ZONING BOARD MINUTES
January 23, 2002
Approved 02/18/2002
Posted 02/25/2002
Minutes of the Zoning Board meeting held in the Town Hall lower level meeting room, 11 South Main Street, Pittsford, on January 23, 2002 and filed in the Town Clerk's office.
MEMBERS PRESENT
Ed Starowicz, David Rogachefsky, Larry Magguilli, George Dounce, Rufus Falk, Peter Webster, 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.
CONTINUED PUBLIC HEARINGS:
American Music
3819 Monroe Avenue
Tax #151.17-3-1
Requesting an Area Variance
Code Section 185-43
Requiring all structures hereafter erected or altered shall have a 30' front setback.
Chairman, Ed Starowicz opened the Public Hearing for 3819 Monroe Avenue.
Richard Williams, attorney for the Zoning Board of Appeals read the legal notice at the December 17, 2001 meeting as published in the Brighton Pittsford Post dated, December 5, 2001.
Steve La France, La France Architects, the site plan that was in the application is slightly different than the one that the American Music has done since the last meeting, the measurements are slightly different. There is all kinds music lesson being done at the store. Putting on the entryway will dress up the front of the building and protect the people from the weather and it will create a place to put coats and boots to help keep the dirt out of the store as much as possible. This building it set off from the main road of Monroe Avenue and is not a high traffic area. The owner of American Music would like to build "Scheme B" as presented in the application.
George Dounce asked if this building would be handicap accessible.
Steve La France stated that it has always been handicap accessible. They had to build a ramp when they moved the door for the renovations but when the entryway is constructed it will be handicap accessible.
Bart Noto, of American Music, stated that they will be doing some exterior renovations and they intend to paint the building, and renovate the siding on the west side of the building.
Peter Webster asked if they had considered the guidelines in the Monroe Avenue Corridor Guidelines regarding color schemes allowed in this area, and if the parking lot will be striped. It should be striped so that the people will not be parking in front of the entryway which would put them very close to the street.
John Higgins, felt that this area is not pertinent to the Monroe Avenue Corridor Guidelines, but felt that the color scheme in the guidelines should be taken into consideration when choosing the colors for the building.
Steve La France said they were not aware of this code but they would take a look and see what it involves. They are planning on stripping the parking lot.
Rufus Falk asked if there would be parking spaces in the narrow strip between the building?
Steve La France stated that the area in question will not be used for parking spaces and will be marked as such.
At this time there were no additional comments from the Board Members or the public.
A SEQRA is required.
I, Ed Starowicz, move that this Board adopt the following resolution with respect to the proceedings on this application under the State Environmental Quality Review Act based upon the short EAF (or EAF Part I as the case may be) (AEF = Environmental Assessment Form) completed on this application for 340 Gleason Circle, Woodland Estates. (Area Variance, Use Variance, Special Permit). (See attached SEQRA Resolution).
Seconded: George Dounce
George Dounce moved to close the Public Hearing.
Seconded: Peter Webster
340 Gleason Circle
Tax #138.15-1-32
Woodland Estates
Woodland Estates (a.k.a. Gleason Estates)
Requesting an Area Variance
Relief from Code Section 185-27 E
Lot Coverage, requiring all buildings/structure and all impervious surfaces shall not occupy in the Aggregate more than 33% of the area of the parcel(s) on which such building(s)/structure(s) and impervious surfaces area to be located.
Chairman, Ed Starowicz opened the Public Hearing for 340 Gleason Circle, Woodland Estates on December 17, 2002 at that time the comments were heard from the public and the attorney for the people who live around Woodlands Estates. This hearing was closed at the last meeting.
Richard Williams, attorney for the Zoning Board of Appeals read the legal notice at on the December 17th meeting as published in the Brighton Pittsford Post dated, December 5, 2001.
Ed Starowicz stated that the Public Hearing was closed on December 17, 2001 and if the public had any additional new information to add to the hearing they may speak otherwise the board will present their resolution.
David Rogachefsky presented the resolution as prepared and voted upon. (See Attached).
Seconded: Barbara Servé
A SEQRA Resolution was prepared and moved by Ed Starowicz as follows:
I, Ed Starowicz, move that this Board adopt the following resolution with respect to the proceedings on this application under the State Environmental Quality Review Act based upon the short EAF (or EAF Part I as the case may be) (AEF = Environmental Assessment Form) completed on this application for 340 Gleason Circle, Woodland Estates. (Area Variance, Use Variance, Special Permit). (See attached SEQRA Resolution).
Seconded: Peter Webster
PUBLIC HEARINGS:
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 opened the Public Hearing for 4245 East Avenue, Nazareth College.
David Rowe, Building Inspector, read the legal notice as published in the Brighton Pittsford Post dated, January 9, 2002.
Brendan Bystrak, D. J. Parrone & Associates presented the application and showed where the requested variance is needed. The elevator shafts (per NYS Building Code) needs to be so much higher than the structure and the guardrail will be the same height as the elevator shafts so the variance would be for both of these items. This building will be 40' 6" in height. The variance will be determined from the grading in front of the building.
Whether the front of the building is facing the track or to the parking lot.
Also, whether the guardrail is a structure.
Brendan Bystrak also reviewed Nazareth College future plans and where the new construction will be.
Dan Tuttle, Architect firm in Connecticut, described the grandstand and complex as to what the rooms will be used for. The elevator shafts (one will be used for the elevator and the other shaft will be empty it will only be constructed to balance off the architecture of the building) will be built to code. The railings will be installed because the structure is over 10' in height.
George Dounce asked if the land would be excavated.
Brendan Bystrak stated that there will be a large berm constructed near the road and a wetland filled in. Nazareth College already has their permits from the Army Corp and D.E.C. to fill in one of the wetlands and to disturb the other one near the road. The track will be high than the topography; there will be significant amount of earthwork involved. The requested variance is only for just under 5' variance from code for elevator shafts and the guardrail.
The Board wants to know if there will be the following:
- Speakers
- Lights
- Satellite discs
Brendan Bystrak responded that there will be none of the above. There will be however, a camera to tape the games, which would be only temporary during the games and the only discs, will be the ones that is already mounted on Smythe Hall. The flagpole was another issue and this will be located at one corner of the field and not on the clubhouse. Nazareth College will agree to the conditions of approval outlined in the St. John Fisher College resolution of April 26, 1999. There will be hotdog vendors in the complex hallways but there will be no concession stands available for sales. There will probably be t-shit sales.
At this time there were no additional comments from the Board.
The SEQRA resolution will be prepared by the Planning Board and is not available at this time.
Louis and Linda Peck, 4383 East Avenue, concerns are as follows:
- Lighting - there is none proposed at this time but feels that they will be back at a later date with a request for lighting.
- Traffic will increase along French Road.
- To many parking lots at the school already, could build a parking garage would save space.
- Does not see the need for the fields of this nature.
- Feels that there is conflicting messages of publicity to the public.
- He doesn't think the present buildings are being used to the maximum.
- The architect could work with the codes and therefore all these variances would not be necessary.
- The noises from the students are already a problem.
- It will bring more crime and noise into the area.
- Would like to see Nazareth gear more towards economics instead of sports.
They could use St. John Fisher College's facility and then build a larger theater since that program is growing.
David Rogachefsky commented that if this proposed building were built lower they would lose 3 rows of seating and it would be longer and the grading would be right up to the windows and it would not be very attractive.
Brendan Bystrak stated that the building could be made lower but this is a standard design for this package and it would cost more money to modify the plans. Lowering the building will cause many changes to the building and it would loose the windows along the front of the building and would not be architecturally pleasing. The handicap ramp would have to change location.
Peter Webster moved to close the Public Hearing.
Seconded: Larry Magguilli
The Hearing has been closed the decision will be made at the February 18, 2002. A SEQRA resolution needs to be prepared by the Planning Board.
45 Cullens Run
Tax #165.13-1-34
Requesting an extension of time for construction of a new garage.
Code Section 185-27 C (3)
Chairman, Ed Starowicz opened the Public Hearing for 45 Cullens Run.
Chris Mulroy, 45 Cullens Run, stated that he had some problems with his first contractor and is now financially able to proceed with the construction of the garage. The time has run out on the variance granted on November 20, 2000.
At this time no comments from the Board Members 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: Rufus Falk
RESOLUTIONS:
3819 Monroe Avenue
Tax #151.17-3-1
American Music
Requesting an Area Variance
Code Section 185-43
Requiring all structures hereafter erected or altered shall have a 30' front setback.
Larry Magguilli moved to grant the owners of 3819 Monroe Avenue, American Music, their request for an Area Variance, which will allow the construction of a covered entryway within the 30' front setback.
Seconded: George Dounce
Roll Call: All AyesA resolution was passed granting the requested Area Variance to allow the construction of a covered entryway within the required 30' front setback, construction completion date December 31, 2003.
See resolution attached for Findings of Fact and Special Conditions.
There were changes made to the resolutions which were still seconded by: George Dounce
(Also, see SEQRA Resolution attached).
340 Gleason Circle
Tax #138.15-1-32
Woodland Estates (a.k.a. Gleason Estates)
Requesting an Area Variance
Lot Coverage, requiring all buildings/structure and all impervious surfaces shall not occupy in the Aggregate more than 33% of the area of the parcel(s) on which such building(s)/structure(s) and impervious surfaces area to be located.
David Rogachefsky moved to grant the owners of 340 Gleason Circle, their request for an Area Variance, which will allow the construction of 601 spaces for parking and to remove to other locations of parking lots.
Seconded: Barbara Servé
Roll Call: All AyesA resolution was passed granting approval for the requested Area Variance to allow for the construction of a total of 601 parking spaces which will allow one parking space per bedroom.
See resolution attached for Findings of Fact and Special Conditions.
(Also, see SEQRA Resolution attached).
45 Cullens Run
Tax #165.13-1-34
Requesting an extension of time for construction of a new garage.
Code Section 185-27 C (3)
Rufus Falk moved to grant to the owners of 45 Cullens Run, their request for an extension of time for construction for the new garage for which an area variance was granted on November 20, 2000.
Seconded: George Dounce
Roll Call: All AyesA resolution was passed granting approval for the requested extension of time for the construction of the new garage for which an area variance was granted on November 20, 2000 and the time for construction is extended from December 31, 2001 to June 30, 2003.
See resolution attached for Findings of Fact and Special Conditions.
OTHER
- REVIEW/APPROVAL OF MINUTES:
December 17, 2001 minutes. Ed Starowicz moved to approve the minutes as written.
Roll Call: All Ayes - APPLICATIONS FOR FEBRUARY 18TH MEETING:
- 73 Willard Road - Area Variance David Rogachefsky
- 3349 Monroe Avenue - Chase Pitkin- Use Variance Ed Starowicz
- 340 Gleason Circle- Woodlands Estates- Decision appeal
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