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West Seneca Zoning Board of Appeals Meeting Minutes 08/24/2005
The regular meeting of the Zoning Board of Appeals of the Town of West Seneca was called to order by Chairman William H. Bond on May 25, 2005 at 7:00 PM, followed by the Pledge of Allegiance. ROLL CALL: Present -
Daniel P. Dunn Penny K. Price Sandra Giese Rosenswie Dale J. McCabe, Deputy Town Attorney William Czuprynski, Code Enforcement Officer Excused -
OPENING OF PUBLIC HEARING: Motion by Mr. Dunn, seconded by Mrs. Price, to open the Public Hearing.
APPROVAL OF PROOFS OF PUBLICATION: Motion by Mrs. Price, seconded by Mr. Dunn, to approve the proofs of publication and posting of legal notice.
APPROVAL OF MINUTES #2005-07: Motion by Mrs. Price, seconded by Mrs. Rosenswie, to approve Minutes #2005-07 of July 27, 2005.
NEW BUSINESS: 2005-052 Request of Patricia J. Martin for a variance for property located at 8 Mayfield Drive to erect deck in rear yard 26 ft from rear property line.
Patricia J. Martin, 8 Mayfield Drive, stated she currently has a small porch on the front of the house and would like to erect a deck on the back of the residence to accommodate company. Her road backs up to the woods. Mr. Bond asked if the applicant had obtained a letter of permission from the homeowners association. Ms. Martin stated the association is waiting for the variance prior to granting permission. A letter of no objection was submitted from the resident at 4 Mayfield Drive. Mr. Bond noted that the proposed deck planned would be 4 ft short of the required 30 ft rear yard setback, necessitating a variance. No comments were received from the public. Motion by Mr. Dunn, seconded by Mrs. Price, to close the public hearing and grant a variance for property located at 8 Mayfield Drive to erect deck in rear yard 26 ft from rear property line.
2005-053 Request of Michael & Margaret Nigrelli for a variance for property located at 45 Rebecca Way for reserve parking space 0 ft from front property line.Kevin Hourlihan, 20 Curley Drive, Orchard Park, representing the applicants, stated the concrete pad has already been poured and is in place. It is not in compliance with the town code, being 4 ft from the side lot but not 20 ft from the street line. Mr. Bond stated that from his observation of the property, there is a double car garage and this would provide two additional spots. Mr. Hourlihan stated that was correct. Mr. Czuprynski stated the ordinance allows for a reserved parking space in front of a residence, so long as it is to the side of the house and not directly in front. The driveway should have been at an angle over and off to the side, and then to the street. In this case, the driveway came straight out to
the street. He also noted that there are additional driveways on the street similar to the applicants and in violation of the code. Letters of no objection from both adjoining neighbors were submitted. Mr. Dunn asked the nature of applicants’ hardship. Mr. Hourlihan stated the applicants have five children, two of whom are going to be of driving age and the extra parking space was put in place to alleviate congestion and avoid the necessity of parking in the street. No comments were received from the public. Motion by Mrs. Price, seconded by Mr. Bond, to close the public hearing and grant a variance for property located at 45 Rebecca Way for reserve parking space 0 ft from front property line.
2005-054 Request of Ann Connolly for a variance for property located at 99 Bayberry Avenue to erect addition 5 ft from detached garage.Ann Connolly, 99 Bayberry Avenue, stated the proposed addition at the rear of the house is for an additional bathroom and extension of the master bedroom. The current setup is not sufficient to accommodate the needs of her children. There will be a firewall on the garage due to the proximity of the addition to the garage. Letters of no objection from 156 Century and 93 Bayberry were submitted, as well as a sketch of the proposed addition. A portion of both those properties abut part of her back yard. No comments were received from the public. Motion by Mr. Dunn, seconded by Mrs. Rosenswie, to close the public hearing and grant a variance for property located at 99 Bayberry Avenue to erect addition 5 ft from detached garage.
2005-055
Gregg Szymanski, 31 Woodcrest Drive, stated his proposal is for a 24 ft x 16 ft family room on the rear of the house which is 25 ft wide. The addition would be within the required 5 ft from the property line. Mr. Dunn noted that the lots in that area are tight and that the addition will actually be farther away from the property line than what the current house is. Mr. Szymanski stated that was correct. Mr. Bond asked if there was any reason the addition could not be moved over 2 ft. Mr. Szymanski stated it would then not be centered with the house and would actually block part of the basement window. Letters from the adjoining neighbors were submitted, stating no objection. No comments were received from the public. Motion by Mr. Bond, seconded by Mrs. Price, to close the public hearing and grant a variance for property located at 31 Woodcrest Drive to erect addition to rear of house 3 ft from side yard, noting that a hardship exists for the applicant in the position of the current house. .
2005-056 Request of Vincent J. Intorre for a variance for property located at 239 Chamberlin Drive to erect front mud room 16.12 ft from front property line.Vincent J. Intorre, 230 Chamberlin Drive, stated the proposal is for a new entrance on the front of the house to protect the doorway from the elements in the winter and also provide added closet space. The entry will be closer to the driveway and will take the place of the existing deteriorated front entrance. He is the purchaser of the property and the closing is scheduled for Monday of next week. Mr. Bond noted that a variance can only be granted to the owner of the property and applicant will not be the official owner until Monday.
Mr. McCabe stated an application for a variance can be signed by a prospective tenant or other, which would apply to the applicant. The application can be amended to reflect the applicant as contract vendee in the area provided for “other”. Mr. Bond noted that his observation of the area showed other houses in the immediate area to have decks, all of which seem to be within the 10 ft setback and this proposal would be an improvement to the house. Letters of no objection were submitted from the adjoining neighbors. No comments were received from the public. Motion by Mrs. Rosenswie, seconded by Mrs. Price, to close the public hearing and grant a variance for property located at 239 Chamberlin Drive to erect front mud room 16.12 ft from front property line, with the amendment to the application reflecting that the applicant is contract vendee.
2005-057 Request of Scott & Patricia Fischer for a variance for property located at 5536 Berg Road to retain fence and shed in existing location on property.Patricia Fischer, 5536 Berg Road, stated they purchased the property on June 17th of this year. They purchased the property from family members and did not move in until two weeks later. Mr. Czuprynski noted that this is a pre-existing fence in the exterior side yard. The rule is the same as for the front yard. Currently, the house is approximately 20 ft from the side and the fence is about 2 ft inside the property line. The shed should be a distance of 30 ft and is only 9.3 ft. Mr. McCabe stated that the survey is dated April, 2005 and shows that the fence and shed were in existence. Mr. Fischer stated the fence was erected 20 plus years ago and the shed was erected 10 or 11 years ago.
Mr. McCabe stated it appears that the fence and shed were in existence at the time applicants purchased the property and they were unaware of the violations. Mr. Fischer stated that was correct. Letters of no objection were submitted from residents at 5526 Berg Road, 5500 Berg Road and 5550 Berg Road. Mrs. Fischer noted that it was her understanding that one of their neighbors made a complaint on the fence and they did not approach that neighbor for a letter. She also noted that the house was purchased from a family member who owned the house for approximately 10 years and the fence was pre-existing at the time of that purchase. Mr. Dunn noted that the fence and shed have been in that location for an extended period of time prior to the complaint received on the fence, and the fence did not appear to be blocking the intersection. Mr. McCabe noted that if the applicants erected the fence, then it would constitute a self-created hardship. This is not the case here, where this was not a self-created hardship, but a condition that has pre-existed the applicants’ ownership of the property and the former owners as well, during which time the complaining neighbor voiced no objection. A variance is still necessary and it was his opinion that the applicants meet the hardship criteria. No comments were received from the public. Motion by Mr. Dunn, seconded by Mrs. Rosenswie, to close the public hearing and grant a variance for property located at 5536 Berg Road to retain fence and shed in existing location on property, with the stipulation that the variance ends in the event the existing fence is ever removed or replaced.
ADJOURNMENT: Motion by Mr. Dunn, seconded by Mrs. Price, to close the public hearing and adjourn the meeting (8:15 p.m.).
Respectfully submitted, Patricia C. DePasquale, RMC/CMC |
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