**TOWN OF GRAND ISLAND**
ZONING BOARD OF APPEALS
MINUTES
November 5, 2009
MEMBERS
PRESENT:
Marion Fabiano, Betty Harris, Dario Violanti, Peter McKee, Chairman, Bob
Mesmer and Alternate member, Tim Phillips
MEMBERS ABSENT:
None
OTHERS PRESENT:
Dan
Linenfelser, Zoning Officer
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) 2560 East River
Road Duncan Smith
The
property is zoned R1C, the Appellant received a 49.5 front yard setback
variance at the June 4, 2009 ZBA meeting. It
was then discovered that the Appellant had constructed a 15 x 30 x 8
high pergola. Per Section 49-27C of
the Zoning Code, the maximum height on riverside lots is 4.
Therefore, the Appellant is now requesting a 4 height variance.
ZBA
member Fabiano stated that if the Appellant had requested this variance prior to
construction, it wouldnt have been granted. However, ZBA member Violanti stated that in his visit to the
site, he observed that the pergola is below grade.
Speaker in favor:
Frank
DelSignore, 2500 East River Road
Mr.
DelSignore is also on tonights agenda for a height variance on a waterside
lot for the construction of a pergola.
A motion was made by Fabiano / Violanti to GRANT a 4 height variance for the construction of an 8 pergola
on the waterside lot at 2560 East River
Road.
Roll
Call:
Ayes:
Fabiano, Violanti, Harris, McKee, and Mesmer
Noes:
None
Carried
Page 2
11/05/09
Rationale: This
action is taken because:
1.
the requested variance will not create a detriment to nearby properties.
2.
the pergola is below grade and cannot be seen from the road.
2)
2500 East River Road Frank DelSignore
The
property is zoned R1C, the Appellant received a 33 ½ front yard setback
variance at the January 4, 2007 ZBA meeting.
It was then discovered that the Appellant had also constructed a 12 x
14 x 8 6 high pergola. Per
Section 49-27C of the Zoning Code, the maximum height on riverside lots is 4.
Therefore, the Appellant is now requesting a 4 6 height variance.
Speaker in favor:
Duncan
Smith, 2560 East River Road
Mr.
Smith is also on tonights agenda for a height variance on a waterside lot for
the construction of a pergola.
A motion was made by Fabiano / Violanti to GRANT a 4 6 height variance for the construction of an 8
pergola on the waterside lot at 2500 East
River Road.
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.
2.
the pergola is below grade and cannot be seen from the road.
2095
Baseline Road Thomas C. Lepenven, D.M.D.
The property is zoned TCMU.
Appearing on behalf of the Appellant is Dennis Wilcox, of the Wilcox Sign
Company. Dr. Lepenven is requesting
to construct a new sign which has an overall measurement of 8 x 12.
The actual area of the sign is 50 square feet.
The present sign is 6 x 4. The
requested variance is for 2 additional height and 6 additional length.
Mr. Wilcox indicated that the new sign is needed for greater visibility
and will be light up at night.
The ZBA members felt that
the new Design and Performance Standards should be followed and a sign which is
6 x 6 is large enough for visibility.
This is a self created situation and there is no hardship here.
Page 3
11/05/09
A motion was made by Fabiano / Mesmer to DENY an additional 2 height and an additional 6 length
variance for the construction of an 8 x 12 sign at the front of 2095 Baseline Road.
Roll
Call:
Ayes:
Fabiano, Violanti, Harris, McKee, and Mesmer
Noes:
None
Carried
Rationale: This
action is taken because:
1.
the alleged difficulty was self created.
2.
it is very easy to comply with the Design and Performance Standards.
3.
there is no hardship.
OLD
BUSINESS:
1)
West River Road Nixon Peabody LLP
Proposed telecommunication tower on Russell & Patricia Colosis
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 owners request.
CORRESPONDENCE:
Memo
from County of Erie Department of Environment and Planning
Email
from Dan Spitzer, Town Attorney Genser v Board of Zoning & Appeals of Town
of Hempstead (2009 NY Slip Op 06548).htm
Page 4
11/05/09
A motion
was made by McKee/Violanti to enter into Executive Session at 7:50 p.m. for the
purpose of obtaining legal advice from the Town Attorney regarding the Nye
lawsuit.
Roll
Call:
Ayes: Harris, Fabiano,
Violanti, McKee, and Mesmer
Noes:
None
Carried
A motion
was made by McKee/Violanti to return to the regular Zoning Board of Appeals
meeting at 7:56 p.m.
Roll
Call:
Ayes: Harris, Fabiano,
Violanti, McKee, and Mesmer
Noes:
None
Carried
MINUTES:
A motion
made by Fabiano/Violanti to ACCEPT the
October 1, 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, September 15, 2009
Planning
Board Agenda,
Planning
Board Minutes,
Town
Board Agenda, Sept. 21, 2009, Oct. 5, 2009, Oct. 19, 2009
Town
Board Minutes, Sept. 8, 2009
Adjournment: 8:00 p.m. on November 5, 2009
Jacqueline McGinty, Recording Secretary prepared the minutes.