Zoning Board of Appeals Minutes
WEST SENECA TOWN OFFICES WEST SENECA ZONING
The regular meeting of the Zoning Board of Appeals of the Town of
ROLL CALL: Present : William H. Bond, Chairman
Daniel P. Dunn
Penny K. Price
Sandra Giese Rosenswie
Michael Hughes
Dale J. McCabe, Deputy Town Attorney
William Czuprynski, Code Enforcement Officer
OPENING OF PUBLIC HEARING:
Motion by Mr. Dunn, seconded by Mr. Hughes, to open the Public Hearing.
Ayes: All Noes: None Motion carried
APPROVAL OF PROOFS OF PUBLICATION:
Motion by Mrs. Price, seconded by Mr. Dunn, to approve the proofs of publication and posting of legal notice.
Ayes: All Noes: None Motion carried
APPROVAL OF MINUTES #2006-08:
Motion by Mr. Hughes, seconded by Mr. Dun, to approve Minutes #2006-08 of
Ayes: All Noes: None Motion carried
TABLED ITEM:
2006-068 Request of Carlos A. Guerra for a variance for property located at
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Page two . . .
Mr. Bond stated this item was tabled from last month for both a variance and an interpretation of the zoning ordinance on whether or not the applicant’s business could exist in its present zoning classification of C-1. It was the opinion of the Code Enforcement Officer that it was not allowed and the applicant made a request to the Zoning Board to overturn that decision.
Carlos Guerra stated the business will not be noisy and it is anticipated that it will create more business. He is looking for someone who works in metal to produce the housings for the cabinets. He is attempting to move as much business as possible to
Mr. Czuprynski stated there is no provision in the zoning ordinance to cover the applicant’s specific business and he has classified it as a custom shop which is only allowed in a C-2 zoning.
Motion by Mr. Bond, seconded by Mr. Hughes, to close the public hearing and uphold the decision of the Code Enforcement Officer that the use the applicant is requesting would not be allowable in a C-1 zoning but would fit into the category of C-2 zoning.
On the question, Mr. McCabe stated the applicant has the option to apply for a rezoning of the property which would be heard before the Planning Board for a recommendation and then the Town Board for approval or denial of the rezoning.
Ayes: All Noes: None Motion carried
Mr. Bond further noted that it would be unnecessary to go to the second part of applicant’s request for a reduction in the rear yard setback since a variance cannot be given for an illegal use.
Mr. McCabe stated that this Board could leave this portion of the application open pending a determination by the Town Board as to whether or not a rezoning would be granted.
Motion by Mr. Bond, seconded by Mrs. Rosenswie, to table the portion of the application requesting a variance for a reduction in the rear yard setback.
On the question, Mr. Bond informed the applicant that if he is successful in obtaining a rezoning from the Town Board, it will still be necessary to return to the Zoning Board of Appeals for a variance on the lot size but there will not be an additional filing fee.
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Mr. McCabe instructed the applicant to notify the Town Clerk when this matter is ready to be placed back on the agenda.
Ayes: All Noes: None Motion carried
NEW BUSINESS:
2006-072 Request of Ronald & Anne Marie Grover for a variance for property located at
Janice Sebastiano, JS Sebastiano Construction, 218 Enchanted Forest,
Mr. Bond referred to the statement on the application that this is the only practical place to add on to the house and asked for clarification.
Joseph Sebastiano indicated on the drawing the location of the basement and bathroom. The applicants would like to use the existing concrete steps, and he further noted where the addition was proposed.
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
Ayes: All Noes: None Motion carried
2006-073 Request of David Kling for a variance for property located at
David Kling,
Mr. Hughes asked the applicant if he planning on doing any type of work in the garage.
Mr. Kling stated there would be no work done in the garage which will be used only for storage. No living space or utilities will be on the upper floor. Letters of no objection were submitted from the adjacent neighbors.
No comments were received from the public.
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Motion by Mrs. Price, seconded by Mrs. Rosenswie, to close the public hearing and grant a variance for property located at
Ayes: All Noes: None Motion carried
2006-074 Request of Krista Jermy for a variance for property located at
Krista Jermy, 162 Duerstein, stated she had a pool installed in the side yard this summer and is requesting a 6 ft high fence for purposes of security and does not want to be held responsible for youth jumping the 4 ft fence and being injured.
Mr. Dunn noted that the fence running from the front corner of the house to the side yard gives the appearance of a fort.
Mrs. Price asked the type and height of the fence around the remainder of the home.
Ms. Jermy stated it was a chain link fence 4 ft high.
Mr. Bond asked what type of fence is being proposed, whether chain link or privacy.
Ms. Jermy stated it would be stockade. She submitted letters of no objection from a neighbor.
Mr. Hughes noted the fence is actually parallel to the front of the house and the street.
Ms. Jermy stated that was correct.
No comments were received from the public.
Motion by Mr. Dunn, seconded by Mr. Bond, to close the public hearing and deny the request for a variance for property located at
Ayes: Three (3) Mr. Dunn, Mr. Bond, Mr. Hughes
On the question, Mr. Dunn stated he failed to see any hardship other than a self created hardship. He understood the need when a fence runs along a corner but this is in the middle of the block.
Noes: Two (2) Mrs. Price, Mrs. Rosenswie Motion carried
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2006-075 Request of Edward Fischer for a variance for property located at
Ellie Fischer,
Mr. Bond stated the proposed porch appears to be in line with the other houses on the street. He asked if there is an existing porch.
Ms. Fischer stated there was a porch which had deteriorated and they are rebuilding the porch. The new porch will be the same size. They will be putting up wing walls and storm windows and screening upstairs. It will not be totally enclosed, but enough to protect it from the weather. A letters of no objection containing the signatures of 18 neighbors was submitted.
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
Ayes: All Noes: None Motion carried
2006-076 Request of Jeff Fitch for a variance for property located at
Jeff Fitch, representing Sieck & Mast Funeral Home,
Mr. Hughes noted that the width has not changed, just the height.
Mr. Fitch stated that was correct. The height of the current sign is 8 ft to the top of the sign and the new sign will remain in that range of 8 to 8 ½ ft. There is little difference between the two signs except that the new one will be of better construction.
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Page six . . .
Mr. Bond noted the main concern with a sign such as this is the ability to see traffic both ways when exiting.
Mr. Fitch stated the sign would not hamper visibility in any way. They have been involved with signage for 21 years and are very conscious about sight lines for visibility.
Mr. Dunn noted that he has visited the establishment on numerous occasions and found no difficulty in exiting.
No comments were received from the public.
Motion by Mr. Dunn, seconded by Mr. Hughes, to close the public hearing and grant a variance for property located at
Ayes: All Noes: None Motion carried
2006-077 Request of Richard J. Powers for a variance for property located at
Richard Powers,
Mr. Czuprynski noted that a 50 ft setback is required if parking is planned for the front.
Mr. Dunn asked what type of building was planned for such a small lot.
Mr. Power stated he was unsure exactly what he would build, but wanted to make sure he could build within the rear yard setback in order to make proper use of the property.
Mr. Hughes asked if the applicant had a tenant or proposed tenant at this time.
Mr. Powers stated he did not. This is a small piece of property and the only way to make proper use of it is to put the building back farther.
Mrs. Price asked who the current owner of the property is.
Mr. Powers stated the current owners are Mr. Armbruster and his wife. The purchase of the property is contingent on receiving a variance.
Mr. Dunn noted that the adjoining property to the rear is residential.
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Page seven . . .
Mr. Powers stated that was correct. There is also a 12 ft easement for a sewer line and then the property starts.
Bill Hanley,
Mr. Bond noted the concern of Mr. Hanley but stated that is not related to the request before the Board tonight.
Mr. Hanley stated he has spoken with Mr. Czuprynski on many occasions this year on issues involving buildings now owned by the applicant. 1500 Hilbert has a 2000 sq ft building with the whole roof line, front and back, dumped into one down spout which drains onto his and his neighbor’s property. He has also mowed the 12 ft easement referred to by the applicant in order to keep the rodent population down. He suggested restrictions on where the water can drain in the event a variance is granted. Mr. Hanley also spoke to the residents on Maryon whom the applicant had approached about this request and was informed they would not give their approval.
Mrs. Price asked what is directly behind the property on
Mr. Powers stated there is a 12 ft easement and then residential property.
Mr. Bond noted that in the event a variance was granted, the applicant would still have to submit a drainage plan for approval by the Town Engineer. The issue here is whether there should be a building 5 ft from the rear property line.
Motion by Mr. Dunn, seconded by Mrs. Rosenswie, to close the public hearing and deny the request for a variance for property located at
On the question, Mr. Dunn stated once a variance is given, the applicant would have the ability to place an oversized building on this small piece of property.
On the question, Mr. Hughes noted he was not comfortable with the lack of comment from the neighbor directly behind the property.
Ayes: Four (4) Mr. Dunn, Mrs. Rosenswie, Mr. Hughes, Mrs. Price
Abstaining: One (1) Mr. Bond, noting he was abstaining due to having represented the applicant in the past. Motion carried
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2006-078 Request of Carlos Ziminsky for a variance for property located at
Carlos Ziminsky,
Mr. Dunn asked if the footprint of the building would be changed.
Mr. Ziminsky state it would remain the same. Letters of no objection were submitted from the adjoining neighbors.
No comments were received from the public.
Motion by Mr. Dunn, seconded by Mr. Hughes, to close the public hearing and grant a variance for property located at
Ayes: All Noes: None Motion carried
2006-079 Request of James R. Bammel, FFAEB Architects, for a variance for property located at
Jay Pohlman, Esq., attorney for the applicant, and Dr. Krutchick, appeared on the request. Mr. Pohlman stated Dr. Krutchick and his wife acquired the property at
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Page nine . . .
Mr. Bond stated that in a 65-A zoning, the use of property by a licensed professional must be incidental to his residence, but the applicant has apparently been using it in this fashion since 1983.
Mr. Pohlman stated that Dr. Kruchick had received a variance in 1983, but at this point, he is adding 507 sq ft.
Dr. Kruchick stated he is certified by the State of
Mr. Hughes asked the applicant to describe the procedure for a sedation patient.
Dr. Kruchick stated a sedation patient is generally a high fear patient who requires sedation. The patient is on life support during which time the dental work is performed. He currently has four chairs and the fifth chair will be the sedation suite.
Mr. Bond noted there will be no additional employees, the size of the building will increase, but the use will not change from what was allowed in 1983.
Mr. Pohlman presented letters of no objection from the adjoining property owners on both sides and the property owner to the rear.
Mr. Czuprynski stated he would like this variance designated to the applicant only so that in the event this property should be sold in the future to another dentist with a higher volume of business, or additional associates, it would have to come back again before the Zoning Board.
Mr. Pohlman felt he did not want to see this tied to Dr. Kruchick specifically. If there is a dentist in the future who can demonstrate an equal or less volume of business, they will still be limited by the square footage and parking spaces. It would be very difficult for a dental practice with a high volume to operate there, but the applicant’s hands will be tied if at some point in the future when he would like to sell the existing facility.
Mr. Czuprynski responded that on the other hand, this Board has no way of determining the number of people coming in and out. The applicant may only be using five or six parking spaces, but someone else may fill eighteen or twenty parking spaces.
Mr. Bond stated his position was that the plan submitted shows four treatment rooms and the applicant or any future dentist would be restricted
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by that plan. Therefore, any future dental office would be limited to a certain amount of patients. His concern would be if the property were reconfigured for another type of business with the potential for twice as many employees and customers. If anyone else were to purchase that property for a use other than dentistry, they would have to come before this Board.
Motion by Mr. Bond, seconded by Mrs. Rosenswie, to close the public hearing and grant a variance for property located at 287 Center Road for an exemption from requirement that a licensed professional reside on premises and use must be incidental to dwelling, but restricted to a licensed dentist or some derivitive thereof.
Ayes: Three (3) Mr. Bond, Mrs. Rosenswie, Mrs. Price
Noes: Two (2) Mr. Dunn, Mr. Hughes
On the question, Mr. Dunn stated it was his opinion that the variance is not restricted enough. Motion carried
2007-007 Request of Patricia Fischer for a variance for property located at
Patricia Fischer,
Mr. Dunn asked if the width of the driveway was being expanded an additional 9 ft across the front of the house.
Ms. Fischer stated that was correct. She submitted letters of no objection from the adjoining property owners.
Mr. Bond noted the present width of the concrete drive is 16.6 ft in front and 19.20 ft in the back. He questioned the need for the additional width and whose cars were on the property.
Ms. Fischer stated it was a tight fit in the driveway now and worse in the winter. She and her husband each have a vehicle, her husband has a work vehicle, and the other vehicles belong to her son and her mother who lives with them.
Mr. Bond further felt that the current situation was sufficient to handle the cars and noted that other families have the same problem.
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Ms. Fischer stated it is 9 ft from where the driveway actually ends over to the front corner of the porch and it was their intention simply to extend that portion. Mr. Fishcher stated his work vehicle is a full sized Chevy van with ladders on top.
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
Ayes: Four (4) Mr. Dunn, Mrs. Rosenswie, Mrs. Price, Mr. Hughes
Noes: One (1) Mr. Bond
2006-081 Request of Doug Busse for a variance for property located at
Doug Busse,
Mr. Bond questioned the necessity of the drive being 25 ft wide.
Mr. Busse stated he has a snowplow on the truck and that would give him enough room to pull in and back out. Letters of no objection were submitted from the two property owners on the east side of
No comments were received from the public.
Motion by Mrs. Price, seconded by Mrs. Rosenswie, to close the public hearing and grant a variance for property located at
On the question, Mrs. Rosenswie noted the turn around will ensure safety in entering and exiting the property.
Ayes: All Noes: None Motion carried
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ADJOURNMENT:
Motion by Mrs. Price, seconded by Mr. Bond, to close the public hearing and adjourn the meeting (8:15 p.m.).
Ayes: All Noes: None Motion carried
Respectfully submitted,
Patricia C. DePasquale, RMC/CMC
Secretary