ZONING BOARD OF APPEALS OF THE TOWN OF ORCHARD PARK, Erie County, New York, minutes of the June 16, 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 7:00 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 MAY, 2009 REGULAR MEETING:
A motion was made by Mr. Mateer, seconded by Mr. Metz, to accept the minutes of the May 19, 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 AYE
MATEER AYE
METZ AYE
ZAJAC ABSTAINED
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
HOLMWOOD AYE
MATEER AYE
METZ AYE
ZAJAC AYE
NEW BUSINESS
1. ZBA File #15-09, Jeffrey J. Ruczkowski, 19 Timothy Drive, Zoned R-1 (Sub Lot 23, Map Cover 2284; SBL#173.17-2-50). Requests an Area Variance to erect a shed with a 5-ft. side setback and 6-ft. rear setback. Minimum side and rear setback for this R-1 lot is 15-ft. Section 144-9B, Schedule of Height, Lot, Yard & Bulk Regulations.
APPEARANCE: Mr. Jeffrey J. Ruczkowski, Applicant/Property Owner
Mr. Ruczkowski told the Board that, for aesthetic purposes, he would like to locate the proposed shed in the right-hand corner of his property. He explained that if he were to place the shed in the center of the yard he would be forced to cut down several mature trees. The proposed shed will be placed on crushed stone and be moveable. Mr. Ruczkowski indicated that he spoke to both his two adjacent neighbors and they did not object to the variance request.
Mr. Zajac established that the rear neighbor had not been contacted by Mr. Ruczkowski and that Mr. Ruczkowski felt the area was screened by the existing wooded area.
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 other than the two correspondences that were received prior to the hearing; these are now part of the permanent record supporting the variance request.
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 in the character of the neighborhood or a detriment to the nearby properties.
2. The benefit sought cannot be achieved in any other 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; the mature trees existed prior to the request.
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 16-09, Chet Kruska Service & Samcoe Recreational Vehicles, 3536 Southwestern Blvd., Zoned I-1 (Part of Farm Lot 22, Township 10, Range 7; SBL#161.07-7-4). Requests a Use Variance to offer sales and service of R.V.s at this site. Permitted uses in this I-1 Zone do not include franchised dealerships. Section 144-9A, Schedule of Use Controls.
APPEARANCE: Michael Glair, Samcoe representative/employee
William Bogner, Samcoe representative
Mr. Glair presented photos for the Board to review and explained the proposed project, noting that the site will be cleaned-up.
Mr. Zajac established that the Samcoe Transit Road location will relocate to this site and that there will be no service work offered here.
Mr. Mateer established that the vehicles will be for sale at the site; however they will not require a front row presence as sales are mostly gained through repeat customers.
The applicants discussed the signage that they intend to erect at the site and Ms. Litwin noted that they will need to return to the Zoning Board of Appeals for a variance.
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.
Mr. Zajac 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:
LITWIN AYE
HOLMWOOD AYE
MATEER AYE
METZ AYE
ZAJAC 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 Area Variance request for the following reasons:
1. Strict application of the regulations will deprive the applicant of a reasonable return on the property, provided that lack of return is substantial as demonstrated by competent financial evidence.
2. The hardship is 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
MATEER AYE
METZ AYE
ZAJAC AYE
THE VOTE ON THE MOTION BEING UNANIMOUS, THE VARIANCE IS HEREBY GRANTED.
3. ZBA File #17-09, R.W. Construction, 65 Mid County Drive, Zoned I-1 (Part of Farm Lot 25, Township 10, Range 7; SBL#161.07-5-33. Requests a variance to expand parking into the front yard. Vehicle parking is prohibited in the front yard in this I-1 Zone. Section 144-29-A(4).
APPEARANCE: Mr. James Bammel, Architect
Mr. Bob Williams, Applicant/ Property Owner
Mr. Bammel presented the plans for the proposed project and told the Board that the applicants would like to locate ten (10) parking spaces in the front yard. He did not feel this would be out of character for the neighborhood as the two adjacent properties have front yard parking.
Mr. Zajac established that there is no room at the back of the property to locate the additional parking spaces.
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.
Mr. Metz 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
HOLMWOOD AYE
MATEER AYE
METZ AYE
ZAJAC AYE
THE VOTE ON THE MOTION BEING UNANIMOUS, A NEGATIVE DECLARATION IS MADE UNDER SEQR.
Mr. Mateer made a MOTION, seconded by Mr. Holmwood, 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 the nearby properties.
2. The benefit cannot be achieved in any other way than through the granting of the variance.
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.
Chairwoman Litwin noted that each Zoning Board of Appeals member has received a copy of the Town of Orchard Park Comprehensive Plan; she asks that they take the document home and read it.
There being no further business to be presented to the Board at this time Chairwoman Litwin adjourned the meeting at 7:18 P.M.
DATED: July 6, 2009 Respectfully submitted,
REVIEWED: July 6, 2009 Rosemary Seivert, Secretary
Zoning Board of Appeals
Jo Ann Litwin, Chairwoman