ZONING BOARD MINUTES
April 19, 2004
Approved 05/17/2004
Posted 05/24/2004
Minutes of the Zoning Board meeting held in the Town Hall, lower level meeting room, 11 South Main Street, Pittsford, on April 19, 2004 and filed in the Town Clerk's office.
MEMBERS PRESENT:
David Rogachefsky, George Dounce, Larry Magguilli, Robert Shaddock, Barbara Servé, Rufus Falk and Peter Webster
ALSO PRESENT
John Higgins Town Board Liaison, 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 7:00 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 HEARING:
683 Stone Road
Tax #163.16-1-24
Requesting Area Variances
Requesting relief from Codes Sections 185-113 C (3)
Requiring that no accessory structures shall be forward of the rear wall of the main structure.
The Public Hearing for this application was opened on March 15, 2004. The applicant and the neighbor from 693 Stone Road, Mr. Ed Atwater, were to meet to review the application and if possible resolve some of this neighbor's concerns regarding noise and location of the pool equipment. The meeting took place on Saturday, April 3, 2004 approximately 9:00 am.
Discussion:
Dan Hacket, Ted Collins Associates, representing Jeff Fink, applicant, who meant with the neighbor, Mr. Ed Atwater and resolved the location for the pool pump and heater. Mr. Hacket presented a new map showing the change of location. Mr. Atwater is satisfied with the new location. The heater and pump will be house within the 180-sq. ft. pool house, which will be in compliance with the required size for accessory structures as per code.
George Dounce moved to close the Public Hearing.
Seconded: Rufus Falk
Public Hearing closed.
D. Rogachefsky commented to Mr. Fink and Dan Hacket that the board appreciates their patience and for working with the neighbor in resolving his concerns.
There were no additional comments from the board or the public.
This is a Type II Action - no further action taken. Local matter, no SEQRA required.
PUBLIC HEARINGS:
224 East Street
Tax #178.12-1-19
Requesting an Area Variance
Requesting relief from Code Section 185-120 A,
requiring a 70' front setback
Richard Williams, attorney to the board, read the Legal Ad as published in the Brighton Pittsford Post, Wednesday edition, April 7, 2004, for 224 East Street.
Jeff Kabel, owner, reviewed the application and explained why it is necessary to raise the roof on the second floor. At the present time the ceiling is to low for him, he is 6' tall and has very little headroom when in this part of the house. The addition will remain in the same footprint of the existing house and the look of the front of the house will remain the same. This house is 174-years old and at that time people were not as tall. With raising the roof it will make the upstairs a more livable space.
G. Dounce asked what is the time frame for construction?
B. Servé asked if a construction date of December 2005 would be enough time?
Jeff Kabel stated that December 2005 would be plenty of time to finish construction.
There were no additional comments from the board or 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: Larry Magguilli
Public Hearing closed.
491 Mendon Road
Tax #178.03-1-77
Requesting an Area Variance
Requesting relief from Code Section 185-30 C
requiring a 20' side setback
Richard Williams, attorney to the board, read the Legal Ad as published in the Brighton Pittsford Post, Wednesday edition, April 7, 2004, for 491 Mendon Road.
Chris Moulton resides at 491 Mendon Road presented the application as submitted.
G. Dounce asked if this addition would be used for living space.
Mr. Moulton stated that none of it will be, it will only be used for storage. There is only a corner of the garage addition, which is within the side setback, the lot angles out to the back and is narrow at the front.
G. Dounce asked time frame for construction?
Mr. Moulton stated that the construction should be done by the end of this year. The garage will house two cars and the rest will be used for storage. The camper will be stored off site.
There were no additional comments from the board or the public.
This is a Type II Action - no further action taken. Local matter, no SEQRA required.
D. Dounce moved to close the Public Hearing.
Seconded: Barbara Servé
Public Hearing closed.
90 Alpine Drive
Tax #138.18-2-36
Requesting Area Variances
Requesting relief from Code Sections 185-15 C (1) & (3)
Requiring a 70' front and 20' side setbacks
Richard Williams, attorney to the board, read the Legal Ad as published in the Brighton Pittsford Post, Wednesday edition, April 7, 2004, for 90 Alpine Drive.
Gaspare Accordo, architect for the project representing the owners whom was unable to attend the meeting tonight. Mr. Accordo reviewed the application as submitted. The additions requested would be in keeping with the same line as the character of the house and the exterior materials will be the same. The front addition will leave a 45' front setback and the side addition will stay in line of the existing footprint of the house, but because the house is already within the 20' side setback, therefore, the new side addition is requiring the variance.
There were no additional comments from the board or the public.
This is a Type II Action - no further action taken. Local matter, no SEQRA required.
Larry Magguilli moved to close the Public Hearing.
Seconded: Rufus Falk
Public Hearing closed.
20 Silco Hill
Tax #164.18-1-73
Requesting an Area Variance
Requesting relief from Code Section 185-113 C (3)
Requiring that no accessory structure shall be forward of the rear wall of the main structure.
Richard Williams, attorney to the board, read the Legal Ad as published in the Brighton Pittsford Post, Wednesday edition, April 14, 2004, for 20 Silco Hill.
Bryan Powers, project engineer from Stantec formerly Sear Brown, presented the application on behalf of Frank Mazzarella and Chuck Jansen future owner of the property. Gary DeRue is the landscape consultant for the construction of the pool. He reviewed the location of the pool and presented a revised map showing that the pool has been moved closer to the house and the new map show that the patio has been made smaller. This pool does not look out of place in the neighborhood because there are other homes that have inground pools nearby. This location of the pool does appear to be to the rear of the house but by code this pool is forward of the rear wall of the main structure. There will be a fence as per code and a landscaping buffer along Mendon Road. The homeowner and the contractor is aware that the pond is a wetland area, the pond will be cleaned up and preserved appropriately as per the e-mail from Barry Kyhos from the Sewer Dept. of the Town of Pittsford (See the ZBA application file).
Marty Brewster, Director of Planning, Zoning and Development and Barry Kyhos, Sewer Dept. will oversee the construction so that they stay in compliance with what they have submitted. He also stated that they have addressed Marty's and Barry's concerns regarding the pond. The builder's responsibility is to protect the bond and to build it to the original design submitted in the subdivision plans.
R. Williams reviewed the list of concerns submitted from Marty, a copy of which is included in the Zoning Board of Appeals file. All issues regarding the pond will be built according to the plans submitted to the Planning Board in the subdivision site plans.
Chuck Jansen, presently residing at 32 Saddle Brook, stated that Frank Mazzarella would be responsible for the buffering. He doesn't want to see Mendon Road, but there is not much he can do about it. Gary DeRue has done the other pools in the subdivision so his pool will be similar to the other ones in the area. The pond is on his property and they would like to be able to walk to the pond and that is why the path is in the plans. He stated that it is self-created because of the location of the house. The location of the pool is compatible with the layout of the house, the family room and living area will be adjacent to the pool area and this is where the family will be spending most of their time.
There were no additional comments from the board or the public.
This is a Type II Action - no further action taken. Local matter, no SEQRA required.
D. Rogachefsky commented to the board and applicant that with the submittal of the new map and information he recommends to hold this hearing open to give the board members an opportunity to review the new information. He would also like the applicant to submit colored renderings as a side visual.
R. Shaddock is concerned about the screening around the pool.
The board members concurred to hold the Public Hearing open until next month.
3690 East Avenue
St. John Fisher College
Tax #138.19-1-1
Requesting Area Variances
Requesting relief from Code Sections 185-39, Maximum Structure Height of 30' and 185-133 C (5) screening for parking lot.
Richard Williams, attorney to the board, read the Legal Ad as published in the Brighton Pittsford Post, Wednesday edition, April 7, 2004, for 3690 East Avenue.
Bob Burgdorf, Nixon Peabody LLP and Joseph Burkhart, Special Assistant to the President, presented the application for the new 3-story dormitory that will be 48' high and 47,000 sq. ft. The objective is to relieve the demand for on campus housing and it this new dormitory will be the same design as Founders Hall. The location of the building will screen Ward Haffey Hall dorms, which were built in the 1950's and will be a more pleasing sight from Fairport Road. Also a 30,000-sq. ft. academic center, which this board won't see because it does not require a variance but is before the Planning Board for review. The 48' height for the proposed domitory will include the gable roof, which is a standard style for the campus builldings. Surrounding the parking lot will be 9 or 10 different types of trees, they will dampen the mass of the building. The architect thought that the proposed landscaping would be more pleasing than what the code would require. The trees will be staggered and will not be in a line like a hedgerow. The Planning Board has not granted their approval as yet but they are hoping to receive approval at the next Planning Board meeting. Bob Burgdorf also stated that the hope of the College is to reduce the need for the use of Woodland Estates for student housing.
R. Falk asked about the re-grading of the area between the buildings.
Joe Burkhart stated that the face of the hill will stay the same - the courtyard will be raised 3' higher to be the same height as the floor of Ward Haffey Hall.
G. Dounce asked about construction time frame.
Joe Burkhart stated that they would like this dorm done by the 2005 enrollment year. This dormitory is being built with the enrollment out to the year 2010 in mind. What will happen in 2040 regarding enrollment will remain to be seen.
There were no additional 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: George Dounce
Public Hearing closed.
RESOLUTIONS:
683 Stone Road
Tax #163.16-1-24
Requesting Area Variances
Requesting relief from Codes Sections 185-113 C (3)
Requiring that no accessory structures shall be forward of the rear wall of the main structure.
Discussion:
D. Rogachefsky sees no problem with the changes in the application pertaining to the pump and heater for the pool as presented.
The board members had no other comments.
Larry Magguilli moved to grant to the owners of 683 Stone Road the requested Area Variance to construct an inground pool forward of the rear wall of the main structure at the above-mentioned property.
Seconded: Barbara Servé
Roll Call:
Webster Yes
Servé Yes
Dounce Yes
Magguilli Yes
Falk Yes
Shaddock Yes
Rogachefsky YesA resolution was passed granting the requested Area Variance to construct an inground pool forward of the rear wall of the main structure at the above-mentioned property. Completion date December 31, 2005.
See the Zoning Board of Appeals file for the resolution for Findings of Fact and Special Conditions.
224 East Street
Tax #178.12-1-19
Requesting an Area Variance
Requesting relief from Code Section 185-120 A,
requiring a 70' front setback
Discussion:
B. Servé stated that this application has already gone through the Architectural Review Board and has been granted approval pending the Zoning Board's decision.
Barbara Servé moved to grant to the owners of 224 East Street the requested Area Variance to construct a second floor addition within the 70' front setback at the above-mentioned property.
Seconded: George Dounce
Roll Call:
Webster Yes
Servé Yes
Dounce Yes
Magguilli Yes
Falk Yes
Shaddock Yes
Rogachefsky YesA resolution was passed granting the requested Area Variance to construct a second floor addition within the required 70' front setback at the above-mentioned property. Completion date December 31, 2005.
See the Zoning Board of Appeals file for the resolution for Findings of Fact and Special Conditions.
491 Mendon Road
Tax #178.03-1-77
Requesting an Area Variance
Requesting relief from Code Section 185-30 C
requiring a 20' side setback
Discussion:
No additional comments.
George Dounce moved to grant to the owners of 491 Mendon Road the requested Area Variance to construct a garage addition within the 20' side setback at the above-mentioned property.
Seconded: Robert Shaddock
Roll Call:
Webster Yes
Servé Yes
Dounce Yes
Magguilli Yes
Falk Yes
Shaddock Yes
Rogachefsky YesA resolution was passed granting the requested Area Variance to construct a garage addition within the required 20' side setback at the above-mentioned property. Completion date December 31, 2005.
See the Zoning Board of Appeals file for the resolution for Findings of Fact and Special Conditions.
90 Alpine Drive
Tax #138.18-2-36
Requesting Area Variances
Requesting relief from Code Sections 185-15 C (1) & (3)
Requiring a 70' front and 20' side setbacks
Discussion:
No additional comments.
Robert Shaddock moved to grant to the owners of 90 Alpine Drive the requested Area Variances to construct a new side and front porch additions within the 20' side and the 70' front setbacks at the above-mentioned property.
Seconded: Rufus Falk
Roll Call:
Webster Yes
Servé Yes
Dounce Yes
Magguilli Yes
Falk Yes
Shaddock Yes
Rogachefsky YesA resolution was passed granting the requested Area Variance to construct a new side and front porch additions within the 20' side and 70' front setback at the above-mentioned property. Completion date December 31, 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
Tax #138.19-1-1
Requesting Area Variances
Requesting relief from Code Sections 185-39 Maximum Structure Height of 30' & 185-133 C (5) screening for parking lot.
Discussion:
D. Rogachefsky asked does the parking lot fall under this board for a variance?
After some discussion, it was determined by Richard Williams attorney, to include the request by the applicant for the changes in their proposal regarding the screening for this parking lot.Larry Magguilli moved to grant to the owners of 3690 East Avenue, St. John Fisher College, the requested Area Variances to construct new 3-story dormitory over 30' in height and changes for the screening for the parking lot at the above-mentioned property.
Seconded: George Dounce
There were some changes to the resolution. George Dounce agreed to the changes.
Roll Call:
Webster Yes
Servé Yes
Dounce Yes
Magguilli Yes
Falk Yes
Shaddock Yes
Rogachefsky YesA resolution was passed granting the requested Area Variance to construct a new 48-foot high, 3-story dorm to be constructed at the above-mentioned property. Also, approved is the proposed screening as submitted for the parking lot. Completion date December 31, 2007.
See the Zoning Board of Appeals file for the resolution for Findings of Fact and Special Conditions.
OTHER:
- REVIEW/APPROVAL OF THE MARCH 15, 2004 MINUTES
D. Rogachefsky moved to accept the March 15, 2004 minutes as written.
Seconded: All Ayes - ASSIGN POINT PERSONS FOR THE MAY 17, 2004 MEETING.
- 83 Mitchell Road, Area Variance for an inground pool within the side setback. Peter Webster Continued Public Hearing
- 20 Silco Hill, Area Variance, for an inground pool Rufus Falk
Larry Magguilli moved for adjournment at 8:45.
Seconded: George Dounce
All Ayes
Respectfully submitted,
Sandie Freitag
Zoning Secretary
OFFICIAL BOARD MINUTES ARE ON FILE IN THE OFFICE OF THE TOWN CLERK