Zoning Board of Appeals Minutes

WEST SENECA TOWN OFFICES          WEST SENECA ZONING BOARD

1250 Union Road                                Minutes #2007-06

West Seneca, NY   14224                   July 25, 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, July 25, 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. Rosenswie, to approve Minutes #2007-05 of June 27, 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

 

          Chairman Bond stated that Item #2007-055 will be taken out of order to accommodate the applicant who is a police officer and on his lunch break.

 

 

 

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West Seneca, NY   14224                           July 25, 2007

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2007-055    Request of Nicholas Adinolfi for a variance for property located at 824 Orchard Park Road to erect addition to rear of existing house 15 ft from rear and 4.39 ft from side yard.

 

                   Mr. Adinolfi stated he would like to erect a 2000 sq ft addition to his house.

 

                   Mr. Bond noted the reason for the requested variance is that applicant would like the edition to be within 15 ft of the rear yard.  He noted that looking at the survey with one inch equaling 20 ft, the drawing on the survey shows the addition to be 30 ft, in which case a variance would not be needed.  Then taking into account the request to be 15 ft from the rear yard line, another 1 ½ inches would need to be added to the diagram.  He felt this was quite a large addition and noted the applicant listed maximum use of the pool and increase in the value of the home as reasons for the variance. 

 

                   Mr. Hughes asked the current square footage of the house.

 

                   Mr. Adinolfi stated his house is 1700 sq ft and the reason for going back the distance indicated was to cover the pool.

 

                   Mr. Dunn asked if applicant intended on enclosing the pool.

 

                   Mr. Adinolfi responded that he was.

 

                   Mr. Bond asked if the pool would be enclosed by the addition.

 

                   Mr. Adinolf stated that was correct.  The pool is not existing but is planned for part of the addition. 

 

                   Mrs. Price asked the applicant what else was planned for the addition.

 

                   Mr. Adinolfi stated that he was planning a family room and workout room also.

 

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                   Mr. Bond asked the applicant if he would be willing to accept less than what he was asking for.  The ordinance requires 30 ft and applciants wishes to be 15 ft from the rear yard line and asked if 25 ft would be acceptable.

 

                   Mr. Dunn noted that the plan could be reconfigured so that the hot tub was moved to the side and the pool shifted over. 

 

                   Mr. Adinolfi stated he could make those adjustments.  Letters of no objection were submitted from residents at 860 Orchard Park Road, 810 Orchard Park Road and 816 Orchard Park Road.

 

                   No comments were received from the public.

 

                   Mr. Bond noted the side yard requirement is 5 ft and applicant is requesting 4.39 and stated a variance would not be required if the applicant revised his plan and stayed 5 ft from the side yard.

 

                   Mr. Adinolfi stated he would be willing to do that also.

 

                   Mr. Bond asked what was behind applicant’s property.

 

                   Mr. Adinolfi stated there is only a creek which is about 250 yards back.

 

                   Motion by Mr. Bond, seconded by Mr. Dunn, to close the public hearing and grant a variance for property located at 824 Orchard Park Road to erect addition to rear of existing house 25 ft from the rear property line, with no variance being granted for the side property line. 

 

                   Ayes:  All                Noes: None                     Motion carried

                  

TABLED ITEM:

 

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.

WEST SENECA TOWN OFFICES                   ZONING BOARD OF APPEALS

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

 

                   Ayes:  All                Noes: None                     Motion carried

           

                        Mr. Bond explained that he would be allow the applicant to state                       his case on why he believes the Code Enforcement Officer’s                                  decision to issue a building permit is wrong.   Then the Code                              Enforcement Officer will have an opportunity to explain his decision           and allow Canisius High School an opportunity to respond as an                         interested party.

 

                   Donald Grasso, 64 Lexington Green, submitted a written presentation to the Zoning Board.  It is his contention that the zoning is improper for this project.  He referred to a letter the residents received from Canisius High School stating that it was their intention to build an athletic facility on Clinton Street and that a meeting would be held to address the concerns of the neighbors.  The meeting did take place on November 9th at which time the neighbors expressed their disapproval of the project.  Mr. Grasso then reviewed the zoning on the property and cited Section 120-5, A, B & C of the town code as the basis of his argument.  This is an unique project; a private school building a private athletic facility.  Mr. Grasso also referred to a press release outlining the intention of Canisius to expand their athletic facilities.  Canisius High School is building an athletic facility on this site because they don’t have an athletic facility at the location of the school itself.  The project is 25 minutes from Canisius High School.  The SEQR lists Clinton Street Athletic Facility as the name of action and the project description states that Canisius High School intends to construct a football field and running tract to accommodate sporting events, with sporting events to be held on weekends.  At the September 19th Town Board meeting, Mr. Grasso asked Mr. Czuprynski what this would be zoning under and Mr. Czuprynski responded amusements.  Mr. Grasso was unable to find amusement zoning in the R65 zoning.  At a following town board meeting, he again asked Mr. Czuprynski was the project would be zoned under and Mr. Czuprynski replied that it was actually listed incorrectly.  It was an R-100 zone and

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                   listed under schools and this facility would be an accessory building to a school.  This is not a school.  It is an athletic facility.

 

                   Mr. Bond asked the applicant what his definition of a school is.

 

                   Mr. Grasso replied that in general terms, a school can be anywhere someone is taught. 

 

                   Mr. Bond noted that it did not have to be a building.

 

                   Mr. Grasso responded that a New York State accredited school has to be a building.  Canisius is not building a school; they already have a school.  The main purpose of this project is an athletic facility.  Canisius High School does not have a school on the site; if it did, this would be considered an accessory building. 

 

                   Mr. Bond stated that the argument of Canisius High School may be that athletics is an integral part of schooling and is a proper school use.

 

                   Mr. Grasso stated that New York State requires physical education but does not require extra curricular activities such as football and track.  Canisius already has a football stadium at the school.  Canisius High School is in competition with other schools and this is to help their business.  The school itself is 25 minutes away from the project.  The claim of the school that gym classes will be taught there as well does not make sense because the students would have to be bussed 25 minutes to attend the class and then driven back 25 minutes.  Mr. Grasso stated his contention is that this is not a school; it is a school use which could mean anything.  A fire hydrant is required from the State of New York and Mr. Grasso referred to the notification of the public hearing which lists the building as an athletic building.  The application for the hearing clearly states it is a 1360 sq ft accessory structure.  On the following page of the application, “business” is checked off rather than “educational”.  The State would not have granted a variance for a fire hydrant if it knew it was a school.  The variance was

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                   granted on the basis of it being an accessory building and used for rest rooms and concession stands.  If it is a school, then under the Education Law, the plans for that school should have been submitted to the Chief of Police so that the plans could be checked for safety and evacuation.  Canisius High School will claim they made a big investment in this property.  The residents of the town of West Seneca have made a bigger investment in their homes and their quality of life will suffer.  According to the town code, a school is allowed to be built there.  This is not a school.  It is a special project and would have to be rezoned.  The town will have no recourse in the event 500 cars show up to park in a 275 car parking lot, or if Canisius High School decides to put in 1000 seats.  If it is a school then the building permit must be rescinded because they did not follow New York State law and submit the plan to the Chief of Police.  The land should be rezoned for an athletic facility so that stipulations can be placed on the property.

 

                   Mr. Czuprynski stated it was his opinion that it was a school and this was a proper school use.

 

                   Joseph Picciotti, Esq., representing Canisius High School, stated the title of the zoning provision says permitted uses, not permitted buildings.  From the beginning of this process, the school has contended that this is a principal school use, athletics.  The State of New York and other accredited associations from which Canisius High School has received accreditation, specifically and unambiguously encourage and require athletic participation by the student body.  That has been the position of the school since the beginning.  Mr. Picciotti stated he was unaware of an application for a fire hydrant.  In addition to the fields that are part of the facility, there is a classroom which is part of the plan submitted to the Building Inspector.  The classroom will be used to teach curriculum requirements for environmental sciences.  There are wetlands located in this field and Canisius High School has every intent to teach that course work, both inside the classroom as well as offsite for inspection purposes.  There are currently cases in New York that state a school use is presumptively allowed.  This is

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                   not a private business.  This is an accredited nonprofit school.  When discussing accessory versus principal uses for schools, that

                   designation is not honored in the same way as it might be for other uses.  If a school is to use a property for curriculum requirements as is the case here, as demonstrated by what was submitted to the Building Inspector, then that is allowed more so here where the zoning specifically allows the use.  The other intent of the school for using the property is religious retreats which is part of its founding principle.  There is a free exercise of religion issue here and the school has every intent to rely on that.  The facility is in a beautiful surrounding and uniquely qualified on the environmental science side of the curriculum and also as a religious retreat.  He indicated the other individuals present, including David Crow, Project Manager, Fr. Higgins, and Principal William Kopas, were available to speak on elements of the project and the challenges that Canisius is now facing in its inability to provide athletics as required and why it needs this facility.

 

                   Mr. Bond noted that one of the intended uses is for a religious retreat.  He asked if it was the position of Canisius High School that this would be allowed even if the section does specifically refer to it.

 

                   Mr. Picciotti stated it was his opinion that was a permitted use as well.

 

                   Mr. Grasso stated that physical education is required by New York State.  These are all extra curricular activities and this is the first time a religious retreat has been mentioned.  This is a private athletic facility and should be properly zoned for that use.  A football stadium, loud speakers and lights are not required for a religious retreat.

 

                   Fr. James Higgins, 2001 Main Street, Buffalo, assured the Board that they have searched long and hard to best serve the mission they have as a school.  Integral to their functioning as a school, is the physical education proponent of the program.  This site in West Seneca affords Canisius High School an excellent opportunity to

WEST SENECA TOWN OFFICES                   ZONING BOARD OF APPEALS

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West Seneca, NY   14224                           July 25, 2007

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                   fulfill its mission and comply with what the Middle States Association mandated in its last accreditation that additional space be provided for athletics and interscholastic sports.  This is an integral principal use of the field for their mission.

 

                   William Kopas, Principal, Canisius High School, referred to the information presented to Board members and Title 8 of the Education Law points out that physical education, including athletics, is part of a school.  Also is the Middle States view which points out that Canisius needs to seek further athletic fields away from the school as it is a landlocked school.  The primary use is an athletic field and supplementing the P.E. courses, the athletes actually take study hall during P.E. and the course of study is athletics afterwards.  Schools are pressed to do more and more for students and schools are all purpose facilities.  Students are allowed to take study hall during the school day in lieu of their P.E. class on campus during the season of their sport and this is consistent with what other schools have done across the country and Western New York.  The wetlands area is part of environmental science and offers an opportunity for students to do field studies, as well as biology, both of which are integral parts of the curriculum.

 

                   David Monolopolous, 97 Lexington Green, stated that at the June 27th meeting, the Zoning Board of Appeals asked Mr. Grasso to accept a 30 day construction grace period until the July meeting.  This Board stated that no construction was to be done until after the July 25th date.  The next day construction work, not limited to bulldozers, back hoes, and earth movers, was done at the facility.  After phone calls to town representatives, the work continued.  The residents were unaware of what site work consisted of.  A “do not work” order was then put in place when roadway construction was done.   Mr. Monolopolous felt this was complete disrespect on the part of Canisius High School to this Board and the residents of the Town of West Seneca.  Requests by the residents for modifications and considerations were unsuccessful.  He asked if the proper zoning was in place to allow a private athletic facility in the Town of West Seneca. 

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West Seneca, NY   14224                           July 25, 2007

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                   Mr. Czuprynski stated there was proper zoning under the zoning ordinance.

 

                   Mr. Monolopolous asked what rules and regulations Canisius High School was required to follow in terms of size, height, capacity and use of this facility, and if Canisius High School paid for the building permit.

 

                   Mr. Bond responded that those questions had nothing to do with the issue before the Board, which is whether this is a school function or school use.  Whether or not the applicant is a religious corporation has nothing to do with the issue.

 

                   Mr. Monolopolous felt zoning was in place to protect the citizens from certain projects that significantly impact its area’s residents.  A new zone should have been created with provisions intact to protect the residents who have made an investment in their property and town.  This project should be denied due to improper zoning.

 

                   Joseph Corey, 2813 Clinton Street, asked if the neighbors’ property values or issues of noise level and traffic level had been taken into consideration relative to this project.  All of the people on Clinton Street are aggrieved by this project.

 

                   Amy Carpenter, 406 Woodward Crescent, asked if a school building was specifically listed as part of the plan when the request to build the facility was made. 

 

                   Mr. Bond responded that it was his opinion that there need not be a “building” per se, as long as it is a place where students are taught by teachers.

 

                   Ms. Carpenter asked whether safety issues were taken into considerations.

 

                   Mr. Bond stated that is not an issue before this Board.  The issue before the Board is whether or not the Code Enforcement Officer

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                   was correct in issuing a building permit based on the zoning.  The Town Engineer and the Building Department will address safety issues if the project goes forward.

 

                   Motion by Mrs. Rosenswie, seconded by Mr. Hughes, to recess.

 

                   On the question, Mr. Bond noted that no decision will be made during the recess.  The Board members are taking a recess to consider how to proceed with this matter.

 

                   Ayes:  All                Noes: None                     Motion carried

 

The Board recessed for 5 minutes

 

                   Mr. Bond reconvened the meeting following recess.

                  

                   Motion by Mr. Bond, seconded by Mr. Hughes, to close the public hearing and reserve decision until such time as the Board has an opportunity to review the documents submitted.

 

                   On the question, Mr. Bond stated a decision will be rendered following consultation with Deputy Town Attorney Paul Notaro.  He expected the decision will be ready within four or five days.

 

                   Ayes:  All                Noes: None                     Motion carried

 

                  

  VI.        NEW BUSINESS:

 

2007-052     Request of Lauren Sgranfetto for a variance for property located at 702 Main Street to replace existing side entry with new entry, same size.

 

                   Lauren Sgranfetto, 702 Main Street, stated her request is to replace the existing deteriorated side mud room with a small open porch, and also replace the cement and sidewalk if necessary.  There is also a partial retaining wall which needs to be replaced.

 

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                   Mr. Dunn asked if it was applicant’s intention to remain in the same footprint that is currently there.

 

                   Mrs. Sgranfetto stated that was correct.

 

                   A letter of no objection was received from the resident at 712 Main Street.

 

                   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 702 Main Street to replace existing side entry with new entry, same size.

 

                   Ayes:  All                Noes: None                     Motion carried

                  

2007-053     Request of Major Patrick Pascall for a variance for property located at 83 Tampa Drive to allow parking of motor home in open area.

 

                   Mrs. Pascall stated she was appearing on behalf of her husband who is on duty and unable to make this meeting.  The motor home is used for personal and military use.  Letters of no objection from residents at 73 Tampa Drive, 89 Tampa Drive and 90 Woodcrest were submitted.

 

                   Mr. Hughes asked Mrs. Pascall to clarify the term military use, whether it applied to a military authorization or notification of some type.

 

                   Mrs. Pascall stated there was nothing issued from the military.  His unit is located in Tampa and travels from home to Florida frequently.

 

                   Mr. Bond noted the motor home was not actually for military use, but rather used by the applicant since he is in the military.

 

                  

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                   Mr. Dunn asked the size of the motor home and when the additional driveway was installed to accommodate it.

 

                   Mrs. Pascall stated she did not have information on the size of the motor home, but was aware the side of the motor home has “36 SS” indicated on it.  She also submitted photographs of the motor home.  The driveway was done in March or April.

 

                   Mr. Dunn noted the driveway is not conforming either.

 

                   Mrs. Pascall stated that the motor home is barely noticeable when making the turn at 25 miles an hour.

 

                   Mr. Dunn stated there would be a problem if the Zoning Board allowed this motor home on the property because everyone else in town who owned a motor home would want to be afforded the same privilege.

 

                   Mrs. Pascall responded that other residents in town are not using their motor home for military use.

 

                   Mr. Bond stated the use of the motor home is not a determining factor.  The issue is whether a motor home should be allowed to be parked outside in a residential district.

 

                   Mr. Dunn noted that the second driveway would also need a variance.

 

                   Mary Donnarummo, 94 Woodcrest, stated her property is located to the rear of the subject property.  They were concerned after seeing cement trucks on the applicant’s property.  Their own property is landscaped and they are proud of its appearance.  The applicant has never extended the courtesy of explaining what was taking place on the property.  The motor home is an eyesore and in the winter the applicant’s property will look like a parking lot once the foliage is gone.  Photographs were submitted.  The applicant’s garage blocks the view of this motor home but they are forced to constantly see this vehicle which is 4 to 5 feet away from the

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                   property line.  The motor home is even visible from their second story windows.

 

                   Mr. Dunn asked when the motor home was obtained.

 

                   Mrs. Pascall stated that prior to their move from Sunset Creek Drive to their current address, the motor home was kept in storage.  Her husband had been overseas for 4 ½ years and they were in an apartment for that period of time.

 

                   Motion by Mr. Bond, seconded by Mr. Dunn, to close the public hearing and deny the request for a variance for property located at 83 Tampa Drive to allow parking of motor home in open area.

                  

                   On the question, Mr. Dunn noted that the motor vehicle had been previously stored and applicant can continue that arrangement.  The motor home is not an appropriate vehicle to be stored in the back yard of someone’s home.

 

                   Mr. Bond stated the size of the vehicle is not an issue.  It is simply a recreational vehicle and if it were allowed to be parked on the property, the rest of the town would want to be able to do the same.  This is a use varance in the sense the property would be used for something for which it is not authorized.  In order to qualify for a variance, it has to be shown that the land in question cannot yield a reasonable return and the plight of the land owner must be due to unique circumstances and not the general conditions of the neighborhood, and the use to be authorized does not alter the essential character of the neighborhood and is compatible with the area.  This application fails to meet all three of those grounds.

 

                   Ayes:  All                Noes: None                     Motion carried

 

2007-054     Request of Santoro Signs, Inc. for a variance for property located at 1345 Indian Church Road to install 4 ft x 8 ft ground sign.

 

                    

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                   Rocco, Santora, Santora Signs, Inc., 3180 Genesee Street, Cheektowaga, stated the request of the church is to install a 4 ft x 8 ft ground sign to replace an existing ground sign.  This is an illuminated ground sign with a changeable copy message.  The overall size of the current sign is 43 in by 8 ft. and single faced.

 

                   Mr. Bond noted that the concern of the Zoning Board with sign requests has been visibility for traffic, but the location of the proposed sign is far enough back from the street to eliminate that concern.

 

                   Mr. Dunn also remarked on the usual concern of the Zoning Board for sight lines, but noted this sign will be back far enough not to pose an obstruction of view for traffic.

 

                   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 1345 Indian Church Road to install 4 ft x 8 ft ground sign.

 

                   Ayes:  All                Noes: None                     Motion carried

 

2007-056     Request of Nathan Randall for a variance for property located at 260 Angle Road to erect 6 ft high fence in side yard.

 

                   Nathan Randall, 260 Angle Road, stated he has young children and would like to erect a fence for safety purposes and privacy.  They currently have a permit for a 4 ft chain link fence throughout the entire property, but they would like to erect a 6 ft cedar fence in the front.  Applicant reviewed the sections requested for the 6 ft fence.  Letters of no objection were submitted from residents at 248 Angle Road and 257 Angle Road.

 

                   Mr. Bond asked if the 6ft section of fence would extend from the corner of the garage to the property line.

 

                   Mr. Randall stated that was correct.

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                   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 260 Angle Road to erect 6 ft high fence in side yard.

 

                   Ayes:  Three (3)      Mrs. Rosenswie, Mr. Hughes, Mrs. Price

                   Noes: Two (2)        Mr. Bond, Mr. Dunn           Motion carried

 

2007-057     Request of Denise Peacock for a variance for property located at 344 Bullis Road to erect second principal building and demolish existing after new building is completed.

 

                   Mr. Bond noted the application states the applicant is requesting a second principal building with the existing building to be demolished upon completion of the new building.  The applicant’s parents will apparently be living in the existing house until the new house is completed and then the existing building will be torn down.  Mr. Bond asked the applicant when the construction is planned.

 

                   Denise Peacock, 1537 Union Road, stated they plan on doing the construction next spring.

 

                   Mr. Bond cautioned the variance is only valid for six months.  If a variance is granted now, the construction would have to be commenced within six months which places the timeframe in the middle of winter.  He asked the applicant if she would prefer tabling this item for a month or two.

 

                   Ms. Peacock stated she would prefer that since they no plans to start construction until April.

 

                   Motion by Hughes, seconded by Mrs. Rosenswie, to table this item until the November/December meeting, or until such time as the applicant notifies the town clerk to re-submit the matter on the Zoning Board agenda.

 

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Ayes:           All                Noes: None                     Motion carried

 

2007-058     Request of Harold O. Ellis for a variance for property located at 51 Mayfield Drive to erect deck 18.45 ft from rear property line.

 

                   Mr. Bond asked if permission had been received from the Association.

 

                   Mr. Ellis stated that he has not received the paperwork back from the Association yet.

 

                   Mr. Bond cautioned that written permission is needed prior to building.

 

                   Mr. Ellis stated he was aware of that and submitted letters of no objection from residents at

                  

                   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 51 Mayfield Drive to erect deck 18.45 ft from rear property line.

 

                   Ayes:  All                Noes: None                     Motion carried

 

2007-059     Request of Paul Stachelski for a variance for property located at 1 Nina Terrace to erect 6 ft fence in exterior side yard.

 

                   Paul Stachelski, 1 Nina Terrace, stated his property is currently lined on both sides by arborvitaes.  There are 25 in the back and 25 along the side.  Over the last several years, they have been damaged by deer and the October storm of last year.  He submitted photographs of the damage done by the deer which come across the street from the State School and feed on the arborvitae.  He has a practical problem in the sense that no natural privacy will work at this point.  The only other solution he has to the problem is the erection of a 6 ft fence along the back row, and halfway to the arborvitae line and then bring it over to the house

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                   for privacy.  His side lot is East and West Road and Nina Terrace is the front.Mr. Bond stated the applicant could have a 4 ft fence out 10 ft from the house and then all the way to the back.

 

                   Mr. Czuprynski stated the applicant’s property is tied up with easements.  There is a 20 ft drainage easement on the back lot line and the fence may not be allowed.  Applicant would need to get permission from the Engineering Department prior to erecting a fence. 

 

                   Mr. Bond stated there was also a New York Telephone easement along East & West Road.

 

                   Mr. Paul Stachelski stated there is a space between East & West and the arborvitae line. 

 

                   Mr. Bond cautioned that even if the fence was allowed, the applicant runs the risk of having the fence knocked down if work had to be performed on that easement.  He recommended that the applicant speak to the Town Engineer first.

 

                   Mr. Czuprynski stated that even if the Zoning Board granted a variance for a 6 ft high fence, it has nothing to do with the easement.  If the Engineering Department denied his request, he simply would not be able to do it, whether or not he has a variance.

 

                   Mr. Bond stated the applicant does not need a variance from the house back.  He needs the variance from the house to the East & West lot line.

 

                   Mr. Dunn asked the applicant if he intended to have a 3-sided fence around the back yard, leaving one side open.

 

                   Mr. Stachelski stated that was correct.  What he really needs is privacy from East & West Road.  He had no problem with leaving the one side open.

                  

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                   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 1 Nina Terrace to erect 6 ft fence in exterior side yard, conditioned on permission being given by the Town Engineer to build on the right of way.

 

                   Ayes:  All                Noes: None                     Motion carried

 

2007-060     Request of John & Rebecca Brierley for a variance for property located at 14 Naple Drive to install above ground pool 0 ft from deck.

 

                   Becky Brierley and John Brierly, 14 Naples Drive submitted a letter of no objection from 8 Naples Drive.  The other neighbor is currently in Australia.  Mrs. Brierley stated there was an 18 ft pool on the property when they purchased it, but the pool fell down over the past winter.  They would like to reinstall a 21 ft pool in the same location.

 

                   Mr. Dunn noted the previous pool was 1.67 ft away from the side yard.

 

                   Mrs. Brierley stated the new 21 ft pool will encompass the 3 ft variance needed from the neighbor’s lot.

 

                   Mr. Bond stated that requires applicants to be closer to the house.  He questioned Mr. Czuyprynski if an above ground pool required a fence.

 

                   Mr. Czuprzynski stated an above pool does not require a fence, but they do require a gate and a pool alarm.

 

                   Mrs. Brierley stated there was no access from the deck to the 21 ft pool.  The pool is entered by way of a ladder.

 

                    

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                   Mr. Czuprzynski stated if applicant can reach the deck from the house, then the entranceway onto the deck must have a self closing device.  He will review the building permit with applicant in the event the variance is granted.

 

                   No comments were received from the public.

                  

                   Motion by Mr. Bond, seconded by Mr. Hughes, to close the public hearing and grant a variance for property located at 14 Naple Drive to install above ground pool 0 ft from deck.

 

                   Ayes:  All                Noes: None                     Motion carried

 

2007-061     Request of Ken Pszczolkowski, for a variance for property located at 782 Union Road to erect detached garage 7 ft from principal building.

 

                   Ken Pszczolkowski, 782 Union Road, stated he is requesting to build a garage built closer to his house than what is allowed.

 

                   Mr. Bond asked if the applicant planned on building a breezeway in the future.

 

                   Mr. Pszczolkowski stated it would actually be an addition on to the back of the house.  The proposed garage will have a footer, but the addition will not be erected for several years.

 

                   Mr. Bond questioned how applicant will get to the garage with the concrete drive on the left hand side.

 

                   Mr. Pszczolkowski stated they have two driveways on the property.

                   He reviewed photographs with the Zoning Board members.  The second driveway was stone at the time they purchased the property and he then concreted it as a turnaround.  The second driveway was cut when the road was redone.  Letters of no objections were submitted from residents at 768 Union Road, 781 Union Road and 791 Union Road. 

 

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                   Mr. Bond asked the distance on the side between the garage and the lot line.

 

                   Mr. Pszczolkowski stated the distance was 5 ft.

 

                   No comments were received from the public.

 

                   Motion by Mr. Bond, seconded by Mrs. Rosenswie, to close the public hearing and grant a variance for property located at 782 Union Road to erect detached garage 7 ft from principal building.

 

                   Ayes:  All                Noes: None                     Motion carried

 

2007-062     Request of Patrick & Michelle Barr for a variance for property located at 29 Greymont Avenue to erect an 8 ft fence on rear lot line.

 

                   Patrick and Michelle Barr, 29 Greymont Avenue, appeared on the request for an 8 ft fence and submitted letters of no objection from residents at 18 Greymont Avenue, 24 Greymont Avenue and 35 Greymont.  Mr. Barr stated there is an apartment complex behind applicants’ property.  The elevation of the apartment complex stays the same and theirs drops off.  Snow is plowed directly on to their property and the lights from cars entering and exiting the parking lot shine directly into their living room.  Applicants lose elevation while the apartment complex does not.

 

                   Mrs. Barr stated their property is constantly used as a cut-through and they have been unsuccessful in keeping people out of their yard.

 

                   Mr. Bond noted that the fence is already erected.

 

                   Mrs. Barr stated that was correct.

 

                   Mr. Bond also noted that the letters of no objection submitted by applicants did not indicate the fence was 8 ft high, but does say the erected fence is a benefit of all the neighbors. 

WEST SENECA TOWN OFFICES                   ZONING BOARD OF APPEALS

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West Seneca, NY   14224                           July 25, 2007

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                   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 29 Greymont Avenue to erect an 8 ft fence on rear lot line.

 

                   On the question, Mr. Dunn noted that he would not normally be in favor of a request of this nature, but the applicants have a unique situation and a hardship does exist.

 

                   Mr. Bond agreed, noting that because of the unusual shape of the lot with the drop-off, it  does come within the uses of an area variance.

 

                   Ayes:  All                Noes: None                     Motion carried

 

2007-063     Request of Signtech of WNY, Inc. for a variance for property located at 287 Center Road to erect 45.36 ft sq ft sign without sufficient ground clearance.

 

                   Russ Cleversley, 121 Laurelton, representing Dr. Krutchick, stated that Dr. Krutchick would like to replace the existing sign with a 45.36 sq ft pedestal  ground sign and submitted photographs and letters of no objection from residents at 297 Center Road and 277 Center Road.

 

                   Mr. Dunn inquired about the need of Dr. Krutchick for such a large sign.

 

                   Mr. Cleversley stated it is actually only 1 ½ ft larger than the original sign and is needed for visibility.  It is a 2 sided sign illuminated internally.

 

                   Mr. Dunn asked if Dr. Krutchick’s practice is based on walk-in traffic or appointments.

 

                   Mr. Cleversley responded Dr. Krutchick makes appointments, but does pick up a fair amount of traffic as a result of the sign.  He is

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                   the marketing company for applicant who also sends out fliers every month.

 

                   Mr. Hughes asked how long the current sign has been in place.

 

                   Mr. Cleversley did not have that information but based on the condition of the sign and the 16 years that Dr. Krutchick has been in business, it was lengthy.

 

                   Mr. Czuprynski stated the application of applicant indicates the zoning to be R-65A which allows a 3 sq ft sign not to exceed 4 ft in height.  He asked if the applicant had ever rezoned his property.  The applicant would not have been allowed to have his business under a R65-A zoning.

 

                   Mr. Cleversley stated he was unaware of that.

 

                   Mr. Bond commented that the applicant had received a variance to operate his business and add a chair.

 

                   Mr. Czuprynski stated that R-65A allows a practice if the professional lives on the property and it was his recollection that the applicant had received a variance so that he was not required to live there, but never changed the zoning.  Therefore, he is still zoned R65-A which means the applicant is only allowed a 3 ft sq sign.  Applicant may also have received a variance on the existing sign which is oversized.

 

                   No comments were received from the public.

 

                   Motion by Mr. Dunn, seconded by Mrs. Rosenswie, to table this request until the August meeting to provide an opportunity for the applicant to submit an alternate sign and allow the Code Enforcement Officer to determine the correct zoning for the property. 

 

                   Ayes:  All                Noes: None                     Motion carried

 

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                   2007-064     Request of Erica Kuper for a variance for property located at 327 Woodcrest Drive to erect 6 ft high fence in exterior side yard.

 

                   Erica Kuper, 327 Woodcrest Drive, submitted letters of no objection from residents at 11 Maryon Drive, 21 Maryon Drive, 27 Maryon Drive and 348 Brookside Drive. 

 

                   Mr. Bond noted that according to the diagram, applicant intends on bringing the 4 ft fence out from the side of the house and then to the back of the house, with a 6 ft fence along the side of the property on Maryon, then around the concrete pad.

 

                   Ms. Kuper stated that was correct.

 

                   No comments were received from the public.

 

                   Mr. Bond noted there was no sight line problem with the distance back from the corner of the house.

 

                   Motion by Mr. Dunn, seconded by Mr. Hughes to close the public hearing and grant a variance for property located at 327 Woodcrest Drive to erect 6 ft high fence in exterior side yard.

 

                   On the question, Mr. Dunn also noted that the request presented no sight line problem.

 

                   Ayes:  All                Noes: None                     Motion carried

 

2007-065     Request of Strollo Development-Buffalo LLC for a variance for property located at 1200 Southwestern Blvd to erect fence in front yard setback.

 

                   Mr. Bond noted that the application of applicant reflects the fence requested was at the direction of the Town Board as part of the rezoning granted by the Board.

 

                    

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                   Ralph Lorigo, Esq., 101 Slade Avenue, attorney for applicant, stated this matter has been before the Town Board on a number of occasions.  The applicant reached a resolution with the neighbors and expended an additional $100,000. for screening.  The plan presented is the plan approved by the Town Board and which requires a 6 ft fence around the retention pond for security.  The 6 ft fence comes to the front of the property and a 4 ft fence across the front of the property.  The Code Enforcement Officer interpreted it as still being in the front setback area and requires a variance. 

 

                   Mr. Czuprynski requested the Zoning Board add the 4 ft section of fence that encompasses the pond.

 

                   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 1200 Southwestern Blvd to erect 4 ft fence in front yard setback around the retention pond.

 

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

                   Noes: One (1)        Mrs. Rosenswie

                  

2007-066     Request of Anthony Scaccia for a variance for property located at 4815 Clinton Street to erect 6 ft x 8 ft front entry cover 27 ft from front property line.

 

                   Anthony Scaccia, 4815 Clinton Street, appeared on the request.

 

                   Mr. Bond noted this was a request to erect a 6 ft x 8 ft front entry cover 27 ft from front property line.

 

                   Mr. Czuprynski stated this was an enclosure for the barber shop of applicant.

 

                   No comments were received from the public.

 

WEST SENECA TOWN OFFICES                   ZONING BOARD OF APPEALS

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                   Motion by Mrs. Price, seconded by Mrs. Rosenswie, to close the public hearing and grant a variance for property located at 4815 Clinton Street to erect 6 ft x 8 ft front entry cover 27 ft from front property line.

 

                   Ayes:  All                Noes: None                     Motion carried

 

ADJOURNMENT:

 

                   Motion by Mr. Bond, seconded by Mrs. Rosenswie, to close the public hearing, adjourn the regular meeting, and enter into executive session to discuss Item #2007-051.   (9:30 p.m.).

 

                   Ayes:  All                Noes: None                     Motion carried

 

EXECUTIVE SESSION

 

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.

 

                   Motion by Mr. Bond, seconded by Mrs. Price, to deny the                                  applicant’s appeal of the decision of Code Enforcement Officer for                             the issuance of a building permit for property locationed at 2448-                     2869 and further uphold the decision of the Code Enforcement                     Officer for the issuance of a building permit for property locationed                              at 2448-2869 Clinton Street.

 

                   Ayes:  Three (3)      Mr. Bond, Mrs. Price, Mr. Dunn

                   Noes: Two (2)        Mr. Hughes, Mrs. Rosenswie

 

                   Motion carried

 

Respectfully submitted,

 

 

Patricia C. DePasquale, RMC/CMC

Secretary