Zoning Board of Appeals Minutes
WEST SENECA TOWN OFFICES WEST SENECA ZONING
1250 Union Road BOARD OF APPEALS
West Seneca, NY 14224 Minutes #2006-04
April 26, 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 April 26, 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
Excused: 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 Mrs. Price, seconded by Mrs. Rosenswie, to approve the proofs of publication and posting of legal notice.
Ayes: All Noes: None Motion carried
APPROVAL OF MINUTES #2006-03:
Motion by Mr. Dunn, seconded by Mr. Hughes, to approve Minutes #2006-03 of March 24, 2006.
Ayes: All Noes: None Motion carried
TABLED ITEM:
2006-010 Request of Michael & Susan O'Brien for a variance for property located at 107 Bellwood Avenue to erect garage roof 1 foot higher than allowed (12 feet allowed).
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Michael O’Brien, 107 Bellwood Avenue, noted the number of other garages in the area with heights of 14 ft and 15 ft and felt his request was not unreasonable.
Mrs. Price asked the applicant the height of his proposed garage.
Mr. O’Brien stated the height was 16 ft.
Mr. Bond noted that the application requests permission to erect a garage roof 1 ft higher than allowed, which would be 13 ft, if 12 ft is the allowable height.
Mr. Czuprynski stated that the height of the garage is measured by the side wall plus one-half the rise, so if the side wall is 9 ft 7, plus 3 ½ ft, which equals a little over 13 ft in height.
No comments were received from the public.
Motion by Mrs. Rosenswie, seconded by Mr. Dunn, to close the public hearing and grant a variance for property located at 107 Bellwood Avenue to erect garage roof 1 foot higher than allowed.
On the question, Mr. Bond failed to see the necessity in building the garage to this height.
On the question, Mr. Dunn noted that the applicant presented letters from five neighbors at the last meeting who had no objection to his proposal and further noted the character of the neighborhood would not be changed by this proposal.
Ayes: Four (4) Mrs. Rosenswie, Mr. Dunn, Mrs. Price, Mr. Hughes
Noes: One (1) Mr. Bond
NEW BUSINESS:
2006-032 Request of Winchester Fire Co. for a variance for property located at 514 Harlem Road to erect 40 sq ft ground sign closer to front lot line.
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Mr. Bond noted this item is being taken out of order, to allow the representatives from Winchester Fire Co. to attend to a matter at the fire company.
Norm Eberle, Fire District #1 Commissioner, 514 Harlem Road, stated the fire company is in the process of adding a three-bay truck room on the existing building. The property line is just outside the bay and with the property line of the State DOT which crosses most of the property, they are requesting a sign for the corner of the property toward Indian Church Road.
Mr. Bond noted the variance is being requested for the size of the sign, 40 ft, not the location.
Mr. Eberle stated the requested sign is the same size sign currently in place at St. William’s Church on Harlem Road and reviewed its location on the survey with the Zoning Board members.
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 514 Harlem Road to erect a 40 sq ft ground sign closer to front lot line.
Ayes: All Noes: None Motion carried
2006-014 Request of Newton S. Wiley, Jr., Architecteam, for a variance for property located at 1055 Union Road to reduce required rear yard setback to 9 ft (30 feet required).
Mr. Bond stated he discussed this matter with the Code Enforcement Officer and it appears at least three variances are required. If the Board were to grant this particular one, the applicant would be required to return for the other variances, including the green area in front and parking.
Mr. McCabe suggested tabling this item to allow applicant to amend the petition to include the additional variances and avoid having to pay another filing fee.
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Motion by Mr. Dunn, seconded by Mr. Bond, to table this item until the May meeting, with the consent of the petitioner, to allow an amendment of the application.
Ayes: All Noes: None Motion carried
2006-015 Request of Larry Bueme for a variance for property located at 83 Meadowdale Lane to erect deck between house and pool (10 feet separation required).
Mr. Bond noted the absence of the applicant and stated several items on tonight’s agenda may be tabled until the May meeting as there was a notification problem.
Motion by Mr. Bond, seconded by Mr. Dunn, to table this item until the May 24, 2006 meeting.
Ayes: All Noes: None Motion carried
2006-016 Request of Andrew Terragnoli, P.E., Lauer-Manguso & Associates, for a variance for property located at 815 Harlem Road to erect pedestal sign 89 sq ft above regulation.
Andrew Terragnoli, P.E., and Jim Manguso, Lauer-Manguso & Associates, appeared on behalf of their client, Niagara Development, on the request for a pedestal sign for the proposed Walgreens to be located at 815 Harlem Road at the corner of Mineral Springs Road. Normally, a Walgreens store is located closer to the corner of an intersection but at this particular location there is an existing oil pipeline which basically divides the parcel in half and cannot be feasibly relocated. As a result, the building must be located significantly farther back from the intersection and curtails any advertising presence from the building itself. In order to compensate, Walgreens Corporation feels the proposed sign must be larger than the standard allowed by the town, especially to remain competitive with the surrounding and adjacent similar businesses. This is Walgreens standard sign and not larger than something they would normally propose.
Mr. Bond noted this location is across from the Tops and Eckert stores and there are no residences in the immediate area on Harlem Road.
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Mrs. Price asked if the existing Rose Bowl building would be demolished.
Mr. Terragnoli stated that it would.
Mrs. Price asked if parking would be allowed over where the pipeline goes through.
Mr. Terragnoli stated that was correct, but a building could not be constructed there.
Mr. Bond asked if the 129 sq ft included both signs.
Mr. Terragnoli stated that was correct. The smaller sign is 40 sq ft and actually a reader board. One of its features is that it is connected to the Amber alert system, thus providing a community service.
Mrs. Price questioned the notation on the attached paperwork indicating that the reader board needed Town Board approval.
Mr. Bond stated that was only in the case of a scrolling board.
Mr. Terragnoli stated this is a changeable copy board.
Mrs. Price asked if Walgreens had a smaller size sign.
Mr. Terragnoli stated that anything smaller than this size would have to be customized.
Motion by Mr. Bond, seconded by Mrs. Rosenswie, to close the public hearing and grant a variance for property located at 815 Harlem Road to erect an 89 sq ft pedestal sign.
On the question, Mr. Dunn stated the applicant failed to show a hardship in order to grant the variance. There has been a business in that location for many years and although it is no longer viable, there has never been a problem in finding its location.
On the question, Mr. Bond noted the existing business is a bowling alley and patrons know where it is, as opposed to a business which needs to advertise its existence. There are also no residences in the immediate area
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on Harlem Road. There is a Tops supermarket farther down Harlem Road with apartment buildings across the street and two gas stations on the other two corners.
Ayes: Three (3) Mr. Bond, Mrs. Rosenswie, Mr. Hughes
Noes: Two (2) Mr. Dunn, Mrs. Price
2006-017 Request of Robert C. Maisano for a variance for property located at 134 Bellwood Avenue to add roof over existing porch 11.25 feet from front property line (30 ft required).
Robert C. Maisano, 134 Bellwood Avenue, submitted a drawing of the porch and roof, together with photos and letters of no objections from the adjoining neighbors.
Mrs. Price asked if the roof had already been erected.
Mr. Maisano stated the roof was permanent and erected.
Mr. Bond stated the Board’s concern on this type of request is whether this roof is jutting out farther than the neighbors’ and it appears that there are other porches out in front also. He asked whether there was a reason it could not be put in the back.
Mr. Maisano stated there was a broken piece of concrete pad left after it was replaced and with the sun from the morning until late afternoon there was no shade whatever and he could no longer use the porch. He was told by the contractor a permit was not required because the roof was being placed on an existing porch. He was then informed that a variance was required.
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 134 Bellwood Avenue to add roof over existing porch 11.25 feet from front property line.
Ayes: All Noes: None Motion carried
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2006-018 Request of Keith & Lynne Greiner for a variance for property located at 105 Fremont Avenue to erect garage addition 1.95 ft to side property line (5 ft required).
Motion by Mr. Bond, seconded by Mr. Dunn, to table this item until the May 24, 2005 meeting.
Ayes: All Noes: None Motion carried
2006-019 Request of Chris Woodard for a variance for property located at 93 Barnsdale Avenue to erect 6 ft high privacy fence in exterior side yard.
Chris Woodard, 93 Barnsdale Avenue, stated she owns a corner lot with no fence. She has a three-year old Lab-Springer mix and needs a chain link fence to contain the dog. Her neighbors have no objection and was requested to make the 4 ft chain link fence parallel with the neighbors.
Mrs. Price asked if the fence would run along all of Arcade.
Ms. Woodard stated it would run along Arcade.
Mr. Bond noted that a 4 ft fence did not require a variance.
Ms. Woodard stated she was informed a variance was required.
Mr. Bond stated a 6 ft fence is allowable in the back, but on the side and front the fence can only be 4 ft. A variance can be granted for the 4 ft fence in the front on Barnsdale. The Board members reviewed the survey to determine exactly what was needed.
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 93 Barnsdale Avenue to erect 4 ft high privacy fence as located on the drawing attached to the applicant’s application.
Ayes: Four (4) Mrs. Price, Mr. Dunn, Mrs. Rosenswie, Mr. Hughes
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Abstaining: One (1) Mr. Bond noted his representation of the applicant in the purchase of the home and he would abstain from the vote. Motion carried
2006-014 Request of Newton S. Wiley, Jr., Architecteam, for a variance for property located at 1055 Union Road to reduce required rear yard setback by 9 ft (30 feet required).
Motion by Mr. Dunn, seconded by Mrs. Rosenswie, to remove this item from the table.
Ayes: All Noes: None Motion carried
Mr. Czuprynski stated he reviewed the application and plans with Mr. Wiley. The parking is adequate and reviewed the parking with the Board members.
Mr. Wiley stated the required setback is 30 ft and the provided setback would be changed from 21 ft to 18 ft.
Mr. Czuprynski stated the 21 ft is to the canopy of the drive and not the building. The building will be moved back. He has one-way parking in and out and alongside the building. The green area is sufficient in the front.
Mr. McCabe noted that this property is zoned commercial with abutting residences in the rear, requiring a fence.
Mr. Wiley stated he was aware of this.
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 1055 Union Road to reduce required rear yard setback to 18 ft.
Ayes: All Noes: None Motion carried
2006-020 Request of Sandy Haefner for a variance for property located at 1419 Union Road to eliminate green area and substitute concrete.
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Sandy Haefner, 1419 Union Road, stated she previously appeared before this Board in 2005 and her variance request was denied. The State has approved the stamped concrete from the sidewalk to the street. She would like a variance to placed stamped concrete from the sidewalk to the building. There is currently stone in the front and pots with flowers. The maintenance of the front is difficult and photos of other business in West Seneca and some in Orchard Park that had no green space in front were presented.
Mrs. Rosenswie commented that the Board last year had denied the use of stones in the front.
Ms. Haefner stated the Board did not deny the use of stones, only that they could not be sprayed green.
Mr. Bond stated the ordinance requires green area, meaning grass, and not painted stone which is up to the Building Department to enforce.
Ms. Haefner stated it was her understanding from last year’s meeting that the pots with flowers were acceptable.
Mr. Bond stated the Board had denied applicant’s request to eliminate the green area in front.
Mr. Hughes asked Mr. McCabe how this fits into the Town’s new master plan.
Mr. McCabe stated it was his understanding the plan would run from Southgate Plaza and stop at Town Hall. This particular property is closer to Center Road. There are practical problems in dealing with the property where it sits. For instance, the office and apartment building directly across from McDonald’s is blacktopped in front and that property sits in the area of the proposed master plan for re-doing of that area.
Mr. Bond stated the problem remains that if the Board approves this request, then there will be continuing requests from others in the future.
Ms. Haefner stated her property is near the intersection with heavy traffic driving debris up on the sidewalk. The plows also throw snow on the
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sidewalk which makes maintenance difficult. She is proposing stamped concrete, as opposed to standard concrete.
Mr. Bond felt it is up to the Town Board to determine if green area would include stamped concrete, but the existing ordinance does not.
Mrs. Price stated the applicant would be placing pots with flowers on top of the concrete which would equate to green space.
Mrs. Rosenswie noted that the other properties have green space, even though it may not look appealing. Others involved with the comprehensive plan felt green space was more presentable, thus the opposition to the stones. The Building Inspector stated applicant would be planting grass in the spring.
Mr. Dunn stated it is simply a matter of opinion whether the front is more attractive with a poor piece of green or concrete.
Mr. Hughes asked if State approval had been received for the portion between the sidewalk and the street.
Ms. Haefner stated she spoke with a Mike last year and there was no problem with it. She was told that West Seneca had hoped to put in stamped concrete all the way down to Southgate Plaza from the 400, but did not have sufficient funding to do so.
Mr. Hughes asked if the applicant had written confirmation from the State.
Ms. Haefner stated she had not gotten back to the person at the State yet, but he will put it in writing.
Mr. Bond stated there was State funding to do a study on green areas from Southgate Plaza on down to Town Board.
No comments were received from the public.
Motion by Mr. Dunn, seconded by Mrs. Rosenswie, to close the public hearing and deny the variance.
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On the question, Mr. Bond felt green space must be provided for, as much as possible. The new Rite Aid store was required to push its building back in order to gain additional green space to obtain a variance. Another project on Union Road was forced to push its building back in order to provide green space. He felt the Board must stay consistent.
Ayes: Four (4) Mr. Dunn, Mrs. Rosenswie, Mr. Bond, Mr. Hughes
Noes: One (1) Mrs. Price
2006-021 Request of Anthony Sisti, Jr. for a variance for property located at 2141 Clinton Street to erect deck 5 ft from exterior side yard and use deck for outside serving.
Anthony Sisti, Jr., 2141 Clinton Street, stated he is the owner of the property, consisting of Yankees Bar & Grill and two apartments upstairs. The tavern is leased. There is a 12 x 24 ft wooden deck on the rear of the bar. At the time of the purchase of the property in November of 2004, the deck was existing and apparently erected without a permit by the previous owner. His tenant, Yankees Bar & Grill, has been advised by the SLA that the deck must be part of the application in order to obtain a liquor license and a variance is necessary for the deck.
Mrs. Price asked if the property goes back to the chain link fence.
Mr. Sisti stated there is stockade fence all the way around. Clinton Collision is a T-shaped property and to the west of his building. They have approximately 30 ft of the lot. Letters from Clinton Collision and the neighbor to the rear were submitted.
Mr. Bond noted that in the past a time limitation has been set on the service of food and liquor on an outside deck.
Mrs. Price asked if the size of the patio would remain as it is now.
Mr. Sisti stated that was correct.
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 2141 Clinton Street to erect
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deck 5 ft from the front property line and to allow service of food and liquor on the outside deck until 11:00 p.m., with no music being allowed.
Ayes: All Noes: None Motion carried
2006-022 Request of Frank Reino for a variance for property located at 440 Main Street to convert garage to living space and leave existing drive for parking.
Frank Reino, 440 Main Street, stated he began the work himself and was then notified by the Town that a variance was needed and some of the work was not done correctly. He then hired a contractor to complete the work. He cannot receive a building permit until the variance is granted.
Mr. Bond asked if the applicant was planning on parking his vehicle in front of the house that was previously the garage.
Mr. Reino stated that was correct.
Mr. Bond noted there was also a garage on the side.
Mr. Reino stated he parks there and his wife parks in front for easier access with the children.
Mr. Dunn stated he did not understand why the applicant needed two driveways.
Mr. Reino responded that both front entrances are facing Main Street. Main Street is busy and in the wintertime it is difficult to access the house with small children.
Mr. Dunn asked how the deck is accessed.
Mr. Reino responded there is a sliding glass door to access the deck and there is a back door on the garage.
Mr. Bond asked if there was an opening on the side of house toward Westcliff.
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Mr. Reino stated there was not. He submitted signatures of the surrounding neighbors. There is a deteriorated asphalt path that leads from the back of the one garage to the other garage and that will be removed.
Mr. Bond asked if there was a gate to the fence that runs from the side property line to the back of the garage.
Mr. Reino responded that he had applied for a permit to extend that fence to the back of the yard to include the children’s swing set.
Mr. Dunn stated he was still unclear why the applicant could not use the garage and the rear doors to eliminate that driveway.
Mr. Reino stated that a path would have to be shoveled in the back yard and snow would be tracked in with boots in the wintertime. He wanted an entranceway to collect snow and water from boots prior to walking into the house itself.
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 440 Main Street to convert garage to living space and leave existing drive for parking.
Ayes: Four (4) Mrs. Rosenswie, Mrs. Price, Mr. Bond, Mr. Hughes
Noes: One (1) Mr. Dunn
2006-023 Request of Kevin J. Gould for a variance for property located at 425 Potters Road to erect outdoor patio on Woodcrest Drive side.
Kevin Gould, 425 Potters Road, stated the property is currently a mixed use of restaurant and residential upstairs. He would like to install a stamped concrete outside patio on the Woodcrest side of the building, with a 3 ft high wrought iron fence and possibly an awning or umbrellas over the patio.
Mrs. Price asked if food and alcohol would be served on the patio.
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Mr. Gould responded there would be food and alcohol, but no music, and closed at 11:00 p.m.
Mr. Bond asked the Code Enforcement Officer whether there was a requirement for the patio.
Mr. Czuprynski stated the setback is 30 ft along that side.
Mr. Bond noted that there is a blacktop patio already on the other side and asked why that patio could not be used for service of food and alcohol.
Mr. Gould responded that its location is not conducive for use because it lacks sun and the view and ambience overlooking the golf course.
Mr. Bond asked if there was any reason why it couldn’t be located back farther where the blacktop area is now.
Mr. Gould responded that he is short on parking now and felt that area would be objectionable to the neighbors. Signatures of neighbors having no objection to the applicant’s request were submitted.
Mr. Dunn asked if it was the intention of applicant to cover the patio with an awning.
Mr. Gould stated covering the entire deck with an awning may be cost prohibitive and he is considering umbrellas instead.
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 425 Potters Road to erect outdoor patio on Woodcrest Drive side for the service of food and alcohol until 11:00 p.m., with no music being allowed.
Motion by Mr. Hughes, seconded by Mrs. Rosenswie, to amend the motion to include granting of a variance for a 4 ft fence.
Ayes: Four (4) Mr. Hughes, Mrs. Rosenswie, Mr. Bond, Mrs. Price
Noes: One (1) Mr. Dunn, noting his objection was based on the property being too small to accommodate a patio in this residential area.
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2006-024 Request of Fischione Construction Co. for a variance for property located at 1 Rebecca Way to build 5 ft into front yard setback (40 ft required).
Motion by Mr. Bond, seconded by Mrs. Price, to table this item until the May 24, 2006 meeting.
Ayes: All Noes: None Motion carried
2006-025 Request of Wayne Ladowski for a variance for property located at 432 Lein Road to erect storage building 3 ft from side property line (10 ft required).
Motion by Mr. Dunn, seconded by Mr. Hughes, to table this item until the May 24, 2006 meeting.
Ayes: All Noes: None Motion carried
2006-026 Request of Richard Krieger, Esq., for a variance for property located at 4717 Clinton Street to include outside music on existing patio.
Richard Krieger, Esq., 726 Exchange Street, Suite 1000, Buffalo, 14210, attorney for T. Faso, Jr. & Companies, Inc, owner of the property, stated his client is requesting an amendment to an existing ordinance for the subject property. A variance was granted in 1996 to construct an outdoor patio with a stipulation that no music or outdoor entertainment was allowed. The request this evening is to amend that variance to allow music to be played or performed within Town Code on the patio within allowable times. The purpose of the application is driven by his client’s opinion that the music will not be detrimental to the neighborhood and also that given the current marketplace and demands, it is now necessary for establishments such as this to be able to provide a casual outdoor atmosphere for persons to dine and gather, part of which comes from soft music playing in the background. The tenant has already constructed an awning on the patio to create a more pleasant environment. There have been some concerns with parking, traffic and garbage. Clinton Street is a State highway governed by New York State law and there has been a no parking sign erected on Clinton to address the parking issue.
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Mrs. Price noted the term “soft music” as used by Mr. Krieger. She lives three or four miles away and can hear what is not classified as soft music coming from the inside of the establishment.
Mr. Krieger responded that the inside system is a sound system or a small performing band. The requested amendment to the existing variance would look to produce solo artists or small performing bands outside. The music from last year’s anniversary party was loud and the proposed music outside would not be as loud and any sound system would be within the noise levels of the Town, and any live entertainment would be by a small group or band that would likewise keep the noise limits within reasonable noise standards.
Mr. Bond asked what time frame for the music is being requested.
Mr. Krieger responded they would be requesting music 7 days a week. They would not start before noon and would end by the 11:00 curfew currently in the town code.
Mr. Dunn asked the specific circumstances relating to this property that makes the request for music unique when it is not allowed on any other establishment in town.
Mr. Krieger cited market demands and the no smoking ban. Patrons are looking for this type of outside entertainment.
Mr. Dunn stated he failed to see the hardship to justify the applicant’s request.
Mr. Krieger stated the hardship standard is to stay competitive with other establishments.
Mr. Dunn noted that every other establishment has the same obstacle, if the lack of outside music is being considered an obstacle.
Mr. Krieger referred to the town’s noise ordinance running from 11:00 p.m. to 7:00 a.m. and the applicant is simply make a request to amend the current variance to allow outside music under the guidelines of the ordinance.
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Mr. Bond asked how long Mr. Krieger’s client has owned the property.
Mr. Krieger stated his client has owned the property for almost a year.
Mr. Bond asked if there has been music there on a consistent basis during that time.
Mr. Krieger responded that there was an anniversary party when the restaurant opened and there were some bands or groups for that occasion. They are asking for soft music or a continuation of the sound system, or a small group or solo artist playing dinner type music.
Mr. Bond asked if Mr. Krieger’s client has been adversely affected economically by not being able to provide outside music.
Mr. Krieger stated his client believes that the lack of outside music will cause loss of business and economic hardship.
Mrs. Price noted that these same patrons could not go to any other establishment in West Seneca to hear outside music.
Mr. Bond asked if a reduction in hours would be agreeable.
Mr. Krieger responded that the proposed hours would be less than town code restrictions, since they would not be starting before noon and would end at 11:00 p.m. They would be agreeable to a further reduction.
Mr. Bond suggested Thursday, Friday, Saturday and Sundays, and nothing before 4:00 p.m. on Thursday through Saturday, or after 10:00 p.m. Mr. Bond stated the purpose of the Zoning Board is to grant a variance under certain circumstances. He did not feel the Board could simply say no outside music whatever and questioned the zoning of the property.
Mr. McCabe stated it has a nonconforming use.
Mr. Bond questioned the zoning of the other corners.
Mr. Czuprynski stated the other properties had the correct zoning.
Mr. McCabe asked if letters from the adjoining neighbors were brought.
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Mr. Kriege responded he had no letters, understanding there was some opposition.
David Bystrak, 4721 Clinton Street, stated he is the neighbor to the southeast side, across the street. He has no problems with music and the operators of the Nickel Creek have been good neighbors, cleaning up in the morning. His house faces the deck and is in favor of the request.
Paul Kloc, Kloc Funeral Home, 4680 Clinton Street, directly across the street, submitted a petition with signatures of numerous residents in opposition to the music. They are playing music now and advertising bands on a sign out front. The sign itself is detrimental to him, using nasty phrases which he has taken photos of. They assumed he was going to give them permission to use the Funeral Home parking lot and contacted an insurance company to co-insure and give him liability. Mr. Kloc stated he has had to contact the police for patrons of the bar parking in his lot, blocking access to the lot, and for the loud and obnoxious noise. Patrons come out on the front patio drinking and using foul language. He has operated a business in town for 36 years and would like the area kept quiet and wholesome. It’s been a bar for many years with no problems, previously as Jacob’s Tavern, then Jacob’s Landing, then Jimmy’s Corner. This is a major problem with the music playing until 11:00, 11:30 p.m. Phone calls have gone unheeded. Patrons have urinated in his bushes and the neighbor’s bushes. The bar business has not been hurt. Every night the lot has been full and there is no loss of business. He called the Town Supervisor when the problems started, all to no avail. The petition submitted contains signatures of residents on Clinton and Borden. There are now people on Seneca Creek and the bottom part of Blossom Road and Borden Road who are willing to sign another petition to make sure this does not go through. No one else in town has permission for outside music and even when the windows are closed, music can be heard from inside.
Ruck Marino, 4713 Clinton Street, stated he spoke before the Town Board meeting on Monday to complain about the noise, but there are more issues with this establishment next door. With the good weather last week, there was noise coming from open windows until 3:00 a.m. and from bikes parked in front of the bar. The music is loud and foul language is heard from the parking lot.
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Mr. Bond asked if a compromise to 10:00 p.m. would be agreeable.
Mr. Marino stated that was not acceptable. He must get up early for work and the noise interrupts his sleep. He can hear the music inside his house with the windows closed. He filed a complaint with the State Liquor Authority. There is no way that the business is losing money and there is no such thing as soft music or dinner music. This has become a quality of life issue for the neighborhood.
Dale Clarke, 379 Indian Church Road, stated that it is not fair to the residents to make an exception for this particular business to have music on the outside patio when other establishments have been denied. He cited the gentleman on Transit Road who had invested a considerable amount of money in his business and was denied. He asked if any politician in town has a special interest in this establishment.
Mr. Bond stated that was not true. The establishment is owned by a corporation.
Mr. Krieger stated for the record that T. Faso, Jr. & Companies, Inc. is the owner of the property and the applicant for the variance being requested. Tom Faso, Jr. is the sole shareholder of the corporation. The tenant, Nickel Creek, that operates the restaurant, is owned by Mr. Faso’s sister and brother and there are no other parties of interest.
Michael Sulik, 4697 Clinton Street, stated his house is located just west of the tavern and he has lived there for 18 years. There was music 3 nights a week and he can obtain signatures of 500 people.
Mr. McCabe asked if the music was inside or out.
Mr. Sulik stated the music was outside and they had called the police on various occasions. The police stated they were within legal parameters at that time. He asked the legal capacity for the building.
Mr. Bond stated there is a legal capacity for the building, but he could not give an answer on the amount.
Mr. Sulik asked if that capacity would increase or decrease if there is outdoor music or activities.
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Mr. Czuprynski stated the capacity of a building is based on the square footage of the building and is posted on the inside of the building. The same thing goes for a deck. Any complaint on an increase in capacity would have to be directed to his office for investigation.
Mr. Sulik asked if there was an increase in capacity when the addition was put on in 1996 and whether more parking was required when there was an increase in capacity.
Mr. Czuprynski stated the capacity had increased at the time the addition and deck were put on the building, but he would have to check his records to determine the exact capacity placed on the building. The parking goes with the capacity and is determined by the number of seats and square feet per person. In some circumstances, that is exceeded, resulting in parking on the street.
Mr. Bond stated the music would not affect the seating capacity. If the building exceeds the capacity, with or without music, it is then in violation.
Mr. Sulik asked if it was legal to take alcoholic beverage out of an establishment and walk down the street with it, or throw debris in the creek.
Mr. Bond stated those actions were not legal.
Mr. Sulik stated stopping the music at 10:00 will not result in patrons leaving the establishment. All the previous owners worked with the neighbors, but the current tenant will not. Soft music has many definitions and the term itself it an open statement.
Dale Klink, 4760 Clinton Street, stated his residence is next door to his business. The anniversary party last year lasted for three weekends. He complained to the Town Board and one of the members informed him of the restriction on music. The Building Inspector sent a letter which was ignored. Apparently, the new owners failed to check on the lack of a variance for outside music. None of the owners are from West Seneca and can go home. He also inquired whether the new owners had a permit for indoor music and was told they did not. If this variance for outdoor music is granted, then the remainder of businesses with outdoor patios will be
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asking for music. He failed to see the value to the town if this variance is granted or any economic impact. The Nickel Creek bar was cited as an example when the business on Transit and Seneca Street was turned down in its request. This is a residential neighborhood and property values are being adversely affected by the business. He also questioned the definition of soft music.
Mark Dowling, 4601 Clinton Street, stated he moved from the City to West Seneca to get away from the noise, but all last summer music was heard from the bar and as a neighbor was forced to listen to it. His property is about a quarter mile down the road and the music can be heard. Granting this variance would set a bad precedent in town and have a snowball effect. He noted the Board had concerns earlier in the evening on the visual effects of signage on Union Road where there are no residences. This is an audible issue and the sound is more distracting than a sign on a corner.
Brian Doster, 3361 Clinton Street, stated he lives next to a patio bar and is concerned that granting of this variance will snowball with the business next to him then asking for outdoor music on multiple nights and hours into the evening, and then every bar in town will continue in an effort to outdo each other establishment in town. Patrons become intoxicated, look over into adjoining yards, preventing the neighbors from enjoying their own yards.
Diane Nowak, 4786 Clinton Street, stated she lives three houses down from the tavern. They have not been able to enjoy their backyard. Last year, they did have soft rock band that played 50 and 60’s music. The music was loud and at all hours of the night. She works the second shift and does not care to keep her windows closed all night or put up with her walls rattling all night. She felt the Zoning Board members would not allow this if the bar was in their neighborhood.
Peggy Walker, 232 Borden Road, stated she has lived at her residence since September and has been forced to pick up litter on her lawn and listen to loud music since then. She has young children who go to bed at 8:00 p.m. In the summer, the noise can be heard even without a band. A band will be disturbing and the clientele who patronize this bar will not be interested in quiet music.
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Elizabeth Lagree, stated she has lived in the area for 55 years and has never encountered the problems with this bar, including the drinking, loud music, and inability to get out of her driveway in all those years. She asked why this tavern was being considered for outdoor music when all the other establishments were turned down tonight.
Mrs. Price noted that the other applicants had not requested music; rather the Board attached that stipulation to the variances granted.
The Zoning Board of Appeals recessed for 5 minutes.
Mr. Krieger defined for the record the term soft music as being in compliance with the town code at levels not to create annoyance or disturbances to the neighborhood. The other problems dealing with debris, defecating, etc. are outside the scope of the amendment being requested and is a patron issue. If the tavern could create the type of environment it is seeking, perhaps those patrons will seek other places to go. As the attorney handling the acquisition of this property, he was aware of the restriction on the variance and that is why an amendment is being requested.
Motion by Mrs. Rosenswie, seconded by Mr. Hughes, to table this item until the May 24, 2006 meeting for further discussion.
Mrs. Rosenswie noted that this type situation is unique and she would like to consider the impact of the request on the entire town, not only on this particular property.
Mr. Bond stated that unless these type matters are handled correctly, an Article 78 can be filed by a party and the town may very well lose in court what is gained here.
Mr. Dunn also noted that it is his experience that parties often have an opportunity to work out their differences when an item such as this is tabled for a month.
Ayes: Three (3) Mrs. Rosenswie, Mr. Hughes, Mr. Bond
Noes: Two (2) Mrs. Price, Mr. Dunn
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2006-027 Request of Suzanne & John Stover for a variance for property located at 215 Rosewood Drive to erect 6 ft high fence to exterior property line.
Suzanne Stover, 215 Rosewood Drive, stated the property had an existing 8 ft high set of bushes along the corner facing the street when it was purchased six years ago. The bushes were cut down and she tried to make the area look presentable. Her husband put up a 6 ft high privacy fence which the neighbors commented favorable on. Her husband, being from out of state, was unaware a permit was required and two variances are now required, one for a 6 ft high fence. They were also apparently to go straight back from the house, but the fence was put where the bushes had been. Signatures of nine neighbors were submitted, stating no objection to their proposal. There was also significant landscaping done inside the fence which would have to be destroyed should the fence have to be moved.
Mr. Bond stated because this property is on a corner, what the applicant considers the side is actually a front, so each side has to have a 30 ft setback.
No comments were received from the public.
Motion by Mrs. Rosenswie, seconded by Mr. Dunn, to close the public hearing and grant a variance for property located at 215 Rosewood Drive to erect 6 ft high fence from the back of the house and along the property line.
Ayes: Four (4) Mrs. Rosenswie, Mr. Dunn, Mr. Bond, Mr. Hughes
Noes: One (1) Mrs. Price Motion carried
2006-028 Request of Donald & Angel Kirsch for a variance for property located at 166 Wildwood Place to maintain pool 2.76 ft from side property line and attached to detached garage.
Donald Kirsch, 166 Wildwood Place, stated the pool was erected in 2001 and he then applied for a permit for the pool and a stockade fence after the fact. Signatures of all the neighbors on the street and two neighbors in the rear of the property were submitted, stating no objection. A variance is being requested for a reduction in the side yard requirement from 3 ft to 2.76 ft and also for 0 ft separation from the garage.
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Mr. Bond stated the reason for the required 5 ft separation was for fire equipment to reach the house in an emergency.
Mr. Kirsch stated he has photos of the other side of the garage which shows there is sufficient room to go around the side and the back of the garage.
Edna Ruth, 168 Wildwood, stated she lives next door on the right side of the property and presented photos. The pool is up against the applicant’s garage that has a four-pointed roof and she has observed kids jumping from the garage.
Charles Welch stated there is also an attached electrical light that hangs over the pool where it comes into the garage which he felt was a safety issue if it were dislodged and fell into the pool.
Mr. Bond cautioned the applicant to correct this situation if it does exist.
Mr. Kirsch stated there is no electricity running to the light. It’s just there.
Ms. Ruth stated the pool is huge and right up against the garage. Water is actually coming off the roof and this presents a hazard. If anything broke or leaked out, it would flood out her residence.
Mr. Bond stated that had nothing to do with the request for a variance. Whether it would be 3 ft away or 5 ft away, if the pool floods out, it would still flood her property. The reason for the separation is so fire equipment can get between two buildings. In this case, a pool is considered a building for that purpose, and there does appear to be sufficient access in the event the garage did catch on fire.
Motion by Mrs. Rosenswie, seconded by Mr. Bond, to close the public hearing and grant a variance to maintain pool 2.76 ft from side property line and attached to detached garage.
On the question, Mr. Dunn felt the pool was large for that size lot, but it’s already there and would be a hardship to applicant to move it.
Mr. Bond stated this variance is to reduce the required side yard by 3 inches. Based on the size of the yard, applicant would have a hardship in
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complying with the ordinance and he felt confident there was adequate room for fire equipment in the event of an emergency.
Ayes: All Noes: None Motion carried
2006-029 Request of Daryl Martin, Architect, for a variance for property located at 2244 Union Road to reduce required parking spaces and bulk area.
Daryl Martin, Architect, stated the developer originally planned a plaza for the property to keep the M-1 zoning, but there was no interest in a plaza. The current project is a senior housing facility which began at 112 units and was reduced to 100 units. The project is being marketed toward the 55 plus age group and there will be no government subsidizing. Based on the Planning Board recommendations, some of the parking in front was eliminated and others added. Based on this being a senior housing project, they do not feel the required parking under the ordinance is necessary. There are 145 parking spaces, not counting the garages, and they need a variance for 25 spaces.
Mr. Czuprynski stated that the garages are not counted as parking spaces since they are rented out. In other words, if the garages are not rented out, they cannot be counted as a parking space. A parking space must be free and something that is used.
Mr. Bond asked if there was any difficulty in renting out the garages.
Mr. Martin stated there are 24 garages and they seldom had a problem in renting them out.
Mr. Bond noted that the second request is for a reduction in the bulk area and both the Town Board and Planning Board were aware that this project would not be economically feasible without having three floors and the proposed number of units.
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 2244 Union Road to reduce required parking spaces and bulk area.
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Ayes: All Noes: None Motion carried
2006-030 Request of Katherine Podraza for a variance for property located at 110 Delray Avenue to erect covered front porch 16.5 ft from front property line (30 ft required).
Katherine Podraza, 110 Delray Avenue, appeared on her request for a variance.
Mr. Bond noted this is an older house and the current 30 ft setback was not in effect when the house was built. The next door neighbor’s house is out farther than the applicant’s. He asked whether this porch would protrude out any farther than the next door neighbor.
Ms. Podraza stated it would not.
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 110 Delray Avenue to erect covered front porch 16.5 ft from front property line.
Ayes: All Noes: None Motion carried
2006-031 Request of Michael Miller for a variance for property located at 32 East Center Road to erect garage 16.5 ft high (12 ft maximum height allowed).
Michael Miller, 32 East Center Road, stated he would like to replace the existing 24 x 24 ft garage with an 8 ft high door and build a taller and larger garage to store two double deck buses. He submitted signatures of other residents on East Center Road having no objection to his proposal.
Mr. Dunn asked if these buses were rented out.
Mr. Miller stated they were for personal use only. They are currently being stored at his father’s place of business but his father is retiring and the building has been sold.
Mr. Bond noted the proposed garage will be larger, square footage wise, than the applicant’s house.
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Mr. Miller stated that was probably correct, but there are other garages on the street that are larger than standard size.
Mr. McCabe asked if applicant would be doing any automotive repair work in the garage.
Mr. Miller stated he would not, other than on his own vehicles.
Motion by Mr. Dunn, seconded by Mrs. Price, to close the public hearing and grant a variance for property located at 32 East Center Road to erect garage 16.5 ft high.
Ayes: Four (4) Mr. Dunn, Mrs. Price, Mrs. Rosenswie, Mr. Hughes
Noes: One (1) Mr. Bond Motion carried
OTHER BUSINESS:
2004-068 Request of Patricia A. McCabe for an extension of the variance granted July 28, 2004 for property located at 17 Sunrise Terrace to erect covered porch in front property setback.
Dale McCabe, 17 Sunrise Terrace, stated a variance was originally granted in 2004 to construct a covered porch that would protrude into the setback approximately 8 ft. They have now a contractor to do the work. There are no changes in the plans and they are requesting a continuance of that variance.
Ayes: All Noes: None Motion carried
ADJOURNMENT:
Motion by Mr. Hughes, seconded by Mrs. Rosenswie, to close the public hearing and adjourn the meeting (9:40 p.m.).
Respectfully submitted,
Patricia C. DePasquale, Secretary