ZONING BOARD MINUTES
May 19, 2008

Approved 06/16/2008

Posted 07/14/2008

Please take notice that the Town of Pittsford Zoning Board of Appeals held the following public hearings on Monday, May 19, 2008 in the Town Hall lower level meeting room, 11 South Main Street, beginning at 7:00 P.M. local time.

PRESENT
David Rogachefsky, George Dounce, Rufus Falk,  Barbara Servé, Michael Rose, Peter Webster and Robert Shaddock

ABSENT
John Bernacki, Town Board Liaison;

ALSO PRESENT
R. Williams, Attorney; D. 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 read the Legal Notice as published in the May 7, 2008, Wednesday edition of the Brighton Pittsford Post.

PUBLIC HEARING CONTINUED

24 Amber Hill Drive
Tax #177.04-2-49
Requesting relief from Code Section 185-31 A under Section 278
Requiring a 20' rear setback
Mr. Brett Manski, owner of 24 Amber Hill Drive has withdrawn the above-mentioned application. Upon further review of the subdivision map the rear setback is 10' and not the 20' as first thought for this area. The location of the pool no longer requires a variance if the applicant does not install the pool within the established 10' rear setback. The applicant decided that he could place the pool in a location that will not encroach on the rear setback.

16 Round Trail Drive
Tax #164.19-2-54
Requesting relief from Code Sections 185-19 C (1) (3)
Requiring a 50' front & 15' side setback
Jim Johnson presented new architectural drawings for the addition to 16 Round Trail Drive, the new drawings eliminated the side setback variance from this application they only require 10' from the front setback. They took into consideration the impact on the neighbor at 14 Round Trail Drive and the very large tree behind their house. If the construction went to the back of the house the root system of the tree would be compromised and they did not want to do that cause they could kill the tree. With the prior variance the retaining wall in front of the garage would have been 6' high with the new proposal it will be about 3' high. They have looked at other homes in the neighborhood and they did not like the look of the addition above the garage. They like the look of adding the addition on the front of the house because it is much better looking and the addition would be adding about 1,000-sq. ft. to the house and would allow them access to the basement from the garage. It would also help with the slope of the driveway, he has fallen twice this past winter because of the slope to the driveway. The additional square footage would make this house compatible to the other homes in the neighborhood.

Comments/questions from the board.

Jim Johnson stated that the height of the house will only be 22' with this new addition and would not exceed the 30' maximum requirement from Town code.

Comments from the public:
George Wolff, attorney for the owners of 14 Round Trail Drive, stated that his client feels that this addition would create an undesirable detriment to his client's property and would block the sunlight into his client's house and impede their view to the canal.

This is a local matter therefore there are no comments from Monroe County Planning & Development Department. This is a Type II Action therefore is not subject to a SEQRA review.

Barbara Servé moved to close the Public Hearing. Seconded: Michael Rose
The Public Hearing is closed.

PUBLIC HEARINGS

Michael Rose abstained from this application due a conflict of interest.

90 Maywood Avenue
Tax #138.18-1-38
Requesting relief from Code Sections 185-15 C (1) (3)
Requiring a 70' front and 20' side setback
David Fitzpatrick owner of 90 Maywood Avenue, presented his application and outlined the reasons for the 5.9' side setback for the garage. The typical garage size is 24' x 24' and this would give him enough space to open his car doors and have some storage space as well. When his parents needed to have easier access to their home he saw that in the future he may have the same needs and that is the reason he wants to extend his garage out to 5.9' from the side lot line. The neighbor most affected with this proposal has no problem with his application. All of the neighbor's around him have no problem with his application and are glad to see the upgrades that his had made to the house. He has gotten signatures all of his neighbors stating that they have no problem with his application.

Comments/questions from the board.

1. Do you need this size for the garage?
2. If you took out the center post you could have a 22' x 22' garage and it would give you more of a side setback of 7.9' and have one door instead of two.
3. A 22' wide garage is not out of line with today's garages.
4. The board tries to keep at least a 10' side setback for any given property. The 5.9' variance request is just too close. They would prefer that the garage be scaled back to 7.9' from the side lot line.

David Fitzpatrick stated that he would rather have the 24' x 24' garage and the requested variance of 5.9'. The setbacks in the area are unrealistic and he does have all of the neighbor's signatures. To open up his car doors are a problem and the larger garage would prevent this from being a problem. The great room addition will follow the line of the existing house. He does not want a shed in the backyard for storage because he feels that would cause a problem with the neighbors. 24' is a typical size for a garage, and there will still be 25' between the houses.

D. Rogachefsky stated that the board would like Mr. Fitzpatrick and his architect Bob Monahan to take a moment to consider the 7.9' side setback for the garage addition.

Comments from the public: There were no comments from the public.

David Fitzpatrick stated that after conferring with his architect that 7.9' would work but he would really like to have the 5.9'.

This is a local matter therefore there are no comments from Monroe County Planning & Development Department. This is a Type II Action therefore is not subject to a SEQRA review.
George Dounce moved to close the Public Hearing. Seconded: Rufus Falk
The Public Hearing is closed.

27 Landsdowne Lane
Tax #151.11-1-43
Requesting relief from Code Section 185-121 A
Requiring that no fence shall be higher that 3' within the front setback.
Gary Brandt, owner of 27 Landsdowne Lane, has three automobiles and he wants to park one of them off of the driveway and create less of a visual barrier to the neighbors. The neighbors around him do not have a problem with this fence.

Comments/questions from the board.

1. Is the fence already built?
2. Have you considered building a 3rd bay garage?
3. Did you read the letter that was sent to you from Dave Rowe, Building Inspector, dated January 19, 2007?
4. Are you aware that this fence was built in the 70' front setback?

Gary Brandt responded that the fence is already built, and he was under the impression that this was his side yard and that the front setback did not apply to this part of his yard. To build a 3rd bay on his garage would be too expensive. If the board does not want to grant the variance for this fence to remain he will take it down and then have his car sitting out on the driveway all of the time.

Comments from the public:
Ken 15 Landsdowne Lane, stated that this is a corner lot and has to front setbacks of 70', he had no problem with the use for storing a car but he does have a problem with what this area will be used for in the future.

This is a local matter therefore there are no comments from Monroe County Planning & Development Department. This is a Type II Action therefore is not subject to a SEQRA review.
George Dounce moved to close the Public Hearing. Seconded: Rufus Falk
The Public Hearing is closed.

16 Beech Road
Tax #150.20-2-51
Requesting relief from Code Section 185-121 A
Requiring that no fence shall exceed 3' within the front setback.

Mrs. Geraldine Deyo, 16 Beech Road, has submitted a statement dated May 12, 2008 withdrawing her application for an area variance for a 4' high fence within the front setback.

80 Ellingwood Drive
Tax #138.18-1-65
Requesting relief from Code Section 185-15 C (3)
Requiring a 20' side setback
Fred Beltz, owner of 80 Ellingwood Drive, outlined the application for the master bedroom and closet space with a laundry room on the 1st floor. This will add about 400-sq. ft. to the 1,500-sq. ft. house making the house about 1,900-sq. ft. This house will now become compatible with the other homes in the area for square footage.

Comments/questions from the board.

1. This addition will be no closer to the lot line than the existing house?

Mr. Beltz responded that the addition will be directly behind the house and will be no closer to the side lot line that the existing house.

Comments from the public: There were no comments from the public.

This is a local matter therefore there are no comments from Monroe County Planning & Development Department. This is a Type II Action therefore is not subject to a SEQRA review.
Barbara Servé moved to close the Public Hearing. Seconded: Robert Shaddock
The Public Hearing is closed.

16 Bretton Woods Drive
Tax 163.03-1-52
Requesting relief from Code Section 185-15 C (1)
Requiring a 70' front setback
Terri Bobry, owner of 16 Bretton Woods Drive, presented a new site plan showing the bay window that will be further into the front setback that was proposed in the initial application.

Comments/questions from the board.

1. What is the square footage of the existing house now?
2. Is a side setback variance required?

Ms. Bobry indicated that the addition would only be enclosing existing porches and the footprint of the house will not change. The square footage of the house is about 3,000-sq. ft.

R. Williams stated that a side setback is not required because the enclosed porch already exists.

Comments from the public: There were no comments from the public.

This is a local matter therefore there are no comments from Monroe County Planning & Development Department. This is a Type II Action therefore is not subject to a SEQRA review.
George Dounce moved to close the Public Hearing. Seconded: Michael Rose
The Public Hearing is closed.

27 Candlewood Circle
Tax #163.03-1-25
Requesting relief from Code Section 185-23 C (3)
Requiring a 15' side setback.
Christine Feck, owner of 27 Candlewood Circle, presented the application for the above ground pool. The proposed location and request for a 7' side setback is the only place this pool can go. There is a French drain system and overhead wires to the right of the proposed location and to bring the pool closer to the house would put the pool too close to the house. The Harrises, 27 Candlewood Circle, submitted a letter dated May 16, 2008 stating that they are now okay with this application as long as the Fecks plant some trees to screen the pool from their backyard.

Comments/questions from the board.

1. What is the distance from the fence to the back patio?
2. Can the pool be moved closer to the fence?
3. The pool looks like it could be moved over a couple of feet.

Mr. Feck stated that there is only 7-8' from the privacy fence to the pool, the drainage system for the down spouts run from the back of the house to the back corner of the lot. The backyard was always wet that is why the prior owner put in the drainage system. They don't want to get too close to this drainage system. The drawing is not perfect and the pool will be closer to the house that it looks on the map that was submitted with this application. The neighbors at 27 Candlewood Circle and the Fecks will be planting some arborvitaes along the lot line between the two properties to screen the pool from the Harrises backyard.

Comments from the public: There were no comments from the public.

This is a local matter therefore there are no comments from Monroe County Planning & Development Department. This is a Type II Action therefore is not subject to a SEQRA review.
Robert Shaddock moved to close the Public Hearing. Seconded: Rufus Falk
The Public Hearing is closed.

353 Kilbourn Road
Oak Hill Country Club
Tax # 138.17-1-13.11
Requesting an amendment to the variance granted on December 17, 2007.
Jim Condon, President of Oak Hill Country Club, stated that they were requesting an amendment to the December 17, 2007 resolution regarding Condition #7 stating that, "The color of the netting for the driving range to be a light brown earth tone color." Mr. Condon requested that they be allowed to use the black netting that exists presently and that the netting looks good from a distance. When the netting needs to be replaced they will look into installing dark green netting. The lighter colors do not hold up very well and they reflect the light, where the darker colors absorb the light and tend to hold the color longer.

Comments/questions from the board.

1. Why did you install the netting and then come in to ask for the amendment?
2. The original netting had faded and is not the original color.

Mr. Condon stated that the netting they put back up was the new netting that they had installed that was on the 75' poles and not the netting that came down during the storm.

Comments from the public: Mr. John Luke submitted a letter dated April 10, 2008 requesting that if the Country Club decides that they need to change the netting out they will have to present the change of color to the Homeowners Association for approval.

R. Williams stated that with the amendment of the December 17, 2007 resolution the board would make it clear that any change to the netting color Oak Hill Country Club would be required to submit the change to this board for approval not the Homeowner Association.

This is a local matter therefore there are no comments from Monroe County Planning & Development Department. This is a Type II Action therefore is not subject to a SEQRA review.
Peter Webster moved to close the Public Hearing. Seconded: David Rogachefsky
The Public Hearing is closed.

RESOLUTIONS

16 Round Trail Drive
Tax #164.19-2-54
Requesting relief from Code Sections 185-19 C (1) (3)
Requiring a 50' front & 15' side setback
The side setback variance has been removed as per the new submitted site plan presented at this meeting.
Discussion:
B. Servé commented that the benefits sought by the applicant out ways any detriment to the neighbors, the applicant will be addressing the drainage issue and if the owner was to build an addition to the rear of the property it would damage the root system to the very large tree in the backyard. The neighbors have a lot of big trees and the applicant will add some trees that will enhance the home. The addition will enhance the front of a flat looking house.
P. Webster concurs with these statements and he feels that the addition will not have any impact on any house in the neighborhood.
The other board members agreed with these statements.

Barbara Servé moved to grant to the owners of 16 Round Trail Drive the requested area variance to allow the construction of a new addition within the front setback the above-mentioned property.
Seconded: Rufus Falk Roll Call: All Ayes

A resolution was passed granting the requested area variance to allow a 40' front setback to construct a new addition, when the code requires a 50' front setback at the above-mentioned property. The resolution is on file in the Town Clerk's Office, property file and in the Zoning Board of Appeals file.

90 Maywood Avenue
Tax #138.18-1-38
Requesting relief from Code Sections 185-15 C (1) (3)
Requiring a 70' front and 20' side setback
Michael Rose abstained from voting regarding this application due to a conflict of interest.
Discussion: There was no additional discussion regarding this application.

Rufus Falk moved to grant to the owners of 90 Maywood Avenue the requested area variance to allow the construction of two new additions within the front and side setbacks the above-mentioned property.
Seconded: George Dounce Roll Call: All Ayes

A resolution was passed granting the requested area variances to allow a 50.2' front setback and a 7.9' side setback for the construction of two new additions when the code requires 70' front and a 20' side setback at the above-mentioned property. The resolution is on file in the Town Clerk's Office, property file and in the Zoning Board of Appeals file.

27 Landsdowne Lane
Tax #151.11-1-43
Requesting relief from Code Section 185-121 A
Requiring that no fence shall be higher that 3' within the front setback.
Discussion:
This fence will eliminate the outside storage of a 3rd car. The applicant was unclear what Dave Rowe's letter restricted him from doing. There is no opposition from the neighbors.

Robert Shaddock moved to grant to the owners of 27 Landsdowne Lane the requested area variance to allow the 6' high fence to remain within the front setback the above-mentioned property.
Seconded: David Rogachefsky Roll Call: G. Dounce, M. Rose, P. Webster, R. Shaddock & D. Rogachefsky voted Yes. B. Servé & R. Falk voted No. A 5 to 2 vote motioned approved.

A resolution was passed granting the requested area variance to allow a 6' high fence within the front setback when the code requires that no fence shall exceed 3' in height within the front setback at the above-mentioned property. The resolution is on file in the Town Clerk's Office, property file and in the Zoning Board of Appeals file.

80 Ellingwood Drive
Tax #138.18-1-65
Requesting relief from Code Section 185-15 C (3)
Requiring a 20' side setback
Discussion:
The addition will extend to the back of the house coming no closer to the side lot line than the existing house.

Rufus Falk moved to grant to the owners of 80 Ellingwood Drive the requested area variance to allow a new addition within the side setback the above-mentioned property.
Seconded: Michael Rose Roll Call: All Ayes

A resolution was passed granting the requested area variance to allow a 14.78' side setback when the code requires a 20' side setback at the above-mentioned property. The resolution is on file in the Town Clerk's Office, property file and in the Zoning Board of Appeals file.

16 Bretton Woods Drive
Tax 163.03-1-52
Requesting relief from Code Section 185-15 C (1)
Requiring a 70' front setback
Discussion:
The footprint of the house will remain the same except for the addition of a bay window that extends approximately 2' into the front setback.

David Rogachefsky moved to grant to the owners of 16 Bretton Woods Drive the requested area variance to allow the construction of enclosing an existing front porch into a kitchen expansion and a bay window within the front setback the above-mentioned property.
Seconded: Rufus Falk Roll Call: All Ayes

A resolution was passed granting the requested area variance to allow the construction to enclose an existing front porch into living space and for the addition of a 2' +/- bay window within the front setback at the above-mentioned property. The resolution is on file in the Town Clerk's Office, property file and in the Zoning Board of Appeals file.

27 Candlewood Circle
Tax #163.03-1-25
Requesting relief from Code Section 185-23 C (3)
Requiring a 15' side setback.
Discussion:
The applicant should be commended on the preparation for this application and working with the neighbors to address their concerns. It is not a bad looking pool.

George Dounce moved to grant to the owners of 27 Candlewood Circle the requested area variance to allow an above ground swimming pool within the side setback the above-mentioned property.
Seconded: Barbara Servé Roll Call: All Ayes

A resolution was passed granting the requested area variance to allow a 7' side setback for the construction of an above ground pool when the code requires a 15' side setback at the above-mentioned property. The resolution is on file in the Town Clerk's Office, property file and in the Zoning Board of Appeals file.

353 Kilbourn Road
Oak Hill Country Club
Tax # 138.17-1-13.11
Requesting an amendment to the variance granted on December 17, 2007.
David Rogachefsky moved to grant the requested amendment of the area variance for Condition #7 to the owners of 353 Kilbourn Road, Oak Hill Country Club as granted on December 17, 2007 regarding the netting color for the driving range net. The board granted approval to allow the black netting to remain on the driving range poles at the above-mentioned property. However, when the Country Club makes the decision to change the color of the netting they are requested to submit the changes to this board for approval. Seconded: Michael Rose
The Board Members unanimously granted approval for the amendment to the December 17, 2007 resolution as stated above.

The resolution is on file in the Town Clerk's Office, property file and in the Zoning Board of Appeals file.

90 West Brook Road
Tax #150.16-2-12
Requesting an extension of time in the variance that was granted on January 22, 2003.
David Rogachefsky moved to grant to the owners of 90 West Brook Road the extension of time until December 31, 2009, for the construction of an inground pool to be forward of the rear wall of the main structure and a 4' high fence to be installed within the front setback.
Seconded: Peter Webster

The Board Members unanimously granted the extension of time for the owners of 90 West Brook Road until December 31, 2009 to install the inground pool and fence as mentioned in the above motion.

OTHER

1. Review/Approval of the April 21, 2008 minutes.
   By voice vote the minutes were unanimously approved.
2. Point Persons for the June 16, 2008 meeting.

PUBLIC HEARINGS

1. 9 Sunrise Hill, Barbara Servé
2. 30 Arlington Drive, George Dounce
3. 18 Arlington Drive, Robert Shaddock
4. 24 Woodland Road, Barbara Servé
5. 175 Mill Road, Michael Rose
6. 71 Crestview Drive, Rufus Falk
7. 2636 Clover Street, Peter Webster
8. 3000-3060 Monroe Avenue, David Rogachefsky

Respectfully submitted,

Sandie Freitag
ZBA Secretary

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