TOWN OF PITTSFORD ZONING BOARD OF APPEALS MINUTES June 17, 2013



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TOWN OF PITTSFORD ZONING BOARD OF APPEALS MINUTES June 17, 2013 PRESENT George Dounce, Chairperson; Barbara Servé, Vice Chairperson; Michael Rose, Robert Shaddock, Jaime Waldman, Mary Ellen Spennacchio-Wagner ABSENT Peter Webster, Jason Kaluza ALSO PRESENT Richard T. Williams II, Town Attorney; Robert Fromberger, Town Engineer, PE; Jared Lusk, Town Board Liaison; Carol Weber, Secretary to the Board George Dounce, Chairman, called the regularly scheduled meeting of the Zoning Board of Appeals to order at 7:03 and opened the following Public Hearings which were published in the June 7, 2013 edition of the Brighton Pittsford Post. 357 West Bloomfield Road, Tax #192.01-1-26, Paul and Judy Flagg are requesting relief from Town The size of a roofed/enclosed accessory structure shall not exceed 180 sf; No accessory structure shall be located forward of the rear wall of the main structure; The side and rear setbacks for accessory structures shall be those required for dwellings in the applicable zoning district. The applicants have proposed to construct an accessory structure encroaching into the 20' minimum side setback; in excess of 180 sf and forward of the rear wall of the main structure. Property is zoned Residential Neighborhood. The Board reviewed the application with Paul Flagg, Owner. There were no public comments regarding this application. Board Member, Robert Shaddock moved to close the Public Hearing and Board Member, Barbara Servè seconded the motion. The Public Hearing was A written resolution to approve the Area Variance was moved by Barbara Serve and seconded by Mary Ellen Spennacchio-Wagner. Roll call: All ayes except Peter Webster who was absent 1. This variance is granted only for the plans submitted and prepared by Applicant dated 4/24/2013. 3. The proposed accessory building is subject to review and approval of Design Review & Historic Preservation Board. 24 Amber Hill Drive, Tax #177.04-2-49, Brett and Kristin Manske are requesting relief from Town Code 185-17 I Rear Buffer: A rear buffer shall be applied to all lots extending 20' from the rear property line, for the width of the property. Accessory structures are not permitted within this area. The applicant has proposed to construct an in-ground swimming pool encroaching into the rear buffer. Property is zoned Residential Neighborhood.

The Board reviewed the application with Kristin Manske, Owner. There were no public comments regarding this application. Board Member, Michael Rose moved to close the Public Hearing and Board Member, Barbara Servè seconded the motion. The Public Hearing was A written resolution to approve the Area Variance was moved by Peter Webster and seconded by Barbara Serve 1. This variance is granted only for the plans submitted and prepared by the Applicant and dated 4-20-13. 3. Applicant has been advised to insure final patio layout plus existing impervious areas total less than 40%. 23 Settlers Green, Tax # 163.04-5-21, Thea Steinberger is requesting relief from Town Code 185-121(A) Fences and Hedges: On lots used for residential purposes, no fence more than 3' in height shall be erected in front of a front setback. The applicant has proposed to construct a fence 6' in height where 3' is the maximum allowed. The proposed fence will be located forward of the front setback on this corner lot. Property is zoned Residential Neighborhood. The Board reviewed the application with Thea Steinberger, Owner. There were no public comments regarding this application. Board Member, Barbara Servè moved to close the Public Hearing and Board Member, Mary Ellen Spennacchio-Wagner seconded the motion. A written resolution to approve the Area Variance was moved by Barbara Serve and seconded by Jaime Waldman. Roll call: All ayes except Peter Webster who was absent 1. This variance is granted only for the plans submitted and prepared by Applicant dated 5-10-2013. 40 Woodgreen Drive, Tax #177.03-3-61, Mark and Wendy LeFebvre is requesting relief from Town Code 185-17 L (1)(c)[1]. On flag lots the building envelope must maintain a minimum distance of 60' from any adjoining lot line. The applicant has proposed to construct an addition encroaching into the 60' minimum required distance from any lot line. Property zoned Residential Neighborhood. The Board reviewed the application with Mark and Wendy LeFebvre, Owner.

There were no public comments regarding this application. Board Member, Michael Rose moved to close the Public Hearing and Board Member, Jaime Waldman seconded the motion. The Public Hearing was A written resolution to approve the Area Variance was moved by Jaime Waldman and seconded by Barbara Serve 1. This variance is granted only for the plans submitted and prepared by the Applicant dated June 17, 2013. 3. The proposed garage is subject to review and approval of Design Review & Historic Preservation Board. 330 Kilbourn Road, Tax #138.170-1-14, Anargyros Caloyeras is requesting relief from Town Code 185-17 K. Corner lots shall contain a front yard abutting each road right-of-way. The applicant has proposed to construct a covered rear porch encroaching into the 40' minimum distance from the right-ofway. Property zoned Residential Neighborhood. The Board reviewed the application with Anargyros Caloyeras, Owner. There were no public comments regarding this application. Board Member, Mary Ellen Spennacchio- Wagner moved to close the Public Hearing and Board Member, Robert Shaddock seconded the motion. Mary Ellen Spennacchio-Wagner 1. This variance is granted only for the sketches submitted by applicant 600 Allen s Creek Road, Tax #137.16-2-6, Nestor Farmiga is requesting relief from Town Code 185-17 B(1) Building Line: Structures and additions are not permitted to extend forward of the building line. The applicant has proposed to construct an addition forward of the building line, encroaching into the minimum 70' front yard depth. Property zoned Residential Neighborhood. The Board reviewed the application with Nestor Farmiga, Owner. There were no public comments regarding this application. Board Member, Jaime Waldman moved to close the Public Hearing and Board Member, Mary Ellen Spennacchio-Wagner seconded the motion.

A written resolution to approve the Area Variance was moved by Mary Ellen Spennacchio-Wagner and seconded by Barbara Serve Roll call: All ayes 1. This variance is granted only for the plans submitted and prepared by the Applicant dated May 24, 2013. 3524 East Avenue, Tax #138.140-01-011; 138.140-01-012 & 138.140-01-013, Riedman Development/Kilbourn Place is requesting relief from Town Code 185-134D(5) Signs in residential districts: If a sign is part of a stone, brick or other permanent wall or structure, the sign shall not exceed 6 sf in size and the structure on which it is located shall not exceed 4 feet in height. The applicant has proposed to construct a stone wall with a 6' tall post, 2' in excess of what is allowed by Town Code. Property is zoned Incentive Zoning. The Board reviewed the application with Reidman Development/Kilbourn Place, Owner. There were no public comments regarding this application. Board Member, Robert Shaddock moved to close the Public Hearing and Board Member, Jaime Waldman seconded the motion. The Public Hearing was Mary Ellen Spennacchio-Wagner. Roll call: All ayes 1. Only for the sketch submitted by applicant dated May 6, 2013. 2. All construction to be completed by December 31, 2014. 3140 Monroe Avenue, Tax #150.12-1-7.1, Bank of Castile is requesting relief from Town Code 185-44, Lot size: Each lot shall have a minimum area of 30,000 sf and a lot width of 150 '. The applicant has proposed to construct a new commercial structure on an undersized lot. Total area of the lot is 18,312 sf where 30,000 sf is required. Lot width of 100 linear ft. where 150 linear ft. is required. Property is zoned Commercial. The Board reviewed the application with Steve Mattern, representing the Bank of Castile, Owner. There were no public comments regarding this application. Board Member, Mary Ellen Spennacchio moved to close the Public Hearing and Board Member, Jaime Waldman seconded the motion. The Public Hearing was

Mary Ellen Spennacchio-Wagner 1. This variance is granted only for the plans submitted and prepared by the Applicant dated 4/3/2013 2. A construction is to be completed by 12/31/14 3650 Monroe Avenue, Tax#151.13-1-24, Barnett Realty, LLC is requesting relief from Town Code 185-134 D(4) Signs: When placed on a post or pole the sign shall not exceed 6 sf. The applicant has proposed to erect a sign in excess of 6 sf. Property is zoned B, Residential. OTHER: The Board reviewed the application with Gina Keyes of Barnett Realty, LLC, Owner. There were no public comments regarding this application. Board Member, Mary moved to close the Public Hearing and Board Member, Jaime Waldman seconded the motion. The Public Hearing was A written resolution to approve the Area Variance was moved by George Dounce and seconded by Mary Ellen Spennacchio-Wagner 1. This variance is granted only for the plans submitted and prepared by the Applicant. 2. All construction is to be completed by 12/31/2014 Review and Approve the May 20, 2013 Minutes Point person assignments Respectfully submitted, Carol J. Weber Secretary to the Board OFFICIAL BOARD MINUTES ARE ON FILE IN THE OFFICE OF THE TOWN CLERK