Zoning Board of Appeals Minutes
WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
1250 Union Road Minutes #2012-05
West Seneca, NY 14224 May 23, 2012
The regular meeting of the Zoning Board of Appeals of the Town of West Seneca was called to order by Chairman David Monolopolus at 7:00 P.M. followed by the Pledge of Allegiance led by Town Clerk Jacqueline Felser and 30 seconds of silent prayer.
ROLL CALL: Present - David Monolopolus, Chairman
Michael P. Harmon
Evelyn Hicks
Michael P. Hughes
Sandra Giese Rosenswie
John Gullo, Code Enforcement Officer
Shawn P. Martin, Town Attorney
Absent - None
Chairman Monolopolus read the Fire Prevention Code instructing the public where to exit in case of a fire or an emergency.
OPENING OF PUBLIC HEARING
Motion by Hughes, seconded by Rosenswie, to open the public hearing.
Ayes: All Noes: None Motion Carried
APPROVAL OF PROOFS OF PUBLICATION
Motion by Hicks, seconded by Harmon, that proofs of publication and posting of legal notice be received and filed.
Ayes: All Noes: None Motion Carried
APPROVAL OF MINUTES
Motion by Hughes, seconded by Rosenswie, to approve Minutes #2012-04 of April 25, 2012
Ayes: All Noes: None Motion Carried
OLD BUSINESS
2012-014
Request of Timothy Simpson for a variance for property located at 3030 Transit Road to construct a 6’ high fence (4’ high permitted) projecting 74’ from front of house (10’ permitted)
WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
1250 Union Road Minutes #2012-05
West Seneca NY 14224 May 23, 2012
Page two . . .
2012-014 (continued)
Property Manager Michael Harmon stated he met with the board of directors of Hillcrest Heights and they had no objection to the proposed fence.
No comments were received from the public.
Motion by Monolopolus, seconded by Rosenswie, to close the public hearing and grant a variance for property located at 3030 Transit Road to construct a 6’ high fence projecting 74’ from the front of the house.
Ayes: (4) Chairman Monolopolus, Rosenswie, Hughes, Hicks Noes: None
Abstentions: (1) Harmon Motion Carried
NEW BUSINESS
2012-017
Request of Jonathan E Bennett, Architect for a variance for property located at 1470 Orchard Park Road to construct an addition with a 20' front yard setback (40' required) and 20 parking spaces (26 required)
Architect Jonathan Bennett stated his proposal for a 40’ x 40’ addition on the KeyFood store located at 1470 Orchard Park Road, noting he is requesting an 18’ front setback instead of 20’ as originally requested and a parking variance. There will be no coolers on the outside and compressors will be located on the roof of the new addition. The dumpster will be relocated to the northwest corner of the property within 10’ of the lot line and will be fenced in. A sidewalk will be constructed along the front to Reserve Road. Mr. Bennett stated the addition will make use of the vacant land next door and a new tenant will be brought in, possibly retail. There is sufficient room for snow removal.
Chairman Monolopolus noted receipt of letters of approval from St. Peter’s United Church of Christ at 1475 Orchard Park Road, 1510 Orchard Park Road, 26 Reserve Road and 50 Cove Hollow.
No comments were received from the public.
Motion by Rosenswie, seconded by Hicks, to close the public hearing and grant a variance for property located at 1470 Orchard Park Road to construct an addition with an 18’ front yard setback and 20 parking spaces.
Ayes: All Noes: None Motion Carried
WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
1250 Union Road Minutes #2012-05
West Seneca, NY 14224 May 23, 2012
Page three . . .
2012-018
Request of Kenneth Hess for a variance for property located at 335 Angle Road to construct a deck attached to pool and house (10' separation required)
Kenneth Hess stated his request to attach the pool deck to the main deck in his back yard. The deck will have a rail around it and a self closing, self latching gate as well as the pool alarm. The existing stairs will remain and the only access will be through the latching gate. Mr. Hess had no letters from his neighbors, but did not foresee them having any problem with his plan.
No comments were received from the public.
Motion by Harmon, seconded by Hughes, to close the public hearing and grant a variance for property located at 335 Angle Road to construct a deck attached to the pool and house.
Ayes: All Noes: None Motion Carried
2012-019
Request of Theodore DiRienzo for a variance for property located at 224 Miller Avenue to expand driveway to 20' front yard setback (30’ front yard setback required)
Theodore DiRienzo stated his request to expand his driveway 15’ to the east side of his house. The fence will remain and the concrete driveway will be poured around it.
Chairman Monolopolus noted receipt of a petition signed by residents of 228 Miller Avenue, 185 East Avenue, and 179, 209, 219 & 248 Ehinger Drive stating their approval of Mr. DiRienzo’s plan.
Mr. Hughes questioned if there were any safety issues with this being a corner lot and Code Enforcement Officer John Gullo did not see any problem with this location.
No comments were received from the public.
Motion by Hughes, seconded by Monolopolus, to close the public hearing and grant a variance for property located at 224 Miller Avenue to expand the driveway to a 20’ front yard setback.
Ayes: All Noes: None Motion Carried
WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
1250 Union Road Minutes #2012-05
West Seneca, NY 14224 May 23, 2012
Page four . . .
2012-020
Request of Dale & Karen Roehling for a variance for property located at 163 Kelsey Drive to construct a framed roof over front porch projecting into required 30' front yard setback
Dale & Karen Roehling stated their request to replace an aluminum awning with a wood structure attached to the house. The roof will be approximately 5’ x 7’ and will basically not be any larger than the existing awning.
Mr. Hughes noted receipt of letters of approval from neighbors at 157 & 169 Kelsey Drive.
No comments were received from the public.
Motion by Monolopolus, seconded by Harmon, to close the public hearing and grant a variance for property located at 163 Kelsey Drive to construct a framed roof over the front porch projecting into the 30’ front yard setback.
Ayes: All Noes: None Motion Carried
2012-021
Request of Chris McCaffrey for a variance for property located at 4134 Seneca Street to construct a 22.17 sf wide x 5'8" high ground sign setback 8' (20 sf wide x 5' high with 15' setback allowed)
Chris McCaffrey of Ulrich Sign Company presented a drawing of the proposed sign for the doctor’s offic at 4134 Seneca Street.
Mr. Hughes expressed concern about the setback from a safety standpoint.
Mr. McCaffrey stated the doctor previously had a sign in the same location, but it was in poor condition and blew down. He would like to replace the sign but the code has changed with regard to square footage, height and setback. There will be no problem seeing when exiting the driveway and there is plenty of room to plow snow. The sign will be internally lit and have no LED lighting.
No comments were received from the public.
Motion by Hughes, seconded by Harmon, to close the public hearing and grant a variance for property located at 4134 Seneca Street to construct a 22.17 sf wide x 5’8” high ground sign setback 8’.
Ayes: All Noes: None Motion Carried
WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
1250 Union Road Minutes #2012-05
West Seneca, NY 14224 May 23, 2012
Page five . . .
2012-022
Request of Terrence Supples for a variance for property located at 4 Sibley Drive to construct a 6' high fence in front yard (4' high allowed)
Terrence Supples stated his request to construct a 4’ high transitioning to a 6’ high wood privacy fence, noting that his house is on the corner of Sibley Drive and East & West Road and the 6’ portion will be along East & West Road. There was a chain link fence in the same location that was removed a few weeks ago.
Chairman Monolopolus noted receipt of letters of approval from neighbors at 934 East & West Road and 3 Sibley Drive.
No comments were received from the public.
Motion by Monolopolus, seconded by Hicks, to close the public hearing and grant a variance for property located at 4 Sibley Drive to construct a 6’ high fence in the front yard.
Ayes: All Noes: None Motion Carried
ADJOURNMENT
Motion by Rosenswie, seconded by Hughes, to adjourn the meeting at 7:30 P.M.
Ayes: All Noes: None Motion Carried
Respectfully submitted,
Jacqueline A Felser
Town Clerk/Zoning Board Secretary