ZONING BOARD OF APPEALS APRIL 15, 2008 - Town of Amherst

ZONING BOARD OF APPEALS APRIL 15, 2008
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Minutes of the meeting of the Zoning Board of Appeals of the Town of Amherst held in the Amherst Municipal
Building, 5583 Main Street, Williamsville, New York, on Tuesday, February 19, 2008, at 7:00 P.M.
The meeting was called to order by Joseph A. Speth, Chairman
Members present:
Duncan Black
Colleen Bogdan
Dale M. Hudson
Betty Croglio
There were also present:
F. Robert Danni, P.E., Assistant Building Commissioner
Mary E. Wik, Deputy Town Clerk
A motion was made by Ms. Hudson and seconded by Mr. Speth to approve the minutes from the Zoning
Board of Appeals Meeting held on March 18, 2008. Upon roll call – Speth, aye; Bogdan, aye; Black, aye;
Hudson, aye; Croglio, aye. The motion was declared carried by a vote of ayes 5, noes 0.
APPEAL OF AVERAGE JOE’S – 2350 SWEET HOME ROAD
The first matter to come before the Board was an appeal taken by Average Joe’s, c/o Hopkins, Garas &
Sorgi, PLLC, Sean W. Hopkins, Esq., 5500 Main Street, Suite 311, Williamsville, NY 14221, requesting
renewal of A) a temporary use permit under the Town of Amherst Zoning Ordinance for an outdoor dining
facility; and B) a temporary use permit under the Town of Amherst Zoning Ordinance for off-street parking in
SA zoned district, at 2350 Sweet Home Road. Proof of publication of Notice of Hearing was received and
ordered filed in the Town Clerk’s office. Sean W. Hopkins, Esq. appeared and answered questions from the
Board. Chris DeBernardis, one of the three owners of Average Joe’s appeared and answered questions
from the Board. As no one else appeared in favor of or in opposition to the request, Mr. Speth declared the
hearing closed.
Following a discussion - a motion was made by Ms. Croglio and seconded by Ms. Hudson to grant both
temporary use permits for a period of two (2) years at which time they must be renewed with the following
conditions applying to the outdoor dining area: (1) access shall be gained to the patio from inside the
building only; (2) no music; (3) no bar facilities; (4) no food preparation facilities; (5) provisions for sit down
table service only; (6) no additional lighting beyond that which exists; and (7) a violation of any condition will
result in immediate termination of the temporary use permit . Upon roll call – Speth, aye; Bogdan, aye;
Black, aye; Croglio, aye; Hudson - aye. The motion was declared carried by a vote of ayes 5, noes 0.
APPEAL OF TIMOTHY WARING – 154 CHASEWOOD LANE
The next matter to come before the Board was an appeal taken by Timothy Waring, 154 Chasewood Lane,
East Amherst, NY 14051, requesting renewal of A.) a special use permit under the Town of Amherst Zoning
Ordinance for an auxiliary housing unit; and B.) a variance to the Town of Amherst Zoning Ordinance for
auxiliary housing unit, floor area, at 154 Chasewood Lane. Proof of publication of Notice of Hearing was
received and ordered filed in the Town Clerk’s office. Ron Matre appeared representing Timothy Waring
and answered questions from the Board. As no one appeared in favor of or in opposition to the request,
Mr. Speth declared the hearing closed.
Following a discussion - a motion was made by Ms. Hudson and seconded by Ms. Bogdan to grant the
variance and the special use permit for two (2) years at which time it must be renewed with a condition that
when the unit is vacated by the person(s) eligible for the permit, the space be reinstated as part of the single
family residence with no second living quarters. Upon roll call – Speth, aye; Bogdan, aye; Black, aye;
Hudson, aye; Croglio, aye. The motion was declared carried by a vote of ayes 5, noes 0.
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ZONING BOARD OF APPEALS APRIL 15, 2008
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APPEAL OF GERALD A. JUREK, ETAL – 9170 TRANSIT ROAD
The next matter to come before the Board was an appeal taken by Gerald A. Jurek, etal, 9170 Transit Road,
Amherst, NY 14051, requesting a temporary use permit under the Town of Amherst Zoning Ordinance for
non-permitted use – furniture and mattress sales, service and storage, at 9170 Transit Road. Proof of
publication of Notice of Hearing was received and ordered filed in the Town Clerk’s office. Jeffery D.
Palumbo, Esq. appeared and answered questions from the Board. Thomas Stuart, 52 Hidden Pines Court,
appeared expressing concern regarding the residences in the back side of the property. As no one else
spoke in favor of or in opposition to the request, Mr. Speth declared the hearing closed.
Following a discussion - a motion was made by Mr. Black and seconded by Mr. Speth to grant the temporary
use permit for two (2) years, at which time it must be renewed. The Board granted the permit subject to
cleaning up the rear of the property and complying with all property maintenance codes of the Town of
Amherst. Upon roll call – Speth, aye; Bogdan, aye; Black, aye; Hudson, aye; Croglio, aye. The motion was
declared carried by a vote of ayes 5, noes 0.
APPEAL OF 2251 WEHRLE DRIVE, LLC – 2251 WEHRLE DRIVE
The next matter to come before the Board was an appeal taken by 2251 Wehrle Drive, LLC, c/o Hopkins,
Garas & Sorgi, PPLC, Sean W. Hopkins, Esq., 5500 Main Street, Suite 311, Williamsville, NY 14221,
requesting a temporary use permit under the Town of Amherst Zoning Ordinance for non-permitted use –
truck and trailer maintenance, repair and detailing, at 2251 Wehrle Drive. Proof of publication of Notice of
Hearing was received and ordered filed in the Town Clerk’s office. A letter dated April 15, 2008, with
attachments, was submitted to the Zoning Board Members just prior to the start of the meeting by Sean W.
Hopkins, Esq. Sean W. Hopkins, Esq., appeared, submitted an aerial view of the site, and answered
questions from the Board. Jeffrey D. Schwartz appeared and answered questions from the Board. As no
one else appeared in favor of or in opposition to the request, Mr. Speth declared the hearing closed.
Following a discussion - a motion was made by Ms. Croglio and seconded by Mr. Black to grant the
temporary use permit for a period of two years, at which time it must be renewed with the condition that the
maximum idling time of any truck shall be no longer than 10 minutes.. Upon roll call – Speth, aye; Bogdan,
aye; Black; aye; Hudson, aye; Croglio, aye;. The motion was declared carried by a vote of ayes 5, noes 0.
APPEAL OF DENT TOWER/KEY BANK – 3980 SHERIDAN DRIVE
The next matter to come before the Board was an appeal taken by Dent Tower/Key Bank, c/o Hopkins,
Garas & Sorgi, PLLC, Sean W. Hopkins, Esq., 5500 Main Street, Suite 311, Williamsville, NY 14221,
requesting a variance to the Town of Amherst Zoning Ordinance for number of off-street parking spaces, at
3980 Sheridan Drive. Proof of publication of Notice of Hearing was received and ordered filed in the Town
Clerk’s office. Sean Hopkins, Esq.,appeared, submitted diagrams, and answered questions from the Board.
John Yurtchuk, Member – Sheridan Equity Partners II, LLC, appeared and answered questions from the
Board. As no one else appeared in favor of or in opposition to the request, Mr. Speth declared the hearing
closed.
Following a discussion - a motion was made by Mr. Black and seconded by Ms. Bogdan to accept the
Negative Declaration. Upon roll call – Speth, aye; Bogdan, aye; Black, aye; Hudson, aye; Croglio, aye.
The motion was declared carried by a vote of ayes 5, noes 0. A motion was made by Ms. Hudson and
seconded by Mr. Speth to grant the variance. Upon roll call – Speth, aye; Bogdan, aye; Black, aye; Hudson,
aye; Croglio, aye. The motion was declared carried by a vote of ayes 5, noes 0.
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ZONING BOARD OF APPEALS APRIL 15, 2008
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APPEAL OF MEDAILLE COLLEGE – 30 & 34 WILSON ROAD
The next matter to come before the Board was an appeal taken by Medaille College, c/o Hopkins, Garas &
Sorgi, PLLC, Sean W. Hopkins, Esq., 5500 Main Street, Suite 311, Williamsville ,NY 14221, requesting a
variance to the Town of Amherst Zoning Ordinance for (a) second ground sign not permitted; (b) ground sign
height; and (c) ground sign face area, at 30 & 34 Wilson Road. Proof of publication of Notice of Hearing was
received and ordered filed in the Town Clerk’s office. Sean W. Hopkins, Esq. appeared, submitted an aerial
view, and answered questions from the Board. George Lorenz, 54 Wilson Road, appeared and expressed
concern regarding placement of the sign and completion of a berm. As no one else appeared in favor of or
in opposition to the request, Mr. Speth declared the hearing closed.
Following a discussion – a motion was made by Ms. Hudson and seconded by Ms. Bogdan to grant the
request with the following conditions: (1) approval by the New York Sate Thruway Authority; and (2) subject
to screening along the north side of the sign with a row of evergreens, a minimum of 8’ high, commencing
25’ east of the sign and continuing westerly, a minimum of 25’ west of the sign . Upon roll call – Speth, aye;
Bogdan, aye; Black, aye; Hudson, aye; Croglio, no. The motion was declared carried by a vote of ayes 4,
noes 1.
APPEAL OF GUISEPPE VACCARO – 1505 MAPLE ROAD
The next matter to come before the Board was an appeal taken by Guiseppe Vaccaro, 1505 Maple Road,
Williamsville, NY 14221, requesting renewal of a special use permit under the Town of Amherst Zoning
Ordinance for auxiliary housing unit, at 1505 Maple Road. Proof of publication of Notice of Hearing was
received and ordered filed in the Town Clerk’s office. Jack Falsone, Esq., appeared and answered
questions from the Board. Guiseppe Vaccaro appeared and answered questions from the Board. Dolores
Vaccaro-Keller appeared and answered questions from the Board. Zoning Board of Appeals Member
Colleen Bogdan submitted several pieces of documentation reflecting that Lance Orton was utilizing the
address of 1513 Maple Road as his address for business purposes. As no one else appeared in favor of or
in opposition to the request, Mr. Speth declared the hearing closed.
Following a discussion - a motion was made by Mr. Speth and seconded by Mr. Black to deny the request.
The Board denied the request because they found the application to be defective and testimony disclosed
that the person for whom the permit was issued is deceased and, therefore, the residence is no longer
eligible for a special use permit. Upon roll call – Speth, aye; Bogdan, aye; Black, aye; Hudson, aye; Croglio,
aye. The motion was declared carried by a vote of ayes 5, noes 0.
APPEAL OF GUISEPPE VACCARO – 1513 MAPLE ROAD
The next matter to come before the Board was an appeal taken by Guiseppe Vaccaro, c/o G. Jack Falsone,
484 Delaware Avenue, Buffalo, NY 14202, requesting a variance to the Town of Amherst Zoning Ordinance
for non-permitted use – second dwelling unit in R3 district, at 1513 Maple Road. Proof of publication of
Notice of Hearing was received and ordered filed in the Town Clerk’s office. Jack Falsone, Esq., appeared
and answered questions from the Board. Guiseppe Vaccaro appeared and answered questions from the
Board. Dolores Vaccaro-Keller appeared and answered questions from the Board. Zoning Board of
Appeals Member Colleen Bogdan submitted several pieces of documentation reflecting that Lance Orton
was utilizing the address of 1513 Maple Road as his address for business purposes. As no one else
appeared in favor of or in opposition to the request, Mr. Speth declared the hearing closed.
Following a discussion - a motion was made by Mr. Speth and seconded by Mr. Black to deny the request.
The Board denied the request because they found the application to be defective and no valid grounds for a
variance were established. Upon roll call – Speth, aye; Bogdan, aye; Black, aye; Hudson, aye; Croglio, aye.
The motion was declared carried by a vote of ayes 5, noes 0.
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ZONING BOARD OF APPEALS APRIL 15, 2008
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APPEAL OF POMEROY LANE CONDOMINIUM – 3901 MAIN STREET
The next matter to come before the Board was an appeal taken by Pomeroy lane Condominium, c/o Bill
Basil, Post Office Box 2121, Williamsville, NY 14231, requesting a variance to the Town of Amherst Zoning
Ordinance for off-street parking side yard, at 3901 Main Street. Proof of publication of Notice of Hearing
was received and ordered filed in the Town Clerk’s office. Bill Basil appeared and answered questions from
the Board. Jim Collins, Jr., a tcontractor, appeared on behalf of the applicant. Jason Smith, 3901 Main
Strreet, appeared on behalf of Pomeroy Lane Condominium. J. Michael Lennon, Esq., from Blair and
Roach, LLP, appeared representing Robert S. LaMantia, M.D. of 3911 Main Street, submitted a letter dated
April 15, 2008, and photographs, and answered questions from the Board. Robert S. LaMantia, M. D., 3911
Main Street, appeared in opposition to the request. As no one else appeared in favor of or in opposition to
the request, Mr. Speth declared the hearing closed.
Following a discussion - a motion was made by Mr. Speth and seconded by Ms. Croglio to deny the request.
The Board denied the request because granting the variance will be detrimental to adjacent properties.
Upon roll call – Speth, aye; Bogdan, aye; Black, aye; Hudson, no; Croglio, aye. The motion was declared
carried by a vote of ayes 4, noes 1.
APPEAL OF RONALD GERSTER – 10 RUSKIN ROAD
The next matter to come before the Board was an appeal taken by Ronald Gerster, c/o Michael Montante,
2205 Kenmore Avenue, Suite 110, Buffalo, NY 14207, requesting a variance to the Town of Amherst Zoning
Ordinance for accessory structure side yard, at 10 Ruskin Road. Proof of publication of Notice of Hearing
was received and ordered filed in the Town Clerk’s office. Michael Montante appeared and answered
questions from the Board. As no one else appeared in favor of or in opposition to the request, Mr. Speth
declared the hearing closed.
Following a discussion - a motion was made by Mr. Black and seconded by Mr. Speth to grant the request.
The Board granted the request with the condition that the code required exterior fire resistance rated wall be
constructed. Upon roll call – Speth, aye; Bogdan, aye; Black, aye; Hudson, aye; Croglio, aye. The motion
was declared carried by a vote of ayes 5, noes 0.
OTHER MATTERS
Appeal of Antonino Mannone – 413 Darwin Drive
The next matter to come before the Board was a request for a rehearing from Antonino Mannone, 413
Darwin Drive, Snyder, NY 14226, requesting a variance to the Town of Amherst Zoning Ordinance for side
yard, at 413 Darwin Drive. At the March 20, 2007, meeting the Zoning Board of Appeals denied the request.
Following a discussion - a motion was made by Mr. Black and seconded by Mr. Speth to place under “Other
Matters” to consider the request at the May 20, 2008, Zoning Board of Appeals Meeting. It was determined
that the deadline date for compliance will be extended accordingly. Upon roll call – Speth, aye; Bogdan,
aye; Black, aye; Hudson, aye; Croglio, aye. The motion was declared carried by a vote of ayes 5, noes 0.
April 17, 2008
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Date
______________________________
Susan K. Jaros, Amherst Town Clerk
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ZONING BOARD OF APPEALS APRIL 15, 2008
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