ZBA Mtg. #12 Regular Mtg. #11 November 21, 2006 Page 1
ZONING BOARD OF APPEALS OF THE TOWN OF ORCHARD PARK, Erie County, New York, minutes of the November 21, 2006 meeting held in the Basement Public Meeting Room, S4295 South Buffalo Street.
MEMBERS PRESENT: Jo Ann Litwin, Acting Chairwoman
Kim Bowers
Donald Holmwood
Joseph Liberti Richard Zajac, Alternate
EXCUSED: Robert Lennartz, Chairman
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 Acting Chairwoman called the meeting to order at 7:31 P.M., stating that if anyone appearing before the Board is 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 OCTOBER 26, 2006 REGULAR MEETING:
Upon a motion duly made and seconded, the reading of the minutes of the October 26, 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. Liberti, to ACCEPT the minutes of the October 26, 2006 meeting as presented.
THE VOTE ON THE MOTION BEING:
BOWERS AYE
HOLMWOOD AYE
LIBERTI AYE
LITWIN AYE
ZAJAC AYE
THE VOTE IS UNANIMOUSLY PASSED.
The Acting Chairwoman 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.
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The Acting Chairwoman stated that site inspections of all cases presented tonight were
made by:
BOWERS AYE
HOLMWOOD AYE
LIBERTI AYE
LITWIN AYE
ZAJAC AYE
OLD BUSINESS
1. ZBA File #42-06, Philip Silvestri for Lebex Holdings, LLC., Vacant Land East side of Taylor Road, Zoned R-3 (Part of Farm Lot 24, Township 9, Range 7; SBL#161.00-3-26). Requesting area variances to construct a townhouse project. First, to reduce the 75 foot required building setback to property lines, Section 144-9(B), Schedule of Height, Lot, Yard & Bulk Regulations. Second, to reduce the setback to the right-of-way of the private roads and the distance between buildings. Minimum setback from the right-of-way of a private road is 50 feet. Minimum distance between buildings is 60 feet, Section 144-46C(4)(a). Third, to reduce the setback to driveways and parking lots. Minimum setback to a driveway or parking lot is 25 feet from the front of a building, Section 144-46C(4)(6). Note: This case was tabled by the Board at the October 26, 2006 meeting, pending the receipt of further information requested by the Board.
The Acting Chairwoman stated that the applicant requests to be removed from tonight’s agenda and re-scheduled to the December 19, 2006 meeting.
NEW BUSINESS
1. ZBA File #44-06, Peter Krog, 6326 Benning Road, Zoned A-1 (Part of Farm Lot 66, Township 9, Range 7; SBL#198.00-2-3). Requests an area variance to construct a detached garage within a front yard. No accessory structure shall be located within a front yard, Section 144-24A(1)(b).
APPEARANCE: Mr. Pete Krog, Applicant and property owner
Mr. Krog presented and explained plans for a proposed detached garage. He told the Board that he would like to store various equipment in the proposed garage that he will use in maintaining his 40-acre property. He further told the Board that the proposed garage will match the existing home.
The Acting Chairwoman then asked if there was anyone in the audience who would wish to speak in favor of granting the variance.
(Twice)
NO RESPONSE
The Acting Chairwoman then asked if there was anyone in the audience who would wish to speak against the granting of the variance.
ZBA Mtg. #12 Regular Mtg. #11 November 21, 2006 Page 3
(Twice)
NO RESPONSE
The Acting Chairwoman 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. Holmwood 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; the detached garage will be a compliment to the house that is currently being built.
2. The benefit sought cannot be achieved in another way.
3. The request is not substantial.
4. There will be no adverse effect or impact on the physical or environmental conditions.
THE VOTE ON THE MOTION BEING:
BOWERS AYE
HOLMWOOD AYE
LIBERTI AYE
LITWIN AYE
ZAJAC AYE
THE VOTE ON THE MOTION BEING UNANIMOUS, THE MOTION IS PASSED.
2. ZBA File #45-06, Carl L. Rizzo, 135 Windom Avenue, Zoned R-3 (Sub Lots 14 -17, Map Cover 1293; SBL#151.16-5-24). Requests an area variance to allow a shed with a 5-foot rear setback. Minimum rear setback for an accessory structure in this R-3 Zone is 10 feet, Section 144-9B, Schedule of Height, Lot, Yard & Bulk Regulations & Section 144-24A(1)(d).
APPEARANCE: Mr. Carl Rizzo, Applicant and property owner
Mr. Rizzo stated that he purchased an Amish constructed storage shed and did not realize that the Town had setback requirements for its placement. He requests that the Board grant a variance for a rear setback of 5 feet.
The Board members’ questions established that the existing fencing will remain and that landscaping will be planted along the fence. It was further established that if the shed is moved forward it will be located near the middle of Mr. Rizzo’s backyard and that it will be visible to neighbors.
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The Acting Chairwoman then asked if there was anyone in the audience who would wish to speak in favor of granting the variance.
(Twice)
NO RESPONSE
The Acting Chairwoman then asked if there was anyone in the audience who would wish to speak against the granting of the variance.
(Twice)
NO RESPONSE
The Acting Chairwoman 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. Bowers to GRANT the variance request for the following reasons:
1. There will be no undesirable change in 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.
THE VOTE ON THE MOTION BEING:
BOWERS AYE
HOLMWOOD AYE
LIBERTI AYE
LITWIN AYE
ZAJAC AYE
THE VOTE ON THE MOTION BEING UNANIMOUS, THE MOTION IS PASSED.
3. ZBA File #46-06, Mercy Ambulatory Care Center, 3669 Southwestern Blvd., Zoned I-1 (Part of Farm Lot 32, Township 9, Range 7; SBL#161.00-5-53). Requests an area variance to construct a canopy type covered entrance for ambulance traffic. No part of a canopy shall extend above the face of the building, no part of a canopy shall extend more than 3 feet from a building, Section 144-5B Definitions.
APPEARANCE: Robert Hawks, Director of Facilities & Engineering
Mr. Hawks presented a site plan to the Board and explained that improvements directed by the New York State Department of Health to the interior of the building have been completed; however, NYSDOH guidelines require that the center must
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accept ambulance traffic and install a covered entranceway if the “MAC” Center desires to continue to operate. He told the Board that the canopy will face the 219 expressway, on the east side of the building.
Mr. Zajac established that the canopy will be a “hunter green” color. Mr. Hawks told the Board that this is the center’s theme color.
Mr. Holmwood established that clear plastic sides will exist, in conjunction, with the canopy.
The Acting Chairwoman then asked if there was anyone in the audience who would
wish to speak in favor of granting the variance.
(Twice)
NO RESPONSE
The Acting Chairwoman then asked if there was anyone in the audience who would wish to speak against the granting of the variance.
(Twice)
NO RESPONSE
The Acting Chairwoman 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. 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:
BOWERS AYE
HOLMWOOD AYE
LIBERTI AYE
LITWIN AYE
ZAJAC AYE
THE VOTE ON THE MOTION BEING UNANIMOUS, THE MOTION IS PASSED.
Mr. Zajac made a MOTION, seconded by Mr. Holmwood to GRANT the variance request for the following reasons:
1. There will not be an undesirable change to the character of the neighborhood.
2. The benefit cannot be sought in another way.
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3. The request is not substantial.
4. There will be no adverse effect or impact on the physical or environmental conditions of the neighborhood.
THE VOTE ON THE MOTION BEING:
BOWERS AYE
HOLMWOOD AYE
LIBERTI AYE
LITWIN AYE
ZAJAC AYE
THE VOTE ON THE MOTION BEING UNANIMOUS, THE MOTION IS PASSED.
4. ZBA File #47-06, Joseph Beale, 5328 Armor Duells Road, Zoned R-2 (Part of Farm Lot 37, Township 9, Range 7; SBL#184.05-1-19.2). Requests an area variance to construct a shed within a front yard. No accessory structure shall be located within a front yard, Section 144-24A(1)(b).
APPEARANCE: Mr. Joseph Beale, Applicant and property owner
Mr. Beale told the members that he recently purchased an Amish constructed storage shed and that he is restricted in placing the shed on his property due to its grading. He proposes to locate the shed within a cluster of trees to diminish its view and will plant landscaping to further conceal the shed.
Ms. Bowers discussed the turn-around areas and established that the shed will be in the front of this area and not be visible.
Mr. Liberti established that Mr. Beale spoke to his adjacent neighbors (Mr. Kruska and Mr. Smith) and he told the Board that they expressed no objections to his variance request.
Mr. Holmwood noted that, in his opinion, it would be difficult to locate the proposed shed elsewhere on the property; he believes that this is the only level location on the site.
Mr. Zajac reviewed the presented photos to verify the location of the proposed storage shed.
The Acting Chairwoman then asked if there was anyone in the audience who would
wish to speak in favor of granting the variance.
(Twice)
NO RESPONSE
The Acting Chairwoman then asked if there was anyone in the audience who would wish to speak against the granting of the variance.
ZBA Mtg. #12 Regular Mtg. #11 November 21, 2006 Page 7
(Twice)
NO RESPONSE
The Acting Chairwoman 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. Zajac 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; the storage shed will be hidden by the trees and the landscaping the applicant intends to plant.
2. The benefit sought cannot be achieved in another way, based on the topography of the property.
3. The request is not substantial.
4. There will be no adverse effect or impact on the physical or environmental conditions of the neighborhood.
The variance is granted with the following stipulation:
1. The trees are to be maintained and “guarded” around the proposed location of the shed.
THE VOTE ON THE MOTION BEING:
BOWERS AYE
HOLMWOOD AYE
LIBERTI AYE
LITWIN AYE
ZAJAC AYE
THE VOTE ON THE MOTION BEING UNANIMOUS, THE MOTION IS PASSED WITH A STIPULATION.
5. ZBA File #48-06, Mark & Rita Cudney, 5951 Webster Road, Zoned R-3 (Sub Lot 4, Map Cover 1808; SBL#161.11-1-11). 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. Mark Cudney, Applicants and property owners
Mr. Cudney explained to the Board that he had erroneously started to construct a 6-ft. fence on his property without a permit; after obtaining the necessary permit Building Inspector Andrew Geist notified him that the permit was issued in error,
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as his property is located on a corner lot. (The ordinance does not allow a 6-foot high fence to be erected.) He told the Board that when the Building Inspector requested him to cease construction of the fence he did so. Mr. Cudney requests that the Board grant a variance so that he may continue to erect the 6-ft. high fence; he explained that it will be costly to remove the installed portion. He further explained that a 3-ft. high fence will not provide the privacy or safety that he is seeking in his pool area. He feels the proposed 6-ft. fence will be ascetically pleasing and be well maintained. He told the Board that his neighbor at the rear of his property had expressed concerns regarding the fence; however, these have been resolved. Mr. Cudney noted that he pursued other alternatives, such as the planting of large vegetation; however this, also, would not be code compliant.
Mr. Liberti established that Mr. Cudney would like to continue erecting the fence at the point where he had been asked to stop.
Ms. Bowers discussed an existing fence located on the property line with Mr. Cudney. He told the Board that this fence belongs to one of his neighbor and that it runs level with the fence that he desires to continue. The fences are level due to the grading of the property. Mr. Cudney, again, noted that his neighbor that voiced concerns regarding the fence no longer objects to the request. He also stated that he has no plans, at the present time, to erect a fence on the side of his home where the driveway is located; a line of trees exists here. The other side of the property has a vinyl fence that Mr. Cudney erected to provide privacy for an existing patio area.
The Acting Chairwoman then asked if there was anyone in the audience who would wish to speak in favor of granting the variance.
PROPONENT:
Mrs. Rita Cudney
5951 Webster Road
Orchard Park, NY 14127
Mrs. Cudney noted that she is in favor the granting of the variance.
The Acting Chairwoman then asked if there was anyone in the audience who would wish to speak against the granting of the variance.
(Twice)
NO RESPONSE
The Acting Chairwoman 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:
ZBA Mtg. #12 Regular Mtg. #11 November 21, 2006 Page 9
1. There will be no undesirable change in the character of the neighborhood or a detriment to nearby properties created.
2. The benefit sought cannot be achieved in another way.
3. The request is not substantial.
4. There will be no adverse effect or impact on the physical or environmental conditions of the neighborhood or district.
THE VOTE ON THE MOTION BEING:
BOWERS AYE
HOLMWOOD AYE
LIBERTI AYE
LITWIN AYE
ZAJAC AYE
THE VOTE ON THE MOTION BEING UNANIMOUS, THE MOTION IS PASSED.
There being no further business to be presented to the Board at this time, the Chairman adjourned the meeting at 8:03 p.m.
DATED: November 22, 2006 Respectfully submitted,
REVIEWED: November 22, 2006 Rose Seivert, Secretary
Zoning Board of Appeals
Jo Ann Litwin, Acting Chairwoman