Zoning Board of Appeals Minutes
WEST Seneca TOWN OFFICES WEST SENECA ZONING BOARD
West Seneca , NY 14224 June 27, 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
Paul Notaro, Deputy Town Attorney
William Czuprynski, Code Enforcement Officer
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
Motion by Mr. Hughes, seconded by Mrs. Price, to approve Minutes #2007-4 of
Ayes: All Noes: None Motion Carried
OPENING OF PUBLIC HEARING
Motion by Mr. Dunn, seconded by Mrs. Price, to open the Public Hearing.
Ayes: All Noes: None Motion Carried
2007-042 Request of Heritage Fence for a variance for property located at
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Mr. Bond stated that the secretary for the Zoning Board received communication from applicant requesting this request for a variance be withdrawn.
Motion by Mr. Dunn, seconded by Mr. Hughes, to table this item indefinitely.
Ayes: All Noes: None Motion carried
2007-051 Request of Donald Grasso for an appeal of decision of Code Enforcement Officer for the issuance of building permit for property located at
Mr. Bond stated that a request was received from the attorneys of Canisius High School, owners of the property in question, requesting this matter be tabled. They would like an opportunity to address the issues raised by the applicant and are unable to attend tonight’s meeting.
Mr. Notaro stated he spoke with R. J. Stapell, the attorney representing
Motion by Mr. Hughes, seconded by Mr. Dunn, to table this item until the next meeting, with the understanding that no further construction be allowed prior to this matter being heard.
Ayes: All Noes: None Motion carried
TABLED ITEMS
2007-026 Request of Wayne Ladowski for a variance for property located at
at
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Motion by Mr. Hughes, seconded by Mr. Bond, to remove this item from the table.
Ayes: All Noes: None Motion carried
Mr. Bond noted the absence of applicant at tonight’s meeting.
Motion by Mr. Dunn, seconded by Mr. Bond, to close the public hearing and deny the request of applicant for a variance for property located at
Ayes: All Noes: None Motion carried
2007-029 Request of Cynthia Rosati for a variance for property located at
Cynthia Rosati,
Mr. Bond noted that the survey reflects 59.7 ft between the garage and the property line and another 4 to 5 ft to the concrete walk. He questioned why the cars could not be parked in the driveway without hanging over the sidewalk.
Ms. Rosati stated the cars do hang over the sidewalk. The garage is a one-car garage with screening on the side for a sitting room. The garage is used for storage of a lawn mover and other items and is not used for a vehicle. It is difficult moving the vehicles because she starts work at 7:00 a.m. and her sister starts at 6:00 a.m.
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Motion by Mr. Dunn, seconded by Mr. Bond, to close the public hearing and deny the request for a variance for property located at
Ayes: Three (3) Mr. Dunn, Mr. Bond, Mr. Hughes
Noes: Two (2) Mrs. Price, Mrs. Rosenswie Motion carried
IV. NEW BUSINESS
2007-031 Request of First Baptist Church for a variance for property located at
Bernard Wells, First Baptist Church, stated the proposal is to replace the existing deteriorated sign with a new 40 sq ft sign which would match the pillars at the entrance and similar to the Houghton College entrance. It would also be the same distance back from the right-of-way, a minimum of 10 ft. Letters of no objection were submitted from
Mr. Bond asked the distance of the right-of-way to the paved portion.
Mr. Wells responded that he did not have that information at hand.
Mr. Bond stated
Mr. Wells stated the width does vary in that area. The sign will be at least 15 ft from the sidewalk.
Mr. Bond stated the usual concern of this Board is visibility when pulling out of the parking lot, but this appears to be at least 25 ft back from the paved portion and 40 ft or so from the entrance.
Mr. Wells stated that was correct.
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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
2007-032 Request of Alfred & Cynthia Bean for a variance for property located at
Alfred Bean,
Mr. Bond asked if there was a house on the other side of the property line.
Mr. Bean stated there was.
Mr. Bond noted that it appears there is at least 10 ft to the next closest building.
Mr. Bean stated that was correct.
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
2007-033 Request of Patricia R. Bouchard for a variance for property located at
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Patricia Bouchard,
Mr. Dunn asked if the original deck was two levels and if the new deck would remain in the same footprint.
The applicant stated that was correct. Letters of no objection from 17 Bellwood and 30
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
2007-034 Request of Warren & Lynn Hoffman for a variance for property located at
Warren Hoffman,
Mr. Bond asked if there was an existing porch.
Mr. Hoffman responded there was a concrete stoop now, and he would not be extending the proposed porch out any farther.
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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
2007-035 Request of Bernard & Michalina Ryan for a variance for property located at
Bernard and Michalina Ryan,
Mr. Hughes asked if the Jacuzzi was still there.
Mr. Ryan stated it was, although moved down toward the garage.
Mr. Bond asked how far the deck will extend beyond the house.
Mr. Ryan stated the deck will extend 16 ft. The initial 12 ft is what places the deck close to the garage. Currently, it’s 16 ft which takes it up to the garage and they plan going another 10 ft beyond that on a lower level deck.
Mr. Dunn noted that the fire department would not be able to access the property in the event of a fire in the shed or Jacuzzi.
Mr. Bond stated access in the event of a fire is always a concern. The ordinance requires 10 ft and applicant is requesting 2.6 ft. He
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suggested altering the plan to angle away from the garage to allow for more distance between the garage and deck.
Mr. Ryan stated he would be able to allow for an additional 2 ft and reviewed the proposed plan and alteration with the Board members, and was agreeable to staying 5 ft from the garage.
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
2007-036 Request of Nick Croglio for a variance for property located at
Nick Croglio,
Mr. Bond asked if the applicant intending installing the fence on the property line.
Mr. Croglio responded it would be on three quarters of the property. The other hedge row on the back is still in good condition. On the sidewalk side of the property, the fence would be about 3 ft off the sidewalk.
Mrs. Price asked how far back the fence would be from the Marilyn curve of the road.
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Mr. Croglio stated it will only go up to the garage. It will not make the turn. It will extend from the back of the garage to the end of the property line and then across to the adjoining neighbors. The applicant explained the exact location of the fence on the survey to the Board members.
Ron Cicero, 33 Marilyn, stated he in favor of applicant’s request. The applicant’s back yard is alongside his yard. The existing bushes are huge and the fence will look much better.
Motion by Mrs. Rosenswie, seconded by Mr. Bond, to close the public hearing and grant a variance for property located at
On the question, Mr. Dunn noted a variance would not be necessary if applicant’s property was in the middle of the block and the requested fence will not block the sight line of vehicles coming around the corner.
Ayes: All Noes: None Motion carried
2007-037 Request of Beatrice Graham for a variance for property located at
Beatrice Graham,
Mr. Bond asked if it was her intention to rent rooms.
Ms. Graham stated that was correct, but only to persons, not families.
Mrs. Price asked how many people the applicant would be renting rooms to.
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Ms. Graham stated whatever the Board allowed, one, two or three at the most. She is gone most of the winter and this would help with covering the home while she was gone.
Mrs. Price asked how many rooms would be rented out.
Ms. Graham stated three rooms.
Mr. Czuprynski stated the property was zoned residential for single family homes only. The applicant converted the attached garage into a living area which actually took a parking space and now the applicant has no parking. It still has a garage door on it but the garage is finished.
Mr. Hughes asked if applicant planned on using the garage for rental space.
Ms. Graham stated it would be rented. A letter of no objection was submitted from
Richard Olma and Paula Olma,
Motion by Mr. Dunn, seconded by Mr. Hughes, to close the public hearing and deny the request of applicant for a variance for property located at
On the question, Mr. Dunn stated he was against rooming houses being allowed in a residential district with single family homes.
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Mr. Bond stated there did not appear to be any reason for the variance other than financial benefit to the applicant and it did not fit into the character of the neighberbood.
Ayes: All Noes: None Motion carried
2007-038 Request of James Siwy for a variance for property located at
James Siwy,
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: Four (4) Mr. Hughes, Mrs. Rosenswie, Mrs. Price, Mr. Bond
Noes: One (1) Mr. Dunn Motion carried
2007-039 Request of John & Kathie Gullo for a variance for property located at
John Gullo and Kathie,
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Mrs. Price asked if these would be two flag lots; one with a 38 ft driveway and one with a 37 ft driveway.
Mr. Gullo stated that was correct.
Mr. Bond commented that 40 ft was required for the drives, but the larger issue was the bulk area requiring an acre in the rear which applicant does not have.
No comment was 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
Ayes: Four (4) Mr. Dunn, Mrs. Price, Mrs. Rosenswie, Mr. Hughes
Abstaining: (1) Mr. Bond stated he would be abstaining from the vote due to his personal relationship with applicant.
2007-040 Request of William Hamm, Will Enterprises, for a variance for property located at
William Hamm,
Mr. Dunn asked if there were private residences on the lot between this building and
Mr. Hamm stated there were and submitted letters of no objection form
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Mr. Hughes asked if the proposed garage will be put on the same footprint as the existing garage.
Mr. Hamm stated it would and the proposed garage would actually be smaller than the existing one.
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
Ayes: All Noes: None Motion carried
2007-041 Request of George Misiak for a variance for property located at
George Misiak,
Mr. Hughes asked why a 6 ft fence was needed.
Mr. Misiak stated it was easier for kids to scale a 4 ft fence.
Mr. Bond noted that from the survey, the fence will go back 15 ft. from the lot line.
Mr. Misiak stated that was correct, and from the house it would be 9 ft so not to block the view when cars back out of the driveway. He had no letters from the neighbors. Applicant then reviewed the proposal with the Board members.
Mr. Dunn asked if any part of the fence would be connected to the house.
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Mr. Misiak stated it would abut the house, but not connect to it. He also submitted photos for the Board members to review.
Mr. Czuprynski stated that after a review of applicant’s survey, it appears the street was put in backwards. The error was pointed out to applicant and the Board members. He also noted that the photographs presented were actually of another property.
No comments were received from the public.
Motion by Mr. Dunn, seconded by Mr. Hughes, to close the public hearing and deny the request of applicant for a variance for property located at
On the question, Mr. Dunn noted that the photographs presented showing the same type fence on other properties in the area reflect exactly what the town would not want to see erected so close to the street.
On the question, Mr. Bond stated he saw no hardship on the part of applicant to allow a 6 ft fence.
Ayes: All Noes: None Motion carried
2007-043 Request of James M. Kuc for a variance for property located at
James M. Kuc,
Mr. Bond asked if the 6 ft fence was planned for across the entire back yard.
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Mr. Kuc stated that was correct. There is an existing fence there now and will extend from the front corner of the house and even with the house.
Mr. Czuprynski stated a 4 ft fence would be allowed if the requirements for an exterior side yard were met. It’s allowed to project 10 ft into the exterior side yard with a 4 ft high fence.
Mr. Bond noted that the request is to project 24 ft with a 6 ft high fence.
Mrs. Price asked the applicant if he had considered a 4ft fence and then graduate up to a 6 ft fence at the end of the house. Mr. Kuc reviewed the plan with the Zoning Board members and stated he would be agreeable with this proposal.
Mr. Dunn noted that a 6 ft fence in front of the house has an appearance of a fort.
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 75 Osgood Avenue for a 4 ft high fence extending 24 ft across Osgood and then to the back of the house, and then graduate up to 6 ft high fence from the rear of the house to the rear property line.
Ayes: All Noes: None Motion carried
2007-044 Request of JGD Associates, Inc. for a variance for property located at
Stephen Webster, JGD Associates, Inc.,
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the Sunoco logo, the A+ logo and prices will be relocated to a site along Center Road with an additional 70 sq ft sign to be installed on the southerly property line. The identification signs will be similar to the Mobil signs across the street.
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
Ayes: Four (4) Mr. Dunn, Mrs. Price, Mr. Bond, Mr. Hughes
Noes: One (1) Mrs. Rosenswie Motion carried
2007-045 Request of Charles Mager/Gary Mack for a variance for property located at 3373-3385 Clinton Street, Lot #29 to erect a 6 ft fence on east side of Lot #29 and place a 4 ft x 6 ft lighted sign at 3373 Clinton Street.
Charles Mager,
Mr. Czuprynski stated the property is zoned residential and allowed a 1 ft x 3 ft sign. If the property was zoned commercial, a pedestal sign or a free standing sign would be allowed, 20 sq ft if up to the front property line, or a 40 sq ft sign if 10 ft away from the property line and no more than 12 ft high.
Mr. Bond noted this was a non-conforming use. The new sign at the entrance is 4 ft x 6 ft, or 24 sq ft. and asked if that size sign would be allowed in a commercial district.
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Mr. Czyprynski responded not in its present location. It would have to be pushed back 10 ft from the property line and at least 8 ft off the ground. 20 sq ft is the maximum that can be allowed in this particular location.
Mr. Mager pointed out that the actual signage is less than 20 sq ft. It’s the decoration at the top that makes the sign 24 sq ft.
Mr. Dunn noted this is an established business that has been there for a number of years and felt it was encouraging that they are actually going down from a 5 ft x 10 ft sign to a 4 ft x 6 ft sign.
Brian Doster,
Mr. Mager responded 3373
Mr. Doster objected to any variance being granted until the applicant comes in compliance with the grading and seeding of the land at 3365
Mr. Bond stated that would be an issue for the Code Enforcement Officer to address.
Mr. Dunn asked if the signs can only be seen from the inside of the parking lot.
Mr. Doster stated that was correct.
Mr. Magner stated they are small signs, 10 x 15, advertising the people who have helped do some of the work in the business. Some are on the fence and some are in the ground, similar to election signs.
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Mr. Doster stated his concern is with the lighting, not the sign itself. With the driveway put in, there are three pedestal lamp posts with three lights apiece and all of the lighting from the west side of the building now faces his property. If the sign was designed with the light coming in, rather than shining out, he would have no objection because the light would be shining on the applicant’s property and not his.
Mr. Mager stated there will be lights in the sign. The lights will be interior and shining inside out, similar to the sign on Mackie’s.
Mr. Bond asked Mr. Czuprynski is there was anything in the ordinance dealing with candle power.
Mr. Czuprynski stated there was a similar situation down the street where there was a 4 ft x 8 ft illuminated sign erected. The woman across the street, complained that it was illuminating her living room. The street light was actually giving out more candle power than what this sign was.
Mr. Doster stated he is not objecting to a sign, but to the amount of light that will be shining into his yard.
Motion by Mr. Bond, to close the public hearing and grant a variance for property located at 3373-3385 Clinton Street, Lot #29 to erect a 6 ft fence on the east side of Lot #29 and to place a 4 ft x 6 ft lighted sign at 3373 Clinton Street on the condition that the illumination from that sign does not project off the property.
Mr. Czuprynski stated that was not possible; that the moment you can see the lighting, it is illuminationg on someone else’s property.
If Mr. Doster can see it on his property, that means the light is projecting onto his property. Light travels outward and at this point it would impossible to determine the amount of light that will travel outward from this particular sign.
Mr. Bond withdrew the motion. He asked how long this sign would be lit at night.
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Mr. Mager responded that the sign would be lit until approximately 2:00 a.m. He owns the property at 3369
Mr. Doster stated the applicant is requesting a 6 ft fence on the east side of the property in order to diminish the amount of lighting that neighbor is exposed to; yet he is not afforded the same courtesy.
Mr. Dunn asked if there was a 6 ft fence on Mr. Doster’s side.
Mr. Doster stated there is, but the fence does not extend all the way out.
Mr. Bond asked if he wanted a 6 ft fence all the way out to the street.
Mr. Doster responded that he did not want any more light on his property.
Barry Skoney,
Motion by Mr. Dunn, seconded by Mr. Bond, to close the public hearing and grant a variance for property located at 3373-3385 Clinton Street, Lot #29 to erect a 6 ft fence on the east side of Lot #29 and to place a 4 ft x 6 ft lighted sign at 3373 Clinton Street.
On the question, Mr. Dunn felt the amount of light cast from the sign will be negligible as compared to the street light between the two properties and the privacy fence will be helpful to the neighbor on the other side.
Ayes: All Noes: None Motion carried
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2007-046 Request of Barbara Bickelman for a variance for property located at
Barbara Bickleman,
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
2007-047 Request of David H. Guenther for a variance for property located at
David Guenther,
No comments were received from the public.
Motion by Mr. Bond, seconded by Mr. Dunn, to close the public hearing and grant a variance for property located at
Ayes: All Noes: None Motion carried
2007-048 Request of NAS Quick Sign for a variance for property located at
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Paul Strada, NAS Quick Sign,
Mr. Czuprynski stated the message part of the sign has already been approved by the Town Board and applicant is before this Board for the size and location of the sign.
Mr. Strada stated the proposal is to move the sign a little closer to the middle of the property to alleviate the problem of people being able to see as they pull in and out of the property. The location of the sign was reviewed with the Zoning Board, as sell as a rendering of the proposed sign.
No comments were received from the public.
Motion by Mr. Bond, seconded by Mr. Dunn, to close the public hearing and grant a variance for property located at
Ayes: All Noes: None Motion carried
2007-049 Request of Michael Khoury for a variance for property located at
Michael Khoury,
Mr. Bond referenced an earlier request before the Board, noting that his request is similar. He asked applicant if he would be agreeable to a 4 ft fence across the side yard to the back of the house and then 6 ft starting at the rear of the house and back.
Mr. Khoury stated he was agreeable.
No comments were received from the public.
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Motion by Mr. Dunn, seconded by Mr. Hughes, to close the public hearing and grant a variance for property located at 2 Sunset Creek Drive to erect a fence 4 ft in height from where it connects to the corner of the house, at least 15 ft from the front property line, and then easterly until it reaches a point parallel with the back corner of the house and then graduating to a 6 ft for the remainder of the distance along Orchard Park Road.
Ayes: All Noes: None Motion carried
2007-050 Request of Barry & Jennifer Skoney for a variance for property located at
Barry Skoney,
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
ADJOURNMENT:
Motion by Mrs. Price, seconded by Mr. Bond, to close the public hearing and adjourn the meeting (9:15 p.m.).
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Respectfully submitted,
Patricia C. DePasquale, RMC/CMC
Secretary