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West Seneca Zoning Board of Appeals Meeting Minutes 07/22/2009
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 July 22, 2009 at 7:00 PM, followed by the Pledge of Allegiance. ROLL CALL: Present -
Sandra Giese Rosenswie Michael Hughes Michael Harmon David Monolopolus Shawn Martin, Town Attorney William Czuprynski, Code Enforcement Officer Excused - None OPENING OF PUBLIC HEARING Motion by Mr. Hughes, seconded by Mr. Harmon, to open the Public Hearing.
APPROVAL OF PROOFS OF PUBLICATION Motion by Mr. Harmon, seconded by Mr. Hughes, to approve the proofs of publication and posting of legal notice.
APPROVAL OF MINUTES Motion by Mrs. Rosenswie, seconded by Mr. Harmon, to approve Minutes #2009-06, June 24, 2009.
TABLED ITEMS: 2009-023 Motion by Mr. Hughes, seconded by Mrs. Rosenswie, to remove this item from the table.
2009-023 (Continued) Mr. Bond noted this item was tabled from last meeting. The application states a variance is being requested to erect a detached building to a height of 13.5 ft. The Board was informed at the last meeting that the height being requested is twice that height, or 26 ft with a peak of 30 ft. Mr. Rutski stated the height is approximately 29 ½ ft to the peak. Mr. Bond noted that the Building Department determines the height as the average between the overhang and the peak, which would be approximately 25 ft and the ordinance allows 12 ft. Mr. Bond requested if applicant brought detailed letters from the neighbors. Mr. Rutski submitted letters of no objection signed by neighbors at 3686 Seneca Street and 3676 Seneca Street with detailed information on the proposed 4-car garage with a height of 29 ½ feet, and containing a hobby workshop and storage floor. Mr. Hughes asked for a confirmation from applicant that the woodworking shop will not be used for a business. Mr. Rutski stated that was correct. Nothing of a commercial nature will be conducted in the workshop. Mr. Bond referred to the letters from Mr. Isaac and his wife and Loretta Cooper and questioned whether they reside at those property addresses. Mr. Rutski stated the Issacs own a business there and sublease part of the space to other tenants. Mrs. Cooper lives in the front house. There is a 2 ½ car garage with an apartment above which is rented out to a tenant. He referred to the photos of the property which show no neighbors directly behind him. The residents of Main Street opposite him have the same property lot size, about 300 ft or more deep, surrounded by trees. Mr. Harmon questioned why the applicant needs 20 ft before the eave on the sidewall. Mr. Rutski responded that he will have 10 ft ceiling on the first floor and a 9 ft ceiling on the second floor with a 12 inch header. Mr. Harmon asked what was above the second floor.
2009-023 (Continued) Mr. Rutski stated that was empty. Mr. Monolopolus asked why the applicant needed a building so high. Mr. Rutski stated it was easier to hang projects from joist or rafters, plus for an ample amount of space. Mr. Bond questioned why the applicant could not just add on to the building for the woodworking shop. Mr. Rutski stated the equipment will be situated behind the single car garage and behind the 2-garage will be the Florida room for entertainment. Where the 8 ft garage door is, he proposes a larger door just in case he has a larger truck. That will go all the way to the back of the garage and J hook to the right where the carpenter shop is proposed. He also has a riding lawn mower, snow blower and gardening tools which will be stored in the storage area. Mr. Bond noted the proposed building will have 1600 ft on each floor. Mr. Rutski stated everything currently in the shed will be going into the garage storage area. He will also provide a single car garage off to the right for the tenant and a four-car garage, which will provide additional income from garage space. Karen Lucachick, 61 Greenmeadow, stated she was concerned with the applicant’s intention for the woodworking space. Mr. Bond stated the applicant has informed them it was for the purpose of a hobby with no commercial use. Ms. Lucachick noted her family did hobbies in the basement and was concerned that the applicant may be intending to sell items. Mr. Rutski noted that at the last meeting he was informed by the Board to provide letters of consent with specifics on what his intentions were, and the Board would be satisfied with the request. Mr. Bond disagreed and stated the applicant was requested to provide letters from the neighbors indicating they were aware of the intended
2009-023 (Continued)
height, not the 13 ½ ft as noted on the previous letters. The consent letters are a strong factor in making a determination but do not guarantee an approval. Motion by Mr. Bond, seconded by Mr. Harmon, to close the public hearing and deny the request for a variance for property located at 3680 Seneca Street to erect a detached garage in excess of the allowable height. On the question, Mr. Bond stated the applicant is attempting to accomplish a benefit that can be achieved by another method other than a second story on the proposed building; this is a substantial variance, from the allowable height of 12 ½ to 25 ft which represents a 100% increase; he could also envision a building of this size having an adverse affect on the neighboring properties, being in the middle of a residential district.
NEW BUSINESS: 2009-046 Applicant not present. Item set aside until end of meeting. 2009-047 David Lee, Planet Fitness Irondequoit, LLC, stated he has 16 Planet Fitnesses in the Buffalo to Albany area. He recently purchased an area development agreement to develop the Buffalo-Rochester area in the next two years. He plans on putting in 10 fitness centers and this will be the first one in Buffalo. The maximum parking situation in most municipalities is 6 spots per 1000 sq ft and this appears to be the strictest variance as far as parking. The application also appears to be incorrect in the way it was written, 1 spot for every 50 sq ft of workout assembly which does not take into account anything other than locker room, tanning center, storage room, lobby area. The way the code is written,
2009-047 (Continued) 288 spots would be required which is excessive in terms of what they need. The proposed fitness center would be an asset to the community, charging $10 per month. They are open 24 hours a day with a lot of first time fitness people joining the club. At no time would they require the parking as required under the town’s code. Mr. Lee presented a package of information on other Planet Fitness facilities. A mature club, 3 years old, with 250000 sq ft club, has 10000 members. 80% of their membership do not use the club on a regular basis. Currently, there are only two other businesses in the entire plaza. 225 spots is more than in 95% of the other 16 clubs and he was confident there was more than enough parking on site. No comments were received from the public. Motion by Mr. Monolopolus to close the public hearing and grant a variance for property located at 3525 Seneca Street to reduce required parking from 460 to 225 spaces.
2009-048 John Hasse, PO Box 661, West Seneca, stated he is the general contractor. The applicant creates and distributes firewood. There is no second floor on the building and applicant needs the height in order to store the equipment in the building and needs a higher door opening. He was also concerned about snow weight with the much lower sloped roof as originally designed. As general contractor, he had no letters from the neighbors. Mr. Bond stated he had no objection since this did not represent a substantial change and putting the equipment inside would benefit the adjoining property owners. No comments were received from the public. Motion by Bond, seconded by Mr. Hughes, to close the public hearing and grant a variance for property located at 1535 Orchard Park Road to build detached garage 2.5' higher than allowed.
2009-048 (Continued) On the question, Mr. Bond noted this is in a commercial district and the request is not substantial. It will also benefit the neighborhood by placing the equipment inside.
2009-049 Motion by Mr. Bond, seconded by Mr. Hughes, to table this item until the August meeting.
2009-050 Steve Lomison and Jean Lomison, 222 Langner Road, appeared on the request. Mr. Czuprynski noted that this is zoned manufacturing. Mr. Bond noted that other than the switching station, everything else in the area is residential. No comments were heard from the public. Motion by Mrs. Rosenswie, seconded by Mr. Monolopolus, to close the public hearing and grant a variance for property located at 222 Langner Road to replace existing metal carport with wood carport and add on to within 5' of side yard.
2009-051
2009-051 (Continued)
Bob Blazejewski, 25 Boynton Avenue, stated the property at 677 Chestnut Street was purchased approximately four years ago. It is currently unoccupied and he plans on moving in as soon as possible. He has a diesel tractor there with a bucket that extends to 10 ft. He also has several collectible automobiles that he would like to store inside. Mr. Bond noted that collectible cars do not require a 12 ft high garage. Mr. Blazejewski stated the height is needed for the tractor because the bucket extends that high. Mr. Hughes asked if the tractor was being used for his personal use or otherwise. Mr. Blazejewski stated he uses the tractor for his personal use and also on property owned in Allegany County. He cannot store the tractor on the country property because the property is unoccupied. Mr. Monolopolus questioned how many cars were currently in the collection of applicant. Mr. Blazejewski responded that he had seven cars. Mr. Bond asked the height of the walls. Mr. Blazejewski stated 12 feet. Mark Ferraccio, contractor for applicant, stated the height is 22 feet to the peak. Mr. Bond referred to the drawing submitted by the applicant and noted the distance to the peak is 22 feet and the height of the wall is 12 feet, making it 5 feet over the ordinance. He also noted the applicant’s description of the proposed project on the letter of consent failed to indicate anything about the height being requested, although it did appear on the attached drawing. Mr. Bond inquired if the tractor could be stored any other place. Mr. Blazejewski responded that the tractor has been sitting outside for a couple years and the weather is beating on it. He does not have the ability to have the tractor towed to another location for storage.
2009-051 (Continued) Mr. Hughes questioned how the applicant gets the tractor to the property in the other county. Mr. Blacejewski stated he has to rely on a friend or relative to tow it. The property where it is used is farm land and unoccupied. He has had past problems with items being stolen from the property. Mr. Bond suggested the applicant build a small building on the property to store it. Mr. Ferraccio stated they tried but were refused a permit for an accessory use permit for that purpose. Ted Zielinski and Sandra Zielinski, 155 Pearl Street, appeared in opposition. Mr. Zielinski stated his property is next door to the applicant. They and their neighbors did not receive any communication from the applicant about tonight’s meeting and the request for a variance. The applicant has owned the property for four years and has made no attempts to improve the house which is falling down. The proposed garage will be an eyesore and will make the property appear commercial. The proposed size of the garage is too large and will be visible immediately coming up Pearl. He felt it would diminish the value of his property. The applicant has removed trees from the property and the wood is lying at the back of house rotting. Everyone else in the neighborhood takes care of their property while the applicant does nothing. There was a load of stone placed on Chestnut Street which is a paper street and the stone has not been moved since the applicant placed it there. The house has no water or sewer service to the house. Mr. Ferraccio stated the applicant does have plans to gut the house, side the house and demolish the existing garage. There is wood across the back of the property which he plans on cleaning up. Mr. Blazejewski is able to erect a 30 x 60 garage without a variance, but not as high as the applicant would like. The applicant needs the tractor to do work on the property, such as cutting the lawn and plowing the land. He felt the applicant should be given the benefit of the doubt as he has a hardship and does plan on moving into the house. Motion by Mr. Harmon, seconded by Mr. Hughes, to close the public hearing and deny the request for a variance for property located at 677 Chestnut Street to erect 15' high detached garage.
2009-051 (Continued) On the question, Mr. Harmon stated the requested variance is a self created hardship and will create an undesirable change in the neighborhood. Mr. Bond also noted the size of the area variance being requested is substantial, being 40% – 50%, and will likely have an adverse effect on the neighborhood. He also noted that the benefit sought by applicant can be achieved by another method other than an area variance.
2009-052
Peter Athans, 45 Duchess Drive, stated he would like to bring the fence to within 5 ft from the corner of the house, 24 feet. There is no obstruction as far as making the turn from Princess Lane. Letters of consent were signed by residents of 15 Princess Lane and 37 Duchess Drive. The diagram was reviewed with the Board members. Mr. Bond conferred with Mr. Czuprynski on the required distance and questioned applicant why he was starting 5 feet from the back of the house. Mr. Athans stated that was where his kitchen window ends with a little room to spare. Right now there is no fence and this would allow him to let the dog out. Mr. Monolopolus was concerned that the neighbor on Princess may have trouble seeing when backing out of his driveway. Mr. Athans understood and stated he spoke with that neighbor who had no objection. Mr. Bond noted that the applicant has 15 to 18 feet between the paved portion of the street and the end of the fence and proposes to go 23 feet out from the house and 5 feet from the front of the house. No comments were received from the public.
Motion by Mrs. Rosenswie, seconded by Mr. Monolopolus, to close the public hearing and grant a variance for property located at 45 Duchess Drive to extend fence in exterior side yard 23 feet from the house and 5 feet from the front of the house.
2009-053
Dean Tybor, L.D. Construction, 9203 Morse Road, East Concord, stated the homeowner proposes to erect an addition on the back of the property and reduce the required 10 ft separation to 8 feet. There is a driveway on the left hand side and on the right side there is a low area that would have to be backfilled. Letters of consent from residents at 175 and 215 Leydecker Road, adjacent property owners on the left and right, were submitted. The addition has been started and is framed in. He signed a letter with the Building Department that if the variance was denied he would cut 2 feet off the garage or tear down the existing garage. No comments were received from the public. Motion by Mr. Harmon, seconded by Mr. Monolopolus, to close the public hearing and grant a variance for property located at 201 Leydecker Road to erect addition 8' from existing garage.
2009-054 Joseph Christ, Christ Construction, 500 Ellicott Road, Cheektowaga, stated the homeowner would like to replace the existing aluminum awnings on the front of the house with a small 4 ft gable roof over the entrance. Mrs. Rosenswie questioned whether the awnings would extend out farther than what is there now.
2009-054 (Continued)
Mr. Christ stated if they did, it would not be much. The plan was reviewed with the Board members. 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 88 Briarhill Drive to construct a small permanent gable roof over front landing.
2009-055 Daryl Lang, Oneida Fence, stated he is the builder of the fence. The fence is currently 80% done, except for the area where the variance is being applied for. There is a total of 220 feet of fence being erected with 32 feet 8 feet high; the 8 ft high section will transition down to 7 ft and then the 7 ft section will transition to 6 ft to match the existing fence. Mr. Bond noted the ordinance allows a 6 ft high fence and clarified that one section will be 7 feet and one section will be 8 feet, with a total of 48 feet. Mr. Harmon clarified that the applicant is proposing 4-8 foot sections and a 7 foot section. Mr. Lang stated the applicant, Don Wright, is a paraplegic. The VA is building a deck for him off the back of his house. Currently, if Mr. Wright were to come out on to the deck in his wheelchair, he would be able to look over the fence at the neighbor. A signature of consent from that neighbor at 25 Cove Creek was submitted. The deck being built is 18 inches off grade and there is a swale on the side lot. From the back door to Mr. Wright’s property line there is an approximate 2 – 2 ½ ft difference. From the corner of the house there is 15 ½ feet which will be 2 – 8 ft sections next to the neighbor’s house and then 7 to 6 feet. The fence is PVC privacy fence. Mr. Harmon questioned if the applicant could live with less than 4 sections.
2009-55 (Continued)
Mr. Lang stated aesthetically, no, and reviewed the diagram and proposed sections with the Board members. The neighbor has a sizable patio with an awning. No comments were received from the public. Motion by Mr. Monolopolus, seconded by Mr. Harmon, to close the public hearing and grant a variance for property located at 31 Cove Creek Run to erect 8' fence in rear yard.
2009-056 Louise Ziccardi, Ryan’s Greyside Grille & Flappy’s Pub, stated they are requesting a temporary sign from the date of any granted variance until the second week of October, approximately 10 weeks. The sign is 96 inches x 36 inches in size and will be used to advertise a vehicle raffle on behalf of Immaculate Conception and St. Vincent’s Schools. Smaller signs will be placed on the side of the vehicle. Letters of consent were submitted from residents at 5626 Seneca Street and Seneca Greenhouse. Mr. Harmon noted this is common practice in town to advertise car raffles on the lawn of local churches. Ms. Ziccardi noted that Flappy’s will not be received any proceeds from the sale of the raffle tickets. No comments were received from the public. Motion by Mrs. Rosenswie, seconded by Mr. Hughes, to close the public hearing and grant a variance for property located at 5700 Seneca Street to to allow a temporary sign for off-site advertising for a car raffle benefitting Immaculate Conception & St. Vincent's Schools.
2009-057 Brian Cary, 141 East & West Road, stated he would like to replace the existing deteriorating garage with a new garage on the same pad, 21.55 feet from the exterior side yard. The frame shed will also be removed. There are three large trees to the left of the garage which is why the pad cannot be removed. No comments were received from the public. Motion by Mr. Harmon, seconded by Mrs. Rosenswie, to close the public hearing and grant a variance for property located at 1270 Orchard Park Road to rebuild garage on existing pad 21.55' from exterior side yard.
2009-058 Charles Stephan, 239 Reserve Road, stated the wall is 12 ft and he needs 8 ft doors for a diesel truck that pulls a 35 ft camper. A letter of consent with signatures of neighbors at 388 Union Road and 267 Reserve Road was submitted. No comments were heard from the public. Motion by Mrs. Rosenswie, seconded by Mr. Harmon, to close the public hearing and grant a variance for property located at 239 Reserve Road to erect detached garage 10" over required height. On the question, Mrs. Rosenswie noted that equipment today is getting larger and larger, requiring the height. Mr. Bond also noted this is a very large lot and the proposed garage is set back a distance; further, the request is for only 10 inches which represents less than 8% above the allowable height.
2009-046 Motion by Mrs. Rosenswie, seconded by Mr. Harmon, to table this item until the August meeting.
ADJOURNMENT: Motion by Mrs. Rosenswie, seconded by Mr. Hughes, to close the public hearing and adjourn the meeting (8:30 p.m.).
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