Zoning Board of Appeals Minutes
WEST SENECA TOWN OFFICES WEST SENECA ZONING BOARD
West Seneca , NY 14224 September 26, 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. Dunn, seconded by Mr. Hughes, to approve Minutes #2007-07 of
Ayes: All Noes: None Motion Carried
OPENING OF PUBLIC HEARING
Motion by Mr. Hughes, seconded by Mr. Dunn, to open the Public Hearing.
Ayes: All Noes: None Motion Carried
TABLED ITEM:
2007-070 Request of Marie T. Betti for a determination whether the proposed use for property located at 475 East & West Road as a Credit Union Office is allowed by present zoning.
WEST SENECA TOWN OFFICES WEST SENECA ZONING BOARD
West Seneca , NY 14224 September 26, 2007
Page two . . .
Mr. Bond noted that this application will be heard upon arrival of the applicant who has advised she will be late.
NEW BUSINESS:
2007-075 Request of Dr. Brian McCourt for a variance for property located at
Dr. Brian McCourt,
Mr. Bond noted that the petition requests 0 ground clearance and the sketch shows 28 inches. The reason for the 8 ft clearance as required under the ordinance is to allow for visibility when a person is existing the driveway.
Dr. McCourt noted the building is 40 ft back from the road and would the sign would be erected 10 to 15 ft back from the road to allow space for people to see beyond the sign when pulling out.
Mr. Bond asked the applicant to clarify the location of the driveway.
Dr. McCourt reviewed the survey with the members and noted the location of the driveway and proposed sign.
Mr. Dunn asked if the applicant was planning on placing the sign 10 ft back from the blacktop or the right of way.
Dr. McCourt stated it would be from the right of way.
Mr. Bond asked if the applicant would be willing to place the sign 15 ft back from the right of way.
Dr. McCourt stated he was willing to do that.
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 3681 Seneca Street to erect an oversized sign without sufficient ground clearance, with the
WEST SENECA TOWN OFFICES WEST SENECA ZONING BOARD
West Seneca , NY 14224 September 26, 2007
Page three . . .
stipulation that the sign be 42 sq ft in size, located 15 ft back from the right of way and 28 inches in height from the ground as indicated in the sketch submitted by applicant.
Ayes: All Noes: None Motion carried
2007-076 Request of Noel M. Will for a variance for property located at
Noel Will,
Mr. Hughes asked the size of the proposed garage.
Mr. Will stated he did not have a specific size in mind as he was unsure whether a variance would be granted. He was informed it could be 28 ft wide and 50 ft long because there is plenty of green space.
Mr. Bond noted the diagram indicates the driveway at the point of where the garage would be is 24 ft.
Mr. Will stated it would be at least 24 ft wide.
Mrs. Price noted the 50 ft possible length of the proposed garage and asked if applicant intended on running a business from it.
Mr. Will stated he would not be operating a business from the garage. The garage will be used to store two trailers which currently are in violation of the town code. Letters of no objection were submitted from
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
WEST SENECA TOWN OFFICES WEST SENECA ZONING BOARD
West Seneca , NY 14224 September 26, 2007
Page four . . .
207-077 Request of Michael Biddleman for a variance for property located at
Michael Biddleman,
Mr. Bond noted the proposed addition is 16 ft x 16 ft, or 250 sq ft. The width across the house is 25 ft. If the addition was 10 ft x 25 ft, a variance would not be required.
Mr. Biddleman stated he was looking to go back, rather than to the side. There is an existing patio on that side which will remain.
Mr. Bond noted there is a covered patio on the garage also.
Mr. Biddleman stated that was correct. Letters of no objection were submitted from 88
No comments were received from the public.
Mr. Dunn noted that 10 ft is required between structures under town code so that fire apparatus can get back in if needed. A 10 ft x 25 ft addition would allow more space for fire equipment.
Mr. Biddleman stated that the garage is almost straight on with the driveway and it’s actually the covered patio connected to the garage that would hinder the access, but it is not enclosed and would not present a real problem with gaining entry.
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
2007-078 Request of Russell Gaglia for a variance for property located at
WEST SENECA TOWN OFFICES WEST SENECA ZONING BOARD
West Seneca , NY 14224 September 26, 2007
Page five . . .
Russell Gaglia,
Mr. Hughes asked if this room would be screened in or just covered.
Mr. Gaglia stated it would covered only, and not screened in. Mr. Gaglia submitted plans for review by the Zoning Board.
Mr. Bond asked if the front of the house was being demolished or the porch added on.
Mr. Gaglia stated it would be added on. He reviewed the plans in detail with the Zoning Board.
Mr. Dunn stated that it is the practice of the Zoning Board to request letters from adjoining neighbors stating their approval or disapproval of the project. He noted that in this neighborhood all the houses are similar and the proposal of applicant will dramatically change the appearance of the house.
Mr. Gaglia stated he had not obtained letters from the neighbors.
Mrs. Rosenswie asked how the applicant planned on controlling water where the roof is joined.
Mr. Gaglia stated there is a water shield to prevent water damage.
Mr. Bond noted is agreement with Mr. Dunn and stated the neighbors may have a concern with this request.
Motion by Mr. Hughes, seconded by Mr. Bond, to table this item until the October meeting for the applicant to obtain letters from the neighbors.
Ayes: All Noes: None Motion carried
2007-079 Request of Daryl K. Martin for a variance for property located at
Daryl Martin,
WEST SENECA TOWN OFFICES WEST SENECA ZONING BOARD
West Seneca , NY 14224 September 26, 2007
Page six . . .
Since the “as built” survey was completed, it was noted the building was 48 ft. There are five separate surveys and they are all different. This variance is being requested based on the latest survey showing the least distance. They need to keep the parking in front in order to comply with the parking for the size of the building.
Mr. Bond asked how much green area was being allowed for in the front.
Mr. Martin stated there was no green space, per the approval of the Planning Board. The parking was to remain the same as it was for the Leghorn Restaurant. There is a total of 74 parking spaces. The County right of way up to the curb will be repaved.
Mr. Czuprynski questioned the applicant on drainage issues and Mr. Martin responded to the questions.
No comments were received 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
2007-080 Request of Carol Privitera for a variance for property located at
John Ianello,
Mrs. Price asked if there was a driveway.
Mr. Ianello stated the driveway was located in front of the house, to the left side. The house is set on an angle and the applicant would like to expand the kitchen.
Mr. Dunn asked if it would be possible to move the addition back a foot.
WEST SENECA TOWN OFFICES WEST SENECA ZONING BOARD
West Seneca , NY 14224 September 26, 2007
Page seven . . .
Mr. Ianello stated this would interfer with the addition plans and make the proposed kitchen smaller. Only the back corner is infringing on the setback.
Mr. Bond noted the request was more for aesthetic purposes and it would be possible to move it 1 ft farther south.
Mr. Ianello agreed that it could be moved, but the applicant preferred it in this location for aesthetic reasons.
No comments were received from the public.
Motion by Mrs. Rosenswie, seconded by Mrs. Price, to close the public hearing and grant a variance for property located at
Ayes: All Noes: None Motion carried
2007-070 Request of Marie T. Betti for a determination whether the proposed use for property located at 475 East & West Road as a Credit Union Office is allowed by present zoning.
Mr. Bond stated it is the opinion of the Code Enforcement Officer that the proposed credit union office is not allowed in an R60-A and would require a C-1 zoning.
Morris Horwitz, Esq., attorney for applicant, stated the question raised is what is the interpretation of an administrative office as opposed to a credit union office and what is the benefit to the town, given that the credit union has proven itself to be a good corporate citizen.
Mr. Bond stated the zoning ordinance refers to “other administrative, professional or executive offices” as permitted uses in R60-A zoning and the code enforcement officer has made the determination that a credit union does not come within those categories. If it was merely used to clear checks without people coming in and out, that would place it in the category of an administrative office.
Mr. Horwitz stated the applicant’s operation is similar to a professional office of an attorney, dentist or physician where the potential for traffic flow would be limited in that it is not open on weekends.
WEST SENECA TOWN OFFICES WEST SENECA ZONING BOARD
West Seneca , NY 14224 September 26, 2007
Page eight . . .
Mr. Bond stated that is more of an argument for rezoning to C-1, that it would be more beneficial the town than what is there now.
Mr. Horwitz stated the applicant has two options. The appliant can argue that it is a permitted use and let the Zoning Board decide if it a permitted use. Plan approval must still be received from the building inspector and there be parking and setback issues, even if appoved. If the Zoning Board feels it is not a permitted use, then it will be necessary for the applicant to apply for a rezoning, with the same issues remaining and variances would be necessary for a smaller lot than the town requires, plus anything on the building plans that do not meet code.
Mr. Bond stated the code specifically states that drive-in banks are required to have C-1 zoning. The Zoning Board does not have the authority to change zoning.
No comments were received from the public.
Motion by Mr. Bond, seconded by Mr. Dunn, to close the public hearing and uphold the determination of the code enforcement officer that the requested use as a credit union is not permitted in the present zoning for property located at 475 East & West Road.
Ayes: All Noes: None Motion carried
2007-081 Request of Michael Hughes for a variance for property located at
Mr. Bond noted that Mr. Hughes is a member of the Zoning Board of Appeals and will abstain from voting on this item.
Michael Hughes,
No comments were received from the public.
WEST SENECA TOWN OFFICES WEST SENECA ZONING BOARD
West Seneca , NY 14224 September 26, 2007
Page nine . . .
Motion by Mr. Bond, seconded by Mrs. Rosenswie, to close the public hearing and grant a variance for property located at
Ayes: Four (4) Mr. Bond, Mrs. Rosenswie, Mr. Dunn, Mrs. Price
Abstaining: One (1) Mr. Hughes
ADJOURNMENT:
Motion by Mr. Hughes, 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