Zoning Board of Appeals Minutes

WEST Seneca TOWN OFFICES            WEST SENECA ZONING BOARD

1250 Union Road                                Minutes #2007-5

West Seneca, NY   14224                   June 27, 2007

 

 

The regular meeting of the Zoning Board of Appeals of the Town of West Seneca was called to order by Chairman William Bond on Wednesday, June 27, 2007 at 7:00 P.M. followed by the Pledge of Allegiance.

 

ROLL CALL:           Present    -   William Bond, Chairman

Penny K. Price

Daniel P. Dunn

Sandra Giese Rosenswie

Michael Hughes

                   Paul Notaro, Deputy Town Attorney

                                                William Czuprynski, Code Enforcement Officer

 

 

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

 

Motion by Mr. Hughes, seconded by Mrs. Price, to approve Minutes #2007-4 of May 23, 2007.

 

Ayes: All                          Noes: None                      Motion Carried

 

OPENING OF PUBLIC HEARING

 

          Motion by Mr. Dunn, seconded by Mrs. Price, to open the Public      Hearing.

 

          Ayes:  All                         Noes: None                     Motion Carried

 

2007-042     Request of Heritage Fence for a variance for property located at 323 Borden Road to erect a 6 ft fence in side yard.

 

 

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West Seneca, NY   14224                           June 27, 2007

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                   Mr. Bond stated that the secretary for the Zoning Board received communication from applicant requesting this request for a variance be withdrawn.

 

                   Motion by Mr. Dunn, seconded by Mr. Hughes, to table this item indefinitely.

 

                   Ayes:  All                Noes: None                     Motion carried

 

2007-051     Request of Donald Grasso for an appeal of decision of Code Enforcement Officer for the issuance of building permit for property located at 2448-2869 Clinton Street.

 

                   Mr. Bond stated that a request was received from the attorneys of Canisius High School, owners of the property in question,       requesting this matter be tabled.  They would like an opportunity to        address the issues raised by the applicant and are unable to attend           tonight’s meeting.

 

                   Mr. Notaro stated he spoke with R. J. Stapell, the attorney   representing Canisius High School, who has agreed to do no further          construction, other than some site work, until this matter is heard       before the Zoning Board at the next meeting.

 

                   Motion by Mr. Hughes, seconded by Mr. Dunn, to table this item     until the next meeting, with the understanding that no further   construction be allowed prior to this matter being heard.

 

                   Ayes:  All                Noes: None                     Motion carried

 

TABLED ITEMS

 

2007-026     Request of Wayne Ladowski for a variance for property located at 432-440 Lein Road to add 10 ft to 432 Lein Road; demolish house

                   at 440 Lein Road and use as flag lot with 60 ft frontage (acre required for flag lot).

 

                  

WEST SENECA TOWN OFFICES                   ZONING BOARD OF APPEALS

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West Seneca, NY   14224                           June 27, 2007

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                   Motion by Mr. Hughes, seconded by Mr. Bond, to remove this item from the table.

 

                   Ayes:  All                Noes: None                     Motion carried

 

                   Mr. Bond noted the absence of applicant at tonight’s meeting.

 

                   Motion by Mr. Dunn, seconded by Mr. Bond, to close the public hearing and deny the request of applicant for a variance for property located at 432-440 Lein Road to add 10 ft to 432 Lein Road; demolish house at 440 Lein Road and use as flag lot with 60 ft frontage.

 

                   Ayes:  All                Noes: None                     Motion carried

 

2007-029     Request of Cynthia Rosati for a variance for property located at 146 Kelsey Drive to allow stone parking area in front yard setback.

 

                   Cynthia Rosati, 146 Kelsey Drive, stated that when she purchased this home last year, the stone parking area was in place and she was unaware it was not allowed until a neighbor complained.  There are four vehicles at the residence, although they are seldom parked there during the day. 

 

                   Mr. Bond noted that the survey reflects 59.7 ft between the garage and the property line and another 4 to 5 ft to the concrete walk.  He questioned why the cars could not be parked in the driveway without hanging over the sidewalk.

 

                   Ms. Rosati stated the cars do hang over the sidewalk.  The garage is a one-car garage with screening on the side for a sitting room.  The garage is used for storage of a lawn mover and other items and is not used for a vehicle.  It is difficult moving the vehicles because she starts work at 7:00 a.m. and her sister starts at 6:00 a.m.

 

                  

 

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West Seneca, NY   14224                           June 27, 2007

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                   Motion by Mr. Dunn, seconded by Mr. Bond, to close the public hearing and deny the request for a variance for property located at 146 Kelsey Drive to allow stone parking area in front yard setback.

 

                   Ayes:  Three (3)      Mr. Dunn, Mr. Bond, Mr. Hughes

                   Noes: Two    (2)     Mrs. Price, Mrs. Rosenswie         Motion carried

 

IV.     NEW BUSINESS

 

2007-031     Request of First Baptist Church for a variance for property located at 511 Union Road to allow oversized sign without sufficient ground clearance.

                  

                   Bernard Wells, First Baptist Church, stated the proposal is to replace the existing deteriorated sign with a new 40 sq ft sign which would match the pillars at the entrance and similar to the Houghton College entrance.  It would also be the same distance back from the right-of-way, a minimum of 10 ft.  Letters of no objection were submitted from 296 Reserve Road, 513 Union Road and 2 Timothy Court, representing neighbors to the north, the south and across the street.

 

                   Mr. Bond asked the distance of the right-of-way to the paved portion.

 

                   Mr. Wells responded that he did not have that information at hand.

 

                   Mr. Bond stated Union Road is most likely 60 ft.

 

                   Mr. Wells stated the width does vary in that area.  The sign will be at least 15 ft from the sidewalk.

 

                   Mr. Bond stated the usual concern of this Board is visibility when pulling out of the parking lot, but this appears to be at least 25 ft back from the paved portion and 40 ft or so from the entrance.

 

                   Mr. Wells stated that was correct.

 

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                   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 511 Union Road to allow oversized sign without sufficient ground clearance.

                   Ayes:  All                Noes: None                     Motion carried

 

2007-032     Request of Alfred & Cynthia Bean for a variance for property located at 282 Allendale Road to erect addition to garage 3 1/2 ft from side yard setback (5 ft required).

 

                   Alfred Bean, 282 Allendale Road, stated the proposal is for an extension of the garage by 20 ft. which will be kept in line with the original garage.  Letters of no objection were submitted from 274 Allendale Road and 282 Allendale Road.

 

                   Mr. Bond asked if there was a house on the other side of the property line.

 

                   Mr. Bean stated there was.

 

                   Mr. Bond noted that it appears there is at least 10 ft to the next closest building.

 

                   Mr. Bean stated that was correct.

 

                   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 282 Allendale Road to erect addition to garage 3 1/2 ft from side yard setback.

 

                   Ayes:  All                Noes: None                     Motion carried

                            

2007-033     Request of Patricia R. Bouchard for a variance for property located at 21 Bellwood Avenue to replace wood front porch 9.5 ft from front property line (30 ft required).

WEST SENECA TOWN OFFICES                   ZONING BOARD OF APPEALS

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West Seneca, NY   14224                           June 27, 2007

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                   Patricia Bouchard, 21 Bellwood Avenue, stated the property was purchased three years ago and later discovered that the porch was rotting from carpenter ants.  At first the roof was just going to be repaired but the deck needed to be replaced too, so everything was taken down except the original foundation walls.  It will not be extended out any farther. 

 

                   Mr. Dunn asked if the original deck was two levels and if the new deck would remain in the same footprint.

 

                   The applicant stated that was correct.  Letters of no objection from 17 Bellwood and 30 Bellwood were submitted.

 

                   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 21 Bellwood Avenue to replace wood front porch 9.5 ft from front property line.

 

                   Ayes:  All                Noes: None                     Motion carried

 

2007-034     Request of Warren & Lynn Hoffman for a variance for property located at 81 Heather Hill Drive to erect permanent structure to cover front entrance porch 21 ft from front property line (30 ft setback required).

 

                   Warren Hoffman, 81 Heather Hill Drive, stated his proposal is to put a cover over the front porch to make the stoop less slippery and a railing so that older people enter and exit more easily.  Letters of no objection from 77 Heather Hill and 85 Heather Hill were submitted.

 

                   Mr. Bond asked if there was an existing porch. 

 

                   Mr. Hoffman responded there was a concrete stoop now, and he would not be extending the proposed porch out any farther.

 

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                   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 81 Heather Hill Drive to erect permanent structure to cover front entrance porch 21 ft from front property line.

 

                   Ayes:  All                Noes: None                     Motion carried

 

2007-035     Request of Bernard & Michalina Ryan for a variance for property located at 285 Covington Drive to build deck 2 ft 6 in from garage (10 ft required).

 

                   Bernard and Michalina Ryan, 285 Covington Drive, appeared on the request.  There is an existing deck with the stairs and entrance extending down to the driveway where it’s a blind entrance from incoming cars to the garage.  Mr. Ryan stated they would like to extend out to have the exit right at the garage which takes it less then 10 ft between the garage and the deck.  Letters of no objection from 281 Covington, 291 Covington and 310 Tudor Boulevard were submitted.

 

                   Mr. Hughes asked if the Jacuzzi was still there.

 

                   Mr. Ryan stated it was, although moved down toward the garage.

 

                   Mr. Bond asked how far the deck will extend beyond the house.

 

                   Mr. Ryan stated the deck will extend 16 ft.  The initial 12 ft is what places the deck close to the garage.  Currently, it’s 16 ft which takes it up to the garage and they plan going another 10 ft beyond that on a lower level deck.

 

                   Mr. Dunn noted that the fire department would not be able to access the property in the event of a fire in the shed or Jacuzzi.

 

                   Mr. Bond stated access in the event of a fire is always a concern.  The ordinance requires 10 ft and applicant is requesting 2.6 ft.  He

WEST SENECA TOWN OFFICES                   ZONING BOARD OF APPEALS

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West Seneca, NY   14224                           June 27, 2007

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                   suggested altering the plan to angle away from the garage to allow for more distance between the garage and deck.

 

                   Mr. Ryan stated he would be able to allow for an additional 2 ft and reviewed the proposed plan and alteration with the Board members, and was agreeable to staying 5 ft from the garage.

 

                   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 285 Covington Drive to build deck within the required 10 ft distance to garage, on the condition that the deck and all levels be a distance of at least 5 ft from the garage. 

 

                   Ayes:  All                Noes: None                     Motion carried

 

2007-036     Request of Nick Croglio for a variance for property located at 31 Marilyn Drive to install fence in exterior side yard to replace existing hedge row.

 

                   Nick Croglio, 31 Marilyn Drive, stated his proposal is to replace the existing hedge row with a 6 ft fence.  The hedge was damaged in the October storm and is now too far into the neighbor’s property.  They were planted approximately 30 years ago on the property line and now are 4 ft on each side, making it tight for the adjoining neighbor.

 

                   Mr. Bond asked if the applicant intending installing the fence on the property line.

 

                   Mr. Croglio responded it would be on three quarters of the property.  The other hedge row on the back is still in good condition.  On the sidewalk side of the property, the fence would be about 3 ft off the sidewalk. 

 

                   Mrs. Price asked how far back the fence would be from the Marilyn curve of the road.

WEST SENECA TOWN OFFICES                   ZONING BOARD OF APPEALS

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West Seneca, NY   14224                           June 27, 2007

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                   Mr. Croglio stated it will only go up to the garage.  It will not make the turn.  It will extend from the back of the garage to the end of the property line and then across to the adjoining neighbors.  The applicant explained the exact location of the fence on the survey to the Board members. 

 

                   Ron Cicero, 33 Marilyn, stated he in favor of applicant’s request.  The applicant’s back yard is alongside his yard.  The existing bushes are huge and the fence will look much better.

 

                   Motion by Mrs. Rosenswie, seconded by Mr. Bond, to close the public hearing and grant a variance for property located at 31 Marilyn Drive to install fence in exterior side yard to replace existing hedge row.

 

                   On the question, Mr. Dunn noted a variance would not be necessary if applicant’s property was in the middle of the block and the requested fence will not block the sight line of vehicles coming around the corner. 

 

                   Ayes:  All                Noes: None                     Motion carried

 

2007-037     Request of Beatrice Graham for a variance for property located at 139 Laurelton Drive to allow rental of rooms at residence to four families, decrease parking and allow parking 10 ft in front of garage.

 

                   Beatrice Graham, 139 Laurelton Drive, stated she would like to have several woman live with her at her residence.  She has a three bedroom split level home and a partially finished garage.

 

                   Mr. Bond asked if it was her intention to rent rooms.

 

                   Ms. Graham stated that was correct, but only to persons, not families.

 

                   Mrs. Price asked how many people the applicant would be renting rooms to.

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West Seneca, NY   14224                           June 27, 2007

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                   Ms. Graham stated whatever the Board allowed, one, two or three at the most.  She is gone most of the winter and this would help with covering the home while she was gone.

 

                   Mrs. Price asked how many rooms would be rented out.

 

                   Ms. Graham stated three rooms.

 

                   Mr. Czuprynski stated the property was zoned residential for single family homes only.  The applicant converted the attached garage into a living area which actually took a parking space and now the applicant has no parking.  It still has a garage door on it but the garage is finished.

 

                   Mr. Hughes asked if applicant planned on using the garage for rental space.

 

                   Ms. Graham stated it would be rented.  A letter of no objection was submitted from 145 Laurelton Drive.

 

                   Richard Olma and Paula Olma, 133 Laurelton Drive, appeared in opposition to the applicant’s request.  Mr. Olma stated all the houses in the subdivision are single family homes.  The applicant has three renters currently in the home.  The garage has been converted into an apartment, the basement has been converted into an apartment and claimant is renting a room on the second floor to a woman with a dog. 

 

                   Motion by Mr. Dunn, seconded by Mr. Hughes, to close the public hearing and deny the request of applicant for a variance for property located at 139 Laurelton Drive to allow rental of rooms at residence to four families, decrease parking and allow parking 10 ft in front of garage.

 

                   On the question, Mr. Dunn stated he was against rooming houses being allowed in a residential district with single family homes.

 

                  

WEST SENECA TOWN OFFICES                   ZONING BOARD OF APPEALS

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West Seneca, NY   14224                           June 27, 2007

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                   Mr. Bond stated there did not appear to be any reason for the variance other than financial benefit to the applicant and it did not fit into the character of the neighberbood.

 

                   Ayes:  All                Noes: None                     Motion carried

                  

2007-038     Request of James Siwy for a variance for property located at 183 Pinewood Drive for a reduction in the front yard setback from 25 ft to 24 ft.

 

                   James Siwy, 151 Bronx Drive, Cheektowaga, stated an error was made at the time the foundation was put in for the house.  He was unable to obtain a letter from the adjoining neighbor since he works the second shift.

 

                   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 183 Pinewood Drive for a reduction in the front yard setback from 25 ft to 24 ft.

 

                   Ayes:  Four (4)        Mr. Hughes, Mrs. Rosenswie, Mrs. Price, Mr. Bond

                   Noes: One  (1)       Mr. Dunn                         Motion carried

 

2007-039     Request of John & Kathie Gullo for a variance for property located at 1138 Center Road to reduce bulk area of flag lot and reduce lot width at road.

 

                   John Gullo and Kathie, 8 Cathedral Drive, appeared on the request.  Mr. Gullo stated a reduction on the bulk area for the flag lots at 1138 Center Road is being requested.  The property will be used for their own personal residences, including himself and his brother.  They both require first floor bedrooms and he would like to remain in the fire district he is currently protecting.  A letter stating no objection and containing the signatures of adjoining neighbors was submitted.

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                   Mrs. Price asked if these would be two flag lots; one with a 38 ft driveway and one with a 37 ft driveway.

 

                   Mr. Gullo stated that was correct.

 

                   Mr. Bond commented that 40 ft was required for the drives, but the larger issue was the bulk area requiring an acre in the rear which applicant does not have.   

                  

                   No comment was 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 1138 Center Road to reduce bulk area of flag lot and reduce lot width at road.

 

                   Ayes:  Four (4)        Mr. Dunn, Mrs. Price, Mrs. Rosenswie, Mr. Hughes

                   Abstaining: (1)       Mr. Bond stated he would be abstaining from the vote due to his personal relationship with applicant.

 

 2007-040    Request of William Hamm, Will Enterprises, for a variance for property located at 180 French Road to erect garage higher than allowed.

                  

                   William Hamm, 5260 Powers Road, Orchard Park, stated he is the general contractor on the project of Matthew’s Cemetery.  There is an existing garage on the property which will be demolished and replaced with a garage for storage of equipment to maintain the cemetery.  The proposed garage will have 14 ft side walls. The height is needed in order to have high enough doors to get the equipment in. 

 

                   Mr. Dunn asked if there were private residences on the lot between this building and Clinton Street.

 

                   Mr. Hamm stated there were and submitted letters of no objection form 2628 Clinton Street and 2636 Clinton Street.

 

WEST SENECA TOWN OFFICES                   ZONING BOARD OF APPEALS

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West Seneca, NY   14224                           June 27, 2007

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                   Mr. Hughes asked if the proposed garage will be put on the same footprint as the existing garage.

 

                   Mr. Hamm stated it would and the proposed garage would actually be smaller than the existing one.

 

                   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 180 French Road to erect garage higher than allowed.

 

                   Ayes:  All                Noes: None                     Motion carried

 

2007-041     Request of George Misiak for a variance for property located at 135 Edson Street to erect a 6 ft fence in side yard.

 

                   George Misiak, 141 Edson Street, stated he is requesting a 6 ft wood privacy fence to keep children out.  Last year the siding of his house was burned and he would like to prevent another occurrence.

 

                   Mr. Hughes asked why a 6 ft fence was needed.

 

                   Mr. Misiak stated it was easier for kids to scale a 4 ft fence.

 

                   Mr. Bond noted that from the survey, the fence will go back 15 ft. from the lot line.

 

                   Mr. Misiak stated that was correct, and from the house it would be 9 ft so not to block the view when cars back out of the driveway.  He had no letters from the neighbors.  Applicant then reviewed the proposal with the Board members.

 

                   Mr. Dunn asked if any part of the fence would be connected to the house.

 

                  

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                   Mr. Misiak stated it would abut the house, but not connect to it.  He also submitted photos for the Board members to review.

 

                   Mr. Czuprynski stated that after a review of applicant’s survey, it appears the street was put in backwards.  The error was pointed out to applicant and the Board members.  He also noted that the photographs presented were actually of another property.

 

                   No comments were received from the public.

 

                   Motion by Mr. Dunn, seconded by Mr. Hughes, to close the public hearing and deny the request of applicant for a variance for property located at 135 Edson Street to erect a 6 ft fence in side yard.

 

                   On the question, Mr. Dunn noted that the photographs presented showing the same type fence on other properties in the area reflect exactly what the town would not want to see erected so close to the street.

 

                   On the question, Mr. Bond stated he saw no hardship on the part of applicant to allow a 6 ft fence.

 

                   Ayes:  All                Noes: None                     Motion carried

 

2007-043     Request of James M. Kuc for a variance for property located at 75 Osgood Avenue to erect a 6 ft high fence in exterior side yard setback.

                  

                   James M. Kuc, 75 Osgood Avenue, stated he would like to erect a 6 ft privacy fence to prevent kids from entering the yard and so that he can adequately utilize his back yard.  He would like to extend out an additional 14 ft, for a total of 24 ft.  Letters of no objection from 51 Cathedral Drive, 59 Cathedral Drive and 62 Cathedral Drive.

 

                   Mr. Bond asked if the 6 ft fence was planned for across the entire back yard.

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                   Mr. Kuc stated that was correct.  There is an existing fence there now and will extend from the front corner of the house and even with the house. 

 

                   Mr. Czuprynski stated a 4 ft fence would be allowed if the requirements for an exterior side yard were met.  It’s allowed to project 10 ft into the exterior side yard with a 4 ft high fence.

 

                   Mr. Bond noted that the request is to project 24 ft with a 6 ft high fence. 

 

                   Mrs. Price asked the applicant if he had considered a 4ft fence and then graduate up to a 6 ft fence at the end of the house.  Mr. Kuc reviewed the plan with the Zoning Board members and stated he would be agreeable with this proposal.

 

                   Mr. Dunn noted that a 6 ft fence in front of the house has an appearance of a fort.

 

                   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 75 Osgood Avenue for a 4 ft high fence extending 24 ft across Osgood and then to the back of the house, and then graduate up to 6 ft high fence from the rear of the house to the rear property line. 

 

                   Ayes:  All                Noes: None                     Motion carried

 

2007-044     Request of JGD Associates, Inc. for a variance for property located at 1442 Union Road to allow relocation of existing non-conforming sign; allow new sign which exceeds allowed area; and allow building sign to project over facade.

 

                   Stephen Webster, JGD Associates, Inc., 92 Moore Road, Avon Lake, Ohio, presented photographs of the two proposed signs identifying Sunoco with the price of the gas.  The photos and plan was reviewed with the Zoning Board members.  The existing sign with

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                   the Sunoco logo, the A+ logo and prices will be relocated to a site along Center Road with an additional 70 sq ft sign to be installed on the southerly property line.  The identification signs will be similar to the Mobil signs across the street.

 

                   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 1442 Union Road to allow relocation of existing non-conforming sign; allow new sign which exceeds allowed area; and allow canopy building sign to project 2 ft over facade.

 

                   Ayes:  Four   (4)     Mr. Dunn, Mrs. Price, Mr. Bond, Mr. Hughes

                   Noes: One    (1)     Mrs. Rosenswie                 Motion carried

                  

2007-045     Request of Charles Mager/Gary Mack for a variance for property located at 3373-3385 Clinton Street, Lot #29 to erect a 6 ft fence on east side of Lot #29 and place a 4 ft x 6 ft lighted sign at 3373 Clinton Street.

 

                   Charles Mager, 3373 Clinton Street, stated a 6 ft privacy fence is proposed for the east side of Lot #29 to shield the neighboring house from headlights, 50 ft back from the street.  The second request is to replace the 5 ft x 10 ft sign on the side of the building with a 4 ft x 6 ft sign on the front of the property.

 

                   Mr. Czuprynski stated the property is zoned residential and allowed a 1 ft x 3 ft sign.  If the property was zoned commercial, a pedestal sign or a free standing sign would be allowed, 20 sq ft if up to the front property line, or a 40 sq ft sign if 10 ft away from the property line and no more than 12 ft high. 

 

                   Mr. Bond noted this was a non-conforming use.  The new sign at the entrance is 4 ft x 6 ft, or 24 sq ft. and asked if that size sign would be allowed in a commercial district.

 

                  

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                   Mr. Czyprynski responded not in its present location.  It would have to be pushed back 10 ft from the property line and at least 8 ft off the ground.  20 sq ft is the maximum that can be allowed in this particular location.

 

                   Mr. Mager pointed out that the actual signage is less than 20 sq ft.  It’s the decoration at the top that makes the sign 24 sq ft.

 

                   Mr. Dunn noted this is an established business that has been there for a number of years and felt it was encouraging that they are actually going down from a 5 ft x 10 ft sign to a 4 ft x 6 ft sign.

 

                   Brian Doster, 3361 Clinton Street, asked if the sign was actually bening planned for 3373 or 3365.

 

                   Mr. Mager responded 3373 Clinton. 

 

                   Mr. Doster objected to any variance being granted until the applicant comes in compliance with the grading and seeding of the land at 3365 Clinton, as mandated by this Board and the Town Engineer.  That has not been done yet and they are taking away the sound barrier mandated by this Board for their commercial advertising.  They are selling signs and placing them along the fence for advertising purposes. 

 

                   Mr. Bond stated that would be an issue for the Code Enforcement Officer to address.

 

                   Mr. Dunn asked if the signs can only be seen from the inside of the parking lot.

 

                   Mr. Doster stated that was correct.

 

                   Mr. Magner stated they are small signs, 10 x 15, advertising the people who have helped do some of the work in the business.  Some are on the fence and some are in the ground, similar to election signs.

 

WEST SENECA TOWN OFFICES                   ZONING BOARD OF APPEALS

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West Seneca, NY   14224                           June 27, 2007

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                   Mr. Doster stated his concern is with the lighting, not the sign itself.  With the driveway put in, there are three pedestal lamp posts with three lights apiece and all of the lighting from the west side of the building now faces his property.  If the sign was designed with the light coming in, rather than shining out, he would have no objection because the light would be shining on the applicant’s property and not his. 

 

                   Mr. Mager stated there will be lights in the sign.  The lights will be interior and shining inside out, similar to the sign on Mackie’s.

 

                   Mr. Bond asked Mr. Czuprynski is there was anything in the ordinance dealing with candle power.

 

                   Mr. Czuprynski stated there was a similar situation down the street where there was a 4 ft x 8 ft illuminated sign erected.  The woman across the street, complained that it was illuminating her living room.  The street light was actually giving out more candle power than what this sign was. 

 

                   Mr. Doster stated he is not objecting to a sign, but to the amount of light that will be shining into his yard.

 

                   Motion by Mr. Bond, to close the public hearing and grant a variance for property located at 3373-3385 Clinton Street, Lot #29 to erect a 6 ft fence on the east side of Lot #29 and to place a 4 ft x 6 ft lighted sign at 3373 Clinton Street on the condition that the illumination from that sign does not project off the property.

 

                   Mr. Czuprynski stated that was not possible; that the moment you can see the lighting, it is illuminationg on someone else’s property.

                   If Mr. Doster can see it on his property, that means the light is projecting onto his property.  Light travels outward and at this point it would impossible to determine the amount of light that will travel outward from this particular sign.

 

                   Mr. Bond withdrew the motion.  He asked how long this sign would be lit at night.

WEST SENECA TOWN OFFICES                   ZONING BOARD OF APPEALS

1250 Union Road                                       Minutes #2007-05

West Seneca, NY   14224                           June 27, 2007

                                                                   Page nineteen . . .

 

 

                   Mr. Mager responded that the sign would be lit until approximately 2:00 a.m.  He owns the property at 3369 Clinton and there is 50 ft before it reaches Mr. Doster’s property.  The amount of light shining on Mr. Doster’s property would be minimal.

 

                   Mr. Doster stated the applicant is requesting a 6 ft fence on the east side of the property in order to diminish the amount of lighting that neighbor is exposed to; yet he is not afforded the same courtesy.

 

                   Mr. Dunn asked if there was a 6 ft fence on Mr. Doster’s side.

 

                   Mr. Doster stated there is, but the fence does not extend all the way out.

 

                   Mr. Bond asked if he wanted a 6 ft fence all the way out to the street.

 

                   Mr. Doster responded that he did not want any more light on his property.

 

                   Barry Skoney, 517 Seneca Creek Road, stated his is an electrician and suggested putting shields on the lower half to deflect away rather than shining on the next door property.  There will be illumination no matter what, but the amount can be decreased by the size of the wattage of the lamps.

 

                   Motion by Mr. Dunn, seconded by Mr. Bond, to close the public hearing and grant a variance for property located at 3373-3385 Clinton Street, Lot #29 to erect a 6 ft fence on the east side of Lot #29 and to place a 4 ft x 6 ft lighted sign at 3373 Clinton Street.

 

                   On the question, Mr. Dunn felt the amount of light cast from the sign will be negligible as compared to the street light between the two properties and the privacy fence will be helpful to the neighbor on the other side.

 

                   Ayes:  All                Noes: None                     Motion carried

WEST SENECA TOWN OFFICES                   ZONING BOARD OF APPEALS

1250 Union Road                                       Minutes #2007-05

West Seneca, NY   14224                           June 27, 2007

                                                                   Page twenty . . .

 

 

2007-046     Request of Barbara Bickelman for a variance for property located at 15 Mayfield Court to build deck out the rear into the 30ft rear yard setback.

 

                   Barbara Bickleman, 15 Mayfield Court, stated the fields are behind her residence, she has a letter of permission from the Homeowner’s Association, and has signatures from the homeowners at 11 Mayfield Court and 17 Mayfield Court, stating no objection.

 

                   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 15 Mayfield Court to build deck out the rear into the 30ft rear yard setback.

 

                   Ayes:  All                Noes: None                     Motion carried

 

2007-047     Request of David H. Guenther for a variance for property located at 11 Mayfield Drive to build deck out the rear into the 30 ft rear yard setback.

 

                   David Guenther, 11 Mayfield Drive, stated the fields are behind his residence, he has a letter of permission from the Homeowner’s Association, and has signatures from the homeowners at 9 Mayfield Drive and 15 Mayfield Drive, stating no objection.

 

                   No comments were received from the public.

 

                   Motion by Mr. Bond, seconded by Mr. Dunn, to close the public hearing and grant a variance for property located at 11 Mayfield Court to build deck out the rear into the 30ft rear yard setback.

 

                   Ayes:  All                Noes: None                     Motion carried

 

2007-048     Request of NAS Quick Sign for a variance for property located at 4256 Seneca Street to erect monument sign at ground level.

 

WEST SENECA TOWN OFFICES                   ZONING BOARD OF APPEALS

1250 Union Road                                       Minutes #2007-05

West Seneca, NY   14224                           June 27, 2007

                                                                   Page twenty-one . . .

 

 

                   Paul Strada, NAS Quick Sign, 1628 Elmwood Avenue, representing Financial Trust Federal Credit Union, stated the request is to replace the existing ground sign at 4257 Seneca Street with a monument sign at ground level. 

 

                   Mr. Czuprynski stated the message part of the sign has already been approved by the Town Board and applicant is before this Board for the size and location of the sign. 

 

                   Mr. Strada stated the proposal is to move the sign a little closer to the middle of the property to alleviate the problem of people being able to see as they pull in and out of the property.   The location of the sign was reviewed with the Zoning Board, as sell as a rendering of the proposed sign.

 

                   No comments were received from the public.

 

                   Motion by Mr. Bond, seconded by Mr. Dunn, to close the public hearing and grant a variance for property located at 4256 Seneca Street to erect monument sign at ground level.

 

                   Ayes:  All                Noes: None                     Motion carried

 

2007-049     Request of Michael Khoury for a variance for property located at 2 Sunset Creek Drive to erect a 6 ft fence in exterior side yard.

 

                   Michael Khoury, 2 Sunset Creek Drive, stated his lot is on a corner                     and is requesting a 6 ft fence to allow for a larger side yard. 

 

                   Mr. Bond referenced an earlier request before the Board, noting that his request is similar.  He asked applicant if he would be agreeable to a 4 ft fence across the side yard to the back of the house and then 6 ft starting at the rear of the house and back. 

 

                   Mr. Khoury stated he was agreeable.

 

                   No comments were received from the public.

 

WEST SENECA TOWN OFFICES                   ZONING BOARD OF APPEALS

1250 Union Road                                       Minutes #2007-05

West Seneca, NY   14224                           June 27, 2007

                                                                   Page twenty-two . . .

 

 

                   Motion by Mr. Dunn, seconded by Mr. Hughes, to close the public hearing and grant a variance for property located at 2 Sunset Creek Drive to erect a fence 4 ft in height from where it connects to the corner of the house, at least 15 ft from the front property line, and then easterly until it reaches a point parallel with the back corner of the house and then graduating to a 6 ft for the remainder of the distance along Orchard Park Road. 

 

                   Ayes:  All                Noes: None                     Motion carried

 

2007-050     Request of Barry & Jennifer Skoney for a variance for property located at 517 Seneca Creek Road to extend side of house 30 ft from front property line (40 ft required).

 

                   Barry Skoney, 517 Seneca Street, stated he would like to erect an addition off the side of his house even with the front of the façade, extending out 12 ft westerly and then 25 ft to the south.  The addition will be used for a family room.  Letters of no objection were submitted from 499 Seneca Creek Road, 500 Seneca Creek Road, 520 Seneca Creek Road, 521 Seneca Creek Road and 530 Seneca Creek Road.

 

                   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 517 Seneca Creek Road to extend side of house 30 ft from front property line.

 

                   Ayes:  All                Noes: None                     Motion carried

 

ADJOURNMENT:

 

                   Motion by Mrs. Price, seconded by Mr. Bond, to close the public hearing and adjourn the meeting (9:15 p.m.).

 

 

 

WEST SENECA TOWN OFFICES                   ZONING BOARD OF APPEALS

1250 Union Road                                       Minutes #2007-05

West Seneca, NY   14224                           June 27, 2007

                                                                   Page twenty-three . . .

 

 

Respectfully submitted,

 

 

 

Patricia C. DePasquale, RMC/CMC

Secretary