Zoning Board of Appeals

Village of Orchard Park

November 18, 2015

Minutes

Village of Orchard Park

Zoning Board of Appeals

November 18, 2015

The Village of Orchard Park Zoning Board of Appeals held a meeting on Wednesday, November 18, 2015 at the Municipal Center, 4295 South Buffalo Street, Orchard Park, New York.

Chairman Ted Pieczonka called the meeting to order at 7:00 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 David Rood, Trustee

Steve Snyder Christine Hanavan, Secretary

Gary Phillips

Amy Glowczynski

Dave Obrochta

Members absent:

William Ritter

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 Dave Obrochta to approve the minutes of the September 16, 2015, meeting.

The vote on the motion being:

Ted Pieczonka YES

Steve Snyder YES

Gary Phillips YES

amy glowczynski YES

Dave Obrochta YES

The motion was Passed.

Chairman Pieczonka asked if site inspections for all cases presented were made by all Board members:

Ted Pieczonka YES

Steve Snyder yes

Gary Phillips yes

Amy Glowczynski yes

Dave Obrochta yes

ZBA Referral

32 & 36 Linwood LLC

4254 N Buffalo St.

Orchard Park, NY 14127

SBL #162.17-1-13

Applicant is requesting a variance to Section 225-17(A)(2) Off Street Parking

Applicant is requesting permission to renovate an existing structure into an eating and drinking establishment with 7 parking spaces. Code requires 16 parking spaces.

APPEARANCE: Jim Bammel, Bammel Architects

DISCUSSION: Jim explained that the proposal is to build a ballroom with service bar. There would also be two additional public bathrooms. The second floor would be converted from apartments to office space. There would be basement access from the rear of the building.

The Chairman asked three times if there was anyone in the audience who would like to speak in favor of granting the variance. Mr. Tom Morrow, representing W.G. Arthurs and Mr. Kevin Moran, resident spoke in favor of granting the variance.

The Chairman asked if there was anyone in the audience who would like to speak against granting the variance. There were none.

The Chairman then asked if the Secretary had received any communications either for, or against, granting the variance. The Secretary stated the Planning Board made a positive referral to the ZBA and received approval from Erie County Division of Planning.

Gary Phillips made a motion, seconded by Steve Snyder in favor of granting the request for a variance to Section 225—17(A)(2) Off Street Parking and permission to renovate an existing structure into an eating and drinking establishment with 7 parking spaces the code requiring 16 parking spaces.

FINDING OF FACTS ATTACHED.

The vote on the motion being:

Ted Pieczonka YES

Steve Snyder YES

Gary Phillips YES

amy Glowczynski YES

Dave Obrochta YES

The motion was passed.

ZBA Referral

Mark Stevens

6226 Armor Duells Road

Orchard Park, NY 14127

SBL #172.16-3-41

Applicant is requesting a variance to Schedule II – Height, Lot, Yard and Bulk Regulations.

Applicant is requesting permission to build a front porch in a required front yard with a front setback of 41.47 feet. The existing front setback is 45.47 feet. The code stipulates that a front yard setback in an R1 zone must be 35 feet or existing whichever is greater.

APPEARANCE: Jim Bammel, Bammel Architects

Mark Stevens

DISCUSSION: Jim explained the front porch will be a facelift and improvement to the home. It will have an added second floor with a small stoop projection.

The Chairman asked three times if there was anyone in the audience who would like to speak in favor of granting the variance. Mr. Kevin Moran, resident and Mr. Tom Morrow, representing W.G. Arthurs spoke in favor of granting the variance.

The Chairman asked if there was anyone in the audience who would like to speak against granting the variance. There were none.

The Chairman then asked if the Secretary had received any communications either for, or against, granting the variance. The Secretary stated the Planning Board made a positive referral to the ZBA and no other communications have been received.

Amy Glowczynski made a motion, seconded by Dave Obrochta in favor of granting permission to build a front porch in a required front yard with a front setback of 41.47 feet. The existing front setback is 45.47 feet. The code stipulates that a front yard setback in an R1 zone must be 35 feet or existing whichever is greater.

FINDING OF FACTS ATTACHED

THE VOTE ON THE MOTION BEING:

Ted Pieczonka YES

Steve Snyder YES

Gary Phillips YES

amy Glowczynski YES

Dave Obrochta YES

The motion was passed.

ZBA Referral

173.05-1-11

A New York Corporation

60 Bank Street

Orchard Park, NY 14127

SBL #172.12-1-26

Applicant is requesting a variance to Chapter 225 Schedule II – Height, Lot, Yard and Bulk Regulations. Applicant is requesting permission to construct a new building with a left side yard setback of 5 feet, a rear yard setback of 0 feet and a right side yard setback of 8 feet 1 inch. The code stipulates a minimum side yard setback of 10 feet and a minimum rear yard setback of 30 feet.

Applicant is also requesting a variance to Chapter 225 Article 225-11, C1, Open Space. Applicant is requesting permission to construct a new building in both required side yards and the required rear yard. The code stipulates that every part of a required yard must be open to the sky unobstructed.


APPEARANCE: Jim Bammel, Bammel Architects

DISCUSSION: Jim Bammel explained the site conditions. Mr. Capriotto needs this size storage facility to store equipment, front loader, snow plows etc. He wants to build up to the railroad property line. The building code would be rated. All traffic can circulate among current buildings. All current residents were favorable.

The Chairman asked three times if there was anyone in the audience who would like to speak in favor of granting the variance. Tom Morrow, representing W G Arthur and Kevin Moran, resident were in agreement with everything proposed.

The Chairman asked if there was anyone in the audience who would like to speak against granting the variance. There were none.

The Chairman then asked if the Secretary had received any communications either for, or against, granting the variance. The Secretary stated the Planning Board made a positive referral to the ZBA and no other communications have been received.

Steve Snyder made a motion, seconded by Gary Phillips in favor of granting permission to construct a new building with a left side yard setback of 5 feet, a rear yard setback of 0 feet and a right side yard setback of 8 feet 1 inch. The code stipulates a minimum side yard setback of 10 feet and a minimum rear yard setback of 30 feet. In addition, permission is granted to construct a new building in both required side yards and the required rear yard. The code stipulates that every part of a required yard must be open to the sky unobstructed.

THE VOTE ON THE MOTION BEING:

Ted Pieczonka YES

sTEVE sNYDER YES

gary phillips YES

amy glowzynski YES

dAVE oBROCHTA YES

THE MOTION WAS PASSED.

Moved by Gary Phillips, seconded by Dave Obrochta to adjourn at 7:34 p.m.

The vote on the motion being:

Ted Pieczonka YES

sTEVE sNYDER YES

gary phillips YES

amy glowzynski YES

dAVE oBROCHTA YES

The motion was passed.

Respectfully submitted, Chairman's Approval:

Christine Hanavan

Secretary

Date:

5