ZONING BOARD MINUTES
April 16, 2001

Approved 05/21/01

Posted 05/25/01

Minutes of the Zoning Board meeting held In the Town Hall basement meeting room, 11 South Main Street, Pittsford, on April 16, 2001, and filed in the Town Clerk's office.

PRESENT
Ed Starowicz, Barbara Servé, George Dounce, David Rogachefsky, Peter Webster, and Larry Magguilli

ALSO PRESENT
Richard Williams, Attorney, David Rowe, Building Inspector, Sandie Freitag, Secretary for the Zoning Board of Appeals, Sandra Zutes, Town Board Liaison

MEMBERS ABSENT
Rufus Falk

Chairman, Ed Starowicz, called the regularly scheduled meeting of the Zoning Board of Appeals to order at approximately 7 p.m. 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.

700 Allen's Creek Road
Strong Mansion
Tax #138.69-1-1
Up date on Use Variance & Special Permit Application

Richard Williams reviewed the Court's decision. The Town of Pittsford Zoning Board of Appeals did not show sufficient information for Mr. David Handel to declare this as a hardship and to prove that he could not get the market resale value out of the property. The Court's decision was that the ZBA board is to revisit this application and present more information for the Court to review.
R. Williams, suggested that a letter to be sent to Mr. Handel of notification that he has so many days in which to respond as to what his intent is regarding this application, and to have his decision in writing in order for the ZBA board to determine the next procedure, because the approval of the ZBA board for four condo units is still applicable now that the Use Variance and Special Permit Application has been denied.

David Rowe, Building Inspector, commented that he has had a recent conversation with Mr. Handel and he has put &00 Allen's Creek Road up for sale.

A letter will be sent to Mr. David Handel owner of 700 Allen's Creek Road regarding his intent of this application and as to which decision he would like to pursue.

22 Stoney Clover Lane
Tax Parcel #163.02-1-43
Requesting an Area Variance
Code Sections 185-113 C (1) & C (2)
Requiring that no accessory structure shall exceed 180-sq. ft. in area except garden shed shall not exceed 120-sq. ft. in area and shall not exceed 12 ft. in height.

Chairman, Ed Starowicz opened the Public Hearing for 22 Stoney Clover Lane.

David Rowe, Building Inspector, read the legal notice as published in the Brighton Pittsford Post dated, April 4, 2001.

Jon Schick, Greater Architects of Rochester, agent for Andrew Stern and Melissa McGrain, owners of 22 Stoney Clover Lane, reviewed the application for the requested area variance and what the owners propose to do. Mr. Schick submitted several letters as "Exhibit A" that were sent to the adjoining neighbors granting their consent to the proposed construction. There was only one neighbor that did not return their letter with a signature. None were opposed to the application. (These letters will be added to the ZBA file regarding this property.) Mr. Schick reviewed the application as submitted and stated that there will be not kitchen installed in the proposed guesthouse, this guesthouse will be used by the older children of Mr. Stern. Once the renovation is done to the main house there will only be two suites and a den within the 3,000-sq. ft. of the second floor.

The concerns of the board members were: Were the owners aware of they wanted to change when they purchased the property? It would also be very easy for the next owner to install a kitchen unit in the guesthouse if the existing garage was converted. Why is it necessary for the 11' bay to be constructed on the existing 1-car garage? Is there enough buffering between the neighbors so that the new garage will not affect them?

Jon Schick responded that when Mr. Stern & Ms. McGrain purchased the property they had no idea as to the changes that they wanted to do. It was only after a short time that they decided to make the changes. Yes it would be easy for the next owner to install a kitchen unit, but it is not the current owner's intent to do this. The 11' bay on the existing garage will be storage for the extensive lawn equipment that is needed to take care of the grounds. There will be additional trees added to the property to buffer the new construction from the surrounding neighbors. The proposed new garage will not be visual from the road the location is well screened.

This is a Type II Action - no further action taken. Local matter, no SEQRA required.
There were no additional comments from the Board or the public.
Peter Webster moved to close the Public Hearing.
Seconded: George Dounce

111 French Road
Tax Parcel #151.13-1-46
Requesting an Area Variance
Code Sections 185-113 C (1), requiring that no garden shed shall exceed 120-sq. ft in area.

Chairman, Ed Starowicz opened the Public Hearing for 111 French Road.

David Rowe, Building Inspector, read the legal notice as published in the Brighton Pittsford Post dated, April 4, 2001.

David Geasser, owner of 111 French Road, reviewed the application and that there is a smokehouse already on the property this new structure will be a reproduction of a 1770 saltbox style and will be built in a Colonial Williamsburg style. He does not want to add to the existing smokehouse because he feels that it would ruin the look of the existing building. The location for the additional storage building will be placed on the opposite corner of the lot to balance off the yard.

The Board members concerns were: how big is the exiting structure and how big would the new one be?

Mr. Geasser, commented that the existing structure is 10' x 12' less than 12' in height and the new structure will be 9' x 12' by 12' in height. Totaling square footage of 276 for both structures. The current shed is over flowing with garden equipment.

Ed Starowicz stated that the only issue before the board is the proposed second structure. He asked for additional comments.
Louis Peck, 4383 East Avenue, commented that the board should permit Mr. Geasser to construct this second garden shed on his property. The proposed style of shed will be compatible with the existing structures.

This is a Type II Action - no further action taken. Local matter, no SEQRA required.

Peter Webster moved to close the Public Hearing.
Seconded: David Rogachefsky

35 Pickwick Drive
Tax Parcel #150.08-1-54
Requesting an Area Variance
Code Section 185-15 C (3), requiring a front setback of 70'.

Chairman, Ed Starowicz opened the Public Hearing for 35 Pickwick Drive.

David Rowe, Building Inspector, read the legal notice as published in the Brighton Pittsford Post dated, April 4, 2001.

Rick Garrett, James Garrett Co., agent for Mr. Fulford, commented that the application is for the owner to be able to build out over the existing garage and because of the front setback has been changed from 50' setback to 70' setback Mr. Fulford needed to apply for this area variance to be able to add this second floor addition.
There were no additional comments from the board members or the public.
This is a Type II Action - no further action taken. Local matter, no SEQRA required.
Barbara Servé moved to close the Public Hearing.
Seconded: Larry Magguilli

3690 East Avenue
Tax Parcel #138.19-1-1 & -2
St. John Fisher College - Founder's Hall
Requesting an Area Variance
Code Sections 185-15 D & 185-39, Maximum Height Restrictions states, no structure or dwelling shall be allowed over 30 feet in height except chimneys attached to said structure may extend 5' above the highest point of the building.

Chairman, Ed Starowicz opened the Public Hearing for 3690 East Avenue, St. John Fisher College.
David Rowe, Building Inspector, read the legal notice as published in the Brighton Pittsford Post dated, April 5, 2001.

Tom Greiner, Nixon Peabody, attorney and Joe Burkhart, special assistant to the president of St. John Fisher College, presented this application and outlined the need for this additional student housing. At the present time some of the student rooms are tripled, and they are losing a lot of upper classmen they are not staying on campus because there is not enough room, and they are expanding enrollment and expect that for the increase they will need more student housing.

A three-story building will compliment Kearney Hall and Murphy Hall with the same design and brick. At the highest point it will be 57' tall and will mainly be seen from Fairport Road. They are working with the state for additional landscaping between their Park & Ride parking lot and the proposed parking lot for the dormitory. The proposed parking lot is within the 70' front. If the building were a 2-story structure then the mass of the building would increase 50% and would certainly effect the drainage in the area. The pitched roof will hide the HVC units which on a flat roof the units would need some screening. It this building was only 2-story there would be not need for a variance.

At the present time there are about four buildings on campus over the required maximum height of 30' that is permitted by the Town Code.
There are no real issues with the surrounding neighbors. The only lights would be in the parking lot and approx. 25' tall. There will be lights on the entrances to the building but that will be all.

Ed Starowicz asked for any additional comments from the board member or the public.

Louis & Linda Peck, 4383 East Avenue, comments area: they would like to see additional evergreens and pine trees as a buffer because they stay green year round. The other possible solution for parking would be an underground parking garage with a grass-covered top to disguise the look of a garage. She is concerned for the safety of the students because anyone can come and go in the campus. Mrs. Peck also feels that it is not necessary for any additional buildings.

Mr. Peck questioned the height of the structure from grade level.

Tom Greiner stated that all the neighbors were notified.

Joe Burkhart commented that he had looked into the expanse of a parking garage and the cost per car ranges from $10,000 - $12,000. It would not be cost effective to build one large enough to park all the additional cars what would be using the parking area. The requested area variance is for 27' over the required height of 30' per Town Code.

Ed Starowicz moved to appoint the Town of Pittsford Planning Board as Lead Agency for this application. A SEQR report is necessary and is not available at this time.

The Zoning Board will not be making a decision at this time; the Public Hearing remains open.

110 French Road
Tax Parcel #151.09-1-1
St. Bernard's Institute
Requesting an Area Variance
Code Section 185-39 E, Maximum Height Restrictions states, no structure or dwelling shall exceed over 30' in height except chimneys attached to said structure may extend 5' above the highest point of the building.

Chairman, Ed Starowicz opened the Public Hearing for 110 French Road, St. Bernard's Institute.

David Rowe, Building Inspector, read the legal notice as published in the Brighton Pittsford Post dated, April 4, 2001.

At this time the Public Hearing for this application remains unopened. The applicant is revising the plans and is not ready to present the application to this board.

RESOLUTIONS:

22 Stoney Clover Lane
Tax Parcel #163.2-1-43
Requesting an Area Variance
Code Sections 185-113 C (1) & (2).

Larry Magguilli moved to grant the owners of 22 Stoney Clover Lane their request for an Area Variance, which will allow the construction of an accessory structure larger than the required 180-sq. ft. in area, and to allow the renovations to the existing structure.
Seconded:
Roll Call: All Ayes

A resolution was passed granting approval for the requested area variance of an accessory structure the size of 47' x 21' for a 3-bay garage with a tool room addition, and for the renovations to the existing garage to convert it into a guesthouse with no kitchen facilities.
See resolution attached for Findings of Fact and Special Conditions.

111 French Road
Tax Parcel #151.13-1-46
Requesting an Area Variance
Code Section 185-113 C (1)

Ed Starowicz moved to grant the owners of 111 French Road their request for an Area Variance, which will allow the construction of an second accessory structure and that the combination of the existing garden shed (100' x 12') and the new structure of 9' x 12' to exceed the required 120-sq ft. in area.
Seconded: Peter Webster
Roll Call: All Ayes

A resolution was passed granting approval for the requested area variance to allow construction of second accessory structure the size of 9' x 12' for the total of 276-sq. ft. of both accessory structures.
See resolution attached for Findings of Fact and Special Conditions.

35 Pickwick Drive
Tax Parcel #150.08.1-54
Requesting an Area Variance
Code Section 185-15

Peter Webster moved to grant the owners of 35 Pickwick Drive their request for an Area Variance, which will allow the construction of a 2nd floor addition within the 70' front setback.
Seconded: Ed Starowicz
Roll Call: All Ayes

A resolution was passed granting approval for the requested area variance to allow construction of the proposed 2nd floor addition over the existing garage.
See resolution attached for Findings of Fact and Special Conditions.

REVIEW & APPROVAL OF MINUTES
March 19, 2001, Minutes approved with L. Magguilli and P. Webster obstaining
Roll Call: All ayes

New Applications for Public Hearings for May 21, 2001

1. 40 Greylock Ridge - Area variance - Barbara Servé
2. 345 Tobin Road - Area Variance - Peter Webster
3. 3349 Monroe Avenue, Charter One Bank - Area Variance, signage - Ed Starowicz
4. 3690 East Avenue, St. John Fisher College - Area Variance - George Dounce
5. 3195 Monroe Avenue, Wegmans Food Markets - Area Variance & Special Permit - Larry Magguilli

Ed Starowicz moved for adjournment at 10:45 pm.
Seconded: David Rogachefsky
Roll Call: All Ayes

Respectfully submitted,

Sandie Freitag
Zoning Board of Appeals Secretary
TOWN OF PITTSFORD

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.