ZONING BOARD OF APPEALS OF THE TOWN OF ORCHARD PARK, Erie County, New York, minutes of the June 17, 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
Richard Zajac
Dwight Mateer, Alternate
OTHERS PRESENT: David Holland, Code Enforcement Officer
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 APRIL 15, 2008 & MAY 20, 2008 REGULAR MEETINGS:
Mr. Zajac made a MOTION, seconded by Mr. Metz to ACCEPT the minutes of the April 15, 2008 meeting as presented.
THE VOTE ON THE MOTION BEING:
LITWIN AYE
LIBERTI ABSTAINED
HOLMWOOD AYE
METZ AYE
ZAJAC AYE
MATEER AYE
THE VOTE IS UNANIMOUSLY PASSED WITH ONE (1) ABSTENTION.
Mr. Liberti made a MOTION, seconded by Mr. Holmwood to ACCEPT the minutes of the May 20, 2008 meeting as presented.
LITWIN AYE
LIBERTI AYE
HOLMWOOD AYE
METZ AYE
ZAJAC AYE
THE VOTE IS UNANIMOUSLY PASSED.
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
LIBERTI AYE
HOLMWOOD AYE
METZ AYE
ZAJAC AYE
MATEER AYE
NEW BUSINESS
1. ZBA File #16-08,
Michael & Carrie Stromecki, 5358 Ellicott Road, Zoned R-2 (Part of Farm Lot
4, Township 9, Range 7; SBL#185.09-1-1.2). Requests an area variance to
construct a detached garage which will increase lot coverage to 12.76%. Maximum
lot coverage for this R-2 lot is 12%, Section 144-9B, Schedule of Height, Lot, Yard & Bulk Regulations.
APPEARANCE: Mr. & Mrs. Michael Stromecki, applicant/property owners
Mr. Stromecki explained to the Board his need for additional storage for personal vehicles and items.
The Boards’ questions established that the applicants will use the proposed garage for storage only and that the garage will match the existing home. The access road to the garage will encompass the use of the existing turn-around and it will be paved.
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. Zajac, to GRANT the variance request based on 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 may have been self-created, but that does not preclude the granting of the variance.
THE VOTE ON THE MOTION BEING:
LITWIN AYE
LIBERTI AYE
HOLMWOOD AYE
METZ AYE
ZAJAC AYE
THE VOTE ON THE MOTION BEING UNANIMOUS, THE MOTION IS HEREBY PASSED.
2. ZBA File #17-08, Paul Hogan & Carlos Santos, 3030 Orchard Park Road, Zoned B-2 (Part of Farm Lot 456, Township 10, Range 7; SBL#152.12-1-10.1). Requests variances for (2) signs at this multi-tenant business center. The first request is to alter an existing pedestal sign increasing its sign area and height and installing a pole cover. Pedestal signs shall not exceed 40-sq. ft. per side, 16-ft. in height and shall have a pedestal not exceeding 8-inches horizontally, Section 144-5 and 144-38C (2). The second request is to install a freestanding monument sign. Erection of a pedestal sign shall preclude erection of a freestanding sign, Section 144-38C(3). Note: This site was formerly (2) parcels, each having a pedestal sign.
Chairman Litwin recused herself from voting in this case due to a business relationship.
APPEARANCE: Dr. Carlos Santos, Applicant/owner
Dr. Santos explained that the site had previously been compromised of two separate properties with two buildings and two signs which was combined into one site with one building. He told the Board that he would like to have two signs on the property in order to address the issue of different tenants with entrances located on opposite sides of this corner lot. He would, also, like to use the existing pole (the former Schuele Paint sign pole) at the site for the main tenant “Blue Spa & Salon”, which has its entrance on Orchard Park Road; however, Dr. Santos requests that a variance be granted for a fiberglass cover to enhance the appearance of the pole. He told the Board that the additional signage desired at the site would be a monument sign located on Orchard Park Road, closer to Eaglebrook Drive, with markers for two medical/professional offices, with entrances located on that side.
The Boards’ questions established that the existing pole at the site will be used and that the proposed cover will be applied to this pole to “dress-it-up”; the dimensions of the
signage will not exceed what had been previously been there. It was also established that the proposed signage will be illuminated.
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 Acting Chairman Liberti, 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:
LIBERTI AYE
HOLMWOOD AYE
METZ AYE
ZAJAC AYE
MATEER AYE
THE VOTE ON THE MOTION BEING UNANIMOUS, A NEGATIVE DECLARATION IS MADE UNDER SEQR.
Mr. Zajac commented that the proposed signage will have less square footage than what previously existed at this site.
Mr. Zajac made a MOTION, seconded by Mr. Holmwood, to GRANT the variance requests for the following reasons:
1. There will be no undesirable change to the character of the neighborhood or a detriment to nearby properties; the site previously had two signs existing here that exceeded the square footage that the applicant is requesting.
2. The benefit sought cannot be achieved in another way.
3. The request is not substantial; the square footage of the proposed signage will be less than what had previously existed at the site.
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; two signs existed here previously.
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 Chairwoman Litwin adjourned the meeting at 7:50 P.M.
DATED: July 25, 2008 Respectfully submitted,
REVIEWED: July 25, 2008 Rosemary Seivert, Secretary
Zoning Board of Appeals
Jo Ann Litwin, Chairwoman