7575 Van Buren Road, Baldwinsville, NY 13027
Zoning Board Minutes 11/19/2009
11/19/2009
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
David Pringle, Code Enforcement Officer
MINUTES
Minutes were approved as written.
Motion
Ms. McBurney moved to accept the October minutes as written, seconded by
Mr. Kiselica. There was no further discussion. Motion carried; unanimously
SPLIBERG
1376 Daboll Rd Tax Map Parcel ID#045-04-10.1
Mr. Spilberg was present to address the Board.
Ms. McBurney waived the reading of the public notice.
Mr. Spilberg said he would like to place a shed in his front yard due to the topography of his property and also the septic and well being located on both sides of the house. He stated that his house sits on an angle and the backyard slopes quite a bit.
The Board and the applicant discussed if any other property owner’s could see the shed and it was determined that the shed can not be seen due to a tree line.
The Board asked the applicant how far the shed was from the front property line.
Mr. Spilberg said the shed is 75ft from the centerline of the road and 16ft from the side property line.
Ms. McBurney asked if there was anyone that wished to speak either for or against this proposal.
No one spoke.
Ms. McBurney closed the public hearing at 7:40pm.
Ms. McBurney proposed the following resolution:
Michael Spilberg of 1376 Daboll Road, Memphis, NY 13112 seeks an area variance from Section 200 45 of the Town of Van Buren Code related to the location of a proposed shed. The property is located in an AR-80 District and is identified as Tax Map parcel 045-04-10.1.
Mr. Spilberg spoke in favor of the application and described the proposed location of a shed measuring 12’ X 12’ and 16 feet from the west property line. The proposed shed would be located approximately 75 feet from the center line of the road. The variance is required because the proposed shed is located in the front of his house. Mr. Spilberg 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 November 19, 2009pursuant 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 a shed within the front yard of the property. Any additional structures or modifications to existing structures shall require additional review and approvals.
Mr. Virginia seconded the resolution. There was no further discussion. Resolution carried, unanimously on a roll call vote that follows:
Roll Call Vote:
Aye Nay Other
John Virginia ___ _____
Robert Cleverly ___ _____
Laura McBurney ___ _____
Joseph Kiselica ___ _____
James Bowes ___ _____
TYLER FIRE EQUIPMENT
7048 Interstate Island Rd Tax Map Parcel ID# 056-03-03.4
Mr. Julian Clark and Mr. Wayne Tyler were present to address the Board.
Ms. McBurney waived the reading of the public notice.
Mr. Julian Clark said Tyler Fire Equipment proposes to operate their facility in the former Wayne Dalton building. The business will entail sales, service of equipment and also service of vehicles. As the property is zoned Industrial the vehicle service requires a special use permit and they are here tonight to request that. They have gone in front of the Planning Board and received a positive recommendation and County comments have also been received in which the County did not have any comments.
Mr. Virginia asked the applicant to explain the modifications to the building.
Mr. Clark said the only modifications are that they are adding overhead doors on the back corner, fencing around the outside of the building, and some pavement in order to facilitate getting the vehicles in thru the overhead doors. They are adding a dumpster and are also going to restripe the parking lot to show adequate parking per Town code.
Ms. McBurney asked about the overhead doors in the front of the building.
Mr. Pringle said that the doors in the front are loading docks.
Mr. Spencer asked what the facility is going to be used for.
Mr. Tyler said fire apparatus repair and maintenance as well as some sales.
Mr. Spencer asked what they anticipate as far as having apparatus on location in terms of number and where it will be located. Will everything be in the building or will they have machinery apparatus outdoors.
Mr. Clark said they do show a staging area within the fenced area that can hold four or five trucks and everything else will be inside.
Mr. Tyler said everything will mainly be inside.
Mr. Spencer said when someone brings in something for service or repair is there any standard answer to how long they expect to have it on location.
Mr. Tyler said they could have it from one day to thirty days because it depends on the service.
Mr. Virginia asked if they are changing any lighting.
Mr. Tyler said no.
Mr. Spencer asked Mr. Clark to address to the Board whether the site will have any modifications related to SEQR issues.
Mr. Clark said they are proposing some trench drains within the new bay and they will be going into the sanitary sewer via an oil water separator and a sand trap and a permit will be obtained from Onondaga County water Environmental Protection for that connection.
Mr. Virginia asked Mr. Pringle if the applicant will be meeting all the requirements for Section 200-27 for vehicle maintenance.
Mr. Pringle said yes and they currently have a permit to alter the building such as putting the overhead doors in. The signage remains the same they are just switching the names on the signs.
Mr. Virginia asked if fuel oil will be stored the same as before.
Mr. Tyler said yes.
Mr. Virginia asked if they were still waiting for approval for the sanitary sewer.
Mr. Clark said yes.
The Board went thru the questions on the SEQR form and found no impacts.
The Board and the applicant discussed the type of sales at the facility.
Mr. Tyler said it is mainly fire apparatus.
Ms. McBurney asked how many service bays are in the facility.
Mr. Tyler said there are three bays and six service areas.
Ms. McBurney asked if there was anyone that wished to speak either for or against this proposal.
No one spoke.
Ms. McBurney closed the public hearing at 7:55pm.
Ms. McBurney proposed the following resolution:
Wayne E. Tyler d/b/a Tyler Fire Equipment, P.O. Box 4037, Elmira, NY 14904, applies for a Special Use Permit pursuant to Town of Van Buren Code Section 200-18 and 22 (D)(b) to allow for light vehicle maintenance and service at 7048 Interstate Island Road.
The property is zoned IND-A and is known as tax map no. 056-03-03.4. In an IND-A District, light vehicle service and maintenance 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, site map, site plans, and SEQRA long form environmental assessment form.
The Onondaga County Planning Board determined that the use will have no significant adverse inter-community or county-wide implications by resolution dated November 19, 2009.
Notice of a public hearing on the special permit and application was duly published. Wayne Tyler and Julian Clark appeared and spoke in favor of the application. There was no opposition to the proposed motor vehicle service and repair operation.
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; located in an Industrial A zone has adequate space to conduct the light vehicle service and maintenance. Additionally 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 200-22-D6 for the proposed use, which the Board finds is a light vehicle service and maintenance operation.
3. Pursuant to Section 200-80-C.5 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 vehicle service and maintenance facility;
(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 site that 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 is adequate space for the facility and for internal traffic.
(e) The site is adequately served by public utilities;
(f) Drainage on the site will not be significantly affected by the proposed use and the physical layout of the property will not be significantly different than the previous layout;
(g) Regarding aesthetics, there is no substantial change to the physical layout of the property or the proposed improvements compared with the existing improvements.
(h) Emissions from the site will be minimal.
4. The Special Permit is granted pursuant to Code Section 200-18, 200–22-D6 and all other applicable provisions of the Code, so as to allow for operation of a light vehicle service and maintenance facility subject to the following:
(a) Town Planning Board approval and
(b) County Water Environmental Protection approval.
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
Joe Kiselica ___ _____
Robert Cleverly ___ _____
Laura McBurney ___ _____
John Virginia ___ _____
James Bowes ___ _____
BRUNO
7748 Morgan Rd Tax Map Parcel ID# 029-03-07.1
Mr. Kevin Bruno was present to address the Board.
Ms. McBurney waived the reading of the public notice.
Mr. Bruno said he was instructed a couple of years ago by someone at the Town to put up a fence so he extended the fence his neighbor put up.
The Board and the applicant discussed the signatures of neighbors that the applicant had turned in to the Board.
The Board and the applicant discussed the pole barn that is going up on the property that the applicant has a building permit for.
Mr. Bruno said all the neighbors like the fence.
The Board and the applicant discussed the applicant’s business that is currently being run out of the home.
Mr. Pringle said it is a non-conforming use. It is a home business but the applicant doesn’t actually perform the business there, the office is there. The purpose of the pole barn is to place the applicant’s equipment inside. As long as the applicant is not actually conducting business on the property, the applicant is ok because the work is being done off site.
Mr. Pringle said there have been some complaints of noise and the applicant has been made aware of that but that has nothing to do with the fence.
Mr. Pringle said the applicant was going to cut the fence down today to the right height. Not all the fence that is there is the applicant’s, just the three sections of fence at an angle.
The Board and the applicant discussed the neighbor’s fence.
Mr. Spencer asked what the function of the fence is.
Mr. Bruno said the fence was to cut down on view of his property.
Mr. Virginia asked the applicant if they had any plans on extending the fence.
Mr. Bruno said no.
Mr. Kiselica said the fence is an issue with line of sight.
Mr. Virginia said he would like to see the fence cut down to 3½ft.
The Board and the applicant discussed how the fence could be cut down so it would still look good.
Mr. Bruno said he also has some room to where he could move the fence back.
The Board asked the applicant to mark the area where the fence could be placed back so the Board could visit the property to see where the fence would be located.
The Board continued the public hearing for the Bruno application to December 16, 2009 at 7:31pm.
OTHER BUSINESS
The Board decided to move the December meeting to December 16, 2009 at 7:30pm due the holiday.
ADJOURNMENT
Ms. McBurney made a motion to close the October Meeting, seconded by Mr. Virginia, motion carried, unanimously. The meeting adjourned at 7:24 p.m.
Respectfully submitted,
Vera Cavallaro
Zoning Secretary
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