ZONING BOARD OF APPEALS OF THE TOWN OF ORCHARD PARK, Erie County, New York, minutes of the August 19, 2008 meeting held in the Basement Public Meeting Room, S4295 South Buffalo Street.
MEMBERS PRESENT: Joseph Liberti, Acting Chairman
Donald Holmwood
Robert Metz
Richard Zajac
Dwight Mateer, Alternate
EXCUSED: Jo Ann Litwin, Chairwoman
Rosemary Seivert, Zoning Board of Appeals Secretary
OTHERS PRESENT: David Holland, Code Enforcement Officer
J. Michael Wolf, Deputy Town Attorney
Danielle Ostrander, Acting Zoning Board Secretary
The members recited the Pledge of Allegiance and the Acting 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 JUNE 17, 2008 REGULAR MEETING:
Upon a motion duly made and seconded, the reading of the minutes of the June 17, 2008 Zoning Board of Appeals meeting was unanimously waived as each Board Member had previously received copies.
Mr. Liberti made a MOTION, seconded by Mr. Holmwood to ACCEPT the minutes of the June 17, 2008 meeting as presented.
THE VOTE ON THE MOTION BEING:
LIBERTI AYE
HOLMWOOD AYE
METZ ABSTAINED
ZAJAC AYE
MATEER AYE
The Acting 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 Acting Chairman stated that site inspections of all cases presented tonight were made by:
LIBERTI AYE
HOLMWOOD AYE
METZ AYE
ZAJAC AYE
MATEER AYE
THE VOTE ON THE RESOLUTION BEING UNANIMOUS, THE RESOLUTION WAS DULY ADOPTED.
NEW BUSINESS
1. ZBA File #23-08, David
Kazmierczak, 6415 Milestrip Road, Zoned R-2 (Part of Farm Lot 20, Township 10,
Range 7; SBL#161.08-1-10). Requests an area variance to construct an
addition with a 25-ft., 2-inch front setback. Minimum front setback for this
R-2 lot is 40-feet, Section 144-9B, Schedule of Height, Lot, Yard, and Bulk
Regulations.
APPEARANCE: Mr. David Kazmierczak, Architect
Mr. Robert Meyer, Applicant/Property owner
Mr. Kazmierczak present and explained the proposed addition to Mr. Meyer’s existing home to the Board members. He indicated that the façade will match the existing residence.
Mr. Meyer submitted three-letters to the Board supporting his variance request from the following neighbors; Mr. & Mrs. Woolive, 6403 Milestrip Road, Ms. Helen Buss, 6419 Milestrip Road and Mr. & Mrs. Suriani, 6391 Milestrip Road.
Mr. Zajac established that the nearby residences he observed during his site inspection were relatives of Mr. Meyer’s.
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 other communications have been received.
Mr. Metz made a MOTION, seconded by Mr. Holmwood, 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.
5. The difficulty is some what self-created; but that does not preclude the granting of the variance.
THE VOTE ON THE MOTION BEING:
LIBERTI AYE
HOLMWOOD AYE
METZ AYE
ZAJAC AYE
MATEER AYE
THE VOTE ON THE MOTION BEING UNANIMOUS, THE MOTION IS HEREBY PASSED.
2. ZBA File #24-08, Jeffrey Abate, 5825 Scherff Road, Zoned A-1 (Part of Farm Lot 13, Township 9, Range 7; SBL#185.03-3-28.2). Requests an area variance to construct a garage addition with a 7-foot side setback. Minimum side setback for this A-1 lot is 30-feet, Section 144-9B, Schedule of Height, Lot, Yard and Bulk Regulations.
APPEARANCE: Mr. Jeff Abate, Applicant/Property owner
Mr. Abate told the Board that his property is unique and he explained the difficulty in locating his proposed garage. The property is 80-foot wide and is pie shaped. He has a 400-foot driveway with a “hogs back ridge” in-between two-ravines. Neighbors are located approximately 500-feet away from his property and his home can not be viewed from the road or from the neighboring properties. Mr. Abate told the members that he has discussed the variance request with his neighbors. He explained that all alternatives have been explored to locate the garage on the property; however the proposed location is the only feasible place to locate it. Mr. Abate told the members that he has agreed with one of his neighbors to add buffering (evergreens) to screen the area completely.
Mr. Mateer discussed an easement situation that Mr. David Patterson of 26 Wildwood Lane brought to the attention of the Board. Mr. Abate discussed this matter and concluded that he does not believe the easement exists any longer. Mr. Mateer stated that he feels the subject of the easement has no bearing on the variance request.
Mr. Metz established that the area used presently as a garage will be converted into a new living space.
Mr. Liberti established that the proposed garage will match the existing home and be connected.
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 other communications have been received.
Mr. Zajac made a MOTION, seconded by Mr. Holmwood, 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.
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 not self-created.
THE VOTE ON THE MOTION BEING:
LIBERTI AYE
HOLMWOOD AYE
METZ AYE
ZAJAC AYE
MATEER AYE
THE VOTE ON THE MOTION BEING UNANIMOUS, THE MOTION IS HEREBY PASSED.
3. ZBA File #25-08, Michael Brennan, 2 Cherokee Drive, Zoned R-3 (Sub Lot 1, Map Cover 2936, SBL#153.09-4-1). Requests an area variance to install an 8-foot high fence within a side street yard. Maximum height of a fence in a side street yard is 3-feet, Section 144-22 A(1).
APPEARANCE: Mr. Michael Brennan, Applicant/Property owner
Mr. Brennan told the Board that he is requesting to erect an 8-foot high fence along the Southwestern Boulevard side of his property to provide privacy, reduce road noise
and protect his pet and future children. He further stated that he feels the proposed fence will benefit other home owners in the area. Mr. Brennan’s property is approximately 3-feet lower then the roadway making a shorter fence ineffective. In addition, the proposed fence will be located 40-feet away from the current edge of the roadway thus; it will not interfere with motorist’s vision with the corner.
The Board members’ questions established that a combination of vegetation and the fencing could be used to accomplish buffering. Mr. Zajac asked Code Enforcement Officer David Holland about building up the elevation (berm) and then installing the fencing upon it. Mr. Liberti discussed using pine trees and additional shrubbery at the site. The members discussed reducing the request for the fence to a height of 6-feet.
The Acting Chairman stated that a letter supporting the variance request was received from Mrs. Stanley, 5 Cherokee Drive, Orchard Park, New York 14127.
The Acting Chairman then asked if there was anyone in the audience who would wish to speak in favor of granting the variance.
Mr. Brennan
Grandfather of applicant
Orchard, Park, New York 14127
Mr. Brennan spoke stating that he supports the variance request.
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 other communications have been received.
The members further discussed reducing the fence to a height of 6-feet and planting 4-foot high pine trees at the site. It was noted that a nearby resident has a 6-foot fence installed in the rear yard where it is allowed.
Mr. Mateer made a MOTION, seconded by Mr. Zajac, to GRANT the variance request for the following reasons 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 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 that does not preclude the granting of the variance.
This variance is granted with the following stipulation:
1. The height of the fence is to be 6-feet.
THE VOTE ON THE MOTION BEING:
LIBERTI AYE
HOLMWOOD AYE
METZ AYE
ZAJAC AYE
MATEER AYE
THE VOTE ON THE MOTION BEING UNANIMOUS, THE MOTION IS HEREBY PASSED WITH A STIPULATION.
4. ZBA File #26-08, Kevin Schmidle, 7200 Ellicott Road, Zoned R-1 (Part of Farm Lot 60, Township 9, Range 7; SBL#185.00-3-30). Requests an area variance to construct a garage/pole barn with a 10-foot side setback. Minimum side setback for this R-1 lot is 15-feet, Section 144-9B, Schedule of Height, Lot, Yard, and Bulk Regulations.
APPEARANCE: Mr. Schmidle, Applicant/Property owner
Mr. Schmidle explained to the members that he desires to erect a pole barn to be used for general storage. He would like to locate the pole barn in the a wooded area on the property and he intends to purchase the property adjacent to this from his brother-in- law.
The Acting Chairman established that the barn will be for personal storage only. He further established that Mr. Schmidle spoke with his neighbors and that no one has expressed any objections to the variance request.
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 other communications have been received.
Mr. Holmwood made a MOTION, seconded by Mr. Metz, to GRANT the variance request 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 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 some what self-created; but that does not preclude the granting of the variance.
THE VOTE ON THE MOTION BEING:
LIBERTI AYE
HOLMWOOD AYE
METZ AYE
ZAJAC AYE
MATEER 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 Acting Chairman Liberti adjourned the meeting at 8:27 P.M.
DATED: September 26, 2008 Respectfully submitted,
REVIEWED: October 6, 2008 Rosemary Seivert, Secretary
Zoning Board of Appeals
Joseph Liberti, Acting Chairman