ZBA Mtg. #8 Reg. Mtg. #8 August 17, 2004 Page 1
ZONING BOARD OF APPEALS OF THE TOWN OF ORCHARD PARK, Erie County, New York, minutes of the August 17, 2004 meeting held at the Basement Public Meeting Room, S4295 South Buffalo Street.
MEMBERS PRESENT: Remy Orffeo, Chairman
Donald Holmwood
Robert Lennartz
Jo Ann Litwin
EXCUSED: Henry Jarocha
OTHERS PRESENT: David Holland, 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 7:30 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 JULY 20, 2004 REGULAR MEETING:
A motion was made by Mr. Lennartz, seconded by Mr. Holmwood, to accept the minutes of the July 20, 2004 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
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
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made by:
ORFFEO AYE
HOLMWOOD AYE
LENNARTZ AYE
LITWIN AYE
The Chairman stated that at tonight’s meeting we do not have full Board representation. In these circumstances it will require (3) votes to approve any motion that is presented. If a vote results in a two/two tie, the motion will be defeated. As a result, we offer petitioners the following three options; 1) we can vote on the petition and the petitioner must accept the Board’s decision. 2) We can hear the case and postpone the vote until the next meeting of the Board when a full Board is present. (The absent member of the Board will review the testimony and all appropriate documents prior to the meeting.) 3) The petitioner can postpone making his presentation until the next meeting of this body.
OLD BUSINESS
1. ZBA File #5-04, Michael Metzger & Rolling Ridge Development Co., Re: Vacant Land, west side of South Abbott Road (Part of Farm Lot 35, Township 9, Range 7; SBL#184.00-6-41.1), requests an area variance to reduce lot requirements to be consistent with lots in a subdivision in the Town of Hamburg, which they are part of. Section 144-9B, Schedule of Height, Lot, Yard & Bulk Regulations. Note: This is an amended request for a variance previously granted in 1996 (ZBA File #32-96) and 2001 (ZBA File #5-01). This request was partially approved at the May 18, 2004 meeting and rescheduled for the August meeting.
The Chairman stated that the petitioner has requested a postponement. This case will be heard under “Old Business” at the October 19, 2004 meeting.
NEW BUSINESS
1. ZBA File #32-04, Gerald B. Pohle, 4786 Abbott Road, Zoned R-2 (Part of Farm Lot 38, Township 9, Range 7; SBL#171.16-3-8). Requests an area variance to allow a screened building with a 16.2’ side yard setback to remain. Forty feet is required, Section 144-22D. Note: This variance request was previously granted on 7/19/94 with a stipulation that it be reviewed in ten years.
APPEARANCE: Gerald Pohle, property owner
The Chairman established that Mr. Pohle had been granted an area variance with the stipulation that he was to return to the Board after ten years for further review. Mr. Pohle told the members that he has no new information to present to the Board. Building Inspector, Dave Holland confirmed that no problems had ever been reported and that the building is in sound condition. Mr. Lennartz established that there have been no changes to the building and that it is exactly what it was ten years ago.
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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 received any additional communications either for or against granting the variance.
The Secretary stated no communications have been received.
The members concluded that the building is well maintained, that there have been no complaints from the neighbors and that the building fits the character of the neighborhood.
Ms. Litwin made a motion, seconded by Mr. Lennartz, to PERMANENTLY GRANT the area variance for the following reasons:
1. There will be no undesirable change to the character of the neighborhood.
2. The benefit cannot be sought or achieved in another way.
3. The request is not substantial.
4. There will be no adverse impact on the environment.
5. The structure is sound and the request shall be granted on a permanent basis.
THE VOTE ON THE MOTION BEING:
ORFFEO AYE
HOLMWOOD AYE
LENNARTZ AYE
LITWIN AYE
THE VOTE ON THE MOTION BEING UNANIMOUS, THE MOTION IS HEREBY PASSED.
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2. ZBA FILE #33-04, Douglas & Lori DiMillo, 8 Old Post Road, Zoned R-2 (Sub Lot 112, Map Cover 2409; SBL#184.09-5-38). Requests an area variance to construct a sunroom addition with a rear yard setback of 25’. Minimum rear yard setback for an R-2 lot of record is 40’, Section 144-9B, schedule of Height, Lot, Yard & Bulk Regulations.
APPEARANCE: Mr. & Mrs. DiMillo, property owners
Mr. DiMillo presented and explained his plans for a proposed sunroom addition. The members reviewed photos presented by Mr. DiMillo and verified the location of the proposed sunroom. They agreed that the existing vegetation would prevent the neighbors from viewing the addition and that its location was quite private. A petition, signed by neighbors residing at 3 Old Post Road, 6 Old Post Road, 10 Old Post Road, 62 Old Orchard Lane and 117 Old Orchard Lane stated that they had 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)
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 received 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 Mr. Holmwood, to GRANT the area variance for the following reasons:
1. There will be no undesirable change to the character of the neighborhood.
2. There will not be a detriment created to any of the nearby properties.
3. The benefit cannot be achieved in another way.
4. The request is not substantial.
5. There will be no adverse effect on the environmental conditions of the neighborhood.
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6. The difficulty was not self-created.
THE VOTE ON THE MOTION BEING:
ORFFEO AYE
HOLMWOOD AYE
LENNARTZ AYE
LITWIN AYE
THE VOTE ON THE MOTION BEING UNANIMOUS, THE MOTION IS HEREBY PASSED.
3. ZBA FILE #34-04, Brian F. Krantz, 6645 Milestrip Road, Zoned R-2 (Part of Farm Lot 14, Township 10, Range 7; SBL#161.08-2-13.12). Requests an area variance to construct a barn with a side yard setback of 5’. Minimum side yard setback for an R-2 lot divided after 12/89 is 15’, Section 144-9B, Schedule of Height, Lot, Yard & Bulk Regulations.
APPEARANCE: Mrs. Krantz, property owner
Mrs. Krantz presented and explained plans for a proposed pole barn. She told the members that she desires to use her current driveway to access this building. Mrs. Krantz told the members that she believes that the property adjacent to the proposed pole barn location could never be developed. The members discussed this and concluded that this could not be verified. The members discussed relocating the proposed pole barn, but decided that keeping the existing driveway accessible to the building would offer conformity to the property and look aesthetically pleasing.
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 received any additional communications either for or against granting the variance.
The Secretary stated no communications have been received.
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The members discussed the request and concluded that the location of the proposed pole barn did not present a problem.
Mr. Lennartz made a motion, seconded by Mr. Holmwood, to GRANT the variance for the following reasons:
1. There will be no undesirable change to the character of the neighborhood or a detriment to the nearby properties.
2. The benefit sought cannot be achieved in another way.
3. The request is not substantial.
4. There will be no adverse effect to the character or environment of the neighborhood.
5. The difficulty, although self-created, does not preclude granting the variance.
THE VOTE ON THE MOTION BEING:
ORFFEO AYE
HOLMWOOD AYE
LENNARTZ AYE
LITWIN AYE
THE VOTE ON THE MOTION BEING UNANIMOUS, THE MOTION IS HEREBY PASSED.
Chairman, Remy C. Orffeo adjourned the meeting at 7:55p.m.
DATED: August 24, 2004 Respectfully submitted,
REVIEWED September 2, 2004 Rose Seivert, Secretary
Zoning Board of Appeals
Remy C. Orffeo, Chairman