7575 Van Buren Road, Baldwinsville, NY 13027
April ZBA unapproved 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: Vera Cavallaro, Secretary
David Garber, Attorney
MINUTES
Minutes were approved as written
Motion
Mr. Kiselica moved to accept the February minutes as written, seconded by
Ms. McBurney. There was no further discussion. Motion carried; unanimously
DAVIS
1301 Kingdom Rd. Tax Map Parcel ID# 038-01-25.0 AR-80 Zoning District
Mr. Davis said that he would like to put a new garage up in the corner because if he stays within 15ft of the property line like the zoning requires the corner of the garage will be on the septic system so if he could move the garage 10 or 12ft closer to the corner it would be off the septic system.
Mr. Bowes asked if the applicant was going to be putting a driveway it to the garage.
Mr. Davis said there is currently a driveway there; he would just have to lengthen it to get to the garage.
Ms. McBurney asked for the size of the garage.
Mr. Davis said 28’ x 28’.
Mr. Virginia continues the hearing until May 18, 2009 at 7:31pm.
HAYES
3365 Walters Rd. Tax Map Parcel ID# 055-03-07 IND Zoning District
Mr. Edwin and Patrick Hayes were present to address the Board.
Mr. Hayes said that he would like to rebuild his home 10 to 15ft from where it currently sits because he has all kinds of problems with his current home. The current home will have to be demolished because the cost of repairing it would be comparable to rebuilding. The problem with the home now is that it is sinking and needs to be brought up to code.
Mr. Virginia asked the applicant the size of the home he would like to build and the current home’s size.
Mr. Hayes said he would like to build a home that is around 1000sf and the current home is 630ft.
The Board and the applicant discussed the ponds on the property that is causing the home to flood.
The Board discussed the pictures of the home that Mr. Hayes provided.
Mr. Virginia asked the applicant to provide a survey showing the current house and the proposed house.
Mr. Virginia said the Board is going to try to amend the currently zoning code but the Board does not want to set a precedent. The problem that the Board has is enlarging the house but this is a use that the Board is referring to, the Board is not referring to the size and that is the key with this interpretation.
Mr. Virginia said that he would work with the Planning Board and the Town Board to try to help the applicant.
Mr. Bowes asked how big the lot is.
Mr. Hayes said it is 3.38 acres.
Mr. Bowes asked how much of the area do the ponds use up.
Mr. Hayes said about 1.5 acres.
Mr. Hayes described the property to the Board.
Mr. Virginia said that the Board wants to make sure this is done properly so there are not problems later on because this is a non-conforming use and there is language in the code that exempts residential but there is also language in the code that seems to include residential and the Board would like to straighten that out.
Mr. Virginia said once the Board makes the interpretation Mr. Hayes might not have to apply for anything to this Board.
Ms. McBurney asked if the applicant was currently living on the property in the house.
Mr. Hayes said yes.
Ms. McBurney said it is hard to tell from the road what is on the property.
Mr. Hayes gave the Board permission to come on the property to look around.
The Board and the Town attorney discussed Chapter 200-75 of the Town Code and the memo that Mr. Pringle wrote to the Board concerning the code.
ADJOURNMENT
Mr. McBurney made a motion to close the April Meeting, seconded by Mr. Cleverly, motion carried, unanimously. The meeting adjourned at 8:18 p.m.
Respectfully submitted,
Vera Cavallaro
Zoning Secretary
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