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HomeMy Public PortalAbout06.07.2021 - ZBA Minutes MINUTES OF A REGULARLY SCHEDULED MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF IRONDEQUOIT HELD AT THE IRONDEQUOIT TOWNHALL, 1280 TITUS AVENUE, MONROE COUNTY, NEW YORK, ON MONDAY, JUNE 7, 2021 AT 7:00 P.M. TO CONSIDER THE FOLLOWING CASES: BOARD MEMBERS PRESENT: James Hinman Chairman Issac Elliot Member Sean Hart Member Joseph Intini Member Bradley Upson Member Ryan Trevas Member BOARD MEMBERS ABSENT: Charlsey Bickett Member F. L. Gorman Alt. Member STAFF PRESENT: Nathan Vander Wal Deputy Town Attorney Michelle Nichols Recording Secretary The meeting was called to order at 7:00 p.m. Chairman Hinman instructed the applicants as to the presentation of their cases and stated that this meeting was being recorded. He stated that these minutes are intended to reflect the sum and substance of the comments made by Board Members, applicants and the public and not intended as a verbatim transcript or official record. ON MOTION by Board Member Upson, seconded by Board Member Trevas, carried: 6 Aye, 0 Nay, 1 Absent, 0 Abstained, the Board REMOVED THE ITEM FROM THE TABLE. Tabled Item - Case No: ZB2021-05-2 Upon the matter of request by Christopher Idzik, for an Area Variance, to maintain an existing street side fence, with less than required setback, on premises 651 LAKE SHORE BLVD., in an R-1 Residential District. Christopher Idzik, H.O., Sworn In: • Amended variance request to only go around the large tree. • Neighbors stated previously they were in agreement with the move. • Contractor will move the current fence 3’ setback except around the large tree. Monroe County Department of Planning Referral: N/A State Environmental Quality Review Act (SEQRA) Determination: The project is a Type II Action pursuant to S.E.Q.R.A. ON MOTION by Board Member Hinman, seconded by Board Member Elliott, carried: 6 Aye, 0 Nay, 1 Absent, 0 Abstained, the Board Approved the Area Variance for the portion of the fence which encloses the tree. ON MOTION by Board Member Hinman, seconded by Board Member Elliott, carried: 6 Aye, 0 Nay, 1 Absent, 0 Abstained, the Board REMOVED THE ITEM FROM THE TABLE. Tabled Item - Case No: ZB2021-05-1 Request by Christopher Palazzo, for an Area Variance, to continue parking a commercial vehicle, on premises 5305 ST. PAUL BLVD, in an R-2 Residential District. Christopher Palazzo, H.O., Sworn In: • Commercial vehicle on the parcel. • Adjourned last month to investigate other spots. • Last case effort could move it but is not in the monthly budget. • One option would be to sell the truck if cannot get the variance. • Vehicle is not used on a regular basis. • Used to transport items to and from Florida. • Used to maintain rental properties locally. • Over $3,000.00 dollars to rent a U-Haul per trip to travel to Florida. • Cost to store the vehicle would be $150.00 per month. • Used to take furniture to and from Florida for rental properties. • Not possible to store behind the home. • Visit rentals in Florida twice, three times a year. • Consider when current vehicle becomes unusable, would consider purchasing a vehicle within town code. PUBLIC INPUT: None / PH Closed Monroe County Department of Planning Referral: N/A State Environmental Quality Review Act (SEQRA) Determination: The project is a Type II Action pursuant to S.E.Q.R.A. ON MOTION by Board Member Hinman, seconded by Board Member Upson, carried: 5 Aye, 1 Nay, 1 Absent 0 Abstained, the Board Approved the Area Variance with the following condition: • Limited to current vehicle as described within the application. Case No: ZB2021-06-1 Upon the matter of request by Bernadette Wallace, for an Area Variance to replace an existing street side fence, with less than required setback, on premises 10 CEDARWOOD ROAD, in an R-1 Residential District. Bernadette Wallace, H.O., Sworn In: • Seeking to replace existing fence. • Current fence encroaches onto the right of way. • Would like to place the fence on the lot line without the 3’ setback. • Would lose too much property if we had to move it back the three feet. • Would propose 4’ or 5’ high. • Privacy style fencing. PUBLIC INPUT: Cindy Antinoto, Pattonwood Drive: • Currently lives on a corner lot. • If there is an existing fence that does not look well and anything, we can do to make it appealing to look good should be taken not consideration. • Allowing her to have her privacy and safety. PH closed. Monroe County Department of Planning Referral: N/A State Environmental Quality Review Act (SEQRA) Determination: The project is a Type II Action pursuant to S.E.Q.R.A. ON MOTION by Board Member Upson, seconded by Board Member Hart, carried: 6 Aye, 0 Nay, 1 Absent 0 Abstained, the Board Approved the Area Variance as submitted. Case No: ZB2021-06-2 Upon the matter of request by Matthew & Paula Fink, for an Area Variance to install a shed, with less than required setback from a dwelling, on premises 93 BELLECLAIRE DRIVE, in an R-1 Residential District. Matthew & Paula Fink, H.O.’s. Sworn In: • Requesting a variance to put a shed in the back yard. • The garage is in my back yard. • Would like to place it next to my attached garage. • Back yard is pretty small and would need 6’ off the dwelling. • Requesting a variance for 2’. • The two feet would leave enough room to do the maintenance needed. PUBLIC INPUT: None / PH Closed Monroe County Department of Planning Referral: N/A State Environmental Quality Review Act (SEQRA) Determination: The project is a Type II Action pursuant to S.E.Q.R.A. ON MOTION by Board Member Trevas, seconded by Board Member Elliott, carried: 6 Aye, 0 Nay, 1 Absent, 0 Abstained, the Board Approved the Area variances as submitted. Case No: ZB2021-06-3 Upon the matter of request by Ridge Culver Fire Association, for Area Variances to construct a 30’ x 42’ garage addition, exceeding maximum permitted square footage, height & width, on premises 36 RUSSELL AVENUE, in an R-2 Residential District. Heidi Boehl-Jeffers, Representing RCFD, Sworn In: • Requesting height, width and square footage variances. • Looking to construct a 28’ by 42’ garage addition. • Storage to antique fire truck. • Looking to install of members bricks representing lifetime members. • Use also for storage items. • Never had an issue from the neighbors. • Fire district allows access to the garage with no issues. • Lot is very deep from Russell Avenue. PUBLIC INPUT: Dan Driffill, 816 Washington Ave: • Previous owner. • Superb neighbors. • Considerate neighbors. • Speaking in favor of their addition. PH Closed. Monroe County Department of Planning Referral: N/A State Environmental Quality Review Act (SEQRA) Determination: The project is a Type II Action pursuant to S.E.Q.R.A. ON MOTION by Board Member Intini, seconded by Board Member Upson, carried: 6 Aye, 0 Nay, 1 Absent, 0 Abstained, the Board Approved the Area variances as submitted. Case No: ZB2021-06-4 Upon the matter of request by Brandon Shean, for Area Variances, to construct an attached garage addition, with less than required rear and side setbacks, exceeding maximum permitted lot coverage and height, on premises 246 PATTONWOOD DRIVE, in an R-2 Residential District. Brandon & Lauren Shean, H.O., Sworn In: • Proposing an attached garage addition. • Growing family and would like to stay here the rest of our lives. • Looking for more storage for collectable cars. • Percentage of lot coverage is only .03% • Square footage proposed is 894SF. • Working from home for IT company. • Requesting a car lift installed in the new garage addition. • Shed will be removed and aluminum awning will also be removed. • Block and cinder blocks will be removed as well. • The enclosed porch become part of the garage. • Still waying out if a basement will be installed due to cost. • Current siding will match proposed addition. PUBLIC INPUT: Letter in support from 238 Pattonwood Drive. Karen Wilson, 238 Pattonwood Drive: • Spoke in favor of. • Current garage is very small. • They have a growing family. Joyce Taylor, 7 Timrod Drive, • Spoke in favor of. • Have taken really good care of their property. • Irondequoit is a great place to live. • Do not see a problem effecting of it. • Like to keep everything looking nice and welcoming. P H Closed. Monroe County Department of Planning Referral: N/A State Environmental Quality Review Act (SEQRA) Determination: The project is a Type II Action pursuant to S.E.Q.R.A. ON MOTION by Board Member Hinman, seconded by Board Member Elliott, carried: 6 Aye, 0 Nay, 1 Absent 0 Abstained, the Board Approved the Area Variances with the following conditions: • Subject to the garage can not be used for the repair or maintenance of vehicles not owned by applicant or family. Case No: ZB2021-06-5 Upon the matter of request by Paola Antenucci, for an Area Variance, to construct a roof extension and entrance platform, with less than required front setback, on premises 40 DELTA TERRACE, in an R-2 Residential District. Paola Antenucci & Robert Dates, H.O’s, Sworn In: • Requesting an area variance for existing porch. • Extend roof to make it longer. • Move the steps from the north side to the west side. • Would like to weatherproof existing porch. • Using the same footprint. • Extending the roof line will not interfere within the road. PUBLIC INPUT: Signatures received in favor of from: • 17 Delta Terrace • 53 Delta Terrace • 10 Delta Terrace • 9 Delta Terrace • 53 Delta Terrace • 48 Delta Terrace • 425 Lake Front • 28 Bateau Terrace • 25 Delta Terrace • 453 Rock Beach Road PH Closed Monroe County Department of Planning Referral: N/A State Environmental Quality Review Act (SEQRA) Determination: The project is a Type II Action pursuant to S.E.Q.R.A. ON MOTION by Board Member Intini, seconded by Board Member Trevas, carried: 6 Aye, 0 Nay, 1 Absent 0 Abstained, the Board Approved the Area Variance as submitted. Case No: ZB2021-06-6 Upon the matter of request by Eva Moses, for an Area Variance, to continue parking a commercial vehicle, on premises 411 RAWLINSON ROAD, in an R-1 Residential District. Eva Moses, H.O., Sworn In: • Propose to keep truck in driveway. • Truck is usually offsite working. • It is the primary work vehicle used for work. • Last summer that was parked on the street due to son getting married. • Have been here over 15 years and has never been a problem. • If the truck is parked in the driveway, it is not in site of the person complaining. • Small commercial vehicle perhaps not allowed by the Zoning Code. • All neighbors have signed in favor of the truck staying there. • It is a very long driveway and the truck can be moved back. • Everyone from Seneca down Rawlinson have signed in favor of the application. PUBLIC INPUT: Signatures received in favor of from: • 419 Rawlinson Road • 104 Rawlinson Road • 438 Rawlinson Road • 426 Rawlinson Road • 416 Rawlinson Road • 425 Rawlinson Road • 403 Rawlinson Road • 384 Rawlinson Road • 371 Rawlinson Road • 361 Rawlinson Road • 366 Rawlinson Road • 378 Rawlinson Road Sam Morelle, 400 Rawlinson Road: • Spoke in opposition of. • Leaving the entire fleet out there. • Called Code Enforcement to report. • Its not a small truck. • The driveway may be long, but it is only 11 feet wide. • Do not see how the truck will fit back there. • There is no room for the truck in the driveway. • Rawlinson Road has a serious parking problem. • Think the truck is owned by Wonder Windows on South Avenue. • Showed examples of alternative parking. • Submitted packet of information. • Purchased the house about two and a half years ago. • No consideration for the neighbors at all. Rebuttal from Applicant Eva Moses: • The vehicle is hardly ever there in the daylight hours. • The truck fits in the driveway, not sure what he is measuring. • There is a concern with someone who drives over their own lawn with horses blocking his driveway. • From his house he doesn’t even have to see the vehicle. • The truck is also parked in the driveway. • Safety is an issue. • The truck is gone very early in the morning. • Has not been a problem for over 15 years. PH Closed. Monroe County Department of Planning Referral: N/A State Environmental Quality Review Act (SEQRA) Determination: The project is a Type II Action pursuant to S.E.Q.R.A. ON MOTION by Board Member Hinman, seconded by Board Member Elliott, carried: 5 Aye, 1 Nay, 1 Absent, 0 Abstained, the Board Approved the Area Variance subject to the following conditions: • Subject to the commercial vehicle be parked in the driveway behind the rear lot line of the home. Case No: ZB2021-06-7 Upon the matter of request by Brendan Merna, for a Special Use Permit, to harbor three (3) hens with coop, pursuant to Town Code Section 235-70, on premises 118 WILLOWEN DRIVE, in an R-1 Residential District. Brendan Merna, H.O., Sworn In: • Proposing to harbor three hens with coop. • Have had the chickens for a year. • Have as a pet and source of eggs. • Coop is large enough to house the three hens. • Colder variety of chickens that can lay eggs throughout the winter. • Food is thrown onto the ground to feed the hens. • Run is cleaned monthly. • Submitted health certificates at the meeting. • Back yard is also fenced in. PUBLIC INPUT: Jose Romero, 105 Suellen Drive • Spoke in favor of. • No opposition to the chickens. • Have no issue. • Keeps it really clean • Takes very good care of them. • Chickens actually eat tics. Ed Laughlin, 117 Willowen Drive: • Spoke in opposition of. • There are rats in the area. • This presents a problem because of the tics. • Tics are a large growing problem in the area. • We love our community and love animals. • Feeding on the ground becomes a very large problem. • There are mice in the whole area. • Not in favor of having this farm animal in this area. • Serious medical issue with having a tics in the area. • Have seen more foxes and skunks in the area. • Give consideration of what should be done with live animals. • Love all kinds of animals but want to bring a safety and healthcare to the area. Emails received in opposition of anonymously. PH Closed Rebuttal from Mr. Merna: • Happy to help out with the tic discussion research. Monroe County Department of Planning Referral: N/A State Environmental Quality Review Act (SEQRA) Determination: The project is a Type II Action pursuant to S.E.Q.R.A. ON MOTION by Board Member Hinman, seconded by Board Member Upson, carried: 6 Aye, 0 Nay, 1 Absent, 0 Abstained, the Board Approved the Special Use Permit subject to the following conditions: • No replacement hens for a five-year period. • Limited to three hens and no roosters. • Submission of veterinary health certificate annually. • Coop and run to be at least 4’ from property lines. • Subject to fence barrier dug 2’ underground to prevent animals from getting into or out of the coop except in area where the oak tree is located. • Town staff to conduct inspections of the premises on an annual basis or as needed without prior notice. • Subject to additional care in keeping a clean coop and food storage in a metal container in a shed or a garage • Food dispensed in a container and made available to be taken away when finished feeding. • Subject to using another method of feeding the hens by not throwing the feed onto the ground of the run. • Clean the coop and run every two weeks. Case No: ZB2021-06-8 Upon the matter of request by James Brasley, acting as agent for Leslie Andersen, for Area Variances, to demolish existing dwelling & construct a new single-family dwelling, with less than required rear & front setbacks and exceeding maximum permitted lot coverage, on premises 826 WASHINGTON AVENUE, in an R-2 Residential District. James Brasley, acting as agent for Leslie Andersen, H.O., Sworn In: • Representing Leslie Andersen. • Design a new home. • Existing home is in major disrepair. • Proposing to build a new 2-story home. • Looking for a front, rear setback and lot coverage area variances. PUBLIC INPUT: Angela Hall, 820 Washington Ave: • Spoke in favor of. • Live next door and have had nothing but problems with this house. • 100% for the rebuild of this house. • Hopefully the new house will be built sooner than later. Dan Driffill, 816 Washington Ave: • Spoke in favor of. • Live two doors down. • Everyone in the neighborhood would be excited to see something to happen. • Have a major rat problem at this property. • Ask that a condition be added to require this parcel get exterminated immediately. • In support of the variances. • Look forward to a new house being there. • Please ask them to do something with the rat problem immediately. PH Closed. Monroe County Department of Planning Referral: N/A State Environmental Quality Review Act (SEQRA) Determination: The project is a Type II Action pursuant to S.E.Q.R.A. ON MOTION by Board Member Hart, seconded by Board Member Trevas, carried: 6 Aye, 0 Nay, 1 Absent, 0 Abstained, the Board Approved the Area Variances as submitted. Case No: ZB2021-06-9 Upon the matter of request by Gary Vandewater, for Area Variances, to construct a detached garage, exceeding maximum square footage and height, on premises 3929 CULVER ROAD, in an R-1 Residential District. Gary Vandewater, H.O., Sworn In: • Looking to build a hobby garage in the back part of property. • About 1300 square feet. • Looking to install a lift in the garage. • Will house antique cars. • Need to remove four trees in order to build the garage. • Plan to use room above for storage and parts. PUBLIC INPUT: None / Public Input Closed Submitted signatures in favor of the application from: • 3943 Culver Road • 33 Tamarack Drive • 41 Tamarack Drive • 49 Tamarack Drive • 57 Tamarack Drive Monroe County Department of Planning Referral: N/A State Environmental Quality Review Act (SEQRA) Determination: The project is a Type II Action pursuant to S.E.Q.R.A. ON MOTION by Board Member Hinman, seconded by Board Member Elliott, carried: 6 Aye, 0 Nay, 1 Absent 0 Abstained, the Board Approved the Area Variances subject to the following conditions: • Subject to the garage cannot be used for the repair or maintenance of vehicles not used or owned by applicant or family. • Subject to the loft area used for storage only. Director Ivers will be reviewing the application and site to acknowledge obtaining Planning Board EPOD approval, if needed. APPROVAL OF MINUTES: ON MOTION by Board Member Hinman, seconded by Board Member Upson, carried: 5 Aye, 0 Nay, 1 Absent, 1 Abstained, the MAY 3, 2021, Zoning Board of Appeals Minutes were APPROVED. There being no further business to come before the Board, ON MOTION by Hinman, seconded by Board Member Intini and carried: 6 Aye, 0 Nay, 1 Absent, 0 Abstained, the meeting was adjourned at 10:14p.m. Michelle Nichols Recording Secretary