ZONING BOARD OF APPEALS OF THE TOWN OF ORCHARD PARK, Erie County, New York, minutes of the March 18, 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
EXCUSED: Jo Ann Litwin, Chairwoman
Dwight Mateer, Alternate
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 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 JANUARY 15, 2008 REGULAR MEETING:
Upon a motion duly made and seconded, the reading of the minutes of the January 15, 2008 Zoning Board of Appeals meeting were unanimously waived as each Board Member had previously received a copy.
Mr. Holmwood made a MOTION, seconded by Mr. Metz to ACCEPT the minutes of the January 15, 2008 meeting as presented.
THE VOTE ON THE MOTION BEING:
HOLMWOOD AYE
LIBERTI AYE
METZ AYE
ZAJAC ABSTAINED
THE MOTION IS PASSED WITH THREE (3) IN FAVOR AND ONE (1) ABSTENTION.
Acting Chairman Liberti welcomed Past Zoning Board of Appeals Chairman Remy Orffeo who presented the Robert Lennartz, who ended his Chair of the Zoning Board of Appeals in December of 2007, with a “Certificate of Appreciation” and a “Shadow Box” containing newspaper articles regarding his work. Mr. Lennartz was thanked for all his hard work and efforts while Chairman of the Board. Mr. Lennartz stated that it had been a rewarding experience.
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:
HOLMWOOD AYE
LIBERTI AYE
METZ AYE
ZAJAC AYE
The Acting Chairman stated at tonight’s meeting we do not have full Board representation. In these circumstances it will require (3) votes to approve any motion that is presented. If a vote results in a two/two tie, the motion will be defeated. As a result, we offer petitioners the following three options:
1. We can vote on the petition and the petitioner must accept the Board’s decision.
2. We can hear the case and postpone the vote until the next meeting of the Board when a full Board is present. The absent members of the Board will review the testimony and all appropriate documents prior to the meeting.
3. The petitioner can postpone making his presentation until the next meeting of
this body.
NEW BUSINESS
1. ZBA File #03-08, Repp Construction, Inc., 3810 Taylor Road, Zoned I-1 (Part of Farm Lot 32, Township 9, Range 7; SBL#161.00-5-30.2). Requests a variance for a 6’ - 4” x 8’ - 2” monument sign with 23-sq. ft. of sign area per side. A monument sign shall not exceed 5-feet in height. The text area of this sign shall not exceed 20-sq. ft., Section 144-5B. Note: This proposed sign will replace existing freestanding sign.
APPEARANCE: Mr. Christ Repp, Applicant and property owner
Mr. Repp explained to the Board his desire to update his existing signage. The Boards’ questions established that the proposed signage would be located in the same location the present sign occupies and that it 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 Mr. Metz, 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
METZ AYE
ZAJAC AYE
THE VOTE ON THE MOTION BEING UNANIMOUS, A NEGATIVE DECLARATION IS MADE UNDER SEQR.
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 or nearby properties.
2. The benefit sought could 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 self-created; however, that does not preclude the granting of the variance.
THE VOTE ON THE MOTION BEING:
HOLMWOOD AYE
LIBERTI AYE
METZ AYE
ZAJAC AYE
THE VOTE ON THE MOTION BEING UNANIMOUS, THE MOTION IS HEREBY PASSED.
2. ZBA File #04-08, Orchard Park
Veterinary, 3930 N. Buffalo Road, Zoned B-1 (Part of Farm Lot 16, Township 9,
Range 7; SBL#161.16-1-4.11). Requests (2) variances to install a
pedestal sign. The first request is to allow a 5-ft. front setback.
Minimum setback for this pedestal sign is 15-ft., Section 144-38C(1). The
second request is to allow a 17-inch pole cover. The pedestal shall not
exceed 8-inches in horizontal direction, Section 144-5.
APPEARANCE: Mary Horbachewski, Financial Director
Ms. Horbachewski explained to the Board that the veterinary center desires to erect a sign closer to the right-of-way to identify their location. She told the Board their operation is open 24-hours a day and that individuals come from all over New York State and from near-by states. She stated that North Buffalo Road was widened during the reconstruction and that the location of the veterinary center will not be easily identified as the building is set back further from the roadway. She feels the center needs visibility, noting that the proposed signage will be illuminated and the proposed decorative pole cover will hide the unsightly metal pole. She told the Board that the address portion of the sign will not 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.
Acting Chairman Liberti stated that he feels a difficulty was created for the applicant when the roadway was widened by the NYS D.O.T.
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.
HOLMWOOD AYE
LIBERTI AYE
METZ AYE
ZAJAC AYE
THE VOTE ON THE MOTION BEING UNANIMOUS, A NEGATIVE DECLARATION IS MADE UNDER SEQR.
Mr. Holmwood made a MOTION, seconded by Mr. Metz, to GRANT the TWO variance requests for the following reasons:
1. There will be no undesirable change to the character of the neighborhood or a detriment or 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 was not self-created.
THE VOTE ON THE MOTION BEING:
HOLMWOOD AYE
LIBERTI AYE
METZ AYE
ZAJAC AYE
THE VOTE ON THE MOTION BEING UNANIMOUS, THE MOTION IS HEREBY PASSED GRANTING BOTH VARIANCE REQUESTS.
3. ZBA File #05-08, Kathleen Roehling, 3145 Baker Road, Zoned R-2 (Part of Farm Lot 467, Township 10, Range 7; SBL#153.15-1-8). Requests an area variance to install a 6-foot high fence in a side street yard. Maximum height of a fence in a side street yard is 3-feet, Section 144-22A(1).
APPEARANCE: Mrs. Roehling, Applicant and property owner
Mrs. Roehling presented and explained to the Board her desire to have a privacy fence to provide a buffer between her property and the newly established subdivision known as “Baker Highlands” to help her with issues of noise, vehicle headlights and trespassers on her property.
Mr. Holmwood stated that he did not feel a three-foot high fence would be adequate in accomplishing what the applicant desires.
Mr. Metz established that the fence will have a gate at one end.
Mr. Zajac established that the fencing will not extend all the way to the back; landscaping will be used at the rear to accomplish further screening of the subdivision.
Acting Chairman Liberti stated that he feels the proposed vinyl fence will provide the privacy the applicant is seeking and that it will also compliment the area.
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. Metz, to GRANT the variance request based on the following:
1. There will be no undesirable change to the character of the neighborhood or a detriment or 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 was not self-created; the applicant became a corner lot with the development of the subdivision.
THE VOTE ON THE MOTION BEING:
HOLMWOOD AYE
LIBERTI AYE
METZ AYE
ZAJAC AYE
THE VOTE ON THE MOTION BEING UNANIMOUS, THE MOTION IS HEREBY PASSED.
4. ZBA File #06-08, Frank & Patricia Booker, 6575 Gartman Road, Zoned A-1 (Part of Farm Lot 9, Township 9, Range 7, SBL#198.00-6-5). Requests an area variance to construct an addition with a 6’ – 6” side setback. Minimum side setback for this A-1 lot is 9-feet, Section 144-20A(2).
APPEARANCE: Mr. Frank Booker, Applicant and property owner
Mr. Booker presented and explained his plans to construct an addition to his existing home to the Board, noting that the location chosen is the best place for the addition. He told the Board that he spoke to his neighbor and that he had not voiced any objections to the variance being requested.
The Board members’ questions established that the addition will match the existing home’s façade.
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. Zajac, to GRANT the variance request based on the following:
1. There will be no undesirable change to the character of the neighborhood or a detriment or 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 self-created; however, this does not preclude the granting of the variance.
THE VOTE ON THE MOTION BEING:
HOLMWOOD AYE
LIBERTI AYE
METZ AYE
ZAJAC AYE
THE VOTE ON THE MOTION BEING UNANIMOUS, THE MOTION IS HEREBY PASSED.
5. ZBA File #07-08, Charles Kowalske, 98 Old Orchard Lane, Zoned R-2 (Sub Lot 24, Map Cover 2450; SBL#184.09-6-4). Requests an area variance to allow a shed with a 7-ft. side setback to remain. Minimum side setback for this accessory structure is 10-ft., Section 144-9B & Section 144-24A(1)(b).
APPEARANCE: Mr. Charles Kowalske, Applicant and property owner
Mr. Kowalske explained that due to health reasons, he was not present when his contractor located his shed on his property. A mistake was made and it was placed on a non-conforming location. He told the Board that it will create a hardship for his family if the shed must be relocated. Mr. Kowalske submitted letters supporting the
variance request from the following neighbors; 97 Old Orchard, 101 Old Orchard, 100 Old Orchard, 61 Candy Lane, 96 Old Orchard and 57 Candy Lane.