The November meeting of the Zoning Board of Appeals of the Town of Van Buren, held at the Town building, 7575 Van Buren Road, Baldwinsville, New York, was called to order at 7:30 p.m.
Those present joined in the Pledge Allegiance to the Flag.
Roll Call: Robert Cleverly absent
James Bowes present
Joseph Kiselica present
Laura McBurney, Vice-Chair present
John Virginia, Chairman present
Also Present: Melissa MacConaghy, Zoning Board Secretary
Ted Spencer, Attorney
MINUTES
Made correction to page 3 paragraph 4.
7700 Maple Road Tax Map ID#030-02-13.2
Mr. Virginia stated “it has come to my attention that there is a concern that I may have a relationship with the applicant, B&H Auto, that is not an impartial one. While I do not necessarily feel that this is the case, I have decided to recuse myself from the Board with respect to this application to avoid any appearance of favoritism impropriety and avoid for the Town any accusation of this Board having a predetermined outcome. I’ll turn over duties of Chair person to Laura Mc Burney for this matter.”
Mr. Jim Messenger was present to address the Board on behalf of B & H Automotive.
Mr. Messenger stated the application for Special Use Permit for existing facilities.
Mr. Messenger stated we were here before as there was a change in the zoning laws to allow for a special use permit under these circumstances.
Mr. Messenger stated this request involves an addition on existing land which he referred Board members to the map and floor plan in the file.
Mrs. McBurney asked if they would be doing any type of body work.
Mrs. Ortolani stated that there will not be any body work being done.
Mr. Spencer stated the map that was provided shows in the back of the building a metal trailer.
Mrs. Ortolani stated that will be removed.
Mr. Spencer asked if their will be any changes or modifications to the access to Maple Road?
Mrs. Ortolani stated no.
Mr. Spencer asked if there would be cars on the premises overnight and how many if that is the case?
Mrs. Ortolani stated yes, sometimes.
Mr. Spencer asked where would they park?
Mrs. Ortolani stated in the back row most of the time.
Mr. Messenger stated that the public who were at the last meeting had said positive things about the parking.
Mrs. McBurney stated are you planning to pave the grassy area.
Mrs. Ortolani stated yes.
Mrs. McBurney stated this needs to be referred to County and also to Planning Board as well.
Mrs. McBurney stated when will you start building.
Mrs. Ortolani stated in the spring.
Mr. Spencer stated his only suggestion to the applicants would be to see Section 200-27 Code subdivision A and compare their plan to the details of this.
Mrs. McBurney stated will County take care of the curbing, entrances and such as it is a state highway.
Mr. Spencer stated that County should comment on this.
Mr. Spencer asked if the driveway that the Miller’s have adjacent to theirs, is this a separate driveway or is this shared?
Mr. Messenger stated this is not a shared driveway.
Mrs. McBurney stated is there any plans to combine the lots.
Mrs. Ortolani stated not sure if this would be in our best interest to do that or if the town would like that.
Mrs. McBurney made a motion to continue the public hearing for B & H Auto. Mrs. McBurney entertained a motion to refer this matter to County Planning and the Town Planning Board.
Mr. Kiselica moved to accept the motion, seconded by Mr. Bowes.
Mr. Virginia has now returned to Chairman.
Mr. Virginia stated with that no one is here for Fortino he opened the public hearing and continued it.
Mr. Virginia stated Fortino is looking for a side yard variance.
Mr. Spencer stated the zone is a local business but is a nonconforming use.
Mrs. McBurney asked why he is asking for a side yard variance as looks like the back yard.
Mr. Spencer stated this is an existing garage and this is already nonconforming.
Mr. Virginia stated that both issues discussed today were advertised for a public notice but he waved the reading for both of them.
Mr. Virginia continued the meeting until December 19, 2011 at 7:33 pm.
Mr. Virginia made the motion to close the meeting. Mr. Kiselica moved to accept the motion, seconded by Mrs. McBurney.
Motion carried unanimously. The meeting adjourned at 8:00 p.m.
Respectfully submitted,
Melissa MacConaghy
Zoning Secretary