ZBA Mtg. #3 Reg. Mtg. #3 March 16, 2004 Page 1
ZONING BOARD OF APPEALS OF THE TOWN OF ORCHARD PARK, Erie County, New York, minutes of the March 16, 2004 meeting held at the Basement Public Meeting Room, S4295 South Buffalo Street.
MEMBERS PRESENT: Remy Orffeo, Chairman
Donald Holmwood
Henry Jarocha
EXCUSED: Robert Lennartz
Deborah Chimes
Jo Ann Litwin, Alternate
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 7:34 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 February 17, 2004 REGULAR MEETING:
A motion was made by Mr. Holmwood, seconded by Mr. Jarocha, to accept the minutes of the February 17, 2004, 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
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:
ZBA Mtg. #3 Reg. Mtg. #3 March 16, 2004 Page 2
ORFFEO AYE
HOLMWOOD AYE
JAROCHA AYE
The Chairman
The Chairman noted that File #05-04 was removed at the request of the petitioner. He further noted that this case may be rescheduled for the Zoning Board of Appeals May 18th meeting if the petitioner contacts the Building Inspector’s Office before the cut-off date.
NEW BUSINESS
1. ZBA File #4-04, Gerald E. Kohl, 6606 Chestnut Ridge Road, Zoned A-1 (Part of Farm Lot 9, Township 9, Range 7; SBL#197.00-3-22), requests an area variance to construct a detached garage with a building area of 672 sq. ft. Total building area of accessory structures with proposed garage is 2,042 square feet. Building area of dwelling is 780 sq. ft. Accessory area shall not dominate principal use area, Section 144-5B.
APPEARANCE: Mr. Gerald Kohl, property owner
The Chairman told the petitioner that we do not have full Board representation at tonight’s meeting and that it would require all three (3) members to approve any motion that is presented, otherwise the motion will be defeated. He explained to the petitioner the options that were open to him and Mr. Kohl stated that he would like the Board to review and vote on his variance request this evening.
Mr. Kohl stated that a fire had destroyed a storage area he owned located in the Town of Hamburg. He explained to the members his need for more garage space and the plans for the proposed building.
Mr. Jarocha inquired if drainage problems would be created and it was established that there would be none created. Mr. Jarocha asked if the adjacent neighbor, Mr. Sponholz supported this request. Mr. Kohl stated that his neighbors support the variance request and he submitted seven (7) letters of support, including one from Mr. Sponholz. The Chairman briefly reviewed these letters and stated that they would be entered into the file. He further noted that a neighbor (Mr. Jim Morse) supported the request, but asks that Mr. Kohl have no overnight bright lights. Mr. Jarocha discussed and verified with Mr. Kohl that he would not have “spot lights” on all night.
Mr. Holmwood established that the building would have electrical and that the driveway would not be extended.
Chairman Orffeo established that the proposed building would be approximately 360 feet back from the front lot line. He stated that Mr. Michael Alspaugh of Erie County Planning had expressed concerns regarding the proposed building’s visibility. The Chairman noted that there
ZBA Mtg. #3 Reg. Mtg. #3 March 16, 2004 Page 3
would be no impact on individuals that drive by this property. The proposed building is located far back on the property and no one will see the building when they drive by.
The Chairman then asked if there was anyone in the audience who would wish to speak in favor of the granting of 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. Holmwood made a motion, seconded by Mr. Jarocha, that the area variance be GRANTED with the following stipulation:
1. There is to be no overnight lighting utilized on the garage.
THE VOTE ON THE MOTION BEING:
ORFFEO AYE
HOLMWOOD AYE
JAROCHA AYE
THE VOTE ON THE MOTION BEING UNANIMOUS, THE VARIANCE IS HEREBY GRANTED WITH A STIPULATION.
Chairman, Remy C. Orffeo adjourned the meeting at 7:50 p.m.
DATED: March 19, 2004 Respectfully submitted,
REVIEWED April 1, 2004 Rose Seivert, Secretary
Zoning Board of Appeals
Remy C. Orffeo, Chairman