ZONING BOARD MINUTES
April 16, 2007
Approved 05/21/2007
Posted 06/04/2007
Please take notice that the Town of Pittsford Zoning Board of Appeals held the following public hearings on Monday, April 16, 2007 in the Town Hall lower level meeting room, 11 South Main Street, beginning at 7:00 P.M. local time.
MEMBERS PRESENT
David Rogachefsky, Michael Rose, George Dounce, Rufus Falk and R. Shaddock
MEMBERS ABSENT
Peter Webster & Barbara Servé
ALSO PRESENT
D. Rowe, Building Inspector, J. Higgins, Town Board Liaison; R. Williams, Attorney
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 April 4, 2007, Wednesday edition of the Brighton Pittsford Post.
CONTINUED PUBLIC HEARING:
4245 East Avenue
Nazareth College
Tax 151.09-1-1.111
Requesting relief from Code Section 185-39
Requiring a maximum height of any structure of 30'
The Planning Board has not reached a SEQRA determination therefore this application will not be addressed until the May 21, 2007 Zoning Board of Appeals meeting.
DECISION TO BE RENDERED:
3690 East Avenue
St. John Fisher College
Tax 138.19-1.1.1
Requesting relief from Code Section 185-39
Requiring a maximum height of any structure of 30'
This Public Hearing was closed on March 19, 2007. Therefore this hearing is no longer open to public discussion. Planning Board has now granted a Negative Declaration SEQRA Resolution on February 26, 2007. Dan Silver, Nixon Peabody, is representing this application for St. John Fisher College.
There were no additional comments and questions from the board members.
9 Arrowhead Road
Tax 193.05-1-21
Requesting relief from Code Section 185-23 C (3), 185-113 C (1) & (3)
Requiring a 15' side setback and no accessory structure shall be forward of the rear wall of the main structure.
Todd Feldman owner of 9 Arrowhead Road stated that there was nothing new to add to the application.
Comments and questions from the board members are as follows:
- The drawing indicates that you will be installing an 18' round above ground pool.
- The neighbor with the fence does he have a problem with the pool so close to his lot line?
- Will you be installing a 3' high fence or 6' fence?
T. Feldman commented that the neighbor has a shed near where he plans on putting the pool and this will block the pool from his yard. He will be putting a 6' high fence along the back of the property to block his view of his neighbor's pool. He plans on putting in the 6' high fence so that he matches what the fence that the neighbor has.
There were no additional comments from the board members or the public.
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.
Michael Rose moved to close the Public Hearing.
Seconded: Robert Shaddock
The Public Hearing is closed.
14 Silco Hill
Tax 164.18-1-74
Requesting relief from Code Section 185-23 D
Requiring a maximum height of any structure of 30'.
Pat Morabito, architect, presented the application for the owner of 14 Silco Hill. The neighbor at 18 Silco Hill submitted a letter stating that he had no objections to the height of the proposed house. All of the other houses in the subdivision are over the 30' requirement height except the ranch and that house is 27' high. The house has a 12/12 pitch and the other houses in the subdivision have 10/12 pitch. The owner would be agreeable to lowering the house to have a 10/12 pitch thereby lowering the roof of the house to 35' 4", which would put this house a 1+' shorter than the highest house in the subdivision, which is 36+' high.
Comments and questions from the board members are as follows:
- Is the reason to have a roof that high is just for aesthetics?
- What is your time frame for construction?
P. Morabito stated that the high roof was just for aesthetics and that they would like to have started construction yesterday. They would have already started construction if they did not have to come before this board for the variance.
- John Goodbody, 23 Silco Hill, asked as to the relationship to the house next door how high will this new house be? The ranch to the right will be at one level and then the height of this house will raise the level then it will dip again for the other house on the left side. The rooflines are too inconsistent with this proposed height of 38 ½' high house. They would also like to see the driveway come off of the cul-de-sac and not off the private drive.
- Steve Bartel, 16 Silco Hill, is concerned with the raising of the grade it will make this house even taller and bring it up higher than his house. With the changing of the grade it will affect the water run off and could affect the neighboring properties. Mr. Bartel would like to see the proposed house have a 10/12 pitch so that the roofline is lowered to blend in with the rest of the houses in the subdivision.
Pat Morabito stated that the raising of the grade will not be that much and the swale that is already there between the two houses will be retained to take the run off so that the water should not be a problem.
D. Rowe stated that the grading plan is part of the subdivision submitted at the time the Planning Board approved it. The builder will have to build the house to the grading plan as submitted, or submit a new grading plan for review by the Dept. of Public Works.
Pat Morabito stated that only 3 houses can have driveways off of the private drive and so this driveway will be off the cul-de-sac. The applicant is willing to lower the roof so that it will blend in with the rest of the homes and it will not affect the layout of the inside of the house. They will submit a new set of house plans to the Building Department with the lowered roofline.
The homeowners that were present are satisfied with the lowering of the roof of the proposed house to 35' 4".
There were no additional comments from the board members or the public.
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.
George Dounce moved to close the Public Hearing.
Seconded: Rufus Falk
The Public Hearing is closed.
500 East Street
Tax 192.08-2-4
Requesting relief from Code Sections 185-15 C (1) & (3), 185-113 C (3), 185-121 A
Requiring a 20' side setbacks, no accessory structure shall be forward of the rear wall of the main structure setback.
Brock Alexander owner of 500 East Street presented the site plans submitted with the application and stated that when they actually staked out the pool on the site they realized that they would be in the 20' side setback. They also will be changing the location of the fence and they will not be in the front setback with the 4' high fence. The proposed location is the best place for the pool on their lot because it is accessible to the house. The neighbor will not see the pool because of the buffering of the tree line between the two properties.
Comments and questions from the board members are as follows:
- The site plan shows that you are asking for a 17' side setback, would a 16' side setback be better just to give you room for error?
Brock Alexander stated that they have already considered this factor into the request for a 17' side setback.
There were no additional comments from the board members or the public.
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.
Michael Rose moved to close the Public Hearing.
Seconded: Rufus Falk
The Public Hearing is closed.
51 Oak Manor Lane
Tax 151.16-1-43
Requesting relief from Code Sections 185-19 C (1) & (3)
Requiring a 50' front and a 15' side setback.
Tom McKay had nothing to add to the application that he had submitted. Does the board have any questions for him?
Comments and questions from the board members are as follows:
- Will there be a mudroom in the addition?
- Adding the square footage to the garage will make this garage more functional.
- Does the neighbor to the left of your home have any concerns regarding this addition?
Tom McKay stated that his children have asthma and he does not want to put the garage under the kid's bedroom. The addition that is there is very small and has a bedroom, a bathroom with a closet; he uses it as a study and would like to make it a first floor master suite so they would like to make it bigger so that someone who may need a 1st floor bedroom would have plenty of room. There have been no objections from the neighbors.
There were no additional comments from the board members or the public.
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.
George Dounce moved to close the Public Hearing.
Seconded: David Rogachefsky
The Public Hearing is closed.
3700 East Avenue
St. John Fisher College
Tax 138.18-2-25
Requesting relief from Code Section 185-133 E
Requiring two signs per premises and no sign allowed larger than 3' x 5'
Dan Silver, Nixon Peabody, outlined the application and stated that the two ground mounted sides on the brick wings at the entrance to 3700 East Avenue will be removed and the sign will be mounted to the building. People are not seeing the signs on the brick walls and are coming to the main campus to get directions to this address. They feel to put the sign on the building it will be easier for people to find.
Comments and questions from the board members are as follows:
- Would a December 2007 completion date be enough time to install this sign?
- You will be removing the ground-mounted signs as stated?
Dan Silver responded that the ground-mounted signs will be removed, and a completion date of December 2007 would be fine.
There were no additional comments from the board members or the public.
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: Michael Rose
The Public Hearing is closed.
RESOLUTIONS:
3690 East Avenue
St. John Fisher College
Tax 138.19-1.1.1
Requesting relief from Code Section 185-39
Requiring a maximum height of any structure of 30'
Discussion:
This equipment shelter will not be seen by the surrounding neighbors because it is in the center of the campus and is on top of a tall building also, the sound from the generator will not be an issue.
George Dounce moved to grant to the owners of 3690 East Avenue the requested area variance to allow the construction a wireless telephone transmission facility on top of an existing building to be over the required maximum height of 30' at the above-mentioned property.
Seconded: Michael Rose
Roll Call: All Ayes
A resolution was passed granting the requested area variance to allow the construction of a wireless telephone transmission facility on top of a building, which is already 55' in height at the above-mentioned property. Planning Board granted a Negative Declaration SEQRA Resolution on February 26, 2007. The minutes and resolution are on file in the Town Clerk's Office, property file and in the Zoning Board of Appeals file.
9 Arrowhead Road
Tax 193.05-1-21
Requesting relief from Code Section 185-23 C (3), 185-113 C (1) & (3)
Requiring a 15' side setback and no accessory structure shall be forward of the rear wall of the main structure.
Discussion:
There are lots of fences and pools surrounding this property, none of the neighbors object to this application. This is the only location on the lot and it will be screened from the road.
Michael Rose moved to grant to the owners of 9 Arrowhead Road the requested area variances to allow the construction an above ground swimming pool within the side setback at the above-mentioned property.
Seconded: Robert Shaddock
Roll Call: All Ayes
A resolution was passed granting the requested area variance to allow a side setback of 10' for the construction of an above ground swimming pool at the above-mentioned property. The minutes and resolution are on file in the Town Clerk's Office, property file and in the Zoning Board of Appeals file.
14 Silco Hill
Tax 164.18-1-74
Requesting relief from Code Section 185-23 D
Requiring a maximum height of any structure of 30'.
Discussion:
The applicant will submit a revise plan with the roofline of this proposed new house to showing a 10/12 pitch and a height of 35' 4" for the roofline.
George Dounce moved to grant to the owners of 14 Silco Hill the requested area variance to allow the construction of a new house over the maximum height of 30' at the above-mentioned property.
Seconded: Robert Shaddock
Roll Call: All Ayes
A resolution was passed granting the requested area variance to allow a new house to be constructed 35' 5" high when the required maximum height of any structure is 30' in an A- Residential zone at above-mentioned property. The minutes and resolution are on file in the Town Clerk's Office, property file and in the Zoning Board of Appeals file.
500 East Street
Tax 192.08-2-4
Requesting relief from Code Sections 185-15 C (1) & (3), 185-113 C (3), 185-121 A
Requiring a 70' front & 20' side setbacks, no accessory structure shall be forward of the rear wall of the main structure.
Discussion:
The 4' high fence within the front setback has been withdrawn from this application. However, a side setback of 17' is needed in order to put the pool in the desired location.
Rufus Falk moved to grant to the owners of 500 East Street the requested area variances to allow the construction an inground pool forward of the rear wall of the main structure and to allow a 17' side setback at the above-mentioned property.
Seconded: Robert Shaddock
Roll Call: All Ayes
A resolution was passed granting the requested area variance to allow an inground pool to be forward of the rear wall of the main structure and allowing a 17' side setback at above-mentioned property. The minutes and resolution are on file in the Town Clerk's Office, property file and in the Zoning Board of Appeals file.
51 Oak Manor Lane
Tax 151.16-1-43
Requesting relief from Code Sections 185-19 C (1) & (3)
Requiring a 50' front and a 15' side setback.
Discussion:
These additions will make the house much more functional. No neighbors have objected to this application. There have been other variances granted in the neighborhood.
David Rogachefsky moved to grant to the owners of 51 Oak Manor Lane the requested area variances to allow the construction a new addition to the garage and a new addition within in the front and side setbacks at the above-mentioned property.
Seconded: George Dounce
Roll Call: All Ayes
A resolution was passed granting the requested area variances to allow a 37.1' front setback and a 16' side setback for the garage addition and allowing a 12.1' side setback for the left side addition. Also allowing a 45.6' front setback for the addition on the front of the house at above-mentioned property. The minutes and resolution are on file in the Town Clerk's Office, property file and in the Zoning Board of Appeals file.
3700 East Avenue
St. John Fisher College
Tax 138.18-2-25
Requesting relief from Code Section 185-133 E
Requiring two signs per premises and no sign allowed larger than 3' x 5'
Discussion:
Anyone driving by this building cannot see the existing ground-mounted signs because the address blends in with the brick. The proposed sign on building façade will be more noticeable and people will be able to find this building. The two ground-mounted signs must be removed from the brick entrance wings.
Robert Shaddock moved to grant to the owners of 3700 East Avenue the requested area variance to allow a sign to be larger than the required 3' x 5' to be mounted on the front façade of the above-mentioned property.
Seconded: George Dounce
Roll Call: All Ayes
A resolution was passed granting the requested area variance to allow a new signs to be 10' 1" x 3" to be install on the façade of the building at the above-mentioned property. The minutes and resolution are on file in the Town Clerk's Office, property file and in the Zoning Board of Appeals file.
REVIEW/APPROVAL OF THE MARCH 19, 2007 MINUTES
Minutes approved by unanimous vote.
POINT PERSONS FOR MAY 21, 2007 MEETING:
- PUBLIC HEARING CONTINUED
- 4245 East Avenue, Nazareth College: Robert Shaddock
- AREA VARIANCES
- 3810 East Avenue, George Dounce
- 1 Mendon Center Road, Rufus Falk
- 2973 Clover Street, David Rogachefsky
- 835 Allen's Creek Rd., Peter Webster
- 3745 East Street, Robert Shaddock
- 91 Knollwood Drive, Michael Rose
Meeting adjourned 9:15 p.m.
Roll Call: All Ayes
Respectfully submitted,
Sandie Freitag
Zoning Secretary
OFFICIAL BOARD MINUTES ARE ON FILE IN THE OFFICE OF THE TOWN CLERK