Zoning Board Minutes

WEST SENECA TOWN OFFICES                            ZONING BOARD OF APPEALS
1250 Union Road                                                    Minutes #2011-01
West Seneca, NY   14224                                     January 26, 2011
 
The regular meeting of the Zoning Board of Appeals of the Town of West Seneca was called to order by Chairman David Monolopolus on Wednesday, January 26, 2011 at 7:00 P.M. followed by the Pledge of Allegiance.
 
ROLL CALL:             Present    -     David Monolopolus, Chairman
                                                  Michael P. Hughes
                                                  Sandra Giese Rosenswie
                                                  Evelyn Hicks
                                                  Shawn P. Martin, Town Attorney
                                                  John Gullo, Code Enforcement Officer
                              Absent    -      Michael P. Harmon
 
Chairman Monolopolus welcomed new Board Member Evelyn Hicks and also expressed his appreciation to William Bond for his years of service to this Board and the Town of West Seneca.
 
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. Hughes, seconded by Mrs. Rosenswie, 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 Mrs. Hicks, to approve Minutes           #2010-11, December 8, 2010.
 
          Ayes:   All                           Noes: None                       Motion Carried
 
OLD BUSINESS:
 
2010-072     Request of Eric Bauer for a variance for property located at 2750 Clinton Street to reduce required parking spaces from 44 to 14.

Motion by Mrs. Rosenswie, seconded by Mr. Hughes, to remove this item from the table.
 
WEST SENECA TOWN OFFICES                            ZONING BOARD OF APPEALS
1250 Union Road                                                    Minutes #2011-01
West Seneca, NY   14224                                     January 26, 2010
                                                                     Page two . . . 
 
2010-072      Continued
 
                    Ayes:   All                 Noes: None                       Motion carried
 
                    Eric Bauer, Ed Bauer Construction, and Christopher Blakowski appeared on the request. The structure being constructed is basically a small office, non-retail operation, with 6 employees and few people coming in and out. 45 parking spots are required and they are requesting a variance to allow 14 spaces. A letter of no objection was submitted from Roofers 74/203 Pension Fund located at 2800 Clinton Street. One resident, Mr. Jerge, declined to sign the letter for his own reasons.
 
                    Mr. Gulllo indicated this project has been before the Planning Board which directed the applicant to this Board. 
 
                    Mrs. Hicks stated she was informed by the Code Enforcement Officer that the handicapped parking spaces would be handled through the building permit process.
 
                    Mr. Martin also noted that configuration of the handicapped parking spaces is a site plan issue.
 
                    Mr. Monolopolus inquired about the driveway surface.
 
                    Mr. Bauer stated the parking lot and driveway will be asphalt. They will also be providing a stone overflow parking area.
 
                    Mr. Gullo noted that will have to be included with the variance since any kind of parking needs to be non-dust producing.
 
                    Mr. Hughes questioned if applicant received a letter from the Environmental Committee.
 
                    Mr. Bauer responded that he had received the letter and was working with the Committee on the planning and development phase of the project.
 
                    Mrs. Hicks stated she is the Chairman of the Committee and has not yet met with the applicant.
 
                    Mr. Bauer stated he had replied to all the comments and addressed any concerns as of the last Board meeting, although he has not yet sat down in person with the Committee. He also stated the stone overflow parking
WEST SENECA TOWN OFFICES                            ZONING BOARD OF APPEALS
1250 Union Road                                                    Minutes #2011-01
West Seneca, NY   14224                                     January 26, 2010
                                                                     Page three . . . 
 
2010-072      (Continued)
 
                    area to fulfill the parking requirements if the variance was not approved. If the variance is approved, the stone parking area will be removed. 
 
                    Mr. Monolopolus inquired about plans for snow removal in the winter time.
 
                    Mr. Bauer stated the snow would most likely be pushed on to the grass area or elsewhere. There will be a one-time pickup truck utilized to clear the lot of snow.
 
                    Mr. Martin noted that the pavement matter is a site plan issue that would have to be approved by the Planning Board in conjunction with the Code Enforcement Officer. What is before the Zoning Board is the reduction of the required number of parking spaces.
 
                    Mrs. Hicks asked for clarification that if the number of parking spaces were reduced this would not have anything to do with future overflow parking that is not shown on the current plans.
 
                    Mr. Martin stated the applicant will be required to take this variance, if granted, to the Planning Board. That will be incorporated into the site plan approval process which then goes to the Town Board for final approval and the Code Enforcement Officer for permits. If additional parking spots were needed in the future, the applicant would have to return to this Board if they could not comply with the code.
 
                    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 2750 Clinton Street to reduce required parking spaces from 44 to 14.
 
                    Ayes:   All                 Noes: None                                 Motion carried
 
2010-073     Request of Peter J. Durant for a variance for property located at 2875 Clinton Street to build on lot not having required bulk area.
                       
                        Peter Durant, 2875 Clinton Street, stated he would like to construct an approximate 2300 sf duplex on the property. He has a letter from the adjacent neighbor on the right. The other neighbors are all commercial and he owns the property to the other side.
WEST SENECA TOWN OFFICES                            ZONING BOARD OF APPEALS
1250 Union Road                                                    Minutes #2011-01
West Seneca, NY   14224                                     January 26, 2010
                                                                     Page four . . . 
 
2010-073      (Continued)
 
                    Mr. Gullo noted the issue here is the bulk area for both properties; applicant will need to provide 4 parking spaces for the new 2-family which will be outside the 40 yard setback and then provide 2 parking spaces for the single family next door.
 
                    Mr. Durant stated there are currently 12 for the existing home. There will be a driveway coming into the 2-car garage. The garages are in front with parking for 2 on each side.
 
                    Mrs. Hicks questioned past precedence for bulk area on properties.
 
                    Mr. Martin stated this Board must weigh certain factors, including whether the end result can be achieved by other means; whether this variance will result in an undesirable effect on the neighborhood; whether the request is substantial; and whether this is a self created hardship. 
 
                    Mr. Hughes noted that applicant is proposing to build next to a stadium and the Town should be looking to encourage development; not dissuade it.
 
                    Mrs. Hicks noted there is a feeder stream that goes into the wetland and questioned the makeup of the backyard.
 
                    Mr. Gullo responded that the survey shows it to be on the right hand side of the lot, as viewed from the street. There must be a minimum of a 40 yard front setback and a 30 yard setback and applicant has submitted the plans to the Building Department.
 
                    Applicant reviewed the survey and plan with Board members.
 
                    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 2875 Clinton Street to build on lot not having required bulk area.
 
                    Ayes:   All                 Noes: None                                 Motion carried
 
 
 
 
WEST SENECA TOWN OFFICES                            ZONING BOARD OF APPEALS
1250 Union Road                                                    Minutes #2011-01
West Seneca, NY   14224                                     January 26, 2010
                                                                     Page five . . . 
                       
VI.        NEW BUSINESS:
 
2010-074     Request of Mike Pasquale, Sr. for a variance for property located at 924 Indian Church Road to erect addition in front yard setback.
 
                    Michael Pasquale, Sr., 924 Indian Church Road, stated he is requesting to replace an existing attached 4 x 8 storage area with a 6.6 x 12.6 storage area. 
 
                    Mrs. Hicks asked if access would be from the inside of the building.
 
                    Mr. Pasquale responded that was correct. There will be no door or window. A letter of no objection was submitted from the resident at 931 Indian Church Road.
 
                    No comments were heard from the public.
 
                    Motion by Mrs. Rosenswie, seconded by Mr. Hughes, to close the public hearing and grant a variance for property located at 924 Indian Church Road to erect addition in front yard setback.
 
                    Ayes:   All                 Noes: None                                 Motion carried
 
2010-075     Request of William McCowan for a variance for property located at 180 Emporium Ave to erect structure in front yard setback.
 
                              Michael McCowan, appeared on behalf of William McCowan, stated the residence at 180 Emporium was destroyed in the December storm. The request is to attach a 6 ft covered porch to a new home construction in the same location as the previous house. Letters of no objection were received from 174 Emporium and 188 Emporium.
 
                    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 180 Emporium Ave to erect structure in front yard setback.
 
                    Ayes:   All                 Noes: None                                 Motion carried
 
 
 
 
WEST SENECA TOWN OFFICES                            ZONING BOARD OF APPEALS
1250 Union Road                                                    Minutes #2011-01
West Seneca, NY   14224                                     January 26, 2010
                                                                     Page six . . . 
 
 
ADJOURNMENT:
 
                    Motion by Mr. Hughes, seconded by Mrs. Rosenswie, to close the public hearing and adjourn the meeting (7:35 p.m.).
 
                    Ayes:   All                 Noes: None                                 Motion carried
 
Respectfully submitted,
 
 
 
Patricia C. DePasquale, RMC/CMC
Secretary