Zoning Board Minutes 07/28/2010
WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
1250 Union Road Minutes #2010-07
West Seneca, NY 14224 July 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, July 28, 2010 at 7:00 P.M. followed by the Pledge of Allegiance.
ROLL CALL: Present - William Bond, Chairman
Sandra Giese Rosenswie
Michael P. Harmon
David Monolopolus
Shawn P. Martin, Town Attorney
Robert Pinnavaia, Asst Code Enforcement Officer
Excused - Michael P. Hughes
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. Harmon, to approve Minutes #2010-06, June 23, 2010.
Ayes: All Noes: None Motion Carried
OLD BUSINESS:
2010-020 Request of Rane Nite club for a variance for property located at 3036 Seneca Street to allow outdoor events.
Motion by Mr. Harmon, seconded by Mr. Monolopolus, to remove this item from the table.
Ayes: All Noes: None Motion Carried
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Motion by Mr. Harmon, seconded by Mrs. Rosenswie, to table this item until the August meeting based on the absence of one Zoning Board member.
Ayes: All Noes: None Motion Carried
2010-039 Request of Trinity Christian Church for a variance for property located at 146 Reserve Road to erect oversized pedestal sign with zero ground clearance.
Dale Bielecki, 3350 Angle Road, Orchard Park, representing Trinity Christian Church, stated additional research was done on the proposed sign for illumination purposes for daytime and nighttime automatic dimmers, as well as the colors for the light bulbs. It was determined that amber was the best color. He also obtained approval from additional property owners and addresses of other residents who have no objection to the project.
Code Enforcement Officer Robert Pinnavaia noted that the allowable size of a sign in a residential district is 25 ft; in a commercial district, 40 sq ft. The applicant is requesting variances for 0 ground clearance and an oversized sign of 60 sq ft, which includes the brick.
Mr. Bielecki stated the sign comes with an automatic dimmer and ten brightness levels which can be set. The extra cost incurred for the daytime/nighttime feature has been approved by the Church Council. The sign will also be moved closer to the Church as opposed to Reserve Road, and some trees may be removed so that the sign does not interfere with traffic patterns. The sign is programmable and the color amber appears to be the easiest on the eyes.
Laurie Newell, 120 Reserve Road, stated her home is immediately adjacent to the proposed sign and questioned if the proposed sign will be brighter than the current one. Their bedroom window faces the sign and they need cardboard in the window in order to block the light. The brightness of the light from the sign also interferes with their ability to see traffic on Reserve Road when backing out of their driveway at night.
Mr. Bielecki explained the different levels of brightness and stated that the proposed sign will actually be dimmer than what is there now.
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West Seneca, NY 14224 July 28, 2010
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Mr. Harmon asked for a clarification on the brightness of the proposed sign and if it would be less bright than the current sign.
Mr. Monolopolus suggested that the sign be turned off at 9:00 p.m.
Mr. Bielecki responded that there were electrical issues with the Church that need to be addressed and turning the light off at 9:00 p.m. would pose no problem.
Mr. Pinnavia noted that the Zoning Board of Appeals can only approve the size of the sign and the zero clearance: the issue of the changeable copy must go before the Town board. According to the ordinance, all signs must be turned off by midnight.
Mr. Bond stated his concern was that the lit portion of the sign was no larger than what is there currently. He felt the Church did not need the sign lit after 9:00 p.m. He questioned Ms. Newell if backing out of her driveway was adversely affected by the size of the sign or is brightness.
Ms. Newell responded that it was both the brightness of the sign and its location. She would have no objection to the proposed sign if it was moved closer to the Church and the lights were dimmed.
Mr. Bond questioned Mr. Bielecki if the Church would have any objection to moving the sign another 10 feet closer to the Church.
Mr. Bielecki responded that would not present a problem. He also planned on taking the trees out that may be an obstacle to vision when pulling out.
Mr. Pinnavaia noted that the sign right now is in the right of way.
Jearie Thiel, 114 Reserve Road, referred to the red LED lights mentioned by Mr. Bielecki at last month’s meeting and questioned if they were now going to be amber.
Mr. Bielecki stated that was correct.
Mr. Bond stated the lighting issue, including the scrolling issue, is addressed by the Town Board. This Board is concerned with its size and location.
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Leonard Kowalczewski, 119 Reserve Road, stated his concern was that the sign be removed from the County right of way and closer to the Church.
Motion by Mr. Monolopolus, seconded by Mrs. Rosenswie, to close the public hearing and grant variances for property located at 146 Reserve Road to erect an oversized pedestal sign, with the footprint of the sign being off the right of way and starting at 15 ft off the building, and for the sign to be allowed zero clearance.
Ayes: All Noes: None Motion Carried
V. NEW BUSINESS:
2010-044 Request of John & Connie Morrow for a variance for property located at 98 Woodward Drive to install driveway 3 inches from side property line.
John Sebastiano, contractor, appearing with applicant John Morrow.
Mr. Bond noted the application states the driveway would be 3 inches from the side property line.
Mr. Sebastianto stated that was correct and the driveway would be 9 feet wide. This is the only way to get to the garage.
Mr. Bond asked if the applicant intended on turning the old garage into a family room.
Mr. Sebastiano stated he was unsure of the applicant’s intentions, but he proposed to center pitch the 30 ft section. Mr. Morrow has already piped in all of his downspouts professionally and any water that would rain on the driveway would go to the center to the existing driveway and on to the street.
Mr. Monolopolus questioned if the applicant obtained a letter from the neighbor to the rear of the new garage.
Mr. Sebastiano stated it was his assumption they had no problem with the proposal. Mr. Morrow attempted to contact his elderly neighbor but was unsuccessful.
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John Morrow, 98 Woodward, stated he did speak to the elderly neighbor who indicated there should be no garage because there hasn’t been one there for 33 years. She and her husband were also before the Board several years ago and denied an apartment addition to their home. The neighbor also indicated she didn’t think there was enough room for the driveway and she plans on selling within the next few years and feels it will force the property value down.
Mr. Bond questioned how much distance there was between the applicant’s side line and the neighbor’s house.
Mr. Morrow stated about 20 to 30 feet.
Mr. Harmon noted the survey shows the driveway to be 3 ft away from the lot line.
Mr. Morrow stated the driveway is 9 ft wide, with 9 ft 11 inches from the back corner to the property line.
Mr. Harmon stated the applicant is saying 11 inches but is asking for 3 inches. The Board could grant the variance for 10 inches and applicant would still be within the 9 ft width on the concrete.
No comments were heard from the public.
Motion by Mr. Harmon, seconded by Mr. Monolopolus, to grant a variance for property located at 98 Woodward Drive to install driveway with reduced separation from the required 3 ft to 10 inches from side property line.
On the question, Mr. Bond stated he would be voting in favor of the variance due to the 20 ft distance from the house.
Ayes: All Noes: None Motion Carried
2010-045 Request of Roger & Pamela Shepard for a variance for property located at 53 Summit Avenue to erect covered porch into required front yard setback and closer to garage.
Roger Shepard, 53 Summit Avenue, stated he would like to extend the porch 8 ft out on the front and 5 ft on the side. Other houses in the
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immediate area extend out farther than his house. Letters of no objection were submitted from residents at 47 Summit Avenue, 52 Summit Avenue, 66 Summit Avenue, and the owner of 61 Summit Avenue.
Mr. Bond noted he did see a number of homes on the street extending our farther than the applicant’s house.
Mr. Harmon commented that he understood the request to encroach in the front yard set back, but questioned the need to come around the side to the garage.
Mr. Shepard stated he wanted to place a sliding door where the window is on the side of the garage.
Mr. Harmon noted the applicant will have only a 6ft area to access the back yard.
Mr. Shepard responded that he had no problem with that.
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 53 Summit Avenue to erect covered porch into required front yard setback and closer to garage.
Ayes: All Noes: None Motion carried
2010-046 Request of Al Krueger for a variance for property located at 22 Muriel Drive to erect shed and permission to reduce setback from house.
Al Krueger, 22 Muriel Drive, stated there was an attached shed on the property which did not meet code when he purchased the house. The shed was removed and the driveway extended so that the shed could be located behind the garage off the corner of the garage. He was unaware of the required 10 ft separation at the time. The shed is sided. The property has been upgraded with new windows and new roof. The side yard pitches down as well as the back yard to the end of the lot so there is no other place to put the shed.
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Mr. Bond noted the reason for the 10 ft separation is for emergency vehicles to access the property.
Mr. Kruger stated that the shed was scaled from 12 ft x 10 ft to 10 ft x 8 ft which will allow 4 ft from the corner of the garage to the corner of the shed. Signatures of residents with no objection were submitted from residents at 21 Muriel, 14 Muriel, 10 Joanne Drive, and 18 Joanne Drive.
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 22 Muriel Drive to erect shed with reduced setback from house.
Ayes: All Noes: None Motion Carried
2010-047 Request of Rocco A. Carbone for a variance for property located at 5 Caldwell Drive to install reserved parking space less than 20 ft from front property line.
Rocco Carbone, 5 Caldwell Drive, stated that at the time he purchased his property, the contractor advised him that third lanes were added on a normal basis. He found this to be in error and is 12 ft instead of 20 ft from the street. He is requesting a variance for additional parking for the family, specifically for his 74 year old mother. Letters of no objection were submitted from residents at 11 Caldwell and 9 Caldwell.
Mr. Pinnavaia noted this is a brand new subdivision and looks attractive but it is an entrance street and there will eventually be parking spaces out in front of everyone’s house. It begins to taper from the sidewalk and he will be using the same apron as for the house, but the squared off part should be 20 ft back from the front property line for parking of vehicles and that is the reason the applicant needs a variance. He asked the applicant if he was more than 3 ft from the side property line.
Mr. Carbone stated that he was more than 3 ft.
Mr. Pinnavaia noted that there is a swale between the two parties. In order to make the swale work, the applicant has to be more than 3 ft from the side property line.
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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 at 5 Caldwell Drive to install reserved parking space less than 20 ft from front property line.
Ayes: All Noes: None Motion Carried
2010-048 Request of John Tighe for a variance for property located at 329 Main Street to erect temporary carport on pad immediately adjacent to house.
John Tighe, 329 Main Street, stated he is erecting a temporary carport in the event it has to be moved. It is held by stakes in the ground and is portable.
Mr. Pinnavaia stated this is a front yard set back. Temporary structures need a ZBA variance. It’s considered temporary because it has no foundation and applicant also needs a set back variance.
Mr. Monolopolus questioned if this was considered a large carport.
Mr. Tighe stated that was correct.
Letters of no objection were submitted from 343 Main Street and 321 Main Street.
No comments were heard from the public.
Motion by Mr. Bond, seconded by Mrs. Rosenswie, to close the public hearing and grant a variance for property located at 329 Main Street to erect temporary carport on pad immediately adjacent to house.
Ayes: All Noes: None Motion Carried
2010-049 Request of Nathan Zimmer for a variance for property located at 67 Roycroft Drive to erect roofed front porch 22.92 ft from front property line.
Nathan Zimmer, contractor, appeared on behalf of the property owners, Paul and Mary Russo, 67 Roycroft Drive. Letters of no objection to the
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roofed front porch were submitted from residents at 73 Roycroft, 62 Roycroft and 61 Roycroft Drive.
Mr. Bond noted that he drove down Roycroft Drive and did not see another house on the street with a porch extending out. Granting a variance for this situation would be setting a precedent and he felt a better location for the porch would be the back of the house.
Mr. Zimmer stated originally he had stated the reasons for the requested variance were based on aesthetics and for convenience. The front door has two concrete steps and is not covered. The weather comes from the west and snow drifts to the front stoop which is their main entrance to the house. They were like a covered porch for that reason and also to make it safer when coming in or out of the house with small children.
No comments were heard from the public.
Motion by Mr. Monolopolus, seconded by Mr. Harmon, to close the public hearing and grant a variance for property located at 67 Roycroft Drive to erect roofed front porch 22.92 ft from front property line.
On the question, Mr. Bond noted his opposition to the variance was based on the setting of a precedent as outlined earlier.
Ayes: Three (3) Mr. Monolopolus, Mr. Harmon, Mrs. Rosenswie
Noes: One (1) Mr. Bond Motion Carried
2010-050 Request of Wendy's for a variance for property located at 2021 Ridge Road to erect required parking lot screening to adjacent lot.
Richard Consaul, Director of Operations, Wendy’s, 2021 Ridge Road, stated the house immediately to the west of the property was demolished. There was a fence on the original property line which is no longer there. Eventually, Wendy’s plans on knocking the existing building down and turning it toward Orchard Park Road and the fence will have to be moved to the other property line. It was the decision of Wendy’s to do that now rather than later.
Mr. Pinnavaia stated the code requires a fence between a commercial and residential property. The house that was demolished was zoned
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residential. When they go through this expansion, even if it is a parking lot, the property will have to go for a rezoning.
No comments were received from the public.
Motion by Mrs. Rosenswie, seconded by Mr. Monolopolus, to close the public hearing and grant a variance for property located at 2021 Ridge Road to erect required parking lot screening to adjacent lot.
Ayes: All Noes: None Motion Carried
2010-051 Request of Zaxis Architectural PC for a variance for property located at 800 Harlem Road to allow reduction of required parking spaces and reduction of vehicle stacking from 10 to 3 spaces.
Doug Hutter, Architect, Zaxis Architectural PC, 4245 Union Road, appeared on behalf of Key Bank and the Plaza owner, Benderson Development. Key Bank is proposing an ATM kiosk which will be an unmanned, small structure, which will be placed in the parking lot at the corner.
Mr. Bond questioned the number of parking spaces which will be lost.
Mr. Hutter stated they will be losing 8 parking spaces in order to create the structure and the needed drive-thru stacking. There are currently 612 parking spaces in the plaza. The occupants of the Chinese restaurant recently expanded and as the current table load increased, the current plaza became part to an equivalent level of spaces that Benderson Development could place on the site. According to the calculations of Mr. Pinnavaia, a reduction in the required parking spaces is needed as there is no other space to put any more parking stalls on the site. The current town code is based on the traditional drive-thru lane. This is the first community they have come across with an out-dated code for this type of situation.
Mr. Pinnavaia noted the reason they are maxed out is because the Chinese restaurant is based on sq ft seating and there is also a Fitness 19 gym. Originally the plaza was merchantile.
No comments were received from the public.
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2010-051 (Continued)
Motion by Mr. Harmon, seconded by Mrs. Rosenswie, to close the public hearing and grant a variance for property located at 800 Harlem Road to allow reduction of required parking spaces and reduction of vehicle stacking from 10 to 3 spaces.
Ayes: All Noes: None Motion Carried
2010-052 Request of Eugene Owczarczak for a variance for property located at 54 Cove Hollow to encroach on front setback requirement by 6.5 inches.
Gene Owczarczak, contractor, stated due to a surveying error on the property at 54 Cove Hollow, a variance is needed for 6.5 inches. He presented a copy of the survey to the neighbors on both sides, 58 Cove Hollow and 50 Cove Hollow and explained the situation to them. There were no objections and both neighbors signed the survey, indicating same.
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 54 Cove Hollow to encroach on front setback requirement by 6.5 inches.
Ayes: All Noes: None Motion Carried
2010-053 Request of Al Montgomery & Candy Kozaczka for a variance for property located at 91 Sunrise Terrace to erect 6 ft high fence in side yard.
Al Montgomery and Candy Kozaczka, 91 Sunrise Terrace, appeared on the request. Mr. Montgomery stated he is requesting a variance for the 6 ft fence to be run from the back of the property to the front of the house.
Mr. Harmon asked if the proposed fence was to be even with the front of the house, or past the front of the house.
Mr. Montgomery replied it would be even with the front porch.
Mr. Bond noted this appears to be a neighbor problem and these are commonly referred to as spite fences. As he drove around the neighborhood he saw only one 6 ft high fence in the side yard on a corner property. The survey shows the proposed fence on the side of the
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house away from the door which may indicate a problem with the neighbor. There are already 6 ft high bushes between the properties which can be considered a fence and in violation of the ordinance.
Mr. Harmon asked the distance from the proposed fence to the lot line of the neighbor next door.
Mr. Montgomery replied 10 to 15 feet.
Mr. Bond noted it appeared to be 6 to 8 feet.
Mr. Harmon asked if applicant had informed that neighbor of the intention to request a variance for this fence.
Mr. Montgomery replied that he had not. There have been a number of problems with that particular neighbor, including sump pump issues. Options for a graduated height for sections of the fence were discussed with the members.
Mr. Harmon suggested as a compromise the applicant start with the 6 ft fence 50 ft back from the front lot line, then go back to the back lot line and from that point forward, a 4 ft fence.
Mr. Bond noted his concern that the adjoining neighbor with whom the applicant apparently has had problems in the past, is not aware of the request for a variance.
Motion by Mr. Harmon, seconded by Mr. Monolopolus, to table this item until the August meeting for notification of the immediate adjoining neighbors on Sunrise Terrace.
Ayes: All Noes: None Motion Carried
2010-054 Request of Express Sign for a variance for property located at 1780 Union Road to erect addition to sign exceeding 40 sq ft allowable size.
Richard Johnson, 1780 Union Road, Express Signs, stated the request is for a variance to place a LED message center under the existing 4 x 8 sign which will be replaced.
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Mr. Bond noted that the LED portion of the sign goes before the Town Board and this Board addresses the size of the sign.
Mr. Johnson stated the whole pole will be enclosed. It will be similar to the Graeber sign on Union Road across from Town Hall. The total size of the sign will be 54.4 sq ft.
No comments were heard from the public.
Motion by Mr. Bond, seconded by Mrs. Rosenswie, to close the public hearing and grant a variance for property located at 1780 Union Road to erect addition to sign exceeding 40 sq ft allowable size (54.4 sq ft).
ADJOURNMENT:
Motion by Mrs. Rosenswie, seconded by Mr. Monolopolus, to close the public hearing and adjourn the meeting (8:30 p.m.)
Ayes: All Noes: None Motion Carried
Respectfully submitted,
Patricia C. DePasquale, RMC/CMC
Secretary