ZBA Mtg. #11 Reg. Mtg. #11 November 15, 2005 Page 1
ZONING BOARD OF APPEALS OF THE TOWN OF ORCHARD PARK, Erie County, New York, minutes of the November 15, 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 OCTOBER 18, 2005 REGULAR MEETING:
Upon a motion duly made and seconded, the reading of the minutes of the October 18, 2005 Zoning Board of Appeals meeting was unanimously waived as each Board Member had previously received copies. Ms. Litwin, Mr. Lennartz and Mr. Holmwood stated that they will abstain from the vote as each had been excused from the October meeting.
Ms. Litwin made a MOTION, seconded by Mr. Liberti, to accept the minutes of the October 18, 2005 meeting as presented.
THE VOTE ON THE MOTION BEING:
ORFFEO AYE
LIBERTI AYE
DIETRICK AYE
HOLMWOOD ABSTAINED
LENNARTZ ABSTAINED
LITWIN ABSTAINED
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
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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:
ORFFEO AYE
HOLMWOOD AYE
LENNARTZ AYE
LIBERTI AYE
LITWIN AYE
DIETRICK AYE
OLD BUSINESS
1. ZBA File #49-05, John Anticola, 2899 Angle Road, Zoned R-3 (Part of Farm Lot 403, Township 10, Range 7; SBL#153.07-2-8). Requests an area variance to construct a pole barn/storage building with a building area of 1,680 sq. ft. Total building area of accessory structures will be 2,260 sq. ft. Building area of dwelling is 1,090 sq. ft. Accessory area shall not dominate principal use area, Section 144-5B. This case was tabled by the Board pending a drainage review by the Town Engineering Department.
APPEARANCE: Mr. John Anticola, Property owner/Petitioner
The Chairman stated that two additional correspondences have been received pertaining to this case; Mr. & Mrs. Hokanson of 2889 Angle Road, cited further concerns that they have regarding this property and Mr. & Mrs. Jim Martino of 2905 Angle Road, indicated that they live adjacent to Mr. Anticola and have no objection to the variance request. These correspondences have been entered into the applicant’s permanent file.
The Chairman noted that this case was tabled at the October meeting pending the Engineering Department’s review of drainage. The Engineering Department requests that Mr. Anticola submit a formal stamped drainage study. Mr. Anticola submitted a study that he prepared and the Engineering Department notified him that they must have a formal, stamped drainage study before they can respond to the Zoning Board of Appeal’s request. Mr. Anticola discussed the Engineering Department’s request further with the Board noting that he does not believe he has a problem with drainage. He told the Board that he did not want to incur the cost of a drainage study; in his opinion, it is not needed.
The Chairman told Mr. Anticola that the Board members are not drainage experts and that they rely on input from the Engineering Department; without a formal stamped drainage plan the case cannot move forward. The Chairman reiterated that he does not want to be responsible for creating a possible drainage problem for the area neighbors. At Mr. Anticola’s request, the Chairman agreed to contact the Town Engineer and discuss the possibility of having him meet and talk with Mr. Anticola. In addition, he noted that the prime building season has past. Mr.
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Anticola agreed to submit a formal drainage study and he told the Board he would like to be placed on the March 21, 2006 agenda.
Mr. Lennartz made a MOTION, seconded by Ms. Litwin, to TABLE the case to the March 21, 2006 meeting, pending the petitioner providing a formal drainage study to the Town Engineering Department as requested.
THE VOTE ON THE MOTION BEING:
ORFFEO AYE
HOLMWOOD AYE
LENNARTZ AYE
LIBERTI AYE
LITWIN AYE
THE VOTE ON THE MOTION BEING UNANIMOUS, THE MOTION IS HEREBY PASSED TO TABLE THIS CASE.
2. ZBA File #50-05, Robert Bodden, 47 Ferndale Drive, Zoned R-2 (Sub Lot #14, Map Cover 2935; SBL#162.05-5-14.1). Requests an area variance to construct a 30’ x 50’ detached garage 5’ from the side lot line. Minimum side setback for this R-2 lot is 15’, Section 144-9B, Schedule of Height, Lot, Yard & Bulk Regulations.
APPEARANCE: Mr. Robert Bodden, Property owner/Petitioner
Mr. Bodden submitted a petition signed by 8 nearby neighbors. This petition has been entered into the permanent file.
Mr. Liberti made a MOTION, seconded by Mr. Lennartz, to GRANT the variance request to construct a 30’ x 50’ detached garage 8’ from the side lot line for the following reasons with a stipulation:
1. There will be no undesirable change in the character of the neighborhood.
2. The request is not substantial.
The variance is granted with the following stipulation:
1. There is to be no outside storage of any kind located around the garage.
THE VOTE ON THE MOTION BEING:
ORFFEO AYE
HOLMWOOD AYE
LENNARTZ AYE
LIBERTI AYE
LITWIN AYE
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THE VOTE ON THE MOTION BEING UNANIMOUS, THE MOTION IS HEREBY PASSED WITH A STIPULATION.
NEW BUSINESS
1. ZBA File #52-05, Hope Aldrich, 123 Hillside Avenue, Zoned R-3 (Sub Lot #’s 387 – 389 Map Cover 860; SBL#151.12-6-30). Requests an area variance to construct a porch with a 22 ft. front set back. No setback if already less than the minimum required shall be further reduced, Section 144-14.
APPEARANCE: Hope Aldrich, Petitioner/Property owner
Nicole Colello, daughter
Ms. Colello told the Board that her mother desires to construct a porch and have it connect to the side entrance of the home.
The members established that the porch will be approximately 30 inches above the ground and that it will be constructed by Mrs. Aldrich’s son. Ms. Colello told the Board that there are no plans to use the area underneath the proposed porch for storage of any kind. The members reviewed the submitted plans and confirmed that the porch will be constructed per the presented pamphlet.
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.
The Chairman noted that the petitioner has a practical difficulty; the lot is narrow and is restricted by the zoning.
Mr. Lennartz made a MOTION, seconded by Mr. Liberti to GRANT the area variance for the following reasons:
1. There will be no undesirable change to the character of the neighborhood.
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2. The benefit cannot be achieved in some other way.
3. The request is not substantial.
4. There will be no adverse effect on the environment.
5. The difficulty was not self created.
THE VOTE ON THE MOTION BEING:
ORFFEO AYE
HOLMWOOD AYE
LENNARTZ AYE
LIBERTI AYE
LITWIN AYE
THE VOTE ON THE MOTION BEING UNANIMOUS, THE MOTION IS HEREBY PASSED.
2. ZBA File #53-05, Steven & Tracy Brege, 7250 Gartman Road, Zoned A-1 (Part of Farm Lot 57, Township 9, Range 7; SBL#198.00-2-40). Requests an area variance to construct a shed 5 ft. from the side lot line. Minimum side setback for this A-1 Lot is 20 ft., Section 144-9B, Schedule of Height, Lot, Yard & Bulk Regulations.
APPEARANCE: Mr. Steve Brege, Petitioner/Property owner
Mr. Brege told the Board that he desires additional storage space and he presented plans for a proposed shed. He explained to the Board that he has a small back yard and that if he were to locate the shed per the ordinance, it would be in the center of the yard. He submitted seven signed letters from nearby neighbors stating that they have no objection to the variance request. Mr. Brege noted that the location on the side of his property that he wishes to construct the shed is adjacent to an easement area used to obtain passage to a rear property. The area is not wide enough to locate a future residence here.
Mr. Holmwood established that it will be cost prohibitive to attach the proposed storage shed to the home.
The Chairman noted that there are few areas on the property to locate the proposed shed. However, a hardship exists in locating the shed because if it were located per the ordinance, the useable space in the yard will be lessened. He further confirmed that the shed will be used strictly for storage.
Mr. Liberti established that the proposed shed will be used for personal storage and that no business will operate from here.
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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.
Mr. Lennartz stated that he feels the petitioner’s request is reasonable.
Mr. Holmwood made a MOTION, seconded by Ms. Litwin, to GRANT the variance request with a stipulation for the following reasons:
1. There will be no undesirable change in the character of the area.
2. The necessity is apparent.
3. There will be no adverse effect or impact on the neighborhood.
This request is granted with the following stipulation:
1. There is to be no outside storage of any kind around the shed.
THE VOTE ON THE MOTION BEING:
ORFFEO AYE
HOLMWOOD AYE
LENNARTZ AYE
LIBERTI AYE
LITWIN AYE
THE VOTE ON THE MOTION BEING UNANIMOUS, THE MOTION IS HEREBY PASSED WITH A STIPULATION.
3. ZBA File #54-05, John Fleischman, 301 Sunset Terrace, Zoned R-2 (Sub Lot #301, Map Cover 1853; SBL#162.13-2-11). Requests an area variance to
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construct a shed 5 ft. from the rear lot line. Minimum rear setback for this R-2 Lot is 10 ft., Section 144-9B, Schedule of Height, Lot, Yard & Bulk Regulations.
APPEARANCE: Mr. Patrick Ryan, representative
The Chairman noted that a letter had been received authorizing Mr. Ryan to represent Mr. Fleischman.
Mr. Ryan explained that the applicant desires to construct an 8’ x 6’ non-permanent resin storage building and locate it at the south east corner of the lot. The Chairman noted that a municipal sanitary sewer line is located in the area that the applicant is proposing to locate the shed. The members discussed relocating the shed and concluded that the shed should be moved west to avoid the sewer line. The relocation is also sensitive to the trees existing in the area. The Building Inspector will contact Mr. Paul Barker of the Village of Orchard Park and work together in locating the shed away from the sewer line.
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.
Ms. Litwin made a MOTION, seconded by Mr. Lennartz, to GRANT as area variance for a 5’ setback from the rear property line with a stipulation as follows:
1. The character of the property will not be changed.
2. The benefit sought cannot be achieved in another way.
3. The request is not substantial.
4. There will be no adverse impact or effect on the neighborhood.
5. The difficulty is not self created.
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The variance is granted with the following stipulation:
1. The shed shall not be located on the sanitary sewer line; the shed will be moved westward and Mr. Paul Barker from the Village of Orchard Park shall be contacted to verify that the shed is not interfering with the location of the sewer line.
2. There is to be no outside storage of any kind located around the shed.
THE VOTE ON THE MOTION BEING:
ORFFEO AYE
HOLMWOOD AYE
LENNARTZ AYE
LIBERTI AYE
LITWIN AYE
THE VOTE ON THE MOTION BEING UNANIMOUS, THE MOTION IS HEREBY PASSED WITH A STIPULATION.
The Chairman extended the Board’s congratulations to Mr. Dietrick in becoming “Councilman elect” in the Town of Orchard Park. Mr. Dietrick noted that the experience of serving on the Zoning Board of Appeals has been extremely insightful to him.
There being no further business to be presented to the Board at this time, the Chairman, Remy C. Orffeo adjourned the meeting at 8:15 p.m.
DATED: November 28, 2005 Respectfully submitted,
REVIEWED: December 1, 2005 Rosemary Seivert, Secretary
Zoning Board of Appeals
Remy C. Orffeo, Chairman