ZBA Mtg. #7 Reg. Mtg. #7 July 18, 2006 Page 1
ZONING BOARD OF APPEALS OF THE TOWN OF ORCHARD PARK, Erie County, New York, minutes of the July 18, 2006 meeting held in the Basement Public Meeting Room, S4295 South Buffalo Street.
MEMBERS PRESENT: Robert Lennartz, Chairman
Donald Holmwood Joseph Liberti
Jo Ann Litwin
Richard Zajac, Alternate
EXCUSED: Kim Bowers
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 June 20, 2006 REGULAR MEETING:
Upon a motion duly made and seconded, the reading of the minutes of the June 20, 2006 Zoning Board of Appeals meeting was unanimously waived as each Board Member had previously received copies.
Mr. Liberti made a MOTION, seconded by Mr. Holmwood, to accept the minutes of the June 20, 2006 meeting as presented.
THE VOTE ON THE MOTION BEING:
LENNARTZ AYE
HOLMWOOD AYE
LIBERTI AYE
LITWIN ABSTAINED
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
ZBA Mtg. #7 Reg. Mtg. #7 July 18, 2006 Page 2
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
HOLMWOOD AYE
LIBERTI AYE
LITWIN AYE
ZAJAC AYE
NEW BUSINESS
1. ZBA File #25-06, John Kowalski, 6158 Boston Ridge Road, Zoned A-1 (Part of Farm Lot 17, Township 9, Range 7; SBL#197.00-4-30). Requests an area variance to construct a barn addition which will result in a 1,600 sq. ft. accessory building. Building area of dwelling is 1,538 sq. ft. Accessory area shall not dominate principal use area, Section 144-5B.
APPEARANCE: Mr. John Kowalski, Petitioner, property owner
Mr. Kowalski explained to the members that he would like to achieve additional storage space for items such as lawn furniture and a grill by constructing an open lean-to. The lean-to will be attached to a newly constructed barn.
Mr. Holmwood established that the area will be used as a patio.
Mr. Zajac established that the existing garage on the property will be demolished.
The Chairman noted that the applicant will be using the lean-to mostly for patio purposes and he feels the proposal is attractive.
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
ZBA Mtg. #7 Reg. Mtg. #7 July 18, 2006 Page 3
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 Mr. Liberti to GRANT the variance request for the following reasons:
1. The benefit sought cannot be achieved in another way.
2. There will be no undesirable change to the character of the neighborhood.
3. The request is not substantial.
4. There will not be an adverse effect or impact on the physical or environmental conditions of the neighborhood or district.
5. The difficulty is self-created, but that does not preclude the granting of the variance.
THE VOTE ON THE MOTION BEING:
LENNARTZ AYE
HOLMWOOD AYE
LIBERTI AYE
LITWIN AYE
ZAJAC AYE
THE VOTE ON THE MOTION BEING UNANIMOUS, THE MOTION IS HEREBY PASSED.
2. ZBA File #26-06, Dwight Mateer, 36 Hobby Lane, Zoned R-1 (Part of Farm Lot 63, Township 9, Range 7; SBL#162.19-1-7). Requests an area variance to construct a shed with rear and side setbacks of 6 feet. Minimum rear and side setback for accessory structures on this R-1 Lot is 15 feet, Section 144-9B, Schedule of Height, Lot, Yard and Bulk Regulations.
ZBA Mtg. #7 Reg. Mtg. #7 July 18, 2006 Page 4
APPEARANCE: Mr. Dwight Mateer, Petitioner, property owner
Mr. Mateer explained to the Board his desire to have additional storage space and he presented his plan to construct a storage shed upon his property. He told the Board that his lot is shallow and locating the shed is difficult. He would like to gain full use of his backyard and does not want the shed located in the center. He believes that the proposed location will provide him with better usage of his property and will be ascetically pleasing. He submitted six (6) letters from his neighbors supporting his request for the variance. The neighbors supporting the request were as follows; Michael & Carolyn Phillips, 80 Hobby Lane, John Drum, 48 Hobby Lane, Roger & Ethel Henning, 60 Hobby Lane and Charles Vara III, 7389 E. Quaker Road. The Chairman instructed the Secretary to make these part of the permanent record.
Mr. Holmwood established that the dimensions of the lot are 115 ft. x 110 ft. He noted that this is not a lot of room.
The Chairman established that Mr. Vara is the most effected neighbor and that he supports the request. He also stated that this is an attractive back yard.
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 Mr. Zajac to GRANT the variance request for the following reasons:
ZBA Mtg. #7 Reg. Mtg. #7 July 18, 2006 Page 5
1. There will be
no undesirable change to the character of the neighborhood or a detriment to
the nearby property.
2. The benefit sought cannot be achieved in another way other than through the granting of the variance.
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 is not self-created.
THE VOTE ON THE MOTION BEING:
LENNARTZ AYE
HOLMWOOD AYE
LIBERTI AYE
LITWIN AYE
ZAJAC AYE
THE VOTE ON THE MOTION BEING UNANIMOUS, THE MOTION IS HEREBY PASSED.
3. ZBA File #27-06, Wayne Yogerst, 1 Carlton Drive, Zoned A-1 (Sub Lot 1, Map Cover 2024; SBL#196.02-2-1). Requests an area variance to continue construction on a swimming pool & deck within a required side yard. Accessory structures shall not be located within a required side yard, Section 144-24A(1)(b).
APPEARANCE: Mr. Wayne Yogerst, Petitioner, property owner
Mr. Yogerst explained that a permit had not been obtained for a swimming pool and deck located on his property. He told the Board that he has spoken to his neighbors and they have no objection to his proposal. He also told the Board that he believes the use of professional landscaping will greatly improve his property. He further noted that the location of the pool and deck is the only area it could be placed due to the slope of the property and the location of a well.
Mr. Zajac established that no permit was applied for construction of the deck and that the applicant had built the deck.
ZBA Mtg. #7 Reg. Mtg. #7 July 18, 2006 Page 6
Mr. Yogerst discussed the pool, noting that he had believed that the professional pool installer is responsible for obtaining the permit; however, he later learned, after being cited by the Town of Orchard Park Building Inspector’s office, that this is not the case.
The Chairman reaffirmed that a building permit has not yet been issued for the pool. He discussed sending a notice to the pool installer, “Cooley’s Pools” located in Hamburg, New York regarding the Town of Orchard Park ordinance requiring permits for pools.
Mr. Yogerst noted that, “I believe anyone doing construction should apply for a permit.”
The Chairman discussed the slope that exists on the property with Mr. Yogerst. Mr. Yogerst told the Board that he plans to install a railing. He also asked Mr. Yogerst to describe the landscaping that will be implemented. Mr. Yogerst noted that two pine trees are located at the corner of the property. He intends to plant additional pine trees at this location to create a row of pine trees and have a landscaped bed along the pine trees. He also plans on installing a four foot fence to close off the deck area.
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.
Mr. Zajac discussed the fact that Mr. Yogerst constructed his deck without applying for a permit. He noted that the pool was installed by Cooley’s;
ZBA Mtg. #7 Reg. Mtg. #7 July 18, 2006 Page 7
however, the deck is a completely different situation. He further noted that no neighbors were present to object to the variance.
Mr. Yogerst told the Board that he will apply for all permits that are required.
The Chairman stated that he would like the applicant to obtain all required permits before construction can be continued.
Mr. Liberti made a MOTION, seconded by Ms. Litwin to GRANT the variance request with a STIPULATION for the following reasons:
1. The request is not substantial.
2. The difficulty is self-created, however this does not preclude the granting of the variance.
3. There will be no undesirable change to the character of the neighborhood. The discussed landscaping around the deck area will improve the property.
The variance is granted with the following stipulation:
1. All required permits must be obtained.
THE VOTE ON THE MOTION BEING:
LENNARTZ AYE
HOLMWOOD AYE
LIBERTI AYE
LITWIN AYE
ZAJAC AYE
THE VOTE ON THE MOTION BEING UNANIMOUS, THE MOTION IS HEREBY PASSED WITH A STIPULATION.
4. 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.
ZBA Mtg. #7 Reg. Mtg. #7 July 18, 2006 Page 8
The Chairman stated that the applicant requested to be re-scheduled to the August 15, 2006 meeting.
There being no further business to be presented to the Board at this time, the Chairman, Robert J. Lennartz adjourned the meeting at 8:05 p.m.
DATED: August 10, 2006 Respectfully submitted,
REVIEWED: August 11, 2006 Rose Seivert, Secretary
Zoning Board of Appeals
Robert J. Lennartz, Chairman