Zoning Board Minutes 09/22/2010

WEST SENECA TOWN OFFICES                            ZONING BOARD OF APPEALS
1250 Union Road                                                    Minutes #2010-09
West Seneca, NY   14224                                      September 22, 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, September 22, 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, Code Enforcement Officer
 
                                                 
OPENING OF PUBLIC HEARING
 
Motion by Mr. Hughes, seconded by Mr. Monolopolus, 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 Mrs. Rosenswie, seconded by Mr. Hughes, to approve Minutes     #2010-08, August 25, 2010.
 
          Ayes:   All                           Noes:   None                       Motion Carried
 
OLD 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 this is the second consecutive meeting at which the applicant has failed to appear. This item was received and filed.
 
 
 
WEST SENECA TOWN OFFICES                            ZONING BOARD OF APPEALS
1250 Union Road                                                    Minutes #2010-09
West Seneca, NY   14224                                      September 22, 2010
                                                                     Page two . . . 
 
NEW BUSINESS:
 
2010-059      Request of Alex Harris for a variance for property located at 1475 Orchard Park Road to install clothing drop-off shed.
 
                    Ben DeGeorge and Alex Hillis, 1067 Gateway Drive, Farmington, New York, appeared on the request with Pastor Hope Harle-Mould of St. Peters UCC.
 
                    Mr. Bond noted there is an existing shed.
 
                    Pastor Hope Marle-Mould stated that is for recycling of papers.
 
                    Mr. Bond asked how many other sites the applicant operated in West Seneca for this type of clothing drop-off shed.
 
                    Mr. DeGeorge stated there was one other site located at the Firemen’s Memorial Exhibit. The proposed shed is 8 x 16 and wooden, built by the Mennonites, and sits approximately 50 ft from the side property line. St. Pauly Textile is a family owned business based out of Rochester. 85,000 pounds of clothing ire collected per day in Western and Central New York. There are currently 356 clothing drop-off sheds and there has never been a school, church or a fire department request that the shed be removed in the 14 years that St. Pauly has been in existence. The clothing is brought to a location in Rochester and is then sent out to agencies and organizations around the world and the U.S. The clothing is sold for pennies on the pound to these different organizations. The funding received from the organizations is then sent back to the local organization. Firemen’s Memorial Exhibit was cited as one organization which recently received over $200.00 from the applicant’s company, which is average. The company employs 30 people, pays taxes, keeps clothing out of the landfill and sends funding back to the churches.
 
                    Mrs. Rosenswie questioned what other places around the world these items of clothing were sent.
 
                    Mr. DeGeorge responded they clothing is sent to 45 different countries, including Africa, South America, and Haiti; wherever there is a need for clothing.
 
                    Code Enforcement Officer Pinnavaia stated the front 250 ft of the property is zoned commericial.
 
WEST SENECA TOWN OFFICES                            ZONING BOARD OF APPEALS
1250 Union Road                                                    Minutes #2010-09
West Seneca, NY   14224                                      September 22, 2010
                                                                     Page three . . . 
 
2010-059       (Continued)
 
Mr. Bond noted his concern about saturation of these type sheds in town and asked how many sheds were located in the areas serviced by the company.
 
                    Mr. DeGeorge stated there are 356 boxes. The sheds are spaced far enough apart so they do not compete with each other. Alex Hillis focuses on the Western New York area and he focuses on the Central New York area. Traffic patterns in a community are looked at and the sheds spaced usually 5 miles apart in a suburban area.
 
                    Mr. Bond noted that the clothing sheds in West Seneca are approximately a mile or mile and a half apart.
 
                    Mr. Hughes questioned the overall plan for West Seneca itself.
 
                    Mr. Hillis stated that they will most likely be coming back before the Board one or two more times. They have had discussions with the church on Southwestern Boulevard. The sheds are emptied weekly unless needed more often. 
 
                    Mr. Harmon noted applicant is a for profit company and actually in competition with other organizations such as Goodwill, Amvets, City Mission, etc. The money made by Goodwill, for instance, stays in the area, where the dollars earned by applicant go to its corporate offices. He noted that he, along with others, have looked into this type of situation and they are not pleased with the not for profit organizations having to compete with companies such as applicant. The not for profit companies benefit the people in Western New York and the money stays in Western New York. There are a number of these type drop off sheds in the area and he felt the area was becoming saturated with them. Money that would have been used locally is instead sent to other cities by applicant’s company which is making a profit. 
 
                    Mr. DeGeorge noted that many of these other organizations take in more clothing than they can use, plus much of it is often placed outside the various buildings and often become drenched and ruined from rain, causing the organizations to throw the items away. The average person in the US gets rid of 70 pounds of clothing every year. A very small percentage of that is actually donated to organizations; the majority is thrown out.
 
WEST SENECA TOWN OFFICES                            ZONING BOARD OF APPEALS
1250 Union Road                                                    Minutes #2010-09
West Seneca, NY   14224                                      September 22, 2010
                                                                     Page four . . . 
 
2010-059       (Continued)
 
Mr. Harmon noted that 70% of the money needed by Goodwill comes from clothing donations and they employ over 3100 people locally.
                   
                    Mr. Harris stated that most of the money derived from sales is reinvested in St. Pauly in order to grow and bring the mission to other countries.
 
                    Mr. Harmon noted the money was invested back into the company which is a profit company.
 
                    Mr. Bond questioned how many other type sheds are located in town.
 
                    Mr. Pinnavaia stated there is an Amvets store at Ridge Road and Goodwill maintains a drop off center at the Tops store. City Mission was also located at the Gardenville Plaza but has since closed. He noted it is his job to oversee that dumpsters are screened properly and to have A-frames that liter up the roadways removed.
 
                    Mr. DeGeorge stated he was aware of the concern with the A-frame at the other location and that sign was taken down.
 
                    Pastor Hope Harle-Mould commented that the Church has a whole community of people who are committed to this project and to keep the grounds of the Church clean and attractive. The Church also collects clothing and donates to needy individuals in downtown Buffalo.
 
                    Kenneth Inwood, 15 Kelvin Drive, Tonawanda, stated he works with another church with a clothing closet where people come in for clothing and understands the importance of such a project. He is also aware of people dropping off clothing at the building only to ruined by rain, or in such condition that they cannot be used.
 
                    Motion by Mr. Hughes, seconded by Mr. Monolopolus, to close the public hearing and grant a variance for property located at 1475 Orchard Park Road to install clothing drop-off shed.
 
                    On the question, Mr. Bond stated he would be voting for this item but is concerned with future saturation. The location itself is in a C-2 district which is commercial, it does not change the character of the neighborhood and is in conformance with the mission of the church.
 
Ayes:   All                 Noes:   None                                 Motion Carried
WEST SENECA TOWN OFFICES                            ZONING BOARD OF APPEALS
1250 Union Road                                                    Minutes #2010-09
West Seneca, NY   14224                                      September 22, 2010
                                                                     Page five . . . 
 
2010-060      Request of Michael Donohue for a variance for property located at 25 Leydecker Road to erect accessory structure on lot without principle building; permission to erect garage 15 ft 5 inches high.
 
                    Mr. Bond noted that applicant is here because the proposed pole barn is an accessory building to a house but the house has not yet been built.
 
                    Michael Donohue, 139 Suburban Court, stated the house itself will most likely be built next year at this time. The house will be located approximately 50 ft in front of the pole barn. The extra height is needed to accommodate the size of the pole barn itself.
 
                    Mr. Hughes questioned where the antique cars are currently stored.
 
                    Mr. Donohue stated they are currently being stored in a warehouse but the warehouse has not been leased out to a private company and he needs another place to store them. There is no place on his current property to store his 4 antique cars, 2 everyday vehicles, plus a 14 ft fishing boat, a pop up trailer, motorcycle, and lawn mower. He will not be erecting another garage. Letters of no objection were submitted from residents at 55 Leydecker, 65 Leydecker, 86 Leydecker, 94 Leydecker, 112 Leydecker and 23 In The Woods.
 
                    Mr. Pinnavaia noted the building is 1600 sq ft and if the side walls are 12 ft high.
 
                    Mr. Harmon asked if the building could be seen from Southwestern.
 
                    Mr. Donohue referred to the aerial drawing which showed trees blocking the vision from Southwestern. The driveway will be on Leydecker.
 
                    No comments were received from the public.
 
                    Motion by Mr. Harmon, seconded by Mr. Bond, to close the public hearing and grant variances for property located at 25 Leydecker Road to erect accessory structure on lot without principle building and permission to erect garage 15 ft 5 inches high.
                   
                    Ayes:   Three (3)        Mr. Harmon, Mr. Bond, Mr. Hughes
Noes:   Two (2)         Mrs. Rosenswie, Mr. Monolopolous     Motion Carried
 
2010-061      Request of Gina Burke for a variance for property located at 24 Elwood Drive to install 6 ft high fence in side yard.
WEST SENECA TOWN OFFICES                            ZONING BOARD OF APPEALS
1250 Union Road                                                    Minutes #2010-09
West Seneca, NY   14224                                      September 22, 2010
                                                                     Page six . . . 
 
2010-061       (Continued)
 
                    Gina Burke, 24 Elwood, and Glen Miller, property owners, appeared on the request. 
 
                    Ms. Burke stated she was not aware a 6 ft fence was not allowed at the time she applied for the building permit. The fence was erected by her uncle.
 
                    Mr. Bond questioned the occupation of applicant’s uncle.
 
                    Ms. Burke replied that her uncle does construction work.
 
                    Mr. Bond noted that the uncle should have known then that a 6 ft fence was not allowed.
 
                    Mr. Miller stated that all they had was a receipt for the payment of the building permit and they were unaware of the building code. Every other house in the neighborhood has a 6 ft fence. Once the fence was erected, there was a complaint from the neighbor. 
 
                    Mr. Bond stated the ordinance allows a 4 ft fence on the side. The application lists two small children and the swimming pool as reasons for the requested variance. There would be no difference between having a 4 ft fence and a 6 ft fence as far as the children are concerned. There are other swimming pools in town and they all require a fence. A 6ft fence could be erected across the back of the house and remain within the ordinance while still protecting the swimming pool. Mr. Bond also spoke with the neighbor and toured the neighborhood. There was no other 6 ft fence except for a corner lot which is treated differently because a corner lot lacks a back or side yard. He noted many of the other houses had 4 ft fences in the back even though a 6 ft fence is allowed in the rear and he felt the request of applicant would change the character of the neighborhood.
 
                    Ms. Burke disagreed, stated she sees many 6 ft fences in the back yards.
 
                    Mr. Bond stated a 6 ft fence is allowed in the back yard, from the end of the property in the back to the back of the house. It’s the side yard that cannot have a 6 ft fence.
 
                    Ms. Burke replied this was their error but they have spent their entire life savings on the house and cannot afford the expense of replacing the
WEST SENECA TOWN OFFICES                            ZONING BOARD OF APPEALS
1250 Union Road                                                    Minutes #2010-09
West Seneca, NY   14224                                      September 22, 2010
                                                                     Page seven . . . 
 
2010-061       (Continued)
 
fence. A letter of no objection was submitted from the resident at 16 Elwood, noting the fence is well constructed and an improvement to the property, and further ensures the safety of the neighbors.
 
                    Mr. Miller inquired if he would be allowed to place 20 ft trees in front of the house in lieu of the fence.
 
                    Mr. Bond stated that trees over 6 ft tall planted so close as to constitute a fence would be considered a fence and in violation of the code.
 
                    Bill Peterson, 32 Elwood Drive, stated that the applicant was informed previously about the fence being allowed 6 ft only in the back. They had asked for 3 ½ ft in the front based on the requirement 44 years ago when he purchased his home.    The chain link fence was removed and the new fence erected. Mr. Peterson said the fence caused him to feel as if he was living in a box. Applicants also had a party in the yard and placed a johnny-on-the-spot 6 ft from their bedroom window.
 
                    Motion by Mrs. Rosenswie, seconded by Mr. Monolopolus, to close the public hearing and grant a variance for property located at 24 Elwood Drive to install 6 ft high fence in side yard.
 
                    On the question, Mr. Harmon stated he views this type fence across the front of the house as a stockade fence. Privacy for the children and safety concerns can be accomplished with a 4 ft fence.
 
                    On the question, Mr. Bond stated he opposes every 6 ft fence in side yards because it does devalue property and it gives the sense of being boxed in, giving the property a fort-like appearance. The ordinance calls for 4 ft fences in side yards and it is up to the Town Board to make any changes to the ordinance. Mr. Bond further stated that he did not see any other 6 ft fences in side yards in the neighborhood and having one would change the character of the neighborhood. Cutting the fence down to 4 ft is not insurmountable. 
 
                    On the question, Mr. Hughes stated he is against the request as it stands but would be willing to support a one-year temporary variance to give the applicants an opportunity to cut the fence down to 4 ft.
 
                    Motion by Mrs. Rosenswie, seconded by Mr. Hughes, to amend the motion and close the public hearing and grant a temporary one-year
WEST SENECA TOWN OFFICES                            ZONING BOARD OF APPEALS
1250 Union Road                                                    Minutes #2010-09
West Seneca, NY   14224                                      September 22, 2010
                                                                     Page eight . . . 
 
2010-061       (Continued)
 
variance for property located at 24 Elwood Drive to install a 6 ft high fence in the side yard, with applicants to conform to the ordinance after one year has elapsed.
 
                    Ayes:   All                 Noes:   None                                 Motion Carried
 
2010-062      Request of Kevin R. Pontlitz for a variance for property located at 5032 Seneca Street to operate small business from residential property.
 
                    Kevin Pontlitz, 5032 Seneca Street, stated he needs a legal residence in order to maintain his Federal Firearms License. A mailing address is necessary in order for the UPS to drop items office. This is necessary for the ATF. There will be no sign on the house. He maintains his own firearm on the property but will not be operating a store. The ATF then interviews him and inspects the premises to make sure everything is safe. No sales will take place on the premises; the only instance when the public will come to his residence will be to pick up an item that must be sent to an FFL dealer.
 
                    Mr. Bond noted that attached to the petition is a letter of no objections signed by residents at 5024 Seneca Street and 5040 Seneca Street, the properties on each side of applicant’s property.
 
                    Motion by Mr. Monolopolus, seconded by Mrs. Rosenswie, to close the public hearing and grant a variance for property located at 5032 Seneca Street to operate small business from residential property, conditioned on no open signage or retail sales operation on the premises.
 
                    Ayes:   All                 Noes:   None                                 Motion Carried
 
2010-063      Request of Kenneth P. Inwood for a variance for property located at 270 Center Road for permission to have live music.
 
                    Kenneth Inwood, 15 Kelvin Drive, Tonawanda, referred to other bars in the area playing music without a permit. Meters are installed to monitor the sound and they have never had any problems with police calls.
 
                    Mr. Bond stated the Board has received several requests in the past and have granted a few.
 
                   
WEST SENECA TOWN OFFICES                            ZONING BOARD OF APPEALS
1250 Union Road                                                    Minutes #2010-09
West Seneca, NY   14224                                      September 22, 2010
                                                                     Page nine . . . 
 
2010-063       (Continued)
 
Mr. Pinnavaia stated this is the former 16 South which received a variance for live music; then Calico Jacks which also had a variance for live music. The business is located in the plaza.
 
                    Mrs. Rosenswie inquired whether the previous variance was temporary.
 
                    Mr. Inwood responded that it was.
 
                    Mr. Bond noted the distance between the business and the people across the street. There are condominiums in the rear of the establishment.
 
                    Mr. Inwood stated they would be installing sound-proofing. They also have hand held meters on site which test the noise 15-20 ft from the club to comply with Erie County’s decimal system. The music will not be played late.
 
                    No comments were heard from the public.
 
                    Town Attorney Martin noted that the Code Review Committee is looking at various sections of the code dealing with music and any proposed variance will be limited on an annual or some other basis. The applicant remains subject to the noise ordinance. Mr. Martin further noted that regardless of the County’s requirements for the decimal system, the applicant must comply with the town’s requirements.
 
                    Motion by Mr. Bond, seconded by Mr. Monolopolus, to close the public hearing and grant a one-year variance for property located at 270 Center Road for permission to have live music.
 
                    Ayes:   All                 Noes:   None                                 Motion Carried
                   
2010-064      Request of Jessica Van Iderstine for a variance for property located at 300 Borden Road to House more dogs than allowed by zoning code.
 
                    Mr. Bond noted that the applicant has withdrawn this request.
 
ADJOURNMENT:
 
                    Motion by Mrs. Rosenswie, seconded by Mr. Monolopolus, to close the public hearing and adjourn the meeting (8:30 p.m.).
 
WEST SENECA TOWN OFFICES                            ZONING BOARD OF APPEALS
1250 Union Road                                                    Minutes #2010-09
West Seneca, NY   14224                                      September 22, 2010
                                                                     Page ten . . . 
 
 
Respectfully submitted,
 
 
 
Patricia C. DePasquale, RMC/CMC
Secretary