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 absent
John Virginia, Chairman present
Laura McBurney, Vice-Chair present
Also Present: Vera Cavallaro, Secretary present
Lynn McCormick – acting Secretary
David Pringle, Codes Officer
Ted Spencer, Attorney
MINUTES
Motion Mrs. McBurney moved to accept the minutes, as typed and distributed, Mr. Virginia seconded the motion, there was no further discussion; motion carried unanimously.
PUBLIC HEARING – ESTATE OF MARC CASSON
West Dead Creek Rd., Tax Map ID #034.-01-21.5
Special Use Permit #200-67. AR-80 Zoning District.
The public hearing continued at 7:32 p.m.
Mr. Marc Casson, was present to address the Board.
Mr. Virginia read Town of Van Buren Planning Board comments recommendation for approval for a 52,000 square foot, 12 – 15 foot deep, old gravel bed, the DEC was notified and it was determined that there was no problem.
Mr. Spencer asked Mr. Virginia to read the Town of Van Buren Planning Board conditions.
Mr. Virginia read that conditions were that there must be erosion control, the site needed to be graded, soil and seeded. The Code Enforcement Officer must approve the fill before it is put in the hole and there must be no contaminated fill. The Special Use Permit will expire in two years, but the applicant may request two additional one year extensions. Any violations will revoke the Special Use Permit.
Mr. Casson asked about the top soil and seed.
Mr. Pringle told Mr. Casson that the last six inches can not have any gravel or heavy fill.
Mr. Virginia asked if anyone wanted to speak regarding the application. No one spoke.
Mr. Virginia closed the public hearing at 7:35 p.m.
Mr. McBurney proposed the following resolution #Z-03-02:
Thomas J. Bemis, on behalf of the Estate of Mary L. Bemis of 7380 NYS Route 31, Baldwinsville, NY seeks an area variance from Section 200-14A1(b) of the Town of Van Buren Code related to the proposed location of a three lot subdivision on New Route 31. The property is located in an AR-80 Zoning District and is identified as Tax map parcels 032.-03-11.1 and 032.-01-12.1.
Mr. Bemis spoke in favor of the application and described the plan to establish three lots measuring 8.5 acres, 10.78 acres and 12.3 acres. Section 200-14A1(b) sets 216,800 square feet (approx. 5 acres) as the maximum area for a lot in an AR80 zoning district.
The Town of Van Buren Planning Board recommends approval of the requested area variances insomuch as the variances are not detrimental to the character of the area. There was no objection to the proposal at ZBA’s public hearing, which was held on April 17 and May 15, 2006 pursuant to public notice.
In support of the application, applicant submitted an Application for Variance, Notice to Surrounding Property Owners, and tax map showing the location of the two lots.
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 variances will not have an adverse effect or impact on the physical environmental conditions in the neighborhood or district. 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. Variances are granted to allow the establishment of three oversized lots pursuant to the subdivision application of Thomas Bemis for a three lot subdivision on New Route 31. The three lots and their dimensions are: Lot 1 – 8.5 acres, Lot 2 – 12.3 acres and Lot 3 – 10.78 acres.
4. The Board conditions approval upon Planning Board subdivision approval.
Mrs. McBurney seconded the resolution, there was no further discussion.
Roll Call Vote:
Robert Cleverley yes
James Bowes absent
Ronald Abold yes
Laura McBurney, Vice-Chair yes
John Virginia, Chairman yes
Vote: 4 yes, 0 no, 1 absent; motion carried.
POSSIBLE SET PUBLIC HEARING – RYAN HOMES, INC.
29 Cross Country Dr., Tax parcel ID #33.01-05-16.0
Variance from Section #200-57 PUD regulations for residential structure. PUD Distr
Mr. Thomas Peters of Ryan Homes was present to address the Board.
Mr. Virginia informed the applicant that the variance request is not appropriate from the Board and that the request is an amendment to an already approved project plan.
The applicant needs to go before the Planning Board for recommendation to the Town Board for zone change amendment.
SET PUBLIC HEARING – MARC AND SUE CASSON
W. Dead Creek Rd., Tax Parcel ID #034.-01-21.5
Special Use Permit #200-67 fill. AR-80 Zoning Distr.
Mr. Marc Casson was present before the Board.
Mr. Casson said he needed to fill a hole 52,000 square feet with an average depth of 12-15 feet and that the property is a vacant gravel bed.
The applicant submitted a drawing showing the hole’s location.
Mr. Casson said he had notified Department of Environmental Conservation and that they didn’t have a problem.
Mr. Spencer informed the applicant and the Board that a Planning Board approval is necessary before the Board can issue a special use permit.
Mr. Virginia set the public hearing for June 19, 2006 at 7:32 p.m.
Mrs. McBurney asked the applicant to submit a map that showed surrounding areas.
SET PUBLIC HEARING – JUDY RINALDI
Winchell Rd., Warners, Tax Parcel ID #055.-03-02.0. Ind-A Zoning Distr.
Mr. Tony Adorante, Attorney representing Ms. Rinaldi, owner of proposed property.
Mr. Adorante informed the Board that the owner wanted to remove the topsoil for construction of a water tower and that she would use the topsoil for herself and the property owner to the east would take the remaining topsoil.
Mr. Abold asked that a letter from the neighboring property owner be submitted indicating his desire to place the topsoil onto his property.
Mr. Virginia said the application should go to the Planning Board for recommendation to the Board.
Mr. Virginia set the public hearing for June 19, 2006 at 7:33 p.m.
PUBLIC HEARING – EDWARD ST. ONGE/MARY HERNANDEZ
308 Idlewood Blvd., Tax Parcel ID #031.2-10-18.0
Variance from Section #200-22(A)(2)(c) side yard setback for att. garage. R-10 Zoning Distr.
The public hearing opened at 7:52 p.m. The secretary read the public notice aloud.
Mr. St. Onge was present to address the Board.
Mr. St. Onge said he wanted to erect an attached garage on his property and needed a variance for side yard setback.
Mr. Virginia asked if anyone wanted to speak regarding the application. No one spoke.
Mr. Virginia closed the public hearing at 7:59 p.m.
Mrs. McBurney proposed the following resolution #Z-06-08:
Edward St. Onge and Mary Hernandez of 308 Idlewood Blvd. seeks an area variance from Section #200-22A(2)(c) of the Town of Van Buren code related to the proposed location of an attached garage. The property is located in an R-10 District and is identified as Tax Map Parcel #31.2-10-18.0.
Mr. St. Onge spoke in favor of the application and described the plan to construct an attached garage measuring 16’ x 30’. The plan requires a six foot variance from the side yard set back requirement.
There was no objection to the proposal at ZBA’s public hearing, which was held on May 15, 2006, pursuant to public notice.
In support of the application, applicant submitted an Application for Variance, Agricultural Data Statement, Notice to Surrounding Property Owners, location sketch and survey showing the location of the house on the property and the proposed addition.
Based on the foregoing, the Board resolves as follows:
1. This matter is Type II under SEQR as it involves an individual area 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 variance will not have an adverse affect or impact on the physical environmental conditions in the neighborhood or district. The benefit to applicant outweighs the detriment to the neighborhood or community as a result of granting the variance and there are no other practical alternatives available to the applicant.
3. A variance is granted regarding the application to allow the construction of the garage with a side yard set back of six feet.
Mr. Virginia seconded the resolution, there was no further discussion.
Roll Call Vote:
Robert Cleverley yes
James Bowes absent
Ronald Abold yes
Laura McBurney, Vice-Chair yes
John Virginia, Chairman yes
Vote: 4 yes, 0 no, 1 absent; motion carried
PUBLIC HEARING – KEITH CIARPELLI
7170 Jones Rd., Tax Parcel ID #059.-01-41.0
Variance from Section #200-20A(2)(b) side yard setback for att. garage. R-15 Zoning Distr.
The public hearing opened at 8:02 p.m. The secretary read the public notice aloud.
Mr. Ciarpelli of 7170 Jones Rd. was present to address the Board.
Mr. Ciarpelli asked for a side yard variance of 5 feet to erect an attached garage.
Mr. Virginia asked if anyone in the audience wanted to speak regarding the application. No one spoke.
Mr. Virginia closed the public hearing at 8:05 p.m.
Mrs. McBurney proposed the following resolution #Z-06-09:
Keith Ciarpelli of 7170 Jones Road seeks an area variance from Section #200-20A(2)(b) of the Town of Van Buren Code related to the side yard setback requirement for a proposed garage. The property is located in an R-15 Zoning District and is identified as Tax Map parcel #059.-01-41.0. The Zoning Code requires a total of twenty five feet for the side yard setbacks in an R-15 District. Mr. Ciarpelli’s proposal provides for a total of five feet setback on the north side of his house.
Mr. Ciarpelli spoke in favor of the application. He described the plan and the circumstances under which the garage is to be constructed.
In support of the applicant, applicant submitted an Application for Variance, Agricultural Data Statement, Notice to Surrounding Property Owners and a survey map prepared by R.J. Lighton, dated March 14, 1985, showing the location of the house.
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 garage will be located five feet from the north side property line. Due to the lot’s 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 affect 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 garage with a north side yard setback of five feet.
Mr. Virginia seconded the resolution, there was no further discussion.
Roll Call Vote:
Robert Cleverley yes
James Bowes absent
Ronald Abold yes
Laura McBurney, Vice-Chair yes
John Virginia, Chairman yes
Vote: 4 yes, 0 no, 1 absent; motion carried.
PUBLIC HEARING – WALGREENS
2229 & 2231 Downer St., Tax Parcel ID #034.-03-10.1 & 034.-03-12.0
Variance from Section #200-28B(3) rear yard abutting setback, Section #200-65B(7) parking, #200-93J(2) signage.
Special Use Permit #200-69 to allow drive-thru.
The public hearing opened at 8:07 p.m. The secretary read the public notice aloud.
Mr. Ric Maar of Dunn and Sgromo, representing applicant, and Mr. Brian Donovan of HDL Developers, representing Walgreens, were present to address the Board.
Mr. Virginia informed the applicant that the application was referred to County Planning and the Board was waiting for comments.
Mr. Pringle informed the Board that signage does not need to be referred to County Planning, but the Special Use Permit does.
Mr. Virginia was unsure of the recommendation by the Planning Board.
The Board was unsure of a sign that changed and the difficulty in ensuring that the sign wasn’t scrolling electronically, which is against the Town Code.
Mr. Pringle informed the applicant to propose the removal of snow and not store on the property.
Mr. Pringle informed the Board that the fire department chief has reviewed the site plan and saw no problems.
Mr. Virginia tabled the application to June 19th, 2006 at 7:35 p.m.
OLD BUSINESS
The Board discussed the application from Meyer’s campers for roof sign and that the applicant was still awaiting Thruway approval.
Mrs. McBurney said she didn’t understand Planning Board’s recommendation.
Mr. Pringle informed the Board that Comfort Inn does have a special use permit for their sign on the roof and that it couldn’t be seen over the roof only on the Thruway side.
ADJOURNMENT
Mrs. McBurney made a motion to adjourn the meeting to June 19, 2006, Mr. Abold seconded the motion; motion carried. The meeting adjourned at 8:38 p.m.
Respectfully submitted,
(Transposed from Clerk’s notes)
Donna Aulds
Zoning Secretary
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