Zoning Board Minutes April 22, 2015

WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
1250 Union Road Minutes #2015-04
West Seneca, NY 14224 April 22, 2015

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 Hughes and 30 seconds of silent prayer.

ROLL CALL: Present - Tim Elling, Chairman
Michael P. Harmon
Evelyn Hicks
Michael P. Hughes
Rick Marzullo
Jeff Baska – Building and Plumbing
John Fenz - 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 Noes: None Motion Carried

APPROVAL OF PROOFS OF PUBLICATION

Motion by Harmon, seconded by Hughes that proofs of publication and posting of legal notice be received and filed, nothing that Joseph Dauria’s last name was omitted on the legal notice.

Ayes: All Noes: None Motion Carried

APPROVAL OF MINUTES

Motion by Hughes, seconded by Harmon, to table the Minutes #2015-02 and #2015- 03

Ayes: All Noes: None Motion Carried

WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
1250 Union Road Minutes #2015-04
West Seneca, NY 14224 April 22, 2015
Page 2

OLD BUSINESS

2012-057
Request of Patrick Sullivan for a variance for property located at 3036 Seneca Street to have live music.
No comments were received from the public.
Motion by Hicks, seconded by Harmon, to close the public hearing and table a variance for property located at 3036 Seneca Street to have live music until the end of the meeting, as the applicant was not present.
Ayes: All Noes: None Motion Carried

2013-013
Request of Brian and Lisa Hirsch for a variance for property located at 122 Tampa Drive to raise chickens on the property.
Mr. Hirsch explained that they are not raising chickens; they already have them and would like to keep them. The Hirsch’s explained that they currently have six chickens on their property and no roosters. Mike Hughes pointed out that the Hirsch’s came before the board in 2013 asking for the variance which was granted and approved again in 2014. There were no complaints made to the police department from January 1, 2014 to present.
No comments were received from the public.
Motion by Hughes, seconded by Hicks, to close the public hearing and grant a variance for property located at 122 Tampa Drive to have chickens on the property with the stipulation that they must return in 1 year to renew the variance.
Ayes: All Noes: None Motion Carried

2015-008
Request of James Treadway for a variance for property located at 1036 Center Road to construct second driveway access.
Mr. Treadway came before the board at its March 25, 2015 meeting where his variance asking for a second driveway access was tabled until accurate measurements were determined. Code Enforcement Officer Jeff Baksa explained that there are 20’ from the edge of the road to where Mr. Treadways property line begins, during the last meeting it was suggested the driveway be moved back another 70’ off the property line which would put him about 90’ off of Center Road. In that location it allows traffic for three vehicles between where the driveway would be and the corner. Tim Elling questioned the wideness of the driveway, to which Jeff Baksa responded that it should be generally 20’ wide. Mike Harmon explained that the entire lot depth is 233’ and that the house is 99’ off the front property line.
Steve Lauver of 1046 Center Road spoke and stated that his house is right across Duchess from Mr. Treadway’s. The resident stated that he has a side driveway that leads into his two and a half car garage. Mr. Lauver stated that he supports Mr. Treadways plans to construct a second driveway access off of Duchess.
Motion by Marzullo, seconded by Harmon, to close the public hearing and grant a variance for property located at 1036 Center Road to construct second driveway access 70’ off of the southeast corner property line back to the northeast corner, not to exceed 20’ in width.
Ayes: All Noes: None Motion Carried

2015-009
Request of Joseph Dauria for a variance for property located at 223 Bullis Road to erect a garage higher than permitted (12’ required max height, 22’6”’ requested max height)
Mr. Dauria’s variance was tabled last month due to insufficient paperwork signed by the neighbors in support of his project. The resident provided letters of support stating the exact measurements of his project, the letters were signed by James Borowczyk of 222 Bullis Road, Paul Grane of 196 Bullis Road, Robert Hay of 247 Bullis Road, Joanne Zakowski of 180 Bullis Road, Yrnee Sinte of 199 Bullis Road, Carol Dauria of 225 and 229 Bullis Road. The garage will be 36’ by 64’ by 16’ and the tallest point will be 22’ tall.
No comments were received from the public.
Motion by Hughes , seconded by Harmon, to close the public hearing and grant a variance as requested for property located at 223 Bullis Road to erect a garage higher than permitted (12’ required max height, 22’6”’ requested max height)
Ayes: All Noes: None Motion Carried

NEW BUSINESS

2015-011
Request of Stephen and Annemarie DiSalvo for a variance for property located at 882 Mineral Springs Road to erect a garage taller than permitted (12’ height allowed in R district, 15’6” requested.)
Mr. DiSalvo stated that he would like to build a pole style barn on his property that is 5.7 acres. The barn will be used to store is RV, boat and lawn supplies. Mr. DiSalvo explained that a business will not be run out of the barn. Mr. DiSalvo brought a letter of support stating that they were okay with Mr. DiSalvo building a barn with a roof approximately 3.5’ above the allowed height. The letter was signed by neighbors James Diche of 906 Mineral Springs Road, Daryl & Lynne Krawczyk of 870 Mineral Springs and Matthew K of 873 Mineral Springs Road. The bard will be built off to the right hand side of the driveway, approximately 50’ off of the road.
No comments were received from the public.
Motion by Harmon, seconded by Marzullo, to close the public hearing and grant a variance for property located at 882 Mineral Springs Road to erect a garage taller than permitted (12’ height allowed in R district, 15’6” requested.)
Ayes: All Noes: None Abstained: Tim Elling Motion Carried

2015-012
Request of John Kalstek of J & M Home Builders, Inc. for a variance for property located at 255 Burch Avenue to reduce front setback (16.69’ requested, 30’ required) and reduce sideyard setback (3’ requested, 5’ required)
Alan Andres explained that his house suffered damages from the storm in November and he has to rebuild it. Mr. Andres explained that the builders are going to use the same foundation for the new house; they are just going to bring it up to code. Mike Hughes pointed out that Mr. Andres needs a variance for both the front and the side setbacks. There were letters of support signed by Sam Patti of 253 Burch Avenue and Ann Warsaw of 257 Burch Avenue.
No comments were received from the public.
Motion by Hughes, seconded by Hicks, to close the public hearing and grant the variances for property located at 255 Burch Avenue to reduce front setback (16.69’ requested, 30’ required) and reduce sideyard setback (3’ requested, 5’ required)
Ayes: All Noes: None Motion Carried

2015-013
Request of William Hay for a variance for property located at 86 Cathedral Drive to erect a taller fence than allowed (4’ high fence on side/6’ fence in rear allowed, 10’-0” requested)
William Hay explained that his neighbor piles his snow on to Mr. Hay’s property. The neighbor piled so much snow onto Mr. Hay’s property this year that it caused his generator to shift. Mike Hughes asked if Mr. Hay has filed any formal complaints with the West Seneca Police Department or with the Building and Plumbing Department. Mr. Hay stated that he complained to the police department a few years prior but they did not do anything. Evelyn Hicks pointed out that a 10’ fence will most likely not solve the problem, calling the police department or the code enforcement officers will most likely be the best option.
Attorney John Fenz pointed out that this is an area variance and that there are five factors the board should keep in mind when deciding to approve or deny this request. The first factor is whether an undesirable change in the neighborhood would result, whether the benefits could be obtained by the applicant by some other method, whether the area variance is substantial, whether the change would have an adverse impact on the character of the neighborhood and whether it was self created. The board suggested that Mr. Hay continue to take pictures and submit formal complaints to both the police department and the building and plumbing department.
No comments were received from the public.
Motion by Harmon, seconded by Hughes, to close the public hearing and deny a variance for property located at 86 Cathedral Drive to erect a taller fence than allowed (4’ high fence on side/6’ fence in rear allowed, 10’-0” requested).
Ayes: All Noes: None Motion Carried

2015-014
Request of Raymond Peacock for a variance for property located at 126 Flohr Avenue to erect a garage without a house (private garage is accessory to house, no house on lot: minimum yards 30’ setback required, 20’ requested)
Mr. Peacock explained that he wants to put a garage across the street from his house on the lot he owns. He would like to store his vehicles and his yard tools and lawn equipment in the garage. Mr. Peacock brought signed letters of support from his neighbors Pamela Mudar of 120 Flohr Ave, J.A. Wagner of 136 Flohr Ave, Andrew Fininzio of 115 Flohr Ave, Sandra Meier of 132 Flohr Ave, Paul Suprio of 137 Flohr Ave and Carol Zajac of 135 Harlem Road. Mr. Harmon questioned whether or not the homes next to this lot are at the 30’ setback or if the garage would be set closer to the road than those homes. Jeff Baksa explained that ion that section of Flohr the setbacks are very short and the houses are pretty close to the street. Attorney Fenz asked what would happen if Mr. Peacock had to sell the property. Mr. Peacock explained that he would most likely list the property in addition to his property at 129 Flohr. Attorney Fenz stated that looking at this in terms of a use variance the record must demonstrate that the land cannot yield a reasonable return unless the variance is granted, the plight of the owner is not due to any unique circumstances, would the use essentially change the character of the neighborhood and finally whether the hardship is self created or not. Jeff Baksa explained that the rear yard setback in R-50 is a minimum of 30’. Mr. Peacock explained that there has never been anything on the property; it has always been vacant land. Evelyn Hicks requested that Mr. Peacock move his setback back, as he originally wanted to build it at 30’ back from the front lot line. Jeff Baksa stated that in an R50 district square footage for a lot in order to build a dwelling is 8,000’, Mr. Peacock has just less than 6,000 square feet.
No comments were received from the public.
Motion by Harmon, seconded by Hughes, to close the public hearing and grant a variance for property located at 126 Flohr Avenue 120-13(B)(1)to erect a garage without a house. The board denied the variance 120-30 minimum yards 30’ setback required, 20’ requested.
Ayes: All Noes: None Motion Carried

2015-015
Request of Ed Bauer Construction for a variance for property located at 3254 Clinton Street to construct a proposed new building with non paved surface. (hard surface area required, non paved requested)
Mr. Bauer of Ed Bauer Construction explained that his company will be constructing a 10,000 foot warehouse and they would like to add a permeable parking lot i. Mr. Bauer explained that have heavy equipment that they use during the winter time and it would be more advantageous for them to have a non paved surface area. Mr. Bauer explained that the material used to construct the non paved surface will be recycled crushed concrete. As explained by Jeff Baksa there are no concerns with dust from the materials they will be using for the non paved area.
No comments were received from the public.
Motion by Harmon, seconded by Hughes , to close the public hearing and grant a variance for property located at 3254 Clinton Street to construct a proposed new building with non paved surface.
Ayes: All Noes: None Abstained Rick Marzullo Motion Carried

2015-016
Request of Michael Ferraraccio of Bilt Rite Concrete for a variance for property located at 4160 Clinton Street relief on sideyard requirements from 5’ to 2’ to accommodate an 18’ wide by 22’ deep garage.
The applicant was not present for the meeting.
Motion by Hughes, seconded by Hicks, to close the public hearing and table a variance for property located at 4160 Clinton Street relief on sideyard requirements from 5’ to 2’ to accommodate an 18’ wide by 22’ deep garage until the next Zoning Board of Appeals meeting.
Ayes: All Noes: None Motion Carried

2012-057
Request of Patrick Sullivan for a variance for property located at 3036 Seneca Street to have live music.
No comments were received from the public.
Motion by Hughes, seconded by Hicks, to close the public hearing and table a variance for property located at 3036 Seneca Street to have live music until the next Zoning Board of Appeals meeting.
Ayes: All Noes: None Motion Carried

Mike Harmon inquired about whether or not there have been any updates with Mr. Dale Kling’s variance requests. Jeff Baksa explained that the Building and Plumbing Department is waiting for Mr. Kling to submit new plans seeing as the State DOT denied his last plans.

Code Enforcement Officer Jeff Baksa explained that the funeral home that recently appeared before the Zoning Board of Appeals eliminated the garage they were planning on constructing so the variance is no longer needed.

Mr. Baksa explained that one of the variances that the board approved at one point at the corner of East and West and Angle Road had the stipulation that the owner start construction by a certain date. Mr. Baksa explained that the foundation has been poured and the building process has begun.

Adjournment

Motion by Hughes, seconded by Marzullo, to adjourn the meeting at 8:05 P.M.

Ayes: All Noes: None Motion Carried