Zoning Board Minutes March 26th

WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
1250 Union Road Minutes #2014-03
West Seneca, NY 14224 March 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 Geise Rosenswie
Jeff Baksa – 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 Rosenswie, to open the public hearing.

Ayes: All Nose: None Motion Carried

APPROVAL OF PROOFS OF PUBLICATION

Motion by Hughes, 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

Hicks noted that there were some minor typographical errors that needed to be corrected before being published on the website.

Motion by Hicks, seconded by Hughes, to approve Minutes #2014-02 February 26, 2014.

.
Ayes: All Nose: None Motion Carried

 

WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
1250 Union Road Minutes #2014-01
West Seneca, NY 14224 March 26, 2014
Page 2

 

OLD BUSINESS

2012-010

Request of Deacon Comerford for a renewal for property located at 151 Century Drive to raise chickens (raising poultry not permitted). Two years ago he requested and was granted a variance to raise chickens, as long as he agreed to come before the Zoning Board for a yearly review. Hughes asked Tim Elling if there were any police reports or issues in the neighborhood in regards to the chickens. Elling stated that he had requested information from the W.S. Police Department regarding any complaints about the chickens in the past year, there were no complaints. Mr. Comerford stated that one of his chickens died so he currently has five chickens. Mike Hughes stated that this issue continues to come to the Zoning Board because the Town is waiting for the Town Board to take an official position or to pass a law that specifically deals with this.

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 151 Century Drive to raise chickens.

Ayes: All Noes: None Motion Carried

NEW BUSINESS
2014-004

Request of Allen Hemming for a variance for property located at 2304 Transit Road to allow a higher than allowed garage (12’ high allowed, 14’ proposed). Hemming stated that he wants to build a garage with 11’ walls. Code Enforcement Office Jeff Baksa stated that the Building and Plumbing Department does not have a problem with this and for the record the requirement by the Town says that 12’ is the max but that’s not to the peak. Jeff also stated that on the Zoning Board application, Mr. Hemming states that he wants to build a taller garage because he would like to store his boat inside of it. Baksa questioned if Hemming would be doing auto mechanic work on any cars other than his own, Hemming responded by saying no he would only be using the garage to store one boat and his own cars. Hemming brought letters from both of his neighbors stating that they do not have a problem with him building a garage with 11’ walls. The letters were from Don Seufert who resides at the house south of Mr. Hemming, 2300 Transit Road and the other letter is from Solomon DeJesus who resides at the house to the north of Mr. Hemming.

No comments were received from the public.

WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
1250 Union Road Minutes #2014-01
West Seneca, NY 14224 March 26, 2014
Page 3
 

Motion by Harmon, seconded by Rosenswie, to close the public hearing and grant a variance for property located at 2304 Transit Road to allow a higher than allowed garage.

Ayes: All Noes: None Motion Carried

2014-006

Request of Bernard Wells for a variance for property located at 511 Union Road to replace existing manual lettering sign with an electronic digital sign. Wells stated that there is an existing non electronic sign on the property that has to be changed by hand. He stated that the existing sign would be replaced by an electronic sign of the exact same size. Wells brought a map showing a 500’ radius surrounding the sign and has signatures from all but one resident who resides within that 500’ radius. Wells brought signed letters from the following addresses on union Road: 514, 504, 496, 486, 521, 524, and letters from two addresses on Timothy Court: 8 & 14. Mike Hughes asked Wells if he is aware of the guidelines regarding electronic signs, Wells said he is aware and has a copy of the sign ordinance. Hicks pointed out that the sign must dim at 10:00PM, she stated that potential neighbors came before the board and she wanted to ensure they would not be affected by the sign.

A member from the public, Karen Lucachik from Greenmeadow Drive, asked what business it is that this permit is for. Chairman Elling stated that its for First Baptist Church, located just north of Reserve Road on the east side of Union Road. Lucachik asked if that is a residential area, Elling replied by stating that the town has designated Union Road, Seneca Street, Clinton Street, Center Road, Ridge Road, Harlem Road and the west end of Michael Road, Orchard Park road, Lein Road and Slade as the business district for those signs. Code Enforcement officer Baksa stated that the purpose for the variance at this point is because the sign is within 500’ of residential properties, and that the zoning in this area is 75A which is residential, but it does allow churches. Baksa stated that sign ordinance rules are put in place to ensure that the electronic sign does not affect the residential areas. Hughes clarified that the variance is because the sign will be going within 500’ of the residential homes; Baksa stated that the approval for the electronic sign itself will go before the Town Board. Elling stated that he spoke with Code Enforcement Officer John Gullo who will be reaching out to those with an electronic sign to set up a system with the message boards so that important town messages will be posted, such as driving bans, lockdowns etc.

Motion by Hughes, seconded by Rosenswie, to close the public hearing and grant a variance for property located at 511 Union Road to replace existing manual lettering sign with an electronic digital sign within 500’ of residential properties.

WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
1250 Union Road Minutes #2014-01
West Seneca, NY 14224 March 26, 2014
Page 4

Ayes: All Noes: None Motion Carried

2014-007

Request of Melissa Thore for a variance for property located at 1560 Southwestern Boulevard seeking setback variance (required setback from 40’//rear 30’;requested 38.86//28.70 and 29.05). Thore is from Bouvier Law and was representing the applicant PinPoint LLC, who is a new purchaser of the property. Thore stated that this property comprises 42 high end residential rental units in seven units with attached garages. When they applied for the mortgage it was brought to their attention that three of the buildings violate the Town setback requirement although they have been in place since approximately 2006 and 2009. The lender requested that this matter be brought to the Zoning Board in hopes that they will be grandfathered in with a variance with the three buildings. Hughes asked if there had been any complaints in this past about these types of issues for the property. Baksa stated that in order to have the property in compliance with the Town they came forward to request variances for existing properties that are not in compliance, so that they can bring them into compliance as much as possible. Hughes pointed out that one building is out of compliance by less than one foot and the other is a little bit more than one foot. The letters of the buildings that are not in compliance are D(rear setback reduction), E(rear setback reduction), and G(front setback reduction).

No comments were received from the public.

Motion by Harmon, seconded by Rosenswie, to close the public hearing and grant a variance from the property located at 1560-1590 Southwestern Boulevard.

Ayes: All Noes: None Motion Carried

Elling asked if there were any issues from the public that anyone needed to speak about. Elling stated that a resident approached him asking about the West Seneca Bee in regards to the proof of publications, the legal notices and the agenda. The resident asked if all of those things were obligated to be put in the Bee, Elling spoke with attorney Matt Palmieri who stated that the agenda does not have to be put in the Bee. Elling stated that the agenda would only be on the website and not published in the Bee. Karen Lucachik spoke again and made a comment about the Zoning Board agenda and how usually it’s on the front page of the Town website but now she doesn’t think it’s as easily accessible. Karen stated that she doesn't think people should have to spend time going through the website to see what’s going on. It was pointed out that now there is an entire page that has been created specifically for the Zoning Board Agenda. Hicks asked if the Zoning Board is being managed

WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
1250 Union Road Minutes #2014-01
West Seneca, NY 14224 March 26, 2014
Page 5

the same way as the Planning Board and the Town Board. Elling stated that changing the agenda page back to the way it was would be looked into. Jeff Baksa stated that since the beginning of the year the Zoning Board has been going through a lot of changes with personnel and the way things are being conducted. Jeff stated that everyone is becoming accustomed to the changes and trying to get things to a normal, he requested that the public has patience and stated that suggestions that are made will be taken into consideration.

ADJOURNMENT

Motion by Rosenswie, seconded by Harmon to adjourn the meeting at 7:32.

Ayes: All Noes: None Motion Carried

 

Respectfully Submitted,

 

Marleah Martinez

Zoning Board of Appeals Secretary