Zoning Board of Appeals Minutes

WEST SENECA TOWN OFFICES                                  WEST SENECA ZONING

1250 Union Road                                                                  BOARD OF APPEALS

West Seneca, NY  14224                                                       Minutes #2007-03

                                                                                                April 25, 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 April 25, 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

                                                            William Czuprynski, Code Enforcement Officer

 

OPENING OF PUBLIC HEARING:

 

Motion by Mr. Dunn, seconded by Mrs. Price, 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 #2007-02:

 

Motion by Mr. Dunn, seconded by Mrs. Rosenswie, to approve Minutes #2007-02 of March 28, 2007.

 

                        Ayes:   All                   Noes:   None                                       Motion carried

 

NEW BUSINESS:

 

2007-006         Request of Edward A. Masterson for a variance for property located at                              1535-1545 East & West Road to eliminate required screening.

                        Mr. Bond noted the absence of the applicant.

                        Motion by Mr. Dunn, seconded by Mrs. Rosenswie, to adjourn this request                        until the end of tonight’s meeting.

                        Ayes:   All                   Noes:   None                                       Motion carried

WEST SENECA TOWN OFFICES                       ZONING BOARD OF APPEALS

1250 Union Road                                                      Minutes #2007-03

West Seneca, NY   14224                                          April 25, 2007

                                                                                    Page two . . .

 

 

2007-011         Request of Richard & Marsha Dubel for a variance for property located at 293 Knox Avenue to install parking pad in front yard setback.

                       

                        Marsha Dubel and Richard Dubel, 293 Knox Avenue, appeared on the request.  Mrs. Dubel indicated the property is a two-family home and a parking pad is needed to provide parking for the tenant.  They are requesting a 13 ft x 14 ft parking pad in front of the house alongside the driveway for use by the upstairs tenant.  She and her husband reside downstairs and currently have a one-car garage.  There are three vehicles in the family.

                        Richard Dubel stated there is an existing parking pad with stone.  Now that sidewalks are being put in, they would like to make the pad more presentable by removing the stone and putting in concrete.

                        Mr. Hughes questioned the 24 x 15 measurements on the application.

                        Mr. Dubel stated those are the measurements for the existing pad.  The proposed pad will be downsized.  He noted there is no parking on the street during the winter months.

                        Mr. Bond stated everyone in town with a single width driveway has the same problem and failed to see a unique hardship on the part of applicants.

                        Mrs. Dubel stated their situation is different due to the tenant residing upstairs and in case of an emergency, they would have to move their cars.

                        Mr. Dunn stated the current situation has existed since the 1960’s and nothing has changed in the last few months to make the situation unique.

                        Mr. Dubel stated the current pad accommodates two cars.  Sidewalks are being put in and they will lose a certain amount of parking pad.

                        Mr. Bond noted the applicants are already in violation of the town code with the existing parking pad which is not allowed.

                        Mr. Dubel stated the parking pad has been on the property since they purchased the house.

                        Mr. Bond stated it is still illegal to park in front of the house and applicants can be cited, whether the parking pad is hard surfaced or not.

                        Mr. Hughes asked if applicant brought letters from their neighbors.

                        Mrs. Dubel stated they had letters from neighbors on either side and across the street.

WEST SENECA TOWN OFFICES                       ZONING BOARD OF APPEALS

1250 Union Road                                                      Minutes #2007-03

West Seneca, NY   14224                                          April 25, 2007

                                                                                    Page three . . .

 

 

                        Mrs. Price asked if there was a variance for the parking pad attached to the deed when applicants purchased the property.

                        Mrs. Dubel stated there was not.

                        Mr. McCabe stated the town ordinance does not allow parking in front of the house and applicants are currently in violation of the ordinance.  Generally these type requests come before the Board as a result of a neighbor’s complaint and in applicants’ case, no one has complained to date.  The other situation occurs when a building permit is being applied for to install the hard surface driveway.  Since it is not allowed  under the town ordinance, the applicants must apply to the Zoning Board for a variance.

.                       Motion by Mr. Dunn, seconded by Mr. Bond, to close the public hearing and deny the request for a variance for property located at 293 Knox Avenue to install parking pad in front yard setback.

                       

                        On the question, Mr. Bond stated that the standard for granting a variance is based upon a practical necessity.  He noted that the current parking situation is not uncommon in that area where there are a number of two-family homes, and the applicant has failed to show any unique hardship.  The Zoning Board has uniformly denied requests of a similar nature, other than along the City line where there are no driveways whatsoever.

 

                        Ayes:   Three (3)          Mr. Dunn, Mr. Bond, Mr. Hughes

                        Noes:   Two (2)           Mrs. Price, Mrs. Rosenswie                Motion carried

 

2007-012         Request of Laura & Stephen Griffey for a variance for property located at 71 Langner Road to allow temporary stone driveway.

                        Stephen and Laura Griffey appeared on the request.  Mr. Griffey stated they currently reside in Tonawanda and are building a home at 71 Langner Road.  They need a year for the driveway to settle.  The front half of the property is basically in a flood zone.  The driveway is currently crushed asphalt which is currently settling and has dropped 8–10 inches from the time the driveway was put in last year.  He would rather have the driveway sink now, rather than in a few years when the driveway would have to be replaced. 

                        Letters were submitted from the homeowner to the right.  There is vacant property to the left.

                       

WEST SENECA TOWN OFFICES                       ZONING BOARD OF APPEALS

1250 Union Road                                                      Minutes #2007-03

West Seneca, NY   14224                                          April 25, 2007

                                                                                    Page four . . .

 

 

                        Motion by Mr. Dunn, seconded by Mrs. Rosenswie, to close the public hearing and grant a variance for property located at 71 Langner Road to allow a temporary stone driveway until June, 2008.

                        On the question, Mr. Bond cautioned the applicants that they would have to reappear before this Board in the event something unforseen occurred and the driveway could not be installed by June of 2008.

                        Ayes:   All                   Noes:   None                                       Motion carried

2007-013         Request of John & Kim Girard for a variance for property located at 1890 Center Road to erect addition to house 4 ft from side yard property line.

                        Rusty Funk, 47 Lein Road, contractor, appeared with applicant John Girard on the request.  Mr. Girard stated the addition proposed for the back of the house will be approximately 4 ft from the property line. 

                        Mr. Bond stated he assumed the 4 ft is being requested so that the applicants can stay in line with the existing house.

                        Mr. Funk stated that was correct.

                        Mr. Bond asked if there was a house to the right of applicant and if so, what the distance was from applicant. 

                        Mr. Funk stated the distance was approximately 10 to 14 ft.

                        Mr. Bond stated the Board likes to see at least 10 ft between properties in case of a fire so that the fire equipment can get through.

                        Mr. Dunn asked the size of the addition.

                        Mr. Girard stated the addition was 12 ft by 30 ft.

                        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 1890 Center Road to erect addition to house 4 ft from side yard property line.

                        Ayes:   All                   Noes:   None                                       Motion carried

2007-014         Request of John Cartonia for a variance for property located at 5203 Seneca Street to erect covered canopy 25 ft from front property line.

                        Ralph Lorigo, Esq., 101 Slade Avenue, attorney for applicant, stated there was an enclosure at the Seneca Street side of the building.  The applicant

WEST SENECA TOWN OFFICES                       ZONING BOARD OF APPEALS

1250 Union Road                                                      Minutes #2007-03

West Seneca, NY   14224                                          April 25, 2007

                                                                                    Page five . . .

 

                        took down that enclosure and it is now to be open.  There will be pillars with an overhead canopy for outside storage under cover, as opposed to the previous inside storage.  Applicant realizes he should have come before the Board before taking down the enclosure that was grandfathered in.

                        Mr. Bond asked if this was actually grandfathered in, or became less due to the taking of the intersection.

                        Mr. Lorigo stated it was probably both situations.  The drawings were reviewed with Board members and Mr. Cartonia described the storage and the open porch areas.

                        Mr. Dunn asked the width of the previous structure.

                        Mr. Cartonia stated it was 44 ft wide and 16 ft deep.

                        Mr. Bond noted that portions of applicant’s property have been taken on more than one occasion to widen the corner.

                        Mr. Lorigo agreed, and noted that applicant is left with little parking in front, being all flowers and visual.  Applicant is requesting the canopy be 25 ft from the front property line as opposed to the 40 ft that is otherwise there and would not have been in conformance at any rate before it was taken down.

                        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 5203 Seneca Street to erect covered canopy 25 ft from front property line.

                        Mr. Bond noted that the property became non-conforming through no fault of the applicant.  Further, the canopy will not interfer with the sight line.

                        Ayes:   All                   Noes:   None                                       Motion carried

2007-006         Request of Edward A. Masterson for a variance for property located at      1535-1545 East & West Road to eliminate required screening. 

                        Motion by Mrs. Rosenswie, seconded by Mr. Bond to remove this item from the table, noting there are members of the public who have an interest in this item and the applicant has not yet arrived.

                        Ayes:   All                   Noes:   None                                       Motion carried

                        Motion by Mr. Bond, seconded by Mr. Hughes, to table this item until the May meeting with notification sent to applicant that his request may be denied in the event of his failure to appear.

WEST SENECA TOWN OFFICES                       ZONING BOARD OF APPEALS

1250 Union Road                                                      Minutes #2007-03

West Seneca, NY   14224                                          April 25, 2007

                                                                                    Page six . . .

 

 

                        Ayes:   All                   Noes:   None                                       Motion carried

2007-015         Request of James Wroblewski for a variance for property located at 800 Reserve Road to erect shed 15ft 6in high.

                        James Wroblewski, 800 Reserve Road, stated there is an existing 15 ft x 30 ft out building currently on the property which is in disrepair.  He would like to tear that structure down and replace with a building over the same footprint.  Letters of no objection were submitted from the adjoining neighbors.

                        Mr. Bond noted the variance is not for the location but the height of the building.

                        Mr. Wroblewski stated he has children at home and would like to put a second floor for storage of pool furniture.  The property is 90 ft wide by 900 ft deep with the building approximately 300 ft off the road.  The existing shed is packed now and the new shed would be used to store a tractor, lawnmower, snow blower, and other personal items alone.  He is not planning to run a business from the shed.

                        Mr. Hughes asked if it would be used for living space.

                        Mr. Wroblewski stated it would not; there is power but no heat.

                        Mr. Czuprynski stated applicant is planning on 9 ft high walls on the side and it will be 13 ft from the floor up to the roof.  Normally, it would only be 6 ft so applicant is gaining twice as much space on top.  The building actually gives the appearance of a barn.

                        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 800 Reserve Road to erect shed 15ft 6in high.

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

                                                                                                                        Motion carried

2007-016         Request of Southgate Lanes Bowling Center for a variance for property located at 50 Michael Road to allow outside patio.

                        Michael Grieble, 685 North Star Road, Elma, stated he is one of the owners of Southgate Lanes Bowling Center and is requesting a 20 ft x 12 ft outside open eating area.   Letters of no objection were submitted from the adjoining neighbors.

WEST SENECA TOWN OFFICES                       ZONING BOARD OF APPEALS

1250 Union Road                                                      Minutes #2007-03

West Seneca, NY   14224                                          April 25, 2007

                                                                                    Page seven . . .

 

                        Mr. Hughes asked if alcohol would be served on the patio.

                        Mr. Grieble stated it would.

                        Mr. Bond noted that in the past the Board has set time limits for use of the patio, usually until 11:00 p.m., with no music being allowed.

                        Mr. Czuprynski asked if there would be a fence around the patio.

                        Mr. Grieble stated there would be a fence.

                        Mr. Czuprynski noted there was no exit out of the patio except through the building.

                        Mr. Grieble stated the patio is off to the right of the entrance to the lounge.

                        Mrs. Price asked if patrons would be able to exit from the patio to the street.

                        Mr. Grieble stated that was correct.

                        Mr. Czuprynski stated there is usually a fence around a patio such as this so that the only exit is through the building, and that is to prevent patrons from taking alcohol off the premises.

                        Mr. Grieble stated there is only one entrance to the patio and the SLA has approved the plans submitted.

                        Barbara Malyak, 49 Westview Drive, stated the new owners of the bowling alley are to be commended for their efforts this spring to clean up the property.  Her concern is with the potential of noise and music on the outside patio.  Patios by nature are used for large gatherings and loud parties with the consumption of beer.  She asked the number of people allowed on the patio and if it would be located on the west side of the building.

                        Mr. Bond noted the patio is planned for the front which is the parking lot area and approximately 150 ft from Michael Road.  He asked how many tables the applicant planned to have on the patio.

                        Mr. Griebel stated he planned on four tables.

                        Mr. McCabe noted the size of the patio is in line with what the Zoning Board has approved in the past.

                        Motion by Mrs. Rosenswie, seconded by Mr. Hughes, to close the public hearing and grant a variance for property located at 50 Michael Road to allow an outside patio, with the following stipulations:

                       

WEST SENECA TOWN OFFICES                       ZONING BOARD OF APPEALS

1250 Union Road                                                      Minutes #2007-03

West Seneca, NY   14224                                          April 25, 2007

                                                                                    Page eight . . .

 

                        1.         No music is allowed;

                        2.         Patio cannot be utilized any later than 11:00 p.m.

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

                        Noes:   One (1)            Mr. Dunn                                            Motion carried

2007-017         Request of Dan Reidy for a variance for property located at 395 West Avenue to erect 4ft x 9ft5in pedestal sign without sufficient ground clearance.

                        Dan Reidy, 53 East Royal Hill, Orchard Park, stated he would like to erect a sign approximately 4 ft by 9 ft 5 in with ground clearance of 2 to 3 ft. 

                        Mr. Hughes asked what the sign would be used for.

                        Mr. Reidy stated the sign is for his company name.

                        Mr. Dunn stated his concern for visibility when pulling out of the driveway and asked how far back from the street the sign would be.

                        There is a driveway to the right of the sign as you’re facing it and the sign will be approximately 40 ft from the paved portion. 

                         Mr. Dunn noted the street actually ends there.

                        Mr. Czuprynski stated there is no street to the right so the sign does not block the vision of traffic.

                        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 395 West Avenue to erect 4ft x 9ft5in pedestal sign without sufficient ground clearance.

                        Ayes:   All                   Noes:   None                                       Motion carried

ADJOURNMENT:

 

                        Motion by Mr. Dunn, seconded by Mrs. Rosenswie, to close the public                               hearing and adjourn the meeting (8:00 p.m.).

 

Respectfully submitted,

 

 

 

Patricia C. DePasquale, RMC/CMC, Secretary