ZBA Mtg. #2 Reg. Mtg. #2 February 21, 2006 Page 1
ZONING BOARD OF APPEALS OF THE TOWN OF ORCHARD PARK, Erie County, New York, minutes of the February 21 , 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 7:35 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.
Chairman Lennartz presented a “Certificate of Appreciation” to past Chairman Remy C. Orffeo, noting that he served on the Zoning Board of Appeals since September, 1999 through December, 2005. He told Mr. Orffeo that the Board appreciated his effort put forth and the fairness he showed to all while serving the Town of Orchard Park.
APPROVAL OF THE MINUTES OF THE DECEMBER 20, 2005 & JANUARY 17, 2006 REGULAR MEETING:
A motion was made by Ms. Litwin, seconded Mr. Holmwood, to approve the minutes from the December 20, 2005 Zoning Board of Appeals meeting.
THE VOTE ON THE RESOLUTION BEING:
LENNARTZ AYE
BOWERS ABSTAINED
HOLMWOOD AYE
LIBERTI AYE
LITWIN AYE
THE VOTE ON THE RESOLUTION BEING UNANIMOUS, THE RESOLUTION
WAS DULY ADOPTED.
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A motion was made by Ms. Bowers, seconded by Mr. Liberti, to approve the minutes from the January 17, 2006 Zoning Board of Appeals meeting.
THE VOTE ON THE RESOLUTION BEING:
LENNARTZ AYE
BOWERS AYE
HOLMWOOD AYE
LIBERTI AYE
LITWIN AYE
THE VOTE ON THE RESOLUTION BEING UNANIMOUS, THE RESOLUTION WAS DULY ADOPTED.
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.
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 #02-06, Diane DeMarco, 7150 Michael Road, Zoned R-3 (Part of Farm Lot 408, Township 10, Range 7; SBL#153.10-2-21). Requests an area variance to reduce a lot width to 70 ft. and a second variance to reduce a side setback to 8 ft. Minimum required width for this lot is 90 ft. Minimum side setback for this lot is 10 ft., Section 144-9B, Schedule of Height, Lot, Yard & Bulk Regulations. This case rescheduled per applicant’s request.
APPEARANCE: Mr. Joe DeMarco, applicant and property owner
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Mr. DeMarco told the Board that he purchased a seven (7) acre parcel on Michael Road located behind a plaza he owns on Southwestern Boulevard. The Southwestern Boulevard property has septic sewers, whereas, the property on Michael Road has public sewers. He would like to be able to have a connection to the public sewer on Michael Road in the future. Presently, he desires to construct a duplex for family members at the Michael Road property.
The members’ questions established that Mr. DeMarco is proposing to construct a duplex home 250 feet from a home that currently exists on this property. If the existing home were demolished, the zoning for this property would allow Mr. DeMarco to construct apartments and he would not need a variance. If the requested variance is not granted, he will pursue the development of apartments.
Mr. DeMarco told the Board that he plans to expand his Southwestern Boulevard site and leave a natural buffer area at the rear where the residential homes are located on Michael Road. Mr. DeMarco spoke to one neighbor regarding the duplex proposal and he understands the neighbors have concerns regarding his intentions for the property. It was further established that a separate 10 foot wide blacktop driveway will be installed to access the proposed duplex. In addition, the existing home will be refurbished.
The Chairman noted that the present zoning allows Mr. DeMarco’s alternative for construction of multiple family housing. He feels the request will not alter the character of the neighborhood with the construction of the proposed duplex in the proposed location.
The Chairman then asked if there was anyone in the audience who would wish to speak in favor of granting the variance.
PROPONENT:
Mr. Shawn Murphy
7168 Michael Road
Orchard Park, NY 14127
Mr. Murphy lives adjacent to the property on Michael Road that Mr. Demarco has purchased. He confirmed with Mr. DeMarco that the tall pine trees at the border will not be removed. Mr. Murphy told the Board that he supports the request and does not want to have apartments built.
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The Chairman then asked if there was anyone in the audience who would wish to speak against the granting of the variance.
OPPONENT:
Mr. Dana Grady
7140 Michael Road
Orchard Park, NY 14127
Mr. Grady confirmed with Mr. DeMarco that the row of trees will remain and that one large tree will be removed. He further discussed the driveway location. He told the Board that he does not object to the construction of the duplex and does not want apartments built.
Mr. Anthony Grimaldi
7135 Michael Road
Orchard Park, NY 14127
Mr. Grimaldi explained to the Board various personal reasons why he did not support the request.
Mr. Holmwood confirmed with Building Inspector Holland that there is ample room for emergency vehicles to gain access to the proposed duplex.
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.
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 neighborhood.
2. The benefit could be sought in another way, but this is not substantial.
3. The difficulty was not self-created.
THE VOTE ON THE MOTION BEING:
LENNARTZ AYE
BOWERS AYE
HOLMWOOD AYE
LIBERTI AYE
ZBA Mtg. #2 Reg. Mtg. #2 February 21, 2006 Page 5
LITWIN AYE
THE VOTE ON THE MOTION BEING UNANIMOUS, THE MOTION IS HEREBY PASSED.
NEW BUSINESS
2. ZBA File #05-06, Norbert J. Lazarsky, 371-391 Summit Avenue, Zoned R-3 (Sub Lot’s #58-60, Map Cover 916; SBL#152.13-4-29.1). Requests an area variance to continue construction on a duplex with a 26.54’ front setback. Minimum front setback for this R-3 lot is 30 feet, Section 144-9B, Schedule of Height, Lot, Yard & Bulk Regulations.
APPEARANCE: Mr. Norbert Lazarsky, Builder
Mr. John Sowinski, Property owner
Mr. Lazarsky explained to the members that the setback measurement was found to be incorrect when a spot survey was performed after the foundations for the basement walls were complete. One of the adjacent neighbors voiced his concerns regarding the side lot line, which prompted Mr. Lazarsky to have an additional survey performed. He reported that this survey indicated the same results and was from a different surveyor. He also told the Board that the adjacent homes were not built to comply with the current setback requirements. He apologizes to the Board for the human error.
Mr. Sowinski noted that this was strictly human error and asked for the Board’s understanding.
The Chairman told Mr. Sowinski that is what the Board is here for.
The Chairman then asked if there was anyone in the audience who would wish to speak in favor of granting the variance.
PROPPONENT:
Mr. Nick Taneff
279 Summit Ave.
Orchard Park, NY 14127
Mr. Taneff spoke in favor of the request. He finds the proposed construction to be a “breathe of fresh air” for his neighborhood; an opportunity for new life.
The Chairman then asked if there was anyone in the audience who would wish to speak against the granting of the variance.
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(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 Mr. Holmwood, to GRANT the variance request for the following reasons:
1. There will be no undesirable change to the character of the neighborhood or a detriment to the nearby properties. This will be a benefit.
2. The benefit sought cannot be achieved in another way.
3. The request is not substantial, as the other homes are varied in their frontage.
4. The difficulty was not self-created; I believe it was a mistake.
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 HEREBY PASSED.
There being no further business to be presented to the Board at this time, the Chairman, Robert J. Lennartz adjourned the meeting at 8:15 p.m.
DATED: March 16, 2006 Respectfully submitted,
REVIEWED: March 17, 2006 Rosemary Seivert, Secretary
Zoning Board of Appeals
Robert J. Lennartz, Chairman