ZONING BOARD OF APPEALS OF THE TOWN OF ORCHARD PARK, Erie County, New York, minutes of the January 20, 2009 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 DECEMBER, 2008 REGULAR MEETING:

A motion was made by Mr. Metz, seconded by Mr. Liberti, to accept the minutes of the December 16, 2008, 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

LIBERTI                          AYE

HOLMWOOD                   AYE

METZ AYE

ZAJAC                            AYE

THE VOTE ON THE RESOLUTION BEING UNANIMOUS, 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

HOLMWOOD                   AYE

METZ AYE

MATEER                         AYE

ZAJAC                            AYE

NEW BUSINESS

1. ZBA File #01-09, John Kalsak, V/L Hillside Avenue., Zoned R-3 (Sublots 258- 261, Map Cover 860; SBL#152.09-3-47).  Requests a variance to construct a two-family dwelling on a lot with a depth of 135-feet.  Minimum lot depth for a two-family dwelling in this R-3 Zone is 150-ft., Section 144-9B, Schedule of Height, Lot, Yard & Bulk Regulations.

APPEARANCE:  Mr. Kalsak, Applicant

      Mr. Kalsak told the Board that he would like to construct a two-family home at this site; however, he needs a variance for a front yard setback to do so.

      Mr. Mateer confirmed that approximately 50-feet will remain from the rear of the lot to the proposed home.

      Mr. Zajac established that Mr. Kalsak is building the home for his son to reside in and possibly himself.

      The Chairwoman then asked if there was anyone in the audience who would wish to speak in favor of granting the variance.

PROPONENT:

Mr. James Gunning

93 Orchard Avenue

Orchard Park, NY  14127

Mr. Gunning stated that he and his sister are the property owners; he supports the variance request. Although, a variance had been granted in September, 2007 to construct a two-family dwelling, he and his sister must liquidate the property due to personal circumstances.  

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 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; there are already several duplex homes in      the neighborhood.

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 of the neighborhood or district.

5. The difficulty was not self-created; the lot was already 135-feet in depth.

LITWIN                                  AYE

     LIBERTI                               AYE

     HOLMWOOD                        AYE

     METZ                                  AYE

     ZAJAC                                 AYE

                 THE MOTION IS UNANIMOUSLY PASSED.

There being no further business to be presented to the Board at this time Chairwoman Litwin adjourned the meeting at 7:35 P.M.

DATED:         January 21, 2009                                                 Respectfully submitted,

REVIEWED:    January 21, 2009                                         Rosemary Seivert, Secretary

                                                                                                       Zoning Board of Appeals

Jo Ann Litwin, Chairwoman