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Zoning Board of Appeals Meeting 08/27/2007
ZONING BOARD OF APPEALS
MONDAY, AUGUST 27, 2007

Members Present:        Ms. Marteney
Mr. Baroody
                                Mr. Bartolotta
                                Mr. Westlake

Member Absent:          Mr. Darrow
Ms. Brower
                                
One Vacancy             

Staff Present:          Mr. LaDouce     
                                
APPLICATIONS
APPROVED:               48 E. Genesee Street
                                299 McIntosh Drive

APPLICATION
TABLED:                 95 Swift Street
                
Mr. Westlake:   Good evening, this is the Zoning Board of Appeals.  Tonight on the agenda we have three items:
        
48 E. Genesee Street
95 Swift Street
                                299 McIntosh Drive      

                        This is a seven-member board; we are short two members and have one vacancy.  Please be advised that you will need four affirmative votes for your item to pass.  If you wish to table your item until next month when we may have six members you may do so.           

Last month’s minutes, any additions or deletions?  If not stand as written.     
        

ZONING BOARD OF APPEALS
MONDAY, AUGUST 27, 2007

48 E. Genesee Street.  C2 zoning district.  Family Video Movie Club, Inc., applicant.  Area variance to install one more wall sign than the allowed two per street front for a total of three signs facing E. Genesee Street.
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Mr. Westlake:   48 E. Genesee Street, are you here please?  Come to the microphone and explain what you want to do, again to remind you that we only have 4 members here tonight and you need four affirmative votes.                   

Mr. Bezenah:    Hi, my name is Todd Bezenah the regional director for Family Videos.  We have a store going up on the corner of Genesee and Fulton, we are two weeks away from opening and we were before this board for a variance request and this wasn’t too much of a surprise we need another sign permit.  I was told to come before the board for a variance to move the sign from one on Fulton Street that was allowed to the front on Genesee Street, I think I can better explain it to you with the site plan I have here.  

                        Here you have our site, I have proposed two building signs right here on our building below the amount of square footage allowed and when I talked with the Planning Board they said that would be ok.  This sign faces Fulton so that would be Fulton sign and this sign would be Genesee that would be the Genesee sign.  When we went to pull our permits, the gentleman, Brian I think his name told us we could only have one on this frontage, with our road sign out front but I was allowed here being a corner lot.  What I want to do is take this sign (points to sketch) and move it here.  A couple of things it doesn’t intrude, nothing intrudes over here on the residential side, all it faces is the VFW and kind of off to Rite-Aid and if you look across the street there are very similar signs, Rite-Aid on one side and Rite-Aid on the other.  I am having one on Genesee, actually two, just not putting anything on Fulton.  You can make it contingent that there would be no sign on Fulton Street.  If you look at your packet just a couple of elevations, you see one there and pretty much the other side on the top here below the diagram that is just how they look on the building.  That is it.  We are here tonight and if you have any questions, go ahead.  

Mr. Westlake:   OK.  Any questions from the board?  Please sit down and we will discuss it amongst ourselves.  

Mr. Bezenah:    Thank you.

Mr. Westlake:   Is there anyone here wishing to speak for or against the application?

Mr. Romano:     My name is Mike Romano I am with the sign company we are sub-contractors and we do the sign this way and all the information presented by this gentleman is true and we are just the sub-contractor doing the install.  

Mr. Westlake:   Any questions of Mr. Romano?

                        Anyone else wishing to speak for or against?  OK, we will close the public portion.

Ms. Marteney:   It is a nice looking building you can certainly understand wanting to catch attention from either direction on Genesee Street, coming up and going down the hill.  It doesn’t seem excessive either.

Mr. Westlake:   I agree.  Do I hear a motion?

Mr. Baroody:    I would like to make a motion that we grant a area variance for Family Video Movie Club, Inc. of 76 Jewelberry Drive, Webster, New York to install one more wall sign than the allowed two per street front.  This would be a total of three signs facing E. Genesee Street, per the packet submitted.

Mr. Bartolotta: I’ll second that.

VOTING IN FAVOR:        Ms. Marteney
                                        Mr. Baroody
                                        Mr. Bartolotta
                                        Mr. Westlake

Mr. Westlake:   Application has been approved.  

Mr. Bezenah:    Thank you.

ZONING BOARD OF APPEALS
MONDAY, AUGUST 27, 2007

95 Swift Street.  R1A zoning district.  David Kromer, applicant.  Area variance to allow front yard parking and a 25’ area variance for the setback requirements of the parking are.


Mr. Westlake:   95 Swift Street, are you here?

        We will come back to it at the end.

        No one is here so we will table until the next meeting and the neighbors will be notified of the next meeting date.  

ZONING BOARD OF APPEALS
MONDAY, AUGUST 27, 2007

299 McIntosh Drive.  R1 zoning district.  Pamela Treat-Ulrich, applicant.  Area variance for a shed 10 square feet over the allowed 150 square feet and a variance of 8 linear feet for placement of shed in the side yard.
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Mr. Westlake:   299 McIntosh Drive, are you here?  

Ms. Ulrich:             My name is Pamela Treat-Ulrich.  I have a house on the corner of McIntosh and Murray Street and I decided I needed a shed so I went to Breezy Acres and I bought a shed.  It never crossed my mind that I would need a building permit because I wasn’t building anything.  So I am here because after I was notified that I didn’t get a building permit, I found out the shed is one foot too large for the zoning law, so I am seeking a variance for my extra foot of shed.

Mr. Westlake:   You explained it very well.  

                        Is there anyone here wishing to speak for or against this application?  Hearing none we will talk amongst ourselves and go from there.

Mr. Baroody:    If it was 10 x 15 there would be no problem, but it is 10 x 16.

Ms. Marteney:   It is appropriated positioned on the lot.

Mr. Westlake:   It is a very nice shed.

Ms. Marteney:   You put it in the right spot to begin with.

Mr. Westlake:   Do I hear a motion?

Mr. Baroody:    I would like to make a motion that we grant Pamela Treat-Ulrich of 299 McIntosh Drive an area variance to erect a 10 x 16 square foot shed for a total of 160 square feet being 10 square feet larger than the allowed 150 square feet and a variance of 8 linear feet for the placement of the shed in the side yard per packet submitted.

Mr. Bartolotta: I’ll second that.

VOTING IN FAVOR:        Ms. Marteney
                                        Mr. Baroody
                                        Mr. Bartolotta
                                        Mr. Westlake

Mr. Westlake:   Application has been approved.  

Ms. Ulrich:             Thank you.

Meeting adjourned at 7:30 p.m.