ZONING BOARD OF APPEALS March 17, 2015

Transcription

1 Minutes of the meeting of the Zoning Board of Appeals of the Town of Amherst which was held in the Amherst Municipal Building, located at 5583 Main Street, Williamsville, New York, on Tuesday, March 17, 2015 at 7:00 P.M. The meeting was called to order by J. Matthew Plunkett, Chairman at 7:00 P.M. Members present: Absent: J. Matthew Plunkett, Chair Duncan M. Black, AIA Thomas J. Wik Gary M. Palumbo David Pollack There were also present: Rod Cameron, Supervising Code Enforcement Officer Doug Gesel, Code Enforcement Officer Timothy Koller, Assistant Deputy Town Clerk Chairman Plunkett opened up with remarks stating the process of the meeting and hearings. The first order of business was to ask for a motion to approve the minutes from the meeting of February 24, A motion was made by Mr. Black and seconded by Mr. Plunkett to approve the February minutes. Upon roll call the vote was: Mr. Plunkett, aye; Mr. Wik, aye; Mr. Black, aye and Mr. Palumbo, abstain. The motion was declared carried by a vote of ayes 3, noes 0 and 1 abstention. APPEAL OF HAMMERL AMUSMENTS 4224 MAPLE ROAD The first matter to come before the Board was an appeal taken by Hammerl Amusements, c/o Lynn Ritchie, P.O. Box 40, Williamsville, NY requesting a temporary use permit under the Town of Amherst Zoning Ordinance for an outdoor amusement activity at 4224 Maple Road. Proof of publication of Notice of Hearing was received and ordered filed in the Town Clerk s office. John Mistretta appeared and answered questions from the Board. Mr. Mistretta stated that they are looking to hold an outdoor carnival consisting of amusement rides with various games and food. As no one else appeared in favor of or in opposition to the request, Mr. Wik moved and Mr. Palumbo seconded to close the hearing. seconded by Mr. Plunkett to grant the temporary use permit with the following conditions: 1. The permit is valid from May 14 thru May 18, Hours of operation - May 15: 6 pm to 10 pm, May 16: noon to 10 pm; and May 17: Noon to 7 pm. 3. The applicant must apply for an amusement license. 4. The property must be kept properly fenced and secured. APPEAL OF STURDI-BUILD SHEDS 1265 NIAGARA FALLS BOULEVARD The next matter to come before the Board was an appeal taken by Sturdi-Build Sheds, c/o Corey Auerbach, 9276 Main Street, Suite 3, Clarence, NY requesting a renewal of a temporary use permit under the Town of Amherst Zoning Ordinance for outdoor display - sheds at 1265 Niagara Falls Boulevard. Proof of publication of Notice of Hearing was received and ordered filed in the Town Clerk s office. Attorney Corey Auerbach appeared and answered questions from the Board. Mr. Auerbach stated there will be twelve pre built sheds present during the time period of April 1 st until October 31 st for customers to view. No complaints have been received. As no one else appeared in favor of or in opposition to the request, Mr. Palumbo moved and Mr. Wik seconded to close the hearing. 1

2 The Zoning Board of Appeals deliberated on the application and a motion was made by Mr. Palumbo and seconded by Mr. Black to grant the temporary use permit for two (2) years with the following conditions: 1. That the display of sheds be limited to the period between April 1 st to October 31 st of each year. 2. That there is no display of signs facing Niagara Falls Boulevard and Maple Road. 3. That the display be in accordance with the documents presented to the board at the hearing. APPEAL OF MICHELLE ARCHER 135 NORTH FRENCH ROAD The next matter to come before the Board was an appeal taken by Michelle Archer, 135 North French Road, Amherst, NY requesting a renewal of a special use permit under the Town of Amherst Zoning Ordinance for raising chickens at 135 North French Road. Proof of publication of Notice of Hearing was received and ordered filed in the Town Clerk s office. Michelle Archer appeared and answered questions from the Board. Ms. Archer stated that there has been no change other than replacing the chicken coop. No complaints have been received. As no one else appeared in favor of or in opposition to the request, Mr. Wik moved and Mr. Palumbo seconded to close the hearing. The Zoning Board of Appeals deliberated on the application and a motion was made by Mr. Plunkett and seconded by Mr. Wik to grant the special use permit for a period of two (2) years. APPEAL OF ROBERT W. STEPHENS JR NEW ROAD The next matter to come before the Board was an appeal taken by Robert W. Stephens Jr., 1275 New Road, Amherst, NY requesting a variance under the Town of Amherst Zoning Ordinance for an accessory structure floor area barn at 1275 New Road. Proof of publication of Notice of Hearing was received and ordered filed in the Town Clerk s office. Robert Stephens appeared and answered questions from the Board. Mr. Stephens stated that the pole barn would be used to store his four wheelers, tractor, enclosed trailers and boat. As no one else appeared in favor of or in opposition to the request, Mr. Wik moved and Mr. Plunkett seconded to close the hearing. The Zoning Board of Appeals deliberated on the application and a motion was made by Mr. Palumbo and seconded by Mr. Plunkett to grant the variance with the following conditions: 1. That the pole barn not be served by water or sewer. 2. It shall not be used to operate a business. 3. It shall not be used as a residential structure. APPEAL OF JESSICA EBERHARDT 36 MAPLELEAF DRIVE The next matter to come before the Board was an appeal taken by Jessica Eberhardt, 36 Mapleleaf Drive, Williamsville, NY requesting a variance to the Town of Amherst Zoning Ordinance for a side yard setback - addition at 36 Mapleleaf Drive. Proof of publication of Notice of Hearing was received and ordered 2

3 filed in the Town Clerk s office. Ryan Eberhardt appeared and answered questions from the Board. Mr. Eberhardt stated they want to extend the dining room 2.2 ft to accommodate a new hutch. As no one else appeared in favor of or in opposition to the request, Mr. Palumbo moved and Mr. Wik seconded to close the hearing. seconded by Mr. Palumbo to grant the variance. APPEAL OF ASI SIGNAGE INNOVATIONS 4410 MAIN STREET The next matter to come before the Board was an appeal taken by ASI Signage Innovations, c/o Karla Reyes, 2957 Alt Boulevard, Grand Island, NY requesting a variance to the Town of Amherst Zoning Ordinance for number of ground signs at 4410 Main Street. Proof of publication of Notice of Hearing was received and ordered filed in the Town Clerk s office. Karla Reyes appeared and answered questions from the Board. Ms. Reyes stated that they are looking to install four signs to identify the entrances of the apartment complex and the administrative office. As no one else appeared in favor of or in opposition to the request, Mr. Pollack moved and Mr. Wik seconded to close the hearing. The Zoning Board of Appeals deliberated on the application and a motion was made by Mr. Palumbo and seconded by Mr. Black to grant the variance with the following condition: 1. To allow the placing of one sign in front of the office and denying the placement of the second sign located at Main Street and Campus Drive. APPEAL OF DAMON MOREY LLP 170 TONAWANDA CREEK ROAD The next matter to come before the Board was an appeal taken by Damon Morey LLP, c/o Jeffery Palumbo, Esq., 9276 Main Street, Clarence, NY requesting variances to the Town of Amherst Zoning Ordinance for 1) off premises sign, 2) sign in public right of way and 3) non-permitted pole sign at 170 Tonawanda Creek Road. Proof of publication of Notice of Hearing was received and ordered filed in the Town Clerk s office. Attorneys Elizabeth Holmes and Jeff Palumbo appeared and answered questions from the Board. Ms. Holmes stated that the variances they are seeking is to relocate the previous pole sign after the applicant was required to remove the sign to allow for construction of a public road access for the recently approved Evergreen Subdivision. As no one else appeared in favor of or in opposition to the request, Mr. Black moved and Mr. Palumbo seconded to close the hearing. The Zoning Board of Appeals deliberated on the application and a motion was made by Mr. Black and seconded by Mr. Wik to grant the variances with the following condition: 1. The sign shall be installed as shown in the drawings presented to the Board. 3

4 APPEAL OF UPSTATE CELLULAR NETWORK d/b/a VERIZON WIRELESS MAIN STREET The next matter to come before the Board was an appeal taken by Upstate Cellular Network d/b/a Verizon Wireless, c/o Robert J. Brenner, Esq., 1100 Clinton Square, Rochester, NY requesting a special use permit to the Town of Amherst Zoning Ordinance for a wireless telecommunications facility (small cell) and 5 waivers at Main Street. Waiver to G(20) Certification that a topographic and geomorphologic study and analysis has been conducted, and that taking into account the subsurface and substrate, and the proposed drainage plan, that the site is adequate to assure the stability of the proposed Wireless Telecommunication Facilities on the proposed site. Waiver to M(1) A Zone of Visibility Map which shall be provided in order to determine locations from which the Wireless Telecommunication Facility may be seen. Waiver to AA The petitioner will provide a written copy of an analysis, completed by a qualified individual or organization, to determine if the tower or existing structure intended to support wireless facilities requires lighting under Federal Aviation Administration (FAA) Regulation Part 77. This requirement shall be for any new tower or for any existing structure or building where the application increases the height of the structure or building. If this analysis determines that the FAA must be contacted, then all filings with the FAA, all responses from the FAA and any related correspondence shall be provided in a timely manner. Waiver to E Visual screening, including but not limited to landscaping, walls and fences, shall be approved by the ZBA. The Town's landscape architect and consultant shall provide recommendations to the ZBA regarding visual screening. Waiver to 6-7-8B All antennae, towers and auxiliary structures shall be properly bonded and grounded to protect the facility and surrounding properties from lightning discharges. Proof of publication of Notice of Hearing was received and ordered filed in the Town Clerk s office. Attorney Robert Brenner appeared and answered questions from the Board. Mr. Brenner stated that the small cell wireless telecommunication facility would be installed on the roof of the Tony Walker Plaza to help satisfy the existing and emerging usage demand in the plaza and the surrounding area. As no one else appeared in favor of or in opposition to the request, Mr. Wik moved and Mr. Palumbo seconded to close the hearing. Mr. Plunkett reviewed and moved the negative declaration and Mr. Wik seconded it. seconded by Mr. Black to grant the special use permit and the 5 waivers. APPEAL OF 2675 MILLERSPORT HIGHWAY LLC 2665 MILLERSPORT HIGHWAY The next matter to come before the Board was an appeal taken by 2675 Millersport Highway LLC, c/o Sean Hopkins, Esq., 5500 Main Street, Suite 343, Williamsville, NY requesting variances to the Town of Amherst Zoning Ordinance for 1) minimum lot area, 2) side yard (south) and 3) minimum lot width at 2665 Millersport Highway. Proof of publication of Notice of Hearing was received and ordered filed in the Town Clerk s office. Attorney Sean Hopkins appeared and answered questions from the Board. Mr. Hopkins stated that due to errors on the original variance application the new variances are needed. As no one else appeared in favor of or in opposition to the request, Mr. Palumbo moved and Mr. Black seconded to close the hearing. Mr. Black reviewed and moved the negative declaration and Mr. Plunkett seconded it. seconded by Mr. Black to grant the variances. 4

5 APPEAL OF TYLER PROPERTIES LLC 71 KENMORE AVENUE The next matter to come before the Board was an appeal taken by Tyler Properties LLC, c/o Sean Hopkins, Esq., 5500 Main Street, Suite 343, Williamsville, NY requesting variances to the Town of Amherst Zoning Ordinance for 1) first floor dwelling unit and 2) number of required parking spaces at 71 Kenmore Avenue. Proof of publication of Notice of Hearing was received and ordered filed in the Town Clerk s office. Attorney Sean Hopkins appeared and answered questions from the Board. Mr. Hopkins stated that after last meeting they have modified the project. The changes include 8 attached residential units instead of the proposed 14 and eliminating the proposed 3 rd floor addition. Due to the smaller number of residential units, variance 2 is no longer needed. Joe Speth of 52 Windermere Boulevard, Ann Martin of 95 Kenmore Avenue and David Wadsworth of 60 Windermere Boulevard spoke. Their concerns were screening the garbage totes and rooftop mechanicals, preserving the neighborhood and it turning into student housing. As no one else appeared in favor of or in opposition to the request, Mr. Wik moved and Mr. Palumbo seconded to close the hearing. Mr. Plunkett reviewed and moved the negative declaration and Mr. Wik seconded it. seconded by Mr. Plunkett to grant the variance with the following conditions: 1. There shall be no lighting in the rear of the building on the east side except to the extent required by code to light the emergency exit. 2. There shall be no light standards on site. 3. That the dumpster and/or garbage totes be properly screened per the Zoning Code. 4. That any rooftop mechanicals be properly screened per the Zoning Code. 5. The landscaping plan to be reviewed and approved by the Town s Landscape Architect. Upon roll call the vote was: Mr. Plunkett, aye; Mr. Wik, aye; Mr. Black, no and Mr. Palumbo, aye. The motion was declared carried by a vote of ayes 3, noes 1. OTHER MATTERS REHEAR APPLICATION OF ISKALO DEVELOPMENT CORP & 6467 MAIN STREET The next matter the Board considered was that of a request from Iskalo Development Corp. to reconsider their denial of 1) vehicle use area side yard setback and 2) minimum landscaped buffer at 6461 & 6467 Main Street. Mr. Black made a motion to reconsider their denial and Mr. Plunkett seconded it. APPEAL OF RIDGE LEA HOTELS LLC 145 INNKEEPERS LANE The next matter to come before the Board was an appeal taken by Ridge Lea Hotels LLC, c/o Sean Hopkins, Esq., 5500 Main Street, Suite 343, Williamsville, NY requesting variances to the Town of Amherst Zoning Ordinance for 1) maximum length of dead end street and 2) vehicle use area front yard setback at 145 Innkeepers Lane. This application remains tabled. 5

6 A motion to adjourn was made by Mr. Black and seconded by Mr. Wik. By unanimous consent, the meeting concluded at 9:15 pm. March 17, 2015 Date Marjory Jaeger, Amherst Town Clerk The next meeting of the Zoning Board of Appeals is April 21,