December 10, 2014 Zoning Board Minutes

WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
1250 Union Road Minutes #2014-10
West Seneca, NY 14224 October 22, 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 Baska – Building and Plumbing
Charles Grieco - 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 Mike Hughes, seconded by Mike Harmon, to open the public hearing.

Ayes: All Noes: None Motion Carried

APPROVAL OF PROOFS OF PUBLICATION

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

Ayes: All Noes: None Motion Carried

APPROVAL OF MINUTES

Motion by Mike Hughes, seconded by Sandra Giese Rosenswie, to approve Minutes
#2014-09 of September 24, 2014.

Ayes: All Noes: None Motion Carried

WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
1250 Union Road Minutes #2014-10
West Seneca, NY 14224 October 22, 2014
Page 2

OLD BUSINESS

2010-063
Request of Patrick Sullivan for a renewal of a variance for property located at 270 Center Road to allow live music.
The applicant was not at the meeting at this time and the item was tabled until the end of the meeting.
Motion by Hicks, seconded by Hughes, to table the variance until the end of the meeting.

Ayes: All Noes: None Motion Carried

2011-047

Request of Lynda Otto for a renewal of a variance for property located at 183 Westcliff Drive to raise chickens on property.

Ms. Otto explained that she has been raising chickens for three years and she has to come to renew the variance every year. Sandra Giese Rosenswie commended Ms. Otto on her yard and informed her that she sets a good example for others in the Town. Tim Elling noted that there have been no complaints or police records over the past year. Ms. Otto asked if the variance could be extended for more than a year and Chairman Elling stated that as of this time she has to come back on a yearly basis.

No comments were received from the public.

Motion by Giese Rosenswie, seconded by Hughes, to close the public hearing and grant the variance for property located at 183 Westcliff Drive to raise chickens on the property, with the stipulation that Ms. Otto come back in 1 year to renew the variance.

Ayes: All Noes: None Motion Carried

2011-060
Request of Dennis Sullivan for a renewal of a variance for property located at 1481 Orchard Park Road to raise chickens on property.

WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
1250 Union Road Minutes #2014-10
West Seneca, NY 14224 October 22, 2014
Page 3

Mr. Sullivan explained that his situation is similar to Ms. Otto’s. Mr. Sullivan stated that he no longer has roosters he just has hens. He is keeping them in the same spot that he has kept them in the past. Chairman Elling stated that he checked with the West Seneca police department and there are no complaints on file for the past year.

No comments were received from the public.

Motion by Hughes, seconded by Giese Rosenswie, to close the public hearing and grant the variance for property located at 1481 Orchard Park Road to raise chickens on the property, with the stipulation that Mr. Sullivan come back in 1 year to renew the variance.

Ayes: All Noes: None Motion Carried

2014-045

Request of H. Dale Kling for a variance for property located at 4760 Clinton Street to erect a garage 1’ from front lot line (erect accessory structure without principal building; 40’ front setback required)

This item is tabled for the December 10, 2014 Zoning Board of Appeals meeting.

No comments were made from the public.

Motion by Hughes, seconded by Giese Rosenswie to table the item until the December 10, 2014 meeting.
Ayes: All Noes: None Motion Carried

2014-048

Request of William Hartnett Sr. for a variance for property located at 484 Harlem Road to allow music outside and outdoor seating (Zoning Ordinance 120-20(7J), 120-20 (8D); outdoor live music not permitted)
Mr. Hartnett explained that he has a garage he would like to turn into a seasonal bar and restaurant, he would like to have outdoor seating and music. The Erie County Department of Environment and Planning responded to the request by saying “no recommendation; proposed action has been reviewed and determined to be of local concern”. The NYS Department of Transportation responded by staying “New York State Department of
WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
1250 Union Road Minutes #2014-10
West Seneca, NY 14224 October 22, 2014
Page 4

Transportation (NYSDOT) has no objection to the variance request for outdoor music and outdoor seating given that neither will be within the State Highway Right-of-Way”. Mr. Hartnett brought letters of support from his neighbors during the September meeting. Chairman Elling had a letter of opposition, stating that the neighborhood is a quiet residential, densely populated area and the proposed activities would make the area more of a party zone and less of a family area. The letter states that on February 13, 1995 and outdoor grove activity was voted down by the Town Board members. The petition was signed by residents of 63 Aurora, 65 Aurora, 41 Aurora, 49 Aurora, 42 Aurora, 37 Aurora, 29 Aurora and 67 Aurora.
Mr. Hartnett brought up the fact that the fire hall plays music until midnight when they have fundraisers. It was pointed out that the fire hall only hosts two events a year where they have music outdoors. Mike Hughes stated that should the variance be granted, it would be temporary and Mr. Hartnett would have to come back in 1 year. Mr. Hartnett stated that he could be entertaining up to 100 people at any given time should this variance be granted. Tim Elling asked Mr. Hartnett what days and times he would be looking to have the variance granted for. Mr. Hartnett stated he would like it for one or two days a week at least. Jeff Baska explained that the variance would have to be more specific in regards to days and times of when he would like to be allowed to have outdoor music. Mike Harmon stated that he would have no objections to setting the variance to allow outdoor music on Fridays and Saturdays between 3:00PM and 10:00PM and 3:00-7:00PM on Sundays.
Jim Rommel of 67 Aurora Avenue came to protest the variance. Mr. Rommel stated that his backyard and other backyards of people who were unable to attend the meeting. Mr. Rommel explained that many people in the neighborhood have young kids and the noise would disrupt the people of the neighborhood at night. Mr. Rommel brought The Sun newspaper and pointed out an ad showing that Mr. Hartnett has a karaoke bar every Wednesday night from 7PM-11PM. Mr. Rommel stated the ordinance from 1995 stated that no outside music is allowed. Trespassing and parking were also issues that Mr. Rommel brought up that he and his fellow petitioners are concerned about.
Evelyn Hicks questioned if this matter should go before the Planning Board because the use of the property is being changed. Jeff Baska stated that he has no seen any draws or plans for this because none were submitted with the application. Evelyn Hicks pointed out that there would be a lot of unknowns with this variance and what it is proposing.

WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
1250 Union Road Minutes #2014-10
West Seneca, NY 14224 October 22, 2014
Page 5

Motion by Hicks, seconded by Harmon to table the variance, close the public hearing and send the variance for property located at 484 Harlem Road to allow music outside and outdoor seating (Zoning Ordinance 120-20(7J), 120-20 (8D); outdoor live music not permitted) to the Planning Board.
NEW BUSINESS
2014-053
Request of Franco Kroese for a variance for property located at 20 Rolling Woods Lane to allow an accessory structure higher than allowed (12’ max permitted; requesting 14’8”, 16’5” peak)
Mr. Kroese explained that he would like to build a garage higher than allowed because he has a car collection and would like to add one or two more to it. Mr. Kroese explained that the structure would match his house. Mike Hughes asked if Mr. Kroese was planning on running a business out of the garage to which Mr. Kroese explained that he would only be using the garage for storage. A letter of support was signed by Joe Alfieri of 15 Rolling Woods, Jim Myors of 8 Rolling Woods, Linda Moeller of 14 Rolling Woods, Cy Yerkovich of 697 Union Road and Ken Zeames of 26 Rolling Woods.
No comments were received from the public.

Motion by Giese Rosenswie, seconded by Hughes, to close the public hearing and grant the variance for property located at 183 Westcliff Drive to raise chickens on the property, with the stipulation that Ms. Otto come back in 1 year to renew the variance.

Ayes: All Noes: None Motion Carried

2014-054
Request of Michael Yost for a variance for property located at 490 Center Road to erect a larger than permitted sign (40 SQ foot permitted, 60 SQ foot requested)
Michael Yost from the sign company Yost Neon Designs sign came to represent the property located at 490 Center Road. Mr. Yost explained that they would like for the sign to be a larger than permitted so that all six businesses within the Birchwood Professional Center can have their own slot on the sign. Jeff Baska stated that there is a required setback on this type of sign and the variance is not asking to reduce the setback so the sign cannot get any closer to the sidewalk than what the required setback is. Mr. Yost brought a letter of support from 496 Center Road signed by Michael Lupinetti. Mr. Yost stated that the sign is going to be a non lit sign, there may be a flood light that points at the sign but it will not be an LED sign.
No comments were received from the public.

Motion by Hughes, seconded by Giese Rosenswie, to close the public hearing and grant the variance for property located at 490 Center Road to erect a larger than permitted sign of 60 SQ feet.

Ayes: All Noes: None Motion Carried

2014-055

Request of Craig Tschetter for a variance for property located at 4560 Clinton Street to erect a specialty sign across from residence, install stone parking area in rear and change screening of parking lot (120-40G specialty signs within 500 ft residential; install stone parking 92-4A; permission to change required screening 120-26C)

Mr. Tschetter explained that he is looking to redo the sign on the front of the building because the old sign is over ten years old. He would like to construct an Amber LED message, 2 sided sign and a back lit two sided sign with a center divider bar. Mr. Tschetter explained that the screening was an issue with the swale that was previously installed on the property. Before Mr. Tschetter took down the fence he went to the Building and Plumbing department to reiterate the fact that once the fence same down it would not being going back up and that trees would be planted instead. The Engineering Department came out and determined that the swale was not needed so Mr. Tschetter had the parking lot paved and put the trees in. Mr. Tschetter stated that he would like to put a store parking area in the rear after Evelyn Hicks asked him if he needed the stone parking area variance or the screening variance. Mike Harmon asked if the tree planted would be considered a fence type of screening. Jeff Baska stated that once they are full gown and grow together they will be considered screening. Jeff Baska stated that when the variance was approved the screening was a fence and now the screening is being changed from what the site plan approval was originally. Mike Harmon asked how long the stone drive is and it was determined that it is about 92’ long and 10’ wide. Evelyn Hicks asked if it was permeable and asked if the water would seep through and drain to the ground to which Mr. Tschetter confirmed that it will be permeable. Jeff stated that as far as taking phone call complaints from neighbors there have not been any. Mr. Tschetter has signed letters of support from Ewa Reilla of 4601 Clinton Street, Nancy and George Baumgartner of 4605 Clinton Street and Michelle Foser of 4627 Clinton Street.

Mike Mileweski who resides at 4620 Clinton Street is opposed to the variance. A letter of opposition to the proposed variance was signed by Russ and Cathy Peck of 4656 Clinton Street, Salvatore Hutton of 4627 Clinton Street, Joseph Coia of 4603 Clinton Street, Sean R of 4601 Clinton Street, Alan Caruana of 4553 Clinton Street, Ronald Starzynski of 4617 Clinton Street, Micah and Lindsey Milewski of 4620 Clinton Street and Craig and Lisa Gangloff of 4630 Clinton Street. Mr. Milewski explained that the proposed changes Mr. Tschetter wants to make will create more noise, pollution and lower the property values of the surrounding houses. Mr. Milewski explained that by taking the Jeff Baska reminded everyone that the sign variance would have to go to the Town Board meeting should it be passed by the Zoning Board, allowing it to be within 500’ of a residential.

Craig Gangloff of 4630 Clinton Street spoke. Mr. Gangloff explained that when he first moved in there was a fence that blocked most of the garbage, light and noise that occurs at Mr. Tschetter’s property. Mr. Gangloff explained that should an LED sign be put in, the light will be shining through several of the neighbors windows. Since the fence came down the amount of light coming from Mr. Tschetter’s property is excessive as stated by Mr. Gangloff. As shown in pictures, the dumpsters at Mr. Tschetter’s property are over flowing and there is garbage that ends up in Mr. Gangloffs all of the neighbors backyards. Mr. Gangloff explained that he has water issues on his property and he explained that when he bought his house his property disclosure statement states that since the Tschetter’s construction facility went in, there has been nothing but flooding problems in the backyard. Mr. Gangloff also pointed out that the Cheektowaga snow plows turn around on Mr. Tschetter’s property at all hours of the night during the winter.

Mr. Melewski spoke again and stated that at the August 9, 2006 meeting when Mr. Tschetter applied to have the property changed from an M-1 to M-1S, it specifically states that he is to have a fence of the same starting where the old one ended and continuing on in order to screen from the residential lot.

Ronald Starzynski of 4617 Clinton Street also shared his displeasure with the proposed variance. Mr. Starzynski is directly across the street from Mr. Tschetter’s business. He explained that there are currently five signs on Mr. Tschetter’s property and is opposed to there being an LED sign. Mr. Starzynski voiced his displeasure about the lights, people driving in and out of the property at all hours of the night and the garbage that comes from his property.

Mike Harmon asked about the type of fence Mr. Tschetter had up and it was a 6’ wooden dog eared fence. Mr. Harmon pointed out that since the fence came down it seems like the neighbors have more trash in their yards and Mr. Tschetter admitted that some garbage most likely blows out of his dumpster. Mr. Tschetter explained that he wants to utilize the fence in the back of the property to screen the area because he wants to get rid of the dumpsters and put them on the stone pad area. Mr. Tschetter explained that he would like to put up concrete blocks and make a storage area for the garbage containers. Mr. Tschetter explained that he takes all his property water and disburses it to the ditch which takes it to the creek. Mr. Tschetter explained that his architect put in a French drain, from the ditch all the way to the back of his first building, there is a 5’ deep 12” wide French drain that diverts the water to the ditch which then disperses it to the creek.

Mike Harmon reiterated the fact that Mr. Tschetter took the fence down even though he was required to have a fence there originally. Mr. Tschetter explained that in 2004 when he originally came in for the variance for Mankos to use the back building. The fence was never part of any of his submittals to the Building and Plumbing or Engineering department. Jeff Baska explained that once Mankos was put in it was required that screening be put in due to automotive use. Town Attorney Charles Grieco explained the screening specifies different types of screening such as a compact evergreen hedge that reaches a height of 5’ within three years or a solid fence.

Tim Elling pointed out that there is a lot of footage between the trees that Mr. Tschetter has planted. Mr. Tschetter explained that the trees are between 16 and 17 feet apart from one another. Mike Harmon asked if Mr. Tschetter would have any objection to putting another tree in between the trees that are already planted. Mr. Tschetter explained that the trees are planted that far apart so they don’t grow together and die. Mr. Tschetter explained that he would entertain putting something between the trees but he doesn’t know if it will be another pine tree. Mr. Tschetter explained that he wouldn’t be able to do anything until the spring and the Board agreed with that. Mike Harmon and the other Board members agreed that the hedge had to be made solid. Mr. Tschetter explained that his company does a lot of different work and he would like an LED sign to advertise that. Mike Harmon explained that the Zoning Board would simply be approving the variance for the sign to be within 500’ of a residential, should that happen the variance would then have to go before the Town Board.

Mike Hughes asked about the stone drive and whether or not the Building and Plumbing department had any problems with it. Jeff Baska stated that before hearing anything from the public, it would be in the rear of the property and it wouldn’t cause problems. Mike Harmon stated that the lot line should be made solid by June 15, 2015. Mr. Tschetter stated that the 25’ stone extension of his parking lot behind the second building has been there since he built the second building and it’s used to stockpile snow.

No other comments were received from the public.

Motion by Hughes, seconded by Giese Rosenswie, to close the public hearing and deny the variance for the specialty sign, approve the variance for the stone parking and grant a temporary variance to install the screening by June 15, 2015.

Ayes: All Noes: None Motion Carried

2014-056

Request of Jonathan Schmid for a variance for property located at 1777 Union Road to allow storage of contractor equipment outside, 6’ fence in front and side yards (district requires business conducted within completely enclosed building; fences permitted as regulated in R districts.

Ralph Lorigo of 101 Slade Avenue came on behalf of Mr. Schmid regarding the property on 1777 Union Road. Mr. Lorigo explained that they have been negotiating a lease with Sun Tool Rentals which is the second largest machine tool rental company in the United States. The proposed fence in the front is an architectural style, decorative fence, and on the other three side of the property it will be a chain link fence. On the north side facing Seneca Creek the fence would be screened with the slats that go through the fence. Mr. Lorigo explained that the property is zoned C-2 for the first 200’ and then its zoned M-1 beyond that. Evelyn Hicks asked how far off the sidewalk the decorative fence would be and it was determined that it will be approximately 8.78 feet from the sidewalk. As far as letters of support, Mr. Lorigo owns the properties across the street (1840-1850 Union Road) and signed a letter of support along with Diane DeMarco who resides at 1780 Union Road. Evelyn Hicks asked if there were any safety concerns about the privacy slats that will be going into the fence. Jeff Baska said that there were no concerns. This project will also being going to the Planning Board for sight plans. Ralph Lorigo stated that if the privacy slats were not wanted then they would have no problem having just a plain chain link fence. Jeff Baska stated that the Planning Board generally always s requests screening in situations like this.

No comments were received from the public.

Motion by Giese Rosenswie, seconded by Harmon, to close the public hearing and grant the variance as requested for property located at 1777 Union Road to erect a 6’ fence in the front and side yards.

Ayes: All Noes: None Motion Carried

Request of George Kallas for a variance for properties located at 3859 Clinton, 3863 Clinton Street and 3869 Clinton Street, approved for rezone by Planning Board (R-50 Zone – 8,000 SF lot required, 6,200 SF lot requested; 30’ rear yard required, 20’ requested)

Mike Metzger from Metzger Civil Engineering spoke on behalf of George Kallas. Mr. Metzger explained that the property is 5 acres in size and the project is a patio home development. The property was rezoned by the Town Board, from one residential classification to another. Mr. Metzger explained that they would be targeting empty nesters and seniors for these single story individual homes on individual lots. Other than the sewer everything would be private, private infrastructure, roads, storm sewers, and water lines. This project would be constructed at no cost to the Town and there would be no ongoing costs to the Town. Mr. Metzger explained that the dark green area on the drawing depicts everything that is within the 100 year flood plain of Buffalo Creek, the proposed homes will not be in the flood plain. Due to avoid the loss of vegetation there is land in this development that is going to be left as a conservation area, and there is also a tree planting plan. Due to those changes the Buffalo Creek Corridor is now preserved and protected forever and the flood plain is unrestricted. Mr. Metzger stated that should the Zoning Board grant these variances, the next step would be for him to go back to the Planning Board and begin that process. Mr. Metzger explained that the first variance is regarding lot size and they are asking for a reduction to use a lot at 6,200 SQ feet. The second variance is for rear yard setback, the minimum setback is 30’ and they are requesting 20’. Not every house will be 20’ but they would like to be able to offer flexibility.

Jeff Baska clarified that once the house is built there will be 20’ from the house to the rear property line. Mr. Metzger explained that their intention is that any part of the structure that has to be outside of the setback area would be outside of the setback area with this variance. Mr. Metzger stated that their intention is to have nothing closer than 20’ to the rear of the yard. At this point they do not have any intention to have a sidewalk installed. Mr. Metzger explained that from the road to the front door the front yard setback is 30’ and the right away is to be established at 60’ in width, there will be approximately 15’ from the edge of pavement to the right of way and then another 30’ to the front yard so it is 45’ from the edge of pavement to the front of the homes. Mr. Metzger explained that they are proposing that the smallest lot in this development be 52’ wide which slightly exceeds the minimum lot requirement.

No comments were received from the public.

Motion by Giese Rosenswie, seconded by Hicks, to close the public hearing and grant the variance as requested for property located at 3859 Clinton, 3863 Clinton Street and 3869 Clinton Street to allow the reduction of the lot size to 6,200 SF and reduce the rear yard setback to 20’.

Ayes: All Noes: None Motion Carried

The November and December Zoning Board meetings will be combined. The meeting will take place on Wednesday, December 10, 2014. The application deadline for that meeting will be November 19, 2014.
Adjournment

Motion by Hicks, seconded by Harmon, to adjourn the meeting at 9:14 P.M.

Ayes: All Noes: None Motion Carried

Respectfully Submitted,

Marleah Martinez
Town Attorney’s Office/
Zoning Board Secretary