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
Michael Hughes
Dale J. McCabe, Deputy Town Attorney
William Czuprynski, Code Enforcement Officer
Excused: Sandra Giese Rosenswie
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 Mrs. Price, seconded by Mr. Dunn, to approve the proofs of publication and posting of legal notice.
Ayes: All Noes: None Motion carried
APPROVAL OF MINUTES #2006-09:
Motion by Mr. Hughes, seconded by Mrs. Price, to approve Minutes #2006-09 of
Ayes: All Noes: None Motion carried
NEW BUSINESS:
2006-82 Request of Michael Mancone for a variance for property located at
Michael Mancone, 8 Labarack,
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building in front burned down a couple years ago, creating a very large front yard, and inviting neighborhood children to congregate. This has caused concern to the downstairs tenant. He has invested more than $10,000 in the property, including a 6 ft fence. He was then advised he needed a permit for the fence and subsequently also learned he needed a variance. Letters of no objection were submitted from a number of surrounding residents who also made comments on the attractiveness of the fence and its effectiveness in preventing neighborhood youth from trespassing on the property and causing damage.
Mr. Czuprynski noted that two variances are necessary; one for the height and one for its location in the front yard setback. Applicant would be able to erect a 4 ft fence 10 ft in front of the house.
Mr. Mancone explained that neighborhood youth could easily jump a 4 ft fence.
Mr. Dunn asked how long the applicant owned the property.
Mr. Mancone responded that the property closed in April. He began remodeling during the summer and being unaware of town regulations, made the mistake of erecting the 6 ft fence. The house had burned down several years ago, leaving the unusually large front yard which became a magnet for youth in the neighborhood.
Mr. Hughes noted the letters submitted by applicant did not include the two adjoining properties.
Mr. Mancone stated he was unable to contact the neighbors on each side but felt the number of letters submitted with positive feedback were sufficient.
Mr. Dunn asked if the applicant would be willing to move the fence back from where it currently is.
Mr. Mancone stated he would prefer not to. He had wanted to provide a large front lawn, especially to accommodate his tenant downstairs who is mentally challenged and enjoys gardening.
No comments were received from the public.
Motion by Mr. Bond, seconded by Mrs. Price, to close the public hearing and grant a variance for property located at 111 Edson Street to erect a 5 ft fence in front yard.
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On the question, Mr. Bond commented that the purpose of a variance is to alleviate a situation where there are practical difficulties in complying with the strict letter of the law. He noted the location of the house and the fact that the fence does not extend beyond the front of any adjoining house and is not visible from those houses or the street.
Ayes: Three (3) Mr. Bond, Mrs. Price, Mr. Hughes
Noes: One (1) Mr. Dunn
2006-83 Request of David Penvose for a variance for property located at
David Penvose and Cheryl Penvose appeared on the request for property located at
Mr. Penvose stated they have lived on the property for 14 years and have owned the property for 6 years. Improvements to the property have been made, including siding and a driveway. It is difficult to park on Chamberlin and the pad was installed to accommodate three vehicles.
Mr. Bond noted that the survey shows the driveway to be 11 ft wide with 4.27 ft to the property line. He asked if the applicant had considered widening the driveway instead.
Mr. Penvose responded that widening the driveway would not allow enough room for two vehicles sideways and it would be right on top of the next door neighbor’s home. There is also a tree with large roots on the other side.
Mr. Hughes asked if this was a single family home.
Mr. Penvose stated it was. He has an ’85 Cadillac which he uses as a work vehicle, his son has a pickup truck and his wife has a van. There is no parking on the street in the winter. His vehicle is the only one that can fit in the one-car garage and he is the first one to leave for work at 2:00 in the morning.
Mr. Bond noted that with 46.3 ft from the front property line and the garage, there is adequate room to park three cars. He also commented that everyone on the street had the same problem with parking.
Mr. Hughes asked if applicant obtained any letters of support from the neighbors.
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Mr. Penvose stated he had no letters.
John Dietz, 62 Chamberlin, stated the applicant was informed by the neighbor next door that the pad was illegal. Everyone on the street has problems with parking. The applicant has a garage with enough room in front of the garage to park two vehicles. He noted that another resident on the street was previously denied a variance on the same request. If this variance is approved, then everyone will begin parking on front lawns.
Jack Dietz,
Mr. Penvose disagreed, stating three vehicles in a row was more than an inconvenience, necessitating one vehicle to park on the grass.
Motion by Mr. Dunn, seconded by Mr. Bond, to close the public hearing and deny the request for a variance.
On the question, Mr. Bond noted there is an ordinance in effect that does not allow a pad in front of a house and the preferable solution would be to widen the driveway; further, he saw no practical difficulty in complying with the ordinance other than the inconvenience to applicants.
On the question, Mr. Dunn also noted that applicants’ situation was no different than what exists elsewhere on the street or in the general neighborhood.
Ayes: All Noes: None Motion carried
2006-84 Request of McDonald’s
Randy Bebout, FRA Engineering,
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which was 16 ft high prior to the storm. The outdoor seating has minimal impact upon the area. The drive thru lane is also on the west side of the building and there will be no additional noise created by the patio. The patio is surrounded by a 4 ft high fence to ensure safety of patrons and the containment of children. The patio neither changes the character of the neighborhood or has a detrimental effect in general. Rather, it lends a positive effect on the surrounding neighborhood.
Mr. Hughes asked the hours of the McDonald’s facility.
Mr. Bebout stated he was unsure of the restaurant itself, but the drive through is open 24 hours.
Mr. Dunn noted the patio area is enclosed by a 48 inch high aluminum power coated fence that will be painted black.
Mr. Bebout stated that was correct and referred to the photographs submitted. He noted the fence is flat rail on top, power coated and maintenance free. There are also 6 potted upright junipers 6 ft tall that add to the attractiveness of the patio.
Mr. Dunn asked if any parking spaces had to be eliminated to accommodate the patio.
Mr. Czuprynski stated there were adequate spaces.
Motion by Mrs. Price, seconded by Mr. Hughes, to close the public hearing and grant a variance for property located at
Ayes: All Noes: None Motion carried
2006-85 Request of Raymond Grosch for a variance for property located on lot west of
Raymond Grosch,
Mr. McCabe asked if applicant receives one tax bill or more on the property.
Mr. Grosch stated he receives one. The frontage of the property is 110 ft wide.
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Mr. McCabe stated the applicant has one lot which he is attempting to divide at this time. It is one piece of property which has 110 ft frontage.
Mr. Czuprynski stated the applicant’s property is required to have 65 ft frontage, so 10 ft would need to be subtracted from the vacant lot next door to meet that requirement, leaving the vacant lot with 40 ft frontage. If applicant proposes to sell the vacant lot with 50 ft frontage, that would put the applicant’s house in violation. Currently, by the applicant owning the two lots, he is not in violation.
Mr. McCabe stated that in the alternative, Mr. Grosch would need a variance for his existing house as well as the vacant lot.
Mr. Czuprinski stated that when the zoning ordinance came into effect in 1963, there was a stipulation that an existing lot could be built on.
No comments were received from the public.
Motion by Mr. Bond, seconded by Mr. Dunn, to close the public hearing and deny the request for a variance for property located on lot west of
On the question, Mr. Bond noted that if the Board granted the variance, the existing property with the house would then be placed in violation of the zoning ordinance.
Mr. McCabe noted that the applicant needs to stay in compliance with the zoning ordinance with a 65 ft frontage in the event the remaining vacant lot is sold.
Ayes: Three (3) Mr. Bond, Mr. Dunn, Mr. Hughes
Noes: One (1) Mrs. Price Motion carried
2006-86 Request of Kevin Fischer for a variance for property located at
Kevin Fischer,
Mrs. Price asked what purpose the barn would be used for.
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Mr. Fishcher stated it would be used only for storage of a truck and a four-wheeler.
Mr. Bond asked if there was a paper street running through the property.
Mr. Fischer stated there used to be a paper street. The pole barn is 250 ft from
Mr. Dunn asked if applicant had any intention of running a business from the pole barn.
Mr. Fischer stated there would be no business run from the pole barn. It would be used only for storage of personal items.
Mr. Dunn asked how the applicant planned on getting back to the barn.
Mr. Fischer stated it would be stoned with grass over top. It will be lawn but hard enough to drive on.
No comments were received from the public.
Motion by Mr. Hughes, seconded by Mr. Bond, to close the public hearing and grant a a variance for property located at
On the question, Mr. Bond noted that there is sufficient distance between the pole barn and
Ayes: All Noes: None Motion carried
2006-87 Request of Margaret Connolly for a variance for property located at
Margaret Connolly, 196 Collins, stated she would like to replace the existing deteriorating porch with an enclosed sun porch. The outside dimensions will remain the same, but 1 ft more than before. Letters of no objection were submitted from property owners at
Mr. Bond noted it does not appear that the proposed porch will project out farther than the adjoining neighbor at 192.
No comments were received from the public.
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Motion by Mr. Dunn, seconded by Mr. Hughes, to close the public hearing and grant a variance for property located at
Ayes: All Noes: None Motion carried
2006-88 Request of Gail Dreyer for a variance for property located at 184 Hi View Terrace to construct garage 1.49 ft from side property line.
Chuck Hauger,
Mrs. Price asked if there was an existing garage.
Mr. Hauger stated there is an existing one-car garage, which will be used for storage room.
Mr. Bond noted that the property owner at 190 Hi View Terrace did not sign the letter of no objection.
Mr. Hauger responded that the people at 190 Hi View stated they wanted to speak with their architect.
Mr. Dunn asked if the garage could be moved over 4 ft. as there doesn’t appear to be anything in the way to prevent that.
Mr. Hauger responded that the applicant would prefer it in front for appearance purposes, with the driveway coming out the front. Otherwise, it would run into the front entrance of the door.
Mr. Bond noted that if the proposed garage was reduced to 21 x 17 ft, a variance would not be needed.
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Mr. Hauger felt the applicant would be agreeable to 20 ft., with 2 ½ ft to the property line. Dr. Dreyer has also offered to erect a 6 ft privacy fence along the back of the other property owner’s home.
Mr. Bond noted that a 4 ft fence would be allowable, but not a 6 ft fence.
Other alternatives were discussed and it was suggested that Mr. Hauger speak with the applicant on other options and also speak with Mr. Czuprynski, the Code Enforcement Officer.
No comments were received from the public.
Motion by Mr. Hughes, seconded by Mrs. Price, to table this item until the December 13th meeting for the applicant to offer an alternative plan.
On the question, Mr. Hughes also requested a letter from the resident at 190 Hi View Terrace.
Ayes: All Noes: None Motion carried
2006-89 Request of William Miller for a variance for property located at
William Miller,
Mr. Bond asked if the back part of the fence begins at the house.
Mr. Miller stated that was correct. It starts at the back of the house and goes to the front.
Mr. Dunn asked if the fence acted basically as a screen without being attached to anything at either end.
Mr. Miller stated that was correct.
Mr. McCabe asked if the applicant had letters from the neighbors.
Mr. Miller stated he did not, but his neighbor was present this evening.
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Susan Bompcyk,
Mrs. Price questioned the construction material of the fence and if it went all the way to the ground.
Mr. Miller stated it was vinyl plastic and went to the ground.
Mr. Dunn questioned the black strip on the fence.
Mr. Miller stated that was temporary.
Mrs. Bompcyk stated she also objected to the black strip on the fence. The fence has made an already damp area worse since its installation. She also referred to one photograph taken from her deck which shows the obstruction of her view caused by the fence. She has lived at her address for 20 years.
Mr. Bond noted that the fence requires a variance both for the height and its location and was more concerned with its height.
Mr. Dunn asked how long the applicant has lived on the premises.
Mr. Miller stated he has lived there approximately 22-23 years. If the fence had to be removed, he would attempt planting blue spruce trees with a berm.
Mr. Bond asked if the applicant would consider lowering the 6 ft portion of the fence to a 4 ft height from the front property line up to the garage of the next door neighbor.
Mr. Miller stated he was willing to do that.
Mr. Bond asked if that was agreeable to Mrs. Bompcyk.
Mrs. Bompcyk stated she was willing to accept that option if the black tarp was removed from the fence.
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Motion by Mr. Bond, seconded by Mrs. Price, to close the public hearing and grant a variance for property located at 379 French Road to erect a 4 ft from the front of the neighbor’s garage at 335 French Road out to its present site and a 6 ft fence from the front of the garage back, and conditioned on the removal of the black tarp from the fence.
On the question, Mr. Dunn stated he felt this was a spite fence and saw no reason to grant the variance.
Ayes: Three (3) Mr. Bond, Mrs. Price, Mr. Hughes
Noes: One (1) Mr. Dunn Motion carried
2006-90 Request of Nicholas J. Caparella for a variance for property located at
Nicholas J. Caparella,
Mr. Bond noted that a variance was granted in 1992 for this property to erect a two-car garage 6 ft from the house with a setback of 20 ft.
Ron Staychock,
Mr. Dunn stated that it appears the applicant will be enclosing the porch that is laid out with walking stones now.
Mr. Staychock stated he would like to attach the garage to the house with a breezeway and go behind the house with a small hall for an entrance directly from the garage to the kitchen.
Motion by Mr. Dunn, seconded by Mr. Hughes, to close the public hearing and grant a variance for property located at
Ayes: All Noes: None Motion carried
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2006-91 Request of Ronald Staychock for a variance for property located at
Ronald Staychock,
Mr. Czuprynski noted the various problems associated with the property and the number of variances necessary in order to make this a useable piece of property.
Mr. Staychock stated that when he attempted to lift the building and remove the skirting to place a basement underneath, he contacted the Building Inspector. In the event it fell down, he could only build a 6 ft wide house. He has invested $20,000 in the property which is next door to his parents’ house. The adjoining neighbor, Donna Adamy, also invested $40,000 into her home and is agreeable to granting the variance although he does not have a letter from him. Access to the garage will be on
Mr. Bond noted that a 30 ft exterior side yard is required and the request is for an 18.5 side yard setback in order to place the porch on the side.
Mr. Dunn remarked that there is no reasonable size structure that could fit on this piece of property without being in violation.
No comments were received from the public.
Motion by Mr. Hughes, seconded by Mr. Bond, to close the public hearing and grant the following variances:
1. Reduce required front yard set back from 40 ft to 21 ft;
2. Reduce required exterior side yard set back from 30 ft to 8.5 ft.;
3. Reduce side yard 2 ft along the west property line for garage;
4. Reduce required rear yard set back from 30 ft to 20 ft.
Ayes: All Noes: None Motion carried
ADJOURNMENT:
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Motion by Mrs. Price, seconded by Mr. Bond, to close the public hearing and adjourn the meeting (8:30 p.m.).
Ayes: All Noes: None Motion carried
Respectfully submitted,
Patricia C. DePasquale, RMC/CMC
Secretary