposal because it was self-created. Mr. Virginia suggested the applicant apply for a text amendment so that the Rural Hamlet requirements include enclosed storage as a specially permitted use. Mr. Abold said the property to the south is unusable with a bridge and landlocked property. Motion          Mr. Virginia proposed a motion to forward suggestion of a text amendment to the Town Board to include enclosed storage to the Rural Hamlet District by special permit.  The Town contains a small area of Rural Hamlet (RH) zoning and that there are other barns located in the RH district that could benefit this proposal. Roll Call Vote: Mr. Cleverley                           yes Mr. Bowes                               yes Mr. Abold                               yes Mr. Virginia, Chairman          yes Mrs. McBurney, Acting Chair     yes Vote: 5 yes, 0 no, motion carried. Application is tabled to the December 19, 2005 meeting at 7:35 p.m. SET PUBLIC HEARING – JEFF ROTELLA 6600 Herman Rd., Tax Parcel ID #055.-01-5.2 Special Use Permit #200-35(C)(2) to allow for motor vehicle service and repair and #200-35(C)(4) outdoor sales.  Ind-B Zoning District. Mr. John Rotella, brother to applicant Jeff Rotella, was present to address the Board.   Mr. Rotella said that his brother was applying for a dealer license and needed approval to sell cars from his property.  Mr. Rotella said there would be no more than five vehicles on his property and that it would be made by appointment only to view the vehicles. Mr. Virginia asked that the application show where on the map vehicles would be displayed. Mr. Virginia informed the applicant that the Board has referred application to County Planning and that a public hearing would be set for December 19, 2005, at 7:40 p.m. PUBLIC HEARING – ROBERT F. SMITH 500 Crandon Terrace, Tax Parcel ID #031.6-01-14.0 Variance from Section #200-44(D)(1)(d) accessory structure set 10’ from principal. PUD Zoning district. The public hearing opened at 8:17 p.m.  Mr. Virginia asked that the reading of the public hearing be waived, Mr. Abold seconded, motion carried, unanimously. Mr. Robert Smith of 500 Crandon Terrace was present to address the Board. Mr. Smith informed the Board that he would like to erect a 10’ x 10’shed 3’ from his house, where the code allows 10’.  Mr. Smith said that because of his lot layout he couldn’t put the shed 10’ from his house since it would be visible to his neighbor.  Mr. Smith said there are already five sheds that have been erected in his neighborhood closer than 10’ restriction without building permits.  Mr. Smith said that he needed the shed more accessible and 10’ was too far. Mr. Pringle said he agreed with Mr. Smith and that his lot is unique. Mr. Virginia asked if anyone wanted to speak regarding the application, no one spoke. The public hearing closed at 8:31 p.m. Mrs. McBurney proposed the following resolution #Z-05-39: Robert F. Smith of 500 Crandon Terrace, Baldwinsville, seeks an area variance from Section 200-44(D)(1)(d) of the Town of Van Buren Code related to the setback requirements for an accessory structure.  The property is located in a Planned Unit Development (PUD) zoning district and is identified as Tax Map ID #031.6-01-14.0.  Applicant proposes to construct a storage shed on the parcel.  The Zoning Code requires a minimum of 10 feet setback from the principal structure in a PUD district.  Mr. Smith’s proposal provides for a 3 feet setback on the north side of the house. Mr. Smith spoke in favor of the application.  He described the plan and the circumstances under which the storage shed is to be 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 Alfred N. Ianuzzi, Jr., dated march 15, 1989, showing the location of the house and proposed shed. 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 storage shed will be located 3 feet from the north side property line.  Due to the lot’s topography and location of the existing sewer lateral, 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 storage shed with a north side yard setback of 3 feet. Roll Call Vote: Mr. Cleverley                           yes Mr. Bowes                               yes Mr. Abold                               yes Mr. Virginia, Chairman          yes Mrs. McBurney, Acting Chair     yes Vote: 5 yes, 0 no, motion carried. SET PUBLIC HEARING – JOHN D. BELLOWS 7828 E. Dead Creek Rd., Tax Parcel ID #033-03-04.0 Special Use Permit #200-15C(10) Enclosed Storage.  R-40 Zoning District. Mr. John Bellows of Baldwinsville was present to address the Board. Mr. Virginia informed the applicant that the Board would set a public hearing and refer the application to County Planning Board. Mr. Bellows informed the Board of his proposal to use the property for storage of his lock and tools from his business within the existing structure and to erect another 40’ x 60’ barn for storage.  Mr. Bellows said that there is access. Mrs. McBurney asked why the applicant wants to store his business stock there and concerned with security. Mr. Bellows said it was convenient. Mr. Virginia set the public hearing for December 19, 2005, at 7:45 p.m. PUBLIC HEARING – KIMCO REALTY, LLC 2244 Downer St. Rd., Tax Parcel ID #035.-05-02.1 Variance from Section #200-93J(2) signage.  LB Zoning District. The public hearing opened at 8:44 p.m.  Mr. Virginia asked the reading of the public notice be waived, Mr. Abold seconded, motion carried, unanimously. Mr. Bob Abbott of Kimco Realty, LLC, representing Dunkin’ Donuts, was present to address the Board. Mr. Abbott informed the Board that Dunkin’ Donuts is requesting a pylon sign out front at 60’ square feet for Dunkin’ Donuts and an unknown tenant. Mr. Abbott said the sign proposed is their standard. Mr. Virginia asked if anyone wanted to speak.  No one spoke. The public hearing closed at 8:50 p.m. Mr. Virginia proposed the following resolution #Z-05-40: Kimco Realty, LLC, applies for an area variance from provisions of Section 200-93(J)(2) of the Town of Van Buren Code related to tax map property No. 035.-05-02.1, located at 2244 Downer St. Rd. in conjunction with the development of the parcel into a Dunkin’ Donuts with unknown tenant facility.  The property is located in a Local Business (LB) zoning district. Applicant has submitted the following information, which the Board has reviewed:  application, agricultural data statement, statement of proposed signage and details for its free-standing pylon sign. Applicant has requested a variance from the Code as follows: 1.      Section 200-93(J)(2) for a free-standing pylon with two signs located at the front of the property measuring a total of sixty (60) square feet.  The Code allows a sign measuring twenty (20) square feet. Mr. Bob Abbott of Kimco Realty, LLC, was present to address the Board.  There was no opposition to the application at the public hearing.  Based on the submissions of Applicant and testimony presented at the public hearing, the Board resolved as follows: 1.      This matter is unlisted under the State Environmental Quality Review Act (SEQR).  The Board appoints itself as lead agency for the uncoordinated review of this matter.  As the application relates to an area variance as to the size of a pylon sign, the Board finds that the proposal will have no potential adverse environmental impact, particularly with respect to water, drainage, air quality, soils or other matters of environmental significance. 2.      The variance for sign size is granted, as it will not produce an undesirable change in character of the neighborhood (zoned LB), and not substantial, given the nature of the site and size, it will not result in an adverse effect or impact as a result of granting the variance.  Reference is hereby made to Kimco Realty’s application for a description of the proposed sign. 3.      The variance is granted subject to Applicant obtaining final site plan approval by the Town’s Planning Board.  Any subsequent changes to the sign would require re-submission to and approval from the Town Planning Board. 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          yes Mrs. McBurney, Acting Chair     yes Vote: 5 yes, 0 no, motion carried. ADJOURNMENT Mrs. McBurney made a motion to adjourn the meeting to December 19, 2005, Mr. Abold seconded the motion; motion carried.  The meeting adjourned at 8:57 p.m. Respectfully submitted, Donna Aulds Zoning Secretary