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 6, third paragraph, be changed from 3’ from property line to 3’ from the house.  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 – 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 January 23, 2006, at 7:33 p.m. CONTINUED 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 continued at 7:35 p.m.   There was no one present to address the Board. The secretary informed the Board that Mr. Farrell, representing the applicant, Mr. Wattam, requested adjournment while they monitor the outcome of the text amendment request with the Town Board. Application is tabled to the January 23, 2005 meeting at 7:35 p.m. 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.  Industrial Zoning District. The public hearing opened at 7:40 p.m.  The secretary read the public notice aloud. Mr. Jeff Rotella, owner, was present to address the Board.   Mr. Spencer informed the Board that the applicant was before both Planning and Zoning Boards, during 2003 and 2004, represented by TDK, for a trucking terminal.  The applicant appeared again with Mr. Tarolli, who operates a contractor’s yard on a separate adjacent parcel.  The proposed property had issues regarding wetlands, Department of Transportation road cuts and drainage, which were addressed. Mr. Rotella said he wanted a dealer license to be able to transport cars purchased at auctions and that he would have no more than five vehicles stored at his site. Mr. Spencer asked the applicant to specify on the map the dimensions of the storage area. Mr. Rotella said he thought he would use a size of no more than 50’ x 20’. Mr. Virginia read the letter from County Planning stating there were no adverse inter-community wide implications. Mr. Virginia said that the applicant would need to acquire Site Plan approval from the Town’s Planning Board. Mr. Rotella said he would not have “for sale” signs posted, only a DMV (Department of Motor Vehicle) sign erected on the property. Mr. Pringle said that the applicant did receive approval for temporary storage of vehicles in transit on the proposed property. 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-05-41: Mr. Jeff Rotella of 6600 Herman Road, Warners, NY 13164, applies for a Special Use Permit pursuant to the Town of Van Buren Code Section 200-35(C)(2) to allow for motor vehicle service and repair and Special Use Permit Section 200-35(C)(4) outdoor sales at 6600 Herman Road, Tax Parcel ID #055-01-05.2.  The property was granted a special use permit in June 2003 for a trucking terminal and office, Resolution # Z-03-21.  The property is currently in an Industrial-A zoning district. Applicant has submitted and the ZBA has reviewed an application, notification to surrounding property owners of pending action, sketch, SEQRA short form environmental assessment form. The Onondaga County Planning Board determined that the use will have no significant adverse inter-community or county-wide implications by resolution dated November 29, 2005. Notice of public hearing on the special permit and application was duly published.  Jeff Rotella appeared and spoke in favor of the application.  There was no opposition to the proposed motor vehicle service and repair operation. Based on the above referenced documents, and proof received by the ZBA at the public hearing, the Board resolves as follows: 1.      This matter subject to the Sate 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 – A Zoning district has adequate space to conduct the motor vehicle service and repair and facilities to minimize the potential of environmental damage.  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 as noted in Resolution Z-03-21. 2.      A special permit required pursuant to Code Section 200-35(C)(2) and 200-35(C)(4) for the proposed use, which the Board finds is a motor vehicle service and repair operation and outdoor sales. 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 motor vehicle service and repair facility; 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 site that 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 is adequate space for the facility and for internal traffic. e.      The site is adequately served by public utilities; f.      Drainage on the site will not be significantly affected by the proposed use and the physical layout of the property will not be significantly different than the previous layout; g.      Regarding aesthetics, there is no substantial change to the physical layout of the property or the proposed improvements compared with the previous improvements will be consistent with the existing facility; h.      Emissions from the site will be minimal. 4.      The Special Permit is granted pursuant to Code Section 200-35(C)(2) and 200-35(C)(4) and all other applicable provisions of the Code, so as to allow for operation of a motor vehicle service and repair and outdoor sales facility, subject to the following: a.      All buildings will conform to NYS Building Code requirements; b.      Applicant to obtain all necessary permits, licenses and approval required by the New York State for operation of a motor vehicle service and repair and outdoor sales facility. c.      There will be no more than five vehicles or equipment for sale on the premises at any one time. d.      Approval of site plan by the Town of Van Buren Planning Board. e.      No exterior evidence of vehicles for sale on the premise. Mrs. McBurney seconded the resolution, there was no further discussion. Roll Call Vote: Mr. Cleverley                   yes Mr. Abold                       yes Mr. Bowes                       yes Mrs. McBurney           yes Mr. Virginia, Chair             yes Vote: 5 yes, 0 no, motion carried. 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. The public hearing opened at 7:56 p.m.  The secretary read the public notice aloud. Mr. John Bellows of Baldwinsville was present to address the Board. Mr. Bellows informed the Board of his proposal to use the property for storage of his locks and tools from his business as a locksmith within the existing structure and to erect another 40’ x 60’ barn for storage.  Mr. Bellows said that there is access.  Mr. Bellows said he would store three vehicles and his personal R.V. inside the structure. Mr. Bellows said that his employees would pick up their vehicles in the morning and that UPS would deliver one time per day.  Mr. Bellows proposed one light for the outside. Mr. Virginia read the County Planning letter. Mr. Pringle said that the structure would need to be 50’ from the front property line. Mr. Virginia invited the audience to speak regarding the application. Mr. Fred Neff of 7832 E. Dead Creek said he was opposed to a business being located in a residential area and that traffic, lights and noise were a concern.  Mr. Knapp said he has problems with Arrow Fence, being located on nearby Route 31, with their lights and noise at 5:30-6:00 a.m. Mr. Neff said he was concerned with setting bad precedence for the area and what would happen if the owner sold the property.  The neighboring property is residential and the proposal is for a business, which does not support the residential character of the neighborhood. Mr. Thomas Baker of 7829 E. Dead Creek said he had to deal with the noise and lights of Arrow Fence, which is located behind him, and that he was concerned that this proposal would create like noise, traffic and lights.  Mr. Baker said that the proposal would detract from the residential character of the neighborhood. Mrs. Kimberly Baker of 7829 E. Dead Creek said she was concerned since the proposal would undervalue her home and detract from the residential character of the neighborhood. Mr. Virginia asked what the hours of operation were being proposed. Mr. Bellows said from 7:00 a.m. to 6:00 p.m. Monday – Saturday and that he may access the property on Sunday. Mr. Abold said he thought the use proposed was not consistent with enclosed storage because of lights and traffic and that it would be out of character from the residences. Mr. Cleverley said he had lived near the applicant’s business in the village and there were no problems there, but he said he didn’t want to “open a can of worms” by allowing some businesses in residential districts. Mr. Bowes said he didn’t believe the proposal fit into the residential character of the neighborhood. Mrs. McBurney said that the definition of a Residential (R-40) zoning district was allowing low-density residential and supporting nonresidential development.  Mrs. McBurney said that she was concerned with the proposal and not being a supporting nonresidential proposal because of traffic generated and lights. Mr. Virginia said there is a business “Gatescraft” located on the proposed street, E. Dead Creek, but it is a non-conforming use and grandfathered. Mr. Virginia made a motion to table application to January 23, 2006, at 7:40 p.m., so that the Board could visit the site and consider what was discussed at the meeting. OTHER BUSINESS The Board set the next new meeting date for January 23, 2006, 7:30 p.m., due to a holiday falling on the regularly scheduled date. ADJOURNMENT Mr. Virginia made a motion to adjourn the meeting to January 23, 2006, Mr. Abold seconded the motion; motion carried.  The meeting adjourned at 8:45 p.m. Respectfully submitted, Donna Aulds Zoning Secretary