Southtowns Record

ZBA 1.28.2026 APPROVED

Government
Town of West Seneca
Board
Zoning Board of Appeals
Meeting
Jan 28, 2026, 6:00 p.m.
Posted by publisher
Apr 15, 2026
Kind
Minutes
Topics
Zoning and land use, Water, sewer and drainage

Original document

Same meeting

Text · page 2 of 5

WEST SENECA COMMUNITY CENTER  Zoning Board of Appeals
1300 Union Road  Minutes #2026-01
West Seneca, NY 14224  January 28,2026

 Ms. Gree na n asked Joe You ng if there were any alte rnatives considered. M r. You ng stated that after
 speaking with the neighbors Frank Annarino, and his wife that the fence seems to be the best sotution
 with some trees to hetp the separation as wet[.

 Chairman Stachowski found the request substantiat (a 1000/0 increase) but beneficiat for separation
 between mutti-famity and singte-famity properties.

 Area Variance Balancing Test
 ls there an undesirable change to the neighborhood? No this variance was requested in partnership
 with the neighbors.
 Was there an alternative? Again, this was in the best interest of the neighbors.
 ls this a substantial request? No
 Will this have an impact on the environment? No
 ls this a self-created difficulty? No, an opportunity to work collaboratively with the neighbors.

 Motion by Greenan, seconded by Chairperson Stachowski, to grant the request for the 8ft fence.

 Ayes: 3  Noes: 0  Abstain: 2  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).

 Appticant Garcia is looking to create a secure ptay area in the f ront yard for his two chitdren, who are on
 the autism spectrum, and his dogs. The fence would also serve as a barrier from traffic.
 Pubtic Comment: A neighbor from 135 Fernatd Avenue, Anget Casori, raised concerns about the fence
 compticating parking and snow removal in the shared driveway and questioned if the 4-foot fence was
 sufficient to contain the app[icant's large dog, which has gotten loose before.

 Board Discussion & Deliberation:
 The board exptored atternatives, inctuding fencing the backyard (which the appticant noted is mostly
 gravet parking) or enctosing the front porch.
 The appticant a[so cited issues with neighbors encroaching on the driveway, teading to potice catts.
 Code Enforcement Officer Busse states there's no fence atlowed in this front yard because the home
 does not meet the required 30'front setback, so there's no projection past the house altowed.
 Board members expressed concern that the request was substantia[, wou[d change the neighborhood's
 character, and could set a precedent. Most members indicated they woutd not approve the apptication
 as it stands.
 The board discussed considering the request as an ADA (Americans with Disabitities Act)
 accommodation due to the chitd's safety needs.

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