FINAL

MINUTES

October 1, 2009

MEMBERS PRESENT: Marion Fabiano, Betty Harris, Dario Violanti, Peter McKee, Chairman, Bob Mesmer and Alternate member, Tim Phillips

MEMBERS ABSENT: None

OTHERS PRESENT: None

Chairman, Peter McKee opened the meeting at 7:00 p.m. He introduced the members of the Zoning Board of Appeals and explained the process. Copies of the Legal Notice of Appeal to be heard at this meeting published in the Island Dispatch on September 18, 2009 were available to those present.

NEW BUSINESS:

1) 1625 Towerwood – Dayton Fancher – Property is zoned R1D. Proposed is the construction of a roof over an existing porch. Per Schedule 1 of the Zoning Code, the minimum allowable front yard setback is 30’, the Appellant currently has a 30.10’ front yard setback and is proposing to come out 5.1’, therefore, he is requesting a 5’ front yard setback variance.

Appearing was the Appellant stating that he wishes to build the roof over the existing open porch for protection from the weather and to look more like surrounding homes.

A motion was made by Violanti/ Mesmer to GRANT a 5’ front yard setback variance for the construction of a roof over an existing open porch at the front of 1625 Towerwood.

Roll Call:

Ayes: Fabiano, Violanti, Harris, McKee, and Mesmer

Noes: None

Carried

Rationale: This action is taken because:

1. the requested variance will not create a detriment to nearby properties.

Page 2

10/01/09

OLD BUSINESS:

1) West River Road – Nixon Peabody LLP – Proposed telecommunication tower on Russell & Patricia Colosi’s property on West River Road. Zoning Code 49-196C states that the setback for a telecommunication tower is 500’ from a residential dwelling. The proposed tower will be approximately 442’ from the Colosi residence; therefore a 58’ setback variance is requested. Remains tabled pending receipt of the SEQR report from the Town Board.

2) 2770 Long Road – Verizon Wireless – Property is zoned M1. Proposed is a telecommunication facility. Per Zoning Code Section 49-196C, there should be a 500’ setback for the fall down area. Tem remains tabled pending receipt of the SEQR report from the Town Board.

3) 2255 Grand Island Boulevard – Michael Jordan of Redtek Development - Property is zoned R3, B1, and R1D. Proposed is the construction of a Senior Housing Complex with building walls greater than 160’ in length. Per Schedule 1 of the Zoning Code, the maximum allowable building length is 160’. The item was tabled indefinitely at the owner’s request.

CORRESPONDENCE:

-Mr. & Mrs. Joseph D’Ingillo – letter

MINUTES:

A motion made by Fabiano/Violanti to ACCEPT the September 3, 2009 minutes as written.

Roll Call:

Ayes: Harris, Fabiano, Violanti, McKee, and Mesmer

Noes: None

Carried

OTHER MINUTES RECEIVED AND FILED:

Board of Architectural Review Minutes, July 21, 2009

Planning Board Agenda,

Planning Board Minutes,

Town Board Agenda,

Town Board Minutes,

Adjournment: 8:00 p.m. on October 1, 2009

Jacqueline McGinty, Recording Secretary prepared the minutes.