West Seneca Zoning Board of Appeals Meeting Minutes 09/28/2005

OPENING OF PUBLIC HEARING:

Motion by Mrs. Price, seconded by Mr. Dunn, to open the Public Hearing.

APPROVAL OF PROOFS OF PUBLICATION:

Motion by Mr. Dunn, seconded by Mrs. Price, to approve the proofs of publication and posting of legal notice.

APPROVAL OF MINUTES #2005-08:

Motion by Mrs. Price, seconded by Mrs. Rosenswie, to approve Minutes #2005-08 of August 24, 2005.

TABLED ITEM:

2005-045

Mr. Bond stated this item had been placed on the table for the applicant to supply the requested documentation from the County of Erie concerning the easement on his property.

Charles L. Bolis, Sr., submitted documentation from Erie County.

Mr. Bond noted that the document submitted did indicate approval by the County but pending co-approval by the Town of West Seneca. He stated that the letter from the County is not a release of easement; however, he had spoke with Mr. Bommer from the Engineering Department who indicated there was no objection to the applicant’s proposal.

Mr. McCabe noted that a formal release must be received from the Town Board, on the recommendation of the Town Engineer. The applicant must contact Mr. Bommer to have the request placed on the agenda for the next Town Board meeting for the appropriate release by the Board.

Motion by Mr. Dunn, seconded by Mrs. Rosenswie, to close the public hearing and grant a variance for property located at 186 Westcliff Drive to erect carport 0 ft from property line, contingent upon the applicant receiving a release of easement from the Town Board.

On the question, Mr. McCabe noted that the applicant does not need to reappear before this board, but a building permit will not be issued unless the applicant has followed through with the Engineering Department and the Town Board.

NEW BUSINESS:

2005-058

Martin Barrett, 51 Maryon Drive, stated his home is a cape cod in style and he is in the process of changing it to a colonial. He would like a covered front porch on the right hand side of the entrance. A letter was submitted from his neighbor at 47 Maryon and he had received verbal approval from another neighbor. The porch will extend 4 ft off the current house. The existing steps will be torn out.

No comments were received from the public.

Motion by Mrs. Rosenswie, seconded by Mrs. Price, to close the public hearing and grant a variance for property located at 51 Maryon Drive to erect enclosed front porch 27 ft from front property line.

2005-059

Motion by Mr. Dunn, seconded by Mrs. Rosenswie, to table this item until the end of the meeting for the appearance by applicant.

2005-060

Robert DeGraff, 616 Center Road, submitted letters of no objection from the resident at 630 Center Road, and neighbors adjacent to, or across from the subject property. Mr. DeGraff stated he and his wife are handicapped. He was unaware of the need for a permit or variance and the deck has already been erected. The deck extends out approximately 1 ft farther than the previous porch.

No comments were received from the public.

Motion by Mr. Dunn, seconded by Mrs. Rosenswie, to close the public hearing and grant a variance for property located at 626 Center Road to erect front deck 17 ft from front property line.

2005-061

Michael Gribble, 685 North Star Road, appeared on behalf of the applicant. Mr. Gribble reviewed the plan with the Zoning Board members

on the request for a reduction in the required front setback. The house is a two-family and will be used as a rental.

No comments were received from the public.

Motion by Mrs. Rosenswie, seconded by Mr Bond, to close the public hearing and grant a variance for property located at 461 Bullis Road to reduce required front setback from 40 ft to 30 ft.

2005-062

Joseph A. Cartonia, Jr., 95 Patrice Terrace, Williamsville, stated the subject property is a 140 ft x 150 ft corner lot on Park Meadow and Orchard Park Road. There is currently no house on the property and he is the contract vendee. There is a deposit on the lot and the contract is subject to the granting of a variance. The property is currently owned by Morano.

Mr. Bond asked if the applicant would have any objection to a contingency being placed on the variance that the fence could not be erected until the house was completed.

Mr. Cartonia stated he had no objection to that contingency.

Mr. Bond noted that the applicant must stay off the utility easement and right of way. He also noted that with the entrance of the house back from Park Meadow, there is no sight line issue.

No comments were received from the public.

Motion by Mr. Bond, seconded by Mr. Dunn, to close the public hearing and grant a variance for property located at 2 Park Meadow Drive to erect fence in exterior side yard, conditioned on the fence not being erected until the house is framed.

OTHER BUSINESS:

2005-013

Mr. McCabe stated that the letter requests that the matter be placed back on the agenda before the Zoning Board of Appeals for a modification or amendment to the variance with stipulations granted. Unanimous approval of the Board is required in order to rehear this matter.

Mr. Bond stated he was not in favor of rehearing the matter. The Board granted the variance and enforcement of the conditions is the responsibility of the Code Enforcement Officer and the Town Attorney’s office.

Mr. Dunn noted that Mr. Rudnicki is of the opinion that a stipulation was granted versus what was actually granted. He did not recall a stipulation being granted that is referred to in the letter of Mr. Rudnicki.

Mr. McCabe stated he had reviewed the minutes and spoke to Mr. Czuprynski and Mr. Greenan on this matter. The decision of the Code Enforcement Officer was proper and would not be revoked. He stated he would be in contact with Mr. Rudnicki to advise that the Board was not interested in pursuing the matter.

2005-059

Motion by Mr. Dunn, seconded by Mrs. Rosenswie, to table this item until the October 26, 2006 meeting. The secretary was directed to advise applicant if he failed to appear, the request would be denied.

ADJOURNMENT:

Motion by Mrs. Rosenswie, seconded by Mrs. Price, to close the public hearing and adjourn the meeting (7:15 p.m.).

Respectfully submitted,

Patricia C. DePasquale, RMC/CMC
Secretary