Zoning Board of Appeals Minutes
WEST SENECA TOWN OFFICES WEST SENECA ZONING
1250 Union Road BOARD OF APPEALS
West Seneca, NY 14224 Minutes #2006-07
July 26, 2006
The regular meeting of the Zoning Board of Appeals of the Town of West Seneca was called to order by Chairman William H. Bond on July 26, 2006 at 7:00 PM, followed by the Pledge of Allegiance.
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 Mr. Dunn, seconded by Mr. Hughes, 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 #2006-06:
Motion by Mr. Hughes, seconded by Mrs. Rosenswie, to approve Minutes #2006-06 of June 28, 2006.
Ayes: All Noes: None Motion carried
TABLED ITEM:
2006-034 Request of Lisa Aul for a variance for property located at 29 East Avenue to erect 6 ft high fence in side yard (4 ft allowed).
Mr. Bond noted this item had been held over due to the failure of applicant to appear on the request for a variance, and further noting the absence of
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1250 Union Road Minutes #2006-07
West Seneca, NY 14224 July 26, 2006
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applicant at tonight’s meeting.
Motion by Mr. Hughes, seconded by Mr. Bond, to close the public hearing and withdraw this item from the agenda.
Ayes: All Noes: None Motion carried
NEW BUSINESS:
2006-065 Request of Larry Pagano for a variance for property located at 3984 Clinton Street to allow housing of 2 1/2 ton dump truck and trailer in barn on property (3/4 ton limit allowed).
Larry Pagano, 3984 Clinton Street, stated his attorney has not yet arrived for the hearing.
Mr. Bond stated they would hold this item until the end of the meeting.
2006-066 Request of Michael White for a variance for property located at 4826 Seneca Street to erect fence in front yard (fence not allowed in front yard).
Michael White, 4826 Seneca Street, stated he watches his grandchildren three times a week; his one tenant also has younger children, ages 8 and 10; and the other tenant also watches a 6 year old grandchild during the week. He has a large blacktop driveway where the children ride bicycles and battery operated vehicles. Over the past few weeks, he has observed vehicles in both directions exceeding the speed limit. He is requesting a 3 ft white plastic picket fence, 6 ft back from the edge of the shoulder of the road so that the children can safely play in the front yard. There will be 6 ft of grass in front of the fence and then the shoulder of the road.
Mrs. Price noted the backyard is large and asked why the children could not play there.
Mr. White stated he does have a larger back yard but the children prefer to play in the front yard because of the size of the blacktop driveway.
Mr. Bond noted that this situation would be different if the backyard sloped down or if there was a creek in the back. He failed to see any
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1250 Union Road Minutes #2006-07
West Seneca, NY 14224 July 26, 2006
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unique set of circumstances as opposed to anyone else in town in the same situation in order to warrant the variance.
Mr. Dunn noted that the fence would not go all the way back or attach to anything to confine the children and appears to be more ornamental in nature.
Mr. White stated the fence would go from the front of the house forward. His neighbor has a 6 or 8 ft fence and his proposed fence would be 3 ft high. If he didn’t live on that street with the traffic problem, he wouldn’t need the fence. The fence will not obstruct the vision of vehicles pulling out from Pinewood.
Mr. Dunn stated vehicle trarffic is controlled by the police and felt a 3 ft fence would have little effect on safety.
No comments were received from the public.
Motion by Mrs. Rosenswie, seconded by Mrs. Price, to close the public hearing and grant a variance for property located at 4826 Seneca Street to erect fence in front yard.
Ayes: Two (2) Mrs. Rosenswie, Mrs. Price
Noes: Three (3) Mr. Bond, Mr. Dunn, Mr. Hughes
On the question, Mr. Dunn stated the applicant’s explanation failed to show where the fence would ensure the safety of the children and the request as presented failed to show any unique set of circumstances.
On the question, Mr. Bond stated the purpose of granting a variance is to grant relief when a situation is such that it differs from others and presents a hardship. In this case, he failed to see a unique set of circumstances.
On the question, Mr. Hughes stated he also agreed, noting that the applicant has a sizable backyard where the children could play.
Motion denied.
2006-067 Request of Peter Sokolowski for a variance for property located at 9 Creekview Drive to erect deck 0 ft from pool (10 ft required).
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Peter Sokolowski, 9 Creekview Drive, stated his request is for a deck against the existing pool.
Mr. Dunn noted the possibility of children running out the back door and into the pool, resulting in tragedy. He asked the applicant what safety precautions are planned to avoid this type of occurrence.
Mr. Sokolowski stated that there will be a step up, with a railing all the way around and a self-locking gate on the front. On the recommendation of his insurance agent, there will also be a padlock installed on the front for safety purposes.
Mr. McCabe asked if applicant had letters from the adjoining neighbors.
Mr. Sokolowski stated he did not, but could provide them if needed.
Mr. Bond stated in this situation, the neighbors were not as affected as in the case of a fence but it would be at the pleasure of the Board to either require letters or not.
Mr. McCabe stated that letters from the neighbors act as a notification of applicant’s intent and acts as a safety valve to the Board. The notification letter to the applicant does requests the applicant to provide letters, but it is up to the Board whether to require them or not, based on the presentation and the circumstances of the request.
No comments were received from the public.
Mr. Dunn noted that the drawing as presented shows the structure of the house to be 14 ft on one side and more than 15 ft away from the property line on the other side. He felt this should not be an issue with the neighbors and the applicant has taken appropriate steps to ensure the safety of others.
Motion by Mr. Dunn, seconded by Mrs. Rosenswie, to close the pubic hearing and grant a variance for property located at 9 Creekview Drive to erect deck 0 ft from pool.
Ayes: All Noes: None Motion carried
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West Seneca, NY 14224 July 26, 2006
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2006-065 Request of Larry Pagano for a variance for property located at 3984 Clinton Street to allow housing of 2 1/2 ton dump truck and trailer in barn on property (3/4 ton limit allowed).
Larry Pagano, 3984 Clinton Street, stated his attorney was not available for the hearing. Mr. Pagano stated he is self-employed and the dump truck and trailer are used for his work in excavation and concrete. He has a shop in the city but the shop is not large enough to store the truck. He takes it to work and then drives it home each day. The trailer is used to store tools.
Mr. Bond asked if the applicant had a sign advertising the business.
Mr. Pagano stated there was no sign.
Mr. Dunn asked applicant why he wasn’t using the barn after being cited for having the truck on the property.
Mr. Pagano responded that his attorney advised him it would be all right until he appeared here tonight. Normally he stores the truck in the barn unless he arrives home late and is tired.
Mr. Hughes asked if applicant had letters from the neighbors.
Mr. Pagano presented a letter from the neighbor on one side and said he had spoken to other neighbors who had no objection.
Mr. Bond noted the letter submitted from the neighbor referred to storage of construction equipment. He asked if there was construction equipment in addition to the truck and trailer.
Mr. Pagano responded that he stored his Bobcat during the winter months to plow his driveway and the neighbor’s driveway.
Mrs. Price asked if the applicant was planning on applying for a rezoning in the event the request for a variance was denied.
Mr. Pagano stated he would, if this did not go through.
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West Seneca, NY 14224 July 26, 2006
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Mr. Bond asked if the vehicle being store had lettering on it and commercial plates.
Mr. Pagano responded that it did.
Mr. Czuprynski stated that most ¾ ton trucks have commercial plates, and must be in an enclosed building and parking must also be provided.
Mr. Bond stated he saw no reason why this vehicle couldn’t be parked elsewehere.
Mr. Pagano stated his barn was 50 x 70 ft in size and large enough to accommodate the vehicles.
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 at 3984 Clinton Street to allow housing of 2 1/2 ton dump truck and trailer in barn on property (3/4 ton limit allowed).
On the question, Mr. Bond stated there was nothing unique in the request of applicant. Anyone who is self employed in this type of business can drive their vehicle to the place of business and then take the business vehicle to the job site. Because the applicant has only been in business for a year does not meet the criteria for a hardship.
On the question, Mr. Dunn stated that after receiving a summons, the applicant had ample opportunity to show good faith and park the vehicle in the barn, but chose not to for at least a month. This is an indication that the vehicle will continue to be parked outside the barn even if a variance was granted.
On the question, Mr. Hughes stated he was in agreement on the failure of applicant to show a hardship.
Mr. McCabe cautioned the applicant to contain the vehicle off the property. This matter is due back in court in four weeks and it would behove the applicant to show good faith.
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1250 Union Road Minutes #2006-07
West Seneca, NY 14224 July 26, 2006
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Ayes: Four (4) Mr. Bond, Mr. Dunn, Mr. Hughes, Mrs. Price
Noes: One (1) Mrs. Rosenswie Motion carried
ADJOURNMENT:
Motion by Mrs. Price, seconded by Mr. Dunn, to close the public hearing and adjourn the meeting (7:30 p.m.)
Respectfully submitted,
Patricia C. DePasquale, RMC/CMC
Secretary