ZONING BOARD OF APPEALS OF THE TOWN OF ORCHARD PARK, Erie County, New York, minutes of the May 19, 2009 meeting held in the Basement Public Meeting Room, S4295 South Buffalo Street.
MEMBERS PRESENT: Jo Ann Litwin, Chairwoman
Donald Holmwood
Joseph Liberti
Robert Metz
Dwight Mateer, Alternate
EXCUSED: Richard Zajac
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 APRIL, 2009 REGULAR MEETING:
A motion was made by Mr. Metz, seconded by Mr. Holmwood, to accept the minutes of the April 21, 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
LIBERTI ABSTAINED
MATEER AYE
METZ 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
HOLMWOOD AYE
LIBERTI AYE
MATEER AYE
METZ AYE
NEW BUSINESS
1. ZBA File #12-09, Edward J. Cwick, 30 Saddle Brook Ct., Zoned R-2 (Sub Lot 14, Map Cover 3331; SBL#153.15-1-34). Requests an Area Variance to erect a shed which will increase lot coverage to 12.4%. Maximum lot coverage for this R-2 lot is 12%, Section 144-9B, Schedule of Height, Lot, Yard & Bulk Regulations.
APPEARANCE: Mr. Edward Cwick, Applicant/Property Owner
Mr. Cwick explained to the Board that his family desires additional storage space.
Mr. Liberti established that the shed will be used strictly for storage.
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. Liberti 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.
2. The request is not substantial.
3. There will be no adverse effect or impact on the physical or environmental conditions of the neighborhood or the district.
4. The difficulty is self-created; this does not preclude the granting of the variance.
THE VOTE ON THE MOTION BEING:
LITWIN AYE
HOLMWOOD AYE
LIBERTI AYE
MATEER AYE
METZ AYE
THE VOTE ON THE MOTION BEING UNANIMOUS, THE VARIANCE IS HEREBY GRANTED.
2. ZBA File 13-09, Donald & Roberta Freedenberg, 10 Sylvan Circle, Zoned R-2 (Sub Lot 37, Map Cover 2584; SBL#184.12-2-6). Requests an Area Variance to erect a shed with a 3-ft. rear setback. Minimum rear setback for this R-2 lot is 10-ft., Section 144-9B, Schedule of Height, Lot, Yard & Bulk Regulations.
APPEARANCE: Mrs. Roberta Freedenberg, Applicant/Property Owner
Mrs. Freedenberg told the Board that her family desires additional storage space. She explained that based on convenience and curb appeal, the proposed location is the best place to erect the shed. She told the Board that her adjacent neighbor, at 20 Sylvan Circle, submitted a letter in support of the variance request as the shed will screen their deck area and provide them with additional privacy.
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. Mateer made a MOTION, seconded by Mr. Liberti, to GRANT the Area Variance based on the following:
1. There will be no undesirable change in the character of the neighborhood or a detriment to nearby properties.
2. The benefit sought cannot be achieved in another way, other than 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
LIBERTI AYE
MATEER AYE
METZ AYE
THE VOTE ON THE MOTION BEING UNANIMOUS, THE VARIANCE IS HEREBY GRANTED.
3. ZBA File #14-09, Paul & Cynthia Nowakowski, 64 Briar Hill Road, Zoned R-1 (Sub Lot 166, Map Cover 2305; SBL#173.20-6-15). Requests an Area Variance to construct a covered porch with a 43.6-ft. front setback. Minimum front setback for this R-1 lot is 50-ft. Section 144-9B, Schedule of Height, Lot, Yard & Bulk Regulations.
APPEARANCE: Mr. Paul Nowakowski, Applicant/Property Owner
Mr. Nowakowski told the Board that he desires to erect a covered porch upon a cement pad; he does not feel this will be a detriment to the neighborhood.
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. 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 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 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
LIBERTI AYE
MATEER AYE
METZ AYE
THE VOTE ON THE MOTION BEING UNANIMOUS, THE VARIANCE IS HEREBY GRANTED.
The Chairwoman made a MOTION, seconded by Mr. Metz to change the Boards work session meeting time to at 6:30 P.M. on the third Tuesday of each month and the meeting time to 7:00 P.M.
THE VOTE ON THE MOTION BEING:
LITWIN AYE
HOLMWOOD AYE
LIBERTI AYE
MATEER AYE
METZ AYE
THE VOTE ON THE MOTION BEING UNANIMOUS, THE MOTION IS HEREBY GRANTED.
There being no further business to be presented to the Board at this time Chairwoman Litwin adjourned the meeting at 7:44 P.M.
DATED: June 9, 2009 Respectfully submitted,
REVIEWED: June 9, 2009 Rosemary Seivert, Secretary
Zoning Board of Appeals
Jo Ann Litwin, Chairwoman