Zoning Board Minutes September 23, 2015
WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
1250 Union Road Minutes #2015-08
West Seneca, NY 14224 September 23, 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 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 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 Harmon, to approve the amended minutes 2015-08.
Ayes: All Noes: None Motion Carried
WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
1250 Union Road Minutes #2015-08
West Seneca, NY 14224 September 23, 2015
Page 2
OLD BUSINESS
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.
Jeff Baksa stated that Ms. Weaver has withdrawn her application. She will be erecting a 4’ fence instead of a 6’ fence. Attorney Fenz stated that the application has been received and filed and there is no need to make a motion on it.
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 came to represent Mr. Metzger of 115 Creekward Dr. Mr. Sebastiano brought letters of consent signed by neighbors Joyce Rodgers of 64 Eastwood Dr, Judy Ward of 109 Creekward Dr and James Kalanducll. The letter of support from the surrounding neighbors did not state exact dimensions and Attorney Fenz reminded the board that over the past year the board has generally requested numeric information on the neighbor letters. Mr. Sebastiano and Code Enforcement Officer Jeff Baksa assured the board they a copy of the site plan was attached to the letter signed by the neighbors. Evelyn noted that for future reference the board requests and requires that numeric’s and exact dimensions are to be clearly stated on the letters signed by the neighbors. Jeff Baksa stated that for the record, a drawing of the proposed plan was attached to the letter signed by the neighbors.
No comments were made from the public.
Motion by Harmon, seconded by Hughes to grant the variances as requested to allow 5’ rear yard setback, 70% rear yard to be green and a height not to exceed 15’.
Ayes: All Noes: None Motion Carried
WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
1250 Union Road Minutes #2015-08
West Seneca, NY 14224 September 23, 2015
Page 3
NEW BUSINESS
2015-059
Request of Mogeeb Nagi for a variance for property located at 175 Chancellor Lane to erect a 6’ fence in front and sideyard, pool and shed in sideyard, rear yard permitted.
The applicant was not here at this time.
Motion by Hicks, seconded by Hughes to table the request until the end of the meeting.
Ayes: All Noes: None Motion Carried
2015-060
Request of Jamilyn Woodside for a variance for property located at 269 Ansley Court to erect a 6’ high fence in side and rear lot setbacks.
Ms. Woodside stated that she and her family live on a corner lot and would like to erect a fence to enclose their yard for the safety of their child and they dog. She stated that her neighbors have a 6’ high fence and the proposed fence will be the same height as the neighbors. Ms. Woodside brought a signed letter of support from her neighbors Elizabeth Goodman of 260 Ansley Ct, Chuck Skowran of 254 Ansley Ct, Don LaRotorda of 596 Center Road, Ken Hynds of 253 Ansley Ct and Jeff Mitri of 268 Ansley Ct. The house behind Ms. Woodsides is currently vacant which is why they did not sign the letter.
No comments were made from the public.
Motion by Hicks, seconded by Marzullo to grant the variance as requested for property located at 269 Ansley Court to erect a 6’ high fence in side and rear yard setbacks.
Ayes: All Noes: None Motion Carried
2015-061
Request of Mike Hillman for a variance for property located at 175 Northwood Drive to erect new garage closer to road than allowed.
The applicant was not here at this time.
WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
1250 Union Road Minutes #2015-08
West Seneca, NY 14224 September 23, 2015
Page 4
Jeff stated that he wrote up a signature letter for Mr. Hillman to use, as the existing house is being town down and they will be using the existing foundation which puts the house 5’8” off the property line.
Motion by Tim Elling, seconded by Harmon to table 2015-059 and 2015-060 to table the items until the October 28, 2015 Zoning Board of Appeals meeting.
Ayes: All Noes: None Motion Carried
Evelyn stated that the application 2015-059 was light and heard to read, requested that it be darkened.
John Fenz stated that at the October 22, 2014 meeting the Zoning Board heard application 2014-055 for 4560 Clinton Street which sought several variances including a required screening. The Zoning Board made the determination that a temporary variance would be issued to install screening by June 15, 2015. Under the Town Code, screening specifies several different types of screening, one of those being compact Evergreen hedge which reaches 5’ within three years or solid fencing. John stated that it seems as though there is an issue determining whether or not this stipulation has been complied with.
Jeff Baksa stated that in the beginning of July he went out to look at the property and since then, the owner of the property has planted more trees, showing that he is making an attempt to meet the requirements set by the board. Attorney John Fenz stated that the board could make a motion to reconsider this matter within 30 days as to whether the evergreen hedge meets the screening requirements. Mr. Fenz stated that in the meantime, Jeff Baksa should contact the applicant for him to come in to compliance with the requirements.
Tim Elling explained that all of the board members have gone out to the property on their own and as far as Mr. Elling is concerned, it does not meet the screening requirement. All of the board members stated that they do not believe the current screening is sufficient, stating that the trees are high enough but they are not wide enough. Attorney John Fenz stated that when dealing with the screening issues, the board is mainly dealing with the compactness of the screening.
WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
1250 Union Road Minutes #2015-08
West Seneca, NY 14224 September 23, 2015
Page 5
Tim Elling stated that it is the board’s determination that the applicant needs to appear before the board. John Fenze suggested that the board make a motion that it does not meet the standards required in the 2014-055 variance.
Motion by Harmon, seconded by Hughes that the variance for property located at 4560 Clinton Street does not meet the standards required in the variance granted at the October 22, 2014 Zoning Board meeting.
Chairman Elling stated he received a letter dated 8/22/2015 from Brian Doster of 3361 Clinton Street, regarding Millers Bar and Restaurant 3373 – 3377 Clinton Street. The letter stated that Millers had closed on 8/16/2014 and it is now 8/22/2015 and they are still closed. According to Town Code, the bar restaurant passed the one year deadline to reopen the business in the residential zoning. The letter went on to state that Millers operated in a nonconforming use and were grandfathered in, allowing them to operate in a residential zoning.
Received and filed.
ADJORNMENT
Motion by Marzullo, seconded by Hughes to adjourn the meeting at 7:32 P.M.