ZONING BOARD MINUTES
March 20, 2000

Approved 10/16/2000

Posted 10/27/2000

Minutes of the Zoning Board meeting held In the Town Hall basement meeting room, 11 South Main Street, Pittsford, on March 20, 2000, and filed in the Town Clerk's office.

PRESENT
Ed Starowicz, George Dounce, Rufus Falk, Larry M. Magguilli, David Rogachefsky, Barbara Servé, Peter Webster

ALSO PRESENT
Richard Williams II, Attorney, Tom Elliott, Commissioner of Public Works, Dave Rowe, Building Inspector, Michele Paoleschi, Planning Assistant

The Board met in the downstairs meeting room at 7:00 PM.

Chairman, Ed Starowicz, called the regularly scheduled meeting of the Zoning Board of Appeals to order at approximately 7:00 PM. 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.

Northside Salvage
860 Linden Avenue
T.A. #___138.16-1-1__

Chairman, Ed Starowicz, made a motion to re-open the hearing. David Rogachefsky seconded. Karl Essler, agent for applicant, explained that they have "scaled back" the application. It could be scaled down in this way: Keep 24 cars in the back as display area and 28 cars in a central area for a total of 52 altogether. Still meets applicant's total volume needs for inventory on the site. Spaces would be marked out and striped.

No comments made for or against the application by the public.

Chairman Starowicz offered a SEQRA resolution. A voice vote was taken. All ayes.

Chairman Starowicz offered a motion to close the hearing that was seconded by David Rogachefsky.

Peter Webster commented on the current 5 applications along Linden Avenue. Does this level of activity in one area mean that the current ordinance is in need of modification? He suggests the board think carefully or slow the process so that the Town Board can take some action on reviewing and updating the current code for Light Industrial.

Larry Magguilli offered a resolution that was seconded by David Rogachefsky. Resolution was approved by all ayes and one nay. Said resolution is hereby made a part of these minutes.

Dog Days Café
727 Linden Avenue
T.A. #__138.15-1-21.1___

Beth Ann White, applicant, reviewed the revised site plan showing the lighting, removal of shed, and fence. She reviewed bringing the front fence line twenty feet back from property line. It was an extremely awkward due to the existing trees and rock wall. She has proposed and added to the site plan was to add a 5'-6' fence at the property line but to make the front fence line a decorative fence. She showed the board a drawing of the type of decorative fence she would consider installing. If 5' height is all that the Board will approve she feels that it needs to be a solid fence to reduce the dogs' sensory perception to the front fence area and help keep them in. She would like to locate the front fence line on the property line that is approximately 10' back from the road.

There was some discussion as to proposed fence locations and cutting existing trees down. It was discussed whether or not it would be more prudent to move the fence back and therefore keep the use as far back as possible to keep in line with other uses along Linden Avenue. The applicant stated that she considered that a hardship and would look for a way around it.

It was noted that the current site plan only shows a 20-slot kennel. The applicant is hoping that the Board will approve an additional 20-slot kennel expansion with this application so they would not have to come back. This proposed expansion is anticipated over the existing pool area that is to be filled in.

There are four parking spaces that are shown, as dotted lines that they are requesting are setback 20' versus 40' to give them the parking they need.

It was reiterated that the main use of this property is a dog park with the café and kennel as accessory uses. If the main use discontinues then the use variance also discontinues. Applicant also stated that they would like to have the facility open from 7:00 AM until 9:00 PM. Dogs would be housed in the kennel 24 hours a day.

If the height of the proposed kennel were to be higher than 12' than an area variance would be required. The applicant has not finalized the style or height of the kennel.

Public Comments

• David Fitzpatrick, partner at 733 Linden Avenue, and agreed with Peter Webster's comments on the metamorphosis of Linden Avenue at this time. Linden Avenue is staged to be another tax base for this town as far as so many improved properties. He is very concerned about the barking of this many dogs. He also presented a list of individuals who are opposed to this use (733, 736, 759, 763, 773, 909, Linden Avenue). He feels that this property is very marketable and could very well be developed. He presented a letter from Al Longwell who is developing a new office building on Linden Avenue and who is also opposed to this use. (Exhibit A, letter from Al Longwell, and Exhibit B, letter from neighboring property owners and tenants were noted to the Board.)
• Tom Littlefield, 736 Linden Avenue, feels that this is an inappropriate location for this use.
• Beth Ann White presented her letter from Linden Oaks consenting to this use for the record. She stated that this property is located on a little dead end area of Linden Avenue and is not visible from Linden Avenue proper. It is also located directly adjacent to a veterinary hospital that has dogs in and out of the facility all day. She is not aware of any complaints due to noise from this use nor has it decreased the property value of neighboring properties. She reiterated that the property is currently zoned to operate a kennel but the current owner has chosen not to.

 Chairman Starowicz asked for copies of the consent letters presented by Ms. White.

Monroe County deemed this application a Local Matter. Rufus Falk offered a SEQRA resolution, seconded by Ed Starowicz. All ayes.

George Dounce moved to close the public hearing David Rogachefsky seconded.

Discussion was made by the Board regarding the difference in use for this proposed application and the amount of opposition brought forth in regard to the effect on surrounding neighbors. It was also noted that this property is difficult to show financial hardship. It was noted that the Board should look at all other allowable uses for this property before allowing a use variance for a non-permitted use as requested by the applicant.

Rufus Falk offered a resolution pursuant to SEQRA.

Rufus Falk offered a resolution on this application and is hereby made a part of this agreement. David Rogachefsky seconded the resolution. The Board was polled and the resolution to approve was defeated. It was agreed that no further action would be taken by the Board at this time.

Import AutoHaus
759 & 763 Linden Avenue
T.A. #__138.15-1-26 & 138.15-1-27_

Chairman Starowicz offered some clarification that there are two buildings with three businesses located on the same parcel. One building came before the Board for signage. Each building can have a sign a total of 100 square. Therefore, no variance is required for this application.

Strong Mansion
Allen's Creek Road
T.A. # 138.69-1-1__

This application has been withdrawn.

Jamie Ricci Towing
773 Linden Avenue
T.A. #__138.15-1-28.2__

Richard Hotzberg, agent for applicant, presented the application. They are requesting a special use permit per Section 185-48A. Mr. Ricci has been operating his towing and short-term storage and repair since 1986. At that time they did not know or were not aware that a special permit is necessary. They have just recently been made aware of this issue.

This would allow Mr. Ricci to store his vehicles on the southwest fenced-in portion of his property. All of these vehicles are behind a fence and are not visible from the street. The type of vehicles are those that required towing by AAA, municipalities, Monroe County Sheriff's department, etc. There is room behind this fence for approximately 70 vehicles.

Chairman Starowicz asked if it would be possible, if necessary, to install a screening fence along the side. A fence along the rear of the property would not be necessary as it borders the railroad. He also reiterated that the applicant would not be storing any unlicensed vehicles in the visitor and employee parking area.

Public Comments

• David Fitzpatrick, 733 Linden Avenue, supports this application as the cars are not visible and it is a well-maintained property.
• Tom Littlefield, 736 Linden Avenue, supports this application "runs a neat operation".
• Pete Landers, 789 Linden Avenue, supports this application assuming they keep it neat.
• Don Mook, Car City, 773 Linden Avenue, supports this application.
• Mr. Landmen, 770 Linden Avenue, echoed Peter Webster's earlier observations regarding Linden Avenue. He objects to Don Mook selling cars on Mr. Ricci's property. He is against the retail uses in this area. He does not object to Mr. Ricci's operation. He feels there is no enforcement of the setbacks. He requests that the Zoning Board take a look at what's happening.
• Gordon McNeil, president of Magnetic Technologies, has no objection to Ricci's application. Any problems they may have relate to the nature of change along this road. He has concerns of car buyers using his truck turnaround for car staging areas for selling, etc. He is asking the Town to enforce this parking issue. He also requests some water samples to check for contamination due to all the cars.

 Monroe County has deemed this application a Local Matter.

George Dounce moved to close the hearing, with David Rogachefsky seconding.

Ed Starowicz offered a resolution that was seconded by George Dounce. Resolution was approved by all ayes and one nay. Said resolution is hereby made a part of these minutes.

Impact Motors
751 Linden Avenue
T.A. #__138.15-1-25_
Edward Woods, attorney for applicant, presented the application. In 1997 applicant was granted a special permit for this property. This business involves refurbishing and repair and sale of high-end foreign import cars. In may 1997 there was a mutual statement made as to what would be needed for customer parking. As it turns out it has been crowded for customer parking. Also, the business has been more successful than anticipated and now the problem is that they do not have enough sales spots.

This application is for a special permit seeking three things. To increase parking on the lot in three areas (customers, sale vehicles from 18 to 50 spots, adding 24 spots behind building for transitional vehicles that are in the process of being refurbished for sale), to expand what was originally granted for non-paved vehicle areas, and to allow body work on this site. All the bodywork would be completed indoors.

They are not asking for any change in the business or out of proportion to land size. All proposed additional parking is being added out of sight of Linden Avenue.
Currently there are 3 employee and 6 customer parking spaces.

The original approval had approximately 40 more spaces shown and approved by the Board. Due to the cost of the project only 13 were built at that time.

Richard Williams stated that he would need time to review the original approval.

Public Comments

• Tom Littlefield, 736 Linden Avenue, in favor of this application.
• Don Mook, 773 Linden Avenue, in favor of this application.
• Dave Fitzpatrick, 733 Linden Avenue, in favor of this application.
• Peter Webster spoke on behalf of Elliott Williamson that he does not see any real opposition to this application.

Monroe County deemed this a Local Matter.

Hearing remains open.

Malvern Hills
T.A. #__178.03-2-28.11_

Marie Kenton, applicant, explained the application for two variances. The first to raise the height of the entrance sign to be higher than 3' height. She feels the allowable speed limit will hinder someone's ability to see the sign. The second is for an accessory structure 27' high when code allows only 12' height. This accessory structure will be constructed on one of the lots as a carriage house. Purpose is for temporary storage and sales office. They would build this smaller carriage house (garage) first and then build the larger home later, when needed.

Architectural Review Board has approved the design of this structure.

Peter Webster stated he felt that safety should be reviewed for the entrance sign.

Don Witzel, 619 Mendon Road, spoke against the taller entrance sign because no other development needed a larger sign along this road. He asked that the current code be held in this case as well.

Monroe County deemed this a Local Matter. This is a Type II action for SEQRA and no further action is required.

Larry Magguilli motioned to close the hearing with Barbara Servé seconding.

David Rogachefsky offered a resolution that was seconded by George Dounce and was approved by all ayes. Said resolution is hereby made a part of these minutes.

195 West Brook Road
T.A. #__150.20-2-10_

Ken Bracker, architect, spoke on behalf of applicant. They have notified the neighbors regarding the proposed addition. It is a small parcel and the house is very irregularly shaped and only a little over 1,000 square feet. The addition will allow for an additional bedroom and bathroom. They looked at numerous design options and this was the solution that minimized the setback variance. They will also be tying into the sewer system.

Copies of notification letters to neighbors were passed to Board members.

No public comments.

Monroe County deemed this a Local Matter. This is a Type II action for SEQRA and no further action is required.

Rufus Falk motioned to close the hearing with David Rogachefsky seconding.

Rufus Falk offered a resolution that was seconded by Ed Starowicz and approved by all ayes. Said resolution is hereby made a part of these minutes.

Thornell Road
T.A. #_178.4-1-58.0 & 178.40-1-59.0_

Michael Braun, Braun Engineers, spoke on behalf of the applicant. There are two parcels purchased by applicant. One was purchased in July of 1967 and in March of 1968 they purchased the front parcel. They appear to be existing non-conforming parcels the town has asked them to seeking an area variance for the setback line. The required average lot width is 125'. This would be developed as one strip with a 30' wide common access and utility easement reciprocal between the two parcels for the purpose of driveway access, water service, gas, electric, telephone, cable television.

This access will not be shared with the other existing flag lots. It is not the intent of the owners to build up to 20' setback.

Public Comments

• Bill Rhinehart, 175 Mill Road, on the eastern boundary of the property. Road access seems pretty minimal for supporting two lots. Proposed setbacks from property line of approximately 20' may interfere with berm and drainage to his property. He is also concerned about the proposed septic system.
• William Steane, 169 Mill Road. He stated the he received no notification of this hearing. He was here when the properties were subdivided. When the town originally approved these lots they were required to each have a 20' wide front strip in case these properties at some time did not wish to use a shared driveway. He is surprised that this lot was allowed a 10' wide. His biggest concern is that this doesn't have to go to the Planning Board. Who will monitor the issues mentioned earlier? This will be the only time the town has to review this property.
• Frank Maston, 183 Mill Road, reiterated concerns about drainage, etc. His property is directly to the east of the property.
• Phil Lallucci, 385 Thornell Road. Their property is southwest of the lot. Their concerns are for the complexity of the property and drainage, etc. Asked that this does not impact their properties.

 Richard Williams will need some time to look at the code to see whether or not this may have to go to the Planning Board. The only issues that the Zoning Board is to look at is the for the variance requested.

Applicant outlined all the reviews that are currently being completed for the development of these lots both in-house (Town of Pittsford) and Monroe County. There was additional discussion regarding the SEQRA issues if this will have to go before the Planning Board.

Monroe County deemed this a Local Matter. This is a Type II action for SEQRA and no further action is required.

Larry Magguilli moved and Rufus Falk seconded to close the hearing.

George Dounce offered a resolution that was seconded by Ed Starowicz that was approved by all ayes. Said resolution is hereby made a part of these minutes.

The hearing was adjourned at 11:00 p.m.

Respectfully submitted,

Shannon Lambert

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.