Zoning Board of Appeals Minutes
WEST SENECA TOWN OFFICES WEST SENECA ZONING
The regular meeting of the Zoning Board of Appeals of the Town of
ROLL CALL: Present : William H. Bond, Chairman
Daniel P. Dunn
Penny K. Price
Sandra Giese Rosenswie
Michael Hughes
Dale J. McCabe, Deputy Town Attorney
William Czuprynski, Code Enforcement Officer
OPENING OF PUBLIC HEARING:
Motion by Mrs. Price, seconded by Mr. Dunn, to open the Public Hearing.
Ayes: All Noes: None Motion carried
APPROVAL OF PROOFS OF PUBLICATION:
Motion by Mr. Dunn, seconded by Mrs. Price, to approve the proofs of publication and posting of legal notice.
Ayes: All Noes: None Motion carried
APPROVAL OF MINUTES #2006-010:
Motion by Mr. Hughes, seconded by Mrs. Rosenswie, to approve Minutes #2006-10 of
Ayes: All Noes: None Motion carried
TABLED ITEM:
2006-088 Request of Gail Dreyer for a variance for property located at 184 HiView Terrace to construct a two-car garage 1.49 ft from side property lines.
Mr. Bond noted that this item was tabled from last month for the applicant to submit changes to the original proposal.
WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
Page two . . .
Chuck Hauger,
Mr. Bond questioned whether the front setback was sufficient.
Mr. Hauger stated there is more than the required 30 ft.
Mrs. Price stated it appears to be 28.7 ft from the front property line.
Mr. Hauger responded the distance to the house is 50.7 ft and taking off 19 ft, there remains more than 30 ft to the front property line.
Mr. Bond cautioned that in the event the variance is granted and the front setback requirement is not met, then the applicant will need to correct it or come back to this board.
Mr. Hauger stated he understood that.
Mr. Dunn noted that the applicant was able to cut back the distance to allow 3.49 ft on the side property line and asked why it was not possible to provide the extra foot and a half and not necessitate a variance.
Mr. Hauger it was based on the width of the garage that Ms. Dreyer wanted to erect.
Mr. Hughes noted that the signature of the resident at 190 Hi View is still missing.
Mr. Hauger stated that resident is present this evening.
Alice Bergman, 190 Hi View, stated her property is adjacent to the applicant’s. She did speak with Ms. Dreyer but their conversation was different that what was presented tonight. She presented a photograph of the house showing a space between the garage and door of at least 5 ft. The sidewalk could be adjusted by a foot and a half and no variance would be required.
Mr. Bond explained that the one side of the garage where the end of the present garage is, on the side of the house going across, ends up a foot and a half off the property line. He asked the distance between the applicant’s house and Ms. Bergman’s.
Ms. Bergman noted the distance on the one photo presented. She stated that in her previous conversation with the applicant, only a half foot was needed and there is room on the side of the door.
WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
Page three . . .
Mr. Bond noted that moving it over another foot and a half would not require a variance but then it would be blocking the vestibule in front of the house.
Mr. McCabe asked if Ms. Bergman would be opposed to the Zoning Board granting the applicant a half foot.
Ms. Bergman stated that would be agreeable to her, but she was also concerned with drainage.
Mr. McCabe stated that if Ms. Bergman had opposition to this, it had to be conveyed to the Board prior to a decision being made.
Mr. Hughes noted that the request had been tabled from last month so that Ms. Bergman could have an opportunity to express her opinion.
Mr. Bond reviewed the plan of applicant with Ms. Bergman, noting the footage between the adjacent property lines and the size of the proposed garage. Originally, the applicant requested a variance for a variance to be a foot and a half off the property line and has since revised the plan to be 3 ½ feet off the property line. Drainage is not a zoning question. The applicant must submit a drainage plan which meets the approval of the Town Engineer prior to a building permit being issued. Any drainage cannot negatively impact upon the area.
Motion by Mr. Dunn, seconded by Mrs. Price, to close the public hearing and deny the request for a variance for property located at 184 HiView Terrace to construct a two-car garage 1.49 ft from side property line, or as amended to request a variance for 3 ½ ft from side property line.
On the question, Mr. Dunn stated that after reviewing the photographs and drawings, it appears the garage can be moved over a foot and a half and not impact upon the adjacent property at all.
Ayes: All Noes: None Motion carried
NEW BUSINESS:
2006-092 Request of Winifred Noone for a variance for property located at
The son-in-law of applicant appeared in her absence and stated Mrs.
WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
Page four . . .
ft. He presented a drawing of the proposed addition and a letter of no objection from the adjacent resident.
Mr. Bond noted the applicant states the reason for the request is for easier access to the snow blower from the garage and asked if the wall was going to be removed.
He stated the wall would be removed and rebuilt to accommodate the new slope to the roof with an access door to the garage. The garage is small and Mrs. Noone has difficulty in getting the snow blower out if her car is parked in the garage.
Mr. Bond noted that most people build a shed in the backyard to accommodate this type of equipment.
He stated this was suggested to his mother-in-law, but she preferred this method and the neighbors have no objection.
Mr. Bond asked if there was a concrete pad running along the side of the house to the back.
He stated there was a sidewalk.
Mrs. Rosenswie asked if the applicant would be doing her own snow blowing.
He responded that his mother-in-law believes she can.
Mrs. Price noted that it would be physically difficult for the applicant to bring the snow blower from around the back of the house.
Mr. Bond noted that it would be his preference to grant a variance to erect a 4 ft x 10 ft addition to the existing garage, 4 ft from the side property line.
Motion by Mr. Bond, seconded by Mrs. Rosenswie, to close the public hearing and grant a variance for property located at
Ayes: All Noes: None Motion carried
2006-093 Request of Marie Hoffman for a variance for property located at 1374 Orchard Park Road to stable horse in existing barn on property 1.4 acres in size.
WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
Page five . . .
Marie Hoffman and Jim Hoffman, 1374 Orchard Park Road, submitted letters of no objection from residents at 1366 Orchard Park Road, 1400 Orchard Park Road, 30 Marilyn Drive and 14 Marilyn Drive. When the property was purchased in 1979, they assumed a horse was allowed since the previous owner had one and the property is conducive to housing a horse. One neighbor complained to the town and she was ordered to remove the horses. Since then she had had to board her horses elsewhere at a considerable expense of $40,000 over the past 15 years. Her husband is now retired and they have a limited income.
Mrs. Price asked if the complaining neighbor is still living in the neighborhood.
Mrs. Hoffman stated he was.
Mr. Bond noted that since 1966, the new ordinance required two acres of land in order to stable a horse. The other issue is the storage of manure which cannot be stored within 100 feet from the property line.
Jim Hoffman stated he is an organic gardener and has maintained a compost heap for 30 plus years. The compost heap is in the greenhouse so that it is out of sight and also for the control of water. The heap requires 4 or 5 truck loads of manure every year which he has been hauling it for 30 years. He also presented the Board members with samples of the compost to show there is no odor.
Mr. Bond asked where the objecting neighbor lives in relation to the applicants’ property.
Mr. Hoffman stated that neighbor lives on the south border of his property, in the middle. His objection had been based on a devaluing of his property which is not the case and in contrast to the opinions of the other surrounding neighbors.
Mr. McCabe asked which building on the survey would house the horse.
Mr. Hoffman indicated the location of barn which has been there for over 100 years and connected to the greenhouse.
Joe Stephan,
WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
Page six . . .
Motion by Mr. Hughes, seconded by Mr. Dunn, to close the public hearing and grant a variance for property located at 1374 Orchard Park Road to stable horse in existing barn on property 1.4 acres in size.
Ayes: All Noes: None Motion carried
2006-094 Request of
Keith Hoppe,
Mr. Dunn stated he had a concern with visibility on the part of the congregation leaving the parking lot.
Mr. Hoppe stated there is a sign on the other side of the road, a little over 6 ft long and 3 ft off the ground, very similar to the one being requested and which has never presented a sight problem. The sign will be 13 ft off the road. Mr. Hoppe reviewed the size and style of the sign as shown on the sketch presented with the Board members.
No comments were received from the public.
Motion by Mr. Dunn, seconded by Mrs. Rosenswie, to close the public hearing and grant a variance for property located at
Ayes: All Noes: None Motion carried
2006-095 Request of Phillip L. Hauenstein for a variance for property located at
Phillip Hauenstein, 49 Boynton Street, that the house was grandfathered in for three units when purchased, although there are four kitchens, four bathrooms and basically 4 separate units. There is approximately 800 sq ft of useless space because of this.
Mr. Bond stated it was his understanding the applicant appeared before the Planning Board and Town Board and applicant was granted his special use permit.
WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
Page seven . . .
Mr. Hauenstein stated that was correct, but he was directed to add the additional parking. It was his understanding that it was originally a store front with one or two units. It was grandfathered in with three units but had four kitchens, other than missing the kitchen sink in the fourth unit.
Mrs. Price asked how long the applicant has owned the house.
Mr. Hauenstein stated he had owned the property for a year and a half. Letters of no objection were submitted from each adjoining neighbor,
Mrs. Price asked if the property was considered a three or four unit under the financing for the purchase.
Mr. Hauenstein stated it was considered a three unit. There is no kitchen sink in the fourth unit and he would like to complete that unit.
No comments were received from the public.
Motion by Mr. Bond, seconded by Mr. Hughes, to close the public hearing and grant a variance for property located at
Mr. Bond noted that the Town Board has already approved the applicant’s request for four units and at the time was aware that the applicant did not have the required bulk area.
Ayes: All Noes: None Motion carried
2006-096 Request of David Bystrak for a variance for property located at
David Bystrak,
Mr. Dunn asked if the carport will extend out farther from the front or back of the existing garage.
Mr. Bystrak stated it will be adjacent to the existing building which is a small one car detached garage used for storage of his lawnmower and snow blower so there is no room for the car. He presented letters of no objection from residents.
No comments were received from the public.
Motion by Mr. Dunn, seconded by Mrs. Price, to close the public hearing and grant a variance for property located at
WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
Page eight . . .
Ayes: All Noes: None Motion carried
2006-097 Request of Catherine Russo for a variance for property located at
Mr. Bond noted the absence of the applicant.
Motion by Mrs. Price, seconded by Mr. Dunn, to table this item until the
Ayes: All Noes: None Motion carried
2006-098 Request of Gaetano Collana for a variance for property located at
Gaetano Collano,
Mr. Bond cautioned applicant that he will need to stay 3 ft off the property line, but the ordinance requires a 10 ft separation between buildings on the property.
No comments were received from the public.
Motion by Mrs. Rosenswie, seconded by Mr. Hughes, to close the public hearing and grant a variance for property located at
Ayes: All Noes: None Motion carried
ADJOURNMENT:
Motion by Mr. Hughes, seconded by Mrs. Rosenswie, to close the public hearing and adjourn the meeting (8:05 P.M.).
Respectfully submitted,
Patricia C. DePasquale, RMC/CMC
Secretary