PRESENT: John Spooner, Chairman Absent: Mike Campanella, Vice Chairman John Pagliaccio Frank Wilton Mary (Molly) Flynn 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 17 th day of May, 2012 ALSO PRESENT: William Kramer, Code Enforcement Officer Catherine Wood, Secretary Cheryl Grace 181 Dorchester Road East Aurora, NY 14052 Laurence ( Larry ) Becker 4416 Two Rod Road East Aurora, NY 14052 Ronald ( Ron ) Schenne 8270 Knapp Road West Falls, NY 14170 Eleanor Kuzma 563 Linden Avenue East Aurora, NY 14052 Ann Grosskopf 336 Sycamore Street East Aurora, NY 14052 Michael and Glenys Butler 100 Shearer Avenue East Aurora, NY 14052 Daniel and Linda Gates 11300 Allen Road East Concord, NY 14055 Philip ( Phil ) Silvestri of Silvestri Architects 1321 Millersport Highway Amherst, NY 14221 Linda Zaff 20 Park Place East Aurora, NY 14052 IN THE MATTER OF THE APPLICATION OF Cheryl Grace 181 Dorchester Road East Aurora, NY 14052 Area setback variance for a garage at 181 Dorchester Road East Aurora, NY 14052 Chairman, John Spooner called the meeting to order at 6:02 PM, and introduced (5) members of the Zoning Board of Appeals, which constitutes a quorum. Frank Wilton made a motion to approve the minutes of the Zoning Board of Appeals hearing that took place on April 19, 2012. The motion was seconded by Vice Chairman, Mike Campanella with the vote as follows: John Spooner Yea John Pagliaccio Yea Molly Flynn Yea Michael Campanella Yea Frank Wilton Yea Chairman, John Spooner asked Code Enforcement Officer, William Kramer to read aloud the following:
1. The denial letter from the Code Enforcement Officer dated April 24, 2012 stating that the application for an attached garage and mudroom at 181 Dorchester Road was denied due to failure to meet the requirements for yard setbacks as stated in East Aurora Village Code Section 285-17D(1). The denial letter to be made part of the record. 2. The letter of appeal dated April 20, 2012 from Cheryl Grace listing the grounds for the variance request. The appeal letter to be made part of the record. Chairman, Spooner asked if there were any other communications received on the matter. Mr. Kramer replied that no other communications were received. Chairman, Spooner confirmed that the secretary sent twenty letters of correspondence to inform nearby neighbors of the variance request. Chairman, Spooner asked Cheryl Grace to present the case to the Zoning Board of Appeals. Ms. Grace stated that she is on a corner lot, and that in order to have her garage located in the front of the house, the garage would have to come closer to the road than what the Village allows. She explained that if she put the garage on the north side of her house, it would take up her side yard, which slopes down and presently has a deck located there. Her south side yard is where the bedrooms are situated, and she feels it would be illogical to locate a garage attached to bedrooms, and there is only eight feet of land behind the house to the property line in the rear. Ms. Grace informed the Zoning Board that the previous owners had renovated the original garage into a dining room, thus creating the need for a new garage. Frank Wilton noted the ample space in the north side yard area for possible garage construction, and that as is, the house structure is currently in line with the neighbors. He and Vice Chairman, Mike Campanella also noted that it appeared in the drawings that there may be significant extra space that could potentially be eliminated to prevent a new garage from extending a full twentyeight feet out from the home. Ms. Grace added that she had spoken with all neighbors whom her property touches as well as neighbors across the street, and they had all verbally expressed to her that they had no issues with the plan and could see the need for a garage. Molly Flynn pointed out that in order for Ms. Grace to locate her garage on the north side yard, she would still need a variance from the rear property line in addition to the added cost of moving the driveway and tearing down the deck if the garage was to be attached. Frank Wilton suggested to Ms. Grace to meet again with the architect in order to see if the garage could be located an additional five or six feet back from the street. Chairman, Spooner also commented that this was a substantial change to the house that will alter the character of the neighborhood, and that there seemed to be quite a bit of concern on the Board about how extensively the garage would protrude from the home. Chairman, Spooner explained to Cheryl Grace that if the Zoning Board took a vote and denied the variance, she would have to wait one year to reapply. The Board advised Ms. Grace that an attempt to reduce the requested variance, documentation from her architect describing the need
for the size and proportions of the garage as well as written support from her neighbors would all be helpful. A motion was made by Vice Chairman, Mike Campanella to table the hearing. The motion was seconded by John Pagliaccio, with a unanimous vote to follow. Chairman, John Spooner closed the hearing at 6:22 PM. IN THE MATTER OF THE APPLICATION OF Eleanor Kuzma 563 Linden Avenue East Aurora, NY 14052 Side yard setback and location of an accessory building variance at 100 Shearer Avenue Chairman, John Spooner called the meeting to order at 6:30 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 April 27, 2012 stating that the application for a new garage at 563 Linden Avenue was denied due to failure to meet the requirements for yard setbacks as stated in East Aurora Village Code Section 285-17D(4) and Section 285-8 which states that a side yard must be unoccupied and unobstructed by buildings. The denial letter to be made part of the record. 2. The letter of appeal dated April 27, 2012 from Eleanor Kuzma listing the grounds for the variance request. The appeal letter to be made part of the record. Chairman, Spooner asked if there were any other communications received on the matter. Mr. Kramer replied that no other communications were received. Thirty-five letters were sent out, and one neighbor, Ann Grosskopf, came in support of the variance. Chairman, Spooner asked Larry Becker to present the case to the Zoning Board of Appeals on behalf of Eleanor Kuzma. Mr. Becker stated that the building was already built too close. He added that the plan was to maintain the existing lines to the west and south, and add two more feet each to the north and east side. Doing so will provide just enough room to put in a 9 door on a permanent foundation. Mr. Becker explained that an 8 door or less does not provide enough room during icy conditions, which can cause the vehicle to slip and slide into the side of the garage. The additional space will also improve the usability of the garage. Ron Schenne identified himself as the General Contractor for Eleanor Kuzma and told the Zoning Board of Appeals that he has been with the Kuzma family for fifty years. He reiterated that Ms. Kuzma is apprehensive about the close proximity of the frame on either side of the garage door and expressed that this creates a problem. He said that to begin remodeling, they would jack up the structure and put a new floor in, and spoke of an impracticality to take down the structure and meet limits.
Chairman, Spooner asked Code Enforcement Officer Bill Kramer if there was any place Ms. Kuzma could put the garage to be in compliance, to which he responded that no, there is no location that would meet full compliance. Mr. Schenne also expressed that they wanted to maintain the integrity of the existing building, and that they planned to keep the Roycroft look and lights that exist on the structure despite replacing some windows. They will keep the same driveway, however upgrade it from stone to concrete and place the garage on a permanent foundation rather than the current slab foundation. 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, Spooner closed the hearing at 6:39 PM for deliberations and findings. Chairman, Spooner called the meeting back into order at 6:41 PM and read the following findings for Eleanor Kuzma at 563 Linden Avenue: 1. 563 Linden Avenue is in an R district. Residence was built in 1920. 2. The lot is a legal non-conforming lot with regards to the lot width, depth and area. 3. The existing house and garage are legal non-conforming structures having a rear yard setback of 3.48 feet at the maximum and 3.17 at the minimum. 4. The existing garage is 1.52 to 1.32 to the west lot line. 5. The proposed garage would be built in the same location as the existing garage, and would be no closer to the west or south property lines than the existing garage. 6. The proposed garage would add 2 to the north and east dimensions. 7. Due to the size of the lot there is no other place to locate the garage that would allow the garage to be in compliance with the code. 8. There would be no negative impact on the neighborhood. The proposed variance is the minimum variance which will prevent practical difficulty herein without violating the spirit and intent of the zoning code.
9. This is not a self created hardship and will not change the character of the neighborhood, and there were no objections from the neighbors. 10. This is a Type II action under SEQR. Vice Chairman, Mike Campanella made a motion to accept the proposed findings and to GRANT the variance request. The motion was seconded by John Pagliaccio, with a unanimous vote to follow. 5/17/12 Variance GRANTED. A motion was made by Mike Campanella to close the meeting at 6:45 PM seconded by Molly Flynn with a unanimous vote to follow. IN THE MATTER OF THE APPLICATION OF Michael and Glenys Butler 100 Shearer Avenue East Aurora, NY 14052 Rear yard setback variance at 100 Shearer Avenue Chairman, John Spooner called the hearing, which was recessed from April 19 th 2012, to order at 7:00 PM. Code Enforcement Officer, William Kramer read aloud the new appeal letter from Michael Butler entitled Request for Variance 100 Shearer. The appeal letter to be made part of the record. Mr. Kramer also noted that new communication had been received from residents at 330 Parkdale Avenue and 70 Shearer Avenue in which there were no objections to the addition. Chairman, Spooner asked Mr. Butler to update the Zoning Board of Appeals on this case. Mr. Butler began by noting that his mother had originally purchased the home at 100 Shearer Avenue in 1985. She lived there until she passed away in 1997, at which time Mr. Butler inherited the home, thus the home was not purchased in the current condition. The Butlers then used the home part-time, but wish to now accommodate it for full-time use. Mr. Butler informed the ZBA that since the last hearing, he has met with two kitchen designers, an architect, and a landscaping professional. They were able to reduce the requested size of the addition from 10 to 7 by making the most efficient use of the space possible. Although they liked Mr. Campanella s idea of turning the design and bringing light in from the top, it did not work effectively in consideration of the need for a dinette location. The reduction in the size of the addition also provides the Butlers with ample space to plant privacy shrubs on their own
property. Mr. Butler stated they took into consideration the concerns of the neighbors and made their best to meet their needs for privacy and attractiveness. He feels the overall design is a total improvement to the property. To clarify his comment in the appeal letter that the addition does not add any enhancements to the home, Mr. Butler explained that his intention was to mean that they are only accomplishing access to get around the dinette and open the refrigerator door etc; nothing more. There is only one extra window from the Parkdale view to provide a little more light into the kitchen. At this time, Daniel Gates addressed the Zoning Board and stated that they were still not in agreement with the plan to have an addition put on the house at 100 Shearer. Mr. Gates feels there is zero available space to build on. However, he did not wish to just say no because he believes everyone has the right to an improved quality of life. He announced that they were willing to offer the Butler s five feet as an attempt to meet them half-way. Mr. Gates feels that Butler s will have a home with increased value due to the new kitchen, while he fears that the home at 339 Parkdale Avenue may have a decreased property value if the variance is approved. He indicated a possible buyer may be deterred from purchasing the home at 339 Parkdale due to the fact that the home at 100 Shearer goes beyond the code. ZBA member Frank Wilton commented that the Butler s were trying to accommodate the Gates by doubling the space to the property line from 3 in the original appeal to 6.3 in the amended appeal. The Butlers would also plant attractive landscaping and a privacy hedge on their own property. Mr. Gates acknowledged this but affirmed that this variance request was still more than what they wish to give as they are concerned about the property value on Parkdale. Mr. Gates said they had no intention of ever living in the home once it is inherited, but to inherit and then sell it. 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, Spooner closed the hearing at 7:15 PM for deliberations and findings. Chairman, Spooner called the meeting back into session at 7:28 PM and read the following findings for Michael and Glenys Butler at 100 Shearer Avenue: 1. 100 Shearer Avenue is in an R district. Residence was built in 1957. 2. The original lot was originally configured for a Parkdale Avenue address, but the house was built with a Shearer Avenue address, which resulted in an unusual rear yard setback of 13.3 on the north end and 5.86 on the south end. This configuration eliminates any possibility of a conforming addition to the rear of the house. 3. The petitioner revised the requested setback variance from 14.2 to 11.2.
4. The proposed variance is the minimum variance which will prevent the practical difficulty herein without violating the spirit and the intent of the zoning code. 5. The location of the existing kitchen and dining area makes this the most practical location for enlarging this area and to alleviate space and usage problems. 6. The location of the existing bathroom to the north of the existing kitchen makes expansion of the kitchen in that direction an economic hardship. 7. The applicant will correct existing drainage problems. 8. There would be minimal negative impact on the neighborhood. 9. This is not a self created hardship and will not change the character of the neighborhood. The neighbor at 339 Parkdale Avenue objected to the addition. There were three letters of support. 10. This is a Type II action under SEQR. John Pagliaccio made a motion to accept the proposed findings and to GRANT the variance request. The motion was seconded by Molly Flynn, with a unanimous vote to follow. 5/17/12 Variance GRANTED. Chairman, John Spooner closed the hearing at 7:30 PM.
IN THE MATTER OF THE APPLICATION OF Philip Silvestri of Silvestri Architects on behalf of East Aurora Buick GMC Cadillac 535 Main Street East Aurora, NY 14052 Sign variances for internal lighting and size at 535 Main Street East Aurora, NY 14052 Chairman, John Spooner called the meeting to order at 7:31 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 April 30, 2012 stating that the application for new signs at *535 Main Street was denied due to failure to meet the requirements for signs and devices as stated in East Aurora Village Code Sections 209-5D, 209-6B (1) and 209-6B(2). (*Mr. Kramer noted the letter should state 535 Main Street rather than 130 Grey Street.) The denial letter to be made part of the record. 2. The letters of appeal dated April 21, 2012 and April 27, 2012 from Philip J. Silvestri listing the grounds for the variance request. The appeal letters to be made part of the record. Chairman, Spooner asked if there were any other communications received on the matter. Mr. Kramer replied that one letter was received. Mr. Kramer read aloud the letter of support from the Presbyterian Church next door. Phil Silvestri of Silvestri Architects began by noting that he and his client John Wabick, owner of West Herr, have been attending various meetings for the past eight months to accomplish Village approval for the remodeling project at 535 Main Street. Mr. Silvestri explained that General Motors dealerships across the United States are required to update their facilities to the new program which has been designed. He also noted some of the compromises to the architectural style agreed upon so far by the Planning Commission and Village Board. Mr. Silvestri showed the pictures of the signage required by GMC and the current and requested locations. John Pagliaccio asked if the LED lights would follow the lighting code, such as not blinking or flashing, and Mr. Silvestri confirmed that he would ensure that they followed code. Molly Flynn asked if there were any other locations that were able to use gooseneck types of lighting. Mr. Silvestri informed the Zoning Board that per his research, all other facilities in the entire US are internally lit, LED lights. The Board requested to receive documentation in writing of this information as well as of the following various points: Exact dimensions and number of the existing signs, complete with photographs, which Mr. Silvestri claims are of similar size already to size of the signage requested.
Complete dimensions of the new building in addition to the dimensions of the signage for proportional analysis. Dimensions of each individual letter on the signs is requested by one member of the Board, although Mr. Kramer s interpretation of the code is that the area should include the total boxed area around all of the letters on a sign. A letter from GM stating the specific requirements and mandates from GM for the new signage including the internal lighting requirement. Evidence that West Herr cannot be on the sign for the name, but rather East Aurora is required to be used as the name of the facility. A photocopy of the pages in the Design Manual which cover the signage. Brightness (lumens) of the lights, and when they will be lit, in accordance with the lighting code. Visual examples, such as a Cadillac sign, from other dealerships existing signage lit up at night to represent how this would look in East Aurora. Linda Zaff asked to see the drawings of the designs, and asked what kind of lighting would exist down the service side of the building, to which it was responded that there would be nothing new. The Zoning Board agreed to table the hearing until the documentation was collected, and agreed to try and pull a quorum together for Mr. Silvestri as soon as the information was ready if it was ready before the next hearing on June 21, 2012. Vice Chairman, Mike Campanella made a motion to table the hearing for East Aurora Buick GMC Cadillac at 535 Main Street. The motion was seconded by John Pagliaccio, with a unanimous vote to follow. A motion was made by Mike Campanella to close the meeting at 8:05 PM seconded by Molly Flynn with a unanimous vote to follow. Respectfully Submitted, Catherine Wood, Secretary Zoning Board of Appeals