ZONING BOARD MINUTES
April 18, 2005

Approved 05/16/05

Posted 05/23/05

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Please take notice that the following public hearings were held by the Town of Pittsford Zoning Board of Appeals on Monday, April 18, 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, Peter Webster, Rufus Falk, Mike Rose and Barbara Servé 

ABSENT
Robert Shaddock

ALSO PRESENT
Richard Williams Attorney, David Rowe Building Inspector, Sandy Zutes Town Board Liaison

Chairman, David Rogachefsky, called the regularly scheduled meeting of the Zoning Board of Appeals to order at approximately 7:00 p.m.

Rich Williams read the Legal Notices as published in the April 6, 2005, Wednesday edition of the Brighton Pittsford Post for the following properties:

CONTINUED PUBLIC HEARING:
Decision to be rendered.

384 French Road
Tax #150.16-1-53
Requesting relief from Code Section 185-121 A
Requiring that no fence shall exceed 3' in height in the front of the front setback line.
Zoned: AA Residential

The Public Hearing was closed on March 21, 2005.
Chairman, David Rogachefsky inquired as to if the applicant was present. It was noted by Dave Rowe that the applicant was not present.

24 Framingham Lane
Tax #150.20-1-06
Requesting relief from Code Section185-15 C (1) & (3)
Requiring a 70'front & 20' side setback
Zoned AA Residential

Peter Hallagan owner of 24 Framingham Lane commented that there has been no changes or new information other than what the application stated as such.

Comments from the board:

1. Need for the addition?
2. The old garage will be used as a recreation room?
3. Has the neighbor to the south been informed?

Peter Hallagan commented that the need was for an expanding family and that the old garage will be used as a recreation room. Additionally, he commented that the neighbor to the south was present and he was unaware of any objections.

Public comments:

Henra Briskin owner of 26 Framingham Lane commented that her concern was as to if the trees between the lots would remain and was informed that they will, so she has no objection.

Additional comments from the board:

1. Will the driveway be widened?
2. Was there currently a family room in the house?
3. The workshop appears to be large would it be for a hobby use and additional storage?

Peter Hallagan commented that the driveway would not be widened. He stated that currently the house has playroom in the basement and a family room kitchen combination. The workshop would be for personal use for restoration and woodworking. Additionally that there would be a little bit of storage for outdoor furniture, bikes and those type of things.

There were no additional comments from the board members or the public.
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: Peter Webster
Public Hearing is closed.

76 Railroad Mills Road
Tax #193.05-1-80
Requesting relief from Code Section 185-23 A (2)
Requiring a 100' front lot width.
Zoned A Residential

Attorney Tom Sullivan spoke for Contractor who will be substituting for the applicant Robert L. Anderson. Mr. Sullivan commented that as part of the application he has to show that the division would not be a determent to the neighborhood. He submitted pictures of homes in the surrounding area and requested that they be placed in the record. Mr. Sullivan explained the need for the relief from the code. He commented that the home was built in the 1960's and it was the intention of the owner to subdivide the property all along, however there was a zoning change. Mr. Sullivan also provided an alternative proposal which provided 94' however, preferred the 77' better. Additional discussion held regarding the location of the house. It was noted that the location of the house would remain as presented.

Comments from the board:

1. Why the 77' proposed was preferable to the 94' alternative ?

Mr. Sullivan indicated that the 77' would require a permanent easement and that the driveway would be located on lot 2.

Public comments:

Mr. James Blackburn of 84 Railroad Mills Road commented that he had concerns regarding the drainage, trees and the site location of the house and location of the door. He indicated that if they follow through with everything that was discussed they have no objections.

Mr. Sullivan commented that it was his understanding that the hearing could not be closed because of the SEQRA. Rich Williams commented that this was a coordinated review with the Planning Board and that no action can be taken until the Planning Board resolves SEQRA. It was noted by R. Williams that any decision would be subject to the variance.

Additional comments from the Board:

P. Webster requested a clarification of why the hearing could not be closed. R. Williams comment that the hearing has to remain open until after the Planning Board decision. It indicated that if a change occurred because of a Planning Board decision, the hearing could possibly have to be reopened. He felt it was better to leave the hearing open.

Additional discussion held regarding the location of the proposed house on the lot in relationship to the setbacks.

It was noted that a new site plan was available and that the Zoning Board had not received copies. Chairman Rogachefsky requested that copies be obtained and distributed to the Board for review.

There were no additional comments from the board members or the public.

Chairman Rogachefsky commented that the application would be continued until the next meeting.

780 Allen's Creek Road
Tax #138.13-1-42
Requesting relief from Code Sections 185-15 C (1) & (3)
Requiring a 70' front & 20' side setback
Zoned: AA Residential

David Waldarek spoke as agent for the applicant David Khalil. Mr. Waldarek commented that the applicant was looking to add one garage bay to the house and a front portico onto the entrance of the house. He commented that they are asking for relief to allow for a deeper bay for a larger vehicle. They have tried to minimize the impact to the structure and maintain the line across the back of the house and keep the same architectural design that is currently there. He commented that they are aware that they that a least one neighbor is objecting because of the reduction in view to the golf course. Mr. Waldarek reviewed the position of the bay and indicated that there would be a 14% reduction in the view and that most of the view would be maintained.

Comments from the board:

1. Why couldn't the garage addition be moved forward?
2. Has a change in the floor plan been considered?

David Waldarek responsed by saying that moving the bay forward would create a snow storage problem. Additionally, he commented that alternative floor plans had been looked at regarding the rear of the house, however a patio in the rear may have architectural significance and they did not want to disturb it.

Public comments if any:

• Mary Mc Namara of 777 Allen's Creek Road spoke against the project and stated she was against the variance. She commented that it would reduce the view of the golf course not only for her but her neighbor. She stated that he had faith in the Zoning Board to protect the setbacks. She wanted to protect the character of the street. Currently the house was well proportionate and that the addition would be overwhelming. Additionally, she opposed the portico.
• Mr. Reed Mc Namara of 777 Allen's Creek Road spoke against the plan, stating that the addition would reduce his view of the golf course from the rooms that they primarily use in their home. He indicated that the lot was already non-conforming and that a larger footprint would be out of scale.

R. Williams explained the responsibility to retain the view and the requirements for setbacks.
It was noted that other variances had been issued in the area. D. Rowe briefly reviewed the recent variances. Chairman Rogachefsky also requested copies of previous variances issued.

Chairman Rogachefsky felt that a site visit would be appropriate for this project and encouraged the Board to do so.

There were no additional comments from the board members or the public. No action was taken and the hearing was left open until the next meeting.

RESOLUTIONS:

384 French Road
Tax #150.16-1-53
Requesting relief from Code Section 185-121 A
Requiring that no fence shall exceed 3' in height in the front of the front setback line.
Zoned: AA Residential

Barbara Servé moved to deny to the owners of 384 French Road the requested area variance to construct a 4.5' high fence forward of the front setback line at the above-mentioned property.
Seconded: George Dounce
Roll Call: 5 Ayes, P. Webster abstained and Robert Shaddock absent.

A resolution was passed denying the request for an area variance to construct a 4.5' fence forward of the front setback line at the above-mentioned property. See the Zoning Board of Appeals file for the resolution for Findings of Fact.

24 Framingham Lane
Tax #150.20-1-06
Requesting relief from Code Section185-15 C (1) & (3)
Requiring a 70'front & 20' side setback
Zoned AA Residential

Discussion held regarding approval of resolution subject to ARB approval.

Michael Rose moved to grant to the owners of 24 Framingham Lane the requested area variances to construct a new addition within the front and side setbacks at the above-mentioned property.
Seconded: Barbara Serve
Roll Call: 6 Ayes, Robert Shaddock absent.

A resolution was passed granting the requested area variance to allow the construction of a new addition within the required 70' front setback and 20' side setback, allowing a 52' 6" front and 13' 7" side setback at the above-mentioned property. See the Zoning Board of Appeals file for the resolution for Findings of Fact and Special Conditions.

Chairman Rogachefsky indicated that he received notification from the Planning Board that they wish to be named Lead Agency for the Railroad Mills Subdivision and the Poinciana West Subdivision. The Board did not object to this request and will return the form to the Planning Board.

OTHER:

1. Review/Approval of March 21, 2005 minutes. It was noted that Sandy Zutes was not present at the March 21, 2005 meeting and that the minutes should be changed to reflect the correction.


2. Point Persons for May 16, 2005 meeting
   Application held over for a decision
   1. 76 Railroad Mills Road: Peter Webster
   2. 780 Allen's Creek Road: David Rogachefsky
   New Public Hearings:
   1. 38 Old Farm Circle: Barbara Serve
   2. 33 Alpine Drive: David Rogachefsky

Motioned to adjourn at 9:00 p.m.
Roll Call: All Ayes

Respectfully submitted,

Kelly Cline
Town of Pittsford

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