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OPENING OF PUBLIC HEARING

Motion by Mr. Hughes, seconded by Mrs. Price, to open the Public Hearing.

APPROVAL OF PROOFS OF PUBLICATION

Motion by Mrs. Price, seconded by Mr. Hughes, to approve the proofs of publication and posting of legal notice.

APPROVAL OF MINUTE

Motion by Mrs. Price, seconded by Mr. Harmon, to approve Minutes #2009-01, January 28, 2009.

NEW BUSINESS:

2009-003
Request of Zamkro Development LLC for a variance for property located at 541 East & West Road to reduce front yard setback from 40 ft to 24 ft.

Mr. Harmon stated the requested variance is for a reduction in the front yard setback which is actually on East & West Road from 40 ft to 24 ft, even though it fronts on Rolling Woods.

2009-003   (Continued)

Dean Kroll, President, Zamkro Development LLC, 35 Squire Drive, Orchard Park, New York, stated that during the course of their drainage work on the property with Nussbaum & Clark, it was discovered the survey was incorrect. The survey includes the 17 ft easement on East & West Road which was deeded over to the County of Erie. Therefore, the survey used to close on the transaction is inaccurate. They need a variance in order to keep the required 40 ft setback from the original survey so that the property will line up with the house across the street. The drainage easement goes back to 1965 and had not been discovered in any of the previous surveys or deed transaction. He has been in contact with Charles Sickler from the County of Erie to see if the County of Erie would be interested in deeding the parcel back to him. In the interim, the County has consented to support his request for a variance and documentation supporting that consent was submitted. Mr. Kroll further noted that the drainage plan is in place as well as the architectural drawings.

Mr. Hughes questioned the size of the proposed house.

Mr. Kroll stated the house will be 2,681 sq ft and meets the deed restrictions set up by Mr. Piotrowski.

Mr. Harmon noted the drainage survey has the house located on it, together with the easement and setbacks. The setback is 24.14 ft off the lot line so a variance of 16.86 ft is needed

Mr. Kroll stated that was correct.

No comments were received from the public.

Mrs. Rosenswie asked if Mr. Sickler was going to pursue the issue of deeding the easement over to Mr. Kroll.

Mr. Kroll stated he is currently in negotiations on the matter. Technically, the easement is still County property and his only concern is the liability issue with the entranceway into the development. He is maintaining the parcel. Part of the County’s investigation is concerned with how far down the deed goes on East & West.

Mrs. Rosenswie suggested that Mr. Kroll pursue this with his County Legislator.

2009-003   (Continued)

Mrs. Price asked if the house is sold.

Mr. Kroll responded that he is building the house on speculation and is waiting until he sees two positive months in new home sales.

Mrs. Price noted her concern that there may be a problem in the selling process.

Mr. Kroll stated he has done market research and is confident that he will be able to sell the house.

Mr. Harmon noted he could not move any farther over on the property because of the bank.

Mr. Kroll stated he investigated the cost to cover the stream and it would run about $50,000 to put galvanized pipe through it.

Motion by Mr. Hughes, seconded by Mrs. Price, to close the public hearing and grant a variance for property located at 541 East & West Road to reduce front yard setback from 40 ft to 24 ft., noting that the County of Erie consent to the request of applicant for a variance has been received and made a part of the record.

2009-004
Request of Slade Potter Group for a variance for property located at 162 Slade Avenue to erect pedestal sign with surface area of 50 sq ft per face (40 sq ft per face allowed)

Raymond Petty, Elicott Development, 295 Main Street, Buffalo, stated the hotel franchise has a variety of sign packages from which they can choose, ranging from the smallest which is considerably too small and the largest one. The one that they feel most optimum is 50 sq ft in area.

Mr. Hughes questioned if the larger sign was chosen due to visibility on the Thruway.

Mr. Petty responded that the sign will be on Slade Avenue and not visible from the Thruway.

2009-004   (Continued)

Mr. Harmon questioned if the height of the sign should be a consideration of the Board.

Mr. Notaro stated the height of the sign is acceptable.

Mr. Harmon questioned if the sign would be lit up, or flashing.

Mr. Petty stated the sign will be lit on both sign but not flashing.

Mrs. Rosenswie asked if the sign will always be lit, or just at some hours of the day.

Mr. Petty stated he thought it would be lit up during the night.

Mr. Hughes questioned the exact location of the sign.

Mr. Petty responded he was aware of the required 10 ft setback.

Mr. Notaro reviewed the location of the sign with the Board members and stated there would be roughly 10-12 ft underneath the sign for open vision.

Mr. Petty noted that the Hampton Inn sign was 65 sq ft in size.

Mr. Notaro also noted that the Hampton Inn site was less residential and they were located next to the M & T Bank. In this instance, a smaller sign is more appropriate due to the adjacent residential area and there is always concern for lights shining into windows during the night.

Mr. Petty commented that the first house on 162 and the property to the south is owned by Slade Potter Group. The house to the north is Realty USA.

Mr. Harmon questioned if the actual size of 50.4 sq ft makes a difference when the application states 50 sq ft.

Mr. Notaro stated that makes no difference as long as the variance is granted on the actual specifications provided by applicant.

Motion by Mrs. Rosenswie, seconded by Mr. Hughes, to close the public hearing and grant a variance for property located at 162 Slade Avenue to

2009-004   (Continued)

erect pedestal sign with surface area of 50 sq ft per face, as per the diagram dimensions as submitted by the applicant.

On the question, Mr. Hughes noted that a precedent has been set with the Hampton Inn and he did not see this request as being out of line.

ADJOURNMENT:

Motion by Mrs. Rosenswie, seconded by Mrs. Price, to close the public hearing and adjourn the meeting (7:20 p.m.)

Respectfully submitted,

Patricia C. DePasquale, RMC/CMC
Secretary