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. Bowes asked that the typo on motion #06-04 of the March meeting item #4 be corrected from bases to basis Mr. Abold made a motion to accept the minutes, as amended, Mrs. McBurney seconded the motion, there was no further discussion; motion carried unanimously. PUBLIC HEARING – RICHARD ZEINER 7237 Kingdom Rd., Tax Map ID #045.-02-03.0 Variance from Section #200-62B for fence height.  AR-80 Zoning District. The public hearing opened at 7:33 p.m.  The secretary read the public notice aloud. Mr. Richard Zeiner of 7237 Kingdom Rd. was present to address the Board. Mr. Zeiner said he would like a variance from the 3 1/2 foot high height limitation for fences in the front yard. Mr. Virginia asked for a survey. The Board said they didn’t understand the sketch the applicant drew. Mr. Pringle said the applicant could submit a survey for the building permit and that the applicant only wants a variance for fence height in the front yard. Mr. Virginia asked if anyone wanted to speak regarding the application.  No one spoke. Mr. Virginia closed the public hearing at 7:49 p.m. Mr. Virginia proposed the following resolution #Z-06-05: Richard P. Zeiner, owner of 7237 Kingdom Rd., tax map ID #045.-02-03.0, applies for a variance from Section #200-62 (B) of the Town Zoning Ordinance for a six feet high cedar fence in his front yard area that is approximately 150 feet long.  Section #1200-62B provides that a fence may not exceed three and one-half feet in height in the front yard area.  The property is located in an AR-80 zoning district. Applicant submitted an application, agricultural data statement, notification of neighbors form and a hand drawn map of the property with the approximate location of the fence drawn in by applicant. Applicant testified at the hearing 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 April 17, 2006. Based on the documents submitted by applicant and the testimony of applicant, the Board resolves as follows: 1.      This matter is Type II under SEQR. 2.      The fence is located approximately 30 feet from the center line of Kingdom Rd.  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. 5.      Fianl location and height of fence shall be approved by the Codes Officer. Mrs. McBurney seconded the resolution, there was no further discussion. Roll Call Vote: Mr. Abold                       yes Mr. Cleverley                   yes Mr. Bowes                       yes Mrs. McBurney           yes Mr. Virginia, Chair             yes Vote:  5 yes, 0 no, motion carried; unanimously. PUBLIC HEARING – CHRISTOPHER SAPORITO 104 Commane Rd., Tax Map ID #037.-01-04.0 Variance from Section #200-16A(3)(a),(b)and (c) front, rear and side yard setbacks.  R-40 Zoning District. The public hearing opened at 7:52 p.m.  The secretary read the public notice aloud. Mr. Christopher Saporito of 104 Commane Rd. was present to address the Board. Mr. Saporito described his request for a variance to place a 10’ x 16’ shed in his yard that faces the street within 5’ of his side yard and 3 feet of the current front yard line. Mr. Abold cautioned the applicant to be aware of his septic system when placing the shed on the property. Mr. Virginia asked if anyone wanted to speak regarding the application.  No one spoke. Mr. Virginia closed the public hearing at 8:04 p.m. Mrs. McBurney proposed the following resolution #Z-06-06: Christopher Saporito of 104 Commane Rd. seeks area variances from sections 200-16(A)(3)(a), (b) and (c) of the Town of Van Buren Code related to a 10’ x 16’ shed at his property.  The property is located in an R-40 zoning district and is identified as tax map ID #037.-01-04.0. Mr. Saporito spoke in favor of the application.  The shed is to be located at the southwest corner of the property. There was no objection to the proposal at ZBA’s public hearing, which was held on April 17, 2006, pursuant to public notice. In support of the application, applicant submitted and application for variance, agricultural data statement, notice to surrounding property owners, short environmental assessment form, photos of the property, location sketch and survey showing the general location of the shed. Based on the foregoing, the Board resolves as follows: 1.      This matter is Type II under SEQR, as it involves individual area variances related to a single family residential use. 2.      It is determined the requested variances will not produce any undesirable change in the character of the neighborhood and will not be a detriment to nearby properties.  The proposed shed is located at the side and to the front of the existing structure.  The proposed variances will not have an adverse effect or impact on the physical environmental conditions in the neighborhood or district, as the shed will be devoted to residential use.  Neighbors express no objection to the variances.  The benefit to applicant outweighs any detriment to the neighborhood or community as a result of granting the variances. 3.      The variances are granted to allow for the 10’ x 16’ shed being located 3 feet from the current front and 5 feet from the west property line.  The variances are limited to the improvements described by applicant, which shall be located in accordance with the location sketch submitted.  Any additional structures shall require additional review and approvals. Roll Call Vote: Mr. Abold                       yes Mr. Cleverley                   yes Mr. Bowes                       yes Mrs. McBurney           yes Mr. Virginia                    yes Vote:  5 yes, 0 no, motion carried; unanimously. PUBLIC HEARING – ESTATE OF MARY BEMIS 7380 New State Route 31, Tax Map ID #032.-03-11.1 and 032.-01-12.1. Variance from Section #200-13A(1)(b) maximum lot area.  AR-80 Zoning District. The public hearing opened at 8:08 p.m.  The secretary read the public notice aloud. Mr. Thomas Bemis, representing the estate of Mary Bemis, was present to address the Board. Mr. Bemis said he needed a variance for lot area for three lots that were being subdivided to settle the estate of Mary Bemis. Mr. Virginia said the application is currently being reviewed by County Planning Board. Mr. Spencer informed the Board that they could not make a decision until County Planning replied to the referral for subdivision and variance requested. Mr. Virginia tabled the application to the next meeting May 15, 2006. OLD BUSINESS Mr. Virginia asked Mr. Spencer if the application for a variance from Meyer’s Campers for a roof sign would be a use variance or an area variance. Mr. Spencer read the definitions for both use and area variances per New York State. Mr. Virginia said that he didn’t have a problem with the requested variance being an area variance. Mr. Virginia asked Mr. Pringle to look at the history for signage with Comfort Inn and their “roof sign”. ADJOURNMENT Mr. Abold made a motion to adjourn the meeting to May 15, 2006, Mrs. McBurney seconded the motion; motion carried.  The meeting adjourned at 8:39 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