ZONING BOARD MINUTES
March 21, 2005

Approved 04/18/2005

Posted 04/25/2005

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

MEMBERS PRESENT
David Rogachefsky, George Dounce, Robert Shaddock, Rufus Falk, Mike Rose and Barbara Servé 

ABSENT
Peter Webster and Sandy Zutes Town Board Liaison

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

Chairman, David Rogachefsky, called the regularly scheduled meeting of the Zoning Board of Appeals to order at approximately 7:00 p.m.

Dave Rowe read the Legal Notices as published in the March 9, 2005, Wednesday edition of the Brighton Pittsford Post for the following properties:

CONTINUED PUBLIC HEARING:

150 Alpine Drive,
Tax #138.18-2-83,
Requesting relief from Code Section 185-15 C (1),
Requiring a 70' front setback
Zoned AA Residential

This application was opened at the October 18, 2004 meeting and was heard on November 15, 2004 and advertised on January 19, 2005. The neighbor across the street had a concern regarding the location of the new driveway; therefore this hearing remains open. Prior to the January 19, 2005 meeting the applicant decided to change the design of the addition, which might change the requested variance and therefore had requested this application to be postponed until the March 21, 2005 meeting.

John Johannesen, owner of 150 Alpine Drive, reviewed the new material for the addition stating that the plans have changed and that the requested variance has been downsized. The first proposal was too expensive. The driveway entrance will not be moved as proposed because of the new changes to their plans. The driveway will curve around the new addition but this will not effect the entrance off of Alpine Drive.

Comments and questions from the board members:

1. Will this be a one-story addition?
2. Time of construction?
3. Will a site plan be required for the issuance of a building permit?

John Johannesen response is that this will only be a one-story addition and the time of construction will begin as soon as the processes with the town are completed. They hope to be finished by the end of the year.

Comments from the public:

Brian Flanagan, 145 Alpine Drive concerns are as follows:

1. At the last hearing the applicant was supposed to show him the changes before he came back before this board, he did not do this.
2. The survey has been altered and not by the original survey, and the distance from the lot line and the driveway is unclear.
3. The current location of the driveway they have no objection to. However, the map that was submitted with this application does not show any measurements from the lot line to the driveway.
4. He would like the board to put into the resolution that the driveway remains where it is.
5. What recourse does he have if at a later date he changes the driveway?

J. Johannesen assured Mr. Flanagan that the driveway entrance location will remain as is, the driveway will change only as it nears the house to curve around the outside of the new addition.

R. Williams stated that if the applicant was not before this board for a variance and he chose to change the location of his driveway he would be able to do it through the required process of the town and would not have to notify any of the surrounding neighbors. The applicant has clearly stated that he has no intention of relocating his driveway so therefore we have to take the applicant for his word. As to any recourse to the changing of the driveway in the future as a neighbor there is none.

D. Rowe commented that a site plan would not be required for the addition. Also, Jamie Hodock, the Town of Pittsford Engineering Assistant and himself visited the site to check for sight distance and if the applicant chooses to relocate the driveway in the future it would not create a sight problem.

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: Michael Rose
Public Hearing is closed.

384 French Road
Tax #150.16-1-53
Requesting relief from Code Section 185-121 A
Requiring that no fence shall exceed 3' in height in the front of the front setback line.
Zoned: AA Residential

John Hammele owner of 384 French Road stated that the reason he would like the 4.5' high fence is to protect his plants from the wind he thinks that is why his plants are dying. There is a 6' stockade fence behind the house, which was built on his neighbor's property before he bought the house and this fence belongs to him. The end of the fence will be about 32' back from the road and would not create a sight problem for traffic along French Road. The fence would be built from scratch and not just sections of stockade fence from Chase Pitkins.

Comments and questions from the board members:

1. Would a 3' fence be sufficient?
2. Why is it that your trees are dying on this side and not the other side of your property?
3. Has the burlap been removed from the trees?
4. Why don't you think that the neighbor's trees would protect your trees, there are certainly plenty on his property?
5. After visiting the property it appears that the trees on the neighbor's property would be closer to the road than the proposed fence.

John Hammele commented that a 3' high fence would be not high enough to protect the trees. Nor does the trees from the neighbor's yard protect them. The burlap bags have been removed
for the spring. The neighbor does have a large pine tree that is closer to the road than this fence
will be and if it does not cause a sight problem than certainly the fence won't.
There were no additional comments from the board members or the public.

Comments from Monroe County Planning & Development Dept. are as follows.
The board should make sure that the height and location of the proposed fence does not negatively impact the necessary intersection sight distances along French Road.

This is a local matter. A Type II Action therefore is not subject to a SEQRA review.

Barbara Servé moved to close the Public Hearing.
Seconded: Rufus Falk
Public Hearing is closed.

32 Wood Hill Road
Tax #164.09-2-4
Requesting relief from Code Section185-19 C (1)
Requiring a 15' side setback
Zoned A-1 Residential

Sandy Green owner of 32 Wood Hill Road outlined their application stating that this 2-story addition will have a master bedroom and bath and sunroom. Another option was to build over the garage but they did not like the look of the final plans of the addition at this location. The proposed plans flow with the floor plans of the existing house and will enhance the look of the house.

Comments and questions from the board members:

1. Why is it necessary to leave an 8' side setback and not a 10' side setback?
2. How much distance will the addition leave between your house and the neighbor's garage?

Sandy Green stated that if they were to move the addition in about 1 ½' or 2' it would ruin the floor plan and for what they are trying to achieve. There is a chimney on this wall and they are building around this. They do not plan on removing the chimney. They cannot take down any walls on the inside of the house because it will disrupt the flow of the houses' floor plan. The distance from the proposed addition to the neighbor's garage is about 32'. The neighbor does not have a problem with this addition because it is to the garage side of his home.

R. Williams commented that if the house was located on the lot better and not crooked they would not need a variance to build this addition.

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.

Robert Shaddock moved to close the Public Hearing.
Seconded: George Dounce
Public Hearing is closed.

45 Country Club Drive
Tax #151.05-1-54
Requesting relief from Code Section 185-15 C (1)
Requiring a 70' front setback
Zoned AA Residential

Ross Brown owner of 45 Country Club Drive reviewed the application stating that the request is for 14' or so, which is necessary to get the depth to the garage for their cars. The old garage will be converted into a master bedroom and bath. With a growing family the need more room. The roof will be replaced along with this addition to take care of the leaks in the roof and the exterior wil match the existing house.

Comments from the board:

1. When do you want to get started?
2. Are the neighbors okay with this addition?
3. Is this just a two-bedroom home?

Sandy Green stated that they would like to be finished with the addition by the end of the year. The neighbors are okay with this addition and yes this is only a two-bedroom home and needs to be updated. The addition will certainly give them more room.

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.

Barbara Servé moved to close the Public Hearing.
Seconded: Rufus Falk
Public Hearing is closed.

225 Alpine Drive
Tax #151.06-1-54
Requesting relief from Code Section 185-15 C (3)
Requiring a 20' side setback
Zoned: AA Residential

Heather Ralph owner of 225 Alpine Drive outlined the need for more storage space because the garage is to small to store bikes, toys, shovels, and other items. They are adding onto to the other side of the house and would like to build this at the same time. This way the outside of the shed will match the rest of the house. They do not want to put a shed to the rear of the property. There is a stockade fence between them and the neighbor on this side therefore the neighbor will not see the shed. There will be an opening to the garage and a barn style door to the outside.

Comments from the board:

1. Will this shed be opened or closed?
2. Construction time for completion, will you be done by December 2006?

Heather Ralph stated this shed will be enclosed and that the contractors were already on site doing the other addition and will hopefully be finished by the end of this year.

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.

Robert Shaddock moved to close the Public Hearing.
Seconded: Michael Rose
Public Hearing is closed.

739 Linden Avenue
Tax #138.15-1-23
Requesting relief from Code Sections 185-52 C & 185-53 B (1)
Requiring a 50' front setback, 25' side setback and 50' rear setback.
Also requiring all accessory structures shall not be less than 30' from any other structure on the premises.
Zoned: Light Industrial

John Hudak owner of Plant Designs at 739 Linden Avenue outlined the need for this greenhouse. They had hothouse plants outside last year and they didn't bloom. After some thought they came up with this idea of building a greenhouse and placing it on the site so that it would have a southern exposure. The proposed location will give them the southern exposure they will need to grow the plants. This location is screened by surrounding buildings and backs up to the railroad tracks and will not be visible from Linden Avenue.

Comments from the board members:

1. The dumpsters appear to be to close to this, greenhouse will they be removed?
2. Will there be fire truck access to the site?

John Hudak stated that the dumpsters will be moved to the back of the parcel and will still be on blacktop. Once the dumpsters are removed and the site is cleaned up there will be fire truck access.

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.

Barbara Servé moved to close the Public Hearing.
Seconded: Rufus Falk
Public Hearing is closed.

3700 East Avenue
Tax #138.18-2-25
Requesting relief from Code Section 185-133 E
Requiring that the premises may contain only two sign, and such signs shall not exceed three feet in height by five feet in length.
Zoned: SRAA Residential

Joe Burkhart Vice President of St. John Fisher College stated that the college acquired 3700 East Avenue in 2000. The renovations are from a donation from Senator James Alesi. The need for a two-sided sign in an L-shape design is because the property is a triangular lot and would be more visible from East Avenue and Fairport Road. The grade of the land slopes up toward the building and with the foliage it would not be very visible if there was only the one sign. The college did receive one letter from a neighbor regarding the lighting, even though this issue does not pertain to this application he just wanted to know that they did get a response and that they will be installing shields to aim the lights toward the ground so that they do not disturb the surrounding neighbors.

Comments from the board members:

1. How many signs does the college have now?
2. Would you consider this to be two signs or one?
3. Are the 3700 East Avenue address necessary if this sign is approved?
4. Why is 3.5' x 6' size needed?
5. Does the sign need to have the address?
6. What is the distance of the sign from East Avenue and Fairport Road?
7. Construction time?

Joe Burkhart stated that their intent is to remove the sign of 3700 East Avenue from the front of the building. They would consider this to be two signs and the college now has 6 signs and if this two-sided sign is approved the college would have a total of 8 signs. They feel that to downsize the sign and remove any of the lettering would make the sign not a visible from the two streets because of the topography of the land in front of the building. The distance from East Avenue is approximately 120' and from Fairport Road about 70'. They would like to install this sign some time in May or June.

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.

RESOLUTIONS:

150 Alpine Drive,
Tax #138.18-2-83,
Requesting relief from Code Section 185-15 C (1),
Requiring a 70' front setback
Zoned AA Residential

Discussion:
This addition will enhance the property and allow the applicant to have the much needed space.

Robert Shaddock moved to grant to the owners of 150 Alpine Drive the requested area variance to construct a new addition within the 70' front setback.
Seconded: George Dounce
Roll Call: All Ayes, Peter Webster absent

A resolution was passed granting the requested area variance to construct a new addition within the 70' front setback allowing a 46. 6' 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.

384 French Road
Tax #150.16-1-53
Requesting relief from Code Section 185-121 A
Requiring that no fence shall exceed 3' in height in the front of the front setback line.
Zoned: AA Residential

Discussion:
George Dounce stated that the applicant has not proven a need for this fence. The applicant has only offered speculative concerns. The only property that he is aware of that has a fence within the front setback is 4100 East Avenue and that was installed for security reasons.

Barb Servé commented that it is out of character with the neighborhood, even though it is not a visual problem. She is not sure that the wind is the problem regarding the dying of the trees, and that no one else in the neighborhood has a fence in the front setback.
Rufus Falk is not in favor of the fence at all.

Barbara Servé moved to grant to the owners of 384 French Road the requested area variance to construct a 4.5' high fence forward of the front setback line at the above-mentioned property.
Seconded: David Rogachefsky
Roll Call: 6 No; Peter Webster absent
Motion defeated, therefore no action is taken at this time. A decision will be rendered at the April 18, 2005 meeting.

32 Wood Hill Road
Tax #164.09-2-4
Requesting relief from Code Section185-19 C (1)
Requiring a 15' side setback
Zoned A-1 Residential

Discussion:
None

Michael Rose moved to grant to the owners of 32 Wood Hill Road the requested area variance to construct a new addition within the side setback line at the above-mentioned property.
Seconded: George Dounce
Roll Call: All Ayes, Peter Webster absent

A resolution was passed granting the requested area variance to allow the construction of a new addition within the required 15' side setback, allowing an 8' 10" side setback at the above-mentioned property. See the Zoning Board of Appeals file for the resolution for Findings of Fact and Special Conditions.

45 Country Club Drive
Tax #151.05-1-54
Requesting relief from Code Section 185-15 C (1)
Requiring a 70' front setback
Zoned AA Residential

Discussion:
None

Rufus Falk moved to grant to the owners of 45 Country Club Drive the requested area variance to construct a new garage addition within the front setback line at the above-mentioned property.
Seconded: Barbara Servé
Roll Call: All Ayes, Peter Webster absent

A resolution was passed granting the requested area variance to allow the construction of a new garage addition within the required 70' front setback, allowing a 55' 10" front setback at the above-mentioned property. See the Zoning Board of Appeals file for the resolution for Findings of Fact and Special Conditions.

225 Alpine Drive
Tax #151.06-1-54
Requesting relief from Code Section 185-15 C (3)
Requiring a 20' side setback
Zoned: AA Residential

Discussion:
Barbara Servé commented that the garage is small and there is a need for extra storage space. The adjoining neighbor will not see this shed because there is a 6' high stockade fence separating the properties. A shed to the rear of the property will be an eyesore; the addition and will match the house and blend in with the neighborhood. This is the best location for the shed.

Barbara Servé moved to grant to the owners of 225 Alpine Drive the requested area variance to construct a new garage addition within the side setback line at the above-mentioned property.
Seconded: Michael Rose
Roll Call: All Ayes, Peter Webster absent

A resolution was passed granting the requested area variance to allow the construction of a new garage addition within the required 20' side setback, allowing a 12' 9" side setback at the above-mentioned property. See the Zoning Board of Appeals file for the resolution for Findings of Fact and Special Conditions.

739 Linden Avenue
Tax #138.15-1-23
Requesting relief from Code Sections 185-52 C & 185-53 B (1)
Requiring a 50' front setback, 25' side setback and 25' rear setback.
Also requiring all accessory structures shall not be less than 30' from any other structure on the premises.
Zoned: Light Industrial

Discussion:
None

David Rogachefsky moved to grant to the owners of 739 Linden Avenue the requested area variances to construct a greenhouse structure within the 25' rear setback and less than 30' away from any of the other structures on the premises at the above mentioned property.
Seconded: George Dounce
Roll Call: All Ayes, Peter Webster absent

A resolution was passed granting the requested area variance to allow the construction of a new greenhouse structure within the required 25' rear setback, allowing a 10' rear setback, also allowing said structure to be located within 30' of the nearest structure at the above-mentioned property. See the Zoning Board of Appeals file for the resolution for Findings of Fact and Special Conditions.

3700 East Avenue
St. John Fisher College
Tax #138.18-2-25
Requesting relief from Code Section 185-133 E
Requiring that the premises may contain only two sign, and such signs shall not exceed three feet in height by five feet in length.
Zoned: SRAA Residential

Discussion:
Robert Shaddock does not think that the college needs two more signs. The college could install it so that they would only need one sign. Michael Rose agrees with him.
George Dounce feels they need both signs due to the location on the property.

George Dounce moved to grant to the owners of 3700 East Avenue the requested area variance to allow the installation of two new L-shaped design 3.5' x 6' signs the above-mentioned property.
Seconded: D. Rogachefsky
Roll Call: 5 Ayes; Michael Rose voted No; Peter Webster absent

A resolution was passed granting the requested area variance to allow the installation of two new L-shaped designed 3.5' x 6' signs for identification 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 February 21, 2005 minutes
   David Rogachefsky moved to approve the minutes as written.
   Seconded: All Ayes vote; Peter Webster absent


2. Point Persons for April 18, 2005 meeting

   •  Application held over for a Decision:

   1. 384 French Road: Barbara Servé

   •  New Public Hearings:

   2. 24 Framingham Lane, area variance for new addition: Mike Rose
   3. 76 Railroad Mills Road, area variance for the width of lot frontage: Peter Webster
   4. 780 Allen's Creek Road, area variance for a garage and front entrance addition: Rufus Falk

Motioned to adjourn at 9:00 p.m. All Ayes

Respectfully submitted,

Sandie Freitag
Zoning Secretary

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