ZBA Mtg. #6 Reg. Mtg. #6 June 20, 2006 Page 1
ZONING BOARD OF APPEALS OF THE TOWN OF ORCHARD PARK, Erie County, New York, minutes of the June 20, 2006 meeting held in the Basement Public Meeting Room, S4295 South Buffalo Street.
MEMBERS PRESENT: Robert Lennartz, Chairman
Kim Bowers
Donald Holmwood Joseph Liberti
Richard Zajac, Alternate
EXCUSED: Jo Ann Litwin
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 7:30 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.
The Chairman noted that Ms. Litwin was not present due to the passing of her father. The Board expresses their heartfelt sympathy to Ms. Litwin.
APPROVAL OF THE MINUTES OF THE MAY 16, 2006 REGULAR MEETING:
Upon a motion duly made and seconded, the reading of the minutes of the May 16, 2006 Zoning Board of Appeals meeting was unanimously waived as each Board Member had previously received copies.
Ms. Bowers made a MOTION, seconded by Mr. Holmwood, to accept the minutes of the May 16, 2006 meeting as presented.
THE VOTE ON THE MOTION BEING:
LENNARTZ AYE
BOWERS AYE
HOLMWOOD AYE
LIBERTI AYE
ZAJAC AYE
THE VOTE IS UNANIMOUSLY PASSED.
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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
ZAJAC AYE
NEW BUSINESS
1. ZBA File #21-06, I.B.E.W. Local 97, 3619 California Road, Zoned I-1 (Part of Farm Lot 30, Township 10, Range 7; SBL#161.05-4-6). Request an area variance to install a free standing sign with 28.3 sq. ft. of sign area per side. Maximum sign area for this freestanding sign is 20 sq. ft. per side, Section 144-38B(2).
APPEARANCE: Ms. Morgan Kiefhaler, representing Local 97
The Chairman verified that a letter had been sent authorizing Ms. Kiefhaler to represent the applicant in this appeal.
Ms. Kiefhaler presented plans for a proposed sign to aid in locating the building. She told the Board that Local 97 is a State wide organization that is required to have certain verbiage on their identification sign. Two additional lines mandated by their organization make the sign larger than what is allowed by the Town ordinance. She noted that the sign will be enclosed, illuminated, maintenance free and its placement will not interfere with motorist’s vision.
Mr. Liberti established that the existing sign on the site will be removed.
The Chairman noted that he feels this is a minor request.
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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 Board members discussed the request and they concluded the proposed sign was not a significant request.
Mr. Liberti 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
ZAJAC 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:
ZBA Mtg. #6 Reg. Mtg. #6 June 20, 2006 Page 4
THE VOTE ON THE MOTION BEING:
LENNARTZ AYE
BOWERS AYE
HOLMWOOD AYE
LIBERTI AYE
ZAJAC AYE
THE VOTE ON THE MOTION BEING UNANIMOUS, THE MOTION IS HEREBY PASSED.
2. ZBA File #22-06, William E. Benn, 3764 North Buffalo Road, Zoned B-3 (Part of Farm Lot 16, Township 9, Range 7; SBL#162.09-1-6.1). Requests an area variance to install a free standing sign with a 5 foot front setback. Minimum front setback for this freestanding sign is 10 feet, Section 144-38B(1).
APPEARANCE: Mr. William Benn, property owner and applicant
Mr. Benn requests that he be allowed to locate a freestanding sign at the front of his business closer to the lot line than allowed. He told the Board that if he complies with the ordinance the sign will be close to his building (almost on top).
Mr. Holmwood verified with the applicant that the proposed sign size is complies with the code.
Mr. Liberti established that the sign will be illuminated until 9:00 p.m. each day. It was also established that the proposed sign will be placed in line with other businesses’ signs.
Ms. Bowers established that signage on the front of the building will be removed. However, the sign on the side of the building will remain.
The Chairman then asked if there was anyone in the audience who would wish to speak in favor of granting the variance.
(Twice)
ZBA Mtg. #6 Reg. Mtg. #6 June 20, 2006 Page 5
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 discussed with Building Inspector Holland the location of other signage in the area and verified that the proposed sign will be placed in line with the other nearby signs. Mr. Holland told the Board the sign will actually be located further back than the existing signage at the other businesses.
Ms. Bowers made a MOTION, seconded by Mr. Zajac 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
ZAJAC AYE
THE VOTE ON THE MOTION BEING UNANIMOUS, A NEGATIVE DECLARATION IS MADE UNDER SEQR.
Ms. Bowers made a MOTION, seconded by Mr. Liberti, to GRANT the variance request with a STIPULATION for the following reasons:
1. There will be no undesirable change to the character of the neighborhood or a detriment to the nearby area.
2. The benefit sought cannot be achieved in another way.
3. The request is not substantial.
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4. There will be no adverse effect or impact on the physical or environmental conditions of the neighborhood or the district.
The variance is granted with the following stipulation:
1. The sign on the front of the building is to be removed.
THE VOTE ON THE MOTION BEING:
LENNARTZ AYE
BOWERS AYE
HOLMWOOD AYE
LIBERTI AYE
ZAJAC AYE
THE VOTE ON THE MOTION BEING UNANIMOUS, THE MOTION IS HEREBY PASSED WITH A STIPULATION.
3. ZBA File #23-06, Kathy Rupert, 3623 Abbott Road, Zoned R-3 (Sub Lot #18, Map Cover 2041; SBL#161.05-2-3). Requests an area variance to construct a dwelling unit addition with a side street setback of 20 feet. Minimum side street setback for this R-3 lot is 30 feet, Section 144-9B, Schedule of Height, Lot Yard & Bulk Regulations.
APPEARANCE: Mrs. Kathy Rupert, property owner and applicant
Mr. Dean Sutton, Architect
Mr. Sutton presented plans for the proposed project and explained that Mrs. Rupert desires to improve her property and construct an addition to her existing home for her mother to reside. This will be an independent apartment that will be connected to the existing home with a common room (sun room).
Mr. Sutton explained the uniqueness of the property noting that the site is located on a corner lot (Abbott Road and Brookview Terrace). Two driveways exist on the property and area traffic uses it as a thorough fare. He is proposing to eliminate the driveway on Abbott Road and have one driveway. Mr. Sutton believes the presented plan is the best solution for the property and that it will be safer for Mrs. Rupert and her mother.
Mr. Sutton told the Board that Mrs. Rupert purchased the property eight years ago and that the problem is not self-created. Mrs. Rupert is trying to address the personal circumstances she faces. The proposed plan will create a three car garage, with space to park a car in front of the garage.
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No obstruction will occur to the legal roadway or sidewalk. The variance request is for an infringement of 10 feet on the side yard setback; the other side yard and rear yard setbacks are code compliant. He does not believe a negative impact will be created to the neighborhood; he believes it will compliment the neighborhood.
Mr. Zajac established that the addition will match the existing home. Mr. Sutton stated that they will blend architecturally and not look like two houses that have been connected.
Ms. Bowers discussed the existing driveways and asked for clarification of their locations on the site plan. She established that the property will be replanted with a lawn in the area where the driveway is removed.
The Chairman and Mr. Holmwood both noted that they feel this is a wonderful improvement to the 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.
The Chairman noted that this is a nice upgrade to the area. He also noted that the present zoning allows two-family residences; the Board is not changing the zoning. This is purely a setback matter.
Mr. Zajac made a MOTION, seconded by Mr. Holmwood, to GRANT the variance request for the following reasons:
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of the neighborhood.
4. There will be no adverse effect or impact on the physical or environmental conditions of the neighborhood.
THE VOTE ON THE MOTION BEING:
LENNARTZ AYE
BOWERS AYE
HOLMWOOD AYE
LIBERTI AYE
ZAJAC AYE
THE VOTE ON THE MOTION BEING UNANIMOUS, THE MOTION IS HEREBY PASSED.
4. ZBA File #24-06, McDonald’s USA L.L.C., 3232 Orchard Park Road, Zoned B-2 (Part of Farm Lot 458, Township 10, Range 7; SBL#152.16-2-33.1). Requests an area variance to allow vehicle parking in the front yard of a proposed restaurant building. Vehicle parking is prohibited in the front yard in this B-2 Zone, Section 144-29A(4).
APPEARANCE: Mr. Dan Blamowski, FRA Engineering
The Chairman verified that a letter had been sent authorizing Mr. Blamowski to represent the applicant in this appeal.
Mr. Blamowski presented and explained the proposed plans to improve and update the existing McDonald’s restaurant. He told the Board that the current front yard parking setback is 10 feet. The proposed building layout will require 23 feet. Additional green space area will be created at the site, with attractive landscaping planted at the front area.
The Chairman established that the number of front yard parking spaces will be reduced. Mr. Blamowski told the Board that the McDonald’s Corporation is redeveloping several existing locations in the Western New York area and that he believes the proposed plan will benefit the community.
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The Board discussed the proposed project with the applicant. It was established that the size of the proposed building will be similar to the existing building. The proposed parking and traffic pattern will improve the site. It was further established that the existing building will be demolished to construct a state-of-the-art facility.
The Chairman discussed further the ingress/egress of the site. He stated that making a right turn out of the site is not a problem; however, making a left turn has been hazardous. The members agree that the proposed plan to have one way in and one way out will improve the traffic pattern.
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 he would like the Planning Board to review, in depth, the ingress/egress traffic safety factor involving Orchard Park Road at the site.
Mr. Liberti 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
ZBA Mtg. #6 Reg. Mtg. #6 June 20, 2006 Page 10
LIBERTI AYE
ZAJAC AYE
THE VOTE ON THE MOTION BEING UNANIMOUS, A NEGATIVE DECLARATION IS MADE UNDER SEQR.
Mr. Holmwood made a MOTION, seconded by Ms. Bowers, to GRANT the variance request for the following reasons:
THE VOTE ON THE MOTION BEING:
LENNARTZ AYE
BOWERS AYE
HOLMWOOD AYE
LIBERTI AYE
ZAJAC 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 8:13 p.m.
DATED: July 7, 2006 Respectfully submitted,
REVIEWED: July 11, 2006 Rose Seivert, Secretary
Zoning Board of Appeals
Robert J. Lennartz, Chairman