Zoning Board Minutes

WEST SENECA TOWN OFFICES                          ZONING BOARD OF APPEALS
1250 Union Road                                                   Minutes #2011-08
West Seneca, NY   14224                                     August 24, 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, August 24, 2011 at 7:00 P.M. followed by the Pledge of Allegiance.
 
ROLL CALL:            Present    -     David Monolopolus, Chairman
                                                   Michael P. Hughes
                                                   Michael P. Harmon
                                                   Sandra Giese Rosenswie
                                                   Evelyn Hicks
                                                   Shawn P. Martin, Town Attorney
                                                   John Gullo, 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 Mrs. Hicks, 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. Hicks, seconded by Mr. Hiarmon, to approve Minutes          #2011-07, July 27, 2011.
 
          Ayes:   All                            Noes: None                        Motion Carried
 
NEW BUSINESS:
 
2011-041     Request of William A. Denz for a variance for property located at 5700 Seneca Street to allow live music.
 
                     William Denz, Ryan’s Greyside Grill & Flappy’s Pub, stated the request is for dinner type music indoors and on the patio once or twice a month at the most. The music will be acoustic type, guitar or violin. 
 
                     Mr. Hughes asked for clarification that the music will not be piped in; rather in the form of violin or guitar.
WEST SENECA TOWN OFFICES                          ZONING BOARD OF APPEALS
1250 Union Road                                                   Minutes #2011-08
West Seneca, NY   14224                                     August 24, 2011
                                                                       Page two . . . 
 
2011-041      (Continued)
 
                     Mr. Denz stated that was correct.
 
                     Mr. Monolopolus stated live music outdoors is not allowed by town code.
 
                     Town Attorney Shawn Martin agreed, noting live music outside is not allowed.
 
                     Mr. Denz stated he was willing to confine the music indoors. Photos of the establishment and outside patio were submitted, together with letters of no objection signed by residents at 5646 Seneca Street, 5641 Seneca Street and Seneca Greenhouse.
 
                     Mr. Monolopolus referred to the application which indicated until midnight on weekends.
 
                     Mr. Denz stated typically a band plays for 3 hours; from 7:00 to 10:00 pm on weekdays and 8:00 until 11:00 on Friday nights. He does not anticipate having music until midnight.
 
                     Mr. Hughes commented on the occasional requests to the Zoning Board for live music outdoors, noting the Board’s desire to support business but in terms of life music outdoors, this Board is only willing to consider indoor music and on a conditional basis. Applicant would need to reappear in a year to assure there is no adverse effect on the neighborhood during that time.
 
                     Mr. Denz stated he was willing to confine the music to indoors as his intent is to be a good neighbor.
 
                     Mike Kelchlin, 5622 Seneca Street, disagreed with the applicant’s statement about being a good neighbor. Mr. Kelchlin objected to the request for a rezoning of Flappy’s to have outdoor music on the patio.
 
                     Mr. Monolopolus stated this is not a rezoning request and the applicant has agreed not to have live music outdoors.
 
                     Mr. Kelchlin stated it was his right as a homeowner to enjoy his property and objected to the request for outdoor music.
 
                     Mrs. Rosenswie stated the Board is not considering the applicant’s request for outdoor music.
WEST SENECA TOWN OFFICES                          ZONING BOARD OF APPEALS
1250 Union Road                                                   Minutes #2011-08
West Seneca, NY   14224                                    August 24, 2011
                                                                       Page three . . . 
 
2011-041      (Continued)
 
                     Mr. Kelchlin disagreed with the applicant’s statement about being a good neighbor. Initially, the applicant requested a liquor license, then asked for a large second floor, followed by a request for additional parking. Trees were taken down and applicant purchased the adjoining house. There was then a problem with the fence which did nothing to protect the adjoining neighbors. The trees which were replanted died and were not replaced until the Building Inspector was contacted. With the fence being so low, there is no protection from parking lot lights or sounds coming from the establishment. Councilman Clarke set up a meeting with the applicant and neighbors but the applicant never showed. Mr. Kelchlin stated he was firmly against any music on the outside.
 
                     Mrs. Rosenswie reiterated that the Zoning Board will not be entertaining any request for outdoor music; only music on the inside.
 
                     Mr. Hughes commented that the minutes of this meeting will reflect Mr. Kelchlin opposition to outdoor music, despite that request of applicant is not being considered.
 
                     Bill Falkner stated he lives on Seneca Street directly across from Flappy’s. He noted the opposition of neighbors to previous requests of the applicant and understood that Mr. Denz is now looking for music on the patio. The neighbors had problems with the applicant when Flappy’s opened up. The property behind Flappy’s was purchased and a parking lot put in. The concern of the neighbors in the immediate area is outdoor music on the patio because sound from Flappy’s can be heard for a distance. The applicant is now advertising that he can accommodate 110 people in the banquet room and at one time he couldn’t serve food upstairs. Mr. Falkner stated he is against outdoor music. With music in the banquet room with 110 people, it may help business for the applicant, but he is against any type of music outdoors.
 
                     Mrs. Rosenswie commented that the town is against outdoor music anywhere in town.
 
                     Mr. Gullo noted the Code states everything must be conducted inside the building and no music outside the building.   The noise ordinance comes into effect when the music travels outside the building after a certain
                     decimal level. If a noise problems exists, the resident should contact the Police Department.
                    
WEST SENECA TOWN OFFICES                          ZONING BOARD OF APPEALS
1250 Union Road                                                   Minutes #2011-08
West Seneca, NY   14224                                     August 24, 2011
                                                                       Page four . . . 
 
2011-041      (Continued)
 
                     Motion by Mr. Harmon, seconded by Mr. Hughes, to close the public hearing and grant a variance for property located at 5700 Seneca Street to allow live music indoors until 11:00 pm on week nights and until 12:00 midnight on weekends, on a conditional 12 month period of time and noting that applicant must adhere to the noise ordinance, regardless of hours. At the end of the 12 month period of time, the applicant is to reappear before the Zoning Board of Appeals for any additional time.
 
                     Mr. Martin reiterated that there is no variance to the noise ordinance with regard to the hours. After 11:00 pm, the applicant continues to be bound by the regulations contained in the noise ordinance.
 
                     Ayes:   All                            Noes: None                       Motion carried
 
2011-042     Request of Jeffrey Boyd for a variance for property located at 3786 Clinton Street to erect pole barn 17 ft to middle of roof.
 
                     Jeffrey Boyd, 3780 Clinton Street, stated his request is to erect a pole barn for storage of a motor home. Letters of no objection were submitted from residents at 3774 Clinton Street, 3779 Clinton Street, 3808 Clinton Street, 3796 Clinton Street, and 3781 Clinton Street.
 
                     Mr. Hughes requested clarification that the pole barn is to be used for storage of motor home only, and not for the operation of any type of business.
 
                     Mr. Boyd stated that was correct.
 
                     Mr. Monolopolus questioned the distance between the proposed pole barn and the garage apartment on the side.
 
                     Mr. Boyd stated there is a distance of 30 ft with the pole barn situated 3 ft along the property line.
 
                     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 3786 Clinton Street to erect pole barn 17 ft to middle of roof.
 
                     Ayes:   All                            Noes: None                       Motion carried
WEST SENECA TOWN OFFICES                          ZONING BOARD OF APPEALS
1250 Union Road                                                   Minutes #2011-08
West Seneca, NY   14224                                     August 24, 2011
                                                                       Page five . . . 
 
 
2011-043     Request of Thomas D. Nunan for a variance for property located at 214 Tudor Blvd to erect detached garage in required front yard.
 
                        Tom Nunan, 214 Tudor Blvd, stated his property is a corner lot at Tudor and Dorrance.   There is an existing concrete pad where his car is currently parked. There has never been a garage on the site. Letters of no objection were submitted from residents at 201 Covington and 220 Tudor Boulevard.
 
                     Mr. Hughes questioned the Code Enforcement Officer on any safety concerns in terms of being a corner lot.
 
                     Mr. Gullo stated the applicant is far enough back and he had no safety concerns. Applicant is not allowed to park in the front yard setback.
 
                     Mr. Nunan stated he will be parking his car in the garage.
 
                     No comments were heard from the public.
 
                     Motion by Mr. Monolopolus, seconded by Mrs. Rosenswie, to close the public hearing and grant a variance for property located at 214 Tudor Blvd to erect detached garage in required front yard.
 
                     Ayes:   All                            Noes: None                       Motion carried
 
ADJOURNMENT:
 
                     Motin by Mrs. Rosenswie, seconded by Mr. Monolopolus, to close the public hearing and adjourn the meeting (7:30 p.m.)
 
Respectfully submitted,
 
 
 
Patricia C. DePasquale, RMC/CMC
Secretary