PRESENT: John Spooner, Chairman John Pagliaccio Mary (Molly) Flynn Bruce Mitchell Michael (Mike) Croft At a meeting of the Zoning Board of Appeals of the Village of East Aurora, New York, held at the Village Hall, East Aurora, New York on the 15 th day of August, 2013 Absent: Mike Campanella, Vice Chairman ALSO PRESENT: William Kramer, Code Enforcement Officer Wendy Potter-Behling, Secretary Henry Wilson, 172 Green Street East Aurora NY 14052 Clark Crook, 567 Vermont Hill Rd South Wales NY 14039 Greg Schneider, Aurora Architect, 1051 Olean Rd East Aurora NY 14052 Alyson & Dan Giacomini, 372 Willardshire Rd East Aurora NY 14052 Brian Schofield 6738 East Creek Road South Wales, NY 14139 Robert and Ann Heyden 517 Fillmore Avenue East Aurora, NY 14052 Michelle & Bobby Iwankow, 511 Fillmore Ave East Aurora NY 14052 Pamela & Chris Sieracki, 505 Fillmore Ave East Aurora NY 14052 John Spooner called the meeting into order at 6:05 PM. Bruce Mitchell will be a voting member tonight. Spooner introduced (5) members of the Zoning Board of Appeals, which constitutes a quorum. John Pagliaccio made a motion to accept the minutes as written from July 18, 2013 with the following corrections: Bruce Mitchell says it seems Brian has made attempts for a solution but not to the satisfaction of the neighbors and questioned whether he s looked into reflective lighting non reflective surfaces. The motion to accept the minutes was seconded by Bruce Mitchell with the vote as follows: John Spooner Yea Mike Croft Yea Bruce Mitchell Yea John Pagliaccio Yea Molly Flynn Yea IN THE MATTER OF THE APPLICATION OF Henry Wilson (Cave) Side yard setback at 172 Green Street East Aurora, NY 14052 1
Chairman, John Spooner asked Code Enforcement Officer, William Kramer to read aloud the following: 1. The denial letter from the Code Enforcement Officer dated August 1, 2013 stating that the addition for 172 Green Street was denied due to failure to meet the requirements as stated in East Aurora Village Code Section 285-17D(2) which requires a side yard setback of 10. Applicant is seeking a 4.2 side yard setback. The denial letter to be made part of the record. 2. The letter of appeal dated July 31, 2013 from Henry Wilson listing the grounds for the variance request. The appeal letter to be made part of the record. 3. The letter from Sheila Green, 178 Green, in agreement with the project. The letter to be made part of the record. Chairman, Spooner asked if there were any other communications received on the matter. Code Enforcement Officer Bill Kramer replied that no other communications had been received. Henry Wilson showed pictures of the property and proceeded to present the following information: The concrete deck is to be removed for addition to be added on. One side of the property is a driveway so they have to make up the balance for the total side yard requirements. The western fence shown in the pictures will be removed and the front wall of the addition will be in the same place. His driveway is shared and the homes were built in 1925. He stated the owners that share a driveway with him do not object In-ground pool will remain French doors will be on the east side towards the pool. The addition cannot be moved anymore to the west because of 2 bedroom & 1 bathroom window on the existing house He described the layout having a laundry room and a master bed/bathroom. He currently does not have 1 st floor laundry The addition is going off of a hip roof and will tie into it which is dropped down 1 from the current roof line Chairman, Spooner asked if there were any further questions or testimony. There being no further testimony, or questions from the members of the Zoning Board of Appeals, Chairman, John Spooner closed the hearing at 6:20 PM for deliberations and findings. Chairman, Spooner called the meeting back into order at 6:33 PM and read the following findings for Henry Wilson for William Reuter at 172 Green Street: 1. 172 Green Street is in an R district. 2. Residence was built in approximately 1925 with addition in 1935. 2
3. Lot is non-conforming as to area. 10,500 square feet required. This lot is 8640 square feet existing. 4. There is an existing in-ground pool in the NE corner of the lot that abuts the north side of the residence with a concrete pad around the pool. 5. The neighbor to the north & south who are in favor of this addition. 6. There is no other location on the lot that is economically feasible to build this addition. 7. Moving the addition to the front (west) of the lot will block the windows to existing bedroom. 8. The proposed variance is the minimum variance which will prevent the practical difficulty herein without violating the spirit and intent of the Zoning Code. 9. This is a Type II action under SEQR. Molly Flynn made a motion to accept the proposed findings and to GRANT the variance request for a 5.8 side yard setback. The motion was seconded by Bruce Mitchell with the vote as follows: John Spooner Yea Mike Croft Yea Bruce Mitchell Yea Molly Flynn Yea John Pagliaccio Yea A motion was made by Mike Croft to close this session at 6:35 PM seconded by John Pagliaccio with a unanimous vote to follow. IN THE MATTER OF THE APPLICATION OF Clark Crook of 185 Mainea LLC Rear Yard Setback at 189 Main Street East Aurora, NY 14052 John Spooner called the meeting back into order at 6:37 PM and introduced (5) members of the Zoning Board of Appeals, which constitutes a quorum. Chairman, John Spooner asked Code Enforcement Officer, William Kramer to read aloud the following: 1. The denial letter from the Code Enforcement Officer dated July 22, 2013 stating that the demolition and reconstruction for 189 Main Street was denied due to failure to meet the requirements as stated in East Aurora Village Code Section 285-21E(2)(c) which requires a rear yard setback of 10. Applicant is seeking a 6 rear yard setback. The denial letter to be made part of the record. 2. The letter of appeal dated July 29, 2013 from Greg Schneider aaf Clark & Katie Crook listing the grounds for the variance request. Bill Kramer noted property is in C-M district 3
because letter lists property as R-C district incorrectly. The appeal letter to be made part of the record. Chairman, Spooner asked if there were any other communications received on the matter. Code Enforcement Officer Bill Kramer replied that no other communications had been received. Clark Crook presented a picture showing the back portion of the building and proceeded to present the following additional information to the Zoning Board of Appeals: He referred to the picture noting that there may not be a footer and there is separations in the brick. His plan is for a complete restoration to the historic brick like on the front of the building He plans to use a classic brick look. The block building in the rear will be reconstructed. John Spooner asked why the building could not be shortened to be in compliance. Clark answers that the proposed use will utilize every square inch, part of the original foot print has been taken away because of loading and there is not a lot of room to be given up and there is not room on either side because the building is basically on the property line. The ramp will be cut out of building for handicap use. The Village of East Aurora leased parking lot is to the rear. Clark does not know when the block building was added on and Bill Kramer states, per TOA assessors, it was added in 1951. There was no code at that time to regulate the setbacks. Greg stated the roof at the back will be flat for about 8 and is lower than the current roof line. The current power line will have better clearance than it does now. Metal roof will slope away from front of building. The storm water (drain) is in back and they are trying not to shed it onto alleyways. Roof over ramp will protect it from the weather. Chairman, Spooner asked if there were any further questions or testimony. There being no further testimony, or questions from the members of the Zoning Board of Appeals, Chairman, John Spooner closed the hearing at 6:46 PM for deliberations and findings. Chairman Spooner called the meeting back into order at 6:53 PM and read the following findings for Clark Crook, 185 Mainea LLC at 189 Main Street: 1. 189 Main Street is in a CM district. 2. Original building was erected in approximately 1909. The block addition in the rear of the existing building was built in 1951. 3. Presently the rear of the building abuts a municipal parking lot with a 4 rear yard setback. 4. The existing building has many cracks in the concrete blocks and is in general disrepair. 5. The existing portion of the rear of the existing building approximately 54 X 24 is being demolished. 6. The request is to build a new structure on the same footprint as the existing building with the rear yard setback to remain the same 4 feet. 4
7. Reconstruction will improve drainage. 8. Reconstruction will not change the character of the neighborhood. 9. There were no objections from the 21 neighbors notified of this variance request. 10. The proposed variance is the minimum variance which will prevent the practical difficulty herein without violating the spirit and intent of the zoning code. 11. This is a Type II action under SEQR. Bruce Mitchell made a motion to accept the proposed findings and to GRANT the variance request for a 5.8 side yard setback. The motion was seconded by Mike Croft with the vote as follows: John Spooner Yea Mike Croft Yea Bruce Mitchell Yea Molly Flynn Yea John Pagliaccio Yea A motion was made by John Pagliaccio to close this session at 6:56 PM seconded by Molly Flynn with a unanimous vote to follow. IN THE MATTER OF THE APPLICATION OF Brian Schofield of Bruce s Automotive Lighting variance at 518 Main Street East Aurora, NY 14052 Chairman, John Spooner called the meeting, which had been tabled from July 18, 2013, back into order at 7:02 PM and introduced (5) members of the Zoning Board of Appeals, which constitutes a quorum. Mike Campanella joined the meeting after members were announced. Mr. Campanella was not present at beginning of meeting. Chairman Spooner stated that Bruce Mitchell had been seated to fill Mr. Campanella s vacancy. Chairman, Spooner asked Bill Kramer if there were any further communications received on the matter. 1. The letter dated July 21, 2013 from George Hezel, Attorney for Petitioner, to summarize this ZBA case thus far. The appeal letter to be made part of the record. 2. The e-mail dated July 20, 2013 from Brian Schofield, Bruce s Automotive, to summarize this ZBA case thus far. The appeal letter to be made part of the record. 3. The letter of appeal dated August 8, 2013 from Timothy & Christine Burke, opposing this request. The appeal letter to be made part of the record. 4. The e-mail as well as hand delivered letter dated August 12 & 13, 2013 from Michael Campanella addressed to the ZBA members in rebuttal to George Hezel and Brian Schofield s letter for the variance request. The appeal letter to be made part of the record. 5
5. The petition of 22 neighbors surrounding 518 Main St opposing the variance. The petition to be made part of the record. Chairman, Spooner asked if there were any other communications received on the matter. Code Enforcement Officer Bill Kramer replied that no other communications had been received. Brian Schofield proceeded to present no new information to the Zoning Board of Appeals stating his letter and his attorney s letter clearly stated all information that they wish to present. Robert Heyden stated that the old light on the north side of building was mercury vapor light (10,000 lumens) and the replacement lights are 2 high pressured sodium lights with 16000 lumens each. Brian stated he nor anyone have any idea what the old lumen output was. Bobby Iwankow says Brian does not live there but they do and their backyards are lit up and he pays property tax and there is a village code. Mike Croft questioned the code regarding essential lighting and the need with lighting. He does not see the word may or may not. What he reads it to say is shall not. Therefore he is inclined to vote against. Brian doesn t think that he is asking for anything that other business in East Aurora have and there are more obscene examples without any of them trying to shield or correct their lighting to comply. He has incidences of vandalism, transgressions, drug dealing and a tire fire. It s a matter of security for his customers. It s not the same community with the police being very busy with many issues. Issues less than other towns but still issues nonetheless. Chairman, Spooner asked if there were any further questions or testimony. There being no further testimony, or questions from the members of the Zoning Board of Appeals, Chairman, John Spooner closed the hearing at 7:34 PM for deliberations and findings. Chairman Spooner called the meeting back into order at 7:41 PM and Bill Kramer read the following findings correspondence from Steve Krastev, Charlie s Diner at 510 Main Street regarding shared driveway, easement, parking and lighting. Chairman Spooner adjourned the hearing at 7:42 PM for deliberations and findings. Chairman Spooner called the meeting back into order at 8:07 PM and read the following findings for Brian Schofield, Bruce s Automotive at 518 Main Street: 1. 518 Main Street is in a MM district. 2. The principal building was constructed in 1850 and at some point was converted to a gas station. The petroleum tanks were removed in 1990. 3. In 2004, renovations and an addition were completed to expand the service area. 4. The rear of the lot that is approximately 21,000 square feet or.42 acres, is for clientele parking and auto pick up & drop offs. It abuts residential properties of Fillmore Ave to the north. 6
5. In 2011, 2 lights were installed on the rear of the building to illuminate the rear parking lot which also includes parking for Charlie s Diner customers. 6. The lights installed have one lamp each with manufactures specifications of 26,000 initial lumens each. Code allows 24,000 lumens total. 7. The two lamps equal 52,000 initial lumens on a lot which would allow 24,000 lumens. 8. Code Enforcement Officer (CEO) tested the area with a light meter and found that the lamps now produce 11,600 lumens or 23,200 lumens for both lights. 9. Since the lights were installed, shielding modifications have been made to the fixtures to address the light spill problem. 10. The residences on Fillmore Ave directly behind the Main St property have complained about the light spill onto their property and into their homes and submitted a signed petition of 22 names. 11. The proposed variance is the minimum variance which will prevent the practical difficulty herein without violating the spirit and intent of the zoning code. 12. This is Type II action under SEQR. John Pagliaccio made a motion to accept the proposed findings and to GRANT the variance request for initial lumens in excess of code. The motion was seconded by Bruce Mitchell with the vote as follows: John Spooner Yea Mike Croft No Bruce Mitchell Yea Molly Flynn Yea John Pagliaccio Yea A motion was made by John Pagliaccio to adjourn and close the meeting at 8:10 PM seconded by Mike Croft with a unanimous vote to follow. Respectfully Submitted, Wendy Potter-Behling, Secretary Zoning Board of Appeals 7