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, Vice-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. PUBLIC HEARING – VICTOR DEJOHN JR. 7161 O’Brien Rd., Tax Parcel ID #051-03-01.1 Variance from #200-16(A)(3)(d) maximum height for accessory structure.  R-40 Zoning District. The public hearing opened at 7:33 p.m.  The secretary read the public notice aloud. Mr. Victor DeJohn of 7161 O’ Brien Rd. was present to address the Board. Mr. DeJohn said that he needed a height variance to erect his 40’ x 60’ x 14’ pole barn used for storage of his enclosed 11’ high trailer, which is used to haul his ATV and other personal equipment.  The doors to the garage are 12’ high in order to accommodate the trailer. Mr. Virginia said the map submitted shows the proposed location for the pole barn 100’ from the house and 75’ from the center line of the Niagara Mohawk power easement. Mr. Virginia said the proposed pole barn exceeds the height limitation by 2.5 feet from the allowable overall average of 15’. Mr. DeJohn said there are no structures nearby and that his property abuts Route 690. Mr. Virginia asked if anyone in the audience wanted to speak regarding the proposal.  No one spoke. Mr. Virginia closed the public hearing at 7:44 p.m. Mrs. McBurney proposed the following resolution #Z-06-04: Victor DeJohn, owner of 7161 O’Brien Rd. (Tax ID #051.-03-01.1) applies for a variance from Section 200-16(A)(3)(d) of the zoning ordinance for a 2.5-foot height variance for a proposed 60’ x 40’ x 14’ metal pole barn.  Section 200-16(A)(3)(d) provides that a structure may not exceed fifteen feet in height.  The property is located in an R-40 District. Applicant submitted an application, agricultural data statement, map of the property prepared by Stephen Sehnert with the approximate location of the pole barn. Applicant testified at the hearing regarding the construction of the pole barn and the desire to improve the visual appearance and utility of the property. There was no opposition at the public hearing held on March 20, 2006. Based on the documents submitted by the applicant and the testimony of the applicant, the Board resolves as follows: 1.      This matter is Type II under SEQR. 2.      The pole barn is located approximately 100 feet from the existing home on the north side in line with the front of the home and 75’ from the center line of the Niagara Mohawk power easement.  The Board determines the pole barn at an average of 17.5 feet in height and will not produce an undesirable change in the character of the neighborhood and it does not adversely impact sight distance for vehicular traffic. 3.      Certain benefits sought by applicant cannot be achieved by any feasible method, other than the area variance. 4.      The variance is granted on the bases 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 and that applicant has adequately addressed the criteria for an area variance. 5.      Storage within the structure shall be for personal vehicles and property only. 6.      Location of this accessory structure shall be approved by the Town Codes Officer. Mr. Virginia seconded the resolution, there was no further discussion. Roll Call Vote: Robert Cleverley                        yes James Bowes                             yes Ronald Abold                    yes Laura McBurney, Vice-Chair      yes John Virginia, Chairman         yes Vote:  5 yes, 0 no, motion carried, unanimously. PUBLIC HEARING – KASSIS SUPERIOR SIGNS (representing Meyers Properties) 7030 Interstate Island Rd., Tax Map ID #056.-03-01.1 Variance from Section #200-92B(1) and E(6) signage.  Ind-A Zoning District. The public hearing opened at 7:49 p.m.  The secretary read the public notice aloud. Mr. Jim Williams of Kassis Superior Signs, stated he represented Meyers Campers, and Mr. Tim Wharton, Parts Manager of the Syracuse Meyer’s Campers, were present to address the Board. Mr. Virginia informed the applicant that the request for variance from square footage of sign and a roof sign in regards to commercial property, where a site plan is needed, according to Section 200-97D, the application needs to go before the Planning Board for recommendation to the Zoning Board of Appeals. Mr. Williams said he was requesting a variance for square footage and asking for 66 more square feet.  A previous variance for square footage exists on the property.  Mr. Williams said that he was also requesting a variance for a roof sign for both Meyer’s Campers and Campers World. Mr. Spencer informed the applicant that the application is not easy to read and that the location and square footage of the signs are unclear and suggested to the applicant to submit a comprehensible application for the Planning Board. The secretary informed the applicant that 11 copies of the signage site plan needs to be submitted with color, dimensions shown, a site plan map showing the location of the signs and signs superimposed on the building photos.  Application submittal should be made by March 24, 2006, to be included on the Planning Board’s April agenda. Mr. Virginia tabled the application to April’s meeting, due to incomplete application. OLD BUSINESS Mrs. McBurney asked Mr. Pringle about the comment for granting an illegal variance made in the Planning Board minutes to a neighbor on Birchwood Blvd. for a carport and why did the carport need a variance. Mr. Pringle said the carport is a structure that requires a building permit and needs to meet the setback requirements and that the structure built at Birchwood Blvd. did not meet the code requirements and was built without a permit. Mr. Virginia asked Mr. Spencer to research the Residential Building code where it says there is a minimum 3’ setback requirement from the property line. Mr. Virginia said the Codes Officer and the Chairman of the Planning Board were not present to speak regarding the application for variance for the carport and no written comments included in the Board’s package. Mr. Pringle said that the property is on a corner and the carport is not near any other structures or neighbors. Mr. Virginia said the Board stated, in its resolution, that the structure can’t include a foundation. Mrs. McBurney said she felt she didn’t have all the information regarding the application, i.e. a second driveway approval and an operation of daycare on the premises and it wasn’t included in the application. ADJOURNMENT Mr. Cleverley made a motion to adjourn the meeting to April 17, 2006, Mrs. McBurney seconded the motion; motion carried.  The meeting adjourned at 8:20 p.m. Respectfully submitted, Donna Aulds Zoning Secretary Town of Van Buren Planning, Zoning and Codes 7575 Van Buren Rd. Baldwinsville, NY 13027 315-635-3604 www.townofvanburen.com