May 28th Zoning Board Minutes
WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
1250 Union Road Minutes #2014-05
West Seneca, NY 14224 May 28, 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 Evelyn Hicks and 30 seconds of silent prayer.
ROLL CALL: Present - Tim Elling, Chairman
Michael P. Harmon
Evelyn Hicks
Sandra Giese Rosenswie
Jeff Baksa – Building and Plumbing
Matt Palmieri, Town Attorney
Absent - Michael P. Hughes
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 Mike Harmon, seconded by Sandra Giese Rosenswie, to open the public hearing.
Ayes: All Noes: None Motion Carried
APPROVAL OF PROOFS OF PUBLICATION
Ayes: All Noes: None Motion Carried
APPROVAL OF MINUTES
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Ayes: All Noes: None Motion Carried
WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
1250 Union Road Minutes #2014-05
West Seneca, NY 14224 May 28, 2014
OLD BUSINESS
2013-019
Request of David Shearer for a renewal of a variance for property located at 1800 Union Road to allow the facility to play live music (not permitted without variance approval)
No comments from the public were made.
to allow the facility to play live music with the stipulation that Mr. Shearer returns in one year to renew this variance.
Ayes: All Noes: None 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 and accessory structure without having a principal structure (Accessory structure require a principal building)
Mr. Carstens must return in one year to renew this variance.
No comments from the public were made.
1069 East and West Road to allow an
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West Seneca, NY 14224 May 28, 2014
accessory structure without having a principal structure, noting Mr. Carstens must return in one year to renew this variance.
Ayes: All Noes: None Motion Carried
2013-067
Request of Thomas Greiner for a 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 brought letters of support from Scott Machowski who resides at 859 Mineral Springs and a letter from Matt Kandefer who resides at 873 Mineral Springs. Jeff Baksa stated that he drove by recently and the structure was closed up which is in compliance with Town Code. Harmon questioned when Mr. Greiner is going to put up a more permanent structure, Greiner stated he would do so as soon as the funds become available, hopefully within the next year. Greiner stated that the portable structure has been up for years. Elling stated that eventually the temporary structure is going to come to an end. Mr. Greiner was given a 1 year extension for this variance.
No comments from the public were made.
306 Knox Avenue, noting that Mr. Greiner must appear before the board in one (1) year to renew this variance.
Ayes: All Noes: None Motion Carried
2013-043
Request of Chris Candino for a renewal of a variance for property located at 2732 Transit Road to construct a 72 sf per side ground sign.
Mr. Candino contacted the Building and Plumbing Department, asking that he be excused from this meeting due to a scheduling conflict. The Zoning Board members tabled this item
WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
1250 Union Road Minutes #2014-05
West Seneca, NY 14224 May 28, 2014
and Mr. Candino will appear before the Zoning Board of Appeals at its JUNE 18, 2014 meeting.
No comments from the public were made.
Mike Harmon, to close the public hearing and table the variance for property located at 2732 Transit Road until the June 18, 2014 Zoning Board meeting.
Ayes: All Noes: None Motion Carried
NEW BUSINESS
2014-013
Request of Alan Overhoff for a variance for property located at 44 Deer Path, to allow an accessory structure in side yard (permitted in rear yard only).
Overhoff brought letters of support from his neighbors John Reagan who resides at 22 Deer Path and Kevin Bartosz who resides at 48 Deer Path stating that they have no problem with the in ground pool being installed.
No comments from the public were made.
Ayes: All Noes: None Motion Carried
WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
1250 Union Road Minutes #2014-05
West Seneca, NY 14224 May 28, 2014
2014-014
Request of Micah Milewski for a variance for property located at 4620 Clinton Street to allow a 24’ high accessory structure (12’ permitted)
No comments from the public were made.
4620 Clinton Street to allow a 24’ high accessory structure.
Ayes: All Noes: None Motion Carried
2014-015
Request of Daniel and Heather Pappa for a variance for property located at 644 Cindy Lane to allow a 15’ projection off the Northeast corner of the house (Town Zoning Ordinance 120-39B)
Mr. Pappa stated that they currently have a black chain link fence in their backyard that is 4’ high and they would like to extend it to 2’ off the side walk. The Pappa’s are planning on using the same type of fencing that they currently have. Mr. Pappa said that originally they wanted a 15’ projection but later realized that they would like a 23’ projection, still staying 2’ from the sidewalk. Elling clarified and said that they would like to go 23’ north of the corner of their house towards their sidewalk and leave 2’ off the sidewalk. Baksa stated that originally the Pappas plan was to have a fence 4’ from the sidewalk but now they would like it to be only 2’ from the sidewalk. Harmon pointed out that Mr. & Mrs.
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1250 Union Road Minutes #2014-05
West Seneca, NY 14224 May 28, 2014
Pappas have a trellis on their neighbors property, Mr. Pappas stated that it was there when they bought the house and if it needs to be taken down in the future they would have no problem taking it down. Mr. & Mrs. Pappa brought letters of support from their neighbors Kenneth of 638 Cindy Lane, Karen Majkowski of 650 Cindy Lane, Megan & Dan Kaputa of 657 Cindy Lane and Ian McLennan of 633 Cindy Lane. Hicks asked about Jacks Lane and whether or not there is going to be development on it, to which Baksa stated that as of this point there are not any plans. Jeff Baksa stated that granting this variance should not have any effect on future development.
No comments from the public were made.
at 644 Cindy Lane to allow a 23’ projection off the Northeast corner of the house and installing the fence 2’ in from the sidewalk.
Ayes: All Noes: None Motion Carried
2014-016
Request of Steven and Cynthia Millsrand for a variance for property located at 4 Osgood Avenue, to allow a covered roof over existing front porch (roof requested; no roof allowed)
Mr. Millsrand stated that they are having their house sided and would like to have a roof put over their front porch. The Millsrand’s brought letters of support from Thomas Wisniewski of 5 Osgood Avenue, James of 918 Center Road, Kyle Byrns of 922 Center Road, Robert Pollinger of 912 Center Road, Patricia Shultz of 2 Osgood Avenue, and Charlie Klaus of 25 Osgood Avenue. Harmon asked what the required setback from the road is and Baksa stated that its 30’ and as long as the required setback is met then the actual porch without a roof can come 25% into the setback.
No comments from the public were made.
at 4 Osgood Avenue, to allow a covered roof over existing front porch
Ayes: All Noes: None Motion Carried
WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
1250 Union Road Minutes #2014-05
West Seneca, NY 14224 May 28, 2014
2014-017
Request of Andrew Godfrey for a variance for property located at 2720 Seneca Street to allow a patio. (120-20 A1 require within an enclosed building, requesting outdoor seating)
Mr. Godfrey stated that this property is a bar and restaurant and they would like to fence in two of their parking spots to put a few portable tables and chairs outside so patrons can enjoy the weather. Hicks asked Jeff Baksa if with the reduction of two parking spots would they still meet the parking requirement by the Town Code, Baksa stated that they would still meet the requirement. Mr. Godfrey brought letters of support from Andrew Pawlek of 3566 Borden Road (owner of 2720 Seneca Street), Edward Rautenstrauch of 2718 Seneca Street, and Crystal of 2724 Seneca Street. Evelyn Hicks asked about installing cement dividers as a safety precaution and Baksa stated that would be finalized during the permit process.
No comments from the public were made.
2720 Seneca Street to allow a patio.
Ayes: All Noes: None Motion Carried
2014-018
Request of Jack Macey and Scott Draves for a variance for property located at 1325 Orchard Park Road, to erect an electronic sign on property (Electronic Sign Ordinance)
Mr. Macey stated that they meet all of the requirements of the Electronic Sign Ordinance except for one, being within 500’ of a residence. Mr. Macey and Mr. Draves brought a letter of support from Michael Khoury who resides at 2 Sunset Creek Drive. Elling stated that he a had a letter from Chief Dan Denz stating that he is “concerned that placing such a sign in that location lends itself to a potentially significant distraction for motorists who travel within the school zone”. The letter from Chief Denz also stated he believes a traditional lighted sign would be a “more appropriate option”. Harmon asked Mr. Macey and Mr. Draves if there is any alternative to their request that can be worked on based on the concerns presented in the letter from Chief Denz. Elling stated that the potential sign would be in the crossing zone and that LED signs at other schools and locations around the Town are set back much farther than this sign would be. Mr. Macey stated that he and Mr. Draves would set up a meeting with Chief Denz to see if they could reach an agreement about this sign. Baksa made the point that for the digital sign a variance is required but any other sign
WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
1250 Union Road Minutes #2014-05
West Seneca, NY 14224 May 28, 2014
within the conformity of size limits permitted for signs would not require a variance. Sandra Geise Rosenswie stated that should Mr. Macey and Mr. Draves decide they do not want to/are unable to have an electronic LED sign, they be reimbursed for their application costs.
No comments from the public were made.
1325 Orchard Park Road, to erect an electronic sign on property. Mr. Macey and Mr. Draves will appear at the June 18, 2014 meeting, should they decide they still want to erect a digital LED sign.
Ayes: All Noes: None Motion Carried
2014-019
Request of James Gatta, Jr. for a variance for property located at 42 Lillis Lane, to allow a fence higher than permitted in exterior side yard (4’ high fence past house, 10’ permitted; 6’ high fence past house, 16’ requested)
Mr. Gatta stated that when he bought the house there was a 4’ wooden stockade fence which was rotted so he replaced it with a 6’ privacy fence. Mr. Gatta stated he replaced it not knowing that he couldn’t have a 6’ fence without permission from the Town. Mr. Gatta brought letters of support from Daniel and Margaret of 27 Meadowdale. Mr. Gatta stated that the new 6’ fence has been up for about a month and a half.
Scott from 48 Lillis Lane brought a picture of what he sees on his side of the fence. Scott stated that his fence conforms to the Town’s ordinance and that his neighbor’s new fence is going to become a maintenance issue. It was agreed upon by the board members that only certain areas of the fence need a variance, specifically the Meadowdale Lane part of the fence. It was suggested that Mr. Gatta and Scott go in the hallway and discuss a solution that they could both agree on and they come back in after they reach an agreement.
Ayes: All Noes: None Motion Carried
2014-020
Request of Slade Potters LLC for a variance for property located at 162 Slade Avenue to construct a two-sided pylon sign (40 sf allowed per side, 97.4 sf requested)
WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
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West Seneca, NY 14224 May 28, 2014
David with Ellicott Development Company explained that this sign is being requested to accommodate the hotel that is there. David explained that in the near future they would be going to the Planning Board for another development adjacent to the Country Inn. They want a larger sign to accommodate the Country Inn and three additional tenants. Elling asked how low the sign would be to the ground, Baksa stated it would be approximately 10’
from the ground. Hicks asked where the sign would be in relation to the house and Dave said it would be 10’ back from the road, David said they looked at their survey and made sure the new sign would avoid the electric pole and the wire. The new sign would be in front of the Staybridge sign and that the two companies could not share the location of the Staybridge sign because of the company’s policies. Baksa stated that by them requesting the three tenant signs they are consolidating all of these signs into one sign as opposed to having several signs.
No comments from the public were made.
162 Slade Avenue to construct a two-sided pylon sign.
Ayes: All Noes: None Motion Carried
2014-019 Re Open
Motion by Mike Harmon, seconded by Evelyn Hicks to re-open 2014-019 request of James Gatta, Jr. for a variance for property located at 42 Lillis Lane, to allow a fence higher than permitted in exterior side yard (4’ high fence past house, 10’ permitted; 6’ high fence past house, 16’ requested)
Mr. Gatta stated that he and Scott came to the agreement that either Mr. Gatta or Scott would take down the part of Scotts fence that is being overlapped by Mr. Gattas fence. Harmon restated that the 6’ fence is staying up and Mr. Gatta is removing the piece of Scotts fence that is up against Mr. Gattas fence.
Motion by Harmon, seconded by Evelyn Hicks to close the public hearing and grant the variance for property located at 42 Lillis Lane, to allow a fence higher than permitted in exterior side yard, with the stipulation that the petitioner remove his neighbor’s fence that abuts his own fence within 30 days.
Ayes: All Noes: None Motion Carried
WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
1250 Union Road Minutes #2014-05
West Seneca, NY 14224 May 28, 2014
2014-021
Request of Jake Voelker for a variance for property located at 489 Center Road to project 4’ high fence into front yard (0’ projection allowed towards Evelyn, +/- 19’ projection requested)
Jennifer Voelker stated that they live on a corner lot and they would like to fence in some of their yard so that they can enjoy their property. Elling questioned where the fence would be going and Mrs. Voelker stated it would be going behind her flower garden. Elling asked how far back the fence would be from the road and the answer was about 15’, which would allow plenty of room for the utility lines. Nothing that the adjoining property is vacant, so the petitioner could not obtain a letter of support.
No comments from the public were made.
489 Center Road to project 4’ high fence into front yard
Ayes: All Noes: None Motion Carried
2014-022
Request of Bob Hill of Union Concrete for a variance for property located at 425 Meyer Road, to allow a 6’ fence in front and side yard (4’ permitted)
Mr. Hill explained that they would like to expand their fenced in area since the company is always growing. Hill stated that exhibit B is the drawing correctly showing that a driveway and parking area will be left between the building and the fence so that overflow parking from BNC can park there. Elling asked Jeff Baksa if there is a variance needed for the barbed wire on the top of the fence and Jeff stated that a variance is not needed for that.
Amy Carpenter residing at Woodward Crescent stated that she wish they could do something about screening along the 400.
Susan Kims of Covington Drive stated that she can see the property while driving on the 400 and she thinks it’s a mess.
Mr. Hill said that he is aware that it is ugly looking and they will get more trees planted to help it look more presentable. Hill stated that their fence is right back to the state right of way fence and that NYSEG also maintains some of the right of way back there. Mr. Hill stated
Ayes: All Noes: None Motion Carried
WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
1250 Union Road Minutes #2014-05
West Seneca, NY 14224 May 28, 2014
that the equipment stored there is used quite frequently and that it is all industrially zoned back there.
425 Meyer Road, to allow a 6’ fence in front and side yard2014-023
Request of Peter Regan for a variance for property located at 4260 Clinton Street to allow splitting a 125’ lot into two lots 65’ and 60’. (TOWS 120-29A; 65’ frontage required, 60 requested)
Charles Herrmann came to represent his son Peter who was unable to attend due to a scheduling conflict. Mr. Herrmann stated that his son Peter Regan would like to build a single home that is handicap and wheelchair accessible for his parents. Harmon stated that one lot is being reduced to 60’ from the required 65’ and that 5’ is a very small amount. Hicks asked if there would be two driveways, Jeff Baksa stated that it would be required that two driveways are put in because each property has to have its own access. There are letters of support from Carol Ann Kubicki who resides at 4270 Clinton Street and from Thomas Tworzydlo who resides at 4256 Clinton Street. Elling said he is concerned about the fill that was brought in at that property many years ago and what would happen if it settles. Jeff Baksa stated that the Town does not require core sampling and that it is not a Zoning Board matter.
No comments from the public were made.
4260 Clinton Street to allow splitting a 125’ lot into two lots 65’ and 60’.
Ayes: All Noes: None Motion Carried
2014-024
Request of Keith Lentsch for a variance for property located at 145 Barnsdale to erect an unattached garage higher than permitted (3’ side yard setback permitted, 1.5’ side yard requested; 12’ max height permitted, 14.75’ max height requested).
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West Seneca, NY 14224 May 28, 2014
Mr. Lentsch stated that he is unaware of the height variance and that his contractor was supposed to be at the meeting. Mr. Lentsch stated that the reason he is going higher with the garage is because he doesn’t have a basement in his house because the area is very wet. There will not be plumbing to the garage and the area upstairs will be used for storage, not as an apartment. Elling read a letter of support from Sally Brown, residing at 145 Barnsdale Avenue. Elling asked about a letter from Mr. Lentschs rear neighbors on Knox Avenue and Mr. Lentsch said he did not have one. Mr. Lentsch stated that he would be taking the old garage down which he believes his neighbors will be happy about. Chairman Elling stated that on the letter of support from his neighbor it states 3’ from the property line when in all actuality it’s going to be 1.5’ from the property line.
No comments from the public were made.
145 Barnsdale to erect an unattached garage higher than permitted until the June 18, 2014, so that Mr. Lentsch can get letters of support from his neighbors that correctly state the site plans.
2014-022
Request of James and Marie Turner for a variance for property located at 108 Steiner Avenue to allow a 6’ fence in side yard (4’ permitted)
Mr. Turner explained that the existing fence is a 6’ stockade fence along the entire rear of the property and along the south side of the property. They are going to have white vinyl fencing put in and would like to come up another 17’ along the side of the house to cover up the air conditioning unit. Mr. Turner stated that they have an above ground pool and they would like a 6’ high fence for privacy. Veronica Marinaccio of 98 Steiner Avenue signed the building application stating she understands and supports the Turners plans to install a 6’ fence.
No comments from the public were made.
108 Steiner Avenue to allow a 6’ fence in side yard.
Ayes: All Noes: None Motion: Carried
Tim Elling reminded the public that the June Zoning Board meeting will take place on the third Wednesday of the month, June 18, 2014.
WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
1250 Union Road Minutes #2014-05
West Seneca, NY 14224 May 28, 2014
ADJOURNMENT
Motion by Mike Harmon, seconded by Evelyn Hicks to adjourn the meeting at 8:30PM.
Ayes: All Noes: None Motion Carried