ZONING BOARD OF APPEALS OF THE TOWN OF ORCHARD PARK, Erie County, New York, minutes of the April 15, 2008 meeting held in the Basement Public Meeting Room, S4295 South Buffalo Street.
MEMBERS PRESENT: Jo Ann Litwin, Chairwoman
Donald Holmwood
Robert Metz
Richard Zajac
Dwight Mateer, Alternate
EXCUSED: Joseph Liberti
David Holland, Deputy Building Inspector
OTHERS PRESENT: Andrew Geist, Building Inspector
J. Michael Wolf, Deputy Town Attorney
Rosemary Seivert, Zoning Board Secretary
The members recited the Pledge of Allegiance and the 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 MARCH 18, 2008 REGULAR MEETING:
The Chairwoman stated that the minutes were not available and that they will be voted on at the May 20, 2008 meeting.
The 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 Chairwoman stated that site inspections of all cases presented tonight were made by:
LITWIN AYE
HOLMWOOD AYE
METZ AYE
ZAJAC AYE
MATEER AYE
OLD BUSINESS
1. ZBA File #02-08, Walgreen’s Pharmacy, Union & Michael Road’s, Zoned B-2 (Part of Farm Lot 461, Township 10, Range 7; SBL#’s152.12-2, 3, 4, 5 & 6). Requests an area variance to allow vehicle parking in the front yard of a proposed drugstore. Vehicle parking is prohibited in the front yard in this B-2 Zone, Section 144-29A(4). NOTE: This case was rescheduled from the 1/15/08 meeting at the applicant’s request.
APPEARANCE: Mr. Ralph Lorgio, Attorney
Mr. Guy Hart, Jr., HDL Property Group LLC
Mr. Lorigo presented and explained the request for front yard parking to the Board. he noted that the request was not unreasonable as this is a corner lot, citing the former Burger King site and the recent granting of the same variance request to Family Video. He told the Board that the proposal will upgrade the entranceway into the Town.
The 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 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 Chairwoman then asked if the Secretary had received any additional communications either for or against granting the variance.
The Secretary stated that no other communications have been received.
Mr. Holmwood made a motion, seconded by Mr. Metz, 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 UNANIMOUS, A NEGATIVE DECLARATION IS MADE UNDER SEQR.
Mr. Zajac made a MOTION, seconded by Mr. Mateer, to GRANT the variance request for the following reasons:
1. There will be no undesirable change to the character of the neighborhood or a detriment to nearby properties.
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.
5. The difficulty is not self-created.
THE VOTE ON THE MOTION BEING:
LITWIN AYE
HOLMWOOD AYE
METZ AYE
ZAJAC AYE
MATEER AYE
THE VOTE ON THE MOTION BEING UNANIMOUS, THE MOTION IS HEREBY PASSED.
NEW BUSINESS
1. ZBA File #09-08, Wee Can
Preschool & Childcare, 40 Centre Drive, Zoned I-1 (Part of Farm Lot #’s 24 & 32 Township 9, Range 7; SBL#161.14-2-10). Requests a use variance to
operate a day care center at this site. Permitted uses in this I-1 Zone do not
include day care centers, Section 144-9A, Schedule of Use Controls.
APPEARANCE: Ms. Julie Wettlaufer, Petitioner
Mr. Peter Krog, II, property owner
Mr. Michael O’Conner, Representative – Krog Corporation
Ms. Wettlaufer told the Board that she presently operates a preschool program in Orchard Park, but that she has out grown her present location. She explained that she is the only New York State certified, full day, integrated preschool program in the immediate area and that the type of care that she offers is sought by both residents and the Orchard Park School district. Ms. Wettlaufer noted that the site is zoned Industrial, but she feels that the type of businesses at the complex are best described as being “light industry”. She does not believe the businesses located here will present a danger to the children who are indoors for most of their school day; when outside, the children are always under direct adult supervision in a fenced play area. She further noted that she abides by strict New York State Office of Children and Family Services guidelines and is subject to regular safety inspections.
Ms. Wettlaufer told the Board that the Krog Corporation has made it known to her that many businesses within the Park have expressed the desire for a day care facility within the park for the convenience of Quaker Centre Park employees who would like to access convenient day care for their children.
Mr. Metz verified that the building is number 40 and he discussed the location of the front of the building and the play area.
Mr. Zajac discussed the outdoor play area and the location of the parking lot. He established that parking is adequate and that New York State does not designate square feet requirements; they only indicate that a play area must be safe.
Mr. Holmwood established that during the winter months the children will play in an indoor room (700-sq. ft.) known as an “exercise” room.
Mr. Mateer sees this as a nice fit for the area.
Ms. Litwin established that the hours of operation will be 7 a.m. – 6 p.m.; there may be some evening functions. The expected age group of the children attending the pre-school is 3 to 4 years; however, based on the needs of the workers in the industrial park this may be adjusted.
The 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 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 Chairwoman then asked if the Secretary had received any additional communications either for or against granting the variance.
The Secretary stated that no other communications have been received.
Mr. Holmwood established that 12 to 17 employees may work here and that the number of parking spaces is adequate (40 – 50).
Mr. Metz established that there will be van service and no buses used at the facility.
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 UNANIMOUS, A NEGATIVE DECLARATION IS MADE UNDER SEQR.
Mr. Metz made a MOTION, seconded by Mr. Mateer, to GRANT the variance request for the following reasons:
1. There will be no undesirable change to the character of the neighborhood or a detriment to nearby properties.
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.
5. The difficulty maybe self-created, but that does not preclude the granting of the variance.
THE VOTE ON THE MOTION BEING:
LITWIN AYE
HOLMWOOD AYE
METZ AYE
ZAJAC AYE
MATEER AYE
THE VOTE ON THE MOTION BEING UNANIMOUS, THE MOTION IS HEREBY PASSED.
2. ZBA File #10-08, William Solda, 7830 Milestrip Road, Zoned R-2 (Part of Farm Lot 3, Township 10, Range 7; SBL#153.20-1-22). Requests an area variance to construct a 2,400 sq. ft. pole barn/storage building. Building area of dwelling is 1,416 sq. ft. Accessory area shall not dominate principal use area, Section 144-5B.
APPEARANCE: Mr. William Solda, Applicant and property owner
Mr. Solda explained to the Board that he needs to build a storage building to house vehicles and personal items.
The Board members questions established that Mr. Solda feels the size of the proposed building will be large enough to accommodate his needs. It will hold approximately 9 vehicles. He told the Board that his adjacent neighbor has no objection and that the other adjacent lot is vacant.
The 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 Chairwoman then asked if there was anyone in the audience who would wish to speak against the granting of the variance.
OPPOSED:
David Posenjak
7840 Milestrip Road
Orchard Park, New York 14127
Mr. Posenjack reviewed the proposed plan and voiced his objection to the requested variance. He told the Board he is the adjacent neighbor and that he had not realized how close this would be to his home. He feels he will be adversely affected by this structure and the closeness to his home; he would like the structure moved back further.
The Chairwoman then asked if the Secretary had received any additional communications either for or against granting the variance.
The Secretary stated that no other communications have been received.
The Board members discussed the request and agreed that a compromise could be reached. They noted that the size of the proposed storage shed is almost double the size of the existing home.
Mr. Mateer made a MOTION, seconded by Mr. Holmwood, to GRANT the variance request with a STIPULATION as follows:
1. There will be no undesirable change to the character of the neighborhood or a detriment to nearby properties.
2. The benefit sought can not 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.
5. The difficulty is not self-created.
This variance is granted with the following stipulation:
1. The storage shed is to be located 90-feet from the back of the house.
THE VOTE ON THE MOTION BEING:
LITWIN AYE
HOLMWOOD AYE
METZ AYE
ZAJAC AYE
MATEER AYE
THE VOTE ON THE MOTION BEING UNANIMOUS, THE MOTION IS HEREBY PASSED WITH A STIPULATION.
3. ZBA File #11-08, Jim Ball Cadillac-GMC, 3343/3475 Southwestern Blvd., Zoned B-2(Part of Farm Lot 19, Township 10, Range 7; SBL#152.20-1-2.2). Requests a variance to install a non-conforming pedestal sign in addition to an existing pedestal sign. Signs in this B-2 Zone must comply with Section 144-38. One (1) pedestal sign shall be permitted per Section 144-38C.
APPEARANCE: Mr. Don Stauffer, representing Mr. Ball
Mr. Stauffer explained the request for the proposed signage to the Board members, noting that the sign is similar to the nearby existing Lincoln Mercury signage. He told the Board that the signage is a franchise requirement and that the sign is 17-feet in height.
Mr. Metz 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 UNANIMOUS, A NEGATIVE DECLARATION IS MADE UNDER SEQR.
Ms. Litwin made a MOTION, seconded by Mr. Zajac to GRANT the variance request
based on the following with a STIPULATION:
1. There will be no undesirable change to the character of the neighborhood or a detriment to nearby properties.
2. The benefit sought can not 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.
5. The difficulty is not self-created.
The variance is granted with the following stipulation:
1. The applicant is to install the sign by counter sinking it into the ground so the height of the sign will be sixteen-feet above the ground and be conforming to the code; in addition, the sign is to be angled and located further back from the roadway to aid with site distance for the motorists using Hart Place.
ON THE QUESTION:
The Board discussed the variance request and determined that they are agreeable to the stipulation made to resolve the height issue.
THE VOTE ON THE MOTION BEING:
LITWIN AYE
HOLMWOOD AYE
METZ AYE
ZAJAC AYE
MATEER AYE
THE VOTE ON THE MOTION BEING UNANIMOUS, THE MOTION IS HEREBY PASSED WITH A STIPULATION.
There being no further business to be presented to the Board at this time Chairwoman Litwin adjourned the meeting at 8:19 p.m.
DATED: May 02, 2008 Respectfully submitted,
REVIEWED: May 19, 2008 Rosemary Seivert, Secretary
Zoning Board of Appeals
Jo Ann Litwin, Chairwoman