Zoning Board of Appeals Minutes
WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
1250 Union Road Minutes #2011-05
West Seneca, NY 14224 May 25, 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, May 25, 2011 at 7:00 P.M. followed by the Pledge of Allegiance.
ROLL CALL: Present - David Monolopolus, Chairman
Michael P. Harmon
Sandra Giese Rosenswie
Evelyn Hicks
Shawn P. Martin, Town Attorney
John Gullo, Code Enforcement Officer
Absent - Michael P. Hughes
OPENING OF PUBLIC HEARING
Motion by Mr. Harmon, seconded by Mrs. Rosenswie, to open the Public Hearing.
Ayes: All Noes: None Motion Carried
APPROVAL OF PROOFS OF PUBLICATION
Motion by Mrs. Hicks, 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 Mr. Harmon, seconded by Mrs. Hicks, to approve Minutes #2011-04, April 27, 2011.
Ayes: All Noes: None Motion Carried
OLD BUSINESS:
2011-016 Request of Rane Nite Club for a variance for property located at 3036 Seneca Street to allow live music.
Motion by Mr. Monolopolus, seconded by Mrs. Hicks, to deny the request for a variance for property located at 3036 Seneca Street to allow live music, noting that the applicant has failed to appear at the April and May meetings.
Ayes: All Noes: None Motion Carried
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West Seneca, NY 14224 May 25, 2011
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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.
Code Enforcement Officer Gullo stated this matter has been resolved.
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, stated the property was purchased in June 2010 with an in-law setup for her disabled father. His health has deteriorated and a second driveway is requested to aid in his egress from the house. The driveway would be located on the side of the property adjacent to the town property.
Richard Swanson, spoke on behalf of his mother-in-law, Rosemary Starnes, owner of property at 74 Hybank. His mother-in-law was notified of his proceeding on Saturday and is requesting an adjournment until legal counsel can be obtained. There are no two-driveway, two-apartment combinations in the neighborhood and granting a variance would open the door for other homes to do the same. The property is zoned 75-R which does not allow duplexes.
Mr. Harmon questioned the Code Enforcement Officer if this particular property was ever rezoned, or if it is non-conforming.
Mr. Gullo stated he would have to check town records. R-75 does not allow duplexes.
Mr. Swanson stated there is already an additional pad and walkway on the property on which a car was being driven all winter. The applicants have been driving on the lawn and the sidewalk. His mother-in-law would like to seek legal advise on any potential ramifications.
Ms. George responded that the sidewalk is on their property and there are currently other homes in the area with two driveways. The property was purchased specifically for her disabled father. At the time he passes away, it will revert to a single-family home.
Mr. Gullo stated the applicant may be correct, but when the property is sold as was bought, it will stay the same. He is dealing with a similar situation in another subdivision. Applicant was allowed an oversized
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West Seneca, NY 14224 May 25, 2011
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2011-019 (Continued)
sidewalk on the left hand side of the house to facilitate getting the family member in and out but there is enough room on the existing driveway to expand.
Mr. Harmon asked applicant if any part of the car would extend over the sidewalk.
Ms. George stated it would not.
Mr. Monolopolus asked the Code Enforcement Officer is any fire hazards were posed by the request of applicant.
Mr. Gullo responded that no fire codes would be violated, but if this Board were to approve the variance, the applicant would need to keep the concrete 3 feet from the lot line to provide enough drainage. There is a stop sign at the corner which poses a safety issue.
Mr. Harmon stated he would like to visit the property and observe the neighborhood and the planned location for the driveway.
Motion by Mr. Harmon, seconded by Mrs. Hicks, to table this item until the June meeting.
Ayes: All Noes: None Motion Carried
NEW BUSINESS:
2011-020 Request of John Shaflucas Architects for a variance for property located at 4306 Seneca Street to alter building without increasing number of required parking spaces.
John Shaflucas, architect, 1260 Sweet Home Road, Amherst, New York, and applicant Kathryn Rand, DDS, appeared on the request. Mr. Shaflucas presented the Board with documents, including drawings of the existing conditions with proposed changes, and a letter from the adjoining neighbor stating no objection. The other adjoining neighbor is the Post Office. The applicant purchased the business 12 years ago and no changes to the structure have been made since then. There are no changes to its use or occupancy. Mr. Shaflucas reviewed the floor plan with the Board members, noting the offices to be moved, the new vestibule, the new handicapped bathroom and proposed handicapped
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2011-020 (Continued)
ramp. All work will remain within the original footprint of the building. The applicant has received a low bid of $80,000 for the work to be performed inside the building. The building itself is 2800 feet and the site is 23,000 feet; it cannot support the ordinance requirement of 35 cars. It would be cost prohibitive for the applicant to provide the required number of spaces, especially when they are not needed.
Mr. Monolopolus questioned if the only visible change to the outside will be the new handicapped ramp.
Mr. Shaflucas stated that was correct. There will be no additional dentists or staff. Applicant is the sole dentist.
No comments were heard from the public.
Motion by Mrs. Hicks, seconded by Mrs. Rosenswie, to close the public hearing and grant a variance for property located at 4306 Seneca Street to alter building without increasing number of required parking spaces.
Ayes: All Noes: None Motion Carried
2011-021 Request of Yost Neon Signs for a variance for property located at 1711 Union Road to erect new sign larger than permitted.
Mike Yost, Yost Neon Sign, 20 Ransier Road, stated the request is to replace the existing 90 sf sign at the entrance of the self storage parking lot and replace it with a 120 sf sign to accommodate the tenants. The larger size sign is necessary in order to make the tenants’ names large enough to be seen. Currently, the letters are 4” and useless. Applicant will also have landscaping around the sign.
Mr. Monolopolus questioned if the sign was a LED sign.
Mr. Yost stated it was not. The new sign will be similar to the current one. The same I-beam structure will be kept with the new sign built off that. The new sign will stay in the same location. The old signage will be removed and replaced with the new signage. The sign will not be any taller but will be approximately 4 feet wider.
Mr. Monolopolus stated his concern with visibility at the stop sign and asked if the sign could be pushed more inward.
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2011-021 (Continued)
Mr. Yost stated the current sign was set back a ways from the stop sign.
Mrs. Hicks asked the Code Enforcement Office for a clarification on the size of the sign as requested on the application.
Mr. Gullo responded that the applicant was approved for the 88 sf a number of years ago. He is now requesting 120 sf. 40 sf per side is allowed; the applicant has 88 sf and is now requesting an increase to 120 sf. Additionally, the proposed sign encompasses all tenants, rather than placing individual signs for each tenant.
Larry Best stated he recently purchased Great Lakes Mini Storage and the other six acres in the Industrial Park remains owned by the Metzger family which also owns the caboose and the land where the sign is actually located. He is also a real estate broker and the Metzers have hired him to help develop and fill up the balance of the Industrial Park which currently has a 40% vacancy.
No comments were heard from the public.
Motion by Mrs. Rosenswie, seconded by Mr. Harmon, to close the public hearing and grant a variance for property located at 1711 Union Road to erect new sign larger than permitted.
Ayes: All Noes: None Motion Carried
2011-022 Request of Jill Rajla for a variance for property located at 2800 Clinton St to permit temporary structure on site permanently.
Jill Rajla and John Bernas, 2800 Clinton Street, representing Roofers Local 74, appeared on the request. Ms. Rajla stated the union would like to place a 20 ft storage container on the property to hold excess building material. A letter of no objection was submitted
Mr. Monolopolus questioned if the building materials consisted of shingles, nails and other materials.
Ms. Rajla responded that was correct.
Mr. Monolopolus asked applicant for a clarification on the term “temporary.”
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2011-022 (Continued)
Ms. Rajla responded that they would like to keep the structure there permanently. It will be located where the existing storage shed is and more toward the creek area. The existing shed will remain.
Mr. Harmon asked if the material could be stored in the building that is already located on the premises.
Ms. Rajla stated the building contains classroom areas in the rear and a small work area in the front. There are no storage areas. There is no basement.
Mr. Bernas stated that contractors provide materials which tend to build up and impede on the training area. They do not want to store the materials outside so they are not stolen.
Mr. Harmon asked why a structure could not be built on the property to store the materials.
Mr. Bernas responded that this is an issue of money. The JATC has limited funding from the contributions of employers.
Mr. Monolopolus questioned if a fence would be placed around the structure so it couldn’t be seen from the street.
Ms. Rajla stated there would be no fence.
Mr. Monolopolus stated he has seen a number of these type containers on people’s properties and was concerned that granting this variance would result in others requesting the same which would pose a problem.
Mr. Harmon noted the proposed container was not very attractive. He also referred to the supporting letter of the neighbor which did not indicate that the container would be stationed on the property permanently.
Ms. Rajla stated the neighbor was aware it would be permanent.
Mr. Harmon noted that information was not contained on the letter.
Mr. Gullo questioned if the container was being purchased or rented.
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Ms. Rajla responded that the container was being purchased and the cost would run from $3300 to $4800 for a 20 ft x 10 ft wide shed.
Mr. Martin noted a shed could be built for the same amount.
Mr. Bernas stated a shed is more squared off and more material could be fit in the container than a shed.
Mr. Martin stated a shed could be built anyway the purchaser wanted it built.
Mrs. Hicks suggested that contractors may be able to donate materials with the students doing the construction work, if applicant is concerned with the cost involved. The concrete work could be done for the price quoted.
Mr. Bernas responded that the students are trained on roofing, not for this type of construction.
No comments were heard from the public.
Mr. Harmon stated he was in favor of a 60 day temporary placement of the container and suggested that applicants make arrangements to construct a permanent structure.
Motion by Mr. Harmon, seconded by Mrs. Rosenswie, to grant a variance for property located at 2800 Clinton St to permit a temporary placement of the structure on site for 60 days only.
On the question, Mrs. Hicks stated she supports the work of applicants but at the same time, this presents a very poor precident to have these type of temporary storage containers permanently located on business or residential property as they detract from the quality of the neighborhood and are not something that should be encouraged in town.
Ayes: All Noes: None Motion Carried
2011-023 Request of Arthur Foster for a variance for property located at 2185 Berg Road to cover existing front porch which encroaches in required front yard setback.
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Arthur Foster, 2185 Berg Road, stated he received a variance a year ago on this request but the project was put on hold due to weather and other factors. One change to the project involves a dormer which was planned for the west side of the house. It will now be placed in the center of the house with windows. The bottom of the porch is in. It will be an open porch but covered to offer protection from the elements. Letters of no objection were submitted from neighbors at 2175 Berg Road and 2225 Berg Road.
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 2185 Berg Road to cover existing front porch which encroaches in required front yard setback.
Ayes: All Noes: None Motion Carried
2011-024 Request of Colleen Block for a variance for property located at 94 Ebenezer Drive to cover front porch which encroaches into required front yard setback.
Daryl Block, 94 Ebenezer Drive, stated the request is to replace the existing aluminum overhang over the existing concrete pad with a wooden roof. The size will remain the same. The outside edge of the existing concrete was broken up. That was built up 2 inches in front of the pad and 4 inches in back. It is held with three 4 x 4 posts, 7 ft tall, with concrete brackets anchored to the concrete. The rafters have joist hangers. All that remains to be done is the plywood and shingles.
Mr. Gullo noted that the applicant should have applied for a building permit before starting the project.
Mr. Block stated they were simply replacing what was there.
Mr. Gullo stated a building permit is still required, especially if it involves an aluminum canvas temporary type roof. A phone call would have solved the problem. A building permit is required with appropriate drawings submitted.
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2011-024 (Continued)
Letters of no objection were submitted from 88 Ebenezer Drive and 97 Ebenezer Drive.
Mr. Harmon questioned the setback measurements as listed on the application.
Mr. Gullo clarified the front yard setback requirement and what the applicant was providing.
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 94 Ebenezer Drive to erect porch roof 8.75 ft from front property line.
Ayes: All Noes: None Motion Carried
ADJOURNMENT:
Motion by Mrs. Rosenswie, seconded by Mrs. Hicks, to close the public hearing and adjourn the meeting (7:50 p.m.)
Ayes: All Noes: None Motion Carried
Respectfully submitted:
Patricia C. DePasquale, RMC/CMC
Secretary