TOWN OF PITTSFORD
ZONING BOARD OF ADJUSTMENT
October 19, 2015
Zoning Board of Adjustment Members Present – Stanley Markowski – Chairman, Rick Conway – Vice Chairman, John Mitchell, and Jack Orvis. ABSENT: Clarence Greeno, Ed Keith, Jr., Sherry Reed.
Others Present – Donald Stagg, 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 R. Conway and seconded by J. Mitchell to adopt the agenda as presented.
S. Markowski stated that the meeting was properly warned in 3 public places, on the town website; and mailed to the abutting landowners via certified mail with return receipt.
S. Markowski swore in Jeff Biasuzzi (Zoning Administrator – Town of Pittsford); Donald Stagg (son of Charles and Beatrice Stagg).
S. Markowski stated that the hearing was to review an application by Charles and Beatrice Stagg of 460 Humphrey Road to construct a private Family Cemetery on their property.
Mr. Stagg stated that he has spoken with the abutting neighbors regarding the proposed project.
J. Biasuzzi stated that the project was a private cemetery, which has requirements and criteria. This criteria includes being constructed 100’ from a water well and 150’ from a stream or spring source. A family monument is allowed by state statute.
J. Biasuzzi stated that the state rules that need to be followed include: a doctor’s certificate of death; the death be recorded in the town records; obtain a transit permit; that the embalming fluid be non-toxic; and that the burial is 5 feet deep (or 3 ½ feet deep for an infant).
J. Orvis inquired how many were allowed to be buried in a private cemetery. J. Biasuzzi stated that there are no state rules for the maximum number that can be buried.
The Secretary of State’s office has a helpful and informational publication entitled “Digging Deep” that is helpful and J. Biasuzzi has copies for review.
Mrs. Stagg has discussed with J. Biasuzzi that this cemetery is to be used exclusively for family members. The town will have no obligation for maintenance. The easements must be recorded in the town land records and the size of the of the proposed project is 50’ X 200”. Mr. Stagg stated that there are no current plans to construct an above ground mausoleum.
R. Conway inquired if a fence would be installed. Mr. Stagg stated that there would be a fence constructed and that the project borders the road and the Doug Hard property.
S. Markowski inquired if the land involved would remain in the family in the event of ownership changes. Mr. Stagg stated that there is a large family to maintain the quarter acre.
R. Conway inquired if this was a subdivision project. J. Biasuzzi stated that this was a rural use, which would require 2 acres minimum. R. Conway inquired if the setbacks were met. Mr. Stagg stated that the project would abut the Doug Hard property; there is a 50’ setback to Humphrey Road; there is 300’ from the nearest stream and 250’ from the nearest power line.
R. Conway inquired if the monument was back far enough. D. Stagg stated that the monument would be at least 100’ from the road.
J. Biasuzzi stated that there was no provision for this particular station stated in the Zoning Regulations and there are no Subdivision Regulations in town.
S. Markowski stated that the setbacks were met. J. Mitchell stated that there was a minimum 40’ setback from the road for monuments, however, inquired where the burial plots were located. Mr. Stagg stated that the plots would be at least 40’ setback.
R. Conway inquired the acreage involved. Mr. Stagg stated that the property has the Humphrey Road to the north and there is 50 acres (plus or minus).
R. Conway inquired if Mr. Hard was in agreement of the project. Mr. Stagg stated that he has spoken with Mr. Hard several times and Mr. Hard agrees to the project.
S. Markowski read the conditional use criteria. Mr. Stagg stated that there was no infrastructure that would be involved; the only infrastructure is an overhead utility, which Mr. Stagg agreed; the characteristics of the area would not be effected, which Mr. Stagg stated the property is in the Rural District and is forest and pasture. A map was submitted for review and discussion; the Humphrey Road is a dead end road and the Hard’s have a hunting camp and a couple of residences on the road. Mr. Stagg stated that there is very little haying on the fields and the traffic is very light on the road; the ordinances in effect would be met. J. Biasuzzi stated that there were no specific ordinances that address this type of project, however, the state ordinances are more specific with the state defining the cemetery as requiring a 5’ deep burial and the distances between water sources. Mr. Stagg stated that the distance between the water sources is nearly double the minimum requirement.
R. Conway stated that the State regulations must be met. Mr. Stagg stated that his Mom has been doing research and has spoken with the Funeral Directors regarding this project.
S. Markowski inquired how many people would be buried at this location. Mr. Stagg stated that he believes that 2 would be buried there, his Mom and Dad.
J. Biasuzzi stated that following State ordinance compliance, a driveway access permit will need to be obtained from the Select Board and the State requires that the cemetery be recorded, however, the graves do not need to be marked.
Motion by R. Conway and seconded by J. Mitchell to accept the application as presented by Charles and Beatrice Stagg with the conditions that the plots be outside of the town right of way; compliance with state regulations with regard to the burial plots.
Motion by J. Mitchell and seconded by J. Orvis to adjourn at 7:54 PM. Motion passed unanimously.
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 November, 2015, by:
Stanley Markowski, Chair