Chambana Sun

Ogden Zoning Board of Appeals met August 3.

Here is the minutes provided by the Board:

Members Present:

Jill Cordts

Kristen Zale

Frank Cleere

Aaron Baker

Josh Hinman

Jared Hirt

Barb Strine

Members Absent:

Others Present:

Patrick Smith, Building Inspector; Mike Polizzi

Michelle Laske, Building Clerk; Stu Chait

Robert Glynn; Kevin McPhillips

Matthew Brady; Kathleen Brady

Kevin Conway; Susan Conway

Erik Reinhart; Melissa Reinhart

Vicki Rapp; Jo Newkirk

Viktor Yakimov; Chris McAllister

Richard Szymanowicz; Mary Szymanowicz

Kris Schultz

This meeting was published in the Sunday, July 23, 2017 edition of the Suburban News.

The Ogden Zoning Board of Appeals was called to order at 7:03 PM.

I. Pledge of Allegiance

Ms. Cordts mentioned all emergency exits and general procedures.

II. Old Business:

1. 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 #1-

Please Take Notice that at a meeting of the Ogden Zoning Board of Appeals held on August 3, 2017, the appeal was granted Approval with the following conditions:

- That the fence be of open construction and be no more than 5’ in height;

- 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: Mr. Baker

Vote of the Board-

Ayes: Baker, Cleere, Cordts, Hinman, Hirt, Strine, Zale

Nays: None

Absent: None

Motion for Approval: Ms. Cordts

2nd: Ms. Strine

Vote of the Board-

Ayes: Baker, Cleere, Cordts, Hinman, Strine

Nays: Hirt, Zale

Absent: None

III. Public Hearing:

2. Appeal of Vicki Rapp, 3399 Brockport Spencerport Road, Spencerport, NY 14559, for an area variance to install a covered deck with a front setback of approximately 55 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. # 086.03-2-10

Resolution #2-

Please Take Notice that at a meeting of the Ogden Zoning Board of Appeals held on August 3, 2017, the appeal was granted Approval with the following conditions:

- That the deck 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. Hirt

Vote of the Board-

Ayes: Baker, Cleere, Cordts, Hinman, Hirt, Strine, Zale

Nays: None

Absent: None

Motion for Approval: Ms. Cordts

2nd: Mr. Hirt

Vote of the Board-

Ayes: Baker, Cleere, Cordts, Hinman, Hirt, Strine, Zale

Nays: None

Absent: None

3. Appeal of Kevin & Susan Conway, 2 Woodsford Lane, Spencerport, NY 14559, for two (2) area variances on property located at same, to construct a 24’ x 28’ (672 sq. ft.) accessory building to be located in the front yard, whereas, no accessory building may exceed 600 square feet total floor area per parcel, regardless of lot size, and whereas, detached accessory buildings shall be located to the rear of the front building line of the principal building, respectively pursuant to Chapter 210-28 F(3) (b) and Chapter 210-54 A (1) in a R-1 Residential District. Tax Acct # 100.03-1-14

Resolution #3-

Please Take Notice that at a meeting of the Ogden Zoning Board of Appeals held on August 3, 2017, the appeal was approved 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: Ms. Zale

2nd: Mr. Cleere

Vote of the Board-

Ayes: Baker, Cleere, Cordts, Hinman, Hirt, Strine, Zale

Nays: None

Absent: None

Motion for Approval: Ms. Cordts

2nd: Mr. Hinman

Vote of the Board-

Ayes: Baker, Cleere, Cordts, Hinman, Hirt, Strine, Zale

Nays: None

Absent: None

4. Appeal of McAllister Sign Inc. representing Ogden Heights Senior Apartments at 20 Kingsford Lane, Spencerport, NY 14559, for a special sign permit to install a sign which is 27” by 48” (approx. 9 sq. ft.), on property located at same, whereas, no sign shall be installed unless a permit is obtained from the Zoning Board of Appeals, and whereas, a monument/permanent-type sign must not exceed 16 sq. ft., respectively pursuant to Chapter 157-3 A and Chapter 157-7 C in a Senior Citizen Housing District. Tax Acct. #102.02-3-99

Resolution #4-

Please Take Notice that at a meeting of the Ogden Zoning Board of Appeals held on August 3, 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 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: Ms. Zale

2nd: Mr. Hinman

Vote of the Board-

Ayes: Baker, Cleere, Cordts, Hinman, Hirt, Strine, Zale

Nays: None

Absent: None

Motion for Approval: Ms. Cordts

2nd: Ms. Zale

Vote of the Board-

Ayes: Baker, Cleere, Cordts, Hinman, Hirt, Strine, Zale

Nays: None

Absent: None

5. Appeal of Mike Polizzi, 63 Meadow Drive, Spencerport, NY 14559, for an area variance to allow an attached garage within the side setback at a distance from lot line of 11.4 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. #086.08-1-4

Resolution #5-

Please Take Notice that at a meeting of the Ogden Zoning Board of Appeals held on August 3, 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 the garage not be used for commercial activity;

- That any exterior lighting be limited to motion sensored, no dusk to dawn or mercury vapor lighting;

- That an As-built survey be provided at the completion of the project;

- That a building permit be obtained from the Building Department prior to commencing construction.

SEQR Determination: Type II Action Motion: Ms. Zale

2nd: Mr. Hirt

Vote of the Board-

Ayes: Baker, Cleere, Cordts, Hinman, Hirt, Strine, Zale

Nays: None

Absent: None

Motion for Approval: Ms. Cordts

2nd: Ms. Strine

Vote of the Board-

Ayes: Baker, Cleere, Cordts, Hinman, Hirt, Strine, Zale

Nays: None

Absent: None

6. Appeal of Richard & Mary Szymanowicz, 10 Sheldon Terrace, Spencerport, NY 14559 for two (2) area variances to allow 64 feet of 6’ high (5’high solid construction with 1’ of lattice) 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 #102.02-1- 63

Resolution #6-

Please Take Notice that at a meeting of the Ogden Zoning Board of Appeals held on August 3, 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: Ms. Zale

2nd: Mr. Baker

Vote of the Board-

Ayes: Baker, Cleere, Cordts, Hinman, Hirt, Strine, Zale

Nays: None

Absent: None

Motion for Approval: Ms. Cordts

2nd: Mr. Hinman

Vote of the Board-

Ayes: Baker, Cleere, Cordts, Hinman, Hirt, Strine, Zale

Nays: None

Absent: None

7. Appeal of Viktor Yakimov for property at 67 Ogden Parma Townline Road, Spencerport, NY 14559, for one (1) area variance on property located at same, to construct a 40’ x 24’ (960 sq. ft.) accessory building, whereas, no accessory building may exceed 600 square feet total floor area per parcel, regardless of lot size, pursuant to Chapter 210-28 F (3) (b) in an R-1 Residential District. Tax Acct #102.03-2-2

Resolution #7-

Please Take Notice that at a meeting of the Ogden Zoning Board of Appeals held on August 3, 2017, the appeal was tabled for up to 60 days.

Vote of the Board-

Ayes: Baker, Cleere, Cordts, Hinman, Hirt, Strine, Zale

Nays: None

Absent: None

8. Appeal of Robert Glynn, 790 Whittier Road, Spencerport, NY 14559, for an area variance on property located at same, to construct a 24’ x 36’ (864 sq. ft.) accessory building in addition to existing accessory buildings of 1,264 square feet for a proposed total of 2,128 square feet, whereas, no accessory building may exceed 600 square feet total floor area per parcel, regardless of lot size, pursuant to Chapter 210-28 F(3) (b) in a R-1 Residential District. Tax Acct # 115.01- 2-10

Resolution #8-

Please Take Notice that at a meeting of the Ogden Zoning Board of Appeals held on August 3, 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 hunting cabin be removed within 30 days of completion;

- That a building permit be obtained from the Building Department prior to commencing construction.

SEQR Determination: Type II Action Motion: Ms. Zale

2nd: Ms. Cleere

Vote of the Board-

Ayes: Baker, Cleere, Cordts, Hinman, Hirt, Strine, Zale

Nays: None

Absent: None

Motion: Ms. Cordts

2nd: Mr. Hinman

Vote of the Board-

Ayes: Baker, Cleere, Cordts, Hinman, Hirt, Strine, Zale

Nays: None

Absent: None

9. Appeal of Joe Gizzi representing Big City Sportswear at 3861 Buffalo Road, Rochester, NY 14624, for a special sign permit to allow three additional signs on the north face of building, 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, one or more signs 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 General Commercial. Tax Acct. #132.02-2-5

Resolution #9-

Please Take Notice that at a meeting of the Ogden Zoning Board of Appeals held on August 3, 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.

SEQR Determination: Type II Action Motion: Ms. Zale

2nd: Mr. Baker

Vote of the Board-

Ayes: Baker, Cordts, Hinman, Hirt, Strine, Zale

Nays: None

Absent: None

Abstain: Cleere

Motion for Approval: Ms. Cordts

2nd: Mr. Baker

Vote of the Board-

Ayes: Baker, Cordts, Hinman, Hirt, Strine, Zale

Nays: None

Absent: None

Abstain: Cleere

10. Appeal of Erik & Melissa Reinhart, 57 Beau Lane, Rochester, NY 14624 for an area variance to allow an existing 7’ 5” feet high, open construction fence, whereas, fences shall not exceed four feet in height in side and rear yards, pursuant to Chapter 210-47 A (8) (a) in an R-1 Residential District. Tax Acct #131.02-4-62

Resolution #10-

Please Take Notice that at a meeting of the Ogden Zoning Board of Appeals held on August 3, 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: Ms. Zale

2nd: Ms. Strine

Vote of the Board-

Ayes: Baker, Cleere, Cordts, Hinman, Hirt, Strine, Zale

Nays: None

Absent: None

Motion for Approval: Ms. Cordts

2nd: Mr. Cleere

Vote of the Board-

Ayes: Baker, Cleere, Cordts, Hinman, Hirt, Strine, Zale

Nays: None

Absent: None

11. . Appeal of Matthew & Kathleen Brady, 1255 Vroom Road, Spencerport, NY 14559, for three (3) area variances on property located at same, to install a swimming pool with a front setback at a distance of 50’, whereas, swimming pools shall be not less than 60 feet from the front lot line, pursuant to Chapter 179-2 in an R-1 Residential District. And to install 296 linear 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 # 101.03-2-18

Resolution #11-

Please Take Notice that at a meeting of the Ogden Zoning Board of Appeals held on August 3, 2017, the appeal for one (1) area variance for the pool setback 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.

- 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: Ms. Zale

2nd: Mr. Cleere

Vote of the Board-

Ayes: Baker, Cleere, Cordts, Hinman, Hirt, Strine, Zale

Nays: None

Absent: None

Motion for Approval: Ms. Cordts

2nd: Ms. Zale

Vote of the Board-

Ayes: Baker, Cleere, Cordts, Hinman, Hirt, Strine, Zale

Nays: None

Absent: None

Please Take Notice that at a meeting of the Ogden Zoning Board of Appeals held on August 3, 2017, the appeal for two (2) area variances for the fence was tabled for up to 60 days.

Jill Cordts, Chair

Vote of the Board-

Ayes: Baker, Cleere, Cordts, Hirt, Strine, Zale

Nays: None

Absent: None

IV. Approval of Minutes: May 2017

Resolution #12-

That the meeting minutes of May 4, 2017 be approved as written.

Motion: Mr. Hirt

2nd: Ms. Zale

Vote of the Board-

Ayes: Baker, Cleere, Cordts, Hinman, Hirt, Strine, Zale

Nays: None

Absent: None

Adjournment: Mr. Baker motioned to close the meeting at 8:46 p.m. seconded by Ms. Zale. All in favor.

Work Session: None

http://www.ecode360.com/documents/OG0089/public/387844419.pdf