Zoning Board of Appeals Minutes
WEST SENECA TOWN OFFICES WEST SENECA ZONING
1250 Union Road BOARD OF APPEALS
West Seneca, NY 14224 Minutes #2006-01
January 25, 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 January 25, 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
Dale J. McCabe, Deputy Town Attorney
William Czuprynski, Code Enforcement Officer
Absent: Joseph W. Kleinfelder, II
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 #2005-11:
Motion by Mr. Dunn, seconded by Mrs. Price, to approve Minutes #2005-11 of December 7, 2005.
Ayes: All Noes: None Motion carried
TABLED ITEM:
2005-077 Request of Ellicott Development Company for four variances for property located at the NW corner of Union Road and Seneca Street to: 1) decrease setback between commercial and residential property from 10 to 5 feet; 2) eliminate 10 feet of green space along Seneca Street; 3) reduce parking from 90 to 56 spaces; 4) increase the size for a pylon sign.
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Mr. Bond explained that this item was tabled from the last meeting for the applicant to make some changes and make sure the neighbors were informed of the variances being requested.
William Palladino, Ellicott Development Company, 295 Main Street, Buffalo, stated that alterations to the original plans have been made following discussions with Rite Aid Pharmacy. Notification was made to the adjoining neighbors who have expressed no opposition to the project. Agreement has been made with Mr. Witt and Mr. and Mrs. Brown to purchase ten feet of their properties to square off the Rite Aid property at the corner of Seneca and Union. Two of the variance requests are being eliminated. The first is for the setback along Seneca Street. The five feet of green space originally provided has been increased to ten feet of green space. The 87 square feet originally requested for the pylon sign has been reduced to 50 square feet per panel to conform to the building code. The remaining variance is for parking spaces and the applicant feels 59 spaces is more than adequate to service a store of this size. In purchasing the additional 10 feet of property, they have actually increased the buffer in the back between the pharmacy and the resident by 10 feet from what was originally 5 feet, increasing farther the distance between the new rear property line and where the building will be currently located.
Mrs. Price asked if the intent in purchasing the additional 10 feet of property was to move the building back that distance.
Mr. Palladino stated the building was slid back 5 feet. The dumpster in the rear will be block enclosed with fencing around it and the neighbors had no objection to this. There are three bays; one is for pallets and materials; one is for garbage, and one is for cardboard.
Mr. Bond believed that Mr. Czuprynski indicated less than 90 spaces were required.
Mr. Palladino thought it was somewhere around 65.
Mr. Bond also recalled that in counting stacking of cars, the number of spaces increased to 66 and the required number of spaces was in the low 70’s.
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Mrs. Price stated the original number requested by applicant was 84 and the Board wanted it reduced to 69, including the 10 stacking spaces.
Mr. Bond also noted the previous discussion on snow removal where there was an agreement with the neighbor for plowing and if need be, the snow would be hauled away.
Mr. Palladino stated that was correct. Any accumulation of snow would be hauled offsite.
Mrs. Rosenswie noted the condition of the rear of the property and inquired if it could be cleaned up.
Mr. Palladino stated they were in the process of cleaning the area. They have been having a problem with a vagrant who has broken into the building on several occasions. That particular building will be demolished in February, resolving the issue, with construction to begin in late March or early April.
Mr. McCabe stated the property being purchased is residential which will require a 10 foot buffer from the residential line. A variance will be needed for 5 feet with the understanding that it will be 10 feet from the lot line.
Mr. Bond noted that fencing will also be required.
Chuck Zermentsch, 543 Union Road, stated the proposal was excellent, but noted that the master plan for the area is different than the project being proposed tonight. He would like to see the building moved toward the street, eliminating the greenspace, allowing for pedestrian access with parking behind it. That would be consistent with the type of business center the town is attempting to create in the master plan. There are a number of residents who feel the same way he does.
Clark Fulkerson, 29 Maplewood Avenue, agreed with the previous speaker. That area is planned to be the town center under the pending master plan and the building should have some integrity of design, appropriate parking, lighting and signage. There is an existing Rite Aid at the 5400 block of Main Street in Williamsville that serves as a model and would be an appropriate design for this Rite Aid.
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Ralph Lorigo, 75 Rolling Woods Lane, stated he is the owner of the property at 4000 Seneca Street, adjacent to this property, formerly the Manhatten Bagel store and which is now Rafino’s. Both the previous owner of Manhatten Bagel and the current owner of Rafino’s have encountered problems with the property. The corner is not easy to access and needs parking in front, in spite of what the master plan may be proposing. The reality of the site needs to be considered, which is not a village setting where everything is walkable. All the buildings in the area, including those in the Southgate Plaza, the banks and McDonald’s, have parking in the front. These are tenant generated. In the great majority of drug store situations, parking is situated in the front to allow easy access. Parking is not a problem since very little parking is used on a regular basis. This would clean up a major corner in West Seneca and this project will bring access to that side of the street which has been plagued in the past with the problem of ingress and egress. Mr. Lorigo stated that he has given an easement to Ellicott Development for his own benefit and no monies have passed hands. This project will substantially enhance his building next door and each of the buildings currently there on that side of the road. The green space will be preserved, the parking is not a realistic problem, and the pylon sign has been reduced in size. This project will add to the tax base in West Seneca while not requiring any services. It will also employ people and generate traffic at what is currently a busy corner.
Mr. Bond asked the total amount of parking spaces provided, including the 10 stacking spaces.
Mr. Palladino stated there are 69.
Amy Carpenter, 406 Woodward Crescent, noted this is a busy intersection and asked if there would be traffic lights to help people get in and out.
Mr. Bond stated Union and Seneca Street are State roads and the State is the only one who can install traffic lights.
Ms. Carpenter stated there is already one traffic light at the exit from Southgate and asked if there was anyway to move the parking lot down farther.
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Mr. Bond stated the applicant did not own enough property to do that. The only possible solution would be a middle lane positioned farther back to the light at Southgate, but that would be up to the State and his experience has been that the State will not address a situation such as this unless a problem arises.
Ms. Carpenter stated she would like to see the parking more to the rear for aesthetic purposes. This intersection is much busier than Center and Union Road where the Eckerd drug store is located.
Paula Minklei, Orchard Park Road, agreed with the previous speaker and did not see why the building could not be moved out, still using the same ingress and egress entrances from Union Road. Customers could park in the rear and walk around the corner to the front of the building.
Motion by Mr. Bond, seconded by Mr. Dunn, to close the public hearing and grant a variance to reduce the required parking spaces to 69 spaces, and reducing the setback requirement in the rear from 10 feet to 5 feet to a residential property, noting it will still be 10 feet from the property line.
On the question, Mr. Dunn stated the proposed master plan will address these issues in the future but at the present the Board must make a decision between the alternative of preserving green space or moving the building forward with parking in the rear. At this point in time, the Board must make its decision based on the current town codes.
Mr. Bond agreed, stating this Board can only grant or deny the variance, and cannot make any variance conditioned on the applicant placing the building where the Board wanted it. The Board can only suggest that Rite Aid be approached for the possibility of changing the location of the building in view of the proposed master plan.
Mrs. Price stated the corner of Seneca and Union is unattractive in its current condition. The applicant has made every effort to accommodate the Board and follow the rules. To now ask for elimination of the green space in favor of a walkable situation is against the Town’s past support of green space.
Mr. Bond added that this matter was tabled from last month in order for the applicant to make accommodations for additional green space. He also
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noted that the parking lot at the Eckerd drug store at Union and Center has never been full and in reality some parking spaces may have been eliminated to provide for additional green space. The proposed master plan may address these issues in the future, but the applicant has taken extra measures to accommodate the Board’s various requests, including the purchase of additional property in the rear and reducing the number of parking spaces.
Ayes: All Noes: None Motion carried
NEW BUSINESS:
2005-078 Request of Joseph A. Reidy for a variance for property located at 27 Crystal Lane to erect deck next to pool (10 ft separation requried).
Joseph Reidy, 27 Crystal Lane, stated he is the owner of the property at 27 Crystal Lane which is occupied by his daughter and son-in-law. They would like to erect a pool deck and submitted a letter of no objection from their neighbor.
Mrs. Price asked if the deck was connected to the house.
Mr. Reidy stated there are sliding doors to the deck. They are adding to the existing deck to bring it out to the pool.
Mr. Dunn asked if a safety gate was planned for the protection of children.
Mr. Reidy stated there would be a safety gate.
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 27 Crystal Lane to erect deck next to pool.
Ayes: All Noes: None Motion carried
2005-079 Request of 40 Gardenville, LLC for a variance for property located at 40 Gardenville Parkway to erect 30 sq ft free standing sign (20 sq ft allowed).
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Lisa Strauss, 40 Gardenville, LLC, stated this request is for a tenant sign 30 square feet in size.
Mr. Bond stated the concern is that the sign does not block the driveway in and out of the property.
Ms. Strauss stated there is sufficient land on that side and between the next building so that the sign can be placed back far enough so that it is not obtrusive to the driveway when people are turning in and out. The sign for which a variance was granted at the last meeting indicted the name of the building. This is a separate sign to list the tenants.
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 40 Gardenville Parkway to erect 30 sq ft free standing sign.
Ayes: All Noes: None Motion carried
2005-080 Request of Daniel & Joanne Hartnett for a variance for property located at 691 Mineral Springs Road to erect 2 family dwelling without required bulk area square footage.
Daniel Hartnett, 4551 Clinton Street, stated the property has been in the family for over 90 years. Once the property is split, the existing house will have 50 ft frontage and the double will have a minimum of 60 ft. A survey and construction plan for the proposed building was submitted. The driveway will be 50 ft wide in front and the garages will be contained within the building, for a 70 ft setback. The east and west code is 5 ft and there is 13.6 ft provided on each side. There is 50 ft to the rear lot line.
Mrs. Price asked if this is a rear load garage.
Mr. Hartnett stated the building will be in reverse of what is shown, with the garages in front. Letters of no objection from the adjoining neighbors were submitted. Mr. Hartnett stated he was aware that Mrs. Dixon has some reservations. He personally met with each neighbor to explain his intention for the property. The existing building will be renovated with a
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new roof, siding and garage door, as well as new skirting along the crawl space.
Mrs. Price asked if 691 Mineral Springs and the proposed new building would all be rental property.
Mr. Hartnett stated it would be. His family lives in 691 and his family will live in the new building as well.
Mr. Bond noted that the application states the existing house is 827 ft short and predates the ordinance so that may stand. The second proposed house is 9,212 sq ft as opposed to the 13,000 sq ft required. Because the property is going to be split, two variances will be required.
Mr. Dunn asked the applicant’s hardship in needing a variance.
Mr. Hartnett stated the purpose in allowing other people to build within that area was to boost population in West Seneca, but in this case a second dwelling could not be built on the property they own.
Mr. Bond stated a single would not need a variance. The applicant is asking for a double. A property owner is entitled to use the property for some economic return, but not necessarily the utmost economic return as in the case of a double.
Mr. McCabe stated the existing house predates the ordinance. This is one of the older subdivisions and the original survey will show the subdivision lots as 39.59 ft which was a subdivision back before the ordinance. This obviously is an older neighborhood. The original house was built and the property purchased so there would be additional space. Now, they are attempting to somehow compromise that. The lot that is being built on is actually two sub lots and the second home would have been permissible at that time.
Mr. Bond did not feel that would apply to a double.
Mr. McCabe stated that determination would have to be made by the Code Enforcement Officer.
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Mr. Dunn stated the applicant could build two single residences, but a double requires 13,000 square feet and a single 8,000 square feet.
Mr. McCabe noted that if applicant were to place two single homes on the lots, then he would run into setback and side lot requirements under the current ordinance.
Mr. Hartnett stated the property is zoned R-50 which allows a two family. The existing residence is very old and they assumed if the double was allowed, then at some time in the future the single could be taken down. To put up a single would present a hardship.
Mr. Dunn stated they could still put up the second single.
Mr. Hartnett stated that would be at a considerable cost.
Mrs. Price asked who lived in the existing single.
Mr. Hartnett stated his nephew lives in the existing single and his niece will live in the other residence one side and his daughter will reside in the other side.
Michael Dixon, 61 Bellwood Avenue, represented his mother, Joan Dixon, who resides at 707 Mineral Springs, the adjoining property. He referenced the letter which she did sign, but stated his mother is 83 years of age and did not understand the full content of applicant’s proposal. She thought he was tearing down the existing residence and building in the middle of the lot. This is a congested area and the property is not large enough to accommodate three families.
Virginia Rappleye, stated she thought the proposal was for a two family, upper and lower, not a duplex. She felt the area is too congested for this proposal.
Mr. McCabe showed the proposed plan and explained where the house would be situated if approved.
Mr. Hartnett stated the existing single dwelling is fifty feet wide and meets code requirements. The proposed double requires sixty feet and they will be providing seventy feet which allows almost 14 feet between the house
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and the lot line, and almost forty feet between that house and the other house.
Mr. Bond stated the only variance being considered is for the bulk area. A variance is not needed for the width.
Motion by Mrs. Rosenswie, seconded by Mrs. Price, to close the public hearing and grant the variance for property located at 691 Mineral Springs Road to erect 2 family dwelling without required bulk area square footage, due to the hardship shown in that the double cannot be built without the variance.
On the question, Mr. Bond stated that a property owner has the right to make a reasonable return on an investment, but that doesn’t necessarily mean the highest return. He saw no reason why the property could not be sold and a single built. The applicant would most likely not want to build a single for its lack of economic return, but that doesn’t show a hardship, just that the highest return cannot be realized on the investment.
Ayes: Two (2) Mrs. Rosenswie, Mrs. Price
Noes: Two (2) Mr. Bond, Mr. Dunn
Motion failed for lack of majority vote.
2006-001 Request of Aviation Consultants of WNY for a variance for property located at 4500 Clinton Street to erect 46 sq ft sign (40 sq ft allowed).
Stephanie Laskowski, 3875 Sheldon Road, Orchard Park, appeared on behalf of Aviation Consultants, 4500 Clinton Street. A variance is being requested for a 46 sq ft sign at 4500 Clinton Street.
Mr. Bond asked why a 40 sq ft sign would not be acceptable.
It was stated that an error was made and the sign was already purchased before they were made aware of the allowable size. A letter of no objection was submitted from the resident at 4422 Clinton Street.
No comments were received from the public.
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Motion by Mr. Dunn, seconded by Mrs. Price, to close the public hearing and grant a variance for property located at 4500 Clinton Street to erect a 46 sq ft sign.
Ayes: All Noes: None Motion carried
2006-002 Request of James D. Hanrahan for a variance for property located at 51 Robin Lane to erect deck to within 4 ft of detached garage (10 ft separation required).
James Hanrahan, 51 Robin Lane, stated he was unaware of the separation requirement when the deck was erected. He received notification that a variance would be needed.
Mr. Bond stated that in case of a fire, a separation is needed if they needed to get between the buildings. He did view the property and noticed a gate that opens.
Mr. Hanrahan stated the gate normally remains closed to keep the dogs on the property. He submitted letters of no objection from residents at 44 Lorry Drive, 43 Lorry Drive and 59 Robin Lane.
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 51 Robin Lane to erect deck to within 4 ft of detached garage.
Ayes: All Noes: None Motion carried
ADJOURNMENT:
Motion by Mrs. Rosenswie, seconded by Mrs. Price, to close the public hearing and adjourn the meeting (8:10 p.m.).
Respectfully submitted,
Patricia C. DePasquale, Secretary