Zoning Board of Appeals Minutes
WEST SENECA TOWN OFFICES WEST SENECA ZONING BOARD
West Seneca , NY 14224 October 24, 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
OPENING OF PUBLIC HEARING
Motion by Mrs. Price, seconded by Mrs. Rosenswie, to open the Public Hearing.
Ayes: All Noes: None Motion Carried
APPROVAL OF PROOFS OF PUBLICATION
Motion by Mr. Dunn, seconded by Mr. Hughes, 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 #2007-08 of
Ayes: All Noes: None Motion Carried
Mr. Bond noted that the following items have been withdrawn by the applicants:
WEST SENECA TOWN OFFICES WEST SENECA ZONING BOARD
West Seneca , NY 14224 October 24, 2007
Page two . . .
2007-085 Request of Canisius High School for a variance for property located at
2007-087 Request of National Grid for a variance for property located at
TABLED ITEM:
2007-078 Request of Russell Gaglia for a variance for property located at
Motion by Mrs. Price, seconded by Mr. Dunn, to remove this item from the table.
Ayes: All Noes: None Motion carried
Russell Gaglia,
Mr. Bond noted that he did not see any other homes in the immediate area with covered porches.
Mr. Gaglia disagreed, stating there were at least three covered porches on the street. He submitted letters of no objection from residents at
Mr. Hughes asked if the porch would be screened in.
Mr. Gaglia stated it would only be covered, not screened in.
Mr. Bond asked if the porch would be used as an area to sit out in front of the house.
WEST SENECA TOWN OFFICES WEST SENECA ZONING BOARD
West Seneca , NY 14224 October 24, 2007
Page three . . .
Mr. Gaglia stated that was correct.
Mr. Dunn stated he was was having difficulty in finding a hardship on the part of applicant and noted that variances are usually given in situations where the applicant suffers from a hardship due to the existing condition or his situation is not equal with the neighbors.
Mr. Gaglia stated there were at least three covered porches on the street, similar to his proposed porch. One is only two doors away, and another across the street.
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: Three (3) Mr. Hughes, Mrs. Rosenswie, Mrs. Price
Noes: Two (2) Mr. Bond, Mr. Dunn
Mr. Hughes noted that this item was tabled from last month for the applicant to provide letters from the adjoining neighbors and applicant complied with that request. Motion carried
2007-082 Request of Kenneth Kelchun for a variance for property located at
Kenneth Kelchun,
Mrs. Rosenswie asked if there was any other place for applicant to park his vehicle.
WEST SENECA TOWN OFFICES WEST SENECA ZONING BOARD
West Seneca , NY 14224 October 24, 2007
Page four . . .
Mr. Kelchun stated this is a diesel truck and there is no other place to park it.
Mr. Bond stated he understood the applicant’s situation but this situation in not unique in that there have been number of requests to this Board in the past with the same problem. If the requested variance was granted, the Board would be inundated with similar requests from residents in similar situations.
Mr. Kelchun responded that there are three other one-ton vehicles parked on
Mr. Dunn stated the issue with a diesel vehicle is the noise when the vehicle is started up early in the morning. This can be disconcerting to the neighbors. People may not understand that when initially buying a house, but come to understand the problem once they move in.
Mr. Kelchun stated he understood this, but one of the people in the complaining house leaves before he does in the morning and the other person leaves shortly after he does.
Mr. Bond agreed, noting he has a similar situation where he lives and can understand how disruptive a diesel truck can be in term of noise. He asked if the applicant was cited and fined.
Mr. Kelchum stated he was cited but not fined. The judge stated he was not allowed to park in the driveway until the issue was resolved by this Board and he has abided by that ruling.
Deputy Attorney Notaro stated this matter has been adjudiated. The judge imposed a fine schedule if the vehicle was parked in the driveway without the benefit of a variance. Mr. Kelchum, to his knowledge, has not violated the court order, but will become an issue once the no parking ban is in effect. He also noted that there have been a few select cases in the past involving a vehicle of this type that was permitted to park on the applicant’s property when
WEST SENECA TOWN OFFICES WEST SENECA ZONING BOARD
West Seneca , NY 14224 October 24, 2007
Page five . . .
the vehicle was being used solely as the main breadwinner’s vehicle and no business was being operated out of the home.
Tom Locher,
Mr. Bond referred to the one photograph submitted showing three vehicles in the driveway.
Mr. Locher stated one of the vehicles has no plates on it and is unregistered. He is the closest neighbor to applicant, on the driveway side. In the past, the applicant has parked his oversized truck in the driveway which is in a residential neighborhood and adversely affects the neighborshood. When the vehicle is backed into the driveway, the exhaust pipe of the truck faces their bedroom or living room window, depending on how far back in the applicant pulls the truck. The vehicle has a diesel engine and emits a cloud of smoke and soot when started and which can be smelled in their bedroom and living room. It also irritates the breathing of his wife who has asthma and leaves a terrible odor in the house. The air conditioner was moved from the side of the house to the back due to the fumes it brought in from the truck. He also felt the applicant was in violation of Judge McCabe order by continuing to park the vehicle in the driveway. The applicant moved the vehicle to the front of the house after the town began threatening to fine him. When the applicant parks his vehicle on the street it blocks the view of oncoming traffic and pushes two lanes of traffic into one lane. This issue has been going on for over a year.
Mr. Bond asked who owned the three vehicles being parked on the property.
Mr. Kelchum stated one vehicle is owned by his daughter, he owns the truck, and his wife owns one vehicle.
Mr. Bond stated trucks of this type block traffic when parked on the street and may be banned in the future from parking on the street.
WEST SENECA TOWN OFFICES WEST SENECA ZONING BOARD
West Seneca , NY 14224 October 24, 2007
Page six . . .
Mr. Kelchum stated that is the reason the truck was moved to the front yard rather than being parked on the street, because buses could not pass through and students leaving the school often come down the street in their vehicles two abreast.
Mr. Hughes asked where the applicant’s employer was located.
Mr. Kelchum responded that the office is located on
Mr. Hughes asked where applicant parks his vehicle during the day when working.
Mr. Kelchum responded that he goes directly to the job site. He faxes his time card to the office and never physically visits the place. This is a non union labor force and they only hire skilled trades. His vehicle stores equipment valued at $40,000 and he does not want to leave it unattended.
Mr. Bond stated there are places which charge a fee to park a verhicle and the applicant may have to employ that option.
Motion by Mr. Dunn, seconded by Mr. Bond, to close the public hearing and deny the request for a variance for property located at
On the question, Mr. Bond stated there are two types of variances, an area variance and a use variance. A use variance allows the use of a property not in conformity with the ordinance. The standard for a use variance is much higher than for an area variance. The applicant must demonstrate a hardship by unique circumstances that are not due to the general condition of the neighborhood and that the use is not compatible with the general area. It was his opinion that the applicant has not demonstrated a hardship due to unique circumstances in the neighborhood and the requested use is not compatible with the surrounding residential area.
WEST SENECA TOWN OFFICES WEST SENECA ZONING BOARD
West Seneca , NY 14224 October 24, 2007
Page seven . . .
Mr. Dunn also noted it is not reasonable to have a person’s truck blowing smoke into a neighbor’s house and due to the length of time this situation has existed, applicant has had ample opportunity to make other accommodations.
Ayes: All Noes: None Motion carried
2007-083 Request of Seneca Steel for a variance for property located at
Mr. Bond noted the absence of applicant.
Motion by Mr. Dunn, seconded by Mr. Hughes, to table this item until the November/December meeting.
Ayes: All Noes: None Motion carried
2007-084 Request of Thomas M. Doster for a variance for property located at
Thomas Doster,
Mr. Bond noted that the issue is the distance between the two structures. The required separation of 10 ft distance is for fire equipment to be able to get in between structures in the event of a fire.
Mr. Doster stated that he had a home inspection done at the time he purchased the property but was never informed of any code violation. At this point, he would like to leave the pool where it is.
WEST SENECA TOWN OFFICES WEST SENECA ZONING BOARD
West Seneca , NY 14224 October 24, 2007
Page eight . . .
Mr. Bond noted the concern of the Zoning Board in the safety of children when a pool is attached to a deck. He noted that the applicant’s application indicates a sliding gate is intact and a pool alarm has been purchased.
Mr. Doster stated he was aware of the safety issue and with the latch, his 3 year old son would not be able to get past the gate.
Mr. Dunn stated that was good as long as the applicant remembered to hook it. The concern usually is that the gate automatically close when someone isn’t there so that a child could not end up in the pool if no one was watching. He asked if the gate could be reconfigured to swing and automatically latch.
Mr. Doster felt that was possible with an adjustment.
No comment was received from the public.
Motion by Mr. Bond, seconded by Mr. Hughes, to close the public hearing and grant a variance for property located at
Ayes: All Noes: None Motion carried
2007-086 Request of Michael Albarella for a variance for property located at
Michael Albarella,
Mr. Hughes inquired about the purpose of the storage barn.
Mr. Albarella responded it was for storage of an antique car and a concession stand.
WEST SENECA TOWN OFFICES WEST SENECA ZONING BOARD
West Seneca , NY 14224 October 24, 2007
Page nine . . .
Mr. Bond asked if the applicant planned on having the barn even with the existing frame garage.
Mr. Albarella stated that was correct.
Mr. Bond asked if it was possible for applicant to move it another five feet.
Mr. Albarella said he wouldn’t have enough room to turn around.
Mr. Dunn asked if applicant was running a business out of the barn.
Mr. Albarella stated he operated a concession business in the summer time and needed the barn to store the stand in the winter time. He would not be running a business from the barn. Letters of no objection were submitted from neighbors.
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
On the question, Mr. Dunn noted his preference for applicant to have the ability to turn around on his own blacktop rather than in the street.
Mr. Bond noted applicant’s practical difficulty in that applicant would have to reconfigure his driveway.
Ayes: All Noes: None Motion carried
2007-088 Request of Inland Seas Gourmet Foods, Inc. for a variance for property located at
WEST SENECA TOWN OFFICES WEST SENECA ZONING BOARD
West Seneca , NY 14224 October 24, 2007
Page ten . . .
Lindsay Ruhland, President,
Mr. Bond referred to the application which stated “building inspector is refusing use due to smoke and odor beyond property line” and asked whether the applicant is questioning his interpretation or requesting a variance.
Mr. Ruhland stated it was their opinion he was wrong. They have already approached Al Carlucci from District No. 6 in
Mr. Czuprynski asked the applicant if an odor emits from the building, other than a smell out in the road.
Mr. Ruhland stated the smell would be similar to the restaurant on the corner.
Mr. Czuprynski stated the odor is then emanating past the property line and a variance is required. To some people, the odor may be offensive and that will be the problem he will have to face in the future due to complaints from the neighborhood.
Mr. Donohue state it will smell like hickory wood.
Mr. Bond asked if a building permit could be issued and if there is a smell beyond the property line, then refuse to issue a certificate of occupancy.
WEST SENECA TOWN OFFICES WEST SENECA ZONING BOARD
West Seneca , NY 14224 October 24, 2007
Page eleven . . .
Mr. Czuprynski stated the applicants will be investing an amount of money in the building and they will want to run the business for a number of years without a problem.
Mr. Bond stated the problem he sees with the request is that a variance is being asked for in the abstract before it is known what will happen. It is unknown at this point whether the odor will emit 5 feet over the property line or all over the neighborhood. It may be a noxious odor or may not be noxious.
Mr. Hughes asked if this situation is similar to a bar regulated by the noice ordinance and a complaint is made when the music becomes too loud.
Mr. Notaro stated he has a client unrelated to these gentlemen who operates a smoker larger than what is being discussed here and the odor is negligible at best. The applicant is also located in the Industrial Park where there is a waste management company with garbage trucks, there is a number of industrial buildings that repair tractor-trailers, and a potential asphalt plant. The area is an industrial setting and meant for this type of business with these type of functions. It would be unfair to applicants to have them build a structure and then hope that someone doesn’t complaint about the odor of hickory wood.
Mr. Ruhland stated this is an existing building does not have a floor and is food capable. They are looking to lease 5000 sq ft of the building. They must deal with the Food and Drug Administration, a Rabbi and the State, and this is a very clean operation. The product comes in from
No comments were received from the public.
WEST SENECA TOWN OFFICES WEST SENECA ZONING BOARD
West Seneca , NY 14224 October 24, 2007
Page twelve . . .
Motion by Mrs. Rosenswie, seconded by Mr. Bond, to close the public hearing and grant a variance for property located at
Ayes: All Noes: None Motion carried
ADJOURNMENT:
Motion by Mr. Dunn, seconded by Mrs. Price, to close the public hearing and adjourn the meeting (8:05 pm).
Respectfully submitted,
Patricia C. DePasquale, RMC/CMC
Secretary