ZONING BOARD MINUTES
April 17, 2000

Approved 03/19/2001

Posted 03/24/2001

Minutes of the Zoning Board meeting held in the Town Hall basement meeting room, 11 South Main Street, Pittsford, on April 17, 2000, and filed in the Town Clerk's office.

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

MEMBERS ABSENT
Barbara Servé, Peter Webster

ALSO PRESENT
Richard Williams, Attorney, Bill Frohm, Building Inspector, David Rowe, Deputy Building Inspector, Karen Green, Town Board Liaison Jennifer Brady, Secretary to the Board

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.

PUBLIC HEARING CONTINUED

763 Linden Avenue
Tax Parcel #138.15-1-27
Import Autohaus
Requesting an Area Variance
Code Section 185-136
Shortly after the time of submission a moratorium was established on all Commercial and Light Industrial Districts. The Town Board is reviewing the zoning for all of the Commercial and Light Industrial Districts in the Town of Pittsford.

No action taken at this time the Public Hearing remains.

727 Linden Avenue
Tax Parcel #138.15-1-2-010
Requesting Area Variances & Use Variance
Dog Days Café
Code Sections 185-136, 185-47, 185-48A, 185-50, 185-113C (1) & (2),
185-121A and 185-51E
Shortly after the time of submission a moratorium was established on all Commercial and Light Industrial Districts. The Town Board is reviewing the zoning for all of Commercial and Light Industrial Districts in the Town of Pittsford.

No action taken at this time the Public Hearing remains open.

PUBLIC HEARINGS

700 Allen's Creek Road
Tax Parcel #138.69-1-1
Requesting a Use Variance
Code Section 185-113
Chairman, Ed Starowicz opened the Public Hearing for 700 Allen's Creek Road.
Bill Frohm, Building Inspector, read the legal notice as published in the Brighton Pittsford Post dated, April 5, 2000.

David Handel owner of 700 Allen's Creek Road, presented the application to allow the operation of a bed and breakfast at this location.
David Handel stated that he bought the house with a partner in 1994 and it became obvious after the first year that it was a financial burden. They continued to struggle for four years and two years ago realized that the expenses, approximately $80,000/year, were too much and decided to sell. However they were unable to sell this 40,000-sq. ft. house with 16 bedrooms. Mr. Handel said he is now seeking to convert it into a bed and breakfast in order to support the property and also to preserve it as a single house and not divided into four units. Four units were granted to a potential buyer in December 1999, but the buyer backed out. Mr. Handel said he would withdraw that use variance if necessary to change to a bed and breakfast. However, if the bed and breakfast plan cannot work, he would need to keep that variance so he still had the ability to change the property into four units.

Richard Williams explained that two use variances could not be issued at once, so it would be necessary to withdraw the previous one.

Richard Garth, Mr. Handel's real estate broker, said that he believes the variance for the condominiums expires in a year if it is not acted on.

Mr. Handel said he has advertised the property up until December as a single-family home, and since December, advertised it with the potential to be divided into four units.

Mr. Garth stated that the best offer Mr. Handel has received was less than what he paid for the house in 1994. That offer also required that if the prospective buyer did not sell three units of the house within a year, Mr. Handel would be required to buy the house back at the same price he sold it. Two other offers were received from developers but both were for less than Mr. Handel and his partner paid for it. Mr. Garth explained that Mr. Handel paid $815,000 and put in a new kitchen, repaired the swimming pool, reworked the electrical system, installed a brand new heating system, and put in new plumbing. When Mr. Handel put the house up for sale in 1998, the asking price was 1.2 million and then dropped to $995,000. The two most serious single-family buyers decided they did not like the neighborhood. They felt it is more of an up-scale town house development. Instead those potential buyers purchased houses on Ambassador Drive. Mr. Garth noted that since the town house development was established, the fate of the mansion has been in question and it would seem that both the Town and the developer share some responsibility for the situation that has been created for the mansion. He also indicated that the townhouse development of the property was allowed as an exception to deed restrictions placed on the property in the 1920s, showing that exceptions have been made in the past that proved beneficial to the property.

Other offers made on the mansion were either very complicated (i.e., requiring the current owners to be partners for a while, and two offers from developers, one for $800,000 and one for $750,000. They accepted the offer of $800,000, which was from a spa operator, and whose variance was not a contingency. But she withdrew the offer after a few months. The other buyers were no longer interested. Mr. Handel pursued the condominium development reluctantly. His desire has always been to preserve the house as is.

Richard Williams asked if there had been any offers where the buyers wish to use it as a single-family residence only? Mr. Garth replied there was one at the time of the spa offer, but it was a six-month closing, with out-of-town buyers, and the buyer's wife was emotionally involved with the purchase of the house and it seemed somewhat irrational. So, they pursued the spa idea because it seemed like a better offer. However when the spa idea fell through, they again approached this same couple, but they no longer were interested. There were no other single-family offers.

George Dounce asked Mr. Handel if he is the sole owner of the mansion. Mr. Handel said that he would be in about one week. He has applied for a $650,000 loan and will buy out his partner when the funds are granted.

Ed Starowicz brought up the question of traffic. Mr. Handel said that four units would actually bring more traffic than a bed & breakfast. Eight or nine guestrooms rented a night would not bring much traffic. Mr. Handel said he would remain in the house and hire a full-time maid, a full-time cook, and a full-time gardener/limo driver. He said there is a possibility that these three full-time employees could live there. He said that the circular drive in the back of the house could hold 16 cars.

Mr. Garth stated that Mr. Handel is limiting his proposal with the following restrictions. No more than nine rooms may be rented at any time. Five of those rooms have private baths and four of them are paired rooms that share a bath. Parking would be limited to sixteen cars; four garage spaces and 12 surface spaces, even though there is room for significantly more cars on the property. Deliveries would be limited to that characteristic of a residential property. No restaurant or bar facilities would be open to the public. No signage of any kind would be allowed and any marketing would be as an exclusive retreat for corporate and private clientele. Mr. Handel said that he is assuming that since the house is a Rochester landmark, people will know where it is. During the Ryder Cup, the mansion was rented by Aon Corporation and was used to house 14 individuals and dinner was served to 50 each night. There seemed to have been little notice taken of this amount of traffic.

George Dounce asked Mr. Handel if he has discussed this plan with the HPC. Mr. Handel said the HPC was invited to the mansion where he showed them his plan. The HPC's main concern was preserving the exterior and they like the idea that, on this application, there will be no interior changes to the property. Mr. Handel said he would probably only advertise this proposed bed and breakfast through word of mouth since it will remain his home and he wished to keep it very upscale. He said that if he could rent three rooms, five nights a week, that would cover the cost of employees, taxes, utilities, and he would be able to handle the upkeep of the mansion.

Richard Williams confirmed with Mr. Handel that he does not wish to withdraw the current use variance unless this variance request is granted. Mr. Handel agreed.

Public Comments

• Bracke David Clark, 5 Woodbury Place, spoke in favor of the proposed concept. He said he liked the idea of retaining the integrity of the historic landmark. He said he had concerns that have already been discussed, such as limiting the number of overnight guests and limiting food service deliveries. He suggested that the operator would be responsible to operate within the guidelines of the Homeowners Association and that if the variance is granted, it would not be transferable to a new owner.
• Richard Williams pointed out that structures receive use variances, not humans. The variance would remain with the mansion.
• John Paganelli, President of the Board of the Homeowners Association, said a big concern of the Association is the traffic. He said the majority of the Association members were not in favor of a day spa. He said there is a genuine concern to make sure that the structure of the home remains as it is, and that is in the best interests of all the residents. He said they do not want this property to become a commercial enterprise that changes the character of the community. He said the Association needs more time and more information to be convinced that this is a good idea.
• William Creary, David Handel's attorney, said that with all due respect to the Association, Mr. Handel would prefer not to wait because of the extreme expense. He is in the process of refinancing this house to take the property from his partner and proceed with this new venture.
• Five letters of support from neighbors were submitted to the Board and entered into the record.

Richard Williams said that a resolution would have to indicate certain limitations in terms of time and numbers, and more time is probably needed to go over all the issues.

A Type II Action - no further action taken. Local matter, no SEQRA required.
Ed Starowicz moved to keep the Public Hearing and to hold a special meeting on May 1, 2000 to address the additional issues before the board. Mr. Handel is under a short time frame for a decision from the Zoning Board of Appeals.
Seconded: David Rogachefsky

3536 Monroe Avenue
Tax Parcel #151.13-1-42
Requesting a Use Variance
Code Section 185-21 C
Chairman, Ed Starowicz opened the Public Hearing for 3536 Monroe Avenue.
David Rowe, Building Inspector, read the legal notice as published in the Brighton Pittsford Post dated, April 5, 2000.

Corper Associates, LLC, agent for the owner of 3536 Monroe Avenue, withdrew the application for the operation of the non-owner-occupied Professional Office Building at the above location.
This application was withdrawn per the applicant.

321 Marsh Road
Tax Parcel #152.17-1-8
Requesting an Area Variance
Code Section 185-15C (3)
Chairman, Ed Starowicz opened the Public Hearing for 321 Marsh Road.
David Rowe, Building Inspector, read the legal notice as published in the Brighton Pittsford Post dated, April 5, 2000.

Gregory Wegman, owner of 321 Marsh Road, presented the proposed plans to construct a new house at 321 Marsh Road. The request is to allow the construction of a new house within a 15' side setback when the Town code requires a 20' side setback

Discussion followed:

No further comments from the Board or the public.
A Type II Action - no further action taken. Local matter, no SEQRA required.
David Rogachefsky moved to close the Public Hearing.
Seconded: George Dounce

128 Woodland Road
Tax Parcel #151.17-2-7
Requesting an Area Variance
Code Section 185-25C (3)
Chairman, Ed Starowicz opened the Public Hearing for 128 Woodland Road.
Bill Frohm, Building Inspector, read the legal notice as published in the Brighton Pittsford Post dated, April 5, 2000.

Jim Beswick, agent for David Reed owner of 128 Woodland Road, presented the application for the construction of a new garage. The applicant is requesting a 5' 6" side setback, when the Town code requires a 15' side setback.
Discussion followed:
Per the request of the Board Members Mr. Reed is requested to return with pictures of the surrounding area and a map with location showing the proposed addition of the garage in relation to the neighbor's property.

No further comments from the Board or the public.
A Type II Action - no further action taken. Local matter, no SEQRA required.
Ed Starowicz moved to hold the Public Hearing open this application would be address again at the special meeting on May 1, 2000.
Seconded: George Dounce

87 Alpine Drive
Tax Parcel #138.18-2-70
Requesting an Area Variance
Code Section 185-15C (1)
Chairman, Ed Starowicz opened the Public Hearing for 87 Alpine Drive.
David Rowe, Building Inspector, read the legal notice as published in the Brighton Pittsford Post dated, April 5, 2000.

Steve Blanding owner of 87 Alpine Drive presented the application to construct an addition in the front of the house. The requested front setback is 45' when the Town code requires a 70' front setback.

Discussion followed:

No further comments from the Board or the public.
A Type II Action - no further action taken. Local matter, no SEQRA required.
Ed Starowicz moved to close the Public Hearing.
Seconded: Barbara Serve'

200 Kilbourn Road
Tax Parcel #138.17-1-25
Requesting two Area Variances
Code Sections 185-15C (1) & 185-15C (3)
Chairman, Ed Starowicz opened the Public Hearing for 200 Kilbourn Road.
David Rowe, Building Inspector, read the legal notice as published in the Brighton Pittsford Post dated, April 5, 2000.

John Sigrist, agent for Edward & Karen Dowejko owners of 200 Kilbourn Road, presented the proposed plans for an addition on the existing house. The request of the applicant is to allow construction within the 70' front and 20' side setbacks, which is the requirement of the Town code.

Discussion followed regarding the exact location of the addition and if the neighbors are in agreement to the addition.
Mr. Sigrist stated that there was no opposition to this application from the neighbors.

No further comments from the Board or the public.
A Type II Action - no further action taken. Local matter, no SEQRA required.
Ed Starowicz moved to close the Public Hearing.
Seconded: George Dounce

665 Mendon Center Road
Tax Parcel #191.4-2-4.112
Requesting three Area Variances
Code Sections 185-116C (4) &185-133C (1) & 185-113C (2)
Chairman, Ed Starowicz opened the Public Hearing for 665 Mendon Center Road.
David Rowe, Building Inspector, read the legal notice as published in the Brighton Pittsford Post dated, April 5, 2000.

Robert Feldman, agent for David Vasile, owner of 665 Mendon Center Road, presented the application for the proposed barn of 36' x 48' (1,728 sq. ft.). The applicant is requesting relief from the Town code requiring that the construction of any accessory structure to be 150' from the property line, the applicant is requesting 33.3 ft., also the request is for a 18 ft. high accessory structure when the Town code requires that no accessory structure will be over 12 ft. in height.
Discussion followed.

No further comments from the Board or the public.
A Type II Action - no further action taken. Local matter, no SEQRA required.
Ed Starowicz moved to close the Public Hearing.
Seconded: George Dounce

RESOLUTIONS

321 Marsh Road
Tax Parcel #152.17-1-8
Requesting an Area Variances
Code Section 185-15C (3)
David Rogachefsky moved to grant the owners of 321 Marsh Road, their request for the Area Variances, which will allow the construction of a new house, within the 20' side setback, which is the requirement of the Town code.
Seconded: Ed Starowicz
Roll Call: All Ayes

A resolution was passed granting approval to allow the construction of a new house allowing a 15' + side setback.
See resolution attached for Findings of Fact and Special Conditions.

87 Alpine Drive
Tax Parcel #138.18-2-70
Requesting an Area Variance
Code Section 185-15C (1)
Ed Starowicz moved to grant the owners of 87 Alpine Drive, their request for an area variance, which will allow the construction of a new addition within the 70' front setback, which is the requirement per the Town code.
Seconded: George Dounce
Roll Call: All Ayes

A resolution was passed granting approval to allow the construction of a new addition allowing a 45' front setback.
See resolution attached for Findings of Fact and Special Conditions.

200 Kilbourn Road
Tax Parcel #138.17-1-25
Requesting two Area Variances
Code Sections 185-15C (1) & 185-15C (3)
Ed Starowicz moved to grant the owners of 200 Kilbourn Road, their request for an area variance, which will allow the construction of a new addition within the 70' front setback and 20' side setbacks, which is the requirement per the Town code.
Seconded: Rufus Falk
Roll Call: All Ayes

A resolution was passed granting approval to allow the construction of a new addition allowing a 54' front setback and a 16' side setback.
See resolution attached for Findings of Fact and Special Conditions.

665 Mendon Center Road
Tax Parcel #191.4-2-4.112
Requesting three Area Variances
Code Sections 185-116C (4) &185-133C (1) & 185-113C (2)
Rufus Falk moved to grant the owners of 665 Mendon Center Road, their request for an area variance, which will allow the construction of an accessory structure within 150' of the property line and to allow the accessory structure to be over 12' in height, which is required per the Town code.
Seconded: George Dounce
Roll Call: All Ayes

A resolution was passed granting approval to allow the construction of an accessory structure to be 33.3' from the property line and that the height will not exceed 18' in height.
See resolution attached for Findings of Fact and Special Conditions.