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                        absent                         James Bowes                             absent                         Ronald Abold                    present                         John Virginia, Chairman         present Laura McBurney, Vice-Chair      present Also Present:   Donna Aulds, Secretary                         David Pringle, Codes Officer                         Ted Spencer, Attorney A quorum was present. MINUTES Motion  Mr. Virginia 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 – 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 continued at 7:33 p.m.  The applicant was not present. Mr. Virginia made a motion to close the public hearing at 7:34 p.m.  Mr. Abold seconded the resolution, motion carried by all those present. Mr. Virginia said he visited the site and that he believed the proposal would affect the character of the neighborhood, which is primarily residential not commercial.  The proposal does not meet the comprehensive plan. Mrs. McBurney proposed the following resolution #Z-06-02: John D. Bellows, potential owner of 7828 East Dead Creek Road, 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 7828 East Dead Creek Road. The property is zoned R-40 and is known as tax map no. 033-03-04.0.  In an R-40 District, enclosed storage 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 and notification to surrounding property owners of pending action as well as a map. Notice of a public hearing on the special permit and application was duly published.  John D. Bellows appeared and spoke in favor of the application on December 19, 2005.  Several neighbors appeared and submitted documents in opposition to the application. Based on the above referenced documents, proof received by the ZBA at the public hearing, and applicant’s testimony the Board resolves as follows: 1.      That this 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 may be 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 the proposed use brings with it issues associated with the conduct of a commercial business.  Additionally, the proposed project poses potential significant impacts on the community character and there will be apparent noise, traffic and aesthetic changes associated with the proposal. 2.      A special use permit is 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 does not satisfy the Town standards of review as follows: (a)     While the proposed use is allowed in the zoning district by special permit, it is contemplated as noncompliant with the applicable intent and regulations of the Zoning Ordinance because of its commercial nature and potential activity; (b)     The proposed commercial use is not consistent with the long term development objectives of the area which is residential; (c)     The scale and design of the proposed use has a detrimental effect on the surrounding area and will not be visually compatible with conditions of the site and surrounding residential properties; (d)     The proposed design of the site creates potential issues for vehicular movement and commercial traffic parking given the size of the site and its access to East Dead Creek Road. (e)     The site is adequately served by public utilities; (f)     Drainage on the site may be affected by the proposed use; (g)     Regarding aesthetics, there will be a significant change to the area as a result of the proposed structure; (h)     Emissions from the site are undetermined at his point.         4.      The Special Use Permit is denied pursuant to Code Section 200–15(C)(10) and all other applicable provisions of the Code, for operation of a self storage facility for use in connection with applicant’s locksmith business. Mr. Virginia seconded the motion, there was no further discussion.   Roll Call Vote: Mr. Cleverley                   absent Mr. Bowes                               absent Mr. Abold                               yes Mrs. McBurney, Vice-Chair       yes Mr. Virginia, Chairman          yes Vote:  3 yes, 0 no, 2 absent; motion carried. PUBLIC HEARING – ALLEN & ANGELA CLARKSON 425 Birchwood Blvd., Tax Map ID #031.03-05-03.1 Variance from Section #200-22A(3)(a) and (b) corner lot setbacks. The public hearing opened at 7:41 p.m.  Mr. Virginia made a motion to waive the public reading, Mr. Abold seconded the motion, motion carried. Mr. Allen Clarkson was present to address the Board. Mr. Clarkson said he was seeking a variance to allow for his 18’ x 21’ carport.  Mr. Clarkson said he was on a corner lot. Mr. Virginia said the structure was screened and that the applicant obtained neighbor signatures. Mr. Clarkson said the carport was open at the ends and covered with green tarp. Mr. Clarson said that the carport was erected six months ago. Mr. Virginia asked if anyone in the audience wanted to speak.  No one spoke. Mr. Virginia made a motion to close the public hearing at 7:48 p.m.  Mr. Abold seconded the motion, motion carried. Mr. Virginia proposed the following resolution #Z-06-03: Allen Clarkson and Angela Clarkson of 425 Birchwood Boulevard seek an area variance from Section 200-22(A)(3)(a) and (b) of the Town of Van Buren Code related to the corner lot setback requirements for a carport structure (no foundation) located at the property.  The property is located in an R-10 District and is identified as Tax Map parcel 033-05-03.1.  The property is located at the intersection of Birchwood Boulevard and Fairway Circle.  The Zoning Code requires 30 feet setback from property lines on corner lots to coincide with existing building line.  Mr. Clarkson’s layout provides for a total of 2 feet from the property line along Fairway Circle and extends beyond the building line with respect to the setback along Fairway Circle. Mr. Clarkson spoke in favor of the application.  He described the plan and the circumstances under which the carport was located and constructed. In support of the applicant, applicant submitted an Application for Variance, Agricultural Data Statement, Notice to Surrounding Property Owners and photos of the site showing the location of the house and carport. 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 carport is approximately 67 feet from the property line along Birchwood Boulevard and approximately 2 feet from the property line along Fairway Circle.  Due to the lot’s size and 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 expressed 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 carport (measuring approximately 18’ x 21’) with a Birchwood Boulevard setback of approximately 67 feet and a Fairway Circle setback at two feet. Mr. Abold seconded the resolution, there was no further discussion. Roll Call Vote: Mr. Cleverley                   absent Mr. Bowes                               absent Mr. Abold                               yes Mrs. McBurney, Vice-Chair       yes Mr. Virginia, Chairman          yes Vote:  3 yes, 0 no, 2 absent; motion carried. ADJOURNMENT Mr. Virginia made a motion to adjourn the meeting to March 20, 2006, Mr. Abold seconded the motion; motion carried.  The meeting adjourned at 7:55 p.m. Respectfully submitted, Donna Aulds Zoning Secretary