Zoning Board of Appeals Minutes

WEST SENECA TOWN OFFICES                          ZONING BOARD OF APPEALS
1250 Union Road                                                   Minutes #2011-06
West Seneca, NY   14224                                     June 22, 2011
 
The regular meeting of the Zoning Board of Appeals of the Town of West Seneca was called to order by Chairman David Monolopolus on Wednesday, June 22, 2011 at 7:00 P.M. followed by the Pledge of Allegiance.
 
ROLL CALL:            Present    -     David Monolopolus, Chairman
                                                   Michael P. Harmon
                                                   Sandra Giese Rosenswie
                                                   Evelyn Hicks
                                                   Shawn P. Martin, Town Attorney
                                                   Jeff Scheiber, Assistant Code Enforcement Officer
 
                               Absent     -     Michael P. Hughes
                    
 
                                                             
OPENING OF PUBLIC HEARING
 
Motion by Mrs. Hicks, seconded by Mr. Harmon, to open the Public Hearing. 
 
Ayes: All                             Noes: None                         Motion Carried
 
APPROVAL OF PROOFS OF PUBLICATION
 
Motion by Mr. Harmon, seconded by Mrs. Hicks, to approve the proofs of publication and posting of legal notice.
 
Ayes: All                             Noes: None                         Motion Carried
 
APPROVAL OF MINUTES
          
           Motion by Mr. Hicks, seconded by Mr. Harmon, to approve Minutes          #2011-05, May 25, 2011.
 
          Ayes:   All                            Noes: None                        Motion Carried
 
OLD BUSINESS:
 
2011-019     Request of Sandra A. George for a variance for property located at 4 Leacliff Lane to install 2nd driveway and allow parking in front yard setback.
 
                     Mr. Monolopolus stated he received notification late this afternoon that the applicant’s father is hospitalized and she is unable to attend tonight’s meeting.
WEST SENECA TOWN OFFICES                          ZONING BOARD OF APPEALS
1250 Union Road                                                   Minutes #2011-06
West Seneca, NY   14224                                     June 22, 2011
                                                                       Page two . . . 
 
2011-019      (Continued)
 
                     An unidentified neighbor stated this is their third time coming to a meeting on this matter. It is difficult for her to attend these meetings and she never received notification of this matter being on the agenda.
 
                     Mrs. Rosenswie explained the process for Zoning Board of Appeals matters; that it is the responsibility of the applicant to advise the adjoining neighbors and obtain their consent for the requested variance.
 
                     Mr. Harmon noted this matter was previously tabled for the applicant to discuss the matter with her adjoining neighbors and submit the necessary letter of no objection.
 
                     Motion by Mrs. Rosenswie, seconded by Mr. Harmon, to table this matter until the July meeting.
 
                     Ayes:   All                 Noes: None                                  Motion carried
 
NEW BUSINESS:
 
2011-025       Request of Edward Dubel for a variance for property located at 60 Garden Avenue to erect addition in required front yard.
 
                     Edward Dubel, 60 Garden Avenue, submitted a letter of no objection from resident of 56 Garden Avenue to the request for a 20 ft x 12 ft addition at the rear of his house which is on a corner lot, making the rear his front yard. He is unable to move it down any farther due to the design of the addition.
 
                     Mr. Harmon noted the addition will be farther away from the set back than the house currently is.   The house is 16 ft and the addition is 22 ft, making it more compatible with the code.
 
                     No comments were received from the public.
 
                     Motion by Mr. Harmon, seconded by Mrs. Rosenswie, to close the public hearing and grant a variance for property located at 60 Garden Avenue to erect addition in required front yard.
 
                     Ayes:   All                 Noes: None                                  Motion carried
 
WEST SENECA TOWN OFFICES                          ZONING BOARD OF APPEALS
1250 Union Road                                                   Minutes #2011-06
West Seneca, NY   14224                                     June 22, 2011
                                                                       Page three . . . 
 
 
2011-026     Request of Joseph Jerge for a variance for property located at 4111 Clinton Street to allow flag lot for two-family house.
 
                     Joseph Jerge, 4111 Clinton Street stated he is the owner of the adjacent property at 4131 Clinton Street. When the house was built 30 plus years ago, the property line ran through the garage of the front property. He would like to move the line over in order to generate two deeds and two separate tax bills. He acquired the property in January and currently has two tax bills and one deed. He would like to create three deeds from the large piece of property which is comprised of approximately 5 ½ to 6 acres of land and eventually build a house. The 4111 parcel, even though it would be a flag lot would contain more than one acre of property. 
 
                     Mrs. Hicks asked if both parcels were acquired in January.
 
                     Mr. Jerge stated it was one transaction, consisting of 4111 and 4131 Clinton Street. Applicant reviewed the survey showing the proposed property line with Zoning Board members. Once the property is resurveyed and the engineering work commences, he will be able to determine what wetlands, if any, are contained on the property.
 
                     Mr. Harmon asked the Assistant Code Enforcement officer to comment if 10,000 sq ft was needed for the other lot created with the flag lot.
 
                     Mr. Scheiber stated that additional sq footage is added to the 8500 square ft lot requirement for a single family once the property changes to a two-family. It does not matter where the wetlands are located when the square footage is taken into account. 
 
                     Mrs. Hicks noted there is enough bulk area for the single family lot.
 
                     No comments were received from the public.
 
                     Motion by Mrs. Rosenswie, seconded by Mr. Harmon, to close the public hearing and grant a variance for property located at 4111 Clinton Street to allow flag lot for two-family house.
                    
                     Ayes:   All                 Noes:                                           Motion carried
 
2011-027     Request of Raymond Kohl for a variance for property located at 160 Westgate Blvd to erect 5 ft fence in front yard setback.
WEST SENECA TOWN OFFICES                          ZONING BOARD OF APPEALS
1250 Union Road                                                   Minutes #2011-06
West Seneca, NY   14224                                     June 22, 2011
                                                                       Page four . . . 
 
2011-027      (Continued)
 
                     Raymond Kohl, 160 Westgate Blvd, stated the property is situated on a corner lot and his request is to erect a 5 ft red cedar concave 1 inch spaced board fence in the back yard which is at the corner of Westgate and Dennybrook. He would like to extend a 5 ft fence from the foundation of the house 15 ft heading toward the sidewalk. There was a decorative fence originally which was taken down by kids and weather. The proposed fence will be located on the same line as the previous fence. 
 
                     Applicant submitted a sketch of the proposed location of the fence which was reviewed with the Zoning Board members. Letters of no objection were submitted from residents at 154 Westgate Boulevard and 166 Westgate Boulevard.
 
                     No comments were heard from the public.
 
                     Motion by Mrs. Hicks, seconded by Mrs. Rosenswie, to close the public hearing and grant a variance for property located at 160 Westgate Blvd to erect 5 ft fence in front yard setback.
 
                     Ayes:   All                 Noes: None                                  Motion carried
 
2011-028     Request of Sadeq S. Ahmed for a variance for property located at 199 Langner Road to build addition closer to front lot line than allowed.
 
                     Motion by Mrs. Hicks, seconded by Mr. Harmon, to table this item to the August meeting, noting the absence of applicant at tonight’s meeting.
                    
                     Ayes:   All                 Noes: None                                  Motion carried
 
2011-029     Request of Joe & Ann Soccomanno for a variance for property located at 312 Woodward Drive to erect addition in rear yard setback.
 
                     Joseph and Ann Soccomanno appeared on the request. Mr. Soccomanno stated he has been ill and is no longer able to go upstairs. He is requesting an addition on the rear of the house for a bathroom and bedroom. Letters of no objection were submitted from residents at 318 Woodward Drive and 19 Blair Lane.
 
                     Mrs. Hicks inquired if the swimming pool would be removed.
 
WEST SENECA TOWN OFFICES                          ZONING BOARD OF APPEALS
1250 Union Road                                                   Minutes #2011-06
West Seneca, NY   14224                                     June 22, 2011
                                                                       Page five . . . 
 
 
2011-029      (Continued)
 
                     Mr. Soccomanno stated the swimming pool will not be removed. The addition will be situated on the other side of the pool a distance of 12 to 13 ft from the pool, on the Woodward side of the property. 
 
                     No comments were received from the public.
 
                     Motion by Mrs. Rosenswie, seconded by Mrs. Hicks, to close the public hearing and grant a variance for property located at 312 Woodward Drive to erect addition in rear yard setback.
 
                     Ayes:   All                 Noes: None                                  Motion carried
 
2011-030     Request of Wegmans Food Market Inc. for a variance for property located at 370 Orchard Park Road to allow outdoor seating for café.
 
                     Eric Bartles, representing Wegmans Food Market Inc., presented a site plan of the store with the proposed area for 6 tables with chairs under the canopy of the building for the convenience of customers. 
 
                     Mr. Monolopolus asked for confirmation that there would be no food stand outside and no music or events being hosted by Wegmans in the planned area for outdoor seating. 
 
                     Mr. Bartles stated that was correct; the area will be for use by customers only.
 
                     Mrs. Rosenswie questioned if the buffer guards currently in place to prevent parking will remain.
 
                     Mr. Bartles stated they would remain permanently.
 
                     Mr. Monolopolus noted this area is the dead end portion of the driveway but questioned if something could be placed permanently for the safety of customers using the area under the canopy.
 
                     Mr. Scheiber stated this issue is actually a Planning Board decision but concrete planters could be placed to accomplish the safety aspect.
                    
                     Mr. Harmon asked if there were other outside seating arrangements at other Wegmans locations and suggested concrete posts.
WEST SENECA TOWN OFFICES                          ZONING BOARD OF APPEALS
1250 Union Road                                                   Minutes #2011-06
West Seneca, NY   14224                                     June 22, 2011
                                                                       Page six . . . 
 
2011-030      (Continued)
 
                     Mr. Bartles stated there are several patio seating arrangements at other locations but there has never been a safety concern. Wegmans would be willing to place flower boxes or something decorative to provide additional safety, such as decorative balls similar to what Target has in front of its store to act as a buffer.
 
                     Mr. Harmon requested the applicant work with the Code Enforcement Officer to ensure the safety of the area.
 
                     No comments were heard from the public.
 
                     Motion by Mr. Monolopolus, seconded by Mrs. Rosenswie, to close the public hearing and grant a variance for property located at 370 Orchard Park Road to allow outdoor seating for café, with the stipulation that applicant work with the Building Inspector’s office to provide protection for the patio area.
 
                     Ayes:   All                 Noes: None                                  Motion carried
 
2011-031     Request of John Perna for a variance for property located at 274 Covington Drive to erect roofed front porch 25 ft from front property line.
 
                     Frank Perna, representing John Perna, stated the applicant would like to erect a roofed front porch 25 ft from the front property line. Letters of no objection from neighbors at 280 Covington Drive and 270 Covington Drive were submitted. Photos of the renovation were provided and the purpose of the porch is to provide protection from the weather.
 
                     No comments were received from the public.
 
                     Motion by Mr. Harmon, seconded by Mrs. Rosenswie, to close the public hearing and grant a variance for property located at 274 Covington Drive to erect roofed front porch 25 ft from front property line.
 
                     Ayes:   All                 Noes: None                                  Motion carried
                    
2011-032     Request of Eugene Owczarczak for a variance for property located at 425 East & West Road to install vinyl fence on top of retaining wall.
 
                     Motion by Mr. Harmon, seconded by Mr. Monolopolus, to table this item until the July meeting, noting the absence of applicant.
WEST SENECA TOWN OFFICES                          ZONING BOARD OF APPEALS
1250 Union Road                                                   Minutes #2011-06
West Seneca, NY   14224                                     June 22, 2011
                                                                       Page seven . . . 
 
2011-019      (Continued)
 
                     Ayes:   All                 Noes: None                                  Motion carried
 
2011-033     Request of Ted Coffey for a variance for property located at 176 Edson Street to erect 6 ft fence in front yard.
 
                     Ted Coffey, 176 Edson Street, stated the property is a corner lot and the fence was already erected by his tenant. Photos of the fence were provided. The next door lot is vacant and there have been problems in the past with kids cutting across the property to avoid the police. 
 
                     Mr. Harmon noted that the Zoning Board granted a variance for property at the corner of Duerstein and Manhasset a couple of years ago to do the same thing because of similar issues.
 
                     Mrs. Hicks questioned if the fence has been property installed and meets all the building code requirements.
 
                     Mr. Scheiber stated the workmanship of the fence cannot be regulated by the Building Department but the fence is compliant with the building code.
 
                     No comments were heard from the public.
 
                     Motion by Mr. Monolopolus, seconded by Mrs. Rosenswie, to close the public hearing and grant a variance for property located at 176 Edson Street to erect 6 ft fence in front yard for security purpose.
 
                     Ayes:   All                 Noes: None                                  Motion carried
 
2011-034     Request of Michael & Carol Zimpfer for a variance for property located at 95 Chancellor Lane to erect 6 ft fence in side yard.
 
                     Michael Zimpfer, 95 Chancellor Lane, stated he would like to extend his vinyl fence approximately 26 ft down the side of his house for privacy and security purposes. There are woods in the back at Smokes Creek and on the north side there is another small woods. A letter of no objection was submitted from the adjoining neighbor at 91 Chancellor Lane.
 
                     Mrs. Hicks asked if applicant had sustained any vandalism.
 
WEST SENECA TOWN OFFICES                          ZONING BOARD OF APPEALS
1250 Union Road                                                   Minutes #2011-06
West Seneca, NY   14224                                     June 22, 2011
                                                                       Page eight . . . 
 
 
2011-019      (Continued)
 
                     Mr. Zimpfer responded that they have only resided on the premises since December but it is easy to get through.
 
                     Mrs. Hicks asked the time-frame for erecting the fence.
 
                     Mr. Zimpfer stated he would like to have it installed by the end of summer.
 
                     No comments were received from the public.
 
                     Motion by Mrs. Rosenswie, seconded by Mrs. Hicks, to close the public hearing and grant a variance for property located at 95 Chancellor Lane to erect 6 ft fence in side yard.
 
                     Ayes:   All                 Noes: None                                  Motion carried
 
ADJOURNMENT:
 
                     Motion by Mr. Monolopolus, seconded by Mr. Harmon, to close the public hearing and adjourn the meeting (7:50 p.m.).
 
                     Ayes:   All                 Noes: None                                  Motion carried
 
 
Respectfully submitted,
 
 
 
Patricia C. DePasquale,
Secretary