Zoning Board Minutes August 27, 2014
WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
1250 Union Road Minutes #2014-08
West Seneca, NY 14224 August 27, 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
Michael P. Hughes
Sandra Giese Rosenswie
Jeff Schieber – Building and Plumbing
Brad - 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 Mike Hughes, seconded by Evelyn Hicks, to open the public hearing.
Ayes: All Noes: None Motion Carried
APPROVAL OF PROOFS OF PUBLICATION
Motion by Mike Harmon, seconded by Sandra Giese Rosenswie that proofs of publication and posting of legal notice be received and filed.
Ayes: All Noes: None Motion Carried
APPROVAL OF MINUTES
Motion by Mike Hughes, seconded by Mike Harmon, to approve Minutes #2014-7 of July 23, 2014.
Ayes: All Noes: None Motion Carried
WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
1250 Union Road Minutes #2014-08
West Seneca, NY 14224 August 27, 2014
Page 2
OLD BUSINESS
2013-073
Request of Helen Chemelli for a renewal of a variance for property located at 183 Lexington Green to allow a temporary structure in the driveway.
Richard Chemelli explained that he came before the board last year and was granted a one year variance for a temporary structure. Mr. Chemelli explained that because of the weather he was unable to get as much work done as he anticipated. Mr. Chemelli explained that he is keeping rafters under this temporary structure. In approximately three weeks Mr. Chemelli is having a crane come to his house which will assist him in finishing his project and then he will no longer need the temporary structure. Mr. Chemelli brought pictures to show the Zoning Board members of the progress he has made. Jeff Schieber stated that there have not been any recent complaints from any of the Chemellis’ neighbors about the temporary structure on his property. Mr. Chemelli did not bring any new letters of support from his adjoining neighbors. Sandra Giese Rosenswie asked Mr. Chemelli how the temporary structure is helping him to complete his project to which he replied by saying its giving him a place to store his materials. Richard Chemelli stated that his project should be done in about two weeks and he is planning on taking the temporary structure down at that time.
No comments were received from the public.
Motion by Giese Rosenswie, seconded by Hughes, to close the public hearing and deny the variance for property located at 183 Lexington Green to allow a temporary structure in the driveway.
Ayes: All Noes: None Motion Carried
NEW BUSINESS
2014-036
Request of Susan Benz for a variance for property located at 248 Ehinger Drive to cover existing deck with new roof on front of house (cannot build roof in required front yard; owner requesting to build roof)
WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
1250 Union Road Minutes #2014-08
West Seneca, NY 14224 August 27, 2014
Page 3
Susan Benz explained that she wants to replace the existing awning with a permanent roof. Mrs. Benz brought a letter of support from her neighbor Shirley Hamm who resides at 252 Ehinger Drive.
No comments were received from the public.
Motion by Hughes, seconded by Giese Rosenswie, to close the public hearing and grant a variance for property located at 248 Ehinger Drive to cover existing deck with new roof on front of house.
Ayes: All Noes: None Motion Carried
Mr. Chemelli spoke again and wanted clarification about what it means to have his variance denied. Chairman Elling explained that the request was denied and that if he wanted a specific deadline as to when the temporary structure must be down by he would have to go to the Building and Plumbing Department. Jeff Schieber explained that Mr. Chemelli has to show the Building and Plumbing Department that he is making progress taking the temporary structure down.
2014-041
Request of Marco Cercone for a variance for property located at 1 Alexander Road to erect a shed in front yard setback (40’ setback required; 7’-6” requested).
Mr. Cercone explained that he just purchased the property and there was already a concrete pad there from the previous owner. Mr. Cercone has a prefab shed that is 8’ by 10’ and he would like to put it on that concrete pad. Mr. Cercone brought letters of support from his neighbors Jason Sitarski of 27 Caldwell Drive, Janine Ball of 23 Caldwell Drive and Kim Milosheuski of 19 Caldwell Drive.
No comments were received from the public.
Motion by Harmon, seconded by Hicks, to close the public hearing and grant a variance for property located at 1 Alexander Road to erect a shed in front yard setback (40’ setback required; 7’-6” requested)
Ayes: All Noes: None Motion Carried
2014-042
WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
1250 Union Road Minutes #2014-08
West Seneca, NY 14224 August 27, 2014
Page 4
Request of John Rogowski for a variance for property located at 42 Treehaven Road requesting a 6’ separation between detached garage and house (10’ separation required).
Mr. Rogowski explained that he wanted to construct a detached garage 6’ from his house because he has an existing fence with a gate that is 6’ wide and it would be cosmetically appealing. He brought letters of support from his neighbors Bill Hanson of 44 Treehaven Road and Camille Rozanski of 40 Treehaven Road. Mike Hughes stated that the 10’ requirement in the Town Code is a safety issue. Jeff Schieber confirmed that and explained that it could be a safety hazard should a fire ever start in the garage. Mr. Rogowski explained that the whole wall and the side of the structure are going to be fire rated. Mr. Rogowski explained that the new garage is not going to be attached to the existing garage, nor will there be a breezeway, there will be nothing attached between the two. The new garage is going to be the exact same height as the other garage, the gable faces the road, and Mr. Rogowski is using 8’ walls.
No comments were received from the public.
Motion by Hughes, seconded by Giese Rosenswie, to close the public hearing and grant a variance for property located at 42 Treehaven Road to allow a 6’ separation between detached garage and house.
Ayes: All Noes: None Motion Carried
Tim Elling stated that the November and December Zoning Board meetings will be combined. The meeting will take place on Wednesday, December 10, 2014. The application deadline for that meeting will be November 19, 2014.
Adjournment
Motion by Giese Rosenswie, seconded by Hicks, to adjourn the meeting at 7:26 P.M.
Ayes: All Noes: None Motion Carried
Respectfully Submitted,
Marleah Martinez
Town Attorney’s Office/ Zoning Board Secretary