The Special 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: Vera Cavallaro, Secretary
Brad Hunt, Attorney
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 7:32 p.m.
Ms. Kristin Stephens representing Plumley Engineering was present to address the Board.
Mrs. Stephens stated that they are allowed 194.1sf. of signage and they are requesting 298.3sf. They are asking for an increase of 104.23sf. She also let the board know that the Planning Board had given them a positive recommendation.
Mr. Virginia read the variance request for Van Buren Lodging, LLC.
Mr. Virginia said that the Board has looked this over and asked if anyone on the Board had any questions. He asked if anyone wanted to speak in favor of the applicant. He asked if anyone wanted to speak against it.
Mr. Virginia closed the Public Hearing at 7:36.
Mr. Virginia proposed the following resolution #Z-06-15:
Van Buren Lodging, LLC applies for an area variance from provisions of Sections 200-92(B)(1) of the Town of Van Buren Code with respect to signage related to tax map property no.055-04-02.2, located at 6947 Winchell Road in conjunction with the development of the parcel. The property is located in an Industrial A zoning district.
Applicant has submitted the following information which the Board has reviewed: Application; agricultural data statement; statement of proposed signage and details for its various signs.
Applicant has requested a variance from the Code as follows:
(a) Section 200-92(B)(1) for total signage located at the property, where the Code sets a limit of 194.1 square feet and applicant proposes 298.33 square feet.
Kristin Stephens, Plumley Engineering was present to address the Board. There was no opposition to the application at the public hearing. Based on the submissions of Applicant and testimony presented at the public hearing, the Board resolved as follows:
(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 total signage, 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 total signage at the property of 298.33 square feet is granted as it will not produce an undesirable change in character of the neighborhood (zoned as Industrial A), 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 “Landscape and Signage Plan” dated April 1, 2005, Drawing No. L-1 for the approved setback and location of the signage.
(3) Any subsequent changes to the signs, including changes necessitated by change in ownership, would require submission to and approval of the Zoning Board of Appeals dated July 31, 2006.
Mrs. McBurney seconded the resolution, there was no further discussion.
Roll Call Vote:
Mr. Cleverley yes
Mr. Bowes yes
Mr. Abold yes
Mrs. McBurney, Vice-Chair yes
Mr. Virginia, Chairman yes
Vote: 5 yes, 0 no, 0 absent; motion carried
CONTINUED PUBLIC HEARING – WALGREENS
2229 & 2231 Downer St., Tax Parcel ID #’s 34.-03-10.1 & 034-03-12.0
Variance from Section #200-28B(3) rear yard abutting setback, Section 3200-65B(7) parking, #200-93J(2) signage.
Special Use Permit #200-69 to allow drive-thru.
Mr. Neil Germaine and Mr. Rick Marr were present to address the Board.
Mr. Germaine stated that they did not have much to add other than what the Board already has.
Mr. Virginia said that they were given a positive recommendation from the Planning Board.
Mr. Virginia said that he didn’t have any questions and asked the Board if they had any questions on the two lane drive thru window, reduced parking area, rear yard setbacks, or increasing the free standing sign from 20sf to 91sf.
Mr. Virginia told Mr. Marr that he knew the Planning Board had changes for the reader board although there was no recommendation on it. One of the conditions on the reader board sign will be that it can only change a maximum of one change per business hour.
Mrs. McBurney asked if there was normally a message up through out the night.
Mr. Marr said that they could have the reader board shut off at night especially if there are residential neighbors, but they would like to keep it on if there is not.
Mr. Virginia stated that they didn’t say they would have to shut it off, the resolution states one change per business hour. It doesn’t state that they have to turn it off.
Mrs. McBurney said that whatever message is the last one up can stay up all night it just can not change.
Mr. Marr said that means no change during store closure hours.
Mr. Virginia said exactly, that the Board doesn’t want it to change during the middle of the night. He said that there is a lot of traffic running through there and the intersection has enough problems as it is.
Mr. Virginia asked if there was any who wanted to speak to this matter, he asked if anyone wanted to speak against it.
Mr. Virginia closed the Public Hearing at 7:43p.m.
Mr. Virginia proposed the following resolution #Z-06-16:
HDL Properties Group, LLC of 7085 Manlius Center Road, East Syracuse, NY 13057 seeks area variances from Section 200-28 B(3), 200-65B(7) and 200-93J(2) of the Town of Van Buren Code related to the rear yard setback, parking and signage requirements for a Walgreens drug store to be located at the intersection of Downer Street and Crego Road. The property is located in a Local Business District and is identified as Tax Map parcel 034-03-10.1.
Rick Marr and Brian Donovan spoke in favor of the application. They described the plan and the circumstances under which the Walgreens is to be constructed. The proposal includes 58 parking spaces where the Code calls for 106 (Section 200-65B(7)), a rear yard setback of 43 feet where the Code calls for 50 feet (Section 200-28B(3)) and a free standing sign of 91 square feet where the Code allows for 20 square feet (Section 93J(2)).
By resolution dated May 16, 2006, the Onondaga County Planning Board determined that this application required additional documentation and requested an extension of time to consider it; otherwise it recommended disapproval of the application. The Onondaga County Planning Board requested a traffic study, which Walgreen’s completed and they also offered comments on Downer St. (Rt 31) corridor study which will look at issues such as traffic safety and mobility, access management and sidewalks. That will be taken up by the Planning Board and requires no action from the Zoning Board.
In support of the application, applicant submitted an Application for Variance, Agricultural Data Statement, proposed site plan prepared by Dunn & Sgromo Engineers showing the location of the improvements.
Based on the foregoing, the Board resolves as follows:
1. This matter is unlisted under SEQR; upon a review of applicant’s Environmental Assessment Form and site plan materials it is determined that the requested variances will not result in any significant adverse environmental impact.
2. It is determined the requested variances will not produce any undesirable change in the character of the local business neighborhood and will not be a detriment to nearby properties. The proposed site plan provides for efficient utilization of the site for its use as a drugstore with drive thru. 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 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 as follows:
a) A rear yard setback variance is granted to allow for a 43 feet rear yard setback.
b) A variance as to the required number of parking spaces is granted to allow for a minimum number of 58 parking spaces.
c) A variance is granted as to the size of applicant’s free standing sign to permit a sign measuring 91 square feet as depicted in applicant’s rendition prepared by Harmony Design Group labeled “Proposed Monument Sign”.
d ) Reader Board sign shall change a maximum change of one change per hour during business hours.
4. Each variance is conditioned on and subject to Applicant obtaining Final Site Plan approval from the Town of Van Buren Planning Board. Dated July 31, 2006.
Mr. Bowes seconded the motion, there was no further discussion
Roll Call Vote:
Mr. Cleverley yes
Mr. Bowes yes
Mr. Abold yes
Mrs. McBurney, Vice-Chair yes
Mr. Virginia, Chairman yes
Vote: 5 yes, 0 no, 0 absent; motion carried
Mr. Virginia asked to hear the resolution for the Special Use Permit.
Mrs. McBurney proposed the following resolution #Z-06-17:
HDL Property Group, LLC of 7085 Manlius Center Road, East Syracuse, NY 13057 applies for a Special Use Permit on behalf of Walgreens, pursuant to Town of Van Buren Code 200-69 and 200-108(A) for establishing a drive thru at a proposed Walgreens drug store located at the intersection of Downer Street and Crego Road. The property involved is zoned Local Business and is commonly known as Tax Map No. 34-03-10.1.
Applicant submitted an application to the Zoning Board of Appeals, dated March 26, 2006, an Agricultural Data Statement, and proposed site plan for Walgreens, prepared by Dunn and Sgromo dated May 6, 2006 depicting the location of the proposed drive through.
By resolution dated May 16, 2006, the Onondaga County Planning Board determined that this application required additional documentation and requested an extension of time to consider it; otherwise it recommended disapproval of the application. The Onondaga County Planning Board requested a traffic study, which Walgreen’s completed and they also offered comments on Downer St. (Route 31) corridor study which will look at issues such as traffic safety and mobility, access management and sidewalks. That will be taken up by the Planning Board and requires no action from the Zoning Board.
Notice of a Public Hearing on the Special Permit Application was duly published. Rick Marr and Brian Donovan 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 a Local Business zone. The well-established character of the area will not change by reason of the development. 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. The proposed plans
provide for a storm water management plan which, subject to the approval of the Planning Board and Town Engineer, addresses drainage issues. From the perspective of visual impact, the proposed development of a Walgreens Drive thru is keeping with the character of the area and will not significantly alter the visual context of the area.
2. A Special Permit is required pursuant to Code Section 200-69 and 200-108(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 use 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, which include a variety of commercial uses.
c. Necessary public facilities are already available to the site. The scale and design of the use is in compliance with Town coverage requirements and will be visually compatible with conditions of the site and surrounding properties.
d. The design of the site provides for efficient vehicular movement.
e. The site is adequately served by public utilities.
f. Drainage on the site will be reviewed and approved by the Town Engineer.
g. Regarding aesthetics, the proposed development is consistent with other Local Business development in the Town and proposes the use of compatible building materials, non-intrusive lighting and signage that meets with Town approval. As a result, if will have minimal adverse visual effects on the area.
h. Emissions from the site will be minimal and directed away from surrounding properties.
4. The Special Permit is granted for the proposed use pursuant to Code Section 200-69, subject to the conditions below, so as to allow for construction of a drive thru at the Walgreens drug store. This approval is limited to use only for a drug store with a drive thru and is not an approval of the physical layout or site plan proposed.
5. Conditions to the grant of the Special Permit are as follows:
(1) Final site plan approval by the Town’s Planning Board. dated July 31, 2006
Mr. Virginia seconded the motion, there was no other discussion.
Roll Call Vote:
Mr. Cleverley yes
Mr. Bowes yes
Mr. Abold yes
Mrs. McBurney, Vice-Chair yes
Mr. Virginia, Chairman yes
Vote: 5 yes, 0 no, 0 absent; motion carried
ADJOURNMENT
Mr. Virginia made a motion to adjourn the meeting to September 11, 2006, seconded by Mr. Bowes; motion carried. The meeting adjourned at 8:00 p.m.
Respectfully submitted,
Vera Cavallaro
Zoning Secretary
| 
