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 Mrs. Price, to open the Public Hearing.
Ayes: All Noes: None Motion carried
APPROVAL OF PROOFS OF PUBLICATION:
Motion by Mr. Dunn, seconded by Mrs. Price, to approve the proofs of publication and posting of legal notice.
Ayes: All Noes: None Motion carried
APPROVAL OF MINUTES #2007-02:
Motion by Mr. Dunn, seconded by Mrs. Rosenswie, to approve Minutes #2007-02 of
Ayes: All Noes: None Motion carried
NEW BUSINESS:
2007-006 Request of Edward A. Masterson for a variance for property located at 1535-1545 East & West Road to eliminate required screening.
Mr. Bond noted the absence of the applicant.
Motion by Mr. Dunn, seconded by Mrs. Rosenswie, to adjourn this request until the end of tonight’s meeting.
Ayes: All Noes: None Motion carried
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Page two . . .
2007-011 Request of Richard & Marsha Dubel for a variance for property located at
Marsha Dubel and Richard Dubel,
Richard Dubel stated there is an existing parking pad with stone. Now that sidewalks are being put in, they would like to make the pad more presentable by removing the stone and putting in concrete.
Mr. Hughes questioned the 24 x 15 measurements on the application.
Mr. Dubel stated those are the measurements for the existing pad. The proposed pad will be downsized. He noted there is no parking on the street during the winter months.
Mr. Bond stated everyone in town with a single width driveway has the same problem and failed to see a unique hardship on the part of applicants.
Mrs. Dubel stated their situation is different due to the tenant residing upstairs and in case of an emergency, they would have to move their cars.
Mr. Dunn stated the current situation has existed since the 1960’s and nothing has changed in the last few months to make the situation unique.
Mr. Dubel stated the current pad accommodates two cars. Sidewalks are being put in and they will lose a certain amount of parking pad.
Mr. Bond noted the applicants are already in violation of the town code with the existing parking pad which is not allowed.
Mr. Dubel stated the parking pad has been on the property since they purchased the house.
Mr. Bond stated it is still illegal to park in front of the house and applicants can be cited, whether the parking pad is hard surfaced or not.
Mr. Hughes asked if applicant brought letters from their neighbors.
Mrs. Dubel stated they had letters from neighbors on either side and across the street.
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Mrs. Price asked if there was a variance for the parking pad attached to the deed when applicants purchased the property.
Mrs. Dubel stated there was not.
Mr. McCabe stated the town ordinance does not allow parking in front of the house and applicants are currently in violation of the ordinance. Generally these type requests come before the Board as a result of a neighbor’s complaint and in applicants’ case, no one has complained to date. The other situation occurs when a building permit is being applied for to install the hard surface driveway. Since it is not allowed under the town ordinance, the applicants must apply to the Zoning Board for a variance.
. Motion by Mr. Dunn, seconded by Mr. Bond, to close the public hearing and deny the request for a variance for property located at
On the question, Mr. Bond stated that the standard for granting a variance is based upon a practical necessity. He noted that the current parking situation is not uncommon in that area where there are a number of two-family homes, and the applicant has failed to show any unique hardship. The Zoning Board has uniformly denied requests of a similar nature, other than along the City line where there are no driveways whatsoever.
Ayes: Three (3) Mr. Dunn, Mr. Bond, Mr. Hughes
Noes: Two (2) Mrs. Price, Mrs. Rosenswie Motion carried
2007-012 Request of Laura & Stephen Griffey for a variance for property located at
Stephen and Laura Griffey appeared on the request. Mr. Griffey stated they currently reside in
Letters were submitted from the homeowner to the right. There is vacant property to the left.
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Page four . . .
Motion by Mr. Dunn, seconded by Mrs. Rosenswie, to close the public hearing and grant a variance for property located at
On the question, Mr. Bond cautioned the applicants that they would have to reappear before this Board in the event something unforseen occurred and the driveway could not be installed by June of 2008.
Ayes: All Noes: None Motion carried
2007-013 Request of John & Kim Girard for a variance for property located at
Rusty Funk,
Mr. Bond stated he assumed the 4 ft is being requested so that the applicants can stay in line with the existing house.
Mr. Funk stated that was correct.
Mr. Bond asked if there was a house to the right of applicant and if so, what the distance was from applicant.
Mr. Funk stated the distance was approximately 10 to 14 ft.
Mr. Bond stated the Board likes to see at least 10 ft between properties in case of a fire so that the fire equipment can get through.
Mr. Dunn asked the size of the addition.
Mr. Girard stated the addition was 12 ft by 30 ft.
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
Ayes: All Noes: None Motion carried
2007-014 Request of John Cartonia for a variance for property located at
Ralph Lorigo, Esq.,
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Page five . . .
took down that enclosure and it is now to be open. There will be pillars with an overhead canopy for outside storage under cover, as opposed to the previous inside storage. Applicant realizes he should have come before the Board before taking down the enclosure that was grandfathered in.
Mr. Bond asked if this was actually grandfathered in, or became less due to the taking of the intersection.
Mr. Lorigo stated it was probably both situations. The drawings were reviewed with Board members and Mr. Cartonia described the storage and the open porch areas.
Mr. Dunn asked the width of the previous structure.
Mr. Cartonia stated it was 44 ft wide and 16 ft deep.
Mr. Bond noted that portions of applicant’s property have been taken on more than one occasion to widen the corner.
Mr. Lorigo agreed, and noted that applicant is left with little parking in front, being all flowers and visual. Applicant is requesting the canopy be 25 ft from the front property line as opposed to the 40 ft that is otherwise there and would not have been in conformance at any rate before it was taken down.
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
Mr. Bond noted that the property became non-conforming through no fault of the applicant. Further, the canopy will not interfer with the sight line.
Ayes: All Noes: None Motion carried
2007-006 Request of Edward A. Masterson for a variance for property located at 1535-1545 East & West Road to eliminate required screening.
Motion by Mrs. Rosenswie, seconded by Mr. Bond to remove this item from the table, noting there are members of the public who have an interest in this item and the applicant has not yet arrived.
Ayes: All Noes: None Motion carried
Motion by Mr. Bond, seconded by Mr. Hughes, to table this item until the May meeting with notification sent to applicant that his request may be denied in the event of his failure to appear.
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Page six . . .
Ayes: All Noes: None Motion carried
2007-015 Request of James Wroblewski for a variance for property located at
James Wroblewski,
Mr. Bond noted the variance is not for the location but the height of the building.
Mr. Wroblewski stated he has children at home and would like to put a second floor for storage of pool furniture. The property is 90 ft wide by 900 ft deep with the building approximately 300 ft off the road. The existing shed is packed now and the new shed would be used to store a tractor, lawnmower, snow blower, and other personal items alone. He is not planning to run a business from the shed.
Mr. Hughes asked if it would be used for living space.
Mr. Wroblewski stated it would not; there is power but no heat.
Mr. Czuprynski stated applicant is planning on 9 ft high walls on the side and it will be 13 ft from the floor up to the roof. Normally, it would only be 6 ft so applicant is gaining twice as much space on top. The building actually gives the appearance of a barn.
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: Four (4) Mr. Dunn, Mrs. Price, Mrs. Rosenswie, Mr. Hughes
Motion carried
2007-016 Request of
Michael Grieble,
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Page seven . . .
Mr. Hughes asked if alcohol would be served on the patio.
Mr. Grieble stated it would.
Mr. Bond noted that in the past the Board has set time limits for use of the patio, usually until 11:00 p.m., with no music being allowed.
Mr. Czuprynski asked if there would be a fence around the patio.
Mr. Grieble stated there would be a fence.
Mr. Czuprynski noted there was no exit out of the patio except through the building.
Mr. Grieble stated the patio is off to the right of the entrance to the lounge.
Mrs. Price asked if patrons would be able to exit from the patio to the street.
Mr. Grieble stated that was correct.
Mr. Czuprynski stated there is usually a fence around a patio such as this so that the only exit is through the building, and that is to prevent patrons from taking alcohol off the premises.
Mr. Grieble stated there is only one entrance to the patio and the
Barbara Malyak,
Mr. Bond noted the patio is planned for the front which is the parking lot area and approximately 150 ft from
Mr. Griebel stated he planned on four tables.
Mr. McCabe noted the size of the patio is in line with what the Zoning Board has approved in the past.
Motion by Mrs. Rosenswie, seconded by Mr. Hughes, to close the public hearing and grant a variance for property located at
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1. No music is allowed;
2. Patio cannot be utilized any later than 11:00 p.m.
Ayes: Four (4) Mrs. Rosenswie, Mr. Hughes, Mrs. Rosenswie, Mrs. Price.
Noes: One (1) Mr. Dunn Motion carried
2007-017 Request of Dan Reidy for a variance for property located at
Dan Reidy, 53 East Royal Hill,
Mr. Hughes asked what the sign would be used for.
Mr. Reidy stated the sign is for his company name.
Mr. Dunn stated his concern for visibility when pulling out of the driveway and asked how far back from the street the sign would be.
There is a driveway to the right of the sign as you’re facing it and the sign will be approximately 40 ft from the paved portion.
Mr. Dunn noted the street actually ends there.
Mr. Czuprynski stated there is no street to the right so the sign does not block the vision of traffic.
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
ADJOURNMENT:
Motion by Mr. Dunn, seconded by Mrs. Rosenswie, to close the public hearing and adjourn the meeting (8:00 p.m.).
Respectfully submitted,
Patricia C. DePasquale, RMC/CMC, Secretary