TOWN OF FARMINGTON ZONING BOARD OF APPEALS MEETING MINUTES. Approved MINUTES

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1 TOWN OF FARMINGTON ZONING BOARD OF APPEALS MEETING MINUTES Approved MINUTES The following minutes are a written summary of the main points that were made and the actions taken at the Town of Farmington Zoning Board of Appeals meeting held on September 24, Zoning Board of Appeals Members Leslie O Malley Chair Present Gary Scribner Present Ann Vu Present Adrian Bellis Present Cyril Opett Present Town Staff Members Ron Brand Floyd Kofahl Director of Development Code Enforcement Officer Also Present Frank Lana Kevin Bragg Dr. Brian Mattiacio Walter Dzierzawski Bill & Judy Woodland 284 Ellsworth Rd Chrisanntha 1386 Hathaway Drive 5973 Calm Lake Drive 5961 Calm Lake Drive Open Meeting Leslie O Malley called the meeting to order at 7:00 pm. She explained the emergency evacuation procedures and rules of procedures of the meeting and stated that copies of the evening s agenda and legal notices were available on the table by the door. She then asked those present to sign in if they had not already done so. Approval of Minutes Cyril Opett made a motion to accept the July 23, 2012 meeting minutes and Adrian Bellis seconded the motion. A voice vote was taken and the motion was passed with four (4) s and Ann Vu abstained from the vote because she was not present at the July 23, 2012 meeting. BOARD BUSINESS: 1

2 Leslie O Malley stated that the Legal Notices were published in the town s official newspaper the Daily Messenger on Monday, September 17, 2012 for tonight s Public Hearings. The Board decided to open the public hearings on both ZB and ZB ZB Frank Lana Area Variance The applicant is requesting an area variance to the provisions of Chapter 165, Article V, Section 58. A. of the Farmington Town Code. The applicant wishes to construct an accessory structure, a detached garage/storage building, 30 feet by 50 feet (1,500 square feet in total area) to be located in the front yard portion of the lot. Accessory structures are to be located in the rear yard portion of the lot. The subject property is located at 284 Ellsworth Road and is zoned A-80 Agricultural District. ZB Frank Lana Area Variance The applicant is requesting an area variance to the provisions of Chapter 165, Article IV, Section 35 of the Farmington Town Code. The applicant wishes to construct an accessory structure, a detached garage/storage building, 30 feet by 50 feet (1,500 square feet in total area) to be located twenty-five (25) feet from the front property line. The town code requires a minimum front setback of sixty (60) feet. The subject property is located at 284 Ellsworth Road and is zoned A-80 Agricultural District. Leslie O Malley declared the Public Hearing open. Frank Lana, owner of the above property, stated that he is interested in putting up a storage building to put their cars in. He states that it will be a pole barn structure with the pitch of the roof matching the house. The proposed location of the structure is a flatter area of the property that is surrounded by mature trees. Leslie O Malley then asks for staff comments. Floyd Kofahl states that the uniqueness of this lot is that it s a flag lot. The driveway entrance is off of Ellsworth Road and makes a right hand turn up the hill to the house. Town Code states that where the entrance of the driveway is that portion of the parcel is your front lot line, so even though in this instance the house is facing south the actual front lot area of the parcel is facing to the east. The property was previously approved for a front setback area variance a few years ago for a smaller detached garage. Mr. Kofahl states that Mr. Lana is correct and that there is alot of vegetation on the property and you will be unable to see the proposed structure from the road. Mr. Kofahl states that while inspecting the property he has found that the length of the driveway does exceed the Town Code requirements and will require a pull off area be installed. He then asks the Board members to consider the installation of an emergency vehicle pull off to be a stipulation in granting the variance. 2

3 Ron Brand, Director of Development, informs the Board the he has drafted and posted on the town s website four Resolutions for them to review. Two of which are SEQR Resolutions-Type II Actions. Mr. Brand asks the Board members to consider each of the Area Variance Resolutions separately. Mr. Brand also states that if there is going to be electrical service in this facility that the fixtures that are to be installed are dark sky compliant meaning flood lights not causing glare or light trespassing onto adjacent properties. Leslie O Malley asks Mr. Brand what happens with the previous approved variance. Mr. Brand states that it stays with the property and that if in the future the property owner wants to install an additional structure he can based upon the previously approved area variance. Leslie O Malley then asks the Board members for questions or comments for the applicant. Gary Scribner asks where the closest neighbors are located to his property. Mr. Lana responds that the closest neighbors are to the east of his property about 600 feet off where the two lot lines meet. With no other comments from the Board Members, Leslie O Malley states this is the Public Hearings for these two requested area variances and asks if there is anyone from the public that would like to speak about these applications. No one responded. Gary Scribner made a motion to close the Public Hearings and was seconded by Ann Vu. In a voice vote the four board members voted and closed the Public Hearing. ZB Costich Engineering Area Variance The applicant is requesting an area variance to the provisions of Chapter 165, Article IV, Section 35 of the Farmington Town Code. The applicant wishes to construct an office building that will be located twenty-two and 1/10 th foot (22.1) from the front property line. The Town Code requires a minimum front setback of seventy-five (75) feet from the front property line. The subject property is located at the south east corner of the intersection of Perez Drive, State Route 332 and Hathaway Drive and is zoned GB General Business District. Leslie O Malley states that she is a neighbor of this application for the record and declares the Public Hearing open. Kevin Bragg with Chrisanntha Construction is present to speak on behalf of Dr. Brian Mattiacio and Costich Engineering for this application. Mr. Bragg states that two things have come up during the preliminary stages of the planning for this property. One was 3

4 the 100 foot setback with MTOD from Route 332 and 75 foot setback from Hathaway drive. With the suggestions from Ron Brand they opted to flip flop the parking situation to resolve that issue. In the meantime Costich Engineering found documentation that showed the NYS DOT taking an appropriation of the northeast corner of the lot and they may be asking for an additional area variance at a later date. Tonight however they are requesting an area variance of the required 75 foot front setback from Hathaway Drive. Leslie O Malley questions Mr. Bragg about the three trees that were planted by the town in the northeast portion of the lot, the front of the property, asking if they are located on state property. Mr. Bragg states that they are located on the state property. Leslie O Malley then asks for staff comments. Floyd Kofahl states that the front set back from Hathaway is the issue here. It is because of the uniqueness of this lot and that the driveway to the site is from along Hathaway Drive making this the front yard portion of the site. Leslie O Malley asks Ron Brand to give a brief explanation about the north corner of the lot. Mr. Brand states that the state had acquired the northeast corner of the lot during the design and construction of State Route 332. He has brought those findings to the applicants attention which results in the need for an additional area variance. If it is something that can be sold back to the developer then there will not be a need for an additional area variance for the setback dimension from along State Route 332 to the proposed structure. If the property cannot be sold to the applicant then he will recommend that they seek an easement from the State Department of Transportation to place the sign within the State owned property. He commends the applicant for working so closely with the staff and the Planning Board to resolve the issues that have come up because of this appropriation of land. Mr. Brand states that he supporting the granting of this area variance tonight and the one that the members will be hearing next month on the grounds of sound planning principles and for keeping the area as close to a neighborhood setting as possible. Leslie O Malley then asks for Board Member comments or questions. Cyril Opett states that he is very familiar with the plans for this property and he is satisfied at this point. Ann Vu questions the number of parking places that are planned vs. the number that are required by structure size. Floyd Kofahl states that there are only two banked parking spots and they will be showing all the spots required. 4

5 Leslie O Malley states it is a Public Hearing and asks if there is anyone from the public that would like to speak about this application. Mr. Dzierzawski of 5973 Calm Lake Drive asks from Perez Drive how far south the new property will extend and if all the trees and bushes will be removed. Mr. Bragg states that they are showing right now that many of the existing trees will still be there. Leslie O Malley states that Mr. Dzierzawski s concerns are things that the Planning Board will be addressing and encourages him to attend the Planning Board Meetings. Judy Woodland of 5961 Calm Lake Drive expresses her concern about the number of trees that will be removed and it bringing down the value of their homes. She is also concerned about the drainage on that property. Leslie O Malley also advises Ms. Woodland to attend the Planning Board Meeting. She explains that the drainage issue is something that is looked at by the Town Engineer. Mr. Bragg adds that as far as tree removal it will be minimal and they will also be adding more trees and landscaping. Mr. Dzierzawski asks if there is going to be some type of retaining wall to help cut down the noise from Route 332. Mr. Bragg states that there will be no retaining wall. Leslie O Malley then encourages the residents from Calm Lake Drive to attend the Planning Board Meetings to express their concerns towards this application. Mr. Kofahl explains that drainage for this application is an issue and it has been discussed at the Planning Board Meetings. Gary Scribner made a motion to close the Public Hearing and was seconded by Cyril Opett. In a voice vote the four board members voted and closed the Public Hearing. Area Variance and Findings ZB Frank Lana Leslie O Malley made a motion to waive the reading of the SEQR Type II Resolution and was seconded by Gary Scribner. All present voted. Ann Vu made a motion to accept the SEQR Resolution and was seconded by Adrian Bellis. All present voted. After discussion of the factors to be considered the Board felt that there would not be an undesirable change of the neighborhood or detriment to nearby properties, that the benefit sought can not be achieved by a feasible alternative, that the requested variance is 5

6 substantial, the affected variance would not have an impact upon physical or environmental conditions in the neighborhood, and the alleged difficulty was self created. After discussing the variance, the Board took formal action to accept the Area Variance Findings and made a Decision to approve with the following conditions: 1. The applicant is to apply for and obtain a Building Permit for the proposed accessory structure, an 1500 square foot building, that is to be located on the site within the area identified on the submitted sketches and not closer than twentyfive (25) feet to the front lot line. 2. Prior to issuing a Building Permit, the applicant is to design and construct on the property an emergency pull-off area that will be in accordance with the design specifications in Section D. of the Town of Farmington Site Design & Development Criteria Manual. The Code Enforcement Officer is to verify that said pull-off area has been constructed prior to the issuance of a Certificate of Compliance for the proposed accessory structure. The location and specifications of the pull-off area dimensions are to be retained on a sketch plan drawing that is made a part of the file for this property. 3. A condition of this area variance is that the siding for the proposed structure shall be made known to the Code Enforcement Officer prior to the issuance of any Building Permit and that said siding is to complement the siding on the existing principal structure. 4. A condition of this area variance is that the accessory structure may not be used as a dwelling unit. 5. A condition of this area variance is that any lighting that is to be associated with the proposed structure shall be compliant with the Town s Lighting Regulations in Chapter 165 of the Town Code. 6. A condition of this area variance is that all equipment and materials intended to be stored inside shall not be stored outside of these areas on the site. Adrian Bellis then made a motion to approve the application with the conditions and was seconded by Cyril Opett. The following roll call vote was recorded: Ann Vu Cyril Opett Adrian Bellis Gary Scribner Leslie O Malley Area Variance and Findings ZB Frank Lana 6

7 Leslie O Malley made a motion to waive the reading of the SEQR Type II Resolution and was seconded by Ann Vu. All present voted. Leslie O Malley made a motion to accept the SEQR Resolution and was seconded by Ann Vu. All present voted. After discussion of the factors to be considered the Board felt that there would not be an undesirable change of the neighborhood or detriment to nearby properties, that the benefit sought cannot be achieved by a feasible alternative, that the requested variance is substantial, the affected variance would not have an impact on physical or environmental conditions in the neighborhood, and the alleged difficulty was self-created. After discussing the variance, the Board took formal action to accept the Area Variance Findings and made a Decision to approve with the following conditions: 1. The applicant is to apply for and obtain a Building Permit for the proposed accessory structure, a 1500 square foot building, that is to be located on the site within the area identified on the submitted sketches and not closer than twentyfive (25) feet to the front lot line. 2. Prior to issuing a Building Permit, the applicant is to design and construct on the property an emergency pull-off area that will be in accordance with the design specifications in Section D. of the Town of Farmington Site Design & Development Criteria Manual. The Code Enforcement Officer is to verify that said pull-off area has been constructed prior to the issuance of a Certificate of Compliance for the proposed accessory structure. The location and specifications of the pull-off area dimensions are to be retained on a sketch plan drawing that is made a part of the file for this property. 3. A condition of this area variance is that the siding for the proposed structure shall be made known to the Code Enforcement Officer prior to the issuance of any Building Permit and that said siding is to complement the siding on the existing principal structure. 4. A condition of this area variance is that the accessory structure may not be used as a dwelling unit. 5. A condition of this area variance is that any lighting that is to be associated with the proposed structure shall be compliant with the Town s Lighting Regulations in Chapter 165 of the Town Code. 6. A condition of this area variance is that all equipment and materials intended to be stored inside shall not be stored outside of these areas on the site. Ann Vu then made a motion to approve the application with the conditions and was seconded by Cyril Opett. The following roll call vote was recorded: 7

8 Ann Vu Cyril Opett Adrian Bellis Gary Scribner Leslie O Malley Area Variance and Findings ZB Costich Engineering The SEQR Resolution was read as follows: Farmington Zoning Board of Appeals Resolution SEQR Resolution Unlisted Action File: ZB # Applicant: Costich Engineering, Area Variance, to construct a 4,000 square foot office building that will be located twenty-two and 1/10 th foot (22.1 ft.) from the front property line along Hathaway Drive. Whereas, the Town of Farmington Zoning Board of Appeals (hereinafter referred to as the Board) has determined the above referenced Action to be an Unlisted Action under Section ( c) (7) of the State Environmental Quality Review (SEQR) Regulations, in that it involves an Action for the construction of a primary non-residential structure containing 4,000 square feet of gross floor area. Whereas, the Board has conducted a public hearing on said action and has given consideration to the comments provided at said public hearing; and Whereas, the Board has given consideration to the criteria for determining significance as set forth in Section (c) (7) of the SEQR Regulations and the information contained in Parts I and II of the Short Environmental Assessment Form. Now, therefore, be it resolved that the Board has reasonably concluded the following impacts are expected to result from the proposed Action, when compared against the criteria in Section ( c ): (i) there will not be a substantial adverse change in existing air quality, ground or surface water quality or quantity, traffic noise levels; a substantial increase in solid waste production; a substantial increase in potential for erosion, flooding, leaching or drainage problems; (ii) there will not be large quantities of vegetation or fauna removed from the site or destroyed as the result of the proposed action; there will not be substantial interference with the movement of any resident or migratory fish or wildlife species as the result of the proposed action; there will not be a significant impact upon habitat areas on the site; there are no known threatened or 8

9 endangered species of animal or plant, or the habitat of such species; or, are there any other significant adverse impacts to natural resources on the site; (iii) (iv) (v) (vi) (vii) (viii) (ix) (x) (xi) (xii) there are no known Critical Environmental Area(s) on the site which will be impaired as the result of the proposed action; the overall density of the site is consistent with the Town s Comprehensive Plan land use recommendations; there are no known important historical, archeological, architectural, or aesthetic resources on the site, or will the proposed action impair the existing community or neighborhood character; there will not be a major change in the use of either the quantity or type of energy resulting from the proposed action; there will not be any hazard created to human health; there will not be a substantial change in the use, or intensity of use, of land including agricultural, open space or recreational resources, or in its capacity to support existing uses; there will not be a large number of persons attracted to the site for more than a few days when compared to the number of persons who would come to such a place absent the action; there will not be created a material demand for other actions that would result in one of the above consequences; there will not be changes in two or more of the elements of the environment that when considered together result in a substantial adverse impact; and there are not two or more related actions which would have a significant impact on the environment. Be it further resolved that based upon the information and analysis above and the supporting documentation referenced above, the proposed action WILL NOT result in any significant adverse environmental impacts. Be it finally resolved that the Board does hereby make a Determination of Non- Significance upon said Action and directs the Board Chairman to sign and date Part II of the Short Environmental Assessment Form and to file copies thereof as provided for under the SEQR Regulations. Leslie O Malley made a motion to accept the SEQR Resolution and was seconded by Cyril Opett. All present voted. 9

10 After discussion of the factors to be considered the Board felt that there would not be an undesirable change of the neighborhood or detriment to nearby properties, that the benefit sought cannot be achieved by a feasible alternative, that the requested variance is substantial, the affected variance would not have an impact on physical or environmental conditions in the neighborhood, and the alleged difficulty was not self-created. After discussing the variance, the Board took formal action to accept the Area Variance Findings and made a Decision to approve with the following conditions: 1. The applicant is to apply for and obtain a Building Permit for the proposed 4000 square foot medical office building and related site development with the front setback of the structure not closer than twenty-two and 1/10 th (22.1) feet to the front lot line along Hathaway Drive. 2. Prior to issuing a Building Permit, the applicant is to make application for a second area variance, a front setback variance from State Route 332, to allow development of this site in the manner set forth on the revised Site Plan drawing dated 9/07/ Prior to issuing a Building Permit, the applicant is to obtain Final Site Plan approval from the Town of Farmington Planning Board. 4. A condition of this area variance is that any lighting that is to be associated with the proposed structure shall be compliant with the Town s Lighting Regulations in Chapter 165 of the Town Code. Adrian Bellis then made a motion to approve the application with the conditions and was seconded by Ann Vu. The following roll call vote was recorded: Ann Vu Cyril Opett Adrian Bellis Gary Scribner Leslie O Malley Public Comments open forum None Other Board Matters: None Director of Development Update: 10

11 Mr. Brand read an article in the Rochester Business Journal about a new bank coming to the Town of Farmington. The site that was identified was on the north side of Route 96 between the Griffith Building and LA Johnson Kitchen Facility. Leslie O Malley asked about another senior living facility that was rumored to be constructed near Farmington Gardens. Mr. Brand states that part of the incentive zoning plan for the Mercier Property did include plans for single family housing. Mr. Kofahl adds that at the previous Town Board Meeting they discussed two subdivisions that are in the planning stages one located on the corner of New Michigan Rd and Townline Road was discussed very heavily. Leslie O Malley also wanted to commend Supervisor Fafinski for his concern for a home that is able to be entered by someone who doesn t have to step over a door sill. Code Enforcement Officer Update: Mr. Kofahl states that Family Dollar had been in contact with the Town Engineer and will be coming back for site plan approval. DiPacific s restaurant is slowly coming down. The Dari-Ann sign will be given to the Town Historical Society. CVS will be opening May/June 2013 Next Meeting: The next Zoning Board of Appeals meeting will be held on October 22, Ann Vu made a motion to adjourn the meeting at 8:14 pm. and Adrian Bellis seconded the motion. The motion was passed with a voice vote of five (5) s. Minutes were respectfully submitted by Sarah Mitchell, Clerk of the Board. 11