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
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 –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 opened at 7:32 p.m.
Mr. Virginia waived the reading of the public hearing.
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 7:42 p.m.
Mrs. McBurney proposed the following resolution #Z-06-10:
Marc Casson and Sue Casson of West Dead Creek Road, applies for a Special Permit, pursuant to Town of Van Buren Code 200-67(A) for the use of fill material on his site. The property is zoned AR-80, known as Tax Map No. 034-01-21.5.
Applicant submitted an application to the Zoning Board of Appeals, an Agricultural Data Statement and a location sketch for the area to be filled.
By Resolution of June 5, 2006, the Town Planning Board approved the Special Permit, subject to applicant complying with monitoring and approval by the Code Enforcement Officer and Town Engineer.
Notice of a Public Hearing on the Special Permit Application was duly published.
Mr. Casson spoke in favor of the Application. There was no opposition to the Application at the Public Hearing.
Based upon the above-referenced documents and proof taken at the Public Hearing, the Board resolves as follows:
1. This matter is subject to the State Environmental Quality Review Act (SEQR). This matter is unlisted. The Board appoints itself lead agency for the uncoordinated review of this matter. The Board 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 is located in an AR-80 zone and the area to be filled is an old gravel bed. The nature of the property will not change by reason of the Special Permit. The property is not located in a critical environmental area and the proposed project poses no significant impact upon water, air, agriculture resources or community character and growth. From
the perspective of visual impact, the proposed filled area will result in minimal aesthetic changes.
2. A Special Permit is required pursuant to Code Section 200-67(A) which provides, in relevant part that upon issuance of a Special Permit by the Zoning Board of Appeals debris of the types specifically listed in 200-67 may be used to fill a site to grades approved by the Code Enforcement Officer.
3. Pursuant to Section 200-108 of the Code, the Board finds that the proposed special Permit use satisfies the Town standards of review as follows:
a. As the proposed use is allowed by Special Permit, it is in compliance with the applicable intent and regulations of the Ordinance;
b. The proposed area use is located on a site and in an area of the Town consistent with the long-term development objectives of that area.
c. The scale and design of the use 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 creates no significant traffic issues.
e. The filled area will be consistent with the soil capabilities of the site to accommodate the use and water runoff is controlled.
f. Emissions from the site will be minimal.
4. The Special Permit is granted to Code Section 200-67(A), subject to the conditions below, so as to allow for the use of fill as approved by the Town’s Code Enforcement Officer.
5. Conditions to the grant of the Special Permit are as follows:
(1) Applicant will provide for erosion control during the fill operations.
(2) The finished fill area will be graded, covered with topsoil and seeded.
(3) Applicant will contact the Code Enforcement Officer to inspect the fill material and approve it prior to distribution.
(4) Applicant will not accept or utilize any contaminated fill.
(5) The permit expires after two years but applicant may request two additional one-year extensions.
Mr. Cleverly seconded the resolution, there was no further discussion.
Roll Call Vote:
Robert Cleverley yes
James Bowes yes
Ronald Abold absent
Laura McBurney, Vice-Chair yes
John Virginia, Chairman yes
Vote: 4 yes, 0 no, 1 absent; motion carried.
PUBLIC HEARING – JUDY RINALDI.
Winchell Rd., Warners, Tax parcel ID #055-03-02
Special Use Permit #200-66. IND A Zoning District
The public hearing opened at 7:46 p.m.
Mr. Virginia waived the reading of the public hearing.
Mr. Adorante, Mrs. Rinaldi’s attorney and Mrs. Rinaldi were present to address the board.
Mr. Virginia asked about the contract for the land that Mrs. Rinaldi does not own.
Mr. Adorante said the contracts were on file with the other owner(s)
Mr. Virginia read Town of Van Buren Planning Board comments, recommendation for approval as required by code.
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-06-11:
Judy Rinaldi of 6717 Winchell Road, Warners, NY, applies for a Special Permit, pursuant to Town of Van Buren Code 200-66(A) for the removal of topsoil on her site. The property is zoned IND, known as Tax Map No. 055-03-02.0.
Applicant submitted an application to the Zoning Board of Appeals, an Agricultural Data Statement and a location sketch for the area from which the topsoil will be removed.
By Resolution of June 5, 2006, the Town Planning Board approved the Special Permit, subject to applicant providing top soil and seeding upon completion.
Notice of a Public Hearing on the Special Permit Application was duly published.
Mr. Adorante, applicant’s attorney spoke in favor of the Application. There was no opposition to the Application at the Public Hearing.
Based upon the above-referenced documents and proof taken at the Public Hearing, the Board resolves as follows:
1. This matter is subject to the State Environmental Quality Review Act (SEQR). This matter is unlisted. The Board appoints itself lead agency for the uncoordinated review of this matter. The Board 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 is located in an industrial zone. The nature of the property will not change by reason of the Special Permit. The property is not located in a critical environmental area and the proposed project poses no significant impact upon water, air, agriculture resources or community character and growth. From the perspective of visual impact, the
proposed area is located off the road and result in minimal aesthetic changes.
2. A Special Permit is required pursuant to Code Section 200-66(A).
3. Pursuant to Section 200-108 of the Code, the Board finds that the proposed special Permit use satisfies the Town standards of review as follows:
a. As the proposed use is allowed by Special Permit, it is in compliance with the applicable intent and regulations of the Ordinance;
b. The proposed fill area is located on a site and in an area of the Town consistent with the long-term development objectives of that area. The site is serviced by all necessary utilities and is compatible in size and character to existing land uses in the immediate area.
c. Necessary public facilities are already available to the site. The scale and design of the use 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 creates no significant traffic issues.
e. The use is designed in a manner that minimizes disturbance of natural and cultural resources. The use is consistent with the soil capabilities of the site to accommodate the use and water runoff is controlled.
f. Emissions from the site will be minimal and directed away from surrounding properties.
4. The Special Permit is granted to Code Section 200-66(A), subject to the conditions below, so as to allow for the removal of topsoil as approved by the Town’s Code Enforcement Officer.
5. Conditions to the grant of the Special Permit are as follows:
(1) Applicant will provide for erosion control during the fill operations.
(2) The finished fill area will be graded, covered with topsoil and seeded.
(3) Applicant will contact the Code Enforcement Officer to inspect the site and approve its condition.
(4) The permit expires after two years but applicant may request two additional one-year extensions.
Mrs. McBurney seconded the resolution, there was no further discussion.
Roll Call Vote:
Robert Cleverley yes
James Bowes yes
Ronald Abold absent
Laura McBurney, Vice-Chair yes
John Virginia, Chairman yes
Vote: 4 yes, 0 no, 1 absent; motion carried.
PUBLIC HEARING – JOHN LEFEVERE JR.
130 Hosmer Dr. Syracuse, NY 13209 Tax Parcel ID# 061-02-19
Variance from Section 200-22A(1)(d), Lot coverage and 200-62b, fence height
The public hearing opened at 7:54 p.m.
Mr. Virginia waived the reading of the public hearing.
Mr. LeFevere Jr. was present before the Board.
Mr. Virginia asked Mr. LeFevere Jr. to explain exactly what he wanted to do.
Mr. LeFevere Jr. explained that he wanted to build a 14 x 20 garage that would be three feet away from his home and he would like to put a six foot high fence.
Mr. Virginia read the code were it stated that no fence in a front yard shall be higher than 31/2 feet.
Mr. Pringle stated that Mr. LeFevere Jr’s property has two front yards because it is a corner lot.
Mr. Virginia asked Mr. LeFevere Jr. why he needed the fence variance.
Mr. LeFevere stated that he needed the variance to prevent his dog from jumping the fence.
Mr. Virginia wanted to know what the coverage was for the property, he determined it to be 2049 square feet @ 1711 which is 20 percent, the applicant would like 390 square feet more that the code allows which would end up being approximately 21.3 percent.
Mr. Pringle state that the estimated set back would be 12 ft. by granting the variance for the garage.
Mr. Virginia asked Mr. Pringle if there would be any sight distance problems with the fence placement.
Mr. Pringle stated that there would not be any problems.
Mr. Virginia asked if anyone wanted to speak regarding the application. No one spoke.
Mr. Virginia closed the public hearing at 8:15 p.m.
Mrs. McBurney proposed the following resolution #Z-06-12:
John LeFevere, Jr. of 130 Hosmer Drive, Syracuse, NY 13209 seeks an area variance from the lot coverage requirement of Section 200-22(A)(1)(d) of the Town of Van Buren Code related to a garage at his property and an area variance as to fence height (Section 200-62B). The property is located in an R-10 District and is identified as Tax Map parcel 061-02-19.0.
Mr. LeFevere spoke in favor of the application. The detached garage is to be located to the south of the existing house and will measure 14 feet by 20 feet with a 12’ front yard setback. The proposed fence will be located on north and south sides of the house.
There was no objection to the proposal at ZBA’s public hearing, which was held on June 19, 2005 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 general location of the addition.
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 garage is located consistent with the existing structure. The proposed variance will not have an adverse effect or impact on the physical environmental conditions in the neighborhood or district, as the garage 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 variance and there is no other feasible alternative available to applicant.
3. A variance is granted to increase the allowable coverage from 20% to approximately 21.3% to allow for the addition of a detached garage. The variance is 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.
4. A variance is granted for a six feet high fence located along the north and south of the existing house. The fence will extend 16 feet on the north and 28 feet on the south in accordance with the sketch submitted with the application which is hereby incorporated
Mr. Virginia seconded the resolution, there was no further discussion.
Roll Call Vote:
Robert Cleverley yes
James Bowes yes
Ronald Abold absent
Laura McBurney, Vice-Chair yes
John Virginia, Chairman yes
Vote: 4 yes, 0 no, 1 absent; motion carried.
PUBLIC HEARING – BALDWINSVILLE FIRE DEPARTMENT
7461 State Fair Blvd., Baldwinsville, NY 13027 Tax Parcel ID #031.-10-4.4. PUD
Variance from Section 200-93J, signage
The public hearing opened at 8:20 p.m.
Mr. Virginia waived the reading of the public hearing
Mr. Richard Long, Chief of the Baldwinsville Fire Dept., was present to address the board.
Mr. Pringle stated that the site plan and signage were previously approved but that the applicant needed the variance because the proposed sign was 2 ft. over code. He also stated that the Town of Van Buren Planning Board had gone over this.
Mr. Virginia said that there was no recommendation from the Planning Board.
Mr. Virginia asked if the variance was for the sign only.
Mr. Spencer said yes.
Mr. Virginia stated that since the site plan was approved and there is a minimal variance for the sign area, than the variance could be approved tonight.
Mr. Virginia asked if the sign could be illuminated.
Mr. Pringle said that it could.
Mr. Virginia asked if anyone wanted to speak regarding the application.
Mr. Pringle spoke in favor of the Baldwinsville Fire Department, commenting on the department’s community service and their recruitment efforts.
Mr. Virginia closed the public hearing at 8:24 p.m.
Mrs. McBurney proposed the following resolution #Z-06-13:
Baldwinsville Fire Department applies for an area variance from provisions of Sections 200-93(J)(1) of the Town of Van Buren Code related to tax map property no.031-10-44, located at 7461 State Fair Boulevard in conjunction with the development of the parcel. The property is located in a PUD zoning district.
(1) This matter is unlisted under the State Environmental Quality Review Act. The Board appoints itself as lead agency for the uncoordinated review of this matter. As the application relates to an area variance as to the size of a freestanding sign, the Board finds that the proposal will have no potential adverse environmental impact, particularly with respect to water, drainage, air quality, soils or other matters of environmental significance.
(2) The variance for a mounted lettered sign at the property of 32 square feet is granted as it will not produce an undesirable change in character of the neighborhood, is not substantial given the nature of the site and its size and will not result in an adverse effect or impact of the physical environment or conditions in the neighborhood or district. Reference is hereby made to Applicant’s submittal dated May 18, 2006 for the approved setback and location of the sign.
Mr. Virginia seconded the resolution, there was no further discussion.
Roll Call Vote:
Robert Cleverley yes
James Bowes yes
Ronald Abold absent
Laura McBurney, Vice-Chair yes
John Virginia, Chairman yes
Vote: 4 yes, 0 no, 1 absent; motion carried
PUBLIC HEARING – VAN BUREN LODGING LLC
6947 Winchell Rd. Warners, NY Tax Parcel ID# 55-4-2.2 Industrial Zoning District
Variance from Section 200-92B (1), signage
The public hearing opened at 7:52 p.m.
Mr. Virginia waived the reading of the public hearing.
Kristen Stevens representing Plumley Engineering was present to address the Board.
Mr. Spencer stated that the signage has not had Town of Van Buren Planning Board review.
Mr. Virginia stated that no action will take place tonight.
Mrs. Stevens stated that they are allowed 194.1 sf. of signage and they are requesting 298.3 sf. They are asking for an increase of 104.23 sf.
Mr. Pringle stated that all signs will be on the building, two in the front, one on each side, and one above the entrance. The sign above the entrance would be 4’ x 6’4” and 7’ 7” x 12 for the other three.
Mr. Spencer asked if the signs would be illuminated.
Mrs. Stevens said that she believes that they will be.
Mrs. McBurney asked if the lighting plan was included.
Mrs. Stevens said that it was.
Mr. Virginia set the public hearing for July 17, 2006 and also stated that the applicant needed a recommendation from the Town of Van Buren Planning Board.
Mr. Pringle told Mrs. Stevens that she needed to have everything in by July, 10 2006 for the Planning Board meeting.
PUBLIC HEARING – JAMES AND DIANE OAD 100 Christopher Dr.
State Fair Blvd., Baldwinsville, NY Tax Parcel ID# 031-10-17.3
Variance from Section 200-47C and 200-16A (2) (b)
The public hearing opened at 8:33.m.
Mr. Virginia waived the reading of the public hearing.
Mr. Oad was present to address the Board.
Mr. Virginia was confused as to Section 200-16 A (2) (b), states the side yard has a minimum of twenty feet when the sketch shows one foot.
Mr. Virginia also said that in Section 200-47C states no access structure on vacant lot, meaning nothing else can be built there.
Mr. Oad replied that he was going to put a temporary structure, not permanent, that way it can be removed.
Mr. Virginia stated that this variance is contingent upon any structure being of a temporary nature and the said property shall be commonly owned parcels as shown of the attached three maps. Tax Parcel ID # for these parcels are Lot 1# 31.2 – 05 – 01, Lot 2# 31 – 10 - 17.3, and Lot 3 # 31.2 – 14 – 03.1
Mr. Virginia asked if anyone in the audience wanted to speak regarding the application. No one spoke.
Mr. Virginia closed the public hearing at 8:52 p.m.
Mrs. McBurney proposed the following resolution #Z-06-14:
James and Diane Oad, owners of 100 Christopher Drive (tax map #031-10-17.3), apply for a variance from Section 200-47(C) of the Zoning Ordinance for placement of a utility shed on an unimproved lot and for a variance from Section 200-16A(2)(b) for a side yard setback.. The property is located in an R-40 District.
Applicant submitted an application, agricultural data statement, notification of neighbors form, and a map of the property prepared by Alfred N. Ianuzi, dated July 8, 1997.
Applicants testified at the hearing regarding the proposed installation of the shed.
There was no opposition at the public hearing held on June 19, 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 property in question is immediately adjacent to an improved parcel owned by applicant known as Lot No. 769, Section J of the Seneca Knolls Tract. The Board determines the shed will not produce an undesirable change in the character of the neighborhood.
3. Certain benefits sought by applicant cannot be achieved by any other 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. The variances hereby granted shall be valid only so long as there is common ownership of the parcel in question and of the adjoining parcel (Lot No. 769). The variance for the side yard setback from 20’ to 10’ feet is hereby granted. This variance is contingent upon any structure being of a temporary nature and the said property shall be commonly owned parcels as shown on the three attached maps. The Tax Parcel ID# for Lot 1 with home is 031.2-05-01.0, Lot 2 with shed is 031-10-17.3, and Lot 3 is vacant adjoining land.
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.
ADJOURNMENT
Mrs. McBurney made a motion to adjourn the meeting to June 19, 2006, Mr. Virginia seconded the motion; motion carried. The meeting adjourned at 9:05 p.m.
Respectfully submitted,
(Transposed from Clerk’s notes)
Vera Cavallaro
Zoning Secretary
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