Van Buren, NY - August 2009 ZBA Minutes

August 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 present John Virginia, Chairman present Laura McBurney, Vice-Chair present Also Present: Rebecca Koegel, Deputy Town Clerk Fred Marty, Attorney MINUTES Minutes were approved as amended. Motion Ms. McBurney moved to accept the July minutes as amended, seconded by Mr. Cleverly. There was no further discussion. Motion carried; unanimously ELDAN HOMES – INTERPRETATION Mr. James Bondur was present to address the Board. Mr. Virginia asked if the sign was discussed at the Planning Board. Mr. Bondur said yes and the Planning Board told the applicant to apply for a variance to put the sign off the property that they own and he couldn’t convince the Planning Board that was not the correct way so they decided to come ask for an interpretation before the Planning Board’s next meeting so he could go back to the Planning Board with some kind of direction. The Board and the applicant discussed the sections of the Code that states that off premise signs are prohibited. Mr. Bondur asked about the Ryan Homes sign that is currently in place and asked how Ryan Homes received permission for their signs if the signs are prohibited. Mr. Virginia said it is possible that Ryan Homes received Planning Board approval for the sign which might have fallen under a previous version of the Town Code. Mr. Virginia said that he would like the Planning Board to continue their investigation into this sign matter and give the ZBA a recommendation for a variance for this sign. Mr. Virginia stated it is the interpretation of this Board that the proposed sign is an off premise sign and is not allowed in accordance with Town Code section 200-55 and in accordance with Section 200-62, Temporary signs requiring permits; section 200-62 A 1 requires Planning Board approval showing a detailed drawing or blueprints showing a description of the construction details of the sign, Section 200-62 A 2 requires written consent of the owner, and Section 200-62 A 4 states that the applicant is limited to one sign at each entrance that is no greater than 24sqft and the proposed sign is 32sqft, therefore the Board believes that this sign should not be allowed. Ms. McBurney seconded the motion. There was no further discussion. Motion carried on a roll call vote that follows: Roll Call: Robert Cleverly yes James Bowes yes Joseph Kiselica yes John Virginia, Chairman yes Laura McBurney, Vice-Chair yes Mr. Virginia stated that the applicant could continue their conversation with the Planning Board and if the Planning Board wants to entertain this then the Planning Board will have to send the ZBA a recommendation. Mr. Cleverly said he doesn’t believe this Board has ever approved a sign where the Board has not had information on exactly where the sign is be placed, size, shape, and what the sign would look like. Mr. Bondur said he did not provide that information because his issue here tonight was to get an interpretation of the code in reference to the location of the sign and whether it could be off premise or not and as far as the rest of the approval for the sign since the Board has said that it isn’t allowed then he is back at ground zero to start over again with the Planning Board. The Board and the applicant discussed the Planning Board meeting that the applicant attended. Ms. McBurney said if the applicant wants to discuss putting the sign on property belonging to Eldan Homes then the applicant needs to go back to the Planning Board. ADJOURNMENT Ms. McBurney made a motion to close the August Meeting, seconded by Mr. Bowes, motion carried, unanimously. The meeting adjourned at 7:59 p.m. Respectfully submitted, Vera Cavallaro Zoning Secretary