Board of Appeals Meeting Minutes 05/26/2010
WEST SENECA TOWN OFFICES WEST SENECA ZONING BOARD
1250 Union Road Minutes #2010-05
West Seneca, NY 14224 May 26, 2010
The regular meeting of the Zoning Board of Appeals of the Town of West Seneca was called to order by Chairman Bond on Wednesday, May 26, 2010 at 7:00 P.M. followed by the Pledge of Allegiance.
ROLL CALL: Present - William Bond, Chairman
Sandra Giese Rosenswie
Michael P. Hughes
Michael P. Harmon
David Monolopolus
Shawn P. Martin, Town Attorney
Robert Pinnavaia, Asst Code Enforcement Officer
OPENING OF PUBLIC HEARING
Motion by Mr. Harmon, seconded by Mr. Monolopolus, to open the Public Hearing.
| Ayes: All | Noes: None | Motion Carried |
APPROVAL OF PROOFS OF PUBLICATION
Motion by Mr. Monolopolus, seconded by Mr. Harmon, to approve the proofs of publication and posting of legal notice.
| Ayes: All | Noes: None | Motion Carried |
APPROVAL OF MINUTES
Motion by Mrs. Rosenswie, seconded by Mr. Bond, to approve Minutes #2010-04, April 28, 2010.
| Ayes: All | Noes: None | Motion Carried |
Chairman Bond announced that Mr. Hughes will be arriving late to tonight’s meeting.
OLD BUSINESS:
2010-013 Request of Heather & Marc Principe for a variance for property located at 172 Fremont Avenue to erect front roofed stoop 19 ft from front property line.
Motion by Mr. Monolopolus, seconded by Mr. Harmon, to remove this item from the table.
| Ayes: All | Noes: None | Motion Carried |
Heather Principe, 172 Fremont Avenue, stated their intention is to replace the existing front stairs with wooden stairs and erect a roof over the stairs. There was an awning which the roof will replace. It is not their intention to come out any farther than the current stoop.
No comments were heard from the public.
Motion by Mr. Harmon, seconded by Mrs. Rosenswie, to close the public hearing and grant a variance for property located at 172 Fremont Avenue to erect front roofed stoop 19 ft from front property line.
| Ayes: All | Noes: None | Motion Carried |
NEW BUSINESS:
2010-018 Request of Alex Hillis for a variance for property located at 4141 Seneca Street to allow clothing receptical outside building.
Alex Hillis, 4141 Seneca Street, stated his organization has an 8 ft x 16 ft shed on the premises to collect used clothing from the community which will be distributed world-wide as well as here and Canada. A portion of the funding received from the clothing collected will be given back to the Firemen’s Memorial Exhibit Center.
Mrs. Rosenswie inquired how often the clothing would be picked up.
Mr. Hillis responded that pick-ups are made once a week unless there is an abundance of clothing. People attend to the shed to make sure it is clean and clothing does not build up.
The son of the founder of St. Pauly’s stated there is a phone number and web site on the shed itself. This is a family run business which collects 80,000 pounds of clothing a day in Western and Central New York. Local non-profit organizations were given back more than $500,000 last year. They also pick clothing up from local clothng closets.
Mr. Bond was concerned with saturation and does not want to see similar type operations on every corner. There are other sites previously approved by this Board.
Mr. Hillis noted that there is an abundance of clothing to collect from the community and the cost to set up one of these sheds is $2,000. Letters of no objection from Physicians Imaging Center, 4154 Seneca Street, Tom & Luigi’s Tailor Shop, 4130 Seneca Street, Mary Kalinowski, 4144 Seneca Street, and Metzger’s Pub, Seneca Street, were submitted. A listing of nearby sheds in the Western New York area was also provided.
Code Enforcement Officer Robert Pinnavaia questioned how other occupations such as Goodwill, Salvation Army and AmVets feel about this operation.
Mr. Hillis responded that his organization got the idea from those organizations and St. Pauly’s actually donates some clothing to them, as well as picking up clothing from those organizations.
Mr. Bond questioned the zoning of the Firemen’s Memorial property and if a fence was required.
Mr. Pinnavaia stated that property is zoned C-1.
Mr. Hillis noted there is fencing already.
No comments were received from the public.
Motion by Mr. Hughes, seconded by Mr. Monolopolus, to close the public hearing and grant a variance for property located at 4141 Seneca Street to allow clothing receptical outside building, noting that the firemen have apparently researched this operation and are satisfied.
| Ayes: All | Noes: None | Motion Carried |
Mr. Bond noted the arrival of Zoning Board member Michael Hughes.
2010-019 Request of Alliance Construction for a variance for property located at 3 Lindner Drive to erect house 16.46 feet from front property line (40 feet required).
Andrew Romanowski, Alliance Construction of WNY, 4727 Camp Road, Hamburg, stated a variance is being requested for the required front yard set back to deconstruct the existing house and replace with a new one. The project started as an extensive remodel but once the design was
developed, limitations to the existing structure revealed that it would not make sense to do that.
Mr. Bond noted the swimming pool in the rear and questioned if the plan was to abut that.
Mr. Romanowski responded that the proposed footprint is a little bigger than the existing house but will be situated in the same spot and they intend to save the swimming pool, landscaping, existing driveway and utility lines coming into the house.
Mr. Bond noted this is the only street on the creek side off Clinton Street. There is a 33 foot right of way but only about 15 ft is paved.
Kevin Grant, resident of 3 Lindner Drive, stated there are only 4 houses on the street.
Mr. Bond noted that this will enhance the area as the existing house is very old.
No comments were received from the public.
Motion by Mrs. Rosenswie, seconded by Mr. Harmon, to close the public hearing and grant a variance for property located at 3 Lindner Drive to erect house 16.46 feet from front property line.
| Ayes: All | Noes: None | Motion Carried |
2010-020 Request of Rane Nite Club for a variance for property located at 3036 Seneca Street to allow six (6) separate outdoor events.
Mr. Bond noted that the application requests outside patio cookouts and band to enhance business during the summer months and the area of the parking lot to be used is 35 ft x 40 ft.
Ralph Lorigo, Esq., 101 Slade Avenue, stated he is the owner of the building. The previous owner received a variance for inside live music. The current tenant is now requesting to use the existing outside patio for a pig roast and events one night a week, Friday night only, from 4:00 pm until 9:00 pm with music during that time period. The State Liquor Authority has requirements for a port-a-potty, that the area be roped off
and security provided. The setup will be similar to what 16 South conducted with its pig roast outside. There will be a 35 ft x 40 ft tent roped off area in front of the patio.
Mr. Bond stated he and the Code Enforcement Offices are of the opinion this is a use variance while Town Attorney Martin is of the opinion it is either a use or area variance.
Mr. Lorigo stated it is a requirement under the code in order to get the variance, as opposed to either a use or an area variance. It just happens to be a requirement of the town code.
Mr. Pinnavaia disagreed.
Mr. Bond noted the criteria for a use or area variance is much different. From a recently attended seminar, the consultants stated that if there is a use variance, a SEQRA is required. With the 35 ft x 40 ft area proposed, then it must be determined how much parking is lost. The area to be used has to be reconfigured to determine the required parking.
Mrs. Rosenswie asked if there were enough parking spots with the tent.
Mr. Lorigo stated there is a total of 95 parking spaces.
Mr. Bond stated there may be 95 parking spaces now, but with the 35 ft x 40 ft area, 7 or 8 parking spaces will be lost, and the number of spaces have to be increased by the increased use.
Motion by Mr. Bond, seconded by Mrs. Rosenswie, to table this item until next month to address the questions presented.
Mr. Lorigo stated they must apply to the SLA also and the SLA will not take the application until the variance is approved. He has owned the building for 10 or 12 years. The only person who has run it for any substantial length of time is Joe Briedenstein who ran it for 5 years in a row. The last tenant was not successful in running the business. The current tenant is attempting to run the restaurant effectively as an adult nightclub and this is an enhancement during the summer in order to make the business survive with an event one night a week only between 4:00 pm and 9:00 pm and limited between June 24th and August 27th.
Mr. Pinnavaia noted it is not the outdoor music. Under the code, restaurants serving alcoholic beverages are to be conducted within a completely enclosed building.
Ayes: Two (2) Mr. Bond, Mrs. Rosenswie
Noes: Three (3) Mr. Hughes, Mr. Harmon, Mr. Monolopolus
Motion Denied.
Mr. Harmon questioned if there were any other operations in town allowed to have outside music.
Mr. Lorigo stated there was, including Metger’s, Mackie’s, and others.
Mr. Pinnavaia questioned if the tent would remain up during the entire time period.
Mr. Lorigo stated the tent will come down after the event is over at 9:00 pm. The proposed pig roast is a good way to attract people and make this venture work in a reasonable fashion.
Mrs. Rosenswie questioned if the neighbors had any concern, especially the neighbor adjacent to the parking lot.
Mr. Lorigo stated the property is commercial and situated on the Seneca Street side of the Seneca-Center Road area and not on the Briarhill side which is off Center Road.
Mr. Bond noted that notification letters are not sent by the town but he did physically visit the site and attempted to speak with the neighbors without success.
Mr. Lorigo stated there has been no problems with neighbor complaints or the Police Department.
Mr. Bond noted that is because everything was inside the building.
Mr. Lorigo stated there is still the patio which they have the right to use without music.
Mr. Harmon asked if any of the neighbors were informed.
Mr. Briedenstein stated the neighbors have visited the establishment themselves.
Mr. Bond stated that does not mean they are aware of the proposed upcoming events.
Mr. Lorigo noted the 6 or 7 times this type event will be held this year. They will be returning next year with a similar request and if there are any problems occurring this year, then the Board can take that into account.
Mr. Harmon suggested one month to check the police records for any problems and have the applicant return next month for a continued approval.
Mr. Lorigo that presents a problem in empowering anyone with any concern.
Town Attorney Martin stated the applicant is still bound by the noise ordinance and that is enforceable by the Police Department or other town personnel regardless of what is done here.
Mr. Bond noted his concern that this Board would be hard pressed to deny any other business that wanted to have outdoor music for twice a month. The Town Board should make some regulations that everyone can live with, instead of this Board making ad hoc decisions on individual requests.
Mr. Martin stated the Town Board has enforceable rules under Section 82 of the code which states the noise from a particular property cannot extend beyond the property line.
Mrs. Rosenswie stated her concern with the next door neighbor being disturbed by the music whenever it’s playing.
Joseph Briedensten, tenant, 1345 Seneca Street, Buffalo, stated the style music is basically Jimmy Buffet tribute music, basically soft music.
No comments were heard from the public.
Motion by Mr. Harmon, seconded by Mr. Hughes, to close the public hearing and grant a temporary variance for property located at 3036 Seneca Street to allow five (5) separate outdoor events on June 25, 2010, July 2, 2010, July 9, 2010, July 16, 2010 and July 23, 2010 and that applicant also return to the July Zoning Board of Appeals meeting
Mr. Pinnavaia stated he will determine the number of parking spaces required after viewing the floor plan, etc. The code states a new use comes under the Zoning Board of Appeals and that decision can be made next month.
On the question, Mr. Bond stated he is of the opinion this is a use variance. The requirement is that a reasonable return cannot be realized which is what the applicant states, but must be substantial as shown by competent financial evidence; and the alleged hardship is unique and does not apply to substantial portion of district or neighborhood. Mr. Bond stated he will be voting against the request based on those reasons.
Mrs. Rosenswie stated she will be voting against the request based on the same reasoning and that it will set a precedent in the future.
Ayes: Three (3) Mr. Harmon, Mr. Hughes, Mr. Monolopolus
Noes: Two (2) Mr. Bond, Mrs. Rosenswie
2020-021 Request of Timothy D. Riedy for a variance for property located at 67 Lein Road to erect detached garage 12.5 feet in height (12 feet alllowed).
Timothy Riedy, 67 Lein Road, stated the property is zoned commercial. The garage will be used to store antique tractors to protect them from the weather. He collects them but he is not selling them.
Mr. Pinnavaia stated the property is zoned R-75. If the property was zoned commercial, the applicant would not have to be here.
Mr. Bond questioned the need for the height of 12.5 feet as opposed to 12 feet.
Mr. Riedy stated the 4.5 pitch on the roof of the building brings the height to 12.5 feet. The barn is multi-colored and looks good. The barn is about 400 feet from the road to wooden spots. The property adjacent
at the back cannot view it. Letters of no objection were submitted from residents at 57 Lein Road and 75 Lein Road.
No comments were heard from the public.
Motion by Mrs. Rosenswie, seconded by Mr. Hughes, to close the public hearing and grant a variance for property located at 67 Lein Road to erect detached garage 12.5 feet in height.
| Ayes: All | Noes: None | Motion Carried |
2010-022 Request of Virginia DiMino for a variance for property located at 620 East & West Road to erect covered patio in rear yard setback (30 ft required; 6.24 ft provided) and 3 feet from house (10 feet required).
Virginia DiMino, 620 East & West Road, stated her children began the construction of the roof prior to learning they needed a building permit. The patio is existing and they were going to put posts on and a roof.
Mr. Bond inquired why it was not attached to the house.
Ms. DiMino stated they did not know how to do that.
Mr. Bond noted the patio furniture behind the garage and asked why it wasn’t placed there which was not as far back.
Ms. DiMino stated she was not involved in the planning of this project.
Mr. Bond noted the two variances requested and asked for clarification from the Code Enforcement Officer on the need for a variance from the amount of green space required.
Mr. Pinnavaia stated 30% of the rear lot is all the area that can be built on and 70% must be left green. An accessory structure must be 10 feet from the house and 3 feet from the lot line. The Zoning Board can consider this a part of the building and eliminate the required 10 feet between; or consider the patio an accessory structure which will require the 10 feet between the house and the patio, and reduce the rear yard setback to 3 feet. What still remains is the problem with the 70% remaining open. If the Zoning Board approves it as applied for, then that would include a variance for the green space.
Letters of no objection were submitted from 610 East & West Road and 25 Reynolds Road, the neighbor whose back yard adjoins theirs.
Code Enforcement Officer Pinnavaia questioned if the house had been added onto.
Ms. DiMino responded there was an addition added in 1989. A variance was received for that addition.
Mr. Pinnavaia stated the house is set 50 feet off the road with an addition on the back.
Mr. Bond noted the patio could be placed behind the garage which would be 10 feet closer to the road and provide 18 feet in the rear, but the existing floor is concrete.
No comments were heard from the public.
Motion by Mrs. Rosenswie, seconded by Mr. Harmon, to close the public hearing and grant a variance for property located at 620 East & West Road to erect covered patio in rear yard setback and 3 feet from house; and further grant a variance for the required green space.
On the question, Mr. Bond stated the reason he will vote in favor of the variance is based on the neighbor with the adjacent property to the rear of applicant’s property who has no objection to the variance.
| Ayes: All | Noes: None | Motion Carried |
2010-023 Request of Brian Szefler for a variance for property located at 732 Indian Church road to erect shed in required side yard setback (3 feet required; 1 foot provided).
Brian Szefler, 732 Indian Church Road, appeared on the request to erect shed in required back yard.
Mr. Bond noted applicant’s reason for the request was that the shed would look good, he would gain 2 feet in the back yard and it would be easier to get in and out.
Mr. Szelfler also noted the lawnmower will not fit in the 3 feet and he also has a cabin out in the country where he has to haul a tractor and snowmobile, and he would also be storing his car during the winter months.
Mr. Bond questioned what was unique in applicant’s situation when everyone else in town is required to stay 3 feet off the sideline. He did not feel losing some of the back yard is sufficient. There is 70 feet in width, staying 3 feet off the rear but applicant is requesting 1 foot on the side to gain 2 feet. Everyone else in town has the exact same problem.
Letters of no objection to applicant placing shed 1 ft from the property line were submitted from Laurie Liptin, Thomas Jarka, and Paul Rozek, no addresses.
No comments were heard from the public.
Motion by Mr. Bond, seconded by Mr. Hughes, to close the public hearing and deny the request variance for property located at 732 Indian Church road to erect shed in required side yard setback (3 feet required; 1 foot provided).
On the question, Mrs. Rosenswie stated she felt the shed would look good and the applicant does take care of the neighbor’s yard.
On the question, Mr. Bond stated that if the Board allowed the variance, then the town might as well erase the ordinance requirement for 3 feet for a property structure.
On the question, Mr. Hughes stated the applicant failed to provide any unique situation affecting his backyard.
Ayes: Four (4) Mr. Bond, Mr. Hughes, Mr. Harmon, Mr. Monolopolus.
Noes: One (1) Mrs. Rosenswie Motion Carried
2010-024 Request of Suzanne & Charles Casterline for a variance for property located at 226 Allendale Road to erect addition 4 feet from detached garage (10 feet required).
Suzanne and Charles Casterline, 226 Allendale Road, appeared on the request for a variance.
Mrs. Casterline stated they have an existing 10 ft x 15 ft separate room only useable during the summer and would like to replace that room with a 16 ft x 16 ft family room for use all year round.
Mr. Bond questioned why the room could not be pushed over to the west.
Mrs. Casterine stated there is a bathroom with a window.
Mr. Bond noted this would be venting the bathroom out into the family room. Letters of no objection were submitted from neighbors at 236 and 218 Allendale Road.
Mr. Hughes noted the reason for the 10 ft required separation is for emergency vehicle access.
No comments were heard from the public.
Motion by Mr. Hughes, seconded by Mr. Monolopolus, to close the public hearing and grant a variance for property located at 226 Allendale Road to erect addition 4 feet from detached garage.
| Ayes: All | Noes: None | Motion Carried |
2010-025 Request of Gerald & Barbara Lortz for a variance for property located at 116 Westminister Road to extend fence into front yard setback.
Gerald Lortz, 116 Westminister Road, stated the house stands a distance back from the neighbor and he would like to erect a 6 ft privacy fence from the garage up to back of the house and a 4 ft cyclone fence in the front.
Mr. Bond asked if the fence would be extended any further than the back of the neighbor’s house to the north.
Mr. Lortz stated that was correct.
Mr. Hughes asked the need for a 6 ft fence.
Mr. Lortz responded the fence was needed for privacy between his and the neighbor’s yard. If they sit out in the driveway, the house is right there with a porch and hot tub.
Mr. Monolopolus asked if there was an existing fence on the other side.
Mr. Lortz stated that was correct.
Mr. Bond commented that he normally was not in favor of fences in front yards, but noted the extended distance of applicant’s house back from the neighbor. Letters of no objection were submitted from neighbor at 118 Westminister, the people immediately to the left where the fence will be erected.
No comments were received from the public.
Motion by Mr. Bond, seconded by Mr. Monolopolus, to close the public hearing and grant a variance for property located at 116 Westminister Road to extend fence into front yard setback.
| Ayes: All | Noes: None | Motion Carried |
2010-026 Request of Robert Walker & Pat Baldi for a variance for property located at 108 Collins Avenue to erect deck to accessory swimming pool (10 feet separation required; 0 feet provided).
Bob Walker and Pat Baldi, 208 Collins, stated they would like to walk out the sliding glass door to go onto the deck and then two small steps to a small deck for the pool with a self closing locking gate.
Mr. Bond noted the concern for the Zoning Board is the safety with the locking gate and pool alarm.
Letters of no objection were submitted from residents at 104 Collins and 96 Collins Avenue.
No comments were received from the public.
Motion by Mr. Hughes, seconded by Mrs. Rosenswie, to close the public hearing and grant a variance for property located at 108 Collins Avenue to erect deck to accessory swimming pool.
| Ayes: All | Noes: None | Motion Carried |
2010-027 Request of Robert Gralke for a variance for property located at 1 Taylor Drive to erect 6 ft fence in exterior side yard.
Robert Gralke, 1 Taylor Drive, appeared on the request.
Mr. Bond noted applicant is requesting a variance because of the irregularity of the yard, the busy nature of East & West Road, and to utilize the most of the side yard for his 4 year old triplets and his dog.
Mr. Gralke noted that one of the daughters has mild CP. The grade in the yard is terrible and it’s difficult for her to maneuver in the back yard as opposed to the side yard.
Mr. Bond questioned if the applicant would consider a 4 ft high fence from the rear of the house out to where the diagrams shows it stopping and then across.
Mr. Gralke confirmed that he had no objection and felt it would look better cosmetically.
A letter of no objection was received with signatures of residents at 5 Taylor, 10 Taylor, 6 Taylor, 377 Angle Road and 2 Taylor.
No comments were received from the public.
Mr. Pinnavaia noted for the record that there is a public drainage easement. Private drainage easements are not dedicated to the town and he did not want is misconstrued that the Board is giving the applicant permission to go across the easement. If the Town Engineer has a problem and the fence has to come down, the town does not have to put 26it back up. There is a storm receiver at the street and the installer should make sure any drainage that is supposed to reach the receiver is not blocked.
Motion by Harmon, seconded by Mr. Monolopolus, to close the public hearing and grant a variance for property located at 1 Taylor Drive to erect 4 ft fence in exterior side yard and incorporate the diagram submitted by applicant.
| Ayes: All | Noes: None | Motion Carried |
2010-028 Request of Marlene J. Lorson for a variance for property located at 183 Westminister Road to erect addition less than 10 ft from an accessory structure (10 feet required; 8 feet provided).
Marlene Lorson, 183 Westminister Road, stated they would like to demolish the existing porch and rebuild and incorporate it. They need to go back the extra 2 feet to make it worthwhile. They would like to make a bedroom a the first floor near the bathroom. The addition will be 16 ft x 20 ft if incorporating the existing porch which is 6 ft.
Mr. Bond noted the diagram shows a 14 ft x 16 ft addition.
Mrs. Lorson stated that was correct and with the existing porch, it would be 16 ft x 20 ft. The walls of the porch will be changed but they wanted to keep the base of the porch. Letters of no objection were received from 163 Westminister and 187 Westminister.
Mr. Pinnavaia stated the Board should also consider the fact that the applicant is in a M-1 area which makes her pre-existing non-conforming and is only allowed 25% addition to what is there now.
Mrs. Lorson responded that she met with someone in the Building Inspector’s office to determine the allowable percentage of addition and she meets that figure.
No comments were received from the public.
Motion by Mr. Monolopolus, seconded by Mr. Harmon, to close the public hearing and grant a variance for property located at 183 Westminister Road to erect addition less than 10 ft from an accessory structure.
| Ayes: All | Noes: None | Motion Carried |
2010-029 Request of John Kraus for a variance for property located at 169 Nancycrest Lane to erect roofed front porch 24.49 feet from front property line (30 feet required).
Christopher Hereath, 7594 Center Street, West Falls, appeared on behalf of applicant John Kraus. The property owner is requesting a covered porch on the front of his house. Letters of no objection were submitted from residents at 163 Nancycrest and 175 Nancycrest.
Mr. Monolopolus questioned if this was still an open porch.
Mr. Hereath stated it was.
No comments were received from the public.
Motion by Mr. Harmon, seconded by Mr. Monolopolus, to close the public hearing and grant a variance for property located at 169 Nancycrest Lane to erect roofed front porch 24.49 feet from front property line.
| Ayes: All | Noes: None | Motion Carried |
2010-011 Request of Buffalo Niagara Court Center for a variance for property located at 240 Westminister Road to allow outdoor sports and recreation activities.
Mr. Bond noted the Zoning Board granted a variance two months ago but applicant is requesting an amendment.
Motion by Mr. Harmon, seconded by Mr. Bond to re-open this item.
| Ayes: All | Noes: None | Motion Carried |
Mr. Bond noted the applicant was granted permission for lighted courts until 9:00 pm and following the last meeting contacted him and advised some of the games do not start until 8:45 pm and requested permission to keep the lights on until 9:30 pm.
Mr. Hughes stated he had no problem with the request since the applicant was only given the variance for a one-year period of time.
Motion by Mr. Hughes, seconded by Mrs. Rosenswie, to close the public hearing and grant an amendment to the previously granted variance, allowing applicant to keep the lighting on until 9:30 pm with all other conditions of the previously granted variance to remain the same.
| Ayes: All | Noes: None | Motion Carried |
ADJOURNMENT:
Motion by Mr. Bond, seconded by Mrs. Rosenswie, to close the public hearing and adjourn the meeting (9:50 pm).
| Ayes: All | Noes: None | Motion Carried |
Respectfully submitted,
Patricia C. DePasquale, RMC/CMC
Secretary