ZONING BOARD MINUTES
January 22, 2003

Approved 02/26/03

Posted 02/27/03

Minutes of the Zoning Board meeting held in the Town Hall, lower level meeting room, 11 South Main Street, Pittsford, on January 22, 2003 and filed in the Town Clerk's office.

MEMBERS PRESENT:
Ed Starowicz, David Rogachefsky, Rufus Falk, George Dounce, Peter Webster & Barbara Servé.

MEMBERS ABSENT
Larry Magguilli

ALSO PRESENT
Richard Williams, Attorney, David Rowe, Building Inspector, Kelly Cline

Chairman, Ed Starowicz, 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.
Chairman, Ed Starowicz, commented that notification had been received on the following application

966 Linden Avenue
Pellegrino's Deli/Café
Tax #139.13-2-4
Requesting relief from Code Section 185-138A(4), requiring no signage shall exceed 100-sq. ft. in area, two signs are permitted when there are multiple elevations facing abutting highway.

The applicant has requested to have this application held over until February or possibly March.
No action was taken on this application.

Lead Agency Applications
St. John Fisher College- Dorsey Hall extension
3690 East Avenue
Preliminary Site Plan/Special Permit

Chairman, Ed Starowicz indicated that the Planning Board requested that they be designated Lead Agency. Ed Starowicz moved for Planning Board to be Lead Agency regarding this application.
Roll Call: All Ayes

Applebee's Restaurant
Pittsford Plaza
Preliminary Site Plan/Special Permit

Chairman, Ed Starowicz indicated that the Planning Board requested that they be designated Lead Agency. Ed Starowicz moved for Planning Board to be Lead Agency regarding this application.
Roll Call: All Ayes

CONTINUED PUBLIC HEARINGS

1 Silco Hill
Tax #164.18-1-61
Requesting Area Variances
Code Section(s) 185-113 C(1) & (2) (6)
Requiring that no accessory structure shall exceed 180-sq. ft. nor shall exceed 12' in height and requiring a side setback.

Chairman, Ed Starowicz indicated that Peter Webster the point person for this application was not present and therefore a resolution was not proposed and that the application was help open.

Discussion:

• Chairman, Ed Starowicz inquired as to the status of the sewer easement. Rich Williams indicated that the easement had no impact on the application.
• Lynda Page, indicated that she was representing her husband Charles and herself, owner's of 1 Silco Hill.
• Rufus Falk commented that the depth of the structure seemed to be a concern.
• Dave Rogachefsky inquired as to the size of the house and the size of the lot.
• Rufus Falk inquired as to previous structures on the property that may have been removed.
• Peter Webster commented that a four-car garage on a ½ acre lot was not appropriate. Additionally that he was unaware of any other situations like this. He inquired as to why storage outside was not an option.
• George Dounce commented that a large barn was located on the property, which was removed.
• Chairman, Ed Starowicz commented that two residents, the Koster's and Mr. Silco, both residents of Jodan Road had spoken previously and were not opposed to the application.
• Lynda Page responded to the questions by explaining that the depth was determined by the need to double up recreational vehicles as well as personal vehicles. She indicated that they could store the vehicles outdoors but wished to put them undercover. She indicated that the adjacent development had restrictions regarding storage and that they wanted to be good neighbors and store the vehicles inside. She also indicated that there were at least two other homes on Jordan that had detached garages and she presented pictures.
• Marlene Koster, 30 Jordan Road, spoke for the variance, stating she would prefer to have the vehicles stored inside.
• James Koster, 30 Jordan Road, spoke for the variance application, indicating that he would like the Pages granted the variance.

At this time there were no additional comments from the Board Members of 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 David Rogachefsky
Hearing Closed

Public Hearings:
2740 Clover Street
Tax #150.20-1-28
Requesting relief from Code Section 185-15 C(1), Requiring a 70' front setback

• Chairman, Ed Starowicz opened the Public Hearing for 2740 Clover Street.
• Richard Williams, attorney, read the legal notice as published in the Brighton Pittsford Post dated December 26, 2002.
• Rufus Falk inquired as to if other designs had been considered.
• Maryalice Keller, 2740 Clover Street indicated that the lot was pie shape. She indicated that they were not able to go to the left or back and still meet their needs.
• G. Dounce questioned the current distance that the structure is from the road.
• Maryalice Keller indicated that it was approximately 35' and that the addition would not be beyond the current structure.

At this time, there were no additional comments from the Board Members or the public. This is a Type II Action - no further action was taken. Local matter, no SEQRA required.
Rufus Falk moved to close the Public Hearing.
Seconded Ed Starowicz
Hearing Closed

90 West Brook Road
Tax #150.16-2-12
Requesting an extension of time for the construction of an over sized accessory structure.

Chairman, Ed Starowicz opened the Public Hearing for 90 West Brook Road.

• Richard Williams, attorney, read the legal notice as published in the Brighton Pittsford Post dated December 26, 2002.
• Kevin Kelly, 90 West Brook stated that he is seeking an extension. Circumstances have changed and they have not been able to complete the project. He is requesting a 3 to 5 year extension.
• Chairman, Ed Starowicz commented that the Board did not need anything, everything had been completed, that this was an extension of an approval granted May 21, 2001.
• Richard Williams commented that the original approval indicated that the construction was to be completed by 12/31/02.
• Peter Webster inquired as to what the Board should be considering when granting an extension. He expressed concern that the Board would be setting precedence.  He recommended granting an extension for a time period that the Board is comfortable with and in which circumstances shouldn't change.
• Rich Williams explained that an extension avoids having to repeat the variance process.

At this time there were no additional comments from the Board Members or the public.
Peter Webster moved to close the Public Hearing.
Seconded: Rufus Falk
Hearing Closed

RESOLUTIONS

1 Silco Hill
Tax #164.18-1-61
Requesting Area Variances
Code Selection(s) 185-113 C (1) & (2) (6)
Requiring that no accessory structure shall exceed 180-sq. ft. nor shall exceed 12' in height. And requiring a 15' side setback.

Discussion:

• Barbara Servé expressed a concern regarding the size of the lot compared to the size of the structure. She commented that she didn't think anything that large had been granted.
• Ed Starowicz commented that there was a situation on East Street that the percentages were similar.
• David Rogachefsky reviewed the adjacent development in regards to the size of the houses and lot sizes. He indicated that the houses were larger than what was originally proposed. He commented that the square footage of the proposed structure along with the existing house would be equivalent or even smaller than what exists in the new subdivision.
• Barbara Servé inquired as to the Town's approval of large homes on smaller lots.
• Rich Williams explained the process by which the Town regulates the size of homes.
• Ed Starowicz commented that the owner is trying to maximize their return and have agreed to provide landscaping. Additionally he commented that there is another lot on the curve where a house will be built.
• Rufus Falk indicated that the narrow section would face Mendon Road.

Ed Starowicz moved to grant the owner(s) 1 Silco Hill, the requested Area Variance, which will allow the construction of a new detached garage over 180-sq. ft. over 12' in height and within the 15' side setback.
Seconded: George Dounce

There was discussion regarding this resolution. It was requested that the resolution be amended. Changes were made and approved by George Dounce.
Roll Call: 5 Ayes, 1 Nay

A resolution was passed granting the requested area variance to allow the construction of a new detached garage over 180-sq. ft. over 12' in height and within the 15' side setback. Construction completion date December 31, 2005.
See resolution attached for Findings of Fact and Special Conditions.

90 West Brook Road
Tax #150.16-2-12
Requesting an extension of time for the construction of an over sized accessory structure.

Discussion:

• Chairman, Ed Starowicz reviewed the issue of time frame for the extension.
• Rich Williams commented that it is logical to be consistent with the time frames.

Rufus Falk moved to grant the owner(s) 90 West Brook, the requested extension of time for the construction of an over sized accessory structure, of which an approval already was granted on May 21, 2001.
Seconded: Dave Rogachefsky
Roll Call: All Yeas

A resolution was passed granting the extension of time for the construction of an over sized accessory structure. Construction completion date December 31, 2006.
See resolution attached for findings of Fact and Special Conditions.

2740 Clover Street
Tax #150.20-1-28
Requesting relief from Code Section 185-15C (1), Requiring a 70' front setback

Discussion:

The Board members saw no problems with this application.

Rufus Falk moved to grant the owner(s) 2740 Clover Street, the requested Area Variance which will allow for the front setback.
Seconded: Ed Starowicz
Roll Call: All Yeas

A resolution was passed granting the requested Area Variance which will allow for the construction of a new addition in the front setback. Construction completion date December 31, 2006.
See resolution attached for Findings of Fact and Special Conditions.

PUBLIC HEARINGS CONTINUED:

300 Monroe Avenue
Spring House Commons
Tax#150.8-1-62.1
Requesting relief from Code Section 185-42 & 44
Requiring a 30' front, 20' side;
A minimum of area of 30,000-sq. ft.
And average lot width of 150'

3000 Monroe Avenue
Spring House Commo9ns
Tax #150.8-1-71 & 73
Requesting relief from
Code Section 185-43
Requiring a 30' rear, 20' side

Chairman, Ed Starowicz opened the Public Hearing for 3000 & 3001 Monroe Avenue.

• Richard Williams, attorney, read the legal notices as published in the Brighton Pittsford Post dated December 26, 2002.
• Rich Williams commented that the Board can not pass a resolution until such time as the Planning Board determines SEQRA.
• Kevin Lanander of Passero Associates indicated that the required documentation had been submitted and he along with Don Lasser of Buckingham properties were present to answer any questions that the Board may have.
• David Rogachefsky inquired as to the size of the buildings. Additionally, he commented that the site plan has changed slightly and the single site plan sheet was the latest. Kevin Lanader reviewed the leasable areas and he explained how they achieved the parking ratios. He indicated that according to standards they were a little short, but had common ownership of the adjacent parcel.
• Rich Williams commented that the Planning Board was currently reviewing the parking.
• Members of the Board expressed concerns regarding buffering along Parcel A, parking configuration, the height of Building 5 and the need for variances.
• Kevin Lanander commented that the plan included lighting, landscaping and that the design was consistent with the Monroe Avenue Design Guidelines.
• Peter Webster questioned the distances between Parcel A and the residents.

Public Comments:

• Tom Gillett of 105 Pickwick Drive spoke against the application. He stated that he had numerous comments which are detailed in a letter of which a copy is attached to these minutes.

Tom Gillett made the following additional comments:

1. He had sent comments to the Brighton Planning Board because Parcels B & C were largely in Brighton and the parking ratios didn't add up.
2. Parcel G which were the RG & E right-of-way and the Auburn Railroad is still zoned residential.
3. That Building 5 is a three-story building which would replace the view of the Spring House they currently have.
4. The variances requested would be in conflict with the Monroe Avenue Design Guidelines.
5. He expressed a concern regarding the front set-backs.
6. He commented that the railroad path would be effected along with the adjacent neighborhood.
7. He requested that the variance requests be rejected and that the project be re-scaled and re-designed.
8. There has not been any dialogue between the developer and neighborhood.
9. That Parcel G does not meet the requirements of Zoning.

• Rich Williams commented that the Monroe Avenue Design Guidelines were guidelines not code. The Boards are required to use the Design Guidelines and to take them into consideration. The guidelines make suggestions for development.
• Ed Starowocz reviewed the Zoning Board's role, the type of information they are trying to gather and how it relates to mediating problems with the developer.
• Peter Webster expressed concern regarding the elimination of the Auburn Trail. Peter Webster questioned as to why the Zoning Board had the application if SEQRA had not been completed.
• Joe Lippert of 122 Pickwick Drive spoke against the request for the variances. Mr. Lippert commented that the approval of the variances would put the parking and entry of building 5 in the backyards of the properties. He also commented that the 3 story building would be looking into the neighborhoods that has never had a building looking into it before.
• Rich Williams commented that the height of the building is not the issue for this board.
• Wesley Perkins of 85 Pickwick Drive spoke against the request for the variance. Commented that he has been to Planning Board and expressed his concerns.

Wesley Perkins made the following additional comments.

1. The map does not accurately depict the location of the buildings in relation to the homes.
2. Due to the size of the building, a variance approval would effect the neighborhood.
3. Allowing a variance for a larger building would add additional burden of traffic and parking.

• John Sigrist of 99 Shoreham Drive spoke against the variance request. He commented that the developer was putting a 12,000 sq. foot building on too small of a lot. He questioned as to if the developer had considered a smaller building and to look at other comparable buildings. Additionally, he commented that the lights from the parking lot would shine into the homes and that there would be an increase in noise and traffic. He also indicated that he was surprised that the Planning Board closed the hearing.
• Rich Williams explained that the Planning Board could reopen the hearing if significant changes were to be made.
• Jane Reynolds of 49 Shoreham Drive spoke against the approval of the variances. She commented that there would be an increase in curb cuts and traffic. She also expressed concerns that the right of way would be paved over and inadequate parking.
• Patricia Clark of 122 Pickwick Drive spoke against the approval of the variances. She commented that she would prefer parking in front of the buildings. She indicated that currently there was natural vegetation between the neighborhood and Monroe Avenue that would be removed.

Discussion:

• Peter Webster requested that the applicant enhance the application to describe how they would preserve the character of the neighborhood. He also requested that the applicant provide an accurate map depicting the residents behind Parcel A. Additionally, he requested that the applicant show justification that they have complied with Monroe Avenue Design Guidelines.
• David Rogachefsky inquired as to if the Zoning Board could send an opinion to the Planning Board. Rich Williams will research if it is appropriate for the Board to comment on planning issues.
• Ed Starowicz commented that the goal of the Zoning Board was to mitigate the variance request. He suggested proposing to the applicant to reduce the size of the building to mitigate the situation. Additionally, he commented on the average set backs on Monroe Avenue.
• Additional discussion held regarding character of the neighborhoods, size of buildings the railroad trail and available parking.
• Rich Williams commented that the Board has to keep focus on the side setbacks and front setbacks.
• Wesley Perkins inquired as why it was necessary to build a building that violates codes and requires variances.
• Rich Williams noted that the issue of necessity is not relevant in respect to the issue of area variances.

At this time there were no new additional comments from the Board Members of the public. Peter Webster requested that the hearing be held open.

OTHER MATTERS

1. REVIEW/APPROVAL OF MINUTES
   1. November 18, 2002 -
      Roll Call: All Ayes with the exception of David Rogachefsky who abstained.
   2. December 16, 2002 - A correction to the minutes was noted. The December minutes should reflect that Peter Webster and Larry Magguilli were also absent.
      Roll Call: All Ayes with the exception of George Dounce who abstained.
      
2. Discussion held regarding the February Meeting.
   It was suggested that the meeting be rescheduled for February 26, 2003.
   
3. POINT PERSONS FOR NEXT MEETING
   1. 146 Kilbourn Road - Area Variance George Dounce
   2. St. Fisher College, Dorsey Hall Peter Webster

Ed Starowicz moved to adjourn.
Seconded: Barbara Servé

Respectfully submitted,
Kelly Cline,
TOWN OF PITTSFORD

THE OFFICIAL BOARD MINUTES ALONG WITH ATTACHMENTS, IF ANY, ARE ON FILE IN THE TOWN CLERK'S OFFICE, LOCATED IN THE PITTSFORD TOWN HALL, 11 S. MAIN STREET, AND ARE AVAILABLE FOR REVIEW DURING REGULAR BUSINESS HOURS OF 9:00 A.M. TO 5:00 P.M. WEEKDAYS.