ZBA Mtg. #10 Reg. Mtg. #10 October 18, 2005 Page 1
ZONING BOARD OF APPEALS OF THE TOWN OF ORCHARD PARK, Erie County, New York, minutes of the October 18, 2005 meeting held in the Basement Public Meeting Room, S4295 South Buffalo Street.
MEMBERS PRESENT: Remy Orffeo, Chairman
Joseph Liberti
Mark Dietrick, Alternate
EXCUSED: Donald Holmwood
Robert Lennartz
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 7:30 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 September 20, 2005 REGULAR MEETING:
Upon a motion duly made and seconded, the reading of the minutes of the September 20, 2005 Zoning Board of Appeals meeting was unanimously waived as each Board Member had previously received copies.
Mr. Liberti made a MOTION, seconded by Mr. Dietrick, to accept the minutes of the September 20, 2005 meeting as presented.
THE VOTE ON THE MOTION BEING:
ORFFEO AYE
LIBERTI AYE
DIETRICK 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.
ZBA Mtg. #10 Reg. Mtg. #10 October 18, 2005 Page 2
The Chairman stated that site inspections of all cases presented tonight were made by:
ORFFEO AYE
LIBERTI AYE
DIETRICK AYE
The Chairman stated that at tonight’s meeting we do not have full Board representation. In these circumstances it will require (3) votes in the affirmative to approve any motion that is presented. As a result, we offer petitioners the following three options: 1) We can vote on the petition and the petitioner must accept the Board’s decision. 2) We can hear the case and postpone the vote until the next meeting of the Board when a full Board is present. (The absent members of the Board will review the testimony and all appropriate documents prior to the meeting.) 3) The petitioner can postpone making his presentation until the next meeting of this body.
NEW BUSINESS
1. ZBA File #47-05, Plumbers & Steamfitters Local Union 22, 3651 California Road, Zoned I-1(Part of Farm Lot 29, Township 10, Range 7; SBL#161.05-4-10.1). Requests a variance to install a freestanding “Logo” sign. This proposed sign structure is not permitted as configured, Section 144-33 thru 144-42, Regulation of Signs.
APPEARANCE: Mr. David Cronkhite, representative of Plumbers & Steamfitters Local Union 22
Mr. Cronkhite presented a correspondence from Mr. Michael McNally, the Business Manager of the Plumbers & Steamfitters Local Union 22 dated October 13, 2005 authorizing him to represent the applicant (Plumbers & Steamfitters Local 22) in their variance request.
Mr. Cronkhite told the Board that Plumbers & Steamfitters Local Union 22 is expanding their Orchard Park location and has sold their Niagara Falls facility. A sign fabricated by two deceased members representing the organization’s logo had been located at the Niagara Falls site. The applicant would like to erect the sign at the Orchard Park location for the benefit and viewing of their members. The sign will be approximately 400 feet from the road in an industrial park setting and barely visible from California Road. Mr. Cronkhite cited examples of Local 22’s good deeds and noted that they have been a valuable asset to the community.
Mr. Dietrick established that the sign does not function as a traditional sign; it is more a symbol that represents the organization for its members that will be viewed by them when they visit the site. It will not easily be seen from the road.
The Chairman noted that the consolidation to the Orchard Park site is good for our Town. Local Union 22 is a proven tax payer and a productive member of the
ZBA Mtg. #10 Reg. Mtg. #10 October 18, 2005 Page 3
community. He further noted that a hardship exists with this being a flag lot property as the front is actually located at the back of the property. Further, this is not a sign in the traditional sense as it is not being used for marketing purposes or to direct people to the building. It is more of a statue.
Mr. Liberti established that the size of the sign was reduced from 18 ft. to approximately 12 feet.
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 asked if the applicant would like the Board to vote on the variance request this evening. Mr. Cronkhite stated that he would like the Board to proceed and vote on the request.
Mr. Liberti 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
LIBERTI AYE
DIETRICK AYE
THE VOTE ON THE MOTION BEING UNANIMOUS, A NEGATIVE DECLARATION IS MADE UNDER SEQR.
Mr. Dietrick made a MOTION, seconded by Mr. Liberti, to APPROVE the variance request for the following reasons:
1. The benefit sought cannot be achieved in another way.
ZBA Mtg. #10 Reg. Mtg. #10 October 18, 2005 Page 4
2. The request is not substantial.
3. There will be no impact or adverse effect on the physical or environmental conditions of the neighborhood or district.
4. Although the difficulty is self created, the hardship is unique.
THE VOTE ON THE MOTION BEING:
ORFFEO AYE
LIBERTI AYE
DIETRICK AYE
THE VOTE ON THE MOTION BEING UNANIMOUS, THE MOTION IS HEREBY PASSED.
2. ZBA File #48-05, Kenneth A. Sacilowski, 5285 Armor Duells Road, Zoned R-2 (Sub Lot #3, Map Cover 2566; SBL#184.05-1-27). Requests an area variance to place a shed/playhouse 3 feet from the side lot line. Minimum side setback for this R-2 lot is 10’, Section 144-9B, Schedule of Height, Lot, Yard & Bulk Regulations.
APPEARANCE: Mr. Sacilowski, property owner/petitioner
Mr. Sacilowski explained that he desires to erect a shed/playhouse for storage of a lawn mower and garden tools. He would like to locate the structure closer to the lot line to allow better usage of his yard. He told the Board that his neighbor has no objection to the location of the proposed shed.
Mr. Dietrick discussed the heavy traffic flow in this area and noted that it has created a hardship for the applicant. Mr. Dietrick stated that this is not a traditional neighborhood, in that the children must play in their back yards because of traffic concerns. The request to locate the shed closer to the property line will allow more room for the children to play in the backyard.
The Chairman noted that the parcel is an odd shaped lot and is 250 ft. wide at the rear of the property. He discussed reducing the request and asked the applicant what the minimum amount of relief is that he requires. The applicant agreed to locate the proposed shed 5 feet from the side lot line.
The Chairman then asked if there was anyone in the audience who would wish to speak in favor of granting the variance.
PROPONENT:
Mr. Matthew Gortzig
5280 Powers Road
Orchard Park, NY 14127
ZBA Mtg. #10 Reg. Mtg. #10 October 18, 2005 Page 5
Mr. Gortzig noted that he was the original owner and builder of the shed/playhouse and that the shed is presently located on his property. He indicated to the Board that he had a permit. The proposed location on Mr. Sacilowski’s property was chosen to blend the structure within the backyard. Mr. Gortzig does not feel that the shed will affect the neighbors, as it is not visible. If it were located to be more conforming, the neighbors would then view it.
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 asked if the applicant would like the Board to vote on the variance request this evening. Mr. Sacilowski stated that he would like the Board to proceed and vote on the request.
Mr. Liberti made a MOTION, seconded by Mr. Dietrick, to GRANT the variance request to locate the shed/playhouse 5 feet from the west side lot line with a STIPULATION for the following reasons:
1. There will be no undesirable change in the character of the neighborhood or a detriment to nearby properties created. It will enhance the area.
2. The request is not substantial.
3. The difficulty, although self created, does not preclude the granting of the variance.
This variance is granted with the following stipulation:
1. There is to be no storage of any type outside of the shed/playhouse.
THE VOTE ON THE MOTION BEING:
ORFFEO AYE
LIBERTI AYE
DIETRICK AYE
THE VOTE ON THE MOTION BEING UNANIMOUS, THE MOTION IS HEREBY PASSED WITH A STIPULATION.
ZBA Mtg. #10 Reg. Mtg. #10 October 18, 2005 Page 6
3. 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.
APPEARANCE: Mr. John Anticola, property owner/petitioner
Mr. Anticola told the members that he desires to erect a building to store his motor home and several automobiles. These vehicles are presently parked in his driveway and he believes it will be a positive effect on the neighborhood to have them removed. He presented a photo of the proposed building for the members to review and explained that his hardship exists due to the size of his home, which is 1,090 sq. ft. He further explained that having the vehicles in the driveway makes the removal of snow difficult during the winter months.
Mr. Dietrick noted that he is concerned with the difference in size of the primary residence and the proposed building. He also asked for further clarification of Mr. Anticola’s hardship. Mr. Anticola explained that there are buildings of this size through out the neighborhood; if he had a larger home he would not require a variance. Building Inspector David Holland confirmed that if the residence and the existing garage were attached, Mr. Anticola would not need a variance. It was learned that the existing garage is 27.1 feet from the home. Mr. Anticola explained that his home is located close to the road and that the vehicles parked in the driveway utilize a large amount of space. The Chairman noted the ordinance requires unregistered vehicles to be stored in a building.
Mr. Liberti established that Mr. Anticola is retired and would not be operating a business from the proposed building.
The Chairman reconfirmed with Mr. Anticola that the proposed building will not be used for the purpose of the buying or selling of vehicles or a business. He further established that the building will be located at the back of his property in a wooded area and that no trees will be removed.
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.
OPPONENT:
ZBA Mtg. #10 Reg. Mtg. #10 October 18, 2005 Page 7
Mr. Paul Hokanson
2889 Angle Road
Orchard Park, NY 14127
Mr. Hokanson’s property is adjacent to Mr. Anticola’s. He does not support the variance request and submitted a correspondence detailing his opposition. This correspondence was entered into the permanent file. Mr. Hokanson explained the drainage problems on his property he feels Mr. Anticola is responsible for. He further reported that vehicles are worked on during evening hours and weekends and that unlicensed vehicles are parked at this property. In addition, Mr. Anticola spread contaminated soil on his own property originating from a gasoline station he operated. The Chairman asked Mr. Hokanson if he had spoken to Mr. Anticola regarding the drainage problems. Mr. Hokanson stated that he had not.
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 he does not want to harm one neighbor at the expense of another. He would like the input of the Town Engineering Department regarding drainage. He directed the Secretary to forward information about this case to the Town Engineer. The Chairman will contact the Town Engineer and ask for a report at the November meeting. Mr. Dietrick stated that he would also like this additional information. However, his concern regarding the request is not limited to the drainage issues reported by the neighbor. He believes the request to be substantial.
Mr. Anticola told the members that he performs works on his own personal vehicles and is not operating a business from this site. In addition, the DEC inspected the property and the contaminated soil was removed resolving the situation.
The Chairman made a MOTION, seconded by Mr. Dietrick to TABLE this case.
THE VOTE ON THE MOTION BEING:
ORFFEO AYE
LIBERTI AYE
DIETRICK AYE
THE VOTE ON THE MOTION BEING UNANIMOUS, THE MOTION IS HEREBY PASSED.
4. 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.
ZBA Mtg. #10 Reg. Mtg. #10 October 18, 2005 Page 8
APPEARANCE: Mr. Robert Bodden, property owner/petitioner
Mr. Bodden stated that he desires to construct a detached garage for collectable automobiles. He presented a representation of the proposed garage for the Board’s review, explaining that the proposed location was chosen for aesthetic and economic reasons. Mr. Bodden would like to avoid the additional expense of a concrete driveway. He told the Board that the topography of the area is elevated and dry. He does not feel it is necessary to connect a driveway to the proposed garage. The location of the proposed garage is based on personal preference and neighbor input. A five foot setback will allow the corner of the existing home and the proposed building to align and be aesthetically pleasing. He noted that the neighbors he contacted have no objection to the variance request. Mr. Bodden stated that he would like the garage to look good and not diminish his property value.
The members discussed the proposal and concluded that they would like to have confirmation of support from the neighbors for the variance request. They would also like the applicant to compromise and revise his request to 8 feet, rather than 5 feet. The Chairman noted that this will not create additional cost for the applicant. The time frame for construction of the proposed garage was also discussed.
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 made a MOTION, seconded by Mr. Dietrick, to TABLE this item. The Board requests that the applicant obtain a signed petition from the neighbors stating that they have no objection to the variance request and return to the November 15th meeting with this document.
THE VOTE ON THE MOTION BEING:
ORFFEO AYE
ZBA Mtg. #10 Reg. Mtg. #10 October 18, 2005 Page 9
LIBERTI AYE
DIETRICK AYE
THE VOTE ON THE MOTION BEING UNANIMOUS, THE MOTION IS HEREBY PASSED.
5. ZBA File #51-05, Mary C. Scheible, 5525 Berg Road, Zoned R-3 (Part of Farm Lot 449, Township 10, Range 7; SBL#152.09-5-1). Requests an area variance to construct a mudroom addition with a side street setback of 14’. No setback if already less than the minimum required shall be further reduced, Section 144-14.
APPEARANCE: Mr. & Mrs. Scheible, property owner/petitioner
Mr. Scheible told the Board that he desires to construct a mudroom addition to their existing home.
It was established that the applicant has a practical difficulty in that this is a narrow corner lot.
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 asked if the applicant would like the Board to vote on the variance request this evening. Mr. Scheible stated that he would like the Board to proceed and vote on the request.
Mr. Liberti made a MOTION, seconded by Mr. Dietrick, to GRANT the variance request for the following reasons:
1. The request is not substantial.
ZBA Mtg. #10 Reg. Mtg. #10 October 18, 2005 Page 10
2. Although the difficulty is self created, it does not preclude the granting of the variance.
3. The applicant has a practical difficulty with this being a corner lot.
THE VOTE ON THE MOTION BEING:
ORFFEO AYE
LIBERTI AYE
DIETRICK AYE
THE VOTE ON THE MOTION BEING UNANIMOUS, THE MOTION IS HEREBY PASSED.
There being no further business to be presented to the Board at this time, the Chairman, Remy C. Orffeo adjourned the meeting at 8:50 p.m.
DATED: October 28, 2005 Respectfully submitted,
REVIEWED: November 9, 2005 Rosemary Seivert, Secretary
Zoning Board of Appeals
Remy C. Orffeo, Chairman