Zoning Board Minutes

WEST SENECA TOWN OFFICES                          ZONING BOARD OF APPEALS
1250 Union Road                                                   Minutes #2011-03
West Seneca, NY   14224                                     March 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, March 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. 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. Harmon, seconded by Mrs. Hicks, to approve Minutes          #2011-02, February 23, 2011, with corrections as noted.
 
          Ayes:   All                            Noes: None                        Motion Carried
 
OLD BUSINESS:
 
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.
 
                        John Polilla, 1154 Center Road, stated he purchased the house in August and has done substantial work to the home since then. He would now like to construct a 30 x 40 ft structure equal to the house with siding and windows for storage of his tractor, lawn mower, snowmobile trailer and 4-wheel drive truck. The structure sits back 30 to 40 feet behind the house and will have the same color scheme as the house; it will be used for his personal use only.
WEST SENECA TOWN OFFICES                          ZONING BOARD OF APPEALS
1250 Union Road                                                   Minutes #2011-03
West Seneca, NY   14224                                     March 23, 2010
                                                                       Page two . . . 
 
2011-004      (continued)
 
                     Mr. Hughes questioned the reasoning for the foot difference.
 
                     Mr. Polilla referred to roofs that have collapsed this winter and based on the snow and ice in the area, he would rather have a higher peak since it is a metal roof. Letters of no objections were submitted from residents of 1138 Center Road, 1160 Center Road, 1166 Center Road, and owner of adjacent property.
 
                     Mr. Gullo stated he has reviewed the rough drawings and is comfortable with the square footage. The applicant needs the height in order to make the pitch of the roof.
 
                     Mr. Monolopolus questioned if there would be oversized doors also.
 
                     Mr. Polilla stated there will be a 12 x 9 door in the front and a 9 x 9 door on the garage side in the back.
 
                     Mr. Hughes asked when applicant planned on constructing the garage.
 
                     Mr. Polilla stated he would like to begin in June, weather permitting.
 
                     No comments were heard from the public.
 
                     Motion by Mr. Harmon, seconded by Mrs. Hicks, to close the public hearing and grant a variance for property located at 1154 Center Road to erect garage higher than allowed by Code, citing Buffalo weather conditions and noting the extra foot is necessary for the pitch of the roof to withstand the weight of the snow.
 
                     Ayes:   All                            Noes: None                       Motion Carried
 
NEW BUSINESS:
 
2011-006     Request of Jim Unger for a variance for property located at 117 Crofton Drive to install a 6 ft fence in exterior side yard setback.
 
                     Jim Unger, 117 Crofton Drive, stated he is requesting a 6 ft privacy fence for an inground pool which will be installed in the spring. The existing chain link fence is 3 ½ ft high and he was advised he needs a higher fence. He is on a corner lot.
 
WEST SENECA TOWN OFFICES                          ZONING BOARD OF APPEALS
1250 Union Road                                                   Minutes #2011-03
West Seneca, NY   14224                                     March 23, 2010
                                                                       Page three . . . 
 
2011-006      (continued)
 
                     Mrs. Hicks stated that she visiting the site and is aware of other neighbors with privacy fences. She questioned if a variance had been received for the existing fence on the Oakbrook side which seems to be very close to the sidewalk. 
 
                     Mr. Unger responded that the fence was existing when he purchased the property.
 
                     Mr. Gullo stated he could check the file. Applicant is only allowed to come out 10 ft past the house, requiring a variance.
 
                      Mrs. Hicks stated she is concerned that a privacy fence that close to the sidewalk will present a safety issue. Families with children and big wheels will be using the sidewalk and an elbow could easily touch that fence. She realizes the jungle gym would have to be moved.
 
                     Mr. Unger responded the jungle gym would not pose a problem, rather the tree that is there now. Photos of the area and survey were presented and reviewed with the Zoning Board members and Mr. Gullo.
 
                     Mr. Harmon questioned the style of the proposed fence.
 
                     Mr. Unger stated it would be a solid white fence.
 
                     Mr. Hughes asked Mr. Gullo if the proposed fence would be placed on the same line as the existing fence.
 
                     Mr. Gullo stated once the fence is removed, it no longer exists; therefore the Board will be granting a height and setback variance.
 
                     Mr. Harmon asked applicant if he would be willing to move the fence back a couple more feet from where the existing fence is now.
 
                     Mr. Unger stated he would have no problem with that, as long as it did not interfere with the tree. Applicant discussed the possibility of angling the fence with Board members. Photos were also reviewed of other houses in the neighborhood and applicant referenced one house situated on a corner lot, also with a similar fence. Applicant cited several other homes which received variances from the Board.
 
WEST SENECA TOWN OFFICES                          ZONING BOARD OF APPEALS
1250 Union Road                                                   Minutes #2011-03
West Seneca, NY   14224                                     March 23, 2010
                                                                       Page four . . . 
 
2011-006      (continued)
 
                     Letters of no objection were submitted from residents at 323 Oakbrook Drive, 317 Oakbrook Drive, 111 Crofton, and 300 Oakbrook Drive.
 
                     No comments were heard from the public.
 
                     Motion by Mrs. Hicks to table this item so the Board can look at the cited properties. Motion failed for lack of second.
 
                     Motion by Mr. Hughes, seconded by Mrs. Rosenswie, to close the public hearing and grant a variance for property located at 117 Crofton Drive to install a 6 ft fence in exterior side yard setback, 2 feet back from the property line.
 
                     Ayes:   All                            Noes: None                       Motion Carried
 
2011-007     Request of Norma Gasz for a variance for property located at 174 Lexington Green to erect pool in front yard setback.
 
                     Paul Gasz, 174 Lexington Green, stated the intent is to install an inground pool. There is an existing 5 ft fence for which he has a variance. He presented a diagram of the location of the proposed pool, an aerial shot of adjoining homes and general area, and signatures of residents at 183 Lexington, 169 Lexington Green, 150 Lexington Green, 163 Lexington Green, 180 Lexington Green and 155 Lexington Green, indicating no objection.
 
                     Mr. Hughes asked the Code Enforcement Officer to comment on any safety concerns.
 
                     Mr. Gullo stated the fence complies with the inground pool requirements and he has no concerns.
 
                     No comments were heard from the public.
 
                     Motion by Mr. Monolopolus, seconded by Mr. Hughes, to close the public hearing and grant a variance for property located at 174 Lexington Green to erect pool in front yard setback.
 
                     On the question, Mrs. Hicks noted the special circumstances of this request in that this is an unusal lot having a deep setback from the road. 
 
WEST SENECA TOWN OFFICES                          ZONING BOARD OF APPEALS
1250 Union Road                                                   Minutes #2011-03
West Seneca, NY   14224                                     March 23, 2010
                                                                       Page five . . . 
 
2011-007      (continued)
 
                     The configuration of the lot is such that it does not allow for any other remedy.  There is also enough setback from the road on either side.
 
                     Mr. Hughes also noted that a variance was previously granted for the existing fence.
 
                     Ayes:   All                            Noes: None                       Motion Carried
 
2011-008     Request of Joe Gelsomino for an interpretation of Zoning Ordinance (permission to conduct business in C-1 zoning district) for property located at 2303 Union Road.
 
                     Joseph Gelsmino, 1 Turnbridge, East Aurora, presented material to the Board members and signatures of residents at 16 Greenfield, 20 Greenvield, 26 Greenfield, 30 Greenfield, 36 Greenfield, 40 Greenfield, 46 Greenfield and 60 Greenfield, stating no objection to the planned activities for the property. An interpretation of the zoning code is required as to whether or not operation of the Woodworking Clubhouse planned for 2303 Union Road adequately fits into the C-1 zoning of the property. This is a club house where members have use of woodworking tools. It is not a commercial woodshop; rather, more of a studio where members can use the equipment, similar to a pottery studio where members have use of a kiln. There will be meeting rooms for the Clubhouse which also fits into the code. The neighbors he met with were all in favor of this type operation for the property, as opposed to previous tenants that had generated complaints based on teens and alcohol. No alcohol will be on the premises and the typical customer will be mid-thirties to retirement age.
 
                     Mr. Monolopolus questioned if there were rules and regulations to the Clubhouse.
 
                     Mr. Gelsmino stated the only time that a person could access the facility would be during normal business hours of 10 am to 10 pm, Monday thru Friday. Saturday hours have not been established yet, and Sunday hours are 11 am until 6 pm. 
 
                     Mr. Hughes asked if applicant runs a similar business or if this was a first time venture.
 
WEST SENECA TOWN OFFICES                          ZONING BOARD OF APPEALS
1250 Union Road                                                   Minutes #2011-03
West Seneca, NY   14224                                     March 23, 2010
                                                                       Page six . . . 
 
2011-008      (continued)
 
                     Mr. Gelsmino stated this was a first time venture and based on other similar models.
 
                     Mr. Hughes noted that the applicant provided the members with a good written presentation that addressed dust, noise, vibration and odor concerns.
 
                     Mr. Gullo noted this location was the karate studio space in the center of the plaza and problems arose due to noise with the bar and music off that annex.
 
                     Mrs. Hicks asked if this was next to the kiradi studio.
 
                     Mr. Gelsmino stated the Woodworking Clubhouse will be taking that space.
 
                     Mr. Martin asked a clarification on membership and whether it allowed use of the facility at any time, or if members signed up for blocks of time.
 
                     Mr. Gelsmino responded that there are different membership levels; one during the day for retirees; a higher level for peak periods. He anticipated 10 to 15 individuals using the shop during the week and 20 individuals on the weekend; and 6 individuals attending classes. 
 
                     Mr. Monolopolus questioned if any retail sales were planned.
 
                     Mr. Gelsmino stated there will be a retail section separated from the shop, offering consumer goods for sale, for example, sandpaper and hand tools. Part of the business plan is to have precut merchandise for sale.
 
                     Mr. Martin noted that as long as this is a corporation with the proper sales tax documents, etc. there is no concern. An individual offering an item for sale in the parking lot without a sales tax document would be a concern. 
 
                     Mr. Monolopolus questioned if there would be any events held in the parking lot.
 
                     Mr. Gelsmino stated there may be an occasion when a tool manufacturer presents a demonstration, but that would be held inside the facility.
WEST SENECA TOWN OFFICES                          ZONING BOARD OF APPEALS
1250 Union Road                                                   Minutes #2011-03
West Seneca, NY   14224                                     March 23, 2010
                                                                       Page seven . . . 
 
2011-008      (continued)
 
                     Mrs. Hicks asked if this business was being run in any respect right now.
 
                     Mr. Gelsmino stated it was not.
 
                     Mrs. Hicks asked if she would have to be a member in order to purchase something.
 
                     Mr. Gelsmino responded that the retail section is open to the general public but separate from the workshop and classroom for safety reasons. All tools are OSHA approved; all equipment will be hooked up to dust collection system with an additional filtration system as well, all within the confines of the walls. He noted he has access to a noise level meter and did a noise test which indicated there was minimal transmission of noise through the walls and was only noticeable in front of the glass door.
 
                     Mr. Martin noted the applicant would be bound by the noise ordinance.
 
                     No comments were received from the public.
 
                     Motion by Mr. Harmon, seconded by Hughes, to close the public hearing and determine by reading the allowable uses of C-1 and R-60A of the Zoning Ordinance that the conduct of this business on property located at 2303 Union Road does fit into the criteria description of R-60A as a meeting room for private club , lodge or fraternal order and the C-1 accessory use for processing articles and selling them for retail.
 
                     Ayes:   All                           Noes: None                       Motion Carried
 
2011-009     Request of Jeffrey Gilray for a variance for property located at 10 Mill Road to erect 6 ft fence in front yard setback.
 
                             Jeffrey Gilray, 10 Mill Road, presented a pamphlet and drawings which were reviewed by Board members, as well as a letter of no objection signed by resident at 18 Mill Road, on his request to erect a double slated wood fence.
 
                     Mr. Gullo noted this is an odd shaped lot.
 
                     Mr. Gilray indicated the fence would be 25 feet off Reserve Road with natural vegetation in the area. There is a ditch that goes into a creek in the back. He owns the property back to the creek. His concern is the
WEST SENECA TOWN OFFICES                          ZONING BOARD OF APPEALS
1250 Union Road                                                   Minutes #2011-03
West Seneca, NY   14224                                     March 23, 2010
                                                                       Page eight . . . 
 
2011-009      (continued)
 
                     safety issue. He intends to live there by himself and would like to erect a 6 ft high privacy fence and also move the existing white aluminum fence closer to the pool so there will be a double fence. Currently the gates on the existing fence are non-locking and nonconforming. The gates will be repaired as well as the bad sections to the existing fence. The proposed fence will come off the corner of the house as shown on the plan and then follow the line of the white fence.
 
                     No comments were heard from the public.
 
                     Mrs. Hicks asked if applicant was planning on staining the fence.
 
                     Mr. Gilray responded that he intended to leave it natural.
 
                     Mr. Hughes noted the fence will be 25 ft off the road.
 
                     Mr. Gilray, agreed, noting there is 25 ft from the gutter to the nearest point and there is heavy vegetation and a ditch. 
 
                     Motion by Mr. Hughes, seconded by Mrs. Rosenswie, to close the public hearing and grant a variance for property located at 10 Mill Road to erect 6 ft fence in front yard setback.
 
                     On the question, Mrs. Hicks noted the fence is not specifically to code, but there is ample room, no neighbor, there is a road and a creek, and the fence will not pose any obstruction or any safety hazard for pedestrians or cars. 
 
                     Ayes:   All                            Noes: None                       Motion Carried
 
ADJOURNMENT:
 
                     Motion by Mr. Monolopolus, seconded by Mrs. Rosenswie, to close the public hearing and adjourn the meeting (7:45 pm).
 
Respectufully submitted,
 
 
Patricia C. DePasquale, RMC/CMC
Secretary