Zoning Board Minutes

WEST SENECA TOWN OFFICES                          ZONING BOARD OF APPEALS
1250 Union Road                                                   Minutes #2011-10
West Seneca, NY   14224                                     October 26, 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, October 26, 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 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. Monolopolus, seconded by Mrs. Rosenswie, to table Minutes          #2011-09, September 28, 2011 until the December 14, 2011 meeting.
 
          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.
 
                     Chairman Monolopolus stated this item will be re-heard at the December 14, 2011 meeting since the applicant failed to notify neighbors of the September meeting held before this Board.
 
                     Motion by Mr. Hughes, seconded by Mrs. Rosenswie, to place this item on the December 14, 2011 agenda for re-hearing.
 
                     Ayes:   All                            Noes: None                      Motion Carried
WEST SENECA TOWN OFFICES                          ZONING BOARD OF APPEALS
1250 Union Road                                                   Minutes #2011-10
West Seneca, NY   14224                                     October 26, 2011
                                                                       Page two . . . 
 
OLD BUSINESS:
 
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 Mr. Hughes, seconded by Mr. Monolopolus, to table this item until the December 14, 2011 meeting due to applicant’s failure to appear at this meeting.
 
                     Ayes:   All                 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.
 
                     Moton by Mr. Monolopolus, seconded by Mrs. Rosenswie, to re-open the September 28, 2012 decision of the Zoning Board of Appeals.
 
                     Ayes:   All                 Noes: None                                  Motion Carried
 
                     Motion by Mrs. Rosenswie, seconded by Mr. Hughes, to amend the September 28, 2012 decision of the Zoning Board Appeals and grant a one-year variance for property located at 183 Westcliff Drive to allow raising chickens on property, with the applicant to re-appear before this Board at the end of one-year.
 
                     On the question, Mrs. Hicks noted she had voted against the request last month but since then has done research and talked to some community members who feel at some point in the future, it may be necessary for us to be self-sustaining through growing food and raising our own livestock. She also referred to a City of Buffalo code allowing for chickens. Motion by Mrs. Hicks, seconded by Mr. Harmon, to amend the motion to allow raising of chickens on the property, with no more than 5 chickens allowed and no rooster, for a period of one year, and at the conclusion of a year applicant to reappear before this Board whether or not chickens remain on the property to advise how that experiment is going.
 
                     Ayes:   Three (3)       Mrs. Hicks, Mr. Harmon, Mr. Monolopolus
                     Noes: Two (2)          Mrs. Rosenswie, Mr. Hughes           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.
 
                    
WEST SENECA TOWN OFFICES                          ZONING BOARD OF APPEALS
1250 Union Road                                                   Minutes #2011-10
West Seneca, NY   14224                                     October 26, 2011
                                                                       Page three . . . 
 
2011-049      (Continued)
 
                     Motion by Mr. Hughes, seconded by Mrs. Rosenswie, noting the absence of applicant, to table this item until the December 14, 2011 meeting.
 
                     Ayes:   All                 Noes: None                                  Motion Carried
 
2010-063     Request of Kenneth P. Inwood for a continuance of a previously granted
                     variance for property located at 270 Center Road to allow live music.
                    
                     Patrick Sullivan stated he is requesting a continuation of the previously granted one-year variance to allow live music.
 
                     Chairman Monolopolus stated he checked with the Police Department and found no reports on file of disturbances at the establishment.
 
                     Mrs. Hicks questioned what restrictions were placed on the variance.
 
                     Mr. Hughes noted the applicant must comply with the town noise ordinance and restrictions can be placed on hours for weekdays and weekends.
 
                     Mr. Sullivan stated they currently have live music one night a week and on Saturdays starting at 10:00 p.m. and ending around 1:00 a.m.
 
                     Motion by Mrs. Hicks, seconded by Mr. Hughes, to extend the variance for property located at 270 Center Road to allow live music on weekdays until 11:00 p.m. and on weekends until 1:30 a.m. for a one-year period of time.
 
                        Ayes:   All                 Noes: None                                  Motion Carried
                       
NEW BUSINESS:
 
2011-054     Request of Glenn Davis for a variance for property located at 4040 Clinton Street to allow temporary structure on property.
 
                     Michael Paolini, representing More Cent Recycling, stated their request is to place a bottle and can redemption center in the plaza at French Lea and Clinton Street. Photos of the location of the trailer were presented, as well as letters of no objection from Robert Roof, RMR Development, owner of the plaza, two residents who reside on the plaza, and residents who live in homes surrounding the plaza who have no objection. 
WEST SENECA TOWN OFFICES                          ZONING BOARD OF APPEALS
1250 Union Road                                                   Minutes #2011-10
West Seneca, NY   14224                                     October 26, 2011
                                                                       Page four . . . 
 
2011-054      (Continued)
 
                     Mrs. Rosenswie questioned if the company is associated with the redemption center located on Kelsey Drive.
 
                     Mr. Monolopolus stated that is a different company, Cash for Cans.
 
                     Photos of the site were reviewed with the Zoning Board members, as well as photos from the overhead screen. Mr. Paolini stated the trailer cannot be seen from Clinton Street or French Lea Road. The trailer will not hinder safety or the exiting or entering of the plaza or any of the stores. The trailer is not a permanent structure and once filled to capacity, will be replaced with an empty trailer and will be sprayed for insects in the warm months.   The trailer will not block any windows or doors or escape routes in case there is an emergency in the plaza.
 
                     Code Enforcement Officer John Gullo stated his concern with the exiting the convenient store. There is a window on the elevation for the tenant space and wanted to be sure all building and fire codes were met. He may ask for a Jersey barrier behind it so the trailer cannot go any farther back.
 
                     Mr. Harmon questioned the size of the trailer.
 
                     Mr. Paolini stated they have trailers ranging in size from 27 feet to 48 feet. The gentleman at the convenience store has requested the trailer be a number of feet from the shed and they have agreed. Pickup of the contents currently will be once a week until such time as the volume increases and then pickup will occur twice a week if necessary. Mr. Paolini inquired if it would be possible to place a pod on the site.
 
                     Mr. Monolopolus stated the Board considers a pod a temporary building and the issue of temporary is always questionable.
 
                     No comments were heard from the public.
 
                     Motion by Mr. Monolopolus, seconded by Mr. Harmon, to close the public hearing and grant a variance for property located at 4040 Clinton Street to allow temporary structure on property in the form of a trailer not to exceed 53 ft and with a Jersey barrier to allow ingress and egress; trailer is not to block the side window, and the trailer is not to protrude past the front of the building so as not to be visible from Clinton Street.
 
WEST SENECA TOWN OFFICES                          ZONING BOARD OF APPEALS
1250 Union Road                                                   Minutes #2011-10
West Seneca, NY   14224                                     October 26, 2011
                                                                       Page five . . . 
 
2011-054      (Continued)
                    
                     Ayes:   All                            Noes: None                       Motion Carried
 
2011-055     Request of Gina Burke for a variance for property located at 24 Elwood Drive to erect 5 1/2 ft fence in front yard.
 
                     Gina Miller, formerly Gina Burke, stated the fence in question is already up as it was erected in error. They were previously granted a one-year variance and are now requesting that the fence be allowed to remain. Signatures of residents at 33 Elwood, 25 Elwood, 41 Elwood, 17 Elwood, 9 Elwood and 2 Elwood were submitted, stating no objection to the fence. The neighbor on the side with the fence is opposed to the fence. The fence is being requested for privacy and the reason the fence was placed in its current location was to extend the yard. The area is approximately 20’ x 20’ that is being used as a yard. They have owned the house for three years and have a growing family. The portion that the neighbor is upset about is a matter of 5 feet which is the side of his house and serves no purpose. The neighbor’s window is on that side and the fence doesn’t block the view of the backyard or the street. Mrs. Miller also felt the fence does not devalue the property or change the neighborhood. 
 
                     Mr. Monolopolus questioned concerns on the part of the Code Enforcement Officer relating to access by fire equipment.
 
                     Mr. Gullo stated he had no concerns. There is 5 ½ feet from the lot line to the neighbor’s house.
 
                     Mrs. Miller stated they take full responsibility for the error. It was their understanding that portion of the property was their back yard and they were not aware it was actually considered the side yard. A substantial amount of money has been spent to fix up the house and erect the fence. 
 
                     Bill Peterson, 32 Elwood, stated he is the neighbor on the right of applicant’s property. He toured the neighborhood and could not find a house that violated the code for fences in town. He did not understand the statement of applicant about needing room when a 20 ft pool was put in the yard. 
 
                     Mr. Harmon questioned what Mr. Peterson’s opposition was to the fence.
 
 
WEST SENECA TOWN OFFICES                          ZONING BOARD OF APPEALS
1250 Union Road                                                   Minutes #2011-10
West Seneca, NY   14224                                     October 26, 2011
                                                                       Page six . . . 
 
2011-055      (Continued)
 
                     Mr. Peterson stated he did not like it. It is the only house on the street that has a fence coming out along the side to the front of the house.
 
                     Mrs. Rosenswie asked if Mr. Peterson would object to a 4 ft fence.
 
                     Mr. Peterson stated he would not object to a 4 ft fence which is allowed under the code.
 
                     Mr. Harmon questioned Mr. Peterson if he was opposed to the height of the fence.
 
                     Mr. Peterson stated it was the height of the fence and the looks of it. He also felt it devalues his property.
 
                     Mr. Harmon asked if Mr. Peterson had any proof the fence is devaluing his property.
 
                     Mr. Peterson responded that he had no proof.
 
                     The Zoning Board members reviewed the location of the fence on the overhead screen with Mr. Peterson.
 
                     Mrs. Hicks commented that the applicant knew at the time the variance was granted that it was for a one year period of time.
 
                     Mrs. Miller responded that the fence was up prior to that without a variance because they were unaware that was actually the side yard.
 
                     Mrs. Hicks stated the installer of the fence should have known a variance was required.
 
                     Mrs. Miller stated it was her uncle who installed the fence.
 
                     Motion by Mr. Harmon, seconded by Mr. Monolopolus, to close the public hearing and grant a variance for property located at 24 Elwood Drive to erect 5 1/2 ft fence in front yard.
 
                     Ayes:   All                 Noes: None                                  Motion Carried
                    
 
 
WEST SENECA TOWN OFFICES                          ZONING BOARD OF APPEALS
1250 Union Road                                                   Minutes #2011-10
West Seneca, NY   14224                                     October 26, 2011
                                                                       Page seven . . . 
 
2011-056     Request of Richard Schmitt for a variance for property located at 1051 Center Road to allow reduction of required builk area and required frontage from 40 ft to 35 ft.
 
                     Chairman Monolopolus stated he received notification that the attorney for applicant is unavailable for this meeting.
 
                     Motion by Mr. Hughes, seconded by Mrs. Rosenswie, to table this item until the December 14, 2011 meeting.
 
                     Ayes:   All                            Noes: None                       Motion Carried
 
2011-057     Request of Christine Sanfilippo for a variance for property located at 17 Wenro Place to erect 6 ft fence in front yard.
 
                     Christine Sanfilippo, 17 Wenro Place, stated she is requesting a 6 ft fence from the front corner of the house across the driveway and back a couple of sections. She lives at the dead end of Wenro Place. The applicant reviewed the location of the fence with Zoning Board members. The house was a demo when purchased and they are reconstructing the house. They have three small children and would like to keep them safe. Neighboring kids use the guard rail as a hang-out spot. There is an apartment house across the street and since July, there have been four or five arrests witnessed by her children. The fence will effectively block their view from that situation. The fence will run to the back edge of her house. They are planning on installing a chicken coop type fence so that her children cannot go into the woods.
 
                     Mrs. Hicks asked for clarification that applicant plans on erecting a stockade fence from the corner of the house to the edge of the other side of the driveway and then back 16 to 20 feet.
 
                     Mrs. Sanfilippo responded that was correct; the house is 20 or 25 ft deep and she would like her children safely enclosed. It will be double-gated in the middle so that cars can get in and out without the children having a view of the street.
 
                     Mr. Hughes asked if applicant planned on using the garage.
 
                     Mrs. Sanfilippo stated the garage would not be used for cars. They have indoor/outdoor carpeting with patio furniture in the garage.
 
                    
WEST SENECA TOWN OFFICES                          ZONING BOARD OF APPEALS
1250 Union Road                                                   Minutes #2011-10
West Seneca, NY   14224                                     October 26, 2011
                                                                       Page eight . . . 
 
2011-057      (Continued)
 
                     Mr. Gullo stated he had no concerns as long as the gate is there so two cars can be parked beyond the front of the house.
 
                     Mr. Hughes asked if applicant obtained letters of no objection from the neighbors.
 
                     Mrs. Sanfilippo responded that she did contact the neighbors, most of whom were renters and thought she should speak with the property owners. They are not living there yet and therefore was not able to meet up with the landlords yet. The neighbors are to the left of her and would not be able to see the fence.
 
                     No comments were heard from the public.
 
                     Motion by Mr. Hughes, seconded by Mr. Monolopolous, to close the public hearing and grant a one-year variance for property located at 17 Wenro Place to erect 6 ft fence in front yard. 
 
                     On the question, Mr. Hughes noted the lack of documented support from the neighbors and the one-year limitation will allow the request brought back before the Board in a year from now to make sure there are no problems with the fence in the neighborhood.
 
                     Ayes:   All                            Noes: None                       Motion Carried
 
2011-058     Request of Joseph J. Basile for a variance for property located at 534 Main Street to allow reduction of side yard setback from required 3 ft to 1 ft.
 
                     Joseph Basile, 534 Main Street, stated he would like to replace the existing two-car garage with a 22 ft wide x 34 ft deep garage, 1 foot off the side lot line. This is a very narrow lot and the other side is actually the entrance to another building. The site was reviewed with Board members on overhead screen. Part of the garage will be used as a patio and more or less, storage. A letter of no objection was submitted from adjoining resident at 532 Main Street.
 
                     No comments were heard from the public.
 
                    
 
WEST SENECA TOWN OFFICES                          ZONING BOARD OF APPEALS
1250 Union Road                                                   Minutes #2011-10
West Seneca, NY   14224                                     October 26, 2011
                                                                       Page nine . . . 
 
2011-058      (Continued)
 
                     Motion by Mrs. Hicks, seconded by Mr. Harmon, to close the public hearing and grant a variance for property located at 534 Main Street to allow reduction of side yard setback from required 3 ft to 1 ft.
 
                     Ayes:   All                            Noes: None                       Motion Carried
 
ADJOURNMENT:
 
                     Motion by Mrs. Rosenswie, seconded by Mr. Harmon, to close the public hearing and adjourn the meeting (7:55 p.m.).
 
Respectfully submitted,
 
 
 
Patricia C. DePasquale, RMC/CMC
Secretary