TOWN OF PITTSFORD
ZONING BOARD OF ADJUSTMENT
Minutes of the Public Hearing of August 15, 2016
( ZA SUGGESTED CORRECTIONS, REVISIONS, AND ADDITIONS, 8/24/16)
Zoning Board of Adjustment Members Present – Stanley Markowski – Chairman, Ed Keith, Jr., Dan Adams, Clarence Greeno, and Jack Orvis. ABSENT: Rick Conway – Vice Chairman, Sherry Reed.
Others Present – Sean Kennedy, Stephanie Kennedy, Bill Gallus, Jake Gallus, Christie Wright, Lisa Garcia, Jeff Biasuzzi – Zoning Administrator, and Kelly Giard – Recording Secretary.
S. Markowski, Chairman, called the Zoning Board of Adjustment to order at 7:00 PM. S. Markowski introduced the members of the Zoning Board of Adjustment.
Motion by C. Greeno and seconded by D. Adams to adopt the agenda as presented.
S. Markowski stated that the meeting was properly warned in 3 public places, on the town website; advertised in the Rutland Herald, and mailed to the abutting landowners via certified mail with return receipt.
S. Markowski swore in Jeff Biasuzzi (Zoning Administrator – Town of Pittsford); Sean Kennedy, Stephanie Kennedy, Bill Gallus, Jake Gallus, Christie Wright and Lisa Garcia.
S. Markowski stated that the hearing was to hear an appeal presented by Mr. Bill Gallus, which was dated July 22, 2016 with regard to a permit that was issued by the Zoning Administrator for a 2 story colonial home totaling 2100 square feet, 4 bedroom home with an access driveway off of Allen Mills Road.
S. Markowski inquired the status of the application, which J. Biasuzzi stated the application was in compliance, therefore, was approved.
Mr. Bill Gallus stated that he asked for a complete site plan for the project, which J. Biasuzzi presented. Mr. Gallus stated that his name was not included as being an adjoining land owner.
Mr. Gallus stated that the existing site plan does not include drainage on Whipple Hollow Road, which is 225’ from the existing telephone pole. Mr. Gallus thought the footprint was for a 1080 square foot home, and based on an average of 3.77’ of rain per year totals 27,222 gallons of displaced water. Mr. Gallus continued by stating that a 140’ x 14’ driveway would displace 49,406 gallons of water totaling 76,629 gallons of displaced
water per year. Mr. Gallus stated that there was a 30’ drop in elevation to the leachfield and a 130’ run. The drainage would be draining into Mr. Gallus’ field, as well as his neighbors field. D. Adams inquired if the property was on the east side of the Whipple Hollow Road, which Mr. Gallus stated it was. Mr. Gallus stated that he asked for a Stormwater Study and Plan, which was not received and that the site plan did not show a patio, deck, utilities, footprint, utility poles, propane tank, nor was there any indication of whether fill would be required to be removed or added.
Mr. Gallus stated that section 118 1118 states that less than 30 yards of fill could be disturbed and this can not be monitored without a complete site plan.
Mr. Bill Gallus stated that “wastewater” is mentioned 3 times within the ordinance. Mr. Gallus stated that the ordinance states that the wastewater must meet town and state standards with no adverse effect on neighboring property. Mr. Gallus stated that he has spoken with his neighbor who also spoke with the Zoning Administrator who advised that the water could not run into the street. Mr. Gallus stated that the copies that were submitted with the site plan were not complete, there were no measurements on the house.
S. Markowski inquired the formula for calculating the water displacement. Mr. Bill Gallus explained that the calculations were based on the house and driveway. Mr. Gallus explained that the calculations are based on the average amount of yearly rainfall multiplied by the square footage gives the cubic feet of rain. S. Markowski inquired if this was for a 12 month period and how melting snow was factored in. Mr. Gallus stated that he googled the average rainfall. S. Markowski inquired where the Gallus property was located in relation to the proposed structure. Mr. Gallus stated that his property is across the road – the house north of Allen Mills Road.
S. Markowski inquired if there was current erosion on the property. Mr. Bill Gallus stated that there are 2 culverts to the field – 1 on the south corner of the property into the neighbors pond. Mr. Gallus explained the property.
Mr. Kennedy stated that he has spoken with his engineer, who stated that the water run off is based in percentage and not gallons and there is a 1 – 2% difference as calculated by the engineer. The Zoning Board members stated that they would accept a letter of explanation from the engineer.
Mr. Gallus stated that he is looking for protection for his property.
D. Adams inquired if a single family structure required a site plan review. J. Biasuzzi stated that the Zoning Administrator has the authority to issue the permit per Pittsford’s Zoning Ordinance, and the storm water does not apply to this Single Family Home application as stated in Chapter 18 of the Zoning Regulations. J. Biasuzzi stated that the storm water is not a permitted permitting requirement.
Mr. Jake Gallus stated that no grading plan was presented to calculate water displacement. S. Markowski stated that the house and driveway were permitted. Mr. Jake Gallus stated that there has been no grading plan stated.
D. Adams inquired if the Zoning Regulations state authority to require a stormwater discharge study. J. Biasuzzi stated that there is nothing stated in Pittsford Zoning Regulations to his knowledge.
Lisa Garcia stated that she owns the property around the Kennedy property and that there was a subdivision hearing in October, which Mr. Gallus asked for information. Ms. Garcia stated that Mr. Gallus’ property is located in a flood plain. Mr. Gallus stated that there had been trees dropped and excavation work done on the property prior to the completion of the permit. S. Markowski stated that the application process occurred properly and that the state does not require storm water studies.
Mr. Gallus stated that he had the option to take the situation to the Environmental Court and chose not to, he did speak with the Select Board and his request was denied.
J. Biasuzzi stated that Section 1001 clarifies that Section 1002 in of the Zoning Regulations does not apply in this case. D. Adams inquired if a site plan review was triggered. J. Biasuzzi stated not in this case. and Mr. Bill Gallus stated that the Planning Commission approved the Subdivision site plan permit(permit # 15-35) J. Biasuzzi stated that the this appeal was based on the decision of the Zoning Administrator to approve Permit #16-28.
J. Biasuzzi introduced into testimony portions of Chapter 18 of EPR’s Stormwater Management Rule, Subchapter 3, Section 302 which requires a one acre area of development for jurisdiction; and Section 304 which exempts a Single Family Residential application. Subchapter 2, Section 201(a) & paragraph 17; Definitions was also introduced into testimony. He stated the Kennedy project involved much less than one acre in area.
C. Greeno stated that Section 1001 states that the Zoning Administrator has the right to issue a permit and that no stormwater permit is necessary.
Motion by C. Greeno and seconded by D. Adams to enter Deliberative Session at 7:46 PM and to include the Zoning administrator and Recording Secretary. Motion passed Section 1001 states that the Zoning Admionistrator has the right to issue a permit and that no stormwater permit is necessary.
Motion by C. Greeno and seconded by D. Adams to enter into Deliberative Session at 7:46 PM and to include the Zoning Administrator and Recording Secretary. Motion passed unanimously 5 – 0.
The Zoning Board of Adjustment exited Deliberative Session at 7:56 PM.
Motion by C. Greeno and seconded by J. Orvis to uphold the Zoning Administrators decision. Motion passed unanimously 5 – 0.
The Zoning Administrator will forward a copy of the Findings of Fact within the allotted time.
All interested parties exited at 8:03 PM.
The Zoning Board of Adjustment discussed the possibility of reviewing an application proposed by the State Fire Academy, which was scheduled for September 14, 2016 at 7:00 PM.
Kelly Giard, Recording Secretary
Following the seven day comment & review period by ZBA Members, the Chairman is duly authorized to approve these Minutes on behalf of the Zoning Board of Adjustment;
Approved this __________ day of August 2016, by:
Stanley Markowski, Chair