Zoning Board of Appeals
Village of Orchard Park
May 20, 2015
Minutes
Village of Orchard Park
Zoning Board of Appeals
May 20, 2015
The Village of Orchard Park Zoning Board of Appeals held a meeting on Wednesday, August 20, 2014 at the Municipal Center, 4295 South Buffalo Street, Orchard Park, New York.
Chairman Ted Pieczonka called the meeting to order at 7:04 P.M. and stated, "If anyone appearing before the Board is related thru family, financial or business relationship with any member of the Board, it is incumbent upon him to make it known under the New York State Law and the Village Code of Ethics."
Members present: Others present:
Chairman - Ted Pieczonka Jeffrey Sweet, Code Enforcement Officer
Amy Glowczynski David Rood, Trustee
Gary Phillips Christine Hanavan, Secretary
David Obrochta Jo Ann Litwin Clinton, Mayor
Steve Snyder
Members absent:
William Riter
Chairman Pieczonka then stated, "All persons making an appeal before this Board will be heard in accordance with the applicable laws of the State of New York and the Village of Orchard Park. 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 Village Clerk."
Moved by Steve Snyder, seconded by Amy Glowczynski to approve the minutes of the August 20, 2014, meeting.
The vote on the motion being:
Ted Pieczonka Yes
Amy Glowczynsk YES
Gary Phillips YES
David ObrOchta YES
Steve Snyder YES
The motion was Passed.
Chairman Pieczonka asked if site inspections for all cases presented were made by all Board members:
Ted Pieczonka YES
Amy Glowczynski YES
Gary Phillips YES
David Obrochta YES
Steve Snyder YES
ZBA Referral
Jack Hoyler
6227 Armor Road
Orchard Park, NY 14127
SBL #172.16-4-2
Applicant is requesting a variance to Chapter 225 Schedule II: Height, Lot, Yard and Bulk regulations in order to subdivide an existing lot into two lots.
Applicant is requesting permission to create a lot with a width of 90 feet. The code stipulates that the minimum width of a lot is 100 feet in an R-1 zone.
Applicant is requesting permission to create a second lot with a width of 66.42 feet and an area of 11,092 square feet. The code stipulates that the minimum width of a lot is 100 feet in an R-1zone. The code also stipulates the minimum area of a lot is 15,000 square feet in an R-1 zone.
APPEARANCE: Jack Hoyler
DISCUSSION: Mr. Hoyler explained why he needed the variance to divide the property. He would like to sell the property which contains the house and driveway up to the tree line thus creating a lot width of 90 feet. The creation of a second lot (66.42 feet) would allow him access to that section of the property with the intention of cleaning it up. Steve Snyder is concerned about the environmental effects in creating two lots. Jeff stated there is a drainage problem there but will not change the environmental impact.
The Chairman asked three times if there was anyone in the audience who would like to speak in favor of granting the variance. There were none.
The Chairman asked if there was anyone in the audience who would like to speak against granting the variance. There were four individuals who wished to speak.
1. Gary Nosowicz who resides at 6207 Armor Rd. lives adjacent to Mr. Hoyler. He is concerned Mr. Hoyler will build another house on the smaller of the two lots. He feels there should never be another house built on the property being discussed. He is concerned that Mr. Hoyler does not live on the property and stated there is a drainage issue spilling onto the street.
2. Carol Prabucki who resides at 6251 Armor Rd. lives on the other side of Mr. Hoyler. Her objection is that he is requesting variances that are very far out of code. She also has concerns regarding the standing water on the property.
3. Barry Anderson who resides at 6236 Armor Rd. lives across the street from Mr. Hoyler. He states the house has been vacant for two years and the passing of this variance won’t help the property values and will not add to the look of the property. His primary issue is the possibility of building on the second lot.
4. Mark Stevens who resides at 5028 S Freeman Rd. purchased a home at 6226 Armor Rd. He is concerned the landscape of the neighborhood will change.
The Chairman then asked if the Secretary had received any communications either for, or against, granting the variance. The Secretary stated no communications have been received.
Steve Snyder made a motion, seconded by Gary Phillips in favor of granting the request for a variance to Chapter 225 Schedule II in order to subdivide an existing lot into two lots.
FINDING OF FACTS ATTACHED.
The vote on the motion being:
Ted Pieczonka YES
amy Glowczynski YES
Gary Phillips YES
David Obrochta YES
Steve Snyder NO
The motion was passed.
Steve Snyder made a motion, seconded by Amy Glowczynski in favor of granting the request for
a variance to create a lot with a width of 90 feet.
FINDING OF FACTS ATTACHED.
THE VOTE ON THE MOTION BEING:
TED PIECZONKA YES
AMY GLOWCZYNSKI YES
GARY PHILLIPS YES
DAVID OBROCHTA YES
STEVE SNYDER NO
THE MOTION WAS PASSED.
Gary Phillips made a motion, seconded by Amy Glowczynski in favor of granting the request for
a variance to create a second lot with a width of 66.42 feet and an area of 11,092 square feet.
FINDING OF FACTS ATTACHED.
THE VOTE ON THE MOTION BEING:
TED PIECZONKA YES
AMY GLOWCZYNSKI YES
GARY PHILLIPS YES
DAVID OBROCHTA YES
STEVE SNYDER NO
THE MOTION WAS PASSED.
Moved by Gary Phillips, seconded by Steve Snyder to adjourn at 7:28 p.m.
The vote on the motion being:
Ted Pieczonka YES
amy glowczynski YES
Gary Phillips YES
David Obrochta YES
Steve Snyder YES
The motion was passed.
Respectfully submitted, Chairman's Approval:
Christine Hanavan
Secretary
Date:
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