August 26, 2015 Zoning Board Minutes

WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
1250 Union Road Minutes #2015-08
West Seneca, NY 14224 August 26, 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 Mike Harmon and 30 seconds of silent prayer.

ROLL CALL: Present - Tim Elling, Chairman
Michael P. Harmon
Evelyn Hicks

Rick Marzullo
Jeff Baksa – Building and Plumbing
John Fenz - Town Attorney

Absent - Michael P. Hughes

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 Harmon, seconded by Hicks, to open the public hearing.

Ayes: All Noes: None Motion Carried

APPROVAL OF PROOFS OF PUBLICATION

Motion by Marzullo, 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 Hicks, seconded by Marzullo, to approve the amended minutes 2015-07.

Ayes: All Noes: None Motion Carried

WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
1250 Union Road Minutes #2015-08
West Seneca, NY 14224 August 26, 2015
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OLD 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.

Ms. Cole appeared at the July 22, 2015 Zoning Board meeting and did not have the proper letters signed by her neighbors. Ms. Cole brought signed letters of consent from her neighbors Erica Druzbik of 3390 Clinton Street (apt B), Mike Sebastiano of 3390 Clinton Street (apt A), Jerome Smith of 20 Inter Dr, Dan Chavanne of 39 Inter Dr, Karen Love of 30 Inter Dr, and Carol Cicoria of 27 Inter Dr.

No comments were made from the public.

Motion by Harmon, seconded by Hicks to grant the variance as requested for property located at 3388 Clinton Street to erect a 6’ high fence on corner lot/front yard.

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 with reduced setbacks and reduced parking.

Mr. Rider. Explained that his plans have changed since her first appeared before the board at the July 22, 2015 Zoning Board meeting. He stated that his new plans are to move the building up to the front of the road and would like to put a parking lot in the back. His proposed building will be even with the other existing buildings that are already there. Tim Elling stated that there are four variances being requested. The first request is for the required parking, the second is the sideyard setback, the third is the front yard setback and the fourth is the parking setback. Jeff explained that Mr. Rider’s proposed plan is using basically the same footprint as the building that is there now.

Mr. Rider brought a signed letter of consent stating the four variances, Tim Elling questioned the part of the letter which stated “parking reduction by two spaces”. Mr. Rider stated that he spoke with John Gullo from the Building and Plumbing Department and they came to the conclusion that the occupancy is retail and 16 spaces are required and he is requesting fourteen spaces. Jeff Baksa stated that originally the way the parking was figured out was requiring 27 spaces because of the type of occupancy. The type of
WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
1250 Union Road Minutes #2015-08
West Seneca, NY 14224 August 26, 2015
Page 3

occupancy that was originally put on property was incorrect. John Fenz stated that the neighbors were given proper notice on the letter that they signed about the proposed plan.
The addresses of the neighbors who signed the letter of consent are 90 Wildwood, 91 Wildwood, 2470 Seneca Street, 2467 Seneca Street, 2460 Seneca and 2456 Seneca. Mr. Rider confirmed that he is intending for there to be two tenants in the building. The first being his laundry mat portion of the building and the other might be a small business of some sort.

Aleta Fetza of 90 Wildwood spoke in support of Mr. Rider’s plans. She explained that his plans for the property will help turn the neighborhood around. Ms. Fetza stated that the other buildings on that corner are great and Mr. Rider’s plans will be a great addition to the neighborhood.

Motion by Elling, seconded by Marzullo to grant the variances as requested for property located at 2426 Seneca street to reduce the parking spaces from 27 to 14, allow a 2’ sideyard setback, allow 2’ front yard setback, and allow 0’ parking setback.

Ayes: All Noes: None Motion Carried

NEW BUSINESS

2015-049

Request of Holly Cellino for a variance for property located at 2 Chambers Road to erect 4.5’ high fence into required exterior side yard (4’ max 10’ past house permitted, 4.5’ max 40’ past house requested)

Mrs. Cellino stated that she would like to erect a fence to ensure safety for their children and use the maximum amount of their backyard. She stated that she got the idea from other neighbors who are also on corner lots and they will be using the same fence company as several of their neighbors. Mrs. Cellino stated that they would like to construct the fence two feet from the sidewalk, just as neighbors on her street have done. Letters of support were signed by neighbors Susan Was of 167 Chancellor Lane, Janelle Kennerdy of 15 Lockhart Rd, Jillian Shanahan of 1 Chambers Road and Telly Forcuccic of 6 Chambers Road.

Evelyn Hicks stated that she prefers the fence be 3’ away from the sidewalk for safety purposes. Tim Elling asked if Mrs. Cellino would be willing to erect the fence three feet off of the sidewalk. She stated that she went off of what the other houses in the area and on her street have done. Mike Harmon stated that the board has been leaning towards erecting fences no closer than three feet to the sidewalk. Mrs. Cellino stated that she would be willing to erect the fence three feet from the sidewalk.
WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
1250 Union Road Minutes #2015-08
West Seneca, NY 14224 August 26, 2015
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William Reeves 175 Bullis Rd spoke and supported Mrs. Cellino’s fence being erected only 2.5 feet away from the sidewalk. He stated that other fences in the area are the same length away from the sidewalk as her proposed plan and having all the fences in unison would be
more appealing to the eye. Tim Elling explained that the board prefers that fences are erected no closer than three feet to the sidewalk for a safety reason.

No other comments were made from the public.

Motion by Harmon, seconded by Marzullo to grant the variance for property located at 2 Chambers Road to erect a 4.5’ high fence into required exterior side yard with the stipulation that the fence be 3’ off the side walk.

Ayes: All Noes: None Motion Carried

2015-050

Request of Susan Ortman for a variance for property located at 118 Fisher Road to erect a 6’ fence in sideyard (requesting 6’, 4’ permitted).

Ms. Ortman explained that she would like to erect a stockade fence across her back yard and down the side, keeping it 6’ high the whole way around. There is a section of about 5’ by 12’ that needs the variance to erect the 6’ fence. Ms. Ortman explained that there is garbage in her back yard from the neighbors, she also stated that their yard is not well maintained. Ms. Ortman stated that she would like to erect this fence so she does not have to look at her neighbors’ garbage every time she walks outside.

Letters of support were signed by Martin and Lisa Morgan of 122 Fisher Road, Mike and Patti English of 106 Fisher Road and Lawrence Piskorawski of 114 Fisher Road.

No comments were made from the public.

Motion by Marzullo, seconded by Hicks to grant the variance as requested for property located at 118 Fisher Road to erect a 6’ fence in side yard.

Ayes: All Noes: None Motion Carried

2015-051

Request of Timothy and Julie Aguglia for a variance for property located at 61 Pamela Court to erect porch and mudroom on front of house into front yard setback (30’ front setback required, 21’ requested)
WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
1250 Union Road Minutes #2015-08
West Seneca, NY 14224 August 26, 2015
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Andrew Widrick of Kaz Company came on behalf of the Aguglia’s. He stated they would like to add a front mud room and entry onto the front of the house. The front entrance currently is about a 5’ by 5’ concrete pad and they would like to extend it so they have more space. Mike Harmon stated that the proposed mudroom will be the same distance from the front yard, it will just being going across the front of the house which is why the variance is required. Jeff Baksa explained that the code states a person can have an uncovered, unclosed front porch 25% into a person’s setback.

Letters of consent were signed by Gary Zawonzinsia of 55 Pamela Ct, Ron Kosowski of 67 Pamela Ct, Larry Herr of 68 Pamela Ct, Louis DeCarlo of 73 Pamela Ct, Ken Bargar of 56 Pamela Ct, Shirley Ann Niansell of 50 Pamela Ct, Patrick Milligan Jr. and Sr. of 44 Pamela Ct, R. Minear of 43 Pamela Ct, Ralph Casallen 0f 49 Pamela Ct and Mark Sullivan of 62 Pamela Ct.

No comments were made from the public.

Motion by Harmon, seconded by Hicks to grant the variance for property located at 61 Pamela Court to erect a porch and mudroom on front of house 21’ into front yard setback.

Ayes: All Noes: None Motion Carried

2015-052

Request of West Seneca Vet Club for a variance for property located at 965 Center Road to make a smoking area outside with white picket fence and gate fence 36” to 42” high.

Jim Lazaros, Chairman of the board of the Vet Club, stated that they would like to create a safe area for smokers to go. He explained the entrance is on the side of the building, the entrance where the proposed plan will go is used frequently. Tim Elling pointed out that the smoking area is already there, Mr. Lazaros stated they were unaware they needed a variance. Mr. Lazaros stated that it is fairly easy to remove the smoking area, as it will not be up during the winter months.

As far as safety goes, Jeff Baksa stated that in the past a bollard or a system that would do the same as a bollard would be required to protect from traffic. Jeff pointed out that they are required to have all of their business conducted inside of the facility as that is what they are zoned for. Mr. Lazaros explained that when a person drives into the parking lot, there is a large piece of army equipment that is on cement pad between where cars enter and where the smoking area is located. Jeff Baksa stated that the variance could be granted; contingent upon the Vet Club meeting the Building Departments requirements for a safety system, Attorney Fenz confirmed this.
WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
1250 Union Road Minutes #2015-08
West Seneca, NY 14224 August 26, 2015
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Motion by Harmon, seconded by Marzullo to grant the variance for property located at 965 Center Road to make a smoking area outside with white picket fence and gate fence 36” to 42” high, contingent upon meeting with the building department and meeting the requirements for a safety system.

Ayes: All Noes: None Motion Carried

2015-053

Request of Mark Jaworski for a variance for property located at 180 Westminster to erect new warehouse building on vacant lot (old house removed) (front yard setback: 50’ required, 30’ requested; sideyard setback: 75’ required, 6’ and 34’ requested; parking setback: 10’ required, requesting 6’,3’,2’)

Mr. Jaworski explained that he runs a construction company and he and his partner would like to construct a warehouse to store their trailers. He explained that it is just he and his partner, they do not have any employees and they would like to add a future use office on the side of the building. Letters of consent were signed by Harold Bihr a2 211 Westminster, Laura Lietter of 186 Westminster, Maureen Larson of 183 Westminster, Gary Bates of 168 Westminster and Al Szaras of 172 Westminster.

Jeff Baksa stated that the building department has no issues with the proposed plan. The property has sat there with a vacant house for several years and now something productive is being done with the property.

No comments were made from the public.

Motion by Harmon, seconded by Hicks to grant the variance for property located at 180 Westminster to erect a new ware house building on vacant lot as requested for 30’ front yard setback, sideyard setback 6’ and 34’ and parking setbacks of 6’, 3’ and 2’ granted.

Ayes: All Noes: None Motion Carried

2015-054

Request of Pat Hanley for a variance for property located at 5202 Seneca Street requesting milling surface lot.

Mr. Hanley explained that he needs to get the parking lot graded so they can fix the drainage problem. He stated that they bought the building last year and it was a disaster

WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
1250 Union Road Minutes #2015-08
West Seneca, NY 14224 August 26, 2015
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and they have been fixing it up ever since. Letters of support from neighbors were signed by Ed Agnello of 5230 and 5220 Seneca Street and William Reeves of 175 Bullis Road.

William Reeves spoke and stated that his main concern is the fact he has standing water in his yard and hopefully this proposed plan will fix the problem.

No other comments were made from the public.

Motion by Elling, seconded by Harmon, to approve the variance for property located at 5202 Seneca Street to grant milling surface lot.

Ayes: All Noes: None Motion Carried

2015-055

Request of Christopher and Nancy Rusin for a variance for property located at 22 Carmelite Drive to erect accessory structure (deck) closer than 10’ to house (5’ requested).

Mr. Rusin stated that his yard slopes from east to west and the ease of accessibility to the pool is the reason for the variance. Mr. Rusin explained that he has had several knee operations and he utilizes his pool for physical therapy. Letters of consent were signed by Conrad Buchio of 36 Carmelite Drive, Bill and Charlene Mindel of 14 Carmelite Drive and Annette Szafranski of 30 Carmelite Drive. Mr. Rusin’s doctor also sent a letter explaining that aquatic therapy has been helpful for his knee problems and it is “beneficial from a medical standpoint” for the deck to be close to his house.

No comments were made from the public.

Motion by Harmon, seconded by Marzullo to grant the variance as requested to erect an accessory structure (deck) 5’ from the house.

Ayes: All Noes: None Motion Carried

2015-057

Request of Hazel Weaver for a variance for property located at 76 Harlem Road to erect 6’ fence on side yard from front of house to back.

Ms. Weaver explained that she would like to erect a 6’ fence along the side of her house. Tim Elling pointed out that there is already a fence in the front of the house and has been there for several years.
WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
1250 Union Road Minutes #2015-08
West Seneca, NY 14224 August 26, 2015
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Tim Elling questioned how far away from the neighbors house the proposed fence would be he also asked if Ms. Weaver brought any neighbor letters. She stated that she has been unable to get in contact with any of her neighbors and does not have any letters.

Code Enforcement Officer Jeff Baksa stated that there is a long history between the neighbors. Jeff pointed out that the windows along the side of the neighboring house could potentially be an issue. He stated that they need to find out how high up on the house the windows are and how high up they are compared to the height of the proposed fence. Jeff stated that if they are bedroom windows then they have to be egress able. If the fence will be blocking the window making it impossible to egress, then it would be going against several New York State fire codes.

Motion by Elling, seconded by Harmon to table the item until the September Zoning Board meeting until signatures of approval can be obtained from neighbors and until the height of the windows can be determined.

No comments were made from the public.

Ayes: All Noes: None Motion Carried

2015-056

Request of Barry Horan for a variance for property located at 136 Tampa Drive to erect a garage higher than permitted 13’ to mid roof, 17’ overall height (12 max permitted)

Mr. Horan explained that he would like to erect a pole barn that will be 7’ off the back property line. He will be using the barn for storage and will not be extending the driveway. Mr. Horan explained they have four vehicles and in the winter they are having a difficult time fitting all of the in the driveway with where the current garage is now. Letters of consent were signed by Ray Cedri of 138 Tampa Drive, Ruthann Szychowski of 113 Tudor Blvd, Agnes West of 132 Tampa Drive, Rich Fay of 121 Tudor Blvd anf Scott Lustan of 135 Tudor Blvd.

No comments made from the public.

Motion by Marzullo, seconded by Elling to grant the variance as requested for property located at 136 Tampa Drive to erect a garage 13’ to mid roof, 17’ overall height.

Ayes: All Noes: None Motion Carried

WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
1250 Union Road Minutes #2015-08
West Seneca, NY 14224 August 26, 2015
Page 9

2015-058

Request of John Sebastiano for a variance for property located at 115 Creekward to extend attached garage into rear yard setback (30’ rear yard required, 5’ provided; 70% rear yard to be green; 12’ allowed, 15’ requested).

John Sebastiano of M.F. Sebasyiano and Sons Inc. came to represent Bill Metzger. Tim Elling pointed out that Mr. Sebastiano brought letters but they did not state the exact nature of the project. Jeff Baksa and Mike Harmon explained that Mr. Sebastinao can come to the building department and review the layout of a letter he can use to have the neighbors sign that state the exact plan of the proposed project.

No comments were made from the public.

Motion by Elling, seconded by Harmon to table the variance for property located at 115 Creekward to extend attached garage into rear yard setback until the September meeting so that Mr. Sebastiano can obtain the proper letters from the neighbors.

Ayes: All Noes: None Motion Carried

ADJORNMENT

Motion by Marzullo, seconded by Harmon to adjourn the meeting, 8:18 P.M.