Board of Appeals Meeting Minutes 03/24/2010
WEST SENECA TOWN OFFICES WEST SENECA ZONING BOARD
1250 Union Road Minutes #2010-03
West Seneca, NY 14224 March 24, 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 Mrs. Rosenswie, seconded by Mr. Harmon, to open the Public Hearing.
| Ayes: All | Noes: None | Motion Carried |
APPROVAL OF PROOFS OF PUBLICATION
Motion by Mr. Hughes, seconded by Mrs. Rosenswie, to approve the proofs of publication and posting of legal notice.
| Ayes: All | Noes: None | Motion Carried |
APPROVAL OF MINUTES
Motion by Mr. Monolopolus, seconded by Mr. Hughes, to approve Minutes #2010-02, February 24, 2010.
| Ayes: All | Noes: None | Motion Carried |
TABLED ITEM:
2010-002 Request of Hearts for the Homeless for a variance for property located at 4100 Seneca Street to conduct business outside.
Motion by Mr. Hughes, seconded by Mrs. Rosenswie, to remove this item from the table.
| Ayes: All | Noes: None | Motion Carried |
Ronald Calandra, President, Hearts for the Homeless, stated that the clothing collection bin was placed at the Stop-n-Go station at 4100 Seneca Street. Clothing from the bin is distributed to the poor and used as revenue for their thrift store. Other similar bins have been placed in businesses and churches around the City of Buffalo without problem.
Mr. Hughes questioned the length of time intended to be temporary for the bin.
Mr. Calandra responded that the 4 ft x 4 ft x 72 inches high bin will be maintained for whatever length of time the Board decides on. The bin is checked on a weekly basis and there is also a number on the bin in the event it becomes filled or if there is need to contact him for any reason.
Mr. Monolopolus inquired the location of applicant’s store.
Mr. Calandra stated the store is located on Tonawanda Street in Buffalo and his organization also runs a mobile soup kitchen. A letter of no objection was submitted from the adjoining neighbor.
Mr. Pinnavaia requested the Board consider the placement of the bin which is planned for the front yard.
Mr. Calandra stated the bin is located in front of the sign and behind it is a dumpster. Photos of the bin’s locations were submitted to the Board.
Mr. Bond noted the concern with the location as it relates to traffic. He would like to see it placed 10 to 15 ft back from the road.
Mr. Calandra stated he has not observed any problems with traffic, but the bin can be moved back behind the dumpster if necessary.
No comments were heard from the public.
Motion by Mr. Monolopolus, seconded by Mrs. Rosenswie, to close the public hearing and grant a variance for property located at 4100 Seneca Street for the placement of a clothing storage bin on the other side of the pole next to the dumpster until December 31, 2010.
| Ayes: All | Noes: None | Motion Carried |
NEW BUSINESS:
2010-006 Request of Jeff Nowatka for a variance for property located at 40 North America Drive to reduce required front setback and reduce required height and square ft of sign.
Jeff Nowatka, 3121 Clinton Street, stated the requested sign will designate the location of the development. This is a custom design by Santoro Signs.
Mr. Bond noted the concern with the location so that the sign does not block traffic.
Mr. Pinnavaia stated that 15 ft from the edge of the road remains public property so applicant would be 5 ft from the property line, instead of 10 ft.
Mrs. Rosenswie questioned how far out the sign comes from the existing building.
Mr. Nowatka estimated 30 ft. The sign is designed to mimic the façade of the building and will be placed in the center of the island.
Mr. Bond referred to the site layout with the sign in the middle of the island and questioned if the applicant would consider moving it to the rear of the island.
Mr. Nowatka stated that location would not be aesthetically pleasing. He is planning to landscape around the sign.
No comments were heard from the public.
Mr. Harmon suggested placing the sign on the grass to the side.
Mr. Nowatka stated he has designed the entire development and this is planned to be a mirror image of another building across the parking area. There is one building existing with future buildings planned for the future. The center line of the island is the center line of the property.
Motion by Mrs. Rosenswie, seconded by Mr. Monolopolus, to close the public hearing and grant variances for property located at 40 North America Drive to allow an increase in the allowable size of the sign from 40 sq ft to 50 sq ft; a reduction in the front setback from 10 ft to 5 ft; and allow a reduction in the sign clearance from 5 ft to 2.5 ft.
| Ayes: All | Noes: None | Motion Carried |
2010-007Request of Joseph Schultz for a variance for property located at 4 Wetherstone Drive to extend driveway for additional parking in required front yard.
Mr. Pinnavaia noted this is a corner lot with a paper street. Applicant attempted to purchase the paper street but the Town of West Seneca will not give up the paper street due to the major utilities running through it.
Joseph Schultz, 4 Wetherstone Drive, stated the garage has been renovated to a bedroom. Additional parking will be needed for his three children who will be driving in the near future and another space is needed next to the driveway. He will be removing the old driveway.
Mr. Bond noted that permission can be granted to park in the space nearby but not in the paper street.
Mr. Schultz noted his request is not for the paper street; only in the front yard of his own property.
No comments were received from the public.
Motion by Mr. Harmon, seconded by Mrs. Rosenswie, to close the public hearing and grant a variance for property located at 4 Wetherstone Drive to extend driveway for additional parking in required front yard.
| Ayes: All | Noes: None | Motion Carried |
2010-008Request of Young Development Inc. for a variance for property located at 2880 Transit Road to allow non-approved model apartment to sunset after 4 years.
Ralph Lorigo, Esq., 101 Slade Avenue, appeared with the applicant, Bryan Young. Mr. Lorigo noted that a variance was previously granted for the construction of 50 units on Schultz and Transit Road. The units were constructed and now the applicant would like to convert the existing 680 sq ft community room on the second floor for use as a one bedroom model apartment. The model apartment will never be rented and will revert back to a community room. The applicant plans to use the model as long as it is solely a model and not rented as a living room. The applicant has a similar senior project on Crofton and is in the midst of another project at Houghton College.
Mr. Young noted that the second floor contains an exercise room with the community room next to it. That community room will become the model. There is another project in Cheektowaga and that particular site will become the main office.
Mr. Hughes inquired if the 4 year sunset is just to make sure all the units are rented within the 4 year period.
Mr. Young stated the 4 year sunset was not his intention.
Mr. Monolopolus questioned if the community room would not be in existence during the period of time the apartments are being rented out.
Mr. Young stated the community room on the second floor is simply a room with a couch and chair. The main community room on the first floor is quite large and will remain as such.
No comments were received from the public.
Motion by Mr. Bond, seconded by Mr. Hughes, to close the public hearing and grant a variance for property located at 2880 Transit
Road to allow non-approved model apartment which will be used only as a model and not to be rented, with no sunset provision.
Ayes: All Noes: None Motion Carried
2010-009 Request of Passero Associates for a variance for property located at 4500 Clinton Street to install 12,000 gallon above ground fuel tank.
Mary Kay Genthner, Passero Associates, 100 Liberty Pole Way, Rochester, representing Buffalo Airfield at 4500 Clinton Street, and Brian Juda, 15 Giblin Drive, Airport Manager, appeared on the request. Ms. Genther stated the airport has received a grant. The existing field farm has been in existence for some time and reached the end of its service life. They would like to replace it with an above ground tank which is easier to maintain and would be located in the same place as the old tanks.
Mr. Hughes felt underground tanks were safer and inquired why the new tanks could not be located underground.
Ms. Genthner stated that placement of tanks above ground make them easier to monitor and maintain and there is no need to tear up pavement if the need arose in the future to gain access to the tanks. There are all kinds of protection on the above ground tanks.
Mr. Bond noted the size of the tanks have been reduced from 14,000 to 12,000 and there are no houses within a quarter of a mile.
Ms. Genthner stated that was correct, and the tanks would be buffered on three sides by airport buildings. They have also contacted neighbors and presented six letters of no objection from six residents on the south side of Clinton Street.
Mr. Hughes inquired if there are other smaller airports in Western New York with above ground tanks.
Mr. Juda stated the Buffalo-Lancaster Airport and Leroy Airport.
Mr. Pinnavaia questioned if there were any FAA requirements as to how far they have to be from the landing pad.
Ms. Genthner stated there were no FAA requirements; only town building code requirements which this meets. There are air field object-free areas around the runway and taxi area in which nothing can be built and this fuel tank is clear of those areas. DEC has been contacted and they anticipate filing the notification form when the grant is officially received.
Mr. Monolopolus questioned if there were any current leaks in the tanks.
Ms. Genthner stated there are no known leaks at present, but the applicant will meet all DEC requirements and procedures in the event any underground leaks or contaminants are found.
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 4500 Clinton Street to install 12,000 gallon above ground fuel tank.
Ayes: Four (4) Mr. Harmon, Mr. Monolopolus, Mr. Bond, Mrs. Rosenswie
Noes: One (1) Mr. Hughes
2010-010 Request of James Becker for a variance for property located at 521 Union Road to erect accessory grage 14.5 ft in height.
James Becker, 521 Union Road, stated he invested approximately $30,000 in remodeling after purchasing his current home. He intended to enlarge the garage. The existing garage has 7 ft high doors and he is unable to fit anything in it and can only be used as storage. He did put up a temporary pole barn on the side for storage. He has two classic cars; one being stored in the garage and the other at his work shop, plus a jet boat being stored in another garage. There is a Baptist Church behind him which owns all the homes down Union Road except his and the neighbor on the right. Letters of no objection were presented from the neighbor on the right and the Baptist Church pastor.
Mr. Bond stated the building itself is large, but what is required is a variance for the height of the building.
Mr. Becker stated a 12 ft ceiling is required in order to have a 10 ft door installed.
Mr. Bond noted there are no homes directly behind the applicant and the property is also on an incline.
Mr. Pinnavaia noted he has received a number of calls and inquired if the applicant planned on using the garage for business vehicles.
Mr. Becker responded that he is out of the landscaping business and will be using the garage only for his own use. He has a tow truck which he parks there on Friday nights only when on call.
No comments were received from the public.
Motion by Mr. Bond, seconded by Mr. Hughes, to close the public hearing and grant a variance for property located at 521 Union Road to erect accessory grage 14.5 ft in height.
| Ayes: All | Noes: None | Motion Carried |
2010-011Request of Buffalo Niagara Court Center for a variance for property located at 240 Westminister Road to allow outdoor sports and recreation activities.
Gary Hill, Buffalo Niagara Sports Center, stated the property at 240 Westminister Road where the four sand courts are planned is leased from Griffith Automation. A variance is needed for the outdoor activities and parking.
Mr. Hughes requested clarification on the time frame for the games to be held outside.
Mr. Hill responded that 9:00 would be the last scheduled game on week nights. There would nothing past 7:00 on weekends. There are no residents in the immediate area. They would not be open past 10:00 at night. Adult leagues are held during the week and youth programs on weekends. Lights are not planned unless the project proves successful at some time in the future. Alcohol is not served. There is a charity group that will holding an event but that group will be applying for its own liquor permit. He has a five year lease with Griffith but a variance for one year would be acceptable.
Mr. Pinnavaia noted that the M-2 use is the heaviest use in town and has a clause where no noise can penetrate a C or an R district. The noise ordinance prohibits loading and unloading noises from 11:00 pm until 7:00 am. There are a couple hundred apartments nearby and requested the Board take this into consideration. He also noted that he has been contacted concerning past confrontations with people who park on this street.
Mr. Hill stated the issue with Pearce involved a one-time event which was resolved with the placement of no parking signs along that property and noted that Pearce submitted a letter in support of the requested variance. He noted that the sand courts will be used during the slow season with the indoor facility and indicated that parking will also be available in Griffith’s parking lot.
Mr. Bond questioned if use of parking was part of the lease with Griffith.
Mr. Hill stated it was.
Joseph Paluch, 66 Birchwood Avenue, submitted a handout to the Board members outlining his concerns in detail. He referred to the hours of operation as contained in applicant’s proposal and felt it contradicted with what Mr. Hill stated this evening. His residence is the only home on Birchwood Avenue but there are also six apartment buildings for a total of 25 households. Traffic and speed of vehicles has increased during the past fall and winter and the recently approved 144 apartment complex for Meyer and Birchwood will only generate additional traffic. He did not understand the need for additional courts and questioned how they would be assessed. Parents will be dropping off and then returning to pick up their children causing a constant flow of traffic. The sand courts are already being advertised.
Mr. Bond asked Mr. Paluch how far the courts were from his house.
Mr. Paluch stated it was quite a distance, but his concern was based on the increased traffic flow as shown in the graphs he presented to the Board.
Mr. Bond asked the anticipated time frame for the apartment buildings.
Mr. Pinnavaia responded that the project was still in the planning process. They were granted a variance from this Board last month on the size of the roadway.
Mr. Hughes asked the applicant to clarify the peak season for the summer operations.
Mr. Hill stated the peak season for the building is from December through May. After mid-May the building quiets down. 80% of business is done from December through the end of May. Summer camps are sometimes held in the summer. The sand volley ball is recreational with leagues. The youth volleyball has tournaments with 24 teams and people are waiting to play. The beach volleyball leagues play their games and leave. On weekends with tournaments there will be traffic, but will not equal the traffic with the inside activities. The sand tennis is something they’re looking into. All together, it’s four courts. As far as leasing the property versus building behind the building, there is no bathroom accessibility behind the building.
Mr. Bond asked if the facility will be open while the games are going on.
Mr. Hill stated the building will be open and there will be monitoring.
Mr. Hughes asked the applicant to define the cutoff for the summer leagues and if the applicant would be willing to accept a four month variance and then re-visit the operation next spring.
The indoor volleyball will not start until November. He would need May through mid-September or October lst.
Motion by Mr. Bond, seconded by Mr. Hughes, to close the public hearing and grant a temporary variance for property located at 240 Westminister Road to allow outdoor activity of amusement and parking for a period of time from May 1, 2010 through September 30, 2010 with no game to start later than 9:00 p.m. and no lights without returning to the Zoning Board of Appeals.
| Ayes: All | Noes: None | Motion Carried |
ADJOURNMENT:
Motion by Mrs. Rosenswie, seconded by Mr. Bond, to close the public hearing and adjourn the meeting (8:15 p.m.)
Respectfully submitted,
Patricia C. DePasquale, RMC/CMC
Secretary