ZONING BOARD OF APPEALS OF THE TOWN OF ORCHARD PARK, Erie County, New York, minutes of the September 16, 2008 meeting held in the Basement Public Meeting Room, S4295 South Buffalo Street.
MEMBERS PRESENT: Jo Ann Litwin, Chairwoman
Joseph Liberti
Donald Holmwood
Robert Metz
Richard Zajac
Dwight Mateer, Alternate
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 JULY AND AUGUST, 2008 REGULAR MEETING:
The Chairwoman stated that the minutes were not available and that they will be voted on at the October 21, 2008 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:
LIBERTI AYE
LITWIN AYE
HOLMWOOD AYE
METZ AYE
ZAJAC AYE
MATEER AYE
THE VOTE ON THE RESOLUTION BEING UNANIMOUS, THE RESOLUTION WAS DULY ADOPTED.
NEW BUSINESS
1. ZBA File #27-08, John
Fitzgerald, 7594 E. Quaker Road, Zoned R-1 (Part of Farm Lot 64, Township 9,
Range 7; SBL#162.15-6-9). Requests an Area Variance to replace a 973-sq.ft.
accessory building with a 1,104-sq.ft. accessory building. Accessory area shall
not dominate principal use area, Section 144-5B.
APPEARANCE: Mr. Gerald Shaffer, Architect
Mr. John Fitzgerald, Applicant/Property owner
Mr. Fitzgerald was present in the audience and he gave his verbal permission for Mr. Shaffer to represent him.
Mr. Shaffer explained that Mr. Fitzgerald purchased this property approximately two-years ago and that renovations have been on going; however, he told the Board that Mr. Fitzgerald desires additional space to accommodate exercise equipment and entertainment/recreational room equipment. He noted that there is very little attic storage space in the main dwelling.
The Board members’ questions established that the other buildings on the site are not used for storage; they consist of a work shop, barn, horse arena and a cabin. Mr. Fitzgerald spoke to his neighbors regarding the variance request and they had no objections.
The Chairwoman then asked if there was anyone in the audience who would wish to speak in favor of granting the variance.
(Twice)
Mr. James Fitzgerald
45 Chatham Ct.
Orchard Park, New York 14127
Mr. Fitzgerald stated that he supports the variance request.
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. Zajac, to GRANT the Area Variance request for the following reasons:
1. The change will be positive to the neighborhood; there will be no undesirable change to the character of the neighborhood or a detriment to nearby properties.
2. There will be no adverse effect or impact on the physical or environmental conditions of the neighborhood.
3. The difficulty is some what self-created; but that does not preclude the granting of the variance.
THE VOTE ON THE MOTION BEING:
LIBERTI AYE
LITWIN AYE
HOLMWOOD AYE
METZ AYE
ZAJAC AYE
THE VOTE ON THE MOTION BEING UNANIMOUS, THE MOTION IS HEREBY PASSED.
2. ZBA File #28-08, HDL Property Group, LLC, 3030 Union Road, Zoned B-2 (Part of Farm Lot 461, Township 10, Range 7; SBL#152.12-2-3). Requests an Area Variance to allow vehicle parking in the front yard of a proposed bank building. Vehicle parking is prohibited in the front yard in this B-2 Zone, Section 144-29A(4).
APPEARANCE: Mr. Ralph Lorigo, Attorney
Mr. Lorigo presented plans for the proposed 4,300-sq.ft. Key Bank, stating that his client is requesting a variance for front yard parking. He noted that he had appeared before the Board in April, 2008 requesting the same variance for the proposed “Walgreens” at this site and the Board granted the variance request for that applicant. Mr. Lorigo noted that front yard parking is allowed at the “Original Pancake House”, “Family Video” (former Burger King site) and the other commercial businesses in the area.
The Board members’ questions established that the Andersons building will be demolished and that the proposed Key Bank building is smaller than the existing Andersons building. It was further established that the underground detention is being reviewed by the Orchard Park Town Engineering Department; it will be a part of both parcels.
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, 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
LITWIN AYE
HOLMWOOD AYE
METZ AYE
ZAJAC AYE
THE VOTE ON THE MOTION BEING UNANIMOUS, A NEGATIVE DECLARATION IS MADE UNDER SEQR.
Mr. Liberti made a MOTION, seconded by Mr. Metz, 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 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 some what self-created; but that does not preclude the granting of the variance.
THE VOTE ON THE MOTION BEING:
LIBERTI AYE
LITWIN AYE
HOLMWOOD AYE
METZ AYE
ZAJAC AYE
THE VOTE ON THE MOTION BEING UNANIMOUS, THE MOTION IS HEREBY PASSED.
3. ZBA File #29-08, Woodbridge Contracting Group, 5285/5287 Chestnut Ridge Road, Zoned R-3 (Part of Farm Lot 13, Township 9, Range 7; SBL#185.05-3-11.1). Requests an Area Variance for a proposed multiple dwelling complex on a 4.08-acre parcel. Required minimum lot area is 10-acres, Section 144-9B, Schedule of Height, Lot, Yard & Bulk Regulations.
This item was removed from the agenda at the request of the applicant.
4. ZBA File #30-08, Tom & Jodi Obrochta, 6880 Ward Road, Zoned A-1 (Part of Farm Lot 1, Township 9, Range 7; SBL#198.00-6-22.2). Requests an Area Variance to allow a single family dwelling with a 57.2-ft. front setback. Minimum front setback for this A-1 lot is 75-ft., Section 144-9B, Schedule of Height, Lot, Yard & Bulk Regulations.
APPEARANCE: Mr. Tom Obrochta, Applicant/Property owner
Mr. Obrochta told the Board members that a mistake was made in measuring in the placement of his home. The measurement was taken from the center of the roadway and not the R.O.W.; therefore the home is not in compliance with the front setback.
The Board members’ questions established that Mr. Obrochta had not taken the measurement and that he should have double checked what was told to him; however, the members recognize this as being a mistake. They also noted that the home was very nice.
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 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 some what self-created; but that does not preclude the granting of the variance.
THE VOTE ON THE MOTION BEING:
LIBERTI AYE
LITWIN AYE
HOLMWOOD AYE
METZ AYE
ZAJAC 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 Acting Chairman Liberti adjourned the meeting at 7:52 P.M.
DATED: October 20, 2008 Respectfully submitted,
REVIEWED: October 20, 2008 Rosemary Seivert, Secretary
Zoning Board of Appeals
Jo Ann Litwin, Chairwoman