ZBA Mtg. #10               Special Mtg. #1                October 2, 2006                Page 1

 

ZONING BOARD OF APPEALS OF THE TOWN OF ORCHARD PARK, Erie County, New York, minutes of the October 2, 2006 meeting held in the Engineering 2nd Floor Conference Public Meeting Room, S4295 South Buffalo Street.

 

MEMBERS PRESENT:      Robert Lennartz, Chairman

                                      Kim Bowers

                                       Donald Holmwood                                                                                                  

                                      Jo Ann Litwin

                                      Richard Zajac, Alternate

 

EXCUSED:                      Joseph Liberti

 

OTHERS PRESENT:         David Holland, Building Inspector

                                      J. Michael Wolf, Deputy Town Attorney

                                      Rosemary Seivert, Zoning Board Secretary

 

The Chairman called the meeting to order at 6:05 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 the minutes from the August 15, 2006 and September 13, 2006 meetings will be voted on at another time.

                                                                                                                            

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

LITWIN                                      AYE

ZAJAC                                      AYE

 

                  OLD BUSINESS

 

 

1. ZBA File #43-06, James & Mary Ann Carr, Vacant Land North Buffalo Road, Zoned B-3 (Part of Farm Lot 21, Township 10, Range 7; SBL#161.08-3-39). Requests an area variance to construct a retail building with a 33 foot front setback.  Minimum front

 

ZBA Mtg. #10               Special Mtg. #1                   October 2, 2006                Page 2

 

     setback in this B-3 Zone is 50 feet, Section 144-9B, Schedule of Height, Lot, Yard & Bulk Regulations.

 

APPEARANCE:  Mr. & Mrs. Carr, applicant

                         Mrs. Terry Meyers, LBM

 

Mrs. Meyers presented the proposed plan to the Board and explained that the lot is less than ½ acre in size.  She told the Board that it is difficult to develop the lot and meet all the Town regulations with regards to setbacks for the rear, the front and the side.  She further told the Board that the parking space requirement has been met.  The building was moved further back; this allowed the parking spaces to be located behind the building.  The asphalt area at the site was reduced, resulting in an increased in the green space area.  She told the Board that the site will be well landscaped and that the number of trees proposed exceeds what is required.

 

Mrs. Meyers submitted a petition signed by 28 neighbors supporting the variance request.  She told the Board that she believes the project will fit into the character of the neighborhood.  She further explained that reducing the size of the building will create a financial hardship for Mr. & Mrs. Carr. 

 

The Chairman established that no other variances have been sought for this property. Mrs. Meyers noted that the area neighbors have voiced complaints to her of the property being used as a cut-through; therefore, the applicant will plant landscaping at the rear of the property to help control this.  Mrs. Meyers also noted that this is not a high volume business and she does not feel traffic safety will be an issue.  She further noted that a variance will not be sought for the signage, as it will be code compliant.

 

The Chairman then asked if there was anyone in the audience who would wish to speak in favor of granting the variance.

 

 IN FAVOR:

 

Mr. Jack Bertsch

3895 North Buffalo Road

Orchard Park, NY  14127

 

Mr. Bertsch noted that he owns property near the site of the proposed project.  He told the Board that he supports the variance request.  He further stated that he is associated with the Orchard Park Economic Development Committee, and that on their behalf, he would like the Board to vote in favor of this request.

 

Mr. Ray Perryman, Owner

Village Fireplace & Stove

3726 North Buffalo Road

Orchard Park, NY  14127

 

 

ZBA Mtg. #10               Special Mtg. #1                   October 2, 2006                Page 3

 

Mr. Perryman asked if the sign will be placed on the building or freestanding on the lawn.  He discussed the placement of the proposed tree and sign, noting that he does not want to loose the visual site of his business.  Mrs. Meyers stated that they will push the tree back. She also stated that there will be no delivery trucks used as a sign.  Mr. Perryman stated that he is 100% in favor of the project.

 

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 reviewed the elevation and established that the proposed building will be a one-story building.

 

Ms. Bowers 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

LITWIN                                      AYE

ZAJAC                                      AYE

 

THE VOTE ON THE MOTION BEING UNANIMOUS, THE MOTION IS PASSED.

 

Ms. Litwin made a MOTION, seconded by Mr. Holmwood to GRANT the variance request for the following reasons:

 

1.  The benefit sought cannot be applied to the applicant in any other way.

 

2.  There will be no undesirable change to the character of the neighborhood.

 

3.  The request is not substantial.

 

4. There will be no environmental impact; it will improve the neighborhood and remove the blank lot space.

 

 

ZBA Mtg. #10               Special Mtg. #1                   October 2, 2006                Page 4

 

THE VOTE ON THE MOTION BEING:

 

LENNARTZ                      AYE

BOWERS                         AYE

HOLMWOOD                             AYE

LITWIN                                      AYE

ZAJAC                                      AYE

 

THE VOTE ON THE MOTION BEING UNANIMOUS, THE MOTION IS PASSED.

 

     Mrs. Meyers and Mr. and Mrs. Carr thanked the Board for their time and assistance with the project. 

                       

There being no further business to be presented to the Board at this time, the Chairman adjourned the meeting at 6:20 p.m.

 

 

DATED:             October 25, 2006                             Respectfully submitted,

REVIEWED:         October 26, 2006                           Rose Seivert, Secretary

                                                                              Zoning Board of Appeals

                                                                     

 

 

 

Robert J. Lennartz, Chairman