ZONING BOARD MINUTES
January 21, 2008
Approved 02/18/2008
Posted 02/29/2008
Please take notice that the Town of Pittsford Zoning Board of Appeals held the following public hearings on Monday, January 21, 2008 in the Town Hall lower level meeting room, 11 South Main Street, beginning at 7:00 P.M. local time.
PRESENT
David Rogachefsky, George Dounce, Rufus Falk, Barbara Servé, Michael Rose, Robert Shaddock, Barbara Servé and Peter Webster
ALSO PRESENT
John Bernacki Town Board Liaison, R. Williams Attorney, D. Rowe Building Inspector
Chairman, David Rogachefsky, called the regularly scheduled meeting of the Zoning Board of Appeals to order at approximately 7:00 p.m.
Richard Williams read the Legal Notice as published in the January 9, 2008, Wednesday edition of the Brighton Pittsford Post.
PUBIC HEARINGS CONTINUED:
3626 Clover Street
Tax #191.01-1-13 & 14
Requesting relief from Code Sections 185-113 C (1) & (2), 185-116 C (4)
Requiring that no accessory structure/barn shall be over 180-sq. ft. or 12' in height, and no barn shall be closer to the lot line than 150'.
Peter Vars, BME Associates, who is representing Dr. Robert Loss, owner of 3626 Clover Street, submitted a request dated December 10, 2007 to postpone this application until a later date.
The above-mentioned application will be removed from the agenda and will be re-advertised when the applicant submits the new application.
This application will be tabled until a later date.
427 Stone Road
Tax #163.3-1-63.111
Requesting relief from Code Sections 185-131 B & 185-121 A
Requiring that no open water pond shall exceed 12,000-sq. ft. surface area, or within 100' of a lot line and no fence shall be higher than 3' within the front setback.
Jerry Goldman, Attorney for Scutti Enterprises, stated that the prior legal notice did not include one of the variances that they were requesting and that the board wanted to see the style of fence and the location so that is why they are before the board again. The four variances that they are seeking are as follows:
- A 16,000 +/- sq. ft. pond when the requirement is no larger than 12,000-sq. ft.
- They intend to enclose the property with a 4' high fence, which will be within the front setback, the requirement is no fence shall exceed 3' in height within the front setback.
- An open water pond is required to be 100' from the property line they are requesting a 15' front setback on the private drive.
- This lot is only 3 acres and the Town requires that an open water pond of 12,000-sq. ft. must be constructed on a 5-acre lot.
Mark Costich from Costich Engineering presented the colored renderings for the fence styles proposed and they offered three options for the location of the fence. They would like a clarification of what the Town considers as a front setback. The fence they are proposing will be a decorative aluminum fence with stone columns along Stone Road, the decorative aluminum fence will also be along the private drive but without the stone columns. The fence on the east and south property line will be a green vinyl chain link fence, which will be well screened along the hedgerow with a lot of vegetation. They chose to go with aluminum because there is no maintenance required for the fence.
Comments and questions from the board members:
- Were the neighbors to the south contacted?
- Why does the pond have to be so deep?
- How many feet will be required to build this fence around the property as proposed?
Mark Costich stated that the neighbors to the south were notified and they did not have a problem with the placement of the fence nor the proposed styles. The pond must be 6-8' deep in order for the stocked fish to survive. If the water is to shallow the fish can't survive and the water quality won't be very good to sustain the fish. The illustrations in the handout presented tonight shows three options for the location and the one option that they want top install will be 914' of fencing.
Comments from the public.
There were no comments from the public.
This is a local matter therefore there were no comments from the Monroe County Planning & Development Department regarding this application. This application is a local, however the Planning Board has granted a resolution and a SEQRA review, dated November 12, 2007 for this application.
George Dounce moved to close the Public Hearing.
Seconded: Peter Webster
The Public Hearing is closed.
PUBLIC HEARINGS:
830 Linden Avenue
Tax #138.15-1-8
Applicant was requesting relief from Code Section 185-121 B, requiring that no fence shall exceed 6' in height.
Jenn Lyons, Camp Bow Wow of Rochester, submitted a request dated January 10, 2008 to withdraw the above application. This application has been withdrawn therefore no further action is required by this board.
4130 East Avenue
Tax 151.10-1-10
Requesting an amendment of the prior variances dated December 18, 2006 & February 19, 2007.
Sami Mina owner of 4130 East Avenue and his contractor outlined the situation of not being able to do the requirement of the two prior variances. The issue of in 170 yards of dirt would be expensive and it would create a hill in the backyard and give them no backyard to landscape or for walkways. The last time they were in before this board they were approved to have small windows in the basement with assumed grade. The real grade of the lot was more than the assumed grade, the grade is 6' lower than the large daylight windows. They need by code an egress window for the finished basement. They had an architect do the landscaping plan, which was expensive. The trees that will be planted will screen this exposed third story wall from the neighbors. The contractor stated that Mr. Mina has spared no expense on the construction of his home; the cost of the 170-yards of dirt would be around $2,500 to $3,000. Mr. Mina would rather keep the back of the house the way it is for esthetic reasons. It is a beautiful home and the stucco will be brought all the way around the house and will cover the all of the exposed block. Both of the concerned neighbors that are behind his house have signed off on the landscaping plan. Both of the neighbors will have an opportunity to help decide which trees will be planted along lot lines.
Comments and questions from the board members:
- The cost of the dirt compared to the cost of the house should not determine the decision of having Mr. Mina comply with the original variances. The landscaping plan must have cost the same or more than the $2,500/$3,00 price of bringing in 170-yards of dirt as stated by the contractor.
- Robert Shaddock would like to visit the site before they make a decision.
- Will there be a dry well installed to collect the run off from the lot and will the house downspouts?
Comments from the public.
Thomas Privitere, 6 Briar Circle, stated that Mr. Mina has done a wonderful job building this house. It has not caused a problem with his property. Mr. Mina has been a good neighbor and the house he is building is outstanding. Mr. Mina did a nice job on the house at 4140 East Avenue and he is doing the same with this house. The landscaping plan is okay with him, he has offered to help share the expense of planting the trees between their properties but Sami declined his offer. Mr. Privitere stated that he much prefers this new plan for the grading of Mr. Mina's lot because it will cause less of a drainage problem than it would have before. The dry well that Mr. Mina will be putting to the rear of the property will help with the drainage problem as well. Mr. Privitere is requesting that the board grant to Mr. Mina relief from the variances that were granted before and accept the new landscaping plan.
Scott Lockwood, 45 Winding Road, stated that he sees no problem with this 2-½-story house is next to a 2-story house. It is not like his situation where there is a 4-story building near a 1-story ranch. This application should not be an issue.
David Rowe, Building Inspector, outlined the board's decision. The applicant was to fill in the area behind the house so that there would not be three exposed stories for the neighbors to the rear of the property to look at. With the new landscaping plan Sami Mina proposes it would screen the rear wall and the neighbors would not see that much of the exposed third wall.
This is a local matter, therefore there are no comments submitted by the Monroe County Planning & Development Department for this application. This application is a local, therefore does not require a SEQRA review.
Rufus Falk moved to close the Public Hearing.
Seconded: Barbara Servé
The Public Hearing is closed.
Robert Shaddock stated that he does not want the Public Hearing closed because he wants visit the site and if he has new information he can't submit it because the hearing has been closed.
David Rogachefsky asked whether the board wanted to reopen this Public Hearing so that there can be new information submitted next month.
Peter Webster moved to reopen the Public Hearing so that if there is new information to add to this application it can be submitted. Seconded: Robert Shaddock
This Public Hearing has been reopened.
255 East Brook Road
Tax 151,17-1-6
Requesting relief from Code Sections 185-39.7 B-1 (a) (b)
Requiring minimum lot size of 45,000-sq. ft. and a lot frontage of 125'.
John and Ann Parker owned this vacant lot and 255 East Brook Road since 1982. The lot in this application fronts Monroe Avenue and at the time they purchased the lot is was a buildable lot. With the zoning change on Monroe Avenue and the requirement of 125' lot frontage and the area of 45,000-sq. ft. this lot does not comply any longer with zoning code. They are selling their current house and this lot. They would like to have the person that purchases the house also purchase the vacant lot but just in case that does not happen they would like to be able to sell this lot and have the variances to allow this lot to be built on.
Comments and questions from the board members:
- It appears that the lot line goes through the garage is that right?
- Will the new lot have 20' side setbacks?
John Parker stated that at one time the lot line did go though the garage but the Department of Public Works made an adjustment to the lot line for the re-subdivision. The new house will have to comply with the 20‘ side setbacks.
David Rowe stated that the Zoning Board of Appeals would probably see this lot come back for another variance because a new house might need relief from the 20' side setbacks.
Comments from the public:
There were no public comments regarding this application.
This is a local matter, however Monroe County Planning & Development Department has submitted comments, dated January 15, 2008, regarding this application and these comments are on file in the Dept. of Public Works Zoning Board of Appeals file for this application. The Planning Board did a SEQRA resolution on November 26, 2007.
George Dounce moved to close the Public Hearing.
Seconded: Michael Rose
The Public Hearing is closed.
89 Country Club Drive
Tax #151.05-1-43
Requesting relief from Code Section 185-15 C (3).
Requiring a 20' side setback.
James Fahy, Architect, is representing the owners of 89 country Club Drive has submitted a request dated January 21, 2008 to postpone this application until the February 18, 2008 meeting.
4245 East Avenue
Tax #151.14-1-1.11
Requesting relief from Code Section 185-39.
Requiring a maximum height of any structure not to exceed 30' in height.
Paul Sylvestri, Harter Secrest & Emery introduced the representatives for the Nazareth College application. They outlined the application to the board and the public and showed the revised plans that were presented at this meeting from what was submitted in the initial application. In order for the college to have professional performances at the theater they will have to raise the stage house roof for the scenery to be lifted up during the performances. The total height of the building will be 79' high and additional 14 ½' over the height of the building as it exists now. The other addition will be the entryway off the parking lot this addition will be 44' in height with skylights. The interior of the theater will have less seating right now there is 1,128 available seats and this renovation will allow for 1,000 seats for theater attendees. The nearest house that will be able to see this addition more so than the others is 175' away on East Avenue the other properties on Winding Road are over 700' away. There was a mailing that went out to the surrounding residents from Harter Secrest & Emery informing them of this application.
Comments and questions from the board members:
- The new plans presented tonight show two additional additions to the Arts Center where will they be built?
- Will this new entrance be off of the existing parking lot?
- Will there be changes to the music wing?
Doug representing the Nazareth application showed where the new additions would be. They will be closing in an area between the two buildings that is the courtyard of the Arts Center and redoing the entranceway to the Arts Center staying within the footprint of the patio area that already exists. There is no discernable entrance off of the parking lot for the people to use. With this new entrance the people can find their way into the theater section of the building a lot easier. There will be interior work done in the music wing but the roof height will remain the same.
Comments from the public:
Scott Lockwood, 45 Winding Road, stated his concerns regarding the applications that Nazareth College keeps presenting to this board. He has no opposition to this application because he understands the need for the fly space in the theater. His concerns are regarding the height of the buildings that continue to be built on campus. As he looks out the front window of his house all he sees is this huge 4-story building and the trees that were 40' high that would have screened this structure were removed by the college and replaced by 6-8' tall trees. It will take 30 years for these new trees to be as tall as the ones that Nazareth took down. This will not help him now for screening his home and the other 1-story ranch style homes on Winding Road. This 4-story building should have been built in a different location on campus. The height of this addition to the Arts Center is 79' tall and now we have set a precedent so that they can build structures that tall because you have already given them permission to build to 79'.
There are no parking spaces now for the Arts Center, the cars have to keep circling around until they find a spot to park or they just park anywhere they can. A 1,000-seat theater could generate over 500 cars if there are two people per car and there are only about 230 spaces there now. Will they be adding parking spaces to this lot? He is concerned as to the way these applications for Nazareth College are going through this board. He is also concerned that the Town will let Nazareth College do any thing they want. He was informed that the college would be submitting plans to build a gymnasium and a racetrack in the near future. The residents have not seen a master plan for the college even though they have asked for one on several occasions. This campus has too many buildings on their side of campus there is a lot of land on the other side of the campus, they should put the new buildings there and not pack them into this one location. If they install the racetrack they will want lights so they can play at night and the lights that are on campus now light up the neighborhood too much as it is.
He also mentioned that he was not notified of this application, he found out about this application from a neighbor. When he called into the Town he was informed that he was not adjacent to the property of Nazareth College therefore that is why he was not notified. Mr. Lockwood wanted to know if it is required to keep putting the notice in the paper for an application each time it is addressed at a board meeting.
Rich Williams stated that the last master plan for Nazareth College was about 7 years ago. The Zoning Board only sends out notification to adjacent properties. The only legal notification for the Town to do is putting a legal notice in the local newspaper. The notification by letter is a courtesy of the Town. They are not legally obligated to send out a notice. These applications are now on the Town of Pittsford web site for anyone who would like to see what is on the agendas. The only time an application is required to be advertised is the first night that is opens for a Public Hearing, the subsequent meeting nights for an application need not be published. . The newsletter on the Town's web site will keep anyone updated as to the progress of any application.
Paul Sylvestri stated that they have hired a firm to help them create a master plan for the college and that plan should be ready sometime late this year.
This is a local matter, however Monroe County Planning & Development Department has submitted comments regarding this application and these comments are on file in the Dept. of Public Works Zoning Board of Appeals file for this application, however the Planning Board did grant a Special Permit and SEQRA resolution on January 14, 2008
George Dounce moved to close the Public Hearing.
Seconded: Peter Webster
The Public Hearing is closed.
RESOLUTIONS:
427 Stone Road
Tax #163.3-1-63.111
Requesting relief from Code Sections 185-131 B & 185-121 A
Requiring that no open water pond shall exceed 12,000-sq. ft. surface area, or within 100' of a lot line and no fence shall be higher than 3' within the front setback.
Discussion:
The taller fence makes sense for safety issues and is tastefully done. There was no opposition to this application from the neighbors.Barbara Servé moved to grant to the owners of 427 Stone Road, the requested area variances to allow the construction of an oversized open water pond within 100' of a lot line and to allow a 4' high fence within the front setback and to allow an open water pond on a parcel of land less than the required 5 acres as per code at the above-mentioned property.
Seconded: Rufus Falk
Roll Call: Shaddock, Webster, Dounce, Falk, Servé, Rogachefsky votes Yes Rose voted No.
A 6 to 1 vote motion passed.A resolution was passed granting the requested area variances to allow the construction of a 16,000 +/- sq. ft surface area of an open water pond 15' from the property line and to allow a 4' high fence to enclose the open water pond within the front setback on a parcel of land that is only 3 acres at the above-mentioned property. The resolution is on file in the Town Clerk's Office, property file and in the Zoning Board of Appeals file.
255 East Brook Road
Tax 151,17-1-6
Requesting relief from Code Sections 185-39.7 B-1 (a) (b)
Requiring minimum lot size of 45,000-sq. ft. and a lot frontage of 125'.
Discussion:
There was no additional discussion regarding this application.George Dounce moved to grant to the owners of 255 East Brook Road the requested area variances to allow an undersized building lot at the above-mentioned property.
Seconded: Peter Webster
Roll Call: All AyesA resolution was passed granting the requested area variances to allow the vacant lot next to 255 East Brook Road for a lot to have less than the required 45,000-sq. ft. area and a 90' lot frontage when the code requires a 125' lot frontage next to the above-mentioned property. The resolution is on file in the Town Clerk's Office, property file and in the Zoning Board of Appeals file.
4245 East Avenue
Tax #151.14-1-1.11
Requesting relief from Code Section 185-39.
Requiring a maximum height of any structure not to exceed 30' in height.
Discussion:
The closest house to this application is 175' on East Avenue the other properties on Winding Road are over 700' from the Arts Center. Not real visible from Winding Road.Robert Shaddock moved to grant to the owners of 4245 East Avenue, Nazareth College the requested area variances to allow the construction of two new additions to the Arts Center to be over the maximum height of 30' as required by code at the above-mentioned property.
Seconded: George Dounce
Roll Call: All AyesA resolution was passed granting the requested area variances to allow the construction of two new additions with the highest addition not to exceed 79' in height when the code requires a maximum height of 30' for any structure at the above-mentioned property. The resolution is on file in the Town Clerk's Office, property file and in the Zoning Board of Appeals file.
OTHER:
- Review/Approval of the December 17, 2007 minutes.
David Rogachefsky moved to approve the minutes with the one correction.
Voice Vote: All Ayes - Point Persons for the new applications for February 18, 2008 meeting.
Public Hearings Continued
- 4130 East Avenue, David Rogachefsky
- 89 Country Club Road, Rufus Falk
Public Hearings
- 420 Allen's Creek Road, Peter Webster
- 3690 East Avenue, St. John Fisher College, Robert Shaddock
The Planning Board submitted a request to be Lead Agency status for the application at 3690 East Avenue, St. John Fisher College for the new Welcome Center.
By Voice Vote the board passed the motion to grant the Planning Board Lead Agency status for the above-mentioned application.
Meeting adjourned at 9:30 p.m.
Respectfully submitted,
Sandie Freitag
ZBA Secretary
OFFICIAL BOARD MINUTES ARE ON FILE IN THE OFFICE OF THE TOWN CLERK