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 Cleverly                 present                         James Bowes                             present                         Ronald Abold                            present                         John Virginia, Chairman         present Laura McBurney, Vice-Chair              present Also Present:           Vera Cavallaro, Secretary                         Ted Spencer, Attorney                         David Pringle, Code Enforcement Officer                                                  MINUTES Mr. Virginia corrected a few typos found on pg. 7 and pg. 10. Motion         Ms. McBurney moved to accept the August minutes as amended, seconded by Mr. Virginia. There was no further discussion. Motion carried; unanimously RIVERIDGE DEVELOPMENT LLC River and Daboll Rd. Tax Map Parcel ID# 045-01-01.2 AR-80 Zoning District Mr. Virginia continued the Public Hearing for Riveridge Development LLC since they haven't been through the Planning Board yet. Mr. Virginia waived the reading of the Public Notices. BUZA 1076 Lynch Rd. Tax Map Parcel ID # 040-01-22.0 AR-80 Zoning District Variance from Section 200-45 Mr. Steve Buza was present to address the Board. Mr. Buza showed pictures to the Board of the old garage that is falling down currently on the property and they are looking to replace it. Mr. Virginia asked the size of the existing garage. Mr. Buza said 18.5ft by 24ft. Mr. Virginia said that the garage is currently 2.5ft off of the property line and they would like to move the garage out to 5ft off the east property line and 5ft off the north property line. Mr. Buza said that is correct. Mr. Spencer said from the survey map that is attached to the application it appears that the existing garage is located 2.5ft off the east property line so he doesn't know if the applicant intends on maintaining that location. Mr. Abold asked if they are planning on moving the garage back. Mr. Buza said that they are not going to be using the existing slab; they will be putting in a new one. The Board had a discussion about the applicant putting in a new slab 5ft off the north and east property line. Mr. Virginia said that the garage will be 24ft by 18.5ft with a 12ft by 12ft extension. The Board discussed the notification to surrounding property owners. Mr. Virginia asked if there was anyone in the audience that wanted to speak for or against this matter. Mr. Ruebsamen stated that Mr. Buza was a good and decent guy. Mr. Virginia asked again if anyone wanted to speak for or against this matter. Mr. Virginia closed the Public Hearing. Mr. Virginia proposed the following resolution: Z-07-18 David E. Vermilya and Cheryl A. Vermilya of 1076 Lynch Road seek an area variance from Section 200-45 of the Town of Van Buren Code related to the location of a proposed garage in the location of the existing garage.  The property is located in an AR-80 District and is identified as Tax Map parcel 040-01-22.0.   Mr. Steve Buza spoke in favor of the application and described the structure which is 24 feet by 18.5 feet with a 12 feet by 12 feet extension.  The proposed structure is to be located in the rear of the house approximately 5 feet from the east property line and 5 feet from the north yard line.  Mr. Buza explained in detail to the Board the physical limitations of the property based on topography and existing improvements.   There was no objection to the proposal at ZBA's public hearing, which was held on September 17, 2007 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 and garage on the property. 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 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.  There is no other apparent method to achieve the benefit the applicant wishes to obtain other than a variance and 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 measuring 24 feet long and 18.5 feet in width with a 12 feet by 12 feet extension in the rear of the existing house by 5 feet of the east and north property line in accordance with the map contained in the application packet.  Any additional structures shall require additional review and approvals. Ms. McBurney seconded the resolution. There was no further discussion. Resolution carried on a roll call vote that follows: Roll Call Vote:                         Aye     Nay     Other John Virginia           x       ___     _____    Robert Cleverley        x       ___     _____ Laura McBurney  x       ___     _____ Ronald Abold            x       ___     _____ James Bowes             x       ___     _____       MARTZ 229 Blanchard Blvd. Tax Map Parcel ID# 061-05-7.0 R-10 Zoning District Variance from Section 200-45 Ms. Gwen Martz was present to address the Board. Mr. Virginia asked if the applicant wanted to add a deck to the front of their house. Ms. Martz said yes, and that it is a concrete stoop now. Mr. Virginia said that they need a variance of 26ft from the road. Mr. Virginia asked if the deck was going to be 16' x 8' feet. Ms. Martz said yes. Mr. Virginia asked if anyone wished to speak for or against this matter. Mr. Virginia closed the Public Hearing. Ms. McBurney asked if the stairs would be going down on the side of the driveway. Ms. Martz said yes. Mr. Virginia proposed the following resolution: Z-07-17 Theodore C. Martz and Gwendolyn M. Martz of 229 Blanchard Blvd seek an area variance from Section 200-45 of the Town of Van Buren Code related to the location of a proposed front deck. The property is located in an R-10 District and is identified as Tax Map parcel 061-05-07.0.                 Mrs. Martz spoke in favor of the application and described the structure which is 16 feet by 8 feet. The proposed structure is to be located in front of the house approximately 26 feet from the road's right of way line. The front yard setback variance is required because the structure is to be located in front of the house by approximately 26 feet where the code requires 30 feet. Mrs. Martz explained in detail to the Board the physical limitations of her property based on topography and existing improvements.         There was no objection to the proposal at the ZBA's public hearing, which was held on September 17, 2007 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 and proposed deck on the property.         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 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. There is no other apparent method to achieve the benefit applicant wishes to obtain other than a variance and 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 deck measuring 16 feet long and 8 feet in width in front of the existing structure and 26 feet from the front property line in accordance with the map contained in the application packet. Any additional structures shall require additional review and approvals. 4.      The deck shall have no roof. Ms. McBurney seconded the resolution. There was no further discussion. Resolution carried on a roll call vote that follows: Roll Call Vote:                         Aye     Nay     Other John Virginia           x Robert Cleverly x Laura McBurney  x Ronald Abold            x James Bowes             x RUEBSAMEN 13 Waterfront Drive. Tax Map Parcel ID # 036-08-08 PUD Zoning District Variance from Section 200-45 Mr. David Ruebsamen was present to address the Board. The Board discussed the side yard setback since this is in a PUD zoning district. Mr. Virginia asked about the covenant that Eldan Homes has within this development and stated that the Board has a letter showing that Eldan Homes has approved the shed on the property. Ms. McBurney asked if they owned the property all the way to the river. Mr. Ruebsamen said that he believes so. Mr. Virginia asked if this property is in the 100 year flood plain. Mr. Ruebsamen said that he checked on that and he believes it is further to the west. Mr. Virginia asked if the shed was going to just sit on the ground or are they going to have a slab. Mr. Ruebsamen said that the shed is not going to be a permanent structure. Mr. Virginia explained the 100 year flood plain and buffer zone to the applicant. The Board discussed the water levels during the spring. Mr. Virginia asked if there was anyone that wanted to speak either for or against this matter. Mr. Virginia closed the Public Hearing. Ms. McBurney proposed the following resolution: Z-07-16 David W Ruebsamen of 13 Waterfront Drive seeks an area variance from Section 200-45 of the Town of Van Buren Code related to the front yard setback requirements for a proposed shed. The property is located in a PUD District and is identified as Tax Map parcel 036-08-08. Applicant proposes to construct a shed on the parcel down by the Seneca River. Mr. Ruebsamen's proposal provides for a 6 feet setback on the east side of his property.         Mr. Ruebsamen spoke in favor of the application. He described the plan and the circumstances under which the shed 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 showing the location of the house and proposed shed.         Based on the foregoing, the Board resolves as follows: 5.      This matter is Type II under SEQR as it involves an individual setback variance related to a single family residential use. 6.      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 shed will be located 6 feet from the east 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 the applicant outweighs any detriment to the neighborhood or community as a result of granting the variance. 7.      A Variance is granted to allow for the location of a shed with an east side setback of 6 feet. Mr. Virginia seconded the resolution. There was no further discussion. Resolution carried on a roll call vote that follows: Roll Call Vote:                         Aye     Nay     Other John Virginia           x Robert Cleverly x Laura McBurney  x Ronald Abold            x James Bowes             x WARNER New State Route 31 Tax Map Parcel ID# 032-01-06.0 "       Interpretation of Section 200-39 B (front yard exceptions) Mr. Virginia read Town Code Section 200-9 "front yard" definition for the Board's information. Mr. Virginia said that in this case if the building line setback is 60ft, the building line would actually be 260ft from the street line since this is a flag lot. Mr. Spencer said yes, because the access portion of that flag lot is 200ft deep so at that point they would begin to measure their front yard setback and for the AR-80 district it would require 60ft from the point where the lot widens out and becomes a real lot. Mr. Virginia proposed the following interpretation: Scott Warner of 1605 Kingdom Road has requested an interpretation of the code relative to establishing his Front Building Line for a flag lot located at New York Route 31, tax map parcel 032-01-06. The property is located in an AR-80 district.         The front portion of the lot measures 115 feet wide at the road and extends back 200 feet. At this point the parcel widens out to 404 feet and becomes the "regular portion of the lot" under the code's "front yard" definition. At a depth of 275 feet measured from the road the parcel widens out to approximately 750 feet. The parcel measures approximately 10.88 acres but its utilization is limited by NYS wetlands.         On either side of the front portion of the lot there are existing lots that measure 200 feet in depth. Under the code the "front yard" for a flag lot is defined as the unoccupied area between the building line and the point at which the access portion of the lot merges with the regular portion. The "front building line" is defined as the face of the structure nearest the front building line. In an AR-80 district the code requires a front yard set back of 60 feet for a principal structure.         Applying the code's definitions the front building line for this lot would need to be established 260 feet from the road line at a point 60 feet into the "regular portion" of the parcel. In order to build a structure closer that 260 feet to the road line a variance would be required. Ms. McBurney seconded the Interpretation. There was no further discussion. Resolution carried on a roll call vote that follows: Roll Call Vote:                         Aye     Nay     Other John Virginia           x Robert Cleverly x Laura McBurney  x Ronald Abold            x James Bowes             x ADJOURNMENT Mr. Virginia made a motion to close the September Meeting, seconded by Mrs. McBurney; motion carried, unanimously. The meeting adjourned at 8:20 p.m. Respectfully submitted, Vera Cavallaro Zoning Secretary