ZBA Mtg. #2 Regular Mtg. #2 February 20, 2007 Page 1
ZONING BOARD OF APPEALS OF THE TOWN OF ORCHARD PARK, Erie County, New York, minutes of the February 20, 2007 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 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.
He asked those present to give thought to those in the military that will not be with their families this year.
APPROVAL OF THE MINUTES OF THE JANUARY 16, 2007 REGULAR MEETING:
Upon a motion duly made and seconded, the reading of the minutes of the January 16, 2007 Zoning Board of Appeals meeting was unanimously waived as each Board Member had previously received copies.
Ms. Litwin made a MOTION, seconded by Ms. Bowers to ACCEPT the minutes of the January 16, 2007 meeting as presented.
THE VOTE ON THE MOTION BEING:
LENNARTZ AYE
BOWERS AYE
HOLMWOOD ABSTAINED
LIBERTI AYE
LITWIN AYE
ZAJAC AYE
THE VOTE IS UNANIMOUSLY PASSED
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.
ZBA Mtg. #2 Regular Mtg. #2 February 20, 2007 Page 2
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 #02-07, Joseph Macaluso, 3005 Abbott Road, Zoned B-2 (Part of Farm Lot 448, Township 10, Range 7, SBL#151.12-4-2). Requests (2) area variances at this existing Laundromat. The first request is to construct an addition which will reduce an existing side setback to 5.75’. No setback, if already less than the minimum required, shall be further reduced, Section 144-14. The second request is to install a pedestal sign with a 5’ front setback and 3’ side setback. Minimum front and side setback for this sign is 15’, Section 144-38C(1).
APPEARANCE: Mr. Joseph Macaluso, applicant & property owner
Mr. Macaluso presented and explained his proposed plans to the Board to expand and renovate a business that he recently purchased. He requests two area variances be granted. Firstly, he would like to construct a 10% addition to the existing building. The addition will enable him to provide customers with public restrooms and additional washing/drying machines. He presented photos of the site for the Board’s review, noting that he had met with the Conservation Board members and they waived formal review of the project; however, Board Member David Ward offered to assist Mr. Macaluso in planting selections chosen for the site. Mr. Macaluso told the Board that he is also requesting a variance to install a pedestal sign to help identify the Laundromat. He told the Board that there are similar signs in the area and that the proposed location for the installation of the sign was chosen due to restrictions that exist on the property.
Mr. Liberti commented that he thought the proposed updating would be great for the business and the community. He established that the proposed signage will not be illuminated and that the signage on the front of the building will be removed.
Chairman Lennartz established that the proposed sign will conform to the Town ordinance.
Mr. Holmwood established that five (5) machines will be present in the Laundromat.
Mr. Zajac discussed and verified the proposed location of the signage with the applicant.
The Chairman then asked if there was anyone in the audience who would wish to speak in favor of granting the variance.
ZBA Mtg. #2 Regular Mtg. #2 February 20, 2007 Page 3
IN FAVOR:
Mr. Macaluso noted that a neighbor, Mr. Liberatore (owner of the apartment buildings at the rear of the site) had discussed the variance requests with him, prior to the meeting and left with no comments regarding the proposal.
The Chairman then asked if there was anyone in the audience who would wish to speak against the granting of the variance.
IN OPPOSITION:
Ms. Mary Twist
1720 Bailey Road
East Aurora, NY 14052
Ms. Twist, owner of the adjacent vacant lot, stated that she feels allowing the building closer to her property line will affect the sale of her vacant lot located here.
Mr. Macaluso told the Board that he had spoken with Ms. Twist regarding his proposal. He further noted that the lot is presently for sale and that the surrounding area is commercial. He believes that based on the price that Ms. Twist is asking she mostly likely will have to sell the property as commercial; the Building Inspector indicated to him that if the lot were commercial he would not need an area variance for the proposed addition and that he could have built right up to the property line. Building Inspector David Holland confirmed this fact.
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 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
LITWIN AYE
THE VOTE ON THE MOTION BEING UNANIMOUS, A NEGATIVE DECLARATION IS MADE UNDER SEQR.
The Chairman made a MOTION, seconded by Ms. Bowers to GRANT the two (2) area variances for the following reasons:
1. There will be no undesirable change in the character of the neighborhood; it is primarily commercial. There will be no detriment to the nearby properties.
ZBA Mtg. #2 Regular Mtg. #2 February 20, 2007 Page 4
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.
5. The difficulty is self-created, but 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.
2. ZBA File #03-07, Darryl Zydel, 246 Hillside Avenue, Zoned R-3 (Sub Lot’s 252-254, Map Cover 860; SBL#152.09-3-49). Requests (2) area variances to construct a detached garage. The first request is for a 5’ rear setback. Minimum rear setback for accessory structures on this R-3 lot is 10’, Section 144-9B, schedule of Height, Lot, Yard & Bulk Regulations. The second request is to allow the building area of accessory structures (980 square feet) to dominate the building area of the dwelling (720 square feet), Section 144-5A.
APPEARANCE: Mr. Darryl Zydel, applicant & property owner
Mr. Zydel presented and explained his plans to demolish an existing 16 ft. x 25 ft. garage, noting that the present condition of the garage depreciates the value of his home. He would like to construct a new, garage for his classic car and storage needs.
Mr. Liberatore established that the proposed detached garage will match his existing home and that his neighbors have not objection to the variance requests.
Mr. Zajac established that the existing garage will be removed. He discussed the existence of two storage sheds located on the property and questioned if Mr. Zydel could remove these and store items contained in these two shed in the proposed garage. Mr. Zydel told the Board that the rusty appearing storage shed will be removed; however, he does not feel he can eliminate the need for the other shed.
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. Aldo Pugliese
248 Hillside
Orchard Park, NY 14127
ZBA Mtg. #2 Regular Mtg. #2 February 20, 2007 Page 5
Mr. Pugliese told the Board that he supports the variance requests.
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 to GRANT the two area variances for the following reasons:
1. There will be no undesirable change in 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 not be an adverse effect or impact on the physical or environmental conditions of the neighborhood or district.
5. The difficulty was 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.
3. ZBA File #05-07 Hortland Development LLC, 3533 North Buffalo Road, Zoned B-3 (Part of Farm Lot 14, Township 10, Range 7; SBL#161.08-2-20). Applicant is seeking a change in use from a single family dwelling to a business office and requests a variance to allow front yard parking. Parking is prohibited in the front yard of this B-3 parcel, Section 144-9B, Schedule of Height, Lot, Yard & Bulk Regulations.
APPEARANCE: Mr. Paul Johnson, applicant & property owner
ZBA Mtg. #2 Regular Mtg. #2 February 20, 2007 Page 6
Mr. Johnson presented and explained plans to create three to four additional parking spaces with a turn-around for his business. He told the Board that it is not possible to gain access to the rear of the site due to space limitations. He is also seeking a variance for a change in use.
The member’s questions established that Mr. Johnson operates a small contractor’s office and that there is adequate room for the proposed parking spaces.
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.
Mr. Holmwood stated that the site has space limitations; due to this, Mr. Johnson is limited as to where the parking can be increased and located.
The Chairman noted that the applicant must use the area available to him.
Ms. Litwin 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
LITWIN AYE
THE VOTE ON THE MOTION BEING UNANIMOUS, A NEGATIVE DECLARATION IS MADE UNDER SEQR.
Mr. Liberti made a MOTION, seconded by Ms. Litwin to GRANT the request for a change in use and allow a variance for front yard parking for the following reasons:
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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; in fact, it aids in safety for customers and the applicant.
3. The request is not substantial.
4. There will be no adverse impact on the physical or environmental conditions of the neighborhood or district.
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.
4. ZBA File #06-07, James D. Fittante & Delta Sonic, 3205 Orchard Park Road, Zoned B-2 (Part of Farm Lot 459, Township 10, Range 7; SBL#152.16-4-5.121). Requests a variance to allow front yard parking at this expansion/redevelopment project. Parking is prohibited in the front yard of this B-2 parcel, Section 144-29A(4).
APPEARANCE: Mr. Michael Green, Vice President of Delta Sonic
Mr. Jim Fittante, representing Delta Sonic
The applicants explained and presented a proposed plan to expand and redeveloped the existing Delta Sonic site. They told the members that the adjacent “Mobil” fueling station property was purchased and that buildings on that site will be demolished. Additionally, meetings have taken place with the Planning and Conservation Boards, wherein, the site plan has been revised based on the input from these Boards.
The applicants are seeking a variance to allow front yard parking and they told the members that the current number of driveways from the combined sites totals to six (6). The presented plan proposes two (2) driveways. Mr. Fittante noted that they feel this will address safety concerns at this location. A total of eight (8) fueling pumps will exist at the site. It was noted that businesses in this area have front yard parking. Mr. Fittante told the Board that they tried to minimize the number of front yard parking spaces located here, however, the vehicle stacking area was increased from 13 to approximately 23; he feels the benefits of increased landscaping and stacking outweigh the front yard parking issue.
The Chairman reconfirmed that the “Mobile Station” site will be demolished and he discussed the proposed plan with the applicants. It was noted that the traffic flow at the site will be improved. It was learned that separately, the two sites had a total
ZBA Mtg. #2 Regular Mtg. #2 February 20, 2007 Page 8
of four fueling pumps each. The total number of fueling pumps at the site will be eight (8). Also, the tanks and pumps will be upgraded to the new code.
Ms. Bowers discussed the stacking plan and parking plan for vehicles at the site with the applicants. She questioned if parked vehicles will find it difficult to access the parking spaces with the stacking flow in progress for the car wash. Mr. Fittante did not feel it would be a problem. He felt employees will use the spaces closer to the stacking area.
Mr. Liberti established that there will be eight (8) parking spaces at the site.
Mr. Holmwood reconfirmed with the applicant that the project proposes two driveways for ingress/egress. Mr. Fittante told the members that two driveways are proposed; however, they have not received comments from the State D.O.T., as of this date, regarding the proposed plan.
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, Ms. Litwin seconded by, 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.
Mr. Holmwood stated that he feels the presented plan is the best possible plan and
ZBA Mtg. #2 Regular Mtg. #2 February 20, 2007 Page 9
he supports the request.
Mr. Holmwood made a MOTION, seconded by Mr. Liberti, to GRANT the request for front yard parking for the following reasons:
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 some other way than through the granting of the variance.
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.
5. The difficulty is self-created, but that 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 adjourned the meeting at 8:28 p.m.
DATED: April 12, 2007 Respectfully submitted,
REVIEWED: April 12, 2007 Rose Seivert, Secretary
Zoning Board of Appeals
Robert J. Lennartz, Chairman