Van Buren, NY - May 2009 ZBA minutes

May 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 absent Also Present: Vera Cavallaro, Secretary Ted Spencer, Attorney David Pringle, Codes Officer MINUTES Minutes were approved as written. Motion Mr. Bowes moved to accept the April minutes as written, seconded by Mr. Kiselica. There was no further discussion. Motion carried; unanimously DAVIS 1301 Kingdom Rd. Tax Map Parcel ID#038-01-25 Mr. Davis was present to address the Board. Mr. Davis said he needs the variance so the garage can be further away from his septic. Mr. Virginia said the property abuts Town property and there are no neighbors. Mr. Virginia asked if there was anyone that wished to speak either for or against this application. 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. Mr. Bowes seconded the resolution. There was no further discussion. Resolution passed, on a roll call vote that follows: Roll Call Vote: Aye Nay Other John Virginia ___ _____ Robert Cleverley ___ _____ Laura McBurney ___ ___ ___ Joseph Kiselica ___ _____ James Bowes ___ _____ PETERSON 207 Blanchard Blvd. Tax Map Parcel# 061-05-18 Ms. Peterson was present to address the Board. Ms. Peterson said she would like to have a salon in her home because with the economy on the decline she can no longer afford to rent the space she is currently in. Mr. Virginia asked how many cars are expected at one time. Ms. Peterson said since it is just her she would only expect there to be one car at a time, possibly two if someone should come in early. Ms. Peterson showed the Board a picture of her driveway which shows that up to four cars can be parked off of the street. Mr. Bowes asked if the applicant would be employing anyone. Ms. Peterson said she has tried to employ someone for 3½ years in her other salon and no one needed the space so she doesn’t believe so. Mr. Bowes said the code allows for one employee who is not a resident of the home. The Board and the applicant discussed signage. Mr. Pringle said the code allows the applicant to have a sign which is not part of the special use permit. Mr. Virginia asked if there was anyone that wished to speak either for or against the proposal. No one spoke. Mr. Virginia closed the public hearing. Mr. Bowes proposed the following resolution: Heike Hays-Peterson of 207 Blanchard Boulevard, Syracuse, NY 13209, applies for a Special Use Permit pursuant to Town of Van Buren Code Section 200-24 to allow for a home occupation that would involve conducting hair and beauty salon services at the premises. The property is zoned R-10 and is known as tax map no. 061-05-18.0. In an R-10 District, a home occupation is a use allowed upon the grant of special permit by the ZBA. Applicant has submitted, and the ZBA has reviewed, an application, notification to surrounding property owners of pending action, and SEQRA short form environmental assessment form. Notice of a public hearing on the special permit and application was duly published. Ms. Peterson appeared and spoke in favor of the application. There was no opposition to the proposed home occupation at the public hearing. Based on the above referenced documents, and proof received by the ZBA at the public hearing, the Board resolves as follows: 1. That matter is subject to the State Environmental Quality Review Act (SEQRA). The matter is unlisted. The Board appoints itself lead agency for the uncoordinated review of this matter and finds there will be no significant adverse impact on the environment as a result of this action. The basis for this determination is the subject property, is located in a residential zone and has an existing structure which will not be modified. The proposed project poses no significant impacts on water, air, agricultural resources or community character and growth and there will be minimal noise associated with the proposal. 2. A special permit required pursuant to Code Section 200-24 for the proposed use, which the Board finds is a “home occupation”. 3. Pursuant to Section 200-80 of the Code, the Board finds the proposed special use satisfies the Town standards of review as follows: (a) As the proposed use is allowed in the zoning district by special permit, it is in compliance with the applicable intent and regulations of the Zoning Ordinance; (b) The proposed use is consistent with the long term development objectives of the area and is serviced by utilities necessary for the home occupation use; (c) The scale and design of the use will have minimal effect on the surrounding area given it will be conducted entirely within an existing structure, is in compliance with Town requirements and will be visually compatible with conditions of the site and surrounding properties; (d) The design of the site provides for efficient vehicular movement given the size of the site and the fact that there will be minimal vehicular movement or parking on site. (e) The site is adequately served by public utilities and the proposed use will not result in an increased demand; (f) Drainage on the site will not be affected by the proposed use; (g) Regarding aesthetics, there is no change to the physical layout of the property; (h) Emissions from the site will continue to be minimal. (4) The Special Permit is granted pursuant to Code Section 200-24 G and all other applicable provisions of the Code, so as to allow for operation of a home occupation subject to compliance with other applicable requirements of the Town Code. Mr. Kiselica seconded the resolution. There was no further discussion. Resolution passed on a roll call vote that follows: Roll Call Vote: Aye Nay Other John Virginia ___ _____ Robert Cleverley ___ _____ Laura McBurney ___ ___ ___ Joseph Kiselica ___ _____ James Bowes ___ _____ FERNANDEZ 3376 Stiles Rd. Tax Map Parcel ID#056-01-18 Mr. Robert Fernandez was present to address the Board. Mr. Fernandez said he went to Florida and his father in law built a shed while he was away and now the shed is too close to the property line. The Board and the applicant discussed how close to the property line the shed is located. Mr. Fernandez gave the Board a letter from the neighbor that states that the neighbor doesn’t mind the shed being located where it is currently placed. The Board asked the applicant to see if the shed could be moved farther away from the line because a variance can not be given for a shed that is over the property line which this shed appears to be. Mr. Virginia continued the public hearing until June 15, 2009 at 7:31pm. LAMERE 6894 New Route 31 Tax Map Parcel ID#049-01-01 Mr. LaMere was present to address the Board. Mr. LaMere said he is looking for relief from the AR-80 size requirements and that he will be converting the building that is currently there into residential because he is not able to sell the property as commercial. He would like to subdivide the property in half and make it into two parcels with one parcel being 80,000sqft and the other parcel being around 80,000sqft. Mr. Pringle said the applicant will also need a variance to meet the depth requirements of the AR-80 district. The Board and the applicant discussed where the property line would be located. Mr. Pringle said the special use permit that is currently with the property will go away as soon as the building is converted to residential. Mr. Virginia asked if there was anyone who wished to speak either for or against the proposal. No one spoke. Mr. Virginia closed the public hearing. Mr. Virginia proposed the following resolution: Thomas LaMere of 39 Downer Street Baldwinsville, NY seeks area variances from Section 200-45 of the Town of Van Buren Code related to the location of a two lot subdivision at 6894 New Route 31. The property is located in an AR-80 District and is identified as Tax Map parcel 049-01-01. Mr. LaMere spoke in favor of the application and described the plan to establish the two lots by dividing the current parcel in two. The current parcel is an irregular shaped lot that is the result of the appropriations for a roadway over time. Because of the shape and physical limitations of the parcel, the variance application is the only potential avenue for maximizing the use of the property. 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 the establishment of two lots; one lot shall be not less than 80,000sqft and the second lot shall cover the balance of the property, as set by the Planning Board. Both lots are granted variances from the requirement that the lot depth be at least 250 feet. 4. These variances are subject to: 1) Planning Board approval; 2) Establishment of the common property line dividing the lots; 3) Provide signatures to the Codes Office of the abutting neighbors. Mr. Cleverly seconded the resolution. There was no further discussion. Resolution passed on a roll call vote that follows: Roll Call Vote: Aye Nay Other John Virginia ___ _____ Robert Cleverley ___ _____ Laura McBurney ___ ___ ___ Joseph Kiselica ___ _____ James Bowes ___ _____ 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. Spencer said to protect the applicant he thinks the Board should finalize the application with a publication of a public hearing. It is one thing when it comes from another Board to the ZBA but when it comes from an applicant is should be advertised given the magnitude of the decision for the applicant. The Board discussed the Town code related to public hearing notices. The Board and the applicant discussed where the applicant would like to place the new home on the map that the applicant provided. Mr. Virginia set the public hearing for June 15, 2009 at 7:35pm. ADJOURNMENT Mr. Cleverly made a motion to close the May Meeting, seconded by Mr. Kiselica, motion carried, unanimously. The meeting adjourned at 8:42 p.m. Respectfully submitted, Vera Cavallaro Zoning Secretary