Zoning Board of Appeals Minutes

WEST SENECA TOWN OFFICES                                  WEST SENECA ZONING
1250 Union Road                                                                  BOARD OF APPEALS
West Seneca, NY 14224                                                       Minutes #2006-06
June 28, 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 June 28, 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 Mr. Dunn, seconded by Mrs. Price, to open the Public Hearing.
 
                        Ayes:   All                   Noes:   None                                       Motion carried
 
APPROVAL OF PROOFS OF PUBLICATION:
 
Motion by Mr. Hughes, seconded by Mrs. Rosenswie, to approve the proofs of publication and posting of legal notice.
 
                        Ayes:   All                   Noes:   None                                       Motion carried
 
APPROVAL OF MINUTES #2006-05:
 
Motion by Mr. Dunn, seconded by Mrs. Price, to approve Minutes #2006-05 of May 24, 2006.
 
                        Ayes:   All                   Noes:   None                                       Motion carried
 
NEW BUSINESS:
 
2006-057         Request of Nicholas G. Mariotti for a variance for property located at 53 Harlem Road to erect 6 ft high fence in side yard.
 
Mr. Bond stated that due to a medical emergency, this item will be taken out of order.
 
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Linda Mariotti, 53 Harlem Road, stated she was representing her husband who is currently hospitalized. They have an autistic daughter who is also visually impaired and has no safety awareness. She is able to get over a 4 ft fence and they are requesting a 6 ft fence in the front yard. The Department of Disability Services performed an environmental plan and recommended the 6 ft fence
 
Mr. Dunn asked the disadvantage of having the fence start at the middle of house rather than backing it up farther.
 
Mrs. Mariotti stated it would then be in back of the door and her daughter could get out.
 
Letters were submitted from residents 47 Harlem Road and 57 Harlem Road, stating no objection.
 
Mr. Bond stated he would like a clarification on exactly where the fence was to be located and asked if it was applicant’s intention to contain the side doors within the fence.
 
Mrs. Mariotti stated that was correct. The fence will be far enough back from the road so that it will not block a person’s vision coming down the street.
 
No comments were received from the public.
 
Motion by Mrs. Rosenswie, seconded by Mrs. Price, to close the public hearing and grant a variance for property located at 53 Harlem Road to erect 6 ft high fence in side yard.
 
On the question, Mr. Dunn noted the fence should be no more than a few feet away from the side door.
 
Ayes:   All                   Noes:   None                                       Motion carried
 
TABLED ITEMS:
 
2006-034         Request of Lisa Aul for a variance for property located at 29 East Avenue to erect 6 ft high fence in side yard (4 ft allowed).
 
WEST SENECA TOWN OFFICES                       ZONING BOARD OF APPEALS
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West Seneca, NY   14224                                          June 28, 2006
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Mr. Bond noted the absence of applicant and requested notification be sent advising that this request will be denied in the event applicant fails to appear at the next meeting.
 
No comments were received from the public.
 
Motion by Mr. Hughes, seconded by Mrs. Rosenswie, to table this item until the July 26, 2006 meeting.
 
Ayes:   All                   Noes:   None                                       Motion carried
 
2006-039         Request of Buffalo Club of the Deaf for a variance for property located at 2275 Clinton Street to erect outside picnic shelter.
 
Dale McCabe, Deputy Town Attorney, 1250 Union Road, spoke on behalf of David Haywood, one of the members of the Buffalo Club of the Deaf. 
 
Mr. McCabe stated the Club is seeking to build a 20 ft x 30 ft picnic shelter on the east side of the building. The current building is 24.61 ft from the lot line and the picnic shelter will place them within 5 ft of the lot line. The property to the east is the old Lehigh Valley Railroad property so there is not an affected neighbor. The purpose of the picnic shelter is for outside gatherings. It will be covered and used in the summer time.
 
No comments from the public.
 
Motion by Mr. Dunn, seconded by Mrs. Rosenswie, to close the public hearing and grant a variance for property located at 2275 Clinton Street to erect an outside picnic shelter.
 
Ayes:   Four (4)           Mr. Dunn, Mrs. Rosenswie, Mrs. Price, Mr. Hughes
Abstaining: One (1)   Mr. Bond, noting he is the personal attorney for Mr. Hayward
 
2006-046         Request of Wilcox Brothers Signs for a variance for property located at 4018 Seneca Street to erect 108 sq ft sign 10 ft from front property line.
 
Dennis Wilcox, Wilcox Brothers Sign Co., Tonawanda, referred to the revised proposal submitted to the Zoning Board which reflects a single pole, 3 ft x 10 ½ ft wide with a 3 ft wide aluminum pole cover, which is
WEST SENECA TOWN OFFICES                       ZONING BOARD OF APPEALS
1250 Union Road                                                      Minutes #2006-06
West Seneca, NY   14224                                          June 28, 2006
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approximately 32 sq ft, plus the 3 ft pole cover. The total square footage is 68.5 sq ft.
 
                        Mr. Bond questioned the setback.
 
                        Mr. Wilcox stated it could probably be moved back somewhat.
                        Mr. Dunn noted that part of the green area is actually the right-of-way.
 
                        Mr. Bond asked how far back the distance would be from the curb.
 
                        Mr. Wilcox stated he did not have the curb lines set yet.
 
Mr. Dunn asked if the proposed sign would be located in the same location as shown on the plans submitted on May 2nd.
 
                        Mr. Wilcox stated that was correct.
 
                        Mr. Bond asked if the requested clearance was still needed.
 
                        Mr. Wilcox stated the clearance provided is 11.10 ft.
 
                        No comments were received from the public.
 
Motion by Mr. Bond, seconded by Mr. Dunn, to close the public hearing, and grant a variance for property located at 4018 Seneca Street to erect a 68 sq ft sign, 0 ft from the property line.
 
                        Ayes:   All                   Noes:   None                                       Motion carried
 
NEW BUSINESS (Continued):
 
2006-050         Request of James & Patricia Collins for a variance for property located at 46 Bernice Drive to erect 8 ft high fence in rear yard.
 
James Collins, 46 Bernice Drive, stated he is requesting an 8 ft fence, 9 ft wide, in the corners to the left and right corners of his property. The adjacent property is very high and his property drops dramatically at the corners of his property. The fence will sit on the lower part so that the fence will appear 6 ft high all the way around. 
 
WEST SENECA TOWN OFFICES                       ZONING BOARD OF APPEALS
1250 Union Road                                                      Minutes #2006-06
West Seneca, NY   14224                                          June 28, 2006
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Mr. Bond noted the applicant’s hardship is based on the lay of the land.
 
Mr. Hughes asked if the surrounding neighbors have the same issue with the grade.
 
Mr. Collins stated that was correct, although he did not check the size of their fences.
 
Mr. Czuprynski also noted that the property owner to the rear does not keep the property up.
 
A letter was submitted from the resident of 40 Bernice Drive, stating no objection.           
 
                        No comments were received from the public.
 
Motion by Mr. Hughes, seconded by Mrs. Rosenswie, to close the public hearing and grant a variance for property located at 40 Bernice Drive to erect an 8 ft high fence in rear yard.
 
                        Ayes:   Four (4)           Mr. Hughes, Mrs. Rosenswie, Mr. Bond, Mrs. Price
                        Noes:   One (1)            Mr. Dunn, noting this is a well established neighborhood with the same issues as applicant and failed to see any hardship on the part of applicant.                                     Motion carried
 
2006-051         Request of Marie King for a variance for property located at 41 Cove Hollow to erect deck to rear of existing house 17 ft from rear property line.
 
                        Marie King, 41 Cove Hollow, stated there are woods behind her property with a small brook. The proposed patio will extend off the enclosed porch.
 
                        Mr. Dunn asked if the applicant intended on enclosing the patio also.
 
                        Mrs. King stated they had no intention of enclosing the patio at this point, but may place an awning on the patio in the future.
 
                        Mr. Bond asked if applicant intended on installing a pool.
 
WEST SENECA TOWN OFFICES                       ZONING BOARD OF APPEALS
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West Seneca, NY   14224                                          June 28, 2006
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Mrs. King stated they did not intend on installing a pool.
 
                        No comments were received from the public.
 
                        Motion by Mrs. Rosenswie, seconded by Mrs. Price, to close the public hearing and grant a variance for property located at 41 Cove Hollow to erect deck to rear of existing house 17 ft from rear property line.
                       
                        Ayes:   All                   Noes:   None                                       Motion carried
 
2006-052         Request of Louise Ziccardi/Don Denz for a variance for property located at 5700 Seneca Street for a reduction in parking from 103 to 54 parking spaces.
 
                        Dan Denz and Louise Ziccardi, 1005 East Main Street, East Aurora, appeared on the request for a variance. Mr. Denz stated the property on the corner of Transit and Seneca Street was purchased with a contingency for the granting of a liquor license. The liquor license was granted and he subsequently appeared before the Planning Board and Town Board. The seating was drawn on the site plan and complied with the code which required parking spaces for every 5 people. They then found that the square footage was deemed to hold more than that. On the first floor, there can be 47 people standing, including the bar area, and upstairs accommodates 39 people standing.   He has invested $700,000 in the property with bids on renovations and has appeared before the various boards on five different occasions. They also purchased 5636 Seneca Street which is the adjacent property, zoned residential, nearly two acres in size. In the event additional parking is required in the future, they would utilize the lot in between and request a rezoning. He also presented photographs of the property and they are requesting a variance for a 3 or 5 year period of time.
 
                        Louis Ziccardi, 11 Pleasantview Drive, East Aurora, property manager, stated that even though they understand the square footage can hold a certain number of people on the first and second floors, the outside balcony on the second floor is an area for smoking alone and no food will be served there. Therefore, if there are 16 people standing on the balcony at the service bar, they will not in seats eating. The purpose of the upstairs service bar is to allow patrons to order a drink so that they do not have to
 
WEST SENECA TOWN OFFICES                       ZONING BOARD OF APPEALS
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West Seneca, NY   14224                                          June 28, 2006
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go downstairs.   Hopefully, they will be busy but the number is not realistic for upstairs, even though the numbers are calculated per code.
 
                        Mr. Bond stated he reviewed the minutes of the Town Board where the issue of parking was discussed. The Board members felt that 50 parking spaces were sufficient which may have been a miscalculation at the time. The ordinance requires 2 parking spaces for every 5 seats. 
 
                        Mr. Denz stated a total of 150 customers was calculated on the plan.
 
                        Mr. Bond stated that equates to 53 and a fraction. The problem arose in calculating the bar area. If people are at the bar area, they are not in their seats, but the square footage was based on the gross floor area.
 
                        Mr. Czuprynski stated the measurements are by State Code; so many square feet for people standing and for people seated. That is where the discrepancy comes in on the parking.
 
                        Mr. Denz stated there are 13 seats in the bar area which is part of the 115.
 
                        Mr. Bond stated the problem is in the calculations and it doesn’t appear that 103 spaces are necessary. That was based on the seating area and the square footage of the bar area and combined together.
                        Mr. Czuprynski noted the calculations are performed by 16 sq ft per seat. He explained the process for the calculations to find out the total capacity of the building, which sometimes results in a high calculation.
 
                        Discussions continued with the Code Enforcement Officer and the applicants on the issue of square footage.
 
                        Mr. Denz stated that part of the request is for a variance for a period of time. They have options in the future with owning the adjacent parcel of property. If the parking doesn’t work in the future, the upstairs can be closed, or they can apply for rezoning of the adjacent property and the portion used for parking would not be adjacent to any other neighbor but himself. 
 
                        Mr. Bond stated the calculations were done pursuant to code, but part of the bar area is taken up by seats that have already been calculated. He
 
WEST SENECA TOWN OFFICES                       ZONING BOARD OF APPEALS
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West Seneca, NY   14224                                          June 28, 2006
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asked if there was any way to reconfigure the parking to allow for additional spaces.
 
                        Mr. Denz stated they did consider the front of the building, but they need a setback from the road. The area that was previously used for a drive thru is now the addition. There will be times when the upstairs is not used, even though they were required to install an elevator at a cost of $125,000.
                        They would be willing to agree to no seating in the upper balcony area.
 
                        Mike Kelchin, 5622 Seneca Street, stated that the applicant had an upstairs patio planned when he first appeared before the Town Board and it was limited to no music. The applicant never informed the neighbors that he purchased the two parcels of property next door. His house is adjacent to the second piece of property purchased by applicant and asked what would prevent the applicant from putting in the additional parking up to his property.
 
                        Mr. Bond stated the Town Board is the body having the power to rezone property. The applicant’s request before the Zoning Board is to request a reduction in parking spaces and has nothing to do with the property purchased next door, other than applicant is claiming it is there in case it is needed in the future. When the matter was before the Town Board, it was determined that 50 parking spaces were sufficient. That was based upon the seating and not the square footage of the bar. Since people can stand at the bar in addition to sitting in the restaurant, some parking spaces must be allocated for the people at the bar which is based on the square footage of the bar area. In this case, there are seats in the bar area which means the bar area itself is being counted twice. Realistically, the applicant does not need 50 extra spaces, even though technically he does. The applicant is not requesting an increase in the size of the building or to increase the parking lot.
 
                        Mr. Dunn noted that if the variance is not granted, then the applicant will have to increase the size of the parking area, or abandon the project.
 
                        Mr. McCabe stated that if the applicant chose to make the adjacent property available for additional property, he would have to appear before the Planning Board which would issue a recommendation and then applicant would have to appear before the Town Board, both of which would be public notices with the neighbors being notified.
WEST SENECA TOWN OFFICES                       ZONING BOARD OF APPEALS
1250 Union Road                                                      Minutes #2006-06
West Seneca, NY   14224                                          June 28, 2006
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                        Jake Pohlman, Esq., 3993 South Park Avenue, Blasdell, attorney for Seneca Greenhouse, stated the concern of his client is the extent of the variance and the possibility of cars parking on a nightly basis on the Seneca Greenhouse property. His client prefers not to rope off his lot or employ security or suffer further loses from vandalism. In the event the adjoining property purchased by the applicant were to be rezoned commercial, his client will be struck with the situation.
 
                        Mr. Bond stated the calculations are based on the square footage of the bar area, but does not take into consideration the fact that the 13 seats in that area which are already calculated into the 50, so that there is a small area where people would be standing, but certainly not enough to justify the 57 seats.
 
                        Mr. Pohlman stated this is a 100% variance and if those calculations were redone and showed 75 or 80 parking spaces, that figure would be reasonable, especially with a new business. He asked the Board to take into consideration the impact upon the neighbors and adjoining businesses. The purchase of the property comes before the approvals required to utilize the property.
 
                        Mr. Bond stated the applicant was told at the Town Board meeting that his parking was sufficient, based on what was told them. It was only after a recalculation of the building he was told he did not have enough parking. The smoking area will not be additional people, but people already calculated. 
 
                        William and Jane Falkner, 5627 Seneca Street, appeared in opposition to the request. They own the property across the street from the applicant. At the last Town Board meeting, the applicant was told there could be nothing on the second floor and unless there was extensive renovations, the upstairs balcony could not be utilized for people. Mr. Falkner stated he was not opposed to the business, but did object to the approach made by applicant in first proposing a family restaurant and then adding plasma televisions and a sports bar. There are two outdoor patio bars and now the applicant is proposing the use of the upstairs as a smoking area or waiting area. Reducing from 103 to 50 parking spaces will result in parking on Seneca Street. The applicant intends on using the recently purchased property at 5626 Seneca Street for parking in the future, but still needs the required number of parking spaces for what was originally proposed as a
WEST SENECA TOWN OFFICES                       ZONING BOARD OF APPEALS
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West Seneca, NY   14224                                          June 28, 2006
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family restaurant and what is now a sports bar. His concern is opening up the second floor and the reduced parking spaces. What is being discussed here tonight is totally different than what was proposed at the Town Board meeting.
 
                        Jane Falkner stated that Seneca Street is residential, except for the four corners, all the way down to M & M and Perry’s Nursery. She was concerned about potential changes to zoning in the future.
 
                        Mr. Dunn stated he was unaware of the discussions held at the Town Board meeting and perhaps they should review them.
 
                        Mr. Bond stated he had the minutes from the February Town Board meeting. This matter was before this Board in April for the outside patio.
 
                        The designer at the architectural firm hired by Mr. Denz, stated the applicant was originally interested in purchasing the property as a coffee shop. The existing building has a dining area in the front and back, a very small kitchen, and an unfinished second floor with one set of stairs. They figured the number of seats that would comfortably fit in the bar area in the back, the restaurant in front, and arrived at a number of 115, including the outside seating. They took into consideration the number of available parking spaces in order to make the project work with the kitchen addition, the additional stairway and the elevator. All of this was presented at previous meetings. The number of seats and the fact that the second floor being utilized has not changed. Originally, there was a small patio planned for the second floor for seating and upon objection from the neighbors, the seating from the second floor balcony was removed. Mr. Denz is well aware of the parking issues on Seneca Street, but from a business standpoint there is no intention of making customers having to park outside of the property. There is no intention of increasing the capacity of the restaurant. The fact that the calculated capacity is higher does not change the business model of 115 customers. Architects must take into account the square footage as per code requirements when designing a building for safety issues, i.e. exit requirements and stairway widths, etc. If there were no tables with only dancing, obviously more people could be added, but the idea is there are tables and chairs and a set number of people in the restaurant which has not changed. The neighbors’ concerns were satisfied in previous meetings and at this point there is simply an interpretation on the capacity within the restaurant.
WEST SENECA TOWN OFFICES                       ZONING BOARD OF APPEALS
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West Seneca, NY   14224                                          June 28, 2006
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                        Mr. Dunn stated it is possible that the bar part of the business could flourish and the restaurant portion not. The restaurant tables could be moved with more room for people to stand, so they must plan for the possibility of one part of the restaurant being successful and another not. He asked if it were possible to reconfigure the paved area as it exists to accommodate more cars.
 
                        The architect stated that as part of the design, a couple spaces were added but they are now at a maximum. Some of the area currently taken up by the drive-thru provided a couple spaces, but the kitchen addition, elevator and stairway take up the remainder of the site. They attempted to add a couple spaces in the front but the right of way on Transit after it was expanded left very little room for parking in the front. Currently, the existing room where the bar is located is not large. Even if a bar were planned for the main dining room, the applicant would have to apply for the proper permit for the new use.
 
                        Mr. Denz stated he is willing to extend the solid fencing all the way down to Transit Road to prevent patrons of the restaurant using the Seneca Greenhouse parking area. He is also aware of the concern of Seneca Greenhouse for visibility of the business as people come around the corner, but he cannot solve both of those issues. Additionally, he noted that the owners of the property at 5626 Seneca Street approached him to offer the sale of that property subsequent to his previous appearance here. His only intention for the additional property is its use as parking in the event the current parking is not adequate, with the other alternative being to close the upstairs, and that is why he is requesting a variance for a limited time.
 
                        Eric Graham, 120 Michael Road, stated he has his own request for a variance before the Board tonight, but noted that he has known the applicant for a period of time and can attest that this individual is a good businessman and the project would be of benefit to the town.
 
                        Motion by Mr. Bond, seconded by Mrs. Rosenswie, to close the public hearing and grant a variance for property located at 5700 Seneca Street for a reduction in parking from 103 to 54 parking spaces, conditioned on the seats currently in the bar area not be removed and further that the second floor service bar not be used as an open bar for use by patrons.
 
WEST SENECA TOWN OFFICES                       ZONING BOARD OF APPEALS
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West Seneca, NY   14224                                          June 28, 2006
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On the question, Mr. Bond stated he originally was not in favor of reducing the number of parking spaces from 103 to 54 until he was fully informed of the way in which the 103 spaces were calculated. If applicant did not have the bar area, the spaces provided would be adequate. The diagram shows 13 seats and 3 or 4 tables which take up most of the bar area. The bar itself takes up another third of the area, leaving about 25% of the gross floor area to be required for additional parking. The reduction is justified as it is doubtful the restaurant will be packed to capacity every night. He is confident there will be no overflow of parking on Seneca Street.
 
                        Ayes:   Three (3)          Mr. Bond, Mrs. Rosenswie, Mr. Hughes
                        Noes:   Two (2 )           Mr. Dunn, Mrs. Price                          Motion carried
 
2006-053         Request of Francine Bryant for a variance for property located at 50 St. Jude Terrace to erect 6 ft high fence extending 12 ft into exterior side yard.
 
                        Thomas Bryant, 50 St. Jude Terrace, stated his request is to move the existing 6 ft privacy fence 12 ft closer to the street as sketched. He presented a letter from the adjoining neighbor at 133 French Lea Road, the only one affected by the request, stating no objection. The adjoining landscape is 11 ft from the front of house and he would like it even to maintain the aesthetics of the street. They also intend to separate the two backyards as this is a duplex and he would like to have a more serviceable backyard for his tenant.
 
                        Mr. Bond asked if the fence would then be 12 ft away from the right-of-way.
 
                        Mr. Bryant stated it would be 12 ft further in from the house, 18.2 ft from the sidewalk and the street is approximately 14 ft away, as depicted on the sketch.
 
                        Mr. Dunn noted that the fence was also moved closer to St. Jude Terrace.
 
                        Mr. Bryant stated he wanted the tenant to have access to the rear faucet on that side of the house.
 
                        No comments were received from the public.
WEST SENECA TOWN OFFICES                       ZONING BOARD OF APPEALS
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West Seneca, NY   14224                                          June 28, 2006
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                        Motion by Mrs. Price, seconded by Mr. Bond, to close the public hearing and grant a variance for property located at 50 St. Jude Terrace to erect 6 ft high fence extending 12 ft into exterior side yard.
 
                        Ayes:   All                   Noes:   None                                       Motion carried
 
2006-054         Request of Philip Desmone for a variance for property located at 402 Union Road to erect 3.5 ft fence and 10 x 12 storage shed in exterior side yard.
 
                        Phillip Desmore, 402 Union Road, stated the proposed fence is a 3 ½ ft high wood rail fence and will go down their property across Reserve and approximately 8 ft back toward the house on Union Road, for a total of 175 feet.
 
                        Mr. Bond noted the shed would also need a variance.
 
                        Mr. Dunn asked the reasoning for the shed to be on the Union Road side of the property.
 
                        Mr. Desmore stated that was the only flat surface on the property and there is no room to the rear of the house as the property slopes.
 
                        Mrs. Price asked if there is currently a concrete pad and asked what had been on it before.
 
                        Mr. Desmore stated the pad was put in during the process of some concrete work. Their property is on the corner and the purpose of the fence is to prevent people from turning in their property and deter people from crossing their property on foot.
 
                        Mr. Bond doubted a 3 ft fence would act as a deterrent to either one of those situations.
 
                        No comments were received from the public.
 
                        Motion by Mr. Dunn, seconded by Mrs. Price, to close the public hearing and deny the request for a variances for property located at 402 Union Road to erect 3.5 ft fence and a 10 x 12 storage shed in exterior side yard.
 
WEST SENECA TOWN OFFICES                       ZONING BOARD OF APPEALS
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West Seneca, NY   14224                                          June 28, 2006
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Ayes:  All                   Noes:   None                                      
 
                        On the question, Mr. Dunn stated the applicants failed to show a hardship and the situation was known at the time the property was purchased. Mrs. Price also noted that requests of this nature for a fence along Union Road have traditionally been denied.                                          Motion carried
                       
2006-055         Request of Dawn M. Kolacki for a variance for property located at 85 Emporium Avenue to erect 4 ft high fence in exterior side yard.
 
                        Dawn Kolacki, 82 Aurora Avenue, stated she also owns the property in question which is a corner lot and occupied by her parents.   There is an existing half fence on the property next door and she would like to extend the fence in the front on Emporium to the beginning of the house and on the side to block in the back yard. The fence will start at the back of the house. Ms. Kolacki reviewed the survey with the Zoning Board members to explain the exact location planned for the fence.
 
                        Mr. Dunn noted that the applicant would like to run a fence from the south west corner of the building parallel with Emporium to the property line and then down the property line to meet a fence which is off the frame house on the adjoining property, then along the front of the Arcade side of the property, equal to where the porch sticks out, parallel with Arcade, to the garage and then back to the garage.
 
                        Ms. Kolacki clarified that it is the rear of the property on Arcade, not the front. 
 
                        Mrs. Price noted the fence faces on Arcade which is considered frontage. 
 
Ms. Kolacki also noted that her parents live at 85 Emporium and they have a number of grandchildren which have been bothered by pitbulls from a couple houses down that continually come into the back yard.   People also walk across the property from Arcade and they have had a number of items broken or stolen from the property.
 
                        Letters were submitted from neighbors at 79 Emporium and 86 Aurora, stating no objection.
 
No comments were received from the public.
WEST SENECA TOWN OFFICES                       ZONING BOARD OF APPEALS
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West Seneca, NY   14224                                          June 28, 2006
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Motion by Mrs. Price, seconded by Mr. Dunn, to close the public hearing and grant a variance for property located at 85 Emporium Avenue to erect 4 ft high fence in exterior side yard.
 
On the question, Mr. Dunn noted this request has special circumstance in that the way the house is situated, the fence being proposed will actually be more in the back yard and affords a more logical area to place the fence.
On the question, Mr. Bond also noted the special circumstances of this particular request. 
 
Ayes:   Four (4)           Mrs. Price, Mr. Dunn, Mr. Bond, Mrs. Rosenswie
Noes:   One (1)            Mr. Hughes                                         Motion carried
 
2006-056         Request of Eric & Debra Graham for a variance for property located at 120 Michael Road to install a U-shaped driveway in front yard setback.
 
                        Eric Graham, 120 Michael Road, stated his mailing address is Orchard Park but the property is located in West Seneca. Letters were submitted from neighbors on each side of his property, stating no objection. 
 
                        Mr. Bond noted that the reason placed on the application was to make it safe to pull out on Michael Road, and asked if the applicant planned on pulling out front ways and if applicant planned on parking cars in the proposed driveway.
 
                        Mr. Graham stated they would not be parking cars there. He is looking to be able to pull in forward and then exit forward.
 
                        Mr. Bond stated that if a car was parked in the garage, it would then have to back out to the proposed driveway, swing into it and then go around.
 
                        Mr. Graham stated that was correct.
 
                        Mr. Czuprynski stated it would be illegal to park in the turnaround, but people still tend to park in one.
 
                        Mr. Dunn asked applicant if he considered paving the area in back of the house so that he could back into the garage and pull out into the regular
 
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West Seneca, NY   14224                                          June 28, 2006
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driveway and then eliminate the need for two driveways in front of the house.
 
                        Mr. Graham stated he had not considered that.
 
                        No comments were received from the public.
 
                        Motion by Mrs. Rosenswie to close the public hearing and grant a variance for property located at 120 Michael Road to install a U-shaped driveway in front yard setback.
 
           Motion lost for lack of second
 
                        Motion by Mr. Bond, seconded by Mr. Dunn, to close the public hearing and deny the request for a variance for property located at 120 Michael Road to install a U-shaped driveway in front yard setback.
 
                        Mr. Dunn noted his reason for denying was based on other alternatives available to applicant without having to put in a second driveway.
 
                        Mr. Bond noted there were other residents on Michael Road with the same problem and this type of request has been denied in the past.
 
                        Ayes:   Three (3)          Mr. Bond, Mr. Dunn, Mr. Hughes
                        Noes:   Two (2 )           Mrs. Rosenswie, Mrs. Price                Motion carried
 
2006-058         Request of Young Development Inc. for a variance for property located at 1370 Southwestern Blvd for a reduction in required bulk area in apartment complex.
 
                        Brian Young, Young Development, 2240 Southwestern Blvd., stated this is a 48 unit apartment complex which was approved by the Planning Board and the Town Board. He is requesting a reduction in the bulk area to provide adequate green space.
 
                        Mrs. Price asked where the green space is planned.
 
                        Mr. Young reviewed the site plan with the Board members, noting that the neighbors to the rear requested the additional green space. They put in a 6 ft berm with 6-7 ft evergreens and extensive landscaping.
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                                                                                    Page seventeen . . .
 
 
                        Mrs. Price asked if the plan would be affected by more square footage and less apartments.
 
                        Mr. Young stated that entire area could be a parking lot under the zoning, but the neighbors would have a building directly in their back yards. They have worked with the neighbors to satisfy their requests and under the plan, they have 120 feet of lawn and berm and landscaping.
 
                        No comments were received from the public.
 
                        Motion by Mr. Bond, seconded by Mrs. Price, to close the public hearing and grant a variance for property located at 1370 Southwestern Blvd for a reduction in required bulk area in apartment complex.
 
                        On the question, Mr. Bond noted that there is a substantial amount of green area on the plan approved by the Town Board and presumed that Board was aware of the shortage on bulk area when it approved the plan.  
 
Ayes:   All       Noes:   None                                                   Motion carried
 
2006-059         Request of Walter Kaczorowski for a variance for property located at 275 Mill Road to replace existing roof 32 ft from front property line.
 
                        Walter Kaczorowski, 275 Mill Road, stated his intention was to replace the existing aluminum type roof with a wood roof. The existing roof has been there for 33 years and a belly in the awning has developed over time. The dimensions will remain the same.
 
                        Signatures of residents at 276 Mill Road, 268 Mill Road, 287 Mill Rod and 284 Mill Road were submitted, stating no objection.
 
                        No comments were received from the public.
 
                        Motion by Mr. Hughes, seconded by Mrs. Price, to close the public hearing and grant a variance for property located at 275 Mill Road to replace existing roof 32 ft from front property line.
 
                        Ayes:   All                   Noes:   None                                       Motion carried
 
 
WEST SENECA TOWN OFFICES                       ZONING BOARD OF APPEALS
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West Seneca, NY   14224                                          June 28, 2006
                                                                                    Page eighteen . . .
 
 
2006-060         Request of Michael Wirth for a variance for property located at 26 Princess Lane to erect deck 18 ft from front property line.
 
                        Michael Wirth, 26 Princess Lane, stated he would like to erect an 8 x 15 ft deck in front of the house which will extend approximately 2 ft farther than the existing 6 ft concrete porch. Letters were submitted from the residents at 20 Princess Lane and 66 Princess Lane, the two adjoining properties, stating no objection.
 
                        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 26 Princess Lane to erect deck 18 ft from front property line.
 
                        Ayes:   All                   Noes:   None                                       Motion carried
 
2006-061         Request of Marleen Weiss for a variance for property located at 566 Center Road to erect shed 0 ft from house and attached garage.
 
Marleen Weiss, 566 Center Road, stated her husband has PAD, Peripheral Artery Disease. The garage is too small to put a riding lawn mower and would like to erect a 13 x 14 ft shed. Signatures of residents at 574 Center Road and 580 Center Road were submitted, stating no objection. The shed will be erected against the back of the garage, but not attached. The yard is broken up with a pool. There is an exisiting shed which is considered a cabana. It is difficult for her husband to walk with the PAD and the requested shed is to accommodate him. 
 
Mr. Dunn asked if the shed which is considered a cabana is large enough to accommodate the lawn mower.
 
Mrs. Weiss stated it was not large enough, the door being only 26 inches wide and the lawn mower approximately 40 inches. The cabana is used as a changing room for the pool.
 
Mr. Hughes asked why the applicant could not attach the shed to the garage.
 
 
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West Seneca, NY   14224                                          June 28, 2006
                                                            Page nineteen . . .
 
 
Mrs. Weiss stated the garage is a car and a half. There is a snow blower in the garage now and there is no more room. 
 
No comments were received from the public.
 
Motion by Mr. Bond, seconded by Mr. Hughes, to close the public hearing and deny the request for a variance for property located at 566 Center Road to erect shed 0 ft from house and attached garage.
 
On the question, Mr. Bond stated that while he was not unsympathetic to a person with medical problems, the land does not lend itself to any particular hardship as to why the proposed shed could not be located elsewhere with 50-60 ft available to the rear lot line. He saw no need for the shed to be within 6 inches of the garage.
 
On the question, Mr. Dunn stated the husband of applicant has a neurological disease which prevents him from walking any distance.
 
Mr. Bond stated he understood this, but the hardship relates to the land itself and not the personal conditions of the person. 
 
On the question, Mr. Hughes agreed and stated there were other options available to applicant.    
 
Ayes:   Two (2)           Mr. Bond, Mr. Hughes
Noes:   Three (3)          Mrs. Price, Mrs. Rosenswie, Mr. Dunn
Motion denied
 
Motion by Mr. Dunn, seconded by Mrs. Price, to close the public hearing and grant a variance for property located at 566 Center Road to erect shed 0 ft from house and attached garage.
 
Ayes:   Three (3)          Mr. Dunn, Mrs. Price, Mrs. Rosenswie
Noes:   Two (2)           Mr. Bond, Mr. Hughes                       Motion carried
 
2006-062         Request of Stephen Hope for a variance for property located at 199 Fawn Trail to erect addition 3 ft from side property line.
 
                        Stephen Hope, 199 Fawn Trail, appeared on the request.
 
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West Seneca, NY   14224                                          June 28, 2006
                                                                                    Page twenty . . .
 
 
Mr. Bond asked in order to get the same size addition and comply with the zoning, could the addition be a different size, by taking 2 ft off the side and adding 2 ft the other way.
 
                        Mr. Hope stated that was not an option. They would like to put a fireplace on the back side, toward the back yard. He did not want another long narrow room as he has now, but a larger family room. The gas meter is on the front of the house and National Fuel is giving him a problem with moving the meter forward. There is also a basement window so the footage was pushed backward to go the far side of the basement window and then bump it off the back of the house. 
 
                        Mr. Dunn noted the addition could be put on the back of the house.
 
                        Mr. Hope stated he would then have to rip out the patio which goes all the way across, plus it would take up most of the backyard. 
 
                        Letters with signatures of residents at 207 Fawntrail and 191 Fawntrail were submitted, stating no objection.
 
                        No comments were received from the public.
 
                        Motion by Mr. Dunn, seconded by Mr. Bond, to close the public hearing and deny the request for a variance for property located at 199 Fawn Trail to erect addition 3 ft from side property line.
 
                        On the question, Mr. Bond felt the applicant had other options available to him and this does not reflect a hardship to apply with the code.
 
Ayes:   Two (2)           Mr. Dunn, Mr. Bond
                        Noes:   Three (3)          Mr. Hughes, Mrs. Price, Mrs. Rosenswie
 
                        Motion Denied
 
                        Motion by Mrs. Rosenwie, seconded by Mrs. Price, to close the public hearing and grant a variance for property located at 199 Fawn Trail to erect addition 3 ft from side property line.
 
                        On the question, Mrs. Rosenswie noted that the adjoining neighbors had no objection to the request.
WEST SENECA TOWN OFFICES                       ZONING BOARD OF APPEALS
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West Seneca, NY   14224                                          June 28, 2006
                                                            Page twenty-one . . .
 
 
Ayes:   Three (3)          Mrs. Rosenswie, Mrs. Price, Mr. Hughes
                        Noes:   Two (2)           Mr. Dunn, Mr. Bond                           Motion carried
 
2006-063         Request of Joseph DeMarco, DeMarco Masonry, for a variance for property located at 1780 Union Road to erect structure on existing foundation 5.63 ft from rear property line.
 
                        Diane DeMarco, Orchard Park, stated the structure would be erected on the existing foundation on the property. She contacted the neighbors up and down Union Road and they had no objection. She also contacted Highway Superintendent Patrick Finnegan who also provided a letter of no objection.
 
                        Mr. Bond noted the letter of Patrick Finnegan indicates the proposal of applicant does not interfer with the operation of the Highway Department.
 
                        Mrs. Price asked for a clarification on what the applicant was requesting.
 
                        Mr. McCabe responded that the proposal is for the building where Capriotto’s Auto Parts was located. The existing old structure was demolished and the applicant would like to expand the existing foundation.  What had been there existed for 30 years in terms of the foundation.
 
                        Mrs. Rosenswie asked what the structure would be used for, and if a topless bar was planned.
 
                        Ms. DeMarco stated they had been approached by a pizzeria and an insurance agency, but nothing is definite at this point. A topless bar will not be considered.
 
                        Mr. Bond noted that the wall has already been erected as a result of a misunderstanding.
 
                        Ms. DeMarco stated there was a misunderstanding between her husband and Mr. Czyprynski.
 
                        Mr. Czuprynski stated the front building is cocked. The side addition was cocked too and it was thought it was far enough away from the property line, but everything is actually cocked on the lot, even though the one
WEST SENECA TOWN OFFICES                       ZONING BOARD OF APPEALS
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West Seneca, NY   14224                                          June 28, 2006
                                                                                    Page twenty-two . . .
 
 
corner is 10 ft from the property line. The error was made many years ago and continued.
 
                        No comments were received from the public.
 
                        Motion by Mr. Hughes, seconded by Mr. Dunn, to close the public hearing and grant a variance for property located at 1780 Union Road to erect structure on existing foundation 5.63 ft from rear property line.
 
                        Ayes:   All                   Noes:   None                                       Motion carried
 
2006-064         Request of Mark & Megan Molloy for a variance for property located at 919 Main Street to locate storage shed 1 ft from side property line and 0 ft from house.
 
Mark Molloy, 919 Main Street, stated his proposal is for a storage shed on the east side of the property line. The backyard is oddly shaped and the formation of the property which has a cliff-like dropoff, prevents the shed being placed anywhere else on the property. The only outdoor access to the back yard is through a gate that exists on the west side of the property line where the tip of the neighbor’s fence extends to the back corner of the house. Locating a shed on the west property line would eliminate any access to the back yard. The shed would be located inside the existing fence on the east side of the property. 
 
A letter with signatures of residents at 931 Main Street and 925 Main Street was submitted, stating no objection.
 
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 919 Main Street to locate storage shed 1 ft from side property line and 0 ft from house.
 
Mr. Bond stated this is a perfect example of a hardship due to the lay of the land, as opposed to previous requests coming before the Board.
           
Ayes:   All                   Noes                                                    Motion carried
 
WEST SENECA TOWN OFFICES                       ZONING BOARD OF APPEALS
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West Seneca, NY   14224                                          June 28, 2006
                                                                                    Page twenty-three . . .
 
 
ADJOURNMENT:
 
Motion by Mrs. Price, seconded by Mr. Bond, to close the public hearing and adjourn the meeting (9:15 p.m.).
 
Respectfully submitted,
 
 
 
Patricia C. DePasquale, RMC/CMC
Secretary