ZONING BOARD MINUTES
March 17, 2008

Approved 04/21/2008

Posted 04/29/2008

Please take notice that the Town of Pittsford Zoning Board of Appeals held the following public hearings on Monday, March 17, 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 and Peter Webster

ABSENT
Robert Shaddock & 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 March 5, 2008, Wednesday edition of the Brighton Pittsford Post.

PUBIC HEARINGS CONTINUED
4130 East Avenue
Tax 151.10-1-10
Requesting an amendment of the prior variances dated December 18, 2006 & February 19, 2007.

Sami Mina owner of 4130 East Avenue stated that he had no additional information to add to this application but he was hoping that this issue could be resolved at this meeting. The two neighbors behind his property no longer have a problem with the screening of the property, they have both signed off on the landscaping plan that was submitted to this board on February 18, 2008.

Comments and questions from the board members:

1. P. Webster stated that he is not aware of any additional information that has been submitted to Marty Brewster, Department of Public Works, regarding drainage and erosion control for this property.
2. Dave Rowe, Building Inspector, stated that Marty Brewster had visited the site and he had no problem with the grading and drainage plan for this property.
3. G. Dounce stated that the two neighbors behind the property no longer feel that there is a detriment to their properties. They have both signed the landscaping plan that Sami Mina had submitted.

Comments from the public:

There were no public comments regarding this application.

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.

Rufus Falk moved to close the Public Hearing.
Seconded: David Rogachefsky
The Public Hearing is closed.

3690 East Avenue
Tax #138.19-1-1.1
Requesting relief from Code Section 185-39
Requiring that no structure shall exceed 30' in height

Robert Burgdorf, R. Healy and J. Burkhart, representing the application for St. John Fisher College, presented the photo simulations from a couple of properties along East Avenue that would be visually affected by the placement of this Welcome Center. The owners of these homes will only see a small portion of the building when the leaves have fallen. They informed the board that they have downsized the building to 17,500-sq. ft. instead of the 20,000-sq. ft. as originally proposed. The height of the building would be 39' instead of the 44' as first proposed. The roof would be 10/12 pitch instead of a 12/12 pitch. The flatter part of the roof is at 28' therefore only the peaks of the roof would be 39' high. This would be a 30% difference in the height of the building. They did not want to have basement offices because they don't want to have underground offices. The benefits to the applicant are significant but not crucial but definitely significant. The school has changed all of the flat roofs to peaked roofs and they want to keep the building aesthetically pleasing and they feel that the peaked roofs look a lot better. It is important to preserve the green-space on the campus. This new proposed height is only 9' over the allowed 30' maximum. This new building is about 250' from the nearest neighbor. The reason for this location is that the college wants to have the Welcome Center the first building that visitors would stop at when coming onto the campus.

Comments and questions from the board members:

1. The board members wanted to know how they downsized the building and where the square footage was taken from?
2. Is there any way to dig down into the hill or level the hill so that the people across the street do not have to see a 39' high building?
3. What about putting a berm in front of the building along the tree line to hide the lower part of the building from East Avenue?
4. The board would like to see a new submission brought in for their distribution in early April. They do not want the materials presented at the next meeting, the board members want time to review the new information before the April 21, meeting.

Robert Healy stated that this building is required to have ADA accessibility therefore they did not want to lower the first floor coming into the building. They did not consider a berm but that is a good idea and they will look into that possibility. The reduced square footage came from all of the office areas. Mr. Healy stated that getting the revised information showing the berm and updated elevations to the Town Offices by April 7, 2008 would not be a problem.

Comments from the public:

1. Richard Palumbo, 11 State Street, Pittsford, is representing Ms. Ann Mulligan, 3685 East Avenue, and nearby neighbors regarding this application. The surrounding neighbors are troubled about this application. The selected site is on a rise therefore the building will appear higher than the proposed 39'. This building will be considerably higher that the tree line. Ms. Mulligan will have an unobstructed view of the building. This board should not grant approval without more information regarding the proposed modifications the applicant spoke of tonight.
2. Bob Burgdorf stated that they would be happy to do a simulated view from any of the neighboring properties.

David Rogachefsky suggested that Richard Palumbo and Bob Burgdorf meet to determine the properties that need to be looked at by the college representatives for the view shed from the homes and what landscaping that the college would propose to screen this building from the surrounding neighbors.

There were no additional comments from the public.
The Public Hearing remains open.

PUBLIC HEARING

212 Golf Avenue
Tax #152.13-2-4
Requesting relief from Code Section 185-23 C (3)
Requiring a 15' side setback

John Meyer owner of 212 Golf Avenue stated that he had no additional information to add to his application. The neighbors are all in agreement with his proposal.

Comments and questions from the board members:

1. What would your starting time be?
2. Do you have a completion date?
3. Does your property back up to the railroad tracks?

John Meyer responded that they would be starting next month and would like to be finished mid summer. His property does back up to the tracks so there is no one directly behind his property.

Comments from the public:

There were no public comments regarding this application.

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: Barbara Servé
The Public Hearing is closed.

RESOLUTIONS

4130 East Avenue
Tax 151.10-1-10
Requesting an amendment of the prior variances dated December 18, 2006 & February 19, 2007.

Discussion:
P. Webster is not aware of any new information for the grading and drainage plan that may have been given to Marty Brewster and is not in favor of granting the amendment until the plan has been presented.

Sami Mina intends to have the landscaping and the drainage issues done before he requests the Certificate of Occupancy.

David Rogachefsky moved to amend the December 18, 2006 resolution for 4130 East Avenue regarding the item #4 under Conditions of Approval, as follows: "The walkout basement shown on the elevations plans submitted will be eliminated to reduce the visual impact to the east."

The amended resolution approved by the Zoning Board of Appeals on March 17, 2008 is written as follows:
"The visual impact to the east is to be mitigated by the planting of trees and shrubs in accordance with the landscaping plans designed by Shortz Landscape Association dated October 2007. These plans were signed by the neighbors Thomas M. Privitere, 6 Briar Circle on January 10, 2008 and Alan R. Oratz, 8 Briar Circle on January 13, 2008, and by the applicant, Sami Mina on January 14, 2008, of which said plans were submitted to the Zoning Board of Appeals at the January 21, 2008 meeting. All of the aforementioned plantings are to be completed prior to the issuance of a Certificate of Occupancy for the property."

Seconded: Rufus Falk
Roll Call: Dounce, Falk, Rose, Servé, Rogachefsky voted Yes - Webster voted No. R. Shaddock was absent, a 5 to 1 vote motion passed.

212 Golf Avenue
Tax #152.13-2-4
Requesting relief from Code Section 185-23 C (3)
Requiring a 15' side setback

Discussion:
The board feels that this addition is pretty straightforward and it is less of a setback than the existing house. This addition will be on the back of the house.

Peter Webster moved to grant to the owners of 212 Golf Avenue the requested area variance to allow the construction of a new addition within the side setback at the above-mentioned property.
Seconded: George Dounce
Roll Call: All Ayes

A resolution was passed granting a 12' side setback 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.

Review/Approval of the February 18, 2008 minutes
David Rogachefsky moved to approve the minutes as written.
By voice vote: Unanimous approval.

OTHER

1. Point Persons for the April 21, 2008 meeting
2. Public Hearing Continued
   1. 3690 East Avenue, St. John Fisher College, height variance for a new Welcome Center: Robert Shaddock
3. New Public Hearings
   1. 16 Round Trail Drive, addition within the 50' front and 15' side setback: Barbara Servé
   2. 3 Prospect Hill Road, an addition within the 20' side setback: Rufus Falk
   3. 41 Sunset Blvd., inground pool within the 15' side setbacks: George Dounce
   4. 9 Larwood Drive, an addition within the 70' front setback: Rufus Falk
   5. 9 Shire Oaks Drive, an accessory structure within the 20' side setback. David Rogachefsky
   6. 24 Amber Hill Drive, pool within the 20' rear setback. Michael Rose
   7. 3750 Monroe Avenue, to allow a second sign when only one is allowed sign per tenant. George Dounce
   8. 3690 East Avenue, St. John Fisher College, height variance for a cell tower equipment building. Robert Shaddock

Meeting adjourned at 7:50 p.m.

Respectfully submitted,

Sandie Freitag
ZBA Secretary

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