ZONING BOARD OF APPEALS OF THE TOWN OF ORCHARD PARK, Erie County, New York, minutes of the May 20, 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, Deputy 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 MARCH 18, 2008 REGULAR MEETING:
Mr. Liberti made a MOTION, seconded by Mr. Metz to ACCEPT the minutes of the March 18, 2008 meeting as amended by the Board; Page one at the top of the page delete “January 15” and insert “March 18”.
THE VOTE ON THE MOTION BEING:
LITWIN ABSTAINED (was not present)
LIBERTI AYE
HOLMWOOD AYE
METZ AYE
ZAJAC AYE
THE VOTE IS UNANIMOUSLY PASSED
The April meeting minutes were not available and they will be voted on at the next 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
LIBERTI AYE
HOLMWOOD AYE
METZ AYE
ZAJAC AYE
MATEER AYE
NEW BUSINESS
1. ZBA File #12-08, Full
Gospel Tabernacle, 3160 Southwestern Blvd., Zoned B-2 (Part of Farm Lot 461, Township 10, Range 7; SBL#152.12-4-7). Requests an area variance to
construct a 640-sq. ft. shed/storage building. Accessory structures in this B-2 Zone shall be no larger than 120 sq. ft., Section 144-24B.
APPEARANCE: John Hogenmiller, applicant
Mr. Hogenmiller explained to the Board that the Royal Ranges/Boy Scouts need a centralized storage space area. Presently, their items are stored in various locations scattered all over the property. The proposed shed will be a “Duro Shed” brand, with vinyl siding.
The members’ questions established that there will be no windows on the first floor of the structure, the doors will be reinforced and there will be no electricity in the structure. The existing parking lot lighting will illuminate the area occupied by the shed. Mr. Hogenmiller told the Board that it is not feasible to construct an addition to the existing building due to interference with the roadway/driveways; he feels this is the best option.
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. 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 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 #13-08, Harvest Hill Golf Course, 3052 Old Transit Road, Zoned R-2 (Part of Farm Lot 399, Township 10, Range 7; SBL#153.08-2-6.11). Requests a variance to allow (2) building face signs and (1) freestanding sign on this parcel. Signs permitted in this R-2 Zone do not include these existing signs, Section 144-37.
APPEARANCE: Mr. Paul Gardner, HB Cornerstone
Mr. Gardner presented and explained the proposed signage request for the golf course, noting that the signs have been erected in the effort to assist the public in way finding.
The three (3) signs that have been put in place were described. The Board members established that; signage is not illuminated; it is possible that the signage and the location of the signage may be changed in the future; the signage being used may not be the final design.
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.
OPPONENT:
Mr. Kempf
7752 Michael Road
Orchard Park, New York 14127
Mr. Kempf questions why the golf course is the exception to the rule and was allowed to erect signs without having a permit.
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.
Ms. Litwin stated that she feels that the petitioner is in the beginnings of designing the signs and she does not feel the signs will be permanent. Mr. Gardner told the Board that he will be applying to both the Conservation and Planning Boards for site plan approvals.
Mr. Zajac established that any change in signage approved by the Zoning Board of Appeals will mandate that the applicant return to the Board for review and approval of the new signage.
Mr. Liberti made a motion, seconded by Mr. Zajac, 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:
LITWIN AYE
LIBERTI AYE
HOLMWOOD 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 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 not self-created; this does not preclude the granting of the variance.
This variance is granted with the following stipulation:
1. The applicant is to return to the Planning Board within 24-months for a concept review.
THE VOTE ON THE MOTION BEING:
LITWIN AYE
LIBERTI NAY
HOLMWOOD AYE
METZ AYE
ZAJAC AYE
THE VOTE ON THE MOTION BEING FOUR (4) IN FAVOR AND ONE (1) AGAINST, THE MOTION IS PASSED WITH A STIPULATION.
3. ZBA File #14-08, Jack Bertsch, 5758 Big Tree Road, Zoned I-1 (Part of Farm Lot 31, Township 9, Range 7; SBL#172.07-1-1). Requests a variance to allow a freestanding
sign with a 6-ft. R.O.W. setback to remain. Minimum R.O.W. setback for this freestanding sign is 10-ft., Section 144-38B(1).
APPEARANCE: Mr. Jack Bertsch, Applicant, property owner
Mr. Bertsch told the Board that he had assumed that “Visual Impact Signs of East Aurora, New York” knew the Town Code when they installed the sign that he had ordered from their firm. He explained that he was out of town when the installation was performed. He had the installer move the sign but the utility lines interfered with locating it and the sign is still non-conforming. It was established that the sign, if moved to a conforming location, it would be approximately twenty-feet from the roadway and have not purpose.
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. Liberti made a MOTION, seconded by Mr. Metz, 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 request is not substantial.
3. There will be no adverse effect or impact on the physical or environmental conditions of the neighborhood.
4. The difficulty is self-created; this 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.
4. ZBA File #15-08, Donald J. Schutt, 168 Thorn Avenue Zoned B-2 (Part of Farm Lot’s 15 & 23, Township 9, Range 7; SBL#172.08-4-21). Requests an area variance to construct an addition with a 5-ft. rear setback. Minimum rear setback in this B-1 Zone is 20-ft., Section 144-9B, Schedule of Height, Lot, Yard & Bulk Regulations.
The Chairwoman recused herself from this case due to a business relationship.
APPEARANCE: Mr. Donald J. Schutt, Applicant, Graph-Con, Inc.
Mr. Matt Schutt, Applicant, Graph-Con, Inc.
Acting Chairman Joseph Liberti asked the petitioner to explain his request to the Board members. Mr. Donald Schutt told the Board that the growth of his business has led to the need to requesting that an addition be made to the existing building. He told the Board that he has spoken to his neighbors and that no one has voiced objections to him regarding the variance request.
Mr. Zajac expressed a concern regarding the closeness of the addition to the railroad tracks; however, Mr. Donald Schutt told the Board that the tracks do not concern him.
Mr. Holmwood established that there is adequate parking at the site. Mr. Donald Schutt told the Board that there are six-employees and that the business has no walk-in trade.
Mr. Mateer verified that the location of the proposed addition is the best possible location at the site.
The Acting Chairman then asked if there was anyone in the audience who would wish to speak in favor of granting the variance.
Mrs. Donald Schutt
168 Thorn Avenue
Orchard Park, New York 14127
Mrs. Schutt stated that she 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.
Mr. Zajac noted that the location chosen is the only way to create the expansion.
Mr. Zajac made a motion, seconded by Mr. Mateer, 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:
LITWIN RECUSED
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. 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 self-created; this does not preclude the granting of the variance.
THE VOTE ON THE MOTION BEING:
LITWIN RECUSED
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 8:08 P.M.
DATED: June 10, 2008 Respectfully submitted,
REVIEWED: June 10, 2008 Rosemary Seivert, Secretary
Zoning Board of Appeals
Jo Ann Litwin, Chairwoman