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West Seneca Zoning Board of Appeals Meeting Minutes 10/28/2009
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 October 28, 2009 at 7:00 PM, followed by the Pledge of Allegiance. ROLL CALL: Present -
Sandra Giese Rosenswie Michael Hughes Michael Harmon David Monolopolus Shawn P. Martin, Town Attorney Excused - William Czuprynski, Code Enforcement Officer OPENING OF PUBLIC HEARING Motion by Mr. Hughes, seconded by Mr. Monolopolus, to open the Public Hearing.
APPROVAL OF PROOFS OF PUBLICATION Motion by Mr. Harmon, seconded by Mr. Monolopolus, to approve the proofs of publication and posting of legal notice.
APPROVAL OF MINUTES Motion by Mrs. Rosenswie, seconded by Mr. Bond, to approve Minutes #2009-09, September 23, 2009.
NEW BUSINESS: 2009-086 Ronald Skilton, 71 Lorraine Place, appeared on behalf of Winchester Community Church. There was a previous fence that was removed at some unknown point in time. The church would like to replace that fence for purposes of security. There have been recent problems with the neighbors at the adjoining apartments. The proposed chain-link fence is
2009-086 (Continued) 5 ft high and would be located from one corner of the building to where the road and driveway comes in, a distance of 143 ft. Mr. Bond noted the application states a 4 ft high fence. Mr. Hughes noted that both the drawing and the application state 4 ft. Mr. Skilton responded it was his impression that Mrs. Dalbo changed them to read 5 ft high and 143 feet long. Mr. Hughes inquired if there was a previous variance granted sometime in the 60’s. Mr. Bond stated before 1966, a variance would not have been required. He also noted this abuts a commercial property and not a residence. The application refers to a distance of 100 feet past the structure. Mr. Skilton reviewed the drawings and survey with Board members for the exact location of the fence. Mrs. Rosenswie noted there would be no visual obstruction. No comments were heard from the public. Mr. Bond noted the applicant is required to obtain letters of consent from the adjoining neighbors but understood the only adjoining property was the apartment building. Mr. Skilton stated they were notified and the only concern was that the installers of the fence be insured and they are. Motion by Mrs. Rosenswie, seconded by Mr. Monolopolus, to close the public hearing and grant a variance for property located at 909 Harlem Road to install a 5 ft chain-link fence a distance of 143 feet from the front of the building, based on the need for security.
2009-087
2009-087 (Continued) Arthur J. Foster, 2185 Berg Road, stated the covered porch will extend the whole front of the house. Mr. Bond noted that currently the applicant is a distance of 44.84 ft on one side from the front setback and the proposed porch is 6 ft. Mr. Foster stated that was correct. The house has a setback of a little over 2 ft and on the other side, it would be an approximate 8 ft porch. It’s on the corner where he needs to come out 6 ft. Letters of no objection to applicant extending into the 40 ft setback were submitted from 2175 Berg Road and 2225 Berg Road, neighbors on both sides. 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 2185 Berg Road to erect covered porch 38.84 feet from front property line.
2009-088 Adam Partisano, 1 Cathedral Court, stated there is an existing fence at the back corner at the pool area which he would like to extend toward the road and come across and join at the garage in order to enclose the yard for safety purposes. Mr. Bond questioned the applicant how far the fence on the side will be from the street. Mr. Partisano stated it would be more than 4 feet from the sidewalk. A letter of no objection was submitted from John Teti, neighbor to the rear. No comments were heard from the public. Motion by Mrs. Rosenswie, seconded by Mr. Harmon, to close the public hearing and grant a variance for property located at 1 Cathedral Court to allow 4 ft fence in exterior side yard, noting the variance is based on safety reasons.
2009-090 Dominic Cortese, Cortese Bros Construction Co., appeared on behalf of the applicant. Mr. Cortese stated the applicants have lost property across the front property line over the years, making the house very close to the road. The parcel is very large but with the walk-out basement, there is little choice in where to expand the home. Mr. Monolopolus asked if there is an existing garage. Mr. Cortese stated that will be turned into living space. The plan is for a two-bedroom addition with a garage underneath. The other garage will be turned into living space. A letter of no objection was submitted from Paul Eyr, 1300 Mineral Springs Road, the adjoining property owner. No comments were heard from the public. Motion by Mr. Hughes, seconded by Mrs. Rosenswie, to close the public hearing and grant a variance for property located at 1314 Mineral Springs Road to reduce front yard setback to 19 feet from front property line for future addition.
2009-091 David Rizk, 316 Union Road, stated the fence is being requested for safety reasons. He has two dogs and his neighbor has two dogs. He is attempting to avoid a confrontation between the dogs. He is asking to extend the existing fence to the front pillar. The proposed chain-link fence is 4 ft high and will not obstruct view. The fence is planned for only one side which will prevent the neighbor’s dog from coming over onto his property. Letters of no objection were submitted from residents at 292 Union Road and 318 Union Road, along with photo printouts showing the proposed location of the fence. No comments were heard from the public.
2009-091 (Continued) Motion by Mr. Harmon, seconded by Mr. Monolopolus, to close the public hearing and grant a variance for property located at 316 Union Road to erect 4 foot fence in front yard.
2009-092 John Curr, 671 Chestnut Avenue, stated he is proposing to cover an existing porch which had been added on in approximately 1989. Mr. Bond questioned the applicant if he received a variance at that time. Mr. Curr stated Mr. Czuprynski inspected the footer but there was no variance. A letter of no objection with signatures of Daniel Swiatek, 675 Chestnut Avenue and Bob Blazejewski, 677 Chestnut Avenue, was submitted. No comments were herd from the public. Motion by Mr. Hughes, seconded by Mrs. Rosenswie, to close the public hearing and grant a variance for property located at 671 Chestnut Avenue to allow the covered porch as currently existing, extending into the front yard setback.
2009-093 Motion by Mr. Hughes, seconded by Mrs. Rosenswie, to table the above item until the next meeting, at the request of applicant.
2009-094 Frank Mandura, 4965 Seneca Street, stated the fence is partially erected. Mr. Bond questioned why applicant needs the 6 ft fence in the side yard when there is abundant land behind the house. Mr. Mandura responded that he is asking for a 5 ft fence, not a 6 ft fence. He has two large dogs and is concerned they may incur an injury jumping a 4 ft fence. The fence cannot be limited to the back yard because the door is on the side of the house, toward the middle of the house. Mr. Harmon questioned how many more feet the fence would extend past the side door toward the road. Mr. Mandura responded 6 or 7 feet. Mr. Monolopolus asked if the applicant had letters from the neighbors. Mr. Mandura responded that he recently moved in and did not have an opportunity to speak to the neighbors. Mr. Bond noted that the neighbors should be noticed and referred to the letter originally sent to the applicant directed that he obtain letters from the neighbors. Motion by Mr. Hughes, seconded by Mr. Monolopolus, to table this item for the applicant to obtain letters from his neighbors.
ADJOURNMENT: Motion by Mr. Bond, seconded by Mr. Hughes, to close the public hearing and adjourn the meeting (7:45 pm). Respectfully submitted,
Patricia C. DePasquale, RMC/CMC For additional information, suggestions, or problems, please contact our |