**TOWN OF GRAND ISLAND**
ZONING BOARD OF APPEALS
MINUTES
December 3, 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, Bill Shaw, Zoning Officers
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
November 20, 2009 were available to
those present.
NEW
BUSINESS:
1) 69 Jenell Drive
– James and Danielle Martin –
The
property is zoned R1E, the Appellant had received a building permit to demo a
sun room and re-construct same off the rear of their home.
The existing awning at the front of the home was damaged due to severe
weather and was replaced with a permanent roof and pillars.
During an inspection by the Building Department, the home owners were
informed that they would need to apply for a variance due to their insufficient
front yard setback.
The
Appellant stated that the new roof protrudes 1’ further into the front yard
than the prior existing awning. Rather
than dig up the existing concrete to place the support posts, the Appellant
placed them in front of the existing concrete pad. They will not enclose this open porch.
A motion was made by Violanti/Fabiano to GRANT an 11’ 4” front yard setback variance for the construction
of a roof over an existing concrete pad, resulting in an open porch at the front
of the home at 69 Jenell Drive.
Roll
Call:
Ayes:
Fabiano, Violanti, Harris, and McKee
Noes:
Mesmer
Carried
Rationale: This
action is taken because:
1.
the requested variance will not create a detriment to nearby properties.
2.
the structure will remain open on three (3) sides.
3.
the new roof is replacing a previously damaged awning
4.
it is an improvement to the home.
Page 2
12/03/09
2)
769 North Colony Road – Thomas Snyder –
The
property is zoned R1D, the Appellant is proposing the installation of a driveway
gate within a front yard fence with a center height of 4’.
Section 49-179D of the Zoning Code limits the height of front yard
fencing to 3’; therefore a 1’ height variance is requested.
Speaker in favor:
Ron
Gramza, 768 North Colony Road
A motion was made by Violanti/Fabiano to GRANT a 1’ height variance for the construction of a front yard
fence with a 4’ gate at the center at 769
North Colony 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 fence is open.
3.
the height is only in the center of the gate.
3)
763 North Colony Road – Thomas Snyder –
The
property is zoned R1D, the Appellant is proposing the installation of a driveway
gate within a front yard fence with a center height of 4’.
Section 49-179D of the Zoning Code limits the height of front yard
fencing to 3’; therefore a 1’ height variance is requested.
Speaker in favor:
Ron
Gramza, 768 North Colony Road
A motion was made by Fabiano/Mesmer to GRANT a 1’ height variance for the construction of a front yard
fence with a 4’ gate at the center at 763
North Colony Road.
Roll
Call:
Ayes:
Fabiano, Violanti, Harris, McKee, and Mesmer
Noes:
None
Carried
Page 3
12/03/09
Rationale: This
action is taken because:
1.
the requested variance will not create a detriment to nearby properties.
2.
the fence is open.
3.
the height is only in the center of the gate.
4)
811 North Colony Road – James C. Driskel-
Appearing was the Appellant
who stated that he came into the Zoning Department this past July and received a
location permit for the 8’ x 10’ shed.
During construction of the shed, the Building Inspector, Doug Learman,
issued a ‘Stop Work’ order because the majority of the shed was being built
on a creek bank, and there was not sufficient side yard setback.
On the location permit,
signed by the Appellant, it clearly indicates that the shed was to be built
totally inside the Appellant’s property.
It does not show any portion of the shed outside of the property line.
However, as it currently stands, only 6” of the shed is on the
Appellant’s property. The
Appellant stated that his deed indicates that he has use of the creek.
Several Board members stated that while he may have use of the creek, he
certainly does not own the creek, therefore, there is no way they could issue a
variance for the Appellant to construct a shed on property he doesn’t own.
Speaker
in favor:
Maria Saskowski, 817 North
Colony Road (via telephone)
Herman Black, 804 North
Colony Road
Speaker
in opposition:
Raymond Gress, 810 Colony
(via email)
A motion was made by Fabiano/Violanti to DENY a variance for the construction of an 8’ x 10’ shed with
less side yard setback than required at the side of 811 North Colony Road.
Roll
Call:
Ayes:
Fabiano, Violanti, Harris, McKee, and Mesmer
Noes:
None
Carried
Rationale: This
action is taken because:
1.
the shed was being built on property the Appellant didn’t own.
2.
the situation is self-created.
3.
the shed was being built on property owned by the Town of Grand
Island.
Page 4
12/03/09
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.
4)
2065 East River Road – Roger and Shirley Nye-
The Appellant’s attorney
emailed a proposed settlement agreement to the Zoning Board of Appeals members
for their review. The Board members
reviewed the proposed settlement and discussed same. After careful review:
A motion
was made by Mesmer/Violanti to instruct the Town of Grand Island Attorney to DENY the proposed settlement request.
Roll
Call:
Ayes: Harris, Fabiano,
Violanti, McKee, and Mesmer
Noes:
None
Carried
Rationale: This
action is taken because:
1. The variance
granted was for an open porch which has three (3) open sides.
CORRESPONDENCE:
Edmond
A. Conlan and family-
Letter received in opposition to rezoning of 551 Ransom Road – The
Sheridan-Transit Rod and Gun Club.
Page 5
12/03/09
Memo
from William Shaw, Zoning Officer-
2010 Application Deadline and Meeting Dates
A motion
was made by Violanti/Harris to ADOPT
the schedule as submitted.
Roll
Call:
Ayes: Harris, Fabiano,
Violanti, McKee, and Mesmer
Noes:
None
Carried
MINUTES:
A motion
made by Fabiano/Mesmer to ACCEPT the
November 5, 2009 minutes as
corrected.
Roll
Call:
Ayes: Harris, Fabiano,
Violanti, McKee, and Mesmer
Noes:
None
Carried
OTHER
MINUTES RECEIVED AND FILED:
Board
of Architectural Review Minutes,
Planning
Board Agenda, November 9, 2009
Planning
Board Minutes, September 14, 2009, October 13, 2009
Town
Board Agenda,
Town
Board Minutes, November 2, 2009, November 16, 2009
Adjournment: 7:45 p.m. on December 3, 2009