Zoning Board of Appeals Minutes
WEST SENECA TOWN OFFICES WEST SENECA ZONING BOARD
West Seneca , NY 14224 December 12, 2007
The regular meeting of the Zoning Board of Appeals of the Town of
ROLL CALL: Present - William Bond, Chairman
Daniel P. Dunn
Sandra Giese Rosenswie
Michael Hughes
Paul Notaro, Deputy Town Attorney
William Czuprynski, Code Enforcement Officer
Excused: Penny K. Price
OPENING OF PUBLIC HEARING
Motion by Mr. Dunn, seconded by Mr. Hughes, to open the Public Hearing.
Ayes: All Noes: None Motion Carried
APPROVAL OF PROOFS OF PUBLICATION
Motion by Mr. Hughes, seconded by Mr. Dunn, 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 #2007-09 of
Ayes: All Noes: None Motion Carried
TABLED ITEM:
WEST SENECA TOWN OFFICES WEST SENECA ZONING BOARD
West Seneca , NY 14224 December 12, 2007
Page two . . .
2007-083 Request of Seneca Steel for a variance for property located at
Mr. Bond noted this item had been tabled from last month due to the absence of applicant. The applicant is again absent at tonight’s meeting.
Motion by Mrs. Rosenswie, seconded by Mr. Hughes, to table this item generally.
Ayes: All Noes: None Motion carried
NEW BUSINESS:
2007-089 Request of George Semetkoskey for a variance for property located at 28 Tim Tam Terrace to erect 4 ft chain link vinyl fence 12 ft into front yard (fence not allowed in front yard).
George Semetkoskey, 28 Tim Tam Terrace, stated he has lived at his residence for 40 years. He experiences problems with an accumulation of snow across the driveway and is requesting a variance to erect a 4 ft chain link vinyl fence to help control the amount of snow. He submitted photos of the snow accumulation from the October 2006 storm. There is a 52 ft area between the two houses and 19 ½ ft between the two properties. The proposed fence would enhance the area and help control the snow.
Mr. Bond asked the applicant to detail in what manner this situation differs from any other similar type problem in town.
Mr. Semetkoskey referred to the prevailing wind in that particular area.
Mr. Bond noted that prevailing winds are common to many areas in the town and the snow would only then drop onto the neighbor’s property.
WEST SENECA TOWN OFFICES WEST SENECA ZONING BOARD
West Seneca , NY 14224 December 12, 2007
Page three . . .
2007-089 (Continued)
Mr. Semetkoskey stated that rather than blowing to the right or left as the wind currents come through, the snow would be deposited in a gentle manner and less difficult to remove.
Mr. Bond noted that granting a variance of this nature would only cause other residents with a similar situation to expect the same thing.
Mr. Semetkoskey referred to several similar fences on
Mr. Bond stated those fences may have been erected improperly and he will request the Code Enforcement Officer to look into the matter.
Mr. Dunn asked if anything has changed in the air currents affecting that area in the last 40 years that applicant has resided at that address.
Mr. Semetkoskey responded the situation has always been a problem but his age makes the condition worse. A letter from the adjoining resident stating no objection was presented.
Mr. Bond asked which side of the house that person lived on.
Mr. Semetkoskey stated the left hand side of the house.
Wendy Lipinczyk, 22 Tim Tam Terrace, stated she resides next door on the same side of the fence. The fence is approximately 8 inches from the sidewalk and the land is on an incline. She is concerned with the safety of children in the area who may get injured if their bike would hit this fence. She also submitted photos of the fence which she and her husband measured to be 54 inches in height and not vinyl but actually hand made.
Mr. Czuprynski asked applicant if he had received notification of a violation.
WEST SENECA TOWN OFFICES WEST SENECA ZONING BOARD
West Seneca , NY 14224 December 12, 2007
Page four . . .
2007-089 (Continued)
Mr. Semetkoskey stated he was informed of that when applying for a building permit. The fence is a chain link 4 ft vinyl fence, coated green. He disagreed that the fence was dangerous.
Motion by Mr. Dunn, seconded by Mr. Hughes, to close the public hearing and deny the request for a variance for property located at 28 Tim Tam Terrace to erect 4 ft chain link vinyl fence 12 ft into front yard.
On the question, Mr. Bond stated that the applicant has failed to demonstrate a unique situation that would present a practicial difficulty in complying with the ordinance and he further noted that the request would result in a substantial change in the character of the neighborhood.
Ayes: All Noes: None Motion carried
2007-090 Request of David Evanetski for a variance for property located at
Gary Saunder appeared on behalf of his father in law, the applicant David Evanetski, who is currently hospitalized. The house is 17 ft off the sidewalk with a 4 ft porch which brings the structure to 13 ft from the sidewalk. The applicant would like to enlarge the porch by 3 ft which will bring the porch 9 ft from the property line.
Mr. Dunn asked if the proposed addition to the porch would be replacing an existing porch in disrepair.
Mr. Sanders stated that was correct. The front sewer was redone a number of years ago and the porch has actually turned and is tipping in. Many of the porches on
Mr. Hughes asked the size of the current porch and the proposed porch.
WEST SENECA TOWN OFFICES WEST SENECA ZONING BOARD
West Seneca , NY 14224 December 12, 2007
Page five . . .
2007-090 (Continued)
Mr. Saunders stated the current porch is 4 ft 10 in and the proposed porch would be approximately 8 ft by 17 ft. A letter was submitted with the signatures of 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
2007-091 Request of Charles Deppeler for a variance for property located at
Chalres Deppeler,
Mr. Bond asked if the issue of the carport came up at the time the house was purchased.
Mr. Deppeler stated he was unaware of the issue with the carport until he received a letter from the Buildng Inspector. Both the realtor and his attorney stated they did not check on that type information.
WEST SENECA TOWN OFFICES WEST SENECA ZONING BOARD
West Seneca , NY 14224 December 12, 2007
Page six . . .
2007-091 (Continued)
Mr. Czuprynski stated the letter sent from his office was a form letter and usually meant that there was work being performed or the resident was doing something from the property that was not allowed under the ordinance.
Mr. Hughes asked if the applicant was operating a business from the premises.
Mr. Deppeler stated he was not doing any work on the carport. The survey clearly shows the carport to be present before he puchased the home.
Mr. Dunn noted there is always a safety concern with a building that close to the property line in the event emergency equpmernt needed to gain access to a neighbor’s house.
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
2007-092 Request of Bryan A. Young for a variance for property located at 1220 Southwestern Blvd to erect 6 ft fence (fence not allowed in front yard).
Ralph M. Lorigo, Esq., attorney for applicant,
WEST SENECA TOWN OFFICES WEST SENECA ZONING BOARD
West Seneca , NY 14224 December 12, 2007
Page seven . . .
2007-092 (Continued)
in the front setback. Mr. Lorigo indicated to Board members where the 6 ft fence is located on the plans and asked Mr. Czuprynski to confirm where the fence needed to be.
Mr. Czuprynski stated anything from the rear of the back building forward can be 4 ft in height. Anything in the required side yard must be limited to 4 ft and the side yard in this project extends all the way to the back building.
Mr. Lorigo stated that the applicant is also the owner of the adjacent property. The fence is aluminum. The Town Board requested the fence which is technically a violation.
Mr. Hughes questioned the value of the inventory stored at this location.
Mr. Lorigo stated there are 330 private storage units and he would have to estimate the value to be millions of dollars.
Mr. Notaro noted that there were issues of safety raised at both the Planning Board and Town Board meetings. This is no different than what is necessary at any of the other storage facilities in town. Actually this is a more attractive 6 ft fence than what is found at other facilities. There was a strong safety consideration on the part of both those boards.
No comments were 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
2007-093 Request of Dana & Pat Mercier for a variance for property located at
WEST SENECA TOWN OFFICES WEST SENECA ZONING BOARD
West Seneca , NY 14224 December 12, 2007
Page eight . . .
2007-093 (Continued)
Dana Mercier,
Mr. Bond referred to the application which stated the fence would match each neighbor’s existing fences and asked if it was applicant’s intention to simply extend what those neighbors have.
Mr. Dunn noted the neighbor’s pre-existing fences would be extended over to the applicant’s house and questioned whether the neighbor’s fence on the right side ended at the back of their house or continued on the side.
Mr. Mercier stated it continues past their side door and he would like to extend that fence to his house. Letters of no objection were submitted from adjoining neighbors.
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
2007-094 Request of Daryl Martin for a variance for property located at
Daryl Martin, Architech,
WEST SENECA TOWN OFFICES WEST SENECA ZONING BOARD
West Seneca , NY 14224 December 12, 2007
Page nine . . .
2007-094 (Continued)
letter of no objection was submitted from the owner of property at
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
2007-095 Request of Bogdan Ilianna Wisniewski for a variance for property located at
Bogdan Wisniewski,
Mr. Bond noted that because of the cost of demolition, the applicant cannot afford to construct the house at this time but would like to erect a barn instead for storage. Barns are classified as accessory buildings and it is difficult to have an accessory building without a main building. That is why the ordinance requires a principle building prior to erecting an accessory building.
Mr. Hughes asked why the applicant could not rent a building to store his items.
Mr. Wisniewski responded that sooner or later, he would be building the house.
WEST SENECA TOWN OFFICES WEST SENECA ZONING BOARD
West Seneca , NY 14224 December 12, 2007
Page ten . . .
2007-095 (Continued)
Mr. Dunn asked how long the applicant has owned the property.
Mr. Wisniewski responded that he has owned the property for a year.
Mr. Hughes asked the applicant if he had letter of support from the neighbors.
Mr. Wisniewski stated he was unaware he needed them. He did speak to the one neighbor who had no problem with the barn.
Mr. Dunn noted that the meeting notice requests the applicant to submit letters from the neighbors.
No comments were received from the public.
Motion by Mr. Bond, seconded by Mr. Hughes, to close the pubic hearing and deny the request of applicant for a variance for property located at
On the question, Mr. Dunn noted this is a main thoroughfare in
Mr. Bond failed to see the difficulty in complying with the ordinance. Further, this would cause a substantial change to a residential area. The barn is not a residence and if allowed to exist by itself would cause a detrimental effect on the neighbors’ property values.
Ayes: All Noes: None Motion carried
WEST SENECA TOWN OFFICES WEST SENECA ZONING BOARD
West Seneca , NY 14224 December 12, 2007
Page eleven . . .
2007-096 Request of Kathleen Whieldon for a variance for property located at
Kathleen Whieldon,
Mr. Notaro noted that the town has allowed this for group homes and another handicapped residence on
Mr. Bond asked the applicant how long her sister has resided at that residence.
Ms. Whieldon stated her sister Maureen Denecke has lived there all her life. Letters of no objection were submitted from neighbors at
Mr. Czuprynski requested the Board to put a time limit on the variance to cover the time in which Ms. Denecke resides at the premises.
Pat Dickman,
Mr. Bond explained that in the event the house was sold, the new owners must be advised that they cannot have the pad. This type parking pad has never been allowed other than in very unique circumstances such as what is presented tonight.
Motion by Mr. Bond, seconded by Mr. Hughes, to close the public hearing and grant a variance for property located at 188 Lyndale Court to allow existing parking area to remain in front yard setback as it now exists with no additions or deletions and restricted to the
WEST SENECA TOWN OFFICES WEST SENECA ZONING BOARD
West Seneca , NY 14224 December 12, 2007
Page twelve . . .
2007-096 (Continued)
time period in which Maureen Denecke occupies the residence, noting that in the event Ms. Deneck must leave the house and take residence in a nursing home or some other facility or residence, the pad must be removed.
Ayes: All Noes: None Motion carried
2007-097 Request of Richard P. Schunke for a variance for property located at
Richard P. Schunke,
Mr. Czuprynski noted that some of the variances previously granted are for particular signs. When there is a request for a new sign, it is no longer the same sign and he has instructed the applicants to come back to the Zoning Board.
Mr. Schunke noted the other current businesses with similar lit signs along the road and letters were presented from adjoining property owners, including the residence next door, the owner of the strip plaza and businesses that occupy that plaza.
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
Ayes: All Noes: None Motion carried
WEST SENECA TOWN OFFICES WEST SENECA ZONING BOARD
West Seneca , NY 14224 December 12, 2007
Page thirteen . . .
2007-098 Request of Richard P. Schunke for a variance for property located at
Richard P. Schunke,
Mr. Hughes asked if there was enough room for a wheelchair to access the building.
Mr. Schunke responded there was enough room. There will be a storm door on the front.
Mr. Dunn expressed concern on the closeness to the street.
Mr. Schunke stated that the yellow lines on the drawing reflect the parking barriers so it will come out to the parking lot. Previously it was a pizzeria and South of the Border. The proposed entrance will be to South of the Border. The pizzeria side farther down did have a similar structure, but it did not come straight out and the entrance was to the side.
Mr. Bond noted there was slightly less than 22 ft from the setback and the applicant is proposing to come out 8 ft and leaving 14 ft between the front and the setback.
Mr. Schunke presented a letter from the adjoining business. He was unable to obtain a letter from Kone King since they are closed for the season.
Mr. Hughes asked the applicant what he considered the winter months.
Mr. Schunke responded October through February, minimally.
WEST SENECA TOWN OFFICES WEST SENECA ZONING BOARD
West Seneca , NY 14224 December 12, 2007
Page fourteen . . .
2007-098 (Continued)
Mr. Bond suggested a six month period of time to ensure enough time to cover the inclement weather.
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
2007-099 Request of Daniel & Kristen Vivian for a variance for property located at
James Whitman, Architect,
Mr. Bond asked the need for Phase II to place the addition there rather than in the back.
Mr. Whitman stated the existing builidng was a residence where a day care center was operated. The back yard is completely fenced in and a perfect sized shape for placing playground equipment. There is a considerable large area to the extreme rear of the property which is heavily treed but is also on quite a slope. It would not be feasible to extend a playground into that rear section
WEST SENECA TOWN OFFICES WEST SENECA ZONING BOARD
West Seneca , NY 14224 December 12, 2007
Page fifteen . . .
2007-099 (Continued)
which is toward the soccer field. The applicants would like to maintain the size and shape of the current back yard and not place a 480 sq ft addition and a 500 sq ft addition into that space which would substantially limit the play area for the children. The applicants are in the process of having the property rezoned.
Mr. Bond questioned the effect on applicants if the rezoning was denied.
Mr. Whitman stated the applicants are in the process of purchasing the property and the sale scheduled in January is contingent on the rezoning.
Mr. Bond questioned whether the variance should have waited until the outcome of the rezoning was known.
Mr. Whiteman stated the applicants appeared before the Planning Board which made a recommendation to the Town Board for approval of the rezoning. Letters of no opposition were submitted from the residents on the left and right of the property.
Mr. Bond noted the uniqueness in the situation where the house sets at an angle to the street rather than being parallel to the street. If the property were at the same angle as the street, it would be 40 ft back.
Mr. Czuprynski noted that the side lot requirement in that area is 5 ft. It would be feasible to decrease the front and comply and still leave 5 ft on the side.
Mr. Whitman noted that the area needed for the day care center for the 16 ft x 30 ft addition to the building in Phase I is 480 sq ft with the bay and 450 sq ft is allowed.
Mr. Bond stated Phase I puts the applicants in violation by 3 ft. In Phase II if it was extended out 5 ft, then it could go back farther.
WEST SENECA TOWN OFFICES WEST SENECA ZONING BOARD
West Seneca , NY 14224 December 12, 2007
Page sixteen . . .
2007-099 (Continued)
Mr. Whitman stated they wanted to maintain the existing face of the building. It could be offset but for appearance sake and ease of construction in matching the roof line, this was preferred. The roof line could be offset.
Mr. Czupryski reviewed other options with Mr. Whitman and requirements under the code.
Mr. Whitman agreed that the future Phase II could be closer to the property line than what was originally planned.
Mr. Bond noted the application could be amended to allow a variance for what is shown as Phase I. If a problem arose in Phase II, the applicants could then return to the Zoning Board and the members could rehear any issues with Phase II.
No comments were received from the public.
Motion by Mr. Hughes, 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. Bond, seconded by Mr. Hughes, to close the public hearing and adjourn the meeting (8:35 PM).
Ayes: All Noes: None Motion carried
Respectfully submitted,
Patricia C. DePasquale, RMC/CMC
Secretary