ZONING BOARD OF APPEALS Town of Salina November 15th ...

ZONING BOARD OF APPEALS
Town of Salina
November 15 th , 2010
Final Minutes
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A regular meeting of the Zoning Board of Appeals was held on Monday,
November 15 th , 2010 at the Salina Town Hall, 201 School Road, and Liverpool at
7:00 P.M. Those present were:
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Chairman
Member
Member
Member
Member
Attorney
Secretary
Code Enforcement
Hugh Canham
Edward Puma
Richard Hunter
John Muldoon
Mike Gunther
Lauren Seiter Esq.
Marie VanWie
George Keeler
______________________________________________________________
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Chairman Canham welcomed those in attendance. He reviewed the procedures
for a public hearings before the Board.
APPROVAL OF MINUTES
Mr. Muldoon moved to approve the minutes of the October 18 th , 2010. The
motion was seconded by Mr. Gunther and carried unanimously.
CONTINUED HEARING
081.-01-33.0 GALEVILLE BYRNE DAIRY, 412 OLD LIVERPOOL RD. C-3
LOCATED WARD-4 TH
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CASE #10-44
Applicant is requesting an Area Variance to the Zoning
Ordinance §235-16(D) to reduce the required front yard
setback from 75’ to 5’ and to reduce the required side
yard setback form 20’ to 5’ to allow for a new 7000
square foot retail building. 4 th , Ward
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Mr. Canham read the resolution from the Onondaga County Planning Board. He
commented that if the board wanted to override their decision the board would
have to have a super majority, meaning four out of five affirmative votes.
Mr. Christian Brunelle from Sonbyrne Sales Inc. appeared on behalf of the
applicant and presented a revised site Plan to each of the Board Members and
stated that he amended the application for the set back in the front back 5’ feet

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instead of 0 setback and that is the only difference on the amended plan.
Mr. Canham asked Mr. Brunelle how it would affect the proposed plan if the
building was moved back 25 feet. Mr. Brunelle responded that they would not
have any parking on the site and would also interfere with the theme of the
Galeville store.
Mr. Canham commented that according to the Onondaga County‘s Resolution
that there would be parking along the front and side of the building.
Mr. Brunelle stated that there will be a 6 inch concrete curbing in the front and
that there would not be any parking in front of the building along Old Liverpool
Road which was also one of the requirements from the County DOT.
Mr. Canham asked if there would be grass inside the curbing in the front of the
building. Mr. Brunelle replied yes.
Mr. Canham asked the Board Members if they had any questions. None of the
Board Members had any questions with the exception of Mr. Muldoon who
commented that it will be nice to have curbing to define the front of the building.
Mr. Canham asked if anyone out in the audience wanted to speak for or against
the applicant. There was none.
SEQR RESOLUTION:
The Board declared itself the lead agency for this action. Chairman Canham
declared the proposed action to be an Unlisted Action under the New York State
Environmental Quality Review Act and that a negative declaration is issued for
the proposed Galeville Byrne Dairy. No impact on plants, animal’s drainage or
the neighborhood. There could be a potential Environmental impact in terms of
traffic but that has been addressed by adding curbing in the front and will make
it safe with the traffic flow and the character in the neighborhood will be
maintained. The motion was seconded by Mr. Puma and was unanimously
carried.
Mr. Canham closed the Public Hearing for a determination.
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CONDITIONAL APPROVAL OF VARIANCE
Mr. Puma made a motion to allow Galeville Byrne Dairy, 412 Old Liverpool Rd.
Tax Map 081.-01-33.0 in an C-3 District for an Area Variance to the Zoning
Ordinance to §235-16(D) to reduce the required front yard setback from 75’ to 5’
to allow for a new 7000 square foot retail building. Based upon the testimony
given and exhibits offered it is hereby resolved that the applicant has
demonstrated that the Area Variance sought will not produce an undesirable
change in the character of the neighborhood or detriment to neighboring
properties; The traffic issues have been addressed The Variance is substantial;

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but will be an improvement. There is no adverse affect on environmental
conditions in the neighborhood; The traffic issues have been addressed the
proposed request is larger but will maintain the character. The variance it is selfcreated;
Based on the foregoing the Board finds that the benefit to the applicant
outweighs the detriment to the community; Mr. Puma moved that the application
is approved in accordance with the exhibits submitted with the following
conditions; (1) That a building permit is obtained within 30 days of the approval of
the variance by the Board; that all work be completed within the time period that
the permit is in effect; and unless these conditions are complied with the variance
shall expire. The motion was seconded by Mr. Muldoon and was unanimously
carried. A roll call vote was taken and the Members voted as followed:
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Chairman Canham
Mr. Muldoon
Mr. Gunther
Mr. Hunter
Edward Puma
Yes
Yes
Yes
Yes
Yes
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Second Motion
Mr. Puma made a motion to allow Galeville Byrne Dairy, 412 Old Liverpool Rd.
Tax Map 081.-01-33.0 in an C-3 District for an Area Variance to the Zoning
Ordinance to §235-16(D) to reduce the required side yard setback from 20’ to 5’
to allow for a new 7000 square foot retail building. Based upon the testimony
given and exhibits offered it is hereby resolved that the applicant has
demonstrated that the Area Variance sought will not produce an undesirable
change in the character of the neighborhood or detriment to neighboring
properties; The traffic issues have been addressed The Variance is substantial;
but will be an improvement. There is no adverse affect on environmental
conditions in the neighborhood; The traffic issues have been addressed the
proposed request is larger but will maintain the character. The variance it is selfcreated;
Based on the foregoing the Board finds that the benefit to the applicant
outweighs the detriment to the community; Mr. Puma moved that the application
is approved in accordance with the exhibits submitted with the following
conditions; (1) That a building permit is obtained within 30 days of the approval of
the variance by the Board; that all work be completed within the time period that
the permit is in effect; and unless these conditions are complied with the variance
shall expire. The motion was seconded by Mr. Muldoon and was unanimously
carried. A roll call vote was taken and the Members voted as followed:
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Chairman Canham
Mr. Muldoon
Mr. Gunther
Mr. Hunter
Edward Puma
Yes
Yes
Yes
Yes
Yes

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NEW HEARING
040.-03-08.0 RYAN L. GATES 5027 HOMEVIEW DR. R-1 DISTRICT
LOCATED WARD-2 ND ,
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CASE #10-43
Applicant is requesting an Area Variance to the Zoning
Ordinance §235-33(A)(1) to allow a reduction in the
required setback between a utility shed and the
principal structure from 10’ to 3.5’ and to reduce the
required setback from a property line from 5’ to 3.5’ to
allow or a 12’x8’ utility shed.
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Mr. Gates the applicant appeared and provided his burden of proof. He stated
that he has a 20 foot easement on his property and a 6’ foot privacy fence
within the drainage easement and that the shed will be centered between the
fence and home with the long side of the shed running parallel with the house.
Mr. Canham asked the applicant why he chooses the location on his property
for the placement of the shed. Mr. Gates stated that placing the shed by the
house would remove the placement of structure in the drainage easement and
optimize use of the small back yard. He also stated that the shed would be in a
shaded area and out of sight from his neighbor’s house.
Mr. Gunther asked the applicant what he would store in the shed. Mr. Gates
replied winter and summer out door items would be stored in the proposed shed.
Mr. Gunther asked if the overgrowth such as vegetation would be maintained.
Mr. Gates answered yes and he would also install gutters on the shed. Mr.
Gunter asked if the bottom of shed would be enclosed. Mr. Gates answered yes.
Mr. Muldoon asked the applicant if he was putting up the shed. Mr. Gates replied
yes.
Mr. Puma asked the applicant if the proposed shed would have siding. Mr. Gates
replied that the shed would have T1-11 siding which will match the house and
that the door on the shed will face the back yard.
Mr. Keeler commented that the location of the shed was taken in consideration
with the drainage easement with precludes other problems in terms of having the
shed in another location.
Mr. Canham asked if anyone out in the one out in the audience would like to
speak for or against the applicant. There were none.

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SEQR RESOLUTION:
The Board declared itself the lead agency for this action. Chairman Canham
declared the proposed action to be a Type II action under the New York State
Environmental Quality Review Act and requiring no further action by the ZBA
Board.
Mr. Canham closed the Public Hearing for a determination.
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CONDITIONAL APPROVAL OF VARIANCE
Mr. Hunter made a motion to allow Ryan Gated, 5027 Homeview Dr. Tax Map
040.-03-08.0 in an R-1A District for an Area Variance to the Zoning Ordinance to
§235-33(A) (1) to allow a reduction in the required setback between a utility shed
and the principal structure from 10’ to 3.5 to allow for a 12’x8’ utility shed. Based
upon the testimony given and exhibits offered it is hereby resolved that the
applicant has demonstrated that the Area Variance sought will not produce an
undesirable change in the character of the neighborhood or detriment to
neighboring properties; it will not be visible from the road. The Variance is not
substantial; there is no adverse affect on environmental conditions in the
neighborhood; the variance is self-created but is the best location for the shed
given the configuration of the property; Based on the foregoing the Board finds
that the benefit to the applicant outweighs the detriment to the community; Mr.
Hunter moved that the application is approved in accordance with the exhibits
submitted with the following conditions; (1) That a building permit is obtained
within 30 days of the approval of the variance by the Board; that all work be
completed within the time period that the permit is in effect; and unless these
conditions are complied with the variance shall expire. 2). That if the side yard
setback is granted require that gutters be installed to cause any rain water to be
directed to the applicant’s property and not to adjacent property, and at the
discretion of the Director a rain garden is installed if necessary to adequately
handle rain water coming from the new utility shed. The motion was seconded by
Mr. Muldoon and was unanimously carried. A roll call vote was taken and the
Members voted as followed:
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Chairman Canham
Mr. Muldoon
Mr. Gunther
Mr. Hunter
Edward Puma
Yes
Yes
Yes
Yes
Yes

Second Motion
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Mr. Hunter made a motion to allow Ryan Gated, 5027 Homeview Dr. Tax Map
040.-03-08.0 in an R-1A District for an Area Variance to the Zoning Ordinance to
§235-33(A) (1) to allow a reduction in the required setback from a property line
from 5’ to 3.5; to allow for a 12’x8’ utility shed. Based upon the testimony given
and exhibits offered it is hereby resolved that the applicant has demonstrated that
the Area Variance sought will not produce an undesirable change in the character
of the neighborhood or detriment to neighboring properties; will not be visible
from the road. The Variance is not substantial; there is no adverse affect on
environmental conditions in the neighborhood; the variance is self-created but is
the best location for the shed given the configuration of the property; Based on
the foregoing the Board finds that the benefit to the applicant outweighs the
detriment to the community; Mr. Hunter moved that the application is approved
in accordance with the exhibits submitted with the following conditions; (1) That a
building permit is obtained within 30 days of the approval of the variance by the
Board; that all work be completed within the time period that the permit is in
effect; and unless these conditions are complied with the variance shall expire.
2). That if the side yard setback is granted require that gutters be installed to
cause any rain water to be directed to the applicant’s property and not to
adjacent property, and at the discretion of the Director a rain garden is installed if
necessary to adequately handle rain water coming from the new utility shed. The
motion was seconded by Mr. Puma and was unanimously carried. A roll call vote
was taken and the Members voted as followed:
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Chairman Canham
Mr. Muldoon
Mr. Gunther
Mr. Hunter
Edward Puma
Yes
Yes
Yes
Yes
Yes
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ADJOURMENT
Mr. Canham made a motion to adjourn the meeting at 7:45 PM. The motion was
seconded by Mr. Gunther and was unanimously carried.
Prepared By: _____________________
Marie VanWie, Secretary