ZBA Mtg. #1                   Reg. Mtg. #1               January 21, 2003                                 Page 1

 

ZONING BOARD OF APPEALS OF THE TOWN OF ORCHARD PARK, Erie County, New York, minutes of the January 21st, 2003 meeting held at the Basement Public Meeting Room, S4295 South Buffalo Street.

 

MEMBERS PRESENT:        Remy Orffeo, Chairman

                                                Deborah Chimes

Donald Holmwood

Henry Jarocha

Robert Lennartz                                          

Jo Ann Litwin, Alternate

                                               

OTHERS PRESENT:           Joseph Campion, Building Inspector

                                                J. Michael Wolf, Deputy Town Attorney

                        Rosemary Seivert, Zoning Board Secretary

 

The Chairman called the meeting to order at 7:30 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 DECEMBER 17th, 2002 REGULAR MEETING:

 

Mr. Jarocha noted the following correction to the December 17th, 2002 meeting minutes: Page seven (7), Paragraph IV, references the dimensions of the proposed sign in “feet”, this should be corrected to read “inches”; 192 inches by 36 inches, along with two other references in the same paragraph that refer to “feet” should be corrected to “inches”.

 

The following resolution was offered by Mr. Jarocha, seconded by Mr. Lennartz to wit: That the minutes of the regular meeting of the December 17th, 2002 are hereby approved and be it further resolved that the reading of these minutes as corrected are hereby dispensed with each member of the Board having previously received copies thereof.

 

THE VOTE ON THE RESOLUTION BEING:

 

Remy Orffeo                         AYE

Deborah Chimes                   AYE

Donald Holmwood                AYE

Henry Jarocha                      AYE

Robert Lennartz                   AYE                                       

 

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

           

ZBA Mtg. #1                            Reg. Mtg. #1             January 21,2003                          Page 2

 

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.

 

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

 

Remy Orffeo                         AYE

Deborah Chimes                   AYE

Donald Holmwood                AYE

Henry Jarocha                      AYE

Robert Lennartz                   AYE                           

Jo Ann Litwin                        AYE

 

The Chairman stated that board member Hank Jarocha had been appointed Deputy Chairman in the event the Chairman was absent. 

 

OLD BUSINESS

 

1.                  ZBA File #33-02, Nixon Peabody LLP/Crown Atlantic LLC, 3835 N. Freeman Road, (Part of Farm Lot 879, Township 9, Range 7; SBL#162.10-2-1/A), Zoned R-2.  Requested and was granted approval for a Tower Permit to replace an existing 100 ft. tower with a 140 ft. +/- tower on 9/17/02.  This case is returning to the Zoning Board of Appeals for review of the previous SEQR determination.

 

Mr. Lennartz made a motion, seconded by Mr. Holmwood, to remove Item #1, under “Old Business”, from the table.

 

THE VOTE ON THE MOTION BEING:

 

Remy Orffeo                         AYE

Deborah Chimes                   AYE

Donald Holmwood                AYE

Henry Jarocha                      AYE

Robert Lennartz                   AYE                           

 

THE VOTE ON THE MOTION BEING UNANIMOUS, THE MOTION IS HEREBY PASSED.

 

 

 

 

ZBA Mtg. #1                            Reg. Mtg. #1             January 21,2003                          Page 3

 

NEW BUSINESS

 

1.    ZBA File #1-03, Daniel & Theresa Dolinar, 11 Braunview Way, (Sub Lot 33, Map Cover 2496; SBL#162.15-4-19), Zoned R-1.  Requests an area variance to construct an attached garage 10-ft. from the side lot line.  Min. side setback in an R-1 Zone is 15 feet, Section 144-9B, Schedule of Height, Lot, Yard and Bulk Regulations.

       

        APPEARANCE:  Mr. Daniel Dolinar, property owner

 

 Mr. Dolinar presented photos and explained the site plans for the proposed addition to his existing garage.  He told the members that the proposed addition would not need a variance if it were located farther away from the existing structures.  However, Mr. Dolinar stated it was his intention to preserve the character of the “park-like” area that exists between his and his neighbor’s property.  He also wanted to comply with the wishes of his neighbor that were outlined in a letter addressed to the Board that Mr. Dolinar presented to them from that neighbor.  Mr. Dolinar told the members his present garage is solely used for storage and that he desired the addition to be able to house three family cars and lawn equipment.  He further stated that this addition would allow him to avoid erecting a storage shed.  The Chairman read the letter submitted on behalf of Mr. & Mrs. Besecker, of 9 Braunview Way.   Mr. & Mrs. Besecker feel that the addition as shown on the site plans would be most favorable to them and have no objection to the granting of the variance.  Mr. Dolinar also told the members that he planned to improve the drainage for both properties.

 

The members reviewed photos and the proposed addition plans presented with the petitioner.  The petitioner verified that the proposed design would have a walkway connecting to the house.  He further told the members that in the past the existing rooflines had created a water damage problem.  The rooflines for the addition are planned to avoid this.  It was further established that Mr. Dolinar would be implementing landscaping along the proposed addition that would consist of a walkway with a garden (bushes and flowers) to “dress-up” the area.  Mr. Campion verified and explained to the board members that the petitioner could build the proposed additional garage, detached, without the need for a variance.  However, Mr. Jarocha noted that only a small section (less than 10%) of the proposed addition was not in compliance and in need of the area variance.  Mr. Jarocha further commented on the fact that the addition could be built further back without a variance being needed.  He noted that the petitioner’s intention was to respect his neighbor’s concerns as noted in the letter that had been submitted that additionally stated that the neighbor was in favor of the variance request.  Mr. Jarocha further noted that attaching the addition closer to the house would not be easily accomplished because of the roof problems that had been discussed.

 

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Chairman Orffeo discussed with the petitioner the possibility of having the proposed garage reduced in size as he felt the size of the addition on this pie shaped property would look "hefty".  The petitioner stated that he required the addition to be the size requested and he did not feel the property would appear overwhelmed.  He further stated that he was trying to avoid erecting a shed, as the climate of the neighboring area does not openly favor the look of shed structures.

 

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)

 

NO RESPONSE

 

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.

 

The members concluded their discussion with Mr. Jarocha restating that he felt the variance request was small.  Mrs. Chimes explained why she did not feel the property would look too overwhelmed with the addition.  She further felt other area properties are far more crowded.  Mr. Lennartz stated he was happy to see two neighbors work out this situation to the benefit of both.  Chairman Orffeo stated he felt pie-shaped lots were difficult to work with.

 

Mr. Jarocha made a motion, seconded by Mrs. Chimes, to APPROVE the granting of the area variance for the following reasons:

 

1.                                                                                                                                                                                                                                                                                                                                       There will not be an undesirable change in the character of the neighborhood as there are other structures that exist similar in size.  

 

2.                                                                                                                                                                                                                                                                                                                                       The request is minimal in relation to the ordinance, given it is only a small portion of the addition itself that requires the needed variance.

 

3.                                                                                                                                                                                                                                                                                                                                       This was not self-created, given the nature of the lot.

 

 

ZBA Mtg. #1                            Reg. Mtg. #1             January 21,2003                          Page 5

 

 

 

4.                                                                                                                                                                                                                                                                                                                                       To move the structure to be in compliance would infringe on the neighbor.

 

5.                                                                                                                                                                                                                                                                                                                                       To be fair to the neighbor and to the petitioner this variance should be granted.

 

This variance is granted with the following stipulation:

 

1.  There is to be no storage of any type on the side of the building.

 

THE VOTE ON THE MOTION BEING:

 

Remy Orffeo             AYE

Deborah Chimes                   AYE

Donald Holmwood                AYE

Henry Jarocha                      AYE

Robert Lennartz                   AYE                           

 

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

 

There being no further business to be presented to the Board at this time, the Chairman, Remy C. Orffeo adjourned the meeting at 8:08 p.m.

 

 

 

 

 

 

DATED:              January 27, 2003                                                Respectfully submitted,

REVIEWED:    January  31, 2003                         Rosemary M. Seivert

                                                                                                Zoning Board of Appeals Secretary

                                   

           

 

                                                           

 

Remy C. Orffeo, Chairman