Zoning Board of Appeals Minutes
WEST Seneca TOWN OFFICES WEST SENECA ZONING BOARD
West Seneca , NY 14224 May 23, 2007
The regular meeting of the Zoning Board of Appeals of the Town of
ROLL CALL: Present - William Bond, Chairman
Penny K. Price
Daniel P. Dunn
Sandra Giese Rosenswie
Michael Hughes
Timothy J. Greenan, Town Attorney
William Czuprynski, Code Enforcement Officer
Absent - Paul Notaro, Deputy Town Attorney
Motion by Mrs. Rosenswie, seconded by Mrs. Price, to approve the proofs of publication and posting of legal notice.
Ayes: All Noes: None Motion Carried
APPROVAL OF MINUTES
Motion by Mr. Hughes, seconded by Mrs. Rosenswie, to approve Minutes #2007-3 of
Ayes: All Noes: None Motion Carried
OPENING OF PUBLIC HEARING
Motion by Mrs. Rosenswie, seconded by Mrs. Price, to open the Public Hearing.
Ayes: All Noes: None Motion Carried
2007-026 Request of Wayne Ladowski for a variance for property located at
WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
Page two . . .
Mr. Bond stated he received a request from the applicant to postpone this item one month and noted it is the practice of the Zoning Board to grant one adjournment at the request of applicant.
Motion by Mr. Hughes, seconded by Mrs. Price, to table this item until the
Ayes: All Noes: None Motion carried
TABLED ITEM:
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 this item was tabled at last month’s meeting.
Motion by Mrs. Rosenswie, seconded by Mr. Hughes, to remove this item from the table.
Ayes: All Noes: None Motion carried
Edward A. Masterson,
Mr. Czuprynski stated the property contains an apartment complex with two buildings. The parking runs along a residential piece of property to the east of the building. The town ordinance requires screening with either a solid fence or shrubbery of a certain height where there is parking of up to 5 spaces abutting a side yard of a residential piece of property. The ordinance was enacted in 1963, the apartments were built in either 1967 or 1968, and for some unknown reason the ordinance was not enforced at that time. He has received complaints from the adjoining neighbors on the required screening which prompted the notice to the applicant to comply with the ordinance.
Mr. Bond asked the applicant when the property was purchased.
WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
Page three . . .
Mr. Masterson stated he purchased the property in 1977.
Mr. Greenan stated it was his opinion that the ordinance is enforceable if an action is commenced by the Code Enforcement Officer and laches, while it may be a defense, is not generally accepted in terms of municipal enforcement. From a policy point of view, the adjoining residents are entitled to have the parking lot screened.
Joseph Gogan, attorney for Angelo Lauricella, the adjoining property owner at 1557 East & West Road, and James Lauricella, son of Mr. Lauricella, appeared in opposition to the request for a variance. There has been an ongoing dispute about the lack of a fence for quite some time. Insurance claims have been filed for property damage to the Lauricella property fence caused by plow companies because there is no barrier between the parking lot and the adjacent property.
Mr. Bond asked how long Angelo Lauricella has owned his property.
Mr. Lauricella stated his father purchased the property in 1956. The apartment building was built in 1967 and transferred to Mr. Masterson in 1977. His father is now deceased and the property is part of the estate. Mr. Lauricella is the executor. His father attempted to address the issue on numerous occasions, including the filing of insurance claims for damage to the fence. His father was charged with the deductible on those claims. The previous owner was taken to court and a lien attached to the property for damage to the fence caused by a snow plow and bulldozer, which lien was satisfied by the previous owner at the time Mr. Masterson purchased the property. The matter was brought to the attention of the town on several occasions since 1977. Mr. Lauricella stated that the problems began to escalate in 2000, at which time he stepped in to assist his father. In 2001, the town code requiring a fence was brought to his attention, and the appropriate paperwork was filed and notice was sent to Mr. Masterson to comply. Mr. Lauricella presented photo documentation of garbage issues and damage to the fence caused on several occasions since 1977. His father incurred the cost of the deductible on the claims submitted and the property owner of subject property has never offered to reimburse those costs or do any cleaning of the property.
Mr. Bond stated that whenever residential property abuts commercial property, the owner of the commercial property must provide screening in
WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
Page four . . .
the form of a fence or trees or shrubbery which must reach a certain height within a certain period of time.
Motion by Mr. Bond, seconded by Mrs. Price, to close the public hearing and deny the request for a variance for property located at 1535-1545 East & West Road to eliminate required screening.
Mr. Bond stated the reason for his vote on the denial is based solely on the legal requirements of the town code. The applicant may not have been aware at the time of purchase that a fence was required, but lack of knowledge is not a defense and the applicant is still responsible to comply with the ordinance.
Ayes: Three (3) Mr. Bond, Mrs. Price, Mr. Hughes
Notes: Two (2) Mr. Dunn, Mrs. Rosenswie Motion carried
2007-018 Request of James Christie for a variance for property located at
James Christie,
Letters of no objection from the adjoining neighbors were submitted.
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
Ayes: All Noes: None Motion carried
2007-019 Request of David Tosetto, Elderwood Health Care, for a variance for property located at
David Tosetto, Executive Director, Elderwood Health Care,
WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
Page five . . .
approximately 7 years ago, the type sign normally erected did not conform with the town’s code. A compromise was made but the sign which eventually was erected did not correspond with any of the other signs in the organization. They are currently recreating all of the organization’s signs and would like a sign at the
Mr. Dunn asked if the new sign would be erected in the same location with the same front edge.
Mr. Tosetto stated that was correct. The sign is set back 30 ft from the road and will be lined up with the other signs on the road.
Mr. Bond noted the Board’s concern is that the sign will not block the vision of traffic on
Carlo Peach,
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
Ayes: All Noes: None Motion carried
2007-020 Request of Michelle Mather for a variance for property located at
Michelle Mather,
WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
Page six . . .
Mrs. Price asked if the fence would be located from the house to the garage.
Ms. Mather stated it would come out about 12 ft and then attach to the garage because the house and garage are not lined up. The fence would not be in the front of the house and will stay off the property line.
Letters of no objection were submitted from the adjoining neighbors.
Mrs. Price commented that the lot is located on a corner so this is actually the back yard.
Mr. Bond stated the concern of the Board is that the fence not block the sight lines coming around the corner and it appears that the requested fence will not present a problem.
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
Ayes: All Noes: None Motion carried
2007-021 Request of June Jonmaire for a variance for property located at
June Jonmaire,
A letter of no objection from the residents at
No comments were received from the public.
Motion by Mr. Dunn, seconded by Mr. Bond, to close the public hearing and grant a variance for property located at
Ayes: All Noes: None Motion carried
WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
Page seven . . .
2007-022 Request of Mayer Brothers Apple Products for a variance for property located at
John Mayer, Mayers Brothers,
Mr. Bond noted the other metal building to the right and asked if the proposed building would be the same approximate set back.
Mr. Mayer stated that was correct.
Mr. Hughes asked what the expansion of the building would be used for.
Mr. Hughes stated they were attempting to eliminate a congestion problem on
No comments were heard from the public.
Motion by Mrs. Rosenswie, seconded by Mr. Hughes, to close the public hearing and grant a variance for property located at
Ayes: All Noes: None Motion carried
2007-023 Request of R-J Properties for a variance for property located at
Joseph McDonald, R-J Properties,
WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
Page eight . . .
Mr. Bond noted that the corner of the house itself is right at the 30 ft setback but because of the curve, it goes into the concrete covered porch and from the application, it appears the excavator for the cellar made an error.
Mr. Greenan stated it was his understanding that the owner of the home is a Mr. Flick. Mr. Flick contracted with R-J Properties to construct a residence on the property. The residence was constructed in a manner which does not conform with the ordinance. The Zoning Board at this meeting is considering to grant a variance which will give them the ability to continue constructing the home at its current location.
Letters of no objection from adjoining neighbors were submitted.
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
Ayes: All Noes: None Motion carried
2007-024 Request of Thomas Alico,
Thomas Alico,
Mr. Bond noted that
Mr. Alico stated approximately 25 ft.
Mr. Bond asked if the applicant would have any objection to a condition being placed on the variance that the sign would have to be 9 ft back from the property line.
WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
Page nine . . .
Mr. Alico stated that was agreeable.
Mr. Dunn noted that there is ample property in front and asked the need for the sign to be that close to the street.
Mr. Alico responded there will be two signs at an angle so they can be seen from both directions on
Mr. Czuprynski noted that some of the front property will be sold off. The entire property does not attach to the building in back. There is a parcel on the left and one on the right that may be going to an out parcel.
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
Ayes: All Noes: None Motion carried
2007-025 Request of Daryl Martin for a variance for property located at
Daryl Martin,
Mr. Dunn noted that the addition will take up some of the required parking spaces.
Mr. Martin responded that additional adjoining property was purchased for parking.
WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
Page ten . . .
No comments were received from the public.
Motion by Mr. Hughes, seconded by Mr. Dunn, to close the public hearing and grant a variance for property located at
Ayes: All Noes: None Motion carried
2007-027 Request of Nelson Wagner, Facilities Manager, for a variance for property located at
Nelson Wagner, Facilities Manager, McKesson Corporation, stated the fence will be set back 20 ft from the road. Mr. Wagner reviewed the survey and plan with the Zoning Board members and stated that the fence is required for additional security.
MR. DUNN NOTED FOR THE RECORD THAT CHAIRMAN WILLIAM BOND LEFT THE MEETING AT 7:55 P.M.
Mr. Hughes questioned security practices for the property and inquired if cameras were in operation 24/7 and if the building was alarmed.
Mr. Wagner stated there were cameras 24/7 and ADT was the alarm company.
Mr. Hughes questioned who was mandating the additional security.
Mr. Wagner responded that the corporation was requiring additional security. Every pharmaceutical operation across the country is having fences for additional security.
Mr. Dunn noted there were additional requests from companies in that area for fence higher than what is normally allowed and for barbed wire and in the past, and no request for a fence with barbed wire on top has ever been approved by this Board.
Mr. Wagner noted there was another property in that area with a fence the same height and with barbed wire on top. The middle driveway is being
WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
Page eleven . . .
eliminated and with the two driveways on the end, there is more straight-away and is not a pure corner.
Mr. Czuprynski questioned whether the narcotics inside the building are kept in a completely enclosed section under lock and key.
Mr. Wagner said that was correct.
Mr. Czyprynski questioned the need for a fence that will be 8 to 9 ft in height when these narcotics are under lock and key inside the building and there are cameras and other security precautions in place.
Mr. Wagner stated it was possible for someone to infiltrate the existing security. Fences do serve the purpose and slow down the perpetrators. A letter was submitted from Certo Brothers, stating no objection to the request.
No comments were received from the public.
Motion by Mrs. Rosenswie, to close the public hearing and grant a variance for property located at
Motion failed for lack of a second.
Motion by Mr. Dunn, seconded by Mr. Hughes, to close the public hearing and deny the request for a variance for property located at
Ayes: Three (3) Mr. Dunn, Mr. Hughes, Mrs. Price
Noes: One (1) Mrs. Rosenswie Motion carried
Town Attorney Timothy J. Greenan noted for the record that the Industrial Park as originally designed was subject to a park review committee that envisioned a specific appearance for the park and an ordinance was enacted that addressed the concerns of the planners. If there have been changes in security concerns or some thought that this or another facility needs to have a security structure in place, the Town Board could address
WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
Page twelve . . .
the issue by changing the ordinance. As the ordinance stands now, the applicant would need a variance or make application to the Town Board to change the ordinance. The Town Board would most likely consult with its planning consultant because in the event fences are allowed, the entire appearance of the park will change.
2007-028 Request of JGD Associates, Inc. for a variance for property located at
Matthew Pisko, 37225 St. Martins,
Charles Siwy,
Motion by Mrs. Price, seconded by Mr. Hughes, to close the public hearing and grant a variance for property located at 1442 Union Road to erect building 5 ft from rear property line; allow canopies 15 ft 10 in and 31 ft 10 in from exterior side and front property lines; and allow a 6 ft high fence, with the stipulation that a retaining wall be installed and drainage to remain on the property of applicant.
Ayes: Three (3) Mrs. Price, Mr. Hughes, Mr. Dunn
Noes: One (1) Mrs. Rosenswie Motion carried
2007-029 Request of Cynthia Rosati for a variance for property located at
WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
Page thirteen . . .
Cynthia Rosati,
Mr. Dunn asked how many vehicles are on the property.
Ms. Rosati stated there are four vehicles. One vehicle belongs to her sister who lives with her. Two vehicles belong to the sister’s boyfriend and her boyfriend and are not there every night of the week.
Mrs. Price questioned why the garage could not be used for parking.
Ms. Rosati stated the garage is used for storage of a snowblower and lawnmower and other items.
Mr. Hughes asked the size of the garage.
Ms. Rosati stated it was only large enough for one car and the side is actually a screened room. Letters of no objection were submitted from the adjoining neighbors.
Mr. Dunn noted that the pad was not reflected on the survey.
Ms. Rosati stated she was unaware of the procedures that needed to be followed. The applicant reviewed the survey with the Zoning Board members to indicate where the pad was located.
No comments were received from the public.
Motion by Mr. Dunn to close the public hearing and deny the request for a variance for property located at
Motion failed for lack of a second.
Motion by Mrs. Price, seconded by Mrs. Rosenswie, to close the public hearing and grant a variance for property located at
WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
Page fourteen . . .
On the question, Mrs. Price commented on the older neighborhoods in town where parking was not allowed in the street and the closeness of the houses, making parking difficult.
Ayes: Two (2) Mrs. Price, Mrs. Rosenswie
Noes: Two (2) Mr. Dunn, Mr. Hughes
Motion denied by virtue of the tie vote.
Motion by Mr. Dunn, seconded by Mrs. Rosenswie, to rescind the previous motion and table this item until the June meeting.
Ayes: All Noes: None Motion carried
2007-030 Request of Paul J. Rybczynski for a variance for property located at
Paul Rybczynski,
Mr. Czyprynski explained to the Board that putting the addition in the area proposed will take away from the required parking. It is his position that applicant can still use the garage.
Mr. Rybczynski referred to the variance granted to 21 Maryon. That property does not have a garage so the problem is not exactly the same. Their addition does come out closer to the property next door and applicant is leaving more space between the neighbors than 21 Maryon did.
Mr. Dunn noted that if the addition was 1 ft narrower than proposed, a variance would be unnecessary.
Mr. Czyprynski stated he would still need a variance between the garage and house.
WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
Page fifteen . . .
Mr. Rybczynski submitted letters of no objection from his neighbors at 17 Maryon, 3 Maryon and 11 Maryon.
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
Ayes: All Noes: None Motion carried
ADJOURNMENT:
Motion by Mr. Hughes, 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