Zoning Board Minutes
WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
1250 Union Road Minutes #2011-07
West Seneca, NY 14224 July 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, July 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 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 #2011-06, June 22, 2011.
Ayes: All Noes: None Motion Carried
OLD BUSINESS:
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.
Motion by Mr. Hughes, seconded by Mrs. Rosenswie, to remove this item from the table.
Ayes: All Noes: None Motion carried
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1250 Union Road Minutes #2011-07
West Seneca, NY 14224 July 27, 2011
Page two . . .
2011-019 (Continued)
Mr. Gullo stated the applicant appeared in his office today and requested to withdraw the above request.
Motion by Mr. Hughes, seconded by Mrs. Rosenswie, to receive and file this application, at the request of applicant.
Ayes: All Noes: None Motion carried
2011-028 Request of Sadeq S. Ahmed for a variance for property located at 199 Langner Road to build addition closer to front lot line than allowed.
Noting the absence of applicant, motion by Mr. Hughes, seconded by Mr. Harmon, to hold this item until the end of the meeting.
Ayes: All Noes: None Motion carried
2011-032 Request of Eugene Owczarczak for a variance for property located at 425 East & West Road to install vinyl fence on top of retaining wall.
Gene Owczarczak stated a retaining wall was erected on the property which had a 7 ft drop on the side. A temporary railing was put up in 2006 but this eventually rotted. Applicant submitted photos which were reviewed with the Zoning Board. A new fence is now being requested as a safety measure.
Mr. Hughes questioned if the adjoining neighbors were aware of the applicant’s request.
Mr. Owczarczak stated his parents own property on the right hand side. He attempted to contact the other neighbor on a couple occasions but no one was home.
Mrs. Hicks questioned the Code Enforcement Officer if there was any concern on his part.
Mr. Gullo stated he did not receive any complaints and he had no issues himself and felt the fence was a safety issue.
No comments were heard from the public.
WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
1250 Union Road Minutes #2011-07
West Seneca, NY 14224 July 27, 2011
Page three . . .
2011-032 (Continued)
Motion by Mr. Hughes, seconded by Mrs. Rosenswie, to close the public hearing and grant a variance for property located at 425 East & West Road to install vinyl fence on top of retaining wall, noting the safety issue involved.
Ayes: All Noes: None Motion carried
NEW BUSINESS:
2011-035 Request of Cheryl & Connie Drabik for a variance for property located at 580 Seneca Creek Rd to erect 4 ft fence in front yard setback.
Cheryl Drabik stated the fence is being requested in order to confine her dog and resolve neighbor issues. The fence is requested between the house and along the property line, extending 55 ft past the house. Photos of the applicant’s property and the adjoining property were reviewed with the Zoning Board. Letters of no objection were submitted from residents of 570 Seneca Creek Road and 600 Seneca Creek Road.
Mr. Hughes noted that a fence 10 ft past the house is permitted; the request for a fence extending 55 ft past the house is excessive.
Mr. Monolopolus also noted the obstruction to vision when backing out the driveway with a fence extending out that distance.
Mr. Gullo noted the applicant’s house is 75 ft off the property line.
The Zoning Board reviewed the survey and photos with the applicant.
No comments were received from the public.
Mrs. Hughes questioned the Code Enforcement Officer on his safety concerns with the road and where this fence ends.
Mr. Gullo responded that there is 20 ft of property from the fence to the road with no other trees obstructing the view. In the event a complaint should arise in the future from a neighbor, then the applicant may be instructed to remove one panel.
WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
1250 Union Road Minutes #2011-07
West Seneca, NY 14224 July 27, 2011
Page four . . .
2011-035 (Continued)
Motion by Mrs. Rosenswie, seconded by Mr. Hughes, to close the public hearing and grant a variance for property located at 580 Seneca Creek Rd to erect 4 ft fence in front yard setback.
On the question, Mr. Hughes stated he was hesitant to vote in favor of the request, but since the applicant received approval from the neighbhors, then he had no objection.
Ayes: All Noes: None Motion carried
2011-036 Request of Anthony J. Grisanti II for a variance for property located at 1109 Orchard Park Rd to erect 6 ft fence in front yard setback.
Anthony Gridanti, stated his property is a corner lot and the requested fence is for purposes of privacy from the cars traveling on Fisher and Orchard Park Road. Letters of no objection were received from residents of 840 Fisher Road, 1105 Orchard Park Road and 855 Fisher Road.
Mr. Hughes asked the Code Enforcement Officer if any study has been performed on the traffic issue at this intersection.
Mr. Gullo stated the applicant has an odd shaped lot with the way Fisher Road comes in to Orchard Park Road. There was no concern on his part with the request and he was aware of the traffic issue.
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 1109 Orchard Park Rd to erect 6 ft fence in front yard setback.
Ayes: All Noes: None Motion carried
2011-037 Request of Cortese Bros for a variance for property located at 181 Pearl St to erect addition in required front yard setback.
Michael Hock, owner of the property, stated he is requesting to erect an addition which will project 8 ft in front of the house. The adjoining house is facing a ghost street. Applicant submitted photos which were reviewed with the Zoning Board. A letter of no objection was submitted, signed by
WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
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West Seneca, NY 14224 July 27, 2011
Page five . . .
2011-037 (Continued)
residents at 179 Pearl Street, 115 Elm Street, 174 Pearl Street and 175 Pearl Street.
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 181 Pearl St to erect addition in required front yard setback.
Ayes: All Noes: None Motion carried
2011-038 Request of Donald May for a variance for property located at 7 Treehaven Rd to erect roof over porch into required front yard.
Joe Smolen, property owner, stated his request is to have a roof over the front entrance way which will project into the required front yard.
Mr. Monolopolus questioned if there would be sides to the porch.
Mr. Smolen responded that there would not be sides, just the roof. A letter of no objection, with attached photo, signed by residents at 5 Treehaven Road, 9 Treehaven Road and 142 Treehaven Road was submitted.
Mr. Hughes noted this is an existing porch which is simply being covered.
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 7 Treehaven Rd to erect roof over porch into required front yard.
Ayes: All Noes: None Motion carried
2011-039 Request of Fred & Donna Menzel for a variance for property located at 245 Indian Church Rd to erect 6 ft fence into rear exterior side yard setback to front lot line.
Fred and Donna Menzel, 245 Indian Church Road, appeared on the request. Mr. Menzel stated they would like to replace an existing 20 plus year old 4 ft chain link fence with a vinyl 6 ft privacy fence. They live on
WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
1250 Union Road Minutes #2011-07
West Seneca, NY 14224 July 27, 2011
Page six . . .
2011-039 (Continued)
the corner of Savona and Indian Church Road. The property is abutted by an apartment building and across the street is a vacant house. The fence is being requested for purposes of privacy. He spoke with the adjacent neighbor, offering to remove her 5 ft chain link fence and replace it with his fence. The neighbor believes she has some property on the vacant lot and is looking into that situation. The neighbor’s fence does not connect with his, but she has not gotten back to him.
Mrs. Hicks questioned if the applicants intended on going all the way to her existing fence.
Donna Menzel stated none of their fences are connected. They intend to go inside the lot line on the property line.
Mr. Monolopolus noted the existing swimming pool on applicant’s property and asked if a gate was planned to avoid an obstruction to gaining access, and what plans the applicant has for snow removal.
Mr. Menzel stated there is an existing gate which will be replaced. Sidewalks have just been installed and he did not anticipate a problem with snow.
Mr. Harmon referred to the diagram which shows the applicant going 10.34 ft from the house to the lot line and questioned if the applicant now plans on going right to the lot line.
Mrs. Menzel stated the fence is approximately 7 inches from the sidewalk.
Mr. Harmon asked if the sidewalk was used frequently.
Mrs. Menzel stated the sidewalk is used, but not frequently. There have been no problems with children on bikes falling into the fence, or similar situations.
Mr. Menzel stated the fence has existed since 1986 with no problems.
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 245 Indian
WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
1250 Union Road Minutes #2011-07
West Seneca, NY 14224 July 27, 2011
Page seven . . .
2011-039 (Continued)
Church Rd to erect 6 ft fence into rear exterior side yard setback to front lot line.
Ayes: All Noes: None Motion carried
2011-040 Request of Edward Dubel for a variance for property located at 60 Garden Ave to build deck into required exterior side yard setback.
Mr. Dubel stated his wife has decided on a deck instead of stamped concrete and presented a rough drawing of the changed plan which was reviewed by the Zoning Board.
No comments were heard from the public.
Motion by Mrs. Rosenswie, seconded by Mrs. Hicks, to close the public hearing and grant a variance for property located at 60 Garden Ave to build deck into required exterior side yard setback.
Ayes: All Noes: None Motion carried
2011-028 Request of Sadeq S. Ahmed for a variance for property located at 199 Langner Road to build addition closer to front lot line than allowed.
Motion by Mrs. Hicks, seconded by Mrs. Rosenswie, to table this item until the August meeting.
Ayes: All Noes: None Motion carried
ADJOURNMENT:
Motion by Mrs. Rosenswie, seconded by Mr. Harmon, to close the public hearing and adjourn the meeting (7:40 p.m.)
Ayes: All Noes: None Motion carried
Respectfully submitted,
Patricia C. DePasquale, RMC/CMC
Secretary