West Seneca Zoning Board of Appeals Meeting Minutes 12/13/2006

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 #2006-010:

Motion by Mr. Hughes, seconded by Mrs. Rosenswie, to approve Minutes #2006-10 of October 25, 2006.

TABLED ITEM:

2006-088
Request of Gail Dreyer for a variance for property located at 184 HiView Terrace to construct a two-car garage 1.49 ft from side property lines.

Mr. Bond noted that this item was tabled from last month for the applicant to submit changes to the original proposal.

Chuck Hauger, 1156 Culpepper Road, Williamsville, representing the applicant Gail Dreyer, submitted an amended proposal to the original request for a 22 ft length x 21 ft wide garage, 1.49 ft from the property line. The applicant has since spoken with the neighbor to downsize the garage to19 ft x 20 ft and 3.94 ft off the property line.

Mr. Bond questioned whether the front setback was sufficient.

Mr. Hauger stated there is more than the required 30 ft.

Mrs. Price stated it appears to be 28.7 ft from the front property line.

Mr. Hauger responded the distance to the house is 50.7 ft and taking off 19 ft, there remains more than 30 ft to the front property line.

Mr. Bond cautioned that in the event the variance is granted and the front setback requirement is not met, then the applicant will need to correct it or come back to this board.

Mr. Hauger stated he understood that.

Mr. Dunn noted that the applicant was able to cut back the distance to allow 3.49 ft on the side property line and asked why it was not possible to provide the extra foot and a half and not necessitate a variance.

Mr. Hauger it was based on the width of the garage that Ms. Dreyer wanted to erect.

Mr. Hughes noted that the signature of the resident at 190 Hi View is still missing.

Mr. Hauger stated that resident is present this evening.

Alice Bergman, 190 Hi View, stated her property is adjacent to the applicant’s. She did speak with Ms. Dreyer but their conversation was different that what was presented tonight. She presented a photograph of the house showing a space between the garage and door of at least 5 ft. The sidewalk could be adjusted by a foot and a half and no variance would be required.

Mr. Bond explained that the one side of the garage where the end of the present garage is, on the side of the house going across, ends up a foot and a half off the property line. He asked the distance between the applicant’s house and Ms. Bergman’s.

Ms. Bergman noted the distance on the one photo presented. She stated that in her previous conversation with the applicant, only a half foot was needed and there is room on the side of the door.

Mr. Bond noted that moving it over another foot and a half would not require a variance but then it would be blocking the vestibule in front of the house.

Mr. McCabe asked if Ms. Bergman would be opposed to the Zoning Board granting the applicant a half foot.

Ms. Bergman stated that would be agreeable to her, but she was also concerned with drainage.

Mr. McCabe stated that if Ms. Bergman had opposition to this, it had to be conveyed to the Board prior to a decision being made.

Mr. Hughes noted that the request had been tabled from last month so that Ms. Bergman could have an opportunity to express her opinion.

Mr. Bond reviewed the plan of applicant with Ms. Bergman, noting the footage between the adjacent property lines and the size of the proposed garage. Originally, the applicant requested a variance for a variance to be a foot and a half off the property line and has since revised the plan to be 3 ½ feet off the property line. Drainage is not a zoning question. The applicant must submit a drainage plan which meets the approval of the Town Engineer prior to a building permit being issued. Any drainage cannot negatively impact upon the area.

Motion by Mr. Dunn, seconded by Mrs. Price, to close the public hearing and deny the request for a variance for property located at 184 HiView Terrace to construct a two-car garage 1.49 ft from side property line, or as amended to request a variance for 3 ½ ft from side property line.

On the question, Mr. Dunn stated that after reviewing the photographs and drawings, it appears the garage can be moved over a foot and a half and not impact upon the adjacent property at all.

NEW BUSINESS:

2006-092
Request of Winifred Noone for a variance for property located at 185 Woodcrest Drive to erect addition to garage 3 ft from side yard property line.

The son-in-law of applicant appeared in her absence and stated Mrs. Noon would like to erect a 4 ft x 10 ft addition to the existing garage, 4 ft on the side by 10 ft deep. The distance from the side property line would be 3.91 ft. He presented a drawing of the proposed addition and a letter of no objection from the adjacent resident.

Mr. Bond noted the applicant states the reason for the request is for easier access to the snow blower from the garage and asked if the wall was going to be removed.

He stated the wall would be removed and rebuilt to accommodate the new slope to the roof with an access door to the garage. The garage is small and Mrs. Noone has difficulty in getting the snow blower out if her car is parked in the garage.

Mr. Bond noted that most people build a shed in the backyard to accommodate this type of equipment.

He stated this was suggested to his mother-in-law, but she preferred this method and the neighbors have no objection.

Mr. Bond asked if there was a concrete pad running along the side of the house to the back.

He stated there was a sidewalk.

Mrs. Rosenswie asked if the applicant would be doing her own snow blowing.

He responded that his mother-in-law believes she can.

Mrs. Price noted that it would be physically difficult for the applicant to bring the snow blower from around the back of the house.

Mr. Bond noted that it would be his preference to grant a variance to erect a 4 ft x 10 ft addition to the existing garage, 4 ft from the side property line.

Motion by Mr. Bond, seconded by Mrs. Rosenswie, to close the public hearing and grant a variance for property located at 185 Woodcrest Drive to erect a 4 ft x 10 ft addition to the existing garage, 4 ft from the side property line.

2006-093
Request of Marie Hoffman for a variance for property located at 1374 Orchard Park Road to stable horse in existing barn on property 1.4 acres in size.

Marie Hoffman and Jim Hoffman, 1374 Orchard Park Road, submitted letters of no objection from residents at 1366 Orchard Park Road, 1400 Orchard Park Road, 30 Marilyn Drive and 14 Marilyn Drive. When the property was purchased in 1979, they assumed a horse was allowed since the previous owner had one and the property is conducive to housing a horse. One neighbor complained to the town and she was ordered to remove the horses. Since then she had had to board her horses elsewhere at a considerable expense of $40,000 over the past 15 years. Her husband is now retired and they have a limited income.

Mrs. Price asked if the complaining neighbor is still living in the neighborhood.

Mrs. Hoffman stated he was.

Mr. Bond noted that since 1966, the new ordinance required two acres of land in order to stable a horse. The other issue is the storage of manure which cannot be stored within 100 feet from the property line.

Jim Hoffman stated he is an organic gardener and has maintained a compost heap for 30 plus years. The compost heap is in the greenhouse so that it is out of sight and also for the control of water. The heap requires 4 or 5 truck loads of manure every year which he has been hauling it for 30 years. He also presented the Board members with samples of the compost to show there is no odor.

Mr. Bond asked where the objecting neighbor lives in relation to the applicants’ property.

Mr. Hoffman stated that neighbor lives on the south border of his property, in the middle. His objection had been based on a devaluing of his property which is not the case and in contrast to the opinions of the other surrounding neighbors.

Mr. McCabe asked which building on the survey would house the horse.

Mr. Hoffman indicated the location of barn which has been there for over 100 years and connected to the greenhouse.

Joe Stephan, 1366 Orchard Park Road, spoke in support of the applicants, stating he has lived at his address for 20 years. The property goes back quite a distance and he did not see any problem with the applicants housing a horse.

Motion by Mr. Hughes, seconded by Mr. Dunn, to close the public hearing and grant a variance for property located at 1374 Orchard Park Road to stable horse in existing barn on property 1.4 acres in size.

2006-094
Request of Living Faith Church for a variance for property located at 1907 Center Road to erect 40 sq ft pedestal sign 0 ft from front property line & 3 ft to under side of sign.

Keith Hoppe, 1907 Center Road, stated he is the pastor of Living Faith Church. They are currently making renovations to the Church which has an existing smaller sign. They are requesting a larger more visible sign to publicize events. A rendering of the sign was submitted and letters of no objection from a number of residents.

Mr. Dunn stated he had a concern with visibility on the part of the congregation leaving the parking lot.

Mr. Hoppe stated there is a sign on the other side of the road, a little over 6 ft long and 3 ft off the ground, very similar to the one being requested and which has never presented a sight problem. The sign will be 13 ft off the road. Mr. Hoppe reviewed the size and style of the sign as shown on the sketch presented with the Board members.

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 1907 Center Road to erect 40 sq ft pedestal sign 0 ft from front property line & 3 ft to under side of sign.

2006-095
Request of Phillip L. Hauenstein for a variance for property located at 49 Boynton Street to reduce bulk area from 23,000 sq ft to 11,130 sq ft.

Phillip Hauenstein, 49 Boynton Street, that the house was grandfathered in for three units when purchased, although there are four kitchens, four bathrooms and basically 4 separate units. There is approximately 800 sq ft of useless space because of this.

Mr. Bond stated it was his understanding the applicant appeared before the Planning Board and Town Board and applicant was granted his special use permit.

Mr. Hauenstein stated that was correct, but he was directed to add the additional parking. It was his understanding that it was originally a store front with one or two units. It was grandfathered in with three units but had four kitchens, other than missing the kitchen sink in the fourth unit.

Mrs. Price asked how long the applicant has owned the house.

Mr. Hauenstein stated he had owned the property for a year and a half. Letters of no objection were submitted from each adjoining neighbor, 39 Boynton Avenue and 55 Boynton Avenue.

Mrs. Price asked if the property was considered a three or four unit under the financing for the purchase.

Mr. Hauenstein stated it was considered a three unit. There is no kitchen sink in the fourth unit and he would like to complete that unit.

No comments were received from the public.

Motion by Mr. Bond, seconded by Mr. Hughes, to close the public hearing and grant a variance for property located at 49 Boynton Street to reduce the required bulk area from 23,000 sq ft to 11,130 sq ft.

Mr. Bond noted that the Town Board has already approved the applicant’s request for four units and at the time was aware that the applicant did not have the required bulk area.

2006-096
Request of David Bystrak for a variance for property located at 4721 Clinton Street to erect garage addition 20 ft from front property line.

David Bystrak, 4721 Clinton Street, stated his request is for a carport which cannot be erected in any other place.

Mr. Dunn asked if the carport will extend out farther from the front or back of the existing garage.

Mr. Bystrak stated it will be adjacent to the existing building which is a small one car detached garage used for storage of his lawnmower and snow blower so there is no room for the car. He presented letters of no objection from residents.

No comments were received from the public.

Motion by Mr. Dunn, seconded by Mrs. Price, to close the public hearing and grant a variance for property located at 4721 Clinton Street to erect garage addition 20 ft from front property line.

2006-097
Request of Catherine Russo for a variance for property located at 151 Bradwood Road to existing pool 5 ft from house.

Mr. Bond noted the absence of the applicant.

Motion by Mrs. Price, seconded by Mr. Dunn, to table this item until the January 24, 2007 meeting.

2006-098
Request of Gaetano Collana for a variance for property located at 4130 Seneca Street to erect storage building 2 ft from existing concrete patio and 3 ft from rear property line.

Gaetano Collano, 4130 Seneca Street, stated the proposed shed is 14 ft x 20 ft in length.

Mr. Bond cautioned applicant that he will need to stay 3 ft off the property line, but the ordinance requires a 10 ft separation between buildings on the property.

No comments were received from the public.

Motion by Mrs. Rosenswie, seconded by Mr. Hughes, to close the public hearing and grant a variance for property located at 4130 Seneca Street to erect storage building 2 ft from existing concrete patio and 3 ft from rear property line.

ADJOURNMENT:

Motion by Mr. Hughes, seconded by Mrs. Rosenswie, to close the public hearing and adjourn the meeting (8:05 P.M.).

Respectfully submitted,