ZBA Mtg. #1 Reg. Mtg. #1 January 17, 2006 Page 1
ZONING BOARD OF APPEALS OF THE TOWN OF ORCHARD PARK, Erie County, New York, minutes of the January 17, 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 7:33 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.
Chairman Lennartz and the Board Members expressed a “thank you” to the past Chairman, Remy Orffeo. His solid leadership and many years of service to the Board were greatly appreciated.
Chairman Lennartz noted that his goals as Chairman will be to; listen well to what is said by a petitioner, be fair to all sides and have relief be minimal. He stated that the Board is not here to change the zoning laws of the Town of Orchard Park. He further stated that it is important for the public to be involved in zoning issues.
Chairman Lennartz informed the Board that Ms. Litwin will assume the position of Chairman if he is unable to attend the meeting.
APPROVAL OF THE MINUTES OF THE DECEMBER, 2005 REGULAR MEETING:
A motion was made by the Chairman, seconded by Ms. Litwin to delay the approval of the minutes from the December 20, 2005 Zoning Board of Appeals meeting until the next Zoning Board meeting, scheduled for Tuesday, February 21, 2006.
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.
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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
NEW BUSINESS
1. ZBA File #01-06, William E. Benn, 3764 N. Buffalo Road, Zoned B-3 (Part of Farm Lot 16, Township 9, Range 7; SBL#162.09-1-6.1). Requests a Use Variance to allow a residence and a business to co-exist on this property. Uses permitted in R-districts shall not be permitted on the same lot with uses permitted in B-districts, Section 144-20D.
APPEARANCE: Mr. William Benn, Petitioner
Mr. Benn told the members that he is in the process of purchasing the property at 3764 N. Buffalo Road. He currently owns and operates a business known as “Bits & Bytes Computer” located at 6177 West Quaker Road in Orchard Park. He would like to use the first floor at 3764 N. Buffalo Road to operate his business and utilize the second floor as a rental apartment. Access to the proposed second floor apartment will be obtained through an existing separate rear entrance. The hours of operation will be 9 a.m. to 7 p.m., Monday through Friday. Saturday, the business will operate from 10 a.m., until 2 p.m. It was established that there will be two employees and that there will be parking for up to 8 vehicles at the rear of the property. A parking space will be designated for the tenant. Mr. Benn noted that although items may be dropped off, the business has very little walk-in trade. He also told the Board that he repairs items off site, as well as at the business location.
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
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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.
(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.
Mr. Benn noted that he had discussed the variance he is seeking with his surrounding neighbors and they have no objection to the request.
Mr. Liberti made a motion, seconded by Ms. Litwin, 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, A NEGATIVE DECLARATION IS MADE UNDER SEQR.
Mr. Liberti made a MOTION, seconded by Mr. Holmwood, to GRANT the variance request for the following reasons:
THE VOTE ON THE MOTION BEING:
LENNARTZ AYE
BOWERS AYE
HOLMWOOD AYE
LIBERTI AYE
LITWIN AYE
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THE VOTE ON THE MOTION BEING UNANIMOUS, THE MOTION IS HEREBY PASSED.
2. 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.
APPEARANCE: NONE
The Chairman noted that the applicant asked to be rescheduled to the February 21, 2006 Zoning Board of Appeals meeting.
3. ZBA File #03-06, Marion Lambein, 15 Sandpiper Court, Zoned R-1 (Sub Lot 28, Map Cover 3207; SBL#173.12-2-17). Requests an area variance to construct a single family dwelling with a lot coverage area of 14.96%. Maximum lot coverage for this R-1 Lot is 12%, Section 144-9B, Schedule of Height, Lot, Yard & Bulk Regulations.
APPEARANCE: Mr. Dale McCabe, Attorney
Mr. Michael Lock, Lock Builders
Mr. Nick Piestrak, Birdsong Subdivision Developer
The Chairman verified that a letter had been received authorizing Mr. McCabe to represent Marion Lambein. Mr. McCabe told the Board that the Lambein’s originated from Orchard Park and West Seneca and that they desire to return to the area. They presently reside in the state of Florida in a larger home than what is being proposed. He told the Board that the original proposed home had been larger and that the proposal before the Board was reduced to 14.96% lot coverage. The Lambein’s desire to build a home that will provide them maximum use of first floor space with the thought in mind of planning for future health considerations. Mr. McCabe told the Board that he feels the proposed 4,233 sq. ft. home will fit into the character of the neighborhood as the other homes located in this cul-de-sac area are larger than what is being proposed.
The members discussed the layout and square footage of the proposed home. Mr. Lock explained to the Board that the home exceeds the lot coverage requirement because the first floor has been designed to be wheel chair accessible. In addition the master bedroom and bath areas are also located here. The second floor and loft area are designed for guests.
The Chairman told Mr. Piestrak stated that he appreciates the reduction that the applicant made, but he does not want him to think that 15% is the “norm”
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for this subdivision. Designing a home to be below 15% lot coverage is not a guideline; the zoning regulation is 12%. Previous negotiations with the land developer for 15% lot coverage rulings were granted by the Board on a case by case basis. From that time on, he believed that there were to be no additional variance requests made for this subdivision.
The Chairman then asked if there was anyone in the audience who would wish to speak in favor of granting the variance.
PROPONENT:
Mr. Nick Piestrak
110 Coriander Circle
East Amherst, NY 14051
Mr. Piestrak discussed the previous variance requests heard before the Board located in the Birdsong Subdivision. He noted that it is not his intention to use those instances as a guideline. He understands his commitment to not seek variances that was previously discussed during that time. However, he feels that this request is consistent with the area and that the subdivision will not suffer from the request. He is fully aware of the 12% zoning requirement and is committed to tell all who approach him to not even consider building if they cannot abide to a 12% lot coverage. He apologizes for what has reoccurred.
The Chairman then asked if there was anyone in the audience who would wish to speak against the granting of the variance.
OPPONENT:
Mrs. Beverly Rick
52 Fox Chapel Drive
Orchard Park, NY 14127
Mrs. Rick spoke regarding a green space issue between the Fox Chapel property owners and the Birdsong Subdivision. The Chairman told her that this issue did not apply to this particular request, but that he would look into her concerns and report back to her his findings.
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 Board discussed the variance request and concluded that the design of the proposed home is not excessive or unreasonable in this location. The proposed home is designed to fit the Lambein’s life style and adapt for their future
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needs. It was noted that the proposed home will have a two-car garage (596 sq. ft.); the typical home, here, has a three to four-car garage. There are no porches, just a small 5’ x 7’ entrance area.
Ms. Litwin made a MOTION, seconded by Ms. Bowers, to GRANT the variance request for the following reasons:
1. There will be no undesirable change in the character of the neighborhood or a detriment to nearby properties.
2. The benefit sought cannot be achieved in another way.
3. The request us not substantial as other homes in the area are greater in size.
4. There will be no adverse effect or impact on the physical or environmental conditions of the neighborhood.
5. The difficulty is not self created.
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.
4. ZBA File #04-06, Gerald A. Buchheit, Vacant Land at east side of Amelia Drive, Zoned B-1 (Part of Farm Lot 28, Township 10, Range 7; SBL#152.17-1-13.16). Requests a variance to allow (2) oversized monument signs at the R.O.W. line of this proposed retail complex. One (1) monument sign not exceeding 30 sq. ft. in area or 5 ft. in height may be erected no less than 10 ft. from the R.O.W. line, Sections 144-5A & 144-38B(1).
APPEARANCE: Mr. Robert Walsh, Attorney
Mr. Gerald Buchheit, Applicant/Developer
Mr. Walsh distributed information to the members detailing the signage request being made for the plaza noting that the retail businesses located here will be perpendicular to Milestrip Road. He cited factors of speed, safety, deep building setbacks, view obstruction created by out parcels, patterns of traffic with a two lane highway, and expectations of the potential tenants as being major factors for the signage being proposed. He told the Board that the size
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and configuration of the proposed signage will not create any sightline problem for motorists and that it will enhance the ability of potential shoppers traveling at high speed to quickly identify what stores are in the Quaker Crossing East portion of the complex. The size of the proposed sign is in keeping with the character of the surrounding area and the existing signage of the complex. He further told the Board that the landscaping to be planted at the site will be significant. He further stated that the site is unique and will have high quality retail tenants such as the nationally known “Marshall’s”. He noted that proper signage is critical to the project.
He believes the proposed signage will enhance the Town of Orchard Park and concluded that the site will be a benefit to the Town’s tax base. He noted that there is a discrepancy in the material presented and verified that the request is to have one of the signs 30 feet in overall height. He told the Board that he does not feel the signage will cause visual pollution nor have a negative impact on the area. He does not believe the difficulty is self created.
Mr. Buchheit discussed the importance of having quality tenants given a quality sign. He explained to the Board that the only access to the plaza will be from Amelia Drive, as the County will not allow a curb cut installed on Milestrip Road. He indicated on the site plan that the tenants located here will not be visible unless they are viewed on the monument sign, which will be located approximately 900 ft. away. The smaller sign being requested is approximately 2/3 the height of the previously discussed signage request. It will be located at a 45° angle and benefit the traffic flowing from Lake Avenue, Benzing Road and Amanda Lane. The travelers on these streets will view the back of the buildings. Therefore, the businesses located within will not be known to passersby. The proposed signage is needed to identify what is located here.
Ms. Litwin noted that the McKinley Mall has businesses with signs on the back of buildings. She established that there will be no signage on the back of the businesses located in this plaza; shrubbery will be planted along that area. Mr. Buchheit told the Board that the Conservation Board approved a $120,000 landscape plan for the site that includes shrubbery, extensive plantings and wild flowers to help buffer the Benzing Road residents.
Ms. Bowers established that landscaping will be used in the area around the proposed signage. She also established that the blinking traffic signal at Amanda and Amelia is installed with a full controller, which can be operated as such, if it is needed in the future. Mr. Walsh told the Board that the road system was designed for full traffic use.
Mr. Zajac told the applicant that he is not convinced that there is a need for the second sign being proposed. The members discussed the proposed second sign and concluded that they share the same thoughts of not being convinced that the second sign is needed.
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Mr. Buchheit explained to the Board that sign identification is important to the smaller tenants and he offered to reduce the proposed second sign by 50%. The proposed second sign will be reduced to 15 ft. in overall height, instead of 30 ft.
Mr. Holmwood established that the utility lines are clear of the location of the proposed signage.
Mr. Liberti established that the proposed signage will be lit.
The Chairman verified with Building Inspector David Holland that the signage location will not create a visual site problem for traffic. He complimented Mr. Buchheit on the landscaping, noting that the project will be a good addition to the Town. He understands the problem the smaller stores will have and favors the compromise to reduce the second sign’s size.
The Chairman then asked if there was anyone in the audience who would wish to speak in favor of granting the variance.
Mr. John Kerber, Manager
Kelsey’s Restaurant
Quaker Crossing
3500 Amelia Drive
Orchard Park, NY 14127
Mr. Kerber told the Board that when people see the signage it brings customers to his restaurant. He told the Board that there is no sign on the side of his building.
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.
Mr. Holmwood made a motion, seconded by Ms. Litwin, 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
ZBA Mtg. #1 Reg. Mtg. #1 January 17, 2006 Page 9
BOWERS AYE
HOLMWOOD AYE
LIBERTI AYE
LITWIN AYE
THE VOTE ON THE MOTION BEING UNANIMOUS, A NEGATIVE DECLARATION IS MADE UNDER SEQR.
Ms. Litwin made a MOTION, seconded by Mr. Holmwood, to GRANT the variance with an adjustment to the second sign size as follows with a stipulation:
1. The second sign is to be reduced by 50%, making it a total of 15 ft. in overall height.
2. There will not be an undesirable change to the character of the neighborhood.
3. The benefit sought cannot be achieved in any other way.
4. The request is not substantial.
5. There will be no adverse effect or impact on the physical or environmental conditions of the neighborhood.
6. The difficulty was not self created, due to the way the stores are located on the lot.
This variance is granted with the following stipulation:
1. There are to be no other free standing signs erected for any tenant of the site.
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 WITH A STIPULATION.
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There being no further business to be presented to the Board at this time, the Chairman, Robert L. Lennartz adjourned the meeting at 8:51 p.m.
DATED: February 7, 2006 Respectfully submitted,
REVIEWED: February 8, 2006 Rosemary Seivert, Secretary
Zoning Board of Appeals
Robert J. Lennartz, Chairman