Zoning Board Minutes
WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
1250 Union Road Minutes #2011-11
West Seneca, NY 14224 December 14, 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, December 14, 2011 at 7:00 P.M. followed by the Pledge of Allegiance. Mr. Monolopolus dedicated this meeting to Town Clerk Pat DePasquale who will be retiring at the end of the year and thanked her for her years of service.
ROLL CALL: Present - David Monolopolus, Chairman
Michael P. Hughes
Michael P. Harmon
Evelyn Hicks
Shawn P. Martin, Town Attorney
John Gullo, Code Enforcement Officer
Absent - Sandra Giese Rosenswie
OPENING OF PUBLIC HEARING
Motion by Mr. Hughes, seconded by Mr. Harmon, to open the Public Hearing.
Ayes: All Noes: None Motion Carried
APPROVAL OF PROOFS OF PUBLICATION
Motion by Mr. Harmon, seconded by Mr. Hughes, to approve the proofs of publication and posting of legal notice.
Ayes: All Noes: None Motion Carried
APPROVAL OF MINUTES
Motion by Mr. Hughes, seconded by Mr. Harmon, to approve Minutes #2011-10, October 26, 2011.
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 stated she appeared before the Board two months ago and was granted a variance to allow the three dogs and then was advised to return this date.
Mr. Harmon asked for clarification that applicant currently has three dogs on the premises and the yard is fenced.
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1250 Union Road Minutes #2011-11
West Seneca, NY 14224 December 14, 2011
Page two . . .
2011-052 (Continued)
Ms. Vaniderstine stated that was correct.
Mr. Harmon questioned if the dogs were visible to the neighbors.
Ms. Vaniderstine stated they were not.
Mr. Monolopolus asked if the applicant was operating a kennel.
Ms. Vaniderstine stated she was not operating a kennel as she is employed full time.
Wally Kowtun, 306 Borden Road, stated he lives on the north side of Borden. He is opposed to the request of applicant. The dogs do cause a ruckus with barking early in the morning and he has placed complaints with the dog warden.
Ms. Vaniderstine stated the Police Department handles complaints on barking dogs and it has never received a complaint. Two of the three dogs are actually debarked.
Mr. Hughes noted the applicant indicated at the last meeting that it was her intention to move.
Ms. Vaniderstine stated that was still her intention due to the harassment of the neighbors and which necessitated the filing of a police report against the neighbor for harassment.
Patrick Conlon, 290 Borden Road, stated he failed to see the purpose of this request. When the applicant initially moved in, the neighbors were asked to sign a petition to allow numerous dogs. The neighbors objected to the request and still do. Mr. Conlon asked how the number of dogs would be controlled and who would be checking the situation. The neighbors are not trying to harass anyone; this has turned into a game.
Mr. Monolopolus asked how Mr. Conlon knew there were more than three dogs on the site.
Mr. Conlon stated there was no way to know.
Ms. Vaniderstine stated a 6 ft stockade fence was approved by the Building Department. One of the three dogs is 10 ½ years old.
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1250 Union Road Minutes #2011-11
West Seneca, NY 14224 December 14, 2011
Page three . . .
2011-052 (Continued)
Mr. Hughes questioned the time line anticipated for the moving process.
Ms. Vaniderstine responded that she wanted to wait until the close of the winter weather. She has done extensive remodeling to the house and was then accused of converting her home to a two-family home. The Building Inspector has been out to inspect the house and found the accusation to be untrue.
Mr. Gullo confirmed that his assistance informed him that there was no second kitchen and he found nothing out of the ordinary.
Mr. Hughes noted the applicant has already been granted a variance and is looking to relocate. Temporary time frames have been given in the past and he suggested a one-year variance after which the applicant would be required to return before this Board.
Motion by Mr. Hughes, seconded by Mrs. Hicks, to amend the variance granted at the September, 2011 meeting and grant a one-year variance until December 1, 2012.
Ayes: All Noes: None 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).
Applicant not present. Held until end of meeting.
2011-049 Request of Margaret Bochicchio for a variance for property located at 5220 Seneca Street to add dwelling unit at rear of building.
Applicant not present. Held until end of meeting.
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.
Applicant not present. Held until end of meeting.
WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
1250 Union Road Minutes #2011-11
West Seneca, NY 14224 December 14, 2011
Page four . . .
NEW BUSINESS:
2011-059 Request of Ralph Baranes for a variance for property located at 2180 Union Road to allow a non-conforming sign.
Ralph Baranes, Premier Sign Systems, Rochester, New York, and Mike Hyman, representing M & T Bank, appeared on the request.
Mr. Baranes stated it was the bank’s intention to replace the existing sign with a sign exceeding the sign code by approximately 20 square feet. There is also no clearance under the sign.
Mr. Gullo clarified that the code was changed to allow ground signs so the applicant will not need a variance for that, and he has the required setback.
Mr. Baranes presented a package of information for the Board, including a survey map, a drawing with dimensions of the proposed 67 sf sign, where the sign will be located, and photos of the existing sign and proposed sign. Mr. Baranes stated the proposed sign will actually be less disturbing than the existing sign which has only a 2 ft setback while the proposed sign is set back 10 ft.
Mr. Monolopolus asked for confirmation that the sign will be illuminated but not flashing.
Mr. Hyman stated that was correct.
Mr. Monolopolus asked if the sign will pose a problem with snow removal.
Mr. Hyman stated snow removal will not be a problem with the sign situated 10 ft from the front curb and 2 ft from the back curb.
No comments were heard from the public.
Motion by Mr. Hughes, seconded by Mrs. Hicks, to close the public hearing and grant a variance for property located at 2180 Union Road to allow a non-conforming sign.
Ayes: All Noes: None Motion Carried
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1250 Union Road Minutes #2011-11
West Seneca, NY 14224 December 14, 2011
Page five . . .
2011-060 Request of Dennis Sullivan for a variance for property located at 1481 Orchard Park Rd to allow raising of chickens on property.
Dennis Sullivan, 1481 Orchard Park Road, stated his son hatched chicken eggs through a school project and has been taking care of them since then. They were then informed by the Building Inspector that keeping of
poultry is not allowed under the town code. Mr. Sullivan submitted photos of the property where the chickens are housed. There are 13 chickens, including 7 hens and 6 roosters which have become pets to his son. The chickens are housed in a trailer with a tarp. He received one complaint when the tarp blew off. The neighbors, other than the one complaint, have been in support of the family keeping the chickens.
Mr. Harmon asked if the complaint was based on the noise of the roosters or the smell.
Mr. Sullivan stated the complaint was based on the noise of the roosters.
Mrs. Hicks questioned the size of applicant’s lot.
Mr. Sullivan responded the lot is almost an acre and adjoins the Church property.
Mr. Gullo stated the applicant had been spoken to by Mr. Pinnavaia several months ago and they have received some complaints.
Mr. Martin noted that the School Board is subject to the town zoning laws and should be the responsible party to request the variance. It should lead by example and not violate the town ordinance.
Mr. Gullo stated it was his intention to meet with School Superintendent Crawford.
Mr. Martin suggested they meet together with Mr. Crawford.
Mr. Sullivan stated they were unaware at the time which eggs contained roosters. After 28 weeks, if the chicken lays an egg, then it is apparent it is a hen. Each classroom participated in the project. Chickens lay eggs for an approximate two year period of time and live about seven years.
Mrs. Hicks questioned if the SPCA had any type of adoption policy on chickens.
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West Seneca, NY 14224 December 14, 2011
Page six . . .
2011-060 (Continued)
Mr. Gullo responded it did not, to the best of his knowledge.
Mr. Hughes noted this appears to be a public health issue more than anything else.
Mr. Monolopolus cited a letter from Lori Evans, 2434 Berg Road, the property directly behind applicant, stating she had no problem with the raising of chickens on the property; St. Peter’s United Church of Christ, adjacent to the applicant’s property, stating no problem with the chickens and they were properly caged.
Mr. Hughes referred to the term “caged”, noting the applicant stated they were in a trailer which was much different than a cage.
Mr. Sullivan stated the chickens are enclosed securely in the trailer. The chickens have become pets to his son and the cost to maintain them is $100 monthly. It is his intention to create permanent housing for the chickens.
Mrs. Hicks stated she had a couple issues with the request. There was a previous request before the Board due to a similar situation. The Board granted a six-month variance for 5 chickens and no roosters. The applicant also had permanent housing for the chickens, rather than a makeshift shelter. It would be difficult for the Board to grant a variance for 13 chickens when the Board limited the previous variance to 5.
Mr. Sullivan stated they would have no other alternative than to slaughter the chickens.
Mrs. Hicks stated she understood applicant’s plight but it puts the Zoning Board in a bad position when the School Board needs to address this issue.
Mr. Gullo noted there is at least one person who called again to complain.
Mr. Sullivan stated that person lives in the apartment house on the corner and many of those people are transient.
No comments were heard from the public.
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West Seneca, NY 14224 December 14, 2011
Page seven . . .
2011-060 (Continued)
Motion by Mr. Harmon, seconded by Mr. Hughes, to close the public hearing and grant a six-month variance for property located at 1481 Orchard Park Rd to allow raising of 7 hens, with removal of the roosters within 30 days, and the applicant to return before the Zoning Board of Appeals at the end of six months.
On the question, Town Attorney Shawn Martin was directed to contact the West Seneca School Board to address this issue.
Ayes: All Noes: None Motion Carried
2011-061 Request of Alco Sign Service for a variance for property located at 650 Orchard Park Rd to allow roof mounted sign.
Applicant not present. Held until end of meeting.
2011-062 Request of Michael A. Pinnavaia for a variance for property located at 78 Brantwood Drive to allow 6 ft high fence in side yard.
Michael Pinnavaia, 78 Brantwood, stated he is requesting a 6 ft fence on his side lot of the property to shield the backyards of properties on Sherwood Court. The location of the fence was reviewed with Board on the overhead screen, noting that it will not obstruct traffic exiting from anyone’s property.
Mr. Martin noted a 6 ft fence would be appropriate if the neighbors to the rear requested same.
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 78 Brantwood Drive to allow 6 ft high fence in side yard.
Ayes: All Noes: None Motion Carried
2011-063 Request of Dennis Bengert for a variance for property located at 230 French Road to allow a stone prking area instead of hard surfaced paving.
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West Seneca, NY 14224 December 14, 2011
Page eight . . .
2011-063 (Continued)
Michael Bengert, 379 French Road, stated the request is for pavement of a portion of the lot. The house in front was taken down and they would like to make it all parking with some landscaping. They were before the Planning Board with a drainage plan but were requested to appear before this Board for a portion of the lot to be surface paved. Applicant reviewed the area to be paved on the overhead screen; 30 ft wide from the road and 75 ft off the building to allow handicapped parking. There are eighteen parking spots on the paved area. The portion that will be compacted stone will be used for unloading tractor trailers. That area if paved would only be destroyed by the tractor trailers.
Mr. Hughes questioned Mr. Gullo if there were other business with similar type situations.
Mr. Gullo responded that every other business would pave the parking lot and he has never observed any broken pavement from three wheeler forklifts. Applicant is before the Board today because the site was altered, taking out the house and replacing it with stone, which triggered site plan review with the option to request the variance.
Mr. Martin stated the applicant must comply with the drainage regulations regardless of what material is used. The material used will go into the calculations for the runoff.
Mr. Gullo referred to the aerial shot shown on the overhead screen, noting it is not recent but some of the items are now located in a different area.
Mr. Bengert stated their main business is during May, June and July. They do sell poinsettias but very will retail with the bulk sold wholesale to churches and fundraisers. The florist has its own parking.
Mr. Monolopolus questioned the required number of parking spaces.
Mr. Gullo responded that one space is needed for every 700 sq ft of gross floor area. Applicant will need 5 or 6 spaces. Applicant is proposing 18 spaces in front of the storage barn which would suffice for the greenhouse and the business itself.
Mrs. Hicks asked if the material will go to the back of the property once the material is unloaded in the area where the millings are planned.
WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
1250 Union Road Minutes #2011-11
West Seneca, NY 14224 December 14, 2011
Page nine . . .
2011-063 (Continued)
Mr. Bengert stated that is correct; the tractor-trailers cannot get around in back to unload materials.
Mrs. Hicks asked if a tractor-trailer pulls off Old French Road onto the 30 ft paved driveway, would it then be unloaded where the house used to stand.
Mr. Bengert responded the tractor-trailers would turn around in that area and unload. Before they would have to actually back in from the street with someone stopping traffic on French Road.
Mrs. Hicks asked if it was possible to pave an additional area for a turn around.
Mr. Bengert noted the location of a light pole which doesn’t allow the tractors to make the turn. Applicant reviewed the process of turn around for tractor-trailers on the overhead screen.
Mrs. Hicks noted her concern with runoff of mud from the tractor-trailers which eventually goes into the storm sewer causing a problem.
Mr. Bengert stated the complaints about the mud stem from the topsoil from the back of the property which pulls dirt from the driveway out onto the street.
Mrs. Hicks noted that the dirt must stay on the property so that it does not go into the receivers. If a turnaround is paved, that problem is eliminated.
Mr. Bengert reviewed the site plan on the overhead screen in detail with Zoning Board members and Mr. Gullo to determine the area for paving.
Gary Rusin stated he has lived at 251 French Road since 1977 and submitted a package of information to the Board. There was a substantial increase in commercial truck traffic entering and exiting the Bengert property this past summer, with noise, dirt, and flumes of dust from the trucks. The property now looks like construction site and a commercial parking lot for equipment. The sign in front says greenhouse but the activity there shows something different. Mr. Rusin asked how this type of business is allowed to operate under the current zoning.
WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
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West Seneca, NY 14224 December 14, 2011
Page ten . . .
2011-063 (Continued)
Mr. Monolopolus asked for clarification on the property’s zoning.
Mr. Gullo responded that the property is zoned R100-A which allows greenhouses. If there is any type of equipment conducive to the greenhouse business, that is allowed. Backhoes and front loaders may be used to load the topsoil.
Mr. Bengert stated they process topsoil and sell it to the public and the Town of Cheektowaga. The dump truck used to deliver stone and topsoil is similar to a cube van.
Bill Weber, 258 French Road, stated his property adjoins the Bengert property. He works nights on another job and complained of the noise and dust in his pool. He did not complain to the applicant because nothing has been done in the past. He is not against trucks making deliveries or seasonal rental trucks, but is opposed to the applicant bulldozing a ditch onto his property, garbage blowing in the wind, and an unmanned truck rolling onto his property. He is opposed to large dump trucks constantly in and out the unpaved parking area and driveway all the way back to the dirt pile. He has counted 10 dump trucks in one hour during the summer. Whether paved or stone, there will still be the same amount of dirt in the tires until the vehicle starts picking up speed on French Road. Three pieces of equipment were operating on Thanksgiving Day. The dust and noise goes on all day, every day, all spring, summer and fall. He has a problem planting corn because of the dust. He was obligated to borrow $220,000 to pay for drainage and receivers and retention pond in order to comply with the town’s regulations. He also had to follow town regulations and provide paving when his business expanded.
Rosemary Rusin, 251 French Road, stated she has resided there for 62 years and is familiar with traffic necessary to operate businesses on the road. Most are seasonal and have deliveries. This summer huge dump trucks started dumping dirt in the back eight hours a day, two to three days a week. She is unable to sit on her back deck without hearing the dump trucks. The dirt that drops in the street causes the dust and is enhanced with every car that travels down the road. The dust cannot be good for breathing and it is not monitored. The property looks like a construction site.
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1250 Union Road Minutes #2011-11
West Seneca, NY 14224 December 14, 2011
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2011-063 (Continued)
Mr. Harmon referred to the comments made by the previous speaker and questioned the need of dump trucks coming in two or three days a week.
Mr. Bengert stated when topsoil is purchased, it is hauled in all at once and then it goes out gradually. It takes two or three days for the delivery. They have employees help sweeping the street and hosing it down.
Mrs. Rusin disagreed with applicant’s comments, stating the town came in to clean up the street, not applicant. She is home all the time and is aware of the daily activity on the property.
Mr. Martin questioned whether any of the complaints violated any section of the town code.
Mr. Gullo stated the complaints with the trucks do not violate the noise ordinance. A neighbor provided Mr. Gullo with a document indicating the applicant was operating a boring business and if true, that activity does not belong there. Stockpiling topsoil for sale is allowable but if applicant is boring a couple jobs and bringing it back, that is not permissible.
Mr. Martin noted that the Zoning Board should be addressing the request for a variance. The other issues of hours of operation, landscaping, fences, and drainage are properly before the Planning Board where this project is pending and where the property owns must still satisfy SEQR and DEC requirements.
Letters of no objection were submitted from residents at 300 French Road, 236 French Road, 199 French Road, 200 French Road, 218 French Road, 209 French Road, 180 French Road and 210 French Road.
Motion by Mr. Harmon, seconded by Mrs. Hicks, to close the public hearing and grant a variance for property located at 230 French Road to allow a stone prking area instead of hard surfaced paving as outlined on the overhead screan and as amended on the plan.
Ayes: All Noes: None 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).
WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
1250 Union Road Minutes #2011-11
West Seneca, NY 14224 December 14, 2011
Page twelve . . .
Motion by Mr. Hughes, seconded by Mrs. Hicks, to receive and file.
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.
Motion by Mr. Hughes, seconded by Mr. Monolopolus, to receive and file.
Ayes: All Noes: None Motion Carried
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.
Motion by Mr. Hughes, seconded by Mr. Monolopolus, to table this item until the January meeting.
Ayes: All Noes: None Motion Carried
2011-061 Request of Alco Sign Service for a variance for property located at 650 Orchard Park Rd to allow roof mounted sign.
Motion by Mr. Hughes, seconded by Mr. Monolopolus, to table this item until the January meeting.
Ayes: All Noes: None Motion Carried
Ayes: All Noes: None Motion Carried
ADJOURNMENT:
Motion by Mr. Hughes, seconded by Mr. Monolopolus, to close the public hearing and adjourn the meeting (8:45 pm).
Respectfully submitted,
Patricia C. DePasquale,
Secretary