ZONING BOARD MINUTES
January 19, 2005

Approved 02/21/2005

Posted 02/28/2005

Please take notice that the following public hearings were held by the Town of Pittsford Zoning Board of Appeals on Wednesday, January 19, 2005 in the Town Hall lower level meeting room, 11 South Main Street, beginning at 7:00 P.M. local time.

MEMBERS PRESENT
David Rogachefsky, George Dounce, Robert Shaddock, Rufus Falk, Mike Rose and Barbara Servé  

ABSENT
Peter Webster, Sandy Zutes Town Board Liaison

ALSO PRESENT
Richard Williams Attorney, David 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, attorney to the board, read the Legal Notices as published in the January 5, 2005, Wednesday edition of the Brighton Pittsford Post for the following properties:

COUNTINUED PUBLIC HEARING:

150 Alpine Drive,
Tax #138.18-2-83,
Requesting relief from Code Section 185-15 C (1),
Requiring a 70' front setback
Zoned AA Residential

John Johannesen, applicant and owner of 150 Alpine Drive, notified David Rowe by letter dated January 14, 2005 requesting a postponement of the above-mentioned application until the March 21, 2005 meeting. The applicants have not finalized their plans for the proposed addition.

PUBLIC HEARINGS:

78 Willard Road
Tax #177.02-1-11
Requesting relief from Code Section 185-120 A
Requiring a 70' front setback.
Zoned RRAA Residential

Kelly Cerquone, owner of 78 Willard Road stated that there was no additional information to add to her application. The rear addition has already been started and the contractors will start the dormers next week. The surrounding neighbors have no objections to this application.

R. Shaddock stated that in her application she mentions the NYS Building Code for egress windows.

Ms. Cerquone informed the board that the second story windows as they exist now do not meet the NYS Building Code for a second egress from the second floor. The architect pointed this out to them when they were designing the changes to the house. The two windows that are there now are far to small for anyone to get out of.

There were no public comments and no additional comments from the board members.
This is a local matter. A Type II Action therefore is not subject to a SEQRA review.

George Dounce moved to close the Public Hearing. Seconded: Barbara Servé
Public Hearing is closed.

103 West Brook Road
Tax #150.16-2-30
Requesting relief from Code Sections 185-23 A (2) & 185-23 C (3)
Requiring lot width of 100' and a 15' side setback.
Zoned A Residential.

Nancy Brayley, attorney for Jean Denison and owner of 103 West Brook Road represented this application. Ms. Denison is selling the property and the attorney for the buyer wants to correct the two infractions of code that exists on the property. The side addition is only 6.4' from the lot line and should be 15'. The front of the lot is 85.6' wide and it should be 100'. These situations have been in existence since 1972 through and agreement between the neighbors and the lot line was change and was never processed through the Town to have the lot line recorded. The garage shows up on a map dated 1956 and the house was built in 1936. Therefore, somewhere in between these two dates the garage was built. The Town does not have any record for the construction of the garage. The change to the lot line is not out of character with the neighborhood because the lots in this area are very irregular. The road curves around creating the odd shaped lots.

Dee Dee Ralph, the future owner of the property at 103 West Brook Road and presently residing at 93 West Brook Road would like to know if she added another bay to her garage at 93 West Brook Road would this addition present any problem to her?

Dave Rowe visited the site and stated that there is a 20' +/- wide gully for drainage, which separates the two properties. If you intended to add a garage onto 93 West Brook Road there should be plenty of room to do so.

There were no public comments and no additional comments from the board members.
This is a local matter. A Type II Action therefore is not subject to a SEQRA review.

George Dounce moved to close the Public Hearing. Seconded: Barbara Servé
Public Hearing is closed.

449 Thornell Road,
Tax #178.04-1-41.21,
Requesting relief from Code Section 185-15 C (3),
Requiring a 20' side setback.
Zoned AA Residential

Tom Peaslee, Monroe County Water Authority is representing Shelly O'Brien the future owner of the barns at 449 Thornell Road. The barn parcel will be subdivided from the parcel of property that the MCWA would retain. Shelly O'Brien will be purchasing the remaining parcel with the barns on it and merging the land with the property at 451 Thornell Road, which she presently owns. The Water Authority will be constructing a new structure behind the existing barns, with moving the east side lot line closer to the existing barn the Water Authority will retain a strip of land for access from Thornell Road. The proposed access will be coming in from the Thornell Road Elementary School side of the property and it will be a black top driveway. The Water Authority will be granting to Shelly O'Brien a barn maintenance easement to the east for any barn repairs that may be required. The required 20' side setback will be changed to 5.4' side setback to the existing barn. The school district has already granted them the required easement to access the property from school lands.

Shelly O'Brien, future owner of 449 Thornell Road stated that the Water Authority was sympathetic to the historic property and is in agreement with the merging of this property with 451 Thornell Road. The access to the back of the property is the best way all the way around. The neighbors are very much in favor of this proposal.

There were no public comments and no additional comments from the board members.
This is a local matter. A Type II Action therefore is not subject to a SEQRA review.

Barbara Servé moved to close the Public Hearing. Seconded: Rufus Falk
Public Hearing is closed.

16 Country Club Road,
Marcy Wilcove,
Requesting a review on code interpretation regarding St. John Fisher College and student housing at Woodland Estates.

Marcy Wilcove the applicant has submitted a letter was to David Rowe, Code Enforcement Officer, dated January 7, 2005 requesting a postponement for the above-mentioned application until the June 20, 2005 meeting.

RESOLUTIONS:

78 Willard Road
Tax #177.02-1-11
Requesting relief from Code Section 185-120 A
Requiring a 70' front setback.
Zoned RRAA Residential

Discussion:
George Dounce was concerned that construction has already started on the house. The contractor should not be working on this property.

Dave Rowe informed him that the building application was accepted and approved by ARB and upon review of the plans that is when the need for the variance for the dormers was discovered. The rear addition was not in the setback therefore is not part of this application. The contractor could get started on the rear addition without requiring a variance.

Rufus Falk moved to grant to the owners of 78 Willard Road the requested area variance to construct two dormers on the existing structure within the 70' front setback.
Seconded: Barbara Servé
Roll Call: Five Ayes, Mike Rose abstained and Peter Webster absent

A resolution was passed granting the requested area variance to construct two new dormers within the 70' front setback on the exiting house at the above-mentioned property. Completion date December 31, 2006.
See the Zoning Board of Appeals file for the resolution for Findings of Fact and Special Conditions.

103 West Brook Road
Tax #150.16-2-30
Requesting relief from Code Sections 185-23 A (2) & 185-23 C (3)
Requiring lot width of 100' and a 15' side setback.
Zoned A Residential.

Discussion:
None

George Dounce moved to grant to the owners of 103 West Brook Road the requested area variances to bring into conformance the existing structure allowing an 85.6'' front lot width and a 6.4' side setback for the existing garage addition when the requirements are a 100' front lot width and a 15' side setback.
Seconded: Robert Shaddock
Roll Call: Five Ayes, Mike Rose abstained and Peter Webster absent

A resolution was passed granting the requested area variances to allow the existing lot frontage of 85.6' and the 6' 4" side setback at the above-mentioned property.
See the Zoning Board of Appeals file for the resolution for Findings of Fact and Special Conditions.

449 Thornell Road,
Tax #178.04-1-41.21,
Requesting relief from Code Section 185-15 C (3),
Requiring a 20' side setback.
Zoned AA Residential

Discussion:
Barbara Servé moved to grant to the owners of 449 Thornell Road the requested area variance to allow a lot line to be moved closer to the existing structure.
Seconded: Rufus Falk
Roll Call: Five Ayes, Mike Rose abstained and Peter Webster absent

A resolution was passed granting the requested area variances to allow the side lot line to be closer to the existing structure allowing a 5.4' side setback at the above-mentioned property.
See the Zoning Board of Appeals file for the resolution for Findings of Fact and Special Conditions.

OTHER:

1. Review/Approval of December 20, 2004 minutes
   D. Rogachefsky moved to approve the minutes as written.
   Seconded: Five Ayes vote with Mike Rose abstaining and Peter Webster absent


2. Point Persons for February 21, 2005 meeting
   1. 540 Clover Hills Drive, area variance: Robert Shaddock
   2. 858 Allen's Creek Road, area variance: Rufus Falk

Respectfully submitted,

Sandie Freitag
Zoning Secretary

OFFICIAL BOARD MINUTES ARE ON FILE IN THE OFFICE OF THE TOWN CLERK