ZONING BOARD MINUTES
April 21, 2003

Approved 05/19/2003

Posted 05/26/2003

Minutes of the Zoning Board meeting held in the Town Hall, lower level meeting room, 11 South Main Street, Pittsford, on April 21, 2003 and filed in the Town Clerk's office on:
May 22, 2003

MEMBERS PRESENT
David Rogachefsky, Rufus Falk, Barbara Servé, George Dounce, Larry Magguilli, Peter Webster and Robert Shaddock

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

Chairman, David Rogachefsky, 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 HEARINGS CONTINUED:

2 Lochnavar Parkway
Tax # 151.07-1-22
Requesting two Area Variances
Relief from Code Sections 185-15 C (1) & (3)
Requiring a 70' front & 20' side setback.

Richard Williams, attorney to the board, read the legal ad as published in the Brighton Pittsford Post, Wednesday edition, April 9, 2003, for 2 Lochnavar Parkway.

Mr. Bascom, 2 Lochnavar Parkway, presented the application and reviewed the proposed new location for the pool on a tape map of his property. Because of the septic system there are only the two possible locations for the pool. This new location will make the pool in a spot that the house would hide it and they have small children. There will be a 4' chain link fence surrounding the pool. The 5' fence would remain from the house and along the side lot line. If the fence was moved to enclose the back yard it would totally close off access to the septic system. They would probably have to move the pool over 2' closer to the fence in order to accommodate the septic system.

R. Falk asked if the pool could be turned 90°?
J. Bascom that this would not work it would make access to the septic system to difficult.

Claudia Elliott, 4 Lochnavar Parkway, stated her concerns regarding having the pool near her property line. Her bedroom would be next to the new location of the pool and would like to see some kind of privacy fence long her lot line to lesson the noise. She feels that the pool, with it being so close to her lot line would not enhance the value her property. Right now there is only a little fence to keep the dog in.

There were no additional comments from the board members or the public.
J. Bascom commented that it would cost more to develop the area for the second location of the pool. The first option located behind the house maintains a play area and is most cost effective. The board now has his two options and whichever option they decide on he will withdraw the other option. Therefore, there will only be one application before the board.

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

Robert Shaddock moved to close the Public Hearing.
Seconded: Larry Magguilli

87 Alpine Drive
Tax #138.18-2-70
Requesting an Area Variance
Relief from Code Section 185-15 C (1),
requiring a 70' front setback

Richard Williams, attorney to the board, read the legal ad as published in the Brighton Pittsford Post, Wednesday edition, April 9, 2003, for 87 Alpine Drive.

Steve Blanding, 87 Alpine Drive, presented the application and stated that before they added a powder room they only had one bathroom in the house. The children are getting older and they need more room. They will be demolishing the detached garage and attaching the new garage to the house. This will give them more back yard. The 2-story addition will replace the existing patio and add onto the house a 4th bedroom and an additional bathroom. They will also have a real family room with this addition. They need this size of a room because of the huge existing fireplace that sticks out into the patio room about 2' and they would like to have some room to arrange furniture in the room.

Board member George Dounce commented:

1. How close to the road will this 2-story addition be in relation to other houses in the area?
2. Have you looked at other options?
3. It looks like 22' from Crestline Road is too close.

Steve Blanding stated that there were other houses on Crestline Road that are a lot closer to the road than what he is requesting. An 8' x 8' addition doesn't feel that close to the road and there is a sidewalk between the house and the road. They will make the new additions blend with the house. The detached garage is a challenge in the winter. The attached garage will have a mudroom included in the addition. The neighbors all like the proposed addition. They like the area and want to stay there. They really have no other choice for location for this addition. If they put this to the back of the house they would have to remove the new addition that they just put on a few years ago. The addition does not appear to close for him, again keeping in mind that the sidewalk is in between the house and the road.

Barb Servé would like to see the addition staked out so she could see just how close this addition would be in relation to the road. She is not ready to present a resolution at this time.

B. Servé moved to close the Public Hearing regarding the garage portion of this application.
Seconded: George Dounce

The Public Hearing for the 2-story addition remains open, pending new information from the applicant.

966 Linden Avenue
Pellegrino's Deli/Café
Tax #139.13-2-4
Requesting an Area Variance
Relief from Code Section 185-138 A (4)
Requiring that no sign shall exceed more than 100-sq. ft.

This application is tabled until the May 19, 2003 meeting as requested by the applicant.

4245 East Avenue
Nazareth College
Tax #151-09.1.1.11
Requesting an Area Variance
Relief from Code Section 185-133 E

This application is tabled until the Planning Board has finished their process regarding this application.

RESOLUTIONS:

2 Lochnavar Parkway
Tax # 151.07-1-22
Requesting an Area Variance
Relief from Code Sections 185-15 C (1) & (3)
Requiring a 70' front & 20' side setback.

Discussion:
P. Webster commented that the pool would be to close to the neighbors on either side.
B. Servé agrees with the resident from 4 Lochnavar Parkway that a privacy fence should be installed along the side to lesson the noise.
R. Williams stated that you can specify the type of fence within the front setback which becomes a part of the variance but the side lot line is not a part of this application therefore, you have no say regarding the style of fence to be installed. He is allowed to install a pool up to his 20' side setback and a fence along his property line to enclose it.

Barbara Servé would like to review the options for the pool location and render a decision at the May meeting.

87 Alpine Drive
Tax #138.18-2-70
Requesting an Area Variance
Relief from Code Section 185-15 C (1),
requiring a 70' front setback

Discussion:
B. Servé asked council if they could grant a portion of this application for the garage and then proceed with the 2-story addition at the next meeting.
R. Williams stated that the board could proceed with this part of the application.

Barbara Servé moved to grant to owner(s) 87 Alpine Drive the requested Area Variance, which will allow the construction of a new attached garage and mudroom within the required 70' front within a front setback.
Seconded: Rufus Falk
Roll Call: All Ayes

A resolution was passed granting the requested Area Variance to allow the construction of a new attached garage and mudroom within the 70' front. Construction completion date December 31, 2005.
See the Zoning Board of Appeals file for the resolution for Findings of Fact and Special Conditions.

OTHER:

1. March 17, 2003 minutes approved with correction.


2. 4245 East Avenue, Nazareth College, French Road Access Reconstruction, Planning Board requesting Lead Agency for this application.
   George Dounce moved to grant Planning Board Lead Agency for the Nazareth application.
   Seconded: Rufus Falk
   Roll Call: All Ayes


3. New Applications.
   1. 4000 East Avenue, Area Variance Rufus Falk
   2. 2 Roxbury Lane, Area Variance George Dounce
   3. 233 Overbrook Road, Area Variance Robert Shaddock
   4. 3700 East Avenue, St. John Fisher College, Area Variance David Rogachefsky

George Dounce moved to adjourn at 9:30 p.m.
Seconded: Larry Magguilli
Roll Call: All Ayes

Respectfully submitted,

Sandie Freitag
Zoning Secretary

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