May 27, 2015 Zoning Board Minutes

WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
1250 Union Road Minutes #2015-05
West Seneca, NY 14224 May 27, 2015

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
Rick Marzullo
Jeff Baksa – Building and Plumbing
John Fenz - 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 Hicks that proofs of publication and posting of legal notice be received and filed.

Ayes: All Noes: None Motion Carried

APPROVAL OF MINUTES

Motion by Hughes, seconded by Marzullo, to approve the Minutes #2015-04.

Ayes: All Noes: None Motion Carried

WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
1250 Union Road Minutes #2015-05
West Seneca, NY 14224 May 27, 2015
Page 2

OLD BUSINESS
2012-013
Request of Doug Carstens for a renewal of a variance for property located at 1069 East and West Road to have an accessory structure without principle structure. (accessory structure require a principal building)
Jeff Baksa stated that the foundation is already in the ground and the framing has begun. At this point Mr. Carstens does not need this variance, as the structure is on the property. Attorney Fenz stated that this will be formally removed from the agenda.
Motion by Hughes, seconded by Marzullo to remove the item from the agenda.

Ayes: All Noes: None Motion Carried

2012-057
Request of Patrick Sullivan for a variance for property located at 3036 Seneca Street to have live music.
The applicant was not at the meeting at this time.

Motion by Hicks, seconded by Harmon to table the item until the end of the meeting.

Ayes: All Noes: None Motion Carried

2012-019
Request of David Shearer for a renewal of a variance for property located at 1800 Union Road to have live music.
The applicant was not at the meeting at this time.

Motion by Hughes, seconded by Harmon to table the item until the end of the meeting.

Ayes: All Noes: None Motion Carried

WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
1250 Union Road Minutes #2015-05
West Seneca, NY 14224 May 27, 2015
Page 3

2012-067
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 structure as permitted by the ZBA).
Mr. Greiner stated that he would like to extend the variance because he does not have the funding to erect a permanent structure on the property. Tim Elling brought pictures of the property and the temporary structure currently on the property, noting that it does not blend in with the neighborhood. Mike Hughes pointed out that this variance was first requested in 2013 and there is still no signs of a permanent structure being constructed. Code Enforcement Officer Jeff Baksa stated that the Building and Plumbing department considers it to be a violation of the town code. He further explained that in the opinion of the building department that the structure be removed.
No comments were made from the public.

Motion by Marzullo, seconded by Hughes to deny the request for property located at 306 Knox Avenue to allow a temporary structure in front yard.

Ayes: All Noes: None Motion Carried

2015-016
Request of Michael Ferraraccio of Bilt Rite Concrete for a variance for property located at 4160 Clinton Street relief on sideyard requirements from 5’ to 2’ to accommodate an 18’ wide by 22’ deep garage (Town zoning ordinance)
The applicant was not at the meeting at this time.
Motion by Harmon, seconded by Hicks to table the item until the end of the meeting.

Ayes: All Noes: None Motion Carried

Evelyn Hicks questioned if Jeff Baksa or the zoning board secretary would contact the three applicants should they not show up by the end of this meeting. Jeff explained that they would be sent a third letter explaining if they are not present for the third meeting then their application will be denied.

WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
1250 Union Road Minutes #2015-05
West Seneca, NY 14224 May 27, 2015
Page 4

NEW BUSINESS

2015-010

Request of Galen Czarnezki for a variance for property located at 89 Tindle Avenue to erect a garage addition closer to sideyard setback and higher than permitted (30’ setback required, 5’ requested; 12’ max height required, 14’4” in height requested)
Mr. Czarnezki explained that he would like to expand the roof line of his existing garage. The addition will be the same height to the ridge and it will not change the street view of the structure. Mr. Czarnezki explained that he would like to add the addition so that he can store his cars inside of the structure. The applicant reported that 14’4”is the wall plus half the rise to the top of the garage, the top of the garage is just shy of 20’. Letters of support were signed by Thomas D’Amore of 81 Tindle Avenue and Shirley Pollute of 97 Tindle Ave. Jeff Baksa stated that there are no problems as far as the Building and Plumbing department is concerned.
Evelyn Hicks asked about the paper street and how long the street remains to be be a paper street. Mr. Czarnezki and John Fenz both stated that that paper street is considered abandoned, which is also stated on Mr. Czarnezki’s survey. John Fenz stated that once a paper street is abandoned the adjoining property owners split the land equally.

No comments were made from the public.

Motion by Hughes, seconded by Harmon to grant the variances as requested for property located at 89 Tindle Avenue to erect a garage addition closer to sideyard setback and higher than permitted (30’ setback required, 5’ granted; 12’ max height required, 14’4” in height granted).

Ayes: All Noes: None Motion Carried

2015-017
Request of Preston Monkelban for a variance for property located at 5500 Seneca Street to build a pole barn higher than allowed (Town zoning ordinance 120-34C)

Mr. Monkelban reported that he would like to build the pole barn for storage. The applicant reported that he fixes cars for a living but does not intend to fix them on his property. The letter Mr. Monkelban had his neighbors sign did not state the correct height of the barn. The board requested that the applicant get letters of support from his neighbors stating the correct dimensions of the pole barn. Tim Elling pointed out that the letter also states Mr. Monkelban will be installing a stone driveway. Jeff Baksa stated that should the applicant want to install a stone driveway he would need to add that request onto the variance application to ensure that it is a non dust producing surface for the driveway

WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
1250 Union Road Minutes #2015-05
West Seneca, NY 14224 May 27, 2015
Page 5

No comments were made from the public.

Motion by Elling, seconded by Hughes to table the variance until Mr. Monkelban can get signed letters of consent from his neighbors stating the exact dimensions of the pole barn.

Ayes: All Noes: None Motion Carried

2015-018
Request of Nancy Hellmann for a variance for property located at 107 Wildwood Avenue to erect a shed in lieu of since removed garage damaged from snow storm (minimum yards 30’ front yard setback required, 17’ requested)

Ms. Hellmann reported that due to the November snowstorm she had to have her garage demolished because it collapsed. It was a four car garage measuring 21’ by 40’, she would like to replace it with a shed measuring at approximately 10’ by 16’ by 10’. Jeff Baksa explained that the variance is because Ms. Hellmann is a corner lot so the shed would technically be placed in what is considered her front yard. Rick Marzullo noted that there are still cinder blocks where the old garage was before it was ruined in the storm, Ms. Hellmann explained she is planning on donating them as she has no use for them.

No comments were made from the public.

Motion by Marzullo, seconded by Harmon to grant the variance as requested for property located at 107 Wildwood to erect a shed with a 17’ front yard setback.

Ayes: All Noes: None Motion Carried

2015-019
Request of Nicole and Mike Hiam for a variance for property located at 90 Christopher Drive to construct continuation of a deck from house to pool (Town zoning ordinance 120-39F)

Mr. Hiam explained that he would like to construct a continuation on his current deck. The new deck will step down and there will be a self latching gate on the deck. Jeff Baksa stated that an above ground pool requires that there be self closing or self latching gates and alarms that have to be installed, which will be checked during final inspection. Letters of consent were signed by is neighbors residing at 191 Allendale Road and 84 and 98 Christopher Drive.

No comments were made from the public.

Motion by Hughes, seconded by Harmon to grant the variance as requested for property located at 90 Christopher Drive to construct a continuation of a deck from house to pool.

WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
1250 Union Road Minutes #2015-05
West Seneca, NY 14224 May 27, 2015
Page 6

Ayes: All Noes: None Motion Carried

2015-020

Request of Mary Wolf for a variance for property located at 1710 Southwestern Boulevard to erect an accessory structure into front yard setback and erect an addition into front yard setback (30’ front setback required , 27’ addition requested; 30’ front setback required, 10’ shed proposed)

James Wolf explained that he purchased the house in December 2014 and they would like to make a more adequate living space. The addition is to construct a pantry, enlarge the kitchen and add a linen closet. Mike Harmon questioned why the Wolf’s would like the shed placed in the front yard and not the back yard. Mr. Wolf explained that they currently are going through a major septic system problem and placing the shed in the front yard is a temporary solution. Mr. Wolf explained that the sewer system complications will be corrected as soon as he gets the prints from Erie County. The Wolf’s provided letters of support from their neighbors Eva Haberloua of 1700 Southwestern Blvd and Denise Zeliff of 1720 Southwestern Blvd. Tim Elling spoke with the gentleman who resides at 1700 Southwestern Blvd who voiced some concerns about the shed obstructing his view from his house.

No comments were made from the public.

Motion by Harmon, seconded by Hughes to grant the variance as requested (27’ addition, 10’ shed proposed) with the stipulation that the shed be moved to the back yard within one year.

Ayes: All Noes: None Motion Carried

2015-021
Request of Jason Szwed for a variance for property located at 2 Lockhart Road to place a 10’ by 14’ shed to side yard on corner lot (Town zoning ordinance 120-39A1)

Mr. Szwed stated that he would like to place a shed in what is considered his side yard as he is on a corner lot. The shed will be placed on a standard wooden floor. The applicant brought signed letters of consent from his neighbors Paula Arcara of 6 Lockhart and Annetter and Keith Pellerin of 92 Caldwell Drive. Jeff Baksa reported that there are no safety issues as far as the Building and Plumbing department is concerned.

No comments were made from the public.

Motion by Hughes, seconded by Marzullo to grant the variance for property located at 2 Lockhart Road to place a 10’ by 14’ shed to side yard on corner lot as requested.

WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
1250 Union Road Minutes #2015-05
West Seneca, NY 14224 May 27, 2015
Page 7

Ayes: All Noes: None Motion Carried

2015-022

Request of Thomas Knoop for a variance for property located at 306 Fisher Road to erect a fence into front yard setback (4’ high with 10’ projection allowed, 6’ high with +/- 30’ of projection requested.

Mr. Knoop reported that he would like to erect a 6’ pressure treated dog ear fence to go all the way around his lot. The applicant stated that he is going to leave the easement alone, the fence will go out 30’ from the corner of the house, leaving about 18” to the sidewalk. Tim Elling requested that Mr. Knoop leave 3’ between the sidewalk and the fence to which the applicant agreed to do so. Mr. Knoop brought a letter of support signed by Robert Balcarczyk of 3 Mosside Loop.

No comments were made from the public.

Motion by Hicks, seconded by Harmon to grant the variance as requested for property located at 306 Fisher Road to erect a fence into front yard setback 6’ high with +/- 30’ of projection with the stipulation that the fence is 36” off the sidewalk.

Ayes: All Noes: None Motion Carried

2015-023
Request of Ryan Graves for a variance for property located at 145 Pinewood Drive requesting a pool with 0’ separation to primary structure (10’ separation required between pool/deck and house/deck)

Mr. Graves explained that he would like to install a partially in ground pool that is approximately 24” above the ground so that it is level with the existing deck. There will be a 4’ railing system surrounding the pool and all doors are already monitored with the alarm system. There will be one entrance into the pool, there will be 4’ fencing and security cameras installed as well. Mr. Graves brought signed letters of consent from his neighbors Jeffery Hoxton of 151 Pinewood Drive and Rodney Jerzewski of 139 Pinewood Drive. Mr. Graves reported there was an in ground pool that has been filled in by the previous owners.

No comments were made from the public.

Motion by Marzullo, seconded by Hicks to grant the variance for property located at 145 Pinewood Drive allowing 0’ separation to primary structure.

Ayes: All Noes: None Motion Carried

WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
1250 Union Road Minutes #2015-05
West Seneca, NY 14224 May 27, 2015
Page 8

2015-024

Request of Roy Smith for a variance for property located at 108 Fernwood Avenue to remove existing garage and construct a garage 20’ to peak and 16’ to ½ slope (max building heighth for accessory structure in R districts 12’ permitted)

Mr. Smith explained he would like to build the garage to store cars, atv’s and other items in. His current garage is 12’ by 20’ and he does not have enough room for storage. Mr. Smith supplied a letter of support but the height of the garage was not listed on the letter. The board requested that Mr. Smith state the exact dimensions of the garage on the letters that the neighbors sign.

No comments were made from the public.

Motion by Elling, seconded by Hicks to table the variance for property located at 108 Fernwood Avenue to remove existing garage and construct a garage 20’ to peak and 16’ to ½ slope until Mr. Smith has a signed letter of consent from his neighbors stating the exact dimensions of the garage.

Ayes: All Noes: None Motion Carried

2015-025
Request of Louis Gimbrone for a variance for property located at 43 Princess Lane to erect porch roof into required front yard setback (30’ setback required)

Dan Pillmeyer, the contractor of the job explained that Mr. Gimbrone has an existing concrete slab that he would like to remove and construct a patio with a gable roof. Letters of support were signed by Dan Pielmeier of 53 Princess Lane, Fran McMannus of 47 Princess Lane, Ed Grucza of 31 Princess Lane, Mary McCarthy of 65 Princess Lane and Nicholas Schiferle of 71 Princess Lane. For the record Mr. Gimbrone is looking for a 6.5’ variance.

No comments were made from the public.

Motion by Hughes, seconded by Harmon to grant the variance for property located at 43 Princess Lane to erect porch roof into required front yard setback(6.5’ granted).

Ayes: All Noes: None Motion Carried

2015-026
Request of Josephine Shanahan for a variance for property located at 133 Burch to erect a 6’ fence in side yard (4’ required, 6’ requested)

WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
1250 Union Road Minutes #2015-05
West Seneca, NY 14224 May 27, 2015
Page 9

Ms. Shanahan explained that she has a fence but she would like it to be taller to ensure that her dogs do not get out. She brought letters from her neighbors Dawn Dweaver of 138 Burch, Kim Knickerbocker of 143 Burch, MaryJane and Jane Piechocki of 134 Burch and Dan and Mary Scheck of 132 Burch Avenue. The fence will be a wooden stockade fence, the same as the one that is currently there.

Ms. Toy of 97 Burch Ave stated that Ms. Shanahan needs the fence desperately to ensure that he dogs do not get out, as they seem to get out easily.

No other comments were made from the public.

Motion by Harmon, seconded by Hughes to grant a variance for property located at 133 Burch to erect a 6’ fence in side yard.

Ayes: All Noes: None Motion Carried
2015-027

Request of the Judy family for a variance for property located at 16 Country Lane to erect a deck and pool in side yard on corner lot, no separation between house and pool (Town zoning ordinance 120-39 A(1), 120-39F)

Mrs. Judy explained that they would like to put an above ground pool in the backyard, they are on a corner lot so they backyard is technically a side yard. As of right now the Judy family will be installing a pool and adding on a deck sometime in the future. Jeff Baksa explained that the playground set and the trampoline in the backyard are temporary so the Town does not really regulate those items. Mr. Judy explained that the swing set will come down before the pool is constructed. The pool is going to be oval with the dimensions 16’ by 32’. The Judy’s brought signed letters of support from their neighbors Denise Bertosino of 10 Country Lane, N. Deptula of 25 Country Lane, Karen Barone of 19 Country Lane, Jeff Miekal of 13 Country Lane, Fred Mikohiele of 4 Country Lane, Susan Trzasken of 3 Country Lane and Teddy Seternos of 41 Country Lane.

Gary and Beverly Pauly of 34 Country Lane own the property adjacent to the Judy’s. Mr. Pauly brought photos of the view he and his wife had from the front windows of their house, showing the trampoline and the swing set. Mr. Pauly explained that he and his wife do not want to look out of their front window and see a fixed pool, a deck or pool filters etc. on a daily basis. Chairman Elling explained that according to the drawings submitted by the Judy’s, the pool is not near the view out of the Pauly’s front window. Mike Harmon stated that neither the deck nor the pool and its amenities can protrude any closer to the street than the air conditioner that is closest to the road.

No other comments were made from the public.

WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
1250 Union Road Minutes #2015-05
West Seneca, NY 14224 May 27, 2015
Page 10

Motion by Harmon, seconded by Hughes to grant the variance for property located at 16 Country Lane to erect a deck and pool in side yard on corner lot, no separation between house and pool with the stipulation that the deck, the pool and any of its permanent amenities cannot protrude closer to the road than the air conditioning unit located on the east side of the fireplace.

Ayes: All Noes: None Motion Carried
2015-028

Request of Daniel Ruchalski for variance for property located at 34 Knox Avenue to construct a covered porch in required front yard setback (Town ordinance 120-39 C4)

Mr. Ruchalski explained that his awning fell down during the storm and he would like to replace it with a wooden structure awning. Letters of support were signed by Ergun Gecgil of 29 Knox Ave, Kenneth VanRemme of 24 Knox Ave, Robert Stonach of 43 Knox Ave, Kevin Nowicki of 40 Knox Ave, Patricia Byrns of 30 Knox Ave and Terry Ziolo of 44 Knox Ave.

No comments were made from the public.

Motion by Hughes, seconded by Marzullo to grant variance as requested for property located at 34 Knox Avenue to construct a covered porch in required front yard setback.

Ayes: All Noes: None Motion Carried
2015-029

Request of Steven Jarrell for variance for property located at 273 Emporium to erect a 6’ fence in front and side yard (4’ permitted, 6’ requested)

Mr. Jarrell stated that he would like to erect a vinyl privacy fence in the side yard of his property on the Gordon Street side. The applicant brought signed letters of support from his neighbors Keith Stweart of 50 Gordon Ave, Pam Przybyn of 288 Emporium, Robert Kaczmarek of 272 Emporium Ave, Santo Tedesco of 55 Gordon Ave, Scott Schriver of 56 Gordon Ave and Julie Hanavan of 259 Emporium Avenue. There will be no blind spots considering the fence is set back five feet, there are also no sidewalks to take into consideration.

No comments were made from the public.

Motion by Harmon, seconded by Hughes to grant the variance for property located at 273 Emporium to erect a 6’ fence in front and side yard.

Ayes: All Noes: None Motion Carried

WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
1250 Union Road Minutes #2015-05
West Seneca, NY 14224 May 27, 2015
Page 11

2015-030

Request of Paul Rybczynski for a variance for property located at 7 Maryon Drive to install driveway into front yard setback (Town zoning ordinance 120-44 B(b).

Mr. Rybczynski stated that he would like to widen his driveway into the front yard setback. The applicant brought signatures of support from his neighbors William Brown of 27 Maryon Drive, Richard Ryan, 11 Maryon Dr, Sharon Murphy 3 Maryon Dr, Bridget Leonard 121 Eagan Dr, Marlene Andrzejewski 21 Maryon Dr and Kyle Sreniowski of 348 Brookside Drive. The driveway would double from 8’ to 16’ wide.

No comments were made from the public.

Motion by Hughes, seconded by Harmon to grant the variance for property located at 7 Maryon Drive to install a 16’ wide driveway into front yard setback.

Ayes: All Noes: None Motion Carried
2015-031

Request of Tommaso Briatico Architects for a variance for property located at 450 Center Road to construct a new parking lot for new business; requesting parking setback reduction and parking quantity reduction (154 required, 103 requested; 10’ parking setback required, 0’ requested)

The applicant requested that the item be tabled until next month.

Motion by Elling, seconded by Marzullo to table the item until the June Zoning Board meeting.

Ayes: All Noes: None Motion Carried
2015- 032

Request of Raymond Kopuscinski Jr. for a variance for property located at 115 Neubauer Court to remove existing wood framed deck on front and replace with concrete pad with a roof (no roof permitted to project into required yard, requesting roof in required front yard)

Mr. Kopuscinski explained that he would like to take the existing deck out and replace it with a concrete pad with a roof over it. The applicant brought letters of support from Deanna Zak of 121 Neubauer Court, Rose Ann Russell of 116 Neubauer Court, Dawn Chapman of 111 Neubauer Court, Doris Jean Vetter of 122 Neubauer Court, Robert Hauers of 108 Neubauer Court and the resident of 134 Neubauer Court.

No comments were made from the public.

WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
1250 Union Road Minutes #2015-05
West Seneca, NY 14224 May 27, 2015
Page 12

Motion by Hicks, seconded by Hughes to grant the variance as requested for property located at 115 Neubauer Court to remove existing wood framed deck on front and replace with concrete pad with a roof.

Ayes: All Noes: None Motion Carried
2015-033

Request of James Wittmann for a variance for property located at 935 Harlem Road requesting a 31’ front yard setback (Town zoning ordinance 120-31 B1, 120-30)

The applicant requested that we table the variance until the June Zoning Board meeting.

Motion by Elling, seconded by Harmon to table the variance for property located at 935 Harlem Road requesting a 31’ front yard setback.

Ayes: All Noes: None Motion Carried
2015-034
Request of Kevin Bartosz for a variance for property located at 48 Deer Path requesting a new deck from existing to house/deck (deck not permitted to connect house and pool, new deck connecting house and pool)
Mr. Bartosz reported that he would like to do a rear deck expansion. There are two self closing doors and there will be one access to the deck from the dwelling. The new deck would be a two step up from the current deck so that it is level with the pool. The applicant brought signatures from his neighbors Kim Overhoff of 44 Deer Path, Mike Maiorana of 23 Fawn Trail and Robert Pattesen of 52 Deer Path.
No comments were made from the public.
Motion by Hughes, seconded by Marzzullo to grant a variance for property located at 48 Deer Path requesting a new deck from existing to house/deck.
Motion by Harmon, seconded by Hughes to table items 2012-057, 2013-019 and 2015-016 until the next meeting, noting that it is the last notice for 2012-057 and 2015-016.

ADJURNMENT
Motion by Hughes, seconded by Harmon to adjourn the meeting at 8:36PM.