Zoning Board of Appeals Minutes

WEST SENECA TOWN OFFICES                                  WEST SENECA ZONING

1250 Union Road                                                                  BOARD OF APPEALS

West Seneca, NY  14224                                                       Minutes #2006-05

May 24, 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 May 24, 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 Mrs. Price, 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 #2006-04:

 

Motion by Mr. Hughes, seconded by Mrs. Price, to approve Minutes #2006-04 of April 26, 2006.

 

                        Ayes:   All                   Noes:   None                                       Motion carried

 

Chairman Bond noted that Zoning Board of Appeals member Sandra Giese Rosenswie has been delayed and her arrival will be announced.  He further noted that two items on the agenda have been withdrawn and one item has requested to be tabled.  These matters will be taken out of order from the regular agenda.

 

 

 

WEST SENECA TOWN OFFICES                       ZONING BOARD OF APPEALS

1250 Union Road                                                      Minutes #2006-05

West Seneca, NY   14224                                          May 24, 2006

                                                                                    Page two . . .

 

 

2006-025         Request of Wayne Ladowski for a variance for property located at 432 Lein Road to erect storage building 3 ft from side property line (10 ft required).

 

Mr. Bond stated he spoke with Mr. Ladowski’s attorney who advised the applicant requested this item be withdrawn.

 

Motion by Mr. Hughes, seconded by Mr. Dunn, to close the public hearing and grant the request of applicant to withdraw this item.

 

                        Ayes:   All                   Noes:   None                                       Motion carried

 

2006-026         Request of Richard Krieger, Esq., for a variance for property located at 4717 Clinton Street to include outside music on existing patio.

 

Mr. Bond stated a letter was received from Mr. Krieger requesting this matter be withdrawn.

 

Motion by Mr. Hughes, seconded by Mr. Dunn, to close the public hearing and grant the request of applicant to withdraw this item.

 

                        Ayes:   All                   Noes:   None                                       Motion carried

 

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 stated he received notification from Mr. and Mrs. Aul that they are currently out of town and requesting this item be tabled until the next meeting. 

 

Motion by Mr. Bond, seconded by Mrs. Price, to table this item at the request of applicant until the June 28, 2006 meeting.

 

                        Ayes:   All                   Noes:   None                                       Motion carried

 

TABLED ITEMS:

 

2006-015         Request of Larry Bueme for a variance for property located at 83 Meadowdale Lane to erect deck between house and pool (10 feet separation required).

WEST SENECA TOWN OFFICES                       ZONING BOARD OF APPEALS

1250 Union Road                                                      Minutes #2006-05

West Seneca, NY   14224                                          May 24, 2006

                                                                                    Page three . . .

 

 

Larry and Debbie Bueme, 83 Meadowdale, appeared on the request.  Mrs. Bueme stated the deck was erected 11 years ago at which time the proper permits were not obtained.  The house has been sold and they are currently tenants.  A letter of no objection from the adjoining neighbor at 79 Meadowdale was submitted.

 

Mr. Bond asked the distance between the deck and the pool.

 

Mrs. Bueme stated it was up to the pool.  The deck has a gate as shown on the photograph.

 

Mrs. Price asked if the current owner requested the variance be obtained so that it could pass with the house.

 

Mrs. Bueme stated the new owner is unaware of the situation.  A notice was received from Mr. Czuprynski’s office that the proper permits had not been obtained. 

 

No comments were received from the public.

 

Motion by Mrs. Price, seconded by Mr. Dunn, to close the public hearing and grant a variance for property located at 83 Meadowdale Lane to erect deck between house and pool.

 

Ayes:   All                   Noes:   None                                       Motion carried

 

2006-018         Request of Keith & Lynne Greiner for a variance for property located at 105 Fremont Avenue to erect garage addition 1.95 ft to side property line (5 ft required).

 

Keith Greiner, 105 Fremont Avenue, stated he is requesting an enlargement to the garage.  A letter of no objection was submitted from the residents at 109 Fremont Street, the neighbor who would be affected by the request. 

 

                        Mrs. Price asked if this would be a one and a half car garage.

 

Mr. Greiner stated it would be closer to a car and a third, just large enough for easier access and storage of lawn equipment.

 

WEST SENECA TOWN OFFICES                       ZONING BOARD OF APPEALS

1250 Union Road                                                      Minutes #2006-05

West Seneca, NY   14224                                          May 24, 2006

                                                            Page four . . .

 

 

Mr. Bond noted that the house appears to be 4.8 ft from the property line and there appears to be approximately 6 ft between the buildings. 

 

                        No comments were received from the public.

 

Motion by Mr. Dunn, seconded by Mr. Hughes, to close the public hearing and grant a variance for property located at 105 Fremont Avenue to erect garage addition 1.95 ft to side property line.

 

Ayes:   All                   Noes:   None                                       Motion carried

 

2006-024         Request of Fischione Construction Co. for a variance for property located at 1 Rebecca Way to build 5 ft into front yard setback (40 ft required).

 

Richard Thompson, 2 Trails End, Lancaster, Director of Sales & Marketing for Fischione Homes, submitted an overview of the subdivision and sublot 25 which is the subject lot on the corner of Center and Rebecca.  Two sales have potentially been lost due to the proposed custom homes which would have gone into the 40 ft setback.  There is approximately 55.88 ft to work with and a 5 ft side yard required clearance, bringing the footage down to 50.08 ft.

 

Mr. Bond noted that the Rebecca Way front requires 30 ft and asked why the other side requires 40 ft.

 

Mr. Czuprynski responded that was due to the “A” zoning.  A subdivision is usually 30 ft but the main “A” zoning in front requires 40 ft.

 

Mr. Thompson referred to page 3 of the main survey and stated he performed a field measurement and highlighted the northeast pin corner.  From that point to the shoulder of the road where the gravel starts is approximately 25 ft which will be additional easement or green area.

 

                        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 1 Rebecca Way to build 5 ft into front yard setback.

 

                        Ayes:   All                   Noes:   None                                       Motion carried

WEST SENECA TOWN OFFICES                       ZONING BOARD OF APPEALS

1250 Union Road                                                      Minutes #2006-05

West Seneca, NY   14224                                          May 24, 2006

                                                                                    Page five . . .

 

 

NEW BUSINESS:

 

2006-033         Request of David Klager for a variance for property located at 94 Canterbury Trail to erect deck 4 ft from existing pool (10 ft required).

 

                        David Klager, 94 Canterbury Trail, stated the deck is actually 7 ft from the in-ground pool.  He submitted photos of the deck to be removed.

 

                        Mrs. Price asked if the deck to be removed will be replaced with a screen house.

 

                        Mr. Klager stated they have lived there a year.  There is currently a sunroom with a 3 ft ornamental deck off the sunroom which is beginning to rot and it has steps that go down to the pool.  There would be a railing all the way around the proposed deck which would be better than the stairs going down.  This is a corner lot and a letter of no objection was submitted from the adjoining resident. 

 

                        No comments were received from the public.

 

                        Motion by Mr. Bond, seconded by Mrs. Price, to close the public hearing, amend the application to request granting of a variance for property located at 94 Canterbury Trail to erect deck 7 ft from existing pool, and grant a variance for property located at 94 Canterbury Trail to erect deck 7 ft from existing pool.

 

                        Ayes:   All                   Noes:   None                                       Motion carried

 

2006-035         Request of Flexlume Sign Co. for a variance for property located at 1055 Union Road to erect 68 sq ft pole sign.

 

                        Paddy Rowell, Flexlume Sign Co., stated the sign is for the new bank at 1055 Union Road.

 

                        Mr. Bond asked if this is a standard size sign for Northwest banks.

 

                        Mr. Rowell stated it was the standard size.  There is currently one on Union Road in Cheektowaga, across from the High School.

 

                        Mr. Dunn asked what the next smaller size is, or if they were customized.

WEST SENECA TOWN OFFICES                       ZONING BOARD OF APPEALS

1250 Union Road                                                      Minutes #2006-05

West Seneca, NY   14224                                          May 24, 2006

                                                                                    Page six . . .

 

 

                        Mr. Rowell stated the signs are customized, but are restricted by the message area.  The sign needs to be a certain width in order to accommodate the letters.

 

                        Mr. Hughes asked if the sign would be scrolling.

 

                        Mr. Rowell stated it was approved by the Town Board and the bank keeps the same message on all day.

 

                        Mr. Bond asked if there were plans for additional signs.

 

                        Mr. Rowell stated there would be no other additional signs, other than directional signs.  The sign will be located perpendicular to Union Road on the south side of the edge of the property, 10 ft back from the property line.  Mr. Rowell stated he had no letters from the neighbors, but did have a phone conversation with Tontine who spoke directly with the Bank.  He also had a job site meeting this morning and spoke with Mr. Owczarczak who had no objection to the sign.

 

                        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 1055 Union Road to erect 68 sq ft pole sign.

 

                        Ayes:   Three (3)          Mr. Bond, Mrs. Price, Mr. Hughes

                        Noes:   One (1)            Mr. Dunn, stating he felt this sign was too large in size and would have like to have seen an alternate size presented.

 

                        On the question, Mr. Bond stated that every location is different and there have been occasions in the past when larger signs were allowed.

 

                        Motion carried

 

2006-036         Request of Roger Ludwig for a variance for property located at 39 Florence Avenue to install parking spot in required side yard and maintain stone drive.

 

                        Roger Ludwig, 39 Florence Avenue, stated he received notification from the Building Inspector on the lack of an appropriate permit.  He presented

WEST SENECA TOWN OFFICES                       ZONING BOARD OF APPEALS

1250 Union Road                                                      Minutes #2006-05

West Seneca, NY   14224                                          May 24, 2006

                                                                                    Page seven . . .

 

 

a sketch of the completed construction and letters of no objection from 13 neighbors.  The request is for a 30 ft x 11.6 ft concrete pad on the side of the house for parking of a trailer, with a stone drive.

 

                        Mr. Bond asked if vehicles were also parked in the garage on the other side.

 

                        Mr. Ludwig responded that he parks vehicles there too, on the pad and stone driveway.

 

                        Mr. Dunn asked the hardship that applicant is unable to have a hard surfaced driveway.

 

                        Mr. Ludwig stated the original plan was to put stone and at some point in time when he didn’t have children home anymore with vehicles, that it would be replaced with grass.

 

                        Mr. Bond asked if the variance being requested was for the stone driveway or the concrete pad.

 

                        Mr. Ludwig responded it was for both because he is within 3 ft of the neighbor’s property.  The concrete is about 8 inches away from the property line.

 

                        Mr. Bond noted the applicant is approximately 2 ft away from the adjoining building or carport.

 

                        Mr. Ludwig stated it’s a carport.  The house is 12 ft away.  His trailer is 18 ft wide.

 

                        Mr. McCabe asked the type of trailer.

 

                        Mr. Ludwig stated it was a snowmobile trailer.

 

                        Mr. McCabe stated that was not allowed.  Parking of a trailer is not allowed.

 

                        Mr. Czuprynski stated the trailer would have to be parked in the garage with the car parked in the back.

 

WEST SENECA TOWN OFFICES                       ZONING BOARD OF APPEALS

1250 Union Road                                                      Minutes #2006-05

West Seneca, NY   14224                                          May 24, 2006

                                                                                    Page eight . . .

 

 

Mr. Ludwig responded that would be no problem.

 

                        Mr. Bond stated that raises the question of why a 12.48 ft is required, as opposed to an 8 ft or 9 ft pad.

 

                        Mr. Ludwig stated the paid is actually 11.6 ft and then narrows down to 8 ft. 

 

                        Mr. McCabe asked if the concrete pad was already in place.

 

                        Mr. Ludwig stated it was.

 

                        Mr. McCabe noted that if the request was to install a pad, the Board could make it shorter, but in this case the pad is already there.

 

                        Mr. Dunn asked if it was the intention of applicant to use this as temporary parking.

 

                        Mr. Ludwig stated the pad would stay permanent but the stone would be taken away eventually. 

 

                        Hans Constable, 45 Florence Avenue, two doors away from the Ludwig residence, stated he was gone during March when the stone driveway was installed.  There is no sewer to catch the water going to the street.  He has a 4 inch receiver alongside his driveway to catch the water.  He has water, mud, and tin cans in his driveway and did not feel a second driveway was necessary. 

 

                        Mr. Ludwig stated he was aware of the stones and has made every effort to sweep them away.  He would be willing to put some blacktop on the first 4 ft or so to eliminate the stone problem.

 

                        Mr. Constable stated the town did work on the sewer but the water still does not go down to the main sewer.  It was his understanding that no permits were given for the concrete pad or the stone driveway. He stated that the mud and stone going into the street washes down into his driveway.

 

                        Mrs. Price stated that paving the driveway would eliminate that problem.  

 

WEST SENECA TOWN OFFICES                       ZONING BOARD OF APPEALS

1250 Union Road                                                      Minutes #2006-05

West Seneca, NY   14224                                          May 24, 2006

                                                                                    Page nine . . .

 

 

Motion by Mr. Dunn, seconded by Mr. Hughes, to close the public hearing and grant a variance for property located at 39 Florence Avenue to allow the concrete pad within the existing dimensions and deny the stone drive, directing that the applicant comply with ordinance to hardsurface the driveway.

 

                        Mr. McCabe noted that if the driveway is not paved, there is no variance and the pad would have to be removed.

 

                        Ayes:   Four (4)           Mr. Dunn, Mr. Hughes, Mrs. Price, Mrs. Rosenswie

                        Noes:   One (1)            Mr. Bond, noting his objection was based on a concrete pad within six inches of a property line, which he felt would result in a swampy condition with water runoff.                 Motion carried

 

2006-037         Request of Robert Tighe for a variance for property located at 329 Main Street to erect attached garage addition .65 ft from exterior side yard (30 ft required).

 

                        Mr. Bond asked the width of the proposed addition.

 

                        Robert Tighe, 153 Meadowbrook, Orchard Park, stated the width was 20.65 ft.  He submitted the signatures of 5 neighboring residents and a letter from the property owners, stating no objection.  The property is a life estate.  The deed presented shows 4 owners reserving a life estate to his 86 year old mother.  They wanted to keep the property in the family and he will be moving in with his daughter the end of June. 

 

                        Mr. Dunn asked the hardship in not making the garage smaller in order to stay within the zoning ordinance.

 

                        Mr. Tighe stated his daughter is 18 and drives.  There is a single driveway, necessitating the continual moving of cars.  He does not want to have to park on the grass or the street.

 

                        Mr. Bond asked the normal width of a two-car garage, and noted the depth is approximately 22 ft.

 

                        Mr. Czuprynski responded the normal width on a house is approximately 20 ft. and the depth noted by Mr. Bond is just over the length of a car.

 

WEST SENECA TOWN OFFICES                       ZONING BOARD OF APPEALS

1250 Union Road                                                      Minutes #2006-05

West Seneca, NY   14224                                          May 24, 2006

                                                                                    Page ten . . .

 

 

Mr. Tighe stated the back of the garage will be used to store a lawn mover, etc.

 

                        Mr. Bond noted that the property adjoins a street, not another piece of property, with about 10 ft.

 

                        Mr. Tighe stated there is 10 or 11 ft of town property and then the width of the street and another 10 ft on the other side, so there is probably 50 to 60 ft from the next house.

 

                        Mr. Bond stated he was concerned about the runoff onto the grass and assumed something would be done about the water off the garage roof.

 

                        Mr. Tighe stated he assumed the architect had planned for the water runoff. 

 

                        No comments were received from the public.

 

                        Motion by Mr. Hughes, seconded by Mrs. Price, to close the public hearing and grant a variance for property located at 329 Main Street to erect attached garage addition .65 ft from exterior side yard.

 

                        Ayes:   All                   Noes:   None                                       Motion carried

 

2006-038         Request of Kevin & Jody Greiner for a variance for property located at 826 East & West Road to erect proposed house 15.4 ft from exterior side lot setback (30 ft required).

 

                        Jody Greiner and Kevin Greiner appeared on the request for a variance.  Mrs. Greiner stated they currently live in Holland and are in the process of closing on the East & West property which is a corner lot with a width of about 47 ft on which to build a single level home.  They both have disabilities and need a ranch style home for easier accessibility.  Letters from the adjoining neighbors on Bihrwood and East & West Road were submitted, indicating no objection. 

 

                        Mr. Bond stated he was aware of applicants’ necessity for the request but noted the concern was for the sight line for vehicles turning from Bihrwood onto East & West, or vice-versa, although the concern was more for a fence rather than the request of applicants. 

WEST SENECA TOWN OFFICES                       ZONING BOARD OF APPEALS

1250 Union Road                                                      Minutes #2006-05

West Seneca, NY   14224                                          May 24, 2006

                                                                                    Page eleven . . .

 

 

                        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 826 East & West Road to erect proposed house 15.4 ft from exterior side lot setback.

 

                        Ayes:   All                   Noes:   None                                       Motion carried

                       

Mr. Bond noted for the record that Mrs. Rosenswie was now present for the remainder of the meeting.

 

2006-039         Request of Buffalo Club of the Deaf for a variance for property located at 2275 Clinton Street to erect outside picnic shelter.

 

                        Mr. Bond noted the absence of a representative for applicant.

 

                        Motion by Mr. Dunn, seconded by Mrs. Price, to table this item until the June 28th, 2006 meeting.

 

                        Ayes:   All                   Noes:   None                                       Motion carried

 

2006-040         Request of Anne Schukraft for a variance for property located at 552 East & West Road to erect a 6 ft high fence in exterior side yard.

 

                        Anne & Mark Schukraft appeared on the request.  Mrs. Schukraft stated they would like to erect a 6 ft fence in the backyard from the line of the house out to the curb.  The property is a corner lot.

 

                        Mr. Bond noted the proposed fence would be in the exterior side yard.  He cited the sight line as the concern of the Board but the proposed fence will be at the back of the house.

 

                        Mr. Dunn asked if the fence would begin at the back of the home and proceed to the back of the yard.

 

                        Mrs. Schukraft stated that was correct.  The signatures of adjoining residents at 15 Rosewood Drive and 558 East & West Road were submitted, indicating no objection to the variance being requested.

 

                        No comments were received from the public.

WEST SENECA TOWN OFFICES                       ZONING BOARD OF APPEALS

1250 Union Road                                                      Minutes #2006-05

West Seneca, NY   14224                                          May 24, 2006

                                                                                    Page twelve . . .

 

 

                        Motion by Mrs. Price, seconded by Mr. Bond, to close the public hearing and grant a variance for property located at 552 East & West Road to erect a 6 ft high fence in exterior side yard.

 

                        Ayes:   All                   Noes:   None                                       Motion carried

 

2006-041         Request of Edward Standish for a variance for property located at 80 Woodlane Drive to erect deck 4.6 ft from side property line (5 ft required) and 3.5 ft from detached garage (10 ft separation required).

 

                        Mr. Bond asked if the applicant will stay in line with the existing building.

 

                        Edward Standish, 80 Woodlane Drive, stated that was correct.  The yard is very sloped. 

 

                        No comments were received from the public.

 

                        Motion by Mr. Bond, seconded by Mrs. Rosenswie, to close the public hearing and grant a variance for property located at 80 Woodlane Drive to erect deck 4.6 ft from side property line and 3.5 ft from detached garage.

 

                        Ayes:   All                   Noes:   None                                       Motion carried

 

2006-042         Request of Timothy & Debra Romance for a variance for property located at 27 Camelot Drive to extend existing deck directly up to an existing above ground pool.

 

                        Timothy Romance, 27 Camelot Drive, stated the new deck that is being extended out does not have any ground level access.  The only access is from the existing deck and the contractor is installing a self-closing gate between the two decks.

 

                        Mr. Bond asked if the one deck will be used for swimming and the other to sit on, with the gate between the two.

 

                        Mr. Romance stated that was correct.  Letters of no objection were submitted from the adjoining neighbors at 29 Camelot and 25 Camelot.

 

                        No comments were received from the public.

 

WEST SENECA TOWN OFFICES                       ZONING BOARD OF APPEALS

1250 Union Road                                                      Minutes #2006-05

West Seneca, NY   14224                                          May 24, 2006

                                                                                    Page thirteen . . .

 

 

                        Motion by Mr. Dunn, seconded by Mrs. Rosenswie, to close the public hearing and grant a variance for property located at 27 Camelot Drive to extend existing deck directly up to an existing above ground pool.

 

                        Ayes:   All                   Noes:   None                                       Motion carried

 

2006-043         Request of Elizabeth & Michael Rolling for a variance for property located at 21 Greymont Avenue to attach deck and pool to house (10 ft separation required).

 

                        Michael Rolling and Elizabeth Rolling, 21 Greymont Avenue, appeared on the request for a variance.

 

                        Mr. Bond noted there is always concern with safety on decks with attached pools.

 

                        Mr. Rolling presented a sketch of the proposal, noting there will be a gate wherever there is access from the house to the pool.

 

                        Mr. Dunn requested the applicant place a automatic closing lock on the gate.

 

                        Mr. Rolling stated he would do so.  Letters of no objection were submitted from the adjoining residents at 84 Holland and 88 Holland and on Greymont Avenue.

 

                        No comments were received from the public.

 

                        Motion by Mr. Hughes, seconded by Mrs. Rosenswie, to close the public hearing and grant a variance for property located at 21 Greymont Avenue to attach deck and pool to house.

 

                        Ayes:   All                   Noes:   None                                       Motion carried

 

2006-044         Request of B. Jack Napierski for a variance for property located at 39 Mayfield Drive to erect deck to rear of house 18 ft from rear property line (30 ft required).

 

                       

 

WEST SENECA TOWN OFFICES                       ZONING BOARD OF APPEALS

1250 Union Road                                                      Minutes #2006-05

West Seneca, NY   14224                                          May 24, 2006

                                                                                    Page fourteen . . .

 

 

Ms. Walkowiak, representing B. Jack Napierski, stated the applicant is out of town and unable to attend this meeting.  Signatures of neighbors stating no objection to applicant’s request for a deck were submitted.

 

                        Mr. Bond noted that applicant must also receive approval from the Homeowners Association and advised Ms. Walkowiak to relay that information to the applicant.

 

                        No comments were received from the public.

 

                        Motion by Mr. Dunn, seconded by Mrs. Price, to close the public hearing and grant a a variance for property located at 39 Mayfield Drive to erect deck to rear of house 18 ft from rear property line.

 

                        Ayes:   All                   Noes:   None                                       Motion carried

 

2006-045         Request of Jeff Rodino for a variance for property located at 51 Cresthaven Drive to allow parking in required front setback.

 

                        Jeff Rodino, 1950 Lakeview Road, Lakeview, New York, stated he is the son-in-law of applicant who is requesting an addition above the garage to accommodate the health care provider for his mother-in-law.  The health care provider will not be living there but needs a private area.  The required garage space is 18 ft and with the stairway, he can provide only 17.7 inches in order to build the stairs.  The garage will remain a garage. 

 

                        No comments were received from the public.

 

                        Motion by Mrs. Rosenswie, seconded by Mr. Dunn, to close the public hearing and grant a variance for property located at 51 Cresthaven Drive to allow parking in required front setback.

 

                        Ayes:   All                   Noes:   None                                       Motion carried

 

2006-046         Request of Wilcox Brothers Signs for a variance for property located at 4018 Seneca Street to erect 108 sq ft sign 10 ft from front property line.

 

                        Dennis Wilcox, Wilcox Brothers Sign Co., 111 Pierce Avenue, Tonawanda, stated this is the standard size sign for Rite Aide.  The reader

 

WEST SENECA TOWN OFFICES                       ZONING BOARD OF APPEALS

1250 Union Road                                                      Minutes #2006-05

West Seneca, NY   14224                                          May 24, 2006

                                                                                    Page fifteen . . .

 

 

board sometimes is shrunk in size but maintains the 7 ft in width.  The next one down is a 3 ft x 7 ft.

 

                        Mr. Dunn noted that the Rite Aide stores in Orchard Park have signs considerably smaller in size.

 

                        Mr. Dunn stated the total size of the sign is too large and also noted there will be additional signs on the building.  It was suggested that Mr. Wilcox return to the applicant for smaller options on the sign and return to the June 28th meeting.

 

                        Motion by Mrs. Price, seconded by Mr. Dunn, to table this item until the June 28th meeting.

 

                        Ayes:   All                   Noes:   None                                       Motion carried

 

2006-047         Request of Joseph Christ for a variance for property located at 635 Center Road to erect covered walkway and patio room in exterior side yard 15 ft from lot line (30 ft required).

 

                        Joseph Christ, Christ Construction, 500 Ellicott Road, Cheektowaga, stated the applicant is an older lady who would like a covered walkway leading from the house to the garage.

 

                        Mr. Dunn asked for clarification on whether this is a covered walkway or enclosed.

 

                        Mr. Christ stated the variance request called for an enclosure also.  There is a sheltered part in the middle of this walkway so that she can sit outside, but the walkway is not enclosed.  There is one neighbor to the right on Center Road and a letter of no objection was submitted from that neighbor.

 

                        Mr. Bond noted that the patio room will be in line with the house.

 

                        Mr. Christ noted this is not a patio, rather a covered open shelter for tables and chairs.  The walkway will have posts with a shingled roof over the top leading from the house to the garage and no sides.  Mrs. Pacer also plans on putting in some landscaping in the form of hedges in front of the walkway.

WEST SENECA TOWN OFFICES                       ZONING BOARD OF APPEALS

1250 Union Road                                                      Minutes #2006-05

West Seneca, NY   14224                                          May 24, 2006

                                                                                    Page sisteen . . .

 

 

                        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 635 Center Road to erect covered walkway and patio room in exterior side yard 15 ft from lot line.

 

                        Ayes:   All                   Noes:   None                                       Motion carried

 

2006-048         Request of William E. McCowan for a variance for property located at 180 Emporium Avenue to erect garage in exterior side yard (30 ft required).

 

                        William McCowan, 180 Emporium Avenue, stated he would like to erect a two-car garage on his property line which is adjacent to an undeveloped street which ends at the Thruway.  Letters of no objection were submitted from the adjoining neighbors.

 

                        Mr. Bond suggested that applicant contact the Town Board to abandon the undeveloped street.

 

                        Mr. McCowan responded that he had contacted the Town but there are apparently sanitary sewer lines running down the road.

 

                        No comments were received from the public.

 

                        Motion by Mrs. Price, seconded by Mrs. Rosenswie, to close the public hearing and grant a variance for property located at 180 Emporium Avenue to erect garage in exterior side yard.

 

                        Ayes:   All                   Noes:   None                                       Motion carried

 

2006-049         Request of Dana Andrzejewski for a variance for property located at 21 Maryon Drive to reduce required parking spaces in setback.    

 

                        Mr. Bond asked where the parking would be located.

 

Marlene Andrzejewski, 21 Maryon Drive, stated the driveway goes to the end of the house and the proposed addition is for a bedroom at the end of their driveway.  The bedrooms and bathroom are upstairs.  Her husband is

WEST SENECA TOWN OFFICES                       ZONING BOARD OF APPEALS

1250 Union Road                                                      Minutes #2006-05

West Seneca, NY   14224                                          May 24, 2006

                                                            Page seventeen . . .

 

 

currently in the hospital and they need a bedroom and bathroom downstairs to accommodate his disabilities.  Letters of no objection from the neighbors on both sides of the subject property, 27 Maryon and 17 Maryon Drive were submitted.

 

No comments were received from the public.

 

Motion by Mr. Bond, seconded by Mrs. Rosenswie, to amend the application and request a variance for parking in front of the addition on the driveway as shown on the survey, and grant a variance for property located at 21 Maryon Drive to allow parking in front of the addition on the driveway, as shown on the survey. 

 

Ayes:   All                   Noes:   None                                       Motion carried           

 

ADJOURNMENT:

 

Motion by Mr. Bond, seconded by Mrs. Price, to close the public hearing and adjourn the meeting (8:30 P.M.).

 

Respectfully submitted,

 

 

 

Patricia C. DePasquale, RMC/CMC

Secretary