Zoning Board Minutes
WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
1250 Union Road Minutes #2013-07
West Seneca, NY 14224 July 24, 2013
The regular meeting of the Zoning Board of Appeals of the Town of West Seneca was called to order by Chairman David Monolopolus at 7:00 P.M. followed by the Pledge of Allegiance led by Town Attorney Shawn Martin and 30 seconds of silent prayer.
ROLL CALL: Present - David Monolopolus, Chairman
Michael P. Harmon
Evelyn Hicks
Michael P. Hughes
Sandra Giese Rosenswie
Jeffrey Schieber, Code Enforcement Officer
Shawn P. Martin, Town Attorney
Absent - None
Chairman Monolopolus read the Fire Prevention Code instructing the public where to exit in case of a fire or an emergency.
OPENING OF PUBLIC HEARING
Motion by Rosenswie, seconded by Hughes, to open the public hearing.
Ayes: All Noes: None Motion Carried
APPROVAL OF PROOFS OF PUBLICATION
Motion by Harmon, seconded by Hicks, that proofs of publication and posting of legal notice be received and filed.
Ayes: All Noes: None Motion Carried
APPROVAL OF MINUTES
Motion by Hughes, seconded by Rosenswie, to approve Minutes #2013-06 of June 26, 2013.
Ayes: All Noes: None Motion Carried
OLD BUSINESS
2013-035
Request of Luke Fletcher of Sign-A-Rama for a variance for property located at 701 Orchard Park Road to erect a 64 sf pedestal sign (40 sf maximum allowed) and two (2) 175 sf face signs (92 sf maximum allowed)
WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
1250 Union Road Minutes #2013-07
West Seneca, NY 14224 July 24, 2013
Page two . . .
2013-035 (continued)
Motion by Hicks, seconded by Harmon, to table this item until the August 28, 2013 Zoning Board meeting.
Ayes: All Noes: None Motion Carried
NEW BUSINESS
2013-045
Request of Scott & Amy Woodley for a variance for property located at 57 Treehaven Road to allow 6' fence extending 8' into front yard setback (maximum 4' fence and no extension into front yard allowed)
Attorney Simon Manka represented the petitioners and stated their request to construct a 6’ fence in their front yard setback. The house is located on a corner lot and he presented pictures of the front yard indicating the location of the proposed fence and stated there will be no obstruction to traffic. The Woodley’s have a pool and a dog and they were requesting the fence for privacy.
Mr. Harmon commented there was no sidewalk and did not see a problem extending the fence to the lot line.
Chairman Monolopolus noted receipt of letters of support from property owners at 59 Treehaven Road and 386 Woodward Crescent.
No comments were received from the public.
Motion by Harmon, seconded by Rosenswie, to close the public hearing and grant a variance for property located at 57 Treehaven Road to allow a 6' fence extending to the front lot line.
Ayes: All Noes: None Motion Carried
2013-046
Request of Richard A Johnson of X-Press Signs Inc. for a variance for property located at 4744 Clinton Street to allow an electronic sign 75' from residential property (minimum 500' from residential property required)
Richard Johnson stated his request to allow an electronic sign on an existing pole at 4744 Clinton Street. The sign is capable of scrolling, but they will abide by the current code for electronic signs including the 30 second rule.
WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
1250 Union Road Minutes #2013-07
West Seneca, NY 14224 July 24, 2013
Page three . . .
2013-046 (continued)
Chairman Monolopolus noted receipt of letters of support from property owners at 4680 Clinton Street and 4721 Clinton Street.
No comments were received from the public.
Motion by Harmon, seconded by Hughes, to close the public hearing and grant a variance for property located at 4744 Clinton Street to allow an electronic sign 75’ from residential property.
Ayes: All Noes: None Motion Carried
2013-047
Request of Suzette Evans for a variance for property located at 225 Northwood Avenue to allow swimming pool in side yard (accessory structures permitted in rear yard) with deck connecting pool to house (10' separation required)
Suzette Evans stated her house is on a corner lot and she would like to have a pool in the side yard with a second deck that will connect to the existing deck. The existing deck will have a self-closing gate to the second deck and there will be a pool alarm and railings on the deck.
Chairman Monolopolus noted receipt of letters of support from property owners at 209 Northwood Avenue and 1 Terrace Blvd.
No comments were received from the public.
Motion by Hughes, seconded by Rosenswie, to close the public hearing and grant a variance for property located at 225 Northwood Avenue to allow a swimming pool in the side yard with a deck connecting the pool to the house.
Ayes: All Noes: None Motion Carried
2013-048
Request of Jason Havens of Rusty Nickel Brewing Co. for a variance for property located at 4348 Seneca Street to operate a nano/micro brewery
Jason Havens stated his request to use the 2000 sf building behind the Ebenezer Ale House for a nano/micro brewery. The beer will be sold at the Ebenezer Ale House and transported out for sale elsewhere. There will also be a small tasting room for people to taste beer and purchase growlers to be consumed off site.
WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
1250 Union Road Minutes #2013-07
West Seneca, NY 14224 July 24, 2013
Page four . . .
2013-048 (continued)
Mr. Hughes questioned why this application was before the Zoning Board of Appeals and what variance was being requested.
Code Enforcement Officer Jeffrey Schieber stated they were seeking an interpretation as to whether the operation of a brewery fits in the C-2 zoning because the code specifies cider mill but not production of beer.
Town Attorney Shawn Martin questioned if the building in the rear is covered by the liquor license for the Ebenezer Ale House and Shawn Schweis owner/operator of the Ebenezer Ale House stated that a separate liquor license is required for the brewery.
Mr. Havens stated the business will be production with retail sales to the general public and they could also contract with a beer company. He was not able to contact the neighbors on either side for letters of support, but he did not believe they would be impacted. The business will not be a commercial retailer with constant traffic and the actual traffic generated will be smaller than the previous tenant. Nothing will be stored outside, they will not be operating past 10 P.M. and only a small amount of steam is produced with no offensive smell.
No comments were received from the public.
Motion by Rosenswie, seconded by Hughes, to close the public hearing with the determination that operation of a nano/micro brewery at 4348 Seneca Street is an appropriate use in the C-2 zoning.
Ayes: All Noes: None Motion Carried
2013-049
Request of Roger Suter for a variance for property located at 15 Sunset Creek Drive to allow a shed in side yard 3' from house (10' separation required)
Roger Suter stated his proposal to construct an 8’ x 12’ or 8’ x 14’ shed in the side yard 3’ from his house. The lot is an irregular shape and this is the most convenient place for it. He planned to have a cement pad under the shed and keep it narrow so there is room to work around it.
Mrs. Hicks questioned if a footer was required and Code Enforcement Officer Jeffrey Schieber advised there is no requirement for a footer under a shed.
Chairman Monolopolus noted receipt of a letter of support from the property owner at 11 Sunset Creek Drive who is most affected by the shed.
WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
1250 Union Road Minutes #2013-07
West Seneca, NY 14224 July 24, 2013
Page five . . .
2013-049 (continued)
No comments were received from the public.
Motion by Rosenswie, seconded by Hughes, to close the public hearing and grant a variance for property located at 15 Sunset Creek Drive to allow a shed in the side yard 3’ from the house.
Ayes: All Noes: None Motion Carried
2013-050
Request of Nicholas M Calandra of Hearts for the Homeless for a variance for property located at 11 North America Drive to allow a temporary structure on site
Nicholas Calandra stated his proposal to place a clothing donation bin between the two vacuum pumps at the car wash at 11 North America Drive. They currently have 230 clothing donations bins throughout WNY, two of which are located in West Seneca. Mr. Calandra did not believe there had been any issues with any of the bins and noted they have a 24 hour response policy in case of a problem.
Mr. Hughes questioned Mr. Calandra’s definition of “temporary” and Mr. Calandra stated the bins are placed based on demand and if they begin to see a diminishing return they will be removed.
Chairman Monolopolus noted receipt of a letter of support from the property owner at 11 North America Drive.
No comments were received from the public.
Motion by Hughes, seconded by Monolopolus, to close the public hearing and grant a variance for property located at 11 North America Drive to allow a temporary structure on site.
Ayes: All Noes: None Motion Carried
2013-051
Request of Diana L Taylor for a variance for property located at 124 Fawn Trail to erect a frame porch with roof projecting 10' off front of house (maximum 7.5' projection allowed)
Diana Taylor stated her proposal to remove a concrete slab in front of her house and add a frame porch with a roof. The proposed 10’ x 16’ porch will be larger than the current concrete slab and will be positioned 16’ to 18’ off the sidewalk.
WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
1250 Union Road Minutes #2013-07
West Seneca, NY 14224 July 24, 2013
Page six . . .
2013-051 (continued)
Chairman Monolopolus noted receipt of letters of support from property owners at 118 & 130 Fawn Trail.
No comments were received from the public.
Motion by Hicks, seconded by Harmon, to close the public hearing and grant a variance for property located at 124 Fawn Trail to erect a frame porch with roof projecting 10’ off the front of the house.
Ayes: All Noes: None Motion Carried
2013-052
Request of Richard O'Neil for a variance for property located at 760 Seneca Creek Road to construct a 6' fence in side yard (maximum 4' fence allowed)
Richard O’Neil stated he recently built his house at 760 Seneca Creek Road and has two small children and two small dogs. He is requesting to construct a 6’ vinyl privacy fence in his side yard 8’ forward from the rear corners of the house and 138’ from the roadway. There will be a 12’ or 16’ gate on one side and a man gate on the other side and the rear of the property will not be fenced.
Chairman Monolopolus noted receipt of letters of support from property owners at 742 & 782 Seneca Creek Road.
No comments were received from the public.
Motion by Monolopolus, seconded by Harmon, to close the public hearing and grant a variance for property located at 760 Seneca Creek Road to construct a 6’ fence in the side yard.
Ayes: All Noes: None Motion Carried
ADJOURNMENT
Motion by Rosenswie, seconded by Hicks, to adjourn the meeting at 7:40 P.M.
Ayes: All Noes: None Motion Carried
Respectfully submitted,
Jacqueline A Felser, Town Clerk/Zoning Board Secretary