Zoning Board Minutes September 24, 2014

WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
1250 Union Road Minutes #2014-09
West Seneca, NY 14224 September 24, 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 Hughes and 30 seconds of silent prayer.

ROLL CALL: Present - Tim Elling, Chairman
Michael P. Harmon
Evelyn Hicks
Michael P. Hughes
Sandra Giese Rosenswie
Jeff Baska – Building and Plumbing
Charles Grieco - 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 Mike Hughes 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 Sandra Giese Rosenswie, to approve Minutes
#2014-8 of August 27, 2014.

Ayes: All Noes: None Motion Carried

WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
1250 Union Road Minutes #2014-09
West Seneca, NY 14224 September 24, 2014
Page 2

OLD BUSINESS

2010-065
Request of Angelo Castricone for a renewal of a variance for property located at 2339 Union Road to allow live music.
The applicant did not show up for the meeting.
No comments were received from the public.

Motion by Hughes, seconded by Giese Rosenswie, to table the variance until the end of the meeting.

Ayes: All Noes: None Motion Carried

2012-058

Request of Ronald Race for a renewal of a variance for property located at 1100 Orchard Park Road to display storage sheds on property without principal building.

Mr. Race explained that this is the third year he has been displaying storage sheds on the property. Mike Hughes explained that Mr. Race first came before the board in 2012 and the main concerns were getting support from the neighbors and also making sure there weren’t any traffic or safety issues. Mr. Race brought letters of support from George Flattery of 1100 and 1108 Orchard Park Road, Marcia Turner of 1091 Orchard Park Road, Kayla Murray of 1021 Orchard Park Road, Carole Spoonley of 1063 Orchard Park Road and James Arrigo of 1045 Orchard Park Road.

No comments were received from the public.

Motion by Hughes, seconded by Giese Rosenswie, to close the public hearing and grant the variance for property located at 1100 Orchard Park Road to display storage sheds on property without principal building.

Ayes: All Noes: None Motion Carried

NEW BUSINESS
2014-043
WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
1250 Union Road Minutes #2014-09
West Seneca, NY 14224 September 24, 2014
Page 3

Request of Donna Rigby for a variance for property located at 235 Covington Drive to allow a roof over front porch in front yard setback (covered porches not permitted in front yard setback)

Ms. Rigby stated that she would like roof over the front porch to provide shade and for curb appeal. The actual size of the roof would be 15’ by 8’. Ms. Rigby brought a letter of support signed by her neighbors Janet Cochrane of 231 Covington Drive, Amber Boll of 245 Covington Drive, Gerald Kasperek of 241 Covington Drive, Daniel Blake of 225 Covington Drive, and Anne Collura of 240 Covington Drive.

No comments were received from the public.

Motion by Hicks, seconded by Harmon, to close the public hearing and grant the variance for property located at 235 Covington Drive to allow a roof over front porch in front yard setback.

Ayes: All Noes: None Motion Carried

2014-044

Request of Damaso Beato for a variance for property located at 3 Pearl Street to allow a 6’ fence in front and side yard (0’ permitted in front yard, 4’ permitted in side yard)

Mr. Beato explained that he would like to erect a fence in his yard for privacy. Letters of support were signed by John Augustyn of 4414 Clinton Street and Mark Penska of 4422 Clinton Street. Code Enforcement Office Jeff Baska explained that the reason for the variance is because of the paper street.

No comments were received from the public.

Motion by Harmon, seconded by Giese Rosenswie, to close the public hearing and grant the variance for property located at 3 Pearl Street to allow a 6’ fence in front and side yard.

Ayes: All Noes: None Motion Carried

2014-045
Request of H. Dale Kling for a variance for property located at 4760 Clinton Street to erect a garage 1’ from front lot line (erect accessory structure without principal building; 40’ front setback required)

WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
1250 Union Road Minutes #2014-09
West Seneca, NY 14224 September 24, 2014
Page 4

Mr. Kling explained that he applied for this variance before, about a year ago but he did not get the building permit on time so he is reapplying. Town Attorney Charles Grieco stated that Clinton Street is a state road and under general municipal law 239M the Town is required to refer this variance to the Erie County Department of Environmental and Planning. Letters would be sent to both the Department of Transportation and the Erie County Department of Environmental Planning letting them know there is an application for a variance. These departments then have an opportunity to respond to these letters advising what they would require.

No comments were received from the public.

Motion by Hughes, seconded by Giese Rosenswie, to close the public hearing and table the variance for 30 days for property located at 4760 Clinton Street to erect a garage 1’ from front lot line.

Ayes: All Noes: None Motion Carried

2014-046
Request of Lindsay Romanchuk & Jason Wiepert for a variance for property located at 46 Lockhart Road to allow a 54” fence in front yard; corner lot (4’ fence permitted, 54” requested; 10’ projection permitted, 29’ projection requested)

Ms. Romanchuk explained that they are on a corner lot and would like to erect a fence to enclose their backyard. Ms. Romanchuk explained that they would be using an aluminum privacy fence, similar to their neighbors. A letter of support was signed by Jeff and Christine Wesley of 1 Chancellor Lane.

No comments were received from the public.

Motion by Hughes, seconded by Giese Rosenswie, to close the public hearing and grant the variance for property located at 46 Lockhart Road to allow a 54” fence in front yard.

Jeff Baska pointed out that the fence would be going across the easement. Ms. Romanchuck explained that they were aware the fence will be across an easement but the fence they are erecting will have a gate and removable panels.

Mike Hughes made a motion to amend the variance with a 24” setback off the side walk. Motion by Highes, seconded by Giese Rosenswie to close the public hearing and grant the variance for property located at 46 Lockhart Road to allow a 54” fence in front yard with the stipulation that the fence be 24” from the sidewalk.
WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
1250 Union Road Minutes #2014-09
West Seneca, NY 14224 September 24, 2014
Page 5

Ayes: All Noes: None Motion Carried

2014-047
Request of Lori Stearns for a variance for property located at 51 Bellwood Avenue to allow 26’ of 6’ high fence down side of house (4’ fence down side of house permitted, 6” requested)

Ms. Stearns explained that the privacy fence is already put up. Jeff Baska explained that the whole fence does not need a variance, only certain sections of it need a variance. Ms. Stearns explained that she has problems with her neighbors which is why she put the fence up in the first place and was unable to get a letter of support from her neighbor. Ms. Stearns explained that the fence has made the situation much better and that the “good side” of the fence is facing the neighbor’s house. It was determined that the fence was put up sometime in early May. Mike Hughes asked how the Building and Plumbing Department found out about the fence, Jeff Baska stated he would be able to look that information up on the computer.

No comments were received from the public.

Motion by Hughes, seconded by Harmon, to close the public hearing and table the variance for five minutes until Jeff Baska can look up the information on the computer about how the Building and Plumbing Department found out about the fence.

Ayes: All Noes: None Motion Carried

2014-048
Request of William Hartnett Sr. for a variance for property located at 484 Harlem Road to allow music outside and outdoor seating (Zoning Ordinance 120-20(7J), 120-20(8D); outdoor live music not permitted)

Mr. Hartnett explained that he has a 1000 sq foot covered deck off the back of his restaurant. Mr. Hartnett explained that he has three acres of land and his closest neighbors are at least 300’ behind him. Jeff Baska stated that there are two variances, one for outdoor seating and the other for allowing music outdoor. Mr. Hartnett brought letters of support from 495 Harlem Road, 85 Aurora Avenue, 73 Aurora Avenue and 485 Harlem Road. Jeff Baska reminded the board that in the past a time frame has been placed on variances like this so that it can be revisited to ensure that there haven’t been any problems over the allotted amount of time. Mr. Hartnett stated that he currently has seating on the deck for approximately 60 people and he would like to expand that. Town Attorney Charles Grieco
WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
1250 Union Road Minutes #2014-09
West Seneca, NY 14224 September 24, 2014
Page 6

stated that this is another county referral problem and that that Harlem Road is a state highway. This variance is going to have to be referred to the county because it’s within 500’ of a state road.

No comments were received from the public.

Motion by Hughes, seconded by Giese Rosenswie, to close the public hearing and table the variance for 30 days for property located at 484 Harlem Road to allow music outside and outdoor seating.

Ayes: All Noes: None Motion Carried

Jeff Baska stated that in the past any applications that came across that had anything to do with state or county roads were handled by the Town Clerk’s office. Sandra Giese Rosenswie asked whether or not the responsibility is that of the zoning board secretary or if it is the responsibility of the Town Clerk’s office. Charles Grieco stated that the Town can enter into an intermunicipal agreement with the county, which is the Town Boards decision.
2014-049

Request of Thomas George for a variance for property located at 107 Orchard Ave to erect
a higher than allowed garage (12’ max permitted, 13.5’ max requested)

Mr. George stated that he would like to replace his garage and construct a new garage that is higher than allowed. Mike Hughes asked if Mr. George had any plans to use this garage as for business or for residential use, Mr. George stated that he would just be using it for storage. Mr. George stated that his garage is actually located on a side street along with his driveway. Letters of support were sighed by Michelle McKay of 95 Orchard Avenue, Patricia Muschaweck of 45 Weigand Drive, Josephine Tanski of 39 Weigand Street, Dennis Kazmierczak of 27 Weigand Street and from 101 Orchard Avenue. It was determined that the neighbors’ garage is .64” away from the property line. Jeff Baska asked if M. George is intending on having the new foundation for the garage 3’ off the property line or if he is going to keep the same foot print as the pervious garage. If Mr. George is going to use the same foot print then it should be added into the variance that the garage will be closer to the property line than allowed because town ordinance says it must be 3’ off the property line. The second variance would be to allow the garage to be built 2.8” off the lot line, which Mr. George agreed to.

No comments were received from the public.

WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
1250 Union Road Minutes #2014-09
West Seneca, NY 14224 September 24, 2014
Page 7

Motion by Harmon, seconded by Giese Rosenswie, to close the public hearing and grant the variance for property located at 107 Orchard Ave to erect a garage higher than allowed and granting it to be contiguous with the previous footprint for the side lot line.

Ayes: All Noes: None Motion Carried

2014-050

Request of Kenneth Merle for a variance for property located at 316 Collins Avenue to
erect a roof on front of house over deck (covered porches not permitted in front yard
setback, requesting a roof)

There is currently no front porch on the house because it collapsed. Mr. Merle would like to build a new one that is wooden and put a roof over it. Letters of support were signed by Mr. Merle’s neighbiors Joseph Milewski of 319 Collins Ave, Christine Morrison of 310 Collings Ave, Laura Milewski of 319 Collins Ave, Robert Scime of 322 Collins Ave, Amy Sieg of 305 Collins Ave and Joseph Sieg of 305 Collins Ave.

No comments were received from the public.

Motion by Harmon, seconded by Giese Rosenswie, to close the public hearing and grant the variance for property located at 316 Collins Avenue to erect a roof on front of house over deck.

Ayes: All Noes: None Motion Carried

2014-051

Request of Richard & Ennia Corbetta for a variance for property located at 8 Sunbriar Drive to erect a 6’ fence in side yard, 4’ fence in front yard and a shed in side yard(Zoning Ordinance 120-39B & 120-39A(1)

Mr. Corbetta stated that he would like the shed to store garden tools and explained they would also like a fence to secure the property and keep the deer out. Mike Harmon pointed out that this property is a corner lot and Jeff Baska confirmed that. Letters of support were signed by Dale Franklin of 9 Sunbriar Drive, Dennis of 8 Southgate Drive, Mary Zubek of 14 Sunbriar Drive, Stacy Widomski of 14 Southgate Drive and Donna DeGroat of 23 Sunbriar.

No comments were received from the public.

WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
1250 Union Road Minutes #2014-09
West Seneca, NY 14224 September 24, 2014
Page 8

Motion by Harmon, seconded by Giese Rosenswie, to close the public hearing and grant the variance for property located at 8 Sunbriar Drive to erect a 6’ fence in side yard, 4’ fence in front yard and a shed in the side yard.

Ayes: All Noes: None Motion Carried

2014-052
Request of Denis & Kathleen Jacques of 43 Heather Hill Drive to erect an accessory structure in side yard (only permitted in rear yard)
Mr. Jacques explained that it is a 10 by 10 shed that will be about 8’ off of the property line and 31’ from his house. Letters of support were signed by Mr. Jacques neighbors’ Gregory Hall of 54 Theresa Court, Keith Tober of 49 Heather Hill, Gail Rizzo of 31 Heather Hill Drive, and Steven DiIoia of 34 Heather Hill Drive.

No comments were received from the public.

Motion by Hughes, seconded by Giese Rosenswie, to close the public hearing and grant the variance for property located at 43 Heather Hill to erect an accessory structure in side yard as requested.

Ayes: All Noes: None Motion Carried

2010-065
Mr. Castricone was not present for the meeting.
Motion by Highes, seconded by Giese Rosenswie to close the public hearing and table the variance for property located at 2339 Union Road to allow live music until the October 22, 2014 Zoning Board meeting.
Ayes: All Noes: None Motion Carried
2014-047
Mike Harmon makes a motion to remove this item from the table and Sandra Giese Rosenswie seconded the motion.

WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
1250 Union Road Minutes #2014-09
West Seneca, NY 14224 September 24, 2014
Page 9
Jeff Baska presented a Town of West Seneca Investigative Report showing on May 12, 2014 the neighbors of Ms. Stearns complained about the fence and the fact that it does not meet zoning board laws. On July 29, 2014 Ms. Stearns was in the Building and Plumbing office to file her permit and she was advised that the fence had to go 4’ from back corner to front along the driveway. Mike Hughes questioned whether the situation with Ms. Stearns’ neighbors has gotten better or worse and Ms. Stearns confirmed that overall the situation has gotten much better. Ms. Stearns also explained that in the winter when she shovels, the fence will ensure that the snow will not fall onto her neighbors property.
No comments were received from the public.

Motion by Harmon, seconded by Hughes, to close the public hearing and grant the variance for property located at 51 Bellwood Avenue to allow 26’ of 6’ high fence down side of 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 8:26 P.M.

Ayes: All Noes: None Motion Carried