Ogden Zoning Board of Appeals met May 4.
Here is the minutes provided by the Board:
Members Present:
Jill Cordts
Kristen Zale
Aaron Baker
Jared Hirt
Frank Cleere
Barb Strine
Members Absent:
Josh Hinman
Others Present:
Patrick Smith, Building Inspector; Mitchell Pustay
Bridget Field, Zoning Board Attorney; Amanda Pustay
Michelle Laske, Building Clerk; Bill Leyland
Kyle Mason; Cathy Leyland
William J. Russell; Robert Hochgraf
Mark Zielke; Kris Schultz
Andrea Holland; Lori Ritzel
William D. Russell; Thomas Uschold
Jeff Fiorito; Joe Gizzi
Alec Ollies
Kristine Ollies
Matt Ollies
This meeting was published in the Sunday, April 23, 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. Cordts mentioned all emergency exits and general procedures.
II. Public Hearing:
1. Appeal of William Russell, 200 Chambers Street, Spencerport, NY 14559, for an area variance to allow an attached garage to have a front setback of 19 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. #101.03-1-6
Resolution #1-
Please Take Notice that at a meeting of the Ogden Zoning Board of Appeals held on May 4, 2017, the appeal was granted Approval with the following conditions:
• That the garage be constructed and installed to professional standards and is to be well maintained;
• That the exterior material mirror the existing building;
• That a building permit be obtained from the Building Department prior to commencing construction.
SEQR Determination: Type II Action
Motion: Mr. Baker
2nd: Mr. Cleere
Vote of the Board:
Ayes: Baker, Cleere, Cordts, Hirt, Strine
Nays: None
Absent: Hinman
Abstain: Zale
Motion for Approval: Ms. Cordts
2nd: Ms. Strine
Vote of the Board:
Ayes: Baker, Cleere, Cordts, Hirt, Strine
Nays: None
Absent: Hinman
Abstain: Zale
2. Appeal of Jeffrey & Rakay Fiorito, 2427 Union Street, Spencerport, NY 14559, for an area variance to allow a 6’tall 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. #101.04-2-3
Resolution #2-
Please Take Notice that at a meeting of the Ogden Zoning Board of Appeals held on May 4, 2017, the appeal was granted Approval with the following conditions:
• That the board on board 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: Ms. Zale
2nd: Mr. Baker
Vote of the Board:
Ayes: Baker, Cleere, Cordts, Hirt, Strine, Zale
Nays: None
Absent: Hinman
Motion for Approval: Ms. Cordts
2nd: Mr. Hirt
Vote of the Board:
Ayes: Baker, Cleere, Cordts, Hirt, Strine, Zale
Nays: None
Absent: Hinman
3. Appeal of Kyle Mason, 39 Euler Road, Churchville, NY 14428, for an area variance to allow a porch addition to have a front setback of 59 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. #115.04-3-22.1
Resolution #3-
Please Take Notice that at a meeting of the Ogden Zoning Board of Appeals held on May 4, 2017, the appeal was granted Approval with the following conditions:
• That the porch be constructed and installed to professional standards and is to be well maintained;
• That a building permit be obtained from the Building Department prior to commencing construction.
SEQR Determination: Type II Action
Motion: Ms. Zale
2nd: Ms. Strine
Vote of the Board:
Ayes: Baker, Cleere, Cordts, Hirt, Strine, Zale
Nays: None
Absent: Hinman
Motion for Approval: Ms. Cordts
2nd: Ms. Zale
Vote of the Board:
Ayes: Baker, Cleere, Cordts, Hirt, Strine, Zale
Nays: None
Absent: Hinman
4. Appeal of Mark Zielke, 620 Trimmer Road, Spencerport, NY 14559, for an area variance to allow an attached garage within the side setback at a distance from lot line of 4.8 feet, on property located at same, whereas, principal buildings shall be not less than 15 feet from the side lot line, pursuant to Chapter 210-28 F (1) (e) in an R-1 Residential District. Tax Acct. #086.02-1- 34
Resolution #4-
Please Take Notice that at a meeting of the Ogden Zoning Board of Appeals held on May 4, 2017, the appeal was granted Approval with the following conditions:
• That the garage be constructed and installed to professional standards and is to be well maintained;
• That the exterior material mirror the existing building;
• That a building permit be obtained from the Building Department prior to commencing construction.
SEQR Determination: Type II Action
Motion: Ms. Zale
2nd: Mr. Cleere
Vote of the Board:
Ayes: Baker, Cleere, Cordts, Hirt, Strine, Zale
Nays: None
Absent: Hinman
Motion for Approval: Ms. Cordts 2nd: Mr. Hirt
Vote of the Board:
Ayes: Baker, Cleere, Cordts, Hirt, Strine, Zale
Nays: None
Absent: Hinman
5. Appeal of Andrea & Douglas Holland, 62 Whittier Road, Rochester, NY 14624, for an area variance to install a swimming pool to be located within the side setback at a distance from lot line of 15’, on property located at same, whereas, swimming pools shall be not less than 20 feet from the side lot line, pursuant to Chapter 179-2 in an R-1 Residential District. Tax Acct. #132.02-1-7
Resolution #5-
Please Take Notice that at a meeting of the Ogden Zoning Board of Appeals held on May 4, 2017, the appeal was granted Approval with the following conditions:
• That the pool be constructed and installed to professional standards and is to be well maintained;
• That a building permit be obtained from the Building Department prior to commencing construction.
SEQR Determination: Type II Action
Motion: Ms. Zale
2nd: Mr. Baker
Vote of the Board:
Ayes: Baker, Cleere, Cordts, Hirt, Strine, Zale
Nays: None
Absent: Hinman
Motion for Approval: Ms. Cordts
2nd: Ms. Strine
Vote of the Board:
Ayes: Baker, Cleere, Cordts, Hirt, Strine, Zale
Nays: None
Absent: Hinman
6. Appeal of Mitchell Pustay, 4020 Buffalo Road, Rochester, NY 14624 for two (2) area variances to install 482 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 # 132.01-2-20
Resolution #6-
Please Take Notice that at a meeting of the Ogden Zoning Board of Appeals held on May 4, 2017, the appeal was granted Approval with the following conditions:
• That the fence only be 6’ in height total: 5’ solid construction with 1’ open lattice construction at top;
• 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: Ms. Zale
2nd: Ms. Strine
Vote of the Board:
Ayes: Baker, Cleere, Cordts, Hirt, Strine, Zale
Nays: None
Absent: Hinman
Motion for Approval: Ms. Cordts
2nd: Mr. Cleere
Vote of the Board:
Ayes: Baker, Cleere, Cordts, Hirt, Strine, Zale
Nays: None
Absent: Hinman
7. Appeal of Mark Baker of Bayford Construction Inc., for 20 Turner Drive, Spencerport, NY 14559, for two (2) area variances on property located at same; to construct a building 13.5’ from the side setback, whereas, the minimum side setback is 30’; and to allow the parking area to be constructed a minimum of 4.2’ from the west line, whereas, the minimum is 25’, pursuant to Chapter 210-34 J (5) in a Light Industrial District. Tax Acct. #087.04-1-19.31
Resolution #7-
Please Take Notice that at a meeting of the Ogden Zoning Board of Appeals held on May 4, 2017, the appeal was granted Approval.
SEQR Determination: Type II Action
Motion: Ms. Zale
2nd: Mr. Baker
Vote of the Board:
Ayes: Baker, Cleere, Cordts, Hirt, Strine, Zale
Nays: None
Absent: Hinman
Motion for Approval: Ms. Cordts
2nd: Ms. Zale
Vote of the Board:
Ayes: Baker, Cleere, Cordts, Hirt, Strine, Zale
Nays: None
Absent: Hinman
8. Appeal of Alec Ollies, owner of a 21.2 acre parcel located south and adjacent to 643 Gillett Road, Spencerport, NY 14559, for a Special Use Permit to build an accessory structure prior to the principle building and five (5) area variances on property located at same; two (2) variances to construct a 36’ x 60’ x 38’tall, two-story (4,320 square feet) accessory structure and one (1) variance to construct the accessory structure in front of the house, whereas, no accessory building may exceed 600 square feet total floor area per parcel, regardless of lot size and the height shall not exceed 15 feet, and whereas, detached accessory buildings shall be located to the rear of the front building line of the principal building. And two (2) variances to construct an 8’ tall solid wall fence, whereas, fences shall not exceed four feet in the height in side and rear yards, nor shall any fence be of closed construction; respectively pursuant to Chapters: 210-28 C (1); Chapter 210-28 F(3) (b); Chapter 210-54 B (1); Chapter 210-54 A (1); Chapter 210-47 A (8) (a) and Chapter 210-47 B (1) in a R-1 Residential District. Tax Acct #102.03-2-50.11
Resolution #8-
Please Take Notice that at a meeting of the Ogden Zoning Board of Appeals held on May 4, 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 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 prior to commencing construction.
SEQR Determination: Type II Action Motion: Ms. Zale
2nd: Mr. Baker
Vote of the Board:
Ayes: Baker, Cleere, Cordts, Hirt, Strine, Zale
Nays: None
Absent: Hinman
Motion for Approval: Ms. Cordts
2nd: Mr. Cleere
Vote of the Board:
Ayes: Baker, Cleere, Cordts, Hirt, Strine, Zale
Nays: None
Absent: Hinman
III. Old Business:
9. Appeal of Joe Gizzi of Big City Sportswear, 3861 Buffalo Road, Rochester, NY 14624, for a Special Sign Permit and two (2) area variances: A Special Sign Permit to allow seven (7) existing commercial signs, pursuant to Chapter 157-4 A and one (1) area variance for a mounted sign on the side of the building, whereas, each enterprise is allowed a mounted sign on the front of the building, pursuant to Chapter 157-8 (A); and one (1) area variance for a five (5) square foot address sign, whereas, each building may have one (1) street address sign not exceeding two (2) square feet, pursuant to Chapter 157-8 (D) (2) on property located at same, whereas, each separate commercial or industrial enterprise shall be permitted to erect, upon obtaining a permit from the Zoning Board of Appeals, a single sign mounted or placed on the front of a building covering not more than 20% of the front wall allocated to such enterprise, pursuant to Chapter 157-8 A in a Light Industrial District. Tax Acct. #132.02-2-5
Resolution #9-
SEQR Determination: Type II Action
Motion: Ms. Zale
2nd: Mr. Baker
Vote of the Board:
Ayes: Baker, Cleere, Cordts, Hirt, Strine, Zale
Nays: None
Absent: Hinman
Please Take Notice that at a meeting of the Ogden Zoning Board of Appeals held on May 4, 2017, any Special Sign Permits that are approved must abide by the following conditions:
• That the sign be constructed and installed to professional standards and is to be well maintained;
• 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.
Please Take Notice that at a meeting of the Ogden Zoning Board of Appeals held on May 4, 2017, the appeal for two (2) Big City Sportswear Special Sign Permits and the variance for allowing the additional sign to be mounted on the side of the building was granted Approval.
Vote of the Board:
Ayes: Baker, Cordts, Hirt, Strine, Zale
Nays: None
Absent: Hinman
Abstain: Cleere
Please Take Notice that at a meeting of the Ogden Zoning Board of Appeals held on May 4, 2017, the appeal for an address Special Sign Permit and the variance for allowing address sign to be larger than two (2) square feet was granted Approval.
Vote of the Board:
Ayes: Baker, Cordts, Hirt, Strine, Zale
Nays: None
Absent: Hinman
Abstain: Cleere
Please Take Notice that at a meeting of the Ogden Zoning Board of Appeals held on May 4, 2017, the appeal for the monument Special Sign Permit was granted Approval.
SEQR Determination: Type II Action
Vote of the Board:
Ayes: Baker, Cordts, Hirt, Strine, Zale
Nays: None
Absent: Hinman
Abstain: Cleere
Please Take Notice that at a meeting of the Ogden Zoning Board of Appeals held on May 4, 2017, the appeal for the “Service Department” Special Sign Permit was granted Approval.
Vote of the Board:
Ayes: Baker, Cordts, Hirt, Strine, Zale
Nays: None
Absent: Hinman
Abstain: Cleere
Please Take Notice that at a meeting of the Ogden Zoning Board of Appeals held on May 4, 2017, the appeal for the “Timberland Pro” Special Sign Permit was Denied.
Vote of the Board:
Ayes: Baker, Cordts Nays: Hirt, Strine, Zale
Absent: Hinman
Abstain: Cleere
Please Take Notice that at a meeting of the Ogden Zoning Board of Appeals held on May 4, 2017, the appeal for the “Carhartt” Special Sign Permit was Denied.
Vote of the Board:
Ayes: Baker, Cordts
Nays: Hirt, Strine, Zale
Absent: Hinman
Abstain: Cleere
Please Take Notice that at a meeting of the Ogden Zoning Board of Appeals held on May 4, 2017, the appeal for the “UnderArmour” Special Sign Permit was Denied.
Vote of the Board:
Ayes: Baker, Cordts
Nays: Hirt, Strine, Zale
Absent: Hinman
Abstain: Cleere
10. Appeal of Joe Gizzi of Power Equipment Repair, 3865 Buffalo Road, Rochester, NY 14624, for a Special Sign Permit and five (5) area variances: A Special Sign Permit to allow four (4) existing commercial signs, pursuant to Chapter 157-4 A; one (1) area variance for a five (5) square foot address sign, whereas, each building may have one (1) street address sign not exceeding two (2) square feet, pursuant to Chapter 157-8 (D) (2); two (2) area variances for three (3) existing freestanding signs to be larger than 16 square feet, pursuant to Chapter 157-8 (A), whereas, each enterprise shall be permitted a monument sign not exceeding 16 square feet; one (1) area variance for an existing accessory sign to be.8 feet from property line, whereas, an accessory sign indicating traffic entrances shall not be nearer than 6 feet from the property line, pursuant to Chapter 157-8 (D) (1) on property located at same, in a Light Industrial District. Tax Acct. #132.02-2-4
Resolution #10-
SEQR Determination: Type II Action
Motion: Ms. Zale
2nd: Mr. Baker
Vote of the Board:
Ayes: Baker, Cleere, Cordts, Hirt, Strine, Zale
Nays: None
Absent: Hinman
Please Take Notice that at a meeting of the Ogden Zoning Board of Appeals held on May 4, 2017, any Special Sign Permits that are approved must abide by the following conditions:
• That the sign be constructed and installed to professional standards and is to be well maintained;
• 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.
Please Take Notice that at a meeting of the Ogden Zoning Board of Appeals held on May 4, 2017, the appeal for an address Special Sign Permit and the variance for allowing address sign to be larger than two (2) square feet was granted Approval.
Vote of the Board:
Ayes: Baker, Cordts, Hirt, Strine, Zale
Nays: None
Absent: Hinman
Abstain: Cleere
Please Take Notice that at a meeting of the Ogden Zoning Board of Appeals held on May 4, 2017, the appeal for the existing freestanding Special Sign Permits and the variances for allowing the sign to be larger than sixteen (16) square feet was granted Approval.
Vote of the Board:
Ayes: Baker, Cordts, Hirt, Zale Nays: Strine
Absent: Hinman
Abstain: Cleere
Please Take Notice that at a meeting of the Ogden Zoning Board of Appeals held on May 4, 2017, the appeal for the “Stihl” existing freestanding Special Sign Permit and the variance for allowing the sign to be larger than sixteen (16) square feet was granted Approval.
Vote of the Board:
Ayes: Baker, Cordts, Hirt, Zale
Nays: Strine
Absent: Hinman
Abstain: Cleere
Please Take Notice that at a meeting of the Ogden Zoning Board of Appeals held on May 4, 2017, the appeal for the existing arrow Special Sign Permit and the variance for the existing arrow accessory sign to be.8 feet from the property line was granted Approval.
Vote of the Board:
Ayes: Baker, Cordts, Hirt, Strine, Zale
Nays: None
Absent: Hinman
Abstain: Cleere
Please Take Notice that at a meeting of the Ogden Zoning Board of Appeals held on May 4, 2017, the appeal for the existing “Stihl/Power Equipment Repair” Special Sign Permit was granted Approval.
Vote of the Board:
Ayes: Baker, Cordts, Hirt, Strine, Zale
Nays: None
Absent: Hinman
Abstain: Cleere
Please Take Notice that at a meeting of the Ogden Zoning Board of Appeals held on May 4, 2017, the appeal for the existing “Husqvarna” Special Sign Permit was granted Approval.
Vote of the Board:
Ayes: Baker, Cordts, Hirt, Zale
Nays: Strine
Absent: Hinman
Abstain: Cleere
IV. Approval of Minutes: April 2017
Resolution #11-
That the meeting minutes of April 6, 2017 be approved as written.
Motion: Mr. Baker 2nd: 0Mr. Cleere
Vote of the Board:
Ayes: Baker, Cleere, Cordts, Hirt, Strine, Zale
Nays: None
Absent: Hinman
Adjournment: Ms. Cordts motioned to close the meeting at 10:00 p.m. seconded by Mr. Baker. All in favor.
Work Session: None
http://www.ecode360.com/documents/OG0089/public/356913451.pdf
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