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Village of Ogden Zoning Board of Appeals met October 5

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Village of Ogden Zoning Board of Appeals met October 5.

Here is the minutes as provided by the board:

Members Present                                    Members Absent


Jill Cordts                                                Kristen Zale

Aaron Baker

Frank Cleere

Josh Hinman

Jared Hirt

Barb Strine

Others Present                                        Others Present

Patrick Smith, Building Inspector            Judy & Joe Dyer

Michelle Laske, Building Clerk                Amy Noble

Ronald Refici                                           Jim Schrader

Lisa & Ben Lippa                                     Bruno Fallone

Marc Fallone                                           Dennis Jones

Paul Paddock                                          Max Yakimov

Jim DiStefano                                          Chris LaForest

Gene Lippa

This meeting was published in the Sunday, September 24, 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 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 #1

Please Take Notice that at a meeting of the Ogden Zoning Board of Appeals held on October 5,

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 exterior material mirror the primary building;

 That the accessory building not be used for 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:               Mr. Cleere

Vote of the Board

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

Nays: None

Absent: Zale

Motion for Approval: Ms. Cordts

2nd:                          Ms. Strine

Vote of the Board

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

Nays: None

Absent: Zale

III. Public Hearing:

2. Appeal of Amy Noble, 3440 Big Ridge Road, Spencerport, NY 14559, for two (2) area variances

to allow an existing 6’ tall, solid construction privacy fence, at property located at same, whereas,

fences shall not exceed four feet in the height in front yard, nor shall any fence be of closed

construction; pursuant to Chapter 210-47 A (8) (a) and Chapter 210-47 B (1) in a R-1 Residential

District. Tax Acct. #087.02-2-57

Resolution #2

Please Take Notice that at a meeting of the Ogden Zoning Board of Appeals held on October 5,

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:              Ms. Strine

Vote of the Board

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

Nays: None

Absent: Zale

Motion for Approval: Ms. Cordts

2nd:                          Mr. Baker

Vote of the Board

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

Nays: None

Absent: Zale

3. Appeal of Noble Peregrine Development LLC for property at 2 Ivydale Place, Spencerport, NY

14559, for an area variance to build a new home with a front setback of approximately 45 ft., on

property located at same, whereas, principal buildings shall be not less than 50 feet from the front

lot line, pursuant to Chapter 210-35.1 C (3) (c) ⦋2⦌ ⦋e⦌⦋i⦌ in an SC Senior Citizen Housing

District. Tax Acct. # 102.02-3-1

Resolution #3

Please Take Notice that at a meeting of the Ogden Zoning Board of Appeals held on October 5,

2017, the appeal was granted Approval.

SEQR Determination:             Type II Action         Motion:          Mr. Baker

                                                                               2nd:              Mr. Cleere

Vote of the Board

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

Nays: None

Absent: Zale

Motion for Approval: Ms. Cordts

2nd:                          Mr. Baker

Vote of the Board

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

Nays: None

Absent: Zale

4. Appeal of James DiStefano, 12 Ivydale Place, Spencerport, NY 14559, for a use variance to allow

a 12 x 14 shed, on property located at same, pursuant to Chapter 210-100; and whereas, sheds are

prohibited in a Senior Citizens District, pursuant to Chapter 210-35.1 C (3) (c) [5][a] in a SC

Senior Citizens Housing District. Tax Acct #102.02-3-6

Resolution #4

Please Take Notice that at a meeting of the Ogden Zoning Board of Appeals held on October 5,

2017, the appeal was withdrawn by the applicant.

5. Appeal of Chris LaForest, 70 Forest Meadow Trail, Rochester, NY 14624, for a conditional use

permit with one (1) area variance for an existing 1,000 square foot in-law apartment, on property

located at same, whereas, this is permitted subject to the issuance of a conditional use permit by

the Zoning Board of Appeals and whereas, square footage shall not exceed 750 square feet,

pursuant to Chapter 210-28.D (9) and one (1) area variance to construct a 10’ x 16’ (160 sq. ft.)

accessory building, on property located at same, whereas, the maximum land coverage by

accessory buildings allowable is 1%, which on this lot would equal 110 sq. ft., pursuant to

Chapter 210-28 F (3) (b) in an R-1 Residential District. Tax Acct #117.04-2-78

Resolution #5

Please Take Notice that at a meeting of the Ogden Zoning Board of Appeals held on October 5,

2017, the appeal for the in-law apartment was withdrawn by the applicant.

Please Take Notice that at a meeting of the Ogden Zoning Board of Appeals held on October 5,

2017, the appeal for the accessory building was withdrawn by the applicant.

6. Appeal of Paul Paddock, 4080 Buffalo Road, Rochester, NY 14624, for two (2) area variances;

one (1) to construct a 30’ x 50’ (1,500 square feet) accessory building, on property located at

same, whereas, no accessory building(s) may exceed 600 square feet total, and one (1) for 48

linear feet of 9’ tall open construction existing privacy fence whereas fences in side and rear

yards shall not exceed 4’ in height pursuant to Chapter 210-28 F (3) (b) and 210-47 A (8) (a)

respectively in an R-1 Residential District. Tax Acct #132.01-2-33

Resolution #6

Please Take Notice that at a meeting of the Ogden Zoning Board of Appeals held on October 5,

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 commercial activity;

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

lighting;

 Must be located 25 feet from the east property line;

 Existing structures must be removed within 30 days after the accessory structure is complete;

 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, Cordts, Hinman, Hirt, Strine

Nays: None

Absent: Zale

Motion for Approval: Ms. Cordts

2nd:                          Ms. Strine

Vote of the Board

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

Nays: None

Absent: Zale

IV. Approval of Minutes

Adjournment: Mr. Hinman motioned to close the meeting at 8:38 p.m. seconded by Ms. Strine.

All in favor.

Work Session: None

https://www.ecode360.com/documents/OG0089/public/394977118.pdf

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