ZONING BOARD OF APPEALS OF THE TOWN OF ORCHARD PARK, Erie County, New York, minutes of the November 18, 2008 meeting held in the Basement Public Meeting Room, S4295 South Buffalo Street.
MEMBERS PRESENT: Jo Ann Litwin, Chairwoman
Donald Holmwood
Robert Metz
Richard Zajac
Dwight Mateer, Alternate
EXCUSED: Joseph Liberti
OTHERS PRESENT: David Holland, Code Enforcement Officer
J. Michael Wolf, Deputy Town Attorney
Rosemary Seivert, Zoning Board of Appeals 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 OCTOBER, 2008 REGULAR MEETING:
Upon a motion duly made and seconded, the reading of the minutes of the October 21, 2008 Zoning Board of Appeals meeting was unanimously waived as each Board Member had previously received copies.
The Mr. Zajac made a MOTION, seconded by Mr. Mateer to ACCEPT the minutes of the October 21, 2008 Zoning Board of Appeals meeting with the following amendment; Page 3, with regards to ZBA File #32-08, second paragraph from the bottom of the page, Mr. Zajac wishes to clarify that he was establishing that the house and the barn had existed for a long period of time on the property.
THE VOTE ON THE MOTION BEING:
LITWIN AYE
HOLMWOOD ABSTAINED
METZ ABSTAINED
MATEER AYE
ZAJAC AYE
THE MOTION IS UNANIMOUSLY PASSED WITH THE AMENDMENT AS NOTED 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 Chairwoman stated that site inspections of all cases presented tonight were made by:
LITWIN AYE
HOLMWOOD AYE
METZ AYE
MATEER AYE
ZAJAC AYE
THE VOTE ON THE RESOLUTION BEING UNANIMOUS, THE RESOLUTION WAS DULY ADOPTED.
NEW BUSINESS
1. ZBA File #36-08, Joe
DeMarco, 3964 California Road, Zoned I-1 (Part of Farm Lot 32, Township 10,
Range 7; SBL#161.03-1-8) Requests a Use Variance to allow an assembly type
occupancy at this site while maintaining a residence within. Uses permitted in
R-Districts shall not be permitted on the same lot with uses permitted in
I-Districts, Section 144-20D.
APPEARANCE: Mr. Joseph DeMarco, Applicant/Property Owner
Mr. Terry Lovetto, Attorney
Mr. DeMarco told the Board that a tenant resides here to watch over the site due to re-occurring vandalism.
Mr. Mateer established that the structure has always been a residential home.
Mr. Holmwood verified that Mr. DeMarco had owned a farm house, located adjacent to this property, prior to 1990.
Mr. Zajac established that there are police reports on file describing the vandalism that had taken place at this property that Mr. DeMarco spoke of.
Mr. Metz inquired as to how often the site would be used for events. Mr. DeMarco told the Board that the annual “Angel Flight” event may not be held at this location in the future; he concluded by telling the members that it was possible that the site will be used for future Orchard Park Police and/or the Orchard Park Lions Club functions. He indicated that there may be twenty to thirty of these particular events per year, at no charge, to these organizations.
Mr. Lovetto told the Zoning Board members that Town Board approval will be sought for any future use of the site. He further noted that it is not Mr. DeMarco’s intention to use the site commercially as a “grove”.
Mr. Metz established that the residence will not be expanded and that it will remain a one-family residence.
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. 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 UNANIMOUS, A NEGATIVE DECLARATION IS MADE UNDER SEQR.
LITWIN AYE
HOLMWOOD AYE
METZ AYE
MATEER AYE
ZAJAC AYE
Mr. Zajac made a MOTION, seconded by Mr. Holmwood, to GRANT the Use Variance request for the following reasons:
1. Strict application of the regulations will not deprive the applicant of a reasonable return on the property.
2. The hardship is not unique, and does not apply to a substantial portion of the district or neighborhood.
3. The variance will not alter the essential character of the neighborhood.
4. The alleged hardship was not self-created.
THE VOTE ON THE MOTION BEING:
LITWIN AYE
HOLMWOOD AYE
METZ AYE
MATEER AYE
ZAJAC AYE
THE VOTE ON THE MOTION BEING UNANIMOUS, THE MOTION IS HEREBY PASSED.
2. ZBA File #37-08, Steve Krastev, 14 Hillsboro Dr., Zoned R-1 (Sub Lot 5, Map Cover 2431; SBL#185.10-1-9.11) Requests an Area Variance to construct an attached garage
with an 8-foot side setback. Minimum side setback for this R-1 lot is 15-feet, Section 1449-B, Schedule of Height, Lot, Yard and Bulk Regulations.
APPEARANCE: Mr. Steven Krastev, Applicant/Property Owner
Mr. Krastev told the Board members that he would like to construct an attached two-car garage to his existing home to provide additional storage for his family.
The Board members questions established that Mr. Krastev had not spoken to his neighbors with regards to the variance being requested. It was noted that Mr. Krastev did have an existing two-car garage. However, Mr. Krastev told the Board that he needed additional storage space. He assured the Board that the proposed garage would only be used for personal storage and not be used for business. He also stated that a boat located on the property had been recently sold and that it would be removed and not be stored in the proposed garage.
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. Metz made a MOTION, seconded by Mr. Holmwood, to GRANT the Area 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 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.
5. The difficulty is some what self-created; but that does not preclude the granting of the variance.
THE VOTE ON THE MOTION BEING:
LITWIN AYE
HOLMWOOD AYE
METZ AYE
MATEER AYE
ZAJAC AYE
THE VOTE ON THE MOTION BEING UNANIMOUS, THE MOTION IS HEREBY PASSED.
3. ZBA File #38-08, Boston Valley Terra Cotta, 6860 South Abbott Road, Zoned A-1 (Part of Farm Lot 25, Township 9, Range 7; SBL#197.00-1-12.1). Requests a variance to extend a Non-Conforming Use with a 5400-sq. ft. building addition. A Non-Conforming Use may not be extended except within the same building, Section 144-60.
APPEARANCE: No one
The Chairwoman stated that the applicant had asked to be removed from the agenda this evening, and had advised that they would re-schedule at a later date.
There being no further business to be presented to the Board at this time Chairwoman Litwin adjourned the meeting at 7:45 P.M.
DATED: December 9, 2008 Respectfully submitted,
REVIEWED: December 10, 2008 Rosemary Seivert, Secretary
Zoning Board of Appeals
Jo Ann Litwin, Chairwoman