Van Buren, NY - July 2009 ZBA Minutes

July 2009 ZBA Minutes


	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 Joseph Kiselica absent John Virginia, Chairman present Laura McBurney, Vice-Chair present Also Present: Vera Cavallaro, Secretary Brad Hunt, Attorney Patricia Dickman, Town Board Member MINUTES Minutes were approved as amended. Motion Ms. McBurney moved to accept the June minutes as amended, seconded by Mr. Bowes. There was no further discussion. Motion carried; unanimously FERNANDEZ 3376 Stiles Rd. Tax Map Parcel ID#056-01-18 Mr. Virginia closed the public hearing due to the applicant withdrawing the application. KLEAKA Commane Rd Tax Map Parcel ID# 037-01-49 and 037-01-47 Mr. John Kleaka was present to address the Board. Mr. Kleaka said they would like to build a house on the property and have the porch 12ft away from the river. The Board discussed the dimensions of the property and the average distance of the neighboring properties current setbacks. The Board and the applicant discussed the survey the applicant submitted. The applicant submitted aerial photographs to the Board showing the parcel and surrounding parcels. The Board and the applicant discussed the parcel being 6 feet above the river. Mr. Bowes asked the applicant the reason why the house can’t be moved farther away from the river. Mr. Kleaka said he was going to put the house at an average of the surrounding homes and because of the septic system. Mr. Virginia said if the applicant would like to go farther away from the river they can but they will not be able to go any closer than what the variance allows. Mr. Virginia asked if there was anyone that wished to speak either for or against the proposal. Ms. Dickman said the properties that are all along the river used to be cottages and summer homes but now many are year round homes, if the Board looks along the whole string of properties she can picture one that is maybe 40 or 50ft back from the river. Almost every single home is up close and if this home were set back farther not only would it be a septic problem but it would be also a sight problem as far as taking advantage of the river views. She believes the applicants have tried to put a lot of thought into this and Mr. Vendetti who did the survey and Mr. White have been a tremendous help with laying this out. The applicants purposely did talk to both neighbors that are on either side of this property and neither neighbor had a problem so she feels that it is appropriate. Mr. Virginia said the aerial pictures helped. Ms. Dickman said she is glad to have someone come from Utica and relocate in Baldwinsville. Mr. Ovid White said that he has lived on Commane Rd for over 60 years and the property has never flooded and it is also above the floodway. Mr. Virginia closed the public hearing at 7:50pm. Mr. Virginia asked the Board to entertain the following resolution: John A. Kleaka of 1200 Kiniry St., Utica, NY 13501 seeks area variances from Section 200-45 of the Town of Van Buren Code related to the front yard, and side yard setback requirements for a proposed house and attached garage to be located at his property. The property is located in an R-40 District and is identified as Tax Map parcel 037-01-47 and 037-01-49. The Code requires the following setbacks for the principal structure: front - 50 feet, and side 20 feet. Mr. Kleaka’s proposal provides for the following: for the principal structure, a front yard setback of 12 feet and a side yard setback of 12 feet. Mr. Kleaka spoke in favor of the application. He described the plan and the circumstances under which the structure is to be constructed. In support of the application, applicant submitted an Application for Variance, Agricultural Data Statement, Notice to Surrounding Property Owners and a survey map prepared by George Venditti showing the location of the proposed structure. Based on the foregoing, the Board resolves as follows: 1. This matter is Type II under SEQR as it involves individual setback 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 structure will be located 12 feet from the south side property line and 12 feet from the front property line. 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 variance. 3. Variances are granted to allow for the location of a house (measuring approximately 40’x 68’) with a south side yard setback of 12 feet and front yard setback at 12 feet. 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 ___ _____ Robert Cleverly ___ _____ Laura McBurney ___ _____ Joseph Kiselica ___ ___ James Bowes ___ _____ QUAKER STEAK AND LUBE 3535 Walters Rd. Tax Map Parcel ID# 055-03-07 No one was present to address the Board for Quaker Steak and Lube. Mr. Virginia read the Planning Board‘s negative recommendation aloud. Mr. Virginia said the Board received a recommendation from the Onondaga County Planning Board that stated that the application was incomplete due to the applicant not completing and supplying an Environmental Assessment Form. Mr. Virginia asked if there was anyone that wished to speak either for or against this proposal. Mr. Tyo said the music is extraordinarily loud and the other problem is the motorcycles and he has noticed more recently the police have been patrolling quite a bit but they moved into the area thinking it was quiet and any other day besides Wednesdays the noise is very minimal. Ms. Tyo asked if Quaker Steak and Lube could have outdoor music anytime the restaurant wants if the special use permit is granted. Mr. Virginia said it would only be for the nights that were asked for and until 11pm. Mr. Virginia said the restaurant will have to apply again if they want outdoor music and it would have to go through the Planning Board and possibly back to the Town and Zoning Board because at the moment the restaurant does not have any approvals for outdoor entertainment. Mr. Slate said the restaurant has an outdoor grandstand and has been gearing up for this outdoor entertainment so it makes residents wonder when they drive by as to what is going on into the future. Mr. Slate said he appreciated getting the notice in the mail for the public hearing because they would not know what was going on if it weren’t for the notice. Mr. Virginia closed the public hearing. Ms. McBurney proposed the following resolution: Quaker Steak & Lube of 3535 Walters Road, Syracuse, NY 13209, applies for a Special Use Permit pursuant to Town of Van Buren Code Section 200-22 to allow for outdoor recreation as a second use at 3535 Walters Road. The property is zoned IND and is known as tax map no. 055-04-02.7. Applicant has submitted, and the ZBA has reviewed an application and notification to surrounding property owners of pending action. No additional details have been submitted by applicant to address the proposed site layout and sound system. The Onondaga County Planning Board determined that the referral was incomplete due to no EAF form completed dated July 14, 2009. The Van Buren Planning Board has issued a negative recommendation because of potential noise and sound issues. Notice of a public hearing on the special permit and application was duly published. Based on the above referenced documents, and available information received by the ZBA at the public hearing, the Board resolves as follows: The application for a special permit is denied based on insufficient information being submitted to the ZBA in order to make an informed decision. Mr. Virginia seconded the resolution. There were no further comments. Resolution carried on a roll call vote that follows: Aye Nay Other John Virginia ___ _____ Robert Cleverly ___ _____ Laura McBurney ___ _____ Joseph Kiselica ___ ___ James Bowes ___ _____ ADJOURNMENT Mr. Virginia made a motion to close the July Meeting, seconded by Ms. McBurney, motion carried, unanimously. The meeting adjourned at 8:16 p.m. Respectfully submitted, Vera Cavallaro Zoning Secretary