ZONING BOARD MINUTES
February 18, 2002
Approved 04/15/2002
Posted 04/22/2002
Minutes of the Zoning Board meeting held in the Town Hall lower level meeting room, 11 South Main Street, Pittsford, on February 18, 2002 and filed in the Town Clerk's office on:
MEMBERS PRESENT
Ed Starowicz, David Rogachefsky, Larry Magguilli, George Dounce, Peter Webster
MEMBERS ABSENT
Rufus Falk, Barbara Servé
ALSO PRESENT
Richard Williams Attorney, David Rowe Building Inspector, Sandie Freitag Secretary for the Zoning Board of Appeals, John Higgins Town Board Liaison
Chairman, Ed Starowicz, called the regularly scheduled meeting of the Zoning Board of Appeals to order at approximately 7 p.m. He gave a summary of the procedures to be followed for each public hearing, how the Board would deliberate, how public input would be taken, etc. He indicated that written comments are welcome until the public hearings are closed.
PUBLIC HEARING CONTINUED:
4245 East Avenue
Tax #151.14-01-01
Nazareth College
Requesting an Area Variance
Code Section 185-39
The maximum permitted height of any structure or dwelling is 30'.
Chairman, Ed Starowicz had opened the Public Hearing for 4245 East Avenue, Nazareth College on January 23rd, 2002, at the end of the of hearing the Public Hearing was closed.
David Rowe, Building Inspector, read the legal notice as published in the Brighton Pittsford Post dated, January 9, 2002.
A SEQRA Resolution needs to be prepared by the Planning Board and is not available at this time. The Zoning Board of Appeals resolution will be rendered at a Special Meeting on March 6th, 2002 if the Planning Board has submitted the SEQRA Resolution to this board.
PUBLIC HEARINGS:
73 Willard Road
Tax #177.02-1-15.2 & 16
Requesting area variances for a proposed subdivision.
Code Section 185-130 A & 130 B
Chairman, Ed Starowicz opened the Public Hearing for 73 Willard Road.
Dave Rowe, Building Inspector, read the legal notice for 73 Willard Road as published in the Brighton Pittsford Post dated, February 6, 2002.
The applicant, Ted Spall, had notified David Rowe the Building Inspector, to have this application tabled until the March hearing. The applicant is waiting for a decision from the Planning Board. Also, the SEQRA resolution will be prepared by the Planning Board and is not available at this time. If this subdivision is approved for Zoning 278 then this application will be withdrawn.
340 Gleason Circle
Tax #138.15-1-32
Woodland Estates (a.k.a. Gleason Estates)
Appealing Code Enforcement Officer's Code Interpretation
Regarding Legality of Use in a B Residential District.
Chairman, Ed Starowicz opened the Public Hearing for 340 Gleason Circle, Woodland Estates.
Dave Rowe, Building Inspector, read the legal notice for 340 Gleason Circle, Woodland Estates, as published in the Brighton Pittsford Post dated, February 6, 2002.
Mindy Zoghlin, 31 Erie Canal Drive, Rochester, attorney for Marcy Wilcove and other concerned residents, addressed the Board as to whether Gleason Estates needs use variance, to allow St. John Fisher College to use the Gleason Estates as an off-campus dormitory. Ms. Zoghlin also addressed the issue of what the definition of a family is as per Town code.
Ms. Zoghlin outlined cases that have dealt with these issues. She indicated that the cases that the attorney for St. John Fisher College outlined, in his written submission to the Board were ones where the use was located in a proper zoning district and were, therefore, permitted. Those cases would not be of any help to this Board in order to render a decision. The use should not be permitted in this B Residential Zoning District Board should reverse the Code Enforcement Officer's decision.
Ed Starowicz commented that the issue the Board has before it is whether Woodland Estates is being used as a dormitory use or just being rented by students through St. John Fisher College. All of the other issues presented such as the traffic study of 1969, addition egresses, widening of the road, traffic problems mentioned in the December 10, 2001 letter sent to David Rowe from Ms. Zoghlin and the like are not part of the determination. Rich Williams confirmed Ed Starowicz statement.
Ms. Zoghlin commented that these issues should be taken into consideration and that the board should have all of the facts before rendering a decision.
Richard Williams commented that the Board need only determine if the units are being used as a college use. The physical character of the complex has not changed, so that it is only the use that is before the Board.
Ms. Zoghlin agrees in part, that "dormitory" is a nice way of describing what happens when 4 undergraduates sleep in small quarters. What has occurred here is different from the situation where a student shows up and finds an apartments and the parents pay for it. This is different because St. John Fisher has an active presence, as a college, in this development. They are doing what was mentioned earlier in the meeting.
Mr. Williams asked if Ms. Zoghlin is saying that if they had put an ad in the paper welcoming college students and the college students rented directly from the management of Woodland Estates, she would not consider that college use?
Ms. Zoghlin indicated that circumstance would not be a college use because you would not have the shuttle buses, the security, resident advisors and you would not have the agreement with the owner of Woodland Estates to keep these 35 or so units available for rent for undergraduate students.
Discussion continued regarding the scenarios of whether or not a small or large amount of students constitutes a "dormitory use" with the college being involved. As to where you draw the line as to 1 advisor and 135 students more or less and will all the items that St. John Fisher College offers the students in Woodland Estates, Ms. Zoghlin is not sure. This board has to determine where to draw the line, with the facts and issues in front of them, and based on these facts she feels that the college has over stepped this line.
The board members wanted to know if the ratio of students renting would be about 10 - 15%? Are the students clustered in one area or spread throughout the complex?
The letter from Kelly Cline the Fire Marshal of the Town of Pittsford, dated February 12, 2002 includes the diagram of the complex showing where the students are located indicating that the students are dispersed throughout the complex. The ratio is about 10-15% of the rented units.
David Rogachefsky measured the 2-bedroom units and determined that the units are about 1,000-sq. ft. based on the exterior sq. ft. and not the 650-sq. ft. that Ms. Zoghlin indicated.
No further questions from the board at this time.
Alan Knauf, attorney for Mr. Elliott Landsman the owner of Woodland Estates, reviewed their letter dated December 26, 2001sent to Mr. David Rowe, regarding the use of the students in Woodland Estates in the 32-townhouse units rented by St. John Fisher College, stating that this agreement does not change the use of the property from an "apartment house" to a "dormitory." Mr. Knauf reviewed some the other issues outlined in the letter such as:
The Town Code Section 185-25 C, of the B-Residential district zoning definition of an "apartment", and 185-8 the definition of a "Family".
He outlined a number of cases, which he feels addresses the issues which have been raised regarding the renting of students through an agreement with St. John Fisher College and Woodland Estates.
The question he feels that needs answering is, are these apartment houses or a dormitory? The definition of the word "dormitory" is not defined in the Town Pittsford code, but apartment houses are defined. He feels that it would be "a real stretch" to say that these are not apartment houses. Mr. Knauf commented that Ms. Zoghlin sited some things from 1969 which the board has pointed out are not relevant and he did want to point out that the 1969 proposal was not the proposal that was built. There were changes made to the plans when the complex was built in 1972. It probably would not be of any use to look at the 1969 proposal.
Further, it is important too note that the students are scattered without the complex.
As a comparison, if someone in town had a house and wanted to rent to the students would this be considered dormitory use? Clearly not. You would have to investigate every house and apartment in town to see who the residents are.
Mr. Elliott Landsman commented that when in 1969 the complex was proposed the Zoning Board of Appeals approved it. In 1972 when the complex was actually built there were a number changes made to the proposal.
ZBA member Rogachefsky measured the apartments to be approx. 1,000-sq. ft. for the 2-bedroom apartments. The living room and dining room is about 600-sq. ft. They also have 1-bedroom apartments (studio apartments) that are that size. The 1969 information that Ms. Zoghlin has is not accurate as to what was actually built.
Mr. Rogachefsky asked why the units are not rented directly to the students instead of through St. John Fisher College.
Mr. Landsman stated that that was the request made to them. They were happy to accommodate St. John Fisher College once the details for the agreement was worked out. The students were restricted to two cars per unit. This situation has worked out for them and there have been minimum complaints from the other residents. There are two apartments rented to resident advisors from St. John Fisher, not college security.
Mr. Knauf commented that there are not security personnel living in the complex.
Mr. Starowicz asked a series of questions. Are fire code issues handled by the complex and its organization? Are fire drills conducted for the students? Would the complex rent to a fraternity the same way it rents to the college? If there were farmers in the area that need housing for workers would the complex rent to such laborers? What are the criteria of renting?
Mr. Landsman stated that there are no fire drills conducted for the apartment complex. He is not sure if they would rent to the fraternity. He would consider renting to farm laborers. If the availability were there he would most likely rent to farm laborers. Mr. Landsman felt it would be discrimination to not rent to anyone who could meet the standards for rental of the units. The complex is screened year round and only can be seen from Country Club Road. There is no street exposure.
Tom Greiner, attorney with Nixon Peabody, on behalf of St. John Fisher College, stated that he agrees with the town's attorney that the issue here is not whether or not this is used as a dormitory, but, rather, whether there is a college use. The uses that occur at a college are classrooms, athletic facilities, teachers and students. This is clearly not happening here.
Mr. Griener indicated that he sent a letter to Dave Rowe dated February 6, 2002, referencing the definition of "dormitory" as a housing unit for the use of students, which is an essential necessary use from code for an institution of higher learning. He has worked with St. John Fisher College for over 20 years and feels that St. John Fisher College has gone to the Town with whatever they have planned to do, and have applied for the proper paperwork when necessary. The college has tried to be responsible regarding this situation and has supplied the students renting in Woodland Estates the shuttle bus, security guards and the resident advisors. The "use" is the same as always and that is the only issue before this board. The people in the complex do not have a problem with the students being there. Some of them have been there for over 20 years. St. John Fisher College wants the students to have a sense of community, and to be responsible to each other and the residents of the complex.
ZBA member Webster asked who would have the authority if something happened and the students would need security? Who would respond? What is the reason for college security to be there?
Mr. Greiner commented that the Monroe County Sheriff would respond.
Mr. Webster asked if the college security guards are there to give a sense of comfort to the surrounding residents of the complex?
Mr. Greiner responded that college security is there to help make the residents of the complex more comfortable and is only just a part of it, but they want to be responsible as to what the neighbors think of them.
Dean DeJesus, Dean of Students for St. John Fisher College, commented that there is security driving around the complex but the Sheriff's Department would be the one to handle any issues. It could be either, but the students and the managers of the complex are instructed to call 911 for any emergency. The college security is not at the complex 24/7, only early evening and late at night.
ZBA member Dounce wanted to know if the security guards know which apartments have the students in them?
Mr. Landsman stated that the security guards would know which ones house the students because of the agreement and the security guards just drive around the complex checking things out.
Mr. Greiner stated that the security guard impact on the community is minimal and the shuttle bus lessens the impact of traffic from the students. The college could withdraw these items but they feel that it would be a greater impact on the community if these services were not in place.
Mr. Starowicz commented that if these services were not available the impact in the complex and surrounding areas would be greatly impacted. He asked if there are kitchens available in the dormitories? Would the students be responsible for the damage to an apartment?
Mr. DeJesus commented that there is a kitchen in what the call a "common area". The dormitory consists of 8-10 students sharing a bath and a common hall in a suite type setting. The students who live at Woodlands are given a handbook and they are to live by those rules as if they are on campus. If the students were responsible for damage they or the school would pay for the damage and then would collect from the students. Freshman students must live on campus and only juniors and seniors will be living in the complex.
There were no additional comments from the board members or the public.
Mr. Williams asked Mr. DeJesus if the students had rented the apartments directly and had then requested that the college provide the additional services (shuttle bus, security, etc.), would the college do so?
Mr. DeJesus stated that the college would not do so. They want the students to be responsible adults. Their goal is to educate.
Discussion continued regarding as to how long this agreement would remain in place between Woodland Estates and St. John Fisher College. Mr. Greiner indicated that he was not sure. In the event the new dormitory will hold all of the incoming students next fall, the college would not need to continue the arrangement with the complex. They do, however, have a two-year agreement with Woodland Estates if they need apartment units next year.
Mr. Starowicz stated that the Board should stay away from future issues. Right now the Board is only dealing with the current situation and the current application before it.
Ms. Zoghlin requested a copy of the agreement between Mr. Landsman, as owner of Woodland Estates, and St. John Fisher College regarding the renting of the units to the students.
Mr. Williams stated that this is a code enforcement issue as to whether there has been an illegal change of use of the Woodlands Estate parcel.
Mr. Starowicz commented that Ms. Zoghlin has indicated that the introduction of the relationship between the college and Woodlands Estate has made life worse for the residents and has had a negative health, safety and welfare impact on the area. Yet as he looks at the college involvement here is really designed to help insure that there would be no great impact and that the impact would be lessened. The shuttle bus would decrease the trips of cars; some security in the complex just to provide a sense of comfort; the resident advisors to be involved with the students who perhaps are away from their families for the first time; or just to be there if the student have any problems. He supposed that the college could withdraw these services and yet these are here to help the community.
Mr. Starowicz further commented that he understood the need to lessen the traffic to but the shuttle bus would help lessen the taxis and other cars, and there are busses that come to Woodland Estates, which is on a bus line. There are three or four other rental properties along Country Club Road. If you rented these to college students would that constitute a dormitory in those homes? He raised a question as to whether there are any standards for off campus housing, in other words guidelines that would have to be met?
Mr. Greiner commented that there were none that he knew of.
Ms. Zoghlin requested that the Public Hearing be held open.
Mr. Greiner indicated he believes all of the Board's questions have been answered.
Mr. Starowicz stated that the Board has heard all of the information necessary.
A five-minute break has been requested.
Discussion followed regarding the issues that have been addressed. There were no additional comments from the board or the public.
Mr. Webster moved to close the Public Hearing.
Motion seconded by Mr. Dounce
All those in favor: All Ayes
The Zoning Board of Appeals will hold a Special Meeting on March 6th @ 7:00 p.m. to render a decision on this matter.
This is a "Type II" action under SEQRA, requiring no further action.
REVIEW/APPROVAL OF MINUTES:
January 21, 2002 minutes.
Minutes approved as written.
Roll Call: All Ayes
APPLICATIONS FOR FEBRUARY 18TH MEETING:
- 60 Falcon Trail - Area Variance: George Dounce
- 83 Brook Road - Area Variance: George Dounce
- 26 East Park Road - Area Variance: Barbara Servé
- 3400 Monroe Avenue, Simon's Baby Furniture - Area Variance for flood plain: Dave Rogachefsky
- 966 Linden Avenue, Pellegrino's Deli Café - Area Variances: Larry Magguilli
- 161 South Wilmarth Road, Crown Atlantic Company - Area Variance: Rufus Falk
- 773 Linden Avenue, Adult Entertainment Facility - Area & Use Variances: Ed Starowicz
Meeting adjourned at 9:45 p.m.
All Ayes
Respectfully submitted,
Sandie Freitag
Zoning Secretary
OFFICIAL BOARD MINUTES ARE ON FILE IN THE OFFICE OF THE TOWN CLERK