Zoning Board of Appeals Minutes

WEST SENECA TOWN OFFICES WEST SENECA ZONING

1250 Union Road BOARD OF APPEALS

West Seneca, NY 14224 Minutes #2007-01

January 24, 2007

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 24, 2007 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

Absent: 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 Mr. Hughes, seconded by Mr. Dunn, to approve the proofs of publication and posting of legal notice.

Ayes: All Noes: None Motion carried

APPROVAL OF MINUTES #2006-011:

Motion by Mr. Hughes, seconded by Mr. Dunn, to approve Minutes #2006-11 of December 13, 2007.

Ayes: All Noes: None Motion carried

TABLED ITEM:

2006-097 Request of Catherine Russo for a variance for property located at 151 Bradwood Road for existing pool located 5 ft from house.

Mr. Bond noted that the applicant has received two notices to appear on the application for a variance. He suggested tabling this item generally for the applicant to contact the Board and have this item taken off the table.

WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS

1250 Union Road Minutes #2007-01

West Seneca, NY 14224 January 24, 2007

Page two . . .

Motion by Mrs. Rosenswie, seconded by Mr. Hughes, to table this item generally.

Ayes: All Noes: None Motion carried

NEW BUSINESS:

2006-001 Request of Thomas Dixon for a variance for property located at 65 Bellwood Avenue to erect temporary carport 20 ft from front property line and 0 ft from side property line.

Thomas Dixon, 65 Bellwood Avenue, West Seneca, stated there was a mutual mistake on his part and that of the Building Inspector’s office. He had inquired whether or not he needed a permit for a carport, and that office was under the impression he meant a frame with a cloth over it. The carport he erected is attached to the house.

Mr. Bond noted the carport is 8.76 ft in width and thought that was not an unreasonable width for a carport.

Mr. McCabe stated the standard carport space is 8 ft.

Mr. Bond also noted that the wider width is required to accommodate the applicant while recovering from surgery.

Mr. Dixon stated that was correct. It is difficult for him in the winter time to access his vehicle and the variance is being requested on a temporary basis.

Mr. Bond asked the applicant if July 1^st was a sufficient time period for the carport.

Mr. Dixon stated that was agreeable to him.

Mr. McCabe cautioned the applicant that if it were not removed by then, he would be in violation of the ordinance. He asked if the applicant had obtained letters from the adjoining neighbors.

Mr. Dixon stated he did not have any letters, but did advise the adjoining driveway neighbor of his intentions prior to erecting the carport. That neighbor stated he had no objection.

No comments were received from the public.

Motion by Mr. Dunn, seconded by Mrs. Rosenswie, to close the public hearing and grant variances to allow a temporary carport until July 1, 2007; carport to be 20 ft from the front property line and 9 ft from the side property line.

WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS

1250 Union Road Minutes #2007-01

West Seneca, NY 14224 January 24, 2007

Page three . . .

Ayes: All Noes: None Motion carried

2007-002 Request of Ralph C. Lorigo, Esq. for a variance for property located at 3036 Seneca Street to extend freezer area for storage 1.45 ft from property line.

Ralph C. Lorigo, Esq., 101 Slade Avenue, West Seneca, stated he has owned the building at 3036 Seneca Street since the end of 1997 and has entered into a lease with Michael and Sue Desiderio. The Desiderio family has been in the restaurant and entertainment business for a number of years. They are currently upgrading the property with new siding, new roof and a new patio, as well as repairs to the interior, and require more storage and cooler space outside. The survey shows an existing cooler and a storage shed which is 1.45 ft from the property line. The building has been resided and extended to approximately 50 ft, as opposed to 24 ft, and incorporates both storage and cooler. Mr. Lorigo presented reproductions of the work completed so far. Currently, there is a Sunoco Gas station in front for which he has submitted an offer to purchase. It was his understanding that there is no local representative for Sunoco from whom a letter could be obtained, but Sunoco is aware of his pending purchase offer. The tanks have been removed from the property and will not be used as a gas station in the future. If his offer is accepted, the additional property will be used for parking.

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 3036 Seneca Street to extend freezer area for storage 1.45 ft from property line.

Ayes: All Noes: None Motion carried

ADJOURMENT:

Motion by Mrs. Price, seconded by Mr. Bond, to close the public hearing and adjourn the meeting (7:20 p.m.).

Respectfully submitted,

Patricia C. DePasquale, RMC/CMC

Secretary