ZBA Mtg. #7 Reg. Mtg. #7 July 19, 2005 Page 1
ZONING BOARD OF APPEALS OF THE TOWN OF ORCHARD PARK, Erie County, New York, minutes of the July 19, 2005 meeting held in the Basement Public Meeting Room, S4295 South Buffalo Street.
MEMBERS PRESENT: Remy Orffeo, Chairman
Donald Holmwood
Robert Lennartz
Joseph Liberti
Jo Ann Litwin
Mark Dietrick, Alternate
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 JUNE 21, 2005 REGULAR MEETING:
Upon a motion duly made and seconded, the reading of the minutes of the June 21, 2005 Zoning Board of Appeals meeting was unanimously waived as each Board Member had previously received copies.
Mr. Lennartz made a MOTION, seconded by Mr. Liberti, to accept the minutes of the June 21, 2005 meeting as presented.
THE VOTE ON THE MOTION BEING:
ORFFEO AYE
HOLMWOOD AYE
LENNARTZ AYE
LIBERTI AYE
LITWIN AYE
THE VOTE IS UNANIMOUSLY PASSED.
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.
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The Chairman stated that site inspections of all cases presented tonight were made by:
ORFFEO AYE
DIETRICK AYE
HOLMWOOD AYE
LENNARTZ AYE
LIBERTI AYE
LITWIN AYE
1. ZBA File #34-05, Maggie Buckley with Joseph & Mary Nardiello, 7980 Jewett-Holmwood Road, Zoned A-1 (Part of Farm Lot 70, Township 9, Range 7; SBL #173.04-2-13.1). Requests a variance to allow 2 alpacas to be housed on this 4 acre parcel. Farm animals shall not be housed except on a farm, Section 144-32A (1). Minimum parcel size for a farm is 5 acres, Section 144-5B.
APPEARANCE: Mr. & Mrs. Buckley, petitioners
Mrs. Buckley told the Board that they desire to purchase the Nardiello’s property and house 2 alpacas in an existing shed. She explained that caring for the alpacas is a part of her daughter’s therapy. She provided the Board with photos and information regarding alpacas.
The members’ questions established the following; the Buckleys’ will reside at this location with the alpacas. Alpacas are part of the camel family and do not graze excessively. The alpacas will be housed in an existing shed on the property that is not visible from other properties or from the road. Mrs. Buckley stated that no trees will be removed and that the two proposed alpacas will share a common manure area. Alpacas make a gentle humming sound and will not be a disturbance to the neighbors. They are tame, healthy, clean animals, growing to be 3 to 5 feet in size. They will be sheared approximately once a year and the wool will not be for sale. Mrs. Buckley noted that there must be two at all times, as the remaining one would die without having its companion. No breeding will take place; the two alpacas will be gelded males from the same herd. Their life span is approximately 18 to 20 years. It was also noted that the Buckleys’ have a pet dog.
The Chairman then asked if there was anyone in the audience who would wish to speak in favor of granting the variance.
Mr. Joseph Nardiello, property owner
7978 Jewett-Holmwood Road
Orchard Park, NY 14127
Mr. Nardiello noted that the shed is located in a pasture that is not in view from the road or to a neighbor, even during the winter months. He noted that alpacas need very little space.
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AGAINST:
Mrs. Corrine Beck
7915 Jewett-Holmwood Road
Orchard Park, NY 14127
Mrs. Beck noted that she would like a stipulation placed on the total number of alpacas allowed at the property to two, in addition to having a stipulation on the total number of animals allowed. The Building Inspector noted that 3 dogs are legally allowed.
Dr. Beth Moscato
2 Valley View Drive
Orchard Park, NY 14127
Dr. Moscato expressed her concerns regarding the animals and children that may want to cause trouble and harm to them. She also verified with Mrs. Buckley that if her daughter outgrows the alpacas they will be kept as pets.
Ms. Litwin made a motion, seconded by Mr. Lennartz, 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
HOLMWOOD AYE
LENNARTZ AYE
LIBERTI AYE
LITWIN AYE
THE VOTE ON THE MOTION BEING UNANIMOUS, A NEGATIVE DECLARATION IS MADE UNDER SEQR.
Mr. Lennartz noted that the request is reasonable when you compare it to having three German shepherds on a property. In this instance the alpacas are a part of a child’s therapy. He believes that noise will not be a problem and that the size of the alpaca is not over whelming. He would like the variance to be reviewed by the Board in five years.
Mr. Dietrick stated that he, too, feels the request is reasonable. He discussed having the alpacas groomed off the premises based on the “heart of the code”. This aspect was discussed further and Mr. Dietrick noted that it would not be necessary to have the applicant pursue this.
The Chairman discussed stipulating that the variance be for the current alpaca that is owned and one other. If one of the two alpacas were to die, the applicant
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would need to reapply for the variance. In addition, there is to be no breeding of the animals or commercial business operation with the wool that is sheared.
Mr. Lennartz made a MOTION, seconded Ms. Litwin, to GRANT the variance with stipulations to house two alpacas for the following reasons:
1. There will be no desirable change to the character of the neighborhood or a detriment to nearby properties created.
2. The benefit cannot be achieved in another way.
3. The request is not substantial.
4. There will be no adverse impact or effect on the physical or environmental conditions of the neighborhood or district.
5. The difficulty is self created, but that does not preclude the granting of the variance.
This variance is granted with the following stipulations:
1. There will be no breeding of the animals.
2. There will only be two alpacas on this parcel.
3. The variance is in effect for five years. After that period the applicant must return before the Board for review of this case.
THE VOTE ON THE MOTION BEING:
ORFFEO AYE
HOLMWOOD AYE
LENNARTZ AYE
LIBERTI AYE
LITWIN AYE
THE VOTE TO GRANT THE VARIANCE WITH STIPULATIONS IS UNANIMOUSLY PASSED.
2. ZBA File #35-05, Christopher Druzbik, 5375 Murphy Road, Zoned R-2 (Part of Farm Lot 20, Township 9, Range 7; SBL#184.11-1-4.1). Requests an area variance to construct a detached garage/storage building with a building area of 2,250 square feet. Total building area of accessory structures with proposed garage is 2,350 sq. ft. Building area of dwelling is 1,805. Accessory area shall not
dominate principal use area, Section 144-5B.
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APPEARANCE: Mr. Christopher Druzbik, property owner
Mr. Druzbik explained to the members that he purchased a “used” pre-engineered building that exceeds the size of his dwelling. The building will be used to store a boat and various equipment. He told the Board that if his request is denied, he will have the building adjusted to make it be conforming.
The members’ questions established that Mr. Druzbik desires the building for additional storage needs only. There will be no business located here. The proposed location for the storage building is approximately 300’ from the road. Mr. Druzbik told the Board that the nearest neighbor’s home will not be affected as the building will be located far behind the residential home. Tree removal will be limited and the existing drainage problems will be addressed. The driveway will consist of stone, landscaping will be planted to enhance the building and if needed berms will be put in place. Mr. Druzbik owns two properties located here that are in the process of being combined and made into one.
The Chairman noted that a correspondence from Mr. & Mrs. Tuttle, 5405 Murphy Road, Orchard Park, NY had been received noting several concerns. This correspondence is part of the permanent file.
Attorney Michael Wolf told the Board that a SEQR determination was not necessary.
The Chairman then asked if there was anyone in the audience who would wish to speak in favor of granting the variance.
Mr. Paul Tuttle
5405 Murphy Road
Orchard Park, NY 14127
Mr. Tuttle stated that he supports the request but is asking for verification of the location of the proposed building and the type of material the building will be made of. Mr. Druzbik provided and discussed this information with Mr. Tuttle. The building will be metal with cinder block installed approximately four feet high on the viewed areas and be minimally 300’ feet from the road. It will be located far behind a pool on Mr. Druzbik’s the property.
The Chairman then asked if there was anyone in the audience who would wish to speak against granting the variance.
(Twice)
NO RESPONSE
The Chairman then asked if the Secretary had received any additional communications either for, or against, granting the variance.
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The Secretary stated no other communications have been received.
Ms. Litwin made a MOTION, seconded by Mr. Holmwood, to GRANT the variance request with stipulations for the following reasons:
1. There will be no undesirable change to the character of the neighborhood or a
detriment to nearby properties created.
2. The benefit 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 of the neighborhood.
5. The difficulty was somewhat self-created; however this does not preclude the granting of the variance.
The variance is granted with the following stipulations:
1. The building is to be set back 300 ft. from the road.
2. There is to be no commercial use occurring in the building.
3. The two lots must be combined and the Zoning Board of Appeals notified by the Assessor’s Office before the variance goes into effect.
THE VOTE ON THE MOTION BEING:
ORFFEO AYE
HOLMWOOD AYE
LENNARTZ AYE
LIBERTI AYE
LITWIN AYE
THE VOTE TO GRANT THE VARIANCE WITH STIPULATIONS IS UNANIMOUSLY PASSED.
3. ZBA File #36-05, Sean Hanley & Erminio Liberatore, 66 Coventry Lane, Zoned R-1 (Sub Lot #62, Map Cover 2465; SBL#173.07-4-48/B. Requests an area variance to construct a 25’ x 38’ detached garage in a front yard. No accessory structure shall be located within a front yard Section 144-24(A) (1) B.
APPEARANCE: Mr. Sean Hanley, property owner
Mr. Hanley stated that he desires additional storage space and would like to construct a detached garage. He told the Board that he believes the best location
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for the garage is the proposed site. The existing trees will not be removed and the garage will be accessible from the present driveway. Mr. Hanley stated that if the
variance is granted he will then proceed with having the garage designed. He noted that the Town Highway Department snow removal operation that takes place at this cul-de-sac area will be made easier if his vehicles are stored in the proposed garage.
Mr. Dietrick confirmed with Mr. Hanley that constructing the proposed garage on either side of his home would be difficult as the sewer and utility lines are located here. The proposed location is a treed area that will provide a buffer for the neighbors.
Mr. Liberti established that the building would be used strictly for storage and that no business or noise would occur here.
Mr. Lennartz established that Mr. Hanley does not have specific plans for the building, but that it might be a wood frame with metal, brick and a bay window.
The Chairman stated that he feels that Mr. Hanley has a practical difficulty and noted that he does not oppose the request. He also noted his concern regarding the existing trees, stating that he does not want the dense tree area invaded. He feels it is important to buffer the adjoining property and the area from viewing the proposed garage. Mr. Hanley stated that he would clear only what is necessary and would plant additional pine trees if further buffering is needed.
The Chairman then asked if there was anyone in the audience who would wish to speak in favor of granting the variance.
IN FAVOR:
Mr. Michael Sansone
11 Cambridge Court
Orchard Park, NY 14127
Mr. Sansone stated that he supports the request. He does not feel that there will be a problem with his vista or that the property values will diminish. He told the Board that Mr. Hanley is a caring and responsible neighbor.
The Chairman then asked if there was anyone in the audience who would wish to speak against granting the variance.
IN OPPOSITION:
Mrs. Gorman
165 Hobby Lane
Orchard Park, NY 14127
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Mrs. Gorman stated that she is not opposing the request. However, she would like clarification of the location of the proposed garage. She noted her concerns of viewing the proposed garage from her porch when foliage loss occurs. She appreciates Mr. Hanley stating that he would plant additional pine trees; however, she noted that it will take a number of years for these to be effective. She asked if Mr. Hanley could move the proposed garage back further so that the
roof line would not be visible from her property and the other neighbors. She noted that there are three other property owners not present this evening who may have concerns involving the proposed location. Mrs. Gorman concluded she would prefer that the garage be setback further so that during the winter months she would not have to view an additional roof.
Mr. Robert Kolasa
55 Coventry Lane
Orchard Park, NY 14127
The Mr. Kolasa asked the Chairman to clarify if the granting of the variance will set a precedent for future requests. The Chairman explained that the Board reviews each case on an individual basis.
Mr. Kempa
45 Coventry Lane
Orchard Park, NY 14127
Mr. Kempa asked if the proposed structure met the setback requirements for the area. Building Inspector David Holland noted that it did. Mr. Kempa noted that to the best of his knowledge no properties in the area had detached garages. He told the Board that he would like the character of the neighborhood maintained.
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 Chairman told Mr. Hanley that he sensed that the Board did not have a problem with the placement of the proposed garage. However, the information provided only includes the dimensions of the proposed garage. The Board would like to know what the garage will look like. Therefore, the Board requests that a rendering be provided with further information regarding the proposed garage so the Board may determine if it fits into the character of the neighborhood.
Mr. Lennartz made a MOTION, seconded by Mr. Holmwood, to TABLE the request until the August 16, 2005 meeting.
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THE VOTE ON THE MOTION BEING:
ORFFEO AYE
HOLMWOOD AYE
LENNARTZ AYE
LIBERTI AYE
LITWIN AYE
THE MOTION TO TABLE IS UNANIMOUSLY PASSED.
Chairman Remy C. Orffeo adjourned the meeting at 8:53 p.m.
DATED: August 5, 2005 Respectfully submitted,
REVIEWED: August 9, 2005 Rosemary Seivert, Secretary
Zoning Board of Appeals
Remy C. Orffeo, Chairman