WEST SENECA TOWN OFFICES                                  WEST SENECA ZONING

1250 Union Road                                                                  BOARD OF APPEALS

West Seneca, NY  14224                                                       Minutes #2006-08

August 23, 2006

                                                                                               

 

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 August 23, 2006 at 7:00 PM, followed by the Pledge of Allegiance.

 

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 Mrs. Price, to open the Public Hearing.

 

                        Ayes:   All                   Noes:   None                                       Motion carried

 

APPROVAL OF PROOFS OF PUBLICATION:

 

Motion by Mr. Hughes, seconded by Mrs. Price, to approve the proofs of publication and posting of legal notice.

 

                        Ayes:   All                   Noes:   None                                       Motion carried

 

APPROVAL OF MINUTES #2006-07:

 

Motion by Mr. Dunn, seconded by Mrs. Price, to approve Minutes #2006-07 of July 26, 2006.

 

                        Ayes:   All                   Noes:   None                                       Motion carried

 

NEW BUSINESS:

 

2006-068         Request of Carlos A. Guerra for a variance for property located at 615 Harlem Road for an interpretation of Zoning Ordinance and reduction of required setbacks to erect building.

 

                        Carlos A. Guerra, 344 Elmsford Drive, stated he would like to erect a 35 ft x 50 ft steel corrugated building on the lot at 615 Harlem Road for a

WEST SENECA TOWN OFFICES                       ZONING BOARD OF APPEALS

1250 Union Road                                                      Minutes #2006-08

West Seneca, NY   14224                                          August 23, 2006

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business which he and his wife are preparing to purchase.  An issue has arisen on whether the business fits in a C-1 or C-2 zoning.  The property is already zoned C-1.  He currently operates a mobile sharpening business out of his van, going from salon to salon, and will be purchasing a company from Tonawanda which manufactures, assembles and sells Clipper blade sharpening machines.  He submitted a catalog on the company which has been in business since 1946, with the same family owning it since 1960.  Mr. Guerra’s intention is to incorporate that business with his own sharpening business.  He currently sharpens beauty shears.  Clipper blades deals with the dog industry and beautician industry.  It is unclear whether he is able to place a building on the lot and operate the intended business.  Mrs. Guerra currently operates a salon at 615 Harlem Road.

 

                        Mr. Bond asked if the applicant would be selling the clipper blade sharpener machine, as shown in the catalog brochure.

 

                        Mr. Guerro stated he would be selling the machine, as sell as assembling the machine.  Most of the sales are via mail order and delivered by UPS truck.

 

                        Mr. Dunn asked if the item could also be purchased at applicant’s place of business.

 

Mr. Guerro stated that was correct.  He will also be selling scissors and clipper blades and clipper repair, along with having Treyco home based there. 

 

Mr. Czuprynski clarified the reason for the interpretation.  His office is taking the position that applicant’s use is for a C-2 zoning.  They have placed it in the category of a custom shop based upon the applicant also selling the machine.  He is assembling as well as selling and bringing in work to be done at the shop.

 

Mrs. Price asked if this was hand work without the use of a machine.

 

Mr. Guerro stated he does use a drill press to drill holes.

 

Mr. Bond asked if there was a category was just retail sales.

 

WEST SENECA TOWN OFFICES                       ZONING BOARD OF APPEALS

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West Seneca, NY   14224                                          August 23, 2006

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Mr. Czyprynski stated the applicant’s request was not limited to retail sales; rather this is a combination of assembly of machines, sales and sharpening of blades.  C-2 uses for a custom shop includes printing, electricity, heating, plumbing or woodworking. 

 

Mr. McCabe stated the issue here is that the applicant is not strictly retail; there is another function to the business which throws a shadow on it.  There are other businesses within the town that have run into the same or a similar problem.

 

Mr. Czyprinski further that M-1 zoning provides for manufacturing, assembling or treatment of articles from previously prepared materials.  The applicant is receiving previously prepared materials and assembling them and then selling them for retail.

 

Mr. Bond stated the second part of the application involves a setback variance in the event the applicant is allowed to use the property in the manner requested.

 

Mr. Guerra stated the town requires a 30 ft setback at the back of the property and he is asking for 15 ft.  Along the side, 25 ft is required and he is asking for 10 ft.  The signature of Harold Inman, adjacent property owner on Harlem Road, was submitted, stating no objection, as well as Scott Hageman, adjacent property owner to the 30 ft setback reduction, stating no objection.  He reviewed the drawing with both property owners and explained what his purpose was.  Mr. Guerra also submitted plans to the owners of property behind the existing building, owned by two attorneys.  He has not heard back from them, but understands there is no problem.  

 

Mr. Dunn asked the size of the proposed building.

 

Mr. Guerra stated it would be 35 ft x 50 ft x 15 ft in size. 

 

Mr. McCabe asked if applicant had plans or drawings for the building to show what it will consist of.

 

Mr. Guerra stated it would be a steel building and submitted a sketch of the proposed structure.  He planned on burgandy, gray and tan colors.

 

WEST SENECA TOWN OFFICES                       ZONING BOARD OF APPEALS

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West Seneca, NY   14224                                          August 23, 2006

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Mr. Bond stated the size of the building dictated the need for a variance.

 

Mr. Czuprynski stated the applicant needed 40 ft in front unless parking was planned for the front.

 

Mrs. Guerra stated they may need parking in front.  The frame home in the front is where the scissors sharpening is done now.

 

Mr. Bond asked if applicant planned on using the parking lot as shown on the survey.

 

Mr. Guerra stated he planned on four or five parking spaces with a handicapped space in the middle.

 

Mr. Czuprynski stated the applicant needs 50 ft for the front setback.  The code requires 10 ft added to the setback if parking is planned for a commercial area.

 

Mrs. Price asked how many stations are in the beauty shop.

 

Mrs. Guerra stated she had three, but only one is in use at the present.  She was aware two spaces were required per station, but she is the only one working in the salon.

 

Mr. McCabe stated the parking requirement is based on the number of stations, not the fact that only one person is actually working.  In the event parking became an issue, two of the stations may have to be removed.

 

Mr. Czyprynski stated that three parking spaces are required for each chair, not two.

 

Mr. Bond noted that 10 ft of green area is required and applicant is providing 5 ft.

 

Mr. Guerra stated that was correct.  He planned on putting in golden arbovitae along the driveway.

 

Mr. McCabe asked if there would be any employees.

 

 

WEST SENECA TOWN OFFICES                       ZONING BOARD OF APPEALS

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West Seneca, NY   14224                                          August 23, 2006

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Mr. Guerra stated it was a family run business, including his son, himself, his wife and a 14 year-old son.

 

No comments were received from the public.

 

Mr. Bond stated he was not prepared to make a decision on the interpretation part of the request without further review.  He asked if there was a contingency on the business contract.

 

Mr. Guerra stated they were hoping for a January closing on the business contract.  They already own the property.

 

Motion by Mr. Bond, seconded by Mr. Dunn, to table this item for the September meeting to allow more time for the Zoning Board to review the request and the Zoning Ordinance in greater detail.

 

On the question, Mr. McCabe noted that the applicant may want to request a rezoning of the property in the event the Board determined the use of the property was not proper.

 

Ayes:   All                   Noes:   None                                       Motion carried

 

2006-069         Request of William Donovan for a variance for property located at 56 Camwood Drive to erect 6 ft high fence in side yard (4 ft allowed).

 

                        William Donovan, 56 Camwood Drive, stated he recently moved to his current residence where the existing 6 ft privacy fence was damaged due to wind last winter.  He attempted to repair it, but came out 15 ft into the side yard and added a gate which placed him in violation of the code.  The 15 ft was needed for a safe clearance for the entrance door to the house.  His daughter is tall and he wanted the fence for privacy.  Letters of no objection were submitted from the residents on both sides of his property. 

 

                        Mr. Bond asked if there was another entrance to the rear of the house.

 

                        Mr. Donovan stated there is a sliding glass door at the rear which leads into a family room. 

 

                        No comments were received from the public.

 

WEST SENECA TOWN OFFICES                       ZONING BOARD OF APPEALS

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West Seneca, NY   14224                                          August 23, 2006

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Motion by Mr. Hughes, seconded by Mrs. Rosenswie, to close the public hearing and grant a variance for property located at 56 Camwood Drive to erect 6 ft high fence in side yard.

 

                        Ayes:   All                   Noes:   None                                       Motion carried

 

2006-070         Request of Frank & Mary Ann Czarnecki for a variance for property located at 217 Iris Avenue for an addition to garage .47 ft from side yard (3 ft side yard setback required).

 

                        Frank Czarnecki, 217 Iris Avenue, stated his request was for an addition to the back end of his garage.  The side clearance is 2.45 feet and the code requires 3 ft.  This is an existing garage built somewhere around 1957 which may have predated the ordinance.

 

                        Mr. Bond stated that may be correct, but the side of the new building is .57 ft from the side yard, and asked if the applicant was planning on staying in line with the existing garage.

 

                        Mr. Czarnecki stated he would be 2.45 ft off the lot line and staying in line with the existing garage.

 

                        Mr. Dunn noted that the drawing shows the front of the new addition to be 2.43 ft off the lot line but at the back where it heads to the back of the yard it would be 2.57 ft, about 7 inches away from the side yard.

 

                        Mrs. Price asked what the addition would be used for.

 

Mr. Czarnecki stated it would be used for storage only.  He had no plans on running a business from the garage and submitted letters of no objection from the adjoining neighbors.

 

                        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 217 Iris Avenue for an addition to garage 2.43 ft from the side property line. 

 

                        Ayes:   All                   Noes:   None                                       Motion carried

                       

WEST SENECA TOWN OFFICES                       ZONING BOARD OF APPEALS

1250 Union Road                                                      Minutes #2006-08

West Seneca, NY   14224                                          August 23, 2006

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2006-071         Request of Donald Persons for a variance for property located at 4725 Seneca Street to allow stone driveway (hard surface required).

 

Donald Persons, 4725 Seneca Street, stated the driveway is currently stone.  He is in the process of paving the driveway with concrete which should be completed within a couple weeks.  The bank is keeping a certain amount of money in escrow for him to complete the work.

 

                        No comments were received from the public.

 

Motion by Mrs. Price, seconded by Mr. Dunn, to close the public hearing and grant a variance for property located at 4725 Seneca Street to allow stone driveway until January 1, 2007 at which time the concrete work must be completed.

 

Ayes:   All                   Noes:   None                                       Motion carried

 

ADJOURNMENT:

 

Motion by Mrs. Price, seconded by Mr. Hughes, to close the Public Hearing and adjourn the meeting (7:45 p.m.).

 

Respectfully submitted,

 

 

 

Patricia C. DePasquale, RMC/CMC

Secretary