ZBA Mtg. #5 Reg. Mtg. #5 May 17, 2005 Page 1
ZONING BOARD OF APPEALS OF THE TOWN OF ORCHARD PARK, Erie County, New York, minutes of the May 17, 2005 meeting held in the Basement Public Meeting Room, S4295 South Buffalo Street.
MEMBERS PRESENT: Remy Orffeo, Chairman
Donald Holmwood
Joseph Liberti
Jo Ann Litwin
Mark Dietrick, Alternate
EXCUSED: Robert Lennartz
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 7:32 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 April 19, 2005 REGULAR MEETING:
Upon a motion duly made and seconded, the reading of the minutes of the April 19, 2005 Zoning Board of Appeals meeting was unanimously waived as each Board Member had previously received copies.
Mr. Dietrick made a MOTION, seconded by Mr. Holmwood, to accept the minutes of the April 19, 2005 meeting as presented.
THE VOTE ON THE MOTION BEING:
ORFFEO AYE
DIETRICK AYE
HOLMWOOD 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
ZBA Mtg. #5 Reg. Mtg. #5 May 17, 2005 Page 2
Town Clerk.
The Chairman stated that site inspections of all cases presented tonight were made by:
ORFFEO AYE
DIETRIEK AYE
HOLMWOOD AYE
LIBERTI AYE
LITWIN AYE
OLD BUSINESS
1. ZBA File #19-05, Dominic Corto, 4063/4065 N. Buffalo Road, Zoned B-3 (Part of Farm Lot 16, Township 9, Range 7; SBL# 162.13-2-1). Requests an area variance to install 2 freestanding signs at this location, one of which has (2) 32 sq.ft. display surfaces. One freestanding sign is permitted, Section 144-38B(1). Display surfaces shall not exceed 20-sq. ft., Section 144-38B(2).
APPEARANCE: Mr. & Mrs. Corto, petitioner/property owner
Mr. Corto told the Board that at this site two buildings exist with space that is leased to tenants. The existing signage does not clearly identify which building tenants are located in. He would like to install two separate signs to end the confusion.
The members’ questions established that there are four tenants located in the building at the back and one tenant located in the building at the front of the property. The current signage is weathered and has been in place for numerous years. Mr. Corto is proposing to update the existing sign and have it remain in the same location. The members verified the location of the other sign on the site plan. It was also established that one of the signs would be illuminated and that both signs will be conforming. Mr. Corto noted that landscaping would be used to make the area more attractive. The Chairman discussed the fact that the layout of the site is vertical, rather than horizontal, and he believes that this contributes to the difficulty in viewing the site from the road.
Mr. Holmwood 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.
THE VOTE ON THE MOTION BEING:
ORFFEO AYE
DIETRICK AYE
HOLMWOOD AYE
LIBERTI AYE
LITWIN AYE
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THE VOTE ON THE MOTION BEING UNANIMOUS, A NEGATIVE DECLARATION IS MADE UNDER SEQR.
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.
Mr. Dietrick noted that the request was not self-created and that it would not change the character of the neighborhood. The Chairman noted that replacing the older signage would be welcomed.
Ms. Litwin made a MOTION, seconded by Mr. Dietrick, to GRANT the variance for two signs for the following reasons:
1. There will be no change in the character of the neighborhood.
2. The benefit cannot be sought in another way.
3. The request is not substantial.
4. There will be no adverse effect to the physical or environmental conditions of the neighborhood; there will be a positive effect.
5. The difficulty was not self-created.
THE VOTE ON THE MOTION BEING:
ORFFEO AYE
DIETRICK AYE
HOLMWOOD AYE
LIBERTI AYE
LITWIN AYE
ZBA Mtg. #5 Reg. Mtg. #5 May 17, 2005 Page 4
THE VOTE IS UNANIMOUSLY PASSED.
2. ZBA File #20-05, Robert Bielaszka, 2911 Southwestern Blvd., Zoned B-2 (Part of Farm Lot 409, Township 10, Range 7; SBL #153.06-2-1). Requests an area variance to allow a 96 square foot building face sign. Maximum sign area allowed on this building face is 56 square feet, Section 144-38A(2).
APPEARANCE: Mr. Michael Bielaszka, petitioner’s son/property owner
The Chairman noted that a letter was submitted from Mr. Bielaszka stating that his son Michael had permission to represent him.
Mr. Bielaszka explained to the members that he feels the speed limit on Route 20 creates a hardship for his business, in that a smaller sign is difficult to view while traveling at the allowed speed limit on this State highway. He told the Board that having a larger building face sign makes it easier for customers to locate his business, which provides drivers more time to slow down and pull into the parking lot safely.
The Chairman told Mr. Bielaszka that his father had failed to appear before the Board at last month’s meeting, which enabled the non-compliant sign to remain longer. Since that time, the applicants have erected two portable sandwich board signs. These signs are not allowed. He told Mr. Bielaszka that the Board is very concerned with the applicant’s disregard of the Town code.
Mr. Bielaszka told the Board that his father had spoken to someone in the Building Inspector’s office regarding the sandwich board signs and was not told that there would be a problem having these displayed. He does not know the name of the employee his father spoke to in the Building Inspector’s office. He also told the Board that he had not realized that the building face sign was not compliant with the Town of Orchard Park ordinance. The Chairman told Mr. Bielaszka that in the future, he should get information in writing and/or see Building Inspector David Holland.
The Board members discussed their feelings regarding the violations that exist. Ms. Litwin established that the applicant would remove the sandwich board signs if the building face sign were allowed. The Chairman noted that the sandwich board signs would have to be removed anyway, since they violate the town code. Mr. Dietrick commented that the existing sign is significantly larger than what the Town allows. He asked Mr. Bielaszka to provide him with the confidence that he would not continue to violate the laws of the Town if an exception was allowed for the building face sign. Mr. Bielaszka told the Board that he would be sure to contact the Building Inspector’s Office before proceeding with any future plans.
Ms. Litwin 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.
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THE VOTE ON THE MOTION BEING:
ORFFEO AYE
DIETRICK AYE
HOLMWOOD AYE
LIBERTI AYE
LITWIN AYE
THE VOTE ON THE MOTION BEING UNANIMOUS, A NEGATIVE DECLARATION IS MADE UNDER SEQR.
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 Board feels that the 56 square feet that is allowed is adequate for the signage and that the variance being requested is substantial. Mr. Holmwood noted that the request is for a sign that is 60% larger than what is allowed. Ms. Litwin agrees but she would like to compromise, as the sign is already erected. She believes the mistake happened through a misunderstanding and that the business will suffer a financial burden if required to remove and replace the signage. She would like the sign to remain and for the applicant to remove the sandwich board signs. The Chairman noted that the sandwich board signs would have to be removed no matter how the Board votes.
Mr. Liberti made a MOTION, seconded by Mr. Holmwood, to DENY the variance request with a STIPULATION, for the following reasons:
1. The difficulty was self-created.
2. The hardship is not unique.
3. The request if granted would alter the character of the neighborhood.
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4. The benefit can be achieved in another way.
This variance is denied with the following stipulation:
1. The sign must be reduced or removed within six months.
THE VOTE ON THE MOTION BEING:
ORFFEO AYE
DIETRICK AYE
HOLMWOOD AYE
LIBERTI AYE
LITWIN NAY
THE VOTE BEING FOUR (4) IN FAVOR AND ONE (1) AGAINST, THE MOTION IS PASSED.
NEW BUSINESS
1. ZBA File #25-05, Hickory Hill Swim Club, 5220 Chestnut Ridge Road, Zoned R-2 (Part of Farm Lot 13, Township 9, Range 7; SBL#184.08-1-2). Requests an area variance to construct a 12’ x 12’ shed in the front yard. No accessory structure shall be located within a front yard, Section 144-24A(1)(b).
APPEARANCE: Mrs. Ann Matthews, representative
Mrs. Matthews told the Board that the Club wishes to erect a shed to house tennis court equipment and supplies. The members’ questions established that the shed will be 12’ x 12’, have vinyl siding and be located approximately 595’ away from Chestnut Ridge Road. She told the Board that the tennis courts are located in front of the proposed shed area. The shed will not be easily seen because of the natural buffer of trees.
Mr. Holmwood 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.
THE VOTE ON THE MOTION BEING:
ORFFEO AYE
DIETRICK AYE
HOLMWOOD AYE
LIBERTI AYE
LITWIN 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.
OPPOSED:
Mr. Roland Pigeon
5240 Chestnut Ridge Road
Orchard Park, NY 14127
Mr. Pigeon asked to review the location map to see where the shed would be erected. Upon further clarification he was satisfied that the shed would not be a disruption for him and stated that he had no objection to the variance request being made. He asks that no trees be removed.
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. Dietrick made a MOTION, seconded by Mr. Holmwood, to GRANT the variance request with a STIPULATION for the following reasons:
1. There will be no undesirable change to the character of the neighborhood.
2. The benefit could be sought in other ways, but this is a reasonable way to seek the benefit.
3. The request is not substantial.
4. There will be no adverse impact on the physical or environmental conditions of the neighborhood.
5. The difficulty was not self-created.
The variance is granted with the following stipulation:
1. The shrubbery and trees are to be maintained surrounding the shed.
THE VOTE ON THE MOTION BEING:
ORFFEO AYE
ZBA Mtg. #5 Reg. Mtg. #5 May 17, 2005 Page 8
DIETRICK AYE
HOLMWOOD AYE
LIBERTI AYE
LITWIN AYE
THE VOTE IS UNANIMOUSLY PASSED.
2. ZBA File #26-05, Roy Jordon & North Forest Development, Vacant Parcel west side of Redtail. Zoned I-1 (Part of Farm Lot 24, Township 10, Range 7; (SBL#152.19-1-26.11). Requests a variance to construct two office buildings on this parcel. One principal building is permitted per parcel in this I-1 Zone, Section 144-9A, Schedule of Use Controls.
APPEARANCE: Mr. Roy Jordon, North Forest Development
Mr. Jordon explained that during the application process it was brought to his attention that the Town ordinance does not allow two buildings on one parcel. He told the Board that he feels having two buildings on one site will preserve additional green space. Only one entrance, one parking area, and one sign will be needed. If the two buildings are placed on two separate parcels, they will need to construct two entrances, two parking areas and install two signs. This will reduce the green space area. He believes the best solution is to apply for a variance and have the two buildings on one parcel.
The members’ questions established that the lighting would be low residential lighting and not the typical plaza lighting. The buildings are proposed to be constructed facing each other to create a courtyard setting and they will be single story with brick. Mr. Jordon told the Board that buildings are built as standard units on speculation and are not customed designed. Although this is industrial zoning, the units will be leased to businesses with mixed office use. He noted that if Bryant & Stratton and the other office buildings had not existed here, North Forest Development would not have been interested in building at this site. This is what attracted them to the west side of the parcel.
The Chairman verified with Building Inspector David Holland that the applicant could divide the parcel into two and construct two buildings. His proposal to construct the two building on one parcel would preserve green space. The Chairman noted that the parcel, although zoned Industrial, is not entirely used as Industrial.
Mr. Holmwood made a motion, seconded by Mr. Dietrick, 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
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HOLMWOOD AYE
LIBERTI AYE
LITWIN AYE
THE VOTE ON THE MOTION BEING UNANIMOUS, A NEGATIVE DECLARATION IS MADE UNDER SEQR.
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.
OPPOSED:
Mr. John Harrigan
5971 Lake Avenue
Orchard Park, NY 14127
Mr. Harrigan asked for clarification on the location of the building. He has no objection to the variance request. The secretary will mail a copy of the site location map to Mr. Harrigan with the meeting minutes.
Mr. Michael Byrne
6189 Lake Avenue
Orchard Park, NY 14127
Mr. Byrne stated that he feels a precedent will be set if the Board grants the variance. The Chairman explained that each case is reviewed on an individual case. He also told Mr. Byrne that the applicant could divide the parcel into two separate parcels and construct two separate buildings. The proposal presented provides more green space by having two buildings placed on one parcel. He further stated that during the site plan review process, the Planning Board would review the lighting proposal.
Mrs. Katherine Pulvirenti
6274 Lake Avenue
Orchard Park, NY 14127
Mrs. Pulvirenti verified on the site map where the project is located. She noted that the project would not affect her. A copy of the location map will be sent to Mrs. Pulvirenti.
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Mrs. Carol Podpora
5931 Lake Avenue
Orchard Park, NY 14127
Mrs. Podpora asked if a buffer zone exists at this site and stated that she would contact the Building Inspector’s Office for further information.
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. Dietrick asked if the applicant anticipated returning to the Board with additional requests for variances. Mr. Jordon told the Board that he did not feel any further variances would be needed.
Mr. Liberti made a MOTION, seconded by Ms. Litwin to GRANT the variance request for the following reasons:
1. There will be no undesirable change to the character of the industrial park; it will enhance the park by its layout.
2. The request is not substantial.
3. There will be no adverse impact on the physical or environmental conditions of the park.
4. The difficulty, although self created, does not preclude the granting of the variance.
5. It is the understanding that only professional office space will be located here.
THE VOTE ON THE MOTION BEING:
ORFFEO AYE
DIETRICK AYE
HOLMWOOD AYE
LIBERTI AYE
LITWIN AYE
THE VOTE IS UNANIMOUSLY PASSED.
At the request of the Chairman, Mr. Jordon met with the neighbors present in an available conference room to review the site location map and answer questions regarding the proposed project.
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3. ZBA File #27-05, Anthony & Mona Mangine, 24 Glen St., Zoned R-3 (Part of Farm Lot 39, Township 9, Range 7; SBL#161.17-3-5). Requests an area variance to construct an addition with a side street setback of 22’. No setback, if already less than the minimum required, shall be further reduce, Section 144-14.
APPEARANCE: Mr. & Mrs. Anthony Mangine, property owners
Mr. Mangine presented information regarding an addition he is proposing to construct onto his existing home. He explained that he desires additional living space.
Mr. Dietrick established that there would be no porch and that entry would be gained via steps located on the Glen Street side of the addition. Mr. Liberti established that there would be vinyl siding used and that a bay window will be installed. The Chairman noted that this is an odd shaped corner lot and that a practical difficulty exists for the applicants.
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.
Mr. Dietrick made a MOTION, seconded by Ms. Litwin to GRANT the variance for the following reasons:
1. There will be no undesirable change in the character of the neighborhood.
2. The benefit, based on the irregular lot, cannot be easily achieved in another way.
3. The request is not substantial.
4. There will be no adverse impact on the physical conditions.
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5. The difficulty was not self-created.
THE VOTE ON THE MOTION BEING:
ORFFEO AYE
DIETRICK AYE
HOLMWOOD AYE
LIBERTI AYE
LITWIN AYE
THE VOTE IS UNANIMOUSLY PASSED.
4. ZBA File #28-05, Tian C. Zhang, 29 Grand View Trail, Zoned A-1 (Sub Lot #10, Map Cover 2722; SB:#185.17-1-10). Requests two area variances to construct a single-family dwelling. The first request is for 7.8% lot coverage. Maximum lot coverage for this A-1 lot is 7%. The second request is for a combined side setback of 78’. Minimum combined side setback for this A-1 lot is 80’, Section 144-9B, Schedule of Height, Lot, Yard & Bulk Regulations.
APPEARANCE: Mr. Tian Zhang, property owner
Mr. Tom Walsh, TJW Custom Homes
Mr. Walsh told the Board that he had not been cognizant of the fact that the Town of Orchard Park had a square footage requirement. He was quite surprised to learn that the home under construction on such a large lot violated the lot coverage and setback requirements in the A-1 Zone. He believes the variance request is minor and that there will be no negative impact on the area. He further told the Board that the rear of the property is wooded and that most of this would remain.
Mr. Dietrick established that the applicant was not aware of any other variances that might be needed.
The Chairman discussed with Mr. Walsh the fact that he has performed work in the Town of Orchard Park before. The Chairman told Mr. Walsh that he should contact the Building Inspector in the future to avoid repeating this situation.
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)
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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.
Ms. Litwin made a MOTION, seconded by Mr. Dietrick, to GRANT the area variances for the following reasons:
1. There will be no undesirable change in the character of the neighborhood; it will be more consistent.
2. The benefit cannot be sought or achieved in another way.
3. There will be no adverse effect or impact on the environment.
4. The difficulty was not created in a willful manner.
THE VOTE ON THE MOTION BEING:
ORFFEO AYE
DIETRICK AYE
HOLMWOOD AYE
LIBERTI AYE
LITWIN AYE
THE VOTE IS UNANIMOUSLY PASSED.
Chairman Remy C. Orffeo adjourned the meeting at 8:55 p.m.
DATED: June 7, 2005 Respectfully submitted,
REVIEWED: June 10, 2005 Rosemary Seivert, Secretary
Zoning Board of Appeals
Remy C. Orffeo, Chairman