February 26, 2014 Minutes

WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
1250 Union Road Minutes #2014-02
West Seneca, NY 14224 February 26, 2014

The regular meeting of the Zoning Board of Appeals of the Town of West Seneca was called to order by Chairman Tim Elling at 7:00 P.M. followed by the Pledge of Allegiance led by board member Mike Harmon and 30 seconds of silent prayer.

ROLL CALL: Present - Tim Elling, Chairman
Michael P. Harmon
Evelyn Hicks
Michael P. Hughes
Sandra Giese Rosenswie
Jeff Schieber – Building and Plumbing
Matt Palmieri, Town Attorney

Absent - None

Chairman Elling read the Fire Prevention Code instructing the public where to exit in case of a fire or an emergency.

OPENING OF PUBLIC HEARING

Motion by Hughes, seconded by Harmon, to open the public hearing.

Ayes: All Nose: None Motion Carried

APPROVAL OF PROOFS OF PUBLICATION

Motion by Hicks, seconded by Harmon that proofs of publication and posting of legal notice be received and filed.

Ayes: All Nose: None Motion Carried

APPROVAL OF MINUTES

Motion by Hughes, seconded by Harmon, to approve Minutes #2013-11 of December 11, 2013 and #2014-01 January 22, 2014.

Sandra Rosenswie asked why the agenda was marked revised on February 14, 2014. It was explained to her that the first agenda that came out did not have minutes posted for #2013-11 of December 11, 2013. Tim Elling explained that the revised copy of the agenda was posted both on the website and on the bulletin board at Town Hall.
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Ayes: All Nose: None Motion Carried
WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
1250 Union Road Minutes #2014-01
West Seneca, NY 14224 January 22, 2014
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OLD BUSINESS

2012-070
Request of Robert Lorenz for a variance for property located at 81 Elmsford Drive to allow a 6’ fence in side yard (maximum 4’ fence allowed). Mr. Lorenz stated that he wanted to put in a 6’ fence going from the front of the house to the back of it. Lorenz submitted a letter from Michael Cretocci, the neighbor residing at 73 Elmsford Drive. The letter stated “permission to erect a 6’0” fence along property line length of the house for Robert Lorenz, 81 Elmsford Drive.” Mike Harmon stated that Mr. Lorenz came to the November meeting but was not aware that he needed letters from the neighbors. Tim Elling read the letter for the record. Tim stated that the fence would be on the east side of the house, towards Orchard Park road, Lorenz confirmed.
Motion by Harmon, seconded by Rosenswie, to close the public hearing and grant a variance for property located at 81 Elmsford Drive to allow a 6’ fence in side yard.
No comments were received from the public.
Mike Hughes abstained on account of the fact that he and Mr. Lorenz work for the same employer.
Ayes: All Noes: None Motion Carried

2014-01

Request of Dominic Russo for a variance for property located at 3580 Clinton Street to construct a 6’ fence in side yard (4’ fence allowed). Wallace Piotrowski was there on behalf of Dominic Russo. Piotrowski stated that they’re requesting a 6’ fence along what would be the front of their property. Piotrowski stated that it’s a unique situation because the house is 117’ off of the street line of Clinton Street. The fence would run parallel with Clinton Street as Mr. Piotrowski explained. Letters from neighbors on either side were presented as well as a copy of the survey and photographs. Mike Hughes asked Jeff Schieber, who is the Building Department was okay with the 117’ and it being a corner lot. Jeff stated there were no issues because the Town would enforce the 40’ no man’s land from the property line, seeing that the fence is so far off the road, there are no parking issues that come into play. Tim Elling read the letters from the neighbors; both stated “I am a neighbor of Dominic Russo who lives at 3580 Clinton Street. I have no objection to the fence on his property, which runs on either side of his driveway near the front of his house.” The letters were from
WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
1250 Union Road Minutes #2014-02
West Seneca, NY 14224 February 26, 2014
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Roman Prystanno, resident of 3578 Clinton Street and also William Irwin of 20 Weigand Avenue.

No comments were received from the public.

Motion by Hughes, seconded by Rosenswie, to close the public hearing and grant a variance for property located at 3580 Clinton Street to construct a 6’ fence in side yard.

Ayes: All Noes: None Motion Carried

2014-002

Request of Michael Olejarz for a variance for property located at 339 Center Road to construct a 6’ fence in side yard (4’ fence allowed). Mr. Olejarz stated that originally there was a 4’ fence on the side of the house and he wanted to change it to a 6’ fence. Mr. Olejarz stated that he already installed the 6’ fence because he was unaware he needed to come to the Zoning Board and get his request approved. Mike Harmon asked what material the fence is made out of and Mr. Olejarz responded by saying that it’s a wooden fence. A letter from Gregory Lindner, the neighbor residing at 100 Campus Drive was presented which stated that he approves of the fence that was constructed by Mr. Olejarz.

No comments were received from the public.

Motion by Rosenswie, seconded by Harmon, to close the public hearing and grant a variance for property located at 339 Center Road to construct a 6’ fence in side yard.

Ayes: All Noes: None Motion Carried

2012-036

Request of Melinda and Edward Bauerlein for a renewal for property located at 72 Sunset Creek to raise chickens (raising poultry not permitted). Mike Hughes stated that Ed Bauerlein had been to a meeting before and that this request was just a renewal. Mr. Bauerlein stated that he and his wife have two chickens on their property and that they came to a meeting a year ago and then six months prior to that. Mr. Bauerlein requested that attending the Zoning Board meetings be more of a conditional type of variance. He stated that he’s trying to understand the need to come back every year versus it being more of a granted conditionally, assuming there are no complaints to speak of. Mike Hughes stated that part of the issue is that the Town Board still has not taken action or made a local law that specifically deals with this.

WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
1250 Union Road Minutes #2014-02
West Seneca, NY 14224 February 26, 2014
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Tim Elling stated that he had a report from the West Seneca Police Department stating that there have been no complaints. Mr. Bauerlein stated that they only have two chickens, although the variance is for five, the might consider getting more chickens in the future.
No comments were received from the public.

Motion by Rosenswie, seconded by Hicks, to close the public hearing and grant a variance for property located at 72 Sunset Creek to raise chickens.
Mike Hughes abstained on account of the fact that he and Mr. Bauerlein work for the same employer.
Ayes: All Noes: None Motion Carried

NEW BUSINESS
2014-003
Request of Michael Berger for a variance for property located at 14 Center Road to allow for a 0’ setback (10’ setback required, 0’ proposed), a 24’ drive lane (30’ required, 24’ proposed) and reduce the amount of parking spaces (44 required, 24 proposed). Michael Berger from Sutton Architecture was there representing Connie Schieoli. Mr. Berger stated that they’re proposing a redevelopment of an existing sight that is roughly a 3700’ building sitting on 16, 000’ site, corner lot of Briarwood and Center Road. The previous occupancy was a medical office; they’re proposing to change it into a daycare facility. Mr. Berger stated that they’re using the existing parking as is and that there is no room to add parking spaces. They’re also proposing to limit access to Center Road to make it a one way traffic flow to try to minimize any congestion of traffic. Mike Hughes stated that Mr. Berger didn’t think they needed extra parking because they will be having transient parkers. Berger stated that was correct and that it wasn’t long term parking, the kids would be getting dropped off and employees would be parking in the front. Mr. Berger stated that they would be supplying five parking spots for employees. Tim Elling asked how many kids they would be applying for with the State. Connie stated that it was approximately 45 kids and they would have seven to eight employees. Evelyn Hicks question whether or not Connie was licensed to operate in the state of New York, she responded by saying yes and that she has two other day care centers that she runs and all of the appropriate paperwork. Jeff Schieber stated that Mr. Berger and Connie would be attending the next Planning Board meeting for the official rezone. Tim Elling stated that he had received a letter from the County of Erie stating that: “Erie County Highway Work Permits will be required if this work is done, they feel that the reduction in the driveway width to Center Road will be okay. It is better than the uncontrolled access that is present. They will allow the parking along the front of that
WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
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West Seneca, NY 14224 February 26, 2014
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building as it is similar to that which exists next door at 2 Center Road. It appears to be utilized the same way in front of this building at this time. The number of parking spots s not a concern of Erie County Department of Public Works.” Hughes asked Jeff Schieber that if the board agreed to the variance and five years down the road from now the building changes what would happen. Jeff explained that every change of use gets addressed in the Building and Plumbing office. Matt Palmieri stated that the Board could put any reasonable restriction on the variance. Mike Harmon asked where the reduction from 30’ to 24’ entering onto Center Road. Jeff Schieber stated that the issue becomes as commercial properties as deemed as Town Code are required to have 30’ drive lanes, Jeff explained that the 24’ reduction is in the drive lane itself. Jeff Schieber also stated that 24’ is typical but the Town Code requires 30’.

No comments were received from the public.

Motion by Rosenswie, seconded by Hughes, to close the public hearing and grant a variance for property located at 14 Center Road to allow for a 0’ setback (10’ setback required, 0’ proposed), a 24’ drive lane (30’ required, 24’ proposed) and reduce the amount of parking spaces (44 required, 24 proposed).
Ayes: All Noes: None Motion Carried

2014-005

Request of Alan Andress for a variance for property located at 255 Burch Avenue to build a new garage closer to property line (3’ setback required, 2’ requested), taller (12’ max height allowed, 13’ requested) and bigger than allowed (30% coverage allowed, 31% requested). Mr. Andress stated that he had a fire in his garage and because of that he wanted to rebuild it. He stated he wanted to do 10’ walls because his pickup truck has a ladder rack on it and he can’t get it in the garage as it is now. He stated that he wants to go another 6’ off to the side so that he has a lean-to; he also wanted to add 12’ as an addition because he wants to put a heated floor in the garage and he needs a spot to but the boiler. Mr. Andress presented a copy of the survey, rough sketches and also letters from his neighbors. Mike Hughes questioned if this new garage was for his personal use or if he was planning on operating business or doing handy-man work. Alan Andress stated that it was for his own personal vehicle and if he does any handy-man work it’s only on his own truck. Tim Elling asked how tall Mr. Andress’ truck is with the ladder rack, he stated that it was about 7’8”. Mr. Andress stated that he had letters from neighbors on both sides, the neighbors directly behind him and also the neighbors at the two back corners of his yard. The letters state “The petition is to get my neighbors consent in building a larger new garage. The garage was originally 22’x20’ with a roof height of 12’/ the new garage I want
WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
1250 Union Road Minutes #2014-02
West Seneca, NY 14224 February 26, 2014
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to build is going to be 28’x22’ with a roof height of 16’.” The letters are signed by Colleen Gindele (240 Chamberlin Ave), Beverly Campese (248 Chamberlin Ave), Sam Patti (253 Burch Ave), Ann Marie Warsaw (257 Burch Ave) and also Lynn Wujek (244 Chamberlin). Andress said that he was going to have 10’ that was open s that he could store trash cans there and then the enclosed part would hold the boiler and utilities. Evelyn Hicks asked if Mr. Andress was going to have water in the garage and he responded saying that he was not going to have water. Jeff Schieber wanted to clarify the rear lot coverage and that the town takes the wide of the property and the dimension from the rear wall of your house to your rear property line, creating a box and that’s what the Town defines as your rear yard. He stated that the Town Code states you’re only allowed to cover 30% of that because if it was more all of the stuff you build, where is the water going to go but on your neighbors property. Mike Hughes asked if the 1% extra over hang was statistically significant and Jeff said no, not in the grand scheme of things.

Comments from public:
Bill Hanley question if Mr. Andress was going to get water to the boiler, Andress stated that the unit is self contained and that there would be no spillage.

Motion by Hughes, seconded by Hicks, to close the public hearing and grant a variance for property located at 255 Burch Avenue to build a new garage closer to property line (3’ setback required, 2’ requested), taller (12’ max height allowed, 13’ requested) and bigger than allowed (30% coverage allowed, 31% requested).

Ayes: All Noes: None Motion Carried

Adjournment

Motion by Harmon, seconded by Rosenswie, to adjourn the meeting at 7:36 P.M.

Ayes: All Noes: None Motion Carried

Respectfully Submitted,

Marleah Martinez
Town Attorney’s Office/ Zoning Board Secretary