TOWN OF PITTSFORD
ZONING BOARD OF ADJUSTMENT
PUBLIC HEARING MINUTES for August 7, 2017
Zoning Board of Adjustment Members Present – Stanley Markowski – Chairman, Rick Conway – Vice Chairman, Ed Keith, Jr., Clarence Greeno, Jack Orvis, and Nicholas Michael. ABSENT: Dan Adams.
Others Present – Robb Spensley, Evan Chadwick, 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 N. Michael to adopt the agenda as presented. Motion passed unanimously 6 – 0.
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); Robb Spensley (Attorney – 201 Furnace Road – Pittsford) and Evan Chadwick (owner – Chadwick Law – 60 Willow Street – Brattleboro, VT). There were no conflicts of interest noted.
S. Markowski stated that the hearing was to hear an amendment to an existing permit.
Mr. Spensley stated that the ADA parking is the issue and they prefer to keep the green space in the rear of the property as a green space so the tenants will have an outdoor recreation area and half of the carport has been removed, which will allow for 3 parking spaces and the proposal is to install an ADA parking space along the large shoulder that runs parallel to Route 7 as the current ramp runs to this area. Mr. Spensley stated that he has spoken with VTRANS regarding the Right of Way along Route 7 and there was an agreement to allow the application. Mr. Spensley stated that most of the clients park in front of the building and rarely use the rear lot. The southerly concrete “slab” roof has been removed for easier access.
One proposal is to have the ADA space in front of the concrete slab, however, this would violate the setback regulations. J. Biasuzzi inquired if it was possible to widen the driveway for the installation of the ADA space as the Zoning Ordinance requires 4 parking spaces, however, one of the spaces can be the ADA space.
C. Greeno inquired if there was a preference as to where the space was located. Mr. Spensley stated that it would be more convenient to have the space along Route 7 as the ramp is right there.
J. Biasuzzi stated that the Zoning Regulations require off-street parking, however, the State may change their mind with regard to the agreement of the proposed space.
R. Conway stated that Plan ‘B’ was good as the ADA space can not be dedicated to the business solely. J. Biasuzzi stated that there is no particular regulation regarding parking, however, ADA parking is usually based on landscaping and not structure based. Mr. Spensley stated that either option works, however, they would like to maintain the green space in the rear of the structure to allow for outdoor activities for the potential tenants of the attached apartment.
R. Conway inquired why the parking plan that was proposed in the original permit is being changed as there is concern of future parking in the Right of Way. Mr. Spensley stated that they were aware of the parking concerns, however, the remodeling of the structure has cost more money than anticipated due to the rotten sections of the house and the replacement of a boiler and the original plan of parking along the fence line would be very costly. Mr. Chadwick stated that the traffic flow is less than anticipated originally and people are currently parking along the Right of Way.
R. Conway inquired the Right of Way for the area. Mr. Spensley stated that there is 100’ along Route 7, which is marked by a post along Route 7, however, there is no other known marking for the Right of Way. Mr. Spensley stated that the covered steps are at 20’ Right of Way and the ramp is closer than the steps. J. Biasuzzi stated that the ramp is exempt from Zoning Regulations. R. Conway inquired if the State Right of Way was confirmed. Mr. Spensley stated that this was confirmed when the business sign was constructed.
S. Markowski stated that parking was not a structure and that Plan ‘B’ is a better configuration with the parking space parallel to Route 7. J. Biasuzzi stated that the stairs at the patio level step into the driveway along the south side of the driveway.
Mr. Chadwick inquired if there was an issue with the covered steps as they are within the setback, however, encroaches on a setback. Mr. Chadwick stated that there was no permit obtained for the roof and was 20’ from the Right of Way and not the 25’ s stated in the Zoning Regulations. R. Conway stated that this would require a variance. J. Biasuzzi stated that the steps are an issue as they are enclosed, therefore classifying this as a small porch and there is an encroachment.
R. Conway inquired if there was a roof over the entryway. Mr. Spensley explained that there was a roof over the center to eliminate leaking from the granite steps.
S. Markowski inquired if this encroached closer to Route 7. Mr. Spensley stated that this does not encroach closer to Route 7. J. Biasuzzi stated that the last reappraisal showed no roof over the porch, nor does the Listers records and photos. J. Biasuzzi recommended bracing the roof to the building and removing the side braces.
Motion by R. Conway and seconded by C. Greeno to enter into Deliberative Session at 7:56 PM. Motion passed unanimously 6 – 0.
The Zoning Board of Adjustment exited Deliberative Session at 8:03 PM.
Motion by C. Greeno and seconded by R. Conway to accept the amendment and approve Plan ‘B’ as presented. Motion passed unanimously 6 – 0.
Motion by R. Conway and seconded by C. Greeno to adjourn at 8:04 PM. Motion passed unanimously 6 – 0.
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 2017, by:
Stanley Markowski, Chair