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WEST SENECA COMMUNITY CENTER Zoning Board of Appeals 1300 Union Road Minutes #2025-11 West Seneca, NY 14224 December 3, 2025 areas on the property are not level; 3) Is the request substantial – no, the intent is being achieved; 4) Does the variance have an impact on the environment – no, there is no impact on the environment; 5) Is this a self-created difficulty – no, the lay of the land limits the placement. Motion by Lang, seconded by Greenan, to close the public hearing and grant a variance for property located at 147 Reserve Road to allow construction of an accessory building 7.25' from the existing house. Ayes: 4 Noes: 0 Abstain: 0 Motion Carried 2025-047 Request of Anthony Nieves Garcia for property located at 137 Fernald Avenue to allow construction of a fence 4’ in height in the front yard with a 25’ projection (maximum projection 10’ allowed). Anthony Nieves Garcia stated he is requesting a 4' high chain link fence in the front yard to provide safety and security for his autistic children and his pets. Mr. Garcia stated he has experienced vehicle driving on his front lawn and placed large stones to deter them. The stones have not been effective. Chairperson Hicks stated neighbor signatures with no objection to the variance were received from one of the neighbors, but noted there was only a letter of notification sent to the other neighbor and asked if Angel Castoiore was present. Mr. Garcia stated he was advised to notify Mr. Castiore and invite him to attend the meeting and commented that they have had difficulties with each other. Chairperson Hicks noted the neighbor at 141 Fernald Avenue has no objections. Mr. Busse stated the applicant has a shared driveway with Mr. Castiore, and it is a unique circumstance that the property line runs down the driveway and noted the proposed fence would be towards the neighbor's side of the driveway. Chairperson Hicks asked if Mr. Garcia planned to install a fence in the driveway. Mr. Garcia stated he does intend to add a fence along the driveway, but the variance is limited to the front yard. Mr. Busse stated the fence is allowed at 4' in height up to the property line. Angel Castoire, property owner of 135 Fernald Avenue, made the following comments: - The proposed fence would keep the dogs contained, but expressed concerns that one of the dogs is large and a jumper, and it could clear a 4' fence - Expressed concerns that the Garcias would leave their dogs outside and unattended for long periods of time - Previous situation where the larger dog got free and went after Mr. Castoire's friend and his own dog and there is a police report of this incident - The shared driveway can be challenging in the winter months and expressed concerns about the Garcias parking at the end of the driveway - Understands the Garcias' concern for their children's safety, but in his opinion, he feels that the Garcias are trying to be inconsiderate to himself and the fence would be unsightly Mr. Busse stated he does not have any records of incidents in the Code Enforcement Office, noting these types of incidents would not involve his office. Chairperson Hicks asked Mr. Garcia if his backyard was fenced. Mr. Garcia stated it is not. Chairperson Hicks asked an alternative would be to fence his backyard. Mr Garcia stated his 12 Page 14 of 40