Board of Appeals Meeting Minutes 01/27/2010

WEST SENECA TOWN OFFICES              WEST SENECA ZONING BOARD
1250 Union Road                                        Minutes #2010-01
West Seneca, NY 14224                             January 27, 2010

The regular meeting of the Zoning Board of Appeals of the Town of West Seneca was called to order by Chairman Bond on Wednesday, May 26, 2010 at 7:00 P.M. followed by the Pledge of Allegiance.

ROLL CALL:     Present  -  William Bond, Chairman
           Sandra Giese Rosenswie
           Michael P. Hughes
           Michael P. Harmon
           David Monolopolus
           Shawn P. Martin, Town Attorney
           Robert Pinnavaia, Asst Code Enforcement Officer

OPENING OF PUBLIC HEARING

Motion by Mr. Hughes, seconded by Mrs. Rosenswie, to open the Public Hearing. 

APPROVAL OF PROOFS OF PUBLICATION

Motion by Mr. Monolopolus, seconded by Mr. Harmon, to approve the proofs of publication and posting of legal notice.

APPROVAL OF MINUTES

Motion by Mr. Hughes, seconded by Mrs. Rosenswie, to approve Minutes #2009-11, December 9, 2009.

TABLED ITEMS:

2009-096Request of Matthew J. Rutski for a variance for property located at 3680 Seneca Street to erect detached garage with apartment above.

Motion by Mr. Harmon, seconded by Mr. Monolopolus, to remove this item from the table.

Chairman Bond stated that the attorney for the applicant has requested this item be adjourned generally.

Motion by Mr. Bond, seconded by Mr. Harmon, to table Item #2009-096 generally.

 NEW BUSINESS:

2009-104Request of Sebastiano Const for a variance for property located at 3775 Seneca Street to e rect windbreak wall on existing builidng 4.5 ft from side property line (25 ft required)

Joseph Sebastiano, 218 Enchanted Forest, Lancaster, stated he had been requested to put up two walls where the basement door is located on the side of the building to act as windbreakers in blocking the snow.  He was unaware of the code requirements since this was a small job.  A letter of no objection from the resident at 3807 Seneca Street was submitted.  He was unable to contact the owner on the opposite side.

Mr. Harmon questioned the length of the proposed walls.

Mr. Sebastiano stated they were 7 feet long, made of vinyl siding and 2 x 4’s, and already constructed, just before the winter began.

No comments were received from the public.

Motion by Mr. Harmon, seconded by Mrs. Rosenswie, to close the public hearing and grant a variance for property located at 3775 Seneca Street to e rect windbreak wall on existing builidng 4.5 ft from side property line.

2009-105Request of David Manko for a variance for property located at 4534 Clinton St to reduce required ground clearance from 8 ft to 1.67 ft.

David Manko, 4534 Clinton Street, submitted photos of the proposed sign and the engineer’s site plan.  He stated the sign will be approximately 35 ft back from the road.  Mr. Manko reviewed the site plan and the exact proposed location of the sign with Zoning Board members.

Mr. Bond commented on the concern of the Board that the sign will block the vision of traffic.

Mr. Manko noted that the proposed sign lines up with that of the next door neighbors, Pinelli Landscaping and Classic Windows & Doors, and will not block the vision of traffic.

Mr. Pinnavaia noted that the Town Board has given approval for the electronic portion of the sign.

No comments were heard from the public.

Motion by Mr. Hughes, seconded by Mr. Monolopolus, to close the public hearing and grant a variance for property located at 4534 Clinton St to reduce required ground clearance from 8 ft to 1.67 ft.

2010-001     Request of Roland Georger, Esq., as attorney for JGB Group LLC,  for a variance for property located at 3654 Clinton Street  to allow 14 parking spaces (16 required).

Roland Georger, Esq., attorney for JGB Group LLC, 9276 Main Street, Clarence, appeared on the request with the owner of the property, and submitted photos of the property along with letters of no objection from residents at 3666 Clinton Street, 3640 Clinton Street, 3659 Clinton Street, and 3675 Clinton Street.

Mr. Bond referred to the memorandum also submitted by Mr. Georger, noting that it was well drafted and adequately met all the requirements for an area variance.  This is the type of business where there will not be an inordinate amount of customers coming in and out all day.

Mr. Georger agreed, commenting that the petitioner provides an outsource IT type of service with approximately 6 employees who remote into the customers’ computers, requiring 6 to 9 parking spaces at any time.  The petitioner is requesting the required parking spaces be reduced from 16 to 14.

Mr. Pinnavaia noted that the 16 spaces required by the code are based on square footage and the type of business.  In the event a change in use was requested in the future, for example a doctor’s office, then this would have to return to the Zoning Board as that type professional office would require additional parking spaces. 

No comments were heard from the public.

Motion by Mrs. Rosenswie, seconded by Mr. Monolopolus, to close the public hearing and grant a variance for property located at 3654 Clinton Street  to allow 14 parking spaces.

On the question, Mr. Bond stated he was voting in favor of the variance based on the reasoning outlined in the memorandum.

ADJOURNMENT:

Motion by Mr. Hughes, seconded by Mrs. Rosenswie, to close the public hearing and adjourn the meeting (7:15 p.m.).

Respectfully submitted,

Patricia C. DePasquale, RMC/CMC
Secretary