October 28, 2015 Minutes
WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
1250 Union Road Minutes #2015-010
West Seneca, NY 14224 October 28, 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 Michael Harmon and 30 seconds of silent prayer.
ROLL CALL: Present - Tim Eling, Chairman
Michael P. Harmon
Evelyn Hicks
Michael P. Hughes
Rick Marzullo
Jeffrey Baksa, Code Enforcement Officer
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 Marzullo, 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 Minutes #2015-009.
Ayes: All Noes: None Motion Carried
WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
1250 Union Road Minutes #2015-010
West Seneca, NY 14224 October 28, 2015
Page 2
OLD BUSINESS
2011-060
Request of Dennis Sullivan for a variance for property located at 1481 Orchard Park Road to allow chickens on the property.
Chairman Elling spoke with the West Seneca Police Department and there have been no reports or complaints over the past year in regards to this property. Mr. Sullivan stated that he has seven chickens and no hens.
No comments were made from the public.
Motion by Hughes, seconded by Hicks to grant a one year variance as requested for property located at 1481 Orchard Park Road to allow chickens on the property.
Ayes: All Noes: None Motion Carried
2011-047
Request of Lynda Otto for a variance for property located at 183 Westclif Drive to allow chickens on the property.
The applicant informed Chairman Elling that she would not be present at the meeting.
No comments were made from the public.
Motion by Harmon , seconded by Marzullo to table the variance until the December 9, 2015 Zoning Board meeting.
Ayes: All Noes: None Motion Carried
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 present at the meeting at this time.
WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
1250 Union Road Minutes #2015-010
West Seneca, NY 14224 October 28, 2015
Page 3
Motion by Hicks, seconded by Hughes to table the variance until the end of the meeting, as the applicant was not present at this time.
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 the road than allowed.
Mr. Hillman stated that he purchased the home approximately one year ago with the plan to fix the house up. He explained that there is a detached garage that sits in the rear of the house and it is beyond repair. He and his wife made plans with an architect to bring the home down to the first floor and keep the existing foundation. Mr. Hillman is planning on taking down the detached garage and adding an attached garage with the master suite above it. Code Enforcement Baksa explained that the setback is different than the setback required which is why Mr. Hillman is before the board. The total square footage of the house will be 2,800 square feet and it is currently approximately 1,500 square feet.
Mr. Hillman brought letters signed from his neighbors Jason Space of 161 Northwood Ave, Bryan Eggleston of 183 Northwood Ave, Carol Mallozzi of 176 Northwood Ave and Ron Oakes of 168 Northwood Ave.
Susan Kims of 99 Covington Drive spoke and asked whether or not the original footprint of the house is being changed when the garage becomes attached to the house. Jeff Baksa stated that a person is required to have a continuous foundation any time there is an attached garage so they would be required to do a trench footer. The attached garage does not count as square footage because it is not considered living space. Mr. Hillman stated that there is at least 50’ between where the proposed garage is going to go and where his neighbors garage is located.
Motion by Harmon, seconded by Marzullo, to grant the variance for property located at 175 Northwood Drive as requested to allow a 24’-4” front yard setback for the house and a 16’ setback for the garage.
Ayes: All Noes: None Motion Carried
WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
1250 Union Road Minutes #2015-010
West Seneca, NY 14224 October 28, 2015
Page 4
NEW BUSINESS
2015-062
Request of Thomas Deneen for a variance for property located at 29 Amana Place to close off room out of garage, losing required parking spaces.
Mr. Deneen stated that the room is a utility/mud room/ entrance way that leads into the house. Mike Harmon pointed out that the garage is only big enough to park one car although it is a two car garage. Jeff Baksa pointed out that the Town Code states that a person is not permitted to park in their required front yard setback, a person must have the ability to park two cars in any single family home out of the 30’ setback. Mr. Dennen brought signed letters from his neighbors Elvin Morton of 4114 Seneca Street and Paul Kelly of 35 Amana Place.
No comments were made from the public.
Motion by Hicks, seconded by Harmon , to grant the variance as requested for property located at 29 Amana place to close off garage and have the ability to park one car in his front yard setback.
Ayes: All Noes: None Motion Carried
2015-063
Request of Patricia Fureman for a variance for property located at 219 St. Jude Terrace to erect an above ground pool 8’ from house.
Mrs. Fureman stated that they want to put in a pool 8’ from the house. She is requesting 8’ instead of 10’ because of power lines that are in her backyard. Evelyn Hicks asked about the other section of the yard, whether or not they could erect the pool in a different section. Mrs. Fureman stated that her husband does not want to erect the pool in a different section of the yard. The pool will be 12’ in diameter and the pool will be 3’ from the property line. Letters of support were signed from Gloria Kozlowski of 225 St. Jude Terrace, Violet Ryszitiewoz of 67 Bosse and David Speth of 211 St. Jude Terrace.
No comments were made from the public.
Motion by Hughes, seconded by Harmon , to grant the variance as requested to erect an above ground pool 8’ from house.
WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
1250 Union Road Minutes #2015-010
West Seneca, NY 14224 October 28, 2015
Page 5
Ayes: Hughes, Elling, Harmon, Hicks Noes: Marzullo Motion Carried
2015-064
Request of Kevin Lorenz for a variance for property located at 946 Seneca Creek Road to erect a detached garage taller than permitted.
Mr. Lorenz stated that he would like to erect a pole barn that will be 14’8” to the middle of the tress. The total height will be 17’4” with 12’ walls. Mr. Lorenz brought signed letters from John Westwood of 927 Seneca Creek, Anthony Burry of 936 Seneca Creek, Jay Pawley of 894 Seneca Creek, Fred Hahn 0f 1018 Seneca Creek and Michael Swarky of 928 Seneca Creek. Mr. Lorenz was unable to get a signature from his neighbor at 968, as they are not cooperative, those neighbors are on the opposite side of where the proposed pole barn will be erected. Jeff Baksa asked about the drainage ditch in the front, Mr. Lorenz stated that he received approval from the county to fill it with stone. Code Enforcement Officer Baksa pointed out that the Town Code states that all driveways must be of a non dust producing surface such as blacktop, binder, concrete etc. Jeff Baksa requested a copy of the letter Mr. Lorenz received from the County stating that it is okay for him to fill in the culvert. Mike Harmon suggest that Mr. Loren binder the driveway, he agreed to this but stated that it would be a little down the road when the driveway is installed.
Anthony Burry spoke and stated that he supports Mr. Lorenz and has been assisting him with the project.
No other comments were made from the public.
Motion by Harmon, seconded by Hughes, to grant the variance as requested for property located at 946 Seneca Creek Road to erect a pole barn 14’8” to middle of roof with the stipulation that Mr. Lorenz binder the driveway when it is installed, contingent upon on a letter provided from the County.
Ayes: All Noes: None Motion Carried
2015- 065
Request of Terrance and MaryBeth McElligott for property located at 238 Schultz Road to erect a 6’ tall privacy fence from the northwest and northeast corners of the house to the perimeter of the property northward.
WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
1250 Union Road Minutes #2015-010
West Seneca, NY 14224 October 28, 2015
Page 6
Mrs. McElligott stated that they live on a corner lot and are only permitted to have a 4’ fence. They would like a 6’ fence for privacy and also for their dog, the fence will be 3’ from the sidewalk. Mrs. McElligott brought letters signed by Gregory Bienits of 236 Schultz, Christopher Garceo of 240 Schultz, Gene Accordino of 321 Schultz, Michael Biondolillo of 335 Schultz, Lynn McIvor of 350 Schultz and Angeline Sage of 2 Pine Court North. There will be one gate that will be on the Schultz Road side, when looking at the house it will be on the left hand side.
No comments were made from the public.
Motion by Hughes, seconded by Marzullo, to grant the variance as requested for 238 Schultz Road to erect a 6’ privacy fence 3’ off of the sidewalk.
Ayes: All Noes: None Motion Carried
2015- 066
Request of Bart Adams for property located at 1510 Orchard Park Road to erect a fence closer to lot line and erect structure 3’ from front lot line.
Mr. Adams stated that he is planning on having indoor storage and climate control at this location. There will also be some storage units outside and he will have storage of boats, RV’s etc. outside as well. Joshua Best, Mr. Adams’ consultant was also present for this meeting. Mr. Adams explained that the property is in rough shape and Mr. Adams would like to clean it up. Tim Elling asked for a current survey which Mr. Adams provided to him, Mr. Elling pointed out that the survey is incorrect, as it does not show the water line going through the middle of the property. Jeff Baska pointed out that the current fence on this property has always been an issue, as it is continuously falling down and falling apart. Mr. Adams stated that the material for the new proposed fence will be chain link but there will be privacy slats in the fence as well as a mesh material on the outside for privacy. Mr. Adams plans on erecting just the chain link fence with the black slats towards the back of the property that faces the houses and the fields. Tim Elling suggested that Mr. Adams considering using the anodized aluminum fence, as it gives a nice appearance and might be a better fit for cars coming into West Seneca from Orchard Park. Mr. Best stated that they would like to construct an ornamental 6’ aluminum fence at the corner and landscape it so it gives a welcoming look. The decorative fence will go behind the light poles that are on Mr. Adam’s property. Attorney Fenz asked if it would be out of the right away according to the survey, Mr. Best stated that the survey shows that it would in fact be out of the right of way.
WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
1250 Union Road Minutes #2015-010
West Seneca, NY 14224 October 28, 2015
Page 7
Evelyn Hicks asked if the Board required Mr. Adams to use a fence that could be seen though, for safety reasons, would be willing to do so. Mr. Adams stated that he would be open to it and he is not opposed to it, he would like the privacy fence for both security and he doesn’t want the neighbors to have to see everything that will be stored on the property. Mr. Adams stated that currently there is a collision shop on the property that will eventually be converted to a storage unit. The side of the new building will be 20’ by 110’, the same size as building C on their diagram.
Tim Elling pointed out that the neighbor letter does not state the exact dimension or details of the proposed fence. The letter was signed by Jennifer Fahey of 1497 Orchard Park Road, Ron K of 71 Reserve Road, Frances Nolan of 49 Reserve Road, David Frost of 26 Reserve Road and Dennis Sullivan of 1481 Orchard Park Road. Tim Elling pointed out that it is imperative that the letters signed by the neighbors stated the exact proposed plan so the neighbors are aware of what will be going on.
Collectively, the board members stated that they would not like a chain fence, they prefer the anodized aluminum fence. Jeff Baksa pointed out as far as screening for the business, would it be better off to have screening to not see the business or to have a nice fence with no screening to see into the property, which will be addressed at the Planning Board meeting. Mr. Adams mentioned something about an LED sign and Mike Hughes pointed out that it would be an additional variance. Evelyn Hicks suggested that the item be tabled until the next meeting so that the details can be worked out. Mr. Adams stated that some of the fence in the back facing the neighbors has been taken out and he would not like to stop mid project at this point.
Mr. Adams stated that he will do the anodized aluminum fence, as he would like to appease the board and get the fence erected as soon as possible. The board requested that the Reserve Road and the Orchard Park sides be the anodized aluminum fence, Mr. Adams agreed to this. Jeff Baksa explained that continuing with a solid wooden fence where there currently is one would be the best idea, as the Planning Board will require there to be screening along the side of the property where the houses are located.
Mr. Sullivan spoke from the public and stated that he is in favor of the proposed plan. He and the other neighbors are looking forward to the property being cleaned up and made to look nicer.
No comments were made from the public.
WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
1250 Union Road Minutes #2015-010
West Seneca, NY 14224 October 28, 2015
Page 8
Motion by Elling, seconded by Harmon, to grant the variance for property located at 1510 Orchard Park Road to erect a 6’ anodized aluminum fence around the front and side up to the building closer to lot line and have a solid screening fence along the side of the neighbors properties, contingent upon bringing signatures stating the exact nature of the fence from the neighbors to the Building and Plumbing Department.
Motion by Hicks, seconded by Hughes to table the other two variances requesting to erect a building 3’ from the front lot line and any sign that Mr. Adams would like to erect.
Jeff Baksa explained that any time there is a change of tenant in the town, there should be a change of tenant building permit. After that there would be a fire inspection of the property, suggesting that Mr. Adam goes over that paperwork when he brings the neighbor signatures to the Building and Plumbing Department.
Ayes: All Noes: None Motion Carried
2015-067
Request of Akram Alkhulaqi for a variance for property located at 2566 Seneca Street to erect an electronic message sign.
Mr. Alkhulaqi stated that he installed a sign to help promote his business. He would like to turn it on at six in the morning until ten o’clock at night. Jeff Baksa stated that the LED sign is below the existing sign and it is not yet in use, as Mr. Alkhulaqi did not realize he needed to be approved to use the sign until after he had it installed. Attorney Fenz pointed out the requirements that need to be met, it will not alter the characteristics of the neighborhood, it’s not a self created hardship, without the variance could not yield variable return and plight is not due to unique circumstances to the property. Mr. Alkhulaqi submitted letters signed by neighbors from 23 Columbia, 28 Benson Ave, 18 Columbia, 2599 Seneca Street, 30 Columbia Pkwy and 2575 Seneca Street. Chairman Elling pointed out that none of the neighbors who signed the letter are immediate neighbors. Mr. Elling pointed out that Mr. Alkhulaqi should get signatures from 2550 Seneca Street, 2570 Seneca Street and 17 Columbia Pkwy. Mr. Alkhulaqi opened his business approximately 4 months ago and came before the board regarding the drive thru. Mr. Alkhulaqi’s cousin Abdul came to speak on behalf of him, explaining that they were unaware they needed a variance for the LED sign. Mr. Hughes pointed out that Mr. Alkhulaqi does not meet the requirements set by the Electronic Message Signs code at this time, as the immediate neighbors did not sign the letter. Mike Harmon asked about whether or not Mr. Alkhulaqi was asked to participate in posting information on his sign in the event of any emergencies. Mr. Alkhulaqi stated that he has not been asked. Mr. Harmon also asked about the light level on the sign and whether or not it will cause a glare, pointing out that it must have an automatic dimmer according to the Electronic Message Sign Town Code. Jeff Baksa pointed out that Mr. Alkhulaqi could contact whoever installed the sign regarding the specifications of the sign.
No comments were made from the public.
Motion by Hughes, seconded by Marzullo to table the variance for property located at 2566 Seneca Street until the December 9, 2015 so that proper letters of support can be submitted.
Ayes: All Noes: None Motion Carried
2015-068
Request of Johnathan Schmid for property located at 1777 Union Road requesting 60SF on each side of the sign (40SF allowed max)
The applicant was not present at this time.
Motion by Harmon, seconded by Hicks to table the variance for property located at 2566 Seneca Street until the end of the meeting.
Ayes: All Noes: None Motion Carried
2015-069
Request of Abdulhafed Khulaqi for a variance for property located at 2600 Seneca Street to allow a temporary structure for storage on permanent basis.
Mr. Khulaqi stated that he currently has a trailer on the property that he uses to store tires. Evelyn Hicks suggested that Mr. Khulaqi erect a permanent structure or a fence which is allowed under the Town Code. Mr. Khulaqi’s friend, Abdul, came to translate for him. Rick Marzullo agreed with Evelyn and pointed out that the appearance is not something that looks good or fits in with the neighborhood. Attorney Fenz pointed out that Mr. Marzullo is stating that it would create an undesirable change in the neighborhood to allow this temporary structure to be permanent.
Susan Kims of 99 Covington spoke, stating that Mr. Khulaqi could dispose of the tires instead of keeping them in a trailer on his property.
Shawn Martin of 2611 Seneca Street, directly across from Mr. Khulaqi’s property spoke stating that not only does he have a problem with the trailer but also with the number of vehicles on the property. Mr. Martin stated that the property is allowed to have seven vehicles and he has seen between 10-12 vehicles on that property at any given time. He stated that the property is turning into a junkyard and it is not a good look for the town. Mr. Martin stated that he spoke to his neighbor at 2607 Seneca Street who stated his son signed the letter of support but the owner of the property does not support this variance request.
Evelyn Hicks questioned what Mr. Khulaqi would do, should this variance request be denied. Jeff Baksa pointed out that there is currently a fence there that is a preexisting non conforming fence. The tires can be store outside as long as they are in a screened area, although the board would prefer that they be under a covered structure. Mr. Khulaqi stated that he gets the tires picked up and recycled approximately one time per month, as he does not have more than twenty tires for recycle on his property at any given time.
Motion by Elling, seconded by Marzullo to deny the request for property located at 2600 Seneca Street to allow a temporary structure for storage on permanent basis.
Motion by Hughes, seconded by Elling to amend the motion and make a new motion to deny the request for property located at 2600 Seneca Street to allow a temporary structure for storage on permanent basis and to have the current structure removed within 30 days.
Ayes: All Noes: None Motion Carried
2015-070
Request of Peter Johnson for variance for property located at 231 Orchard Park Road to allow reduction of number of parking spaces from 8 to 4 spaces (reduce spaces from 8 to 4; reduce front yard from 50’ to 29.5’; parking in setback)
Mr. Johnson stated that he is a financial planner and he purchased this property and has to install parking for his business. He explained that his engineer, Susan King, spoke with the NYSDOT since it is a state road regarding the proposed project. Mr. Johnson stated that they will be adding paved parking in the front of the property, as the backyard is much lower than the front yard is. He explained that he does not have more than one or two customers coming in at a time and his hours of operation are from nine in the morning until six at night. Susan King stated that the NYSDOT’s main concern is to have green space between the sidewalk and the proposed parking area. Susan explained that are planning on doing some landscaping and adding bushes and plants in this area. Letters of consent were sign by Anna Lawson of 225 Orchard Park Road, Sonja Krauza of 237 Orchard Park Road, Elizabeth Humend of 81 Packford Pl and Peter Lezlie of 250 Orchard Park Road,
Jeff Baksa stated that his only concern is that the fence ends at the corner of the house to the south, coming out in front of the parking spaces is the remainder of the house and the front porch. Mr. Baksa asked if Mr. Johnson has any intension of continuing the fence to go up further to provide screening for the house. Mr. Johnson stated that he is not opposed to adding a 6’ fence to the existing fence to screen the parking spaces. The snow storage will primarily be in the backyard, as there is plenty of room to take any snow. Mike Harmon asked about signage out-front of the building and Mr. Johnson stated that in the future there will be a sign but there are no plans for one at this time.
No comments were made from the public.
Motion by Elling, seconded by Hughes to grant the variance for property located at 231 Orchard Park Road to allow reduction of number of parking spaces from 8 to 4 spaces and to erect a 6’ fence from the existing fence to the end of the neighbors’ house.
Ayes: All Noes: None Motion Carried
2015-071
Request of West Seneca Code Enforcement Office for a variance requesting the interpretation of item #2015-041 of 7/22/15 ZBA meeting – approved 8’ fence.
Code Enforcement Officer Jeff Baksa stated that the Building and Plumbing department is questioning whether or not the existing fence meets the criteria of what was granted by the board at the 7/22/15 Zoning Board meeting. Tim Elling stated that after going back to the minutes it was explained that the fence was going down into the swale that is approximately two feet deep. It was explained that the July Zoning Board meeting that there would be no change in the site line when the new fence is erected. Evelyn stated that the eight foot fence was granted so that it would be even with the site line of the existing six foot fence, as the eight foot fence would be built on a swale that is two feet deep.
Attorney Fenz recommended that this board offer an interpretation stating that the applicant did not comply with the conditions of the variance that was approved at the 7/22/15 Zoning Board meeting. The remedy would be to remove the fence, make it so that it is a six foot fence, get cited and eventually go through the courts, should the issue not be corrected. Jeff Baksa stated that the first option is that the fence get cut down to six feet or the second option would be that the fence is removed and erected to conform to the stipulations set by the board at the 7/22/15 meeting. Collectively, the board agreed that the applicant did not comply with the intent of the approval that was given by the board at the meeting, as the top of the fence is well above the preexisting fence.
No comments were made from the public.
Motion by Harmon, seconded by Hicks that the applicants are not in compliance with the variance that was approved at the 7/22/15 Zoning Board meeting.
Ayes: All Noes: None Motion Carried
One of the neighbors of the applicants of 2015-041 spoke and stated that he and his wife are very unhappy with the fence. They stated that they were not aware of the exact nature of the fence and if they were, they would not have supported it. Code Enforcement Officer Jeff Baksa stated that the board cannot require the fence to mate the preexisting fence nor can they require the fence to face one way or the other and that a variance for a 6’ fence is not required.
2015-059
Motion by Harmon, seconded by Marzullo to table the variance until the December 9, 2015 meeting, as the applicant was not present at this meeting. Noting that they next meeting will be the third and final meeting the applicant will get to appear before the board for the proposed variance.
Ayes: All Noes: None Motion Carried
2015-068
Motion by Harmon, seconded by Elling to table the variance until the December 9, 2015 meeting, as the applicant was not present at this meeting.
Ayes: All Noes: None Motion Carried
ADJORNMENT
Motion by Elling, seconded by Hicks to adjourn the meeting at 9:31 P.M.