ZONING BOARD MINUTES
February 21, 2005

Approved 03/21/2005

Posted 03/28/2005

Please take notice that the following public hearings were held by the Town of Pittsford Zoning Board of Appeals on Monday, February 21, 2005 in the Town Hall lower level meeting room, 11 South Main Street, beginning at 7:00 P.M. local time.

MEMBERS PRESENT
George Dounce, Robert Shaddock, Rufus Falk, Mike Rose and Peter Webster  

ABSENT
David Rogachefsky, Barbara Servé

ALSO PRESENT
Richard Williams Attorney, David Rowe Building Inspector, Sandy Zutes Town Board Liaison

Board Member, George Dounce, acting chairman, called the regularly scheduled meeting of the Zoning Board of Appeals to order at approximately 7:00 p.m.

Richard Williams, attorney to the board, read the Legal Notices as published in the February 9, 2005, Wednesday edition of the Brighton Pittsford Post for the following properties:

PUBLIC HEARING:

540 Clover Hills Drive,
Tax #155.01-02-27,
Requesting relief from Code Section 185-15 C (1),
Requiring a 70' front setback
Zoned AA Residential

Mike Millner, owner of 540 Clover Hills Drive presented the elevations and site plan for the new home. The neighborhood was built in the 1890's. The proposed house will be in a traditional style, which will blend with the neighborhood. In 1996 & 2000 they had torn down other homes on the street and rebuilt. The houses on the north and south are within the front setback also. The house is over 50 years old therefore it is required by town code to advertise for 60 days for the demolition of the house. The other buildings will be removed. As soon as the 60 days are up for advertising they will get started. This house has been for sale for a long time and it is not up to code. The only solution for this parcel was to take the house down and rebuild.

P. Webster commented as to whether or not this will be the only variance required and if the new house can be built without any additional variances.

Mike Millner assured the board that he could stay within the side and rear setbacks it is only the front setback variance that is needed. The existing house is approximately 3300-sq. ft. and built in the 1930's or late 1940's it has no basement, and there is not much that can be done to the house to make it marketable.

R. Williams asked if this 70' front setback was a negative to the house.

Greg McMahan, McMahan & LaRue Associates, stated that the three houses on Clover Hills Drive that are in the Town of Pittsford are on septic systems, sewers are not in the area. They will have to build a new septic system and if the house was moved back to far on the lot there would not be the room required for the septic system and leach fields. The lot drops off in the back and a lot of fill would be required. A septic system by code needs to be 20' from the house. There is a 30' wide buffer of trees on the back of the property which backs up to Clover Street. If they were to move the house back some of the trees from the tree line would have to be removed. The placement of the front of the house is in keeping with both of the house on either and it keeps this home in a nice relationship with the other homes. The Brighton side of the street requires a 60' front setback and is zoned A Residential where the Pittsford side is AA Residential and requires a 70' front setback. The neighbors have been contacted and are happy with the changes and all are in agreement that something needs to be done to the property to enhance it.

There were no additional comments from the board members or the public.
This is a local matter. A Type II Action therefore is not subject to a SEQRA review.

George Dounce moved to close the Public Hearing.
Seconded: Rufus Falk
Public Hearing is closed.

858 Allen's Creek Road
Tax #138.13-1-37
Requesting relief from Code Section 185-15 C (3)
Requiring a 20' side setback.
Zoned AA Residential

Ted Smith, owner of 858 Allen's Creek Road, commented that he would like to add 126-sq. ft. addition onto his kitchen, which is very small and is not big enough seating for his large family. Geoffrey Kline owner of 906 Allen's Creek Road is his neighbor and he approached him about buying some his land so that his lot line was not so close to the house as you can see on the map submitted with this application. Mr. Kline did not want to sell but he also did not have a problem with the proposed addition. The floor plan of the house did not lend to another alternative and left them with no option for another location for the addition.

R. Falk asked as to when they wanted to start construction.

Ted Smith stated that they would like to start in May and be done as soon as possible.

There were no additional comments from the board members or the public.
This is a local matter. A Type II Action therefore is not subject to a SEQRA review.

Peter Webster moved to close the Public Hearing.
Seconded: Rufus Falk
Public Hearing is closed.

RESOLUTIONS:

540 Clover Hills Drive,
Tax #155.01-02-27,
Requesting relief from Code Section 185-15 C (1),
Requiring a 70' front setback
Zoned AA Residential

Discussion:
None

Robert Shaddock moved to grant to the owner of 540 Clover Hills Drive the requested area variance to construct a new house within the 70' front setback.
Seconded: Mike Rose
Roll Call: Five Ayes, David Rogachefsky & Barbara Servé absent

A resolution was passed granting the requested area variance to construct a new house within the 70' front setback allowing a 40' front setback at the above-mentioned property.
Completion date December 31, 2006.
See the Zoning Board of Appeals file for the resolution for Findings of Fact and Special Conditions.

858 Allen's Creek Road
Tax #138.13-1-37
Requesting relief from Code Section 185-15 C (3)
Requiring a 20' side setback.
Zoned AA Residential

Discussion:
Rufus Falk stated that even though the side setback will be small there does not appear to be any other option available for the addition.

Rufus Falk moved to grant to the owners of 858 Allen's Creek Road the requested area variance to construct a new addition within the 20' side setback at the above mentioned property.
Seconded: Robert Shaddock
Roll Call: Five Ayes, David Rogachefsky & Barbara Servé absent

A resolution was passed granting the requested area variance to allow the construction of a new addition within the required 20' side setback, allowing a 5' side setback at the above-mentioned property.
See the Zoning Board of Appeals file for the resolution for Findings of Fact and Special Conditions.

OTHER:

1. Review/Approval of January 19, 2005 minutes
   Rufus Falk moved to approve the minutes as written.
   Seconded Roll Call: Five Ayes vote, David Rogachefsky & Barbara Servé absent


2. Point Persons for March 21, 2005 meeting
   1. 150 Alpine Drive, area variance: Robert Shaddock
   2. 384 French Road, 4' high fence within the front setback line, area variance: Barbara Servé
   3. 32 Wood Hill Road, addition within the side setback, area variance: Mike Rose
   4. 45 Country Club Drive, garage addition within the front setback, area variance: Rufus Falk
   5. 225 Alpine Drive, additions within the side setback, area variance: Barbara Servé
   6. 739 Linden Avenue, oversized accessory structure, area variance: Dave Rogachefsky
   7. 3700 East Avenue, St. John Fisher College: signage, area variance: George Dounce

Rufus Falk moved for adjournment at approximately 7:30 p.m.
Seconded: George Dounce
All Ayes

Respectfully submitted,

Sandie Freitag
Zoning Secretary

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