Zoning Board of Appeals Minutes
WEST SENECA TOWN OFFICES WEST SENECA ZONING
1250 Union Road BOARD OF APPEALS
West Seneca, NY 14224 Minutes #2006-03
March 22, 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 March 22, 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 Mr. Hughes, to approve the proofs of publication and posting of legal notice.
Ayes: All Noes: None Motion carried
APPROVAL OF MINUTES #2006-02:
Motion by Mr. Dunn, seconded by Mrs. Price, to approve Minutes #2006-02 of February 22, 2006.
Ayes: All Noes: None Motion carried
NEW BUSINESS:
2006-008 Request of Wayne Ladowski for a variance for property located at 440 Lein Road to sell house 3 feet from property line (10 ft required) and erect pole barn 3 ft from property line (10 ft required).
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Wayne Ladowski, 432 Lein Road, stated he purchased the property next door at 440 Lein Road. He resides at 432 Lein Road and his intent is to gain wider access into the back yard. He is attempting to sell the house with 3 feet from the property line on the south side. He would also like to erect a pole barn at the rear of the property at 440 Lein Road for storage. The pole barn would be 3 feet from the property line as well.
Mrs. Price asked which property was being sold.
Mr. Ladowski stated the house at 440 Lein Road.
Mr. Bond stated it was his understanding that the applicant would take 10 feet from the property at 440 Lein and incorporate it into the property at 432 and then sell the property at 440 with the side yard 3 feet from the property line.
Mr. Ladowski stated that was correct. The current access drive is between the two properties and goes to the back and has been extremely tight for many years. The pole barn will be used for storage.
Mrs. Price asked what the applicant intended to store in the pole barn.
Mr. Ladowski responded personal items such as classic cars, kids’ toys, and miscellaneous items.
Mr. Dunn asked if applicant intended to operate a business from the pole barn.
Mr. Ladowski responded that he would not be operating a business from the pole barn.
Mr. Bond stated that the survey submitted does not show where the pole barn is to be located.
Mr. Ladowski submitted a copy of the survey with a sketch which he reviewed with the Board members. Letters of no objection from adjoining neighbors were also submitted.
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Mr. McCabe questioned how the owner of property at 440 Lein Road would get to the back of the property with only 3 feet from the property line.
Mr. Ladowski reviewed the section on the survey he intended to keep on 432 Lein Road and the property to be sold. The property will be cut from 70 feet to 61 feet wide.
Mr. Bond asked why applicant cannot keep the one driveway with an easement for egress and ingress.
Mr. Ladowski responded that was the situation for many years, but he would like to cut a portion of the one property for inclusion in the other. There is a one-car attached garage with enough room for 2 cars wide by the length of the driveway which is approximately 400 feet.
Mrs. Price noted there is no parking in the front setback.
Mr. Bond also noted there is no room for parking on the side. He questioned applicant on the necessity of having the proposed new building 3 feet off the property line when it could just be moved over.
Mr. Ladowski responded that he felt that would be a waste of 7 feet.
Mr. Bond noted others are not allowed to build within 10 feet of a property line. This appears to be a large building with 3 bays.
Mr. Dunn questioned whether the building would be used for a business.
Mr. Ladowski responded that only personal items would be stored in the building. Letters of no objection were submitted from residents at 444 Lein Road and 426 Lein Road.
Mr. McCabe noted the existing metal building and asked what that building was used for.
Mr. Ladowski stated that building was used for miscellaneous items.
Mr. McCabe asked if the zoning on the rear of the parcel was different than R-90A.
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Mr. Ladowski stated that the front 250 feet is residential and the remainder beyond that is M-1, manufacturing.
Mr. McCabe noted that the pole barn will be constructed on the portion of the property zoned manufacturing which will allow it to be used for anything.
Mr. Bond noted his concern that the property is zoned R90 meaning the property is short already, although it preexists the code. The request before the Board to reduce the side yard also reduces the frontage from 70 feet to 63 feet. Lots existing prior to the code are allowed, but they cannot be reduced further.
Mr. McCabe agreed, stating that requesting the reduction in the side yard in essence reduces the total frontage.
Michael Wilman, 410 Lein Road, stated his concern was with the existing 40 ft x 60 ft pole barn which is used for storing of equipment. He is aware of the applicant’s difficulty in getting back to the property and there has been no problem as yet, but this proposal will allow access of vehicles to the commercial property through residential property. The applicant has been a good neighbor but if the property is sold in the future, there will be access to the back and they have already had problems on Lein Road in the past. Traffic flow and accidents have increased over the last few years which is a concern for the Fire Company.
Mr. Bond stated it is common for people to have an easement for ingress and egress, but in this case, the lot is substandard and applicant is requesting a further reduction of the property frontage with a large pole barn in the rear only 3 ft from the property line. The purpose of a variance is to address a hardship, for instance if the lay of the land prohibits erecting a building except in that location.
Mr. Wilman asked if it legal for a driveway to go through residential to access commercial property.
Mr. Bond stated he was not certain, but recalled a similar situation where the situation ended up in court.
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Mr. Wilman stated it was his understanding that if the situation was preexisting, it would stand, but his concern was centered on this changing hands in the future and it would be a complex with two buildings in the back.
Mr. McCabe stated when asked earlier, the applicant had indicated the pole barn would be used for personal storage and asked whether that included storage of personal equipment.
Mr. Ladowski responded that personal vehicles may be stored there.
Mr. McCabe asked whether the applicant would be willing to accept a stipulation by the Board that storage was confined to personal vehicles only and that no commercial vehicles or equipment could be stored in the pole barn.
Mr. Ladowski stated he was in the blacktop business and he does have some equipment and trucks there now. The operation is clean and there have been no complaints from the neighbors.
Motion by Mr. Bond, seconded by Mr. Dunn, to close the public hearing and deny the request for a variance.
On the question, Mr. Bond noted that a person is entitled to a reasonable return on the use of property, but there is no right to a maximum return. There is currently an easement for egress and ingress and granting this variance would cause an already substandard lot to be further reduced.
On the question, Mr. Dunn stated the applicant failed to show any hardship but would in fact be creating a hardship to the property at 440 Lein Road.
Ayes: All Noes: None Motion carried
2006-009 Request of F. Robert Roth for a variance for property located at 23 Glenfield Drive to erect deck 20 feet from rear property line (30 feet required).
Robert Roth, 23 Glenfield Drive, stated they are awaiting the approval of the homeowners association and submitted a letter of no objection from
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the residents of 19 Glenfield Drive. The patio will be 10 ft x 16 ft in size and uncovered.
Mr. Bond noted this variance request is similar to others granted in the Burchfield patio home development.
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 23 Glenfield Drive to erect deck 20 feet from rear property line, subject to approval from the homeowners association.
Ayes: All Noes: None Motion carried
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).
Michael O’Brien, 107 Bellwood Avenue, stated the height is actually 16 ft. The garage doors are already in place. When attempting to repair the roof, he fell through the roof and on further inspection noted that some of the 2 x 4’s were rotted.
Mrs. Price asked whether there would be storage in the garage.
Mr. O’Brien responded that the trusses will not allow storage because of the braces. The purpose of the pitch is to keep snow off the roof. The report of Jansen/Kiener Consulting Engineers was submitted, indicating approval of the trusses.
Mr. Bond asked if there would be a loft.
Mr. O’Brien stated there would be a loft but not one in which a person could stand up in. Letters of no objection were submitted from the adjoining neighbors.
Pat Dunn, 104 Delray, stated his property is behind the applicant’s. He noted the work was completed without a permit. The walls were raised higher on portions of the garage and are now 9 1/2 ft high where they were
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7 ft high before. There was no problem with the pitch on the garage previously when there was 7 feet of snow 4 years ago. Mr. Dunn noted his concern on fire rated walls with the garage being 3 feet from his property line. He failed to see the need for this extreme pitch on the roof which will block sunlight to his yard and submitted photographs of the work completed.
Mr. O’Brien stated he was unaware a permit was needed to repair the roof. The shed roof was damaged by snow several years ago. There are a number of other garages in the area at least 16 ft in height. The sides were raised on the shed side so that the roof could be the same all the way across. Mr. O’Brien reviewed the sketch and photographs with the Board members.
Mrs. Price asked what type siding was planned for the garage.
Mr. O’Brien stated it would be vinyl to match the house.
Mr. McCabe noted that the applicant needs a variance in order to apply for a building permit. If a building permit is issued, the Code Enforcement Officer will enforce any code regulation as far as construction and fire walls are concerned.
Mr. Bond noted that the only issue before the Zoning Board is the height of the garage. He noted the absence of the Code Enforcement Officer and he would like to discuss this matter with him before rendering a decision.
Motion by Mr. Bond, seconded by Mrs. Rosenswie, to close the public hearing and table this item until the April meeting to give him an opportunity to discuss the situation with the Code Enforcement Officer and view other garages in the immediate area.
Ayes: All Noes: None Motion carried
2006-011 Request of Curt Simonsen for a variance for property located at 491 Potters Road to reduce required 10 parking spaces to existing 4 parking spaces.
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Curt Simonsen, 2 Symphony Circle, Orchard Park, stated the property at 491 Potters Road is on the corner of Potters Road and Tudor and he would like to put his financial planning office downstairs. There is not enough room for the required 10 parking spaces and he only needs 4 spaces for the three people who will be working in the proposed office downstairs.
Mr. Dunn asked if there would be client parking on the property.
Mr. Simonsen stated they go out to the clients, rather than the clients coming to the office. A letter of no objection was submitted from the adjoining neighbor. He stated the office workers will be gone by 5:00 p.m. and they do not work on the weekends. Currently, there is one tenant upstairs who does not drive. If the situation changed and a tenant did drive, there is enough room for another vehicle and adequate parking is also available on Tudor.
Daniel Quinn, 17 Marian Drive, stated he is the current owner of the property. He felt the applicant’s proposal would benefit the property and the surrounding area.
Motion by Mrs. Rosenswie, seconded by Mr. Hughes, to close the public hearing and grant a variance for property located at 491 Potters Road to reduce required 10 parking spaces to the existing 4 parking spaces.
Ayes: All Noes: None Motion carried
2006-012 Request of Donald T. Denz for a variance for property located at 5700 Seneca Street to allow outside patio for serving food and beverages.
Mr. Bond stated this item has been before the Town Board for a special permit and lighting and other issues were addressed at that time.
Donald Denz, 1005 East Main Street, East Aurora, submitted letters of no objection from the adjoining neighbors, and reviewed with the Board members the location of the proposed patio on the first floor for the service of liquor and food. The music will cease at 11:00 p.m. There will be an upper balcony for smoking.
Mr. Bond asked what the time frame was for service of food.
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Mr. Denz stated that time frame would vary, depending on the demand and weather conditions and referred to the drawing which provides seating for 32.
Mr. McCabe noted that the Town has a noice ordinance and it will be enforced whether for music or noise.
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 5700 Seneca Street to allow an outside patio for service of food and beverages.
Mr. McCabe noted that it is the usual practice of the Zoning Board to place a time limit on the service of alcohol.
Mr. Bond noted the distance of adjoining residences from the patio and felt that limiting the service of alcohol until 1:00 a.m. was sufficient.
Motion by Mrs. Rosenswie, seconded by Mr. Dunn, to amend the motion to grant a variance for property located at 5700 Seneca Street to allow an outside patio for serving food and beverages, with the stipulation that service of alcohol is limited to 1:00 a.m.
Ayes: All Noes: None Motion carried
2006-013 Request of Tim & Lisa Smith for a variance for property located at 130 Columbia Parkway to attach pool to deck 0 feet from house (10 foot separation required).
Tim and Lisa Smith 130 Columbia Parkway appeared on their request.
Mr. Dunn asked if the applicants provided a safeguard so that a child could not run out from the house and fall in the pool.
Lisa Smith stated there is a padlocked gate with an automatic closure. Letters of no objection were submitted from the adjoining neighbors at 134 Columbia Parkway, 119 Columbia Parkway and 114 Columbia Parkway.
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No comments were received from the public.
Motion by Mr. Hughes, seconded by Mr. Dunn, to close the public hearing and grant a variance for property located at 130 Columbia Parkway to attach pool to deck 0 feet from house.
Ayes: All Noes: None Motion carried
ADJOURNMENT:
Motion by Mr. Dunn, seconded by Mrs. Rosenswie, 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