ZBA Mtg. #1 Regular Mtg. #1 January 16, 2007 Page 1
ZONING BOARD OF APPEALS OF THE TOWN OF ORCHARD PARK, Erie County, New York, minutes of the January 16, 2007 meeting held in the Basement Public Meeting Room, S4295 South Buffalo Street.
MEMBERS PRESENT: Robert Lennartz, Chairman
Kim Bowers
Joseph Liberti
Jo Ann Litwin Richard Zajac, Alternate
EXCUSED: Donald Holmwood
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 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.
APPROVAL OF THE MINUTES OF THE DECEMBER 19, 2006 REGULAR MEETING:
Upon a motion duly made and seconded, the reading of the minutes of the December 19, 2006 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 December 19, 2006 meeting as presented.
THE VOTE ON THE MOTION BEING:
LENNARTZ AYE
BOWERS AYE
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. #1 Regular Mtg. #1 January 16, 2007 Page 2
The Chairman stated that site inspections of all cases presented tonight were made by:
LENNARTZ AYE
BOWERS 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.
APPEARANCE: Carmen Provenzano, Silvestri Architects
Mr. Provenzano presented and distributed an updated traffic study for the Board’s review. He told the Board that the study contains a correspondence from Mr. Don Wilson, who performed the wetlands delineation at the site. He explained that the proposed project has been revised in an attempt to reduce the number of variances that were previously requested. Mr. Provenzano stated that there will be one entrance into the site, with a double, two-lane 30’ long driveway; the driveway will narrow further on into two lanes. The driveway will create less than a one-half acre disturbance in the wetland areas, which is allowable, by the Army Corps of Engineers regulations. He told the Board that he would like to return with a formal presentation.
The Chairman told the applicant that the Board will table their review of the project, pending receipt of a revised request. He further noted that the request has changed significantly and must be republished. In addition, he would like the Public Safety Committee to review the 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.
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Mr. Richard Leonard
33 Burbank
Orchard Park, NY 14127
Mr. Leonard stated that he is an environmental scientist; he feels the variance requests are many and significant. He told the Board he has concerns with the setback requests and the disturbance the proposed roadway will have on the wetland area. He feels the variance requests make a mockery of the Town of Orchard Park zoning laws.
The Chairman stated that it is incumbent upon the Board to hear the petitioner and the public comments; no decision will be made this evening and the revised request must be republished. When the final plan is presented, the Board will take into consideration Mr. Leonard’s comments and the zoning code.
The Chairman made a MOTION, seconded by Ms. Litwin, to TABLE this case, pending the receipt and republishing of the applicant’s revised request.
THE VOTE ON THE MOTION BEING:
LENNARTZ AYE
BOWERS AYE
LIBERTI AYE
LITWIN AYE
ZAJAC AYE
THE VOTE IS UNANIMOUSLY PASSED
NEW BUSINESS
1. ZBA File #01-07, Bill Fuhrmann, 6331 Boston Ridge Road, Zoned A-1 (Part of Farm Lot 9, Township 9, Range 7; SBL#197.00-4-48.1). Requests an area variance to allow a carport within the front yard. No accessory structure shall be located within the front yard, Section 14-24A(1)(b).
APPEARANCE: Mr. Bill Fuhrmann, applicant and property owner
Mr. Fuhrmann explained that he did not realize he needed to apply for a permit to construct the carport he built to protect his motor home from the elements. He described to the members the topography of his property, noting that his home is 250 feet from the road, with the majority of his property located in the front of the home. He told the Board that he is unable to park the motor home behind the home and he presented photos for the Board members review. He noted that the carport is difficult to view by passersby.
Mr. Liberti discussed the construction of the carport with Mr. Fuhrmann. Mr. Fuhrmann told the Board that a tarp-type material is being used on the top of the carport.
Ms. Bowers established that the carport has a top, but no sides.
ZBA Mtg. #1 Regular Mtg. #1 January 16, 2007 Page 4
The Chairman confirmed with Building Inspector Dave Holland that the structure is safe and sound. Mr. Holland noted that Mr. Fuhrmann did a nice job in constructing the carport.
The Chairman then asked if there was anyone in the audience who would wish to speak in favor of granting the variance.
PROPONENT:
Mr. Richard Tomaka
6355 Boston Ridge Road
Orchard Park, NY 14172
Mr. Tomaka stated that he is the adjacent neighbor and he supports the variance request. He told the Board that he feels the structure is fine.
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 Ms. Litwin to GRANT the variance request based on the following:
1. There will be no undesirable change in the character of the neighborhood; especially with the way the site is setback behind the existing trees.
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.
ON THE QUESTION:
The Chairman noted that he would like to stress that this is in no way setting a precedent; this is in no way an endorsement for people, in general, to be putting up similar structures in their front yard.
ZBA Mtg. #1 Regular Mtg. #1 January 16, 2007 Page 5
THE VOTE ON THE MOTION BEING:
LENNARTZ AYE
BOWERS AYE
LIBERTI AYE
LITWIN AYE
ZAJAC AYE
THE VOTE IS UNANIMOUSLY PASSED
There being no further business to be presented to the Board at this time, the Chairman adjourned the meeting at 8:05 p.m.
DATED: January 31, 2007 Respectfully submitted,
REVIEWED: February 1, 2007 Rose Seivert, Secretary
Zoning Board of Appeals
Robert J. Lennartz, Chairman