Zoning Board Minutes

WEST SENECA TOWN OFFICES                          ZONING BOARD OF APPEALS
1250 Union Road                                                   Minutes #2011-04
West Seneca, NY   14224                                     April 27, 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, April 27, 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 Mrs. Rosenswie, seconded by Mr. Hughes, to open the Public Hearing. 
 
Ayes: All                             Noes: None                         Motion Carried
 
APPROVAL OF PROOFS OF PUBLICATION
 
Motion by Mr. Hughes, 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. Hicks, seconded by Mr. Harmon, to approve Minutes          #2011-03, March 23, 2011.
 
          Ayes:   All                            Noes: None                        Motion Carried
 
NEW BUSINESS:
 
2011-010     Request of Jim Bammel for a variance for property located at 3512 Clinton Street to erect structure closer to front property line than allowed.
 
                     Richard Lipka, representing St. John’s Lutheran Church, and John Eagan from Bammel Architects, appeared on the request. The Church is requesting a variance for the new building at 3512 Clinton Street to increase the existing setback of 9.8 inches from the property line to the Church to 20.3 inches, being still short of the required setback.
 
                    
WEST SENECA TOWN OFFICES                          ZONING BOARD OF APPEALS
1250 Union Road                                                   Minutes #2011-04
West Seneca, NY   14224                                     April 27, 2011
                                                                       Page two . . . 
 
2011-010      (continued)
 
 
                     Mr. Hughes asked the Code Enforcement Officer if a variance was previously issued for the property.
 
                     Mr. Gullo stated the building is so old there are no records of a variance.
 
                     Mr. Monolopolus noted there are no entrances at the front; there are two side entrances.
 
                     Mr. Lipka stated that was correct. Signatures of residents from 17 Kron Avenue, 45 Kron Avenue, 31 Kron Avenue, 57 Kron Avenue, and 3556 Clinton Street, stating no objection were submitted. Information was left with the gas station owner at the corner but no response was received.
 
                     No comments were received from the public.
 
                     Motion by Mr. Hughes, seconded by Mrs. Rosenswie, to close the public hearing and grant a variance for property located at 3512 Clinton Street to erect structure closer to front property line than allowed.
 
                     On the question, Mrs. Hicks noted for the record that she is a member of the Church.
 
                     Ayes:   All                            Noes: None                       Motion Carried
 
2011-011     Request of Redlinski's Hot Dogs for a variance for property located at 3521 Seneca Street to allow outdoor dining under covered walkway (16 seats).
 
                     Frank Wailand, F.J.Wailand Associates, Inc., agent for Redlinski’s Hot Dogs, stated the request is to have 8 tables and 16 chairs outside the restaurant proposed for the Ridge-Seneca plaza. Letters of no objection were submitted from Developers Diversified, Planet Fitness, Feelrite, and Dollar General.
 
                     Mr. Monolopolus questioned the hours of operation.
 
                     Mr. Wailand responded that the hours will be from 11 a.m. to 11 p.m. for both the inside and outside service, weather permitting.
 
                     Mr. Hughes asked if applicant planned on serving alcohol.
WEST SENECA TOWN OFFICES                          ZONING BOARD OF APPEALS
1250 Union Road                                                   Minutes #2011-04
West Seneca, NY   14224                                     April 27, 2011
                                                                       Page three . . . 
 
2011-011      (continued)
 
                     Mr. Wailand stated no alcohol will be served.
 
                     Mrs. Hicks asked if there would be speakers outside or a drive thru.
 
                     Mr. Wailand responded that speakers would be used for announcing an order, but there will be no music. A drive thru is not possible at that location.
 
                     No comments were heard from the public.
 
                     Motion by Mr. Monolopolus, seconded by Mrs. Rosenswie, to close the public hearing and grant a variance for property located at 3521 Seneca Street to allow outdoor dining under covered walkway.
 
                     Ayes:   All                            Noes: None                       Motion Carried
 
2011-012     Request of Colleen & Rodney Maciuba for a variance for property located at 190 Broadway Street to erect fence in required front yard.
 
                     Colleen & Rodney Maciuba, 190 Broadway, appeared on the request. Mrs. Maciuba stated they were before this Board in 2005 for a new back garage. There is only one adjoining neighbor and where the fence is proposed is a paper street. They have had some vandalism on the back garage and the fence would provide security. 
 
                     Mr. Hughes questioned why a 4 ft fence would not work as well.
 
                     Mrs. Maciuba responded that they also have two dogs and there are children that live nearby that occasionally rile the dogs. Her husband works at night when most of the vandalism has occurred. She didn’t feel a 4 ft fence would provide the needed security.
 
                     Mrs. Hicks noted there is a 12 ft section between the house and the side lot which is actually the front, and expressed concern that the fence would be visible from the street.
 
                     Mrs. Maciuba responded that the children come through in that particular area. The signature of resident at 180 Broadway stating no objection was submitted.
 
                     No comments were heard from the public.
WEST SENECA TOWN OFFICES                          ZONING BOARD OF APPEALS
1250 Union Road                                                   Minutes #2011-04
West Seneca, NY   14224                                     April 27, 2011
                                                                       Page four . . . 
 
2011-012      (continued)
 
                     Motion by Mrs. Rosenswie, seconded by Mr. Harmon, to close the public hearing and grant a variance for property located at 190 Broadway Street to erect fence in required front yard.
 
                     Ayes:   All                            Noes: None                       Motion Carried          
2011-013     Request of Dennis McKernan for a variance for property located at 98 Sunrise Terrace to project 23 ft into front yard setback.
 
                     Dennis McKernan, 98 Sunrise Terrace, stated his property is a corner lot and he is proposing a 4 ft picket fence where bushes were destroyed by deer. Applicant submitted a photograph of the proposed fence, along with signatures of residents at 128 Valley Drive, 107 Sunrise Terrace, 120 Valley Drive, 115 Sunrise Terrace, 115 Valley Drive and 114 Valley Drive, stating no objection.
 
                     Mrs. Hicks asked if applicant was planning on removing any trees.
 
                     Mr. McKernan stated he was not.
 
                     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 98 Sunrise Terrace to project 23 ft into front yard setback, on the condition that the corner facing the property owner on Valley Drive be angled in 5 feet from the property line and the proposed 8 x 8 4 ft section of fence on the corner of Sunrise Terrace and Valley Drive is not included in the variance.
 
                     Ayes:   All                            Noes: None                       Motion Carried
 
2011-014     Request of Adam Schnitzer/Bill Daley for a variance for property located at 1237 Center Road to move parking to exterior side yard.
 
                     Adam Schnitzer and Bill Daley, Venture Properties, and Joe Gothier, contractor, appeared on the request. Mr. Schnitzer submitted a presentation on the overhead showing the existing parking lot and where it will be relocated in the exterior side yard to provide additional parking for tenants and visitors. The area of the current parking lot will be converted to green space. 
 
WEST SENECA TOWN OFFICES                          ZONING BOARD OF APPEALS
1250 Union Road                                                   Minutes #2011-04
West Seneca, NY   14224                                     April 27, 2011
                                                                       Page five . . . 
 
2011-014      (continued)
 
 
                     Mr. Monolopolus questioned if there will be two driveways.
 
                     Mr. Schnitzer stated there would be two driveways.
 
                     Mr. Hughes questioned the number of current parking spaces.
 
                     Mr. Schnitzer stated there are nine parking spaces with two additional spaces proposed.
 
                     Mr. Gullo noted that the applicant has met all fire protection requirements. A 30 ft setback from the street line is required; applicant is providing 14 ft. Parking in the front yard requires a 40 ft building setback with 10 ft planting setback; applicant is providing a 40.2 ft building setback with no planting strip. A 10 ft setback from the R district in rear is required; applicant is providing no setback. 
 
                     Mr. Monolopous questioned applicant’s plan for snow removal in the winter time.
 
                     Mr. Schnitzer stated the snow will be pushed back onto their property through the front and back driveways.
 
                     Mr. Daley referred to the last major snow storm and noted they went in with loaders and pushed everything in the back area which is now being proposed as a green area and will be used in the future for piling of snow. Location of trash cans was reviewed with Board members. Letters of no objection were submitted from the abutting resident at 264 Sky Hi Drive and the neighbor to the rear at 25 Roosevelt Drive.
 
                     No comments were received from the public.
 
                     Motion by Mr. Harmon, seconded by Mrs. Rosenswie, to close the public hearing and grant variances for property located at 1237 Center Road to reduce the required setback of 30 feet from Center Road under Section 120-26 to 14 feet; reduce the required 50 feet setback for parking in the front yard which includes a 10 ft planting strip under Section 120-44 to 40.2 feet, with no planting strip; and reduce the required 10 ft setback from the R District in rear to 0 ft setback.
 
                     Ayes:   All                            Noes: None                       Motion Carried
WEST SENECA TOWN OFFICES                          ZONING BOARD OF APPEALS
1250 Union Road                                                   Minutes #2011-04
West Seneca, NY   14224                                     April 27, 2011
                                                                       Page six . . . 
 
2011-015     Request of Mark Jaworski for a variance for property located at 348 Main Street to connect accessory structure to residence.
 
                     Mark Jaworski, 348 Main Street, stated the variance requested is for installation of a swimming pool 6 feet from a structure in order to utilize the existing deck which will step down to a pool deck as well. The deck will contain a latched gate. From the sliding glass door on the house, there will also be a gate before going down to the steps to the lower deck as well.
 
                     Mr. Gullo explained that the 10 ft rule is for fire protection to give ample room to go around the house. Connecting the accessory structure to the principal house requires the sliding glass door on the house to be self closing. This will require a spring loaded screen or door so that it closes automatically, unless there is a self closing gate at the top. 
 
                     Mr. Jaworski stated they will have a railing on the top deck.
 
                     Mr. Gullo stated he would need to see the plan for that.
 
                     Mr. Hughes noted a pool alarm is also required.
 
                     Mrs. Hicks asked if the pool could be moved out further.
 
                     Mr. Jaworski stated he wanted to keep the pool as close to the house as possible to avoid losing green space in the backyard which is not deep.
 
                     Mrs. Rosenswie also noted the property slopes in the back.
 
                     Mrs. Hicks questioned if the property was fenced.
 
                     Mr. Jaworski responded that there is a fence running across the back of the property and a decision on any future fencing has not been made as yet. The property is fenced on two of the three sides; one is the neighbor’s fence.
 
                     Letters of no objection signed by residents of adjoining properties at 356 Main Street and 340 Main Street were submitted.
 
                     No comments were received from the public.
 
 
WEST SENECA TOWN OFFICES                          ZONING BOARD OF APPEALS
1250 Union Road                                                   Minutes #2011-04
West Seneca, NY   14224                                     April 27, 2011
                                                                       Page seven . . . 
 
2011-015      (continued)
 
                     Motion by Mr. Hughes, seconded by Mrs. Rosenswie, to close the public hearing and grant a variance for property located at 348 Main Street to connect accessory structure to residence.
 
                     Ayes:   All                            Noes: None                       Motion Carried
 
2011-016     Request of Rane Nite Club for a variance for property located at 3036 Seneca Street to Aalow live music.
 
                     Motion by Mr. Hughes, seconded by Mr. Monolopolus, to table this item until the next meeting, noting the absence of applicant.
 
                     Ayes:   All                            Noes: None                       Motion Carried
 
2011-017     Request of Christine Barone for a variance for property located at 575 Center Road to erect 6 ft fence in front yard setback.
 
                     Christine and Doug Barone, 575 Center Road, appeared on the request and submitted a sketch of the proposed 6 ft fence, photos of the side lot where their children play, and letters of no objection from 261 Boncroft, 20 Milton, 14 Milton, and 585 Center Road, being the adjoining neighbors and neighbors across the street. Mrs. Barone stated their property is a corner lot and the fence is being requested for the safety of their two small children who play in the side lot. There is a stop sign at the corner and the concern is with cars that slow down and the possibility of harm to the children.
 
                     Mr. Hughes questioned the Code Enforcement Officer if two variances were required; one for the height of the fence and one for the projection into the front yard setback.
 
                     Mr. Gullo stated that was correct.
 
                     Mrs. Barone indicted she would prefer coming out farther than the distance requested on the application. 
 
                     Mr. Barone stated 20 feet ends right at the crotch of the tree.
 
                     Mr. Hughes stated that with applicants’ property being a corner lot and extending that far out, it would present a sight line issue.
WEST SENECA TOWN OFFICES                          ZONING BOARD OF APPEALS
1250 Union Road                                                   Minutes #2011-04
West Seneca, NY   14224                                     April 27, 2011
                                                                       Page eight . . . 
 
2011-017      (continued)
 
                     Mr. Monolopolus also noted that with the fence out that far, the snow plows could possibly cause damage to the fence.
 
                     Applicants then reviewed the survey with the Board members and Code Enforcement Officer for the exact location of the fence.
 
                     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 575 Center Road to allow a 6 ft high fence to project 12 feet from the structure into front yard setback.
 
                     Ayes:   All                            Noes:                                 Motion Carried
                      
2011-018     Request of Theresa Calorico for a variance for property located at 129 Delray Avenue to erect 6 ft fence in side yard setback.
 
                     Fran Schelb, on behalf of Theresa Calorico, stated the applicant is proposing to replace the existng chain link fence with a vinyl fence for purposes of privacy. An architectural drawing of the proposed fence was submitted and photos of the property were displayed on the overhead screen and reviewed with the Zoning Board. 
 
                     Ms. Calorico stated they have male neighbors to the left and her request for the 6 ft fence is based on the need for privacy when sunbathing.
 
                     Mr. Monolopolus stated his concern with backing out of the driveway and being unable to see oncoming traffic.
 
                     Mr. Hughes suggested angling the fence as with the previous request before the Board.   This would allow better vision when backing out of the driveway. The Board reviewed the angling of the fence with the applicant.
 
                     Signatures of Denise Vaccaro, 4888 McKinley Parkway, Ida Walton, Delray Avenue, and Vicky Maciejewski, Thorndale Avenue, stating no opposition were submitted.      
 
                     Mr. Hughes commented that one of the signatures should be from the neighbor immediately next to applicant.
WEST SENECA TOWN OFFICES                          ZONING BOARD OF APPEALS
1250 Union Road                                                   Minutes #2011-04
West Seneca, NY   14224                                     April 27, 2011
                                                                       Page nine . . . 
 
2011-018      (continued)
 
                     No comments were received from the public.
 
                     Motion by Mr. Harmon, seconded by Mrs. Hicks, to close the public hearing and grant a variance for property located at 129 Delray Avenue to allow a 6 ft vinyl fence to project into the side yard from the north front corner of the house 32 feet and from that point, angled from the front lot line 8 feet back from the existing corner of the northeast post.
 
                     Ayes:   All                            Noes: None                       Motion Carried
 



2011-019     Request of Sandra A. George for a variance for property located at 4    Leacliff Lane to install 2nd driveway and allow parking in front yard  setback.
 
                     Sandra George, 4 Leacliff Lane, stated her proposal is to widen the sidewalk in the front yard setback for use as a second driveway.
 
                     Mrs. Hicks asked what exists there now.
 
                     Ms. George responded that there is an existing sidewalk going to an in-law setup where her handicapped father resides but he cannot walk from his door to the street. 
 
                     Mr. Monolopolus asked if there was a door going out on that side.
 
                     Mrs. George presented a diagram and photos which were reviewed with the Board members showing the location of the door.
 
                     No comments were heard from the public.
 
                     Mr. Monolopolus asked if the applicant had letters from the neighbors.
 
                     Mrs. George responded that she did not have letters.
 
                     Mrs. Hicks questioned the Code Enforcement Officer if an issue exists with drivers coming off Hybank and continuing to go.
 
                     Mr. Gullo responded that there was an issue because drivers do not stop for the two stop signs. 
 
                    
WEST SENECA TOWN OFFICES                          ZONING BOARD OF APPEALS
1250 Union Road                                                   Minutes #2011-04
West Seneca, NY   14224                                     April 27, 2011
                                                                       Page ten . . . 
 
2011-019      (continued)
 
                     Motion by Mr. Monolopolus, seconded by Mr. Hughes, to table this item until the next meeting for applicant to provide the appropriate letters as requested by the Board.
 
                     Mr. Harmon agreed, noting that the neighbors must be informed.
 
                     Ayes:   All                            Noes: None                       Motion Carried
           
ADJOURNMENT:
 
                     Motion by Mrs. Rosenswie, seconded by Mrs. Hicks, to close the public                            hearing and adjourn the meeting (8:15 p.m.).
 
                     Ayes:   All                            Noes: None                       Motion Carried
 
Respectfully submitted,
 
 
 
Patricia C. DePasquale, RMC/CMC
Secretary