ZONING BOARD MINUTES
March 19, 2001
Approved 04/16/01
Posted 04/17/01
Minutes of the Zoning Board meeting held In the Town Hall basement meeting room, 11 South Main Street, Pittsford, on March 19, 2001, and filed in the Town Clerk's office.
PRESENT
Ed Starowicz, Barbara Servé, Rufus Falk and George Dounce and David Rogachefsky
ALSO PRESENT
Richard Williams, Attorney, David Rowe, Building Inspector, Sandie Freitag, Secretary for the Zoning Board of Appeals, Sandra Zutes, Town Board Liaison
MEMBERS ABSENT
Peter Webster, Larry Magguilli
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.
110 French Road
St. Bernard's
Tax Parcel #151.09-1-1
Requesting an Area Variance
Application is withdrawn from the March 19, 2001 meeting and to be rescheduled for the April 16, 2001 meeting per the letter sent to Edmund Starowicz, Chairman of the ZBA dated March 16, 2001 from Gary Smith, D. J. Parrone Associates, PC.
42 Lochnavar Parkway
Tax Parcel #151.07-1-39
Requesting an Area Variance
Code Sections 185-15 C (3), Requiring a side setback of 20'.
Chairman, Ed Starowicz opened the Public Hearing for 42 Lochnavar Parkway.
David Rowe, Building Inspector, read the legal notice as published in the Brighton Pittsford Post dated, March 7, 2001.
The Board Members reviewed the application and the question was raised if there was any other possible location for this addition to be built.
Mr. McKay commented yes there could be another place for this addition, but this is the best place but it could go unless the board required that he changes the location.
There were no additional comments from the board or the public.
This is a Type II Action - no further action taken. Local matter, no SEQRA required.
George Dounce moved to close the Public Hearing.
Seconded: Barbara Servé
107 Knollwood Drive
Tax Parcel #138.13-1-18
Requesting an Area Variance
Code Section 185-15 C (3), Requiring a side setback of 20'.
Chairman, Ed Starowicz opened the Public Hearing for 107 Knollwood Drive.
David Rowe, Building Inspector, read the legal notice as published in the Brighton Pittsford Post dated, March 7, 2001.
Allan Brodine, 107 Knollwood Drive, with agent Chris Harries, Handler, Grosso & Durfee Architects, presented additional letters from the neighboring residents, Mr. & Mrs. Castle of 68 Knollwood Drive, Exhibit "A', plus letters from other neighbors stating that they were not against the addition as long as the garage and addition is used for family use only.
Discussion followed.
The board members concerns were if Mr. Brodine planned to enlarge the driveway and if there were any other location for the placement of the garage and what is the size of the garage?
Mr. Brodine commented that yes the driveway would be somewhat enlarged and that the garage could be placed in the northwest corner of the house but architecturally this was the best place for construction. The proposed size of the garage will be 12' x 22'.
Ed Starowicz asked if there were any additional comments either from the board or the public.
Mr. Steven McKay, 111 Knollwood Drive, submitted a letter from Rick Castle withdrawing his objection to addition as long as Mr. Brodine uses it for family members and does not rent it out. The residents want to keep the neighborhood single family dwellings, and not rentals. Mr. McKay stated that this has happened in other neighborhoods and did not want this to happen in Pittsford. The other residents and the Homeowners Association have no objections.
R. Williams, attorney for the Zoning Board, commented that the only issue in front of this board is the request for the area variance for the construction of the garage within the side setback and not the issue of the proposed in-law addition. The issue of enforcement will be the responsibility of the Building Department of the Town of Pittsford. There is no consent being implied or given regarding the in-law apartment, just the application for the construction of the garage is the issue here.
This is a Type II Action - no further action taken. Local matter, no SEQRA required.
DAVID ROGACHEFSKY moved to close the Public Hearing.
Seconded: ED STAROWICZ
3180 Monroe Avenue
Tax Parcel #150.12-1-8.1
Requesting an Area Variance
Wendy's Restaurants of Rochester
Code Sections 185-121 A & B, Requiring that no fence or hedge shall be constructed no higher than 3' within the front setback and no fence shall be over 6' in height.
Chairman, Ed Starowicz opened the Public Hearing for 3180 Monroe Avenue.
David Rowe, Building Inspector, read the legal notice as published in the Brighton Pittsford Post dated, March 7, 2001.
Greg Barkstrom, agent for Wendy's Restaurants of Rochester, reviewed the application and stated that the Planning Board requested this fence to balance the mass of the building and to shield the parking lot from Monroe Avenue. The fence will be 6' in height and will have an additional cap on the ends, which will bring the end of the fence height to 6' 8".
GEORGE DOUNCE asked as to what would Wendy's do if this application were denied.
Greg Barkstrom stated that he would have no idea. He would have to go back to the architect and see what additional requests would be asked for by the Planning Board. The color of the fence will be forest green to match the color around the windows.
There were no additional questions from the board.
Public Comments
Linda Peck, 4383 East Avenue, would like to see color renderings as to how this building will fit in to the architectural over all look along Monroe Avenue before the construction of the building begins.
ED STAROWICZ stated that coloring renderings are in the Building Department at the Town Hall for anyone to see.
This is a Type II Action - no further action taken. Local matter, no SEQRA required as per Planning Board's referral.
RUFUS FALK moved to close the Public Hearing.
Seconded: GEORGE DOUNCE
4245 East Avenue
Tax Parcel #151.14-1-1.00
Nazareth College/Scene Shop
Requesting an Area Variance
Code Section 185-39, Maximum Height Restrictions states that no structure or dwelling over 30' in height except chimneys attached to said structure may extend 5' above the highest point of the building.
Chairman, Ed Starowicz opened the Public Hearing for 4245 East Avenue.
David Rowe, Building Inspector, read the legal notice as published in the Brighton Pittsford Post dated, March 7, 2001.
Frank Hagelberg, Harter Secrest, Emery and Roger Johanson, architect from FJF Architects, presented the application for the expansion of an addition on the east side of the Arts Center.
Roger Johanson, FJF Architects, presented the drawings for the Board to review. He proceeded to describe in detail the drawings and answer the Board's questions.
Steve LaSalle, Vice President for Nazareth College, stated that this proposed addition would be used for the students to build their sets when there is a production in progress in the theater. At the present time there is no place for the students to continue to work on the sets required for their productions and when not being used for any plays this room would be used for a classroom.
This building will be 35' from the pedestrian grade and it will be 49' from the parking lot grade on the eastern side.
Discussion followed
Regarding skylights and grading issues as to the fact that the new addition is substantially lower than the existing structure. Also, ownership of the property in question, the application stated that the property belonged to the Sisters of St. Joseph's. Is a completion date of 3/2003 to unrealistic?
Steve LaSalle stated that this property does belong to Nazareth College and that the ownership presented in the application was a typo. March 2003 is plenty of time for the construction of this addition. There will be skylights installed in the north elevation to let in extra light.
No further comments from the Board.
Public Comments:
Louis Peck, 4383 East Avenue, is opposed to this entire project; his concerns are with fire lanes, and other issues. The proposed addition is nicely designed.
This is a Type II Action - no further action taken. The Planning Board has addressed the SEQRA.
D. ROGACHESKY moved to close the Public Hearing.
Seconded: B. Servé
3349 Monroe Avenue
Tax Parcel #150.12-1-18
Wegmans Food Market of Rochester (Chase Pitkin)
Requesting an Area Variance
Code Sections 185-42 E Restriction of Sales states, no sales shall be conducted except from a permanent enclosed structure.
Chairman, Ed Starowicz opened the Public Hearing for 3349 Monroe Avenue the Chase Pitkin store.
David Rowe, Building Inspector, read the legal notice as published in the Brighton Pittsford Post dated, March 7, 2001.
Discussion followed
Carol Duquette, of Wegmans Food Markets, presented the application for Chase Pitkin to remove the required renewal portion of the resolution of the Zoning Board of Appeals dated April 25, 1995 for sales under the 112' x 28' canopy that at the present time is covering the sidewalk. There was a 5-year renewal condition and per the concerns regarding the pedestrian safety and traffic issues. At the present time there has been no reported issues from anyone. Their request is to make this a permanent structure for outdoor sales. The items to be sold out there would be live plants and birdbaths and items related to live plants.
The other part of the application is to sell live plants from a sales area "corral" in the north parking lot adjacent to the Monroe Avenue exit next to the existing Chase Pitkin building.
There will be two tents of 20' x 40' to cover the area for filtering the light on the live plants. This will not be a permanent structure and can be removed at any time. The selling time frame for live plants starts in April and goes through to the end of July. The time frame can at the board's discretion. This "corral" will be using about 15 parking spaces, which are now being used by the employees of Chase Pitkins. If the Board permits this application the employees will be instructed to park their cars on the other side of the entrance from Monroe Avenue and cross over to the store. Wilmorite has installed "Stop" signs for the pedestrian crossing. Carol Duquette (Wegmans) stated that the traffic flow and pedestrian traffic have been studied and they don't see that this proposal will be a problem. As stated in the minutes for the Planning Board of November 28, 1994, the parking ratio will not change as follows:
Comments from the Chase Pitkin Site Plan:
- The Zoning Ordinance requires "a parking area of sufficient size to accommodate the motor vehicles of all employees and business guests." The existing Plaza has a parking ratio of 4.6 per 1,000-sq. ft. of gross leasiable area (G.L.A). The Planning Board's current parking standard, Performance Zoning, would call for a ratio of 5.5-spaces/1000 sq. ft. of G.L.A. This would not alter this condition of the Planning Board's comments for this site plan.
- There will be no additional lighting but there be a need for a system to water the plants.
- There is a water connection that would be uncovered and tapped for this use.
Mr. Lum, assistant manage of Chase Pitkin of Rochester, has done a number of these sales areas locally and they work out really well. The proposed display size will be 20'x 40' and the plants will stay out all the time. The mall security will be enough for the store, no additional security will be added. If the proposed location is a problem with this Board the "corral" can be moved to another location in this particular parking lot, preferably next to the existing store as shown on the maps in this application. There will be a cash register area under one of the tents. The Farmers Market has been relocated to the parking lot behind Cohoes because of Charter One Bank being constructed in its prior location. This would not effect the Farmers Market's parking, this area of parking is not figured into the parking equation. The manager of Chase Pitkin is agreeable to trying this for a one-year term and to revisit this proposal at the beginning of next year. There will be no Christmas trees sold at this location. The sales area will be only for about 4 months, from April through July. At the present time the sunlight which filters into the store is not enough for the plants and the manager has had to have plants delivered 3 to 4 times a week in order to have plants that are in bloom. Once the plant looses it blossoms they no longer sell and therefore the store is losing considerable amount of money. There is no other location for this plant sale area to be put in the plaza.
The Board's concerns are the site line for people driving vehicles at the corner of the parking lot. The structure should be moved closer to Monroe Avenue and away from the corner of the building. The fence and the plants could affect the vision from cars and also block the line of sight for the pedestrians' crossing over in front of the sales area in the parking lot to the store. Pedestrian and traffic safety is first and foremost concern of this board. The parking for the Buffalo Bills Training Camp could be a problem during the month of July and August. This sales area will have to be removed before this function takes place. An additional concern regarding the sales area is that the fence they propose will not deter the children from the parking lot area and that it should be understood that the children should be watched at all times. The board members would like to see the corral area moved further back (closer to Monroe Avenue) and away from the corner of the building, and that the plants to be placed to the front of the sales area to not be any taller than 3' in height. The cash register is to be to the rear of the sales area (closer to Monroe Avenue).
Public Comments:
Linda Peck, 4383 East Avenue, concerns were regarding the time frame for the Buffalo Bills Training Camp and the Farmers Market. She feels that this proposal will detract from the Farmer's Market and it is important to promote this, and the parking for the Bills Camp would be decreased.
Lori Gilmore, 119 Brittany Lane, the presentation was done well. Pittsford for has an upscale look to it and that is why she moved here. Her concerns are as to what Pittsford Plaza will look like further down the road. The parking lot is quite a problem now and feels that this proposal should have a trial run and be reviewed at the end of this selling season.
John Parker, 255 Woodland Road, this area variance should be issued for only 1-year and reviewed for and concerns or problems at the beginning of next year. He other concern is the parking for the Bills Camp. The sales area should be removed prior to this event.
Marty Brewster, stated that the Buffalo Bills do not have available to them the parking lot on Linden Avenue this year.
The manager of Chase Pitkin assures the board that the corral will be removed by the time the Buffalo Bills Camp starts.
There were no additional comments.
This is a Type II Action - no further action taken. Local matter, no SEQRA required.
Ed Starowicz moved to accept the Planning Board as lead agency for this application.
Seconded: George Dounce
Ed Starowicz moved to close the Public Hearing.
Seconded: George Dounce
No additional comments.
RESOLUTIONS
42 Lochnavar Parkway
Tax Parcel #151.07-1-39
Requesting an Area Variance
Code Sections 185-15 C (3), requiring a side setback of 20'.
David Rogachefsky moved to grant the owners of 42 Lochnavar Parkway their request for an Area Variance, which will allow the construction of an addition.
Seconded: G. DOUNCE
Roll Call: All Ayes
- A resolution was passed granting approval for the requested area variance of 18' side setback to allow construction of a new addition within the side setback of 20'.
See resolution attached for Findings of Fact and Special Conditions.
107 Knollwood Drive
Tax Parcel #138.13-1-18
Requesting an Area Variance
Code Section 185-15 C (3), requiring a side setback of 20'.
B. Servé moved to grant the owners of 107 Knollwood Drive their request for an Area Variance, which will allow the construction of an additional bay on the existing garage.
Seconded: ED STAROWICZ
Roll Call: All Ayes
- A resolution was passed granting approval for the requested area variance of 18' side setback to allow construction of a 3rd-bay garage addition within the side setback of 20'.
See resolution attached for Findings of Fact and Special Conditions.
3180 Monroe Avenue
Tax Parcel #150.12-1-8.1
Requesting an Area Variance
Wendy's Restaurants of Rochester
Code Sections 185-121 A & B, Requiring that no fence or hedge shall be constructed no higher than 3' within the front setback and no fence shall be over 6' in height.
Rufus Falk moved to grant the owners of 3180 Monroe Avenue their request for an Area Variance, which will allow the construction of a 6' 8" fence within the front setback.
Seconded: G. DOUNCE
Roll Call: All Ayes
- A resolution was passed granting approval for the requested area variance to allow construction of a 6' 8" fence within the front setback when the code will not allow any structure over the height of 3' to be built within the front setback.
See resolution attached for Findings of Fact and Special Conditions.
4245 East Avenue
Tax Parcel #151.14-1-1.00
Nazareth College
Requesting an Area Variance
Code Section 185-39, Maximum Height Restrictions states that no structure or dwelling over 30' in height except chimneys attached to said structure may extend 5' above the highest point of the building.
Ed Starowicz moved to grant the owners of 3180 Monroe Avenue their request for an Area Variance, which will allow the construction of an addition to the Arts Center.
Seconded: Barb Servé
Roll Call: All Ayes
- A resolution was passed granting approval for the requested area variance to allow construction of an addition to the existing Arts Center to be 49' from the parking lot grade.
See resolution attached for Findings of Fact and Special Conditions.
3349 Monroe Avenue
Tax Parcel #150.12-1-18
Wegmans Food Market of Rochester (Chase Pitkin)
Requesting an Area Variance Modifications
Code Sections 185-42 E Restriction of Sales states, no sales shall be conducted except from a permanent enclosed structure.
Ed Starowicz moved to grant the owners of 3180 Monroe Avenue their request for an Area Variance, which will remove the time frame for review and allow sales under the 28' x 112' canopy.
Seconded: G. DOUNCE
Roll Call: All Ayes
- A resolution was passed granting approval for the requested modifications to the prior area variance granted on April 25, 1995, to remove the condition for renewal and to allow continued sales of live plants and related items to remain under the 28' x 112' canopy.
See resolutions attached for Findings of Fact and Special Conditions.
3349 Monroe Avenue
Tax Parcel #150.12-1-18
Wegmans Food Market of Rochester (Chase Pitkin)
Requesting an Area Variance
Code Sections 185-42 E Restriction of Sales states, no sales shall be conducted except from a permanent enclosed structure.
Ed Starowicz moved to grant the owners of 3180 Monroe Avenue their request for an Area Variance, which will allow Chase Pitkin to install a temporary sales area "corral" in the parking lot to the north of the existing store.
Seconded: G. DOUNCE
Roll Call: All Ayes
- A resolution was passed granting approval for the requested area variance and the area variance for the proposed sales area to be held within the parking lot next to the existing Chase Pitkin building.
See resolutions attached for Findings of Fact and Special Conditions.
REVIEW & APPROVAL OF MINUTES
- April 17, May 15, June 19, July 17 and December 18, 2000
Minutes approved as written.
Roll Call: All ayes
- New Applications for Public Hearings for April 16, 2001
- 110 French Road, St. Bernard's - Area Variance
- 3690 St. John Fisher College - Area Variance
- 22 Stoney Clove Lane - Area Variance
- 35 Pickwick Drive - Area Variance
- 111 French Road - Area Variance
Ed Starowicz moved for adjournment at 10:30 pm.
Seconded: David Rogachefsky
Roll Call: All Ayes
Respectfully submitted,
Sandie Freitag
Zoning Board of Appeals Secretary
TOWN OF PITTSFORD
THE OFFICIAL BOARD MINUTES ALONG WITH ATTACHMENTS, IF ANY, ARE ON FILE IN THE TOWN CLERK'S OFFICE, LOCATED IN THE PITTSFORD TOWN HALL, 11 S. MAIN STREET, AND ARE AVAILABLE FOR REVIEW DURING REGULAR BUSINESS HOURS OF 9:00 A.M. TO 5:00 P.M. WEEKDAYS.