Ogden Zoning Board of Appeals met June 1.
Here is the minutes provided by the Board:
Members Present;
Kristen Zale
Josh Hinman
Aaron Baker
Jared Hirt
Frank Cleere
Barb Strine
Members Absent:
Jill Cordts
Others Present:
Patrick Smith, Building Inspector, Richard Federico
Bridget Field, Zoning Board Attorney, Kevin Toal
Michelle Laske, Building Clerk, Christopher Locke
Jim Colombo, Glenn Thornton
Kevin McPhillips, Lindsey Macaluso
Terry Brown, Brandon DeMott
Salvador Muniz, Donna Magar
Don Magar, Kris Schulz
Dieter Trick, Gloria Trick
This meeting was published in the Sunday, May 21, 2017 edition of the Suburban News.
The Ogden Zoning Board of Appeals was called to order at 7:00 PM.
I. Pledge of Allegiance
Ms. Zale mentioned all emergency exits and general procedures.
II. Old Business:
III. Public Hearing:
1. Appeal of Christopher Locke, 506 Washington Street, Spencerport, NY 14559, for an area variance to install a 6’tall chain link fence, at property located at same, whereas, fences shall not exceed four feet in the height in side and rear yards; pursuant to Chapter 210-47 A (8) (a) in a R-1 Residential District. Tax Acct. #085.04-2-9
Resolution #1-
Please Take Notice that at a meeting of the Ogden Zoning Board of Appeals held on June 1, 2017, the appeal was granted Approval with the following conditions:
• That the black chain link fence only be 6’ in height and approximately 150 linear feet;
• That the fence be constructed and installed to professional standards and is to be well maintained;
• That a building permit be obtained from the Building Department.
SEQR Determination: Type II Action Motion: Mr. Baker
2nd: Mr. Cleere
Vote of the Board:
Ayes: Baker, Cleere, Hinman, Hirt, Strine, Zale
Nays: None
Absent: Cordts
Motion for Approval: Ms. Zale 2nd: Mr. Hirt
Vote of the Board:
Ayes: Baker, Cleere, Hinman, Hirt, Strine, Zale
Nays: None
Absent: Cordts
2. Appeal of Hover-Davis Inc., 100 Paragon Drive, Rochester, NY 14624 for a Special Sign Permit and an area variance to install a 40 sq. ft. sign in front of the building, on property located at same, whereas, each separate commercial or industrial enterprise shall be permitted to install an accessory sign not exceeding 6 square feet, upon obtaining a permit from the Zoning Board of Appeals, pursuant to Chapter 157-8 D (1) in a Light Industrial District. Tax Acct #102.04-3-7.1
(Note: The legal ad mistakenly stated that the size requested was 400 sq. ft. and has been correctly changed to 40 sq. ft.)
Resolution #2-
Please Take Notice that at a meeting of the Ogden Zoning Board of Appeals held on June 1, 2017, was granted approval with the following conditions:
• That the sign be constructed and installed to professional standards and is to be well maintained;
• That the sign only be illuminated from 7am until 7 pm during the week;
• That a building permit be obtained from the Building Department prior to commencing construction and shall be valid for a period of two (2) years;
• That a photograph of the erected sign(s) be submitted to the Building Department after installation.
SEQR Determination: Type II Action Motion: Mr. Baker
2nd: Mr. Hirt
Vote of the Board:
Ayes: Baker, Hinman, Hirt, Strine, Zale
Nays: None
Absent: Cordts
Abstain: Cleere
Motion for Approval: Ms. Zale
2nd: Mr. Hirt
Vote of the Board:
Ayes: Baker, Hinman, Hirt, Strine, Zale
Nays: None
Absent: Cordts
Abstain: Cleere
3. Appeal of Kevin & Roxanne Toal, 2 Beau Lane, Rochester, NY 14624 for two (2) area variances to install 22 feet of 6’ high, solid construction fence, whereas, fences shall not exceed four feet in height in side and rear yards and any fence in a residential district shall be of open and permanent construction, pursuant to Chapter 210-47 A (8) (a) and Chapter 210-47 B (1) respectively in an R- 1 Residential District. Tax Acct # 131.02-4-1
Resolution #3-
Please Take Notice that at a meeting of the Ogden Zoning Board of Appeals held on June 1, 2017, the appeal was granted Approval with the following conditions:
• That the fence be constructed and installed to professional standards and is to be well maintained;
• That a building permit be obtained from the Building Department.
SEQR Determination: Type II Action Motion: Mr. Baker
2nd: Mr. Hirt
Vote of the Board:
Ayes: Baker, Cleere, Hinman, Hirt, Strine, Zale
Nays: None
Absent: Cordts
Motion for Approval: Ms. Zale
2nd: Mr. Hirt
Vote of the Board:
Ayes: Baker, Cleere, Hinman, Hirt, Strine, Zale
Nays: None
Absent: Cordts
4. Appeal of Richard Federico, 22 Golden Pond Trail, Spencerport, NY 14559, for two (2) area variances to install a 6’ high, solid construction fence, whereas, fences shall not exceed four feet in height in side and rear yards and any fence in a residential district shall be of open and permanent construction, pursuant to Chapter 210-47 A (8) (a) and Chapter 210-47 B (1) respectively in an R-1 Residential District. Tax Acct # 087.02-3-6
Resolution #4-
Please Take Notice that at a meeting of the Ogden Zoning Board of Appeals held on June 1, 2017, the appeal was granted Approval with the following conditions:
• That the fence be constructed and installed to professional standards and is to be well maintained;
• That a building permit be obtained from the Building Department.
SEQR Determination: Type II Action Motion: Mr. Baker
2nd: Mr. Cleere
Vote of the Board:
Ayes: Baker, Cleere, Hinman, Hirt, Strine, Zale
Nays: None
Absent: Cordts
Motion for Approval: Ms. Zale
2nd: Mr. Hinman
Vote of the Board:
Ayes: Baker, Cleere, Hinman, Hirt, Strine, Zale
Nays: None
Absent: Cordts
5. Appeal of Emery Kapral, STM Tuned Inc., 43 Turner Drive, Spencerport, NY 14559, for three (3) area variances on property located at same; to construct an addition 24.9’ from the side setback, whereas, the minimum side setback is 30’; and 11.9’ from the rear setback, whereas, the minimum rear setback is 50’; and one variance to allow 22 parking spaces for the 10,400 sq. ft. building, whereas, the minimum amount required is 27 parking spaces, respectively pursuant to Chapter 210-34 J (5), Chapter 210-34 J (6) and Chapter 210-34 K (1) in a Light Industrial District. Tax Acct. #087.04-1-15.712
Resolution #5-
Please Take Notice that at a meeting of the Ogden Zoning Board of Appeals held on June 1, 2017, the appeal was granted Approval with the following conditions:
• That the addition be constructed and installed to professional standards and is to be well maintained;
• That the exterior material mirror the existing building;
• That the addition’s height will not exceed the height of the existing building;
• That there are no lights installed on the south side of the addition;
• That arborvitaes be planted in pursuant to professional landscaping standards, such that the number and placement of arborvitaes would cover from the southwestern corner to the southeastern corner of the addition;
• That a building permit be obtained from the Building Department prior to commencing construction.
SEQR Determination: Type II Action Motion: Mr. Baker
2nd: Mr. Hinman
Vote of the Board:
Ayes: Baker, Cleere, Hinman, Hirt, Strine, Zale
Nays: None
Absent: Cordts
Motion for Approval: Ms. Zale
2nd: Mr. Cleere
Vote of the Board:
Ayes: Baker, Cleere, Hinman, Hirt, Strine, Zale
Nays: None
Absent: Cordts
6. Appeal of Sal Muniz, 2690 Spencerport Road, Spencerport, NY 14559, for an area variance to install a front deck with a front setback of approximately 54 ft., on property located at same, whereas, principal buildings shall be not less than 60 feet from the front lot line, pursuant to Chapter 210-28 F (1) (d) in an R-1 Residential District. Tax Acct. # 087.14-2-21
Resolution #6-
Please Take Notice that at a meeting of the Ogden Zoning Board of Appeals held on June 1, 2017, the appeal was granted Approval with the following conditions:
• That the front deck be constructed and installed to professional standards and is to be well maintained;
• That all railings be of open construction;
• That a building permit be obtained from the Building Department prior to commencing construction.
SEQR Determination: Type II Action Motion: Mr. Baker
2nd: Mr. Hinman
Vote of the Board:
Ayes: Baker, Cleere, Hinman, Hirt, Strine, Zale
Nays: None
Absent: Cordts
Motion for Approval: Ms. Zale
2nd: Mr. Baker
Vote of the Board:
Ayes: Baker, Cleere, Hinman, Hirt, Strine, Zale
Nays: None
Absent: Cordts
7. Appeal of Kevin McPhillips, 17 Robbin Crescent, Rochester, NY 14624 for two (2) area variances to allow 326 feet of 6’ high, solid construction fence, whereas, fences shall not exceed four feet in height in side and rear yards and any fence in a residential district shall be of open and permanent construction, pursuant to Chapter 210-47 A (8) (a) and Chapter 210-47 B (1) respectively in an R-1 Residential District. Tax Acct # 117.03-3-30
Resolution #7-
Please Take Notice that at a meeting of the Ogden Zoning Board of Appeals held on June 1, 2017, the appeal was tabled for up to 60 days.
Motion: Ms. Zale
2nd: Mr. Baker
Vote of the Board:
Ayes: Baker, Cleere, Hinman, Hirt, Strine, Zale
Nays: None
Absent: Cordts
8. Appeal of Brandon DeMott, 470 McIntosh Road, Churchville, NY 14428, for two (2) area variances on property located at same; one (1) to construct a 40’ x 60’ x 23’ high (2400 sq. ft.) accessory building, whereas, no accessory building(s) may exceed 600 square feet total floor area per parcel, regardless of lot size, and one (1) variance for accessory structures of 121 square feet or greater shall not exceed 15 feet height, respectively pursuant to Chapter 210-28 F(3) (b) and Chapter 210-54 B (1) in an R-1 Residential District. Tax Acct. # 129.02-2-10
Resolution #8-
Please Take Notice that at a meeting of the Ogden Zoning Board of Appeals held on June 1, 2017, the appeal was granted Approval with the following conditions:
• That the accessory building be constructed and installed to professional standards and is to be well maintained;
• That the accessory building not be used for any commercial activity;
• That any exterior lighting be limited to motion sensored, no dusk to dawn or mercury vapor lighting;
• That a building permit be obtained from the Building Department prior to commencing construction.
SEQR Determination: Type II Action Motion: Mr. Baker
2nd: Ms. Strine
Vote of the Board:
Ayes: Baker, Cleere, Hinman, Hirt, Strine, Zale
Nays: None
Absent: Cordts
Motion for Approval: Ms. Zale
2nd: Mr. Cleere
Vote of the Board:
Ayes: Baker, Cleere, Hinman, Hirt, Strine, Zale
Nays: None
Absent: Cordts
9. Appeal of Vadas Properties, LLC at 2277 Union Street, Spencerport, NY 14559, for an area variance on property located at same, to allow 33 parking spaces for the 2,650 sq. ft. of medical office space, whereas, the minimum amount required is 53 parking spaces, pursuant to Chapter 210-75 in a Restricted Business District. Tax Acct #101.02-1-21
Resolution #9-
Please Take Notice that at a meeting of the Ogden Zoning Board of Appeals held on June 1, 2017, the appeal was granted approval.
SEQR Determination: Type II Action Motion: Mr. Baker
2nd: Ms. Strine
Vote of the Board:
Ayes: Baker, Cleere, Hinman, Hirt, Strine, Zale
Nays: None
Absent: Cordts
Motion for Approval: Ms. Zale
2nd: Mr. Baker
Vote of the Board:
Ayes: Baker, Cleere, Hinman, Hirt, Strine, Zale
Nays: None
Absent: Cordts
10. Appeal of John P. Gizzi, 132 Stony Point Road, Rochester, NY 14624 for two (2) area variances for 238 feet of existing fence that is 5’ high and of solid construction, whereas, fences shall not exceed four feet in height in side and rear yards and any fence in a residential district shall be of open and permanent construction, pursuant to Chapter 210-47 A (8) (a) and Chapter 210-47 B (1) respectively in an R-1 Residential District. Tax Acct # 117.03-3-9.131
Resolution #10-
Please Take Notice that at a meeting of the Ogden Zoning Board of Appeals held on June 1, 2017, the appeal was granted Approval with the following conditions:
• That construction stop until a building permit is issued;
• That a building permit be obtained from the Building Department no later than Friday, June 2, 2017;
• That the fence be constructed and installed to professional standards and is to be well maintained;
• That the fence be completed, inspected and pass all fence codes within two weeks of the building permit issuance, which is June 16, 2017;
• And that homeowner(s) is reasonably accommodating to the building inspector for access to the project during business hours.
SEQR Determination: Type II Action Motion: Mr. Baker
2nd: Mr. Hirt
Vote of the Board:
Ayes: Baker, Cleere, Hinman, Hirt, Strine, Zale
Nays: None
Absent: Cordts
Motion for Approval: Ms. Zale
2nd: Mr. Hirt
Vote of the Board:
Ayes: Baker, Cleere, Hinman, Hirt, Strine, Zale
Nays: None
Absent: Cordts
IV. Approval of Minutes
Adjournment:
Ms. Zale motioned to close the meeting at 9:29 p.m. seconded by Mr. Baker. All in favor.
Work Session: None
http://www.ecode360.com/documents/OG0089/public/371697476.pdf
Alerts Sign-up