Zoning Board of Appeals 2919 Delaware Avenue, RM 14 Kenmore, NY (716) Zoning Board of Appeals

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1 Zoning Board of Appeals 2919 Delaware Avenue, RM 14 Kenmore, NY (716) Zoning Board of Appeals Regular ~ Minutes ~ Town Clerk Melissa Brinson Wednesday, January 19, :30 PM Council Chambers - Municipal Building I. CALL TO ORDER 6:30 PM Meeting called to order on January 19, 2011 at Council Chambers - Municipal Building, 2919 Delaware Ave., Kenmore, NY. Attendee Name Organization Title Status Arrived Marguerite Greco Town of Tonawanda Alternate Present John Joseph Town of Tonawanda Chairman Present Robert Mayer Town of Tonawanda Member Present William Heffron Town of Tonawanda Member Absent Mary Wydysh Town of Tonawanda Member Present James Louis Town of Tonawanda Member Present II. APPROVAL OF MINUTES A. Approve Minutes of Zoning Board Meeting held December 15, The Clerk presented MINUTES of the Zoning Board of Appeals meeting held on December 15, Approve these minutes as typed and presented. Seconded by. ayes, nays. III. HEARINGS ON APPEALS - (4). CHAIRMAN: Decisions from tonight's hearings will be rendered after the hearings, if possible, or at the next Zoning Board of Appeals meeting to be held on February 16, 2011 at 6:30 PM. Zoning Board of Appeals Page 1 Printed 2/10/2011

2 #1. Kevin McFall, Applicant Kevin McFall, Owner 1531 Military Road Town of Tonawanda, NY Area Variance: Variance for proposed cooler which encroaches approximately 8.5 feet into the required rear yard setback and the storage structure encroaches approximately 10 feet into the required rear yard setback. ZONING CLASSIFICATION: "C" General Business SECTION OF CODE: Article VI; D: The rear yard of a C General Business District whose lots abut the side lot lines of a residential district shall have a depth of 15 feet There have been no written communications. Erie County Department of Environment and Planning has been notified. They responded that they have no recommendation. RESULT: MOVER: SECONDER: AYES: ABSENT: GRANTED [UNANIMOUS] James Louis, Member Mary Wydysh, Member Greco, Joseph, Mayer, Wydysh, Louis William Heffron Zoning Board of Appeals Page 2 Printed 2/10/2011

3 STATE OF NEW YORK ) COUNTY OF ERIE ) ss: TOWN OF TONAWANDA ) I, Melissa Brinson, Town Clerk of the Town of Tonawanda, Erie County, New York, do hereby certify that at a meeting of the Zoning Board of Appeals of the aforesaid town, on the 19 th day of January, 2011, at the Municipal Building, Kenmore, New York, the following resolution was adopted, to wit, - James Louis offered the following resolution and moved its adoption: WHEREAS, the applicant, KEVIN MCFALL, owner of premises located on the east side of Military Road, between Westchester Boulevard and Hampton Parkway, commonly known as 1531 Military Road, Tonawanda, New York, has applied to the Zoning Board of Appeals for a permit for a walk-in cooler and storage structure, which permit was refused by the Supervising Code Enforcement Officer on the grounds that the proposed cooler and structure would be in violation of the provisions of Chapter 215, Zoning, D of the Code of the Town of Tonawanda for the reason that the proposed cooler would encroach approximately 8.5 feet into the required rear yard setback and the proposed storage would encroach approximately 10 feet into the required rear yard setback; and WHEREAS, on the hearing date, John Dudziak, attorney for the applicant, appeared in person, in support of the application; and WHEREAS, written correspondence was received from David Ford, 348 Hampton Parkway, in support of the application; and WHEREAS, this Board finds that the premises in question is zoned C General Business and that applicants seek an area variance, and WHEREAS, the applicant s application stated that the variance was being sought because the structures are already in place and a fence has been erected to shield the view; it further stated that there are neighbors on one side only and that there is no alternative location for the cooler and/or storage structure because the remaining property is designated for parking and is usable to the public; and WHEREAS, this Board must consider the testimony and evidence submitted by the applicant and the following factors detailed in 267-b(3)(b) of the Town Law: 1) whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the area variance, 2) whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance 3) whether the requested area variance is substantial, 4) whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district 5) whether the alleged difficulty was self-created; and WHEREAS, this Board has reviewed the evidence, testimony and the above-recited factors which are set forth in 267-b(3)(b) of the Town Law of the State of New York pertaining to area variances; and WHEREAS, this Board is treating this matter as two (2) separate applications and now considers the area variance for the walk-in cooler; and WHEREAS, based upon the evidence presented, this Board finds that the variance is not substantial, that it will not create any undesirable change in the character of the neighborhood, that while the alleged difficulty is self-created, there are no alternatives to achieve the benefit sought by the applicant; and Zoning Board of Appeals Page 3 Printed 2/10/2011

4 WHEREAS, this Board finds that the benefit to the applicant if the variance is granted outweighs the detriment to the health, safety and welfare of the neighborhood or community by such grant based upon a balancing of the factors contained in 267-b(3)(b) of the Town Law; and WHEREAS, this Board believes that the variance requested is the minimum variance that this Board deems necessary and adequate and at the same time preserves and protects the character of the neighborhood and the health, safety and welfare of the community; and WHEREAS, a record having been made by electronic means and preserved in digital format is available in the Town Clerk s Office; NOW, THEREFORE, BE IT RESOLVED that this Board does hereby GRANT an area variance from the above-mentioned provisions of the Code of the Town of Tonawanda and directs the Supervising Code Enforcement Officer to issue the appropriate permit with regard to the walk-in cooler only. Seconded by Mary Wydysh. The Chairman announced that the resolution to grant the variance carried by a vote of five (5) ayes and no (0) nays. This decision may be reviewed by the Supreme Court within thirty (30) days after filing of the same in the Town Clerk s Office. Although building permits and certificates of occupancy will be issued before the expiration of thirty (30) days, any person acting on this decision or permits or certificates issue as a result thereof, does so at their own risk. I do further certify that I have compared the foregoing with the original minutes of the meeting of the Zoning Board of Appeals of the said Town held on January 19, 2011 and that the foregoing is a true and correct transcript from said original minutes and the whole thereof, and that the resolutions duly adopted by the said Board are on file in my office. I do further certify that the following members of the Board were present at such meeting, namely: John Joseph, Robert B. Mayer, Marguerite Greco, Mary Wydysh and James Louis. Zoning Board of Appeals Page 4 Printed 2/10/2011

5 IN WITNESS WHEREOF, I have hereunto set my hand and seal of the Town of Tonawanda, Erie County, New York, this 25th day of January, Melissa Brinson Town Clerk Town of Tonawanda, New York. Zoning Board of Appeals Page 5 Printed 2/10/2011

6 #2. Kevin McFall, Applicant Kevin McFall, Owner 1532 Military Road Town of Tonawanda, NY Area Variance: Variance for proposed cooler which encroaches approximately 8.5 feet into the required rear yard setback and the storage structure encroaches approximately 10 feet into the required rear yard setback. ZONING CLASSIFICATION: "C" General Business SECTION OF CODE: Article VI; D: The rear yard of a C General Business District whose lots abut the side lot lines of a residential district shall have a depth of 15 feet There have been no written communications. Erie County Department of Environment and Planning has been notified. They responded that they have no recommendation. Zoning Board of Appeals Page 6 Printed 2/10/2011

7 STATE OF NEW YORK ) COUNTY OF ERIE ) ss: TOWN OF TONAWANDA ) I, Melissa Brinson, Town Clerk of the Town of Tonawanda, Erie County, New York, do hereby certify that at a meeting of the Zoning Board of Appeals of the aforesaid town, on the 19 th day of January, 2011, at the Municipal Building, Kenmore, New York, the following resolution was adopted, to wit, - James Louis offered the following resolution and moved its adoption: WHEREAS, the applicant, KEVIN MCFALL, owner of premises located on the east side of Military Road, between Westchester Boulevard and Hampton Parkway, commonly known as 1531 Military Road, Tonawanda, New York, has applied to the Zoning Board of Appeals for a permit for a walk-in cooler and storage structure, which permit was refused by the Supervising Code Enforcement Officer on the grounds that the proposed cooler and structure would be in violation of the provisions of Chapter 215, Zoning, D of the Code of the Town of Tonawanda for the reason that the proposed cooler would encroach approximately 8.5 feet into the required rear yard setback and the proposed storage would encroach approximately 10 feet into the required rear yard setback; and WHEREAS, on the hearing date, John Dudziak, attorney for the applicant, appeared in person, in support of the application; and WHEREAS, written correspondence was received from David Ford, 348 Hampton Parkway, in support of the application; and WHEREAS, this Board finds that the premises in question is zoned C General Business and that applicants seek an area variance, and WHEREAS, the applicant s application stated that the variance was being sought because the structures are already in place and a fence has been erected to shield the view; it further stated that there are neighbors on one side only and that there is no alternative location for the cooler and/or storage structure because the remaining property is designated for parking and is usable to the public; and WHEREAS, this Board must consider the testimony and evidence submitted by the applicant and the following factors detailed in 267-b(3)(b) of the Town Law: 1) whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the area variance, 2) whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance 3) whether the requested area variance is substantial, 4) whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district 5) whether the alleged difficulty was self-created; and WHEREAS, this Board has reviewed the evidence, testimony and the above-recited factors which are set forth in 267-b(3)(b) of the Town Law of the State of New York pertaining to area variances; and WHEREAS, this Board is treating this matter as two (2) separate applications and now considers the area variance for the storage shed; and WHEREAS, based upon the evidence presented, this Board finds that a detriment to nearby properties will be created because of the location of the storage shed; that the variance is self-created; that the benefit can be achieved by relocating the shed; that the location of the storage shed does have an adverse effect on the environmental conditions of the neighborhood; and Zoning Board of Appeals Page 7 Printed 2/10/2011

8 WHEREAS, this Board finds that the benefit to the applicant if the variance is granted DOES NOT outweigh the detriment to the health, safety and welfare of the neighborhood or community by such grant based upon a balancing of the factors contained in 267-b(3)(b) of the Town Law; and WHEREAS, a record having been made by electronic means and preserved in digital format is available in the Town Clerk s Office; NOW, THEREFORE, BE IT RESOLVED that this Board does hereby DENY a variance for the storage structure from the above-mentioned provisions of the Code of the Town of Tonawanda for the above reasons. Seconded by Mary Wydysh. The Chairman announced that the resolution to grant the variance carried by a vote of five (5) ayes and no (0) nays. This decision may be reviewed by the Supreme Court within thirty (30) days after filing of the same in the Town Clerk s Office. Although building permits and certificates of occupancy will be issued before the expiration of thirty (30) days, any person acting on this decision or permits or certificates issue as a result thereof, does so at their own risk. I do further certify that I have compared the foregoing with the original minutes of the meeting of the Zoning Board of Appeals of the said Town held on January 19, 2011 and that the foregoing is a true and correct transcript from said original minutes and the whole thereof, and that the resolutions duly adopted by the said Board are on file in my office. I do further certify that the following members of the Board were present at such meeting, namely: John Joseph, Robert B. Mayer, Marguerite Greco, James Louis and Mary Wydysh. IN WITNESS WHEREOF, I have hereunto set my hand and seal of the Town of Tonawanda, Erie County, New York, this 25th day of January, Melissa Brinson Town Clerk Town of Tonawanda, New York. Zoning Board of Appeals Page 8 Printed 2/10/2011

9 #3. Sweeney's Garage, Applicant Sweeney's Garage, Owner 424 Niagara Falls Boulevard Town of Tonawanda, NY Area Variance: Variance for proposed used auto sales facility that would utilize required parking spaces, which currently are five spaces less than the required 12 spaces. ZONING CLASSIFICATION: "C" General Business SECTION OF CODE: Article XIII; J(26): The minimum number of parking spaces required shall be as follows: Gas Stations: Four spaces for each bay. There have been no written communications. Erie County Department of Environment and Planning has been notified. They responded that they have no recommendation. RESULT: AYES: ABSENT: GRANTED [UNANIMOUS] Greco, Joseph, Mayer, Wydysh, Louis William Heffron Zoning Board of Appeals Page 9 Printed 2/10/2011

10 STATE OF NEW YORK ) COUNTY OF ERIE ) ss: TOWN OF TONAWANDA ) I, Melissa Brinson, Town Clerk of the Town of Tonawanda, Erie County, New York, do hereby certify that at a meeting of the Zoning Board of Appeals of the aforesaid town, on the 19 th day of January, 2011, at the Municipal Building, Kenmore, New York, the following resolution was adopted, to wit, - James Louis offered the following resolution and moved its adoption: WHEREAS, the applicant, SWEENEY S GARAGE INC., owner of premises located on the west side of Niagara Falls Boulevard, between Chalmers Avenue and Paige Avenue, commonly known as 424 Niagara Falls Boulevard, Tonawanda, New York, has applied to the Zoning Board of Appeals for a permit for less than the required amount of parking spaces, which permit was refused by the Supervising Code Enforcement Officer on the grounds that the proposed parking would be in violation of the provisions of Chapter 215, Zoning, J(26) of the Code of the Town of Tonawanda which currently require twelve (12) parking spaces; and WHEREAS, on the hearing date, application; and, appeared in person, in support of the WHEREAS, this Board finds that the premises in question is zoned C General Business and that applicants seek an area variance, and WHEREAS, the applicant s application stated that the variance was being sought to allow the applicant to augment business revenue by expanding into used automobile sales; it further stated that there are no vehicles parked on premises for service work and that no further additions or alterations to the site are necessary to accomplish this goal; and WHEREAS, this Board must consider the testimony and evidence submitted by the applicant and the following factors detailed in 267-b(3)(b) of the Town Law: 1) whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the area variance, 2) whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance 3) whether the requested area variance is substantial, 4) whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district 5) whether the alleged difficulty was self-created; and WHEREAS, this Board has reviewed the evidence, testimony and the above-recited factors which are set forth in 267-b(3)(b) of the Town Law of the State of New York pertaining to area variances; and WHEREAS, based upon the evidence presented, this Board finds that the variance is not substantial, that it will not have an adverse impact on the physical or environmental conditions of the neighborhood, that it will not create any undesirable change in the character of the neighborhood, that the alleged difficulty is not self-created and that there are no alternatives to achieve the benefit sought by the applicant; and WHEREAS, this Board finds that the benefit to the applicant if the variance is granted outweighs the detriment to the health, safety and welfare of the neighborhood or community by such grant based upon a balancing of the factors contained in 267-b(3)(b) of the Town Law; and WHEREAS, this Board believes that the variance requested is the minimum variance that this Board deems necessary and adequate and at the same time preserves and protects the character of the Zoning Board of Appeals Page 10 Printed 2/10/2011

11 neighborhood and the health, safety and welfare of the community; and WHEREAS, a record having been made by electronic means and preserved in digital format is available in the Town Clerk s Office; NOW, THEREFORE, BE IT RESOLVED that this Board does hereby grant an area variance from the above-mentioned provisions of the Code of the Town of Tonawanda and directs the Supervising Code Enforcement Officer to issue the appropriate permit. Seconded by Mary Wydysh. The Chairman announced that the resolution to grant the variance carried by a vote of five (5) ayes and no (0) nays. This decision may be reviewed by the Supreme Court within thirty (30) days after filing of the same in the Town Clerk s Office. Although building permits and certificates of occupancy will be issued before the expiration of thirty (30) days, any person acting on this decision or permits or certificates issued as a result thereof, does so at their own risk. I do further certify that I have compared the foregoing with the original minutes of the meeting of the Zoning Board of Appeals of the said Town held on January 19, 2011 and that the foregoing is a true and correct transcript from said original minutes and the whole thereof, and that the resolutions duly adopted by the said Board are on file in my office. I do further certify that the following members of the Board were present at such meeting, namely: John Joseph, Robert B. Mayer, Marguerite Greco, Mary Wydysh and James Louis. IN WITNESS WHEREOF, I have hereunto set my hand and seal of the Town of Tonawanda, Erie County, New York, this day of January, Zoning Board of Appeals Page 11 Printed 2/10/2011

12 Melissa Brinson Town Clerk Town of Tonawanda, New York. Zoning Board of Appeals Page 12 Printed 2/10/2011

13 #4. Embassy Square Apartments, Applicant Niagara Mohawk Power Corporation, Owners 250 Crestmount Avenue Town of Tonawanda, NY Area Variance: Variance for proposed ground sign which is located on premises other than the premises where apartments are located. ZONING CLASSIFICATION: "B" Second Residential SECTION OF CODE: Article XXII; B(10): Signs which advertise a place or business not located on the premises where the sign is located are prohibited. There have been no written communications. Erie County Department of Environment and Planning has been notified. They responded that they have no recommendation. RESULT: AYES: ABSENT: GRANTED [UNANIMOUS] Greco, Joseph, Mayer, Wydysh, Louis William Heffron Zoning Board of Appeals Page 13 Printed 2/10/2011

14 STATE OF NEW YORK ) COUNTY OF ERIE ) ss: TOWN OF TONAWANDA ) I, Melissa Brinson, Town Clerk of the Town of Tonawanda, Erie County, New York, do hereby certify that at a meeting of the Zoning Board of Appeals of the aforesaid town, on the 19 th day of January, 2011, at the Municipal Building, Kenmore, New York, the following resolution was adopted, to wit, - Mary Wydysh offered the following resolution and moved its adoption: WHEREAS, the applicant, Embassy Square Apartments, o/b/o Niagara Mohawk Power Corp., owner of premises located on the south side of Crestmount Avenue, between Crestmount Avenue and Interstate 290 Youngmann Expressway, commonly known as 250 Crestmount Avenue, Tonawanda, New York, has applied to the Zoning Board of Appeals for a permit for a ground sign, which permit was refused by the Supervising Code Enforcement Officer on the grounds that the proposed ground sign would be in violation of the provisions of Chapter 215, Zoning, B(10) of the Code of the Town of Tonawanda for the reason that the proposed ground sign is located on premises other than the premises where the apartments are located; and and WHEREAS, on the hearing date, Glen Smith, appeared in person, in support of the application; WHEREAS, this Board finds that the premises in question is zoned C General Business and that applicants seek an area variance, and WHEREAS, the applicant s application stated that the variance was being sought to allow the ground sign which will provide greater visibility to potential renters because the location of the apartment is not visible from Delaware Avenue; and WHEREAS, this Board must consider the testimony and evidence submitted by the applicant and the following factors detailed in 267-b(3)(b) of the Town Law: 1) whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the area variance, 2) whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance 3) whether the requested area variance is substantial, 4) whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district 5) whether the alleged difficulty was self-created; and WHEREAS, this Board has reviewed the evidence, testimony and the above-recited factors which are set forth in 267-b(3)(b) of the Town Law of the State of New York pertaining to area variances; and WHEREAS, based upon the evidence presented, this Board finds that the variance is not substantial, that it will not have an adverse impact on the physical or environmental conditions of the neighborhood, that it will not create any undesirable change in the character of the neighborhood, that the alleged difficulty is not self-created and that there are no alternatives to achieve the benefit sought by the applicant; and WHEREAS, this Board finds that the benefit to the applicant if the variance is granted outweighs the detriment to the health, safety and welfare of the neighborhood or community by such grant based upon a balancing of the factors contained in 267-b(3)(b) of the Town Law; and WHEREAS, this Board believes that the variance requested is the minimum variance that this Board deems necessary and adequate and at the same time preserves and protects the character of the neighborhood and the health, safety and welfare of the community; and Zoning Board of Appeals Page 14 Printed 2/10/2011

15 WHEREAS, a record having been made by electronic means and preserved in digital format is available in the Town Clerk s Office; NOW, THEREFORE, BE IT RESOLVED that this Board does hereby GRANT an area variance from the above-mentioned provisions of the Code of the Town of Tonawanda and directs the Supervising Code Enforcement Officer to issue the appropriate permit on the condition that the size of the sign be no larger than 4 feet high and 3 feet wide, and that it be placed no higher than eighteen inches off the ground.. Seconded by Robert B. Mayer. The Chairman announced that the resolution to grant the variance carried by a vote of five (5) ayes and no (0) nays. This decision may be reviewed by the Supreme Court within thirty (30) days after filing of the same in the Town Clerk s Office. Although building permits and certificates of occupancy will be issued before the expiration of thirty (30) days, any person acting on this decision or permits or certificates issued as a result thereof, does so at their own risk. I do further certify that I have compared the foregoing with the original minutes of the meeting of the Zoning Board of Appeals of the said Town held on January 19, 2011 and that the foregoing is a true and correct transcript from said original minutes and the whole thereof, and that the resolutions duly adopted by the said Board are on file in my office. I do further certify that the following members of the Board were present at such meeting, namely: John Joseph, Robert B. Mayer, Marguerite Greco, Mary Wydysh and James Louis. IN WITNESS WHEREOF, I have hereunto set my hand and seal of the Town of Tonawanda, Erie County, New York, this 3rd day of February, Melissa Brinson Town Clerk Town of Tonawanda, New York. Zoning Board of Appeals Page 15 Printed 2/10/2011

16 #5. Rocco Casullo, Applicant Rocco Casullo, Owner 2797 Elmwood Avenue Town of Tonawanda, NY Area Variance: Variance for proposed us of the 15 X 40 area behind the building for outdoor storage of materials and open-sided metal frame canopy for storage. ZONING CLASSIFICATION: "C" General Business SECTION OF CODE: Article VII; D: The rear yard of a C General Business District whose lots abut the side lot lines of a residential district shall have a depth of 15 feet said rear yard shall be maintained free from storage of any merchandise, containerized or not, or any empty containers, supplies and/or maintenance items. There have been no written communications. Erie County Department of Environment and Planning has been notified. They responded that they have no recommendation. RESULT: AYES: ABSENT: GRANTED [UNANIMOUS] Greco, Joseph, Mayer, Wydysh, Louis William Heffron Zoning Board of Appeals Page 16 Printed 2/10/2011

17 STATE OF NEW YORK ) COUNTY OF ERIE ) ss: TOWN OF TONAWANDA ) I, Melissa Brinson, Town Clerk of the Town of Tonawanda, Erie County, New York, do hereby certify that at a meeting of the Zoning Board of Appeals of the aforesaid town, on the 19 th day of January, 2011, at the Municipal Building, Kenmore, New York, the following resolution was adopted, to wit, - James Louis offered the following resolution and moved its adoption: WHEREAS, the applicant, Rocco Casullo, owner of premises located on the west side of Elmwood Avenue, between Eisemann Avenue and Tulane Road, commonly known as 2797 Elmwood Avenue, Tonawanda, New York, has applied to the Zoning Board of Appeals for a permit to allow the rear yard to be used for storage, which permit was refused by the Supervising Code Enforcement Officer on the grounds that the proposed storage would be in violation of the provisions of Chapter 215, Zoning, (D) of the Code of the Town of Tonawanda, which states that the required 15 foot rear yard setback shall be maintained free from storage of any merchandise, containerized or not, or any empty containers, supplies and/or maintenance items; and WHEREAS, on the hearing date, Rocco Casullo, appeared in person, in support of the application; and WHEREAS, this Board finds that the premises in question is zoned C General Business and that applicants seek an area variance, and WHEREAS, the applicant s application stated that the variance was being sought to allow the outside storage in an area that is presently fenced; it further stated that no automobiles will be stored in this area and that the storage will not produce an undesirable change in the character of the neighborhood; and WHEREAS, this Board must consider the testimony and evidence submitted by the applicant and the following factors detailed in 267-b(3)(b) of the Town Law: 1) whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the area variance, 2) whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance 3) whether the requested area variance is substantial, 4) whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district 5) whether the alleged difficulty was self-created; and WHEREAS, this Board has reviewed the evidence, testimony and the above-recited factors which are set forth in 267-b(3)(b) of the Town Law of the State of New York pertaining to area variances; and WHEREAS, based upon the evidence presented, this Board finds that the variance is not substantial, that it will not have an adverse impact on the physical or environmental conditions of the neighborhood, that it will not create any undesirable change in the character of the neighborhood, that the alleged difficulty is not self-created and that there are no alternatives to achieve the benefit sought by the applicant; and WHEREAS, this Board finds that the benefit to the applicant if the variance is granted outweighs the detriment to the health, safety and welfare of the neighborhood or community by such grant based upon a balancing of the factors contained in 267-b(3)(b) of the Town Law; and WHEREAS, this Board believes that the variance requested is the minimum variance that this Board deems necessary and adequate and at the same time preserves and protects the character of the Zoning Board of Appeals Page 17 Printed 2/10/2011

18 neighborhood and the health, safety and welfare of the community; and WHEREAS, a record having been made by electronic means and preserved in digital format is available in the Town Clerk s Office; NOW, THEREFORE, BE IT RESOLVED that this Board does hereby GRANT an area variance from the above-mentioned provisions of the Code of the Town of Tonawanda and directs the Supervising Code Enforcement Officer to issue the appropriate permit on the condition that no vehicles or flammable materials are stored in this area. Seconded by Mary Wydysh The Chairman announced that the resolution to grant the variance carried by a vote of five (5) ayes and no (0) nays. This decision may be reviewed by the Supreme Court within thirty (30) days after filing of the same in the Town Clerk s Office. Although building permits and certificates of occupancy will be issued before the expiration of thirty (30) days, any person acting on this decision or permits or certificates issued as a result thereof, does so at their own risk. I do further certify that I have compared the foregoing with the original minutes of the meeting of the Zoning Board of Appeals of the said Town held on January 19, 2011 and that the foregoing is a true and correct transcript from said original minutes and the whole thereof, and that the resolutions duly adopted by the said Board are on file in my office. I do further certify that the following members of the Board were present at such meeting, namely: John Joseph, Robert B. Mayer, Marguerite Greco, Mary Wydysh and James Louis. IN WITNESS WHEREOF, I have hereunto set my hand and seal of the Town of Tonawanda, Erie County, New York, this 3rd day of February, Zoning Board of Appeals Page 18 Printed 2/10/2011

19 Melissa Brinson Town Clerk Town of Tonawanda, New York IV. ADJOURN MEETING RESULT: MOVER: SECONDER: AYES: ABSENT: ADOPTED [UNANIMOUS] Robert Mayer, Member Mary Wydysh, Member Greco, Joseph, Mayer, Wydysh, Louis William Heffron MR. MAYER MOVED TO ADJOURN MEETING TO FEBRUARY 16, 2011 AT 6:30 PM IN THE COUNCIL CHAMBERS. Seconded by Ms. Wydysh. 5 ayes, 0 nays Zoning Board of Appeals Page 19 Printed 2/10/2011