Board of Appeals Meeting Minutes 04/28/2010

WEST SENECA TOWN OFFICES            WEST SENECA ZONING BOARD
1250 Union Road                                     Minutes #2010-04
West Seneca, NY 14224                          April 28, 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. Hughes, seconded by Mr. Monolopolus, to open the Public Hearing. 

APPROVAL OF PROOFS OF PUBLICATION

Motion by Mr. Monolopolus, seconded by Mr. Harmon, to approve the proofs of publication and posting of legal notice.

APPROVAL OF MINUTES

           Motion by Mrs. Rosenswie, seconded by Mr. Hughes, to approve Minutes        #2010-03, March 24, 2010.

NEW BUSINESS:

2010-012Request ofDavid E. Anaconefor a variance for property located at196 Pacecrest Courtto erect covered front porch 21.95 ft from front property line.

David Anacone, 196 Pacecrest, appeared on the request for a variance.

Mr. Bond asked if there was an existing uncovered porch.

Mr. Anacone stated there was not.  The proposed front porch will be about 8 feet in depth.

Mr. Monolopolus asked if this was just a stoop to go to the front porch. 

Mr. Anacone stated that after living in the country for 28 or 29 years he was accustomed to seeing wildlife and leaves.  He is now elderly with only one eye which is going blind.  He would now like the ability to spend his time sitting out front and seeing people.  Letters of no objection were submitted from neighbors on both sides and across the street; Anthony & Ann Piazza of 195 Pacecrest, indicating there are no issues with the applicant building a front porch and noting there are many houses in the neighborhood with large front porches which add to the beautification of the neighborhood; Steven Snyder of 202 Pacecrest Court, noting he welcomes such addition; and from Darrell and Helen White, 190 Pacecrest, noting they take no exception to the request.

No comments were heard from the public.

Motion by Mr. Hughes, seconded by Mrs. Rosenswie, to close the public hearing and grant the variance for property located at196 Pacecrest Courtto erect covered front porch 21.95 ft from front property line.

2010-013Request ofHeather & Marc Principefor a variance for property located at172 Fremont Avenuetoerect front roofed stoop 19 ft from front property line.

Mr. Bond noted the absence of applicant.

Motion by Mr. Hughes, seconded by Mr. Monolopolus, to table this item until the next meeting.

2010-014Request ofStephen & Amy Whitefor a variance for property located at501 Bullis Roadtoerect fence in exterior side yard set back.

Stephen White, 501 Bullis Road, stated his property is an irregular sized lot and on the portion of Bullis Road that dead-ends.  They have no

adjoining neighbors.  There is an adjoining large vacant field and photos of field were submitted.  He is unaware of the owner.

Mr. Monolopolus stated he thought part of it was owned by Beauty Pools.

Mr. Bond noted that when there is commercial property adjoining residential, a fence is required to be erected by the commercial property owner.

Mr. White stated there were some issues with the zoning when he purchased the property and had to have the property rezoned.  A petition signed by six residents from 506 Bullis Road, 475 Bullis Road, 493 Bullis Road, and 485 Bullis Road was submitted, stating no objection to the proposed fence, in order to block views of the unsightly commercial scenery and help redefine a safe play space in the yard for applicant’s son.   A photo of the proposed red cedar fence was also submitted. 

Mr. Bond confirmed the unsightly condition of the adjoining property when he visited the property. 

Mr. Monolopolus asked if the fence was to be erected along the side toward Transit Road and up to the ditch.

Mr. White stated that was correct.  He intends to put in a tree line with some landscaping on the back portion of the property.

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 at501 Bullis Roadtoerect fence in exterior side yard set back.

2010-015Request ofRichard Gorenflo, Sr.for a variance for property located at4881 Seneca Streettoerect 6 ft high fence in front yard set back.

Richard Gorenflo, Sr., 4581 Seneca Street, appeared on the request.

Mr. Bond noted the request is for a 6 ft high fence, 24 feet in front of house where a 4 ft fence is allowed to go 10 feet out.  He also noted that from looking at the property, it would appear that snow gets dumped on applicant’s property when the snow is plowed on the circular drive. 

Mr. Gorenflo stated that was correct and presented photos of the area where the proposed fence will be located.  He stated that damage to his plants from the snow plowing has cost him significantly over the years.

Mr. Hughes questioned the need for a 6 ft high fence versus a 4 ft high fence.

Mr. Gorenflo responded that the wind blows from east to west and there are 8 buses a day that idle on the State property next door.  They are bothered by exhaust fumes from the buses and the associated noise.   Another neighbor has stated that the lights from the buses at night shine into his living room.  This is a group home next door which has meetings during the week with 15 to 20 cars parked on the property.

Mr. Pinnavaia questioned if the applicant was intending to continue the fence down the side of the house.

Mr. Gorenflow responded that the fence would start from where he indicated to board members and continue down between two houses 6 or 8 feet.  It would start 83 feet from the street and go back 24 to 30 feet.  He is not going along the side of the house.

Mr. Pinnavia asked applicant to clarify that it would be 5 or 6 feet beyond the front of the house and toward the back.

Mr. Gorenflow stated that was correct.

Mr. Bond noted the proposal poses no traffic problems since the fence begins 83 feet from the street.

Mr. Pinnavia noted that the State of New York requires the Town to treat these group homes as single family homes in terms of zoning and restrictions.  Mr. Gorenflow’s problem arises from the workers who have buses parked there and the employee meetings that are held on the property.  The applicant’s fence will be 66 feet from the front property line and a house could be built up to 44 feet.

Letters of no objection were submitted from Kelly Majewicz, 4907 Seneca Street and Jack Szeglowski, 4887 Seneca Street, stating the fence will eliminate the clothes dryer exhaust and bus fumes along with the noise and light pollution, and eliminate snow dumping on the property at 4881 Seneca Street that causes damage every year to shrubs and grass.   A notification letter to the property manager of 4871 Seneca Street was also submitted, to which no response has been received by applicant.

No comments were heard from the public.

Motion by Mrs. Rosenswie, seconded by Mr. Monolopolus, to close the public hearing and grant a variance for property located at4881 Seneca Streettoerect 6 ft high fence in front yard set back.

2010-016Request ofTammy Calkinsfor a variance for property located at14 E Center Roadtoerect 6 ft fence in required side yard setback.

Tammy Calkins, 14 East Center Road, stated the fence has been erected.  They moved in 9 years ago at which time there was an old rusty chain link fence.  They also have two large dogs and a pool.  A new family with two small children recently moved in on the other side and the fence is being requested for safety reasons and to contain their animals. 

Mr. Bond noted the fence was erected half way back from the front of the house and continued along the side all the way to the front of the house.

Mrs. Calkins noted that portion was for privacy.  The next door neighbor, David Laufer, 20 East Center Road, was present and confirmed the need for privacy and that he had no objection to the fence.  Mrs. Calkins also noted that it was their intention to obtain the permit before the fence was erected but the gentleman erecting the fence showed up early.

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 at14 E Center Roadtoerect 6 ft fence in required side yard setback.

2010-017Request ofEverett Lemanskifor a variance for property located at621 Center Roadtoerect 6 ft fence in required side yard set back.

Everett and Laurie Lemanski, 621 Center Road, appeared on the request for a variance in order to enclose exhaust pipes and pellet stove pipe.  Letters of no objection were submitted from the neighbor on the left, Christine Ciambor, 623 Center Road; the neighbor to the right, Bill Hughson, 617 Center Road.  Photos of the proposed location of the fence were also submitted.

No comments were heard from the public.

Motion by Mr. Hughes, seconded by Mrs. Rosenswie, to close the public hearing and grant a variance for property located at621 Center Roadtoerect 6 ft fence in required side yard set back.

ADJOURNMENT:

Motion by Mr. Hughes, seconded by Mrs. Rosenswie, to close the pubic hearing and adjourn the meeting (7:40 p.m.).

Respectfully submitted:

Patricia C. DePasquale, RMC/CMC
Secretary