Zoning Board Minutes

WEST SENECA TOWN OFFICES                          ZONING BOARD OF APPEALS
1250 Union Road                                                   Minutes #2011-02
West Seneca, NY   14224                                     February 23, 2011
 
The regular meeting of the Zoning Board of Appeals of the Town of West Seneca was called to order by Chairman David Monolopolus on Wednesday, February 23, 2011 at 7:00 P.M. followed by the Pledge of Allegiance.
 
ROLL CALL:            Present    -     David Monolopolus, Chairman
                                                   Michael P. Hughes
                                                   Michael P. Harmon
                                                   Sandra Giese Rosenswie
                                                   Evelyn Hicks
                                                   Shawn P. Martin, Town Attorney
                                                   John Gullo, Code Enforcement Officer
                              
OPENING OF PUBLIC HEARING
 
Motion by Mr. Hughes, seconded by Mrs. Rosenswie, to open the Public Hearing. 
 
Ayes: All                             Noes: None                         Motion Carried
 
APPROVAL OF PROOFS OF PUBLICATION
 
Motion by Mr. Harmon, seconded by Mrs. Hicks, to approve the proofs of publication and posting of legal notice.
 
Ayes: All                             Noes: None                         Motion Carried
 
APPROVAL OF MINUTES
          
           Motion by Mr. Harmon, seconded by Mrs. Hicks, to approve Minutes          #2011-01, January 26, 2011.
 
          Ayes:   All                            Noes: None                        Motion Carried
 
NEW BUSINESS
 
2011-001     Request of Albert Sugg for a variance for property located at 390 Collins Avenue to erect garage closer to principal building than allowed.
 
                     John W. Sugg, appearing on behalf of applicant Albert Sugg, stated the garage on the premises was destroyed in the December storm and the applicant would like to replace it on the same foundation.
 
                     Mrs. Hicks questioned if the applicant built the original garage and if so, whether or not a variance was obtained at that time.
 
WEST SENECA TOWN OFFICES                          ZONING BOARD OF APPEALS
1250 Union Road                                                   Minutes #2011-02
West Seneca, NY   14224                                     February 23, 2010
                                                                       Page two . . . 
                    
2011-001      (Continued)
 
                     Mr. Sugg stated his father purchased the property in 1963 with the garage already there.
 
                     Mr. Monolopolus questioned if the replacement garage would have the same dimensions as the previous one.
 
                     Mr. Sugg responded in the affirmative.
 
                     Mr. Monolopolus noted the garage is 4 ft from the residence and asked the Code Enforcement Officer if a fire wall was required.
 
                     Mr. Gullo stated a fire separation was required on that side and the requirements will be reviewed with applicant at the time the building permit is processed.
 
                     A letter of no objection was submitted with signatures of the residents immediately adjacent to the property.
 
                     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 390 Collins Avenue to erect garage closer to principal building than allowed.
 
                     Ayes:   All                            Noes: None                       Motion Carried
 
2011-002     Request of Bernard P. Blocho, Jr. for a variance for property located at 27 Borden Road to erect garage higher than permitted.
 
                     Bernard Blocho, stated his intention is to erect a garage at the rear of the                     property for storage of his convertible and boat.
 
                     Mr. Harmon questioned how the garage would be accessed.
 
                     Mr. Blocho stated there will be a door at the back of the existing garage.                            The new doors will be at the front of the building. The garage will be a                        pole barn with steel siding and concrete floor.
 
                     Letters of no objection from residents at 17 Borden Road and 37 Borden                           Road were submitted.
 
WEST SENECA TOWN OFFICES                          ZONING BOARD OF APPEALS
1250 Union Road                                                   Minutes #2011-02
West Seneca, NY   14224                                     February 23, 2010
                                                                       Page three . . . 
                    
2011-002      (Continued)
                    
                     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 27 Borden Road to                               erect garage higher than permitted.
 
                     Ayes:   All                            Noes: None                       Motion Carried
 
 
2011-003     Request of Matthew J. Rutski for a variance for property located at 3680                              Seneca Street to erect second principal building.
 
                     Steve Jaworski, Attorney for Matthew Rutski, stated the applicant’s intention is to build a second primary residence on the lot as shown on the plan. Mr. Rutski will live upstairs and rent out the house he currently lives in. The second floor will be a three bedroom 2 bathroom apartment with the lower portion used for storage and applicant’s woodworking activities.
 
                     Mr. Hughes noted the new structure will be larger than the existing home and that the applicant previously appeared before this Board at which time the intent was for a garage with no living space.
 
                     Mr. Rutski stated that was correct.
 
                     Mr. Monolopolus asked if the front house is a single or two-family house.
 
                     Mr. Rutski stated it is a two-family.
 
                     Mr. Gullo noted the purpose today is to approve a second principal building. The two-family meets the zoning requirements. To add another unit, the applicant would need to appear before the Town Board for a change in zoning but would still need Zoning Board of Appeals approval for the set back. 
 
                     Mr. Harmon questioned the purpose of the garage doors in the front.
 
                     Mr. Rutski responded that the two-car garage door would be used by he and his wife; the middle car garage will be used to go straight through to the back of the garage; and the one on the far right would be for optional rental of the garage by a tenant.
WEST SENECA TOWN OFFICES                          ZONING BOARD OF APPEALS
1250 Union Road                                                   Minutes #2011-02
West Seneca, NY   14224                                     February 23, 2010
                                                                       Page four . . . 
                    
2011-003      (Continued)
 
                     Mr. Harmon asked for clarification on the use of the woodworking equipment to be stored in the garage.
 
                     Mr. Rutski stated he has some woodworking tools and a small workshop for his own personal use. 
 
                     Letters of no objection from residents at 3686 Seneca Street and 3676 Seneca Street were submitted.
 
                     Mr. Harmon questioned where the Florida room will be located.
 
                     Mr. Rutski stated the Florida room will be behind the two-car garage.
 
                     Mrs. Hicks asked the location of the workshop.
 
                     Mr. Rutski stated the workshop, when looking at the plan, is located at the rear right upper corner behind the single car garage.
 
                     Mr. Harmon stated the applicant has the approval of his neighbors and the only objection he would have is the size of the garage and the lot itself being small and thin. He questioned how many feet off the road the garage will be.
 
                     Mr. Rutski responded it would be approximately 140 feet off the road. The main house is 21.85 ft and sits back approximately 35 ft, with the proposed building at the back of the house.
 
                     Mrs. Hicks questioned if the height of the house will have any impact on the sight line or on drainage.
 
                     Mr. Rutski stated the back hill side is all tree lined and will have no impact. His lot contained approximately 48 trees at present.
 
                     Mr. Monolopolus stated his concern that this would set a precedent for future secondary residences where not allowed. 
 
                     Mr. Jaworski noted there are a number of other similar properties. If this Board were to grant this variance, it doesn’t necessarily mean future requests need to be approved, depending on the set of circumstances. The applicant intends to use the secondary building as his primary residence.
WEST SENECA TOWN OFFICES                          ZONING BOARD OF APPEALS
1250 Union Road                                                   Minutes #2011-02
West Seneca, NY   14224                                     February 23, 2010
                                                                       Page five . . . 
                    
2011-003      (Continued)
 
                     Mr. Monolopolus noted that does not mean the applicant will make this his permanent residence in the future.
 
                     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 3680 Seneca Street to erect second principal building.
 
                     On the question, Mr. Harmon noted this is a commercial area and applicant’s proposal will not adversely affect the character of the neighborhood, but cautioned that he would not want to see the woodworking shop used for commercial purposes in the future.
 
                     Ayes:   All                            Noes: None                       Motion Carried
 
2011-004     Request of John C. Polilla for a variance for property located at 1154 Center Road to erect garage higher than allowed by Code.
 
                     Motion by Mrs. Rosenswie, seconded by Mr. Hughes, to table this item until the March meeting, at the request of applicant.
 
                     Ayes:   All                            Noes: None                       Motion Carried
 
2011-05             Request of Ralph C. Lorigo, Esq., as attorney for SPCA, for a variance for           property located at 300 Harlem Road for permission to house an      assortment of different species of animals on a temporary basis.
                    
                     Ralph Lorigo, 101 Slade Avenue, attorney for SPCA, stated the applicant is looking for an interpretation of the code which this Board has the authority to do under Section 120-56. The property is located at 300 Harlem Road, is 10.2 acres in size and zoned M-2 which allows any use that is allowed in the Town of West Seneca, with the exception of a residence. C-2 zoning allows a veterinary hospital, kennels and the like; an M-2 zoning would also allow those uses “without limitation.” The Erie County SPCA is the second oldest SPCA in the country and would like to relocate from Tonawanda to West Seneca. The facility will be 38,000 sf which will include a staffed veterinary hospital. The SPCA performs animal cruelty investigations, 24-hour animal rescues, animal behavior and training, and foster care, provides neutering and spaying, and care for stray animals on a 24-hour basis. There are 92 employees that would
WEST SENECA TOWN OFFICES                          ZONING BOARD OF APPEALS
1250 Union Road                                                   Minutes #2011-02
West Seneca, NY   14224                                     February 23, 2010
                                                                       Page six . . . 
                    
2011-005      (Continued)
 
                     relocate to the Town of West Seneca. This is a major undertaking by the SPCA and of huge benefit to the Town of West Seneca. In addition to the 92 employees utilizing the services of the town, there will be people on a regular basis visiting the SPCA. The M-2 zoning is an allowable zoning for the services provided by the SPCA. 90% of the animals passing through the SPCA are dogs and cats; another 8% are comprised of small domesticated animals. The SPCA currently has one miniature horse. Referencing the Beth Hoskins case of abuse of horses, Mr. Lorigo stated the 73 horses removed from the Hoskins premises were housed elsewhere. Today, the SPCA has 33 remaining horses, none of which are housed at the SPCA. The SPCA has a petting zoo so there are small animals and noted the small barn shown on the plan. 
 
                     Mr. Hughes questioned the project cost and time line.
 
                     Mr. Lorigo responded that there is a contract entered into which contains a contingency open until March 13th. This is a major project which will cost between 6 to 8 million dollars and 11 to 12 million dollars for construction alone. The contract was entered into the end of last year but the SPCA has gone to fundraisers and committed roughly 4 million dollars so far. 
 
                     Mrs. Rosenswie asked for a clarification of the term temporary as it applies to the housing of animals by the SPCA.
 
                     Barbara Carr, Executive Director, stated the SPCA has not euthanized a healthy animal in three years and last year 91% of the ill animals were treated. The average length of stay for a cat is 23 days and a dog 17 days before finding homes for them. There are a few permanent residents at the SPCA, including a miniature horse for the children to enjoy, and the animals from Knox Farm which are anticipated to be adopted out prior to the move to West Seneca. 
 
                     Mr. Lorigo noted that Ms. Carr has informed him there has never been an animal that has gotten out of confinement at the facility. 
 
                     Ms. Carr stated there are currently 90 kennels which are hardly ever filled and will be downsized to 60 kennels. Cats take less space and there are generally 300 cats in their care on average, with most of them in foster care or in other off site locations, leaving about 125 cats on location. The 6 goats are housed in stables and there are two pastures to turn out the
WEST SENECA TOWN OFFICES                          ZONING BOARD OF APPEALS
1250 Union Road                                                   Minutes #2011-02
West Seneca, NY   14224                                     February 23, 2010
                                                                       Page seven . . . 
                    
2011-005      (Continued)
 
                     hoofed stock. There is also one resident sheep and chickens which are all contained within the building. The domesticated dogs and cats are also contained within the building unless outside for a walk.
 
                     Glenn Pawloski, Kinendy Architechts, stated the first plan was based on budgeted costs for the 40,000 sf to be built on the site. This was refined and the second diagram shows how this space should be used within the site and the last diagram is a representation of how the plan is evolving.
 
                     Mr. Monolopolus questioned if the building would be higher than the Thruway.
 
                     Mr. Pawlowski stated there is roughly a 12 ft grade difference from where the site is to the rise in the Thruway. The intention is to make the building visible to traffic on the Thruway. There is a significant grade difference along Mineral Springs.
 
                     Ms. Carr stated there is currently 26,000 sf at the Tonawanda site. The Board members were welcomed to take a tour of the facility.
 
                     Mr. Lorigo stated this is at the initial stage. As the architects have now drawn the site, the costs may increase. The perimeters right now are between 6 to 8 million dollars on the low end and 11 to 12 million dollars on the high end. The SPCA is a not-for-profit corporation and receives no services or money from the taxpayers. It does pay special district taxes but is property tax exempt.
 
                     Mr. Hughes questioned if the Town of Tonawanda has counter offered in an effort to entice SPCA to remain there.
 
                     Ms. Carr stated this is the first public display of the proposal.
 
                     Mrs. Rosenswie asked if consideration has been given to the traffic flow on Harlem Road.
 
                     Mr. Lorigo stated traffic on Harlem Road during peak times is busy. There will be a site plan approval process to make sure it fits into the M-2 zoning.
 
                    
 
WEST SENECA TOWN OFFICES                          ZONING BOARD OF APPEALS
1250 Union Road                                                   Minutes #2011-02
West Seneca, NY   14224                                     February 23, 2010
                                                                       Page eight . . . 
                    
2011-005      (Continued)
 
                     Mr. Hughes noted for the record the purpose of the project being before the Zoning Board of Appeals today is not for a use variance as requested on the agenda.
 
                     Mr. Gullo stated the box on the application was incorrectly marked and this is before the Board only for an interpretation of the code. 
 
                     Mrs. Hicks asked if the project would be built in phases or all at once.
 
                     Mr. Lorigo stated the project will be built all at once and not in phases. The seller in the contract will be removing the skate park. 
 
                     Mrs. Hicks stated she would like to see the SEQR process gone through on this project.
 
                     Mr. Martin stated the SEQR process is done through the Planning Board. The item before this Board is for interpretation only if this fits into what the Town Code now allows in the M-2 zoning.
 
                     Mr. Harmon stated it is his opinion a SPCA fits into a small animal hospital with veterinary services, exercise areas, pens and runways which the code says is allowed. The goal of the SPCA also fits in with the code. This is an absolutely perfect project for the town.
 
                     Mr. Monolopolus stated he would prefer visiting the Tonawanda facility.
 
                     Mr. Harmon noted he has visited the facility several times and is familiar with the operation, as well as the one in the City.
 
                     Mr. Lorigo noted they need to have a resolution by March 13th under the terms of the contract.
 
                     No comments were received from the public.
 
                     Motion by Mr. Harmon, seconded by Mr. Hughes, to close the public hearing and issue its interpretation that the intent of applicant to house an assortment of different species of animals on a temporary basis on property located at 300 Harlem Road is a proper use for the M-2 zoning of the subject property.
 
                    
WEST SENECA TOWN OFFICES                          ZONING BOARD OF APPEALS
1250 Union Road                                                   Minutes #2011-02
West Seneca, NY   14224                                     February 23, 2010
                                                                       Page nine . . . 
                    
2011-005      (Continued)
 
                     On the question, Mr. Harmon stated it is his opinion that this project fits into the code currently on the books as being allowed in the M-2 district.
 
                     Mr. Hughes agreed, noting this is an acceptable definition.
 
                     Mr. Monolopolus stated he would like due diligence on the project and felt the applicant was putting the squeeze on the Board to give a resolution by March 13th.
 
                     Mr. Harmon responded that the Board is already aware of what the SPCA does; that it houses animals, treats and walks animals and cleans up after the animals, and felt there was nothing to learn by a visit to the Tonawanda facility. The Board is simply asked to consider if what the SPCA does, fits into the town code. 
 
                     Mr. Hughes agreed, noting this is an opportunity to bring one of Western New York’s greatest not-for-profit organizations to town and the Planning Board will deal with a tighter focus on the due diligence process; this is simply accepting a definition within the code.
 
                     Mr. Lorigo stated the Planning Board at site plan approval will be concerned with the aspects of building locations and so forth. This is simply an interpretation of the Zoning Board of Appeals, as authorized under Section 120-56, on whether this is an allowable use in a M-2 zoning which allows every use in the town with the exception of a residence.
 
                     Mr. Gullo concurred that the project does fit. The Planning Board has the same environmental concerns as this Board. There is also a 5-page checklist of items that must be produced for the site plan. All those matters will be reviewed by the Planning Board.
 
                     Mr. Martin stated the jurisdiction of this Board is appellant to adverse determinations. He also noted that there are State provisions that the SPCA must follow with the disposal of dead animals, etc.
 
                     The Zoning Board recessed at 7:55 p.m. and returned at 8:05 p.m.
 
                     On the motion,
 
                     Ayes:   All                            Noes: None                       Motion Carried
WEST SENECA TOWN OFFICES                          ZONING BOARD OF APPEALS
1250 Union Road                                                   Minutes #2011-02
West Seneca, NY   14224                                     February 23, 2010
                                                                       Page ten . . . 
 
ADJOURNMENT:
 
                     Motion by Mr. Hughes, seconded by Mrs. Rosenswie, to close the public hearing and adjourn the meeting (8:10 p.m.).
 
                     Ayes:   All                            Noes: None                       Motion Carried
 
Respectfully submitted,
 
 
 
Patricia C. DePasquale, RMC/CMC
Secretary