Zoning Board January 22, 2014

WEST SENECA TOWN OFFICES                          ZONING BOARD OF APPEALS
1250 Union Road                                                   Minutes #2014-01
West Seneca, NY   14224                                      January 22, 2014
 
The regular meeting of the Zoning Board of Appeals of the Town of West Seneca was called to order by Chairman Tim Elling at 7:00 P.M. followed by the Pledge of Allegiance led by board member Mike Hughes and 30 seconds of silent prayer.
 
 ROLL CALL:          Present    -     Tim Elling, Chairman
                                             Michael P. Harmon                           
                                             Evelyn Hicks
                                             Michael P. Hughes
                                             Sandra Giese Rosenswie
                                             Matt Palmieri, Town Attorney
 
                           Absent    -    None
 
Chairman Elling read the Fire Prevention Code instructing the public where to exit in case of a fire or an emergency.
                                                     
OPENING OF PUBLIC HEARING
 
Motion by Harmon, seconded by Hughes, to open the public hearing. 
 
Ayes: All                        Noes: None                    Motion Carried
 
Chairman Tim Elling, on the motion of proofs for publication read: “The items were not published in the local news paper as required by town law in the time frame required, with the advice from our legal counsel we are going to table three items for this evening and we will be allowed to vote on the fourth item due to it being only an extension. I apologize for this delay to the three applicants but this transition has not gone as smoothly as we would have liked.”
 
APPROVAL OF PROOFS OF PUBLICATION
 
Motion by Hughes, seconded by Harmon, that approval for proofs and publication as well as approval of minutes for #2013-11of December 11, 2013, be tabled.
 
Ayes: All                        Noes: None                    Motion Carried
 
APPROVAL OF MINUTES
 
Motion by Hughes, seconded by Harmon, that approval for proofs and publication as well as approval of minutes for #2013-11Decembr 11, 2013, be tabled.
.
         Ayes: All                        Noes: None                    Motion Carried
WEST SENECA TOWN OFFICES                          ZONING BOARD OF APPEALS
1250 Union Road                                                   Minutes #2014-01
West Seneca, NY   14224                                      January 22, 2014
 
OLD   BUSINESS
 
2013-70
 
Request of Robert Lorenz for a variance for property located at 81 Elmsford Drive to allow a 6’ fence in side yard (maximum 4’ fence allowed).
 
2014-01
 
Request of Dominic Russo for a variance for property located at 3580 Clinton Street to construct a 6’ fence in side yard (4’ fence allowed).
 
2014-02
 
Request of Michael Olejarz for a variance for property located at 339 Center Road to construct a 6’ fence in side yard (4’ fence allowed).
 
No comments were received from the public.
 
Motion by Hughes, seconded by Harmon, to table these items.
 
Ayes: All                                 Noes: None                             Motion Carried
 
 
2013-029
 
Request of Michael Farrell, Jr. for an extension on variance 2013-029 for property located at 312 Reserve Road to reduce lot size in R-75A (85’ required).
 
Michael Farrell Jr., stated that he was at the meeting regarding his property at 312 Reserve Road. Mr. Farrell was at the meeting on May 22, 2013, where the variance was approved for his sight plan. The only thing that has changed within that time frame was the closing of the land due to the fact that he was buying the land from the West Seneca Church located at Reserve Rd and Union Road. Mr. Farrell stated that when buying a piece of property it has to go through the approval of a state judge and its subject to go through a course of events and this year the requirements changed. The changing of those requirements delayed Mr. Farrell’s closing until November 18, 2013. Mr. Farrell stated that nothing has changed on his end as far as the site plan, things just got pushed back due to the delay in the closing date and also the weather.
 
 
WEST SENECA TOWN OFFICES                          ZONING BOARD OF APPEALS
1250 Union Road                                                   Minutes #2014-01
West Seneca, NY   14224                                      January 22, 2014
 
 
Tim Elling introduced a letter from the Building and Plumbing Department stating “it is in the opinion of the Building Department that an extension is granted, as the reason for this request was due to a prolonged closing process on the real estate. Mr. Farrell plans to move forward with the project which has preliminary approval with the town.” Chairman Elling stated that it is under advisement of the West Seneca Legal counsel that this variance should be granted unless something has changed.
 
Evelyn Hicks questioned how it was possible to vote on this item but not see the others. Attorney Matt Plamieri stated that “granting an extension does not require a public notice, if you’re just granting an extension on something that was already approved”. Mike Hughes stated that “it would be no different if someone missed the original publication and they got on the agenda between the time something was published and the time the agenda was actually here for the meeting.”
 
No comments were received from the public.
 
Motion by Hughes, seconded by Rosenswie to close the public hearing and grant a variance for property located at 312 Reserve Road.
 
Ayes: All                                 Noes: None                             Motion Carried
 
ADJOURNMENT
Motion by Harmon, seconded by Rosenswie, to adjourn the meeting at 7:16 P.M.
 
Ayes: All                                 Noes: None                             Motion Carried