ZBA Mtg. #5 Reg. Mtg. #5 May 16, 2006 Page 1
ZONING BOARD OF APPEALS OF THE TOWN OF ORCHARD PARK, Erie County, New York, minutes of the May 16, 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 7:30 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.
APPROVAL OF THE MINUTES OF THE MARCH 21, 2006 and APRIL 18, 2006 REGULAR MEETINGS:
A motion was made by Ms. Bowers, seconded Ms. Litwin, to approve the minutes from the March 21, 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.
A motion was made by Ms. Litwin, seconded Mr. Holmwood, to approve the minutes from the April 18, 2006 Zoning Board of Appeals meeting with the following corrections; a blank space was left where Alternate Board member Richard Zajac voted in several cases. His vote was “AYE” in each of the instances and shall be recorded as such; on page one it is written “Old Business”, it should state “New Business”; further, the Building Inspector
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present at the meeting was Andrew Geist, not Dave Holland. The secretary will correct the minutes as noted.
THE VOTE ON THE RESOLUTION BEING:
LENNARTZ AYE
BOWERS AYE
HOLMWOOD AYE
LIBERTI Abstained
LITWIN AYE
ZAJAC AYE
THE VOTE ON THE RESOLUTION BEING UNANIMOUS, THE RESOLUTION WAS DULY ADOPTED WITH CORRECTIONS AS NOTED.
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 #17-06, Fellowship Wesleyan Church, 1645 Southwestern Blvd., Zoned R-2 (Part of Farm Lot 401, Township 10, Range 7; SBL#153.08-2-5.2). Requests an Area Variance to install two face signs with 40 square feet of sign area and one face sign with 56 square feet of sign area. These service organization identification signs shall not exceed the maximum size allowances for signs located in this R-2 Zone, Section 144-35J.
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APPEARANCE: Dawn Gaczewski, representing “Adworks”
Robert Baldauff, Local Board of Administration
Ms. Gaczewski explained that the request for the commercial sign in a residential zone is to alleviate safety concerns that exist with individuals that do not recognize the location and identity of the Wesleyan Church building. Motorists traveling on Southwestern Boulevard brake and barely have an opportunity to pull into the church driveway once they realize where it is.
The members’ questions established that the smaller signage presently located on the grass area will remain. The discussion concluded that it is difficult to find the church; you would not know it was there if you were not told it was and the building does not resemble a church. Building Inspector David Holland confirmed that if this area was zoned for business a variance would not be needed. The members noted that the request is reasonable.
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. Liberti, 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
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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 Ms. Bowers, to GRANT the variance request for the following reasons:
1. There will be not be a negative impact created on the neighborhood.
2. The hardship was not self-created.
3. There is no other way to secure the solution to the situation.
4. The request is not substantial.
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.
2. ZBA File #18-06, Wayne & Mary Scheible, 5525 Berg Road, Zoned R-3 (Part of Farm Lot 449, Township 10, Range 7, SBL#152.09-5-1). Requests an Area Variance to install a 6 foot high fence in a side street yard. Maximum height of a fence in a front or side street yard is 3 feet, Section 144-22A(1).
APPEARANCE: Mr. & Mrs. Scheible, property owners and petitioners
Mr. Scheible explained their desire to install a 6 ft. fence for privacy. The previous trees and shrubbery died and had not worked out well for privacy. He told the Board that the fence will not create a hazard for the approaching traffic with site distance concerns.
The members’ questions established that the lattice work will not be used with the proposed 6 foot stockade fence. The request for a 6 ft. fence is based on what is available at local suppliers. Mr. Scheible further stated that a 4 ft. fence will not provide the privacy that they are trying to achieve. Mr. Scheible
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submitted letters of support from four neighbors; they were, Ms. Helen Jenz of 5471 Berg Road, Mrs. Dorothy Melnyk of 5531 Berg Road, Ms. Nancy Kreay of 205 Berg Road and Mr. & Mrs. Farr of 196 Bielak Road.
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. Bowers made a MOTION, seconded by Mr. Liberti, to GRANT the variance request for the following reasons:
1. There will be no undesirable change in the character of the neighborhood.
2. The benefit cannot be achieved in another way.
3. The request is not substantial.
4. 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.
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3. ZBA File #19-06, John Ricotta, 3545 North Buffalo Road, Zoned B-3 (Part of Farm Lot 14, Township 10, Range 7, SBL#161.08-2-18). Requests a Use Variance to allow outside seating during summer months. On 9/16/03 a Use Variance stipulated that there be no outside seating or tables. (ZBA File #39-03)
APPEARANCE: Mr. John Ricotta, petitioner and property owner.
Mr. Ricotta explained to the Board that he desires to provide outdoor seating at the rear of the facility for his customers to consume ice cream from May 1, 2006 through September 30, 2006.
Ms. Bowers would like it stipulated that the outdoor eating area be allowed at the rear of the facility only.
Mr. Ricotta noted that he had not remembered that he had agreed to not have outdoor seating at the 9/16/03 meeting. Also, at that time he had not realized customers would desire to consume and enjoy items while sitting outside. He noted that he would like to accommodate what the public desires.
The Chairman discussed Mr. Ricotta’s agreement from the 2003 meeting regarding not having outdoor seating. He asked why Mr. Ricotta had not come to the Building Inspector for a seasonal permit. Mr. Ricotta noted that he had not realized that he needed a permit. He told the Board that it was never his intention to not follow procedure and that is why he is appearing before the Board with his request.
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.
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The Secretary stated that no communications have been received.
Ms. Litwin made a motion, seconded by Mr. Liberti, 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.
Ms. Litwin made a MOTION, seconded by Ms. Bowers, to GRANT the use variance with a STIPULATION for the following reasons:
1. The hardship is not unique; it will be a benefit to the neighborhood.
2. The request will not alter the character of the neighborhood.
3. The benefit cannot be achieved in another way.
4. The hardship was not self-created.
5. The petitioner is aware that he must make his request to the Planning Board for outdoor seating on a yearly basis.
The variance is granted with the following stipulation:
1. The outdoor seating is allowed from May 1, 2006 through September 30, 2006.
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 WITH A STIPULATION.
4. ZBA File #20-06, Peter Liberatore Sr., Vacant Land Stonehenge Drive (Sub Lot #’s 4 & 5, Map Cover 2435; SBL#173.07-1-25.1). Requests an Area Variance to allow (2) contiguous lots with minimum street access. Two lots with minimum street access shall not be contiguous, Section 144-22B.
APPEARANCE: Jay Pohlman, Attorney
Mr. Pohlman distributed site plans to the Board for their review, noting and that he met with Town Engineer Wayne Bieler regarding the proposal. The request to have two contiguous lots is to preserve the opportunity to develop the “Barnstable Lane” portion of the Stonehenge subdivision. The Chairman verified that a letter was sent authorizing Mr. Pohlman to represent Mr. Liberatore in this appeal.
Ms. Bowers reported that she had spoken with one of the neighbors, and that they had no problem with the request before the Board.
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. Liberti, 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:
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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 area variance for the following reasons:
1. There will be 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. The difficulty, although self-created, does not preclude the granting of the variance.
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 8:20 p.m.
DATED: June 5, 2006 Respectfully submitted,
REVIEWED: June 7, 2006 Rosemary Seivert, Secretary
Zoning Board of Appeals
Robert J. Lennartz, Chairman