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West Seneca Zoning Board of Appeals Meeting Minutes 12/09/2009
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 December 9, 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 Robert Pinnavaia, Asst Code Enforcement Officer Excused - None OPENING OF PUBLIC HEARING Motion by Mr. Harmon, seconded by Mr. Monolopolus, to open the Public Hearing.
APPROVAL OF PROOFS OF PUBLICATION Motion by Mr. Hughes, seconded by Mrs. Rosenswie, to approve the proofs of publication and posting of legal notice.
APPROVAL OF MINUTES Motion by Mr. Hughes, seconded by Mrs. Rosenswie, to approve Minutes #2009-10, October 28, 2009.
TABLED ITEMS: 2009-093 Motion by Mr. Hughes, seconded by Mr. Harmon, to remove this item from the table. Chairman Bond noted the absence of applicant
2009-093 (Continued) Motion by Mr. Hughes, seconded by Mrs. Rosenswie, to table this item generally. Secretary was directed to send the applicant a letter, requesting that he advise his intentions with regard to the application for a variance.
2009-094 Motion by Mr. Hughes, seconded by Mr. Monolopolus to remove this item from the table.
Chairman Bond noted that the Board requested a letter from the neighbor at last month’s meeting. Mr. Mandura presented a letter of no objection from Michael & Mary DeMarzio, 4971 Seneca Street, stating no objection to a 5 ft fence between the residents and owner of 4965 Seneca Street. He noted the request for a 5 ft fence is for safety reasons. Mr. Bond questioned the need to extend out so far, almost to the front of the house. Mr. Mandura responded 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 noted the distance from Seneca Street was approximately 100 ft. Mr. Mandura stated it was approximately 95 ft from Seneca Street. 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 4965 Seneca Street to erect a 5 ft fence in side yard.
2009-094 (Continued)
NEW BUSINESS: 2009-095 Dan Walters, 257 Fawn Trail, stated he would like to have a porch type canopy constructed on the addition being built. He is requesting a 4 ft setback so the total structure is 4 ft off the house for practicality reasons. Mr. Pinnavaia stated that if the porch doesn’t have a roof, it’s allowed to project a distance into the front yard setback. Once the roof is on, it’s considered part of the house. The second floor overhang is allowed to project 2 feet into the front yard setback without a variance. The distance required by the applicant was discussed with the Assistant Code Enforcement Officer. A letter of no objection with signatures of residents from 254 Fawn Trail, 160 Sunrise Terrace, 265 Fawn Trail, and 262 Fawn Trail was presented. 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 257 Fawn Trail reducing the required front yard setback to 27 feet for the roofed canopy.
2009-096 Motion by Mr. Bond, seconded by Mr. Hughes, to table the above item at the request of the applicant’s attorney, Ralph C. Lorigo, Esq.
2009-097 Mr. Bond asked the applicant if he will be staying the same distance off the property line where the house is currently. Mark White, 101 Brookside Drive, stated he will actually be 8 inches shorter on both sides. He will be removing the patio and going out a little farther into the yard. Mr. Bond noted the applicant has no alternate option, taking into account the lot size. No comments were heard from the public. Motion by Mr. Hughes, seconded by Mr. Monolopolus, to close the public hearing and grant a variance for property located at 101 Brookside Drive to erect addition 3.11 feet from side property line and 6.74 feet from exterior side property line.
2009-098 Jason Kempski, 47 Race Street, stated an error was made in the layout of the foundation for a new addition and a reduction in the required side yard setbacks is being requested. A letter of no objection signed by the adjoining neighbor was submitted. No comments were heard from the public. Motion by Mrs. Rosenswie, seconded by Mr. Monolopolus, to close the public hearing and grant a variance for property located at 47 Race Street to reduce required side yard setbacks from 5 feet to 4.83 feet and 4.64 feet.
2009-099 Christine Lucey, 3892 Clinton Street, stated the property is a corner lot. Mr. Bond referred to the fence along the property line as noted on applicant’s drawing, and suggested the fence go from the garage all the way out, or approximately 6 ft inside. The applicant reviewed the drawing with the Board members. Ms. Lucey stated they are coming out from the garage. Applicant submitted a letter of no objection from the resident at 3886 Clinton Street and noted that the neighbors across the street were not available and she believed they may be away. 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 3892 Clinton Street to erect a 4 ft high fence in exterior side yard, provided that the fence on the east side stay in line with the garage going north and south towards the house.
2009-100 Paul Fidali, NAS Sign Company, 1628 Elmwood Avenue, Buffalo, stated the proposed sign is a fluorescent/LED message display for identification on Union Road at the adjoining Darryll’s business location. The spa is completely hidden and the business owner needs a sign out at the street. Mr. Pinnavaia noted this is not only a request for an oversized sign, but also its location off site. He also noted that the applicant appeared previously before the Town Board for the flashing aspect of the sign. Mr. Bond noted the proposed sign will be 10 ft off the Union Road right of way and inquired if they will need an agreement from the owner of the property where the sign is to be erected to allow applicant’s sign on the property.
2009-100 (Continued)
Mr. Fidali stated that an agreement will be provided at the time the sign permit is applied for, as well as landlord approval and a signed document on the property survey. Mr. Martin questioned if a recorded deed would be provided. Mr. Fidali stated they typically have a letter which is signed by both parties. No comments were received from the public. Motion by Mr. Hughes, seconded by Mr. Bond, to close the public hearing and grant a variance for property located at 2350 Union Road to erect oversized sign, contingent upon submission of landlord approval in writing with the town.
2009-101 Randy Schmidt, 45 Crystal Lane, stated he is proposing a 12 ft x 18 ft sized garage and requires a variance for an additional driveway. The garage will be used for storage and the driveway used to park a vehicle. Mr. Bond asked the Assistant Code Enforcement Officer is a curb cut will be required. Mr. Pinnavaia responded that was correct, a curb cut would be required. He also reviewed the proposed location of the pole barn and driveway with the applicant and the Board members, noting the requiring number of feet to property lines. Mr. Schimdt presented photos and signatures of 14 residents on the street and confirmed that he will not be operating a business from the proposed pole barn. The driveway is stone with concrete borders. No comments were received from the public.
2009-101 (Continued) Motion by Mr. Monolopolus, seconded by Mr. Harmon, to close the public hearing and grant a variance for property located at 45 Crystal Lane to allow a 10 ft second driveway on property.
2009-102 Mr. Pinnavaia stated the applicant had come into his office to apply for a building permit for the second story over the garage, at which time it was discovered that when the existing garage was erected it was built within the required 5 ft side yard. Darlene Cummins, 137 E. Center Road, stated she is the owner of the property. The garage was built in 1976 at which time the adjoining neighbor gave permission to the previous owners to build the garage within the required side yard, but apparently no variance was ever applied for. She also submitted a letter of no objection to the variance now being requested signed by the adjoining neighbor, Gary J. Lafferty, 127 East Center Road. The proposed second story will contain a living area, bedroom, and a storage closet for her father who will be residing with them. No comments were received from the public. Motion by Mr. Harmon, seconded by Mr. Monolopolus, to close the public hearing and grant a variance for property located at 137 E. Center Road to erect 2nd story over existing garage 3.89 feet from side property line.
2009-103 Donald Borden, 200 Temple Street, Fredonia, stated the business is redemption of cans and plastic bottles. He has operated a similar business in Jamestown. Initially, he will need the trailer for three
2009-103 (Continued) months. Everything is wrapped in sealed plastic bags. As one trailer is filled and leaves, another trailer is dropped off. Mr. Hughes asked how often that process cycles through. Mr. Borden stated the Jamestown operation is every four days. This operation will be once a week. He is leasing the building with an option to buy. Mr. Bond noted that with the applicant leasing the property, he is not the owner and questioned if there should be something in writing from the owner of the property. Mr. Martin stated if the applicant has a lease, he has permission to use the premises. Mr. Bond asked if there was any way to shield the trailer from Seneca Street. Mr. Borden responded that would be very difficult as the trailer must back in. He has spoken with the neighbors and there will be no problem with the neighbors. Mr. Hughes suggested a one-sided fence across the front of the building. Mr. Borden stated he would not be able to back the trailer in then. Mr. Harmon suggested a fence on a pole at the corner of the building and swing it open and closed. Mrs. Rosenswie thought there was a sign on the corner which would prevent that option. Mr. Monolopolus questioned the number of customers per day that the applicant anticipated. Mr. Borden responded that he had eight parking spots. Mr. Bond questioned the width of the trailer. Mr. Borden stated it was 8 ft wide and would be 3 feet from the building.
2009-103 (Continued) The applicant and the Board members discussed various screening options. No comments were heard from the public. Motion by Mr. Bond, seconded by Mr. Hughes, to close the public hearing and grant a variance for property located at 2990 Seneca Street to allow permanent parking of trailer section of tractor-trailer on lot, conditioned on applicant providing solid screening perpendicular to the front of the building (southeast corner of the building) 6 ft high and 12 ft wide, within a month.
2009-041
Motion by Mr. Bond, seconded by Mr. Harmon, to reopen this item.
Motion by Mr. Bond, seconded by Mr. Harmon, to grant an additional variance reducing the size of the two rows of parking spaces from 9 ft x 18 ft to 9 ft x 17.5 ft. On the question, Mr. Bond noted that the builder made an error in placing the building too close to the road.
ADJOURNMENT: Motion by Mr. Hughes, seconded by Mr. Monolopolus, to close the public hearing and adjourn the meeting (8:55 p.m.)
Respectfully submitted, Patricia C. DePasquale, Secretary For additional information, suggestions, or problems, please contact our |