Zoning Board Meeting June 24, 2015

WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
1250 Union Road Minutes #2015-06
West Seneca, NY 14224 June 24, 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 Hughes 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 Harmon, to open the public hearing.

Ayes: All Noes: None Motion Carried

APPROVAL OF PROOFS OF PUBLICATION

Motion by Hicks, seconded by Harmon 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 Minutes 2015-04

Ayes: All Noes: None Motion Carried

WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
1250 Union Road Minutes #2015-06
West Seneca, NY 14224 June 24, 2015
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2012-057
Request of Patrick Sullivan for a variance for property located at 3036 Seneca Street to allow live music.
The applicant was not present at the meeting at this time.
Motion by Hughes, seconded by Marzullo to table the request until the end of the meeting.
Ayes: All Noes: None Motion Carried

2013-019

Request of David Shearer for a renewal of a variance for property located at 1800 Union Road to allow live music.

Tim Elling contacted the West Seneca Police Department and received no complaints for property located at 1800 Union Road for the past year. Mr. Shearer explained that the location has a new name and it is now called the Rockin’ Buffalo. Mike Hughes stated that this will be a one year variance so that should any neighbors have complaints in the future they can make them at the police department.

No comments were made from the public.

Motion by Hughes, seconded by Marzullo to grant the variance as requested for property located at 1800 Union Road known as the Rockin’ Buffalo to allow live music, with the stipulation that Mr. Shearer must come back to renew the variance in one (1) year.

Ayes: All Noes: None Motion Carried

2013-017

Request of Preston Monkelban for a variance for property located at 5500 Seneca Street to build a pole barn higher than allowed.

Mike Hughes explained that Mr. Monkelban came to the May 27, 2015 Zoning Board meeting but did not have the proper letters signed by his neighbors that stated the exact dimensions of his proposed project. Mr. Monkelban presented a new letter stating the exact dimensions of the proposed pole barn signed by Vincent Leman of 5494 Seneca Street,

WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
1250 Union Road Minutes #2015-06
West Seneca, NY 14224 June 24, 2015
Page 3
Nicholas Burgess of 5516 Seneca Street, Joyce Gayer of 5495 Seneca Street and Susan Monkelban of 5536 Seneca Street. Jeff Baksa pointed out that this variance is for residential and not business, explaining that the pole barn will be for personal use and not for conducting any business. Mr. Monkelban explained that it is for his personal storage as he owns five cars and would like to purchase a camper.

No comments were made from the public.

Motion by Elling, seconded by Hughes to grant the variance as requested to erect a pole barn 20’ to the peak, 16’6” midspan, noting that the structure is for personal use only.

Ayes: All Noes: None Motion Carried

2015-024

Request of Roy Smith for a variance for proparty located at 108 Fernwood Avenue to remove existing garage and construct a garage 20’ to peak and 16’ to ½ slope.

Mr. Smith came to the May 27, 2015 Zoning Board meeting but did not have the proper letters signed by his neighbors that stated the exact dimensions of his proposed project. Mr. Smith presented a new letter stating the exact dimensions of his proposed garage and had it signed by David Dunston of 3 Maryann Terrace, Robert Bechard of 107 Fernwood, David Kochanowski of 110 Fernwood and Tina Gallagher of 54 Fernwood. Mike Hughes mentioned that the application states that the proposed garage is for personal use and not for business.

No comments were made from the public.

Motion by Harmon, seconded by Hicks to grant the variance as requested to remove existing garage and construct a garage 20’ to peak and 16’ to ½ slope with the stipulation that it is used for personal use only.

Ayes: All Noes: None Motion Carried

2015-013

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)

WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
1250 Union Road Minutes #2015-06
West Seneca, NY 14224 June 24, 2015
Page 4
Tommaso Briatico spoke on behalf of his applicant Donald Dejockamo who is the owner of this property. Mr. Briatico explained that the property at 450 and 455 Center road has been purchased by Mr. Dejockamo. Mr. Briatico explained that there will be no parking in the front of the property. Mr. Briatico explained that there are approximately 38 employees and there will be about 48 parking spaces. He further explained that will be putting in a new parking lot and creating a green space and installing a fence. Code Enforcement Officer Jeff Baksa pointed out that there was a continuous problem with the business across the street because they continuously parked in the right of way causing hazards. He explained that utilizing that parking lot across the street will be good for the town. The business that will be located at 450/455 Center Road is a collection agency that does not receive deliveries. Mr. Briatico explained that Omega Deli and Eileens Bakery will be staying in the plaza as tenants.
Chairman Elling stated that he has a letter from the County stating “No recommendation; proposed action has been reviewed and determined to be of local concern”. Mike Hughes pointed out that the board is looking at two variances, the first being the parking and the second is the setback. Tommase Briatico explained that in the winter there is not enough room to pile the snow so it will be removed on an as needed basis depending on the snowfall. Jeff Baksa pointed out that for that plaza area any issues that the Building and Plumbing Department addressed with the old owners were taking care of rather quickly.
Mike Harmon pointed out that there are apartments on the second floor and questioned whether or not the tenants would be staying. Mr. Briatico stated that the tenants will be staying and each apartment has their own designated parking spot.
No comments were made from the public.
Motion by Hughes, seconded by Harmon to grant the variance as requested 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).

Ayes: Hughes, Elling, Hicks, Harmon Noes: None
Abstained from voting: Marzullo Motion Carried

WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
1250 Union Road Minutes #2015-06
West Seneca, NY 14224 June 24, 2015
Page 5
2015-016

Request of Michael Ferraraccio of Bilt Rite Concrete for a variance for property located at 4160 Clinton Street for relief on sideyard requirements from 5’ to 2’ to accommodate an 18’ wide by 22’ deep garage.

The applicant was not present 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

2015-033

Request of James Wittmann for a variance for property located at 935 Harlem Road requesting a 31’ front yard setback.

Mr. Wittmann, the architect for the property came with the owner of Holidays Andrew Pollock. Mr. Wittmann explained that they would like to put a vestibule addition on to the property. It will be 8’6” deep and the vestibule itself will only be 6’6”. Mr. Wittmann brought letters of support signed by Pastor Jason Drapeau of 909 Harlem Road. It was determined that Mr. Pollock will like to have the project finished by next spring. Tim Elling had a letter from the county stating “no recommendation; proposed action has been reviewed and determined to be of local concern”, he did not have a letter from the State. Mr. Wittmann explained that they have been in contact with the DOT about several different aspects of this project.

Simon Manko is the attorney for Holidays. He explained that Holidays has been beneficial to the neighborhood in many ways and they provide safe, clean adult activities. The door currently opens into the bar and every time the door opens there is a draft of cold air that goes in, costing Mr. Pollock money. There have been no SLA or police complaints on this bar in several years.

No comments were made from the public.

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

Ayes: All Noes: None Motion Carried

WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
1250 Union Road Minutes #2015-06
West Seneca, NY 14224 June 24, 2015
Page 6
NEW BUSINESS
2015-035
Request of Luigi Collana for a variance for property located at 4130 Seneca Street to erect an LED sign on existing pole sign, existing double face sign to remain (sign not located within 500’ of residence; 20 sf per side allowed, 23 sf requested).
The applicant was not present at this time.
Motion by Elling, seconded by Hughes to table the variance until the end of the meeting.
Ayes: All Noes: None Motion Carried

2010-036
Request of John and Deborah Simmons for a variance for property located at 77 Thorndale Ave to erect a higher than allowed fence (4’ high required, 5’ high requested. )
Mr. Simmons explained that he originally had a 4’ fence closer to the sidewalk but he moved it back because there a kids who live in the neighborhood and it was a safety concern of his backing out of the driveway. He put in a 6’ fence when he moved his fence back from the sidewalk and decided it was too high so he cut it down to 5’high. He kept the fence in line with the houses so there are no issues with the line of sight. He brought signed letters of consent from Anthony Coviello of 88 Thorndale, Thomas Fitzgerald of 89 Thorndale, Michael Vellio of 82 Thorndale, Deporah Teckule of 69 Thorndale and Jeffery Szmes of 76 Thorndale. Boats and trailers are permitted in parking areas from May 15th to September 15th, the boat however has been sold.
No comments were made from the public.
Motion by Marzullo, seconded by Hicks to grant the variance for property located at 77 Thorndale Ave to erect a 5’ fence.
Ayes: All Noes: None Motion Carried

WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
1250 Union Road Minutes #2015-06
West Seneca, NY 14224 June 24, 2015
Page 7
2015-037
Request of Amy Cameron for a variance for property located at 33 Tracy Lynn Lane requesting a continuous deck from house to pool (10’ separation required between house/deck and pool/deck)
Ms. Cameron explained that are looking to rebuild the deck. Jeff Baksa explained that there are a few levels as far as one step. The pool deck that is up higher will be required to have a self closing and self latching gate. Letters of support were signed by Martha Bronstein of 32 Tracy Lynn, Robert Drzewski of 32 Lisa Ann, Stephen Lanza of 39 Tracy Lynn, John Beisiegll of 27 Tracy Lynn, Warren Filer of 38 Tracy Lynn and Rebecca Roloff of 26 Lisa Ann.
No comments were made from the public.
Motion by Hughes, seconded by Marzullo to grant the variance as requested for property located at 33 Tracy Lynn Lane requesting a continuous deck from house to pool.
Ayes: All Noes: None Motion Carried

2015-038
Request of Tommaso Briatico Architects for a variance for property located at 2566 Seneca Street to allow existing drive thru window, reduction in driving stack from 5 to 2 cars (5 cars required, 2 cars requested)
Mr. Briatico explained that the building was expanded 8’ along the entire east wall. There was an existing drive thru counter and it was relocated it on the new wall. The work had been completed and they are now requesting to be able to use the window. This application was sent to the Zoning Board from the Planning Board. Time Elling explained that he was at the site on Sunday morning and he is very concerned about cars being able to back out of the parking spots because they back up directly into the drive thru lane. If the drive thru lane as too many cars in it then cars will begin to stack on Seneca Street which is a hazard as Chairman Elling pointed out. Tim Elling questioned why 5 is the required number when stacking, Jeff Baksa explained because of the square footage and parking spaces.
Attorney John Fenz explained that the applicants are looking for a use variance. In order to order a use variance they need to show that there would be a reasonable return on the property without the variance, that there is not an essential change in the character in the
WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
1250 Union Road Minutes #2015-06
West Seneca, NY 14224 June 24, 2015
Page 8
neighborhood and that the hardship is not self created. He added that it does not seem like it is a self created hardship. John Fenz stated that its within the administrative powers of the Zoning Board to grant a temporary variance for six months.
Susan Kims of 99 Covington confirmed that conditioned with the variance, Mr. Briatico will not be going back to the Planning Board after this meeting with the Zoning Board. The conditions from the Planning Board were that the property owners would complete the fence, which they did, the location of the dumpster had to be moved, which it was and that green space would be added. The Planning Board gave approval, pending that those conditions were met. Mr. Briatico stated that he believes the Planning Board meeting they went to was most likely in August or September of 2014.
Susan Kims stated that in the past when there was a drive thru there were constantly cars that were stacked on Seneca Street.
Attorney Fenz referred back to minutes from the Planning Board that stated to grant site property approval for a 400 sf addition conditioned upon there being a six foot fence along the north property line, relocation of the dumpster, bollards installed near the east entrance of the building and the drive thru shall not be used until the Code Enforcement Officer determines that stacking conforms to the ordinance or a variance is granted by the Zoning Board of Appeals.
The property owner explained that they are losing business by not having the drive thru window open. He explained that customers like the drive thru window because it is convenient for them.
Mike Hughes suggested that if a six month variance would give ample time to figure out whether or not this drive thru will be a public safety issue, Jeff Baksa agreed with that statement.
No further comments were made from the public.
Motion by Elling, seconded by Hughes to grant a 6 month variance for property located at 2566 Seneca Street to allow existing drive thru window, reduction in driving stack from 5 to 2 cars with the stipulation that if any issues come in from the Police or Building and Plumbing Departments before the 6 months, the applicants must come back before the Zoning Board of Appeals.
Ayes: All Noes: None Motion Carried

WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
1250 Union Road Minutes #2015-06
West Seneca, NY 14224 June 24, 2015
Page 9
Tim Elling stated that the Zoning Board of Appeals meeting for December is three days before Christmas so it will be rescheduled for December 9, 2015 with the application cut off bring November 18, 2015.
Motion by Hughes, seconded by Harmon for the December meeting to take place on Wednesday, December 9, 2015 and the publication deadline being November 18, 2015.
Ayes: All Noes: None Motion Carried

Motion by Hughes, seconded by Harmon to receive and file applications 2015-16 and 2012-57.
Ayes: All Noes: None Motion Carried

2013-015
Motion by Hughes, seconded by Harmon to table request of Luigi Collana for a variance for property located at 4130 Seneca Street to erect an LED sign on existing pole sign, existing double face sign to remain (sign not located within 500’ of residence; 20 sf per side allowed, 23 sf requested) until the July Zoning Board meeting.
Ayes: All Noes: None Motion Carried

Motion by Elling, seconded by Hicks to adjourn the Zoning Board of Appeals meeting at 8:08PM.

Respectfully submitted by,

Marleah Martinez
Zoning Board of Appeals Secretary