ZONING BOARD OF APPEALS OF THE TOWN OF ORCHARD PARK, Erie County, New York, minutes of the April 21, 2009 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 7:31 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, 2009 REGULAR MEETING:
A motion was made by Mr. Mateer, seconded by Mr. Zajac, to accept the minutes of the March 17, 2009, Zoning Board meeting and the reading of these minutes is hereby dispensed with as each member of the Board has previously received copies thereof.
THE VOTE ON THE RESOLUTION BEING:
LITWIN AYE
HOLMWOOD ABSTAINED
MATEER AYE
METZ AYE
ZAJAC AYE
THE VOTE ON THE RESOLUTION BEING FOUR (4) IN FAVOR AND ONE (1) ABSTENTION, THE RESOLUTION WAS DULY ADOPTED.
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
METZ AYE
MATEER AYE
ZAJAC AYE
NEW BUSINESS
1. ZBA File #07-09, Chuck Roskow, 3414 Orchard Park Road, Zoned B-4 (Sub Lot 11, Map Cover 1487; SBL#152.20-2-22.1). Requests a variance to construct an addition with a 30-ft. front setback. Minimum front setback in this B-4 Zone is 50-ft., Section 144-9B, Schedule of Height, Lot, Yard and Bulk Regulations. Extension of Non-Conforming Use, Section 144-60.
APPEARANCE: Mr. Roskow, Applicant/Property Owner
Mr. Roskow explained his need to expand his home and told the Board that the proposed location is the best possible choice. He noted that the roadway had been widened by the Town and that some of his property had been taken to accomplish this, altering the front setback area.
The Chairwoman then asked if there was anyone in the audience who would wish to speak in favor of granting the variance.
PROPONENT
Mr. Anthony Turton
3438 Orchard Park Road
Orchard Park, New York 14127
Mr. Turton stated that he supports the variance request and that he is impressed with the proposed plans for the addition to the existing home.
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. Zajac, to GRANT the Area Variance request for the following reasons:
1. There will be no undesirable change in the character of the neighborhood or a detriment to nearby properties created.
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 AYE
HOLMWOOD AYE
MATEER AYE
METZ AYE
ZAJAC AYE
THE VOTE ON THE MOTION BEING UNANIMOUS, THE VARIANCE IS HEREBY GRANTED.
2. ZBA File #08-09, Kevin Freeman, 7189 Reserve Road, Zoned B-2 (Part of Farm Lot 410, Township 10, Range 7; SBL#153.06-1-21.1). Requests an Area Variance to replace a detached garage with a pole barn, thus creating a dominating accessory area. Accessory area shall not dominate principal use area, Section 144-5B. Extension of Non-Conforming Use, Section 144-60.
APPEARANCE: Mr. & Mrs. Kevin Freeman, Applicants/Property Owners
Mr. & Mrs. Freeman presented photos of the existing building they use to store their vehicles and personal items in and told the Board that they would like a larger building.
Mr. Metz established that the proposed building will be large enough to accomplish their goal.
Mr. Zajac established that the automotive hydraulic lift to be installed in the building will be strictly for personal use only.
The Chairwoman then asked if there was anyone in the audience who would wish to speak in favor of granting the variance.
PROPONENT
Mrs. Connie Freeman
4835 Jewett Holmwood Road
Orchard Park, New York 14127
Mrs. Freeman stated that she supports the variance request. She told the Board members that the applicants need the additional storage space.
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 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.
THE VOTE ON THE MOTION BEING:
LITWIN AYE
HOLMWOOD AYE
MATEER AYE
METZ AYE
ZAJAC AYE
THE MOTION IS UNANIMOUSLY PASSED.
Mr. Zajac made a MOTION, seconded by Ms. Litwin, to GRANT the Area Variance request for the following reasons:
1. There will be no undesirable change in the character of the neighborhood or a detriment to nearby properties created.
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 the district.
6. The difficulty is self-created; this does not preclude the granting of the variance.
THE VOTE ON THE MOTION BEING:
LITWIN AYE
HOLMWOOD AYE
MATEER AYE
METZ AYE
ZAJAC AYE
THE VOTE ON THE MOTION BEING UNANIMOUS, THE VARIANCE IS HEREBY GRANTED.
3. ZBA File #09-09, Bryan Balk, 5785 Cole Road, Zoned A-1 (Part of Farm Lot 59, Township 9, Range 7; SBL#185.04-1-15). Requests an Area Variance to construct a pole barn with a 10-ft. side setback. Minimum side setback for this A-1 lot is 20-ft., Section 144-9B, Schedule of Height, Lot, Yard and Bulk Regulations.
APPEARANCE: Thomas C. Balk, representing his son, Bryan Balk
Mr. Thomas Balk presented a letter to the Board members authorizing him to represent his son, Bryan, at this evening’s meeting.
Mr. Balk stated that his son would like to erect a pole barn and have the barn align with the existing driveway. He told the Board that his son had discussions with the area neighbors; however, Mr. Balk understands that a communication was sent to the Zoning Board from Mr. Emerick residing at 5765 Cole Road.
Chairman Litwin noted that Mr. Emerick submitted a letter today indicating he has concerns about the 10-foot request. He requests that the Board grant a 15-feet side setback as a compromise.
Mr. Emerick told the Board that he does not feel the 10-foot request will change the character of the neighborhood and he explained to the Board his son’s need for the proposed pole barn.
Mr. Mateer asked for clarification of what would be “aligning with the driveway”. Mr. Balk explained that his son would like to be able to drive directly back to the pole barn’s front door.
Mr. Metz asked if it would be possible to re-position the door, 5-feet one way or another, to accommodate a 15-foot off-set.
Mr. Balk was not sure.
The 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 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 Chairman then asked if the Secretary had received any additional communications either for, or against, granting the variance.
The Secretary stated no other communications have been received.
The Board members discussed the proposed compromise with regards to the side setback.
Mr. Balk noted that, ideally, his son would like to have the requested 10-foot side setback.
Mr. Zajac made a MOTION, seconded by Mr. Metz, to GRANT the Area Variance request with a STIPULATION for the following reasons:
1. There will be no undesirable change in the character of the neighborhood or a detriment to nearby properties created.
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 the district.
5. The difficulty is self-created; this does not preclude the granting of the variance.
This request is granted with the following stipulation:
1. The side setback is to be 15-feet.
THE VOTE ON THE MOTION BEING:
LITWIN AYE
HOLMWOOD AYE
MATEER AYE
METZ AYE
ZAJAC AYE
THE VOTE ON THE MOTION BEING UNANIMOUS, THE VARIANCE IS HEREBY GRANTED WITH A 15-FT. SIDE SETBACK.
4. ZBA File #10-09, Raymond Norton, 7920 Michael Road, Zoned R-2 (Part of Farm Lot 399, Township 10, Range 7; SBL#154.09-1-4). Requests an Area Variance to construct a garage/storage building thus creating a dominating accessory area. Accessory area shall not dominate principal use area, Section 144-5B. Note: On 12/2/08 Mr. Norton lost a 30-ft. x 30-ft. detached garage to fire.
APPEARANCE: Mr. Raymond Norton, Applicant/Property Owner
Mr. Norton told the Board that he would like to construct a 30-ft. by 50-ft. garage to replace his garage that was destroyed in a fire. The proposed garage is slightly larger than the original one; however, Mr. Norton told the Board he requires additional space for his hobby of restoring antique automobiles. He submitted a petition signed by 13- neighbors supporting the variance request. Chairman Litwin asked that the Secretary enter this document into the permanent file.
Mr. Zajac established that for ascetic reasons, the proposed building will have a porch. In addition, Mr. Norton told the Board that the building will match the existing home.
The Chairwoman then asked if there was anyone in the audience who would wish to speak in favor of granting the variance.
PROPONENT
Mr. Bryan Ruestow
7901 Michael Road
Orchard Park, New York 14127
Mr. Ruestow stated that he is in favor of the 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 no communications have been received.
Mr. Mateer made a MOTION, seconded by Mr. Holmwood, to GRANT the Area Variance
for the following reasons:
1. There will be no undesirable change in the character of the neighborhood or a detriment to nearby properties created.
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 the district.
5. The difficulty is self-created; this does not preclude the granting of the variance.
THE VOTE ON THE MOTION BEING:
LITWIN AYE
HOLMWOOD AYE
MATEER AYE
METZ AYE
ZAJAC AYE
THE VOTE ON THE MOTION BEING UNANIMOUS, THE VARIANCE IS HEREBY GRANTED.
5. ZBA File #11-09, Southtowns Tennis Center, 75 Mid County Drive Zoned I-1 (Part of Farm Lot 25, Township 10, Range 7; SBL#161.07-5-31). Requests an Area Variance to construct an addition which will increase lot coverage to 58.4%. Maximum lot coverage in this I-1 Zone is 40%, Section 144-9B, Schedule of Height, Lot, Yard & Bulk Regulations.
APPEARANCE: Mr. Jim Bammel, Architect
Mr. Jack Ruh, Applicant
Mr. Bammel presented an aerial photograph of the site to the members for their review. He explained to the Board that the proposed addition had been part of the original site plan in 1972 when the building was constructed.
Mr. Holmwood questioned the number of parking spaces that were proposed for the site and Mr. Bammel told the Board that studies conducted indicate that 81-parking spaces would be sufficient. They are proposing 82-parking spaces.
Mr. Mateer confirmed with Mr. Bammel that there is a dumpster at the site and Mr. Bammel told the Board that the location of the dumpster will remain the same. Mr. Mateer questioned vehicle access on the east and south sides of the building. Mr. Bammel noted that a turn-around area may need to be put in.
Mr. Zajac established that the proposed building will be slighting wider than the existing one; the proposed building will be 140-feet wide and the existing one is 120-feet wide.
Mr. Metz discussed drainage concerns at the site and Mr. Bammel told the Board that the site will be conforming to today’s standards.
The 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 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 Chairman then asked if the Secretary had received any additional communications either for, or against, granting the variance.
The Secretary stated no communications have been received.
Chairman Litwin noted that she was advised by Planning Coordinator Remy Orffeo that during their concept reviews of this project, both the Planning and Conservation Boards have had a positive outlook regarding this project.
Mr. Holmwood 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 UNANIMOUS, A NEGATIVE DECLARATION IS MADE UNDER SEQR.
THE VOTE ON THE MOTION BEING:
LITWIN AYE
HOLMWOOD AYE
MATEER AYE
METZ AYE
ZAJAC AYE
THE MOTION IS UNANIMOUSLY PASSED.
Ms. Litwin made a MOTION, seconded by Mr. Metz, to GRANT the Area Variance for the following reasons:
1. There will be no undesirable change in the character of the neighborhood or a detriment to nearby properties created. The property is wooded and well screened at the rear.
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. This will help our community; there are presently no nearby indoor soccer fields in our area.
5. The difficulty is self-created; this does not preclude the granting of the variance.
THE VOTE ON THE MOTION BEING:
LITWIN AYE
HOLMWOOD AYE
MATEER AYE
METZ AYE
ZAJAC AYE
THE VOTE ON THE MOTION BEING UNANIMOUS, THE VARIANCE IS HEREBY GRANTED.
There being no further business to be presented to the Board at this time Chairwoman Litwin adjourned the meeting at 8:05 P.M.
DATED: May 12, 2009 Respectfully submitted,
REVIEWED: May 13, 2009 Rosemary Seivert, Secretary
Zoning Board of Appeals
Jo Ann Litwin, Chairwoman