| |
|
[ Return to HOME PAGE ] |
West Seneca Zoning Board of Appeals Meeting Minutes 12/10/2008
The regular meeting of the Zoning Board of Appeals of the Town of West Seneca was called to order by Chairman William Bond on December 10, 2008 at 7:00 PM, followed by the Pledge of Allegiance. ROLL CALL: Present -
Penny K. Price Sandra Giese Rosenswie Michael Hughes Michael Harmon Paul Notaro, Deputy Town Attorney William Czuprynski, Code Enforcement Officer Excused - None OPENING OF PUBLIC HEARING Motion by Mr. Hughes, seconded by Mrs. Price, 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 Mrs. Price, seconded by Mrs. Rosenswie, to approve Minutes #2008-10, October 22, 2008.
TABLED ITEMS: 2008-032 Motion by Mrs. Rosenswie, seconded by Mrs. Price, to remove this item from the table.
2008-032 (Continued) John Lydon, Architect, Left Coast Design Studio, 5470 Broadway, Lancaster, stated progress has been slower than anticipated on this project and the applicant is requesting a six-month extension of the previously granted variance. No changes have been made to the plans. No comments were heard from the public. Motion by Mr. Hughes, seconded by Mrs. Rosenswie, to grant a six-month extension of the previously granted variance to allow reduction in required parking spaces from 50 to 36 spaces and reduction in required stacking from 8 stacking per booth to 6.
NEW BUSINESS: 2008-078 Bill Coppola, 237 Curley Drive, Orchard Park, and Kelli Coppola, 59 Center Street, East Aurora, appeared on the request for a variance. Mr. Coppola stated that 3615 and 3625 Seneca Street has always been a combined property with three different parking lots used by both buildings. They would like to separate the properties for the purpose of removing the property from an existing trust which is to be closed. Letters of no objection from Sylvia & Ben Montesanos, 3635 Seneca Street, and Gene Anticola, 3610 Seneca Street, were submitted. Mrs. Price questioned if one building will be for the insurance and the other for a medical facility. Mr. Coppola stated that was correct and the medical office required most of the parking. 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 3615 & 3625 Seneca St to reduce required parking spaces due to property split.
2008-079 James Larcara, Acting Project Manager, Man a Trees, 1500 Union Road, Joe Perillo, Superintendent, and John Stock, Superintendent, appeared on the request. Mr. Bond noted this is located on a vacant lot and will not interfere with the surrounding area. He questioned if this project was expected to be completed in October of 2009 and if a year would be more appropriate than six months. Mr. Larcara stated that would be appropriate. The work involves sewer line work and road reconstruction. Mr. Hughes questioned if there were any other contractors on site now. Mr. Larcara responded there were not. They would be the only ones working on the site. 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 2400 Seneca Street to allow office trailer and storage with fence surrounding for a one-year period of time.
2008-080 Tammy Jarrell, 50 Kirkwood Drive, Bill Haber, 50 Kirkwood, and Glen Jarrell, 50 Kirkwood Drive, appeared on the request. Mrs. Jarrell stated the house is a double. Other houses on the block have an extra parking pad. Both she and her sister-in-law, Colleen Jarrell, have heart conditions. Parking on the street is not allowed in the winter and even during the summer months it is difficult to find a parking space on the street. She was not aware that a pad was prohibited until a neighbor complained and she was contacted by the Building Inspector. She presented letters of no opposition from the neighbors on both sides.
2008-08 (Continued) Mr. Hughes questioned who the cars on the property belonged to and if one of them was a commercial vehicle. Mrs. Jarrell stated there were four cars on the property; two belong to her family and two from the tenants. There is not a commercial vehicle parked there; it is a van used for employment. She also submitted a letter from her physician verifying her medical condition and photos of other properties with a pad. Mr. Bond stated the law prohibiting the pad went into effect in 1965, but along the City Line there were a number of existing properties without any driveways and the residents could not park in the street. In the past, permission for a pad was given in those situations. In this case, there is a driveway, a garage and a parking pad in the back which would accommodate three or four vehicles. Mrs. Jarrell noted there were other properties with parking pads. Her next door neighbor contacted the Building Inspector regarding her parking pad and she was notified of the violation. Mr. Bond stated those other properties may or may not be legal and it is up to the Code Enforcement Officer to determine that issue. Mr. Hughes questioned whether the ramp was necessary for the applicant to get into the home. Mr. Jarrell stated the ramp was used by his wife who was recently released from the hospital. Mr. Hughes clarified the reasoning for a variance. If this is granted, it will open the door to a number of other residents who will expect the same relief. Mr. Bond noted that the Code Enforcement Officer usually checks on parking pads in violation during the summer months. Mrs. Jarrell stated the pad in the back was used by her handicapped brother prior to his death. Mr. Sherman questioned how long the ramp has been in existence.
2008-080 (Continued) Mrs. Jarrell stated the ramp has been in existence for ten years and is now being used by her sister-in-law. Mr. Sherman questioned the medical need for the pad in front. Mrs. Jarrell stated the pad was necessary for easier access to the house for herself and her sister-in-law who is in a wheelchair. Ryan Graves, 53 Ebenezer, spoke in support of the application for a variance. He is an EMT and is aware of the difficulty for persons with medical conditions as described and believes it would not be harmful to the neighborhood. Walking up stairs and exiting a vehicle is difficult for a person dealing with cancer or a medical condition as described by the applicant. He noted the other properties with a pad, whether legal or not, and also commented that Seneca Hose might have difficulty in responding to an emergency situation without the extra pad to eliminate stacking of vehicles in the driveway. He deals with other patients that have similar hardships and felt they should be able to enjoy their lives. Kathy Shott, 1193 Union Road, stated she is also handicapped and supports any effort to make another handicapped person’s life easier. She noted every day is a struggle for a handicapped individual and saw no adverse affect caused by the pad. Motion by Mrs. Price, seconded by Mrs. Rosenswie, to close the public hearing and grant a variance for property located at 50 Kirkwood Drive to maintain the concrete parking pad in front of house, limited to the period of time in which the Jarrell family occupies the home. On the question, Mr. Bond noted that if the concrete pad is made temporary, it will have to be removed once the applicant is no longer living there. Mr. Notaro stated a variance limited to a certain period of time this has been done previously based on a medical hardship. Mr. Bond stated he will vote in favor of this variance based on the extreme nature of the applicant’s medical condition, but is generally not in favor of granting this type of variance.
2008-080 (Continued)
2008-081 Denise Gates, 4451 Clinton Street, appeared on the request. Mr. Bond noted the applicant had installed a pool with a deck and would now like an addition which will come up to the deck. The reason for the 10 ft required by the ordinance is for emergency access by a fire company. He questioned if there was any way of going right from the addition directly into the pool. Ms. Gates stated there is not. Mr. Bond noted a person would then need to go outside and up some steps. Ms. Gates stated that was correct. Mr. Hughes questioned if there was a pool alarm. Ms. Gates stated she did not have a pool alarm but will be installing one. Mr. Notaro noted a closing gate with a clasp is also required by State law. Ms. Gates stated she will comply with both those regulations. Letters of no objection were submitted from 4457 Clinton Street and 4449 Clinton Street. No comments were received from the public. Motion by Mr. Bond, seconded by Mrs. Price, to close the public hearing and grant a variance for property located at 4451 Clinton Street to erect addition to rear of house 0 ft from deck.
2008-082
2008-082 (Continued) Motion by Mr. Hughes, seconded by Mrs. Rosenswie, to table this item until the next meeting.
Mr. Bond noted that the Code Enforcement Officer is charged with determining the line of zoning and a decision has not been made on that issue yet. 2008-083 Martin Rajewski, 83 Lind Avenue, appeared on the request and submitted recent photos of the house. Mr. Bond noted that these houses were built prior to the ordinance being put in place in 1965 and he questioned if the applicant planned on extending further into the setback. Mr. Rajewski stated he was only changing the style from a shed dormer to a gable dormer. Letters of no objection were submitted from Thomas and Maralyn Johnson, 82 Lind Avenue, and Rae Mitchell, 79 Lind Avenue. No comments were heard from the public. Motion by Mr. Harmon, seconded by Mrs. Rosenswie, to close the public hearing and grant a variance for property located at 83 Lind Avenue to extend 2nd floor addition into required front yard set back.
2008-084 David Young, 608 Seneca Creek Road, stated he operates the Winchester Grill at this address and is two years into a five-year lease for the property. He has been open for the last year but because the property was not in operation between the time of the last tenant operating an establishment and his operation, the zoning was lost for a liquor license.
2008-084 (Continued) Mr. Bond clarified the situation. The property is non-conforming and the applicant’s use of the property as proposed is not allowed in that area. At the time it was built, it was proper because it predated the ordinance. The ordinance was changed and the law states if the non-conforming operation of the business is ceased for over a year, the non-conforming use is lost and anything thereafter has to conform to the ordinance. A petition signed by the residents was submitted. Mr. Harmon questioned if the applicant wanted to serve alcohol in addition to serving food. Mr. Young stated that was correct. The Winchester Grill is mainly an eating establishment but many customers have expressed interest is being served alcohol with their meals. The restaurant is currently open until 11:30 p.m. and if alcohol was allowed, he would most likely remain open until 1:00 a.m. No comments were received from the public. Motion by Mr. Hughes, seconded by Mrs. Price, to close the public hearing and grant a variance for property located at 484 Harlem Road for use as an eating and drinking establishment.
ADJOURNMENT: Motion by Mr. Bond, seconded by Mrs. Price, to close the public hearing and adjourn the meeting (7:55 p.m.).
Respectfully submitted, Patricia C. DePasquale, RMC/CMC For additional information, suggestions, or problems, please contact our Webmaster.
|