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West Seneca Zoning Board of Appeals Meeting Minutes 06/25/2008
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 June 25, 2008 at 7:00 PM, followed by the Pledge of Allegiance. ROLL CALL: Present -
Penny K. Price Sandra Giese Rosenswie Michael Hughes Michael Harmon Paul Notaro, Deputy Town Attorney William Czuprynski, Code Enforcement Officer Excused - None OPENING OF PUBLIC HEARING Motion by Mr. Hughes, seconded by Mrs. Rosenswie, to open the Public Hearing.
APPROVAL OF PROOFS OF PUBLICATION Motion by Mr. Harmon, seconded by Mrs. Price, to approve the proofs of publication and posting of legal notice.
APPROVAL OF MINUTES Motion by Mr. Hughes, seconded by Mr. Harmon, to approve Minutes #2008-04, April 23, 2008.
NEW BUSINESS: 2008-041 Jack Peterson, 277 Carriage Park, stated he owns four antique classic cars and would like to extend his garage for storage of the vehicles. Mr. Peterson also requested that his application for a variance be amended to allow him to come forward with the garage another 8 ft. He is currently 12 ft back from the house which doesn’t allow enough distance for the needed length of the garage and to allow the door to open properly without changing the entire front of the building. Mr. Bond noted the survey does not show the distance between the garage and the house. Mr. Peterson responded that the distance is 12 ft. Mr. Notaro stated the petition can be amended to reflect that request. Mr. Bond noted that the letter of no objection signed by the neighbors on both sides clearly stated the intention of applicant to extend the garage 1 foot from the rear property line, facing the park and starting the garage 4 ft from his home. Mr. Hughes asked for a clarification on the expansion. Mr. Peterson stated 8 ft in front and roughly 12 ft in the back. Mr. Bond noted there was no one living behind the applicant. Mrs. Price asked if this was for storage alone. Mr. Peterson stated the garage would be used for storage of his vehicles only; he will not be doing any work there.
2008-041 (Continued) Mr. Hughes asked the applicant if he was aware of the reasoning for the 10 ft rule, in order to allow enough room for emergency access.Mr. Peterson stated he was. Mr. Bond questioned what the applicant intended to do with the existing shed. Mr. Peterson stated the shed would be moved. No comments were heard from the public. Motion by Mrs. Rosenswie, seconded by Mrs. Price, to close the public hearing and amend the application to read: “extend detached garage 4 ft from the house and 1 ft from the rear property line”, and further grant a variance for property located at 277 Carriage Park to extend detached garage 4 ft from the house and 1 ft from the rear property line.
2008-042 Jeff Cole, property owner of 678 Center Road, stated this is a two-unit building. Both the upstairs and downstairs tenants have two cars. There is an existing pad now which accommodates two cars, making parking difficult in the winter. When the property was purchased two years ago there was a gravel front which was cleaned up and new gravel put down. Mr. Cole stated he lives next door at 690 Center Road.
2008-042 (Continued) Mr. Bond noted the survey shows a concrete pad next to the house. Mr. Cole stated that is a patio. The garage is a one and a half car garage. Mr. Bond asked how the applicant has handled the parking in the past. Mr. Cole stated the tenants park in the front, as they have done previous to his purchasing the property. Previously, it was not noticeable because there was a large pine tree in the front which came down in the October storm. He intends to plant some shrubbery around the pad for aesthetic purposes. Mr. Harmon noted the next door neighbor does the same thing. Mr. Cole stated it was the same setup. Mr. Bond asked how many parking spaces were planned. Mr. Cole stated there are two parking spaces planned. The original drawing shows 14 ft x 16 ft, but he is reducing them to 12 ft x 16 ft. Avenue B is a gravel road and not plowed by the town. He maintains it. Mr. Bond asked if there was a problem with parking on Avenue B. Mr. Cole responded that there was not a problem in the summer, but there was in the wintertime. Mr. Bond asked if these two houses were the only ones on the street, with four cars at 690 Center and presumably no more than 4 cars at 678 Center, why two cars could not be parked in the garage and two on Avenue B.
2008-042 (Continued) Mr. Cole stated the length of Avenue B prevents four cars from being parked on the street and its width prevents cars from parking on both sides. A letter of no objection to applicant placing a parking pad in front of 690 Center Road was submitted from the resident at 670 Center Road. No comments were received from the public. Motion by Mr. Hughes, seconded by Mrs. Rosenswie, to close the public hearing and grant a variance for property located at 678 Center Road to install parking pad in front yard set back.
2008-043 Russell DiFrancesco, 718 Center Road, stated he is requesting a variance to put a patio roof over the deck on the side of his house to provide shade for relief from intense sun due to recent tree removal. Mr. Bond noted the concrete already extends into Washington Street approximately 1 ½ ft, but this situation existed prior to the 30 ft setback requirement. The applicant’s plan will not extend the intrusion any farther. Mr. Czuprynski noted the survey reflects an existing covered concrete patio.
2008-043 (Continued) Mr. DiFrancesco stated that is on the side of the garage and used for storage. It faces the house and has no real use. A letter signed by 7 neighbors in the immediate area was submitted, stating there was no objection to the applicant erecting a roof over the existing side deck. No comments were received from the public. Motion by Mr. Bond, seconded by Mrs. Rosenswie, to close the public hearing and grant a variance for property located at 718 Center Road to erect patio roof 0 ft from exterior side yard property line.
2008-044 Daniel Czora, 255 Boncroft, stated he has lived at this address since 1984 and was advised by the Town two years ago that he could no longer park cars in the front yard but could install a pad as long as he stayed 3 ft from the side yard. The area was dug up and ready for the concrete when he was again advised he was in violation, that he needed to be 30 ft off the property line. Mr. Bond noted this was a single family house and asked if there was a two car garage. Mr. Czora stated it was a one and a half garage. He has a vehicle, his fiancée has a vehicle and he has two, for a total of four cars. He initially misunderstood the direction of the Building Department and thought he could build the pad in front of his house.
2008-044 (Continued) A letter with signatures of 9 neighbors was submitted, stating no objection to the concrete pad for parking of additional vehicles in his front yard. No comments were received from the public. Motion by Mr. Bond, seconded by Mr. Hughes, to close the public hearing and deny the request for a variance for property located at 255 Boncroft Drive to install concrete pad alongside driveway in front yard. On the question, Mr. Bond stated he has consistently voted against concrete pads in front of houses. They are unattractive and he sees no practical difficulty with the moving of vehicles, which is a common practice in the City of Buffalo. The applicant has a long driveway with a garage which can be extended. On the question, Mr. Hughes agreed, noting he saw no hardship on the part of applicant.
Motion by Mrs. Rosenswie, seconded by Mrs. Price, to close the public hearing and grant a variance for property located at 255 Boncroft Drive to install concrete pad alongside driveway in front yard.
2008-045
2008-045 (Continued) Brian Connors, appearing on behalf of applicant, 1589 Orchard Park Road, stating his mother is requesting a 6 ft fence along the side of the house for purposes of privacy. Part of the fence is erected and photographs of the proposed fence were reviewed with the Zoning Board members. Mr. Bond asked the distance the fence would extend in front of the house. Mr. Connors replied that it would extend 10 ft in front of the house. Mr. Bond noted a 4 ft fence would be allowed on the side of the house and then extend 10 ft out. It’s not for the distance; rather the height. Mr. Bond noted that all residents in town are limited to a 4 ft fence in the side yard for privacy and asked applicant to identify the uniqueness of the request for a 10 ft fence. Mr. Connors responded that the 10 ft fence would provide added privacy and aesthetic value to the house. Mr. Hughes noted there needed to be a hardship shown, such as a potential decline in the value of the property. No comments wee received from the public. Mrs. Price suggested the applicant begin with a 4 ft fence from the rear of the fence and then graduate the fence to 6 ft where allowed. Otherwise, the property would have the appearance of a fort. Motion by Mr. Hughes, seconded by Mrs. Price, to close the public hearing and deny the request for a variance for property located at 1551 Orchard Park Road to erect 6 ft fence in side yard.
2008-045 (Continued) On the question, Mr. Hughes noted that applicant has failed to present a hardship and there is an opportunity to do a graduation from 4 ft to 6 ft. On the question, Mr. Bond agreed, noting he saw no practical difficulty in complying with the code.
2008-046 Michael & Bonnie Donohue, 139 Suburban Court, appeared on the request. Mr. Donohue stated there is an existing deck in the yard. There was a pre-existing chain link fence with fourteen pine trees. The fence was destroyed by the October storm and the pine trees began diseased and had to be removed. Mr. Bond noted this is a corner lot and the side yard is actually the back yard. In this case, the applicant’s plan will not block any view. Letters of no objection from residents at 135 Suburban, 120 Suburban, 114 Suburban and 160 Laurelton were submitted. He noted that the letters clearly outlined the applicant’s proposal and also contained a plan of the work to be done. No comments were received from the public. Motion by Mrs. Rosenswie, seconded by Mr. Bond, to close the public hearing and grant a variance for property located at 139 Suburban Ct to install 6 ft privacy fence in side yard.
2008-047
2008-047 (Continued) Ralph Lorigo, Esq., attorney for applicant and property owner of 40000 Seneca Street, appeared on the request with James Incorvala. Mr. Lorigo stated that the applicant recently opened his business, Jim’s Steakout. This is his ninth location and applicant has done work both on the inside and outside of the business. There is no music and alcohol is not sold at this location. The 20 ft x 26 ft patio will be used for dining purposes only. Mr. Lorigo spoke to Dale McCabe from Southgate Plaza, Carl Paladino, developer of the Rite Aide store, and Richard Franco from Benderson, owner of the adjacent pet store, and there were no objections to the applicant’s proposal. Mr. Bond referred to the 1995 survey submitted and questioned if there was an objection to the concrete remaining as it currently exists. Mr. Lorigo stated the concrete exists. The Code Enforcement Officer made the request for the elevation so that it would be handicapped accessible. It will limited to the concrete patio currently existing. Mr. Incorvala stated there are five metal tables, secured to the concrete and will not blow into the street at all. Mr. Hughes questioned the hours of operation. Mr. Incorvala stated they are open until 5:00 pm on the weekend and until 2:00 am on weekdays. No comments were received from the public. Motion by Mrs. Price, seconded by Mr. Hughes, to close the public hearing and grant a variance for property located at 4000 Seneca Street to install dining patio and false sidewalk elevation.
2008-048 Victor DeMatteo, project manager, 6935 Nash Road, North Tonawanda, and Dr. Mazin Dhafir, 4085 Seneca Street, appeared on the request for a variance. Mr. Hughes questioned the length of time for the practice. Dr. Dhafir stated he was at that location for 12 years and in West Seneca 23 years. He stated that the law has changed, requiring him to maintain his records for 10 years and he requires added space. There are currently three offices and room for examing rooms, but not enough space for storage of records. Mr. DeMatteo noted there was a garage at one time, 4 ft off the property line. The addition will impact only one employee parking space. Mrs. Price stated the addition planned appears to be a two story addition to the rear of the building for storage. Mr. DeMatteo stated that was correct. There will be no restrooms or offices, only storage rooms. The manager of Key Bank and the Wilson Farms were both contacted and given the same information presented this evening to the Zoning Board members. There were no objections to the applicant’s proposal. He also attempted to contact the neighbor to the rear who is elderly, but was unable to make contact. No comments were heard from the public. Motion by Mr. Bond, seconded by Mrs. Rosenswie, to close the public hearing and grant a variance for property located at 4085 Seneca Street to erect addition 15 ft from rear lot line.
ADJOURNMENT: Motion by Mrs. Price, seconded by Mr. Harmon, to close the public hearing and adjourn the meeting (8:00 pm).
Respectfully submitted, Patricia C. DePasquale, RMC/CMC Secretary For additional information, suggestions, or problems, please contact our Webmaster.
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