ZBA Mtg. #8 Reg. Mtg. #8 August 15, 2006 Page 1
ZONING BOARD OF APPEALS OF THE TOWN OF ORCHARD PARK, Erie County, New York, minutes of the August 15, 2006 meeting held in the Basement Public Meeting Room, S4295 South Buffalo Street.
MEMBERS PRESENT: Robert Lennartz, Chairman
Kim Bowers
Donald Holmwood Joseph Liberti
Jo Ann Litwin
EXCUSED: Richard Zajac, 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 7:33 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 JULY 18, 2006 REGULAR MEETING:
Upon a motion duly made and seconded, the reading of the minutes of the July 18, 2006 Zoning Board of Appeals meeting was unanimously waived as each Board Member had previously received copies.
Ms. Litwin made a MOTION, seconded by Mr. Holmwood, to accept the minutes of the July 18, 2006 meeting as presented.
THE VOTE ON THE MOTION BEING:
LENNARTZ AYE
BOWERS ABSTAINED
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 Town Clerk.
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The Chairman stated that site inspections of all cases presented tonight were made by:
LENNARTZ AYE
BOWERS AYE
HOLMWOOD AYE
LIBERTI AYE
LITWIN AYE
OLD BUSINESS
1. ZBA File #28-06, Proposed Sam’s Club Store, south side of Milestrip Road, Zoned B-1 (Part of Farm Lot 29, Township 10, Range 7; SBL#161.05-4-19). Requests two variances; first to include an automatic car wash with a proposed gas station facility. Section 144-5B allows the “non-mechanical” washing of cars at an automotive service station. The second request is to allow a 224 sq. ft. attendant building. Section 144-29C(4) requires a minimum building size of 400 sq. ft. at automotive service stations. Note: This case was rescheduled per the applicant’s request.
APPEARANCE: Ms. Kelly Pronti, Attorney
Ms. Elisa Tsang, APD Engineering
Mr. Tom Thill, Core States Engineering
The Chairman verified that Ms. Pronti and Ms. Tsang are authorized to represent the applicant.
Ms. Pronti explained the project to the Board noting that two variances are being sought. The first is to construct a 224 sq. ft. attendant building for a proposed gas station and the second is to allow a mechanical car wash. She explained reasons why the applicant feels the variances should be granted and noted that the Town Board had issued a negative declaration and that the SEQR is complete.
Ms. Bowers commented that is nice when an applicant comes before the Board with a request to do something smaller, and not larger. She established with Ms. Pronti that the gas station will have an attendant on duty at all times and that the car wash is monitored with no attendant present.
Ms. Litwin established that the car wash will have two lanes leading to 2 bay areas. There is no tunnel and the proposed wash is identical to other existing Sam’s Club locations.
The Chairman discussed signage for the site and established that the sign will be code compliant; no future variance requests will be made with regards to the signage of this site.
The Chairman then asked if there was anyone in the audience who would wish to speak in favor of granting the variance.
(Twice)
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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 that no communications have been received.
Ms. Litwin re-verified that no variance requests will be made regarding the signage.
Mr. Liberti made a MOTION, seconded by Ms. Bowers to GRANT the variances requested based on the following reasons:
1. The request is not substantial.
2. There will be no
adverse effect or impact on the physical or environmental conditions of the neighborhood
or district.
3. The difficulty is self-created, however this does not preclude the granting of the variances.
THE VOTE ON THE MOTION BEING:
LENNARTZ AYE
BOWERS AYE
HOLMWOOD AYE
LIBERTI AYE
LITWIN AYE
THE VOTE ON THE MOTION BEING UNANIMOUS, THE MOTION IS PASSED.
NEW BUSINESS
1. ZBA File #29-06, Joel B. Zadvorney, 65 Lawrence Place, Zoned R-2 (Part of Farm Lot 20, Township 9, Range 7; SBL#184.11-2-25). Requests an area variance to allow an addition to a detached garage to remain. Side setback to addition is 3.47 feet. Required side setback for this R-2 lot is 8 ft., Section 144-20A(2).
APPEARANCE: Mr. Zadvorney distributed photos for the members to review. He explained that he had constructed an addition to his detached garage to camouflage his boat from his neighbor’s view. However, he did not obtain a building permit. Mr. Zadvorney intends to complete the garage in 2007. He told the Board that his
ZBA Mtg. #8 Reg. Mtg. #8 August 15, 2006 Page 4
neighbor does not object to the addition and that this is the only suitable location for it, as it is difficult to maneuver a trailer on the opposite side of his property.
Mr. Liberti established that the neighbor does not object to the addition and that the addition will not be fully enclosed.
Ms. Bowers established that matching siding will be used on the addition.
The Chairman discussed the siding and the applicant told the Board that siding will be used on the outside wall. He further stated that the front and back of the addition will remain open. The Chairman confirmed that Building Inspector David Holland will review the plan at the time of the issuance of a building permit to insure it conforms to building codes. It was also established that fuel will be stored here, but the Building Inspector feels the quantity is of no concern. The Chairman re-verified that Mr. Zadvorney discussed the project with his immediate neighbor and that he had no objections to the addition.
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 that no communications have been received.
The Chairman noted that this is a reasonable solution. He noted that the applicant will clean up the area after the construction is finished.
Ms. Bowers made a MOTION, seconded by Ms. Litwin to GRANT the variance with a STIPULATION for the following reasons:
1. There will be no undesirable change to the character of the neighborhood or will it be a detriment to any other property or the neighbors.
2. The benefit cannot be sought in any other way, other than the granting of the variance.
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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 not self created.
The variance is granted with the following stipulation:
1. The side of the garage and the addition shall be sided all together with the same siding.
THE VOTE ON THE MOTION BEING:
LENNARTZ AYE
BOWERS AYE
HOLMWOOD AYE
LIBERTI AYE
LITWIN AYE
THE VOTE ON THE MOTION BEING UNANIMOUS, THE MOTION IS PASSED WITH A STIPULATION.
2. ZBA File #30-06, Arthur Petch, 3719 Abbott Road, Zoned B-2 (Part of Farm Lot 30, Township 10, Range 7; SBL#161.09-1-4.2). Requests a use variance to construct an addition to the residential portion of this dual use building. A non-conforming use shall not be extended except within the same building which it partially occupies, Section 144-60.
APPEARANCE: Mr. Terry Campbell, representative for the applicant
Mr. Campbell presented copies of the proposed plan and explained that Mr. Petch desires to construct an addition to the existing building. Mr. Petch operates a bar business and often finds that he must remain.
Ms. Bowers confirmed with Mr. Campbell that the proposed addition will be approximately 2,000 sq. ft.
The Chairman established that the applicant is proposing a residential addition and that the existing bar business will be located at the front of the site; the addition will connect to an existing upstairs apartment where Mr. Petch presently resides. Mr. Campbell noted that only Mr. Petch and his wife will reside here. It will not be rented out to another party in any way, shape or form. The Chairman confirmed that the applicant would agree to a stipulation stating this.
Ms. Bowers asked for clarification of the location of the proposed addition. Mr. Campbell indicated on the site plan the location of the addition and an outdoor volley ball court area.
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Mr. Campbell requests that the variance be granted with a 6-month extension, due to the shortness of the building season that remains.
Mr. Liberti established with Mr. Campbell that Mr. Petch has indicated that he wants the site to be appealing and that he plans on residing the whole unit and planting additional landscaping.
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 that no communications have been received.
The Chairman made a motion, seconded by Ms. Bowers, 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:
LENNARTZ AYE
BOWERS AYE
HOLMWOOD AYE
LIBERTI AYE
LITWIN AYE
THE VOTE ON THE MOTION BEING UNANIMOUS, THE MOTION IS PASSED.
Ms. Litwin made a MOTION, seconded by Mr. Holmwood to GRANT the variance with a STIPULATION for the following reasons:
1. Strict application of the regulation will deprive the applicant of an economic use and benefit from the property; having the owner of the establishment will benefit the property and make it a safe guard.
2. The hardship is not unique to the neighborhood.
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3. The variance will not alter the essential character of the neighborhood.
4. The alleged hardship is not self-created, as there is an apartment structure already in existence; we are trying to afford another living quarters.
The variance is granted with the following stipulation:
1. The owner of the establishment is to live here and shall not rent out space.
2. This variance is granted with a six month extension.
THE VOTE ON THE MOTION BEING:
LENNARTZ AYE
BOWERS AYE
HOLMWOOD AYE
LIBERTI AYE
LITWIN AYE
THE VOTE ON THE MOTION BEING UNANIMOUS, THE MOTION IS PASSED WITH A STIPULATION.
3. ZBA File #31-06, Towne Lincoln Mercury, 3531 Southwestern Boulevard, Zoned B-2, (Part of Farm Lot 22, Township 10, Range 7; SBL#161.07-7-7). Requests a variance to allow an oversized monument sign in addition to an existing free standing sign on this parcel. Monument signs may not exceed 30 sq. ft. in area or 5 ft. in height, Section 144-5A. One (1) free standing sign may be erected, Section 144-38B(1).
APPEARANCE: Mr. Frank Downing, Jr.
Mr. Eberhard, of Alco Sign
The Chairman and Mr. Holmwood recused themselves from this case. He explained to the applicant that because there are only three members able to vote on the case, the vote would have to be unanimous in order to pass a motion. He offered Mr. Downing the following 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 the excused member is present. The excused member of the Board will review the testimony and all appropriate documents prior to the meeting. In this instance, the vote on the petition will have to carry three (3) out of the four (4) votes in order to pass. If a vote results in a two/two tie, the motion will be defeated.
3. The petitioner can postpone making his presentation until the next meeting of
this body.
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Mr. Downing told the Board that prefers to proceed.
Mr. Downing explained to the Board that he would like to erect a “Lincoln Mercury” brand sign to designate the location of his newly relocated Lincoln-Mercury/Mazda dealership. He told the Board that he is not requesting to erect Mazda signage as there are signs on the building that identify that the “Mazda” product is located here. However, individuals are confused when trying to locate the re-located Lincoln-Mercury dealership. Mr. Downing is not able to use the signage from the prior location as Lincoln-Mercury mandates that the newer signage be used.
Mr. Eberhard told the Board that the signage used by other business in the area is larger that the Lincoln-Mercury sign. He feels the sign is clean looking and that if it were smaller, Mr. Downing will be wasting his money as people would not read it. He feels it fits in with the character of the neighborhood.
Mr. Liberti established that the sign will be lit and that it is the smallest sign offered by Lincoln-Mercury.
Acting Chairwoman Jo Ann Litwin then asked if there was anyone in the audience who would wish to speak in favor of granting the variance.
(Twice)
NO RESPONSE
Acting Chairwoman Jo Ann Litwin then asked if there was anyone in the audience who would wish to speak against the granting of the variance.
(Twice)
NO RESPONSE
Acting Chairwoman Jo Ann Litwin then asked if the Secretary had received any additional communications either for or against granting the variance.
The Secretary stated that no communications have been received.
Ms. Bowers 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:
LENNARTZ ABSTAINED
BOWERS AYE
HOLMWOOD ABSTAINED
LIBERTI AYE
ZBA Mtg. #8 Reg. Mtg. #8 August 15, 2006 Page 9
LITWIN AYE
THE VOTE ON THE MOTION BEING UNANIMOUS, THE MOTION IS PASSED.
Mr. Liberti made a MOTION, seconded by Ms. Bowers to GRANT the variance for the following reasons:
1. The request is substantial, but given the district, it is not overwhelming.
2. The difficulty is self-created; but, that does not preclude the granting of the variance.
3. There will be no adverse effect or impact on the physical or environmental conditions of the neighborhood or district.
THE VOTE ON THE MOTION BEING:
LENNARTZ ABSTAINED
BOWERS AYE
HOLMWOOD ABSTAINED
LIBERTI AYE
LITWIN AYE
THE VOTE ON THE MOTION BEING UNANIMOUS, THE MOTION IS PASSED.
4. ZBA File #32-06, Target Corporation, 5622 Amanda Lane, Zoned B-1 (Part of Farm Lot 28, Township 10, Range 7; SBL#152.17-1-14). Requests an area variance to construct a building addition with a 39 ft. front setback. Minimum front setback for this B-1 parcel is 50 ft., Section 144-9B, Schedule of Height, Lot, Yard & Bulk Regulations.
APPEARANCE: None
The Chairman told the secretary to place this item on next month’s agenda under “old business”.
There being no further business to be presented to the Board at this time, the Chairman, Robert J. Lennartz adjourned the meeting at 8:35 p.m.
DATED: October 23, 2006 Respectfully submitted,
REVIEWED: October 26, 2006 Rose Seivert, Secretary
Zoning Board of Appeals
Robert J. Lennartz, Chairman