7575 Van Buren Road, Baldwinsville, NY 13027
September 2009 ZBA minutes
09/21/2009
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: Vera Cavallaro, Zoning Board Secretary
Ted Spencer, Attorney
MINUTES
Minutes were approved as written.
Motion
Ms. McBurney moved to accept the August minutes as written, seconded by
Mr. Bowes. There was no further discussion. Motion carried; unanimously
Mr. Virginia waived the full readings of the published public notices.
BANO
109 Hunter Dr Tax Map Parcel ID# 035-01-05.1
Mr. Stephan Bano was present to address the Board.
Mr. Virginia said on waterfront property, the river is the properties front yard.
Mr. Bano stated that he would like to install a pool and fence in what is currently considered the front yard.
The Board and the applicant discussed the applicant’s property.
The Board and the applicant discussed the type and height of fence that the applicant wished to have.
Mr. Bano stated it would be a decorative fence and it would need to be atleast 4ft around the pool per Code.
Mr. Virginia asked if there was anyone that wished to speak either for or against this proposal.
No one spoke.
Mr. Virginia closed the public hearing.
Ms. McBurney proposed the following resolution:
Steven A. Bano of 109 Hunter Drive, Baldwinsville, NY 13027 seeks an area variance from Section 200 49E(1) and (2) of the Town of Van Buren Code related to the location of a proposed swimming pool and fence. The property is located in a R-10 District and is also in a Waterfront Property Overlay District and is identified as Tax Map parcel 035-01-05.1. The front yard for this parcel is established by the Seneca River.
Mr. Bano spoke in favor of the application and described the proposed construction of an in ground pool at the site. The proposed pool would be located approximately 60 feet from the front yard line. The variance is required because the proposed pool is not allowed in the Waterfront Property Overly District; additionally the Code limits fences to side yards only. Mr. Bano explained in detail to the Board the physical limitations of the property based on topography and existing improvements which include a one story frame house.
There was no objection to the proposal at ZBA’s public hearing, which was held on September 21, 2009 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 property and existing improvements.
Based on the foregoing, the Board resolves as follows:
1. This matter is unlisted under SEQR as it involves an individual variances related to limitations imposed on a single family residential use; upon review of the EAF this Board has determined that approval of the application would not have any significant adverse environmental impact.
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 or environmental conditions in the neighborhood or district. Neighbors express no objection to the variance. Given the size of the lot and the principal structure location, 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 the construction of an in ground pool and fence within the front yard of the property. Any additional structures or modifications to existing structures shall require additional review and approvals. The proposed fence shall not exceed 6 feet in height and be approved by the Codes Officer.
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 ___ _____
Robert Cleverley ___ _____
Laura McBurney ___ _____
Joseph Kiselica ___ _____
James Bowes ___ _____
DAVIS
1741 Kingdom Rd Tax Map Parcel ID# 038-03-20.1
Mr. Raymond Davis was present to address the Board.
Mr. Davis said he would like to attach a garage to the home approximately 15+ft from the side property line.
The Board and the applicant discussed the topography of the applicant’s property.
Mr. Davis said the way the property slopes and where the septic currently is where he would like to place the garage would be his best option.
Mr. Virginia asked if there was anyone that wished to speak either for or against this proposal.
No one spoke.
Mr. Virginia closed the public hearing.
Mr. Virginia proposed the following resolution:
William L. Davis of 1301 Kingdom Road seeks area variances from Section 200-45 of the Town of Van Buren Code related to the location of a proposed garage. The property is located in an AR-80 District and is identified as Tax Map parcel 038-01-25.0.
Mr. Davis spoke in favor of the application and described the garage which is 28 feet by 28 feet. The proposed garage is to be located at the rear of his house approximately 4 feet from the rear property line and 4 feet from the side yard line. The rear yard setback variance and side yard setback variance are required because the garage is to be located closer to the side and rear property lines than the 15 feet that the Code allows. Mr. Davis explained in detail to the Board the physical limitations of his property based on topography and existing improvements.
There was no objection to the proposal at ZBA’s public hearing, which was held on May 18, 2008 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 garage on the property.
Based on the foregoing, the Board resolves as follows:
1. This matter is Type II under SEQR as it involves 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 variances will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. Neighbors express no objection to the variances. There is no other apparent method to achieve the benefit applicant wishes to obtain other than the variances and the benefit to applicant outweighs any detriment to the neighborhood or community as a result of granting the variances.
3. Variances are granted to allow for the location of a garage measuring 28 feet by 28 feet within 4 feet of the rear property line and to allow the garage to be within 4 feet of the side yard line in accordance with the map contained in Mr. Davis’s 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 ___ _____
Robert Cleverley ___ _____
Laura McBurney ___ _____
Joseph Kiselica ___ _____
James Bowes ___ _____
CORNWELL
7692 Maple Rd Tax Map Parcel ID#030-02-10.2
Ms. Maria Cornwell was present to address the Board.
Ms. Cornwell said she would like to have a home business as a massage therapist.
The Board discussed the applicant’s property layout.
Ms. Cornwell said she has plenty of room for parking but she would only have one client at a time and most likely only 3 per day.
Mr. Virginia said this application needs to be referred to County for review.
Mr. Virginia asked the applicant to return next month and bring a survey of her property.
Mr. Virginia continued the public hearing until October 19, 2009 at 7:31pm.
WINGATE
7692 Winchell Rd Tax Map Parcel ID# 030-02-10.2
Mr. Jonathan Rodriquez was present to address the Board.
The Board and the applicant discussed where the sign is to be located and the size of the sign.
The Board asked the applicant to go to the Planning Board and have the Planning Board give a recommendation for the sign.
The Board also asked the applicant to bring in a rendering of the exact sign that is being proposed.
Mr. Virginia continued the Public Hearing until October 19, 2009 at 7:32pm.
ADJOURNMENT
Ms. McBurney made a motion to close the September Meeting, seconded by Mr. Kiselica, motion carried, unanimously. The meeting adjourned at 8:19 p.m.
Respectfully submitted,
Vera Cavallaro
Zoning Secretary
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