Zoning Board Minutes June 18, 2014
WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
1250 Union Road Minutes #2014-06
West Seneca, NY 14224 June 18, 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 Harmon and 30 seconds of silent prayer.
ROLL CALL: Present - Tim Elling, Chairman
Michael P. Harmon
Evelyn Hicks
Michael P. Hughes (Late Arrival)
Sandra Giese Rosenswie
Jeff Baksa – Building and Plumbing
Absent - Town Attorney - Available by Phone
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 Mike Harmon, seconded by Evelyn Hicks, to open the public hearing.
Ayes: All Noes: None Motion Carried
APPROVAL OF PROOFS OF PUBLICATION
Motion by Mike Harmon, seconded by Evelyn Hicks that proofs of publication and posting of legal notice be received and filed.
Ayes: All Noes: None Motion Carried
APPROVAL OF MINUTES
Motion by Mike Harmon, seconded by Evelyn Hicks, to approve Minutes #2014-05 May 28, 2014.
Ayes: All Noes: None Motion Carried
Tim Elling stated that he had not heard from Michael Hughes and that he will be marked absent from this meeting.
WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
1250 Union Road Minutes #2014-06
West Seneca, NY 14224 June 18, 2014
Page 2
OLD BUSINESS
2013-043
Request of Chris Candino for a renewal of a variance for property located at 2732 Transit Road to construct a 72 sf per side ground sign.
Mr. Candino represents Palladian Muscular and Skeletal Health; he manages the medical complex at this location. Mr. Candino appeared before the board approximately one year ago and due to internal issues the variance approved for the sign expired before the sign could be installed. Mr. Candino stated that they did get approved for this variance last year but there was a lapse in time making it necessary for him to come back and get an extension for this variance.
No comments from the public were made.
Motion by Mike Harmon, seconded by Sandra Giese Rosenswie, to close the public hearing and grant the variance as requested, for property located at 2732 Transit Road to construct a 72 sf per side ground sign.
Ayes: All Noes: None Motion Carried
*Tim Elling stated that for the record Mike Hughes was here for the voting of this variance.
2014-018
Request of Jack Macey and Scott Draves for a variance for property located at 1325 Orchard Park Road to erect an electronic sign on the property.
Mr. Macey and Mr. Draves appeared before the Zoning Board at its May 28th meeting regarding this variance. They would like to erect an electronic sign in front of their building that conforms to the Electronic Sign Ordinance. Mr. Draves and Mr. Macey met with Chief Denz and have a letter of support from him regarding their sign proposal. Tim Elling read the letter from Chief Denz stating that he is “confident that this proposal is workable” and he that he believes the sign “will not impede nor distract either vehicle or pedestrian traffic in the area”. A letter of support from Michael Khoury who resides at 2 Sunset Creek Drive was also presented.
Susan Kims asked what the size of the sign is going to be, she was told it will be 19” by 53”.
WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
1250 Union Road Minutes #2014-06
West Seneca, NY 14224 June 18, 2014
Page 3
Motion by Mike Hughes, seconded by Sandra Geise Rosenswie, to close the public hearing
and grant the variance for property located at 1325 Orchard Park Road to erect an electronic sign on the property.
Ayes: All Noes: None Motion Carried
2014-024
Request of Keith Lentsch for a variance for property located at 145 Barnsdale to erect a detached garage higher than permitted (3’ side yard setback permitted, 1.5 side yard requested; 12’ max height permitted, 14.75 max height requested)
Mr. Lentsch stated that he no longer needs the variance for the 1.5’ side yard. Mr. Lentsch has letters of support from his neighbors: Tara Polilla of 150 Barnsdale, James Harrer of 151 Barnsdale, Kari & Jeremy Rauch of 150 Knox Avenue, Rose Marie Wylie of 155 Barnsdale, John & Nicole DeJoy of 156 Knox Avenue and Sally Brown & Angelene Mack of 141 Barnsdale. Jeff Baksa stated that Mr. Lentsch is basically looking to make his garage an extra 2.5’ taller than allowed.
No comments from the public were made.
Motion by Sandra Giese Rosenswie, seconded by Mike Hughes , to close the public hearing and grant the variance for property located at 145 Barnsdale to erect a detached garage higher than permitted (12’ max height permitted, 14.75 max height requested)
Ayes: All Noes: None Motion Carried
Mike Hughes asked if there were template letters that could be sent to the applicants so that people have an idea as to what their letters of support should say. It was agreed upon that template letters should be put together and sent out to be used as a reference.
NEW BUSINESS
2014-033
Request of Shirley Burgos for a variance for property located at 4820 Seneca Street to allow a 4’ fence that is 32’ from front of home (10’ projection allowed, 32’ requested)
Mrs. Burgos has an in home child care center and she is licensed by New York State. She would like to fence because it will provide shade in the back yard and it will keep the
WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
1250 Union Road Minutes #2014-06
West Seneca, NY 14224 June 18, 2014
Page 4
children she cares for concealed, she added that she is located on a busy street. Mike Harmon mentioned that on the application there is mention of a sign; Jeff Baksa stated that when it comes to child care providers because of New York State regulations and safety factors the Town does not require a permit for the sign. Tim Elling read letters of support from neighbors: Bruce Spect of 4815 Seneca Street, Matthew Dembrowski of 4826 Seneca Street, Shirley Ando of 4808 Seneca Street and also a letter from a parent at 151 Main Street who sends their child to Mrs. Burgos’ day care center.
No comments from the public were made.
Motion by Mike Harmon, seconded by Mike Hughes, to close the public hearing and grant the variance for property located at 4820 Seneca Street to allow a 4’ fence that is 32’ from front of home (10’ projection allowed, 32’ requested)
Ayes: All Noes: None Motion Carried
2014-026
Request of John Ford for a variance for property located at 79 Caldwell Drive to install a continuous deck from house to pool.
John Ford stated that they have a patio outside of their sliding glass door and they would like to put a deck adjacent to that. They would like to make the deck a two tier deck that leads to the pool. Mr. Ford explained that from the first deck to the second deck there will be a gate that automatically closes and locks. Mr. Ford brought letters of support from Kelly and Thomas Hathaway who reside at 75 Caldwell and also from his neighbors at 83 Caldwell. Mike Hughes asked about a pool alarm and Mr. Ford said that there is one.
No comments from the public were made.
Motion by Mike Hughes, seconded by Sandra Giese Rosenswie, to close the public hearing and grant the variance for property located at 79 Caldwell Drive to install a continuous deck from house to pool.
Ayes: All Noes: None Motion Carried
WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
1250 Union Road Minutes #2014-06
West Seneca, NY 14224 June 18, 2014
Page 4
2014-027
Request of Douglas McIvor for a variance for property located at 350 Schultz Road to allow a deck connected to the house and a semi-in ground pool (10’ separation required, connection of deck to pool and house requested)
Mr. McIvor stated that he is installing a semi in ground pool which will be 12’ away from the house. He would like the deck to be attached to the back of the house with an entrance off the patio. Mr. McIvor has a signed letter of support from Harvey Strassburg of 353 Schultz Road, Beverley Strassburg of 359 Schultz Road, M. Beondolillo of 335 Schultz Road, MaryBeth and Terry McElligott of 238 Schultz Road, the Sages of 2 Pine Court North, Joseph Valvo of 23 Pine Court North and C.T. Vallene of 14 Pine Court North. Mr. McIvor stated that there will be a locking gate off of the patio and there is a pool alarm.
No comments from the public were made.
Motion by Evelyn Hicks, seconded by Mike Harmon, to close the public hearing and grant the variance to construct a deck connected to the house and a semi-in ground pool.
Ayes: All Noes: None Motion Carried
2014-028
Request of Noreen Noller for a variance for property located at 945 Mineral Springs to cover the front porch with a roof (120-39 C4 porch not permitted to have roof)
Mrs. Noller would like to put an A shaped roof to extend over her existing front porch. Noreen Noller stated that the existing concrete porch would not be extended. Mrs. Noller brought letters of support from her neighbors Michael Lubasik of 955 Mineral Springs and Marilyn Pease.
No comments from the public were made.
Motion by Mike Harmon, seconded by Sandra Giese Rosenswie, to close the public hearing and grant the variance for property located at 945 Mineral Springs Road to cover the front porch with a roof.
Ayes: All Noes: None Motion Carried
WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
1250 Union Road Minutes #2014-06
West Seneca, NY 14224 June 18, 2014
Page 5
2014-029
Request of Great Expectations Child Care Center Inc. for a variance for property located at 4534 Clinton Street to allow a second sign on property (one sign permitted; Zoning Ordinance 120-40-7)
Lindsay Rupert of Great Expectations Child Care Center came to request a second sign on the property to represent their business which is located in building #2. Mrs. Rupert stated that there is currently a fixed LED sign on the property but it does not represent her business. Mike Hughes asked Jeff Baksa if there were any concerns from a safety perspective, Mr. Baksa stated that the area is already loaded with signs and if there is a problem then it is already occurring without this sign. Tim Elling asked how many different units or businesses are located at this address. Mrs. Rupert explained that the child care takes up suites five through eight and there are four suites in the front building, for a total of five different occupants at this address. Tim Elling asked about the existing LED sign that is owned by the landlord of 4534 Clinton Street who primarily uses the sign to advertise his business. Jeff Baksa stated that the LED sign is a permanent sign, which predates the electronic sign ordinance. Mrs. Rupert said that she spoke to the landlord who said that he will not allow her to add to the existing LED sign that is already there since it is already exceeding the allowed parameters. Mr. Elling stated that he is concerned about what happens if the other tenants at this location also decide that they want to have a sign. Jeff Baksa stated that should that happen, a stipulation could be placed that the owner must combine the signs. Jeff Baksa stated that he is familiar with the other businesses at this location and they are not businesses that do very much advertising. Mrs. Rupert stated that the sign is going to be placed on the west side of the driveway. Mrs. Rupert brought a signed letter of support from her neighbors Pinelli landscaping of 4524 Clinton Street, Tom Manko of 4560 Clinton Street, Katrina Gardina of 4559 Clinton Street, Louis C. of 4555 Clinton Street, Judy Guarino of 4560 Clinton Street, Lisa Caruana of 4553 Clinton Street and Classic Window and Door(Ron W.) of 4540 Clinton Street. Mike Harmon reminded everyone that the sign is going to be a fixed standard sign that is not electronic. Mrs. Rupert stated that the highest point of the sign is around 7’.
Susan Kims of Covington Drive asked what the size of the sign would be. It is going to be 4’ by 8’ which is within the Town Code.
Evelyn Hicks made a motion to close the public hearing with the stipulation that Mrs. Rupert talk to the people constructing the sign and request that they build it in a way that other signs could be added to the sign, should the other tenants of this location want to have their own signs. Evelyn Hicks later rescinded her motion.
WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
1250 Union Road Minutes #2014-06
West Seneca, NY 14224 June 18, 2014
Page 7
Motion by Sandra Geise Rosenswie, seconded by Mike Harmon, to close the public hearing and grant the variance for property located at 4534 Clinton Street to allow a second sign on the property.
Ayes: All Noes: None Motion Carried
2014-030
Request of John and Kim Walker for a variance for property located at 27 Crystal Lane to erect an addition in required yards (Minimum Yards: front 30’/side5’; requested: front 27’/side 4’)
Mr. Walker explained they wanted to expand the house to help improve the property. Mike Hughes pointed out that the Walkers were looking for two variances, one for a 4’ side setback instead of the required 5’ and in the front they’re requesting a 27’ setback instead of 30’. Mr. Walker brought a rough drawing of the plans to show what the addition will look like. Tim Elling asked about the drainage on the house and where it would be going due to the addition. Mr. Walker explained that right now they have a bubbler that goes to the road, which is going to be moved when the addition is built. Mr. Elling asked where the air conditioning unit would go once the addition is built, to which Mr. Walker replied by saying it would most likely go in the back yard. Mr. Elling read letters of support from neighbors Michelle and Scott Potter of 33 Crystal Lane and Amanda and Steve Englert of 21 Crystal Lane. Evelyn Hicks points out that the addition will be attached to the deck and questioned whether or not there would be a door on the addition. Mr. Walker explained that the only thing on the back will of the addition would be a window.
No comments from the public were made.
Motion by Mike Hughes, seconded by Sandra Giese Rosenswie, to close the public hearing and grant the variance for 27 Crystal Lane to erect an addition in required yards with a 4’ side setback and a 27’ setback in the front yard.
Ayes: All Noes: None Motion Carried
2014-031
Request of Sean Cummins for a variance for property located at 800 Mineral Springs Road to erect a front porch within required front yard (120-39 C4 required porch with no roof; requesting porch with roof)
WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
1250 Union Road Minutes #2014-06
West Seneca, NY 14224 June 18, 2014
Page 8
Mr. Cummins explained that he is doing remodeling to the house. Mr. Cummins said that the existing porch is concrete and starting to crumble so he would like to rebuild it to make it safer. Mike Hughes asked what the size of the new front porch will be and it is determined it will be 14’ by 6’. Mr. Cummins explained that he has no intention to enclose the front porch.
No comments from the public were made.
Motion by Mike Hughes, seconded by Sandra Giese Rosenswie, to close the public hearing and grant the variance for 800 Mineral Springs Road to erect a front porch within required front yard.
Ayes: All Noes: None Motion Carried
2014-032
Request of Randy Beenau for a variance for property located at 75 Sherwood Lane to allow and accessory structure 3’ from primary structure (no closer than 10’ permitted)
Mr. Beenau explained that they are having a pool installed and would like to put an extension on their deck. Mr. Beenau said that first he is going to have the pool installed to be within 3’ of the existing deck and then they will expand the deck to meet at the pools edge. Mr. Beenau explained that there will be a self-closing locking gate. Jeff Baksa explained that the variance is actually for a 0’ separation instead of a 3’ separation. Mr. Elling read letters of support from Art Heck of 67 Sherwood Lane and from Robert Roach of 83 Sherwood Lane.
No comments from the public were made.
Motion by Mike Harmon, seconded by Sandra Giese Rosenswie, to close the public hearing and grant the variance for 75 Sherwood Lane to reduce the separation from the deck to the pool to 0’.
Ayes: All Noes: None Motion Carried
Tim Elling noted that he has completed his minimum training for this year of 4 hours. The certificates have been filed with this month’s meetings paperwork.
WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
1250 Union Road Minutes #2014-06
West Seneca, NY 14224 June 18, 2014
Page 9
ADJOURNMENT
Motion by Sandra Giese Rosenswie, seconded by Mike Hughes to adjourn the meeting at 8:09PM.
Ayes: All Noes: None Motion Carried