ZONING BOARD MINUTES
January 17, 2007

Approved 02/19/2007

Posted 03/13/2007

Please take notice that the Town of Pittsford Zoning Board of Appeals held the following public hearings on Wednesday, January 17, 2007 in the Town Hall lower level meeting room, 11 South Main Street, beginning at 7:00 P.M. local time.

MEMBERS PRESENT
David Rogachefsky, Michael Rose, George Dounce, Rufus Falk, Barbara Servé, R. Shaddock; and Peter Webster

ALSO PRESENT
D. Rowe, Building Inspector and J. Higgins, Town Board Liaison; R. Williams, Attorney

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 January 3, 2007, Wednesday edition of the Brighton Pittsford Post.

PUBLIC HEARING CONTINUED:

3737 Monroe Avenue
Tax 151.17-1-11
Requesting relief from Code Sections 185-113 C (1), (2) & (3)
Requiring that no accessory structure shall be over 180-sq. ft., 12' in height and not forward of the rear wall of the main structure.

Pat Bailey, owner of 3737 Monroe Avenue stated that a new plan was submitted to the board showing the landscaping to be installed to shield the garage from the neighbors. The neighbors should not be able to see this detached garage the only visual side will be within the property itself.

Comments and questions from the board members are as follows:

• Is the size of the structure necessary or could you downsize it?
• Have you thought about attaching it to the main house?
• Is there another alternate site for this detached garage?

Pat Bailey responded that he has three 6-year old sons and needs the storage space. They could probably down size 8 or 9' but that would not help solve their storage problem. If they move the garage to the left of the house they would be entering the house through the bedroom wing and the layout of the house does not lend to having the garage on the left. Also, when leaving the house and if the garage is to the left they would have a long walk to the garage. If they put the garage to the rear of the house they would have to bring in a lot of fill to level the ground. If the garage was in the rear the neighbors would see a lot more of the detached garage then they would with the proposed location. He does not want to remove any more of the trees and with the planting of 6 - 8' trees and with the land higher than the neighbors they will see very little of the garage.

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

106 North Country Club Drive
Tax 151.05-1-2
Requesting relief from Code Section 185-15 C (3)
Requiring a 20' side setback

David Woehr owner of 106 North Country Club Drive presented his application outlining the need for the addition and if it were not for the fact that they were hit by lightening in September they would not be here. They decided to add on given the fact that they have to repair the fire damage any way. They are requesting to have a 12' side setback and the neighbor next door is 20' off their lot line therefore the addition will be 32' from the living room side of the neighbor's house. Once the neighbor saw where the stakes were for the addition he did not have a problem with the application.

Comments and questions from the board members are as follows:

• Did any of the other neighbors have any comments?

David Woehr stated that none of the other neighbors had a problem with this addition.

There were no additional comments from the board members or 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: Michael Rose
The Public Hearing is closed.

RESOLUTIONS:

3737 Monroe Avenue
Tax 151.17-1-11
Requesting relief from Code Sections 185-113 C (1), (2) & (3)
Requiring that no accessory structure shall be over 180-sq. ft., 12' in height and not forward of the rear wall of the main structure.

Discussion:
The applicant submitted a landscaping plan but did not change the size of the garage. The Town Board when doing the design guidelines for Monroe Avenue did not take into consideration that there were some very big lots and this size of a garage should not be a problem with the garage to the front of the house. There is a large berm that will screen the garage and this building will not have a negative impact on the neighborhood in the proposed location. If they attached the garage it would have a greater impact on the neighborhood because of the massive wall that the neighbors behind the house would be looking at. The neighbors behind this property will only be looking at the depth of the garage not the width.

George Dounce moved to grant the owners of 3737 Monroe Avenue the requested area variances to allow the construction of an oversized accessory structure and to be forward of the rear wall of the main structure at the above-mentioned property.
Seconded: David Rogachefsky
Roll Call: All Ayes

A resolution was passed granting the requested area variances to allow the construction of a new accessory structure to be 1,144-sq. ft., 25' in height and forward of the rear wall of the main structure at the above-mentioned property. The minutes and resolution are on file in the Town Clerk's Office and in the Zoning Board of Appeals file.

106 North Country Club Drive
Tax 151.05-1-2
Requesting relief from Code Section 185-15 C (3)
Requiring a 20' side setback

Discussion:
B. Servé commented that she had no problem with the 1-story - 96-sq. ft. addition and the neighbor that is most effected does not have a problem with this application either. This is the only feasible location for the addition because of the situations mentioned during the prior discussion for this application.

Barbara Servé moved to grant the owners of 106 North Country Club Drive the requested area variance to allow the construction of a new addition within the 20' side setback at the above-mentioned property.
Seconded: Robert Shaddock
Roll Call: All Ayes

A resolution was passed granting the requested area variances to allow the construction of a new addition within the 20' side setback allowing a side setback of 12' at the above-mentioned property. The minutes and resolution are on file in the Town Clerk's Office and in the Zoning Board of Appeals file.

OTHER MATTERS:

• REVIEW/APPROVAL OF THE DECEMBER 18, 2006 MINUTES
  The minutes were approved by unanimous vote.


• POINT PERSONS FOR THE FEBRUARY 19, 2007 MEETING
  1. 3349 Monroe Avenue, Cheesecake Factory: Peter Webster
  2. 4130 East Avenue, David Rogachefsky - March 19, 2007 meeting
  3. 4245 East Avenue, Nazareth College: Robert Shaddock
     


• Planning Board requests for Lead Agency status for the following applications:
  1. 3349 Monroe Avenue, Cheesecake Factory
  2. 3195 Monroe Avenue, Wegmans Wine & Spirits Store.

The board members voted to grant the Planning Board Lead Agency status for the above-mentioned applications.

Motion for adjournment at 8:45 p.m.
Roll Call: All Ayes

Respectfully submitted,

Sandie Freitag
Zoning Secretary

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