ZONING BOARD OF APPEALS OF THE TOWN OF ORCHARD PARK, Erie County, New York, minutes of the December 18, 2007 meeting held in the Basement Public Meeting Room, S4295 South Buffalo Street.
MEMBERS PRESENT: Jo Ann Litwin, Acting Chairwoman
Donald Holmwood
Joseph Liberti
Richard Zajac
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 NOVEMBER 20, 2007 REGULAR MEETING:
The Acting Chairwoman stated that the minutes were not available and that they will be voted on at the January 15, 2008 meeting.
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.
The Acting Chairwoman stated that site inspections of all cases presented tonight were made by:
HOLMWOOD AYE AYE
LIBERTI AYE AYE
LITWIN AYE AYE
ZAJAC AYE AYE
OLD BUSINESS
1. ZBA File #49-07, Patrick Callahan, 7355 E. Quaker Road, Zoned R-1 (Part of Farm Lot 63, Township 9, Range 7; SBL#162.19-1-3.2). Requests an area variance to construct a 50-ft. x 40-ft. garage/storage building within the front yard. No accessory structure shall be located within the front yard, Section 144-24A(1)(b). The Board tabled their review of this case at the November 20, 2007 meeting requesting that the applicant appear before the Board.
APPEARANCE: Mr. Patrick Callahan, applicant and property owner
Acting Chairwoman Litwin stated that Mr. Callahan was asked to attend the meeting to address, in person, the Board’s questions and hear the concerns expressed by his neighbors regarding his request.
Mr. Callahan told the Board that he had been unable to attend the November meeting and he explained to the Board that he believes that the location he is proposing for the garage will be the least obtrusive. He noted that he could place the garage at the side of his home without a variance; however, the topography there would require a substantial retaining wall. Mr. Callahan stated that if the variance is granted he would plant 6 to 8-foot pine trees to buffer the area from his neighbors.
Mr. Holmwood established that Mr. Callahan had not spoken with his neighbors. Mr. Callahan stated he understands the neighbors have concerns that include noise. He told the Board that his home tends to be a gathering zone with his children’s teenage friends. However, he is home most of the time and he does not feel noise will be an issue.
No other members had questions for Mr. Callahan.
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 Chairman then asked if there was anyone in the audience who would wish to speak against the granting of the variance.
OPPONENT:
Mr. John Hansen
21 Henning Drive
Orchard Park, NY 14127
Mr. Hansen stated that he has concerns with viewing the garage from his property. He asked Mr. Callahan to discuss his plans to screen the proposed garage. Mr. Callahan stated that he is open to suggestions from his neighbors as to where to locate pine trees. He also told Mr. Hansen that the garage will store four-personal vehicles.
Mr. Tom Janicki
7309 E. Quaker St.
Orchard Park, NY 14127
Mr. Janicki is concerned about the height of the structure. He asked why Mr. Callahan did not get a permit prior to work that was performed at his property; however Mr. Callahan explained to Mr. Janicki that he did not need a permit to put in a foundation, noting that the structure was not put in. He further explained that the site work performed at the side of the home included a retaining wall with a parking area that left open the potential of putting in the garage if the variance request is not granted.
Mr. Don Kline
7301 E. Quaker St.
Orchard Park, NY 14127
Mr. Kline stated that he feels the size of the proposed garage does not fit in a residential area. He questions what the garage will be used for if the home is sold. Mr. Callahan told Mr. Kline that the proposed size of the garage is proportional to the size of his home and that it complies with the Town Code.
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.
The Acting Chairwoman stated that the Board has listened to the concerns of the neighbors and these concerns have been taken into consideration. However, no matter what is decided, there will be a 40-ft. x 50-ft. garage constructed by Mr. Callahan somewhere upon his property; the Board cannot act on the size of the building as the Town Code allows the size that is proposed. Acting Chairman Litwin feels that it is the Board’s job to decide what is less obtrusive; having the garage placed in the front yard, or placed at the side of the home. She noted that stipulations can be included with the Board’s ruling involving landscaping requirements for screening of the building to buffer the neighbors view. If the property is sold in the future the current zoning laws and the police will address violations that may occur at the site.
The Board members concluded that the proposed location in the front yard is less obtrusive.
Acting Chairman Litwin made a MOTION, seconded by Mr. Holmwood, to GRANT the variance request with a STIPULATION as follows:
1. There will be no undesirable change in the character of the neighborhood or a detriment to nearby properties created.
2. The benefit can be achieved in some other way; however the option will be more obtrusive.
3. There will be no economic or physical effect.
4. The difficulty is self-created; however that does not preclude the granting of the variance.
This variance is granted with the following stipulation:
1. On the backside of the garage, pine trees with a minimum height of 5-feet are to be planted to screen the neighbors. If the trees die, they are to be replaced; landscaping is to be planted to make the area less noticeable to the neighbors.
ON THE QUESTION:
Mr. Zajac asked if the property were to change hands if the Board could require the new property owner to replace trees that had died. Acting Chairwoman Litwin noted that the Board could not extend the stipulation to the new property owner.
THE VOTE ON THE MOTION BEING:
HOLMWOOD AYE
LIBERTI AYE
LITWIN AYE
ZAJAC AYE
THE MOTION IS UNANIMOUSLY PASSED WITH A STIPULATION.
NEW BUSINESS
1. ZBA File #46-07, Buffalo Spinal Institute, 4180 Abbott Road, Zoned B-2 (Part of Farm Lot 39, Township 9, Range 7; SBL#161.17-3-14). Requests an area variance to allow a freestanding sign with a 5-ft., 8-inch R.O.W. setback to remain. Minimum R.O.W. setback for this freestanding sign is 10-feet, Section 144-38B (1). Per the applicant’s request, this case was postponed at the November meeting due to illness and re-scheduled to the December, 2007 meeting.
APPEARANCE: David Ehrenreich, All American Signs
Mr. Ehrenreich explained to the board that a mistake was made when the freestanding sign was installed.
Mr. Homlwood established that if the sign is relocated to comply with the code several large trees will need to be removed.
Mr. Liberti established that several signs existing in the area are almost in line with this sign.
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 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:
HOLMWOOD AYE
LIBERTI AYE
LITWIN AYE
ZAJAC AYE
THE VOTE ON THE MOTION BEING UNANIMOUS, A NEGATIVE DECLARATION IS MADE UNDER SEQR.
Mr. Zajac made a MOTION, seconded by Mr. Liberti, to GRANT the variance request based on the following reasons:
1. There will be no undesirable change to the character of the neighborhood; other signs exist nearly in line with this sign.
2. The benefit can be sought in another way; however several existing trees would need to be removed to relocate the sign per the code.
3. The request is not substantial.
4. There will be no adverse effect or impact on the physical or environmental conditions for the neighborhood.
5. The difficulty is self-created; however that does not preclude the granting of the variance.
THE VOTE ON THE MOTION BEING:
HOLMWOOD AYE
LIBERTI AYE
LITWIN AYE
ZAJAC AYE
THE MOTION IS UNANIMOUSLY PASSED.
2. ZBA
File #53-07, Thomas Johnson, 85 & 86 Wildwood Lane, Zoned A-1 (Sublots 9
& 10 Map Cover 3084; SBL#’s 185.04-3-28 & 185.04-3-6). Requests 2
variances for Wildwood Estates subdivision identification signs. First, to
construct a gate wall more than 3-feet high on each of these sublots. Maximum
height of a wall in any front yard or side street yard is 3-feet, Section
144-22A(1). Second, to mount a subdivision identification sign on each of these
gate walls. One (1) sign may identify a permanent subdivision, Section
144-37C.
APPEARANCE: Mr. Thomas Johnson, applicant/developer
Mr. Johnson presented and explained his request to erect two-identification signs for the Wildwood Lane Subdivision to create a balanced look at the entranceway and aid individuals in locating the site. He proposes to erect two-stone walls with pre-cast concrete caps that will hold a 32” x 18” piece of etched granite.
Mr. Liberti discussed other subdivision identification signs that exist in the Orchard Park area and options that could be pursued with Mr. Johnson; however Mr. Liberti concluded that he would like Mr. Johnson to compromise and reduce the size of his request.
Mr. Zajac noted that he had concerns regarding the height of the proposed gate wall. He established that the gate walls would be placed on the corner of two lots, out of the R.O.W. Mr. Johnson confirmed that easements are in place that will enable landscaping to be planted and maintained at the gate wall area. Mr. Johnson told the Board that he feels the gate walls will appear smaller because they are set back from the R.O.W. Mr. Zajac voiced his concerns regarding the entranceway and the possibility of failure of maintenance over time, citing a similar entranceway at Bedford Estates (Milestrip Road). However, Mr. Johnson told the members that this would not occur at Wildwood because there will be a homeowners association with regulations in place. He also noted that the signage will be etched in granite.
The Acting Chairwoman discussed the style and proportions of the proposed signage with Mr. Johnson. Mr. Johnson told the Board that he is looking to be allowed “different” for this subdivision to complete what was started. He told the members that the lots in the Wildwood Subdivision are not “average”; they are large with historical style street lights installed that were approved by the Town for use. He also noted that each home will be provided with mailboxes. He explained to the Board that it is his intention to have a subtle entranceway, with several trees planted there.
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.
OPPONENT:
Mr. Charles Schwendler
5845 Cole Road
Orchard Park, NY 14127
Mr. Schwendler told the Board that he has concerns regarding traffic and site vision. He feels the proposed signage is too high and too close to the roadway. He explained that a blind area exists on Cole Road and that the speed limit is not obeyed. He questions if the proposed signage will interfere with the already serious situation that exists here; however it was established that the gate walls will be located approximately fifteen-feet from Cole Road and they will not have an impact on the area. In addition a street light will be erected that will aid the situation.
Mr. Zajac discussed stakes that exist at the site. Mr. Johnson stated that the stakes at the site were not put in to identify the location of the proposed signage.
Mr. Dwight Mateer
36 Hobby Lane
Orchard Park, NY 14127
Mr. Mateer stated that he feels the request should be recommended to the Public Safety Committee for site distance review.
Mr. Johnson noted that during the subdivision review process, the Town Engineering Department and Erie County Highway Department reviewed and approved this project. He told the Board that the proposed walls are lower and farther back than several trees that exist at the front of the site. Mr. Johnson told the Board that he feels if the site vision problem described by Mr. Schwendler currently exists the proposed signage will not add an additional impairment for motorists.
Mr. Liberti discussed reaching a compromise with Mr. Johnson with regards to the height of the proposed gate walls. Mr. Johnson concluded that he would agree to locate the gate walls five (5) feet further back from the roadway and reduce the wall height by one (1) foot.
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.
The Acting Chairwoman stated the options before the board, noting that she did not feel the Board should table their review of this request.
Mr. Zajac 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:
HOLMWOOD AYE
LIBERTI AYE
LITWIN 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 with a STIPULATION based on the following reasons:
1. There will be no undesirable change to the character of the neighborhood.
2. There will be no adverse effect or impact on the physical or environmental conditions of the neighborhood.
3. The difficulty is self-created; however, that does not preclude the granting of the variance.
4. The request is not substantial.
This variance if granted with the following stipulation:
1. Each gate wall is to be reduced by 1-foot in height and be located an additional 5-feet back, totaling to a 20-foot setback from Cole Road; not fifteen-feet as originally proposed.
THE VOTE ON THE MOTION BEING:
HOLMWOOD AYE
LIBERTI AYE
LITWIN AYE
ZAJAC AYE
THE MOTION IS UNANIMOUSLY PASSED WITH A STIPULATION.
3. ZBA File #54-07, Fox Run at Orchard Park, 1 Fox Run Lane, Zoned B-2 (Part of Farm Lot 31, Township 9, Range 7; SBL#172.00-1-1.11). Requests a variance for an 8’-7” x 5’-8” monument sign with 38-sq. ft. in area per side. A monument sign shall not exceed 30-sq. ft. in area or 5-ft. in height, Section 144-5B.
APPEARANCE: Mr. Ray Stapell, Attorney
Mr. William Essex, Fox Run at Orchard Park
The Acting Chairwoman recused herself from voting in this case due to a business relationship. She stated that Mr. Liberti will be the Acting Chairman during the Board’s review of this request. Ms. Litwin explained to the applicants that all three votes will be needed to pass the variance request.
Mr. Stapell stated that the applicants desire to erect the proposed two-sided signage to identify the site for emergency vehicles and its residents.
Mr. Holmwood established that the sign will be illuminated with spot lights and be located perpendicular to the roadway.
Mr. Liberti established that there is presently no permanent sign at the site; there is a temporary sign presently on the corner and that will be removed. Mr. Stapell told the Board that there will be only one identification sign at the site.
Mr. Zajac stated that he feels the request is reasonable for a site this large.
The Acting 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 Acting 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 Acting 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 made a motion, seconded by Mr. Holmwood, 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:
HOLMWOOD AYE
LIBERTI AYE
LITWIN AYE
ZAJAC AYE
THE VOTE ON THE MOTION BEING UNANIMOUS, A NEGATIVE DECLARATION IS MADE UNDER SEQR.
Mr. Holmwood made a MOTION, seconded by Mr. Zajac, to GRANT the variance request based on the following reasons:
1. There will be no undesirable change to the character of the neighborhood or a detriment to nearby properties created.
2. The benefit 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.
5. The difficulty is self-created; however, that does not preclude the granting of the variance.
THE VOTE ON THE MOTION BEING:
HOLMWOOD AYE
LIBERTI AYE
LITWIN AYE
ZAJAC AYE
THE MOTION IS UNANIMOUSLY PASSED.
There being no further business to be presented to the Board at this time, the Acting Chairwoman, Jo Ann Litwin adjourned the meeting at 8:30 p.m.
DATED: January 14, 2008 Respectfully submitted,
REVIEWED: January 14, 2008 Rosemary Seivert, Secretary
Zoning Board of Appeals
Jo Ann Litwin, Acting Chairwoman