Zonign Board Minutes 7-22-15

WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
1250 Union Road Minutes #2015-07
West Seneca, NY 14224 July 22, 2015

The regular meeting of the Zoning Board of Appeals of the Town of West Seneca was called to order by Chairman Tim Ellling at 7:00 P.M. followed by the Pledge of Allegiance led by attorney John Fenz 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 Harmon, seconded by 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 Hughes, seconded by Harmon, to approve the amended minutes 2015-06.

Ayes: All Noes: None Motion Carried

WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
1250 Union Road Minutes #2015-07
West Seneca, NY 14224 July 22, 2015
Page 2

OLD 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).
Mr. Collana explained that he would like to use the LED sign to help promote business. It was pointed out by Chairman Elling that the sign is already up, as Mr. Collana was unaware that he needed Town approval. Code Enforcement Officer Jeff Baksa explained that in order to have an electronic sign in the town of West Seneca, a person must go before the Zoning Board if within 500’ of a residential property, the Town Board and then get a building permit. Mr. Baksa stated that Mr. Collana erected the sign before taking any of those three steps and he has turned the sign on numerous times after being instructed by the Building and Plumbing Department not to do so. Jeff also mentioned that there are several restrictions when it comes to having and LED sign, Mr. Collana stated that he has a copy of the regulations. Mr. Collana presented signed letters of consent from his neighbors Elvin Morton of 4114 Seneca Street, Ed Metzger of 4135 Seneca Street and Lisa Kalinowski of 4144 Seneca Street.
Mike Harmon questioned the size of the sign, Jeff pointed out that not only does Mr. Collana have the LED electric sign, he also has another sign. The combination of the two signs puts them over the square footage limit.
No comments were made from the public.
Mike Hughes pointed out that there is not a problem with the square footage of the sign, rather the issue of Mr. Collana disobeying the sign regulations in the past.
Motion by Hughes, seconded by Marzullo to grant the variance as requested erect an LED sign on existing pole sign, existing double face sign to remain, noting that Mr. Collana follows the Town Sign Ordinance.
Ayes: All Noes: None Motion Carried

WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
1250 Union Road Minutes #2015-07
West Seneca, NY 14224 July 22, 2015
Page 3

NEW BUSINESS

2015-039

Request of Virginia Cole for a variance for property located at 3388 Clinton Street to erect a 6’ high fence in corner lot/front yard.

Mrs. Cole stated that she would like to construct the fence for privacy. Jeff Baksa stated that the fence is setback from the street and it should not affect the visibility of the intersection. Ms. Cole failed to bring letters of support from her neighbors. Mike Hughes stated that the letters of consent must state the exact nature of her project, including the height of the fence and the projection.

Motion by Harmon, seconded by Marzullo to table the item until the August 26, 2015 meeting so that Mrs. Cole can submit proper letters of support from her adjoining neighbors.

No comments were made from the public.

Chairman Elling noted that Evelyn Hicks was present at this time.

Ayes: All Noes: None Motion Carried

2015-040

Request of Linda O’Malley for a variance for property located at 32 Circle End Drive to erect a 6’ high fence in side yard.

Thaddeus Mistol came on behalf of Linda O’Malley. He explained that they would like a 6’ fence between the house and the garage for more privacy. It will be a vinyl fence that will match the house. Signed letters of support were signed by the neighbors Mary Szczesniak of 44 Circle End, Dawn Odrzywolski of 43 Circle End, Karen Schubren of 37 Circle End Drive, Jon P. of 49 Circle End, Kathy Luthart of 31 Circle End, Carrie Sitarek of 26 Circle End, Elizabeth Clancy of 68 Circle End and Denise McGuigan of 71 Circle End.

No comments were made from the public.

Motion by Marzullo, seconded by Harmon to grant the variance as requested for property located at 32 Circle End Drive to erect a 6’ high fence in side yard.

Ayes: All Noes: None Motion Carried

WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
1250 Union Road Minutes #2015-07
West Seneca, NY 14224 July 22, 2015
Page 4

2015-041

Request of David and LoriBeth Cavagnaro for a variance for property located at 2 Mosside Loop to erect an 8’ high fence in rear yard.

Mr. Cavagnaro explained that they would like to erect the fence for privacy. He further explained that they have a swale in their yard that is approximately 36”, if they did a 6’ fence at grade it would essentially be a 3’ fence. He explained that they have tried to do natural borders but they have not had any luck due to the deer eating them. Jeff stated that it is a drainage swale. Mr. Cavagnaro explained that they are going to add onto the existing fence and keep it level. There were signed letters of consent from Cherie Lundin of 32 Mosside Loop, Sean Peak of 314 Fisher Road, Tom Murphy of 346 Fisher Road, Dan Bartlebaugh of 38 Mosside Loop, Dawn Murphy of 8 Mosside Loop, Tom Knoop of 306 Fisher Road and Mike Slater of 322 Fisher Road.

Evelyn Hicks asked whether or not an 8’ fence would change the dynamics or character of the neighborhood to which Code Enforcement Baksa stated that the fence is so far back and in the swale, most of the fence will get buried.

No comments were made from the public.

Motion by Hughes, seconded by Hicks to grant the variance as requested for property located at 2 Mosside Loop to erect an 8’ high fence in rear yard.

Ayes: All Noes: None Motion Carried

2015-042

Request of Karl Popek for a variance for property located at 192 Indian Church Road to erect an accessory structure on existing pad 1.42’ from side lot line.

Mr. Popek explained that a tree recently fell on his garage and destroyed it. He would like to replace it and use the existing slab which is not three feet from the property line. Mr. Popek would also like to add an addition off of the back that is eight feet in length. Jeff Baksa stated that if the Zoning Board amends the application to say the existing pad with the continuation of another eight feet.

No comments were made from the public.

WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
1250 Union Road Minutes #2015-07
West Seneca, NY 14224 July 22, 2015
Page 5

Motion by Harmon, seconded by Marzullo to grant the variance for property located at 192 Indian Church Road to erect an accessory structure on existing pad 1.42’ from side lot line, with the continuation of another eight feet off the back of the existing pad.

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

2015-043

Request of Gary Schlia for a variance for property located at 23 Steiner Avenue to construct a covered porch into front setback.

Matt from Kaz builders came to represent Mr. Schlia. Matt explained that they will be constructing a porch onto the front of the house with a roof. Jeff Baksa explained that the Town Code states that uncovered, unenclosed front porches are allowed. Letters of support were signed by Matthew Cotter of 28 Steiner Avenue, Zofia Klimek of 31 Steiner Avenue and Edward Hahn on 17 Steiner Ave.

No comments were made from the public.

Motion by Marzullo, seconded by Hicks to grant the variance as requested to construct a covered porch into front yard setback.

The motion was redone on account of Marzullo abstaining from the vote, as he is a neighbor of Mr. Schlia.

Motion by Hicks, seconded by Hughes to grant the variance to allow a 7’ covered porch.

Ayes: All Noes: None Motion Carried

2015-044

Request of Joel Polino for a variance for property located at 29 Lind Avenue to erect a higher garage than permitted.

Mr. and Mrs. Polino explained that they would like to build a garage for storage, as they do not have a basement or attic for storage. The garage will be located to the right of the

WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
1250 Union Road Minutes #2015-07
West Seneca, NY 14224 July 22, 2015
Page 6

house, it will be 28’ by 28’, its 18’ at peak and 14’ at midline. The overall height of the garage will be 18’ total with approximately 10’ high walls. There were signed letters of support from neighbors Paul Frost of 25 Lind Ave, Brian Wisniewski of 35 Lind Ave, Tom Pfalzer of 32 Lind Ave, Gabriella Farruggia of 32 Willow Drive and David Taria of 24 Willow Drive.

Shawn Hanley from 3266 Seneca Street spoke, stating that he was not for or against the project but he received late notice of this project. Tim Elling suggested tabling the item until the end of the meeting so that Mr. Hanley can take time to look over the plans.

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

Ayes: All Noes: None Motion Carried

2015-045

Request of Scott Rider for a variance for property located at 2426 Seneca Street to demo an existing building and replace it with a new building closer to setbacks than permitted.

Mr. Rider explained that he would like to knock down the building that is there currently and construct a new building that is smaller. He would like to put the building closer to the road than shown in the original foot print. Tim Elling explained that Mr. Rider would like to amend the application, as he would like the building built closer to the road. Jeff Baksa suggested that because of the reduction in parking request, there be a plan in place for snow removal. Those ideas would end up going before the Planning Board. Chairman Elling explained that the front setback would be 0’, Jeff stated that is to be determined at this meeting as Mr. Rider wanted to amend his original application. Mr. Rider stated that he would like a 0’ setback which will keep the building in line with the other buildings Mike Hughes stated that 0’ setback seems very close to the road to which the other board members agreed. Jeff Baksa stated that the building that is there now has been there for years and there has not been a history of issues as far as where it sits.

Mr. Rider stated that the building is going to be one story high. There were signed letters of consent but it did not going into detail about the request with specific dimensions and measurements. The letter was signed by Aleta Fetza of 90 Wildwood Pl, Veva Posaijak of 95 Wildwood, Carrie Hocieniec of 108 Wildwood Upper, Jason Guenther of 90 Wildwood Upper, Richard Annalins of 108 Wildwood, Nancy Hellmann 0f 107 Wildwood, Louis Urbino of 112 Wildwood, Nicholas and Katie Lubkowski of 115 Wildwood and Samuel Lambert and Nadine Anderson of 110 Wildwood.

WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
1250 Union Road Minutes #2015-07
West Seneca, NY 14224 July 22, 2015
Page 7

Susan Kims of 99 Covington Drive stated that the agenda doesn’t mention exact dimensions of the project.

Mike Shea of 2467 Seneca Street stated he would like the item tabled, as the plans of the project are different that what they were originally proposed to be. Mr. Shea lives directly across the street from 2426 Seneca Street. Mr. Shea stated that the drawings that he was shown are different than what is being proposed in tonight’s meeting. Mr. Rider explained that the building will be a laundry mat and potentially a State Farm office. Jeff Baksa reminded the board that the request being made tonight is preliminary and the project will have to go through site plan review, SEQUR and the Planning Board before it is approved.

Mike Shea stated that he and other neighbors were not notified about this proposed project.

No other comments were made from the public.

Motion by Hicks, seconded by Harmon to table the item until the August 26, 2015 meeting , so that the applicant can submit a drawing with accurate dimensions and measurements on it for the proposed plan. He will also need the signatures of the neighbors on a new letter stating the exact nature of the project.

Ayes: All Noes: None Motion Carried

2015-046

Request of Paul Crevatin for a variance for property located at 128 Mill Road to allow a 1’-11” side yard setback, 23’ rear setback and 5’ separation between pool and dwelling.

Mr. Crevatin stated that he would like to demolish a one car garage and construct a two car garage. He has signatures from his neighborsMarilynn Pinkoske of 35 Larkwood, Jean Wald Miller of 132 Mill, Wayne Kicinski of 122 Mill, John Leatherbargow of 125 Mill, Gary Vargovic of 119 Mill and Gary Horron of 110 Mill Road. Jeff Baksa stated that the 10’ separation between the house and the pool is a safety issue so that a person is not walking out of a house and right into a pool. He stated that there is not a door directly from the garage to the pool so the 5’ separation should not be an issue.

No comments were made from the public.

Motion by Hughes, seconded by Harmon to grant the variance for property located at 128 Mill Road to allow a 1’-11” side yard setback, 23’ rear setback and 5’ separation between pool and dwelling.

WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
1250 Union Road Minutes #2015-07
West Seneca, NY 14224 July 22, 2015
Page 8

Ayes: All Noes: None Motion Carried

2015-047

Request of Melissa Bader for a variance for property located at 573 Harlem Road requesting to park in required front yard setback due to garage renovated to living space.

Mr. Notaro, Esq appeared on behalf of the purchaser of the property. He explained that the property was renovated approximately 25 years ago to make the garage into a living space. Mr. Notaro explained that this is now a hardship for the existing owner who is in Chicago and his client because it is a financially imposed burdened that they have to now deal with.

Mr. Notaro pointed out that there have been two major road reconstructions done on Harlem Road since this has been put into place, noting that if there was a problem with the NYSDOT they would have dealt with that issue during the road reconstructions. He stated that this is parking where cars would have normally parked; they are not parking in front of a garage but in front of what is now the home. Mr. Nataro asked that the Zoning Board conditionally approve this until he is able to get the signed letters of consent from Mrs. Bader who currently has them in her possession.

Mike Hughes explained that the DOT has yet to respond. Jeff Baksa stated that the reason for the variance is for a preexisting condition. The Town requires that you do not park in your required front yard setback, which in some instances is 3’ and others its 40’. Jeff stated that majority of the Town parks in their required front yard setback. Attorney John Fenz stated that he would have no problem with doing a conditioned approval upon receipt of the letters. If the letters are not submitted then the Building Department cannot issue the permit. Attorney Fenz stated it would be contingent approval. Jeff explained that if the application is passed contingent upon the signatures the code enforcement officers would go out and do the inspections and write a certificate of code compliance.

Susan Kims of 99 Covington Drive stated that the item was not properly advertised. John Fenz stated that the advertisement does not reflect the property address. Susan Kims also stated that there is an existing driveway in front of the house; she questioned whether or not it is a parking area. Tim Elling stated that is where they park but they need this application in order to continue to park there. Jeff Baksa explained that the Town Code does not say a person has to have a garage, it states that a person cannot park in their required front yard setback which means the first 30’ of a person’s property.

WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
1250 Union Road Minutes #2015-07
West Seneca, NY 14224 July 22, 2015
Page 9

Susan also stated that Mr. Notaro is not representing the resident; he is representing a prospective buyer. Mr. Notaro stated that the home has not changed its footprint and it was built according to the plans that were submitted to the town in the 50’s. He also stated that
he has, under contract, an interest in the property and the application on behalf of his client so it is appropriate for him to be in front of the board.

Tim Elling asked John Fenz about the legal notices that were sent out with the incorrect address on them. Attorney Fenz stated that by law it has to be published in the paper five days beforehand so that neighbors have reasonable notice about what is being proposed. He also stated that the neighbors who would be directly affected by this do have notice, as they have signed letters. Mr. Fenz stated that if the application is granted and someone has an interest against it would subject the board to an Article 78 proceeding. Mike Harmon stated that the front yard setback is not changing so it would not have much of an effect on the neighbors.

Motion by Harmon, seconded by Hughes to approve the conditional variance pending letters from the neighbors for property located at 573 Harlem Road requesting to park in required front yard setback due to garage renovated to living space.

Tim Elling made the motion to close the public hearing.

Ayes: All Noes: None Motion Carried

2015-048

Request of John Crane for a variance for property located at 92 Brookside Drive to demo an old garage and replace with new one, with reduced setbacks.

Mr. Crane will be moving into 92 Brookside within the next few weeks. He would like to build a two car garage that is a little more than 10’ away from the back of the house; it will be on a concrete pad. Mr. Crane stated the garage will not be as close to the road as the house currently is. Jeff Baksa stated that the new garage will be farther away from the lot line than the old existing garage, Mr. Crane is looking to reduce the setback from 30’ to 11’ because it is a corner lot. Mr. Crane brought signed letters of consent from his neighbors Ann Lewis of 100 Brookside, R. O’Neill of 83 and 89 Brookside, and L. Cannan of 86 Brookside Dr.

WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
1250 Union Road Minutes #2015-07
West Seneca, NY 14224 July 22, 2015
Page 10

No comments were made from the public.

Motion by Hughes, seconded by Marzullo to grant the variance as requested to demo an old garage and replace it with a new one with an 11’ setback.

Ayes: All Noes: None Motion Carried

2015-044

Request of Joel Polino for a variance for property located at 29 Lind Avenue to erect a higher garage than permitted.

Motion by Hughes, seconded by Hicks to remove this item from being tabled.

Ayes: All Noes: None Motion Carried

Mr. Hanley stated that he does not have any objections to the Polino’s plans.

Motion by Marzullo, seconded by Harmon to grant the variance as requested for property located at 29 Lind Avenue to erect a higher than permitted garage that will be be 28’ by 28’, its 18’ at peak and 14’ at midline. The overall height of the garage will be 18’ total with approximately 10’ high walls.

Ayes: All Noes: None Motion Carried

Mike Harmon requested that the letters of support the applicants need, be filled out by the Building and Plumbing Department to ensure that the letters state the exact nature of the projects.

Hicks questioned if the applications could be posted to the website.

ADJORNMENT

Motion by Marzullo, seconded by Harmon to adjourn the meeting at 8:23P.M.