|
West Seneca Zoning Board of Appeals Meeting Minutes 01/27/2010
WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
1250 Union Road Minutes
#2010-01
West
Seneca,
NY 14224 January 27, 2010
The regular
meeting of the Zoning Board of Appeals of the Town of West Seneca was called to order by Chairman
Bond on Wednesday, January
27, 2010 at 7:00 P.M. followed by the Pledge of Allegiance.
ROLL CALL: Present - William
Bond, Chairman
Sandra
Giese Rosenswie
Michael
Hughes
Michael
Harmon
David
Monolopolus
Robert
Pinnavaia, Asst Code Enforcement Officer
Absent - Shawn Martin, Town Attorney
 OPENING OF PUBLIC HEARING
Motion by Mr.
Hughes, seconded by Mrs. Rosenswie, to open the Public Hearing.
Ayes: All Noes:
None Motion
Carried
APPROVAL OF PROOFS OF PUBLICATION
Motion by Mr.
Monolopolus, seconded by Mr. Harmon, to approve the proofs of publication and
posting of legal notice.
Ayes: All Noes: None Motion Carried
APPROVAL OF MINUTES
Motion by Mr.
Hughes, seconded by Mrs. Rosenswie, to approve Minutes #2009-11, December 9, 2009.
Ayes: All Noes: None Motion
Carried
TABLED
ITEMS:
2009-096 Request of Matthew J.
Rutski for a variance
for property located at 3680 Seneca
Street to erect detached garage with apartment above.
Motion by Mr.
Harmon, seconded by Mr. Monolopolus, to remove this item from the table.
Ayes: All Noes: None Motion
carried.
WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
1250 Union Road Minutes
#2010-01
West Seneca, NY 14224 January 27, 2010
Page two . . .
Chairman Bond stated that
the attorney for the applicant has requested this item be adjourned
generally.
Motion by Mr. Bond,
seconded by Mr. Harmon, to table Item #2009-096 generally.
Ayes: All Noes: None Motion
carried.
NEW
BUSINESS:
2009-104 Request of Sebastiano
Const for a variance
for property located at 3775 Seneca
Street to erect windbreak wall on existing builidng 4.5 ft from
side property line (25 ft required)
Joseph Sebastiano, 218
Enchanted Forest, Lancaster, stated he had been requested to put up two walls
where the basement door is located on the side of the building to act as
windbreakers in blocking the snow. He
was unaware of the code requirements since this was a small job. A letter of no objection from the resident
at 3807 Seneca Street
was submitted. He was unable to
contact the owner on the opposite side.
Mr. Harmon questioned the
length of the proposed walls.
Mr. Sebastiano stated they were
7 feet long, made of vinyl siding and 2 x 4’s, and already constructed, just
before the winter began.
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 3775 Seneca
Street to erect windbreak wall on existing builidng 4.5 ft from
side property line.
Ayes: All Noes: None Motion
carried.
2009-105 Request of David Manko for a variance
for property located at 4534
Clinton St to reduce required ground clearance from 8 ft to 1.67
ft.
David Manko, 4534 Clinton Street,
submitted photos of the proposed sign and the engineer’s site plan. He stated the sign will be approximately 35
ft back from the road. Mr. Manko
reviewed the site plan and the exact proposed location of the sign with
Zoning Board members.
WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
1250 Union Road Minutes
#2010-01
West Seneca, NY 14224 January 27, 2010
Page three . . .
2009-105
(Continued)
Mr. Bond commented on the
concern of the Board that the sign will block the vision of traffic.
Mr. Manko noted that the
proposed sign lines up with that of the next door neighbors, Pinelli
Landscaping and Classic Windows & Doors, and will not block the vision of
traffic.
Mr. Pinnavaia noted that
the Town Board has given approval for the electronic portion of the sign.
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 4534
Clinton St to reduce required ground clearance from 8 ft to 1.67
ft.
Ayes: All Noes: None Motion
carried.
2010-001 Request of Roland Georger, Esq., as
attorney for JGB Group LLC, for a variance for property located at 3654 Clinton Street to allow 14 parking spaces (16 required).
Roland Georger, Esq.,
attorney for JGB Group LLC, 9276
Main Street, Clarence, appeared on the request
with the owner of the property, and submitted photos of the property along
with letters of no objection from residents at 3666 Clinton Street, 3640 Clinton Street, 3659 Clinton Street, and 3675 Clinton Street.
Mr. Bond referred to the
memorandum also submitted by Mr. Georger, noting that it was well drafted and
adequately met all the requirements for an area variance. This is the type of business where there
will not be an inordinate amount of customers coming in and out all day.
Mr. Georger agreed,
commenting that the petitioner provides an outsource IT type of service with
approximately 6 employees who remote into the customers’ computers, requiring
6 to 9 parking spaces at any time. The
petitioner is requesting the required parking spaces be reduced from 16 to
14.
Mr. Pinnavaia noted that
the 16 spaces required by the code are based on square footage and the type
of business. In the event a change in
WEST SENECA TOWN OFFICES ZONING BOARD OF APPEALS
1250 Union Road Minutes
#2010-01
West Seneca, NY 14224 January 27, 2010
Page four . . .
2010-001 (Continued)
use was requested in the
future, for example a doctor’s office, then this would have to return to the
Zoning Board as that type professional office would require additional
parking spaces.
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 3654
Clinton Street to allow 14 parking spaces.
On the question, Mr. Bond
stated he was voting in favor of the variance based on the reasoning outlined
in the memorandum.
Ayes: All Noes: None Motion
carried.
ADJOURNMENT:
Motion by Mr. Hughes,
seconded by Mrs. Rosenswie, to close the public hearing and adjourn the
meeting (7:15 p.m.).
Ayes: All Noes: None Motion
carried.
Respectfully
submitted,
Patricia
C. DePasquale, RMC/CMC
Secretary
Disclaimer
For additional information, suggestions, or problems,
please contact our
|
