ZBA Mtg. #13 Regular Mtg. #12 December 19, 2006 Page 1
ZONING BOARD OF APPEALS OF THE TOWN OF ORCHARD PARK, Erie County, New York, minutes of the December 19, 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 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 7:32 P.M., stating that if anyone appearing before the Board is 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.
He asked those present to give thought to those in the military that will not be with their families this year.
The Chairman wished the Zoning Board members, the Supervisor and the Town Board “Happy Holidays”. He thanked all for their hard work. He further thanked Councilman Jemiolo for his assistance over the years, noting that he will miss him.
APPROVAL OF THE MINUTES OF THE NOVEMBER 21, 2006 REGULAR MEETING:
Upon a motion duly made and seconded, the reading of the minutes of the November 21, 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. Liberti, to ACCEPT the minutes of the November 21, 2006 meeting as presented.
THE VOTE ON THE MOTION BEING:
LENNARTZ ABSTAINED
BOWERS AYE
HOLMWOOD AYE
LIBERTI AYE
LITWIN AYE
ZAJAC 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
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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.
The Chairman stated that site inspections of all cases presented tonight were made by:
LENNARTZ AYE
BOWERS AYE
HOLMWOOD AYE
LIBERTI AYE
LITWIN AYE
ZAJAC AYE
OLD BUSINESS
1. 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. Note: This case re-scheduled from the 8/15/06 meeting at applicant’s request.
APPEARANCE: Mr. David Lombardi, John Meyers Consulting
The Chairman verified that a letter was present in the file authorizing John Meyer Consulting to represent Target in this matter.
Mr. Lombardi apologized for the delay in appearing before the Board that occurred in August, 2006. He presented and explained plans for a proposed remodel/expansion of the existing Target store for the Board’s review. It was learned that a 20,110 +/- sq. ft. addition is being proposed with interior and exterior building modifications, as well as site improvements. A 57-foot expansion will be constructed on the east of the building and an additional loading dock will be constructed at the rear of the store. The sales expansion at the southeast corner of the building encroaches approximately 11-feet into the required 50-foot front yard setback. The request is for a variance to reduce the front yard setback to approximately 39-feet. Mr. Lombardi stated that Councilwoman Ackerman and Target representatives worked jointly on the proposed façade and that the Conservation Board approved the Landscaping Plan. Mr. Lombardi concluded that the purpose of the remodel is to improve the consumer’s shopping experience, improve the visual quality, the site to passersby and to bring the store into compliance with the national Target chain stores. Site improvements will modify the façade, create an extension of the sidewalk and aid with potential vehicular conflicts.
Mr. Holmwood established that Councilwoman Ackerman and Target representative Perri Hatte worked hard to have the façade of the store blend with the existing plaza.
Mr. Liberti established that the expansion may create several jobs. However, the majority of the expansion is for warehousing. Mr. Lombardi noted that it is their desire to eliminate the storage containers used in the parking lot area.
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Ms. Bowers established that the driveway at the side of the building is used for truck deliveries; it will be widened slightly to accommodate the truck turn-around area. Mr. Lombardi noted that National Grid has an easement that prevents further widening of the roadway.
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.
Ms. Litwin 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
Mr. Liberti made a MOTION, seconded by Ms. Litwin, to APPROVE the request for the area variance for the following reasons:
1. There will be no undesirable change to the character of the neighborhood.
2. The request is not substantial.
3. There will be no adverse effect or impact on the physical or environmental conditions of the neighborhood or district.
4. Although the difficulty is self created, that does not preclude the granting of the variance.
ZBA Mtg. #13 Regular Mtg. #12 December 19, 2006 Page 4
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.
2. ZBA File #42-06, Philip Silvestri for Lebex Holdings, LLC., Vacant Land East side of Taylor Road, Zoned R-3 (Part of Farm Lot 24, Township 9, Range 7; SBL#161.00-3-26). Requesting area variances to construct a townhouse project. First, to reduce the 75 foot required building setback to property lines, Section 144-9(B), Schedule of Height, Lot, Yard & Bulk Regulations. Second, to reduce the setback to the right-of-way of the private roads and the distance between buildings. Minimum setback from the right-of-way of a private road is 50 feet. Minimum distance between buildings is 60 feet, Section 144-46C(4)(a). Third, to reduce the setback to driveways and parking lots. Minimum setback to a driveway or parking lot is 25 feet from the front of a building, Section 144-46C(4)(6). Note: This case was tabled by the Board at the October 26, 2006 meeting, pending the receipt of further information requested by the Board.
The Chairman noted that the applicant had communicated late in the day that they would like to be scheduled for the January 16, 2007 meeting. He further noted that the applicant is allowed 90-days before returning for the review of the project; this will end on that date.
Mr. Richard Leonard, of Orchard Park was present in the audience and he spoke regarding his disappointment that the applicant was not present. He explained his confusion with the published notice and the variances being requested. The Board members explained to Mr. Leonard that they, too, had just found out that the applicant would not be present; however, the Chairman told Mr. Leonard that he may review the file during normal business hours and speak to Building Inspector David Holland if he has questions regarding the project.
NEW BUSINESS
1. ZBA File #49-06, Buffalo Spinal Institute, 4180 Abbott Road, Zoned B-2 (Part of Farm Lot 39, Township 9, Range 7; SBL#161.17-3-14). Requests a variance to install a freestanding sign with (2) 32-square foot display surfaces. Maximum sign area for this freestanding sign is (2) display surfaces, each of which shall not exceed 20-square feet, Section 144-38B(2).
APPEARANCE: Christopher Ross, All American Sign
Mr. Ross explained the difficulty and safety issues that passersby experience when trying to locate the Buffalo Spinal Institute.
Mr. Liberti established that Mr. Ross is willing to compromise and reduce the size of the proposed sign to 4-feet. x 6.5-feet. Mr. Ross told the Board that he would need to
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check with Dr. Clark regarding this matter. It was further established that the sign will be non-illuminated; however, a spot light may be used.
Mr. Holmwood established that the sign will have a ground clearance of 3-feet. Mr. Ross noted that he could reduce the height to the ground if needed.
Chairman Lennartz established that there will be landscaping planted after the signage is installed and he commented that he feels the proposed signage is attractive.
The members agreed that they like the proposed compromise regarding reducing the size of the sign; however, they discussed the fact that it is not clear that Dr. Clark will agree to reduce the size of the sign. Attorney Michael Wolf noted that if the Board grants the variance designating the reduction in the size of the sign, Dr. Clark has no option.
Ms. Bowers inquired if the location of the sign can be changed and Mr. Ross explained that the proposed location is the best location for the signage.
The Chairman then asked if there was anyone in the audience who would wish to speak in favor of granting the variance.
Mr. Richard Leonard
33 Burbank
Orchard Park, NY 14127
Mr. Leonard commented that he supports the variance with the reduction in the size of the proposed signage.
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 two communications have been received against the granting of the variance; Mr. & Mrs. Eric Matwijow of 4155 Abbott Road and Mr. & Mrs. John Matwijow of 4171 Abbott Road. These letters have been entered into the permanent file.
Ms. Litwin made a motion, seconded by Mr. Holwmood, 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:
LENNARTZ AYE
BOWERS AYE
HOLMWOOD AYE
LIBERTI AYE
LITWIN AYE
THE VOTE ON THE MOTION BEING UNANIMOUS, THE MOTION IS PASSED.
Mr. Liberti made a MOTION, seconded by Mr. Holmwood, to GRANT the area variance request for a 4 ft. x 6.5 ft. sign (revised size), based on the following, with a STIPULATION:
1. The request is not substantial. The Board appreciates the negotiation and flexibility of the applicant.
2. There will be no adverse effect or impact on the physical or environmental conditions of the neighborhood.
3. The difficulty is self-created, however, that does not preclude the granting of the variance.
The variance is granted with the following stipulation:
1. The size of the sign is to be reduced to 4 ft. x 6.5 ft.
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.
OTHER BUSINESS:
The Chairman stated the following:
“I, Robert Lennartz, would like to make a MOTION, seconded by Ms. Litwin, that the Zoning Board of Appeals RECOMMEND that the Orchard Park Town Board consider amending Section 144-63D(2)(d) of the Code of the Town of Orchard Park as follows:
(d) Expiration of appeal decision.
A decision on any appeal or request for a variance shall expire if the applicant fails to obtain any necessary building permit or comply with the conditions of said authorized
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permit within twelve (12) months from the date of authorization thereof. The Zoning Board of Appeals, in its judgment of the special circumstances presented by a particular case, shall have the ability to reduce the expiration time to not less than six (6) months if it believes said reduction is in the interest of public health, safety or general welfare.”
He further stated that the purpose of the proposed change is to make it easier for the public to comply with final approvals; depending upon the seasons and calendar delays. The revision is not meant to give individuals an extra six-months to delay.
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.
There being no further business to be presented to the Board at this time, the Chairman adjourned the meeting at 8:12 p.m.
DATED: January 10, 2007 Respectfully submitted,
REVIEWED: January 10, 2007 Rose Seivert, Secretary
Zoning Board of Appeals
Robert J. Lennartz, Chairman