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 absent
Laura McBurney, Vice-Chair present
Also Present: Vera Cavallaro, Secretary
Ted Spencer, Attorney
MINUTES
Mrs. McBurney stated that on page 1 out should be changed to put and on page 6 of an inch should be added to 3/8. Minutes for the November 20, 2006 Regular Meeting were approved as amended.
Motion
Mr. Abold moved to accept the minutes as amended, seconded by Mr. Cleverly. There was no further discussion. Motion carried; unanimously.
The Board had a discussion about the January and February meeting dates because the normal days fall on holidays.
The Board decided that they will hold the January meeting on January 17, 2007 and the February meeting on February 21, 2007.
Mrs. McBurney discussed the Onondaga County Federation training that will be held on January 30, 2007. She advised the Board that if they would like to attend that they should let the secretary know and she also encouraged everyone to go.
The Board discussed the courses that are being offered at the training session.
Mrs. McBurney 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. David Wattam was present to address the Board.
Mrs. McBurney said that the Board was waiting for County comments which the Board did receive and the map which the applicant has provided.
Mr. Wattam said that there are three campers there and next year there will probably be two.
Mrs. McBurney read the County comments aloud.
Mrs. McBurney asked if anyone had any questions or comments.
Mr. Bowes asked Mr. Wattam if they were aware that the last paragraph of the County comments included comments about the driveways being a requirement from the County Department of Transportation.
Mr. Wattam said yes, part of the driveway is his and part of it is his neighbors and there is another one that is sort of a driveway.
Mrs. McBurney asked Mr. Wattam if the other driveway was being used.
Mr. Wattam said that he uses the one that is partly his neighbors to go into the one barn and he uses the other driveway to go out back.
Mr. Spencer said that what the applicant needs to be aware of is that is a County road and the County gets to approve where the driveways are located on the road so if either of those driveways have never been approved by the County some day the County can come out and say that whoever owned the property didn’t get a permit and they can shut the driveway down.
Mr. Abold said that those driveways have been there for 50 years and he can’t see the County saying anything.
The Board had a discussion about the driveway.
Mr. Bowes asked if the Board could clarify the statement that County made that says aerial photography shows two driveways on Bennetts Corners Rd. one of which is shared to the adjacent parcel to the north which must meet the requirements of the Onondaga County Department of Transportation. He asked if that was just the property to the north.
Mr. Spencer said literally that is what it says but quite frankly that paragraph is really of no use to this Board.
Mr. Bowes said that he doesn’t want to tell the applicant that they have to take care of two driveways when they should only have to take care of one.
Mr. Spencer said that it would only be one if that is what the applicant wanted to do and the letter states the obvious that the driveways are subject to the County DOT because it is a County road.
The Board had a discussion about the paragraph in the County comments about the driveway.
Mr. Wattam showed the Board the driveways on his survey map and discussed the County comments with the Board.
Mr. Abold said that the County can’t rip out an established driveway anyways.
Mr. Wattam said that there is only one driveway.
Mr. Bowes asked Mr. Wattam if they had any problem just using the north driveway.
Mr. Wattam said that he didn’t have a problem with that.
Mr. Spencer said that the other driveway is an internal driveway.
Mr. Wattam showed the internal driveway to the Board.
Mrs. McBurney asked if there were any other questions or comments.
Mrs. McBurney proposed the following resolution:
Resolution No. Z – 06 – 24:
David J. Wattam of 9609 Dunderry Heights, Baldwinsville, New York, applies for a Special Use Permit pursuant to Town of Van Buren Code Section 200-22(E)(1) to allow for an enclosed storage facility at 6629 Bennetts Corners Road.
The property is zoned RH and is know as tax map no. 047-02-15.0. In an RH District, an enclosed storage facility is a use allowed upon the grant of special permit by the ZBA.
Applicant has submitted, and the ZBA has reviewed, an application, agricultural data statement, notification to surrounding property owners of pending action and SEQRA short form environmental assessment form and survey map prepared by MWB Associates dated September 17, 1973.
Notice of a public hearing on the special permit and application was duly published. David Wattam spoke in favor of the application. There was no opposition to the proposed enclosed storage facility at the public hearing.
1. This matter is subject to the State Environmental Quality Review Act (SEQRA). The matter is unlisted. The Board appoints itself lead agency for the uncoordinated review of this matter and finds there will be no significant adverse impact on the environment as result of this action. The basis for this determination is the subject property, while located in a residential zone has adequate space and existing buildings to accommodate the proposed facility and the site in its present configuration has existed for over thirty years. Additionally, the proposed project posed no significant impacts on water, air, agricultural resources or community character and growth
and there will be minimal noise associated with the proposal.
2. A special use permit required pursuant to Code Section 200-22(E)(1) for the proposed use, which the Board finds is a self storage facility.
3. Pursuant to Section 200-26 of the Code, the Board finds the proposed special use satisfies the Town standards of review as follows:
a) As the proposed use is allowed in the zoning district by special permit, it is in compliance with the applicable intent and regulations of the Zoning Ordinance;
b) The proposed use is consistent with the long term development objectives of the area and is serviced by utilities necessary for the facility;
c) The scale and design of the proposed use has minimal effect on the surrounding area and will be visually compatible with the conditions of the site and surrounding properties; the proposed use relates to change only with respect to the interior of existing structures as depicted on the drawing submitted to the board by applicant at its meeting on December 2, 2006 (sketch imposed on September 17, 1975 survey map prepared by MWB Associates);
d) The proposed design of the site provided for efficient vehicular movement given the size of the site and its access to Bennetts Corners Road;
e) The site is adequately served by public utilities;
f) Drainage on the site will not be significantly affected by the proper use;
g) Regarding aesthetics, there will be no significant change to the area as a result of the proposed use; and it will be consistent with the existing structure; the submitted map indicates no changes to the open space at the property;
h) Emissions from the site will be minimal;
i) The open designated area (30’ x 50’) will contain no more than four trailers.
4. The Special Use Permit is granted pursuant to Code Section 200-22(E)(1) and all other applicable provisions of the Code, so as to allow for operation of an enclosed storage facility.
Dated: December 18, 2006
Mr. Abold moved to second 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: 4 yes, 0 no, 1 absent; motion carried.
Mr. Bowes told Mr. Wattam that if they decide to add more vehicles than they are going to have to come back in front of the Board.
Mr. Wattam said that he doesn’t plan on adding any more vehicles.
Mr. Abold said that the Board doesn’t want the applicant to have outdoor storage.
Mr. Wattam stated that he understands that.
The Board and the applicant had a discussion on how the property looks compared to before the applicant owned the property and about where the applicant currently lives now.
Mrs. McBurney asked the Board if there was any other business that they would like to discuss.
Mrs. McBurney said Merry Christmas and Happy New Year to everyone.
ADJOURNMENT
Mr. Abold made a motion to close the December Meeting, seconded by Mrs. McBurney; motion carried, unanimously. The meeting adjourned at 7:56 p.m.
Respectfully submitted,
Vera Cavallaro
Zoning Secretary
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