ZBA Mtg. #6 Reg. Mtg. #6 June 21, 2005 Page 1
ZONING BOARD OF APPEALS OF THE TOWN OF ORCHARD PARK, Erie County, New York, minutes of the June 21, 2005 meeting held in the Basement Public Meeting Room, S4295 South Buffalo Street.
MEMBERS PRESENT: Remy Orffeo, Chairman
Donald Holmwood
Joseph Liberti
Robert Lennartz
Mark Dietrick, Alternate
EXCUSED: Jo Ann Litwin
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 7:33 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 May 17, 2005 REGULAR MEETING:
Upon a motion duly made and seconded, the reading of the minutes of the May 17, 2005 Zoning Board of Appeals meeting was unanimously waived as each Board Member had previously received copies.
Mr. Holmwood made a MOTION, seconded by Mr. Dietrick, to accept the minutes of the May 17, 2005 meeting as presented.
THE VOTE ON THE MOTION BEING:
ORFFEO AYE
DIETRICK AYE
HOLMWOOD AYE
LENNARTZ AYE
LIBERTI 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
ZBA Mtg. #6 Reg. Mtg. #6 June 21, 2005 Page 2
Town Clerk.
The Chairman stated that site inspections of all cases presented tonight were made by:
ORFFEO AYE
DIETRICK AYE
HOLMWOOD AYE
LENNARTZ AYE
LIBERTI AYE
NEW BUSINESS
1. ZBA File #29-05, Vincent Illos, 3402 Orchard Park Road, Zoned B-4 (Sub Lot 9, Map Cover 1432; SBL#152.20-2-20.1). Requests a use variance to operate a “Bead Gallery” business in a B-4 Zone. This mercantile type use is not permitted in the B-4 Zone, Section 1449A, Schedule of Use Controls.
APPEARANCE: Mr. & Mrs. Vincent Illos, property owner
Mr. & Mrs. Illos told the Board that they currently own and operate two studios. One is located in Wilson, New York; the other studio is in Amherst, New York. The studios offer classes in designing bead items, along with beading parties for children. Mr. Illos told the Board that this is a supervised professional studio and not a hobby shop. There will also be a number of antiques for sale in the shop. They feel that their business will fit nicely in the proposed Orchard Park location. He presented photos of the site noting there is ample parking. The hours of the Amherst location are Monday through Friday, from 1 p.m. to 7 p.m., Saturday from 1 p.m. to 5 p.m. and Sunday from 12 p.m. to 4 p.m. Mrs. Illos projects that a maximum of 10 employees would work at the Orchard Park location. In response to a question from the Chairman, Mr. Illos stated that he would not be seeking an additional variance for signage. The Chairman verified that the Illos’ had recently purchased the property from Mr. Richard Kline.
Mr. Lennartz made a motion, seconded by Mr. Holmwood, 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
DIETRICK AYE
HOLMWOOD AYE
LENNARTZ AYE
LIBERTI AYE
THE VOTE ON THE MOTION BEING UNANIMOUS, A NEGATIVE DECLARATION IS MADE UNDER SEQR.
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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 granting the variance.
Christine Roskow, adjacent neighbor
3414 Orchard Park Road
Orchard Park, New York 14127
Ms. Roskow stated that she was not necessarily opposed; however, she expressed her concerns with having business hours on Sunday, as the prior business located here did not. She wondered if there would be an increase in traffic and she expressed concerns for the safety of the children that play in the area. She also inquired as to what building improvements would be made, such as an addition to the building. Mr. Illos told Ms. Roskow that there would be no additions constructed at this location. However, he would remove three dying trees and plant grass in that area. He further stated that no additional business will be located here other than their bead business. The Chairman told Ms. Roskow that if granted, the variance would only exist for the bead business. If the property was sold or another business was started the variance would be negated and re-application would need to occur.
Tony Turton
3438 Orchard Park Road
Orchard Park, New York 14127
Mr. Turton voiced concerns regarding parking and asked if the Planning Board would be reviewing this request. It was noted that this was not an item being reviewed by the Planning Board as the parking spaces available are more than adequate for the proposed project.
The Chairman invited the neighbors to meet in a room outside of the meeting room with Mr. Illos to review the proposed parking after the case is heard.
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 stated that he welcomes a small family business that wants to establish itself in our Town.
Mr. Dietrick noted that he is in agreement with Mr. Lennartz, but that he would
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like a stipulation to have no other business at the location, so that the concerns of
the neighbor are addressed if a motion is made to approve the request.
Mr. Dietrick made a MOTION, seconded by Mr. Liberti, to GRANT the variance request with a STIPULATION as follows:
1. Strict application of the regulations will deprive the applicant of a reasonable return on the property.
2. The variance will not alter the essential character of the neighborhood.
3. The alleged hardship was not self-created.
This variance is granted with the following stipulation:
1. No other business is to be located here or be a part of this premise.
THE VOTE ON THE MOTION BEING:
ORFFEO AYE
DIETRICK AYE
HOLMWOOD AYE
LENNARTZ AYE
LIBERTI AYE
THE VOTE TO GRANT THE VARIANCE WITH A STIPULATION IS UNANIMOUSLY PASSED.
2. ZBA File #30-05, Patrick & Maureen Costello, 4109 N. Buffalo Road Zoned B-3 (Part of Farm Lot 16, Township 9, Range 7; SBL#162.13-2-14). Requests review and modification of an existing use variance to allow an “Eating and/or Drinking Establishment” in this B-3 Zone. Original request to operate a limited eating facility with retail sales was granted on April 19, 1994, ZBA File #16-94.
APPEARANCE: Mr. & Mrs. Patrick Costello, petitioner
Mrs. Costello told the Board that they are the new owners of the existing coffee shop, “Exquisite Taste” and have entered into a lease agreement with Mr. Alberalla, who is present, and owner of the property. It is their desire to offer additional food items, such as sandwiches and soups, and have a liquor license to serve fine wines and micro-brewed beers. She submitted a petition with 260 signatures supporting their request. This document will be entered into the permanent file.
The Board members’ questions established that the Costellos will be leasing the property from Mr. Alberalla and improvements to be made include treating the deck area and refurbishing the carpets. Very little is needed to prepare the
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kitchen area for sandwich and soup making. The dining area will remain as it presently exists.
The Chairman then asked if there was anyone in the audience who would wish to speak in favor of granting the variance.
PROPONENT:
Mr. Alberalla, owner of the property
34 Carey Drive
Orchard Park, NY 14127
Mr. Alberalla spoke in favor of the variance.
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.
The Secretary stated no other communications have been received.
Mr. Dietrick made a motion, seconded by Mr. Liberti, 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
DIETRICK AYE
HOLMWOOD AYE
LENNARTZ AYE
LIBERTI AYE
THE VOTE ON THE MOTION BEING UNANIMOUS, A NEGATIVE DECLARATION IS MADE UNDER SEQR.
Mr. Lennartz made a MOTION, seconded by Mr. Holmwood, to GRANT the variance request for the following reasons:
1. Strict application of the regulations will deprive the applicant of full economic benefit of the property.
2. The hardship is unique and will not change the essential character of the
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neighborhood.
3. The alleged hardship was not self-created.
THE VOTE ON THE MOTION BEING:
ORFFEO AYE
DIETRICK AYE
HOLMWOOD AYE
LENNARTZ AYE
LIBERTI AYE
THE MOTION TO GRANT THE VARIANCE IS UNANIMOUSLY PASSED.
3. ZBA File #31-05, David Dorsheimer Jr., 35 Ridgewood Drive, Zoned R-3 (Sub Lot 116, Map Cover 2174; SBL#152.11-4-22). Requests an area variance to construct an attached garage 5 ft. 9 inches from the side lot line. Minimum side yard setback for this R-3 Lot of record is 7 ft., Section 144-20A(2).
APPEARANCE: Mr. David Dorsheimer, property owner
Mr. Dorsheimer explained his desire to construct an attached garage. He told the Board that his neighbors do not object to his request. The Chairman verified that the variance request is for 1 ft. 3 inches.
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 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.
The Secretary stated no communications have been received.
The members’ discussion concluded that the request would not change the character of the neighborhood.
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Mr. Liberti made a MOTION, seconded by Mr. Dietrick, to GRANT the variance request for the following reasons:
1. The request is not substantial.
2. There will be no undesirable change in the character of the neighborhood; this will enhance the neighborhood.
3. The difficulty is not self-created.
THE VOTE ON THE MOTION BEING:
ORFFEO AYE
DIETRICK AYE
HOLMWOOD AYE
LENNARTZ AYE
LIBERTI AYE
THE MOTION TO GRANT THE VARIANCE IS UNANIMOUSLY PASSED.
4. ZBA File #32-05, Richard & Charlotte Galas, 201 Thorn Avenue, Zoned B-2 (Part of Farm Lot 23, Township 9, Range 7; SBL#172.08-4-6). Requests a use variance to construct a single family dwelling on this B-2 lot. This residential use is not permitted in a B-2 Zone, Section 144-9A, Schedule of Use Controls.
APPEARANCE: Mr. & Mrs. Galas, property owners
Mr. Kevin Galas, son of petitioners
The Galas’ own a vacant lot on the east side of their home that is zoned B-2. They request a variance be granted so their son Kevin may construct a residential home here.
Mr. Kevin Galas presented his proposed home plans to the members and explained that it is his desire to construct his home adjacent to his parents on the property that they own. If the variance were granted, he would purchase this property from them.
Mr. Lennartz stated that he feels the entrance way into the property is in a “dangerous location” when traveling along this section of Thorn Avenue. Mr. Kevin Galas noted that he has taken this into consideration, and he believes it is safer to locate his driveway closer to his parents’ driveway, further away from the intersection.
Mr. Dietrick established that a 20 ft. buffer will exist between the proposed home and the parents’ existing property line. A 10 ft. buffer will exist between the proposed home and the neighbor located on the west side. Mr. Galas noted that
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the neighbor located on the west has a large vacant lot, with a home that is located approximately 200 ft. from the proposed house. Mr. Dietrick noted that granting the variance for the construction of a residence would be consistent with what already exists in the neighborhood.
The Chairman then asked if there was anyone in the audience who would wish to speak in favor of granting the variance.
Ms. Linda Brigance
4454 Duerr Road
Orchard Park, NY 14127
Ms. Brigance noted that she prefers to have a single family home located here, rather than a business.
Ms. Esseinberg
4454 Duerr Road
Orchard Park, NY 14127
Ms. Esseinberg wants a residence constructed here and not a business.
Ms. Kaye Hughes
4458 Duerr Road
Orchard Park, NY 14127
Ms. Hughes spoke in favor of the variance.
The Chairman noted that a correspondence in favor of granting the variance was received from Ms. Virginia Pauley, 196 Thorn Avenue. This was entered into the permanent file.
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.
The Secretary stated no other communications have been received.
Mr. Dietrick noted that he has safety concerns with the angle of the road coming off of 20A. The configuration of the road has changed through the years and he is concerned with the school buses that travel the road.
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Mr. Holmwood 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
DIETRICK AYE
HOLMWOOD AYE
LENNARTZ AYE
LIBERTI AYE
THE VOTE ON THE MOTION BEING UNANIMOUS, A NEGATIVE DECLARATION
IS MADE UNDER SEQR.
Mr. Lennartz made a MOTION, seconded by Mr. Dietrick, to GRANT the variance for the following reasons:
1. The hardship is unique and does not apply to a substantial portion of the district or neighborhood.
2. The variance will not alter the essential character of the neighborhood.
3. The alleged hardship was not self-created.
THE VOTE ON THE MOTION BEING:
ORFFEO AYE
DIETRICK AYE
HOLMWOOD AYE
LENNARTZ AYE
LIBERTI AYE
THE MOTION TO GRANT THE VARIANCE IS UNANIMOUSLY PASSED.
With respect to the noted safety concerns, Mr. Lennartz told the petitioner to use caution when constructing the entrance way into his property.
5. ZBA File #33-05, Peter & Mary Paufler, 29 Elmtree Road, Zoned R-3 (Sub Lot #’s 383-385, Map Cover 927; SBL#172.05-2-6). Requests two area variances. The first request is to construct an attached deck with a rear setback of 26 ft. Minimum rear yard setback for this R-3 lot is 30 ft., Section 144-22(F). The second request is to construct a detached garage with a side setback and rear setback of 5 ft. Minimum side setback and rear setback is 10 ft., Section 144-9B, Schedule of Height, Lot, Yard & Bulk Regulations.
APPEARANCE: Mr. & Mrs. Paufler, property owners
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Mr. Paufler presented and explained his plans for a proposed deck and new garage to the members. The members’ questions established that there would be no impact on neighbors to the rear of the property as this area consists of woods and utility lines. Mr. Paufler told the Board that his neighbor to the east has no objection to the variance requests. The applicant agreed to demolish the existing garage and the Board concluded that this will be a tremendous improvement to the neighborhood.
The Chairman then asked if there was anyone in the audience who would wish to speak in favor of granting the variances.
(Twice)
NO RESPONSE
The Chairman then asked if there was anyone in the audience who would wish to speak against granting the variances.
(Twice)
NO RESPONSE
The Chairman then asked if the Secretary had received any additional communications either for, or against, granting the variances.
The Secretary stated no communications have been received.
Mr. Liberti made a MOTION, seconded by Mr. Holmwood, to GRANT the variances for the following reasons:
1. There will be no undesirable change to the character of the neighborhood; this will actually enhance it.
2. The request is not substantial.
3. There will be no adverse impact on the physical or environmental conditions of the neighborhood or district.
4. The difficulty was self-created but this does not preclude the granting of the variance.
THE VOTE ON THE MOTION BEING:
ORFFEO AYE
DIETRICK AYE
HOLMWOOD AYE
LENNARTZ AYE
LIBERTI AYE
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THE MOTION TO GRANT THE VARIANCES IS UNANIMOUSLY PASSED.
Chairman Remy C. Orffeo adjourned the meeting at 8:30 p.m.
DATED: June 22, 2005 Respectfully submitted,
REVIEWED: July 11, 2005 Rosemary Seivert, Secretary
Zoning Board of Appeals
Remy C. Orffeo, Chairman