ZBA Mtg. #2                         Reg. Mtg. #2               February 18, 2003                     Page 1

 

ZONING BOARD OF APPEALS OF THE TOWN OF ORCHARD PARK, Erie County, New York, minutes of the February 18, 2003 meeting held at the Basement Public Meeting Room, S4295 South Buffalo Street.

 

MEMBERS PRESENT:       Remy Orffeo, Chairman

                                      Donald Holmwood

Henry Jarocha

Robert Lennartz                                

Jo Ann Litwin, Alternate

 

EXCUSED:                      Deborah Chimes

                                     

OTHERS PRESENT:                   Joseph Campion, Building Inspector

                                      J. Michael Wolf, Deputy Town Attorney

                                      Mr. Christopher Pawenski, past Zoning Board Member

                   Rosemary Seivert, Zoning Board Secretary

 

The Chairman called the meeting to order at 7:34 p.m. stating if anyone appearing before the Board was related through family, financial or business relationship with any member of the Board, it is incumbent upon him to make it known under State Law and the Town Code of Ethics.

 

APPROVAL OF THE MINUTES OF THE January 21st, 2003 REGULAR MEETING:

 

A motion was made by Mr. Holmwood, seconded by Mr. Jarocha to accept the minutes of the January 21st, 2003, Zoning Board meeting and the reading of these minutes is hereby dispensed with as each member of the Board has previously received copies thereof.

 

THE VOTE ON THE RESOLUTION BEING:

 

ORFFEO                         AYE

HOLMWOOD                             AYE

JAROCHA                       AYE

LENNARTZ                      AYE

LITWIN                            AYE                      

 

 THE VOTE ON THE RESOLUTION BEING UNANIMOUS, THE RESOLUTION WAS DULY ADOPTED.

         

The Chairman stated that all persons making an appeal before this Board would be

heard in accordance with the Town Laws of the State of New York, Article 16, Sections 267, 279 and 280a, Subdivision 3, and the Town of Orchard Park Zoning Ordinance.  Any person aggrieved by any decision of the Board of Appeals may present to a court of record a petition, duly verified, setting forth that such decision is illegal, specifying the grounds of the illegality. Such petition must be presented to the court within 30 days after filing of the decision in the office of the Town Clerk.

 

ZBA Mtg. #2                         Reg. Mtg. #2               February 18, 2003                     Page 2

 

The Chairman stated that site inspections of all cases presented tonight were made by:

 

ORFFEO                         AYE

HOLMWOOD                             AYE

JAROCHA                       AYE

LENNARTZ                      AYE

LITWIN                            AYE                      

 

                                              NEW BUSINESS

 

1.    ZBA File #2-03, Russell J. Walsh Jr., 3300 N. Benzing Road, (Part of Farm Lot 28, Township 10, Range 7; SBL#152.13-3-21.21), Zoned I-1.  Requests an area variance to construct an addition 5 ft. from the side lot line adjacent to a residential property in the I-1 Zone.  Minimum side setback in an I-1 Zone where adjoining any residence is 20 ft., Section 144-9B, Schedule of Height, Lot, Yard & Bulk Regulations.

 

       APPEARANCE:   Mr. Russell Walsh, owner of Liberty Woodcraft

 

     Mr. Walsh presented the proposed plans for a 40 x 74-foot addition to his existing 10,000 square foot manufacturing facility.  This addition will be used to accommodate materials associated with the wood manufacturing business.  Mr. Walsh told the members that these materials are currently being stored in trailers located on the property.  Mr. Walsh also told the members that there would be a five foot buffer area established between the neighboring property and his property line.

 

Mr. Holmwood established with the petitioner that the proposed addition would be located twenty feet away from the rear property lot line, that no flammables are stored in the trailers and that there was no space in the front of the existing building for the proposed addition to be placed.  It was further learned that a previous fire at this location had prompted storage of all flammables to be kept in a locked, fireproof room when not in use.

 

Mr. Lennartz asked Mr. Walsh if the width of the proposed addition could be reduced.  Mr. Walsh stated that a reduction in the size of the building would create the need to move and search for another facility that could provide adequate space.

 

Mr. Jarocha confirmed that the present need for the on site trailers would be eliminated once the addition had been built.  Mr. Walsh stated that the cold storage trailers would be removed as parking spaces are planned for the space occupied by the trailers.

 

Mr. Orffeo confirmed that the petitioner could provide a current list to the Fire Department of all chemicals used. The petitioner also confirmed that no encroachment would occur on the side of the building.  This area would always remain open.

 

ZBA Mtg. #2                         Reg. Mtg. #2               February 18, 2003                     Page 3

 

Mr. Holmwood, made a motion, seconded by Mr. Lennartz, that this is an Unlisted action and that a Negative Declaration under SEQR be made based on the submitted short EAF. 

 

THE VOTE ON THE MOTION BEING:

 

ORFFEO                         AYE

HOLMWOOD                   AYE

JAROCHA                       AYE

LENNARTZ                      AYE

LITWIN                            AYE                      

 

THE VOTE ON THE MOTION BEING UNANIMOUS, A NEGATIVE DECLARATION IS MADE UNDER SEQR.

 

The Chairman then asked if there was anyone in the audience who would wish to speak in favor of the granting of this variance.

 

(Twice)

 

PROPONENT:

 

Mr. Robert Breindel

3280 Benzing Road

Orchard Park, NY  14127

 

Mr. Breindel stated he is the nearest neighbor and has no objection to the granting of the variance.  Mr. Jarocha established with Mr. Breindel that his home would be approximately 50 to 100 feet away from the proposed addition.  Mr. Breindel stated he was comfortable with this. 

 

The Chairman then asked if there was anyone in the audience who would wish to speak against the granting of this variance.

 

(Twice)

 

NO RESPONSE

 

The Chairman then asked if the Secretary had any additional communications either for or against granting the variance.

 

The Secretary stated no communications have been received.

 

Mr. Lennartz made a motion, seconded by Ms. Litwin, to APPROVE the GRANTING of the area variance for the following reasons:

 

 

ZBA Mtg. #2                         Reg. Mtg. #2               February 18, 2003                     Page 4

 

1.                                                                                                                                                                                                                                                                                                                                      There will be no undesirable change in the character of the neighborhood or a detriment to any nearby properties.

 

2.                                                                                                                                                                                                                                                                                                                                      The benefit cannot be achieved in any other way.

 

3.                                                                                                                                                                                                                                                                                                                                      The request is not substantial.

 

4.                                                                                                                                                                                                                                                                                                                                      There will be no adverse effect on the neighborhood or environment.

 

5.                                                                                                                                                                                                                                                                                                                                      The difficulty was not self-created.

 

THE VOTE ON THE MOTION BEING:

 

ORFFEO                         AYE

HOLMWOOD                   AYE

JAROCHA                       AYE

LENNARTZ                      AYE

LITWIN                            AYE                      

 

THIS VARIANCE IS HEREBY GRANTED WITH THE FOLLOWING STIPULATIONS:

 

1.     The temporary truck trailers are to be removed when the project is completed.

 

2.     Within seven (7) days of the project’s completion, an updated chemical list is to be supplied to the Orchard Park Fire Commissioners.             

 

THE VOTE ON THE MOTION BEING UNANIMOUS, THE MOTION IS HEREBY GRANTED WITH STIPULATIONS.

 

OTHER BUSINESS:

 

Chairman Orffeo presented a “Certificate of Appreciation” from the members of the Zoning Board to former member Christopher Pawenski, who was in attendance. The members thanked and applauded Mr. Pawenski for his five years of service as a board member.  Chairman Orffeo also stated that this was Building Inspector Joseph Campion’s last meeting, as he would be retiring on February 28th.  Mr. Campion was applauded and also presented with a “Certificate of Appreciation”.  The Chairman stated that he had found Mr. Campion to be informative, helpful, diligent and well versed in regards to the Town ordinances. 

 

There being no further business to be presented to the Board at this time, the Chairman, Remy C. Orffeo adjourned the meeting at 7:55 p.m.

 

DATED:             February 20, 2003                         Respectfully submitted,

REVIEWED:     February 27, 2003                           Rosemary M. Seivert

Zoning Board of Appeals

          Secretary

Remy C. Orffeo, Chairman