FacebookTwitterNewsletterArchivesPhoto GalleryCalendarChannel 12

Document Adlet

ZONING BOARD MINUTES
March 15, 2004

Approved 04/19/2004

Posted 04/26/2004


Minutes of the Zoning Board of Appeals meeting held in the Town Hall, lower level meeting room. 11 South Main Street, Pittsford, on February 16, 2004 and filed in the Town Clerk's office.

MEMBERS PRESENT
Rufus Falk, George Dounce, Larry Magguilli, Peter Webster and Robert Shaddock

MEMBERS ABSENT
David Rogachefsky and Barbara Servé

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

George Dounce, acting Chairman, called the regularly scheduled meeting of the Zoning Board of Appeals to order at approximately 7:00 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 the welcome until the Public Hearing is closed.

PUBLIC HEARINGS:

72 North Country Club Drive
Tax #151.05-1-13
Requesting two Area Variances
Requesting relief from Code Sections 185-15 C (1) & (3)
Requiring a 7-‘ front and 20' side setback

Richard Williams, attorney for the board, read the legal ad as published in the Brighton Pittsford Post, Wednesday edition, February 4, 2004, for 72 North Country Club Drive.

Joe Ventura, acting as agent for the owners of 72 North Country Club Drive, outlined the proposed application and submitted pictures as to where the addition and the covered front porch will be constructed. None of the surrounding neighbors are opposed to these additions. The garage addition will be approximately 3' into the side setback and the front porch roof will be 3' 3" into the front setback.

The board members comments are as follows:

  1. Will the existing blacktop to the west of the present garage be removed?
  2. Time of completion?
  3. Is the front porch roof within the front setback?

The Applicant responses:

  1. The blacktop to the west of the existing garage will be removed upon completion of the addition.
  2. They are looking at a completion time of 60 days once they get started.
  3. If the front porch roof is not a part of this application they will resubmit an application to take care of the required variance.

Dave Rowe, Building Inspector, stated that the front porch roof was included with the legal ad and therefore, it can be addressed at this meeting.

There were no additional comments from the board or the public.

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

Peter Webster moved to close the Public Hearing.
Seconded: Larry Magguilli

3300 Monroe Avenue
Pittsford Place Mall - Porcelain, Inc.
Tax #150.12-1-14 & 15
Requesting an Area Variance
Requesting relief from Code Section 185-138
Signage in a Commercial District

Richard Williams, attorney to the board, read the legal ad as published in the Brighton Pittsford Post, Wednesday edition, February 4, 2004, for 3300 Monroe Avenue.

Richard Williams stated that Ken Marvald, Graywood Development, contacted him by e-mail dated February 11, 2004, stating that they will not be doing the façade renovations that received a variance in July 2003. The project is too costly and the owner has decided not to proceed with the changes. Therefore, the original colors of the variance granted in May 20, 1996 of which are blue and gold are the colors that the board will take under consideration when regarding this application.

Robert Seiffert, CEO of the parent company of Porcelain, Inc. presented the application outlining the reason for the black and white sign. The colors of black and white are their corporate colors and are nationally recognized. The sign is on the west side of the building and is not visible from Monroe Avenue. The applicant presented pictures showing the view from Monroe Avenue, from the parking lot, Thrills and McDonalds. You could see this sign from the parking lot, Thrills and McDonalds. They are always having people coming into their store thinking it is an entrance to Lauers Furniture Store. Using the blue and gold colors does not distinguish them enough from the other stores. The signage meets with the requirement of size as stated in the May 20, 1996 variance granted by this board. They would like to install this sign as soon as the contractor can get it done because their grand opening is on March 4, 2004.

Comments from the board members:

  1. What will happen if Pittsford Place Mall brings in a new application for future façade renovations?
  2. The awnings on Blockbuster are looking pretty bad, what if they want to change their colors.
  3. This could cause a domino effect with the rest of the tenants in the building.
  4. They would like to see the sign in the blue and gold colors.

Dave Rowe stated that Blockbuster has requested a building permit to replace the awnings. They should be replaced soon.

Rich Williams stated that if Ken Marvald & Co. want to do any changes regarding the façade they would have to reapply with a new application.

There were no additional comments from the board or the public.

This is an Unlisted Action and a Negative Declaration is submitted. This is a local matter, and a SEQRA Resolution is required and an EAF Short Form was submitted with this application.

George Dounce read into the record a SEQRA Resolution.
Seconded: Larry Magguilli

Robert Shaddock moved to close the Public Hearing.
Seconded: Peter Webster

RESOLUTIONS:

72 North Country Club Drive
Tax #151.05-1-13
Requesting two Area Variances
Requesting relief from Code Sections 185-15 C (1) & (3)
Requiring a 70' front and 20' side setbacks.

Discussion:
A front load garage is a better situation than the existing end load because the cars will be further off the property line for the adjoining neighbor to the west. The removal of the asphalt to the west side of the garage will be added as a condition to the resolution.

Robert Shaddock moved to grant to the owners of 72 North Country Club Drive the requested Area Variance to construct a new garage addition and a covered front porch within the side and front setbacks at the above-mentioned property.
Seconded: Larry Magguilli

Roll Call:
Webster Yes
Dounce Yes
Magguilli Yes
Falk Yes
Shaddock Yes
Servé Absent
Rogachefsky Absent

A resolution was passed granting the requested Area Variance to construct a new garage addition and a covered front porch within the 20' side setback and the 70' front setback, which will allow a 17' 3" side setback and a 66' 9" front setback at the above-mentioned property.
See the Zoning Board of Appeals file for the resolution for 72 Country Club Drive for the Findings of Fact and Special Conditions.

3300 Monroe Avenue
Pittsford Place Mall - Porcelain, Inc.
Tax #150.12-1-14 & 15
Requesting a modification to the Area Variance granted on May 20, 1996.
Requesting relief from Code Section 185-138
Signage in a Commercial District

Discussion:
Peter Webster stated that he is uncomfortable with the changes, referring to McDonalds and the painting of their building to red and white, stating they wanted their corporate colors on the building, and if the Town had allowed that to remain it would have started other companies wanting to change their signs to their logos or their building façade to indicate their businesses.

George Dounce disagrees that to make the tenants stick to the blue and gold signage could hinder their businesses and the Town is not out to make it difficult for businesses to survive and allowing them to use their logos could increase their business.

Rufus Falk doesn't care that the sign changed to black and white.

Peter Webster asked if this change is in line with the Monroe Avenue Design Guidelines?

Larry Magguilli doesn't see that the blue and gold would cause a problem if they were to keep this color.

Rufus Falk agrees with this except that this sign is to the back of the building and will not be visible from Monroe Avenue.

Robert Shaddock stated that there is no one here to protest the change of color for the sign.

George Dounce moved to grant to the owners of 3300 Monroe Avenue, Porcelain, Inc. the requested modifications to the Area Variance granted on May 20, 1996 to change the color for the one requested sign from blue and gold to black and white.
Seconded: Robert Shaddock

Roll Call:
Webster No
Magguilli No
Falk Yes
Shaddock Yes
Dounce Yes
Servé Absent
Rogachefsky Absent

There was no action taken regarding this application.

OTHER:

  1. REVIEW/APPROVAL OF THE JANUARY 21, 2004 MINUTES:
    Robert Shaddock moved to approve the January 21, 2004 minutes.
    Seconded: Peter Webster
    Roll Call: All Ayes
    Larry Magguilli abstaining.
  2. POINT PERSON FOR THE MARCH 15, 2004 MEETING:
    1. 683 Stone Road, Area Variance - proposed to construct an accessory structure forward of the rear wall of the main structure. Larry Magguilli
    2. 23 Latchmere Court, Area Variance - proposed to add a 3-car garage within the front setback. Robert Shaddock
  3. Lead Agency Status:
    The Planning Board submitted an application proposing that the Planning Board become Lead Agency to the proposed application from St. John Fisher College for their new 4-story dormitory/student union and a cafeteria addition to Ward Haffey Hall.
    Peter Webster moved to grant the Town of Pittsford Planning Board Lead Agency status for the St. John Fisher College's application.
    Seconded: Rufus Falk
    Roll Call: All Ayes

George Dounce moved to adjourn at 8:10 p.m.
Seconded: All Ayes

Respectfully submitted,

Sandie Freitag
Zoning Secretary


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