Zoning Board Meeting July 23, 2014
WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
1250 Union Road Minutes #2014-07
West Seneca, NY 14224 July 23, 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 Evelyn Hicks and 30 seconds of silent prayer.
ROLL CALL: Present - Tim Elling, Chairman
Michael P. Harmon
Evelyn Hicks
Michael P. Hughes
Sandra Giese Rosenswie
Jeff Baksa – Building and Plumbing
Charles Grieco- Town Attorney (Available by phone, arrived late)
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 Mike Hughes, seconded by Sandra Giese Rosenswie, 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 Hughes, seconded by Sandra Giese Rosenswie, to approve Minutes
#2014-6 of June 18, 2014.
Ayes: All Noes: None Motion Carried
WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
1250 Union Road Minutes #2014-07
West Seneca, NY 14224 July 23, 2014
Page 2
OLD BUSINESS
2013-036
Request of Harvey and Laurie Benard for a renewal of a variance for property located at 130 Tampa Drive to raise chickens (raising poultry not permitted).
Mike Hughes stated that the applicant asked to remove the item from the agenda because they no longer have chickens.
No comments were received from the public.
Tim Elling stated that should Mr. & Mrs. Benard wish to have chickens on their property in the future they must reapply for a permit.
Motion by Hughes, seconded by Giese Rosenswie, to remove the item from the agenda and close the public hearing.
Ayes: All Noes: None Motion Carried
NEW BUSINESS
2014-034
Request of Thomas Ziokowski for a variance for property located at 111 Sunnyside Drive to expand the driveway to 1’ off the property line (3’ permitted).
Mr. Ziolowski just recently purchased the property and would like to widen the driveway so that he and his wife both have room to park their vehicles in the driveway. Mike Hughes asked Jeff Baksa if there were any concerns from the safety aspect of the plans and Jeff stated that there are not any concerns. Mr. Ziolowski brought letters of support from his neighbors Victor Orsini of 119 Sunnyside Drive and Cliff Shine of 105 Sunnyside Drive.
No comments were received from the public.
Motion by Hughes, seconded by Giese Rosenswie, to close the public hearing and grant a variance for property located at 111 Sunnyside Drive to expand the driveway to 1’ off the property line (3’ permitted).
Ayes: All Noes: None Motion Carried
WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
1250 Union Road Minutes #2014-07
West Seneca, NY 14224 July 23, 2014
Page 3
2014-035
Request of Robert Kaczmarek for a variance for property located at 272 Emporium Avenue to erect a frame deck on side of house (minimum yards 30’ front yard required; 7’ requested due to corner lot).
Mike Hughes asked what the size of the deck would be and he was informed that it would be 10’ by 12’. Mr. Kaczmarek brought a letter of support from his neighbor across the street, Pamela Przybylak of 280 Emporium Avenue. Jeff Baksa stated that there is no concern from a safety point of view and that the street is a dead end so there is not a lot of through traffic.
No comments were received from the public.
Motion by Harmon, seconded by Hicks, to close the public hearing and grant a variance for property located at 272 Emporium Avenue to erect a frame deck on side of house (minimum yards 30’ front yard required; 7’ requested due to corner lot).
Ayes: All Noes: None Motion Carried
2014-037
Request of Thaddeus Witczak for a variance for property located at 300 Tudor Boulevard to erect a tall garage (max building height in an R district 12’-0” to middle of roof; requesting 13’-6” to middle of roof).
Mr. Witczak stated he has a camper and a taller classic vehicle that won’t fit in a normal size garage. Mike Harmon asked how tall from the ground level to the ridge the garage would be, to which Jeff Baksa replied by saying it would be approximately 16.5’ to the peek. Jeff Baksa pointed out that the drawing shows 11’ for the walls, another 2’.6” to the middle of the roof and another 2.5’ to the peek so its about 16’ total to the peek. Evelyn Hicks asked Mr. Witczak is planning on extending his driveway all the way back to the garage, he stated that he is using crusher stone to extend the driveway. Mr. Witczak brought letters of support from his neighbors Laurie DeDominces of 304 Tudor Blvd, Martin Kornetka of 275 Covington Drive and Carol Ann Burke of 294 Tudor Blvd. Mike Harmon stated that the garage is only higher by 1.5’ than what is allowed and that both the width and the depth are not in question. It was determined that the letters of support from Mr. Witczak’s neighbors were agreeing to a structure that is actually larger than what he is going to build.
No comments were received from the public.
WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
1250 Union Road Minutes #2014-07
West Seneca, NY 14224 July 23, 2014
Page 4
Motion by Hicks, seconded by Harmon, to close the public hearing and grant a variance for property located at 330 Tudor Boulevard to erect a detached garage 13.6’ to mid slope 16’ to peek.
Ayes: All Noes: None Motion Carried
2014-038
Request of the King Family for a variance for property located at 1978 Transit Road to split the properties for selling (35’ front width requested for a flag lot, 40’ required; two family 80’ front width requested, 85’ required).
Susan King came to represent the King family. Susan and her siblings listed the property for sale and they are having trouble selling the property because it has two structures on it. The Kings spoke to their realtor and they believe they will have a better chance of selling the properties if they are split. The King’s would prefer to sell the house with the duplex, should they be unable to do that they would like to have to ability to split the properties. Susan said that she sent the neighbors letters but she did not hear back from them. Jeff Baksa stated that the flag lot is required to have 40’ of frontage but the King’s are requesting 35’. The other is a double and an R75 A, they are required to have 85’ but they are requesting 80’. Jeff Baksa stated that the each property has to have its own entrance and that a partial driveway will have to be added in the future. Code Enforcement Officer Baksa stated that in the eyes of the Building Department it makes more sense and is easier to manage to have one lot per structure as opposed to having two structures on one lot.
No comments were received from the public.
Motion by Hughes, seconded by Giese Rosenswie, to close the public hearing and grant a variance for property located at 1978 Transit Road to split the properties for selling (35’ front width requested for a flag lot, 40’ required; two family 80’ front width requested, 85’ required).
Ayes: All Noes: None Motion Carried
Tim Elling stated that for the record Town Attorney Charles Grieco appeared for the meeting.
2014-039
Request for Pete Elniski for a variance for property located at 15 Willow Drive to construct a 6’ fence in side yard (4’ permitted).
WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
1250 Union Road Minutes #2014-07
West Seneca, NY 14224 July 23, 2014
Page 5
Mr. Elniski said that he would like to put up a 6’ fence in the backyard which is located on a corner lot. They would like to keep the fence in line with the property line. Evelyn Hicks asked how close to the sidewalk the fence would be, Mr. Elniski stated that it would be in live with the house that is 27’ from the street. Mr. Elniski brought letters of support from his neighbors Mohamad Hamouche of 36 Smallwood Drive, Julie O’Shei of 8 Willow Drive, Theresa Niebala of 25 Smallwood Drive, Charles Siwy of 33 Smallwood Drive, Pat Loguglio of 23 Willow Drive and Dave & Kathleen Evans of 17 Smallwood Drive.
No comments were received from the public.
Motion by Giese Rosenswie, seconded by Harmon, to close the public hearing and grant a variance for property located at 15 Willow Drive to construct a 6’ fence in side yard.
Ayes: All Noes: None Motion Carried
2014-040
Request of Mr. & Mrs. Hohl for a variance for property located at 211 Allendale to extend the garage closer to the lot line than permitted (3’ side lot setback required, 1’ requested).
Alan Holh stated that they would like to put an addition that is 24’ by 16’ to the back of their existing garage. The Hohl’s will be extending the preexisting garage back an additional 16’, keeping the same distance from the property line. Mr. Hohl brought letters of support from his neighbors Kristy Young of 110 Christopher Drive, Barbara Gauthier of 217 Allendale and Carol Galley of 207 Allendale. Mike Hughes asked if anything has to be done in terms of fireproof and Jeff Baksa stated that nothing had to be done. Mr. Hohl stated that there is going to be a wall between the existing garage and the addition, where he is planning on storing his lawn tractor and storage.
No comments were received from the public.
Motion by Hughes, seconded by Giese Rosenswie, to close the public hearing and grant a variance for property located at
Ayes: All Noes: None Motion Carried
WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
1250 Union Road Minutes #2014-07
West Seneca, NY 14224 July 23, 2014
Page 6
Adjournment
Motion by Giese Rosenswie, seconded by Hicks, to adjourn the meeting at 7:34 P.M.
Ayes: All Noes: None Motion Carried
Respectfully Submitted,
Marleah Martinez
Town Attorney’s Office/ Zoning Board Secretary