Zoning Board Minutes 08/25/2010

WEST SENECA TOWN OFFICES                            ZONING BOARD OF APPEALS
1250 Union Road                                                    Minutes #2010-08
West Seneca, NY   14224                                      August 25, 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, August 25, 2010 at 7:00 P.M. followed by the Pledge of Allegiance.
 
ROLL CALL:             Present    -     William Bond, Chairman
                                                  Michael P. Hughes
                                                  Sandra Giese Rosenswie
                                                  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. 
 
Ayes: All                             Noes: None                         Motion Carried
 
APPROVAL OF PROOFS OF PUBLICATION
 
Motion by Mr. Monolopolus, seconded by Mr. Harmon, to approve the proofs of publication and posting of legal notice.
 
Ayes: All                             Noes: None                         Motion Carried
 
APPROVAL OF MINUTES
          
           Motion by Mr. Hughes, seconded by Mr. Monolopolus, to approve Minutes    #2010-07, July28, 2010.
 
          Ayes:   All                           Noes:   None                       Motion Carried
 
OLD BUSINESS:
 
2010-020      Request of Rane Nite club for a variance for property located at 3036 Seneca Street to allow outdoor events.
 
                    Motion by Mr. Harmon, seconded by Mr. Monolopolus, to receive and file this item.
 
                    Ayes:   All                 Noes:   None                       Motion Carried
 
WEST SENECA TOWN OFFICES                            ZONING BOARD OF APPEALS
1250 Union Road                                                    Minutes #2010-08
West Seneca, NY   14224                                      August 25, 2010
                                                                     Page two . . . 
 
 
2010-053      Request of Al Montgomery & Candy Kozaczka for a variance for property located at 91 Sunrise Terrace to erect 6 ft high fence in side yard.
 
                    Motion by Mrs. Rosenswie, seconded by Mr. Bond, to remove this item from the table.
 
Ayes:   All                 Noes:   None                                 Motion Carried
 
Mr. Bond noted this item was before the Zoning Board at last month’s meeting and tabled for notification of the adjoining neighbors to the property located at 91 Sunrise Terrace.
 
                    Al Montgomery and Candy Kozaczka appeared on the request. Mr. Montgomery stated there is another 6 ft high fence directly across the street which starts at the front of the house, then runs back dropping to 4 ft high.
 
                    Mr. Bond noted the property referred to by applicant is a corner lot. The Zoning Board has approved requests for a 6 ft fence on the side of corner lots in the past because on some occasions the property fronts on both sides and it is questionable what is the front yard and what is the back yard.
 
                    Richard Siminski, 83 Sunrise Terrace, stated his property is adjacent to the subject property. Mr. Siminski thanked the Zoning Board for the opportunity to voice his opposition to the requested variance for the proposed fence. The fence will detract from the beauty and openness of this area, lower the resale value of his property and reduce the number of potential buyers in the event he decides to sell in the future. He was also concerned with the maintenance of the fence. Should the proposed fence become damaged or an eyesore in the future, it would stay that way because the owner has a history of not maintaining her property. There are no windows, sitting areas or doorways except for his garage door, as far as privacy is concerned. There is a row of 5 ft bushes and a split rail fence. There are also three rows of plants, bushes, shrubs, ponds and his patio which has shutters, all separating the two sitting areas with the applicant’s patio on the far side of this area, making it near impossible to see each other. This is not about privacy; this is a spite fence. Of the 200 plus homes in the area, there is only one free standing fence that extends past the front of the house, which is unsightly and out of place. The only other properties that have a high fence are ones that enclose the rear of the property.
 
WEST SENECA TOWN OFFICES                            ZONING BOARD OF APPEALS
1250 Union Road                                                    Minutes #2010-08
West Seneca, NY   14224                                      August 25, 2010
                                                                     Page three . . . 
 
2010-053       (Continued)
 
Mr. Bond stated the question before the Board is the need of applicant to have a 6 ft high fence on that side of the property, as opposed to a 4 ft fence.
                   
                    Mrs. Rosenswie questioned the impact of a 6 ft fence as opposed to a 4 ft fence.
 
                    Mr. Siminski stated his opposition was based on the appearance of the property and that it extends past the front of the house. The fence will be closer on his side than on her side.
 
                    Mr. Harmon questioned on whose property the split rail property was positioned.
 
                    Mr. Siminski responded the split rail fence and shrubbery are on 91 Sunrise. The fence is approximately 6 to 8 inches in on her side of the property line.
 
                    Mr. Harmon asked if Mr. Siminski’s house comes out farther than the front of the 91 Sunrise house.
 
                    Mr. Siminski stated it did not; the proposed fence will come out farther than the front of the houses. His objection to the 6 ft fence is based on appearance and the failure to repair the existing split rail fence which has been damaged for years.
 
                    Mr. Monolopolus questioned how high the bushes are.
 
                    Mr. Siminski stated they have been recently trimmed and roughly 5 ft except at the rear where they are over 6 ft.
 
                    Mr. Harmon asked Mr. Montgomery if he was currently maintaining the split rail fence.
 
Mr. Montgomery stated they are not allowed on the Siminski property. They just had trees trimmed and the neighbor had extended conferences with the man cutting down the trees to make sure nothing fell on his property. He was unsure how tall the bushes are because they are hard to trim with not being allowed on the other side.
 
WEST SENECA TOWN OFFICES                            ZONING BOARD OF APPEALS
1250 Union Road                                                    Minutes #2010-08
West Seneca, NY   14224                                      August 25, 2010
                                                                     Page four . . . 
 
2010-053       (Continued)
 
Mr. Harmon noted everything looks well maintained on both sides of the fence and questioned if the fence was being installed by a professional.
 
Mr. Montgomery responded that the fence will be installed by Iroquois fence and is white vinyl, solid on both sides and maintenance free. The fence can be 4 ft or 6 ft. He didn’t believe a 5 ft fence was available.
 
Mr. Harmon noted this appears to be a matter of the neighbors not getting along and neither a 4 ft nor a 6 ft fence will not solve the problems that exist. If Mr. Siminski is objecting to a 6 ft fence because of resale value and if the applicant would like a 6 ft just to have separation, then he would be willing to compromise with a 5 ft fence. 
 
Mr. Bond noted his next door neighbor erected a white vinyl fence and after a few years of wind going through the back yard, it blew down, and also referred to the new subdivision on Orchard Park Road where 6 ft fences were allowed; those fences are always blowing down.
 
Mr. Montgomery stated tree lines and the close proximity of houses near his house tend to prevent substantial wind.
 
Mr. Harmon stated the applicant could erect a 6 ft high fence from the back of the home to the rear lot line without any approval from this Board.
 
Motion by Mr. Harmon, seconded by Mr. Monolopolus, to close the public hearing and grant a variance for property located at 91 Sunrise Terrace to allow a 5 ft high fence in the side yard running from the rear of the house at the southeast corner to a line perpendicular to the front of the neighbor’s house, and then a 4 ft high fence thereafter as the code allows.
 
On the question, Mr. Bond stated he would be voting again the requested variance. The code allows a 5 ft fence and a 4 ft fence. There are no other 5 or 6 ft fences in the area and this changes the character of the neighborhood by allowing it. He also referenced the neighbor’s complaint that allowing the variance would decrease the value of his home.
 
Ayes: Four (4)          Mr. Harmon, Mr. Monolopolus, Mrs. Rosenswie, Mr.                  Hughes
Noes:   One (1)          Mr. Bond                                      Motion Carried
WEST SENECA TOWN OFFICES                            ZONING BOARD OF APPEALS
1250 Union Road                                                    Minutes #2010-08
West Seneca, NY   14224                                      August 25, 2010
                                                                     Page five . . . 
 
 
NEW BUSINESS:
 
2010-055      Request of Christopher Ford for a variance for property located at 165 East Avenue to erect 4 ft high fence in required front yard.
 
                    Mr. Bond noted the absence of applicant at this meeting.
 
                    Motion by Mr. Hughes, seconded by Mr. Bond, to table this item until the September meeting
 
                    Ayes:   All                 Noes:   None                                 Motion Carried
 
2010-056      Request of William Mayer for a variance for property located at 1167 Union Road to allow larger sign than permitted by code.
 
                    William Mayer, 80 Pamela Court, contractor for the owner of the smoke shop, appeared on the request. Jim Liegl owns the plaza and has given permission for requesting the variance.
 
                    Mr. Bond asked if Mr. Liegl was also his client.
 
                    Mr. Mayer responded that was correct. They went slighter bigger with the size of the sign because they are limited width wise. The nail salon is so close to the front that the one side would be almost blocked if they went with an 8 ft sign. There is 35 feet from the building to the property line and they would like to set the first pole as close to the property line as possible.
 
                    No comments were received from the public.
 
                    Motion by Mr. Hughes, seconded by Mrs. Rosenswie, to close the public hearing and grant a variance for property located at 1167 Union Road to allow larger sign than permitted by code.
 
                    Ayes:   All                 Noes:   None                                 Motion Carried
 
2010-057      Request of John Eberz, DDS for a variance for property located at 3811 Seneca Street to add 2 patient treatment rooms without additional required parking.
 
                    Mr. Bond stated that the code requires a contract with the neighbor when off street parking is requested in order to meet required parking spaces
WEST SENECA TOWN OFFICES                            ZONING BOARD OF APPEALS
1250 Union Road                                                    Minutes #2010-08
West Seneca, NY   14224                                      August 25, 2010
                                                                     Page six . . . 
 
2010-057       (Continued)
 
and noted that the property next door is also owned by applicant. He asked if the applicant would have any objection to a variance conditioned on applicant either owning the property next door or entering into a contract with any new owner to park cars there.
 
                    Applicant responded that was acceptable.
 
                    Mr. Pinnavaia requested the Board add a condition to any variance granted that the parking area be maintained with stone and not hard paved.
 
                    No comments were received from the public.
 
                    Motion by Mr. Harmon, seconded by Mr. Bond, to close the public hearing and grant a variance for property located at 3811 Seneca Street to add 2 patient treatment rooms without additional required parking, with the stipulation that in the event the owner of the subject property sells the property next door he must enter into a contract with the new owner to be able to park the cars as allowed by the variance, and further that the surface does not have to be paved and can be left gravel.
 
                    Ayes:   All                 Noes:   None                                 Motion Carried
 
2010-058      Request of Delta Sonic Car Wash for a variance for property located at 350 Langner Road to install new sign face 51 sq ft in excess of allowable square footage.
 
Mr. Bond referred to documentation provided by the applicant and noted the proposed sign will actually be a reduction in size. The Town Board also granted permission for the LED portion of the sign.
 
Applicant stated that was correct and when he spoke later with Mr. Pinnavaia he was advised to come to the Zoning Board since it was a non-conforming sign.
 
Mr. Hughes questioned the time span in which the sign will be lit.
 
Applicant stated they close at 11:00 and the sign will go off at that time. There will be no off-site advertisement. The sign will change between 20 and 30 seconds.
 
WEST SENECA TOWN OFFICES                            ZONING BOARD OF APPEALS
1250 Union Road                                                    Minutes #2010-08
West Seneca, NY   14224                                      August 25, 2010
                                                                     Page seven . . . 
 
2010-058       (Continued)
 
No comments were heard from the public.
 
Motion by Mr. Hughes, seconded by Mrs. Rosenswie, to close the public hearing and grant a variance for property located at 350 Langner Road to install new sign face 51 sq ft in excess of allowable square footage.
 
Ayes:   All                 Noes:   None                                 Motion Carried
 
ADJOURNMENT:
 
Motion by Mr. Bond, seconded by Mrs. Rosenswie, to close the public hearing and adjourn the meeting (7:35 p.m.)
 
Respectfully submitted,
 
 
 
Patricia C. DePasquale, RMC/CMC
Secretary