ZONING BOARD OF APPEALS OF THE TOWN OF ORCHARD PARK, Erie County, New York, minutes of the January 15, 2008 meeting held in the Basement Public Meeting Room, S4295 South Buffalo Street.
MEMBERS PRESENT: Jo Ann Litwin, Chairwoman
Donald Holmwood
Joseph Liberti
Robert Metz
Dwight Mateer, Alternate
EXCUSED: Richard Zajac
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 Chairwoman 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 NOVEMBER 20, 2007 AND DECEMBER 12, 2007 REGULAR MEETINGS:
Upon a motion duly made and seconded, the reading of the minutes of the November 20, 2007 and December 12, 2007 Zoning Board of Appeals meetings were unanimously waived as each Board Member had previously received a copy.
Mr. Liberti made a MOTION, seconded by Mr. Holmwood to ACCEPT the minutes of the November 20, 2007 and December 12, 2007 meetings as presented.
THE VOTE ON THE MOTION BEING:
HOLMWOOD AYE
LIBERTI AYE
LITWIN AYE
METZ ABSTAINED
MATEER ABSTAINED
THE MOTION IS PASSED WITH THREE (3) IN FAVOR AND TWO (2) ABSTENTIONS.
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 Acting Chairwoman stated that site inspections of all cases presented tonight were made by:
HOLMWOOD AYE
LIBERTI AYE
LITWIN AYE
METZ AYE
MATEER AYE
Chairwoman Litwin appointed Mr. Liberti to the position of Acting Chairperson in the event that she is absent. She also reaffirmed that the Board shall limit the number of agenda items to eight (8) per meeting.
Chairman Litwin stated that per the request of the applicant, Item #2, ZBA File 02-08, Walgreen’s has been removed from the agenda this evening.
NEW BUSINESS
1. ZBA File #01-08, Target Corporation, 5622 Amanda Lane, Zoned B-1 (Part of Farm Lot 28, Township 10, Range 7; SBL#152.17-1-14). Requests an area variance to construct a building addition with a 39-ft. front setback. Minimum front setback for this B-1 parcel is 50-ft., Section 144-9B, Schedule of Height, Lot, Yard and Bulk Regulations. Note: This variance request was granted on 12/19/06, ZBA File #32-06. In accordance with Section 144-63D(2)(d), this decision has expired.
APPEARANCE: Mr. Randy Peterson, Construction Project Manager
Chairwoman Litwin noted that the applicant was granted an area variance in 2006; however, the variance expired and the applicant has come before the Board to reapply. She told Mr. Peterson that the Board has two new members and that she would like him to present and explain the variance request.
Mr. Peterson explained Target’s proposed expansion and concluded that construction of the project is desired to start in March, 2008.
The Board members’ questions established that the proposal is to construct an approximately 20,000 sq. ft. addition for expansion of the warehouse and sales floor area; no changes were made to the plans since the time of the original variance request and approval. Mr. Peterson told the Board that a delay occurred in the project due to engineering issues; these issues have been resolved.
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 communications have been received.
Mr. Liberti 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.
HOLMWOOD AYE
LIBERTI AYE
LITWIN AYE
METZ AYE
MATEER 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 approval of the variance request based on the following:
1. There will be no undesirable change to the character of the neighborhood.
2. The request is not substantial.
3. There will be no adverse effect or impact on the physical or environmental conditions of the neighborhood or district.
4. 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
METZ AYE
MATEER AYE
THE VOTE ON THE MOTION BEING UNANIMOUS, THE VARIANCE REQUEST IS
GRANTED.
There being no further business to be presented to the Board at this time Chairwoman, Jo Ann Litwin adjourned the meeting at 7:43 p.m.
DATED: February 5, 2008 Respectfully submitted,
REVIEWED: February 5, 2008 Rosemary Seivert, Secretary
Zoning Board of Appeals
Jo Ann Litwin, Chairwoman