ZONING BOARD MINUTES
April 21, 2008

Approved 05/19/2008

Posted 05/21/2008

Please take notice that the Town of Pittsford Zoning Board of Appeals held the following public hearings on Monday, April 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, Michael Rose, Barbara Servé and Robert Shaddock

ABSENT
Peter Webster & John Bernacki, Town Board Liaison;

ALSO PRESENT
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 April 9, 2008, Wednesday edition of the Brighton Pittsford Post.

PUBLIC HEARING CONTINUED

3690 East Avenue
Tax #138.19-1-1.1
Requesting relief from Code Section 185-39
Requiring that no structure shall exceed 30' in height
Robert Burgdorf, of Nixon Peabody, Attorney for St. John Fisher College, presented the new elevations and landscaping plans showing the berm and additional plantings which was submitted on April 7, 2008 for the board's review. There were also photo simulations of the new Welcome Center submitted showing the view from several surrounding properties. The new building will be a total of 39' and approximate 17,555-sq. ft. St. John Fisher College has had several meetings with the surrounding neighbors and they seem satisfied with the new proposal. The school will also be putting in plantings on the private drive to screen the new building from the residents in that neighborhood.

Comments and questions from the board members:
There were no additional comments from the board members.

Comments from the public:
There were no comments from the public.

This is a local matter. The Planning Board did a SEQRA resolution and granted final approval for the Site Plan and Special Permit on April 14, 2008.
George Dounce moved to close the Public Hearing. Seconded: David Rogachefsky
The Public Hearing is closed.

3 Prospect Hill Road
Tax #150.16-1-30
Requesting relief from Code Section 185-15 C (3)
Requiring a 20' side setback
Peter Todd, owner of 3 Prospect Hill Road, presented their application for a small cedar closet and changing room for his wife. It will encroach 5' into the side setback, the neighbor's garage will face this addition and the neighbor has no problem with this application. This addition will be mainly to the back of the house and very little of it will be visible to the front of the house.

Comments and questions from the board members:

1. Several of the board members have driven by the house.
2. Did any of the neighbors have any issues with this addition?
3. Will the trees remain?
4. When do you plan on starting construction?
5. Will the roofing and siding match?

Mr. Todd responded that the neighbor most affected has no problem with this application the tree line will screen this addition from his house. No comments from any of the other neighbors. They would like to start construction the first week in June. The roofing and siding will match and the addition will match the roofline of the house.

Comments from the public:
There were no comments from the public.

This is a local matter therefore there are no comments from Monroe County Planning & Development Department. This is a Type II Action therefore is not subject to a SEQRA review.
Barbara Servé moved to close the Public Hearing. Seconded: Michael Rose
The Public Hearing is closed.

41 Sunset Blvd.
Tax #164.09-3-70
Requesting relief from Code Sections 185-23 C (3) & 185-113 C (6)
Requiring a 15' side setback
Martin Haibach, owner of 41 Sunset Blvd., stated that this location for the inground pool was the least invasive to the neighbors, there is a 6' privacy fence on this side of the lot. He had no additional information to add to his application.

Comments and questions from the board members:

1. Does the neighbor along the side lot line have a problem with the pool?
2. Could the pool be moved closer to the patio a couple feet?
3. When do you plan on having the pool completed?

Mr. Hailbach responded that the neighbor on the side is about 75' away from the lot line and they think that this house is up for sale. They have put a deposit down on the pool to hold the installation date and they would have the pool installed in May. They did not want to move the pool closer to the patio cause they want to put a fence only around the pool and not the entire backyard.

Comments from the public:
There were no comments from the public.

This is a local matter therefore there are no comments from Monroe County Planning & Development Department. This is a Type II Action therefore is not subject to a SEQRA review.
George Dounce moved to close the Public Hearing. Seconded: Rufus Falk
The Public Hearing is closed.

9 Shire Oaks Drive
Tax #151.12-1-36
Requesting relief from Code Section 185-15 C (3)
Requiring a 20' side setback
Lorence Floss, owner of 9 Shire Oaks Drive, stated that he build the shed within the side setback and in an easement. The shed needed to be 20' from the lot line and that way he would not have needed a variance. He thought he was within code but he was unaware that he needed a building permit or a variance to allow the shed in his backyard in it current location.

Rich Williams stated that the Town Board has granted a Hold Harmless Agreement on March 24, 2008 for this shed that is within the drainage easement.

Comments and questions from the board members/public:
There were no additional comments from the board members or the public.

This is a local matter therefore there are no comments from Monroe County Planning & Development Department. This is a Type II Action therefore is not subject to a SEQRA review.
Michael Rose moved to close the Public Hearing. Seconded: Rufus Falk
The Public Hearing is closed.

9 Larwood Drive
Tax #150.16-1-57
Requesting relief from Code Section 185-15 C (1)
Requiring a 70' front setback
Peter Palermo, owner of 9 Larwood Drive, stated that they could not even open their car doors very wide to get out of their cars, they would like about 15' more added to the garage for more room for their cars and a storage place for their garbage cans, instead of leaving them outside all of the time.

Comments and questions from the board members:

1. The garage is not wide enough for your two cars?
2. Do the neighbors have any problem with this application?

Mr. Palermo responded that none of the neighbors have a problem with this application; the garage is not wide enough for today's cars.

Comments from the public:
There were no comments from the public.

This is a local matter therefore there are no comments from Monroe County Planning & Development Department. This is a Type II Action therefore is not subject to a SEQRA review.
George Dounce moved to close the Public Hearing. Seconded: Rufus Falk
The Public Hearing is closed.

16 Round Trail Drive
Tax #164.19-2-54
Requesting relief from Code Sections 185-19 C (1) (3)
Requiring a 50' front & 15' side setback
Jim Johnson, owner of 16 Round Trail Drive, and Joan Spencer was also present, outlined their application and they are aware that Mr. Alexei Kozlov, 14 Round Trail Drive is not happy with their application and is here tonight to tell the board his reasons. Mr. Johnson offered to withdrawn their application until they can work out an agreement with their neighbor, and take into account his concerns.

Comments and questions from the board members:

1. The board suggested that the applicant not withdraw the application but the board can be hold the application over until the May meeting to give the two neighbors a chance to come to an agreement regarding this application.
2. Will the height of the addition be a problem in this district?
3. Will the trees remain along the front of the house?

Mr. Johnson stated that they are aware of a drainage problem and they plan on fixing this so it will not run into the neighbors yard any more. They plan on lowering the driveway and the addition and that will help with the drainage. The trees will remain along side for his property.

Comments from the public:
Alexei Kozlov, 14 Round Trail Drive, outlined his concerns, the proposed addition will impact the picnic area, family and living rooms, and the lower level bedroom because it will block the sunlight into the house and they will be in shade 24/7. It will also decrease the value of their home. They have a spectacular view down Knickerbocker Hill and this will be lost if the addition is built. They feel that if this addition is constructed as proposed it will seriously affect their quality of life.

David Rogachefsky commented that the hearing would be held over until the May meeting to give the two neighbors an opportunity to resolve any issues that the neighbor may have.

Mr. Johnson stated that he does not want any bad feelings between him and his neighbor and does not have a problem with holding the hearing over until next month.
This Public Hearing will be held over until the May 19, 2008 meeting.

24 Amber Hill Drive
Tax #177.04-2-49
Requesting relief from Code Section 185-31 A under Section 278
Requiring a 20' rear setback
Brett Manski, owner of 24 Amber Hill Drive, presented the application and stated that he was quite surprised that there was a 20' rear setback. They have a walkout basement and would like to have the pool as far as possible from the steps going down into the basement. With allowing the pool to be 5' off the property line they wanted to be able to have room to fence in the pool and not the whole yard it would be just too much fence. They tried to place the pool in many different places but it was very hard to find a place in the yard that the pool would not need a variance.

Comments and questions from the board members:

1. Could the pool be straightened out so that it goes perpendicular along the lot line?
2. Will there be any trees along the back property line?
3. Why is the setback 20' in this subdivision? Is it because it backs to farmland?
4. Could this pool be installed 8' or 10' from the lot line?
5. Did you check for the restrictions on the yard before you decided to buy a pool?
6. The board's responsibility is to minimize as much as possible the variance that is requested by the applicants. This variance is a very large percentage from code.

Mr. Manski responded that they did try to place the pool along the lot line but it didn't fit. They do have a landscaping plan to screen the pool and there will be trees included in the plans. They were not aware of the 20' rear setback on their property and do not understand why there is such a restriction for this subdivision. They realize that it is a substantial percentage from code but they need a variance because they want to push the pool back away from the house a far as possible.

Rich Williams stated that the Planning Board under Section 278 put the 20' rear setback restriction on this section of the subdivision.

Comments from the public:
There were no comments from the public.

David Rogachefsky stated that he was not in favor of the proposed location of the pool and suggested to hold this application over until the next meeting so that the applicant can present other possible placements for this lap pool in the backyard.
This Public Hearing will be held over until the May 19, 2008 meeting.

3750 Monroe Avenue
Tax 3151.13-1-22
Requesting relief from Code Sections 185-135 A & B
Requiring only one freestanding directory sign allowed per property.
Ralph Baranes from Premier Signs Systems presented the application for the additional sign at the Norry Management Corp. building for Volt Delta's directional sign. Volt Delta is in the rear of the building at 3750 Monroe Avenue and it would be much easier for people to find them if there was a sign out toward the parking lot indicating where this business is. They share a loading dock with Vermark and they are rather hard to find.

Comments and questions from the board members:

1. Will the sign on the building be smaller than the current sign?

Mr. Baranes stated that the sign on the building would be slightly smaller than the existing sign.

This application is a local matter and is an Unlisted Action, there were no comments from Monroe County Planning and Development Dept.
George Dounce moved to grant a SEQRA resolution to the above-mentioned application.
Seconded: David Rogachefsky. Roll Call: All Ayes

Comments from the public:
There were no comments from the public on this application.

This is a local matter therefore there are no comments from Monroe County Planning & Development Department. This is an Unlisted Action therefore is subject to a SEQRA review.
George Dounce moved to close the Public Hearing. Seconded: Rufus Falk

The Public Hearing is closed.

3690 East Avenue
Tax #138.19-1-1.1
Requesting relief from Code Section 185-39
Requiring that no structure shall exceed 30' in height
Chris Evans from Veloceitel Telecommunications, outlined that the proposed application and stated that the equipment shelter will be 10' 9" higher than the exiting building, which is already 56' tall. They will be co-locating with another carrier on an existing tower instead of putting up a new tower.

Comments and questions from the board members:

1. Is the 8" platform included in the 10' 9"?

Chris Evans stated that the platform height is included with the 10' 9". Verizon has no problems with this application.

Comments from the public:
There were no comments from the public for the above application.

This is a local matter therefore there are no comments from Monroe County Planning & Development Department. This is an Unlisted Action therefore is subject to a SEQRA review.
Robert Shaddock moved to grant a SEQRA Resolution for the above-mentioned application for the telecommunications facility equipment shelter.
Seconded: George Dounce Roll Call: All Ayes
Michael Rose moved to close the Public Hearing. Seconded: Rufus Falk

The Public Hearing is closed.

RESOLUTIONS

3 Prospect Hill Road
Tax #150.16-1-30
Requesting relief from Code Section 185-15 C (3)
Requiring a 20' side setback

Discussion:
The pine trees really are an asset because the trees will screen the addition from the neighbors.

Rufus Falk moved to grant to the owners of 3 Prospect Hill Road the requested area variance to allow the construction of a new addition within the side setback at the above-mentioned property.
Seconded: George Dounce Roll Call: All Ayes

A resolution was passed granting the requested area variance to allow a 14.9' side setback when the code requires a 20' side setback 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.

41 Sunset Blvd.
Tax #164.09-3-70
Requesting relief from Code Sections 185-23 C (3) & 185-113 C (6)
Requiring a 15' side setback

Discussion:
These are big lots and the privacy fence will screen the inground pool from the neighbors.

George Dounce moved to grant to the owners of 41 Sunset Blvd. the requested area variance to allow the construction of an inground pool within the side setback at the above-mentioned property.
Seconded: Robert Shaddock Roll Call: All Ayes

A resolution was passed granting the requested area variance to allow an 8' side setback for the inground pool when the code requires a 15' side setback 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.

9 Shire Oaks Drive
Tax #151.12-1-36
Requesting relief from Code Section 185-15 C (3)
Requiring a 20' side setback

Discussion:
Sheds are common in the neighborhood and the neighbor's shed is very close to the lot line as well.

David Rogachefsky moved to grant to the owners of 9 Shire Oaks Drive the requested area variance to allow the shed to remain within the side setback at the above-mentioned property.
Seconded: Barbara Servé Roll Call: All Ayes

A resolution was passed granting the requested area variance to allow the existing shed a 12' side setback when the code requires a 20' side setback 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.

9 Larwood Drive
Tax #150.16-1-57
Requesting relief from Code Section 185-15 C (1)
Requiring a 70' front setback

Discussion:
This addition will be an improvement to the exterior of the home. The wood siding is looking weathered and will update the house the variance request is less than 10% of code.

Rufus Falk moved to grant to the owners of 9 Larwood Drive the requested area variance to allow the construction of a new addition within the front setback at the above-mentioned property.
Seconded: George Dounce Roll Call: All Ayes

A resolution was passed granting the requested area variance to allow the 64.95' front setback when the code requires a 70' front setback 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.

3750 Monroe Avenue
Tax 3151.13-1-22
Requesting relief from Code Sections 185-135 A & B
Requiring only one freestanding directory sign allowed per property.

Discussion:
The sign won't even be seen from the road it will be to the back of the property.

George Dounce moved to grant to the owners of 3750 Monroe Avenue the requested area variances to install two (2) signs: one at 102.4-sq. ft. on the building façade and one at 4.5-sq. ft. free standing at the sidewalk entrance to the building at the above-mentioned property.
Seconded: Robert Shaddock Roll Call: All Ayes

A resolution was passed granting the requested area variances to allow the two (2) new signs totaling 106.9-sq. ft. when the code allows only one sign per building 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.

3690 East Avenue, St. John Fisher College
Tax #138.19-1-1.1
Requesting relief from Code Section 185-39
Requiring that no structure shall exceed 30' in height

Discussion:
There was no additional discussion regarding this application.

Robert Shaddock moved to grant to the owners of 3690 East Avenue the requested area variance to allow the construction of a new Welcome Center over the required maximum height of 30' of any structure in the SRAA residential district at the above-mentioned property.
Seconded: David Rogachefsky Roll Call: All Ayes

A resolution was passed granting the requested area variance to allow the height of the new Welcome Center to be approximately 39' +/- when the code requires a 30' maximum height 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.

3690 East Avenue, St. John Fisher College
Tax #138.19-1-1.1
Requesting relief from Code Section 185-39
Requiring that no structure shall exceed 30' in height

Discussion:
There was no additional discussion regarding this application.

Robert Shaddock moved to grant to the owners of 3690 East Avenue the requested area variance to allow the construction of a new telecommunication facility equipment shelter over the required maximum height of 30' of any structure in the SRAA residential district at the above-mentioned property.
Seconded: David Rogachefsky Roll Call: All Ayes

A resolution was passed granting the requested area variance to allow the height of the telecommunications facility equipment shelter on the Ward Haffey Hall to be 66.9' in height when the code requires a maximum height of 30' 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 March 17, 2008 minutes
David Rogachefsky move to approve the minutes as written.
Seconded: Michael Rose

Point Persons for the May 19, 2008 meeting

PUBLIC HEARINGS CONTINUED

1. 16 Round Trail Drive, addition within the 50' front and 15' side setback: Barbara Servé
2. 24 Amber Hill Drive, pool within the 20' rear setback: Michael Rose

PUBLIC HEARINGS

1. 80 Ellingwood Drive, new addition within the side setback: Rufus Falk
2. 90 Maywood Ave, new addition within the side setback: Rufus Falk
3. 27 Lansdowne Lane, 6' high fence within the front setback: Robert Shaddock
4. 16 Bretton Woods, new addition within the front setback: Dave Rogachefsky
5. 27 Candlewood Cr., above ground pool within the side setback: George Dounce
6. 16 Beech Road, 4' high fence within the front setback: Barbara Servé
7. 353 Kilbourn Road, driving range net color change: David Rogachefsky

Meeting adjourned at 9:00 p.m.