Zoning Board Minutes
WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
1250 Union Road Minutes #2011-09
West Seneca, NY 14224 September 28, 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, September 28, 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. Hicks, 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 Mr. Harmon, seconded by Mr. Hughes, to approve Minutes #2011-08, August 24, 2011.
Ayes: All Noes: None Motion Carried
OLD BUSINESS:
2010-065 Request of Matthew J. Stachowiak for continuation of a one-year variance granted for property located at 2339 Union Road to allow music.
Chairman Monolopolus noted he had checked with the Police Department and the surrounding neighbors and it appears no complaints have been filed following the granting last year of a one-year variance on the above property.
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1250 Union Road Minutes #2011-09
West Seneca, NY 14224 September 28, 2011
Page two . . .
2011-065 (Continued)
Matthew J. Stachowiak agreed, noting that his establishment had abided by the stipulations of the Zoning Board to make sure the neighbors were satisfied. A meter has been utilized periodically to monitor the sound levels, with no adverse readings registered. A request was made for a release of the stipulations with regards to closing times of 9:00 pm on weekdays and 2:00 am on weekends. By having bands end at 9:00 pm on weekdays, they must start at 6:30 pm which cuts into the dinner hour. It also takes 4 to 4 ½ hours to set up and they are basically paying full price for a partial evening. Mr. Stachowiak stated he would like to start the bands between 7:30 and 8:30 pm which would have them ending at midnight at the latest. The noise meter would continue to be used. The business was hampered last year by having to close at 9:00 pm on Thanksgiving Eve, New Year’s Eve and St. Patrick’s Day. There were a couple bands which attracted patrons but had to end by 9:00 pm.
Mr. Hughes noted that the Board recently granted a variance for live music up until 11:00 pm during the week. He would be willing to extend the hours for applicant with a similar time frame and allow a few conditional holidays for a later closing hour.
No comments were heard from the public.
Motion by Mr. Hughes, seconded by Mr. Harmon, to grant a one-year extension of the previously granted variance, with live music being allowed until 11:00 pm on weekdays, with the exception of Thanksgiving Eve, New Year’s Eve, St. Patrick’s Day and the 2nd Wednesday in October for applicant’s anniversary party when music will be allowed until 2:00 am, and with live music being allowed until 2:00 am on weekends, noting that applicant must adhere to the Town’s noise ordinance.
Ayes: All Noes: None Motion Carried
NEW BUSINESS:
2011-044 Request of Daniel Hosler for a variance for property located at 3220 Seneca Street to conduct business outside building (outdoor seating).
Absence of applicant noted and held until the end of meeting.
2011-045 Request of Pines Lawn & Garden Inc for a variance for property located at 250 Lein Road to erect sign larger than allowed.
WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
1250 Union Road Minutes #2011-09
West Seneca, NY 14224 September 28, 2011
Page three . . .
2011-045 (Continued)
Marty Buchnowski, 250 Lein Road, stated the business was opened recently and he would like to place a sign.
Mr. Hughes questioned the need for a sign 68 sf in size, as opposed to the alloweable 40 sf size.
Mr. Buchnowski stated the intention was to have a message board and also to accommodate their logo and business name.
Mr. Monolopolus questioned if this would be a LED.
Mr. Buchnowski stated only the 3 ft x 8 ft middle section would be LED. He felt the middle section would allow for better communication with the public and to advertise for different community events.
Mr. Gullo stated he has been working with his peers in other communities on developing an electronic message sign policy. The applicant has been tabled at the last two Town Board meetings. Currently, the applicant is only requesting the larger sign in hopes that he will be approved for the electronic sign.
Mrs. Hicks questioned how applicant would install the sign without the message board.
Mr. Buchnowski stated the sign can be erected with the message board being hooked up at a later date.
Mr. Hughes questioned if there was any safety concern on the part of the Code Enforcement Officer with regard to the entrance.
Mr. Gullo responded that there were no problems with the entrance since the proposed sign was far enough off the ground.
Mr. Buchnowski stated the neighbors on both sides signed letters confirming they had no issues, but he neglected to bring the documentation. Other than those residences, the remainder are businesses.
Mr. Hughes stated the Board would need to see the letters signed by neighbors.
WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
1250 Union Road Minutes #2011-09
West Seneca, NY 14224 September 28, 2011
Page four . . .
2011-045 (Continued)
Mrs. Hicks questioned how close the sign was to the road.
Mr. Gullo referred to the overhead to indicate the location of the sign.
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 250 Lein Road to erect sign larger than allowed.
Ayes: All Noes: None Motion Carried
2011-046 Request of Hearts for the Homeless for a variance for property located at 2970 Transit Road to place storage receptacle on property.
Nicholas Calandra, Corporate Secretary, Hearts for the Homeless, stated the organization is a not for profit entity located in the City of Buffalo. There is currently a storage receptacle at the Stop and Gas, 4100 Seneca Street, and another is now being requested for the Bank of America located at 2970 Transit Road.
Mr. Harmon questioned where the clothing is distributed.
Mr. Calandra stated the clothing is distributed to a motor home clothing pantry which feeds the homeless five nights a week in Buffalo. Other clothing goes to their Riverside thrift store, with the proceeds of the thrift store funding the motor home. The third part is clothing unusable for either of the other two purposes and that clothing is recycled and sold on the market.
Mr. Hughes questioned the success of the Seneca Street location.
Mr. Calandra responded that the Seneca Street location has been very successful and they maintain a good relationship with the manager at that location. There have been no adverse incidents. The manager calls the organization when the bin is full and Hearts for the Homeless is there within twenty-four hours. The phone number is on all the bins.
Mr. Gullo noted there is also a bin at the Fireman’s Museum which was approved in the past and there have been no complaints about either bin.
WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
1250 Union Road Minutes #2011-09
West Seneca, NY 14224 September 28, 2011
Page five . . .
2011-046 (Continued)
Mr. Harmon questioned if there was any additional signage on this bin.
Mr. Calandra stated the only signage is on the bin itself. Bank of America approached Hearts for the Homeless for placement of the bin. There is a bin at the bank’s site in Getzville in the Crosspoint Plaza.
Mrs. Hicks questioned if Hearts for the Homeless was a 501-C.
Mr. Calandra responded that it was.
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 2970 Transit Road to place storage receptacle on property.
Ayes: Noes: None Motion Carried
2011-047 Request of Lynda Otto for a variance for property located at 183 Westcliff Drive to allow raising chickens on property.
Lynda Otto, 183 Westcliff Drive, stated she is requesting to raise chickens in her back yard. Photos of the property and chicken coop were submitted, together with letters of no objection from residents of 3 Holland Avenue, 169 Westcliff Drive, 18 Avenue B, 156 Westcliff Drive, 135 Westcliff Drive, 12 Holland Avenue, 196 Westcliff Drive, 203 Westcliff Drive, 170 Westcliff Drive, 191 Westcliff Drive, 163 Westcliff Drive, 186 Westcliff Drive, 178 Westcliff Drive, 9 Holland Avenue, and 15 Holland Avenue. Ms. Otto stated chickens are cleaner and less noisy than dogs. Her back yard is well maintained and the chickens are well cared for.
Mrs. Rosenswie asked if applicant has, or intends to have, roosters.
Ms. Otto stated she did have roosters at one time, unknown to her, and she has disposed of them.
Mr. Gullo noted one letter of objection received from a resident on Burch Avenue who had a similar situation and had rats as a result, and wanted to voice her opinion.
Ms. Otto stated rats are not uncommon in town if garbage is left out.
WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
1250 Union Road Minutes #2011-09
West Seneca, NY 14224 September 28, 2011
Page six . . .
2011-047 (Continued)
Mr. Hughes questioned the town’s position on the keeping of chickens.
Mr. Martin stated the town code prohibits the keeping of poultry.
Mr. Harmon asked applicant where the chickens were obtained and what she planned to do with them in the winter months.
Ms. Otto stated the chickens were obtained from the Alternative Living Center which was doing a project at the time. The chickens will be kept close to the house with a heat lamp during the winter months. Ms. Otto stated she has had the chickens for three months and they begin to hatch at 5 to 6 months.
Mr. Monolopolus asked if the chickens were ever let out of the cage.
Ms. Otto stated occasionally they will be let out in the yard, but she stays with them.
Mrs. Rosenswie questioned the method used for feeding the chickens.
Ms. Otto stated the feeder hangs off the ground so that nothing else can get at the food. There are fox and raccoon in the area but they have not gone after the food.
A resident spoke in favor of the request, noting the educational opportunities for children.
Mr. Hughes questioned if this was going to be a permanent situation.
Ms. Otto stated she originally planned on keeping them for eggs, but found the chickens to be good pets and easily maintained.
Mrs. Hicks noted her reluctance to vote in favor of the variance in the absence of a town ordinance controlling it. Even though applicant has good intentions and the yard is well maintained, this would set a precedent. The City of Buffalo ordinance was referenced, but that ordinance is very strict and chickens are not allowed near the house. Granting a variance would allow someone else who may not be as diligent as applicant to allow a completely different situation to exist. The Board must consider precedent in this situation. Without an ordinance in place, there is nothing to guide the Board in making a decision. Mrs.
WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
1250 Union Road Minutes #2011-09
West Seneca, NY 14224 September 28, 2011
Page seven . . .
2011-065 (Continued)
Hicks noted she does not object to the applicant’s desire to raise chickens; it just is not feasible at this time.
Motion by Mr. Monolopolus, seconded by Mrs. Hicks, to deny the request of applicant for a variance for property located at 183 Westcliff Drive to allow raising chickens on property, noting the absence of a town code.
Ayes: Four (4) Mr. Monolopolus, Mrs. Hicks, Mr. Hughes, Mr. Harmon
Noes: One (1) Mrs. Rosenswie Motion Carried
2011-048 Request of Sunrise Garden & Lawn for a variance for property located at 1327 Orchard Park Road to erect sign larger than allowed and closer to property line than allowed.
Sean Tober, Sunrise Garden & Lawn, stated the request for the 50 sf sign is being made in order to accommodate two business names.
Mr. Gullo asked if the sign would be located between the two planters shown in the photo.
Mr. Tober stated that was correct.
Mr. Monolopolus questioned if that location is in the right of way.
Mr. Tober stated it was not. A variance is being requested for the size, and also for the setback which is a safety issue. There is only 10 ft from the property line where the cars are parked.
Mr. Hughes questioned the Code Enforcement Officer if this issue required the business next door to obtain a variance.
Mr. Gullo responded that was correct.
Mr. Tober stated there is no other place to put the sign.
Mrs. Hicks asked if the adjoining business suffered any damage to its sign from snow plows or salt.
WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
1250 Union Road Minutes #2011-09
West Seneca, NY 14224 September 28, 2011
Page eight . . .
2011-048 (Continued)
Mr. Tober stated he looked at it last year and there is still a 5 ft distance from the bank.
Mr. Gullo stated it is in line with the others down the street. The only concern is with snow removal. Applicant has a small lot and snow removal will be difficult.
Mr. Hughes questioned the need for a sign 50 sf in size.
Mr. Tober explained that he needs to have two company names on the sign with lettering large enough to be legible to people driving by. There are few options on where to place the sign.
No comments were heard from the public.
A representative of Santoro Signs stated he has been working with applicant on this project. The height and setback is not an issue as far as visibility is concerned.
Motion by Mr. Harmon, seconded by Mrs. Rosenswie, to close the public hearing and grant a variance for property located at 1327 Orchard Park Road to erect sign larger than allowed and closer to property line than allowed.
Ayes: All Noes: None Motion Carried
2011-049 Request of Margaret Bochicchio for a variance for property located at 5220 Seneca Street to add dwelling unit at rear of building.
Margaret Bochicchio, 5220 Seneca Street, stated she would like to add living quarters on the back of the building for herself in order to consolidate living expenses. Her plan is to rent the existing building as a business venture for storage of construction equipment, sell her home in Hamburg, and reside in the proposed living quarters.
Mrs. Hicks asked if this business was currently operating out of the property.
Ms. Bochicchio stated there is currently another tenant who does most of his business on site. There are trucks on site now but those will be gone once the tenant leaves.
WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
1250 Union Road Minutes #2011-09
West Seneca, NY 14224 September 28, 2011
Page nine . . .
2011-049 (Continued)
Mr. Gullo stated the applicant is asking for a contractor storage facility which is within the zoning and must be completely within a closed building. The trailer in front now would have to be removed. Space is limited and there are several variances needed for parking. Any vehicles would have to be parked inside the garage.
Mr. Monolopolus stated his concern as to where the applicant would park her own vehicle.
Mr. Gullo stated two parking spaces in front are needed for that building and the space is tight.
Mr. Harmon asked for clarification on the 5 ft setback for pavement with 0 ft being provided.
Mr. Gullo stated that from her parking lot itself to the neighbor, 5 ft of green space is required.
Mr. Monolopolus asked applicant if the building is currently for sale.
Ms. Bochicchio responded that if the variance was granted, she would take the property off the market.
Mr. Harmon stated it was his understanding that the proposed building in the back yard would be smaller than the existing building and not as wide on the lot as the existing building.
Mr. Gullo said it was his understanding it was all one parcel at one time and then split up.
Mr. Hughes asked the time-line for building the residential area if the variance is approved.
Ms. Bochicchio stated she would like to have it completed by the end of the year. The dwelling unit would be approximately 1200 sf. The building would follow the same roof line with one loft bedroom upstairs; there will be no basement, just the foundation.
Mr. Gullo confirmed that applicant would need to follow the fire code and provide a 2 hr fire separation between the buildings.
WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
1250 Union Road Minutes #2011-09
West Seneca, NY 14224 September 28, 2011
Page ten . . .
2011-065 (Continued)
Mrs. Hicks questioned how the applicant would be accessing the back of the property.
Ms. Bochicchio stated there will be a sidewalk to the back on the right hand side.
Mr. Gullo stated the lot is tight and to add a dwelling on the lot would make it even tighter. He also had concerns with snow removal since there is no place to put snow on the lot now. This may be making a problem worse.
Mr. Harmon felt the applicant’s proposal does not suit the existing area with potential problems in the future.
Mr. Gullo also noted the potential problem for fire protection. There is only 5 ft for EMS or fire equipment. If applicant was approved, the walls may have to be rated.
Mrs. Rosenswie suggested the applicant speak with her contractor and rethink the situation before the Board makes a decision.
Mr. Gullo requested the applicant to also have the design profession look at the proposed building to determine how much fire protection will be required for the walls.
Motion by Mrs. Rosenswie, seconded by Mr. Hughes, to table this item until the October meeting.
Ayes: All Noes: None Motion Carried
2011-050 Request of Santoro Signs Inc. for a variance for property located at 2339 Union Road to allow placement of pylon sign off premises and larger than allowed.
Jim Papiello, Santora Signs, Inc., appeared on the request for a interior lighted pole sign on Union Road for advertising out front.
Mr. Hughes questioned the square footage.
WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
1250 Union Road Minutes #2011-09
West Seneca, NY 14224 September 28, 2011
Page eleven . . .
2011-065 (Continued)
Mr. Papiello stated there will be multiple names on the sign, including the senior apartments, Save a Lot, and Karate. These places do not have frontage on Union Road.
Mr. Monolopolus asked if the woodworking business previously before the Board would be part of that sign.
Mr. Papiello stated that was on the side.
Mr. Gullo stated the woodworking business is a different tenant space but in the same building.
Mr. Harmon noted the poor condition of the existing Karate sign.
Mr. Gullo agreed, and requested that the Board stipulate for the removal of the frame signs in the event this variance is approved.
Mrs. Hicks noted the applicant is requesting a 10 x 10 sf sign.
Mr. Papiello clarified the size, noting that the top is an aluminum cap portion and not included in the actual size of the sign.
Mr. Monolopolus questioned if the size of the sign could be reduced to 80 square feet.
Mr. Papiello stated they originally had considered a larger sign, but anything smaller than the requested size would get lost visually in that area.
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 2339 Union Road to allow placement of pylon sign off premises and larger than allowed, with the stipulation that the temporary signs advertising businesses be removed.
Ayes: All Noes: None Motion Carried
2011-051 Request of Michael & Elizabeth Rolling for a variance for property located at 21 Greymont Avenue to erect structure in required front yard setback.
WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
1250 Union Road Minutes #2011-09
West Seneca, NY 14224 September 28, 2011
Page twelve . . .
2011-051 (Continued)
Michael & Elizabeth Rolling, 21 Greymont Avenue, appeared on the request to erect a pergola in the front yard setback. Mr. Rolling stated the lot is small. Mrs. Rolling stated she works two jobs and this is her only recreation and she would like to make her own wine. This is a traditional Italian pergola and very attractive. People have even stopped to take photographs of the pergola. Signatures of residents at 29 Greymont Avenue, 18 Greymont Avenue, 88 Holland Avenue and 84 Holland Avenue, having no objection were submitted.
Mr. Gullo noted the required setback from the front property line is 30 feet.
Mr. Hughes questioned if a retail operation would be run out of the house.
Mrs. Rolling stated no retail operation would be run. This is for personal use.
Mrs. Hicks questioned the Code Enforcement Officer if this would present any safety issues.
Mr. Gullo responded that no safety issues were posed by the pergola.
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 21 Greymont Avenue to erect structure in required front yard setback.
Ayes: All Noes: None Motion Carried
2011-052 Request of Jessica Vaniderstine for a variance for property located at 300 Borden Road to allow three dogs at residence.
Jessica Vaniderstine, 300 Borden Road, stated she previously resided in Cheektowaga with three dogs. After moving into West Seneca, she contacted the Town Clerk’s Office and was informed three dogs were the legal limit, but apparently the limit is two. The three dogs were then licensed in West Seneca.
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West Seneca, NY 14224 September 28, 2011
Page thirteen . . .
2011-065 (Continued)
Mr. Hughes asked the applicant if she had the paperwork on the dogs’ licenses.
Ms. Vaniderstine stated she did not bring the paperwork with her.
Ms. DePasquale clarified the procedures of the Town Clerk’s Office, noting that dog owners are advised the limit of dogs that can be licensed is two; however under Agriculture & Marketing regulations, a license must be issued for additional dogs in a household over that number.
Town Attorney Martin noted the licensing is controlled by the State and the number of dogs is controlled by the town.
Mr. Hughes asked if the neighbors were in favor of this request.
Ms. Vaniderstine stated the neighbor said anything over two dogs was a kennel and was not in favor of a kennel.
Mr. Monolopolus asked the applicant if there were plans to breed the dogs.
Ms. Vaniderstine stated she would not be breeding dogs.
Mr. Gullo noted there are a couple fences in the back and one for a dog run which are legal. If there is a complaint, his office will investigate. The applicant is aware of the regulations.
Mrs. Hicks asked the Code Enforcement Office if requests of this type had been granted in the past.
Mr. Gullo responded there were only occasional requests; not all were granted.
Mr. Harmon noted it was his understanding that applicant planned on moving out of West Seneca.
Ms. Vaniderstine stated that was correct.
No comments were heard from the public.
WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
1250 Union Road Minutes #2011-09
West Seneca, NY 14224 September 28, 2011
Page fourteen . . .
2011-065 (Continued)
Motion by Mrs. Rosenswie, seconded by Mrs. Hicks, to close the public hearing and grant a variance for property located at 300 Borden Road to allow three dogs at residence.
Ayes: Four (4) Mrs. Rosenswie, Mrs. Hicks, Mr. Monolopolus, Mr. Hughes
Abstaining: One (1) Mr. Harmon Motion Carried
2011-044 Request of Daniel Hosler for a variance for property located at 3220 Seneca Street to conduct business outside building (outdoor seating).
Motion by Mrs. Hicks, seconded by Mr. Harmon, to table this item until the October meeting.
Ayes: All Noes: None Motion Carried
2011-053 Request of John Augustyn for a variance for property located at 4414 Clinton Street to erect structure closer to front property line than allowed.
Request withdraw at request of applicant.
ADJOURNMENT:
Motion by Mrs. Rosenswie, seconded by Mr. Hughes, to close the public hearing and adjourn the meeting (8:20 pm).
Ayes: All Noes: None Motion Carried
Respectfully submitted,
Patricia C. DePasquale, RMC/CMC
Secretary