A Regular Meeting of the Zoning Board of Appeals was held on Thursday, August 23, 2007 at the Mendon Town Hall, 16 West Main Street, Honeoye Falls, NY, 14472 at 7:30 p.m.

PRESENT: 	Kevin Wright - Chair
			Don Thorp 
			Don Irvine 
			Bruce Peckham
			Liz Sciortino

OTHERS:	8

Minutes were taken by Lea Walsh.

Mr. Wright called the meeting to order at 7:30 p.m.
  
WALSH AREA VARIANCE PUBLIC HEARING 
John Walsh, 244 Mendon Center Road, Honeoye Falls, NY, came before the Board for an area variance at said property, consisting of 2.6 acres, bearing Tax Account No. 215.01-1-43, located in an RA-1 zone, to construct a second accessory structure, measuring 24’x 40’, when the existing accessory structure already exceeds the 1% lot coverage allowed by Town Code.
Mr. Wright stated that the affidavit of the posting of the sign was in the file and waived the reading of the public notice.
Mr. Wright asked if the Board members had seen the property.  All members stated that they had.
Mr. Walsh stated that he is asking for a zoning variance so that he can put up a pole barn for storage of motor vehicles that he owns.  He said that this is not for business purposes and that all of the vehicles are for recreational use.  Mr. Walsh stated that in 1991 he built a garage and workshop on the property and that ate up the allowable space for an accessory building.  Mr. Walsh stated that he chose the location based on the topography of the lot which is about 150 feet off of Mendon Center Road on the west side of the property.  Mr. Walsh stated that this is as far back as he can go as farther back is a steep slope and a muddy area to the west.  Mr. Walsh stated that he had discussed the project with Charlie Clarke, his nearest neighbor, and Mr. Clarke didn’t have any objections to the building.
Mr. Wright thanked Mr. Walsh for providing aerial photographs of the land.
A discussion followed regarding the shape of the lot and the fact that his is not only a ZBA issue but also a PB issue as the garage will be in front of the house.
A discussion followed concerning the garage and the fact that Mr. Walsh had demolished the old garage when he moved there and built the new garage then.  Mr. Walsh was asked if the garage had an apartment in it and he stated that it was built using attic trusses in order to get more storage and that the upstairs was unfinished.  Mr. Walsh stated that he believed the house was built in 1968.
Mr. Wright asked if there were any conservation easements on the property and Mr. Walsh stated that he was not aware of any.
Mr. Wright said that he noticed trees with red marks on them.  Mr. Walsh said that those trees had to come down as they were in bad shape.
A discussion followed concerning the use, size, and finish of the new building and whether or not it will be large enough to house all of the vehicles and the trailer.  Mr. Walsh stated that it would be large enough to, at least, put the trailer and two trucks inside, and that another open trailer would go behind it.  Mr. Walsh stated that the opening of the building would be toward Mendon Center Road.
Mr. Wright asked if there has been any site engineering done to see where the water from the roof of the new structure will run.  Mr. Walsh stated that he intends to gutter it and that the water will run to the rear part of his lot.
A discussion then followed concerning garages and whether or not they count as accessory structures.  The question was raised concerning whether or not Mr. Walsh actually did need a variance at all if the present garage was not counted as an accessory structure. It was agreed that more information was needed before a decision could be made.  It was also agreed that the Board needed input from ZBA attorney Doug Jones on the need for a variance.
Mr. Wright asked if there were any more questions from the Board and there were not.  
Mr. Wright asked if anyone in the public wanted to talk.
Mr. Charles Clarke, of 242 Mendon Center Road, stated that he was at the meeting in order to support the application for a variance.  Mr. Clarke is Mr. Walsh’s nearest neighbor to the west.
Mr. Paul Dulieu, of 251 Mendon Center Road, stated that he was at the meeting in order to support the application for a variance.  Mr. Dulieu is a neighbor who lives across the street from Mr. Walsh on the north side.
Mr. Wright asked if this benefit could be achieved by any other means.  Mr. Walsh said no.
Mr. Wright asked if this would result in an undesirable change in the neighborhood.  Mr. Walsh said no.
Mr. Wright asked if the request was substantial.  Mr. Walsh stated yes.
Mr. Wright asked if there would be any adverse physical or environmental effects.  Mr. Walsh said no.
Mr. Wright asked if this was a self-created difficulty.  Mr. Walsh said yes.
MOTION
Mr. Irvine, seconded by Ms. Sciortino, made a motion to continue the Public Hearing at the September 13, 2007 meeting.
ADOPTED
Mr. Thorp-aye, Mr. Irvine-aye, Mr. Peckham-aye, Mr. Wright – aye; Ms. Sciortino – aye.

CHARBONEAU AREA VARIANCE PUBLIC HEARING
Robert Charboneau, 7058 Rush Lima Road, Honeoye Falls, NY, came before the Board for an area variance at said property, consisting of 1.73 acres, bearing Tax Account No. 221.03-2-32, located in an RS-30,000 zone, to demolish an existing accessory structure, and construct a new accessory structure, measuring 30’x 30’, which will exceed the 1% lot coverage allowed by Town Code.
Mr. Wright stated that the affidavit of the posting of the sign was in the file and waived the reading of the public notice.
Mr. Wright asked if the Board members had seen the property.  All members stated that they had.
Mr. Charboneau stated that his purpose for being before the Board was that he wanted to put up a new garage/workshop in the spring and after it is up he will take down the old building.  Mr. Charboneau stated that he had spoken to Mr. Joe Tiberio who said that he can use the pieces from the old barn.  Mr. Charboneau stated that he is allowed approximately 766 sq. ft. where his new footprint is 900 sq. ft.   Mr. Charboneau stated that the old building has been there for 100 years and it is becoming quite dangerous, in his opinion.  Mr. Charboneau stated that the barn tips about 11 inches.  Mr. Charboneau stated that new neighbors had moved in near him and that he is afraid that their children might get hurt if they try to go in that barn.  Mr. Charboneau stated that the new building will have two floors and that he intends to park one car in the garage area and would like to put a workshop on the concrete floor of the first floor.
Mr. Wright stated that it appeared that Mr. Charboneau had a similar situation as the previous applicant, Mr. Walsh. Mr. Charboneau stated that the difference is that the old barn will come down after the new barn is built and so there will be two structures up at the same time for a short time.
A discussion followed on whether or not garages are considered accessory structures and whether or not tearing down the old structure could be put in as one of the conditions of the variance.  
Mr. Wright asked if there were any other questions from the Board and there were none. 
Mr. Wright asked if anyone in the audience had any comments.  Mr. Edward Walsh, 150 Smith Road, stated that in the old code book, which he was looking at while the discussion was going on, stated that a garage is an accessory building.  Mr. Walsh stated that he did not believe this was changed in the current code.
A discussion followed concerning the new town code and whether or not a garage is an accessory structure because if the garage is attached to the house it is allowed and therefore everyone should be allowed to have a garage.
Mr. Wright asked if this benefit could be achieved by any other means.  Mr. Charboneau  said no.
Mr. Wright asked if this would result in an undesirable change in the neighborhood.  Mr. Charboneau said no.
Mr. Wright asked if the request was substantial.  Mr. Charboneau stated no.
Mr. Wright asked if there would be any adverse physical or environmental effects.  Mr. Charboneau said no.
Mr. Wright asked if this was a self-created difficulty.  Mr. Charboneau said no.
MOTION
Ms. Sciortino, seconded by Mr. Irvine, made a motion to close the Public Hearing.
ADOPTED
Mr. Thorp-aye, Mr. Irvine-aye, Mr. Peckham-aye, Mr. Wright – aye; Ms. Sciortino – aye.

ORSINI AREA VARIANCE PUBLIC HEARING
John and Gae Orsini, 39 Mill Road, Mendon, NY, came before the Board for an area variance at said property, consisting of 0.56 acres, bearing Tax Account No. 216.08-1-44, located in an RS-30,000 zone, to construct an inground pool with proposed rear and side setbacks of approximately 5 feet, whereas Town Code requires a 15 foot side setback and a 20 foot rear setback.
Mr. Wright stated that the affidavit of the posting of the sign was in the file and waived the reading of the public notice.
Mr. Wright asked if the Board members had seen the property.  All members stated that they had.
Mr. Orsini stated that they want to build a swimming pool in their back yard and that they have placed it in the only area that they can as there is a septic system that is in the way.  He needs variances for both the side and the rear setback.
Mr. Wright stated that there is some confusion about the Orsini’s maps and lot lines.
A discussion followed concerning the three surveys and the fact that the lot lines were not the same on them. The Board explained that the Orsini’s need to know exactly where their property lines are so that a mistake is not made that will cost them money to repair in the future.  The Board agreed that the ZBA attorney would have to look at the survey.
A discussion followed concerning the east property line along the west side of the shed which they have been able to use for many years, but which they do not own.  The land is owned by Mr. Louie Sinisgalli who is unable, at the present time, to sell it to them.  There is also a flood plain on the land.
Mr. Wright stated that there are multiple maps and they don’t know exactly where the lines are.  Mr. Thorp stated that the most recent survey is a stamped and signed survey and wondered why the Board should not believe it.
A discussion followed concerning the property lines and the fact that the house has been enlarged and the fear the Board has of giving a variance that will cause the Orsini’s to build on their neighbor’s land. The Board stated that it would like to see the ZBA attorney take a look at the surveys.
Mr. Peckham stated that he thought the Board could grant the variance on the side and the back and that Mr. Voorhees would have to decide on the distance from the house.  Mr. Peckham suggested that the old maps be removed from the file and that the Board base their decision on the newest survey, if the ZBA attorney also agrees to that.
Mr. Wright asked if there were any other questions from the Board and there were none.
Mr. Wright asked if there were any questions from the audience and there were none.
Mr. Wright asked if this benefit could be achieved by any other means.  Mr. Orsini said no.
Mr. Wright asked if this would result in an undesirable change in the neighborhood.  Mr. Orsini said no.
Mr. Wright asked if the request was substantial.  Mr. Orsini stated no.
Mr. Wright asked if there would be any adverse physical or environmental effects.  Mr. Orsini said no.
Mr. Wright asked if this was a self-created difficulty.  Mr. Orsini said yes.
MOTION
Mr. Irvine, seconded by Mr. Thorp, made a motion to close the Public Hearing.
ADOPTED
Mr. Thorp-aye, Mr. Irvine-aye, Mr. Peckham-aye, Mr. Wright – aye; Ms. Sciortino – aye.

Approval of minutes of June 14, 2007 meeting.
MOTION
Mr. Wright, seconded by Ms. Sciortino, made a motion to accept the minutes as amended.
ADOPTED
Mr. Thorp-aye, Mr. Irvine-abstained, Mr. Peckham-aye, Mr. Wright – aye; Ms. Sciortino – aye.
Discussion
A discussion followed on the Walsh variance and the technical problems that it presented.
Mr. Wright stated that Mr. Peckham would write the decisions for the Walsh and the Charboneau determinations.
Mr. Wright stated that Mr. Irvine would write the Orsini determination.
Mr. Wright stated that the next meeting will be on September 13, 2007. 

MOTION
Mr. Irvine moved, seconded by Ms. Sciortino, to adjourn the meeting at 9:05 p.m.
ADOPTED
Mr. Thorp-aye, Mr. Irvine-aye, Mr. Peckham-aye, Mr. Wright – aye; Ms. Sciortino – aye.