Zoning Board Minutes

WEST SENECA TOWN OFFICES                                    WEST SENECA ZONING
1250 Union Road                                                                   BOARD OF APPEALS
West Seneca, NY 14224                                                       Minutes #2006-02
February 22, 2006
                                                                                               
 
The regular meeting of the Zoning Board of Appeals of the Town of West Seneca was called to order by Chairman William H. Bond on February 22, 2006 at 7:00 PM, followed by the Pledge of Allegiance.
 
ROLL CALL:           Present            :           William H. Bond, Chairman
Daniel P. Dunn
Penny K. Price
Sandra Giese Rosenswie
Michael Hughes
Dale J. McCabe, Deputy Town Attorney
William Czuprynski, Code Enforcement Officer
 
OPENING OF PUBLIC HEARING:
 
Motion by Mrs. Price, seconded by Mrs. Rosenswie, to open the Public Hearing.
 
                        Ayes:   All                   Noes:   None                                       Motion carried
 
APPROVAL OF PROOFS OF PUBLICATION:
 
Motion by Mr. Dunn, seconded by Mrs. Price, to approve the proofs of publication and posting of legal notice.
 
                        Ayes:   All                   Noes:   None                                       Motion carried
 
APPROVAL OF MINUTES #2006-01:
 
Motion by Mr. Dunn, seconded by Mrs. Price, to approve Minutes #2006-01 of January 25, 2006.
 
                        Ayes:   All                   Noes:   None                                       Motion carried
 
NEW BUSINESS:
 
2006-003         Request of Randall J. Pawlik, Sr. for a variance for property located at 113 Waltercrest Terrace to erect deck and pool 2 ft from house (10 ft separation required).
 
                       
WEST SENECA TOWN OFFICES                       ZONING BOARD OF APPEALS
1250 Union Road                                                       Minutes #2006-02
West Seneca, NY   14224                                          February 22, 2006
                                                                                    Page two . . .
 
 
Randall Pawlik, 113 Waltercrest Terrace, stated an addition to the rear of the house was almost completed when he became aware of the need for a variance. The house and pool are existing and the addition will be less than 2 feet away from the deck upon completion. He submitted letters of no objection from the three adjoining property owners. 
 
                        Mr. Bond noted for the record that the reason for the 10 feet separation was in case of a fire, so that the fire personnel could get between the buildings, but this is not a building in the conventional sense. He asked if there would be a door leading out onto the deck.
 
                        Mr. Pawlik stated egress will actually be from the back so there will be no exit from the house directly onto the deck.
 
                        No comments were received from the public.
 
                        Motion by Mrs. Rosenswie, seconded by Mr. Dunn to close the public hearing and grant a variance for property located at 113 Waltercrest Terrace to erect deck and pool 2 ft from house, and to allow the existing garage less than 5 feet (2.89 feet) from the property line.
 
                        Ayes:   All                   Noes:   None                                       Motion carried
 
2006-004         Request of Erwin Emminger for a variance for property located at 154 Allendale Road to erect deck 0 ft from pool (10 ft separation required).
 
                        Erwin Emminger, 154 Allendale Road, stated the pool had already been erected when he was informed that a variance was required. He purchased the unit in 2000 and later that same year, put in a pool 12 feet from the house as required. A deck was then designed and erected.
 
                        Mr. Czuprynski asked if applicant was planning on taking down the garage.
 
                        Mr. Emminger stated the property was previously owned by Mr. Tokasz and the garage is approximately 6 years old. The owner claimed to have a variance for the garage but the next door neighbor has made complaints in the past. There will be a single French door leading out to the deck with an alarm and meeting all the requirements under the code.
 
WEST SENECA TOWN OFFICES                       ZONING BOARD OF APPEALS
1250 Union Road                                                       Minutes #2006-02
West Seneca, NY   14224                                          February 22, 2006
                                                                                    Page three . . .
 
 
No comments were received from the public.
 
                        Motion by Mrs. Rosenswie, seconded by Mr. Bond, to close the public hearing and grant a variance for property located at 154 Allendale Road to erect deck 0 ft from pool.
 
                        Ayes:   All                   Noes:   None                                       Motion carried
 
2006-005         Request of Robert Cartonia for a variance for property located at 1340 Orchard Park Road to add 9 sq ft to existing sign and provide outside seating for ice cream parlor.
 
                        Robert Cartonia, 1340 Orchard Park Road, stated he is planning on an outside window for the sale of ice cream with 8 tables and 6 gliders for seating.
 
                        Mr. Dunn noted that the only addition to the sign will be an ice cream cone, as noted on the applicant’s drawing.
 
                        Mr. McCabe stated the purpose behind the variance is to have some type of restriction and felt the Board should indicate the number of tables and gliders to be allowed as part of the variance.
 
                        Mrs. Rosenswie stated her concern was the obstruction of view caused by the addition of the ice cream cone to the sign, as one is exiting the property.
 
                        Mr. Cartonia stated the sign is up off the ground 4 to 5 feet and will not cause a visual obstruction.
 
                        Letters of no objection from the property owners behind and across the street were submitted. The neighbor to one side is a hair stylist and rents the space, and he has no communication with the neighbor on the other side.
 
                        Mr. Dunn noted he was aware of some animosity between the two businesses and applicant would be hard pressed to obtain a letter.
 
                        No comments were received from the public.
 
WEST SENECA TOWN OFFICES                       ZONING BOARD OF APPEALS
1250 Union Road                                                       Minutes #2006-02
West Seneca, NY   14224                                          February 22, 2006
                                                                                    Page four . . .
 
 
Motion by Mr. Bond, seconded by Mrs. Price, to close the public hearing and grant a variance for property located at 1340 Orchard Park Road to add 9 sq ft to existing sign as shown on the diagram provided, and for 8 tables and 6 gliders as drawn on the attachment to the application. 
 
                        Ayes:   All                   Noes:   None                                       Motion carried
 
 
2006-006         Request of Richard Tomaszewski for a variance for property located at 217 Tim Tam Terrace to erect attached garage 9 ft from exterior side yard (30 ft required).
 
                        Richard and Judith Tomaszewski, 217 Tim Tam Terrace, submitted letters of no objection from the surrounding neighbors. Mrs. Tomaszewski stated this is a corner lot. The garage would be inside the fence by 9 feet. She and her husband are both disabled and need a larger garage to accommodate their truck. 
 
                        Mr. Bond stated the diagram shows a garage and asked if that would be converted to living area.
 
                        Mrs. Tomaszewski stated at this point, it would be used for outdoor equipment. They will access the house from the new garage by going through the existing garage. The garage will be 9 feet from the stockade fence which already has a variance.
 
                        Mr. Bond noted their concern was for ample visibility for people coming around the corner.
 
                        Mrs. Tomaszewski stated it is back far enough from the corner and there is a stop sign at the corner.
 
                        No comments were received from the public.
 
                        Motion by Mr. Dunn, seconded by Mrs. Price, to close the public hearing and grant a variance for property located at 217 Tim Tam Terrace to erect attached garage 9 ft from exterior side yard.
 
                        Ayes:   All                   Noes:   None                                       Motion carried
 
WEST SENECA TOWN OFFICES                       ZONING BOARD OF APPEALS
1250 Union Road                                                       Minutes #2006-02
West Seneca, NY   14224                                          February 22, 2006
                                                                                    Page five . . .
 
 
2006-007         Request of 2792 Seneca St LLC for a variance for property located at 2793 Seneca Street to install new gas canopy 24 ft from front property line and add new addition to existing building 30 ft from front property line (40 ft required).
 
Ralph Lorigo, 101 Slade Avenue, appeared on behalf of 2792 Seneca LLC. His clients leased the gas station since 2000 and purchased the station from Mobil in December of last year. Documentation from Mobil Oil was submitted, stating that the tanks will be removed. The canopies are approximately 20 years old. A letter from Seneca Hose was also submitted, stating no objection to the applicant’s proposal. Photos were submitted showing the proposed square canopy which needs less of a variance than the existing rectangular canopy. This will provide better traffic flow and better stacking. The applicant would also like to add an 18’ x 34’ 612 square feet addition, which also needs a variance being less than 40 feet from the lot line. Curb cuts will remain the same with the same exits and entrances. This will be a 24 hour station.
 
                        No comments were received from the public.
 
Motion by Mr. Dunn, seconded by Mrs. Rosenswie, to close the public hearing and grant a variance for property located at 2793 Seneca Street to install a new gas canopy 24 ft from the front property line and add a new addition to existing building 30 ft from the front property line.
 
                        Ayes:   All                   Noes:   None                                       Motion carried
 
ADJOURNMENT:
 
                        Motion by Mrs. Rosenswie, seconded by Mr. Bond, to close the public hearing and adjourn the meeting (7:30 p.m.).
 
Respectfully submitted,
 
 
 
Patricia C. DePasquale, RMC/CMC
Secretary