Zoning Board Minutes 10/27/2010
WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
1250 Union Road Minutes #2010-10
West Seneca, NY 14224 October 27, 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, October 27, 2010 at 7:00 P.M. followed by the Pledge of Allegiance.
ROLL CALL: Present - William Bond, Chairman
Michael P. Hughes
Sandra Giese Rosenswie
Michael P. Harmon
David Monolopolus
Shawn P. Martin, Town Attorney
Robert Pinnavaia, Code Enforcement Officer
OPENING OF PUBLIC HEARING
Motion by Mrs. Rosenswie, seconded by Mr. Monolopolus, to open the Public Hearing.
Ayes: All Noes: None Motion Carried
APPROVAL OF PROOFS OF PUBLICATION
Motion by Mr. Hughes, seconded by Mr. Monolopolus, to approve the proofs of publication and posting of legal notice.
Ayes: All Noes: None Motion Carried
APPROVAL OF MINUTES
Motion by Mr. Hughes, seconded by Mr. Monolopolus, to approve Minutes #2010-09, September 22, 2010.
Ayes: All Noes: None Motion Carried
NEW BUSINESS:
2010-065 Request of Matthew J. Stachowiak for a variance for property located at 2339 Union Road to allow live music.
Matthew Stachowiak, 22 Milton Street, West Seneca, stated that his restaurant is currently being operated at a disadvantage since it must compete with other establishments in town that have live music. He understands the problems associated with the previous establishment, Rock ‘n Roll Heaven but emphasized that the neighbors will not be subjected to the loud noise and other problems associated with Rock ‘n
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Roll Heaven. The clientele is completely different. He and his wife have talked to the neighbors. They both currently play in the band and at one time played at Rock ‘n Roll Heaven. He stated the sound system used by Rock n’ Roll Heaven was over 20,000 watts of power which is enough for a band to play Shea’s or Kleinhans. Letters of no objection were submitted from the apartment complex at 2251 Union Road, 65 Forest, 8 Greenfield Avenue, Galaxy Motors, Denny’s Restaurant, and Garden Village Plaza and a doctor’s office, and 2278 Union Road, another apartment complex on Union Road. He noted they also ran a business on Southwestern Boulevard and submitted letters from the Orchard Park Police Department stating there were no problems with that establishment.
Mr. Bond questioned the hours of operation.
Mr. Stachowski stated that at his other location the bands started at 7:00 p.m. on Friday and were done by 10:00 p.m. A second band started at 10:00 p.m. and was done by 2:00 a.m.. The Saturday bands started at 11:00 p.m. and were done by 2:00 a.m. and 3:00 a.m. During the week, the bands start at 7:00 p.m. or 8:00 p.m. and were done by 10:00 p.m. or 11:00 p.m.
Mr. Bond noted that the town has a noise ordinance and the Police Department has a noise meter to measure the noise. He questioned Mr. Pinnavaia if he had access to the noise meter.
Mr. Pinnavaia responded that any noise complaints should be directed to the Police Department. A report is then submitted to him and a violation is then written to the owner of the business.
Mr. Stachowski stated he would obtain his own noise meter to test the level of noise from the bands. The sound system they have is 1500 watts as opposed to the 20,000 watts of the previously operated establishment. They also have air conditioning and there is no need to open the windows. They have also reconfigured the stage so that the noise will not radiate to the direction of the neighbors’ residences. He noted that the restaurant serves food and welcomes the neighbors to come in for dinner. There are a number of neighbors who come in now for a fish fry and his customers would not tolerate a high volume of noise in the restaurant.
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Mr. Monolopolus questioned how many days a week the bands would be playing and if the applicant was planning on any kind of car shows.
Mr. Stachowski stated the bands would be starting earlier in the week than on the weekends. The latest they would end on the weekends would be 3:00 a.m. He noted that if they do plan on doing a car show one at this location it would be inside.
Mr. Monolopolus questioned the capacity of the building.
Mr. Stachowski responded the capacity was between 140 and 146.
Tom Reese, 23 Greenfield, stated he was raised on the street and his concerns center around the noise level. He has visited the previous establishment in the past which he enjoyed but he would not want it in his back yard. He has experienced motorcycles leaving the restaurant late at night when his children are trying to sleep. The applicant may have good intentions about keeping the noise down but that is no guarantee for the future in the event this establishment changes hands.
Mr. Martin stated any variance granted would be restricted to the current owner.
Mr. Bond noted that the Board would place limitations on the hours for the music during the week. The parking of motorcycles is another issue.
George Northem, 16 Greenfield Avenue, stated he appreciated the owner speaking with the neighbors on this issue. He has lived on Greenfield for twenty years and it has always been a quiet street. When the previous establishment came before the town for a banquet hall, the neighbors were told it would never turn into a bar. He commented on the noises made by conversations outside the bar. He was also concerned with future uses of the property and was opposed to the noise generated by the motorcycles leaving the premises after it closes. He felt there were better areas in town for this type of business.
Mr. Bond commented that a rezoning stays with the property whereas variances are given to the particular establishment.
Lawrence Meyers, 36 Greenfield Avenue, stated the neighbors appeared before the Planning and Town Boards on previous occasions in objection
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to live music. Assurances may be given on controlling the noise but the fact is the building was never designed for that purpose; it was designed for a restaurant. There are a number of children living on Greenfield and the town has a responsibility, together with the parents, to those children who should not be expected to get up and go to school in the morning when they’ve been subjected to loud music the night before. Some of the residents work on weekends and would be subjected to loud music late at night. This is not fair to any of the residents. The applicant has the right to make a living but the neighbors should not have to sacrifice their quality of life. There are good uses for the building but live music is not one of them. The building is also surrounded by senior housing and the houses on that side of Greenfield have their bedroom windows facing the establishment. There is no control on where motorcycles park. This is a residential neighborhood and inappropriate for live music.
Mr. Hughes questioned the Code Enforcement Officer on the zoning for the property.
Mr. Pinnavaia responded that the property was zoned commercial. The applicant is still allowed artificial music without a variance and elicit complaints from the neighbors about loud music. The zoning code was printed in 1963 and does not allow live music, but allows recorded music or a DJ. A sound meter can be placed at the property line and between the hours of 11:00 p.m. and 7:00 a.m., the meter cannot read over 65 decibels which is low on the scale of the sound meter. Between the hours of 7:00 a.m. and 11:00 p.m., 95 decibels is allowed.
A resident of 2278 Union Road stated she lives directly across from the establishment. Different businesses have been located on the site and it is true that Rock ‘n Roll Heaven was abusive. She has been at the current applicant’s place of business and has seen families with children there. There is a juke box which is always low in volume so that people can socialize. The town does need a business in that plaza because other than Dollar General it’s a waste land. She felt the operators of the business should be given a chance.
Jeff Schwing, Greenfield Avenue, stated there should be no live music during the week and the operators need to police the parking lot for motorcycle abuse.
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Mr. Bond questioned Mr. Schwing if he would have objection to the Zoning Board placing a one-year limitation on the variance with the applicant to return after a year.
Mr. Schwing stated that would be acceptable to him. He has had no serious problem and the operator seems to be willing to cooperate with the neighbors.
Corinne Northem, 16 Greenfield Avenue, asked the Board to confirm that a new owner would have to go through this same process.
Mr. Martin stated a variance is a request to do something different than what the zoning code allows and in doing that the Board can enact restrictions.
Ms. Northem questioned the legal ramifications with the Board setting a precedence by allowing this applicant to have live music.
Mr. Bond noted this request can be differentiated from another request.
Ms. Northem stated the concern of the neighbors is what will happen when a new owner comes in. Every bar that has played canned music has not necessarily been a problem; it is the live music that creates a problem and it makes living on Greenfield unbearable. They were aware when they purchased their house 22 years ago that behind them was commercial property but it was never a bar and alcohol was not involved. They have had to adapt on several occasions and they do not want to be forced to adapt again.
A resident of 194 Garry Lane, South Cheektowaga, stated she has known the applicants for a number of years and has worked for Rhino’s. A number of seniors and families come in as customers and there have been no complaints. New York State is struggling and the applicants should be given a chance to succeed in their business. Tony Rome’s and Metzers have bands and to deny the applicants would be unfair. Customers with motorcycles are asked to be considerate of the neighbors and park their motorcycles on the Denny’s side of the restaurant. She also did not feel that the motorcycle operators were being abusive in terms of noise.
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West Seneca, NY 14224 October 27, 2010
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Mr. Stachowiak responded that he can sympathize with the neighbors’ complaints with regard to Rock ‘n Roll Heaven but wanted to assure them that his establishment would be much different. Their problem is trying to compete with the number of other establishments in town that have live music. Every business gets complaints. Even Applebee’s in Southgate Plaza and Pasquale’s have live music without coming before this Board. If they are required to stop their bands at 9:00 p.m. on weekdays, their customers will simply leave and go to the other bars that have live music until 10:00 or 11:00 p.m. Motorcycles can be loud and he referenced a motorcycle that left Greenfield Avenue recently which they were able to hear from the restaurant site. There has to be some type of reasonableness when it comes to restaurants. The problems started with Rock ‘n Roll Heaven and they are attempting to avoid those problems.
Motion by Mr. Bond, seconded by Mrs. Rosenswie, to close the public hearing and grant a variance for property located at 2339 Union Road to allow inside live music for a one-year period of time, with the live music no later than 2:00 a.m. on Friday and Saturdays and no later than 9:00 p.m. during the week, conditioned on applicant purchasing a noise meter to be present on the inside of the premises; and with the applicant to appear before this Board by October 1, 2011 to request a renewal of the variance.
Motion by Mr. Monolopolous, seconded by Bond, to amend the motion and require parking of motorcycles on the Denny’s side of the establishment.
On the question, Mr. Bond stated he would be voing in favor of the motion since it was his opinion the variance would not change the character of the neighborhood since the applicant could have artificial music without appearing before the Board and the conditions placed on the variance should somewhat appease the neighbors.
Ayes: All Noes: None Motion carried
2010-066 Request of Robert Weimer for a variance for property located at 2637 Seneca Street to erect garage 26 ft from front property line and 9.5 ft from exterior side yard property line.
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Robert Weimer, 2637 Seneca Street, stated he is proposing to build a two-car garage in the front yard and convert the existing garage to a recreation room. He currently has two apartments.
Mr. Bond noted the ordinance requires 30 ft; the applicant is requesting 24 ft. He questioned why applicant could not move 6 ft farther back.
Mr. Weimer responded that was possible but he would still have the problem on the side. He would like as much parking space as possible.
Mr. Bond noted there was a concrete carport with about 30 ft of open space where cars could be parked or where a garage could be erected.
Mr. Weimer stated he has a number of items that he does not want to be left out in the elements and would prefer that his tenants park their vehicles in the carport. He would like more space for cars outside the garage so that he can store items inside the garage.
Mr. Hughes questioned the applicant if he was operating a business from his property.
Mr. Weimer stated he was not.
Mr. Bond questioned the appearance of a back of a garage facing Seneca Street.
Mr. Weimer stated he was planning on having the front door on the back side of the garage facing Seneca Street. Applicant reviewed his plan with the Zoning Board members.
No comments were heard from the public.
Mr. Bond noted that the ordinance requires 30 ft from the front which is only 6 more feet. If the garage was moved back 6 more feet it would only mean 6 less feet to park other cars.
Mr. Weimer did have any letters from the neighbors; he had attempted to reach the neighbor directly adjacent on Seneca Street but received no response.
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West Seneca, NY 14224 October 27, 2010
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Mr. Bond noted his concern was that the neighbor was aware of the applicant’s intention.
Motion by Mr. Bond, seconded by Mrs. Rosenswie, to close the public hearing and grant a variance for property located at 2637 Seneca Street to erect garage 9.5 ft from exterior side yard property line with the stipulation that the garage have a door and two windows facing Seneca Street.
Ayes: All Noes: None Motion carried
2010-067 Request of John F. Hasse for a variance for property located at 149 Tindle Avenue to enclose existing structure in front yard setback (pre-existing and non-conforming).
Mr. Bond noted the absence of the applicant and directed its placement on next month’s agenda.
2010-068 Request of Frank L. Hewson, City Fence, for a variance for property located at 365 Mineral Springs Road to erect 6 ft high fence in required front yard and 7 ft high fence in exterior side yard.
Frank Hewson, City Fence, appeared on behalf of National Fuel to replace an existing fence with a 6 ft fence inside the property line to provide security for the property. The fence will be black vinyl, chain link fence on a galvanized frame. The existing fence has been inexistence since 1929. It will be 6 ft all the way around; not 7 ft in the exterior side yard as listed on the application.
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 365 Mineral Springs Road to erect 6 ft high fence in required front yard and in the exterior side yard.
Ayes: All Noes: None Motion carried
WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
1250 Union Road Minutes #2010-10
West Seneca, NY 14224 October 27, 2010
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ADJOURNMENT:
Motion by Mr. Bond, seconded by Mr. Monolopolus, to close the public hearing and adjourn the meeting.
Ayes: All Noes: None Motion carried
Respectfully submitted,
Patricia C. DePasquale, RMC/CMC
Town Clerk