Zoning Board of Appeals Minutes
WEST SENECA TOWN OFFICES WEST SENECA ZONING BOARD
West Seneca , NY 14224 August 22, 2007
The regular meeting of the Zoning Board of Appeals of the Town of
ROLL CALL: Present - William Bond, Chairman
Penny K. Price
Daniel P. Dunn
Sandra Giese Rosenswie
Michael Hughes
Absent: Paul Notaro, Deputy Town Attorney
William Czuprynski, Code Enforcement Officer
Motion by Mr. Hughes, seconded by Mrs. Rosenswie, to approve the proofs of publication and posting of legal notice.
Ayes: All Noes: None Motion Carried
APPROVAL OF MINUTES
Motion by Mrs. Rosenswie, seconded by Mr. Dunn, to approve Minutes #2007-06 of
Ayes: All Noes: None Motion Carried
OPENING OF PUBLIC HEARING
Motion by Mr. Dunn, seconded by Mr. Hughes, to open the Public Hearing.
Ayes: All Noes: None Motion Carried
TABLED ITEM:
WEST SENECA TOWN OFFICES WEST SENECA ZONING BOARD
West Seneca , NY 14224 August 22, 2007
Page two . . .
2007-063 Request of Signtech of WNY, Inc. for a variance for property located at
Jay Pohlman, Esq.,
Mr. Hughes asked if the sign would present a problem with traffic.
Mr. Pohlman stated it would not; the only problem occurring in the past involved the lady who had a seizure and hit the sign.
Mr. Dunn asked if this property was zoned R65-A.
Mr. Pohlman responded that according to the information in his possession, the property received a variance for a dental office without owner occupation on
Mr. Bond noted that a variance does not change the zoning.
Mr. Pohlman submitted a letter dated
WEST SENECA TOWN OFFICES WEST SENECA ZONING BOARD
West Seneca , NY 14224 August 22, 2007
Page three . . .
Mr. Bond stated that the letter referred to by Mr. Pohlman clarified for applicant that no further steps would be necessary in the event the property was sold for use as a dental office. According to the Code Enforcement Officer, applicant is allowed a 40 sq ft sign with 8 ft clearance. Applicant is requesting a 45.36 sq ft sign with no clearance. The clearance comes into play in order to see oncoming traffic.
Mr. Pohlman stated that the sign was placed back far enough so that would not be an issue, either for entering or exiting the property or for oncoming traffic on Center.
Mr. Dunn noted this is a residential area with ever expanding sized signs and asked if the applicant would be willing to reduce the requested size of the sign.
Mr. Pohlman responded that reducing the size of the sign will cause the visibility to be lost and the ability to read the sign comfortably without the person taking their eyes off the road for a long period of time. He also presented photographs of surrounding businesses with signs.
Mr. Dunn noted those signs are on commercial property and not residential property.
Mr. Pohlman stated they were still in the same neighborhood, between
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
Ayes: Four (4) Mr. Bond, Mr. Hughes, Mrs. Price, Mrs. Rosenswie
WEST SENECA TOWN OFFICES WEST SENECA ZONING BOARD
West Seneca , NY 14224 August 22, 2007
Page four . . .
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Noes: One (1) Mr. Dunn
NEW BUSINESS:
2007-067 Request of Shelly Horan for a variance for property located at
Barry Horan,
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
2007-068 Request of Susan Witka for a variance for property located at 811 Center Rod to erect a 6 ft high privacy fence in exterior side yard (not allowed).
Edward Strick, Clarence, appeared on behalf of the applicant. Letters of no objection from the surrounding neighbors were presented, together with a list of homes in the surrounding area with similar fences. The proposed fencing will be on one side of the property. This is a corner lot and the applicant is constantly bothered by people coming through the back yard. There is also an apartment complex across the street and the fence would afford some privacy.
Mr. Bond cautioned that the fence can only be located from the rear of the house back and noted in looking at the sketch provided that it appears the fence will be located off the property line.
WEST SENECA TOWN OFFICES WEST SENECA ZONING BOARD
West Seneca , NY 14224 August 22, 2007
Page five . . .
Mr. Strick stated the applicant was aware of this and it was her intention to have the fence end at the back of the house and then directly in to the house.
Mr. Bond also noted that the sketch is difficult to read and it appears the fence is somewhere off the property line.
Mr. Strick stated that on the survey, the fence appears to be inside the property by 8.38 ft.
Mr. Bond noted that it is 20.38 ft from the corner of the house to the rear of the property line, so if the variance is granted the fence must stay 8 ft off the property line.
No comments were received from the public.
Motion by Mrs. Price, seconded by Mr. Hughes, to close the public hearing and grant a variance for property located at 811 Center Rod to erect a 6 ft high privacy fence in exterior side yard, with the stipulation that the fence remain 8 ft off the property line and the fence does not extend forward past the rear of the house.
Ayes: All Noes: None Motion carried
2007-069 Request of Martin & Charleen Rejewski for a variance for property located at
Martin and Charleen Rejewski appeared on the request for a use variance to house chickens on their property. Mrs. Rejewski stated she has housed chickens for the last ten years and currently has 11 female chickens. They are pets and used for exhibition purposes as well.
Mr. Bond noted the applicants submitted 4 letters from the surrounding neighbors indicating they had no objection to the request of applicant.
WEST SENECA TOWN OFFICES WEST SENECA ZONING BOARD
West Seneca , NY 14224 August 22, 2007
Page six . . .
Mr. Rejewski stated his wife has had chickens since childhood and they have housed them on their property when they lived in
Mr. Bond noted that complaints were received from the subdivision that backs up to the applicants’ property.
Mr. Rejewski stated the complaints were mostly likely based on the roosters they had last year and that have since been removed from the property.
Mr. Bond also noted that the purpose of a variance is to mediate when someone has an undue hardship not shared by people in the general neighborhood and he failed to see where the applicants show an undue hardship.
Mr. Rejewski stated that some residents have requested a variance to have extra dogs on their property and he failed to see the difference in requesting a variance for chickens.
Mr. Bond noted that no one has ever appeared before this Board on that type of request. He also noted that Agriculture & Markets limits the number of dogs to 2 and applicant has 11 chickens. The other concern of the neighbors who live behind applicants’ property is the danger of these chickens attracting rats or other vermin.
No comments were received from the public.
Motion by Mr. Dunn, seconded by Mr. Hughes, to close the public hearing and deny the request for a variance for property located at
Ayes: Two (2) Mr. Dunn, Mr. Hughes
Noes: Two (2) Mrs. Rosenswie, Mrs. Price
Abstaining (1) Mr. Bond, noting that the applicants are personnally known to him.
Motion Lost
WEST SENECA TOWN OFFICES WEST SENECA ZONING BOARD
West Seneca , NY 14224 August 22, 2007
Page seven . . .
Motion by Mrs. Rosenswie, seconded by Mrs. Price, to to close the public hearing and grant a variance for property located at
Ayes: Two (2) Mrs. Rosenswie, Mrs. Price
Noes: Two (2) Mr. Dunn, Mr. Hughes
Abstaining (1) Mr. Bond, noting that the applicants are personnally known to him.
Motion Lost
On the question, Mr. Bond cautioned the applicants to contact the Code Enforcement Officer since the variance was denied as they may be subject to a citation.
2007-070 Request of Marie T. Betti for a determination whether the proposed use for property located at 475 East & West Road as a Credit Union Office is allowed by present zoning.
Mr. Bond stated this is a request to move the Credit Union to the corner of
Marie T. Betti stated the Code Enforcement Officer would not render an opinion and that the Zoning Board of Appeals would have to make a determination.
Mr. Bond noted that the Zoning Board of Appeals hears appeals from the decisions of the Code Enforcement Officer. If the Code Enforcement Officer does not make a decision, the Board cannot vote to uphold or overrule a decision that has not been made. This is not an advisory board. He suggested tabling this item and that the applicant return to the Code Enforcement Officer for a determination. In the alternative, the applicant would need to apply for a rezoning of the property.
WEST SENECA TOWN OFFICES WEST SENECA ZONING BOARD
West Seneca , NY 14224 August 22, 2007
Page eight . . .
Motion by Mrs. Rosenswie, seconded by Mr. Hughes, to table this item with the direction that the applicant return to the Code Enforcement Officer for a decision.
Ayes: All Noes: None Motion carried
2007-071 Request of Michael & Karla Mancuso for a variance for property located at
Ronald Mancuso, appearing for the applicant, stated the existing deck is old and will be replaced. His father was informed by the Code Enforcement Agent that a 5 ft separation is required and they have 3 ft 4 in.
Mr. Bond asked if that distance was with the garage 3 ft off the property line.
Mr. Mancuso stated that was correct. Letters of no objection from the surrounding neighbors were submitted.
Mr. Dunn asked the age of the existing deck.
Mr. Mancuso stated the deck was approximately 10 years old.
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: All Noes: None Motion carried
2007-072 Request of Wayne R. Matyjasik for a variance for property located at
WEST SENECA TOWN OFFICES WEST SENECA ZONING BOARD
West Seneca , NY 14224 August 22, 2007
Page nine . . .
Wayne Matyjasik,
Mr. Hughes asked if there was an existing deck.
Mr. Matyjasik stated there was. The existing deck extends out 8 ½ ft. The concrete porch itself will extend 6 ½ ft from the front of the house, reducing the actual size of the porch. The mud room will be within the addition of the porch. Letters of no objection were submitted from the surrounding neighbors.
Mrs. Price asked the size of the existing porch.
Mr. Matyjasic stated the existing porch is 8 ½ ft from the front of the house out by 11.7 ft wide. The new porch will be 23 ft across the front of the house and 6 ½ ft out from the front of the house. The porch will not extend out any farther than other neighbors’ porches.
Mr. Dunn noted the enclosed mud room will take up about half of the 23 ft overall width of the porch.
Mr. Matyjasic stated that was correct and the porch will be concrete with a shed roof.
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
Ayes: All Noes: None Motion carried
WEST SENECA TOWN OFFICES WEST SENECA ZONING BOARD
West Seneca , NY 14224 August 22, 2007
Page ten . . .
2007-073 Request of David & Dorothy Meyer for a variance for property located at
Dorothy Meyer,
Mr. Bond stated the house and any additions must be 40 ft from the front of the property line and nothing can be build within that area. The street is not the property line.
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
Mr. Bond noted this type situation is what a variance is designed for, where the applicant suffers from a unique situation and unable to apply with the literal application of the code.
Ayes: All Noes: None Motion carried
2007-074 Request of John & Suzanne Stover for a variance for property located at
Suzanne Stover, 215 Rosewood, stated they are requesting a deck to be connected to the pool and house and provided a drawing for
WEST SENECA TOWN OFFICES WEST SENECA ZONING BOARD
West Seneca , NY 14224 August 22, 2007
Page eleven . . .
review by the Board members. She also provided letters of no objection from the surrounding neighbors.
Mr. Dunn cautioned the applicant on the need fro a locked gate and an alarm for the pool.
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
Ayes: All Noes: None Motion carried
2005-062 Request of Joseph A. Cartonia, Jr. and Karen J. Van Remmen to reopen variance granted
Motion by Mrs. Rosenswie, seconded by Mr. Hughes, to reopen the public hearing.
Ayes: All Noes: None Motion carried
Joseph Cartonia,
Mr. Bond stated the applicant applied for a variance to erect a 6 ft fence in the exterior side yard facing
WEST SENECA TOWN OFFICES WEST SENECA ZONING BOARD
West Seneca , NY 14224 August 22, 2007
Page twelve . . .
would not have been required if a 6 ft fence was erected on the interior side from the rear of the building back and a 4ft fence would have been allowed to the front.
Mr. Cartonia stated the fence is already constructed and also noted there is an idential fence on Sunset Court.
Mr. Bond noted that situation is up to the Code Enforcement Officer to enforce. The issue here is whether a 6 ft fence be allowed where it is, or limited to a 4ft fence which is what the ordinance allows. The request at the time was for a 6 ft fence in the exterior side yard, not the interior.
Mrs. Price asked if this was a wooden fence.
Mr. Cartonia stated it was a white vinyl fence.
Mr. Bond asked if the applicant was requesting the variance be amended to allow a 6 ft fence to be located where it is presently located pursuant to the drawing submitted.
Mr. Cartonia stated that was correct.
Mr. Dunn noted that the fence is already built in the wrong place and asked what the hardship to applicant would be in taking down the front two or three sections.
Mr. Cartonia stated the hardship is financial in that it would be very costly to take down those sections.
Mr. Bond noted the interior side was also in violation and that portion would have to be removed as well.
No comments were received from the public.
Motion by Mr. Bond, seconded by Mrs. Rosenswie, to close the public hearing and grant a variance allowing the fence that was installed on applicant’s property on
WEST SENECA TOWN OFFICES WEST SENECA ZONING BOARD
West Seneca , NY 14224 August 22, 2007
Page thirteen . . .
Mr. Bond stated that normally this type of variance would not be granted but there is a hardship to applicant. There was an apparent misunderstanding between the applicant and the Code Enforcement Officer and the applicant apparently did not understand what was being granted when the building application was applied for. There is a financial hardship if applicant was forced to removed the fence.
Mrs. Price also noted the confusion in the process of the building applciation and the previous variance granted.
Mr. Dunn felt this was a mistake that the town will be stuck with in future years.
Ayes: 4 (Four) Mr. Bond, Mrs. Rosenswie, Mr. Hughes, Mrs. Price
Noes: 1 (One) Mr. Dunn
ADJOURMENT:
Motion by Mr. Hughes, seconded by Mr. Bond, to close the public hearing and adjourn the meeting (8:15 p.m.).
Ayes: All Noes: None Motion carried
Respectfully submitted,
Patricia C. DePasquale, RMC/CMC
Secretary