ZBA Mtg. #10 Reg. Mtg. #10 October 21, 2003 Page 1
ZONING BOARD OF APPEALS OF THE TOWN OF ORCHARD PARK, Erie County, New York, minutes of the October 21, 2003 meeting held at the Basement Public Meeting Room, S4295 South Buffalo Street.
MEMBERS PRESENT: Remy Orffeo, Chairman
Henry Jarocha
Robert Lennartz
Jo Ann Litwin, Alternate
Deborah Chimes
EXCUSED: Donald Holmwood
OTHERS PRESENT: David Holland, Assistant Building Inspector
J. Michael Wolf, Deputy Town Attorney
Rosemary Seivert, Zoning Board Secretary
The members recited the Pledge of Allegiance and the Chairman called the meeting to order at 7:33 p.m., stating that 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 AUGUST 19, 2003 REGULAR MEETING:
A motion was made by Mr. Lennartz, seconded by Mr. Jarocha to accept the minutes of the August 19, 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
CHIMES AYE
JAROCHA AYE
LENNARTZ AYE
LITWIN AYE
THE VOTE ON THE RESOLUTION BEING UNANIMOUS, THE RESOLUTION WAS DULY ADOPTED.
APPROVAL OF THE MINUTES OF THE SEPTEMBER 21, 2003 REGULAR MEETING:
A motion was made by Mr. Lennartz, seconded by Mr. Jarocha to accept the minutes of the September 21, 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:
ZBA Mtg. #10 Reg. Mtg. #10 October 21, 2003 Page 2
ORFFEO AYE
CHIMES 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, Article16, 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:
ORFFEO AYE
CHIMES AYE
JAROCHA AYE
LENNARTZ AYE
LITWIN AYE
THE VOTE ON THE MOTION BEING UNANIMOUS, THE MOTION IS PASSED.
OLD BUSINESS
1. ZBA File #30-03, James Manguso representing Orchard Park Associates, 3025 Orchard Park Road, Zoned B-2 (Part of Farm Lot 461, Township 10, Range 7; SBL#152.12-2-2.1). Requests a variance to install a 28-ft. high pedestal sign with two (2), 2 ft-8 inch support pedestals and 93.3 square foot of sign area per side. Maximum height of a pedestal sign is 16 feet. Pedestal signs are to be supported by one (1) pedestal not exceeding 8 inches in horizontal dimension, Section 144-5B. Maximum sign area per side is 40 square feet, Section 144-38C(2).
APPEARANCE: Mr. James Manguso, Architect
Mr. Don Frank, owner
Mr. Robert Freidman, developer
Mr. Manguso presented photos of the proposed sign. He explained that the visibility of the tenants occupying the plaza is a problem. It is his client’s desire to make the plaza more viable by having the proposed sign contain tenant identification.
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The Board Members reviewed and discussed the proposed sign request with the petitioners. Although the members feel the sign is aesthetically pleasing, they told the petitioners that a request for a sign this size in height is excessive. The members discussed various options available to the petitioners.
Mr. Freidman told the members that in order to attract quality tenants it is critical for him to be able to offer a “presence on the street”.
The Chairman then asked if there was anyone in the audience who would wish to speak in favor of granting the variance.
PROPONENT:
Mr. Ben Berusso
Berlow Real Estate
1900 Rand Building
Buffalo, New York 14203
Mr. Berusso told the members that this property has a disadvantage with the building being located at the back from the road. He further confirmed that a potential tenant is awaiting the Board’s decision regarding the signage request to determine if he will commit to leasing space at this plaza.
The Chairman then asked if there was anyone in the audience who would wish to speak against the granting of the 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.
Mrs. Chimes made a motion, seconded by Ms. Litwin, 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
CHIMES AYE
JAROCHA AYE
LENNARTZ AYE
LITWIN AYE
THE VOTE ON THE MOTION BEING UNANIMOUS, A NEGATIVE DECLARATION IS
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MADE UNDER SEQR.
The members agree that the current sign proposal needs to be modified. They suggest that the petitioner reduce the height of the sign to 20’ or less.
Mrs. Chimes made a motion, seconded by Mr. Lennartz, to TABLE this case until the November 18th, 2003 meeting.
THE VOTE ON THE MOTION BEING:
ORFFEO AYE
CHIMES AYE
JAROCHA AYE
LENNARTZ AYE
LITWIN AYE
THE VOTE ON THE MOTION BEING UNANIMOUS, THE MOTION TO TABLE IS PASSED.
2. ZBA file #34-03, Carl Hasselback, 4956 Chestnut Ridge Road, Zoned B-2 (Part of Farm Lot 13, Township 9, Range 7; SBL#172.20-1-17). Requests three variances. First, to allow parking in the front yard. Vehicle parking areas are prohibited in the front yard in a B-2 Commercial Zone, Section 144-29A(4). Second, to allow an entrance/exit for vehicles within 300 ft. of a residential district, Section 144-29C(2). Third, to allow project on a 100-ft. wide lot. Minimum lot width shall be 175 ft. Section 144-29C(3).
Ms. Litwin stated that she would be recusing herself from voting in this case.
APPEARANCE: Mr. Carl Hasselback, Jr.
Mr. Carl Hasselback, Sr.
The Chairman read a correspondence that had been sent to Mr. Hasselback’s attorney, Mr. Palumbo regarding the Board’s intention to rescind its motion to seek lead agency status.
Mr. Hasselback, Jr. made a request to submit a cost estimate for the project being proposed. The Chairman explained to Mr. Hasselback that the Zoning Board of Appeals would no longer require this information to be submitted to this Board. However, the Chairman accepted Mr. Hasselback’s submission for the file, requesting that the Secretary make a copy for Attorney Michael Wolf.
Mr. Lennartz made a motion, seconded by Mrs. Chimes, to RESCIND the Board’s previous motion to seek lead agency status.
THE VOTE ON THE MOTION BEING:
ORFFEO AYE
ZBA Mtg. #10 Reg. Mtg. #10 October 21, 2003 Page 5
CHIMES AYE
JAROCHA AYE
LENNARTZ AYE
THE VOTE ON THE MOTION BEING UNANIMOUS, THE MOTION TO RESCIND IS PASSED.
The Planning Coordinator will be contacted to proceed with the SEQR process.
Mr. Carl Hasselback discussed his feelings regarding this process, noting that having gone through this before he feels that this is inconsequential. The Chairman and Attorney Michael Wolf explained to Mr. Hasselback that the process had to be pursued, because, today, this is a different project.
The Chairman read correspondences received from Mr. & Mrs. Eli Rey of 5098 Chestnut Ridge Road and Mr. & Mrs. Loveless, 6450 Armor Road, both of Orchard Park, stating that they are against the proposed project. These correspondences will be entered into the permanent file.
NEW BUSINESS
1. ZBA File #41-03, Peter Liberatore, 3371 N. Benzing Road, Zoned I-1 (Part of Farm Lot 27, Township 10, Range 7; SBL#152.18-1-2.1). Requests an area variance to install a 28’ high pedestal sign with 48 sq. feet of surface per side. Maximum height of a pedestal sign is 16’, Section 144-5b. Maximum surface per side is 40 square feet, Section 144-38C(2).
APPEARANCE: Mr. Jay Pohlman, owner & attorney
Mr. Pohlman explained the need for the requested sign and presented photos for the members to review. He told the members he would be willing to reduce the height of the requested sign to 20 feet.
The member’s questions established that the sign would display the name “Orchard Park Self Storage LLC” with a phone number and might have a small light underneath. There will be no cap lighting.
The Chairman then asked if there was anyone in the audience who would wish to speak in favor of granting the variance.
(Twice)
NO RESPONSE
The Chairman then asked if there was anyone in the audience who would wish to speak against the granting of the variance.
(Twice)
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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 spoke favorably regarding the compromise made by Mr. Pohlman to reduce the height of the proposed sign to 20 feet. Mr. Jarocha noted that the proposed sign would be consistent with the other signs in this industrial area.
Mr. Lennartz made a motion, seconded by Mrs. Chimes, 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
CHIMES AYE
JAROCHA AYE
LENNARTZ AYE
LITWIN AYE
THE VOTE ON THE MOTION BEING UNANIMOUS, A NEGATIVE DECLARATION
IS MADE UNDER SEQR.
Mr. Jarocha made a motion, seconded by Mrs. Chimes to GRANT the area variance for the following reasons:
1. The request is not substantial.
2. There will be no change to the character of the neighborhood. Many of the adjacent industrial properties already have existing signs similar in size.
3. There will be no adverse effect on the health, safety and welfare of the neighborhood.
4. The request is justified to allow the petitioner to retain a reasonable return/investment on his property.
The request is granted with the following stipulation:
1. The maximum height of the sign is to be 20 feet.
THE VOTE ON THE MOTION BEING:
ORFFEO AYE
CHIMES AYE
ZBA Mtg. #10 Reg. Mtg. #10 October 21, 2003 Page 7
JAROCHA AYE
LENNARTZ AYE
LITWIN AYE
THE VOTE ON THE MOTION BEING UNANIMOUS, THE AREA VARIANCE REQUEST IS HEREBY GRANTED WITH A STIPULATION.
2. ZBA File #42-03, Chris & Susan Heard, 15 Harmony Circle, Zoned R-2 (Sub Lot 43, Map Cover 2737; SBL#172.20-2-18). Requests an area variance to construct an attached garage 13 feet from the side lot line. Minimum side yard setback for an R-2 lot divided after 12/89 is 15 feet, Section 144-9B. Schedule of Height, Lot, Yard & Bulk regulations.
APPEARANCE: Mr. Scott Nurmi, Superior Builders
The Chairman accepted a letter submitted by Mr. Nurmi authorizing him to represent Mr. & Mrs. Heard. Mr. Nurmi explained the plans for the proposed attached garage to the members noting that the neighbors contacted had not voiced any objections. Mr. Nurmi noted that the attached garage is being requested to obtain additional vehicle and storage space and that there is no other way to achieve this benefit.
Mr. Jarocha established that the percentage of being in noncompliance is a matter of less than 24 inches and that a reduction in the building would make it non-useable.
The Chairman then asked if there was anyone in the audience who would wish to speak in favor of granting the variance.
(Twice)
NO RESPONSE
The Chairman then asked if there was anyone in the audience who would wish to speak against the granting of the 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 Chairman noted that the lot was irregular shaped and that the request is not substantial.
ZBA Mtg. #10 Reg. Mtg. #10 October 21, 2003 Page 8
Mrs. Chimes made a motion, seconded by Mr. Lennartz, to GRANT the request for an area variance for the following reasons:
1. There will be no undesirable change to the character of the neighborhood.
2. The benefit cannot be achieved in another way.
3. The variance is not substantial.
4. There will be no effect on the environment.
5. There will be no negative impact on the neighborhood
THE VOTE ON THE MOTION BEING:
ORFFEO AYE
CHIMES AYE
JAROCHA AYE
LENNARTZ AYE
LITWIN AYE
THE VOTE ON THE MOTION BEING UNANIMOUS, THE AREA VARIANCE REQUEST IS HEREBY GRANTED.
3. ZBA File #43-03, John L. Renzoni, 10 Brookview Terrace, Zoned R-3 (Sub Lot 5, Map Cover 2041; SBL#161.05-2-16). Requests an area variance to construct an attached garage 5 feet from the side lot line. Minimum side yard setback for an 80’ side lot in an R-3 Zone is 7 feet, Sections 144-20A(2).
APPEARANCE: Mr. John Renzoni, property owner
Mr. Renzoni presented photos and explained to the members that he would like to have additional space to store several cars. Mr. Renzoni stated the contractor had advised him that it would be more affordable to build an attached garage.
Mr. Jarocha established that the petitioner has owned this property for two months. The lot is 80 feet wide and Mr. Renzoni has no other place to locate the attached garage.
The Chairman established that Mr. Renzoni has spoken to his neighbors and they have no objection to the granting of the variance.
The Chairman then asked if there was anyone in the audience who would wish to speak in favor of granting the variance.
(Twice)
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NO RESPONSE
The Chairman then asked if there was anyone in the audience who would wish to speak against the granting of the 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 Mrs. Chimes, to grant the area variance request for the following reasons:
1. There will be no undesirable change to the character of the neighborhood.
2. The benefit sought cannot be achieved in another way.
3. The request for a two-foot variance is not substantial.
4. There will be no adverse effect on the neighborhood.
5. The hardship was not self created.
THE VOTE ON THE MOTION BEING:
ORFFEO AYE
CHIMES AYE
JAROCHA AYE
LENNARTZ AYE
LITWIN AYE
THE VOTE ON THE MOTION BEING UNANIMOUS, THE AREA VARIANCE REQUEST IS HEREBY GRANTED.
4. ZBA File #44-03, Michael C. Pierce of Hillside Children’s Center, 4550 Abbott Road, Zoned R-3 (Part of Farm Lot 38, Township 9, Range 7; SBL#171.12-3-3.1). Requests an area variance to install a 6 feet high fence within a front yard. Maximum height of a fence in a front yard is 3 feet, Section 144-22A(1).
APPEARANCE: Mr. Michael Pierce, Hillside Children’s Center
The Chairman noted that Mr. Michael Alspaugh, Senior Planner for the Erie County Division of Planning had made no recommendation regarding this
request but did offer the following comment: “the fence must not impede
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driveway visibility for safe access/egress”.
Mr. Pierce explained the situation that led to an adjacent neighbor’s request for a fence to be installed between her property and the Hillside Children’s property. The main reason for the fence is to address the privacy concerns of the neighbor.
Mr. Lennartz told Mr. Pierce that he does not feel the proposed fence is a solution to stopping a resident of the home, who is approximately 15 to 21 years of age, from being a problem to the neighbor. Mr. Pierce told the members that the neighbor has requested the fence as being a solution to the problems she has experienced and feels that it will give her a level of comfort.
Chairman Orffeo established that a 6-foot high fence could be installed in the back yard area without a variance request. He noted that the installation of the proposed fence might cause the reported problems to shift to the neighbor on the other side because that area would be open. The Chairman expressed his concerns that the center is not able to control their clients through proper supervision. He further stated that a solid 6-foot high fence would appear as a stockade up to the front of the property. Chairman Orffeo feels the alternative is to locate the fence at the back. Mr. Pierce told the members that that the area in the back is wet, limiting space for the clients. Mr. Pierce told the members that increased supervision and restrictions will help the situation and that this has been discussed with the adjacent neighbor.
The Chairman then asked if there was anyone in the audience who would wish to speak in favor of granting the variance.
(Twice)
PROPONENT:
Ms. Leslie Hofner
4536 Abbott Road
Orchard Park, New York 14127
Ms. Hofner told the members of incidences that have occurred with the residents of the center. She expressed concerns for her safety and requests that the members grant the variance for the fence.
The Chairman then asked if there was anyone in the audience who would wish to speak against the granting of the variance.
(Twice)
NO RESPONSE
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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.
Ms. Litwin stated she does not feel that it is possible to limit the clients to the back yard area. She feels the fence request should be allowed in order to give the neighbor the privacy she is looking to have. She feels that the proposed fence will create a line, separating the two properties and that this may help keep the clients on their property. She also suggests that shrubbery be placed around the fence as a buffer.
The Chairman discussed the fact that Ms. Hofner could install a 6-foot high fence on her property and be in compliance with the code.
There was confusion with the site plan presented by the petitioners. It was established that the request was not to extend the fence up to the street, rather the request was to have the fence installed only to the front corner of Ms. Hofner’s house.
Mr. Lennartz discussed with Mr. Pierce the fact that he does not see the fence solving the problem.
The Chairman noted that the fence would give a visual barrier and this may help stop the staring and the comments from the residents that the neighbor is concerned with.
Ms. Litwin made a motion, seconded by Mrs. Chimes, to GRANT the area variance for the following reasons:
1. There will be no undesirable change in the character of the neighborhood or a detriment created to the nearby properties.
2. The benefit being sought cannot be achieved in another way.
3. The request is not substantial.
4. There will be no adverse effect or impact on the physical or environmental conditions.
5. The difficulty was not self created.
The request is granted with the following stipulation:
1. The 6-foot portion of the fence will not exceed the front corner of the house located at 4538 Abbott Road.
THE VOTE ON THE MOTION BEING:
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ORFFEO AYE
CHIMES AYE
JAROCHA AYE
LENNARTZ AYE
LITWIN AYE
THE VOTE ON THE MOTION BEING UNANIMOUS, THE AREA VARIANCE REQUEST IS HEREBY GRANTED WITH A STIPULATION.
5. ZBA File #45-03, Albert Schlisserman, M.D., 3151 Southwestern Boulevard, Zoned B-2 (Part of Far