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
David Pringle, Codes Enforcement Officer
Ted Spencer, Attorney
MINUTES
Minutes for the October 16, 2006 Regular Meeting and the October 30, 2006 Special Meeting were approved as published.
Motion
Mrs. McBurney moved to accept the minutes as published, seconded by Mr. Abold. There was no further discussion. Motion carried; unanimously.
Mr. Virginia told Mr. Wattam that the Board could not act on their application this evening because it had to be sent to County to be reviewed and that there is a couple things missing on the Agricultural Data Statement. The applicant answered yes to items A and B therefore they have to continue of through D – H and that has to be done before it can be sent to County. The short environmental assessment form also has to be filled out.
Mr. Wattam said that it was all new to him and that he wasn’t sure on what to put on there.
Mr. Virginia asked Ms. Cavallaro to assist Mr. Wattam in completing D, E, F, and G on page 2.
Mr. Wattam stated that he didn’t know what to put on there; he thinks it may be the Snow property but he is not sure who farms it.
Mr. Virginia stated that the applicant can get help filling it out at the Codes office.
Mr. Pringle stated that he believes the assessor would have that information.
Mr. Virginia stated that they have to be filled out properly or the County will not accept them.
Mr. Spencer said that there is probably a folder from the applicants’ prior application that was withdrawn when Mr. Farrell was representing him and they were asking for a declaration of a non-conforming use or use variance.
Mr. Virginia said that was informational and that he does not believe that was a Public Hearing.
Mr. Pringle said that the information may have been provided.
Mr. Virginia opened the Public Hearing for David Wattam at 7:35p.m.
SPECIAL USE PERMIT – DAVID WATTAM
6629 Bennetts Corners Rd. Tax Map Parcel ID # 047-02-15 RH Zoning District
Special Use Permit Section 200-21 (E) (1)
Mr. Virginia asked the secretary to read the Public Notice.
Ms. Cavallaro read the Public Notice aloud.
Mr. David Wattam was present to address the Board.
Mr. Virginia asked Mr. Wattam if the property has been cited by the Codes Officer for outdoor storage.
Mr. Pringle said that Mr. Wattam was cited for the use of the property which at the time was not allowed. Since then the Town has changed the zoning. The use is permitted there, now the applicant is allowed to get a Special Use Permit for closed storage.
Mr. Virginia said yes but he understands that the applicant has vehicles stored outside.
Mr. Wattam said that he has three camping trailers, two of them are his and one is his brother in laws.
Mr. Virginia said that the outdoor storage is not allowed in this district whatsoever and that is per the Town Code.
Mr. Wattam asked why other people were allowed to have them.
Mr. Virginia said if they are not in the Hamlet it can be allowed but in the Hamlet it is not allowed.
Mr. Pringle said that if the applicant lived there then they could have it, it is because they don’t live there.
Mr. Wattam said that he doesn’t have any place to put them and that is why he bought the property.
Mr. Virginia asked why the applicant doesn’t put the trailers in the barn.
Mr. Wattam said that he can’t fit a 40ft 5th wheel in there because the doors aren’t tall enough.
Mr. Virginia said he didn’t know and showed Mr. Wattam the Town Code that doesn’t allow it.
Mr. Pringle said that if the applicant just wanted to leave the campers outside then the applicant doesn’t need a Special Use Permit but the applicant can’t do the self storage business that they are doing inside the building. They can have one or the other but they can’t have both.
Mr. Wattam said that they are licensed trailers, his own trailers. That is the only thing that is out side and they are only there from October thru May.
Mr. Pringle said that is up to the Board, if the Board wants to allow the applicant to keep their own campers there.
Mr. Wattam said that the trailers can only be seen coming over the hill, they are covered up and they’re not junk.
Mr. Spencer said that he looked at the map that was submitted and it doesn’t show anything outside.
Mr. Virginia said that the map just shows the building and the applicant has the trailers out back in the L shape that is on the map.
Mr. Pringle said that the applicant has admitted that they are the applicants’ own camping trailers.
Mr. Spencer said the Board needs a map that locates whatever is there.
Mr. Virginia said that the applicant has to come back next month.
Mr. Virginia asked Mr. Wattam to add the camping trailers to the map and where they are located on the survey map.
Mr. Wattam asked if he drew them in would that be ok.
Mr. Virginia said yes.
Mr. Abold asked Mr. Pringle that even though the applicant doesn’t live there if they are still allowed two vehicles.
Mr. Pringle said camping trailers and RV campers don’t fall under the motor vehicle law, so that doesn’t apply to what the applicant wants to do. In other words the Board can’t let the applicant have other people bring their campers to store out there. If the applicant just wants to keep their own there, family, and the Board has no problem they could limit that.
Mr. Virginia and the Board had a discussion about what is considered family.
Mr. Virginia said that the Board would consider it as long as the applicant is not charging a fee. Any outdoor storage or wholesaling for a business will not be allowed.
Mr. Abold said that he would like to limit even vehicles of family members so that the applicant doesn’t have three boats, three campers and snow mobile trailers.
Mr. Wattam said that he doesn’t have any boats or anything like that.
Mr. Abold said for the future.
Mr. Pringle said that the applicant could park those inside but the big campers won’t fit inside.
Mr. Virginia said what the Board can do when the applicant comes back with the new map identifying those campers, they can limit that if that is the Board’s pleasure, the Board can limit it to those three.
Mr. Abold said that’s fine.
Mr. Wattam said that they can’t be seen from the road and the only time they can be seen is when someone is coming over the hill.
Mr. Abold said that it is a big piece of property and the Board could limit it to five and just family members.
The Board and the applicant had a discussion about what they could limit the number of vehicles to.
Mr. Virginia told the applicant when they bring the map back they need to show the area with dimensions such as the length and width of the area in which the trailers will be stored.
Mr. Wattam asked if he put a lean-to on the building and stored the trailers under it then what.
Mr. Bowes said that it would still be considered outdoor storage if there isn’t any walls to it.
Mr. Wattam said that he could put a lean-to with a wall down and then no one would see them.
Mr. Abold said than he would consider it as indoor storage but he doesn’t think the applicant is going to have a problem as long as the Board puts limits to it.
Mr. Virginia said unfortunately this has to go to County and the Board can’t make a decision.
Mr. Pringle said that a SEQR form is on file so the applicant doesn’t have to do that.
Mr. Spencer said that there was one filed with the old application, it should just be reviewed and resigned by the applicant.
Mr. Virginia asked the secretary if she could speak with the tax assessor to see what properties are located around the applicant’s and explained what was missing from the application that needed to be filled in.
Mr. Pringle stated that the County wants to know if it is being farmed and by who.
The Board and the applicant had a discussion about who was farming the property.
Mr. Virginia asked if anyone else wanted to speak to this matter.
Mr. Virginia and the Board explained to the applicant what they needed to bring in for next month’s meeting.
Mr. Spencer said that the map that he has is dated 1975 and asked the applicant if the map was still accurate.
Mr. Virginia said that he believes that it is.
Mr. Wattam said that nothing has changed on it.
Mr. Wattam asked about getting the signatures of the neighbor’s.
Mr. Pringle said that it is an agricultural law that says that those people have to get notified of what the applicant is doing.
The Board had a discussion about what day the County meeting was being held.
Mr. Virginia told the applicant that if it didn’t get down to County by the 30th it would take until January.
Mr. Virginia continued the Public Hearing until December 18, 2006 at 7:33p.m.
Mr. Virginia opened the Public Hearing for Arcuri Construction Co.
VARIANCE – ARCURI CONSTRUCTION CO. INC.
302 Snowdale Tax Map Parcel ID # 062-01-27 R-10 Zoning District
Variance from Section 200-45
Mr. Virginia asked the secretary to read the Public Notice.
Ms. Cavallaro read the Public Notice aloud.
Mr. Salvatore Arcuri Jr. was present to address the Board.
Mr. Virginia asked the applicant if they want to build a garage for Mr. Harke.
Mr. Arcuri Jr. said yes.
Mr. Virginia asked if the garage was going to be 19’ x 20ft.
Mr. Arcuri Jr. said yes.
Mr. Virginia asked if they were adding an open porch to the front of the house.
Mr. Arcuri Jr. said yes.
Mr. Virginia stated that they needed a side and front yard variance and the agricultural data statement needs to be signed by the owner.
Ms. Cavallaro informed the Board that Mr. Arcuri has permission to sign for the applicant.
Mr. Pringle said that the homeowner signed a letter that allows Mr. Arcuri to sign in place of the homeowner.
Mr. Virginia said that the garage is going to be roughly 3.4ft off of the side yard and the porch will encroach by .22
Mr. Pringle said yes the applicant was coming in for the garage and was going to try to do the porch and he told the applicant if they were already coming in to do the garage that they might as well add the porch to the variance also and then everything would be legal.
Mr. Virginia said instead of taking 3/8 of an inch off the porch to make it fit.
Mr. Virginia asked if the property was located in Seneca Knolls.
Mr. Arcuri Jr. said yes.
Mr. Virginia asked how close the neighbor’s house was to the fence.
Mr. Pringle said that it was a corner lot, and it is a pretty good size lot for Seneca Knolls.
Mr. Arcuri Jr. said that the neighbor’s signed the paper saying that they were ok with it.
Mrs. McBurney said that the two neighbors that signed are on Snowdale Dr. and the neighbor that backs up to this property is a Ressiguie Dr. so the Board doesn’t even have the neighbor that they are concerned about.
Mr. Virginia asked Mr. Pringle how far he would say the house is off the fence, a ballpark figure.
Mr. Pringle said that if it built to code the side yard of the house is 10ft off the line.
Mr. Virginia asked about rear yard since it is the neighbor’s rear yard that abuts the property.
Mr. Pringle said 35ft.
Mr. Pringle said that he wonders why the property owner on Ressiguie didn’t sign.
Mr. Virginia said that it might not have gone to them.
Mr. Bowes asked if there was a fence up right now.
Mr. Virginia said that the people that have signed are the people that are across the street.
Mr. Pringle said the Snowdale Park is on one side of the property.
Mr. Virginia said that the total side yard setback would be 14.37 which would be a 3.4ft setback and the front would be 29.78.
The Board had a discussion about the agricultural data statement since it hasn’t been signed.
Mr. Pringle stated that he could have the applicant sign it when they came in to get their building permit.
Mr. Virginia asked the Board if they had any question for the applicant.
Mr. Virginia asked Mr. Spencer if there was problem with going forward and getting the Agricultural data statement signed when they came in to get the permit.
Mr. Spencer said that he didn’t have any problem with that.
Mr. Salvatore Arcuri who was running late took the place of his son Mr. Arcuri Jr.
Mr. Virginia told Mr. Arcuri that the agricultural data statement needed to be signed before they leave for tonight and that the Board has gone over everything before they got there so they are going to wind up with a 3.4ft variance off the side yard and 28.78ft off the front.
Mr. Virginia asked Mr. Arcuri if they wanted to add anything.
Mr. Arcuri said no that it is just an ordinary garage and porch.
Mr. Virginia asked if anyone else had any other comments.
Mr. Virginia closed the Public Hearing at 8:00p.m.
Mrs. McBurney proposed the following resolution: Z-06-23
Arcuri Construction Co. Inc., on behalf of Fred Harke of 302 Snowdale Drive seeks an area variance from Section 200-45 of the Town of Van Buren Code related to the setback requirements for a proposed garage and front porch. The property is located in an R-10 District and is identified as Tax Map parcel 062-01-27. Applicant proposes to construct a garage on the parcel and to replace an existing front porch. The Zoning Code requires a minimum of 10 feet for each side yard setback, a total side yard setback of 25 feet and 30 feet for the front yard setback in an R-10 District. Mr. Harke’s proposal provides for a 3.4 feet setback on the east side of his house, a total side yard setback of 14.37 feet and a front yard setback of 29.78 feet.
Mr. Salvatore Arcuri spoke in favor of the application. He described the plan and the circumstances under which the garage and porch are 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 showing the location of the porch and garage.
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 3.4 feet from the side property line and the porch will be 29.78 feet from the front yard line. Due to the lot’s topography, size, existing improvements 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 effect 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 an east side yard setback of 3.4 feet, a total side yard setback of 14.37 feet and a porch with a front yard setback of 29.78 feet. dated November 20, 2006
Mr. Cleverly seconded the resolution, there was no further discussion.
Roll Call Vote:
Aye Nay Other
John Virginia v
Robert Cleverly v
Laura McBurney v
Ronald Abold v
James Bowes v
Vote: 5 yes, 0 no, 0 absent; motion carried
OTHER BUSINESS
Mr. Pringle said that he left the Board a pamphlet for the new law on training, the Town Board is going to set the requirements of what they would like to see Board members get trained in and he thinks the Board is just going to adopt what County Planning has.
Mr. Virginia asked if that was the same one that the Board has been going to.
Mr. Pringle said or anything that is related to that or anything in their jobs that they pick up might qualify for it. It is four hours a year and all Board members are required starting at the first of the year.
Mr. Virginia said that he thinks it is a good policy, it is tough on people who work he has to take vacation to do it but he gets it done.
Mr. Virginia asked if the Town Board sets the minimum.
Mr. Pringle said that the State sets the minimum of four hours but State says that the local Board has to determine what can qualify for the four hours.
Mr. Bowes asked if there was an online program that would qualify.
Mr. Pringle said that he thinks that there is.
The Board had a discussion about qualifying programs.
Mr. Spencer offered to give the Board more information on different programs.
Mr. Pringle told the Board that if there is a charge that the Board should notify him of it because he budgeted training money for the Board members. The Board will get reimbursed for anything that is related to training.
The Board talked about the training that the County offers and if certificates are given out after the training.
OTHER BUSINESS
Mr. Pringle informed the Board that the Planning Board was going to have a going away/retirement party for Norma Goodman and Dennis Baldwin at the next Planning Board meeting which is on December 4th and the Planning Board will be having that first if anyone would like to come.
OTHER BUSINESS
Mr. Abold asked Mr. Pringle about property owned by Mr. Artese, he was wondering why the trailers were still there.
Mr. Pringle said that they were supposed to go to trial last Friday and they reached a plea agreement and Mr. Artese has asked for a time frame to get rid of all the junk, cars, and trailers which Mr. Artese agreed to. Mr. Artese also paid the fine.
The Board had a discussion about the Artese property and the plea agreement.
ADJOURNMENT
Mrs. McBurney made a motion to close the November Meeting, seconded by Mr. Abold; motion carried, unanimously. The meeting adjourned at 8:10 p.m.
Respectfully submitted,
Vera Cavallaro
Zoning Secretary
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