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West Seneca Zoning Board of Appeals Meeting Minutes 09/26/2007
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 September 26, 2007 at 7:00 PM, followed by the Pledge of Allegiance. ROLL CALL: Present -
Penny K. Price Daniel P. Dunn Sandra Giese Rosenswie Michael Hughes Paul Notaro, Deputy Town Attorney William Czuprynski, Code Enforcement Officer Excused - None 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 Motion by Mr. Dunn, seconded by Mr. Hughes, to approve Minutes #2007-07 of August 25, 2007.
OPENING OF PUBLIC HEARING Motion by Mr. Hughes, seconded by Mr. Dunn, to open the Public Hearing.
TABLED ITEM: 2007-070
Mr. Bond noted that this application will be heard upon arrival of the applicant who has advised she will be late. NEW BUSINESS: 2007-075 Dr. Brian McCourt, 3681 Seneca Street, stated he is a chiropractor and would like to erect a sign in front of his place of business. The original sketch submitted to the Zoning Board reflected a sign that was 55 sq ft and he has since reduced the sign to 42 sq ft. Mr. Bond noted that the petition requests 0 ground clearance and the sketch shows 28 inches. The reason for the 8 ft clearance as required under the ordinance is to allow for visibility when a person is existing the driveway. Dr. McCourt noted the building is 40 ft back from the road and would the sign would be erected 10 to 15 ft back from the road to allow space for people to see beyond the sign when pulling out. Mr. Bond asked the applicant to clarify the location of the driveway. Dr. McCourt reviewed the survey with the members and noted the location of the driveway and proposed sign. Mr. Dunn asked if the applicant was planning on placing the sign 10 ft back from the blacktop or the right of way. Dr. McCourt stated it would be from the right of way. Mr. Bond asked if the applicant would be willing to place the sign 15 ft back from the right of way. Dr. McCourt stated he was willing to do that. 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 3681 Seneca Street to erect an oversized sign without sufficient ground clearance, with the
stipulation that the sign be 42 sq ft in size, located 15 ft back from the right of way and 28 inches in height from the ground as indicated in the sketch submitted by applicant.
2007-076 Noel Will, 89 Lind Avenue, submitted a photograph of his driveway and stated he would like the proposed garage to be even with the driveway which is 6 ft off the house. Mr. Hughes asked the size of the proposed garage. Mr. Will stated he did not have a specific size in mind as he was unsure whether a variance would be granted. He was informed it could be 28 ft wide and 50 ft long because there is plenty of green space. Mr. Bond noted the diagram indicates the driveway at the point of where the garage would be is 24 ft. Mr. Will stated it would be at least 24 ft wide. Mrs. Price noted the 50 ft possible length of the proposed garage and asked if applicant intended on running a business from it. Mr. Will stated he would not be operating a business from the garage. The garage will be used to store two trailers which currently are in violation of the town code. Letters of no objection were submitted from 99 Lind Avenue, 219 Center Road, 221 Center Road and 225 Center Road. 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 89 Lind Avenue to erect garage 6 ft from house, with the stipulation that the garage is not used to operate a business.
2007-077 Michael Biddleman, 92 Covington Drive, stated his house is becoming too small for his family. The proposed addition will include a family room downstairs and an additional bedroom upstairs. Mr. Bond noted the proposed addition is 16 ft x 16 ft, or 250 sq ft. The width across the house is 25 ft. If the addition was 10 ft x 25 ft, a variance would not be required. Mr. Biddleman stated he was looking to go back, rather than to the side. There is an existing patio on that side which will remain. Mr. Bond noted there is a covered patio on the garage also. Mr. Biddleman stated that was correct. Letters of no objection were submitted from 88 Covington and 98 Covington Avenue. No comments were received from the public. Mr. Dunn noted that 10 ft is required between structures under town code so that fire apparatus can get back in if needed. A 10 ft x 25 ft addition would allow more space for fire equipment. Mr. Biddleman stated that the garage is almost straight on with the driveway and it’s actually the covered patio connected to the garage that would hinder the access, but it is not enclosed and would not present a real problem with gaining entry. Motion by Mrs. Rosenswie, seconded by Mr. Dunn, to close the public hearing and grant a variance for property located at 92 Covington Drive to erect addition to house 4 ft from garage, noting that the distance between structures is actually to the concrete patio and not the garage.
2007-078
Russell Gaglia, 141 Pacecrest Ct, stated his proposal is for an outdoor room to protect the house from the elements and for enjoyment by the family. Mr. Hughes asked if this room would be screened in or just covered. Mr. Gaglia stated it would covered only, and not screened in. Mr. Gaglia submitted plans for review by the Zoning Board. Mr. Bond asked if the front of the house was being demolished or the porch added on. Mr. Gaglia stated it would be added on. He reviewed the plans in detail with the Zoning Board. Mr. Dunn stated that it is the practice of the Zoning Board to request letters from adjoining neighbors stating their approval or disapproval of the project. He noted that in this neighborhood all the houses are similar and the proposal of applicant will dramatically change the appearance of the house. Mr. Gaglia stated he had not obtained letters from the neighbors. Mrs. Rosenswie asked how the applicant planned on controlling water where the roof is joined. Mr. Gaglia stated there is a water shield to prevent water damage. Mr. Bond noted is agreement with Mr. Dunn and stated the neighbors may have a concern with this request. Motion by Mr. Hughes, seconded by Mr. Bond, to table this item until the October meeting for the applicant to obtain letters from the neighbors.
2007-079 Daryl Martin, 3625 Eggert Road, Orchard Park, stated he was previously before the Zoning Board and received a variance for the front setback.
Since the “as built” survey was completed, it was noted the building was 48 ft. There are five separate surveys and they are all different. This variance is being requested based on the latest survey showing the least distance. They need to keep the parking in front in order to comply with the parking for the size of the building. Mr. Bond asked how much green area was being allowed for in the front. Mr. Martin stated there was no green space, per the approval of the Planning Board. The parking was to remain the same as it was for the Leghorn Restaurant. There is a total of 74 parking spaces. The County right of way up to the curb will be repaved. Mr. Czuprynski questioned the applicant on drainage issues and Mr. Martin responded to the questions. 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 3720 Seneca Street for a reduction in the front yard setback to 41.86 ft with parking in front.
2007-080 John Ianello, Transit Road, Orchard Park, builder for the applicant, appeared on the request for a variance. Mr. Ianello stated the house is angled on a slant on the lot. A letter of no objection was submitted from neighbor at 211 Summit. Mrs. Price asked if there was a driveway. Mr. Ianello stated the driveway was located in front of the house, to the left side. The house is set on an angle and the applicant would like to expand the kitchen. Mr. Dunn asked if it would be possible to move the addition back a foot.
Mr. Ianello stated this would interfere with the addition plans and make the proposed kitchen smaller. Only the back corner is infringing on the setback. Mr. Bond noted the request was more for aesthetic purposes and it would be possible to move it 1 ft farther south. Mr. Ianello agreed that it could be moved, but the applicant preferred it in this location for aesthetic reasons. 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 215 Summit Avenue to erect addition to rear of house 3.5 ft from side property line.
2007-070 Mr. Bond stated it is the opinion of the Code Enforcement Officer that the proposed credit union office is not allowed in an R60-A and would require a C-1 zoning. Morris Horwitz, Esq., attorney for applicant, stated the question raised is what is the interpretation of an administrative office as opposed to a credit union office and what is the benefit to the town, given that the credit union has proven itself to be a good corporate citizen. Mr. Bond stated the zoning ordinance refers to “other administrative, professional or executive offices” as permitted uses in R60-A zoning and the code enforcement officer has made the determination that a credit union does not come within those categories. If it was merely used to clear checks without people coming in and out, that would place it in the category of an administrative office. Mr. Horwitz stated the applicant’s operation is similar to a professional office of an attorney, dentist or physician where the potential for traffic flow would be limited in that it is not open on weekends.
Mr. Bond stated that is more of an argument for rezoning to C-1, that it would be more beneficial the town than what is there now. Mr. Horwitz stated the applicant has two options. The appliant can argue that it is a permitted use and let the Zoning Board decide if it a permitted use. Plan approval must still be received from the building inspector and there be parking and setback issues, even if appoved. If the Zoning Board feels it is not a permitted use, then it will be necessary for the applicant to apply for a rezoning, with the same issues remaining and variances would be necessary for a smaller lot than the town requires, plus anything on the building plans that do not meet code. Mr. Bond stated the code specifically states that drive-in banks are required to have C-1 zoning. The Zoning Board does not have the authority to change zoning. No comments were received from the public. Motion by Mr. Bond, seconded by Mr. Dunn, to close the public hearing and uphold the determination of the code enforcement officer that the requested use as a credit union is not permitted in the present zoning for property located at 475 East & West Road.
2007-081 Mr. Bond noted that Mr. Hughes is a member of the Zoning Board of Appeals and will abstain from voting on this item. Michael Hughes, 13 Taylor Road, stated he would like to erect a 7 ft fence in the back yard. There is a 2 ˝ ft difference in elevation from the front of the property all the way to the rear which backs up to East & West Road. Most of the surrounding residents are faced with the same situation. They had planned on purchasing some property directly behind them, but the developer will not sell and the fence is required with the pool. Letters of no objection were submitted from 17 Taylor Road and 19 Taylor Road. 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 13 Taylor Road to erect 7 ft fence in rear yard.
ADJOURNMENT: Motion by Mr. Hughes, seconded by Mrs. Rosenswie, to close the public hearing and adjourn the meeting (8:00 p.m.). Respectfully submitted, Patricia C. DePasquale, RMC/CMC For additional information, suggestions, or problems, please contact our |