Board of Appeals Meeting Minutes 02/24/2010

WEST SENECA TOWN OFFICES              WEST SENECA ZONING BOARD
1250 Union Road                                        Minutes #2010-02
West Seneca, NY 14224                               February 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 Mr. Hughes, seconded by Mr. Monolopolus, to open the Public Hearing.

APPROVAL OF PROOFS OF PUBLICATION

Motion by Mr. Monolopolus, seconded by Mr. Hughes, 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       #2010-01, January 27, 2010.

NEW BUSINESS:

2010-002 Request of Hearts for the Homeless for a variance for property located at 4100 Seneca Street to conduct business outside.

Mr. Harmon noted the absence of applicant.

Motion by Mrs. Rosenswie, seconded by Mr. Monolopolus, to table this item until the end of the meeting.

2010-003 Request of Kevin Montroy for a variance for property located at 210 Leocrest Ct to erect 6 ft high fence in exterior side yard.

Reda Montroy, 210 Leocrest Ct., stated she is the wife of applicant. They are requesting a 6 ft privacy stockade fence to be erected in line with the neighbor’s fence.

Mr. Harmon noted the applicant’s plan has the fence coming in to the side yard 18 ft.

Mrs. Montroy reviewed the plan and survey and proposed location of the fence with the Zoning Board members. Letters of no objection were submitted from neighbors at 209 Charlescrest and 202 Leocrest.

Mr. Harmon noted the letters of consent were not specific on exactly what the applicant was requesting.

Mrs. Montroy stated she provided photos to the neighbors showing the proposed location of the fence. There will be an opening in the fence without a gate.

Mr. Harmon questioned how close the fence will be to the street.

Mrs. Montroy responded there is approximately 5 ft of lawn between the fence and the street itself. There are no sidewalks.

Mr. Harmon noted the concern of the Board in the lack of visibility when backing out of the driveway with a 6 ft stockade fence that close to the street.

Mr. Hughes suggested shortening the fence in the front portion.

Mrs. Montroy questioned the possibility of a lattice type fence.

Mr. Harmon reiterated his concern for any fence that will restrict the vision of applicants. 20 ft of the fence could be reduced to 4 ft and then graduating to a 6 ft fence.

Mr. Pinnavaia suggesting cutting the corner on an angle 10 ft.  This option was reviewed with the applicant and Board members.

No comments were heard from the public.

Motion by Mr. Harmon, seconded by Mr. Monolopolus, to close the public hearing and grant a variance for property located at 210 Leocrest Ct to erect 6 ft high fence in exterior side yard, provided that the applicant extend out only 8 ft from the house toward the street and then back to the northwest corner of the property on an angle.

Ayes: All       Noes: None   Motion Carried

2010-004 Request of William Schutt & Associates for a variance for property located at Birchwood Ave at Meyer Road to reduce required bulk area and required driveway access.

Patricia Bittar of Wm. Schutt & Associates, 37 Central Avenue, Lancaster, reviewed the overall property boundary survey with the Board members. The project area is two parcels for a total of 16.3 acres with 144 proposed units. There was a previous proposal for this property back in the 70’s for over 200 units, but that project was never constructed. The number of units proposed now with the garages are such that will be economically feasible to the developer. The perimeter area and wetlands were also reviewed with the Board members. There is a 50 ft buffer required by the Town Board that has to be preserved and another piece of property that must be preserved in its natural state. The 144 units will sit on 16.3 acres and under the ordinance 17.17 acres are necessary; therefore the request for a 10% increased density. There is a 30 ft wide drive aisle in but as soon as it enters into parking spaces, the drive aisle is reduced to 24 ft. The template for a truck turning radius was used with a 45 ft turning radius which was reviewed with John Gullo. Ms. Bittar referred to a previous multi family housing project at 2244 Union Road where there is a 30 ft drive on which was reduced to 25 ft as it entered the parking, and felt the 24 ft wide drive was doable for the site. An increase of 6 ft would add $40,000 to $50,000 in infrastructure costs, adversely affecting the economic feasibility of the project. Letters from the adjacent property owners were submitted.

Mr. Monolopolus expressed his concern with the ability of fire trucks to make the turns and what procedures would be taken to ensure parking would be prevented in the area where the width of the road was reduced.

Ms. Bittar responded that the fire chief had suggested no parking signage to prevent the parking in that area.

Mr. Harmon areferred to the letters of neighbors which only state that the site plan was reviewed and there was no objection to the site plan. He questioned if the neighbors were informed of the variance requests based specifically on reduction in bulk area and the width of the driveway.  

Brian Burke, Burke Development, 6455 Lake Avenue, Orchard Park, stated these issues were discussed in detail with the neighbors, as well as the conservation easement along the 400. The site plan was signed by the neighbors, indicating that they were aware of the issues being discussed tonight. They also received notice in the mail advising they could make comments.

Mr. Monolopolus referred to Mr. Gullo’s comments that there should be emergency vehicle signage indicating loading area and no parking placed at the pool area and community building, and felt those concerns should be complied with also.

Mr. Pinnavaia noted that the project still needs site plan review and the applicant should be aware that tonight’s action does not restrict the Planning Board in the site plan review process by superseding the parameters set tonight. The Planning Board can be more restrictive if it so chooses.

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 at Birchwood Ave at Meyer Road to reduce required bulk area and required driveway access , with the stipulation that the Fire Inspector approve the locations and number of signs for no parking in the fire lanes, community and pool areas for emergency vehicle parking.

2010-005   Request of Stanley Sajecki for a variance for property located at 25 Roosevelt Avenue to reduce required lot bulk area and reduce required parking spaces.

Stanley Sajecki, 25 Roosevelt Avenue, stated he is building a new 2-family side by side duplex with a garage. There are two spots for parking in front of the garage. Mr. Sajecki reviewed the plan and location of the proposed parking with the Zoning Board members and Mr. Pinnavaia.

Mr. Pinnavia stated the applicant purchased the lot subject to an existing survey from 1980 and since then, the County has taken frontage on Center Road. The applicant thought he was purchasing a legal lot for a double but the updated survey shows he is missing 17 feet.

No comments were heard from the public.

Motion by Mr. Harmon, seconded by Mr. Hughes, to close the public hearing and grant a variance for property located at 25 Roosevelt Avenue to reduce required lot bulk area from 13,000 sq ft to 11,972 sq ft, and deny the request for a variance to reduce required parking spaces.

2010-002Request of Hearts for the Homeless for a variance for property located at 4100 Seneca Street to conduct business outside.

Motion by Mrs. Rosenswie, seconded by Mr. Hughes, to remove this item from the table.

Motion by Mrs. Rosenswie, seconded by Mr. Hughes, to table this item until the next meeting, noting applicant has failed to appear for tonight’s meeting.

ADJOURNMENT:

Motion by Mrs. Rosenswie, seconded by Mr. Monolopolus, to close the public hearing and adjourn the meeting (7:35 p.m.)

Respectfully submitted,

Patricia C. DePasquale, RMC/CMC
Secretary