ZONING BOARD MINUTES
February 19, 2007
Approved 03/19/2007
Posted 03/27/07
Please take notice that the Town of Pittsford Zoning Board of Appeals held the following public hearings on Monday, February 19, 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 February 7, 2007, Wednesday edition of the Brighton Pittsford Post.
PUBLIC HEARING:
3349 Monroe Avenue
Tax 150.12-01-18
Cheesecake Factory Restaurant
Requesting relief from Code Sections 185-121 B
Requiring that no fence shall be higher than 6'.
Peter Vars, BME Associates, presented the application for the owners of the Cheesecake Factory Restaurants. The need for the 11' 4" high wall is to conceal the service area from Pittsford Plaza. The service area will have the used linens stored there for pickup, the 8' trash compactor, delivery trucks, mechanical equipment and food deliveries, among other traffic for the restaurant.
There is no additional information to add to this application.
Comments and questions from the board members are as follows:
- Is it necessary to have 3' 4" higher than the trash compactor?
- Is there no other options but to have this high of a wall?
- The Town considers this a fence and that is why you are before this board?
- Is it possible to lower the compactor?
- How long will the back part of this fence be?
- Were there any other areas that were looked at for the location of the fence?
- What is the time frame for construction?
Peter Vars responded that it is necessary to have the wall 3' 4" higher than the compactor because the grade slopes down from the plaza and with an 8' wall the compactor and delivery vehicles would be visible from the plaza. There were no other options for the location of the wall because of the floor plan of the restaurant and the delivery area. The Planning Board decided that this wall is a fence and the requirement for a fence is the maximum height of 6'. The Planning Board has granted Preliminary Approval on January 22, 2007 and they will grant final approval once the Zoning Board grants their decision on the wall. The pad for the restaurant is already being lowered and to lower the pad for the service area would not be an ideal situation. The fence along the back of the restaurant will be 90' long but the Planning Board has requested that they use brick pylons and landscaping to break up the mass of the fence. The applicant would like to start in May and have the construction done within 3 months.
David Rowe asked as to what will be stored out in the service area?
Peter Vars responded that there would not be any storage out there except the dirty linens waiting for pickup, recyclables, gas meter, water service, and rpz service. This fence is meant to screen this area from the tenants in the plaza. This building stands alone and does not have a hidden rear entrance like most of the other occupants in the plaza, so there is a need to have screening around this area.
P. Webster stated that the wall is necessary to screen the back of the building and the traffic in and out of the structure and that most of the other tenants in the plaza do not require because of the rear entrances to the back of the plaza.
Sue Crow, owner of Teschner's Paint at 3350 Monroe Avenue for 50 years, is concerned that the structure will be blocking her business. Her business is tucked between businesses and with this large of a structure in the front of the plaza no one will see her across the street from Pittsford Plaza. The Town has allowed several buildings to be built around her and it is hurting her business. Her understanding was that this restaurant was to be built in the location of the drive through of the formerly Chase Pitkin store. She had not had the opportunity to see the plans before tonight. This meeting date was the only notification that she has received.
P. Webster commented that Teschner's is across from the plaza and you are stating that no one will be able to see you if this building is built or if the fence is built?
G. Dounce stated that the only application before this board is the fence and not the building and given the location of the fence behind the building the fence will not have any impact on your business because it is the main structure that will be 26' in height that is your concern. Your concerns should be presented to the Planning Board's next meeting.
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 an Unlisted Action therefore the Planning Board did a SEQRA review on January 22, 2007.
Peter Webster moved to close the Public Hearing.
Seconded: Michael Rose
The Public Hearing is closed.
4130 East Avenue
Tax 151.10-1-10
Requesting a code interpretation of a walkout basement.
Justin Meyers, Avery Engineering, presented the building plans as were submitted to the Building Department showing the daylight basement. The daylight basement eliminates the need to bring in more fill because of how the grade slopes down a lot on the back of this lot. The applicant will add additional landscaping to screen this lower level and there will be no door and there would not be 3-stories facing the neighbors to the rear of this property.
Comments and questions from the board members are as follows:
- These building plans show that you have only eliminated the door.
- The board members meant to have the grading level with the 1st floor of the house in the rear. These plans are not what the board wanted.
- You stated in the December 18, 2006 minutes that you could do without a walkout basement.
- The December 2006 minutes and the variance stated that there would be no walkout.
This plan shows that the house will be 2-1/2 stories high to the rear. It is too much house for the neighbors to the rear of the property to look at.
Sami Mina wants to bring light into basement and if he grades to the 1st floor he will be 6' above the grade and have a steeper slope to the rear of his property and could cause a drainage problem to the properties to the rear and south of this lot. He would use smaller windows if the board would like him to. At the December meeting he was asked if a walkout basement was necessary and he had stated that he did not need the walkout basement, but he would really like to have light in the basement. He could always built the plans and come back in later to add the larger windows if the board approves this set of plans.
R. Williams stated that the original variance granted was that the house was to be 90' from the house behind it and now it is 70'. The neighbors do not want to see a 3-stoy house from their properties. The board's decision was allowing the house to be closer to the rear lot line with no walkout basement. The applicant is only removing 3' of the wall mass and that is why Dave Rowe has submitted the house plans to this board for a clarification as to what the intent of the board's resolution in which was approved in December 2006, before these plans are submitted to the Architectural Review Board for approval. If removing 3' of the wall is agreeable to this board then the applicant can proceed to ARB or if you agree with Dave Rowe that this is considered a 3-story house on the rear, then the applicant needs to resubmit new plans eliminating the 3rd floor wall from the rear of the house.
D. Rogachefsky stated that the house was to be a 2-stories so it would not have a visual impact to the properties behind this lot. Their intent was not to have a house any taller than a 2-stories to the rear, facing the neighbors.
P. Webster referred to the December 18, 2006 minutes where it clearly states that only a 2-story house was to be built and nothing more.
Comments from the public:
- Alan Oratz, 8 Briar Circle stated that his understanding was that the house was not to be any higher that a 2-story house, with no walkout basement. Mr. Oratz stated that sometime in the future the applicant could add the walkout to the basement if this partial wall remains. This land is Mr. Mina's but he is requesting that Mr. Mina please take into consideration regarding the visual impact that this 3-story house would have on his home.
Sam Mina offered to install smaller windows and go with the grades you and the neighbor want. He would install smaller windows and see how that looks and not add so much grading, and if this does not work he can come back to this board for larger windows.
D. Rowe stated that after reading the December 18, 2006 resolution he is requesting a clarification of the board's intent regarding a walkout basement that is why the building plans were submitted to this board.
There were no additional comments from the board members or the public.
RESOLUTIONS:
3349 Monroe Avenue
Tax 150.12-01-18
Cheesecake Factory Restaurant
Requesting relief from Code Sections 185-121 B
Requiring that no fence shall be higher than 6'.
Discussion: None
Peter Webster moved to grant the applicants for 3349 Monroe Avenue, the Cheesecake Factory Restaurant application for the requested area variance to allow the construction of an 11' 4" wall at the above-mentioned property.
Seconded: Barbara Servé
Roll Call: All Ayes
A resolution was passed granting the requested area variance to allow the construction of an 11' 4" high wall, when the code requires a maximum height for fences of 6', at the above-mentioned property. The minutes and resolution are on file in the Town Clerk's Office, property file and in the Zoning Board of Appeals file.
4130 East Avenue
Tax 151.10-1-10
Requesting a code interpretation of a walkout basement.
Discussion:
D. Rogachefsky stated that he spent a considerable amount of time regarding this application and writing the resolution of December 18, 2006, which clearly states that, the walkout basement is to be eliminated. The intent was to prevent the neighbors to the east from the visual impact of a 3-story house. This new plan that was submitted to the Building Department shows a rear elevation of 2-1/2 stories and the intent was to lessen the visual impact to the neighbors behind this lot on Briar Circle.
The board members are in agreement that the house is to be only 2-stories on the rear elevation.
David Rogachefsky moved to uphold the interpretation of David Rowe, Building Inspector, as to Condition 4 of the December 18, 2006 resolution that states, "The walkout on the plans submitted with the December 18, 2006 application will be eliminated to reduce the visual impact to the east". The Building Inspector interpreted such condition, as requiring that there be no more than two exposed floors of elevation on the rear of the property. The motion of Mr. Rogachefsky to uphold the Building Inspector's interpretation was seconded by member Peter Webster and upon a roll call vote the motion passed with all "ayes", except for an abstention by member George Dounce.
A motion was passed to deny the applicant's request to allow the construction of a new 2-1/2-story house at the above-mentioned property. A Notice of Decision letter will be sent to the applicant and will be on file in the Town Clerk's office, property file and the Zoning Board of Appeals file for this application.
OTHER MATTERS:
- REVIEW/APPROVAL OF THE JANUARY 17, 2007 MINUTES
The January 17, 2007 minutes were approved by unanimous vote. - POINT PERSONS FOR THE MARCH 19, 2007 MEETING
Area Variances:
- 45 Carriage Court: Michael Rose
- 17 Mitchell Road: Rufus Falk
- 91 Maywood Avenue: David Rogachefsky
- 14 Creekside Lane: Barbara Servé
- 4245 East Avenue, Nazareth College: Robert Shaddock
- 3690 East Avenue, St. John Fisher College: George Dounce
- 3006 Clover Street, Verizon Wireless: George Dounce
Planning Board requests for Lead Agency status for the following applications:
4245 East Avenue, Nazareth College
The board members voted to grant the Planning Board Lead Agency status for the above-mentioned application.
Motion for adjournment at 8:30 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