| |
|
[ Return to HOME PAGE ] |
West Seneca Zoning Board of Appeals Meeting Minutes 04/23/2008
The regular meeting of the Zoning Board of Appeals of the Town of West Seneca was called to order by Chairman William H. Bond on April 23, 2008 at 7:00 PM, followed by the Pledge of Allegiance. ROLL CALL: Present -
Penny K. Price Sandra Giese Rosenswie Michael Harmon Paul Notaro, Deputy Town Attorney Absent: - Michael Hughes OPENING OF PUBLIC HEARING Motion by Mrs. Price, seconded by Mrs. Rosenswie, to open the Public Hearing.
APPROVAL OF PROOFS OF PUBLICATION Motion by Mr. Harmon, seconded by Mrs. Price, to approve the proofs of publication and posting of legal notice.
APPROVAL OF MINUTES Motion by Mr. Harmon, seconded by Mrs. Price, to approve Minutes #2008-03, March 26, 2008.
NEW BUSINESS: 2008-015 Denis Wakelam, 755 Orchard Park Road, stated he is requesting a variance for a pole barn with a roof 5 ft 4 inches above what is allowed under the code. The extra height is required for storage of a motor home and boat. There is a 10 ft beam on the boat which requires a minimum height of 12 ft. Other vehicles will also be stored in the pole barn. Mrs. Wakelam stated they would like to bring the boat home as it is being stored elsewhere right now. Mrs. Price asked if the applicants intended on working on any vehicles in the proposed building. Mrs. Wakelam stated they intended to use the pole barn exclusively for storage. There will be no business of any kind run from the barn. Letters of no objection to applicant erecting a pole barn 5 ft 4 in above allowed height were submitted from residents of 735 Orchard Park Road, 775 Orchard Park Road, and 765 Orchard Park Road. Amy Carpenter asked the overall size of the barn. Mr. Bond stated the pole barn will be 40 ft x 100 ft and 17.4 ft high to the middle of the roof, and sits back 60-70 ft from the house. Ms. Carpenter stated she has noted a number of vehicles on that property and felt the pole barn is a significantly large building for a residential area. Mrs. Wakelam noted this is commercial property, not residential. Motion by Mr. Harmon, seconded by Mrs. Rosenswie, to close the public hearing and grant a variance for property located at 755
2008-015 (Continued) Orchard Park Road to erect pole barn 5 ft 4 inches above allowed height.
2008-016 Ralph Madison, 341 Tampa Drive, stated his house is on a corner lot, on the corner of Tampa and Maryon. The proposed fence is a 3 ½ ft, decreasing to 3 ft, white vinyl picket concave fence along Maryon Drive. The fence will start at the stoop at the side of the house and run along the sidewalk going toward the back to the garage. Mr. Bond noted there are numerous similar fences along Maryon. Letters of no objection were submitted from neighbors at 328 Woodcrest and 335 Tampa Drive. Mrs. Price asked if there would be a problem with bringing the fence in another foot. Mr. Madison stated they would like to keep it as close to a foot as possible. No comments were received from the public. Motion by Mr. Harmon, seconded by Mrs. Rosenswie, to close the public hearing and grant a variance for property located at 341 Tampa Drive to erect 42 inch high fence in exterior side yard.
2008-017 Vincent and Carole Coppola appeared on the request for a variance. Mr. Bond asked for a clarification on the notice being signed as parents of the owner. It would be difficult for this Board to act on a variance request without being assured the actual owner was requesting the variance. Mrs. Price asked if the property was on the market for sale. Mr. Coppola stated the property is in his son’s name. His son Jacob put the property on the market but subsequently his daughter who now lives in the State of Washington has decided to relocate here and rent the house from Jacob. His daughter has two dogs which is the reason for requesting the 6 ft high fence. The house will be coming off the market. Mr. Coppola submitted a letter from his son, indicating his unavailability for this meeting. Letters of no objection were also submitted from the adjoining neighbors at 2990 Clinton Street and 2890 Clinton Street. Mr. Bond noted that the whole fence could be moved back fifteen feet. Mr. Coppola outlined the reason for the position of the fence where it is being requested, in light of the creek at the rear of the property. No comments were received from the public. Motion by Mr. Harmon, seconded by Mrs. Price, to close the public hearing and grant a variance for property located at 2982 Clinton Street to erect 6 ft fence in required side yard.
2008-017 (Continued)
Mr. Bond also noted that the applicant would be allowed to return at next month’s meeting, in light of the two-two vote, with one member missing for this vote. 2008-018 Mr. Bond noted the absence of the applicant. Motion by Mrs. Price, seconded by Mr. Harmon, to table this item until the end of the meeting.
2008-019 Thomas Morris, 7 Lyndale Court, stated his land slopes down and he is requesting a variance to erect a 6 ft white vinyl fence to prevent the trash which blows down Center Road from ending up in his property. Photographs of the land and proposed fence were submitted for review by the Zoning Board members. Letters of no objection were submitted from residents at 10 Lyndale Court and 6 Lyndale. No comments were received from the public.
2008-019 (Continued) Motion by Mrs. Rosenswie, seconded by Mr. Harmon, to close the public hearing and grant a variance for property located at 7 Lyndale Court to erect 6 ft fence in side yard and exterior side yard.
2008-020 James Wittman, Architect, and Daniel Vivian, owner of 3729 Seneca Street appeared on the request for a variance. Mr. Wittman stated the applicant has been before this Board previously and a variance for the setback on the property was granted. The property will be used for a day care center. They are required to have two exits from the building. The rear entrance has a wood deck which is six inches below the floor line and to place the handicapped ramp in the rear would require a major reconstruction of the rear deck. The applicant proposes to place the handicapped ramp in front of the building. Mrs. Price asked how long the day care has been in operation. Mr. Vivian stated it is not a day care center right now, but they have owned the building for two months. When applying for a building permit, it was learned that this is an item that needed to be addressed. Letters of no objection from residents at 3739 Seneca Street and 3723 Seneca Street were submitted. No comments were received from the public. Motion by Mr. Bond, seconded by Mrs. Rosenswie, to close the public hearing and grant a variance for property located at 3729 Seneca Street to allow handicapped ramp in required front yard.
2008-021 Mr. Bond noted that this is a corner lot and under the code, a fence is not allowed in the front yard which is actually the side of applicant’s house. Beatrice Ando, 1916 Union Road, stated there had been hedges close to the sidewalk along the property line in the corner. The hedges became wild and difficult to maintain and she had them removed last year. She also needed a new sidewalk and patio. The proposed fence is white vinyl with lattice on top, allowing her to see out but preventing anyone from seeing in to the yard. The deck is 18 ft x 10 ft, with the 10 ft section facing Union Road and the 18 ft section facing Doster. A letter of no objection was received from Lorraine Goszewski, owner of properties at 1926 Union Road and 18 Doster Place. No comments were received from the public. Motion by Mrs. Rosenswie, seconded by Mr. Harmon, to close the pubic hearing and grant a variance for property located at 1916 Union Road to erect 5.5 ft fence in exterior side yard.
2008-018 Motion by Mrs. Price, seconded by Mr. Harmon, to remove this item from the table.
2008-018 (Continued) Motion by Mr. Bond, seconded by Mr. Harmon, to table this item until next month and directed the secretary to advise the applicant that in the event of failure to appear, the request may be denied. ADJOURNMENT: Motion by Mr. Bond, seconded by Mrs. Rosenswie to close the public hearing and adjourn the meeting (8:45 pm).
Respectfully submitted, Patricia C. DePasquale, RMC/CMC For additional information, suggestions, or problems, please contact our Webmaster.
|