ZONING BOARD MINUTES
March 17, 2003
Approved 04/21/2003
Posted 04/28/2003
Minutes of the Zoning Board meeting held in the Town Hall, lower level meeting room, 11 South Main Street, Pittsford, on March 17, 2003 and filed in the Town Clerk's office on:
May 2, 2003
MEMBERS PRESENT
David Rogachefsky, Rufus Falk, Barbara Servé, George Dounce, Larry Magguilli, Peter Webster and Robert Shaddock
MEMBERS ABSENT
Sandy Zutes, Town Board Liaison
ALSO PRESENT
Richard Williams Attorney, David Rowe Building Inspector, Sandie Freitag Secretary for the Zoning Board of Appeals
Chairman, David Rogachefsky, 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 PBLIC HEARINGS
3001 Monroe Avenue
SpringHouse Commons (South Side of Monroe Ave.)
Tax #150.8-1-71 & -73
Requesting two Area Variances
Code Sections 185-43 & 44
Requiring a 30' front & 20' side setback.
Richard Williams, attorney for the board, read the legal notice as published in the Brighton Pittsford Post, Wednesday, March 5, 2003 edition for 3001 Monroe Avenue, SpringHouse Commons application.
Kevin Lenander, Passero Associates, presented the application for 3001 Monroe Avenue, representing Don Lasher of Buckingham Properties owner of 3001 Monroe Avenue. Mr. Lenander stated that the Planning Board has granted Preliminary Site Plan approval and a SEQRA Resolution on February 10, 2003.
D. Rogachefsky inquired as to whether or not there would be changes to any of the requested setbacks from the proposed application?
Mr. Lenander commented that the only changes are that the two buildings were always connected by a walkway and that the bottom part of this area was open as a pass through. Now the center of the buildings has been enclosed to house an elevator shaft and stair tower for the use for the two buildings. This will not effect the variances requested.
The Planning Board approval did not include the plans for enclosing this area between the buildings these plans have been changed as of the 4:30 meeting today. This revision will change the plans from two buildings to one large building. This is a Planning Board issue and needs to be resolved before the applicant is granted final site plan approval.
R. Williams stated that this change to the building has no impact on the variances requested from this board.
Comments from the public:
Jim Walsh, 32 Long Meadow Circle, he would like to see the Town put a stop to all construction within the town. There is already too much congestion on Monroe Avenue as it is. He does not shop there because it is too busy of an area.
P. Webster stated that these are items that the Planning Board has to address not issues that the Zoning Board of Appeals any authority over. This application will not be heard before this board again until the Town Board resolves the rezoning of the parcel land behind this proposed building.
Peter Webster moved to close the Public Hearing.
Seconded: George Dounce
3000 Monroe Avenue
SpringHouse Commons (North Side of Monroe Ave.)
Parcel G (Building #5)
Tax #150.8-1-62.1
Requesting Area Variances
Code Sections 185-43 & 44
Requiring a 30' front & 20' side setback.
Dave Rowe has been in contact with the applicant regarding this application for the north side of Monroe Avenue. Dave Rowe has received notification from Passero Associates, Kevin Lenander, Senior Project Manager, dated February 28, 2003, requesting that this application be tabled until the Town Board renders a decision regarding the rezoning of the residential portion of the parcel.
Comments from the public:
Tom Gillett, 105 Pickwick Drive, mentioned some of his concerns regarding Building #5 of this proposal. The items he would like to see addressed are as follows: parking ratios, concerned about higher traffic volume, snow removal and storage, and access onto Monroe Avenue.
R. Williams stated this application is considered tabled until this issue is resolved. Therefore, there will be no comments taken until this is officially reopened as a Public Hearing for the Zoning Board to address the requested variances which will probably change form the original proposal because the applicant has been requested to down size the building therefore, possibly eliminating some of the requested set back variances.
This Public Hearing is tabled until further notice, it will be re-advertised for the public notification.
146 Kilbourn Road
Tax #138.13-3-2.1
Requesting an Area Variance
Relief from Code Section 185-15 C (3)
Requiring a 20' side setback.
Richard Williams, attorney for the board, read the legal notice as published in the Brighton Pittsford Post, Wednesday, March 5, 2003 edition for 146 Kilbourn Road.
George Abraham, owner of 146 Kilbourn Road, stated that there no changes to the submitted application for the new garage and bedroom to increase this property to a three-bedroom home. This house has flat roof and the ceiling has collapsed he would like to reconstruct what is there and add an eight foot extension for a work study area. It will take three months for construction and the contractors are ready to go at any time. Also as part of these building plans they are installing a handicap bathroom for his mother when and if it becomes necessary that she moved in with them.
There were no additional 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: Larry Magguilli
53 Butternut Drive
Tax #165.09-1-21
Requesting an Area Variance
Relief from Code Section 185-23 C (1)
Requiring a 50' front setback
Richard Williams, attorney for the board, read the legal notice as published in the Brighton Pittsford Post Wednesday, March 5, 2003 edition for 53 Butternut Drive.
Mike Pepper, owner of 53 Butternut Drive, hopes that this house is the last home that he will be in therefore he would like to put this addition on the to enhance and add value to the house. The applicant had no additional information for this application. They would like to start this construction by the end of July and finish the addition by this winter. To build this at another location on the property it would require re-grading the lot, loosing some trees, the location of the septic tank is in the way. The driveway would need to be changed and he is not sure if the neighbor would appreciate this. The surrounding homes are all ranch style homes and the addition would be in keeping with the neighborhood.
Comments from the board:
Could the addition be reduced 2' and lessen the requested setback?
Mr. Pepper commented that the addition could be set back another 2'. It would mean some changes to the floor plan but it could be done.
There were no comments from the public.
This is a Type II Action - no further action taken. Local matter, no SEQRA required.
Robert Shaddock moved to close the Public Hearing.
Seconded: Rufus Falk
72 Long Meadow Circle
Tax #151.13-1-39
Requesting Area Variances
Relief from Code Sections 185-106 A (1) & 185-104 B AE-Flood Zone
Richard Williams, attorney to the board, read the legal notice as published in the Brighton Pittsford Post Wednesday, March 5, 2003 edition for 72 Long Meadow Circle.
Stu Chait, Chait Architects, representing Kathy & Barry Rosenberg, reviewed the application. They will be relocating the garage and the front entranceway will be constructed per the flood proofing requirements. The homeowner does not want to flood proof the exiting structure to do so would cost approximately $80,000. This cost is too much of a burden on the homeowner. All of the new construction will be build per flood proof regulations. If the addition cost is 50% above the value of the existing structure then the owner is required to flood proof the existing structure, the proposed new addition cost will be over 50% of the value. The owners would like to start as soon as possible. The applicants have a dry basement and as long as they have been there it has remained dry. They have four children and the house is only 1600-sq. ft. They would like to stay in the neighborhood so they are looking for as much square footage as possible.
Comments from the public.
James Walsh, 32 Long Meadow Circle, he has lived on Long Meadow Circle along time and has seen a lot of water in the backyards over the years. They should not be allowed to build in the flood plain.
George Dounce prepared and read into the minutes a SEQRA Resolution.
George Dounce moved to close the Public Hearing.
Seconded: Peter Webster
40 Landsdowne Lane
Tax #151.11-1-16
Requesting an Area Variance
Relief from Code Section 185-15 C (1)
Requiring a 70' front setback
Richard Williams, attorney for the board, read the legal notice as published in the Brighton Pittsford Post Wednesday, March 5, 2003 edition for 40 Landsdowne Lane.
Todd Longwell, representing the Boehms who were unable to attend, presented the application outlining that there is no other options for the location of this addition and to build it at any other location it would be blocking the light into the house. There is a pool in the backyard and the configuration of the house makes it difficult to find an alternate location for the proposed addition. They figure it would take approximately 12 weeks for construction.
Comments from the board:
G. Dounce commented that the addition on the house on Kingsbury Court appears to be closer to the road that this proposed addition.
There were no comments from the public.
Architectural Review Board granted approval to the construction plans on February 24, 2003.
There were no comments from the public.
This is a Type II Action - no further action taken. Local matter, no SEQRA required.
Peter Webster moved to close the Public Hearing.
Seconded: Rufus Falk
191 West Bloomfield Road
Tax #178.03-2-43
Requesting an Area Variance
Relief from Code Section 185-30 C
Requiring a 20' side setback
Richard Williams, attorney for the board, read the legal notice as published in the Brighton Pittsford Post Wednesday edition, March 5, 2003, for 191 West Bloomfield Road.
Mark Williams, owner of 191 West Bloomfield Road, the placement of the pool and garden shed would be hidden within the existing tree line, which will hide these proposed structures. The applicant does not want these to be out in the open for the neighbors to have to look at. The shed will be used to store lawn equipment and furniture.
There were no comments from 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: Robert Shaddock
2 Lochnavar Parkway
Tax # 151.07-1-22
Requesting an Area Variance
Relief from Code Sections 185-15 C (1) & (3)
Requiring a 70' front & 20' side setback.
Richard Williams, attorney to the board, read the legal notice as published in the Brighton Pittsford Post, Wednesday edition, March 5, 2003, for 2 Lochnavar Parkway.
Joe Bascom, 2 Lochnavar Parkway, outlined the reason why they picked this site for the small garden or California size pool. The deck is seventeen years old they would like to put the pool by the deck.
Board member comments:
- Have you considered other locations for the pool?
- Did any of the neighbors' object?
- This would be 5' from the neighbors fence line.
- Would the fence replace what is there?
- The neighbors' sunroom is very close to the proposed location.
Applicant confirmed that they did consider the side lot but they thought that it would be to close to the leach fields. They have a 4-year old child and wanted a play area for the child. The other neighbors did sign off on their proposal, but not the one behind them. Yes this pool would be rather close to the fence line and the fence that he would install would butt up to the neighbor's existing fence, the fence they will be installing will be about 6' high. They will also be removing an overgrown apple tree.
Comments from the public.
Anthony & Violet Di Mascio, 211 Fairport Road, they own the property that backs up to 2 Lochnavar Parkway and they have a glass patio room that they use a lot and they do not want to look out of their windows and see this pool so close to their lot line. This room is their favorite place to be during the day. They feel that this is a bad location for the proposed pool. There will be too much noise and they do not want it that close to their home.
Joseph Bascom is open to moving the pool to another location, but would prefer to put the pool in this proposed location. He could move it to the other side of the yard but it would be in front of the septic system and he didn't want it there.
Richard Williams stated that to change the location of the pool we would need to re-advertise this application.
This is a Type II Action - no further action taken. Local matter, no SEQRA required.
This Public Hearing remains open.
116 Overbrook Road
Tax #138.14-1-30
Requesting an Area Variance
Relief from Code Section 185-15 C (3)
Requiring a 20' side setback
Richard Williams, attorney for the board, read the legal notice as published in the Brighton Pittsford Post, Wednesday, March 5, 2003 edition for 116 Overbrook Road.
Jim Yarrington, owner of 116 Overbrook Road, presented the application and stated after review of the property and the location of the house this is the only location for the addition that works with the layout of the house. The roofing and siding would match the house just at the previous addition did. There will be no change to the footprint of the house; this addition will be built over the existing garage. The neighbor that this would likely impact has no objection to this proposal. The architect would like to finalize the drawings and start as soon as possible. The plans will have to be presented to the Architectural Review Board for final approval.
There were no comments from the board or the public.
This is a Type II Action - no further action taken. Local matter, no SEQRA required.
Peter Webster moved to close the Public Hearing.
Seconded: Rufus Falk
3690 East Avenue
St. John Fisher College
Dorsey Residence Hall
Tax #138.19-1-1.1
Requesting an Area Variance
Code Sections 185-39 & 185-133
Requiring a maximum height of 30' for any structure or dwelling.
Richard Williams, attorney for the board, read the legal notice as published in the Brighton Pittsford Post, Wednesday, March 5, 2003 edition for St. John Fisher College at 3690 East Avenue.
Robert Burgdorf, Nixon Peabody, reviewed the application briefly for the third floor addition and the design of the roofline on Dorsey Residential Hall for the board at last months' meeting. He stated that the additional space would allow for 84 beds for students to move onto campus. In all likely there will still be some students at the Woodland Estates but they hope to be able to get them moved onto campus. There was no additional information to add to this application from the informal review from last month.
There were no neighbors present to address this application.
Architectural Review Board granted final approval on February 24, 2003. The Planning Board prepared a SEQRA Resolution.
Larry Magguilli moved to close the Public Hearing.
Seconded: Rufus Falk
966 Linden Avenue
Pellegrino's Deli/Café
Tax #139.13-2-4
Requesting an Area Variance
Relief from Code Section 185-138 A (4)
Requiring that no sign shall exceed more than 100-sq. ft.
The applicant notified David Rowe by an e-mail dated March 3, 2003, from Peter Psyllos, owner of 966 Linden Avenue, requesting that this application be tabled until the April 21, 2003 meeting.
RESOLUTIONS:
3001 Monroe Avenue
SpringHouse Commons (South Side of Monroe Ave.)
Tax #150.8-1-71 & -73
Requesting Area Variances
Code Sections 185-43 & 44
Requiring a 30' front & 20' side setback.
Discussion:
The board members concerns were if the plans change does that change the requested variances?
R. Williams stated that the variances remain the same, the Planning Board, Architectural Review Board, Historic Preservation Commission and staff are addressing the issues for the redesigning of the building. The changes to the plans have no bearing on granting approval for the requested variances.
Marty Brewster, Director of Planning, Zoning and Development commented that the original plans showed that there would only be a covered walkway to connect the two buildings. Now the applicant has submitted plans enclosing this pass through and installing a stairwell and an elevator shaft for the use by the tenants of the two buildings.Robert Shaddock moved to grant to Buckingham Properties, owner(s) of 3001 Monroe Avenue, the requested Area Variance, which will allow the construction on the south side of Monroe Avenue of the plaza know as SpringHouse Commons.
Seconded: Barbara Servé
Roll Call: All AyesA resolution was passed granting the requested Area Variance to allow the construction of a new plaza within the 30' front setback and the 20' side setback.
See the Zoning Board of Appeals file for the resolution for Findings of Fact and Special Conditions.
146 Kilbourn Road
Tax #138.13-3-2.1
Requesting an Area Variance
Relief from Code Section 185-15 C (3)
Requiring a 20' side setback.
Discussion:
There were no additional comments from the board members.George Dounce moved to grant to owner(s) of 146 Kilbourn Road, the requested Area Variance, which will allow the construction of a new addition within the 20' side setback.
Seconded: Peter Webster
Roll Call: All AyesA resolution was passed granting the requested Area Variance to allow the construction of a new addition within the 20' side setback. Construction completion date December 31, 2005.
See the Zoning Board of Appeals file for the resolution for Findings of Fact and Special Conditions.
53 Butternut Drive
Tax #165.09-1-21
Requesting an Area Variance
Relief from Code Section 185-23 C (1)
Requiring a 50' front setback
Discussion:
David Rogachefsky commented that they prefer to mitigate the variance as much as possible and would like to see the addition moved back about 2' granting a front setback of a variance of 10' 10" instead of the proposed request of 12' 10".Robert Shaddock moved to grant to owner(s) of 53 Butternut Drive the requested Area Variance, which will allow the construction of a new addition within the 50' front setback.
Seconded: George Dounce - He also seconded the changes proposed regarding granting the 10' 10" variance instead of 12' 10" variance to the front setback.
Roll Call: All AyesA resolution was passed granting the requested Area Variance to allow the construction of a new addition within the 50' front setback. Construction completion date February 12, 2004.
See the Zoning Board of Appeals file for the resolution for Findings of Fact and Special Conditions.
72 Long Meadow Circle
Tax #151.13-1-39
Requesting Area Variances
Relief from Code Sections 185-106 A (1) & 185-104 B AE-Flood Zone
Discussion:
There were no additional comments from the board.
George Dounce moved to grant to owner(s) of 72 Long Meadow Circle the requested Area Variance, which will allow the construction of a new addition to be built according to the regulations of new construction within a flood zone an exempting the existing structure to be flood proofed because the cost would be to prohibitive.
Seconded: Larry Magguilli
Roll Call: All AyesDavid Rogachefsky moved to adopt a SERQA Resolution regarding the above-mentioned property.
Seconded: Peter WebsterA resolution was passed granting the requested Area Variance to allow the construction of a new addition within a flood zone. Construction completion date December 31, 2005.
See the Zoning Board of Appeals file for the resolution and SEQRA Resolution for Findings of Fact and Special Conditions.
40 Landsdowne Lane
Tax #151.11-1-16
Requesting an Area Variance
Relief from Code Section 185-15 C (1)
Requiring a 70' front setback
Discussion:
There were no additional comments from the board.David Rogachefsky moved to grant to owner(s) of 40 Landsdowne Lane the requested Area Variance, which will allow the construction of a new addition within the required 70' front setback.
Seconded: George Dounce
Roll Call: All AyesA resolution was passed granting the requested Area Variance to allow the construction of a new addition within 70' front setback. Construction completion date December 31, 2005.
See the Zoning Board of Appeals file for the resolution for Findings of Fact and Special Conditions.
191 West Bloomfield Road
Tax #178.03-2-43
Requesting an Area Variance
Relief from Code Section 185-30 C
Requiring a 20' side setback
Discussion:
There were no additional comments from the board.Rufus Falk moved to grant to owner(s) of 191 West Bloomfield Road the requested Area Variance, which will allow the construction of a new accessory structure and an above ground pool within the required 20' side setback.
Seconded: Robert Shaddock
Roll Call: All AyesA resolution was passed granting the requested Area Variance to allow the construction of an accessory structure and an above ground pool within the 20' side setback. Construction completion date December 31, 2005.
See the Zoning Board of Appeals file for the resolution for Findings of Fact and Special Conditions.
116 Overbrook Road
Tax #138.14-1-30
Requesting an Area Variance
Relief from Code Section 185-15 C (3)
Requiring a 20' side setback
Discussion:
There were no additional comments from the board.
Rufus Falk moved to grant to owner(s) of 116 Overbrook Road the requested Area Variance, which will allow the construction of a new addition over the existing garage within the required 20' side setback.
Seconded: George Dounce
Roll Call: All AyesA resolution was passed granting the requested Area Variance to allow the construction of a new addition over the existing garage within the 20' side setback. Construction completion date December 30, 2005.
See the Zoning Board of Appeals file for the resolution for Findings of Fact and Special Conditions.
3690 East Avenue
St. John Fisher College
Dorsey Resident Hall
Tax #138.19-1-1.1
Requesting an Area Variance
Code Sections 185-39 & 185-133
Requiring a maximum height of 30' for any structure or dwelling.
Discussion:
The neighbors have no objections to this application. St. John Fisher held a neighborhood meeting and none of the neighbors showed up.
Peter Webster moved to grant to St. John Fisher College owner(s) of 3690 East Avenue the requested Area Variance, which will allow the construction of a third story on Dorsey Resident Hall which will be over the required 30' height for a structure or dwelling.
Seconded: Robert Shaddock
Roll Call: All AyesA resolution was passed granting the requested Area Variance to allow the construction of a third story on an existing dormitory known as Dorsey Resident Hall to be the height of 46'. Construction completion date by September of 2003.
See the Zoning Board of Appeals file for the resolution for Findings of Fact and Special Conditions.
OTHER:
- REVIEW/APPROVAL OF MINUTES:
February 26, 2003
Minutes approved as written: All Ayes - POINT PERSONS FOR APRIL 21, 2003 MEETING
- 87 Alpine Drive, Area Variance - Barbara Servé
- 2 Lochnavar Parkway, Area Variance Barbara Servé
- 4245 East Avenue, Nazareth College, entrance sign on French Road
- Area Variance - Larry Magguilli
Adjournment was called for at 9:30 p.m.
Seconded: All Ayes
Respectfully submitted,
Sandie Freitag
Zoning Secretary
OFFICIAL BOARD MINUTES ARE ON FILE IN THE OFFICE OF THE TOWN CLERK