**TOWN
OF GRAND ISLAND**
ZONING
BOARD OF APPEALS
MINUTES
April
1, 2010
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
March 19, 2010 were available to
those present.
NEW
BUSINESS:
1) 5218 East River
Road David Farmer
The
property is zoned R1C Single Family Residential District. The
Appellant appeared and stated that he is proposing to build a 9 x 23.5
covered patio on the front of his existing home.
The patio will be open on three (3) sides.
Per Section 49-27A and
Schedule 1 of the Zoning Code, the minimum allowable setback on East River Road
is 90 from the centerline. The
Appellant is requested a 7 8 front yard setback variance.
A motion was made by Harris/Mesmer to GRANT a 7 8 front yard setback variance for the construction
of an open, covered patio at the front of
5218 East River Road.
The porch will be open on three (3) sides and will remain that way.
Roll
Call:
Ayes:
Violanti, Fabiano, Harris, Mesmer and McKee
Noes:
None
Carried
Rationale: This
action is taken because:
1.
the requested variance will not create a detriment to nearby properties.
2.
this open type of porch is in keeping with other porches in the
neighborhood.
3.
there are no line of sight issues.
Page 2
04/01/10
2) 5225 East River
Road Gary Lewis
The
property is zoned R1C - Single Family Residential District.
The Appellant appeared and stated that he would like to tear down the
existing house which was built in the 1940s as a cottage and build a new home
on a new footprint. The home has been added onto three or four times.
He has concrete block construction and as he ages, would like a first
floor bedroom and bath. He would like to move the new home to have it closer to the
center of the lot. He is requesting
a 6 6 side yard setback variance. He
is planning on leaving the existing garage in front of the new home.
Per
Schedule 1 of the Zoning Code, the minimum allowable side yard setback is 12.
A motion was made by Violanti/Mesmer to GRANT a 6 6 side yard setback variance on the west side of the
property for the construction of a new home at 5225 East River Road.
Roll
Call:
Ayes:
Violanti, Fabiano, Harris, Mesmer and McKee
Noes:
None
Carried
Rationale: This
action is taken because:
1.
the requested variance will not create a detriment to nearby properties.
2.
the variance will be mitigating an existing non-conforming situation.
3.
the Board recognizes the unique situation.
3)
3013 Staley Road Bryant & Mary Pfalzer
The
property is zoned R1A Low Density Single Family Residential District.
The Appellant appeared and stated that she is proposing to build a 30
x 60 pole barn to be used as a horse barn.
She has one horse and plans to purchase another.
She said there will be no commercial use.
Per Section 49-36 of the
Zoning Code, the maximum allowable number of garage spaces is four (4);
therefore, the Appellant is requesting a 2 garage space variance.
A motion was made by Fabiano/Violanti to GRANT an additional two garage space variance, which is actually a
30 x 60 horse barn at 3013 Staley
Road.
Page 3
04/01/10
Roll
Call:
Ayes:
Violanti, Fabiano, Harris, Mesmer and McKee
Noes:
None
Carried
Rationale: This
action is taken because:
1.
the horse barn is for personal use, no commercial.
2.
of the size of the lot.
3.
the location of the barn on the lot.
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 withdrawn at the owners request.
4)
2065 East River Road Roger and Shirley Nye-
The Appellants 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. At the December 3rd 2009 ZBA meeting, after
careful review, the Board unanimously decided to DENY
the proposed settlement request. The
rationale was that the variance granted was for an open porch which has been
previously defined as one which has three (3) open sides.
Page 4
04/01/10
MINUTES:
A motion
made by Fabiano/Violanti to ACCEPT the
February 4, 2010 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, December 15, 2009, January 19,
2010, February 16, 2010
Planning
Board Agenda, February 8, 2010, March 8, 2010
Planning
Board Minutes, January 11, 2010, February 8, 2010
Town
Board Agenda,
Town
Board Minutes, January 19, 2010, February 1, 2010, March 1, 2010,
March 15, 2010
Adjournment: 7:20 p.m. on April 1, 2010