Zoning Board Minutes April 23, 2014
WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
1250 Union Road Minutes #2014-04
West Seneca, NY 14224 April 23, 2014
The regular meeting of the Zoning Board of Appeals of the Town of West Seneca was called to order by Chairman Tim Elling at 7:00 P.M. followed by the Pledge of Allegiance led by board member Mike Harmon and 30 seconds of silent prayer.
ROLL CALL: Present - Tim Elling, Chairman
Michael P. Harmon
Evelyn Hicks
Michael P. Hughes
Sandra Geise Rosenswie
Jeff Baksa – Building and Plumbing
Matt Palmieri, Town Attorney
Absent - None
Chairman Elling read the Fire Prevention Code instructing the public where to exit in case of a fire or an emergency.
OPENING OF PUBLIC HEARING
Motion by Hughes, seconded by Hicks, to open the public hearing.
Ayes: All Noes: None Motion Carried
APPROVAL OF PROOFS OF PUBLICATION
Motion by Harmon, seconded by Hughes that proofs of publication and posting of legal notice be received and filed.
Ayes: All Noes: None Motion Carried
APPROVAL OF MINUTES
Hughes noted that there were some minor typographical errors that needed to be corrected before being published on the website.
Motion by Hughes, seconded by Hicks, to approve Minutes #2014-03 March 26, 2014.
Ayes: All Noes: None Motion Carried
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1250 Union Road Minutes #2014-04
West Seneca, NY 14224 April 23, 2014
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OLD BUSINESS
2012-057
Request of Patrick Sullivan for a renewal of a variance for property located at 3036 Seneca Street, to allow live music on weekdays (Sunday through Thursday) until 11:00 P.M., except for New Year’s Eve and Thanksgiving Eve when live music will be allowed until 1:30 A.M., and allow live music on Friday and Saturday nights until 1:30 A.M. Mike Hughes reminded the public that Mr. Sullivan initially appeared in 2012 for this variance, which was granted, noting that he would have to come back on a yearly basis to renew this variance. This is the second renewal of a variance at this specific location. Chairman Elling stated that he had a police report showing that the W.S.P.D. was called to this location seven (7) times for loud music. Elling stated that each time the police were called was during the hours of operation, no summonses were ever given. Chairman Elling stated that the police did speak with management each time they were called and that on a few occasions when the police were called they arrived to find that the music was not over the permitted decibel level. Code Enforcement Officer Jeff Baksa stated that he has received phone calls from neighbors referencing this property because the wind blows the sound towards them. Jeff stated that at times during the summer Mr. Sullivan puts speakers outside on the deck, Sullivan stated that he got rid of his old sound company and hired a new one, which hasn’t received any sound complaints. Elling asked whether or not the doors leading to outside are kept open to which Sullivan replied by saying that they are not and that this business is only open on the weekends so he does not have live music playing during the week. Sandra Geise Rosenswie questioned why Sullivan needs the variance for weekday hours if his business is only open on the weekends; Sullivan said that he is considering having live music during the week. Mike Hughes stated that the board is emphasizing that he be a good neighbor and that if the variance is granted, he maintains the decibel level and does not go outside of the hours of operation. Sandra questioned that if Sullivan doesn’t have music Sunday through Thursday does he really need the permit for those days or could he come back at a future time should he decide to have live music during the week. Mr. Sullivan stated that he would like to have the permit during the week also so that he can have it as an option, should he decide to have live music during the week. Elling stated that the last police report regarding this location was from December 27 2013, which is before Sullivan switched over to a new sound company.
There were no questions from the public.
Motion by Hughes, seconded by Harmon, to close the public hearing and grant a variance for property located at 3036 Seneca Street, for a one (1) year extension to allow live music on weekdays (Sunday through Thursday) until 11:00 P.M., except for New Year’s Eve and
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1250 Union Road Minutes #2014-04
West Seneca, NY 14224 April 23, 2014
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Thanksgiving Eve when live music will be allowed until 1:30 A.M., and allow live music on Friday and Saturday nights until 1:30 A.M.
Sandra Geise Rosenswie stated that she would like to amend the motion to exclude weekday variance. Elling stated that Thanksgiving Eve is a big holiday for live music and that falls on a week day. Geise Rosenswie withdrew her decision to amend the motion.
Ayes: Mike Hughes, Tim Elling, Mike Harmon, Evelyn Hicks
Noes: Sandra Geise Rosenswie
Motion Carried
2012-013
Request of Douglas Carstens for a renewal of a variance for property located at 1069 East and West Road to allow an accessory structure without having a principal structure(accessory structure require a principal building).
Carstens stated that his mail gets sent to a P.O. Box in Spring Brook but his legal residence is 55 Angle Road. Mike Hughes reminded everyone that this variance was requested and granted one (1) year ago, and that last year Mr. Carstens told the Board he was planning on building a house, Hughes asked for an update as to where his plans are regarding building the house. Carstens said that he still has plans to build a house on this property but the finances he needs are not available at this time. Carstens told the Board that he houses a riding lawn mower in the shed, along with gardening tools he uses in order to keep the lot cleaned up. Mr. Carstens also said that in his opinion since he took over the land, the visibility at the stop sign located at East & West and Angle road has improved immensely. Mike Harmon asked Carstens whether or not he has any plans in writing to build a house, to which he replied by saying that he does not have anything. Harmon stated that the house will not be built this year and Mr. Carstens agreed with that statement. Hughes questioned what Mr. Carstens uses the property for and he replied by saying he uses it for his own recreational use, including having fires in a fire pit every so often. Carstens told the Board that he does not have letters from his current neighbors because he was unaware that he needed them. Elling said that there was a miscommunication about the meeting and that Carstens appearance letter was sent to the wrong address. Jeff Baksa stated that there were no complaints about this property over the past year, adding that the property is well maintained. Hughes asked if time frame restrictions could be placed on this variance to ensure that Carstens has true intent to follow through with building the house. It was asked whether or not Carstens has fires on his property to which he replied by saying he does on occasion have fires in a closed/covered fire pit. Elling stated that this item would be tabled until next month so that Carstens can get letters of support from each of his neighbors.
WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
1250 Union Road Minutes #2014-04
West Seneca, NY 14224 April 23, 2014
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Motion by Elling, seconded by Geise Rosenswie, to close the public hearing and table this item until next month when Carstens will reappear before the Board with supporting letters from his neighbors (East & West Road and Angle Road).
Ayes: All Noes: None Motion Carried
2013-013
Request of Brian and Lisa Hirsch for a renewal of a variance for property located at 122 Tampa Drive, to allow chickens on property (chickens not permitted).
Mr. Hirsch stated that they appeared before the board a year earlier for a variance request to raise chickens on their property, which they were granted. Tim Elling had a police report showing that there had been zero (0) complaints for the year. Brian and Lisa stated that they have six (6) hens.
No comments from the public were made.
Motion by Geise Rosenswie, seconded by Hicks, to close the public hearing and grant the variance for property located at 122 Tampa Drive, noting they must return in one (1) year to renew the variance.
Ayes: All Noes: None Motion Carried
2013-067
Request of Thomas Greiner for the renewal of a variance for property located at 306 Knox Avenue, to allow a temporary structure in front yard (temporary structures as permitted by the Zoning Board)
Mr. Greiner stated that he has had the structure up for years and just learned last year that he needed a variance for it. Harmon questioned what he uses the structure for and Greiner said he uses it for storage and at the moment he has no intention of using it for anything different. Jeff Baksa stated that he drove by the house today and that the structure was closed and the flaps were down which is how it should be. Hicks asked whether or not there had been any complaints from neighbors about this structure, Jeff stated that there have not been complaints specifically in regards to this structure. Jeff also said that on previous inspections it was noted that there were a lot of items in this shed. Harmon asked if Jeff saw any problems with this variance being granted for one (1) year and not just six (6) months. Jeff suggested that the Board stick with six (6) months and extend it in the future depending on how it’s maintained. The board decided that this item would be
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1250 Union Road Minutes #2014-04
West Seneca, NY 14224 April 23, 2014
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tabled until next month so that Greiner can get writer consent from adjoining property owners.
Susan Kims from Covington Drive stated that the problem she has is that Mr. Greiner has a small front yard and that there isn’t much room. She was informed by the Board that the structure isn’t in the front yard.
Motion by Harmon, seconded by Geise Rosenswie, to close the public hearing and table the item until next month to give Greiner an opportunity to get written consent from adjoining property owners.
Ayes: All Noes: None Motion Carried
NEW BUSINESS
2014-010
Request of Natalie Burns for a variance for property located at 1 Carla Lane to erect fence into side yard setback (10’ past house with 4’ high fence permitted; 50’ past house with 4’ high requested).
Natalie said that they are installing a 4’ all black chain link fence. Mrs. Burns brought written consent from her neighbor Sharon Ehlers who resides at 3 Carla Lane. Mike Hughes stated that the applicant is on an odd shaped corner lot and has to go parallel to Angle Road with the fencing. Jeff said that the only issue he could see is how close the fence is coming out from the property line along Angle Road, Burns replied that the fence will be over 10’ off the road.
No comments were made from the public.
Motion by Hicks, seconded by Geise Rosenswie, to close the public hearing and grant a variance for property located at 1 Carla Lane to erect fence into side yard setback with the stipulation that the fence parallel to Angle Road be at least minimum 48” off the property line.
Ayes: All Noes: None Motion Carried
WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
1250 Union Road Minutes #2014-04
West Seneca, NY 14224 April 23, 2014
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2014-008
Request of Nathaniel Stobert for a variance for property located at 1 Corwin Drive to allow a 54” fence in required front yard and to project within 24” of the sidewalk.
Mr. Stobert explained that his property is a corner lot and they would like to construct a fence in order to maintain their back yard. Mr. Stobert explained that it is an aluminum fence; it was pointed out that the fence could be seen though. A letter of support was presented from his neighbor Matthew Hurley, located at 108 Chancellor. Mike Hughes clarified that Mr. Stobert is actually looking for two variances, he is over the height
and the projection allowance. Hicks pointed out that the fence would be 24” off of the sidewalk which was confirmed by Mr. Stobert.
No comments were made from the public.
Motion by Harmon, seconded by Geise Rosenswie, to close the public hearing and grant a variance for property located at 1 Corwin Drive to allow a 54” fence in required front yard and project within 24” of the sidewalk.
Ayes: All Noes: None Motion Carried
2014-009
Request of Sean and Kimberly Ptak for a variance for property located at 314 Fisher Road to allow a 6’ wood fence in front and side yards.
Mrs. Ptak explained that their house is also on a corner lot so they want to enclose their backyard, adding that it is going to be a wood fence. Mike Hughes asked Jeff about the drawing stating that on the Fisher Road side it doesn’t look like there is any setback and that it seems the fence goes right to the property line. Baksa stated that he is concerned about the 10’ easement for the West Seneca and Erie County sewer district. Baksa added that due to sewer repair going on all over the town he thinks that specific section of the fence would be short lived. Elling stated that he measured the property and from the pedestal to the sidewalk it is 10’. Hicks pointed out that there is an easement on the other side of their lot for drainage and she questioned if it would become a maintenance issue, Jeff stated that as long as nothing is done to change the grading of it then there should be no issues. Chairman Elling said that his concern is pulling out from Mosside Loop onto Fisher Road and whether or not the fence would obstruct vision. Baksa stated that if there is 10’ from where the telephone pole is to the sidewalk then there should not be any obstruction of view. Tim questioned how much of a setback off the sidewalk the Ptaks were requesting, Kim said they would like to go as far towards the sidewalk as allowed. It was
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1250 Union Road Minutes #2014-04
West Seneca, NY 14224 April 23, 2014
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also pointed out that the neighbors would have a whole car length past the fence of view, which is reasonable as per Jeff Baksa. Written consent from adjoining property owners were submitted from 2 Mosside Loop David and LoriBeth Cavagnaro and 306 Fisher Tom and Ashley Knoop.
No comments from the public were made.
Motion by Harmon, seconded by Hughes, to close the public hearing and grant a variance for property located at 314 Fisher Road to allow a 6’ wood fence in front and side yards, with the stipulation that the fence cannot exceed more than 31’ from either end of the garage.
Ayes: All Noes: None Motion Carried
2014-011
Request of Thomas and Lauren Meredith for a variance for property located at 111 Chancellor Lane to allow a 6’ fence in front and side yard.
Mr. Meredith stated that they live on a corner lot and would like to erect a fence, it being either wood or vinyl. Elling asked Jeff Baksa whether or not there were any concerns about the easement and Jeff said there were not any concerns. Thomas stated that they would be putting in either one or two gates, one definitely being on the Alexander Road side. Mr. Meredith presented a letter of support from his neighbor, Mike Crew, who resides at 115 Chancellor Lane. Jeff reminded everyone that on that side of the property line the fence is going to be 25’ off of the property line and 30’ off of the roadside.
No comments from the public were made.
Motion by Harmon, seconded by Geise Rosenswie, to close the public hearing and grant a variance for property located at 111 Chancellor Lane to allow a 6’ fence in front and side yard.
Ayes: All Noes: None Motion Carried
2014-012
Request of Todd Kempke for a variance for property located at 80 Louis Avenue to allow an accessory structure with a height greater than 12’ (16’ requested, 12’ permitted).
WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
1250 Union Road Minutes #2014-04
West Seneca, NY 14224 April 23, 2014
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Mr. Kempke stated that his plans are adding an addition to his garage in order to fit his other vehicles. Harmon questioned if the garage is being used for personal storage and Kempke confirmed that statement. Harmon also asked if the garage is going to be 16’ to the ridge and Todd said yes it would be 16’ to the ridge and that there is going to be a flat roof.
Evelyn Hicks asked if Todd is going to extend his driveway or add concrete, Kempke said that he would not be changing anything in regards to his driveway. Harmon questioned if the garage is going to have a second story and Kempke said it would not have a second story but there might be a loft used for storage. Hicks stated that Todd’s garage door is going to be at an angle, Kempke stated that there is an angle because his driveway is very narrow so the angle helps when pulling into the garage. Jeff Baksa stated that there are no fire concerns because the addition is being added to the garage and not to the house. Baksa stated that he did calculations on how much square footage his rear yard is and what is the legal requirement to leave without anything on it and that Kempke is at the bare minimum with what these plans show, which is okay. Baksa reminded Kempke that he would not be able to put any more accessory structures in his backyard, which Kempke agreed with. Kempke told the Board that the addition would be six to eight feet from his chain link fence. Kempke stated that when he does the digging for the foundation he is going to install drain tile to move the water towards the street and not on the neighbor’s property. Jeff informed Mr. Kempke to check with the Engineering department on the grading to see if directing the water to the school yard would create an issue. Jeff stated that in order to contain water to Mr. Kempke’s own lot he should consider directing the water to the storm drain that is in the front of the house. Baksa stated that the ordinance says the removal of all ground water cannot be dispersed within three feet of the property line and it cannot cause a public nuisance. Elling stated that for the record the people residing at following addresses signed the petition stating that they are in favor of Mr. Kempke’s plan: 76 Louis Ave 70 Louis Ave, 89 Louis Ave, 90 Louis Ave, 95 Louis Ave, 99 Louis Ave, 109 Louis Ave, 45 Louis Ave, 37 Louis Ave, and 59 Louis Ave. Hicks reminded Kempke that he cannot have any of his storm water go onto neighbors property.
No comments from the public were made.
Motion by Harmon, seconded by Geise Rosenswie, to close the public hearing and grant a variance for height with the stipulations that were stated by the building inspector in regard to the drainage and that the storm water management has to be addressed as stated by Hicks and also for the height restriction for property located at 80 Louis Avenue to allow an accessory structure with a height greater than 12’ (16’ requested, 12’ permitted).
Ayes: All Noes: None Motion Carried
ADJOURNMENT
Motion by Geise Rosenswie, seconded by Harmon to adjourn the meeting at 8:19PM
Ayes: All Noes: None Motion Carried
Respectfully Submitted,
Marleah Martinez
Zoning Board Secretary