A Regular Meeting of the Zoning Board of Appeals was held on Thursday, April 8, 2010 at the Mendon Town Hall, 16 West Main Street, Honeoye Falls, NY, 14472 at 7:30 p.m.

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

ATTORNEY:	Doug Jones 
	
OTHERS: 	Edward Walsh (Chair of the PB)

Minutes were taken by Lea Walsh.

Mr. Wright called the meeting to order at 7:33 p.m.

JOINT USE VARIANCE PUBLIC HEARING (Continued)

Harold and Katie Joint, 461 Parrish Road, Honeoye Falls, NY, appeared before the Board  for a use variance at said property, consisting of 23.2 acres, bearing Tax Account No. 231.01-1-10, located in an RA-1 zone, to construct a single family dwelling in a Steep Slope EPOD which requires a use variance.

Mr. Wright thanked the applicants for submitting an appraisal by Mr. Michael Zazzara, of  Bruckner, Tillett, Rossi, Cahill & Associates, and an estimate from Klass Remodeling.

Mr. Jones asked what the applicants had originally paid for the property.  Mr. Wright responded that on Page 4 of the appraisal it stated that they had paid $186,040 for the property, including the house.

Mr. Joint stated that the people who sold them the house understood that they planned to fix it up and then build their own home on the property.

Mr. Wright stated that the cost was approximately $186,000, and that the house itself was worth approximately $100,000.  Mr. Jones stated that the property itself was worth approximately $85,000 in 2003. 

Mr. Jones stated that the property was purchased in 2003 and that the zoning was redone on March 26, 2007.  Mr. Jones asked if the applicants had done anything between 2003 and 2007 to build on the steep slope.  Mr. Joint responded that they had not done any building before March 26, 2007.  Mr. Joint stated that they put in the barn in 2008.  Mr. Jones stated that case law states that if they had made some movement towards doing something on that spot before the law changed then the Board might be able to grandfather them.  A discussion followed on the plans that the Joints had always had for building a house on the property after they had fixed up the house that was there.  

Mr. Wright asked if the site for the barn was randomly picked or if it was meant to be next to the proposed house.  Mr. Joint stated that they knew where the barn would go when they first purchased the property.  Mr. Joint stated that the barn was to be next to the proposed house and that they had a footprint for the barn which they had marked with yellow caution tape prior to March of 2007.  Mr. Irvine asked if any site work had been done before 2007.  Mr. Joint responded that he had used his backhoe to take down locust trees and clear the area before March of 2007 in preparation for the barn that they built in October of 2008.  Mr. Jones asked if the backhoe that they used had been purchased by them prior to 2007.  Mr. Joint responded that it had.

Mr. Joint stated that the steepest part of the back section where the proposed house would be is 22%, which he did not think was a great deal of slope.  Mr. Jones stated that the barn was built on the 22% slope after the EPOD was changed.

Mr. Wright asked why he had been given the Klass Remodeling estimate.  Mr. Joint responded that someone had asked what it would cost to remodel their present house if they were not allowed to build, and so they had asked for an estimate for the cost of the remodeling.

Mr. Jones stated that he thought the Board had enough information to work with and he stated that he would write the decision.  Mr. Jones stated that the Joints had shown dollars and cents information.  Mr. Jones said that this was a fairly unique situation that would not change the neighborhood and that was not self-created.

Mr. Joint asked if they were to get approval would they have to go back before the Planning Board again.  Mr. Edward Walsh, chair of the Planning Board, was in the audience and responded that they still would be required to appear before the Planning Board as this was an application for a subdivision.

Mr. Jones stated that if a use variance was granted it would go with the property and if the land was subdivided people could then build on the steep slopes if there were any on the rest of the property.  Mr. Jones asked if Mr. Joint would be amenable to a condition stating that the property not be subdivided further than just for the one house.  Mr. Joint responded that they have children who might want a lot on the property some day.  A discussion followed on how to prevent  further building on the steep slopes of that property and on the fact that there are some flat fields on the property where houses could be built.  

Mr. Jones stated that there could be a condition that if they wished to subdivide for family members that would be allowed; or if they were to subdivide they could not subdivide the steep slopes.

Mr. Wright stated that the Board did not want to do something that would jeopardize the system the town has for protecting various areas.  Mr. Wright stated that it would be a mistake on the Board’s part if they were to allow this to be a precedent.

MOTION
Mr. Irvine moved, seconded by Ms. Sciortino, to close the Joint Use Variance Public Hearing.
ADOPTED
Mr. Wright-aye, Mr. Irvine-aye, Mr. Thorp-aye, Mr. Peckham-aye, Ms. Sciortino-aye.

Approve Minutes of February 25, 2010 meeting.

MOTION
Mr. Peckham moved, seconded by Ms. Sciortino, to approve the February 25, 2010 minutes as amended.
ADOPTED
Ms. Sciortino-aye, Mr. Irvine-aye, Mr. Thorp-aye, Mr. Peckham-aye.  Mr. Wright abstained.

Discussion
Ms. Sciortino informed the Board that she would not be able to attend if the ZBA held a meeting on April 22, 2010.
Mr. Edward Walsh, chair of the Planning Board, stated that he had some homework for the Board.  Mr. Walsh informed the Board that Mr. William Johnson of RIT was going to appear before the Planning Board at their April 14th meeting in order to discuss questions concerning the proposed Verizon cell tower.  Mr. Walsh handed the Board members a paper containing a list of questions for Mr. Johnson and asked them to add any other questions that they might have and get them back to him before April 14th.
A discussion followed on some questions that members of the Zoning Board of Appeals had concerning the proposed cell tower, its placement, and the location of other stealth towers.
Mr. Peckham asked if he would be allowed to ask questions at the Planning Board meeting on April 14th.  Mr. Walsh responded that Mr. Peckham was from an involved agency and would be able to ask questions.
A discussion followed on the proposed parking lot on Plains Road.

JOINT USE VARIANCE DETERMINATION

Mr. Wright moved, seconded by Mr. Peckham, that the use variance requested by Harold and Katie Joint, 461 Parrish Road, Honeoye Falls, NY, a 23.2 acre parcel in a RA-1 zone, bearing Tax Account No. 231.01-1-110, to construct a single family dwelling in a Steep Slope Environmental Protection Overlay District (EPOD), be approved based on the following findings of fact and conclusions of law, with conditions:

FINDINGS OF FACT

1.	The applicant appeared before the Zoning Board of Appeals at the public hearing on February 11 and April 8, 2010.

2.	The applicant purchased the property in 2003, reconditioned the existing house to make it livable for their family of five, but did not enlarge it as their intent was to build another, larger, permanent home elsewhere on the property. EPODs had been established on the property prior to its purchase by the applicants, but at that time, relief could be requested and granted under an Area Variance.

3.	Prior to March 26, 27, the applicants engaged in some substantial clearing of trees and site work in reliance on the prior EPOD statute.

4.	On March 26, 2007, the Town Board of Mendon, by resolution,changed the steep slope EPOD to prohibit all construction thereon, thus blocking the applicant from relief that was previously available to them.

5.	In October 2008, the applicant constructed a barn, a portion of which is located on the same slope contour elevation as the proposed site for the home they wish to construct. The granting of the permit to build the barn on this slope appears to have been inadvertently permitted by the Code Enforcement Officer. However, the siting of the barn was a conscious decision by the applicant to place it in proximity to the planned home, as their subsequent site plan application to the Planning Board indicated.

6.	The applicant presented an appraisal by Mr. Michael S. Zazzara, Bruckner, Tillett, Rossi, Cahill & Associates, 110 Linden Oaks, Suite B, Rochester, NY 14625 indicating that the assertion of the Steep Slope and additional  EPOD encumbrances on construction on the lot diminished the value of the property from $268,000 to $87,000. 

7.	 No members of the public appeared at the public hearing.

CONCLUSIONS OF LAW

1.	The applicant cannot realize a reasonable return on their investment in this property without the relief sought as demonstrated by a competent appraisal.

2.	The alleged hardship is unique and doesn’t apply to a substantial portion of the neighborhood because those dwellings were built before the EPODs were established. 

3.	The granting of this variance will not alter the essential character of the neighborhood.

4.	The hardship has not been self-created.

CONDITIONS

1.	That the site plan drawings, when resubmitted and approved by the Planning Board, be the same as those submitted to the Zoning Board of Appeals for this application. In particular, the location of that portion of the home on the same contour lines as the barn, be maintained.

2.	The land shall not be further subdivided (other than the planned subdivision of the existing house and its surrounding acreage from the property) other than for gift or sale to applicant’s children.

MOTION
Mr. Wright moved, seconded by Mr. Peckham, to approve the amended and discussed Joint Use Variance Determination.
ADOPTED

Mr. Wright-aye, Ms. Sciortino-aye, Mr. Irvine-aye, Mr. Thorp-aye, Mr. Peckham-aye.

MOTION
Mr. Irvine moved, seconded by Ms, Sciortino, to adjourn at 8:40 p.m.
ADOPTED
Mr. Wright-aye, Ms. Sciortino-aye, Mr. Irvine-aye, Mr. Thorp-aye, Mr. Peckham-aye.