A Regular Meeting of the Zoning Board of Appeals was held on Thursday, February 25, 2010 at the Mendon Town Hall, 16 West Main Street, Honeoye Falls, NY, 14472 at 7:30 p.m.

PRESENT: 	Don Irvine – Acting Chair
			Don Thorp  
			Bruce Peckham
			Liz Sciortino

ABSENT:	Kevin Wright  

ATTORNEY:	Doug Jones 
	
OTHERS: 	Edward Walsh (Chair of the PB), approximately 4 others

Minutes were taken by Lea Walsh.

Mr. Irvine called the meeting to order at 7:28 p.m.

ROGERS AREA VARIANCE PUBLIC HEARING
Michael Rogers, 1732 W. Bloomfield Road, Honeoye Falls, NY, and Gian-Paul Piane appeared before the Board for an area variance at said address to construct an accessory building measuring approximately 1,476 square feet, which, when added to an existing accessory structure, exceeds the 1% lot coverage allowed by the Town Code.  Tax Account No. 230.03-1-2.2, consisting of 5.46 acres and located in an RA-5 zone.

Mr. Irvine stated that the affidavit of the posting of the sign was in the file, and waived the reading of the public notice because it had been published in the Sentinel.  Mr. Irvine asked if everyone had seen the property.  The Board responded that they had.
Mr. Rogers stated that he wanted to add a storage building next to his existing art studio.  Mr. Rogers stated that the garage presently is used for storage, but they would like to be able to put their cars there instead.
Mr. Rogers stated that he would like to have the proposed studio for his artwork and also for storing materials for the studio, lawn equipment, and storage items from the house.
Mr. Piane stated that he was the architect for the proposed structure.  Mr. Piane stated that he had composed the building in the flavor of the rest of the buildings on the site, and that he had positioned it in a way to make good use of it.  
Mr. Peckham stated that the map he was given showed no dimensions.  Mr. Piane showed the Board a different drawing that contained the needed dimensions.  Mr. Piane stated that the building would be 36’x 41’.  Mr. Piane stated that the 41’ included the overhang.
Mr. Peckham asked the dimensions of the studio.  Mr. Piane stated that it was approximately 2400 sq. ft.
Mr. Irvine asked if the building was a two-story building.  Mr. Piane responded that it was.  Mr. Piane stated that the existing garage has a library/drawing room upstairs.
Mr. Irvine asked whether the proposed building was a work or a show studio.  Mr. Rogers responded that it was his private work studio.
Mr. Irvine asked why other places on the property wouldn’t work.  A discussion followed on the proximity of the buildings, having to cut down trees, and putting in a new road.  Mr. Jones stated that the siting issue was not before the Board and that the Board should be concerned with the lot coverage issue.
Mr. Piane stated that he had put two double doors in the proposed building so that when they were opened they would accommodate the width of a tractor.
Mr. Irvine asked why there was a second story in the proposed building.  Mr. Piane responded that the second story is on only half of the building and will be used as open storage.
Mr. Piane stated that the proposed building would have heat and power.  Ms. Sciortino asked if it would have water.  Mr. Piane responded that it would not.
Mr. Irvine asked if the proposed building would have exterior lighting.  Mr. Piane responded that they might put in lights with motion detectors.
Mr. Irvine asked when the studio was built.  Mr. Rogers responded that it was built four or five years ago.
A discussion followed on setback and it was agreed that the proposed building met code.
Mr. Irvine asked how they would handle water run-off.  Mr. Piane responded that they would grade around the proposed building, and that they had gutters which would discharge to a controlled point.
Mr. Irvine asked why they needed to heat the proposed building.  Mr. Rogers responded that he works with glass for museums and homes, and if there are swings in temperature the glass can crack.  Mr. Rogers stated that plaster also needs to be kept dry.  Mr. Rogers stated that he sometimes laminates his pieces and that they can pop apart if kept in unheated areas.
Mr. Rogers stated that the lines on the end of the proposed building had been put there to enable them to slip glass in.  Ms. Sciortino asked if they would be using decorative glass panels and Mr. Rogers responded that they would.
Mr. Irvine asked if there were any questions from the public.  There were none.
Mr. Irvine asked if this would result in an undesirable change to the neighborhood.  Mr. Rogers said no.
Mr. Irvine asked if the request was substantial.  Mr. Rogers responded yes.
Mr. Irvine asked if there would be any adverse physical or environmental effects.  Mr. Rogers responded no.
Mr. Irvine asked if this benefit could be achieved by any other means.  Mr. Rogers said no.
Mr. Irvine asked if this was a self-created difficulty.  Mr. Rogers responded yes.
MOTION
Mr. Peckham moved, seconded by Ms. Sciortino, to close the Rogers Area Variance Public Hearing.
ADOPTED
Mr. Irvine-aye, Mr. Thorp-aye, Mr. Peckham-aye, Ms. Sciortino-aye.

RSM DEVELOPMENT AREA VARIANCE DETERMINATION
Mr. Peckham moved, seconded by Ms. Sciortino, that the application by RSM Development, 197 W. Main Street, Victor, NY, for an area variance at Lot #1 Chapel Hill Estates, 2 Carolina Drive, Mendon, NY, consisting of 6 acres, bearing Tax Account No. 191.04-1-8.21, located in an RA-5 zone, to allow a building height of approximately 38 feet for a proposed single family dwelling, whereas Town Code allows a building height of 35 feet, be approved based upon the following Findings of Fact and Conclusions of Law:  

FINDINGS OF FACT
1.	Mr.  Steve Mancini of RSM Development, 197 W. Main Street, Victor, NY, appeared before the Zoning Board of Appeals on February 11, 2010. 
2.	RSM Development is to construct a 7,200 square foot single family residence on Lot #1 of the Chapel Hill Estates subdivision. Chapel Hill Estates will be a 9 lot subdivision with lot sizes of six or more acres.  When completed, the proposed residence will be the third home in the project. Two homes have been completed to date.
3.	One of the small roof peaks on the proposed house will be 38 feet high as measured by the Mendon Code Enforcement Officer.  With the adoption of the new Mendon Town Zoning Code in 2007, the method of height measurement changed necessitating the need for the variance. One of the existing completed homes also has a height in excess of the present maximum, but it was constructed to prior code specifications. Given the architectural style of the development, future homes may also exceed the current restriction.

4.	Altering the design to reduce the roof pitch below the proposed 8 and one half feet in order to lower the roof height would seriously compromise the appearance of the home and is not considered feasible.
CONCLUSIONS OF LAW
1.	The benefit Mr. Cook is attempting to achieve cannot be achieved by any other means.
2.	The granting of this area variance will not create an undesirable change to the neighborhood or to nearby properties.
3.	The request is not substantial.
4.	The granting of this request will not have adverse physical or environmental effects.
5.	The difficulty is self-created.
6.	This is a Type II action under SEQR.

MOTION
Mr. Peckham moved, seconded by Ms, Sciortino, to approve the amended RSM Development Area Variance Determination.
ADOPTED
Ms. Sciortino-aye, Mr. Irvine-aye, Mr. Thorp-aye, Mr. Peckham-aye.

Approve Minutes of February 11, 2010 meeting.

MOTION
Mr. Peckham moved, seconded by Ms. Sciortino, to approve the February 11, 2010 minutes as amended.
ADOPTED
Ms. Sciortino-aye, Mr. Irvine-aye, Mr. Thorp-aye, Mr. Peckham-aye.

ROGERS AREA VARIANCE DETERMINATION

Mr. Peckham moved, seconded by Mr. Irvine that the application by Michael and Bette Rogers, 1732 W. Bloomfield Road, Honeoye Falls, bearing tax account no. 230.03-1-2.2, consisting of 5.46 acres and located in an RA-5 zone, for an area variance at said address to construct an accessory building measuring approximately 1,476 square feet which, when added to an existing accessory structure, exceeds the 1% lot coverage allowed by the Town Code, be approved based upon the following Findings of Fact and Conclusions of Law:

Findings of Fact:

1.	Michael Rogers and Gian-Paul Piane, architect, appeared before the Zoning Board of Appeals on February 25, 2010.
2.	Michael Rogers is an internationally known artist working in glass media.  He is a full professor at the School of American Crafts, Rochester Institute of Technology.
3.	Mr. and Mrs. Rogers wish to construct a 1,476 square foot accessory building on their 5.46 acre property to serve as a storage shed for lawn and garden equipment, artwork and related materials.
4.	There is a 2,315 square foot accessory structure on the property that serves as Mr. Rogers’ glass art studio.  The combined square footage of both accessory structures is 3,791 square feet, which exceeds the maximum allowed by Town Code by 1,413, or 59%.
5.	Mr. and Mrs. Rogers’ personal residence is also located on the property.
6.	The building site is above the road grade and surrounded by trees thereby limiting the visual impact.
7.	The building design and finish will be in keeping with that of the existing structures.

Conclusions of Law:

1.	The benefit Mr. and Mrs. Rogers are attempting to achieve cannot be achieved by any other means.
2.	The granting of this area variance will not create an undesirable change to the neighborhood or to nearby properties.
3.	The request is substantial.
4.	The granting of this request will not have adverse physical or environmental effects.
5.	The difficulty is self-created.
6.	This is a Type II action under SEQR.

MOTION
Mr. Peckham moved, seconded by Mr. Irvine, to approve the amended Rogers Area Variance Determination.
ADOPTED
Ms. Sciortino-aye, Mr. Irvine-aye, Mr. Thorp-aye, Mr. Peckham-aye.

Discussion
Mr. Edward Walsh, Chair of the Planning Board, gave a brief summary of the Verizon Cell Tower Public Hearing at the February 10 Planning Board meeting and noted that Mr. Peckham had attended.  Mr. Walsh stated that the main issues of concern for the public were aesthetics and loss of property value.  Mr. Walsh stated that the public also viewed Verizon’s data with skepticism as well as the Planning Board’s ability to evaluate their data.  Mr. Walsh stated that Verizon had agreed to come back with camouflaged or “stealth” applications.
Mr. Walsh stated that, on advice of counsel, they were separating the proposed cell tower needs from the fire department needs.
Mr. Walsh stated that Mr. Bill Johnson of RIT, was going to be hired to review the application and to answer the Board’s questions.  Mr. Walsh listed some of the questions the PB would like to have answered and asked the ZBA to think of any questions pertaining to the proposed Verizon cell tower that they might have.  Mr. Walsh asked the Board to send the questions to him.
Mr. Peckham stated that he had made a list of everyone’s comments during the Public Hearing for the Verizon cell tower.  One of the main concerns was with how the public is given notice of hearings.  Mr. Peckham stated that the ZBA signs cannot be easily read from the road.  Mr. Peckham proposed that the signs should be a different color and should reference the town’s website.
Mr. Peckham asked if the ZBA could put both the legal notice and the determinations on the website.  Mr. Jones responded that if the public wanted to see the determinations they could see them at the office, but that he did not think they should appear on the website.  Mr. Jones concurred that the signs should be changed.  Mr. Walsh stated that he would ask Mrs. Fletcher not to order new signs until they addressed this question.

MOTION
Mr. Peckham moved, seconded by Ms, Sciortino, to adjourn at 8:22 p.m.
ADOPTED
Ms. Sciortino-aye, Mr. Irvine-aye, Mr. Thorp-aye, Mr. Peckham-aye.