ZBA Mtg. #10 Reg. Mtg. #10 October 19, 2004 Page 1
ZONING BOARD OF APPEALS OF THE TOWN OF ORCHARD PARK, Erie County, New York, minutes of the October 19, 2004 meeting held at the Basement Public Meeting Room, S4295 South Buffalo Street.
MEMBERS PRESENT: Remy Orffeo, Chairman
Robert Lennartz
Joseph Liberti
Jo Ann Litwin
Mark Dietriek, Alternate
EXCUSED: Donald Holmwood
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.
The Chairman appointed Mr. Lennartz to be Acting Chairman assuming the duties of the Chairman in his absence.
APPROVAL OF THE MINUTES OF THE SEPTEMBER 21, 2004 REGULAR MEETING:
Mr. Lennartz noted the following correction to the September 21, 2004 minutes; he has raised two children, not three as recorded on page six.
A motion was made by Mr. Lennartz, seconded by Mr. Dietriek, to accept the minutes of the September 21, 2004 meeting as corrected 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
DIETRIEK AYE
LENNARTZ AYE
LIBERTI AYE
LITWIN AYE
THE VOTE ON THE RESOLUTION BEING UNANIMOUS, THE RESOLUTION WAS DULY ADOPTED.
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The Chairman stated that site inspections of all cases presented tonight were made by:
ORFFEO AYE
LENNARTZ AYE
LIBERTI AYE
LITWIN AYE
DIETRIEK AYE
NEW BUSINESS
1. ZBA File #42-04, Vincent J. Coppola, 15 Pinewood Drive, Zoned R-2 (Sub Lot #5, Map Cover 2204, SBL#172.03-4-12). Requests an area variance to install an 8’ high fence along 115’ of his west property line. Maximum height of a fence in a rear yard is 6’, Section #144-22(A)(2).
APPEARANCE: Mr. Vincent Coppola, petitioner and property owner
Mr. Coppola told the Board that he has resided in his home since 1966. He further told the members that his west property line had a significant loss of trees, which eliminated the buffering, that had been in place between him and his neighbor. Mr. Coppola noted that he presently has a direct view into his neighbor’s pool area from his deck. He presented plans to the members to construct an 8’ high fence to achieve privacy for his neighbor and himself. Mr. Coppola stated that he only requires a 6’ high fence at the back of the property and for a portion on the other side because the existing shrubbery provides adequate buffering. He told the members that his neighbor does not object to the 8’ high fence, as it will benefit both of them.
Mr. Coppola submitted a correspondence from his neighbor located on the east side of the property, Mr. & Mrs. John Earrington, of 11 Pinewood Drive, indicating that they have no objection to the granting of the variance. Mr. Coppola noted that his neighbor located at the back of his property has, also, not expressed any objections.
The members’ questions established that the fence would be white vinyl and that the main reason for the request is for privacy. It was also established that the property slopes on the west side and that a 6’ fence would not bring relief. The construction of the fence will not result in the removal of the existing trees.
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
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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 noted that there is no dispute between the neighbors and that the construction of the fence was based on a mutual need for privacy. Mr. Lennartz stated that he has no objections to the request.
Chairman Orffeo noted that the applicant could fill in the sloping area and install a 6’ fence on top of the fill, achieving the same results, but that this would be more costly.
Mr. Dietriek made a MOTION, seconded by Mr. Lennartz, to GRANT the area variance for the following reasons:
1. There will be no undesirable change to the character of the neighborhood.
2. The difficulty was not self created. The topography of the property created the problem.
THE VOTE ON THE MOTION BEING:
ORFFEO AYE
DIETRIEK AYE
LENNARTZ AYE
LIBERTI AYE
LITWIN AYE
THE VOTE ON THE MOTION BEING UNANIMOUS, THE MOTION IS HEREBY PASSED.
Mr. Coppola told the Chairman that both Mr. David Holland and Mrs. Lucy Frank of the Building Inspector’s Office were a great help to him. He complimented them on their helpfulness and assistance with his variance filing.
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2. ZBA File #43-04, Phil Huber & St. Bernadette’s, 5870 S. Abbott Road, Zoned A-1 (Part of Farm Lot 35, Township 9, Range 7, SBL#184.00-6-40). Requests a variance to install a second freestanding sign with 34.5 square feet of display surface per side. Signs permitted in an A-1 Zone do not include freestanding identification signs, Section 144-37.
APPEARANCE: Mr. Phil Huber, Business Manager
Reverend Nugent
Mr. Huber presented plans for a proposed announcement sign. He told the members that the sign would replace the “bingo” sign that presently exists. The “bingo” sign will be removed, as the parish no longer operates “bingo” games. The proposed sign will be illuminated and have letters that will be 4” in high. Mr. Huber told the members that the proposed sign would display announcements for the parish and the community. Another sign exists on the property that identifies the parish.
Mr. Lennartz established with the petitioner that the sign height could be reduced to 6 feet and still achieve the result that is desired.
The Chairman confirmed that the sign will be installed per the Orchard Park ordinances and not be placed in the right-of-way. It was also confirmed that the parish owns three lots. One of the lots is adjacent to their property. The Chairman also established that the representatives of St. Bernadette’s agree not to seek variances for other signs on this property.
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 Ms. Litwin, that this is an Unlisted action and that a Negative Declaration under SEQR be made based on the submitted short EAF.
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THE VOTE ON THE MOTION BEING:
ORFFEO AYE
DIETRIEK AYE
LENNARTZ AYE
LIBERTI AYE
LITWIN AYE
THE VOTE ON THE MOTION BEING UNANIMOUS, A NEGATIVE DECLARATION IS MADE UNDER SEQR.
The Chairman discussed the illumination of the sign and it was agreed that the sign would be shut off at midnight each day.
Mr. Lennartz made a MOTION, seconded by Mr. Liberti, to GRANT a sign variance with STIPULATIONS for the following reasons:
1. There will be no undesirable change in the character of the neighborhood or a detriment to nearby properties.
2. The benefit 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 of the neighborhood.
5. The difficulty was not self-created.
This variance is granted with the following stipulations:
1. The sign may only be 6 feet in height.
2. The sign is not to be illuminated past midnight.
THE VOTE ON THE MOTION BEING:
ORFFEO AYE
DIETRIEK AYE
LENNARTZ AYE
LIBERTI AYE
LITWIN AYE
THE VOTE ON THE MOTION BEING UNANIMOUS, THE MOTION IS HEREBY PASSED WITH STIPULATIONS.
3. ZBA File #44-04, James R. Nichols, 6685 Scherff Road, Zoned A-1 (Part of Farm Lot 1, Township 9, Range 7, SBL#198.00-5-24.22). Requests an area variance to
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construct a detached garage in a front yard. No accessory structure shall be located within the front yard, Section 144-24 A(1) (b).
APPEARANCE: Mr. James Nichols, petitioner and property owner
Mr. Nichols presented his plan and explained to the members that he desires to construct a 30’ x 40’ detached garage. Mr. Nichols told the members he operates a carpet cleaning business and that the truck he uses to perform services with must not be stored outside in freezing temperatures. He also would like to use the garage to store personal items.
Mr. Liberti established that Mr. Nichols did not have this equipment during the last winter season. He further established that the building color would be neutral, possibly “clay”. Mr. Liberti discussed locating the garage elsewhere on the property. Mr. Nichols explained to the members why the proposed location was the best choice, citing the sloping topography, fill that is needed, tree removal and the location of an existing septic system.
Ms. Litwin established that Mr. Nichols is one of the first businesses in the New York State area with this type of vehicle. The truck is 8 feet – 6 inches high and is almost 23 feet long. Mr. Nichols noted that his neighbors have no objection to the variance request. He also stated that when the opportunity presented itself for him to develop this business, he had thought he would be able to rent space for the vehicle. However, he has found the cost of renting space for the vehicle to be prohibitive. Mr. Nichols told the members that having the materials freeze would be very costly.
Mr. Dietriek confirmed that the proposed plan will require less fill and that the least amount of trees will be removed. Mr. Nichols told the members that the building would be less visible from the road if it is constructed at this site. Mr. Dietriek verified that the material contained in the truck is not routinely discharged.
The Chairman noted that the applicant has an existing three-car garage. He confirmed with Mr. Nichols that there are no plans to have a living area created or to operate a business with customers visiting the site. The proposed garage is strictly to be used to store the vehicle. It was also verified that the cost to Mr. Nichols to locate the garage parallel to the home would be substantial due to the amount of fill that would be needed. It was further established that the natural existing buffer would not be removed. It must remain to screen the building from the road.
The Chairman stated that a petition had been received, signed by three neighbors noting that they had no objection to the variance request. However, the petition did not include addresses. Mr. Nicholas told the members that Mr. Buerster resides at 6645 Scherff Road, and is the most affected neighbor. Mr. Wojcik resides at 6646 Scherff Road and is located across the road from the site. Mrs. Alico resides at 6707 Scherff Road, and is located on the south side of the site.
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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.
Chairman Orffeo made a MOTION, seconded by Ms. Litwin to GRANT the variance with STIPULATIONS for the following reasons:
1. The applicant has shown that a hardship will be created without having the additional storage space for the business vehicle.
2. There will not be an undesirable change in the character of the neighborhood because of the location of the proposed project.
3. The hardship, though somewhat self-created, is not a reason to preclude the granting of the variance.
4. The only relief the applicant has is to construct a garage.
The variance is granted with the following stipulations:
1. The proposed structure is not to have a living area within it.
2. The operation of an “at home business” may not take place inside it.
3. The screening provided by the existing trees and shrubbery at the front of the proposed building and to the side facing Scherff Road is not to be removed.
THE VOTE ON THE MOTION BEING:
ORFFEO AYE
DIETRIEK AYE
LENNARTZ AYE
LIBERTI AYE
ZBA Mtg. #10 Reg. Mtg. #10 October 19, 2004 Page 8
LITWIN AYE
THE VOTE ON THE MOTION BEING UNANIMOUS, THE MOTION IS HEREBY PASSED WITH STIPULATIONS.
4. ZBA File #45-04, Karen Schrenk, 409 Hillside Avenue, Zoned R-3 (Sub Lot #’s 326, 327 & 328, Map Cover 860, SBL#152.09-4-19). Requests an area variance to construct a patio room addition with a rear yard setback of 38’. Minimum rear yard setback for this R-3 lot of record is 40’, Section 144-9B Schedule of Height, Lot, Yard & Bulk Regulations.
APPEARANCE: Mr. Ed Sawyer, Custom Patio Rooms
The Chairman noted that the petitioner had provided a letter authorizing Mr. Sawyer to represent her case.
Mr. Sawyer presented and explained the plans for the proposed 12’ x 14’ patio room addition.
Mr. Liberti established that the addition would be constructed to match the current structure and be a three-season room. Mr. Sawyer submitted photographs for the members to review of a similar room.
Mr. Lennartz asked if a 10’ x 13’ room would work and Mr. Sawyer explained that it would not work with furniture and use, as the room would be too narrow. The applicant had wanted the room to be larger; however they have kept the request as minimal as possible. The trim of the house will match the addition.
Building Inspector Holland confirmed that the home is less than one year old.
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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Mr. Liberti made a MOTION, seconded by Ms. Litwin, to GRANT the area variance for the following reasons:
1. The benefit cannot be achieved in another way.
2. There will be no adverse effect or impact on the physical or environmental conditions of the neighborhood or district.
3. There will be no undesirable changes in the character of the neighborhood.
4. It will enhance the residence and the area.
THE VOTE ON THE MOTION BEING:
ORFFEO AYE
DIETRIEK AYE
LENNARTZ AYE
LIBERTI AYE
LITWIN AYE
THE VOTE ON THE MOTION BEING UNANIMOUS, THE MOTION IS HEREBY PASSED.
Chairman, Remy C. Orffeo adjourned the meeting at 8:20 p.m.
DATED: November 1, 2004 Respectfully submitted,
REVIEWED November 8, 2004 Rose Seivert, Secretary
Zoning Board of Appeals
Remy C. Orffeo, Chairman