Zoning Board Minutes

1250 Union Road                                                   Minutes #2012-10

 

The regular meeting of the Zoning Board of Appeals of the Town of West Seneca was called to order by Acting Chairman Michael Hughes at 7:00 P.M. followed by the Pledge of Allegiance and 30 seconds of silent prayer.

 

 

 

Acting Chairman Hughes read the Fire Prevention Code instructing the public where to exit in case of a fire or an emergency.

Mrs. Hicks nominated Michael P Hughes as Acting Chairman in the absence of Chairman Monolopolus. No other nominations were received.

 

Motion by Harmon, seconded by Hicks, to open the public hearing. 

 

 

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

 

          Motion by Harmon, seconded by Hicks, to approve Minutes #2012-09 of September 26, 2012.

 

 

 

Request of Kenneth P. Inwood for review of a variance for property located at 270 Center Road to allow live music

1250 Union Road                                                   Minutes #2012-10

West Seneca, NY   14224                                       October 24, 2012

 

2010-063 (continued)

 

 

 

 

 

 

 

          Ayes: All                                 Noes: None                             Motion Carried

 

 

Request of Lynda Otto for review of a variance for property located at 183 Westcliff Drive to allow for raising chickens

 

Joseph Otto represented his wife and stated their request for renewal of the variance to raise chickens, noting they have five chickens and no roosters.

 

Town Attorney Shawn Martin and Code Enforcement Officer John Gullo stated they received no complaints on this matter and the Otto’s have complied with the stipulations of the variance.

 

No comments were received from the public.

 

 

1250 Union Road                                                   Minutes #2012-10

West Seneca, NY   14224                                       October 24, 2012

 

 

Motion by Rosenswie, seconded by Harmon, to close the public hearing and grant an extension to the variance for property located at 183 Westcliff Drive to allow for raising five chickens, no roosters, for a one year period.

 

On the question, Mrs. Hicks questioned if they should limit the variance to one year or make it open because of the Otto’s good record.

 

Mr. Hughes questioned if a local law concerning raising poultry had been proposed by the Town Board.

 

Mr. Martin responded that a local law was drafted but had not yet been introduced by any board member. If a local law is passed within the year, a variance will not be necessary.

 

Ayes: All                                 Noes: None                             Motion Carried

 

Request of Christine Sanfilippo for review of a variance for property located at 17 Wenro Place for a 6 ft. fence in front yard

 

Christine Sanfilippo stated her request to continue the variance for a 6 ft. fence on her property.

 

Code Enforcement Officer John Gullo stated that Ms. Sanfilippo’s lot is 35’ wide and it was determined that the fence is on the neighbor’s property.

 

Town Attorney Shawn Martin advised that the Zoning Board can grant the variance but cannot authorize Ms. Sanfilippo to put a fence on the neighbor’s property.

 

Ms. Sanfilippo stated she is in the process of purchasing land from her neighbor, but that is not settled. The neighbor does not care about the fence and was happy because it keeps people from trespassing. 

 

Mr. Martin stated Ms. Sanfilippo will either have to purchase some of her neighbor’s property or obtain an easement to construct the fence. The Zoning Board could grant a variance with the stipulation that the fence be placed on Ms. Sanfilippo’s property and no permit will be issued until proof of proper ownership or easement is obtained.

 

 

1250 Union Road                                                   Minutes #2012-10

West Seneca, NY   14224                                       October 24, 2012

 

 

2011-057 (continued)

 

Ms. Sanfilippo stated her neighbor will be getting back to her with the amount of feet he is willing to sell. She asked that her request be put it on hold until the purchase is final so she does not have to take the fence down.

 

Mr. Harmon questioned if Ms. Sanfilippo will buy the property even if the variance is not approved and further questioned why the fence is in the front yard.

 

Ms. Sanfilippo responded that she will buy the property regardless of whether the variance is approved. She would like to keep the fence in the front yard for privacy so her neighbors cannot see in her yard.

 

Mr. Hughes noted receipt of letters of support from neighbors at 17, 33, 34 and 39 Wenro and 202 Indian Church Road.

 

Motion by Rosenswie, seconded by Hicks, to table this item pending notification from the applicant that the transfer of property has taken place.

 

Ayes: All                                 Noes: None                             Motion Carried

 

 

Request of Dennis Sullivan for review of a variance for property located at 1481 Orchard Park Road for raising chickens

 

 

 

 

Ayes: All                                 Noes: None                             Motion Carried

1250 Union Road                                                   Minutes #2012-10

West Seneca, NY   14224                                       October 24, 2012

 

 

 

Request of Craig Jasin for a variance for property located at 77 Campus Drive to construct a 6' fence extending 40' into front yard (4' fence and 10' projection allowed)

 

 

 

Mr. Jasin responded that the existing chain link fence will remain. He presented a picture of the new fence which will be white vinyl with a gate on the side facing the house.

 

 

 

 

 

Request of Frank Cipressi of Brothers F & G Construction for property owner Todd Schmigel for a variance for property located at 53 Gerard Drive to construct a garage 5'8" from house (10' separation required)

 

Frank Cipressi of Brothers F & G Construction stated Mr. Schmigel’s request to build a garage 5’8” away from the flat aluminum awning that is attached to his house, noting that the awning covers a concrete patio.

 

Code Enforcement Officer John Gullo stated that the separation requirement is a safety issue but there is no problem accessing the back yard. 

 

Mr. Hughes questioned if Mr. Cipressi had any letters of support from the neighbors.

 

Mr. Cipressi responded that the project will have no effect on the neighbors.

1250 Union Road                                                   Minutes #2012-10

West Seneca, NY   14224                                       October 24, 2012

 

 

2011-054 (continued)

 

Motion by Harmon, seconded by Rosenswie, to close the public hearing and grant a variance for property located at 53 Gerard Drive to construct a garage 5’8” from the house.

 

Ayes: All                                 Noes: None                             Motion Carried

 

 

Request of Gerard T Jakubczak for a variance for property located at 865 Center Road to reduce required parking to 20 spaces (66 spaces required)

 

Gerard Jakubczak, owner of Kone King, stated his request to reduce the required parking to 20 spaces. He had received a letter from Erie County and had satisfied their requirements.

 

Mr Harmon questioned if 20 parking spaces will be adequate during their peak season.

 

Mr. Jakubczak responded that based on his other location, 35 percent of the volume becomes drive-thru. There has never been a problem with parking even in busy times. There is a constant flow of traffic and the drive-thru customers will make their purchase and leave.

 

Mr. Harmon referred to parking spaces 1 – 5 on the plan and questioned how the customers will park there.

 

Mr. Jakubczak responded that the cars will enter from Warren Avenue and parallel park on that side of the parking area.

 

Mrs. Hicks questioned if there will be stacking on Warren Avenue and how that will effect the people that live behind the store.

 

Mr. Jakubczak responded that he owns the first house on Warren Avenue and had not approached the other neighbors on that street.

 

Motion by Rosenswie, seconded by Hughes to close the public hearing and grant a variance for property located at 865 Center Road to reduce parking to 20 spaces.

 

On the question, Mr. Harmon expressed some concern about vehicles standing on Warren Avenue during busy times and referred to the current situation with Tim Hortons on Union Road.

1250 Union Road                                                   Minutes #2012-10

West Seneca, NY   14224                                       October 24, 2012

 

 

Mr. Jakubczak responded that the average wait time is less than 1 or 2 minutes per customer, so the opportunity for cars to stand on the street is minimal.

 

Mr. Hughes noted that the Department of Public Works had reviewed the project and was in agreement with parking and site driveway utilization based on the installation of a drive-thru window.

 

Mrs. Rosenswie questioned when the drive-thru will be installed.

 

Mr. Jakubczak responded that he intends to have the work done in the spring of 2013.

 

          Ayes: All                                 Noes: None                             Motion Carried

 

Motion by Chairman Rosenswie, seconded by Hicks, to adjourn the meeting at 7:35 P.M.

 

Ayes: All                                 Noes: None                             Motion Carried

 

Respectfully submitted,

 

 

 

Jacqueline A Felser

Town Clerk/Zoning Board Secretary