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ZONING BOARD OF APPEALS January 22, 1974

A meet i ng of the Zon i ng Boa r d of Appea Iso f the Town of Ch iii Wa s held In the Chil I Administration Offices, 3235 Chi I i Avenue, Rochester, N. Y. 14624 on January 22, J974. The meeting we s called to o r do r by the Chairman, Mr. Hunter, at 8~00 P.fL

Ro I I Cal r: Robert Hunter, Chairman Janice Chapman Gertt"ude Tanger I Richard Harrington John Palermo Ray Steele Carle ~~ul laney AJso Present: Alfred J. Hei l ma n , Deputy Town Attorney • \'Iilliam A. Davis, Superintendent of Building Stephen Hes s a ! l , Conservation Board Liaison

i'1r. Hellman stated t he r e are four appl ieations that did appear in an authorized legal publ ication of the Town and affidavits of that publication are on fi Ie with the Town Clerk. Mr. Hunter stated Mr. Sterner doesn't happen to be here at the moment so vii II cal I a pp l ication H.

4. Application of Charles l'kC2jII, 3202 Chill Avenue, Rochester, N. Y. 14624 fOI" approval to operate a kennel on property CIt 3202 Chil j A'venue, 8 Zone. Mr. MeCai I appeared. Stated has three dogs, two cocker spaniels and a springer spaniel. On8 belongs to daughter and keeping for her bec8use cannot keep where she is living. Dog catcher stopped and said have to kenne I license. Nol that wan t to re i se dogs or show dogs, just got three mutts that I want to keep, one for my daughter and two for I mysel f. Mr. Hunter e s ke d what are ages ot dogs? Mr. MeCa I I stated a I I around 6 years old. Mr. Hunter asked any indication of how long would expect-to have three dogs, their I ifatime, or what is plan? Mr. MeGai I stated doesn't expect over two years at the most. Mr. Hunter asked how about as far as housing, In your home? Mr. McCall stated they have kennel, dog house and pen and only time out when feed and let exercise during the day. OtherwIse shut up 24 hours a day. Mr. Hunter asked recently moved to this address? Mr. MeCal I stated there since 1950. Quite a while. Mr. Harrington asked at the end of two years say daughter might be able to take dog at that time? Me. McCall stated expect daughter wi 1 have place of her own and wi I I be able to take dog or I even may be out of Center by that timei It Is commercial and may be out myself. Doe 5 n rt know. Vi 0 u Id I ike to s t ClY a s Ion gas can but c t 0 singin 0 n me tast. Mr. Harrington asked is yard completely fenced? [vir. Mc Ca l I stated backyard and sides.' Towards roadway isn't but dogs don't go in the roadway . Mr. Hunter asked v Is ua l ize any problem regarding noise or annoyance to the neighbors? Mr. MeCa II stated no. ~4r. Hunter asked spoken to neighbors ~ about now they feel? Mr. McCall slated asked Ber'nie Ba ke r , neighbor;" •to the rear and here now. In back of me on Paul Road, backs up to my property. I Mr. Hunter asked any other questions from the Board? Mrs. Chapman asked anticipate having any puppies? Mr. MeCal I stated two males, and one spayed female. No puppies. Doesn'T want to raise dogs. Had since puppies and right now girls cannot keep dogs where they are and 1n future hope that she wi I I be able to keep them. 1-41". Palermo asked what brought dog catcher down, complaints? Mr. Mceal I stated says complaints, say down The street. Doesn't know where did come from. stops at donut shop and probably saW dogs over there and probably that is Why. Mr. Davis stated I icense time, that is Why pick up. ..r.:~ ~F' 'i II:

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1269 CH1LI AVENUE 11 ROCHESTER r NEVV YORK 14624

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THIS IS TO CERTI F'Y THAT THE ATTAOHED LEGAL. NClTlCE(S) WERE PUBL1SHED iN THE..... ; ... GATES-CHILI NEWS . /~ l~rt~ ~ ~ ~. ""~ ~.( ~(~·7(/'- I.e Dal6 j",,-r .. So .. J• I"" _ c/.• I ...(. • /p " , ! IIII to '" / ," ~~d/{!~ SAJIFEL.:f.· SJlllTH (/~ ~~// . Pu&lisher

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______.. 16, 1974 _._...... I LEGAL NimCE I ZONING BOARD OF APPBALS January 22. i 974. A Meeting of the Zoning Board of Appeals of the~Town of Chili will be held in the Chili Administration Offices. 3235 Chili Avenue. Rochester•.New York 14624, on January 22, 1974 at 8:00 P.M. to consider the following applications: 1. Application of, Floyd Stern- er, Nothnagle RealtY. for ap- proval .of reney,ral of variance for sign advertising homes for sale. on property at Lot #226. Brian Drive. E Zone. 2. Application of Floyd Stern- er. Nothnagle . Realty. Jor ap- proval of variance to erect 2 signs on. property advertising "For Sale," one on SE cor-ner of Cnion and King, one on West side oJ Union Street at King Road, 'signs approx. 2' x 4'. E Zone..- 3, Application of Floyd S{erri.~ er, Nothnagle Realt;y'. for ap- pr-oval Of variance for real es- tate slsn on property located at 3535 Union Street. A Zone. 4. Application or Charles Me Call. 3202 Chili Avenue, Ro- chester, N,Y. l4624 for ap· proval to operate a kennel on property at 3202 Chili Avenue. B Zone. All interested parties are requested to attend. By order of the Chairman of the Zonlng Board of Appeals. ROBERT HUNTER Chairman

I I Zoning Board of Appeals January 22, 1974

r'~r. Hunra r asked If anyone wished to speak in favor of the a pp l l c a t l o n r t"1r. Bernie Baker, 841 Paul Road, stated neighbor in back of Charlie. I have dog, al I neighbors have dogs and what th~ dog catcher doesn't see, more power to him. Lot of dogs in neighborhood. MIne penned up. Got dog after many years for own protection. Neighbor for 19 years and nothing against those dogs, never see them, always penned up. More that I can say for other ne I ghbors. Mr. McCa I I stated does ta ke ca re of dogs, keep fed and keep in pen and try to do What is rlght. Deosn't let run loose and allover tipping garbage cans. Keep penned and t-ries to do wllat is right. Mr. Baker stated what I rttle we have over there, trying to keep. Getting hemmed out. I Mr. Hunter asked anyone else In favor? Opposed? No one appeared. - DECISIOI~: Granted for two year period, unanimous vote.

1/ J Application of Floyd Sterner, Nothnagle Realty, for approval of renewal of variance for sign advertlslng homes for sale on property at Lot #226, Brian Drive. E Zone.

Mr. Sterner appeared. Mr. Hunter stated this is sIgn in e x l s t e nc e , granted variance prevIously and apparently asking it be continued. Mr. Sterner stated correct. Mr. Hunter asked anything would I ike to say, in terms of how much more time you wi II need? Mr. Sterner stated pay for' who l e year but doesnlt~hlnk wi I I be there that long. lvlr. Hunter stated thinks probably have al I seen, any questions from the beard? Mr. Steele asked Same sfze sign? Mr. sterner stated yes. Mrs. Chapman asked same sign that is there? Mr. Sterner stated correct. Mr. Hunter s t a t s d thls Is single-sided sign, temporarily advertising subdivision, painted unlighted. On appilcatlon like this Board may allow permit for sign like this for up to one year period. Any other questions? Anyone Wishing to speak in favor or opposition? No one a ppe a red. DECISiON: Granted unanimously tor one year period. I #2. Application of Floyd Ster'ner, Nothnagle Realty, for approval of variance to erect 2 signs on property advertising for sale, one on SE corner of Union and King. one on West side of Union Street at I

Mr. Sterner stated these signs are erected a(so. Mr. Hunter stated again these are simple wooden signs, painted, unl ighted. Mrs. Tanger asked this isn't renewal then? Mr. Sterner stated no. Mr. Hunter stated could allow up to one year, Is that what you would I ike? Mr. sterner stoed yes. Mr. Hunter asked any questions from the Board? Anyone wish to speak in favor or opposItion? No one appeared.

DECISiON: Granted unanimously tor one year period.

#3. Application of Floyd Sterner, Nothnagle Realty, tor a pp r-ov a l of variance tor real estate sign on property located at 3535 Union Street. A Zone. i'J1r. Hunter asked is this one up on old homestead? Mr. Sterner stated - industrfal property righ-r by the old block b u l Iding. That is also in existence for probably two or three years. Mrs. ,_Tanger stated looks I like lf is leaning a little bit. Mr. Sterner stated needs straightening. Mr. Hunre r e s ke d what is size? ivlr. sterner stated 2' x 4 1 • MI'. Hunter ~sked requesting this for up to a year? Mr. sterner stated one year, right. Mr. Palermo asked wi Ilbe straightened out? Mr. Stet'ner st

DECISION: Granted unanimously for one year period.

The Board discussed purpose and duties of Zoning Board with repr~senta­ tlves from St. Pius X- Human Development Groups.

The Board discussed Dario Marcion!, io violation of zoning on property at Scoitsvi lie Road and Harold Ave nue , A letter wi II be sent to the I Town Board stating Board's views on this matter. Also discussed demo- lition permit for Pascarella's and report of auto repairs being made In residential zone on Pleasant View Drive, \'Iilliam Doyle.

• ROBERT HUNTER· Chairman

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ZONING BOARD OF APPEALS February 26, 1974

A meeting of the Zoning Board of Appeals of the Town ot Chi II WaS held In the Chili Administration Offices, 3235 Chili Avenue, Rochester,: ~~ew York 14624 on February 26, 1974. The meeting was called to order by Mr. Hunter, the Chairman, at 8:00 P.M.

Roi I Ca II: Robert Hunter, Chairman Janice Chapman Gertrude Tanger RIchard Harrington John Palermo I Carle ~1u Ilaney

Ab s e n t : Ray Steele

" Also Present: Patrick J. Pietropaoli, Town Attorney Alfred J. Heilman, Deputy Town Attorney • William A.Davis, Superintendent of Building

~,1r. Hei Iman stated e o p l ications for tonight are three in number and have been duly advertised in a paper so designated by the Town Board as one of the pe pe r s for legal purposes and affidavits are on file with the Town Clerk to prove that It has been duly advertised.

#1. i\pplIcation of Chili Legion Post #1830 (on behalf of Chili Legion Club, Inc., a not-for-profit corporation to-be), c/o Daniel L. II-lil[er, 569 Thurston Road, Rochester, N. Y.for approval of a varIance to contInue to use the property for non-profit organization as meeting house, located at SE corner of Chi I i-Scottsvi lie Road and Stryker Road. EE Zone.

Mr. Mi l l e r , Attorney for the legion post, appeared. Stated this is application of the Chili Legion Post #1830 who are in process of I purchasing Grange with the purpose and intent of using the Grange as legion home. At this time wo u l d like to amend application 1n t het a not-Jar-profit corporation will be established by the legion wh l c h will have slightly different name than Chili LegIon Post #1830. Going to apply tor this for Chill Legion Club, Inc. Reason for this is in the event at some future time, the national American Legion forsees or decides to con-fiscate or take over property, won't get it. Chili legion Post worked for excess of 15 years raising money through sausage roast and other events, stands to lose home. For this reason g01ng to take title to the home in the title of Chi I i Legion Club, Inc. Every member of the post wi II have dual membership in the club. Other po i nt here, Grange membersh i p over I est severa I years has gradu.':lll y decroased and members of Grange 96 find financially impossible to c ar rv burden of maintenance, heatIng and taxes on the property. Agreement worked o u t in the purchase contract would a l [01'1, submit copy to you attorneys to exam l n e , use of the hall for period of 8 years so will sr l [I ccn t l n ue as home of the Chi I i Grange 96 for period of at least 8 years. Intent of the legion to use II- as post home and foster ideas of American Democracy and promote citizenship and have educational activities as wei I as social for the adults of the community as well as post and children of the a r e a , This is all I have to soy. May be questions. •

Mr. Hunter as k s d wonder if you or member COlli d comment more spec if I c a I I Y wh a l nature of meetings would anticfpate, how many people in attend- I ance, how many cars would require. DefInite concern for parking. Wonder If could fi r I in and get visualization of how g01ng to be used. ~1r. David Ouwe[een stated have 110 members, approximately. Average attendance probably 35 at a meeting. Mr. Hunter asked saying 35 normal? What would be maximum number? Mr. Ouwalsen stated would dopend If continues to grow or stays In present 5~a~e. Like any social function, never have 100%, more or less nucleus. Regarding parking facilIties, already contacted Mr. Stryker and if the board ·it;' ... _-;;:"': .. _....

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1269 CHILI AVENUE __ ROCHE:STER~ NEW YORK 14624

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TH [S IS TO CERTIFY THAT THE ATTACHED LEGAl- NOTlCE(S) WERE: ?UBL~SHED IN TH g -, . GATES-CHILI NEWS .~,L..~, ;:L j 7 l".'iue Oated, .....",,,,--r• ...... , •••••••••••••••••o . f "'yo'••••••• , •• , - , • , • , •

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Notary fublicj State of N.Y. Monro! Co. ", ,tJ!y C-ommission Expires Mard13G, 192;t • ~.~ co - e,______~I LEGA~~OT;CE ....

~;~~.~. ~'J; r --:: ---;-, "'-;""ZONING BOARD OF APPEALS February 26, 1974 A meeting of the Zoning :' ,.,Board of Appeals of the 'Town -~-~'-iJrChlJj wm be held in theChili ". Administration Offices, 3235 :,:::,;'Ch1J.~, Avenue, Rochester,' N:Y, 2..~i4624 on February 26, 1974 at ~:':B.:OOP ,M. to hear the Iollow-. ~'frig aw.llcations: ~,,,,,,l': AppliCation of Chili L.eglon $;.~st '#!830, c/o Daniel L, ~, Miller_ 569 Thurston Road, Ro .. *"'·c!iester. N.Y, fot approval of ~';%.ria~e· to continue to use the ,'~:,property for non-prom organ- ':.~:Jzation as meeting house, 10- ':';;,i:'iJ,ted' at SE corner of Chili· :;:,',Scottsville Road - 'and"Stryker ~":-R'oad: EE Zone.' , ~~ . '~~Jqlplication of Angelo D'/>;.1'- ','3mif.'654 Thornas Avenue, Iron- ~:ll~uoit. N, Y: for approval of """Variance 10 construct home on '!.~p'~ei'siZed lot. approx: 0' from 1ii~i~~lot Hnes. front setback in ,:n'rne~--witlt '. existing' homes. ~.&J.(iCaled Lot 8, Bl)t. F, Harold ~t\:\Tenue: D Zone. ' ~. '.i{j)plicatlOI1'of'Linda Camp- !iii' bell, Manager, Stenwick Manor ~pts.. 30 " Stenwick' Dri\le, "5 Chul"'chvHle, N, Y. for approval ..1)1' vartance to erect signappr-ox, '"":: ,}.'. x 8', advertising Stenwick """,Manor Apartments, on property 'e-. at Slehwicll Drive and Chili :-Aveoue, E Zone. r.- r»: All Interested parties are ~Jl'!lqliested to be present, B~' ,=,,;order of the Chairman of the ~oning Board of Appeals, ~~oBERTHUNTER .. :~." l ~aj~:::i;;:::E~.:~~..~ r "'--,- «

.: .1 Zoning Board of Appeals february 26, 1974

approves fact that get post, he ha s spoken verba I IY that he is wi I ling to sell adjoining property for parking facilities. Mr. Hunter asked that would be to the east of that? Mr. Ouweleen stated to the east and toward south also. Didn't want to go right to cemetery 50 agreed could work something out and go both ways. Haven't any speci fic setup because didn't want ta commit himself until more of a fact than possibilIty. Mr. Hunter stated up to the board but doubt if would be willing to approve without good feel of what provisions gOing to be able to make for parking. One of the things going to be concerned I about. Mr. Pietropaol i asked how many spaces now? Mr. Ouweleen stated approximately one acre of land. i-'1r. PietropaoJ i stated b u i Iding only small portion, even if c o u l dn l f work out with Stryker, sufficient e land to accommodate additional cars? Mr. Ouweleen stated yes. Mr. Mf I fer stated minimum 30 cars for offstreet parking. Think membe.rs have been down at various functions and had cars parked on property. Minimuln of 30. Mr. Hunter asked normally evening meetings? Any day of the week? perhaps board has other questions. Mrs. Tanger asked how many and how often are meetfngs? Mr. Ouweleen stated once a month. Mr. Palermo asked how many functions a month on average other than meetings? Mr. Ouweleen stated through course of year, probably a dozen. Mr. Palermo asked would Stryker let you use his property for parking before you bought It? Mr. Ouweleen stated wouldnTt want to say at this point. Haven't met there up to this point. At fire department on Ch1 I j Avenue. Basement down there. Mr•. Hunter asked had occasion to taik to the neIghbors out there? Across the road or west of there? Do they real i ze appl icatlon being put in? Mr. Ouwel e e n stated believes one gentleman here, Warner, but doesnrt know if contacted. Mr. Palermo asked is that on west side? MI' Ouweleen stated yes. I Mr, Warner, Chi I i-Scot"l-svi lie Road, stated one question, say have chi l c r e nt s activities, what would that include? Mr. Don Carpentor stated children's activities like soccer-type program plus boy s co u rs , Mr. Warner stated knows Grange non-profit but held dances and terrific de nce s and pretty nearly got killed one night and doesn't want to happen again. Doesn't think Isgfon members would put on thing I Ike that. JUS"t- wanted clarified a bit. Mr. Carpenter s t e t e d legion supposed to sponsor scout troop, use for flags in cemeteries, etc. Mr. Ouweleen stated doesn't have intention to rent out for dance hal I. Mrs. Chapman asked boy scouts meet there? Or sponsor and meeting in other place? That Is a little ways out. Mr. Carpenter stated would normally be meeting there. Mr. Hunter asked Grange would continue to meet there? {vIr. Miller stated correct. under terms of purchase contract for 8 years. Mr. Hunter asked how often do they meet? Mr. Ouweleen stated twice a month. Mr. Hunter stated talking about 3 regular meetings, two from them and one from you plus maybe another one per month. Probably average once a week. Is that fair in terms of use of bui Iding? Mr • Ouweleen stated would say so at this time. First have to do a lot of sprucing up there. Heating, etc.

Mr. Hunter asked have you considered need for sign to go with ap p l I > • c e t t on ? Mr. Mi Iler stated thinks If and when deal is consumated we may feel want to come In and ask permission to change name or have I dual kind. Now says Grange 96 across the front, wouldn't want con- spicuous but something proper, no flashing sign, probably no n e-Ll Lurni nate d sign I would imagine. Mr. Hunter stated no need to include sign in this a po l l c e r l on but giving feel for what would anticipate later on. Zoning Board of Appeals February 26, 1974

Could anybody comment on normal hours of meetlnqs, start and finish? Mr. Owe lean stated generally meeting starts around 7:30 or 8:00, us- u~1 1y done befoee 12.

Mr. lIarrington stated probably thinking of applying for beer or liquor license for f he club. Mr. ~·1iller stated doesn't believe at this time. Once transfer consummated, since we are setting up separate corporation. I wil I hav. to establish by-laws. Would not be feasible that they would apply for beer license or somthlng of that nature. This is possibility but If there were any a pp l l ca r l on , would be private type I iC61'1Se. 81g problem now, fellows have worked on for number of years, .. I have had occasion to help. Dream of nucleus of amount 25 members ~ for post home and this is first time in 15 years h e ve possibility to obtaIn homa. Have made nodefinlta plans for thrs as to what would be dona. As you know from kitchen, will probably have to be renovations done to use It at al I. Mr. Hunter asked if anyone In tho audience had further questions. Anyone wishing to speak in favor of application? Messrs. Davld Ouweleen, 245 Stottle Rd., Donald Carpenter, 483 Chestnut Ridge Rd., Thomas Bresl in, II Starllte, Richard Carroll, 33 Jensen Dr. ~lllllam Harold Morhat, 24 Wills Rd ll Stevens, 1\79 Chestnut Ridge Rd., and Daniel Miller. 78 Archer Ro;;d, Indicated in favor of application.

Mr. Hunter asked If anyone wished to speak In opposition and no one appeared.

DECISION: Granted unanimously.

Application of Angelo D!Arplno, 654 Thomas Avenue, Irondequoit, N.Y. for approval of variance to construct home on ~ndersized lot. e pp r ox , 5' from sida lot I l ne s , front setback in line with existing homes, located on lot 8, b l k , F. Harold Ave. OZone. I Mr. D'Arpino appeared, stated this is plot and thIs is house plan. Mr. Hunter asked care to comment? Mr. DArpino stated knows under- sized and doesn't know if that l s house will put on. Just plot plan had made. Really wanted to know. if get 5% on e ac h side, Is 10% minimum? ~·lr. Hunter stated code calls for 10 ft. You are a s k I n q for less and asking how tar you can go. Up to the Board. Mr. D'Arpil'lo stated right, okay. Asking 5" because doesn't know what size house to put on it. l~r. Hunter stated would like to keep 15 ft. between homes. Very diffIcult to do down there because of lot sizes. Just telling as guidelines. Have map and wonder if you would show me If talking about same lot. Th Is Is Theron so that Is about 8th lot over. Is that the one talking about? Mr. O"Arpino stated right, and house next to ft. f4r. Hunter asked to the west? Mr. D'Arpino stated to the north, really. Mr. Hunter asked lot with weeds grown up and trees? Mr. D'Arplno stated pool right on the lot. Mr. Hunter stated got right lot. Mr. D'Arpino stated same man owns house a n d lot. 14r. Hunter asked pool sits here? Hr , LJ'Arpino stated pool sits on lot 8. House next door should be 9. Hr. Hunter stated s a y l nq pool he owns in on lot talking about. Mr. O'Arplno stated right. Mr. Hunter asked wi I I pool be removed. Mr. D'Arplno stated sold house and will- be moving. sell ing lot. Mr s , Chapman asked take pool down when moves? Mr. Palermo asked owns both lots, house on one and pool on other? Mr. D'Arplno stated right. • Mr. Dav l s asked this is Bianchi's print, isn't It? r-·k. D'Arpino stated yes, doesn't know what to put up. Stuck with house now and would I I ike to put up something people wanted. Mr. Hunter asked bave any Idea whan vou wl I l know? Mr. D'Arpino stated if co u I d get S' on each side 50 if vlanted 40' house. j.,Jr. Hunter asked trying to sell particular home rather than speculating? Don't know what person wll i ask Tor? Mr. D'Arplno stated right? Mr. Palermo asked what size? Mr. D'Arpino stated 40" or sp I it. ~1rs. Tanger asked garage w II I be incorporated? Mr. D'Arpino stated yes.

r~r. Harrington asked how close is house next to your lot? Mr. D'Arp[no stated must be same setup, about 5 ft. from the side line. ~,1r. Harrington stated only 10 ft. between home then. Mr. O'Arplno stated ZonIng Board of Appeals February 26, 1974

not sure. Mr. Harrington stated not ideal situation. How deep Is lot? I-II". D'Arplno stated 120 ft. t~r. Harr l nq't on stated would be better off to put house lengthwise. Mr. D'Arpino stated this one shows one side 10 ft. and on 13 ft. Mr. Harrington asked lot 50 ft. wide'! I·lr. D'Arpino stated yes, 30 ft. kind of small, cannot get much on 30 ft. Mr. Hunter stated this particular design would allow 10 and 13. Suggest- Ing somthlng Would allow ~O ft. where thIs Is 27 ft.? Mr, O'ArpTno stated rIght, garage on bottom. Mr. Hunter asked know anythIng about side 11~. on other homes? Mr. DIArplna stated doesn't know exactly I about that one. Mr. Hunter stated up to the board to decide if wi Illng to grant and If not, might grant something else. Might want to see plan of any home mIght COme up with. r~entron as possibility. Mr. D'Arpino e stated if get. bring co~ple sets of plans up. one out of three fer per- mit If gat approval. Have bigger home. Could I put this partIcular home on It? With setback and sidelines on this1 11,1". Hunter stated con- cerrt~d with reasonable distance between homes and provision for garage so won't later require variance for garage on property. Mr. D'Arplno stated garage wI j I be Incorporated. Mr. Hunter stated only ether thing, basic size of house In terms of distance between. Mr. Davis stated could make 3' wider and only ask for setback. Mr. Hunter stated 30 ft. house without variance for side- Iinas. Mr. Davis stated got 10 and could go over here another3 ft. 3v it x 46 as big as any house over there and only ask for setback In l t na wiTh OTher houses. )'11". D'Arpino stated bel ieves thIs is setback of other house. Mr. Hunter stated doesn't sound unreasonable. Mr. Davis stated 30 x 40 fair size. Mr. Hunter asked do you at this time have any hopes of a specific person that might be Interestod? Wonder- ing~how long a time might be before have better Idea. Mr. D'Arplno stated could be month or two monThs, wasn't going to close without approval. 141". Hellman asked ~Iould you be wIllIng to ask board ·to hold application or not act on it tonight. and When you do get somebody with pos l t l ve thinking, come back in at that meeting. say two months, and tell the board and have them act on this applIcation? Mr. D'Arplno stated I t coe sn t believe people who own the iot want to wait for me. I'lr. Pie- r~r. t r op ao t l asked you don t r own now? D'Arpino stated not yet. Doesn't want to buy unless get permIssion, jf refused, give up. Mr. Hunter stated norma 11 y a I low 7 or 8 ft. Mrs. Chapman stated but we expect p Ian show- ing what was going to be built and approved geared plan. r··1r. D'Arplno stated ~nows could get this, what about 3 ft. on each slde2 Mr. Hellman stated another alternative, board could grant variance to- night for 7.5 ft. on each side. Mr. D'ArpTno stated couldn't put bigger home because couldn't sell. r,1r. Heflman stated 35ft. home. Say granted 7.5 ft. and two months from now say person would like to request more. Could come back. At least know could build this house and if wanted to, ap p ly later date. r"ir. O'Arpino stated If know 6 or 7 ft. and I could bu lId on it. !,1r. Hunter stated knows board willing to grant ve r l an c a have In p~st. Mr. D'Arpino stated if something comes up again and want bigger home. come back again. Mr. Hunter stated one other thIng. don'+know side line distance of homes on either side. Mr. Heilman asked Mr. Davis If could get off prints? Mr. Davis stated otf tape maps. Mr. Hellman stated If accurate. Mr. Hunter stated only other way If could actually get them. Mr. Davis stated won't be any over 7 ft. Mr. Hunter stated assume 7 ft. e ~nd~ectd~jwhat you want to do on this on that basis. Other qUGstloning? Mr. Harrfngton stated doesn't think any of us would agree to 5 ft. on each side, much too close. Mr. Mullaney stated couldn't get vehicles, in back 81th 7.5 ft. width. Mr. H.rrlngton stated thinks 7.5 should be I maximum could al low. Knows lot would requIre variance but to request 5 ft. on either side very diffIcult thing. Mr. DtArplno stated had one in l r-onde'quo l f like this and problem with people next door. Hr. HarrIngton stated wouldn't want to purchase lot with that In mind. Mr. D'Arplno stated couldn't build too big home because of ne l qh bo r hood a on l v calls for $23,000 homes. Couldn't put decant ranch on if wanted to. This Is cheapest home could put up, or cape cod. Mr. Harrington stated thinks suggestion to come back and hold off wIth the knOWledge that you will be granted reasonable variance and come back when have definite plan and get exact :footage but don,t figure any more then.~\'lould ·~ecr,de to ke e p 7.'5 as maximum. ~·1r. Hellman stated that allows 35 ft. home. h1r. D'Arplno stated vou l d be too bad, s e t l s f l e d wIt h that, Bel t sves front setback Zoning Board of Appeals February 26. 1971f

25 ft. nextdoor. Mr. DavIs stated al I different, older house some 40, 25, 60. Thinks if want to check back, most houses bui It in last 5-6 yoars, 7 and 8 ft. none 10. Check 8ianchi. ~r. Hunter stated if you can be satisfied with vsrbal assurance to buy lot, hold and get specIfic plan and can final iZ6 rt. If you want to go other way, grant part wi I I ing to grant at this poInt and come back, another appl ication. Mr. D'Arplno asked could get 7.5 on each sIde, don't want too big a home. Mr. Harrington stated thinks that would be the l Imt t , r4r. Hunter stated would still I like to see other d Istance, if 3' 4 ft. wou Id be concerned. Mr. D'Arptno stated satIsfIed with 7.5 and If you want to check and send notice ••• Mr. Hunter stated hold hold eff and withfn month or two have e definite plan. If don't hear from you, check and s~e ~hat action to take and how It comes out. Mrs. Tanger stated know you can buy lot. Mr. Pfetropaoli stated said will accept 7.5 and when gats contract, come back if wants to do something different. Mr. Hunter stated can act and will allow va r l ance , Mr. D'Arplno stated take 7 or 7.5 Whatever. Mr. Harrington s~ated suggesting you amend to 7.5 variance on either side. Mr. Hunter stated and not less that existing homes on front setback. Anyone wish to speak in favor or opposition to the appJ icatlon? No one appeared. DECISION: Granted SUbject to receiving approval frem MCPD. Amended to 7.5 feet from side I lnes. front setback even with eXisting homes. 3. App l lc at lon of Linda Campbell, Manager, Stanwick Manor Apts. 30 Stenwick Drive, Churchvl lie. N.Y. for approval of variance to erect sign approx. 4' x 8·, advertising Stanwick Manor Apart- ments, on property at Stanwick Drive and Chll I Avenue. E. Zone. r'1rs. Campbell e ppee r e d, Stated has just small, no artist. large attr~ctjve I sign which Is 4 ' x 8'. Top stated Stenwick Manor and states what VIe have, opening In the apartments, 2 bedrooms, I bath, a pp l l an ces , fully carpeted, etc. company Insignia. White sign with gold and black lettering. Also would j ike permission for sign with arrows to designate where VIa are at so anybody who wants information knows where to reach us. Ooesn't know exactly if famil tar, circle and would like permission to erect 4' x 8' sign in the center of the cltcre when we have vacancy. Not something that would be here permanently. Just when we have a vacancy, fo~~ut It up. Arrows would be permanent sighs and located throughout the cirCle. Mrs. Chapman asked not on buildings? Mrs. Campbell stated not on bu l l d l nq ,

Mr. Hellman asked c l r-c le ita l k l nq about sits in about 150 ft. from Chili Avenue? Mrs. Campbell stated right? clear off road. Mr. H.eilman asked mall in midrJle'l Mrs. Campbell stated enclosed grass area with trees planted. 1·1r. Hei Iman asked indicate where you want to put sign? /·1rs. Campbell stated s oub t e posts. Mr. Hellman asked and hang sign on whenever vacancy? Mrs. Campbel I stated probably pipes that screw that you attach to the back and ~/hen set s Iqn wi II screw posts l n and attach sign to post so post wonlt be there when sign Is not. Mr~ Ple- tropaol i stated that street and that green thing in the center has been dedicated to the town. Town property and pravate corporation cannot e erect signs on Town property. Now tel I us where you want to move sign because cannot put In c l r c l e , Mrs. Campbell asked doesn't towntake care of lawn care In that circle? Mr. Pietropaoli stated Town probably I should, Town property. Mrs. Campbel I asked what Is ordinance about so many feet off main roads for signs? Had thought about putting in off Chill Avenue, thought you put something closer so could see from Chi I i Avenue. Off to the side. Mr. Pletropaoll stated difficult for the board to located sign. Perhaps ought to stUdy and decIde What would be better location, Could hold open and come back. Mrs. Campbel! asked what are rules or ordinances against sign so know what we have to work with? Mr. Hunter stated no definite ordinance. concerned when put up in relation ta road or street, done in way won't obstruct traffic. Mr. Pletropaol istated ha s to be on private property. Have someone tell where property l l ne 129

Zoning Board of Appeals February 26, 1971\

starts and m~p an~ get sign locatIon so many feat off lIne to locate 51gn. Mrs. Campbe I I stated no set ord Inan c e , can come 1n an d presen t after find whera property lines are. Mr. Hunter stated come !n whore you would suggest. Many tImes ask Supt. of BuIlding supervisor Insta! 1- atton so have assurance it Is o k, Mrs. Campbell -stated drive comIng In not even any hope of constructing decorative sign to designate Stanwick Manor. This Is why I am here. Mr. Pletrlpaoll stated unless have arrange- ment with property owner to put sIgn on privata property. Could work out. Mot sure property owners in the area would 61 low or be Interested. I Town sIgn on Town property and that 15 where we tocated town sign. Mrs • .. Cam pbe l I stated wanted to know ordinances and what we. had to work with. Mr. c- ,., Pletropaol I stated also might suggest that in the process of deciding wbere you want to locate large sign., bring sketch back for the board of { where you might want to locate I ittle sIgns. Not even sure big enough to .~ come under ordinance. How big 15 it7 Mrs. Campbel I stated dIdn't measure it, Mr. Hunter stated if under 2 sq. ft. wouldn't need permIssion. Board has used ground rule In terms of size generally lImIt slza to maxImum of 32 sq. feet wh Ich yours Just Is. Mrs. Campbe I I stated res 1dent Ia I area to us as well as to house around us. Dces n l twan t big signs, wanted l l r t le but ea~lly sIghted and thIs Is what came up with. Mr. Hunter stated appreci- aterthought of getting away from road, I ike idea of what trying to do. Mr. Pfetropaol I stated whole road dedicated to the Town because concerned about school buses and ••• ~. Mr. Davis asked got quIte a bit on each side of road, Is that part of It? ~·1r. Hunter asked what is width of rlght- of way? Mr. Davis stated quite a dIstance, doesn't know how much dedI- cated to the Town. MIght have room on the sido without going on neigh- bors property. Mr. Heilman statod attorney's have survey maps. Mr. Ple- tropaol I stated maps and lay-out maps and IndIcate where right-af-way con- veyed to the Town is and what is left as private property and within borders of provete, have to select location. Mrs. Campbel I stated saying could be ample room and wi I I show by the survey. Do you have any designated area so many feet.ott the street? Mr, Hunter stated main concern to keep back from Chi I I Avenue. I~r. Pietropaol I stated back from Stanwick because of plows I and if rIght on pavement and wing man doesn't do job, might have to replace ~I sIgn. Mr. Hunter stated another concern neighbor on the corner. Guess what we would plftnLto do Is reserve declslcn If you can check out and come back at next meeting in Mar~h and present proposal and ceme to agreement ~nd can act on It that night. Mr. Hunter asked if anyone in the audiance wished to speak In favor or opposltlan7 Mr. Melrshall Hughes, Chl l l Avenue, stated l t e e s on the corner. Doesn't know it opposed or not. Real concern is exact location of sign. Of course, whon they built the place got Into pretty heavy and under the impression that that strip of property from Chi Ii to the cIrcle between two prIvate properties on Chili is completely Town pr op e r t v , r··1r. Pietropaoll stated it Is, we own that. Mr. Hughs stated If want to put signs ~n front lawn or in that area., no objectIon to that, but If near road ••• Mr. Pi etropaol i stated c an not do that. Not un Iass you want to lease ~ piece 6t the HU~h estate. Mr. Htrnter stated might suggest when you come to some feeling of your own as to where you want to have it, show to Mr. Hughs before you come t • to the meetIng so knows where it is. Anyone else wish to speak1 \ No one appeared. 1 \ II DECiSiON: Reserved pending receipt of more intormation from erpl Icant.

Mr. Harold Ford appeared Intormally to discuss reapplication for fruit stand on property on Ch It i Avenue.

ROBERT HUNTER Chairman kl ZONING BOARD OF APPEALS March 26, 1974

A Meeting of the Zoning Board of Appeals of the Tow n of Ch iii was held in the Chi I i Administration Offices, 3235 Chi I i Avenue, Rochester, NevI York 14624 on March 26,1974. The meet j ng was ca I led to order by the ChaIrman, Mr. Hunter, at 8:00 P.M.

Ro II Cal I: Robert Hunter, Chairman Janice Chapman Gertrude Tanger Richard Harrington I John Pa I erma Raymond Steele Carle Mul laney e Also Pr-e se n t e Patrick J. Pietropaal i, Town Attorney Alfred J. Hei l man , Deputy Town Attorney

Mr. Heilman stated 9 applications have b e e n rp u b l I a h e d in the paper of legal circulation as desJgnated by the Town Board and affidavits are on file with the Town Clerk stating applications have been duly pub I i shed in the Gates-Ch iii paper.

#1. ApplicaTion of Slade & Suter Co., Inc., 272 Alexander street, Rochester, New York for approval of renewal of variance for for-sale sign on property located at 997 Beahan Road. A Zone.

Mr. Ed Wi I I is, Associate Broker, appeared. I~r. Hunter srated existing sign askIng to have renewed. Mr. \1i I I is stated contInuance of the renewal; Mr. Hunter asked maximum of one year for sign I Ike this, that is what you would I ike? Wooden sign, roughly... Mr. \'Ii II is stated 4' x 8'. Mr. Hunter asked any other questions? Mr. Palermo asked same sign, same location? r~r. vii J I is stated take good I care of it. Blown down twice. Put up again. Mr. Hunter asked how long has it been up? Mr. Willis stated two or three years. InqUirIes every so often, some could be good. Never can tel I. l nre r e s ts not promoting comme r-c ta l and industrial aspects of the Town of Chill.

Mr. Hunter asked if anyone wished to speak in favor or opposition to this application and no one appeared.

DECISION: Granted unanimously for one year.

#2. Application of Charles Page, 4350 Buffa 1.0 Road, North Chili, New York 14514, for approval of renewal of variance for sign, 3' x 4', internally illumlnated, attached t o building at 4350 Buffa 10 Road. B Zone.

Mr. Page appeared. Stated present sign t-hat Is up, Pepsi-Cola wl r h Pages on it. Mr. Hunter asked double-faced sign? Perpendicular" 'to the front of the building? Hours of illumination? Cannot recall conditions. ~'lr. Page stated hours open, 4-11~30, I~OO on Friday, Sundays 4-iO:00. Mr. Hunter asked basically asking to be continued on same basis? Mr. Page stated correct.

Mr. Hunter asked if anyone wished to speak in favor or opposition and no one appeared. • DECISION: Gra n t e d unanimously for four years or as long as business ~1r. I is owned and operated by Page, wh l c he v e r time Is shorter.

#3. Application of Anthony Su n z e r l , II Meeting House Drive, Rochester, !'Jew Yo r k , for approval of variance to erect two car garage 5 ft. from west Jot I i ne , located II Meeting House Drive. E Zone. .... ~., k :- ---~ " ...... t: K .. ~.. I, -':"'--~""-" . !tates.NEWS.Chili

1269 CHILt AVENUE • ROCHE5TE:R 1 NEW YORK 14624 l~.f(" ,~.J..-.J1. .1~' DATE.. .. .

THIS IS TO CERTIFY THAT THE ATTACHED LEGAL NDTICE(S) WERE F1UBLISHEO IN THE:·· . I3ATES-CH I LI N E't'S Issue. Dttf.cd",. ~.. h:l..!. 'f..1.Y:...... """ .,. -. _" ...

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f~ ~ • ~ ~~ . :~.~...... •••••• .~., .. '" .,.lh:Jf. '"'' ~ Nota,.,..: SA iEL J. ssuru ;-,;. tr. f _CONWAY Pu.blisher tItJtary PufJlfc; state of N.Y. Monroe Co. _ er~ .... My Commission &pires March 301 197"

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I I .J _.. ~ b=a'~ 7 ~ .... ~ ~ '~ r:· .- t£8Al MonCE" ... ~:~:~ C7:e~ i:~9.~r;lG-BOARD?F APPEALS :';:':MarclJ 26. 1974 '-":~:':-::L m~eting 'of the Zoning I:~~ardof ~ppeals .of the Town ~~- o,:;Q~. Chili will be held in the ,.;:,- ...... ~~C.bDi '. Administration Offices, ~~.. :::'3235 CbjJi Avenue, Rochester, 0'".;.;... ~-..-...:!. :p1itew..York 14624 on Ma.rch 26, ~2_~ ~1914 at 8;00 P.M, to consider ~ '~~i ~~{oUowing applications: ., rr:<~~"'1i ~ ~ .Application of Slade & Suter -;"'- t:ttr;:)~.c:" 272 AleJCanderStreet, ~~.~ nllo;J~tJhester .s: """""'" ltV , N.Y: .for approval ~;~:;::l: '~reilewalof variance for for- ';\ ~,..... ~s~u~ ~..- sign' on. property located .:-1 ~(o:.al ,~~i7 Beahan ~oa~. A Zone, ~2ll.ppl1cation of Charles Page. . 4350'~iirtalo Road, North Chili, ~'1\rY, .. for approval of renewal *':';bC var-iance for sign. 3' x 4', ;;;:lmel'rially illuminated, attached ::...:. to building at 4350 BuUaloRoad, E·}3·zone-:. . .. ~ ~. App1u::ation of Anthony Sun- ~z.erl,---U Meeting House Drive, . ¥¥.R5Che·ster, N.Y. for approval ~'or' variance ~ to erect two car _ ~gifFag~ '5. fC frofu west 19t ( ;,.;.!i)1e;' located at ll. Meeting j;!!"J!, House Dr. E Zone, ;,; =-4.-.. ~ppli~ation of Harold Ford, t' '230 Chestnut Ridge Road, Ro- ~nllester. N.Y., for approval of -t;'." variance to erect a 20 x 25,.,j .--- ~:;egetable stand and sell farm ~".:) ~~;';:-£rodu.ce. 5/1·· 1111 at 266S I. : ".cuu Ave, on 250' x 300' lot. ;, . e Znne. t ~::."" 0. Application of Margaret t:~--S(eg;-1610 DavtsRoad, Church- t;...vl1le,N.Y. Tor approval of reo ...... ;~:, -riewal of vartance to operate ,.;. kennel at 1611) Davis Rd., for ~';::o1.'f Yl"';' p-eTIod. EE Zone, ~·fi.-1\WHcation OJ Ronald Pi- Lt:~~t. ~ 1020 Paul Road, Roches" ..' N.Y. for approval of re- ~. newal of variance 10 operate .. ~:. ~e~l):.•f,\rl~~. in, re~iden:e at \y..,.:1012, Ea~llfoad. Ji.'ZO?e. ,--:- ,.~3,~.t!QQ:[lc·alion>-"b1" Mary-"'and _ Jhi.I'r:V·,'VOughl:~{r8T 'Marshall -,'- __'&'-'-.=....:..0...... • -:._-:.~--- __._.__'..-L-_

I' (J~' 1, " ,If

Zoning Board of Appeals ~Jlarch 26, 1974

Mr. Sunzeri appeared. Mr. Hunter stated submitted plot plan, talking about lot 90' x 176'. Mr .. Sunzeri stated would look like His I guess. Mr. Hunter stated markings are wrong. This is front yard. Would be more reasonable for 90 ft. frontage. Mr. Sunzsrj, stated markings wrong. Mr. Hunter stated should be turned. House 40 ft. wide. Got 40 ft. house on 90 ft. lot. On side talking about buIlding garage have 25 ft. Proposing to take 20 ft. for' the garage, correct? Mr. $unzeri stated correct. Mr. Hunter stated has seen home and sure OTher members of the board have. As recall does have TWO car incorporated garage in home. Mr. Sunzeri stated under the I house, correct. Mr. Hunter asked why appl ication? Mr. Sunzeri stated wh e n built ho u s e j vmv garage is lower than the sewer lines. Bu l l de r- dog hole and put crock in to frost line. E'lerytirne there is e water, goes into crock, into sump pump and have to pump out back. Right in driveway between doors of garage. 2 ft. wide partition between them and in ground level crock wi t h steel grate. Did that 6 months after moved in. Mr. Hunter asked when did you move in? ~'lr. Sunzer j sta-red 4 years ago. Mr. Hunter asked how wIII what you are proposing help solve problem? Mr. Sunzeri stated higher ground. Garage below house and want to bac k r l II and plant grass and put garage on high part and el l m t nate water t h r o uqh pump. Mr. Hunter asked present garage floor lower? Mr. Sunzeri stated take garage doors off and bui ld in with grade wall. Got family room, raised ranch, family room to the side and garage next to It. Just make playroom or canning area or Whatever she wants. Mr. Hunter asked floor levels The same now? l¥1r. Su n z e r i stated fami 1'1 room up about 3 Inches. Little curb now. Mr. Hunter asked how much WQuid you raise present garage floor then? Mr. Sunzeri stated none, leave like it is. Stop water t r-om coming in, brIck and cover over. Make garage. t~r. Hunter stated b l o c k access to the house from water. In terms of homes to the west near where the garage wi I 1 be built, what is d l s t ance from home next door? Mr. Sunzeri stated 50 ft . Mrs. Chapman asked between two houses? Mr. Su n z e r I stated yes, mine 25 and his 25. t,1r. Hunter stated 50 ft . total, would stifJ have 30. Mrs. Chapman stated that is bedroom end. Mr. Hunter asked is his I garage same side as yours? Mr. Sunzeri stated to the west. This is h l s: fami Iy room.

Mr. Hunter asked have you talked to neighbor in particular about thIs? Most directlv affected. Mr. Sunzeri stated talked about two years ago. Since then he and wife split up and never home. Mr. Hunter asked not abls to talk to him? Mr. Sunzeri stated not happy when first talked to him but since then s p l it up and don't see him too often.

Mr. Steele asked how much wi II you raise garage above road grade? Mr. Sunzeri stated about 3 ft. Mr. Steele asked on present ground't Mr. Sunzeri stated yes. Mr. Steele asked change roof I l n e ? Mr. Sunzeri stated garage won't be as high by about 2 ft. Mr. Hunter stated essentially two stories and one story alongside. In terms of materials, same siding and pitch of roof? Mr. Sunzeri stated same pitch, got natura! siding and thinks going to cover eventually with mineral siding or something. When bought house told would turn white or something. Turned every different color but white • 16 different colors and not happy with it. Eventually ne\" siding.

[vir. Hunter asked new home when moved in? I~r. Sunzerl stated brand new. Ryan b u i It them. Mr. Hunter asked talking single car garage? • ~Iould l>1r. Sunzeri stated one 20 ft. garage, I 1/2 car garage. like I bigger but no room. Mr. Heilman asked any easements along that side? No drainage I ine that you know of? Mr. Sunzeri stated doesn't think so. Mr. Hunter asked water drarnage from crock into sump pump? Mr. Sunzeri stated yes, first flooded f I r s f ye.ar an d half garage was full of water. Mrs. Tanger asked isn't drainage ditch behind houses? Mr. Sunzeri stated yes but way above that. 4" lower than ~hr;:; street 50 Zoning Board of Appeals March 26, 1974 every time it floods, water domes down driveway. Mrs. Tanger asked only one With problem? Mr. Sunzerl stated guess so, rest of neIghbors haven't complained •. Mr. Hunter asked if anyone wished to speak in tavor or opposition and no one appeared. DECISION; Reserved pending comments from MCPD and discussIon with -- Superintendent of 8ui Iding. #4. Appl ication of Harold ford, 230 Chestnut Ridge Road, Rochester, I New York, for approva I of. va r i ance to erect a 20 x 25 foot vegetab 1e stand and S8 II fa rm produce 5/1 to I III at 2669 Chili Avenue on 250' x 300' lot. E Zone. e Application withdrawn at hearIng.

#5. Application of Margaret Steg, 1610 Davis Road, Churchville, New York for approval of renewal of variance to operate kennel at 1610 Davis Road for 5 year period. EE Zo~e.

Mr~. Steg appeared. Mr. Hunter asked care to comment? Mrs. Steg stated same thing as operated for last 10-15 years only fewer dogs. Used to have 10, now only 5. Mr. Hunter stated 5 dogs. Do you breed them? Mrs. Steg stated has. one female 10 years old, kind of out of it. Does periodically. Mostly clipping and boarding in the kennel. In the middle of 130 acre farm. Mr. Hunter stated has seen home. Basically where are the dogs kept? Mrs. Steg stated In kennel b u I Iding with run.'; in back of house to the west. Mr. Hunter asked roughly how far off the road? Mrs. Steg stated about 400 ft. Quite a·ways, good distance. Ce nncr see too well from the road.

Mrs. Chapman asked is the 5 years standard period on this? Mr.· Hunter stated up to the Board. Mrs. Chapman asked granted for five years before? Mr. Hunter stated 5 years the previous tims, but I agaIn, Board may do as it wishes. Mr. Palermo asked anticipate more than 5 dogs? Mrs. Steg stated fewer please. Mr. Harrington asked all the same breed? Mrs. Steg stated no, 2 schnauzers, Engl ish Springer and Cairn terrier. Mr. Steele asked board dogs too? How many, up to 20? Mrs. Steg stated varies, 4th of July might have 10. Generally during holiday times. Mr'. Palermo asked pius 5 or including 5 of your own? Mrs. Steg stated plus 5. Mr. Hunter asked anybody ever complained? Mrs. Steg stated nobody is close enough. Mr. Hellman asked what Is most ~umber of dogs have faci I ities for? Mrs. Stag stated facilIties would be 15, nerves about 10.

Mr. Hunter asked If anyone wished to speak in favor or opposition and no one appeared.

DCCISION:. Granted unanimously for 5 year period, no t more than i5 adult dogs.

#6. Application of Ronald Pikuet, 1020 Paul Road, Roches·ter·, New York, for approval ro operate beauty parlor In residence at 1020 Paul Road, renewal of variance. E Zone. Mr. Pikuet appeared. Mr. Hunter stated this was previously granted for five years. Tell briefly what interested In? Refresh memory and get on record. Mr. Pikuet stated renewal to operate beauty shop • in my name. Shop In mother's name betore, partnership dIssolved so business in my name but everything continues as before, simply I to renew variance. Mr. Hunter stated note I have of previous granting said two opera~or shop, same? Mr. Pikuet stated mother works part- time, pretty much sole operator. J33

Zoning Board of Appeals March 26, 1974

Mr. Hunter stated also included 2 sq. ft. sign, illuminated, to be placed about 10 ft. from l of line. Mr. Pikuet stated there Is a sign but haven't Illuminated and doesn't anticIpate. Only thing might I ike if would repaint sign, to have little larger so more border and something other than square 2 ft. sign. Mr. Hunter stated that would have to be a separate application if you want to do something l i ke that. Mr. Hunter stated saying capable of I ightlng but not I ighting. Previously said not later than 9 P.M. Sti II OK? ['

Mr. Hunter asked if anyone wished to'speak in favor or opposition and no one appeared.

DEQISION: Granted unanimously for 5 years.

#7. Appl ication at Mary and Harry Vought, 681 Marsha II Road, Ro c he ste r Now York for approval of variance for 54 ft. setback to a l l ow moving garage forward and bur Iding addition to front of residence at 681 Marshall Road. D Zone;

Mr. Vought appeared. Mr. Hunter asked care to tell what this 1s about? Got plot plan and picture. Mr. Vought stated WQuid I ike to move garage forward about 10 to 12 feet, and put fami Iy room behind and ~Iso 10 to 12 foot extension on the front. Setback approximately 60-64 feet from the road. Walt Pelkey's and mine were first of new section supposed to be put on Marshall Road Ext. Never completed. Set I back about 3S ft. from existing houses. ~4ine and Walt's only ones set back this far. Would like variance to move garage and put addition on front. Mr. Hunter asked picture Is what? Mr. Vought st ar e d shows my house and fIrst house next to mine. Mr. H~nter asked back out to road? What is setback next door? Mr. Vought stated thinks about 35 feet. Mr. Hunter stated what you have asked for is 54 feet. Actua I I Y 6 feet closer than what calls for. ~·1r. Heilman stated sideline no problem because staying para l l e !, Mr. Hunter ste t e d new gal'age and front of home in one line? Mr, Vought stated yes. Mr. Pietropaoli STated adding study and fami Iy room? Mr. Harr1ngton asked setback of houses in picture, approximately? Mr. Vought stated would estimate 35 ft. We are about 25 feet more, Mr. Harrington asked setback 60 and 68 to garage no w? Mr. Hunter stated notice plan marked home and office. Mr. Vought stated friend drew plans, thought wanted office, study, do research work. Mostly for library. Mr. Hunter stated knew didn't see. any signs.

Mr. Hunter asked If anyone wished +0 speak In favor or oppositIon to this application? No one appeared .

DECISION: Granted unanimously pending approval from MePD.

#8. Appl l c at l o n of stephen Grippo, 110 Hubbard Drive, North Chi I i , • New York for approval of variance to erect garage and additional I room approximately 5 ft. from side lot fins, located 110 Hubbard Drive. D Zone. Zoning Board of Appeals March 26, 1974

jAr. Gt'ippo appeared. Stated house roughly 40 ft. long, 38 ft. Want to put garage on, set back 2 feet. This Is looking at side of house. Setback 30 feet. Extend out to 40 feet, put on 18 x 22 garage which wou l d be walled in here someplace and add room for the kids, r e c room or someth i ng because house not that big. t~r. Hunter asked I oak i ng north? Mr. Grippo stated right. Mr. Harrington asked this would be front of the garage? Mr. Grippo stated new from here to here. Mr. Harrington asked 40 feet deep with firewal J and family room of some k I n d ? Mr. Grippo stated right. Added room last year, extended out hereI with roof line, came right down. Added this which is 16 x 25 upstairs. Bu i I t on back of house. I f you l o o k from Buffa 10 Road you can see. Nice. TakIng off aluminum siding. Have panelling type wood which would extend to match with rest of the house. Couldn't finish because ~ got cold and started to snow. ~

Mr. Hunter asked what is thIs view? Mr. Grippo stated front of his house. He is on south side of me. Right on corner of Buffalo and HUbbard and has taken rough.measurement, 115 feet. stewarts sitting In behind but next to Mattison and notified people. Mr. Steele asked empty lot next to you? Mrs. Tanger asked Mattison 'owns fat next to you? Mr. Grippo stated yes. Mr. Hunter asked this says 6 feet where application says 5, changing it·? Mr. Grippo stated yes, going to be closer to 5 feet. Wouldn't want to go over 5. Mr. Hunter stated s av l nq this is probably 5. Mr , Grippo s ta t e d if any change, which I doubt.

Mr. Hunter stated this is lot that is vacant, thought might be yours. Belongs to Mattison. Is that separate lot? Mr. Grippo stated doesn't know If owns all of that but owns all of that, big trees alongside. At one time wanted me to buy property, or part of it. Mr. Heilman stated 'Iooked at abstract on Hubbard Drive one time, restrictions as far as houses if lots undersized. House he has may include one of those, pertains at other end of road so might not be able to bui Jd on that anyway. Mr. Hunter asked know about those restrictions? Would be concerned about that Jot if separate, if sold or estate would sell. Mr. Grippo stated must be because wa nt e d me to buy lt, I Mr . Hunter stated supposing would sell to someone who wanted TO build a house. Come in with this and say they build to code, ha ve f5 feet instead of 20. Mr. Hellman stated if those homes part of that tract, cannot bui l d vh o u s e on lot in that tract unless full-sized fat. Mr. Grippo stated doesn't think enough backyard. If set house 35 feet back, not' much backyard. Mr.• Hunter stated wou i d like t o suggest in view of the question, since In tract maybe~ought to do it, ought to know situation. Mr. Hellman asked did you talk to him? Mr. Grippo stated no objection from anybody. MattIson. Matheson, and Stuart, no objections, approached b e cau s s of wei l . Garage extending out and close to the well. That is why instead of 4 feet, 5 feet and have to go out beyond so don't interfere. Only two people on that wei I and thinks eventually wi II get off. Mrs. Chapman asked who does well belong to? Mr. Grippo stated my property. Only two people now. At one time 8 to 10 people. Everybody off when water went in and these two only ones left on. st ue r r and Matheson across the street. f.'1attison not on. Mr. Hunter asked. on your particular well? f·-1r. Grippo stated r i gh t. Mr. Ifunter asked did you say looked on Town maps? ~·1r. Hellman stated e no, but we can. That might not be in that tract. Know at other end, d o e s n I t know if ho.us e is on that and ml ght have been bu II t first but there is subdivision with tract restrictions. Mr. Grippo stated my house 38 years old. Mr. Pietrop

lot? Mr. Hunter stated we can check that, more concerned about trdet r es t r l ct l on s . Are you in there and if this is in It and what r e s t rl c> tions are there. Mr. Grippo stated no problem, see tomorrow anyway. Mr. Hunter stated probably won't make decision untl I next Zoning Board meeting. Mr. Hunter asked if anyone wished to speak in favor or opposition to this application and no one appeared. DECISION: Reserved pending receipt of further information from I a pp l Lc an t, #9. Appl ication of Stanwick Manor Apartments, 30 Stanwick Drive, e Churchville, New York for approval of variance to allow o u t s I de storage of refuse in dumpsters. MR Zone. Mrs. Campbel I appeared. ~'r. He! Iman stated In way of background, people took over Stanwick Manor Apartments two or three months ago. \~hen came, outside dumpster left by builder and continued to use for garbage. Real ized weren't supposed to be doIng because no variance ~o came to PlannIng Board. Spent long time discussing problems they have with garbage. Serious problems. Kept downstairs and great deal of work wrth I ining bins, etc. Apparently some people not keeping within rules and wanted outside dumpsters. Asked before Planning Board to go other places and see how done. Also try putting garbage by curbs one day a week for pick-up; Came back at iast Planning Board and told us had gone through Meadowbrook and entrances wider so can bring trash carts for garbage in and easier to move. Indicated under our zoning code as it exists and apply tonight section deais with storage of trash and b.cause Want to have dumpsters enclosed and would have to come for variance. That is why here tonight. Mrs , Campbell stated 2 weeks ago approached PlannIng Board a qa In after going to Meadowbrook and checking faci II t Les , We have inside garbage rooms. Have found smelly. Garbage disposals but don't ta ke I care of everything, disposable diapers, etc. Trouble with rodents inside buildings. One ran down between my feet or I probably wouldn't be here. Had been bagging trash from each bu l [ding and putting around circle which town owns and had pIcked up twice a weel to ellminete trom trash rooms. Whole week of trash too much. Even have two days a week pick up. Mr. Hughes at 3800 Chi I i has approached me after iast meeting on signs about trash outside circle. Felt this wa s not good sigh and I agree, very ba d , Dogs come in and trash al i over. Really a mess. Approaching you now to try to get dumpsters in our complex. Feel this would be very good solution to our problems and feels would be also good for the town. Doesn't feel trash outside circle in any way good sight for peopie travel i ing down Chi Ii Avenue and even neighbors around would rather have dumpste r s than trash behind. Approached Planning Board and said would make as nice a sIght as possible putting stockade fence around dumpster area. Cleaned weekly and taken care ot. What guarantee would you have? ,Had asked for temporary approval. If had temporary approval and dumpsters in there and somebody came around and weren't kept to your specifications, take away but at least give a chance. Went over al I town and took s l ides of dumpsters 1n area. Naum s , Petersons Drugs, commercial but with houses right by and across the street e from these places of business. Dumpsters very unsfghtly and not be In q kepi" well. Approached board to be able to get dumpsters. Doe s n t r see how can be allowed [ike that and not give a chance to have a nice dumpster area. Don't know feeling, where we go f r o m I here. Trying to work something out.

Mr. Hunter asked does everyone know concept of dumpsters? Take it proposing some Kind of enclosure. Mrs. Campbell stated s t oc ka da tenee. ~lr. Hunter asked do you have plan? rJlr s . Campbell stated Zoning Board of Appeals Ma r c h 26, 1974

ChIli Disposal did not have pIcture of dumpster". Know type it is. At Lee Gardens with sliding door. Better than lift-top. If too heavy, leave open. Better dumpster, thInking of 6 ft. stockade fence around and dumpsters are 4 cubic yards. Mr. Hunter stated double gate or whatever to back t r-ucks up and hook onto it. Mr. Hei Iman asked any idea where they wo u l d be? Mrs. Campbell stated wanted three if possible. Come into drive here, trash being bagged around circle. Proposing dumpster$ at site here ([ndicating on mapl where dumpster had already been. One dOIHl in corner of the lot here and also one back in driveway of this area. Gives three I faci I Ities for this area here. Mrs. Chapman asked do you pick up trash from indIvidual units? Mrs. e Campbell stated husband taking care of this. Meadowbrook has r r e s hme n cams inside. Hallways double in size. Wanted to a l l ev t a t e people in building. Security locks. Hallway only 42" wide. Would wr e ck halls and rugs. Husband t~kes care of now. Mrs. Chapman asked not up to tenants to carry trash? Mr. Pietropaol i stated tenants take to trash room and these people take to circle on experimental basis. Say doesn't work out. Mrs. Chapman asked with dumpsters, propose individual t e ne n ts take trash out? Mrs. Campbell stated alleviate garbage room completely. One b u l t d l n q with rodents, as soon as trash not there, rodents not th~re, trash in, rodents In.

Mr. Hunter asked assuming that the trucks would have to come in here and back Into here probably or maybe could turn around? Mrs. Campbel I sr et e d veryappJ icable place here and here for tt'ucks to come in and out. Mr. Heilman asked in winter think problem with snow to get trucks in? Mrs. Campbell stated doesn't foresee any prob lem. Town has been plowing regularly and our driveways plowed. Mr. Mu l Lane v asked you are responsible for this? Mrs. Campbell stated ours the driveway, the town responsible for circle. Mr. Hei Iman asked agreeable to putting stockade fence or something that would match building? Mrs." Campb e l l stated make it as n l c e , Mr. He I lman stated to your advantage. Mrs. Campbe! I s t a t e d wa n f to I look as well as you do. To our advantage as it is to yours.

Mr. Hellman asked this is b l a c k t o p now? Mrs. Campbell stated right, this would se"r back as far as could along lot line. /VIr. Heilman stated 10 foot easement 50 cannot put on that. That is no problem. Mr. Harrington asked speaking of 3 stockade e nc l o s u r es ? Mrs. Campbell stated right, for each dumpster. Mr. Hunter asked once a week c o l l e c l'I o n ? Mrs. Campbell stated rIght. Mr. Hunter stated talked ab o uf 6 foot high STockade. r~rs. Campbell stated unless have r e qu l ar l o ns , Mr. Hunter asked is t ha t height such that would not be able to see dumpster? What Is heIght of dumpster? Mrs. Campbel I stated 4 cubic yards. r·1r. Pietropaoll asked if board gave e pp r o va l with stockade fence to cover dumpster, minimum of 6 feet, you would have no objectIon to that?

Mr. Steele asked what do tenants think about taking garbage out? Mrs. Campbell stated very agreeable. Anyone who goes to basement area and tinds rats won't be opposed. Have folder here with form letters and Orle bui Iding all tenants signed. One tenant with me tonight. • Asking to get rid of trash. If whe n b u I l f , built doorway into garbage room and some ventilation, would be no problem but completely enclosed area. This would be something in future apartments this WQu!d be ~omethlng good. Garbage men right from outsIde to garbage I room end take out. Don't know why c t dn tt do when built. WIlling to do anything to get dump s r e r s . 'Mr. Steel asked dumpster type wl II dump into "truck or take e wa v ? Mrs. Campbe II stated th lsi s one man operation. Dumpster truck comes in, backs up and hooks on and away he goes. M~-. stee t s asked unload all three at once? Mrs. Campbel I 1.37

Zoning Board of Appeals March 26, 1974

stated right, go around circle. Costing us not much more to have dumpsters and to rent as to have men come and bag by bag take trash. $90 for men to come and pick up. Dumpsters approximately $50 more to have two dumpsters and pick up with no expense of plastic bags. People think less expense but isn't. Consider one man operA- tion but two or three guys pick up trash. Mr. Hunter asked 1f anyone wished to speak in favor? Mr. Gary Campbell. Stanwick Drive, stated in favor. Anyone in opposition? I No one appeared. DECISION: Granted unanImously for one year period. Stockade fence e around dumpsters to be one foot higher than dumpsters. Held over from February 26,1974 meeting:

Appl l c at i o n of Linda Campbell, Manager, Stenwick Manor Apart- ments, 30 Stenw l c k Dr i ve , Ch ur c hv i I Ie. N. Y. for approve I of variance to erect sign approximately 4' x 8', advertising Stenwick Manor Apartments on Stenwick Drive at Chi I i Avenue. t~R Zone.

DECISION: Granted unanimously for one year period. Sign to be removable, supports permanent. Located 20 ft. off R.O.W. AT NORTH END OF CIRCLE.

Board discussed letter from Lozier Engfneers r e r salt pile at 8. R, DeWitt. Copy to be sent to them and ask that they comply and return at next meeting of .board to dIscuss,

ROBERT HUNTER I Chairman kl

e I ')~ ,'~)C) 1.

ZONING BOARD OF APPEALS April 23,1974

A meeting of the Zoning Board of Appeals of the Town of ChI Ii was held in the Chi 1I Administration Offices, 3235 Chi 1I Avenue, Rochester, New York 14624 on Apri I 23, 1974 at 8:00 P.M. The meeting wa s called to order by the Chairman, Mr. Hunter.

Present: Robert Hunter, Chairman Janice Chapman Gertrude Tanger Richard Harrington I John Palermo Ray Steele Carle Mullaney e Also Present: Patrick J. Pietropaol i , Town Attorney Alfred J. Heilman, Deputy Town Attorney \'1illiam A. D

I

e I 139

ZONING BOARD OF APPEALS

April 23,1974

A meeting of the Zoning Board of Appeals was held In the Chll i Administration Offices, 3235 Chili Avenue, Rochester, N.Y. 14624 on Aprl I 23, 1974 at 8:00 P.M. The meeting WaS cal led to order by the Chair~ man, Mr. Hunter at 8100 P.M.

Present: I~r. Hunter, Chairman '~rs. Chapman I ~~rs. Tanger Mr. Harrington Mr. Pa lerma e Mrs. Steelo Mr. Mu I laney

Also Present: Mr. Pletropaoli, Town Attorney Mr. Hei Im~n, Deputy Town Attorney Mr. Davis, Bldg. Insp.

Mr. Hellman stated the legal notice concerning appl ication before the Zoning Board was duly published in a paper of lega! circulation as designated by the Town Board and affidavits are on file with the Town Clerk to that effect.

Dr. Application of Pa~e Airways. 126.5 Scottsville Road, Rochester, New York for approval of variance to Brect addition. approximately 46 feet from right~of~way. building located at 1265 Scottsvi 1 fe Road, addition 16 1/2 by 25. Jvl~2

Mr. Fortier appeared representing Page Airways and WI Imorite. Stated has three sets of drawings. Before get Into this, would l l k o to men- tIon one thing. Notice setback reads 46 feat and really should be 45. This came about because now have finished construction drawings Which are attached on the back. Mr. Hunter asked would I ike to amend I to 45 teet? Mr. Fortier stated would have technical problem if don't do that. DimensIons of building have changed slightly. 26' 8" by 17. Basically purpose of the e d d l r l on j vfh I n k s f e l r l v obvious if you know the bui Iding. Actual entrance IS the door that you can see leading into the stairwel I. Serves both Pane on the lower level and Wllmorlte on the upper level. Several problems. first people c an n o f f l n d building. Simple problem but have dIfficult prob lem knowIng where the entrance is and It finally get into door, don't know where to go. Biggest pro- blem, one of the doors leads into the hanger and no protection for any~ one to wa l k in and go Into the hangor and from there most of the time can walk onto the ramps. Have fenced off to keep people from getting intoairport but front door is wide open to airport and aircraft. Intend to provIde reception and waiting area and put someone in here to act as receptionist for upstaIrs and entire building. Still from here en- ter through this but wll I be guided wherever they are going from that point on. One story addition. SImply provides a" lobby and reception area. There is an entrance wh i ch is really not used directly in f r on f of the main bui Idlng into Page a re a and th.at w l II be closed off com- pletely. Really not used and tends to confuse people •

Mr. Hunter asked is that the door in the center of the glass brick areal' Mr. Fortl'}r stated right. Mr. He! lman stated they were In front of the Planning Board earlier this month and architectural review was given \ • approval. Apparently material will be the same. Mr. Fortier stated I should be buff brick to m~tch existing brick and other part which Is this area in here, pre~cast material on front of lower building which approved a year ago. ~'!r. He l I men stated planning board did gIve app- roval for that. There was some question about a sign. Mr. Fortier stated not asking for the sign. \'1i II have to work up something for the sign approval.

r·lr~ Hunter stated mentIoned dimensions of 26' by all 141"'. Heilman stated application should be amended in that respect also to read 17 by 26' 8" t>lr. Hunter stated one I am looking at still reads 25 by 16' 6". Pro- b ab l v submItted with e p p l I c at l on , r'1aybe others show different dimension. t"~r. Fort 1s r stated t hat t s rl ght. 1.11"'. Hunter stated 17 feet, ri gh t? ,~y ~S'r I- .. .. .;;,,;j," _ .. ~:...... ¥ttes-NEWS.aau 1269 CHILI AV~NUE • ROCHESTER, NE\V YORK 14624

~ ~~ DA'.E ••• ,. , ••If}..... -t1 • -II""1"" rJ,., •·.. '..,-....1,,· 1,0-. " .....l.·I'l-H

THIS IS TO CERTIFY THAT THE. ATTACHED LEGAL NDTH:tE(S) WERE PU8LISHED IN TH E, .. , ... " GATES-CHILI N~WS ~J. I."", D,,''''l n L ..I"_ _~-~-4"-'~~/."V C~/-/' ,k>&.~~ .•..': roy.~ ~ ..-r.;-~;-:[.;-::~...z, ...... o: .... I a711-:v."'"'' .- ...... r 1- .. 1- .... ,. ... t J ::l-i~ ~ ~ . t SAlllU , .' Q .:ary: / th. J 's]j'liTH ... ii .,.,. ItOlWt CONWIY PufJlislwr F IIntary PubtiCt State of N.Y.. Monroe -co. F fid)T~ My Commission Expires March sc 19.2¥~ , lECAL~:r f r1."":' .. ~ •• " "--ZmUNG BOARD OF APPEALS ,__~RIL 23.1974

{,..: ...a '!l!''''' rt p.. r.... l r 'A meeting of .the Zoning, .,,-Boaref of Appeals of the Town ' ; -.;~ 'Chili will be held in theChili "__~inistration Offices, 3235 :_ 'chili' Avenue, Rochester, New - '--"York 14624 on April 23, 1974 . to consider the following ap- "p1tcation5: ~ 1. ~ppUcaUon of Page AIr- ways, 1265 Scottsville Road, ~ aCi~nesler N. Y. for approval , "of vanance to erect addition,_ _.

" '----~~,...,..-!'-! ..... "~ 3.~.p.pplication of John and Joan •.;;.. Eienson. 1in HillaryDrive,Roc-

..:..,. -...... •. hester, N,Y. for approval of --variance for side yard setback ~of- appro~. 9 ft. on,westlot line, , ~:property located-at 141 Hll- ~[aJ:.y Drtve. R·1-15. :-. _...... ~4::---:':'"AppUcation

I I n I ------_. ----_.- 14U

Zoning Board of Appeals AprIl 23. 1974 TalkIng about lettering on out~ide, not agreed upon what you would like.Sign Is not part of this appllcatlon? Mr. Fortier stated no It Is not. Mrs. Chapman asked understand correctly not proposing parkIng in front of tnls b u l t d l nq ? On the sIde? fl,r. Fortier stated no parking, that is correct. Paved area now but no parking in that area. Intend to take out entrance In front and create ptanting area In front and I out in front of building. Reducing pav l nq , Mr. Hei Iman stated thinks got rid of one entrance and exit from the Board? Anyone wishing to speak in favor or opposition to this application? (No one appeared). The recommendations from Monroe County Blanning Dept. ~ have bean received with favorable comments.

Decision: Application amended to 45 ft. 17 by 26' 8" add l t lon , Approved unanimously. #2. Application of Bianchi Asphalt Paving Co., 201 Angelus Ave. Rochester. N.Y. for approval of variance to erect nome with 40 ft. setback on lot A~RII, Morris/on Ave. F-2. Mr. Bianchi appeared. Mr. Hunter asked could you Show me where this Is. Particular Jot 1" questIon? This Is Morrison according to map but doesntt thInk r l qh f , t-lr. Bianchi stated right in here, 10 and II. A block. Just want 40 feet seetback to conform to rest of the homes. f.1r. Hunter asked original lots 10 and II have been combined In one lot cal led R-I I? That is what threw me. Suggesting this location 40 ft. back to be in line with homes on either side where this proposed home would be. In terms of sidelines. what are you thinking of? Mr. Bianchi stated lots of room 100 ft. Mr. Hunter asked garage in- corporated? Single car? Mr. BIanchi stated yes, single car.

Mrs. Tanger asked how wide is house? Mr. Bianchi stated 40 ft. Mr. Hunter stated saying maybe 15 ft. on this side and 45 ft. over here. Mr. Bianchi stated plenty of room on this side. Mr$. Tanger I asked slab basement on that? Mr. Hunter stated doesn't know. Mrs. Tanger asked not having a basement on that? Mr. Bianchi stated yes. Mrs. Tanger asked you are going to have a basement? Mr. Bianchi stated yes. Mr. Hunter stated this is of course 1n new zone, Flood Hazard Protection Zone. Mr. Davis stated not easy to build. speciai walls, hatch type windows and everything else. Got to go to the PlannIng Board and have engineer OK for the height. Did you get copy of that? Mr. Bianchi stated yes. Mr. Davis stated in flood plain. Mr. Bianch stated wI II conform. Mr. Davis stated got two or three other ones that are stili in the flood plain, something has to be done about It because cannot issue permits. Mr. Hellman asked do you know 'Nhat Mr. DavIs is referring to and you wi I I conform? Take It otherwise wi II not get. Mr. Davis stated has to go to Planning Board to appro~e height first. Mr. Hunter asked If anyone wished to speak In favor or opposition to the application and no one appeared. DECISION: Approved unanimously subject to Sec. 3.026 of the Zoning Ordinance. ) 113. Ap p l l ca t l on of John andJoan Henson, 141 HI J lary Drive, Rochester • N.Y. for approval of variance for side yard setback of approximately 9 ft. on wast lot line, property located at 141 I Hi II a rv , R-! - 15 Mr. Sherwin Weinstein. attorney appeared representing Hansons on application. Stated In 1965 Henson's bought property at 141 HIllary from Lancaster Homes. Submit two tape locations maps. One made by Smith and Dan l uck Elated Apri I 1965 and new one made by Richard Small dated Februar-y 17, 1974. r,t'the time that the house was purchased trom Lancaster Homes Sui Iders. apparently no application was made for 141

Zoning Board of Appeals April 23, 1974

variance on west line of the house which as you can observe from old T~pe locatIon map was bui I~ 9 ft. from the line. Apparent!y no final certlftcate was Issued. At the point in tIme Hen s on s nave contracted for sala and depending on decision of this board they wi II have closing this week. \~hen abstract was sent to purchasers attor~ey and new tape map, he cal led attention to the fact that he had c~ecked and no variance. Our firm Was not Involved at the time of original contract an now faced with situation where Hansons have been living in house since 1965 where no certIfication actually issued. I One foot short of required zoning on side setback. Should have been 10 ft. Have contract for sale and if not able to complete sale, wIll create hardship. Have not added to the slce of the house so not sit- e uation of their making. Sure oversIght on the part of the bui l de r , in not obtaIning a variance at the time that the house was erected. Ask- Ing board at this point to correct sltu~tion that has exIsted since J965. Grant the variance so that we may proceed to close thiS t~ans­ acf l on on behalf of the Henson's."

t>lr. Hunre r asked if anyone wished to speak In favor or opposition to this application and no appeared. DECISION: Approved unanimously.

#4. Application of Dan t'1Ikel, 58 Yolanda Drive, Rochester, N.Y. for approval of variance to erect two car garage, attached on north side of existing resIdence, ap pr o x , 8 ft. from north property line, located at 58 Yolanda Drive. R-f-12.

Mr. Mikel appeared. Mr; Hunter asked care to comment as to what is aCI about? Mr. Mikel stated wo~ld I ike to erect two car garage, 24x 24, have 32 ft. 50 come wIthin 8 ft. of lot line. /k. Hunter asked do you knoW what the present distance is between your home I and the home next door- on side where garage will be bui It? 1,1r. Mike! steted approxiamteiy 43 ft. !'4easlJred it. Mr. Hunter asked you said you had how many? Mr. Mikel stated 32 from side of my house to the lof line. 1,1r. Hunter asked his home II ft. from the lot line? Mr. Mikel stated right. I~r. Hunter stated 24 feet would leave 10 ft. if this where to be permitted. Have you talked to the gentlemen that owns that homa? Any objection? Mr. MIkel stated no ObJectIon. Mr. Hunter asked other questions from the board? Mr. Hei Iman asked take it going t o be 19 ft. between your garage and side of his house, not his garage.

Mr. Hunter asked if anyone wished to speak in favor or opposition to this application and no one appeared.

DliCISlq!;J: Approved unanimously.

115~ Application of ~lilllam~. Schutz, 3134 Chili Avenue, Rochester N.Y. for approval of variance to erect signs totaling 192 sq. trt. In area on property located at 3134 Chi II Ave. Advertising Chi If Center Craft and Hobby Shop. R-!-15.

• Mr. Schutt appeared stated provided one sketch with application. Two reasons want to put up. One to advertise business to customers and I other 15 neighbors driveway adjacent to mine, rather close, and would like to move lamp post from existing position across the driveway and further from theirs and to stop traffIc from going Into neighbor's driveway. Thinks this would also help. Mr. Pletropaoli asked Stadler's property? Mr. Schutz stated yes, spoken to nefghbors on both sides.

Mr. Hunter asked any questions from the board on this appJ icatlon1 Mrs. Chapman asked see have letters on signs, crafts, hobbles, gi fts, same on both sldesl Mr. Schutz stated yes, same. Mr. Hunter stated AI or Pat, maybe you can help. Is this use itself permissive? ~~r. Pietropaoll stated pre-existing use. Hobby shop went in sometime first part of this year before new zoning ordin~nce took effect and doing 1:42

Zoning Board of Appeals Aprf I 23, 1974

business. Was commercial then and when ordinance and map wers passed changed zoning to R-I-15. Falls InTO special category of pre-existing non-conforming uses and believes he may continue to conduct business. Mrs. Tanger asked when did you start business. Mr. Schutz stated about month and a half ago. Mrs. Tanger asked about March 15th? Mr. Schutz stated somewhere around there. Mr. Hunter asked assume no IIghts7 1'- Mr. Schutz stated no on The signs, want to combine post lamp to lIght. dri vaway. f>lr. Hunter asked if anyone wished to speak In favor or oppos Lt 1on to .. this application and no one appeared. .., DECiSION: Approved unanimously for three year period.

#6. Application of Harold Ford, 230 Chestnut Ridge Road, Tochester, N.Y. for approval of variance to use existing buildIng at rear of 2661 ChilI Avenue to sel I farm produce and lot at 2669 ChI I i Avenue for parking, from 5/1/74 through 12/1/74. R-I-15. ' Mr. Chad Hayden attorney for Mr. Ford appeared. Stated here last month and asked for matter to be adjourned. This matter essentially to permIt ~4r. Ford to operate a produce stand at 2661 and 2669 Chili Avenue, from fv1ay I to December J for the next 5 years. Asking for a use for the next 5 years in that those months of the year. Appear under old zoning'ordlnance because application was made in time under the former zoning so application under old ordlance appears to apply. Wnder old zoning in that area definitely single fam! Iy resIdential and to permit the proposed use requires variance from this board. There is, as sure you are aware; need to show practiaal difficulty or unnecessary hardshIp in the applIcation as wei I as showing not contrary to pUblic interests. What we propose tonight rear Iy In I nature of contract between Zoning Board and Mr. Ford which would run for 5 years. Thinks Intention of new zoning to permit Planning Board to continue to have control over the use that existing property is pit to and thinks any contract group of provisions that provide that control and perhaps enable comprehensive plan to go forward and not in contravention to it. Difficulty Mr. Ford suffers from In this situ- ation is his Inabi I ity to use one of the tWQ parcels he owns there as single family r-es l den ce , No residence on it. Used to be s l nq le famIly res I de nce and burned dewn and leve II ad eventua IIv , Property now ~uestlonable as to whather er not can be used for single famtly. Beauty parlor to west, refer to the chart we prepared on county map. Apart- ment complex across street. Commercial plaza 5 b locks west and Carls Nursery to the east and major power I Ina runs through there and existing and proposed airport oxpressway. Rear of the property butts up to the single family residences of LexIngton Subdivision. Practical difficulty as Mr. Ford. is concerned whether or not anybodywill build single famity residence on this tot. Great deal of question to it. Is this suitable use for the property for the next 5 years to use property for the benefit of the community as well as benefit ~~r. Ford. Thinks beneficial use. Farm produce stand in this location certainly would provl,de sub- • stantlal number of people I iving adjacent to it to have to high quality and hope f u l l y lower cost source of tresh produce without having to resort to transportation of any sort or another other than foot. Not high-density use. Doesn't feel would contribute to traffic congestion or noise pol rutlon of any sort and ~.1r. Ford told me not I going to be open nlghts. Not creating traffic hazard and temporary use proposed for the next 5 years one that We feel is beneficial directly to the community surrounding it and to Mr. Ford whore he can s a ! l pro- duce on farm on Paul Rd. and elsewhere. That Is sum end substance of our Ilrgument.

~·lr. Hunter stated guess thing would like talked about is the question of practIcal d l f f l cu l fv cited hera and has to be, as indicated, 'basis on which this board would a l l ow such a Lise. Comment basically, opinion that this does not appear to be suitable for residential use. One of the questions would have is can you or Mr. Ford show that that pro- perty has in fact b&en offed for that use over some perIod oT time ZonIng Board of Appeals Apri I 23, 1974

and at a price compatible with residential property for that kind of use. Some attempt to sel I for that kInd of use and at price com- patible with that use. ~4r. Ford stated had sIgn on it, had it listed probably 4-5 years ago and sign on It for sale. Had a tew inquires ab ou r it but weren't for s t nq ls f"mily dwell l nqs , l nqu l r-ed for du- plex house or apartmonts, haven't had any lnqulries for singles family dwellings. Last winter had listed, multiple listed, and didn't get one offer on It. Mr. Harrington asked what was asking price on last I i&ting? f,lr. Ford stated e pp r a Ised tor $55,000. r4rs. Tanger asked for the f ot I alone? Mr. Pietropaoll asked two residential lots? ~·lr. Ford stated three .Iots. Hr. Hayden stated would I ike to point out referring to page 3 of the packet. Mr. Pletropaoli stated doesn't think you can get e three building lots out of there. t"1r. Hayden stated would like to point out on sketch of property, intend to expand existing driveway in u-shape to bring closer to that single story garage In the rear that intonds to modi ty as shown on next page. by putting extra door in back of it. Without having to construct new bui lding would be set to operate. Attached to the back of that, copy of petitions and submit original to chairman, that most of the adjacent property owners did srgn, reslden tlal property owners did sign. Lee Halperin was not approached across the way. Mrs. Tanger stated petitions signed before the last meeting and changed since then 50 signatures wouldn't conform with this appli- cation tonight. Since then so signatures wouldn't conform with thIs application tenlght. Mr. Hayden stated perhaps true. 2669 property oly mentIoned and advertised in the petition. Explained wished to obtain variance to permit construction to sell produce. Have no objection to such a use of the property. Would hppe would conform to substance of What applying. Mrsw Tanger asked Mr. Ford owns 2661? Mr. Hayden stated yes. Mrs. Tanger asked single family dwelling? r~r. Hayden stated no It is not. On the top level of that packet only two structures shown, house in front Is double family residence owned by Mr. Ford. In b ack , little square re- I p r-ss en t s garage. Mrs. Tanger asked pe o p fe l n two fami I y wi I r not h a ve garage? Mr. Hayden STated doesn't bel l e ve have use of It. Mr. Ford stated do~'t use iT. Mr. Palermo asked do they have cars? Mr. Ford stated single man lives downstairs and has car and occasIonally puts I~ The garage. Mostly leaves In pe r k l n q area in back of the house. Lady upstel rs does not have a car.

Mr. Hunter stated there are two other relatively small buildings on t~at property now next to the garage. Those are what? Used in other locations? !vir. Ford stated one I used last summer. Mr. Hunter asked those would remain l n your proposal <:IS we l l ra s the garage? Re<:ll ly three structures taiking about using. Mr. Ford said yes. r·~r. Hayden a s ke d do you need three? i,lr. Ford stated no. not necessari l v ,

Mrs. Tanger asked plan TO use Peu l Road property to se l t also? Road open this year, wasn't last year. Mr. Ford stated no, have been advised that wouldn't do near the busIness there. Would take period of time to develop business up there which would already have on Chill. Mrs. Tanger asked how long was stand on Paul Road previous to Chi Ii Ava? Mr. Ford s t ate d one year. Mr. Hayden asked h ow long did you have stand In this location before went to Paul Road? Mr. Ford stated we had there years ago, always sold produce and eggs. Mr. Pietropaol I asked that was when " were f a r'm l nq entfre piece. r,1r. Ford stated yas, people • here probably heve bought stuff from us. I Mr. Hunter stated go back to listing. What wourd you say would bo total time that property has actually been I isted for sale as resfdential property? Mr. Ford stated has s l grl for 4-5 ye<'lrs, two signs. r·k. Hunter asked not l l s t e d at that time? Mr. Ford>st

j,jr. Hunter asked any other questions? Mr. Pletropaoli stated did check minutes trom last application last year and when appeared before the board indicated you only wanted to sell produce ot this particular 144

Zoning Board of Appeals April 23, 1974

location on Chili last summer because of road -onstruction on Paul Road and your Intention never to come back to Cni I i Avenue and to go back to Paul Road an d continue selling produce at the Paul Rd. location. Here we are a year later and have an application. Could you perhaps tel I us why change or heart or what the problem is? Mr. Ford stated so many different people have told me not to go on Paul Road. Lots bought from me up there. in a way better, would have everything all together, but people down In this location said weren't going to drive out there. Lots of people told me that. People I that have been in this business said do lO times amount of business in this area as could on Paul Road. Mr. Hayden stated one of the . purposes of having a local neighborhood use of this thiog is that adjacent or adjoining property owners have opportunities to use it ~ rather than having to traver long distances to get to it. Mrs. Tanger asked do you grow everything you sal I. on Paul Road! Mr. Ford stated everyth thing I sold. Doesn't know of anybody in this location that does raise everything. Very few people do because In type like sweet corn, :I plant every week and very few people do because depends on the weather, Have to buy some at times. Customers aren't going to come If haven't got anything for them. Mr. Hayden asked would you be wIlling to limit yourself to sala of produce or agricultural produces as defined in new ordinance Which under conditional use wouJ. be permitted sale of produce subject to limitations that they are fruits, vegetables and flowers sold oly during local individual harvest season? Problem? Mr. Ford statad no problem at all. Mr. Hellman asked do you have any idea what distance is between this stand and one on Paul Road? Mr. Ford stated about 4 miles. Mr. Hunter asked I f anyone wished to speak in favor of this appll- catTon? r~r. Jack Caudle, 3147 Ch Iii Avenue stated aware Mr. Ford conducts business on Chi Ii Avenue as recently as last year having made several stops there myself. observed kept neat stand very well kept, no litter, very little heavy traffic problems if any and I doesn't or would have facl I ities for parking which Intends to have in this new location after board sees fit to grant petition. Certainly would be as Mr. Ford and attorney have indicated advantage to the neighborhood not only in the immediate neighborhood of the stand location but certainly In the area as far up as present stand which Is 4 mi le s i d i s t an f , For people to stop and get produce at reasonalbe cost and produce which of course is for the most part grown on his property and Is fresh and brought thera dally. ~~r. Tom Mc Cul le r , 3429 Chili Avenue, stated thinks Mr. Caudle covered well. Harold's got ideal location and What plans to do with garage new more of an asset than other stand by far. Thinks wonderful thing for the neighborhood there. Don't have to drive ·Iooking for stuff. Know what is there and takes care of it. Mr. Hunter asked if anyone wished to speak In opposition and no one appeared. DECISION: Denied unanimously. Board does not find any hardship on the property contained in the appl icatlon.

Mr. Everett Cohoon and Mr. Walter Easton. Vice President, of B.R. DeWlt,t Co. appeared to discuss salt pile. Salt has been cleared • out since 3/19. Feels would cost approximately $20,000 to do I what was requested by the town engineer. Delivered approximately 31,000 ton of salt from that location. Has 5 year contract with In- ternational Salt. No intention of storing salt all year round. No evidence of brine running off the pad, kept covered at al I times. Matter adjourned until May meeting to give opportunity to meet with Mr. Mannara and discuss alternatives. Zoning Board of Appeals April 23, 1974

Held over from March 26, 1974 meeting:

#3. App Ileat Ion of Anthony Su n z e r L, II r',1eetlng House House Drive, Rochester, N.Y. for approval of variance to erect two car garage 5 ft. from west lot tine, located 11 ~.1e~t lng House Dr. E Zone.

I DECiSION: Approved unanimously •

118. Application of Stephen Grl!>po. 110 Hubbard Dr. N. ChIli, N.Y. for approval of variance to erect garage and additional room • approxImately 5 ft. from side lot line, located at flO Hubbard Dr•• D Zo na,

DECIS10Nt+Approved unanimously.

ROBERT HUNTER Chairman

I

( < •I ZONING BOARD OF APPEALS "iay 2 8. 1974

fl ~'lee'tlng of the Zoning Board of Appeals of the Town of Chili was herd l n the Chili Adm l n I a r r et l cn OffIces, 3235 Chili Aven uo , Rochest.. r N.Y. 14624 on May 28, 1974. Th e meeting was ca l l e d to order by the chairman, ~r. Hunter, at 8:00 P.M.

Present: Mr Hunter I,irs. Tan c e r Mr. HI) r r 'i n 9 ton I I~r. Pa l e r mo I,ir , 5 tee Ie [..11"'. f,,'lu Ilaney

Absen l' : I!' r s , Ch

[,ira Hei l man stated there are ten e pp I Icatlons which have been duly pub I l s he d In a paper deslgl'\

#1. Application of Potcr Sichak, Jr. 12 8aylor Circle, Rochester, rl.Y. for approval of va r l en c e to e r e c t 4 H. high fence in front yard along s l a d lot lines at 12 Baylor Circle. R-I -12.

NQ one e p pe e r e d when or l q l n e l Iy called. 110 one a p p e a r e d when called at the end of regular agenda. DEcrSION: Denied I :,12. Application of 1,1r. and 1'11"'5. George Engols, 146 Scottsvilte- Chill fioad, Churchville .. N.Y. 'lor approval of renewal of variance for s I qn e p p , 3' :<7' advertising Engel Hobi I Homes, Whalesalers, on property ~t 3183 Chi Ii Avenuo - 1 II Imlnat.d. C-2.

No one appeared when original ty called. Called a;Jain at end of the agenda and Mr. Engel. eppeared. Mrs. Tanger asked same sign you have had? ~r. Engels stated yes. Mr. Hunter stated thoro Is n pro- blem. Under n6'/1 code no free-starHJ1na signes e l l ow od in comm e r-c l e l distrIct other that for service st".tlcns. Mr. Stoolo stated unless for more bus In e s s e s , i'lr. Hun r e r stated other thing Is a l I non-con- forming and freB staMdlMg non conforming signs should be removed within three years of the effective date of the ordinance. As see it Board could grant permission up to three years from date of the ordinance or 'els than that or not gr~nt it. Doesn't know .hat board will do but wants to call to attention. It is new code and stlll learn- ing. I',ir. Englels 8skedthrl'le years from now? [-ir. Pletropaoll stated board dOesn't have discretIon there. Ordlnanco passed, drawn by ~CPD and have passed by the Town Board. r-1r. Engels stated wl j I go along • with whatevor is decided, naturally. Mr. Hunter s t ele d in any event would suggest before you make change, might want to read code to find out what to do. Mr. Palermo asked s I qn wl II stay \~ay i-t- is? Hr. Engels shlted right. [·ir. Hunter asked 51']0 is internally I ighted! t I Mr. Engels stated when it is l l qh t ad , h aven s had lit for quito awri l l e , 1'4r. Palermo asked could be 1ft if \'I

14r. Hunter asked 1 f a n v on o wished to speak in favor or op po s l r l on and no one appeared.

DECISION: Clranted for po r l o d endIng ~,1;'lrch 29, 19-'7. ... :.:: ;,. ~ ., ·-.PA. ~~~ ~:~r: :_:~:~ ~ ;:: -..:" ,. t " ~! .:-~. ~.:: ~~ . .: ::::." ~": :::.. ;~jj~t~ ~~~ ~atel.NE\VS-Ckili H~r~l-I; ;;~1~.;i 1269 CHtLI AVENUE • ROCHESTER, NEW YORK 14624 ·i;;:ii:ii;;: ~ ~;~i ~ ~ig :;~!ffi~:~il n~~~:~·n§ OAT!: _....lYI..f.::,.'/.,..?,6....t'j, .1Y:.--- iii~i:"

.:~.~~~.;}~ ~.~ THlS IS TO CERTIFY THAT THE ATTACHED LEGAL NOTIOE(S) WERE PUBLtSHED IN THE: .. GATES-CHI LI NEWS 18"m~ lhrt-ed" 11 fl.y' i ~..~..J:f).f!:j. ..,~ ~.! J.?"?: ,,. ."

._~,.-~ ~ ~:;/ »::::"..... ~ ./ ...-"" ~-//~ / ~ /./ '=- - .// ~~ .... ./rCt:fz.4-r.:-.~/ / K~-t;::._.(/- - J?6t:~~ ~.- I'" ~ ~ ~~ ~ I.I'~ . • ... .. 'II 11 .....,r:11> ;, ot- II.... , ... ---.'"7'' _. ,,_ ..I ,. .. - -".111 -- Notary: / . StJ..t1f:l"Et J. Sl~.fFNl iV.li- . / Pu;,lL-:;her f NOUN £1lD'11 ~d~11vt-r -r~otary PubRc, State ofN..Y.. Monroe tn..! Mv Commission Expires- Marcb' 3{)l19~ f-L~~ BunCE- I

ZONING BOARD OF APPEALS II A Meeting of the Zoning Board of Appeals of the Town of Chili will be held in the Chili Administration Omnes,. 3235 Chlli. Avenue, Roc,nester. N.Y. 14624 on May 28, ]974 at 8:00 P.M. to consider the following applications: 1, Application of Peter Sichak. Jr., 12 Baylor·Circle, Roches- ter, r-;.y. ror appro?al of va- riance to erect 4 ft, high rail fence in front yard along side lot lines at 12 B~ylo[' Circle. R·l-12. 2. Application of Mr. and Mrs, ' George Engels. 146 Scottsville- Chili Road. Churchville, N.Y: for approval of renewal of va- riance for sign app. 3' x 7' I advertising Engel Mobil Homes Wholesalers on propertyat3183 Chili Avenue' illuminated. C" 2. 3. APplicationofLawreneeKim~ mel, 80 Hubbard Drivei' North ChiliIN.Y. for appro'l/al of va· riance to erect 2 ear garage, r 20' x 20' r approx, 2 1/2 ft. Irom North side lot line, to replace existing garage at 80

Hubbard Drive r , R-l- J.2. . ' 4. Application of Robert 'E. Green, 1735 Scottsville Road, Rochester, N.Y.! 14623, for ap- pro...al of permission to con- tinue to operate professional photo- finishing business in building located at 1735 Sc.otts- ville Road. F~2. 5. Application of GordonNi.ckel, •..., __ n1n~~ Dn...no:>!'::t.P.T'. 1.I1VIJ,lUO, in ...... --- - • -~ - .- So. Fitzbugh St., Rochester,·- N.Y, {or approval to erect re- sidence on Lot R-87, Sunrldge Drive on Wldersized lot. being 81.09 ft. in width. R-1-15. 7. Application of Robert Aman, 18 Weath~rwood Lane, Roch~· tar. N.Y. for approval of va- . dance to er-ecnrddltion"'tO"gU. age, approlC. 8 ft. [rom west lot line at 18W~at\1erwoodLane. R·l·12,. K"1\.pplleation of Ronnie Felock, 26 FentonRoad, Roohester. N.Y. for approval to replace single . car garage with a 12' x 3~J addition (2 story) to be used as a garage with storage room above it at 26 Fenton Road, 6 'ft. from south side lot line. R-l-1Z. 9. Application of RobertThomP· son, 8 BllYIDon Drive, Roches- ter. N.Y. for approval of va- riance to construct in·ground swimming pool approx. 7 ft. ' from west side lot line at 8. ______=_ ••Baymon Drive. R-l.l~., . _ 10, Application of Jerry and :: Barbara" Soltas, 28 Soln;lar , Drive, Rochester, N.Y. for ap- proval of variance to srect ad- ~ di.tion to garage approx. 13 ft. • from south lot line of property at 28 Solmar Drive (corner - lot). R·l-IS. .All interested parties are hereby requested to be pre~nt. By order of the Chairm.an of tne Zoning Board of Appeals. ROBERT HUNTER . Chairman JI!!~ . ~.:. lao ,.. ..;t riba Sa!pu'l ZonIng Board of Appeals

3. Application of Lawrence Klmmar, 80 Hubbard Dr. North Chili, N.Y. for approval of variance to erect 2 c e r caraqe , 20 X 20 a pp r ox, 2.5 feet from north side lot line to replace existing garage at 80 Hubbard DrIve. R-I-12.

Mr~ and ~lrs. Kl mm eL. appeared. f·fr. Hunter e s k ed you have plot plan submitted showing existing gar~ge ~nd home? Mr. KImmel stated correct. Mr. Hunter stated separate garage behind your home. and according to th1s S

Mr. Steole a s ke d Why can't It be b u l It farther into the yard? Mr. Kimmel stated hates to destroy beauty of the yard. lot of wo r k in there. \~ill sit behind house quite a ways. Lcl 15 quite narrow. Hr. Hunter as ko d what l s wI d t h ? 1"lr. Kimmel stated 75 feet. Mr. Hunter stated lots on either side approximataly the sarno. Howfar Is garage next doo r " from l l n e t Hr. Kimmel stated about 8 feet. r··1r. Hunter stated on south side of their home and yours on the north. Two garages on the same sido. ~r. Kimmel I stated yes but mine quite a ways back from his. Mr. Hunter asked is garage up in here? Mr. Kimmel stated yes. 1-11:". Hunter asked opposi ts home? r4r. Kimmel stated right. rlr. Hunter asked and about 8ft. from the line? r·'1r. Kl mme l stated rh e t Is rlnht. Mrs. Kimmel stated another reason for movlnq over so thet I \\'0 could gat into it behind the h ou s e , Unless move it-over, not much clearance back there. Mr. Hunt€lr STated 15 ·ft. from 110me to the lot line and go 2.5 feet from edge of garage to house. I f left the other way. f l ve and a half, Still ar-ound 9 ft. a little more than tho car wIdth. Reasonable with present width. Mrs. Kimmel ttated not with two car garage. Not much leeway behind houso. Mr. Hunter ~sk.d because of d r stance between the two? f·1rs. Ki mmeI stat a d yes. [5- pe c l e l l y with the truck. r,ir. Hunter asked does It h ev e to be that close? f4rs. I

Mr. Hunter asked if anyone wished to speak In favor or opposition to this appl ication and no one appeared.

DECISION: RESERVED pending receipt of more detal led drawings.

4. App lleat Ion of Robert Eo Green. J 735 Scottsv J I l e Rd. Rochester N.Y. for approval of permission to continue to operata pro- fessional pb o t cv f l n l sh l n q business In building l o c a t a d at. 1735 Scottsville Read. F-2. l·ir. Henry Williams attorney e ppe e r-e d with ~·7r. an d fks. Green. Stated not c o r f a I n what Il1Igi'l1 standing we have to ask for lI'ermlsslon <"If this board to continue to operate buslnoss In the premises on Scotts- ville r~oad. Rathor~ thinks here to discuss briefly with board a problem and ~lve board opport~nity to ~sk questions about it. Hr. Green operating in small irregularly shaped b u l l d l nq on S<:ottsvrlle Road that undoubt~~ly is faml I rar to you. Oporatlng a phQto~flnlshrnQ business vlhlch Is really quite simple to clperatlOlk and he and wHe I operate. They have offices on the first floor In this bclck b u I [ding and lab for oper

Mr. Pietropaol I asked when was action commenced and when wi I f it be heard? ~r. WI I Iiams stated received papers on Friday of last weak. Thinks Greens received too. Mrs. Green stated Friday. }':lr. Wi II lams stated returnable t h e 6th. ~4r. As s l n l (attorney for Ma r-c h l cn l ) stated the third. Mr. Hellman asked what e r o 'rhe grounds of the eviction ba sa d on ? Mr. Vllll.lams stated mont h to month ten'.lncy and t o rm t n a t ed , Naturally wo take Issue of that. Question of view. Mr. He I l men asked giving you notice? r1r. 'Iii 11- iams stated questIon about that too. Mr. Pletropaol I stated thinks that Is question for the justice court to decide.

I Mr. Hunter stated q o l n q to earlier statement thinks W'lS s a l d that Greens assured that the use to which they heve put the building Was an a I lowed use. \~h() wa s he assured by? Mr. Green statod tr:r. Merchionl. Hr. Hunter stated for 'I'he record, wcu l d like t'o state what preceded this. In Febru<'lry of 1973 f'larchioni mad e appl fcatron to this board to construct bui Idlng at the address • W..,5 speaking of tonight. The usa ap p l l e d for an office build- ing for his own business. Construction business. The board then did grant that use actually not unti I July due to conc~rns that Were expressed at lh at time, but granted in July for use as en office building for his own business. Period. Next r l mo we heard about it, told there was photo-finishing business loci'lt"ld in the structure. Any questions from tho board?

Mr. Palerma asked what Is time you need to show ~ profit or pay for your expenses, what you have put Into It so far. Mr. Green stated about at the break-even point now. Just paying b l I 15. \'Ie have recently found a suitable lecation to move to. We have zonIng prob Iems there. We have deposit with the landlord at that location. Difficult. Business based perhaps 75% on the RfT students. That is why located where we did and s t a r t ed bu- siness because hav e l oca t Lon convenience for the stu de rrt s , lIave about 8-10 cl ients ather than students. StUdios, professional photographers with studios mai Iy downtown. To our advantage to stay as close to RIT as we can. As soon as we cross the river I cost g08S up tremendously. Difficult to move to far away 50 l ocet l on important and building has o p en e d lip a n d gain!] through the board in r~och,;ster to r e z on e for us !'C) occupy an d if not, have to starr lookfng again but very critical to our business. Mr. Pa ferma asked been through rough period, now effects show - Ing somethinq? Mr. Green stated yes.

Mr. Hunter s t ats d would be ln r e r-o s t e d 1n kn ow l n q what provisions you have fer effluent from process? How disposed of? Mr. Green s t a ted Ihere i:'lre in my opinion three types of processing labs. One for the amr.t.t'il,urs, off the street, drug store, like dvn ac o l o r , large solely for<'the amateur. Professional lab t h a r deals malnly whe r e qua Ii ty not Important. Wedding photoq r a ph e r s , etc. wh e r e may be volume of processing needed. At very sm~1 I prices. A & R. Third type custom lab, and that is cate9nrv we come un de r whie!, is small volume but high q ua l l t v , Our clients other f h an s t u de n t s professional clients mally photo

Mr. Hunter stated onu other thing mIght be noted for the record whan thIs application originally before the office b u I l d l n q under the Town code that existed at that time. A few months ago,~Town adopted new code. At the time appl Icatinn came In, classified comm~ arctal "B" Doesn't bol ieve use talking about was specified as be- ing 11 Ilowed at that t l me, Vi! th the new code, th'lt property Is in Flood Hazard Prot<,;ction Zone, r-2, in which there are uses indicated a nr]I and controlled uses that can be granted by the Planning BOf.1rd If meet co r t e l n conditions. No f h i nc <'II lowed on our list as condlt1onal in new code. To my knowlerlge do~snlt believe this business e l Low e d • under old or new coda based on two zones talking about.

Mr. Hunter asked' 1f anyone wished to speak In favor of the application. Mr. Vincent As s l n I , Attorney, s t a t e d has question. I'/ould be Interes~ted in knowing if there is even an unsignod lease, If could be produced for tho benefit of the board? Mr. Wi II lams stated c~nnot answer. Mr. Asslni askad cannot produce? ~r. Wi i I fams stated not here. Mr. Asslnl Bsked can It be produced? Mr. Hunter stated doasn't know if portinent to our hearing. If you care to answer fine, Mr. Wi I Iiams stated assumes so. Mr. Assini asked by whom? Mr. Hunter asked is that approptate to the hearing before us thIs ovoning? Mr. Assinl stated beliavD 50. Appearing for Marchioni's and from their point of view it is critical and also as to the v~1 ldity of what has bOBn said haro tonight., it is critIcal. Statement made there was ana year lease that was oral but written but not signed. Wouid like to know who has written lease not s Iqn e d , r>ir. Hunter asked who has paper that was written? Mr. Asslnf stated perhaps would shed some I ight on what ~Jas said here. (·ir. \'11 II lams statad a s s umes r Fren k Webster, lawyer d0';10- tc.>vln wo u l d have It. I~lot '.... Hh our office. Formorly represented Hr. Green and former business partner.

Mr. Hunter ~5ked if anyone wished to speak In apposition. Mr. Asslnl stated not going to say opposed hut would I ike to set facts straight 60~ I for the records. Vincent Asstnl, Attorney with office at Executivo Office Bui Iding. Mr. and Mrs. Marchioni and Greens were next door neighbors or two or three doors a pa r f an d had i Ived in this fashion for quite some time. In fact, evan social f r l an ds , D'esn't know who approached who as to using building. Knews Mr. Mar- oh Ion I here, applied fer the construction of building, v e r l an ce as re- call. \~asn't ~Ilth h lm, Vari"nce for office b ul l d Inq wh l ch was per- mi tte d , in c ornme r c i a l Lv zoned area. Before building completed, somebody approached somebody, doesn't know whom. Whether Mr. Green and former partner because Mrs. Green not involved at that time to my know lodge but n e vo r spoke to him. All know is Green and f'iarchionl got togethor and inquired it could lease this building. l\t the time ";Iarchioni own business had gone rapIdly down hi I I. Construction bad and couldn't use bui Idlng and did agree with Mr. Green and partner to lea50 bui Idlng and In fact on temporary basis. Ho discussion as to what would use i~r for. Mr. Marchioni said if OK with the town OK wIth me. No assurance at any kind. As a mattor of fact from what told used to do this in home. little business. No blA machines. Took pIctures and that was extent. Hr. Harehioni said cou i d be used tor office b u I Iding and that is all. Hade no further r e pr e s en t a t l on , Mr. Davis within matter of a week after nr. Green moved in, made inspection be c au s e r·1r. Marchionl did not havo CO. Noticed chemicals. Told ~r. Marchlonl and is apparently led to believe fi 1m processing going on. Told Mr. Mar- • chioni cauld't be done in this area. Mr. Marchlonl related to Mr. Green and both c~me to my office, that would have been probably mIddle I of December, and l nq u l r e d of me If t h l s Is so and told It was. Ask.,d what chances ware of varIance, told wasn't matter of variance but rezon Ing and didn't think chances very good, because town at the time going through process of updating master pian and knew frem observation of ma~ F-2 Bnd couldn't see them rezoning to ~his USe. Told they were gOing to move and that Is last heard until s ave r a ! months later until 1515

ZonIng Board of Appeals ~,lay 28, 1974

Mr. M~rchlonl received direct order from the Town Board pursuant to resolution, threatening prosecution ~nd other penalties under the or d l n an ces of continued this use. Wasn1t actually doIng It h l ms e l f but since he Is owner that is who wrote to. Made facrs known to Mr. ~reen and said would have to move and nothing happened. Final fy sent formal notice and told them because of the sItuation they would have to vacato premises no later than April 30th. In spite of this stili In the building and in spite of admonTt!ons have made Improvements and without Mr. Marchionl1s consent and knowledge. ClaImed spent thousands I of do l l e r s which they may he v e and symp et h l ze with 111m. f~ot only in~ correct fact, sa i d ~k. Harch ion j e s s u red them th$Y c ou I d do th i s be- cause know of own knOWledge told to M,. M~rchroni after they moved in that they eouid not. As to wh~t board does, up to thom. Would! Ike to advise board because of this admonition of the Town Board ta ~r. Marchioni about use of the premises ~nd thre~tenrna penalties, have no • proce~dina choice but to bring an eviction on their behalf aga(nst Mr; r,reen or Centra color Lap Ltd. but that proceeding is pen d l n-j , w l l be heard June 3 and proceeding based on i Ilogal use of the premises. P,s far as lease one is somehow manufPlc1'ured·'. Mr. He r cb l cn l told me neWer question of written l ea s a , "'<'lId only thlnq these people dis- cussed was temporarily moving Into the buildings for of tree building to mako ~ few pictures. This is what he was told. Whet is going on there now nor what was con temp lat ed , The se are facts 'as I Know thorn' and can give to t h l s board. N0t saying against or for. r,l i I kn<'H~ is that since they moved in iHHI known to the insurance company, rates have gone up from $200 to $600 a year for insurance.

Mr. Hunter asked Mr. \'{i l l i ems , f u r-f h e r- comments? [·4r. Wi! l l arns s t at ed dbvious to the board substantial factual question. VersIon that the Greens have vastly difterent~than that of Mr. Ass!nl. Board does have op p o r t un ltv to come s e e operation if It v l sh e s to. Mr. Green wo u Id never have put mach l n e s in if t emp or-e r-v use. Hu q h and v0ry comp l l ca t e d , Mr. As s l n l st/Had thinks asked question en timo element how much time would he need rn fact before could get out of there. I \'Iilll~m$ Talking about two \1eeks or a month? j·.1r. stated applied for he a r i n q i nth e c i 'I'Y and i t wi II be with Tnthemon t han d with t h GJ so processes being what they are, probably hear In I 1/2 months. That 1$ kind of time talking about. perheps two months. Mr. Green st~te~ nat s evI n q wan t to remain in this bui l d I n q In now. For man v reasons don't want to to. Have to find satisfactory location to get out. Checked with b o n ke r- and able to advance money I need to move wh I c h will be money further In debt but at least ab Ie to q e r and move but have to have location to move to. .

Mr. Pletropaol I stated questIon could be academic next Monday if de- termination made by Town JustIce that you have to move. One of those thTngs real!y if This board said could s'rey for three months it would have no effect because the Town Justice decided case against you, obviously would havero leave Immediately. Or face addftionel cost of having sheriff corns out and move you which would't think you would went to do. \'Ianted to point that out. Time limit really not r,joing to make much difference In light of COLJrt proceedIng pending b et o r c TO'",n Justice. Ir , Green stated didn't really feal asking for three or four or one month. If board wants to see, trying to get l o c e r l on e zon~d and moved Into and.as soon as c~n have people lined up to start con s t r-u ct l on , '·,Jr. Pj e t r o pa o l i stated u n d e r st en d s but a II may go ou t the window it Monday night you loese your case. Might h~ve to fInd a place other than the one getting rezoned and that 15 out of the hands of this I board. In the hands of the TO~Jn J u s t l c e ,

DEC IS' ON: Reserved pendIng settlement of surt before Town Justice. Zoning Board of Appaals 11 a y 28, I ') 7 4

Application of Gordon Nickell 2 4 Lo r l n o Placo. Rochester N.Y. for approval of variance to erect-Z car attached garage, e pp r ox , 9. ft. from west side lot line at 25 Loring Place R-l-12. l'lrs. Nickel appeared. Stated this Is tape map and this would be the s l d e , Mr. Hunter asked this is street here and thIs Is home. ' I,~ T 31 I kin gab0 u t puttin9 t 0 car a t t a c h e d garage 9 ft. from the I west lot line? Mrs. Nickel stated everybody has had to get variance for 22 ft. garage. r~r. Hunter asked 80 ft. wide?' lol'l much d t s t an ce now? ,irs. Nickel stated 3J ft. Mr. Hunter stated 31 less 9, 22 ft. garage by how deep? Mrs. Nickel sh'red thinks 24 ft. Mr. Hunter • asked In l i n e with the front of the home or $~tba~k? ~'1rs. NiCKel s t e te d set b ac k 2 ft. [,1r. Hunter s t at ed looks like wou I d not quite meet rear. Mrs. Nlckei s t ete d 2 ft. In back. ['1r. Huntor asked next door drlveway.here l together but nacgarage here? Mrs. Nickol stat~rl no. Mr. Hunter asked do you know how far thIs home Is? ~r$. Nicl

Mr. Hunter asked if anyone wished to speak Tn favor or opposI- tion and no one appeared.

DECiSiON: Granted unanimously.

#6. Application of uun l uc k , Thomas, I-1cGrail ,'!, Assoc. , ') So Fitzhugh St. Rochester, N.Y. for the apprrova! to erect residence on Lot R-87 Sunrldge Dr. on undersized lot, bo- I 1f!J 13 I .09 ft. f n vi I d t h. R- I - I 5

~J!r. Duffy, representing owners of property, e p pe e r e d , Stated 6 ye a r s I ago appearBd betore the b6ard Qnd obtained varIance for 4 owners at t h e t time. in partnership of Smith Oenluck and other two not part- n e rs , Thore was error mado in surveying othor two lots •. This l s lots 85 Dnd 86. As a result surveyor had to buy lot 87. At that time est~b­ Iished between the owners that 82.50 ft. would be sufficient In or- der for variance to be granted. Got variance based on the 82.jO ft. 2-3 years later appeared before the Planning Goard and at that time headed fry Hr. F!nger and filed subdivision map here and required f h at lot [~-[l7 be 8J.09 ft. Subdivision map ft l o d , all of the lots, 85, 1)6, 81, t l l e d and R-8~ doodad out l n ste a d of being 90,97.5, i!:36 91.41 and remaining lot of 81.09. Prospoctovo purchaser for the property. Net wr l tten contract but has a II sorts of correspondence. $6000 t<:> sell lot. Cannot sell unless have variance an d ab l e to build on it b e c u a s e SUbject to obtaining b u l l o l n q permit. t',an viii ling to c omp l y , wl t h restriction. 51 ft. house, !O ft. from lot line, 20 ft. on s cu t h and 10.37 from the h ou s e to the south. Bet~leen two hou s e s \'1111 be 30.37 feet.

1',Jr. Huntor asked would rh t s hcuse have incorporated 'Jarage? I;!r. DUffY. stated assume within width of the house gar~ge would be because not wl rh l n !O ft. to tho south. vllthln 51 ft. vdll be h o us e an d <1?r:"QR. Says maximum width of house and whe t he r or not garage would be -- I built, doesn't kn ow , r'lr. Hunter asked wIll there be any need to r e q ue st garage in future? I·ir. Duffy stated could tei I who building wl l I be done by as far as know has plans on file and dona e vervth l n q but gotton b u i Iding pe r mlt , Bi1lnc!11 Asphalt Paving. I-lr. Hunter stated code originally cal led for 90 ft. Mrs. Tanger asked bow vdoe is corner lot1 t',1r. Duffy stared not sur. I'll I I have same dimensions, a ame sTde line. \1ill be 10ft. from the side line. r'lr. Hunter asked Is the depthn ot that lot shown? Mr. Duffy stated does have map. 15a:

Zoning Board of Appeals t';BY 28, 1974

This does incorporate garage underneath. Mr. Hunter stated curious ~bout i

I,ll". Hunter asked if anyone wished "1'0 speak in favor or opposition to this application and no one appeared.

DECISION: Gr~ntod with the understanding that a gar~ga wi I: I be incorporated into the house to be constructed. #7. Application of Robert Aman , 18 \'Ieatherwood Lane, r~ochester, N.Y. for approval of variance to erect addition to garaqe, ap p r ox , 8 ft. from west lot I l n e at 18 weatherl'food l en e ; • R-I-12. Mr. Aman appeared. Presented drawing. Stated this Is the way it is now wl rh ou! the addition. It. is one car garage on hero now. Says 14 ft. but stairwell "~O basement so only fa ft. In here for width. 22 ft. deep. Mr. Hunter asked talking of going out this way? Hr. Amen stated showing going out another 12 ft. so 22 ft. wide. 8 1~et from the boundary I t n e , ~"Ir. Hunter asked what Is the situation next door? Mr. Aman stated his house sits hare and from edge of garage to boundary is 36 feet. Mr. Hunter e s k e d if you were to ba allowed ndd- ltlon. 44 ft. What is his garage, single car? Mr. Aman stated sfngl~ car. l'/hen they but It his house goofed and h a d to get vari'1nca the other w,-,y. f"~rs. Tanger stated "rhfs pretty much takes in the little shed. Mr. Am an stated shed wi I! go. Same d f stance. Mr. Pa I erma a s ke d Wi1Qt Is width of the lot? 1'11". Aman stated 89.23 feet. r,lr. Hun r e r aSked have you had opportunIty to discuss with the neighbor. Mr. Aman stated no opposition.

Mr. Hunter asked If anvone wished to speak in favor or opposition to this application and no one appe~red. I DECIS!ON: Granted unanimously.

Application of Ronnie Fieock. 26 Fenton Rd. RoehRster. N.Y. for approval to r e p l ace single car garage wtth a [2' X 32' additIon (2 story> to be used 85 a garage wIth storago room above It at 26 Penton Rd. 6 ft. from south side l l no , R-I-12.

Mr. Feiock appeared. Stated submitted d r ow I n ns required to b r I n q , I·k. Hunter stated plot plan and statement from neighbor. ~r. TenDer stated n a rroVi lot. Hr. Fe lock stated 50 ft. w! de. Mr. Hunter stated ta I k i n o about 12 ft. wide garage attached, 6 ft. from lot "32 f t , deep. Iltr." Feiock stated reason why bigger than usual garage, drscussod with b u l Ider wh e r It would coat me because w t t nou t mov I n o it o v e r cannot flot c a r In there. Looked situation over and \dll need more room. Growing f am I Iy and have expense involved to cut garaqe down to 2 r1 ft. only knocks otf $700. Ba s l c construction cost, better off in the l on o run 1"0 go the longer length there and end up VI ith st o r-aq e r o orn in the front a n d work shop an d wl II ~!ve more l I v l n q spaco in the basement or Laundry room b e c e u s e wo r k bench and power tools all ove r the p l acc , 1n the long run, looked to be 'rh e best route.

t

Zoning Ooard of Appeals

front of the house, wouldn't want to stick out I Ike a sore thumb. Mr. Hunter asked present garage how wide? Mr. Felock stated 9'6". t~r. Hunter stated adding 2.5 ft. more, certain Iy 12 ft. not un- reasonable for garage width. ~r. Steele asked talkIng ~bout depth of 32 ft., want to use for work b6nch and storage and second floor for living expansIon? Mr. Felock stated right ~ow storeroom be- ~ilr. I cause doesn't know if will be money tofinfsh up her•• Steele a s ked that Is ultimate plan? Ik. Fo l oc k stated hopefully two years, bodroom and den. Mr. Steele stated that Is reason for the two story. Mr. Felock stated right, at the time I oat structure • f o r- the gar hood, all p r Ln c l pa l t v small cape cads and since expanded 'l'o:two story and have some re

Mr. Steele asked how close to lot line is neighbors garage? Hr. Felock stated neighbor to the north 6 ft. trom my let lIne. Other side didn't check. All end up looking about 6 ft.

Mr. Hunter asked It anyone wished to speak in favor or opposlt1on tothis application and no appeared.

DECISION: Granted unanimously tor addition to be used as a ~Jarage, storage and I Tving quarters. I

#9. Application of Robert Thompson, 8 Bayman Drive, Rochester N.Y. for approval of variance to construct In-ground swim- ming poo l e pp r ox , 1 ft. from west s l d e line at (\ Gaymon Or. R-i-15.

Mr. Thompson appeared. Stated has two reasons Why cares to do that. Onee l s right here h a s grouped of abOUT 12 trees. As It 15 has to cut about 8 and If go over 3 more feet have to knock down whole clump. Two, whole yard drainage to ease side, storm dr81nage rIght behind me and to the right, all d r a l n e q e to It. It put pool here wll upset dr6inage. Mr. Hunter asked where wi II pool go? Mr. Thompson s t ate d \-11 II put pool right here and drainage ditch 10 ft. from the lot line here and half way in the backyard. t.'lr. Hunter asked asking tor 7 f e et here? Nr , Th omn s on stated 15 ft. from the house. House sits back about 12 feet m~re than this house. Mr. Hunter asked what is back here in this yard, any structure or trees? !,lr. Th omp s on • stated a II ~lY trees. r·lr. Hunter e s k e d wh e t \'IOU 1d n e e r e s r st ructure be? 1·1r. Th omp s on s r a t e d trees almost on the lot I ine which wi f I como down b e cu a s e dead and 1-5 of t h e clump of tre e s dead. Going h~et I f h r ou qh middle oflhe clump and if go over three \IIi II take away all b ur one or two. If put pool in ml d d l e , wou l d n t t have tree lett. SIOre5 down about 4 ft. from 't h e h ou s e +0 the drainage. Mr. Hunter ~5ked what kind of trees? Mr. Thomrson stat~d doesn't know. I \~ 1 i J be 18-20 ft. from g>1rage. r'1r. Hunter asked 18 - 20 ft. from here and houso here?

!'lr. HarrIngton asked what size is the pool? r·Jir. Thompson stated 16 ~< 32 and wa I kway around the pool. r,lr. He i l man asked fence around the pool? Mr. Thompson stated on the lot line side, on lhe line. Mr. Harrington asked how much wt l l it give you back here, j -vat: ...,-

ZonIng Board of Appeals J-Jlay 28, 1974

10 feet from the lot J Ine? Mr. Thompson stated yes, has room to play wI t h there. r.1r. Hellman asked no wires that come across? Mr. Thompson statod y~s has one hore and has contncfed RG and [ to movs. Mr. Hellman asked going to use fence on this sldo2 Mr. Thompson stated whole pool I'll I i be fenced but here on let line Instead of Just around the pool. Mr. Hunter asked this will be 6 ft. high t en ce ? 1"lr. Thompson stated bel ieves has choice as l on q I as past 5 ft. Hr. Hunter stated can be no more r h an 6 in tho back yard •

Mr. Thompson asked should I go by this map? Mr. Hunter qsked as tar as location? l'IolJld say no, doesn't think c on e l de r ed legal. I',-ft- • o r ne v t s could probably direct you better but my impression Is no. ~r. Hunter asked if ~nyonG wished to speak In favor or opposItion. Mr. John Connln stated directlv across the street. Talked to Bob about plan and still not qutte'sure what plan Is. ~-1ay I see 11"1 Th is is to the waters edge of the pool? Mr. Hunter stated assume to the found~tlon. Mr. Thompson stated doesn't think coda quite clear. Mr. Thompson stated ask i ng for the water to bel 7 ft. instead of 10 ft. and around that 3 ft. walkway. mr. Connln asked walkway within 4 ft. of the property line? Mr. Thompson s t eted right. An d bwtween th er-e w l l I leave what 15 there and out on lot line. r~r. ConlUri stated realize not pertinent to the va r i an ce as far as 10 vs 7 but what wi II fence be? Mr. Thomson stated right now contracted for chain link around whole pool which on this side 90ing to ch~nge because have trees here from this man's Yard but here nothino. So thinks that I'll i I be chanGed to redwood o~ something. Hasn'. ~ontracted for that right now chain I ink. I f worse comes to wors e would weave, doesn't care for It, would rather have wood. Hr. Connin stated lots on this s I de of the street offset, not lined up. Essentially, con- I ter of my living room looks down at lot line and depending upon the fence to Q certain oxtont either do or do not have oppositIon. Mr. Hunter asked trees in this area? Mr. Thompson stated trees t n this area. Mr. Cannln stated from our yard have ciear view back there. Whatever t~e.s there are, apparently fairly wooded area, taf I treGS but with lIttle f o l Laq-s, r~r. Thompson st"lted knows wh a r trying to say but marked off and when I stand ''It edge of hOU5G cannot sse l I v l n q room or porch. If you ward to see in backyard, can ~!al!< d~wn street to driveway and look In therB. Mr. Connln stated wtthour havln~ seen before dossn't know where were going to put It. ~r. Thompson steted th i s wII j extend bah Ind the garage because have 13.5 feet bet'.~een o e r e ne and lot line. ~-lr. C"nn instated c ann or sen h0'.1 COl.! I d not see It from -rho porch or I iving room. Mr. Thompson S·hlt",d wilen if doesn't get 3 ft. going to extend beyond the garage. Mr. Cannln st-ated q ue s r l on of percentages. In that n e l qh b o r h o o d talking about probably It pools en d 1·0 be of knowledge, cannot see from the street. Mr. Thompson stated can see one next to you from my I iVlng room. l"lr. Connin stated but It is behind the house.

f··1r. Hu'nr e r' stated t e l k l n q in torms of red \1ClOd fence t h e r o , What If we n r thIs Wl:JY as well? Hr. Con n l n stated my objection goes away if has guarantee that th e r e is b ar r l e r to block visibility. Mr. Hun le r nsk~d any reason ~c dJ5~~ree? Mr~. ThompsQn st~tQd yes, $48 for 8 fft section and WQuid have to go to garage ~nd across. Mr. PalBrmo Bsked • ~Iov~n? how much Is chain link fence, Hr. Thompson stated th et 15 I nothing. viii I weave. Ov~r here no TrO'3S and look Into 6 yards. For me to look at his h o u d a when In pool, don't wen t them to look at me, all I sea is trees. IT Hunter a s ke d what investment in total as you see now with chain fance? Mr. Thompson stated about $5300. Mr Conn!n statod thinks one beech tree, ono hickory and others are swamp oak. Largest about I" in diameter and that is dead. There Is a drainage along thts property lIne. Mr. Thompson stated wrong, swamp. Mr. JLQtr.::Jb·.

Zoning 80ard of Appeals May 28, 1971/

Connln stated doesn't drain. Mr. Thompson stated this house has been sold e nd those that wi II move in in June are aware of the pool my whole yard was suppose to slope I ike this and both yards to go there but both go this way and whon it rains have a l a ke , Would I I ko to fill with ox ce s s dirt from the pool. Doe:>n'f I drain Ilk<=) to the s t r-ee t ,

Mr. Conn!n stated there is drainage problem in through here and doesn't drain here. Mr. Thompson stated drainage on this man's • lot line. From here my yard drains to the oast. Mr. Connln stated if can guarantee on the fence, would have no objection.

tvlr. ~I i II i am Hj I I. new ne 1ghbor, ap pe a r e d, \.J II 1 mo ve Tnto ho us e nex r door in June. Mr. Thompson stated told previous owner that when pool In \·1111 leave dIrt there and we can fi II l n , t~r. Hi II statod one of the things heard about was fence, Interested In putting one up too. No objection to the pool being 7 ft. from the lot I l ne , Just interested in finding out ab ou t fence and swamp •. lf Got together on the fence could cure John's concern too. .

DECISION: Granted with the stipulation that a solid wood fence be constructed from garage line to west property line to screen view of pool from street.

#I(), Application of Jerry and Barbara 501tas, 28 Selmar Drive Rochester, N.Y. for approval of variance to erect addition to garage approx. 13 feet from south lot I l ne of property, at 28 Solmar Drive. (corner lot) R-I-15

Mr. $oltas appearod. Mr. Hunter asked drawings shows home, I garage, as presently exist and in red is proposed addition, correct? r'lr. Soltas sta re d correct. Mr. Hunter stated would bring 13 1 3" from the line. Old code called for 20 feet from the corner. Presently 60 ft. could you tell the reason? Mr. 50lta5 stated additional sto- rage space, b l ko s , lawn and pool equipment. etc. instead of trying to get around the cars. ~r. Hunter asked any considerations to going out in back instead? r'lr. Sol t as ste t e d slate p e t I o a ] ready instal led before bought the house. Would change entire roof I ine of garage. Ridge pole runs this way. Shed roof on the bftck and would chanqe shapo of the houso. This addition would have same roof li~e of 9xlstlng garage. Just 10 feet. extension on the sides and front.

fk. Hunter asked what Is total lot ~lidth? r·4r. s o l t as stated 'l() feet. Mr. Hunter asked sfttlng 10'7" on the other side, presently ~Hwe two car garage? Mr. Sci f a s s t a t a d yes. lot lIne about 12 ft. from the road now. Paced off and thInks 37 ft. to the edge of the road from existing garage. Mr. Hunter stated should be 60 feet road with 24 ft. pavomont. Should be 18 feet to the boundary nor- mally. Any quostions from the board? Mr, Hel l man as ke d have you talked to the neighbors? Mr. Soltas .tated talked to some and no ObJection. Previous owner had dog run along this side of the ~aragG. Dog house on the side and en- • closed w l r-e fence that ran en t l r e length of the gntialfy 60 feet. r·~r. Soltas staten front of nel"hbor's house runs riah~ throuqh middle of my kitchen at this point. Hr. Palormo asked flow o l d j's hous"'. r~r. Soltas stated 6 years.

Mr. Hunter askad if anyone wlhed to speak in favor or oppoII tlon and no one appeared. Oenied Unanimously. ROBERT HUNTER, CHAIRMAN 15l'

ZONING BOARD OF APPEALS June 25, 1974

A Meeting of the Zoning Board of Appeals of the Town of Chili was held in the Chili Administration Offices, 3235 Chili Avenue, Rochester N. Y. 14624 on June 25,1974. The meeting was called to order by the Chairman, Mr. Hunter, at 8:00 P.M.

Present: Robert Hunter. Chairman Gertrude Tanger Richard Harrington I John Palermo Ray Steele Carlo Mullaney r, Jan Chapman

• Also Present: Patrick J. Pietropaoli, Town Attorney Alfred J. Heilman, Deputy Town Attorney R. Thomas Ward, Building Inspector

Mr. Heilman stated there are ten applications which have been duly published in a paper designated by the Town Board for that purpose and affidavits of this publication are on file in the Town Clerk's office.

I. Application of Ace Swim Serv, 820 Paul Road, Rochester, New York, for approval of renewal of variance for 2 signs 4' ~ 8' on south and east sides of building at 820 Paul Road. C-2.

Mrs. Easton appeared. Mr. Hunter asked signs flat on b~ilding on each s~de? Mrs. Easton atated yes. Mr. Hunter asked lighted? Mrs. Easton stated no, had asked for last year and turned down. Mr. Hunter asked painted metal signs? Mrs. Easton stated not metal, made by painter, doesn't know what they are except a painted sign. Mr. Hunter asked plans for any maintenance? Mrs. Easton stated no. Mr. Huntor stat~d I don't look in too good shape, don't know how rest of Board feels. Mrs. Easton stated installed signs and painted around them last year. Mr. Hunter stated looked like they needed painting and curious to plan. Mrs. Easton stated no plans to repaint as far as knew. Mr. Hunter asked other questions from Board? Mrs. Easton asked variance renewed for more than one year at a time? Busy time of year and had to take time off from work to come. Mr. Hunter stated something Board would have to decide. Also question of sign in window which says have moved. Mrs. Easton stated not sign talking about. Mr. Hunter asked business run from other building? Mrs. Easton stated Y8s, lease other building for repair work and do not use for customer service. BUilding across road is one want signs for, not 799 Paul Ro a d , Mr. Hunter asked one on old church? Mrs. Tanger asked use building at all now? Mrs. Easton stated lease for repair work, no customer service. Mrs. Tanger asked sign could come down? Mrs. Easton stated thought it could. Mr. Hunter stated those signs he was tlaking about. Mrs. Easton stated not here about those signs. Mr. Hunter stated realized wh i ch building talking about now.·::· Mr. Palermo asked need sign on Paul Road? Mrs .. Easton stated yes, that's. why here. Mr. Hunter asked one you arc doing business in now? Mrs . Easton stated yes, on church. Mr. Pietropaoli stated used to be at gas station, now in old Baptist church. Signs Mr. Hunter talking about s i g ns on old gas station. Mr. Hunter stated right. Mr. Pietropaoli stated those signs in ~isrepair. Signs she is talking about on old church, • "arne signs here for last year. Mr. Palermo asked not doing business at I gas station, could signs come down? Mrs. Easton statod probably, but would have.to talk to them about that. Mr. Hunter stated reason Board went to one year on present building was some question on how long would be there. Mrs. Easton stated bought building. Mr. Hunter asked intention to make permanent location? Mrs. Easton stated yes, bought building befbre came before Board last year. Mr. Heilman suggested Mr. Hunter meant expressed at that time weren"t too SUre how long would be in that building. Mr. Hunter asked other questions from the Board? No one spoke. .,..._c, '...... ,._.... «'fl'::" .;:. ~

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ZONING BOARD OF APPEALS

A Meeting of the Zoning Board of Appeals of the Town of Chill will be held In the Chill Administration Offices, 3235 Chill Avenue, ROchester, N.Y. 14624 on June 25, 1974 at 8:00 P.M, to consider the following applications; 1. Appllcatlon of Ace, Swim Serv, 820 Paul Road, Rochester, N,Y. for approval of renewal of variance for 2 signs 4' x 8' on southand eastsidesof bulld- Ing at 820 PI!-ul Road. C~2, 2, Appllcatlon of Robert W.... Hopkins, 230 Polaris Street, Rochester; N.Y. for approval of renewal of variance for 2 signs, one 4' x 8' on building, spot- lighted, and one internally lighted on exiating pole, adver- Using. Pink Parrot, located at 3209 Chill Avenue, C·2, 3. Application of Malcolm G1azer,-' 1357 Monroe-Avenue, Rochester, N.Y. for renewal of variance for sign 73" x 120~, on poles, located at Evergreen Acres Mobil Home Park, 1345 Scottsville Road., C·lL 4. Application of Imants Vito· lins, 27 Saddleback Trail, Ro- chester, N.Y, for approval of variance to erect storage shed, 12' x 14' approx. 3' from N, Jot line on property at 27 Sad- dlebaek, R-l-15. 5. Application of Charles Pal· mer, 146 Attridge Road, Churchville, N.Y. for approval to erect above ground pool 16' x 32', 6,5.ft. from S. side lot line at 146 AttridgeRd. R-I-15. '6,Application of Angel Jimenez 55 HayIDarket Road, for appro- val of variance to have wooden storage shed, 9' x 12', appr;. 6' from side lot l~ne" 4 ft. from ..: rear lot line at. 55 H!lYIDarket .. Rd, B::r~i~--~-''iji'''''~ 7. Appll!la'tlon of Joseph Mono- -:. polt, rZWeafD.er\iiOOdLane, Ro- ' chester, N,Y, for approval of variance to erect addition on home to extend appro 42' from front lot line, 8 ft. from west side lot line. at 12 Weatherwood Lane. R-1-12. 8. Application of Ralph Grady, 15 Watch Hill Dr., .Rochester', N. Y. f(>r approval of variance to erect 4' fence along east side lot Ilne, paralleUng Ever- green Dr" at IS Watch Hill Dr .• R-I-15, 9. Application of Thomas Pug- lia, 10 Lawnsbury, Rochester, ,N,Y. for approval of variance to Installinground pool approx. 8 It. from basement, 4 ft. ,f~om NW lot line and 10 ft. from NE lot line, at 10 Lawnsbury, R -1- 15. 10. Application of MoMl Oll Corp., P,O. Box 159 Liverpool, N, Y. 13088, for approval of re-. newal of variance for internal- ly illuminated, non-rotating sign located at service station at 2765 Chill Ave. R-1-12. All interested parties are hereby requested to attend, By order of the Chairman of the Zoning Board of Appeals, ROBERT HUNTER Chairman Zoning Board of Appeals June 25, 1974

Mr. Hunter asked if anyone wished to speak in favor or opposition and no one appeared. DECISION: Granted for one year or as long as they occupy building, whichever comes first, and request that signs at 799 Paul Road be removed.

2. Application of Robert W. Hopkins, 230 Polaris Street, Rochester, 'N. y. for approval of renewal of variance for 2 signs, one 4' x 8' on building, spot-lighted~ and one internally lighted on existing pole, advertising Pink Parrot, located at 3209 Chili I Avenue. C-2. , Mr. Hopkins appeared. Mr. Hunter stated all familiar with signs in 5 question. New code recently revised requires (1) any lighting on signs required to be internally lighted. Mr. Hopkins stated taken spot lights• out. Mr. Hunter asked not lighted? Mr. Hopkins stated no light now, same question last year and taken lights out. Mr. Hunter stated (2) free s tani ng signs being phased out and p r ov i d ed for up to 3 years Fo l Low - ing passage of ordinance providing approved. Board might approve for some period of time but maximum would be 3 years from passing of ordinance. Mr. Hop~ins asked what considered free standing sign? Mr. Hunter stated sign not attached to huilding. Mr. HOpkins stated would like sign approved for three years then. Mr. Hunter stated understand desire and up to the board. Mr. Harrington asked same signs, no alterations? Mr. Hopkins stated just removal of lights on pole sign.

Mr. Hunter asked if anyone wished to speak in favor or opposition and no one appeared.

DECISION~ Granted until March 29, 1977 on free standing sign and for one year for sign on building.

3. Application af Malcolm Glazer, 1357 Monroe Avenue, Rochester, N. Y. for renewal of Variance far sign 73" x 120 tt , on poles, located at Evergreen Acres Mobile Home Park, 1345 Scottsville I Road. C-2. No one appeared when originally called. No one appeared when called at ehd'of agenda. DECISION: Denied.

4. Application of Imants Vitollns, 27 Saddleback Trail, Rochester, N. Y. for approval of variance to e rec t storage shed, 12' x 14', approx. 3' from north lot line on property at 27 Saddleback Trail. R-I-15. Mr. Vitolins appeared. Mr. Hunter asked sketch of lot to show how would fit in? Mr. Vitollns stated has pictures of slab. Mr. Hunter asked explain view in large picture? Mr. Vito1ins explained looking west. Mr. Hunter asked asking for 3 ft. here? Mr. Vitolins stated mistake, really only I ft. Mr. Hunter asked distance between home and home to north,1I29? Mr, vi t c i t n.s stated 13'4" on his property, doesn't know about his. Mrs. Tanger asked waht to amend application? Mr. Vitolins ... stated yes. Mr. Hunter asked other pictures show same slab.from different views? Mr. Vitolins stated yes, didn't know zoning laws and reason put slab there to try to conceal it from meighbors. l'lr. Hunter asked talked to neighbors about this? Mr. Vitolins stated neighbors I thought too close to his line so called town and found had to be 10 ft. Dway. Mr. Hunter asked views east and to north? Mr. Vitolins stated south corner of lot. Mrs. Tanger aske~ house b~hind you? Mr. Vitolius stated yes. Mr. Harrington asked large picture house behind you? Mr. Vitolins stated yes, sits down, there is bank about 10 ft. that drops off. Mrs. Tanger asked how far from back? Mr. Vitollns stated approxi- mately 4 ft. from rear lot line. Mr. Hunter stated also re~uired variance, think require 30 or 40 ft. Mr. Vitolins stated understood 10 ft. each way when called. Mr. Heilman stated 40 ft. Mr. Hunter stated requires minimum 40 ft. from your home, but guess does not apply to structures like this. Mr. Pietropaoli stated it does apply. Mr. Hunter stated does apply, same as garage would. Mr. Pletropaoli stated if was portable, 15B

Zoning Board of Appeals June 25, 1974

would have to be here. Mr. Heilman asked how big is shed? Mr. Vitolins stated 12 ' x 14'. Mr. Hunter asked height? Mr. Vi tolins stated approxi- mately S'8" to top, with. barn type top. Mr. Pietropaoli asked wood? Mr. Vitolins stated yes. Mr. Hunter asked what is barn type? Mr. Vitolins stated gable, Mr. Hunter asked kind of clearance? Mr. Vitolins stated enough to walk in through gable end. Not according to zoning laws, but felt least'objectionable as far as site. Mr. Hunter stated understand, not trying to give hard time, tfying to understand situation. Mr; Hunter asked talked to neighbor behind you? Mr. Vitolins stated no. I Mr.Hunter asked aware? Mr. Vitolinsstated doesn't know. Mr. Pietropaoli asked construct yourself or bu~ one to put on slab? Mr. Vital ins stated looked into one already built. What constitutes permanent structure? Can build wood shed that can be moved. Mr. Pietropaoli stated what trying to get at, some of ones pre=built just ~et on slab, secure with • couple of bolts each end to hold down. If wanted to move, unscrew bolts, pick up and take away. This type? Mr. Vitolins stated whichever.type allowable, will built. Mr. Pietropaoli asked purchased yet? Mr. Vitolins stated no. Mr. Pietropaoli asked not something already brought in and waiting to put on slab? Mr. Vitolirts stated no. cari build it or can be pre-built. Mr. Hunter asked other questions from Board? Mr. Palermo asked 1 ft. f r om side lot line and 4 ft. from rear? Mr. VLto Lf ns stated yes. Mr. Hunter stated 1 ft. from north side line and 4 ft. from rear which would be to ~est. Mr. Vitolins stated big picture taken early spring and smaller ones last ·week. Mr. Heilman asked everything kept inside? Mr. Vitolins stated yes, lawnmower, snowblower. Mr. Hunter asked questions from audience on application? Mr. Anthony Crispino, 29 Saddleback Trail, stated not objecting to rear lot line, objecting to my lot line. Mr. Hunter asked n c Lghbo r- to north? Mr. Crispino stated talked to and wants to know if makes permanent struc- ture and I want to sell home. first thing lawyer going to look at. Is he willing to pull down if people buying house want him to take down? If riot, I'll object. Mr. P.ietropaoli stated two lawyers here represent town. If Board gives variance on this man's property, legalizes structure I on that property even if something less than zoning requires. Uas no effect on your property relative to title of that property.' When surveyor comes out to make map of property to locate structure. won't locate structure on your property. ffput shed 1 ft. away from his ~roperty without variance, you would have a problem. If we legalize shed for his property, has no effect on your property. Hope answers question. Have other objections? Mr. Crispino stated objected to it being that close to lot line. Mr. Hunter asked how far from home is komth lot line? Mr~ Crispino stated little over 10 ft. from both sides, what builder told me. Doesn't know if 10 ft. from home or 10 ft. from chimney. Have asked builder for information. If 10 ft. from chi~ney, on my property. If 10 ft. from home, 1 ft. all own Lo t line. Doesn't know, tryi,ng to get builder to find out. : Mr. Pietropaoli asked requested information from Archer Homos? Mr. Crispino stated yes, went to see Al and he was supposed to get map for me: Mr. Hunter asked anyone want to speak in favor? Robert Renkert. 33 Saddloback Trail. stated :neighbor 3 houses down. sure he would keep shed in good condition. that's way property is. Can speak only from that standpOint. Mr. Hunter asked if anyone else wished to speak in favor or opposition • and no one appeared. I After regular agenda. Mr. Vital iris returned; Mr. Vitollns asked can put portable shed on slab? Mr. Pietropaoli .s t a t e d slab not a structure. If brought portabLe shed in and anchored down so not blown away, if decided to ~ove, just unb6~t and move away. Mr. Vitolins stated inquired about that type, what constitutes permanent structure? Understood steel shed not permanent structure. Mr. Hunter read definition of loU

Zoning Board of Appeals June 25, 1974

structure. Mr. Hunter stated looks liko anything fastened down would be considered structure. Mr. Vitolins stated called before and found out shed had to be 10 ft. each way. Said steel shed could go on. Guess wasn 1 t quite suro. Asked him could build wood shed could transport. have to have anchorage for steel shed? Went to wood shed past winter. Mr. Hoilman stated significant question, but neighbor raised important question. Board unable to decide until have survey map. Mr. Vitolins stated measured from tape map. Mr. Heilman stated bottom of map statesJ not to be used for location of structure. Just trying to save you logal problem in selling your property someday. If on someone elsers propert willhavB problem. If heen there more than 10 years, by process of law belongs to them. Mr. Pietropaoli asked great urgency for structure? • Assume before winter. Mr. Vitolins stated yes. Mr. Hellman asked possi ble to come back before Board next month with definite map? Mr. Vitolins stated other problem, guy in ·back. Mr. Heilman stated think should talk to. Mr. Pietropaoli stated 4 ft. doesn't present biggest problem, it's 1 ft. Mr. Heilman stated cost you $75 to $100 to survey. but would be good investment for any addition or fence. Mr. Vitolins asked still doeSl1't give variance? Mr. Hunter stated still question as to what Board would act. Mr. Pietropaoli stated at least Board would have information in order to make decision. Now have incomplete appli- cation. As attorneys for Town and Board, if asked would advise Board not to vote on application now. Mr. Palermo stated maintenance consideration, 1 ft. from line. Even portable, if neighbor puts up fence, lucky if can squeeze in there. Mr, Heilman asked possible to lay in more concrete and come over foot or two. at least 2 ft. or 3 ft? Mr. Vitolins stated have to cut down two trees. Mr. Heilman asked even for 1 foot? Mr. Vitolins stated yes. General discussion over pictures and map.

DECISION: Reserved pending receipt of survey map.

5. Application of Charles Palmer, 146 Attridge Road, Churchville, N. Y. for approval to erect above-ground pool 16' x 32'. 6.5 feet I from south side lot line at 146!1.ttridge Road. R-l-IS.

Mr. Palmer appeared. Mr. Hunter asked reasoning for location? Mr. Palmer stated had pool since March and would like to get up. Asked outh neighbors where is 6.5 feet from lot line and said it was all right. Reason for variance, man on north side thought was too close on south side and put in complaint. Have approval from people on south side and people across the street. Mr. Hunter asked submit sketch showing location? Mr. Palmer statod pie-shaped lot, have plenty of width, but have it right down to end of lot line. 6.5 feet from south side, 13 feet from end lot and 13 f~et from north lot line. Mr. Hunter asked frontage! Mr. Palmer stated approximately 200 ft., pie=shaped narrowing to back. Mr. Hunter asked how wide in back? Mr. Palmer stated approximately 26 feet. Mr. Hunter asked how deep? Mr. Palmer stated 230 feet. Mr. Hunter asked 13 ft. from one lot line and 6.5 from other, what would prevent shifting so wQuldn't have problem? Code calls for 10 ft. Mr. Palmer stated large poplar tree. Mr. Hunter asked where? Mr. Palmer stated to south side. Mr. Hunter asked would sit in area where pool would sit? Mr-, Palmer stated correct. ~fr. Hunter asked other questions from Board? Mr. Mul~aney askDd how far to back of house? Mr. Palmer stated all the way to end, about 70-80 ft. Mr. MUllaney asked reason • you couldnt bring closer to avoid- trees? Mr. Palmer stated leach beds. wanted to put in center of lot, septic tank next to house. Kayak Pools of Buffalo, who will be installing pool, will not put on top of I leach beds. Would guarantee to wreck pool. Mr. Palermo asked poplar tree on south side of pool? Mr. Palmer stated yes. Mr. Palermo asked between pool and neighbor on south is 6.5 feet? Mr. Palmer stated yes. !·!r. Palermo asked couldn't go other way? Mr. Palmer stated really no" reason except hole is already dug. Kayak already spent $200 to dig hole. Mr. Palermo asked can't move because hole is dug? ~jr. Palmer stated yes. Slant of land goes to back and all open land behind me. Would like signatures of people by me? Mr. Hunter stated up to you, if Zoning Board of Appeals June 25, 1974

like as matter of record. Mr. PalmeT stated yes, for people who live to south. Have signature of people to south and across str~et. Mr. Hunter asked address of Mrs. Wright? Mr. Palmer stated 147 and 150 for Hermans. Mr. Palmer stated would like to say don't know how would get out of this if had to talk to Kayak about taking pool away. Have quite a bit of money in it. Dont know how would work it out. Mr. Palermo asked have map to show how would sit on property? Mr. Palmer stated had one but did not bring. Sketched for clerk in front, thought WaS sufficient. Mr. Hunter stated not attached to application. Could do I for us? Something should have for record. Show all dimensions of lot and location of pool •

Mr. Hunter asked if anyone wished to s~eak in favor or ~Dpposjtion and no one appeared. Mrs. Tanger asked could go home and get map so can make decision tonight? Mr. Palmer stated be back In 2D minutes. Mr. • Hunter stated would allow us to consider tonight. (Mr. Palmer returned with map later in meeting.)

DECISION: Granted unanimously.

6. Application of Angel J~menez, 5S Haymarket Road, for approval of variance to have wooden storage shed, 9' ·x 12', approximately 6 feet from s~de lot line, 4· feet from rear lot line, at 55 Hay- market Road. R-I-12.

Mrs. Jimenez appeared, stated husband ha~ to work. Mr. Hunter asked sketch submittedl Mrs. Jimenez st.ted no, but brought tape location map. Mr. Hunter asked sketch approximate location. already have dimensions. 6 ft. from sIde line and 4 ft. from rear. Mrs. Jimenez stated amendment to S ft. from side line and 2 ft. from rear. Mr. Steele asked structure up already? Mr. Hunter stated.under construction when looked Sunday. Mrs. Jimenez stated go Ln g v t o put up metal shed over year ago and neighbor's blew away because no trees so decided to build wooden one instead. Mr. Hunter asked nearest home? Mrs. Jimenez stated behind I us. Mr. ,Hunter asked how far away from shed? Lot same size as yours? Mrs. Jimenez s t a t.e d vsmaLl e r , think, doesn't know exactly. Mr. Hunter asked could apprOXimate? Your lot 169£t. deep? Is your homes closer to shed than home hehind you? Mrs. Jimenez stated about same. Have signatures from peoplo behind us and to right. Mr. Harrington asked why amended to 2 ft. instead of 4 ft. at rear lot line? Mrs. Jimemez stated when came in for perm"it didn't realize would have to give dimen- sions and guessed. Mr. Harrington asked already 2 ft. from lot line? Mrs. Jimenez stated yes. Mr. HarrIngton stated only ·problem is have signatures from people behind you now, if sell proporty, other owner~ decide to put fence on lot line, 1 f your building wa s in noodof repair, 2 ft. is small area to get between for painting or anything, is very close. Reason why asked if could move it or permanent f'o u nd a t Lo n , Mr s , Jimenez stated yes. Mr. lIunt·er asked slab or what', Mrs. Jimenez stated concrete blocks and bolted in, thinks. Mr. Harrington stated could be moved one or t wo blocks easier than concrete slab. Thinks ·along lines of own pro- tection if s o meo n e were to put up f'e.n c e directly behind you, you f d be stuck. Mr. Hunter asked height? Mrs. Jimenez stated doesn't have any idea. Mr. Hunter asked wooden? Mrs. Jimenez stated yes. Mr. Hunter asked kind of roof? Mrs. Jimenez stated peak, slants down like home. Mrs. Tanger asked husband constructing or roady made? Mrs. Jimenez stated hired someone to construct. Mr. Harrington asked strictly fol" • storage? Mrs. Jimenez stated right. Mr. Harrington stated height would not be excessive. Mrs. :JIm'enez stated right.

I Mr, Hunter asked if anyone wisbed to speak in favor or opposition and no aile appeared.

DECISION: Reserved pending inspection by' Building Inspector. Zoning Board of Appeals June 25, 1974

7. Application of Joseph Monopoli, 12 Weatherwood Lane. Rochester, New York, for approval of variance to erect addition on home to extend approximately 42 ft. from front lot line, 8 feet from west side lot line, at 12 Weatherwood Lane. R-I-12.

Mr. and Mrs. Monopoli appeared. Mr. Monopoli stated 42 feet really from road. Mr. Hunter asked actually from pavement'? Mr. Monopoli I stated from pavement edge 81 feet to present garage, would be 20 feet less to edge so would be 61 feet from edge of road to where new garage would be. Mr. Hunter asked 42 feet is actually from lot line? Mr. Mono- poll stated yes. Mr. Hunter asked ranch style home? Mr. Monopoli state~ yes. Mr. Hunter asked what proposing to do in making addition? ~ Mr. Monopoli stated put two-car garage in front of present garage and extend roof on side, .would overhang slab 8' x 22' and probably enclose as patio later. Mr. Hunter asked living quarters out of present garage? Mr. Monopoli stated yes, family room. Mrs. Monopoli stated in keeping with style of house, hipped roof, etc. Mr. Hunter stated basic problem is code calls for 60 ft. from lot line, asking for 18 ft. encroachment. Mr. Monopoli stated on slight curve on street so all houses cannot be in exact line. Mrs. Monopoli stated also have vacant lot .on side. Mr. Hunter'asked who owns? Mrs. Monopoli stated Mitchell Acres. Mr. Hunter stated have to assume will be home eventually. Board interested in something.bout property would allow Board to act favorably on this. Diffiault to act on this because of your' family need. Don't misuJl.d."rst~~nd, .a Ll have families and understand that. f'Yhat asking .f'o.r is right to overrule code to some 18 ft. which is .quLt e a b i.t . Relatively new neighhorhood, doesn't know h ow old your home is. Mr. Monopoli stated will not detract from house or appearance of neighborhood. Gotten ·together with all neighbors around us and t h oy think it an improvement of neighborhood and will not detract neighborhood and not out of line with relt of homos. Mr; Hun t e r stated appearance matter of esthetics . Mrs. Tanger stated I overy other person on street could come in and ask for same thing. ~Ir. Monopoli s t a t e d doesn't feel ·detracting from house, wouldn't build if did. Mrs .. Tanger stated everyone has same opportunixy. Mr. Monopoli stated fine. ,Almost all homes on street have additions of some sort already. Mrs. Tanger stated this can be. Mrs. Monopoll asked why questioning front so much versps side and back? Mr. Hunter stated would question on any side if required variance. Doesn't know particular situation, but maybe could expand in real:" without violating code. What would hope would do.

Mr. Monopoli stated reason going this way, gaining a lot more for dollars ·invested. .Fami Ly room on 'first floor, patio and t\qo-car garage. Would cost almost ,as much just to add additional stall to garage. Mr. Hunter stated can appreciate. Mr. Monopoli stated will add to value of home. Mrs. Monopoli stated would not be as valuable to back because .would be off present. living room and family room off living ~oom not as practical as family room off kitchen, which present garage would be turned into. Mr. Hunter stated you're saying more functionale Mrs. Monopolistated more functional and make house worth more. Mr. Hunter stated problem for Board because frankly have not heard valid reason that can use to grant this. Mrs. Monopoli .s t a t e d couldn't go to side .fo r- fami ly room and t.wo s c.a r garage because • 110 room . Mr , Hunter stated appreciate way home b u i Lt for si ze it is, to change significartly have a probl.em. Mrs. Monopoli stated with our lot s Lz e , Mr. Palermo asked this pres:ent garage? (Discussion over I map. ) Mr. Harrington stated understand. to do this have to set precedent. You are asking for one third of new law which always has been 60ft. setback. Say if a Ll ow, anyone on street could como in and want 22 ft. because you were allowed to do this. You could go back, although you say don't want family r-o om ro'ff living room. Not valid. r e a s on . Mr. Monopoli s t a t e d that's not only family room, also want two-car garage. Would cost more money to do other way. Mr. Harrington stated sympathetic and understand. Asking us to set precedent, that's why Mr. Hunter said unique one to handle. Mr. Mon opo Li asked why didn't say at beginning. Wouldn't have bothered submitting variance. Mr. Hunter stated no one can say what Board wi Ll approve. Zoning Board of Appeals June 25, 1974

Mr. Monopoli stated why should I be first? Mrs. Monopoli stated have givon for side and back. Mr. Palermo stated within reason. Mrs. Monopoli stated this within reason. Mr. Monopoli stated L-shaped ranch didn t t think would be p r ob 10m or out of line. Would make roof line so would be L-shaped ranch: Mr. Harrington stated understand your thoughts, want you to know what we are up against. (Discussion and suggestions over map.) Mr. Hunter stated don't mean to give hard time, know what you are up I against. Mrs~ Tanger stated have guide line have to operate with. Mr. Monopoli asked turned down for front moan turned down for side? Mr. Hunter stated if turned down~ turned down period. Can come back and try something else. Could not try same thing again within year. l\>lr. Monopoli stated "two variances .tnvo i ved , one on side and one on • front. Mr. Palermo stated all part of same application. Mr. Mo no po l i stated still would be applying for two-car garage still 8 ft. from side line. Mr. Palermo stated want two-car garage will have to go farther out. No neighbor on side?- Mr. MonopDli stated no neighbor

now, b u t i Le ft. from house to side 101: line. Mr. Palermo asked lot same size as yours? Mr. Monopoli stated yes. Mrs. Tanger asked what is size of lot? Mr. Monopoli stated unique shape, 85 ft. by 176 ft. and pie-shaped. Mrs. Monopoli stated on curve, that's why thought setback wo~ldn't mean that much and wouldn't be out of line ~ith rost of homes. Didn't get signatures from neighbors, didn't realize needed. Mr. Hunter stated don't need, nice thing to have. Will consider but trying to be honest with what we have to face. Mr. Hunter asked if anyone wished to speak in favor or opposition and no one appeared. DECISION: Denied _unanimously.

8. App Ldc a.t i on of Ralph Grady, 15 W-atch -Hill Drive, Rochester, New York, for approval of variance to erect 4 ft. fence along I east side lot line, paralleling Evergreen Drive, at 15 Watch Hill Drive. R-I-lS. Mr. Grady appeared. Mr. Hunter asked submitted sketch with application? Mr. Grady stated wife brought tape location map when filed for v a r Lan cc . Mr. Hunter stated not se-en. -Mrs. Luedke gave Mr. Hunter map. Mr. Hunter asked corner lot? Mr. Grady stated yes. Mr. Hunter asked show on map where fence would be? Mr. Grady stated this front of property and side fence would run along side to back. Mr. Hunter asked how far up plan to put? Mr. Grady stated would stop short of Ln ter s e c t Lon . Mr, Hunter asked would be northern extremity after - curVe of lot and go south to rear lot line and across rear lot line on lot line for full width? Mr. Grady stated correct. Mr. Hunter asked purpose of fence? Mr. Grady stated two main reasons should be home asleep now -- two children. More and more people pay less attention to stop sign and seen kids come close to being killed there. That is primary reason. Secon~, house sets in about 50 ft. from east side of lot, get traffic cuttin~ across lot, both in way of animals who leave deposits which kids sometimes pick up and put in mouth. Children run through with soccer balls, and neighbors hitting golf balls, and two occasions in last month h~ve paople drive cars through front of lot and side. Have picture. • Mrs. Tanger asked type of fence? Nr: Grady stated post and board. Like house on Buffalo Road up near St.one)' Point Road. Mr. Hunter I asked solid board fence? Mr. Grady stated no, rails, about throe would do. Mr. Hunter asked picture of tracks across lawn? Mr. Grady stated yes. Again, Saturday night someone drove up east side. After spend $100 on fertilizer, grub killer, etc., gets a little aggravating. That plus danger of chIldren running in road, thought would be hotter served with fence. lti4

Zoning Board of Appeals June 25. 1974

Mr. Hunter asked natural wood color? Mr. Grady stated no, paint. Mr. Hunter asked talked with neighbors? Mr. Grady stated YDS~ think good idea. Mr. Palermo asked show on map where fence would be? (Discussion over map) Mr. Grady stated reason for variance, want heightahout 4 ft., 3 ft. fence only challenge to kids. Mr. Palermo asked not closing off, only barrier? M~.. Grady stated right. Mrs. Tanger stated more like decorative fence. Mr. Harrington asked 4 ft. high fence. doesn't state hOI~ far from lot line located. How close can it b e 'constructed to lot 'line?' Mr. Hunter stated. thinks right I on. What are yom proposing Mr. Grady? Mr. Grady stated set back in from side of road, doesn't want snow plow taking down. Mr. Hunter stated property there -p a.r t of right 0:£ wa y , t e.r.ms of lot line. Nr ,• Harrington asked mow on both sides 'of fence? .M"!'. Grady stated correct. Mr. Harrington stated thinking of Le g.aLi t y , if granted, want you to put up in right spo~ so don't have to tear down. Mr. Hunter asked any other questions from Board?

Mr. Hunter asked if anyone wished to speak in favor or opposition and no one appeared. Mr. Grady stated would appreciate return of tape map. Mr. Hunter stated will return with decision.

DECISION: Granted unanimously.

9. Application of Thomas Puglia, 10 Lawnsbury Drive, Rochoster, N. Y. for approval of variance to install inground pool approx. 8 feet from b a s e me n t , 4 feet fr.o·m NIV lot line and 10 feet from NE lot Li ne at 10 Lawn s b ury • R-I-15.

Mr. Puglia appeared Nith location map. Mr. Hunter asked map same as sketch? Dimensions same? Mr. Puglia stated yes. Mr. Hunter stated unusually shaped lot, 4 ft. from this corner, 10 ft. here and 8 ft. from house? Mr. Puglia stated yes. Mr. Hunter asked in ground pool? Mr. Puglia stated right. Mr. Hunter asked flat land? Mr. Puglia I stated yes. Mr. Hunter asked s hr-ubb e-r y or trees to be concerned . with? Mr. Puglia ~tated no. Mr. Hunter asked problem shap? Mr. Puglia. stated yes. Mr. Hunter asked talked to:.neighbors? Mr. Puglia stated here tonight. Mrs. Tanger asked dimensions of lot? (Mr. Puglia showed map and discussed.) Mr. Palermo asked end of lot? Mr. Puglia stated yes, here. Mr. Hunter asked what would be closest home? Mr. Puglia stated here at corner. Mr. Hunter asked how far from nearest point of pool? Mr, Puglia stated 30 ft .• between 25 to 30 ft. Mr , Hunter stated rather close. Mr. palermo asked where get electric service? Mr. Puglia itated pole in back, have to have wire moved. M.r. Heilman asked 8 ft. from house wall? Mr. Puglia

stated yes. (Discussed map). Ml·.• Heilman a s k e d i S ft. from inside of pool to house? Mr. Puglia stated 8" coping on top. Mr. Hunter asked 8 ft. from coping? Mr. Puglia stated yes. Mr. Hunter asked anyone have any questi~n$?

Mr. Ward asked size of proposed pool? Mr. Hunt9r stated 16' x 32'. Mr. Ward asked investigate k Ldn e y c s h ap e d pool? Mr. Puglia stated yes. Mr. Hunter asked thought allocation of fence in relation to pool? Mr. Puglia statea yes. Mr. Hunter asked show on map? Mr. Pu g l ia stated 3 it. concrete walk, then. fence. Closer to lot line • here. Mr. Heilman asked kind of fence? Mr. Puglia stated stockade. if possible. Across here chain. Mr. Hunter asked stockade whe r e ? Mr. Puglia stated across b a.c k and south side. Mr. Huntor a s k od chain I link north s l d o ? Mr. Publia stated yes, row of bushes here. Mr. Heilman asked screen out neighbors here? Mr. Puglia stated yes. Mr. Hellman asked how high would stockade fence be? Mr. Puglia stated 6 ft. Mr. Hunter stated has tocomplately enclose or connect to home so in effect enclosing. ·H01~ would y o u be doing? Mr. Puglia stated gate at corner of home and same at this end. Mr. Hunter asked what is double line here? Mr. Puglia stated c on f'u s ion as to lot J65'

Zoning Board of Appeals June 25, 1974

line, lawyer says follow bushes. Pool wo u Ld have fit perfect. Had lot surveyed, lost all back yard and gained everything in front. Mr.- Hunter asked this line acitual lot line? Mr. Puglia ~tated yes.

Mr. Huntei asked anyon. wish to·spea' in fa~or til application? Mr. Lester Moshier, 5 Sunridge Drive, neighbor aloig-side; stated checked pool out and can't see thing wrong with it. Mr. Hunter asked anyone also in favor or opposition and no one appeared. Mr. Puglia asked coald call in morning for decision? Have stuff ill yard. Mr. Hunter stated yes, if made decision, can have it. I i DECISION: Denied unanimously. ) e 10. Application of Mobil Oil Corporation, r . O. Box 159, Liverpool, New York 13088, for approval of renewal of variance for internally lighted, non-rotating sign located at service station at 2765 Chili Avenue~ R-I-12.

Mr. Gene Lumpk i n appeared, stated not.·ifie-d-in Syracuse at 5:00 P.M. of meeting tonight. All know about sign, first variance granted about 6 years ago and renewed abou-t every 3 y e a r s., Mr , Hunter stated probably-granted for three years couple of times. Mr. Lumpkin statod sign not unittractive, not rotating kind. Frankly, can't see coming up Chili A~enue. ' Station and grounds kept noat and clean. Will answer any questions I Can, and get answers for thbse I can't. Mr. Hunter stated code has changed as earlier noted. Free-standing signs no longer allowe4 as of three years from date of ordinance. MrS. Luedke stated one per service station is allowed. Mr. Hunter stated that is Correct. Mr. Lumpkin stated if sign had been problem in past, certainly would have responded. Mrs. Tangorstated for information, don't allow rotating signs in Chili. Mr. Lumpkin Rtated ~tll make note of that.

Mr. Hunter ~skcd if anyone wished to speak irr favor or oppo~itiop I tD application and-no one appeared. DECISION:- Granted- unanimously for three y e a r s ,

ROBERT l1UNT'ER Chairman

dcfkl

•I ZONING BOARD. OP APPEALS July 23, 1974

A meeting of the Zoning Board of Appeals was heLd in the 'Chili Administration Offices', ,323:5 Chili Avenue , Rochester, New York 14624 on July 2!, 1974. The meeting was called to order by the Chairman, Mr. Hunter, at 8:~pP.M. '

Present:' Robert Hunter, Chairman Janice Chapman John Palermo Carle MUllaney I Absent: Gertrude Tanger Richard Harrington Ray Steele e

Also Present: Patrick J. Pietropaoli, Town Attorney Alfred J. Heilman, Deputy Town Attorney R. Thomas Ward, Assistant Building Inspector

Mr. Heilman stated applications for tonight total eight on formal docket Dnd have been dUly advertised in a pape~ so ~esignated by the Town Board as one of the papers for legal purpo,ses 'and affidavits of the publication are on file with the Town Clerk and have been posted on the bulletin board alsa.

1. Application of Alan Van De Moare, 2~Loring Place, Rochester, N. Y. for approval of variance to erect 2' car gar~ge. 22' x 24' attached to east side of residence, approximately' 9 fee,t from side lot line at 23 Loring Place. R-I-12.

Mr. Van De Moere appeared, stated' r e a s on. wouI d like to '-erect two car garage and needs cxtr-a room to, make 'full two Car garage. Extra I I ft. Mr. Hunter stated' thinks 'everybody has seen situa t.Lon , As remembers, neighbors garage .to the east .on the 'right side wh,ereyours on the left.. Mr. Va~ De' Moere stated actually wlll be side by side. Mr. Hunter asked can you tell what distance would be between. your proposed garage and his existing garage if permitted? Mr. Van De Moere stated 19 feet. Mrs. Chapman asked his is 10 feet from lot line? Mr. Van De Moere stated yes. Mr. Hunter ask~dhaven't previously had garage? Mr. Van De Moere stated no, right.

Mr. Hunter asked if anyone wished to speak in favor or opposition to this application and no one 'appeared.

DECISION: Approved unanimously.

2. Application of Robert A. Brunshidle, 3079, Chili Avenue, Rochester, N. Y. for approval to erect addition to present home. approxi- mately 21' x 14', 6 ft. from e~st side lot line at 307~ Chili Avenue. R-I-12.

Mr. Brunshidle appe a're d , Mr. Hunter asked can you tell about what J 1. proposing? Mr. Brunshidle stated wants to add bedroom and bath on back of' house and have garage on west side which makes difficult to go in that direction and back end, southeast corner about only way can go on it. Mr. Hunter stated let's take a look at plot plan. This is e xis t Ln g home and this is proposed addition? Mr. Brunshidle • stated about wh.t would like to do. Mr. Hunter asked lot width around 75 ft. on this angle so actually l e ss than... Mr. B'runsh Ld Lo I stated 62 feet. Mr. Hunter stated perpendicular to the side lines, apiiarently some reason why cannot live within 10ft. Allowed 10ft. Mr. Brunshidlestated' if bring to. 10 ft. ,I'lipe out kitchen wi"ndow and everything on th~~ack ~~ thd hdus~. Would like to make, laid out outside ~nd would like to make ba~k about 25 ft. which would make this into master bedroom on ground floor. ... :.' .~ .

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qates-NEWS-Oa.ili

~269 Sr-ilL! AVE.NUE e ROCHESTER. NEW YORK 14624

~.~J~. 11 ~~1V DAT£ o-- .G'" .r. "";,, .....•"•...••..

THIS 15 TO CERTIFY THAt THE ATTACHED LEGAL NOTICE(S) WERE PUSLI5HEO IN TH E: GATES-CHI LI NEWS lJa1~,1 ...~, To.." 0··.. ·0 . 11,) '1!( .

L~7 /--Z..,..~ . . ~- . -'\'. ~ ./~k~./ ~e-c:r~~yr:> ~ Iv . ~ ;-v-... . - .. " , ". " ~ ..'U·····;rtJ:·lr~· / ~"oraT)": / Patricia M. Smith . ~ ( BORAH CONWAY . Publisher ,J- :fJ.~1t:k !R_fB~StataofttY. Monro~~ Co. My Commission Expires March?f\ 1<"l 1(; !Ii"._. ~"ZONING aOARD OF APPEALS ------.'-""'- .. A Meeting of the Zoning ~BoB:rd -of Appeals of the Town . 1" ,. ~ .. =- :.:of Chili will be h~ld in tile ..~ ;or ~hill Administration Offices, ~ ChiH 'Avenue, Rochester, ;c' N.Y• . 14624 on July 23, '1974 ;;;;"at"S:OO P.M. to consider the. s:foHawing applications; f=~. Application' of Alan Van De ::.:,. Moore, 23 Loring Place.' Ro- "~'hchester, N.Y-< .Wr approval of c ~s,ai.iaitc.e to erect 2 CIU' garage, .. ":."!2£." X'24" attaclJ.ed to East side ;.~i re5id~ce, approximately 9 :::f~L rrom side lot Une at Z3 - 'Loring Place. R-,1-12; - .20,· .AppIfcaUon of Robert A. Brunshidle, 3079 ChIli Avenue, -.. Rochester, N. y, for approval to - erect addition to present home, : ~ appr:oxfma~eIY 21' x 14', 6 ft. §;~!r~.!D- east side lQt line at 3079 ',:t$IT1 Avenus. R-I-12. ~ -3". Application of James Neuert, ~:<-4343 Buffalo Road, North Chili, ;:::N:Y. for approval of renewal ,:.:-w v!1rl~ce for sign 4' x 6' ii:,ltc 4343 j3uffalo Road. Q-2. ~-4~."":'Ap'plicatlonof Joseph Giglio, ,_-Ui9? Chili A~~ue. RocheEter, ;";N.Y. for approval -to erect 16' :....£ :2"!V;iddition to present'sn-uo- . ture at 269"5 ChliiAvenue, 53, .; f( from center line of high- ·way. R-1-12, ".5•. Application of David Pupo, '·3fBowen RQad, CEui-chville, '~N. Y. Ior approval or variance , to er~ct 2 car detached gar- age, 24' x 30', 6.5 ft. from' "'-'side lot 141e, ,.132,.5' ft .. from --'-road. RA.5. "'.. '0. Applicati'!!) of Anthony A~­ wHoo, ~ 463 Chestnut Ridge Road: ROchester, N.Y. for ap- proval of variance to erect 2 I ',~ar. atta~hed garage, apprnx. .. ~.32_ It.. frPm. .lRt, line.-in side' "'::ya1"a'- 'ai" .comer o~ Chestnut •::"Rretge and pine Ridge Drive. .. =-f{,+'if _ '.'_ ~'i1::-AppIicationof Zygmunt Czu- bachowskt, 4l.90 UnIon Stre.et, North Chili, N. Y. for approval to build resfdenceonundersized Jot, 100' x 208', located onMor- gan Road, app. 350 It. east of Union Street; RA-20. 8. Application of William Neal, 600 Paul ROad, for approval of variance to erect swimmingpool above ground, approx. 16' from side lot line at corner' of Shag- bark and Paul Road. R-1-15, All Interested parties are hereby. requested to attend. By order' of the Chairman of the Zoning Board of Appeals. ROBERT HUNTER Chairman Zoning Board 9£ Appeals July 23, 1974

Mrs. Chapman ask.d not dimensions on here? Mr. Brunshidle Stated when came up h e re vw a s looking atitin one 'aspect and go t vLoo k I ng at'-it over wee'k end and would like to change to 25ft.'if r could. Mr. Hunt.er asked wouLd six feet remain t lre 'same and another 4 ft. in othd~ direrition? Amend appli~ation. Mr. Brunshid1c stlted would like to 'ame~d to 25ft. 14 still keeping within 6 ft. Mr. Mullaney stated did check around side of yard, awf,ul1y' close. Present house how close to t h.e lot line'? Mr. Brunshidle stated' 4.2.', Mr. Hunter I asked this is part with ch i.mn e yv Mr. Brunshidle stated right. Mr. Hunter' asked can you tell uS"a.ls'o house over here, roughly how far away is th~t? Mr. Brunshidle stated maybe 20 ft. Mr.'Mullaney e sta t e d about 20 'ft. because' fence around yard. My. Hunter asked 20 f t ; from'lot line? Mr. Bz unshLdLe stated yes because 'he sits, Eo r-w a.r d , Mr. Hunter asked any structures back here ~n his property? Mr. Brunshidle stated storage shed over here., T' have pool back in here. Mr. Hunter asked have you talked to the owner of this home? Mr.' Brunsh~dle st~t~d just moved recently into the house and haven't h a di ch an c e to meet' them yet.', Mr. Hunter stated not aware as far as yo uota.Lk Ln.g to them. Probably sent notice of this meeting. Single stn;ryand' probably not visible from the 'road. Mr. Br-uns h i d l e stated right'. If directly looked at '£rom the'~,r'oad, wouldn't be,because couple of feet 'c ver v '

Mr. Hunter asked how would you handle roof, flat or sloping? Mr .. Bzuns h LdLe stated s Lopin g roof. Mr. Pa l e rmo- asked s-Lmt La r to what' t hds is now? ,Mr. Br-un shLd Lev s t a'ted cannot slant. Mr. Hunter stated probably peak back from the h o usev. Mr. Brunshidle stated \dll peak thfs and butt onto 'the'wes,t Side, wiLl be' b utt Lng up against the house. 'Ha~e to put mock roof on that portion because' very little pitch. Mr. Hunter asked siding to conform to existing? Mr. Btr un s hid Le stated will conform to wh.t i~ .xis,ting now.

Mr. Hunter asked if anyone wi'shed to speak in favor or opposition to I this app H c a t Lon and no on e vappe ar-e d ,

DReIS'IO'N:' Size .of addition 'amended to 25' x 14'. Approved unanimously.

3: . Application' of James Neu.er-t , 4343 Buffalo Road, North Chili, N'., Y. for appr o va'I of renewal of v a r fan ce f or sign 4' x 6" at 4~43 Buffalo R~ad. ~-2;

Application called tWi.ce and no on o appeared.

DECIS rON: Deni e d ,

4. Application of Joseph Giglio, 2695 Chili Avenue, Ro che ster , N. L, for approval to e~ect l~' x 2S' additi~n to present ~tructure a.t2695' ,Chi"lJ. Averiue , 53- 'ft. from center line of h Lg hway , R-1-12.,

Mr. Giglio appeared. Mr. Huntei stated have sketch here. Existing structure. What is problem? Setb~ckfrorn th~ road? This was built beEo r e setbacks 'were 60 'ft. 'Mrs. Chapman asked is that. distance you ~ir. ! arc .at; .t.he 'present front 'of the house, 53 'ft. from the road? Hunter stated actually 7 'ft. back.' Chili. 66 ft. road so this wo u Ld be 33ft. off thi·s to come to edge of property. Really 20, ft. fro.m • the 'property line. Mr. Giglio stated doesn't kncwc e x a c t Ly, that is , why me.sured from tho center. Mr. Hurtter stated existing home 13 ft. I Mrs; Chipman stated close but in line with other h~uses ulong there. AII'seem' close to, the r-oad , Mr. Hunter asked s Lrrg Le 'story?' Mr. Giglio stated yes. Mr. Hunt~r 8skid basically what for? Mr. Giglio stated two bedrooms, only have two now. Additi6n of one .ore bedroom because 'will 'extend kitchen and make b i g g e r so will have Zoning Board of Appeals July' 25, 1,974

three bedrooms and relocateba~hroom. Mr. Hunter asked separate. garage? Mr, Giglio stated d e t a.ch.ed., back here,' Mr ..Hunter stated Lo okd.ng in terms, of Look Lng ah e'a'd if o t h e'r things would have .to do •. Alre~~y have garage, two car? Mr. Giglio stated yes, two car. Mr. Mullaney s t a t e d 'rot of room on, both 'sides.

Mr. Giglio stat~d, supposing vary plan, not any' closer to the 'road, back furth~r. Or ~hange siZ6 ~f the addition its~lf, Would t~at affect 'variance? Mr', Hunter, stated if not big change, would s ay no. Looking in terms 'of character and how fits w~thin house. If alter foot or twd no problem unless come ~loser to the road, Givo for . I minimum distance b e tw eeu r osd and house. If mor e vthan. foot or two, sh6uld come to the,boar~ to see if still makes sen,a,in over-all, ,plans. Probably all right b ut really should come for specific . e di.mens Lons , That is what looking, at. Have feeling at moment that', one dimension might be. diffo:ront? Mr. Giglio s t a-t ed not really. ' Talked l~ith ,wife about ano.t h ex plan and wondered if decided to' go , another way. ,wo:uld it affect variance.' Mr. Mull.aney a s k ed maybe a little wider, 16 or 18 ft? Mr, Giglio s t a t.o d maybe ZOand less t han 28,ft. long ,~hich would befu,rth,er back than what this plan proposes. Mr. Hunter stated n o p r ob Lem withsi<:ie '!ineand i·f b ack , .do e s n t t see p r cb Lem, 'I'echn.i caLly .comecwl t h 'specific application and if do different and s omeone protests, would be problem. Mr . Giglio asked if change would have to' reapply? Mr. Hunter stated if decide to change, call and let u s know" Call Kathy or me and if dimensions don't seem t.h at different,can- mod i Fy app Lica t.Lon to c o r-r e spon d , Ag ree ab Le with :the bo azd. if they' approve.

Mr. Palermo stated if approved, probably t h a t v h e would gLv.e 53' ft. and n o closer' to the road. Mrs. Chapman stated could go wLdor or longer. Mr. Palermo stated if wanted, to came to 5S. or 56 f,t., that is 'fine. Mrs. Chapman s tat.ed so long as no, closer. '

Mr , Hunter asked if, anyone wished to speak in favor or oppos i tion to this applicat~on and no one appeared. I 'DEC'IS'IO,N: Granted for a minimum of 53ft. from center line.

5. Application 9f David Pupa, 31 Bowe~ Road, Chtirchv~lle, N. Y. for approval"o,£ var i ance -to e rec.t Z .c a r det.ach e d g a r-a ge , 24' x 30", 6.5 feet from side 10,t Ldn e, 132.:5' feet f r-om roa d , RA-5. '

Application called t wLc e and no one appeared.

DECISION: De~ied.

6. Application of Anthony Az z.oLi.n o , 463 Chestnut Ridge'Road, Roche ste.r, N, Y.' for, approval ~f variance to erect 2 .c a r attached garage, approximately 32 ft. from lot line in side yard at, corner of .Ches t.n.ut Ridge and Pine Rid ge Drive." R-I-IS.'

Mr. Az z.o.l i.n o appeared, stated two car ..gara,ge. 60 .ft , s e t b a ck from • Chest.nu t Ridge and PineR,idge. Have very littl'e,backyard.' Only about 15 f t , from t h e back of the' ho'useto the lot lin'o and about 30 ft. from s dde ,of the h ous e 'to lot iine here. ' Mr. Hunter asked this is existing garage and this is proposed? Mr , Az z o.L'i n o stated .)~a'nted do~sn't,ieave I .to put out here b e.cause if put h e r e , 'much of a yard. ' Would like .to attach 'to the: front of the h ous c and make L'::'shaped. Mr , Hunter asked living qu:artersout ,of tl~is? . ~1'r. Az z.o.Li.no s tated yes, Mr. Hunt-er stated setback of the home actually 60ft -. Asking for garage 28' ft. which gives ,32 .ft ;: net? Ml's. Chapman stated this side is yard. Goes Dut' a little and,big mound of dirt but act~ally J(j9

Zoning 'Board of Appeals "July 25, 1974

have '30' .ft, to the side 'lot line. Assumed lot just beside where mound of dirt was , From the'way 'application s t at.e d , thought putting garage on oth~r end' of th~ house. Mr. H~nter st~ted frankly tough one'. 'Asking for. considerable 'variance 'from the code 'plUS do have room to take there 'and put in.U'nderst'and'l.ooking at it from functional point of viel" .and property s u r-r o un d i n g but thing' we 'face is' that code calls for 60·ft. and eveiythi·ng'else'in.,.rea 6(J',and·if allow qua t e. a va.rI ance from 'existing town. code , Not saying which way I board will go -bu't tough to say ues., ' Mr. Azio',lino stated if turned into family room, only have 15 ,or 18 ft. back yaxd. If put garage here don't really have much to work ~ith e as far as having yard. Mrs. Chapman stated doesn't remember, is this paved driveway already? Mr. Az z.o.Id n o stated yes. Mr. Heilman a s ke'd have you talked to the pe o'p Leine x't; door?' Mr. Az z.oLd n o stated. no. Mrs. Chapman ask-e.d up quite a bit?' Mr. Az z.o.Li no s t a t e d about 4-5 'ft. higher. Mr. Hunter ask e dr as s ume home 'first in the t r-a c t r Mr. AZz'tillno stated last one;

Mr.·,Heilman stated this'is him, .lot SO 'and lot to t.h.e side, built all?

Mr. Ae z.o.Li n o stated yes" e ver-y lot built on. Mr; Heilman a s k ed r t a Lk e d to'thes,e p e op.Le ? Mr. Aziolino stated fellow behTnd knows and no obf.e c t t on , Big farml).ouse h ere is aware. Told me got letter. 'Mrs, Chapman asked people directly across too? '

Mr. Hunter stated faci we facc"is this board empo~ered to provide variances where practical difficultY.or hardship to build wi~hin cod~. ~f it was made difficult or expensive,'would have case from our point of view. Really don't have power to do this 'kind of thing legally, a~ see it. Mr. Aziolino asked teildng me don't'have . probl(i)ID if wanted to'put garage ~lo~gside? Mr. Heilman stated as long as 10 ft. ' Could go ZO"ft. this way. Mr. Palermo stated got 18.5th.e way it shows, Mr. Heilman' stated turning this way .. Mr. I Ai~61ino stated right ~n line with garage roof line, Mr. Heilman stated most .c.ou l.d go wOuld be 20, .. ' ~lr. Hun.te r stated understand short hackyard an~ sympafhetic.

Mr. Azzolino stated if caDnot do it would like to amend it or would I hav~ i~'comc ba£k now. Mr. Hunter stated to put over here wouldn't have to come as long as stay 10 'ft. and 60 ft.· Building wi thin code. Mr, Azzolino statod though would need variance to put here too. Mr. Palermo s t a t od only if within 10ft. Mr. Heilman stated out of curiosity, have ranch, would you continue with ranch in this area? Mr , Az zol.d.no : s ta'te d kind' of overhang so would have' wa Lk along garage here.. ' ',

Mr. Hunter stated thinks will have to take, back in terms of ~ear line. Vaxiance in ~erms of rear lot line. New code calls_for 30 ,ft. and you have 15 so would, need variance for the·rear·which expect wou-ld be easier for us to g r a n t ; . Giving own o ff thc cuff feeling.' 1

• js ta'te d make equal, .that is 22 ft. Mr. Hun t e r i s t.at e d 18 ft. from the I rear. Variance to go i z feet less from the back. Again, just giving opinion.' Gould let, board act and if did disapprove could come back and do' the other. 'Would delay a month b u.t if want to gi.ve informal opinion, 'at this' point up to you. Mr. Palermo stated' the way look atit, coming up to the corner', Garage probably sit. out here a little further. Mrs. Chapman s tat ed don't know it wouldg.et in .th e way because s o much across the corner' here. lvIr. Hunter stated wouldn't 170

Zoning Board of Appeals July' 25.,1974

think p~oblem with traffic, 32ft. instead of 60 •. Mr. Pal,rmo asked what ab.out house next door on this lot? Mr. Hunter stated relatively n~w. occupied? "Haven't had chance to discuss? Mr. AZ~6lino stat~d just.moved in. Havenlt discussed. Mr. Palermo asked is driveway' next to yours? Mrs. Ghapman stateQ.yos, on same side. Mr. Azz6lino st~tcd at le~s~ 40ft. from my drive~ay. 30 plus 10 more. Mr. Hunter stated SUTe could go bi$-ck here. Mr. Azzdlino stated' doesn't want .t o. cheat mys.eLf out of more than have to. Did thinks about thinking h e r e but would have to curve drivew'ay. Mrs. Chapman asked if doing this way couldn't come in this 'end of I the garage as nOI~? Not coming in this way? Mr. Hunter stated 'just shorter driveway. .

Mr. Mullaney aske9 'what did you p;oposc to do with this garage? Mr. Azzolino stated plan on making family room. Mr. Mullaney stated const~tutes. ~arage • another change. If gets as it is. when gets family r oo m, also limited ·here.' Mr. Hunt er stated except this structurealready.here. No problem there. Mr. Palermo sta.ted'not going to change exteriof lines. Mr. Mulianey stated does have hili and' kind of difficult. ·Mr. Hunter. stated up to you, didn't mean to ,give rough time. Mr. Az zo.I Lno s t ato d just thought cheaper not moving driveway; Mr. Hunter stated unde~stands. Mr. Azzdiino stated would only.leave 30 .x 18 backyard. What happens if mod I f y to say will . build garage alongside of th'is? Get. variance and if change mind, not do it', just leave it way [tis. Mr. Hurrter- stated believes have year under code to do it~ If don't take ~ut permit. automati~ cally void. Mr. Azzolino asked can I get approval uf the amendment? Mr. Hunteraskad amend applicatiun so' that proposed description would be 10 'ft. wide and 22 ft. deep, attachid to it? Mr. Heilman stated doesn't think can amend b~~ause person WhD owns this lot: really should have 'notice of the facts. Otherwise, woul dn t t want to b u LLd house and haye people ~ay didn't have right to come in. From Le ga I standpoint thinks it isa pr ob Lem, Mr. Hunt er stated take . chances the way it is ~nd come back if no.· Mr. Heilman asked plan~ing I on doing it this year? Mr. Az z.o.Li.no stated yes. Mr. Heilman stated even it August, not too bad. Mr. Azidlino stated mo~th .wil~ not kill me.

Mr. Hunter asked if anyone ~ishid to speak-in favor or opposition to this ~pplicatiDn and no one appeared. .

DECISION: Denied unanimously.

7. ApplicatiDn of Zygmunt Cztibachowski~ 4190. Union Street, North Chili, N. Y. for approval to build res Ld e n'ce on unde r-s i.z e.d lot, 100 x 20S',10cated on Morgan Road, approx. 350 ft. east of' Union Street. RA-20: .

Mr. Czubacho\rski appeared. Mr. 'Heilman .s t a t.e d thinks approval by Planning Board to s.ubdiyideinto twq lots 'subject to ZQning Board apProving variance because' undersized. Mr., Hunter asked where are wer Mr. Czubachdwski stated be~ween farm and existing house~. Mr. Heilman stated this has been. subdivided into two pi e c e s , This is ' .- on o and tw.o., Not for variance Nith J.'oga.rdsto this part of t h e " • suhdivision.. One. lot of. the two lot subdivision. Mr. H.unter asked similar to the three lots that exist? Mr. Czubachow~ki stated four actually·becau~e Meye~ ~iet~opaoli I owns lot, but no h6use. Mr. stated keeping same 'lineand everything o Lse , Mrs',Chap.luan asked corresponds in siz~ to other lots?Mr~ CzUbachowski stated correct. Mr. Hunter stated barn back hero.·,Vrere is that Lo cat e d roughly? Home and barn.

Mr .. Cz ub a.ch ows kI s ta.te d b a rn v r Lgh t in line ove r'r h e.r e . Only chicken coopy about 7ft.· away from there. Mrs. Chapman asked big barn not on there? Mr , Cz ub a chows kI s tat.e d belongs to .m e, on corner lot. l~ .r" .:~.'!"J~ f

Zoning Bo.ar-d. of Appeals July 25,; 19,74

Mr. Hunter ask~d do you anticipate doing anything £urthar like this? Mr. Czubachowski stated no, bought b ec'aus e wife wanted land. Got 5 acres I want now .an d w.ill stay as is. Mr, Hunter stated wondering because of basic purpose 'of RA z onLn.g., Mr. CZ,tibachowski stated wants to plant pine ~ree~ down he~e~ Want to have privatv ~icnic ground for us.' This is g'oi n g vto be daughter's house. Do travelling and cannot 1eavewifealone' in big, house by herself. IHth'daughter there, can leave.' Mr. Hunt er asked, do , t.lrey have basic p I an in mind for' the "ho u s e? Mr. Cz ub.e chows k L stated' two, story, three bedroom. I Mr. Hunter isked basically will house as you plan and garage be buiit within exi~tirtg zoningcodo without variance~ ~r. tzubachowski st~ted that ~$ right. Buiit in th.same lin~ as other houses. e Mrs,. Chapman asked are other houses 100 ',ft.' back? \'iouldn't expect other house. 100ft. back. Mr. Hu~tDr stated wouldn't imagine b.e.cause 20,S. ,ft. deep. Mayb e, 60 ft. back. Mrs. Chapman asked if ,in line ~itb othei houses will ~h~t conform? Mr. Hunter asked-what will setback be? Mrs. Chapman stated saying can house be in' conform- ance. If in line wi,th other houses, cannot'bein conformance. Mr. Palermo stated under present code. Mr. Hunter stated wouldn't think would want 100, ft. back. Think in terms of 60 'ft., would wan t in line with 'ot h er houses.' Mrs. Chapman asked doesn't require variance? Mr. ~untei stated not i~cluded in request. Mrs. Chapman stated all askirig is sizg.of house, not setb~ck. Is it to separate ,questions? Mr. Heilman stated wouldn't have to answer second question. Mr. Pietropaoli stated when give variance on the lot, give subject to, doing number of things.' Cannot keep house in line, implies giving

approval. Can specify in line. Mr. Cz'tibachowski srae d co u Ld i b e

lOO'"ft. back, in middle of lot. Mr.,Huntet; a s k e d v any problem if spec'ifyapproximatcly in line with existing homes? Mr. Czubachowski stated no problem. Mr. Hunter stated trying to preserve character.. and not have something stand out. ,Mr.Cztibachowski stated thinks houses right about in mLd d Le,

Mr. Hunter stated men t Loned type of horae ,' Mr. CzuQachowski stated I ~fiddleport, T\~o builder,Ts Bart. In New York. .s t o r y house, three bedrooms. Mr. Piotropaoli asked all wood'1 Mr. Czubacho'w'ski stated part wood. Mr. Palermo stated buy,ing pa,ckage anq hire people to erect on the site. Mr. Cz ub a cho ws k f s t aedvb c.t Le ves will be part brick. . -. .. Mr. -Hunter 'asked 1,£ anyone wi s hed to speak in favor or 'opposition and no one appeared.

DECISION: Granted unanimously. House to be in line with existing homes and subj~~t to ~ll othe~ conditions of R-l-~Ozoning.

8. 'App,lication of William Neal, 600, .Pau I Road, Ro ches t e r , N._¥. for app r ov a I 'of vaJ;'ianceto erect above-ground pool approx , 16 ft. from side lot line ~t COrner 9£ Sha~bark and Paul ~oad. R-I-is. " .,

Mr. Neal .ap p e a r e d and presen t_ed d,rayings., 'Sta.t'e,d on corner lot, is p r obLem. Have Paul Road to contend with and on other side is Sh a gb a.r k Circle which is problem, doesn't think with' the' code but b efdeves problem wi.th pool because sitting in front of neighbors house •• Thinks would v"iolateintentof the code 'if not letter. Consulted with Mr. Ward and came out to see 'pr operty and looked • over various places had_to put pool. Cannot put behind, at least not I~ithout going to more expense and be, wLthin requirements. Plus I have tr~es pitch tn the lapd thit is practical problem. Place have proposed would be p r-obab.Ly hindrance to Paul Road if it wasn't for, 7 ft. solid hodge. Mr. Mullaney stated and fence.' Could put in and nobody would see it. Mr. Neil stated even in center won't be because evergreen hedge and thinks Mr. Ward agreed that other than setback problem, ideal place for the "p oo l , 1.1,~.,

Zoning Board of Appeals July 25', 1974

Mr. Hunter, asked what do you an t icf.p a t e h e'Igh f of p o oI wo.uLd be in relation to g r ound ? Mr. Ne aI s tra.t ed appr-pxi.n a t e Ly 4'ft.', by the 'time lever the' ground" a little less', Mr. Hunt er- stated edge of poo l vw cuLd be appz-oxdma.te'Ly :3 'ft.' below hedge. If drive by see' somebody diving but wonder what he is diving~nto. Mr. Neal stated that is the case. ' ~

Mr. Hunter asked if anyone Nished to speak in favor of the application. Mr. IVhitney, .z-Shagbark Circle, stated: own property immediately I' adjacen~ on Shagbark ~nd no obj~ction to putting pool where it is.' ThInks as indicated completely eliminated' from v i ew from Paul Road. _ Cannot see from anywhere except in front of my garage and then' only' • a corner of the pool.' ' '

lIfr. Hunter' asked if anyone wished to speak in opposition' and no' one appeared.

DECISION; Gnntcd unanimously.

Held over from June,25" 1t/74:

Application of Imants Vitolins, 27 Saddleback Trail, Rochestet, N. Y._ for approval of variance to e re c t s t or age shed, 12', x 14' appr ox , 3 r from north 'lot - Hne on p r o p e rty at 27 Baddleback Trai1. ' R-l-1S.

Mr. Vitollns presented survey map indicating slab as I' f r-cm r s Ld e ' and 8+ from rear lot lines.' Also p r-e s ented. drawing of propos ed shed. Willing to reduce size'of shed.

DECISION: Variance gr ant e d unanimously to a-1lowshed 5 -f t ;' from lot line for three ye~r period; .App Li cat Lcn of An g.e L Jime,nez, '55 Haymarket Road, for appr-ova.I ' I L of ,variance to have 'wooden 'storage shed, 9' x 12 ; appr-o xd ma t e Ly 6 feet from s Ld e lot line; 4 feet from rear lot line, at 55 ' Haymarket Road.R-1-12;'

DECISION: Variance granted unanililously to allow shed 10 'ft. from rear and 10 .ft . from side .Lo t, Hnesfor 'one y e'ar' period.

Held over from June 26", 1,973:

Application of Olympic BOI'l1, Inc., 1300, Scottsville Road, Rochester, N. Y. for approval ~f variance tu replace exist~ng sign on poles near street \qith new 'sign" approx. 20 ft. hi,gh, 8 f t-, wide, advertising Olympic Bowl', double-faced:, internally illu~inated, located ~t l3aOS~ottsville Road. A Zone.

Messrs" Azzaline and McCracken appeared with new drawings proposi~g 3'x8'"si'gn on'6ft."pole wi.th'2 .ft , base. Internally illuminated. Approxi~ate ~alue ~2300. •

DECISION ;" VAriance 'granted for 3" x8 r sign untd I: March 30',' 197~7. To be erected' under ,supervision of Building I'n s po c t or",' •I ROBERT HUNTER CHairman

kl SPECIAL· ZONING 80~RD,OF.AP~EALS MEETING A!-'gust 13','191.4

I' A :SPtfcial'.Meetirig Of the"Z;ning Board of Appeals of the Town of Chili:\jIas held In the Chili Administration Of f l ce s , 3235 Chili Avenue, R

Also Prese1'l.t·:, ,Alfred J,. He! lma n, Deputy Town 'Attorney ·R. Thomas Wa,rd, As s t, Bui Iding Inspector ., i .. . " Mr•. He l l man stated t~e n o-r l ce of.thls hearing ha.!?been duly' published and afflqa'i'it~' ar.e.'.on"file. with the Tow n.j Cf er-k of p ub l l c ar l.on ina legal tv' des.lgnate.d ne\'lspap~r of the Town ,0LChi I, I.

#.1. -Appllcati~n of, Carl -Altamura, .,1525 Sc~Hsyr,lle!Road, Rochester, ·N. ·Y. for .. a p p r-o va l ,.to p.uf :?O""x .40' 'addition ito rear of existil-1g b u l ld inq, approx. 15 ·n; from slde lot line a n d to be in fine wl rh existing b u.l l dl np, F-2. i' 1 . ".. . Mr. Al tamur-a appeared and p r-es e nte dvp I'ct. plan. -, Stat-ed this is. flood' elevation ~hat they have taken before they drew this up. This wil I correspo-nd With. this site e.levatlon.;atthe cor-rie r , ~Mr •.Hunte.r: '." " statedE!!eviiltion at,this corner, 524.9,:what is rh'e .floodplain ·there? Mr. HeI fman-stated 525. - Mr., Hunter 'asked I s that. the f I 00r at that slevaT'on and this Is cOAt~nu~tlon of that same floor? Mr. Altamura stated yes,·· Mr. Hunter stated point-ed o uf to me this ,afternoon I didn't have code when originally b u l l f and required'.r~ ft. .on the sIde line. Mr. Altamura staTed now understand~ 30 ft. but when 15 made it 17.:5; Mr. Steele asked property h l qh er at the back than front? Mr. AITamura stated yes 'back h lqh e r , Mr. Heilman stated extension ta.lkIng abOUT to the rear,',3px 40", That will also be 15 ft., same to e xl s f l n q bui l dI n q? Mr:; Al,tamura si"ated yes, all uniform. Just a little off. 17.48' and fiere 17.64.

Mrs. Tang·er. asked land doesn't slope back there? Mr. Alt'amura stated no,slopes thIs way. iVlrs. Tanger state d ii' is 'higher back here. IVlr. AI~~mura· STated t66k erevatio~ myself at this c6rner before and was 5Z5:.-r3~ Took apron on ·that, nO'T l n s I de , That has slope on the apron. Mr. Hunter stated as understand ne w code, this wou I d requi re and appreciate difference sItuation, but would' require any b ul t d l n q to be' buIlt with floor 2 .ft . above flood level. Just about at it. WouJd really require variance in that respect 1 e s sume , Mr. Altamura asked would you know what flood elevations was h,o or three years ago? Mr. Hun f-e r stated remembers talked TO Co l pr-ov l a about that with regards to salt pi Ie. Mr. Alt~mura stated they were flooded and I wasn't • Mr. He l I rnan ·stated that says r-es t de n r la l • l s n t r .golng to be. resident/al structure. Mr. Hunt·er stated says· residential up here and then In d 3.026_, env -sf r uc't ur-e bui It or b ul Iding shall have,any structure built • onsolh:! fil J' s h al [ be' constructed ..• and talk about two feet ab ove flood lever.' Again" t-h l n k-s certainly have to take into account existing I building and there b~fore. Mr. Steele stated wouldn't be comfortable to have two feet higher in that section. Not gar~ge, just storage? Mr. AJta~ura sTate~ yes. Mr. Steele asked overhe~d door? Mr. Altamura stated no. Mr. Steele asked Just storage? Mr. Alfamura stated yes. . i: -~~~

....' ...."" §!;'tate of j}ew ~ork {

COUNTY OF MONROE (83.

CITY OF ROCHESTER )

Frank Maestri . •••••••••••• • _. _ ••• _. __ ••••• " ,,,, ".,•• " w •• ._ .being duly sworn, deposes and says

~~-_ ...__... .. that she is principal clerk in the office of the ROCHESTER DEMOCRAT & '\ . LEGAL NOllt,;t: ZO".IHG BO.RD OF APP'EALS CHROKICLE a daily newspaper- published in the City of Rochester. County Al'li"l'~i~ASpecl11l'Mecli ng of 1he Zoning 8C1Jrd II' of the ,.CW(> (If cnlli will be mltt1n and State aforesaid, and that a notice of which the annexed is a printed th~ Chit! Adminl~mltlan ofY..:.e'l. msC:hil' AvenlJe,. Roches-ter, N,Y. \~'2( 00 A\l!lur.t i']., ~1 . 13. \?14 7;00 p, M, jO Mar.the f-QI1O"'lfII;l I copy; was published in the said paper on the following dates: /Wpl,catlQl'<' ••.. . ,f(ppLiO:lltlOI'l of C'arl Altamura. 15~5 ~cot~\I;Il~ Roa(2, Rac.hasler, N.Y, IlIr . a,;lllrOV to llul addition 00 exist. ,~ \ a1 30':C.w' . Inll ~dlclilill. appro'" 1SIMI from ,ide Il3t\ tine arid 10 PI! 111 !;J'\e witn t''J(;sllnlJ i; hU[ldinq. F'~· l August 8, 1974 All imerl!"ted partie ar~ re((lJesled to be , F~/lt. aV order of ~1'l.! Chai,.man oj :he ' Zoning Boarli of AJ'.1:lel!l ts. ' ROBERT ~UNTeR, n. It-1t~D&C'. Chlllrm. ~--~-Cl....AtJ!;I. ~-~-_.jL

.....~~----_._._ ...... •_._ ..._._. __.__..

Sworn before me this ""~-~:: "7-.4. \ day of August . 19 ,

.... ";:~1 tS S. 8R{lWH, '~J:~'). F~J~. _ ~;t~i~ (Ii Ii Y/J '~<;l!'U Gi~i~~ ./~ ':h <. ~iitv~' M-t. J'~, 7/... ~ l.,.ftlbli!'$IDD III!"1iIlifj 3\ _.. , .. .. _.. .- . .. _•••••_ - ~ )iOTA-lilY i-uat.rc

Fal'l''' 12'; t,74

sp.~c 1a I 'Zbnj,:~g Boil rd .of :f\P peai S' ,I" -, I ": Au gust J 3 .. 197.4 t"" •

t-1r. He i Imanstated have power to, grant und-er those ci rcumstances. Mr. t-1ullaney asked not go.ing'to be-detrlmenhlf tJi§ettirilg-fl00d l nsu r an ce t lr cll,lowit.,-·Mr. HI1J'nter Stated d rilk 'Hukter stated -\~as ~­ does' think have to be caref.ul b e.ca us e reason code i pesse d to • allow to b~ in compliance with regards to floodplains and handl~ the e insurance. Probably correct in what you ar-e"saying. '

Mr. Hei Iman asked dId It ~~ve +o'g6 to~t6~'countY?'~r. Al't~mura Bt~+ed 5ai~ gave and ~aid any+hin~ we have'the tbwn h~~. Mr: Hunter stated "not ~ure what they meant by that. We have to send app[~catlon to them:and they"~onsi'd~r- and_sive us r-ep Iv . 'I~r., Altamura 's,tated,!ga-ve me 110 irnformEi

Mr. Hunter asked if anyone wished to speak In favor or opposition T~is to a pp Llcat l on t an d vno one appeared; ,-', i

DECISION: Ap~roVal granted sUbject +6 final approval fro~ MCPD.,' Ap p r o ve setback of 15 -ft. on vsl de , use as pre-e>:'is-flng, non~confGrming u s e , Realize',flobr lsat e p p r-o x l mat-e l v 525 elevatio~ and ,du~ t6 safeTy f~ctors. p~rhaps woura 'notvlanf to have b ulI d l n q two feet higher f ha n the e x ls r l ng structure. ':,' I , i!

"I ROBERT'RUNTER Cha'i rman

,- "l

i.· -,

, ,I -.. : . . f '"I I'

I- I , i _I.' •I ZONJNG BOARD OF APPEALS August 27.; 191,4

, ...... ~. : .' A M.etlng of the,Zonfng Boa~d 6f"Appe~lsof, the' Town of Chi II was.hel:iil:ln theehifl Admini,strat-iqnOffices,:3235 Ch l Ll Avenue, Rochester, New York 1462A.oqAug.l,lst 27" 1974-.:·'fhe fo1eatin-g w.as cal red to order by the Chairman, Mr. Hunter, at 8:00 '.P.M...... " :; P reseljt: Robert Hunter, Chatrm~~ Jan t ce : Chapman. , Ge rt ru de Tang~ r John P"lermq I . -'I" Carl e Nu.l Ianey ·Ray Steele '!. Rh;hlI r-d ..Ha r r in gton . . ~ . ; e Dep~tyTownAtt.orney A I so' PresE:\nt: AI f'reQ J. He Llma n j » R. Thom~s-Ward.·A$sj~tant ,~rlding Inspector

Mr. HeLI~a~"st~tedJ 3app I i catrG~g before the, bO.<;l*d tonI,ght h~ve been dUly~dveftise~ in ~paper 50'de~ignated by t~e Town.Bo~~d as a paper

f o r v l e g a l purposes e n d i e f f l dev l t sve re r on fi Ie .w t.th th'\,!, TONnCIark Of,fHlbll

#1. ',Apf>licatioli of Malcolm Glazer; 13·57'Monros·Avenue,'Rochr;.ster, NeW'York, for ap p r-o ve I of"renElwal ov ve r tan ce for s l.qn 73" x 17,0" I Qn pol~$; er~cted at' Evergreen Acres Mob~le Home Pa~k~ 1345 $c:e>ttsvi ]·Ie Road. M-2.·· ! .,' !. Mr. Carl 8r.asJey,· GeneraJManager. eppe a r-ed.. Mr. Hunter s t ate d, 5ub~'tted 6 copy ofthB existing slgri ! preseume.- Mr•. Bras4ey , statedlrlght~. Mr. Hunter stat~d a~sumecYou are aware ,of the-fapt the} . town .co de changed th ['5 s p r ln q and as ",of .:three years a fter date of the .o r-d Ln an ce ,> most free-:stJ:'lnd,lng .s l gns wl.I J not be .permitted un de r code. Board may hear a p p t l c a't l cn s- to r:enew. and may allow s ueh s l qn st t o con tLn ue if they,see fitlip to',th;;itpoint in time. Mr. B~asleY'stated·rlght.·· Mr. H~nt8r asked any qu.stions.from the board? I Mr~ Mrs; Chap men oa s k e d. l s t th l s pr-op cs e d s Lq n? BrasleY'stated a lr-e a dy ex{~t~ng •. Mrs~ Chapman stated real)z~ that. Want to stay just the s ame t'. Mr. Brasley stated right" same s I gn , . i,: .. "j' ~1r. Hunter asked 'hours .o f cp e r-et l o n of the s.1gn and davsv o.f the I-leek? -Mr, Brasl$y.. stated thinks lIghted until. IJ~Q0,·at,nlght. Not sure. On tlme,clo'<;;k. 'Mr.' Hunter" asked seven dav s- a week? ~1r.· 'Srasley stated yes'. -Mr ; Hunter aske.d sign 'That bas been,there for number '.)f years? Mr.'Srasrey sti'lted ab o.uft vt h r-ee years .. Last time In h a d three yearp.~mlt. • 1

""t"'; Hunter e s ked any .o th e r- q ue sr i o ns f An v o n'e wish to s po ak in favor ;or opposition?,(N<;Jne ap pea red r c v: • f .Mr~ 'Heiim'an stated mayb-a,a.t th,e Jast'sppl[cationmight have asked the

value. ::cf'.lr;'Hunter. e ske d co ul d )to,u:give e s t l mateto f the v a l ue i o f. thi·s ·.signIn place? Mr.~. Brasley s'l'aled,thi1)ks e r-oun d ,$3,'000, .l us t guessing. . .;. -. f . . .. • 'DECiSION:" Granted to ·.MaJoch 29,..197:7- -cr. as Tong as own and op e r-ere .. th~;bu5ine·~s,; wh.t cb eve r- Is less. . e , ". ., l #2 ... · App ltcet lon of Duane Wal\~0,rth", 9 'J3eo$dfctDrive, Rocheste·r. New:York, for e pp r-ova l to locate above-ground po.ola-t 9' . Sened'I'ct' ur l ve 40ft; to front lot line. R-.I~12., I '.i DEC.!S10N:· Denied •. NO'one appeared. i7'6

Zoning Board of Appeals Au qus ! 27, 1914

#3. Application of John Feathers Equipment 41.35 W. Henrietta Road, ROchester,N. Y. foriapptoval of varia ce to op~ratellaw~ and garden sa~p(y, ~ump ~nd,generator,' sal sand,service b~s4'e~s 'inbuildillg located at'30 Stallman"Orive. 1i'-2'.

Mr. Harold Grunert appeared. Stated realtor, appraiser and consultant and representing Ballantyne Road, I nc, , owners of s ub j e ct property, ..": which is one of the' corporations owned by the Terry family that operates Monroe Tree Surgeons operation and which f~mllyhas repre- sented for 'the past 20 v ee r s . Ap p l l ca r l o n l n vo lves lu se ·ofan existing building which Was built In 1960; Have ~ft6tog~aph here which I Is not curre.t photograph unfortunatelY, couldn't ~et' one taken, prbp~erty. but it does show building. Fence no l on qe r o n i f.h e Thinks lit'rle history of the p'roperty ml qh f be appropriate. BuildIng e built by Co r-no Ll us c Oumm l n s , cQntractorlocated on StdJHsvilleRoad, in 196,0. It is,' 32 lx 60' bu-ll dl nq a trd 22' high. Reason for that he}ght Is because Cummins had some tal J cranes and other equipment and ~sa result n~eded h~l~ht of thIs bulrdlng"to:acc6modate'whenl~ad. to service trucks. ' Opgrated as confractor's yatdfot stor~~e 'and i repair o't the vehicles used in business. Received varIance for: us e of the property for that>purpose. In ~1965- Te,t'ry purchased' property subject to obtaining a variance for the use of this property and other propertlesc6ntigubusto ,tt for tfte operdtio~ of fhei~iMonroe:

Treo an d i Lan d s ca pe b·usi:ri!ess.',Arter obtained' va r i e nce f o rvthe use of these properties which: I had,assemblEidfor them',' decided! to retocate at 225 Ballantyne where they are now. Since that time nad' property for some time offered for land lease only bUT no interested and offered"for S8ts but,~s said before nO.,oAe i~terested 1~ purc~ase of property ~o before renting ~n Jontlnuatfonof previous varlaAcefor contractors yard.' Leas~~ to' Law~en6e F~eeman"Western Diipo*al Company',whereserviced,1rucks an drp a r-Re d cars." Unfortunate.ly d l dn tt I ike housekleplng as t~~"place'was ~ shambles as,far as:st6~age of e xces s litter and h a ve how a p r-c s pe c t l ve- tenant, 'John Feathers ' Equipment, Inc., \~ho -I s prlmari Iy in f he sale and f eas l nq of pumps and generators and te,l[s me 'Town of Chili onsof h l s t c us f-ome r-s , I I AIs6 carried s I deI Lne of garden'equipment. Ap pl l ca t I on says, supplies which Is"nottrue,"doesn't'tryky re~resent what acur a llv does. aerrries such items as lawn mowers andcharn saws ~nd i~ems of thtt nature. Informed that received notice from the county statIng Its opposition to the operation. Howev~r, WQutd like to' state, In his behalf that' his operation l n vo l v es s ol l d i mafe r la l s , Operation comp l e t e l y contained within building~ no"nAsd to u~e ~~slds groundgfor any purp6se exce-pt sTorage of employees, cars li'hi ie there an d at present time, on~ ~lckup +ruc~ which wou'ld kee~ inside at nIght. As far,as accumu- lation of anything outside would not be so In" this case. Rea lI ze may be certain dfffe~entiation between his operatIon and previous one but ce r-t al nl v better' In the Interests o f l a ] I peop Levcon ce r-ne d , ",WoUld ltke to file with the board list of qual l fl c atjon svfo r- statementsiand oplnions 'which J willoHer in connection wI t h this application. This property

abuts the rlght"of'\vay o f tile R G,'& E Co rpo r-af lon on east l l ne j v on the o the ri-s i de i o f which .l s the' b r-an ch line of Penn Central 'Railroad. On Stallman drlve,'theTei"ry i'nt"res+s Wltfi,theiex-ception of 'aile pr-operty l mme d l e t e l yvto the north on 12:5 acres assembled. On opposite side three' smarr .h o use s an d add l f l on a l haute at thoe end' which becomes! Bowman Drlve at the north. Th'inks',cop'ieS-'of:this'map f l Led , "Th l s one h as location of bui Idlng b a.se d upon survey which was property in question and a Iso.. 'the building. sub je c r propertyln,partlof the airport co r r I do r , no ti ca. Monroe County Dept. of Pla'nningstated • that had no obJectrbn so fa~1 as .hat,7ho pro~l~mi ' lhsofarias floodIng of thIs property, had dIrect experience with this site purchased In I 196.5 and at no time even during Agnes was any water condition which entered into this bu l I d l n q , As far as the neighborhood itself, doesn't think there have been any houses as far as can jUdge that have been erected on 8allantyne Road west of the Penn Central Rai !road within Zonirig ~oard of A~peals Aug u 5 t 27. ~ I 97,4

last t~enty-yea~s; T~is ~t~ucf~rri ,~nd Mqrir6~TrB~ Surgeon ,property are ohly new~tructu~es'er~sted wlthtn that ti~e.,'As, far ~s present building concerned, tt is problem; difficult property 'to. re.nt. Had· n umbe r of"inqu'iries'sinc,e,be'came vacant',:JuJy;fst,

l nle r-es t s of the fown. 'When Fe a f he r-s i d ls cu s s e.d wi,tllme an d r s ew o pe r-a.tI o n felt this was practical use. Not long-ferm lease. Three years and no problem wIth respect to an~thingbeTng of ,such a duration that would ma+erl~fly a+teit the ,opera+ron of your co~~rehensive ~Lan. I As you,know,Ballantyne Road. has been widely p ub l I.cl z e.d by v a r l o us b r-c'ker-s who attemp,ted to promote, land sales with' littleslIccess t " " , , ' partly be.ca,use of air co r r f do r cz oneran d west of.thesubj.ect property e no s e wer- f a c l II fle s which has I imi'ted use ot'those p r-op e r-tt es for industrial purposes whTch was permitted use prior 1'0 your" time. I ~pp~arr~~ ,p1foret,he pi a nn lng,boqrd .of .Gh TI i , some ti me b~ck . .to ,get

l n d l c afLon from them as to ,wnat 'use could be ma de i of thiS Immediate -area)nl ter:-nis 'of thE), t6\~nts wl s hes , At f h'a t. time sugge,sred I attempt to assemble pr::opediesin which .ov ner-s wo u l d be l p t e r-e s t e d in having rezoned for l n dus t r l al uses. ,Di.d,:riot,fol,lowthrqugh Or) that because" no need: In 'vi'e~1 of ,the' F-lzQning, el i/ilinates' use tor indu'strial. Does haye)arciship. "~Have tiui idi.ng,\vhicll would l.lk<:1~ to rent but: 110 u s'e th,a,f'can co'nceive,of, e ven accessory use; '1'n con ne'ctl on with permit't~eduses un der F-J orcdhditlohEl', use s 'and as a r-e s u l L'have prob'Ierriand hopes,f.he bqard Will,s~rl'd.usl'y ,cons,ide~t,his and does think going, t,o be verysatisfa.ctor'y o.pe r erl on 'a'nd,wTII' e l i mi n'et e the manner ,!!1'w'hJch .t he prior b us l ness he'd be.e n 'conducted. Mr:. F.eathers', p re s l ds.rif of 'Fea fb e.r-a Company, he re and wll I ask him to g.ive vou ce r te ln' l n.f or-mat I on relatlv,e t.o me nrier- .o f. op'eration and' ans we r quesr ions you may h a've . Wi.1 I b e .. gl ad t,o a.ns~ler,questions, you, have of me. " '

Mr. Hunter s t ete d I f ·Y~·u wou 14'1 i.ke, ,Mr~, 'Feathers, togo on from , th~f~. ' Mr. Fiathers ~tatedoperat16n ~eaJi m~inl~ wT~h towns and vi I !ag!3s., Serv ice or se I r e q.u i p ment and does ha ve, I awn and, ga rdan, as stated' which is stored inside: Personally feels would be asset to the property compared to, the former tenan,ts, that were in It. AI J I have 1;0! .say. ',

r.1.r. Hunter' stated one q uost l on , could yO.l.f give .us estr,mate 'of ~allJe cou l dvexpe cf to have in·lnventory ,eith~r. have t'o s e.I for e,quiptrient wou l d use? Mr . Feathers 'sta'ted e r o und $50;000. ' Mr. Hunter asked sum,.of the ,two, amo.un t of equipment ,subJect to dal1)qge if h a d f l o.od problem. ,'t-.here? Mr.,Feat..he:rs stated e.qul pjne ri-t wo u I.d be hard to 'be d amaqe d, Al f' metal and water n a.t ur-eLl v .co u I d come in .if: f,loodbut coul d c l o an Ol.l+, not Jik<~, b,usiness'wnere::ll'a':v

t'lr. Heil,m:an a·sked any,request for sign? t~r': Feathers asked s[gnon the bui Iding?, f'-1r. Hellmari asked ,wi I f',you come before the board to ask fq put sigrionthe buildIng or on frdlrht,? Mr. Fea'thers stat~dm,ight asl1. for one on it, not In front. \~ouldnlt be sign outside. t78

Zoning Boar~ of Appeals Auqusr F, 197.4

Mr. Grunert statecj doesn 'tkno.w whether Mr. Feathers understood. What proposed 1'0 do j's'side of burlding that faces Ballan'tyne Roe d ,.; back 160 ft. Vacant land Qwned bi Terry and woUld like to have sign on-that ~ide facing B<:jllantyne.R9ad. No sl.gnon the.front•. ':Iasn ',! made,

Mr. He ll man stated'take it prirriaril·i·sales.o-F p"impsand gen.erators rega~dsto' $alea~d I to towns, ncif general publ ic. Would be. w)th . service. of lawn eq u l prnent . .Mr. Feather's'stated not even'.25%, o f my b usl ne s s , Ab oirt 80% wifh the towns e nd vi 1,!~gEis; Mr.. Hellman, as k e d rwoul dn tf- e nv i s l cn j p a r-k ln q proIHe,m? Mr'. featherS s.tat ed no.' e \\fou I,d be mayo'a o ne car .a f a tim'e. ,.'

Hr. Hsll men ·as,ked.IJ.ith' regards 'to e l eva t l on , do you know e levet I o n ~lr. Grljnert'? Mr, 'Grunert 's t et e d' I mav , , M·r. Hurrter stated .wb.tIe ciheek~ng, ~onfusion ,ih cte~ms of ~on~. No~ice, reads F-2 and County says ,F·-'-J. ,Do you,happen' tp kn ow whlch it Is?',', Mr. ,Gr~ner.t,..$tat~d , has asF.-.I." ' Mr. Hl1~,ter 's-rat:€id in Siit.ner c'as$, not '!ll fo;we'duse~Not~: decision of ·the' county -pl en ni n q .an d theyrecomniend d l.s ep pr-ov a nd the 'stat.e 4bas}'c re as'on s. ~lor0t r!3.a:d al l' but so p.eopl e un de r stand •. Flood hazard zone an d ce r ta.i n uses ,sl:lowed,and l Im l t e d an.d i ap pIlca.t lon not one of them. Three other re'a,son,s;, Doesn"t fulfi ll dimenslon,al' requirements, as g:iven (n'code;,in 'viol'ati-on ,o(Article S; S'ection's 8.QIO and 8.0'300f:i·he Chi l I ZonfngOr'di.nanc~· .which p.r-ohlbits .Jhe e x t e n sI on of non'

#4. App.,·icaHon' of Pan rl in &Ch'ahani.eDev.Corp.;: One Exchari~e ' Street, 'Rochester, N. Y. for approval of va r l e nce to' a ll ow (ess t.hanthe rerquired number of p.~r,kln9Sp<:lpeS as set out in the Town, of Chi lI Zon l n qvo r d l n ance , SSO sp a ce s , at NW corner of' P,aul RQa d, 'a n d Ch iii Cen ter-CQ 1di~ a'te,r Roa'd.. C-;;.. '

rvlr. 'fifch'afd ~4ayb.e·'r;rY" ':attorpe·y. for 'applicant, 'app~ar'ed. , Stated pro po s e 'ro develop l.nf-e.r-sectlon of, Pa u I ,R'oadancf Ch.i l ! Av e nue and Chi Ii , Cenler-Co [·dwate.:r: 'Ro a d 'as r:'e,ta'j I..: shop'p'(ng ce nt e r-.•. Fee',s', very much ' at home in this'room'. Geeh'be'fore other b oe r-d. thinks s lx time's and f (~a.11, ya ch, i eve'd '! ln.alvs i fa p ,1~;Fi a p'prO:'{<1 I'b'y I;st,te r! dat-e.d ./ug,~~d 26th. which I have submitted to the board. In order to make thiS p r-es e nt-et t on and ap p I l c at l o n quite brief, have provided boa'rdwith seve n copies of number of documents beginn,in9 with si,te.plgnappro~.al I~t.t~r~i .My computa't ion. 'of 'pa rk i ng r-eq ulr-oments. IVlY, comp uletlon of number ,of . space's which have be.enremove,d from origina('s:i't,§ pr'anby VlrTl1e'of camp rian ce\'i'ith re com)l1e rtd:at i onsof.couhty and ,tq\ Ian n i I'1g bOi:! r d' on route to ge'ttlng 'site p fan, ·approval. ' Letters from two rnaJo'r, • tenants proposed ,'for the center, ·s.'s. Kresge ope'r'ate"~' <'15 K-jvlarT ,. and Gr~e'at A:tlant,i.c 'and Pacine teo .Company· indicQtin'g o't' the', g'1'"06S , f lo'or' ,area on 1.Y' 75:% \~'ou I,d beut'\ I i'ze,d ,for sal asar-ea. A .coPY of ·the ~ I recorrirne n dat i One) f' 'the .town ",,p la'n n i n 9 'boa rd" t,h o'se,i terns numbers 3 4 and 5 on' the last sh'ee't "p're'sE;lnte.c! indicating require'ment or' sugges'tion t'hat provide gr"eater than usu'al bU'ffer area to the rear. or the bui !ding. The shopping center proposed would be four units or,three unti,sdepending On how you i{i.sh,to count. First I<-Ma,r:t., 84·,IOO·sq. ft., A & P, 35,1,55 sq. ft., ,garden shop \'I,h,i.ell iT) 'ali' likl.lhood pad of ~-Mart, 522B sq. ft~', included separately in the 179

ZoninglBo~rd at Appeals : , '."1 ugust 2 7. , I!) ~4

drawings. Bank, not presently l ease d , of ZI60·sq. ft. Call b oa r-d l s atten~ion to fact that we ate ~y your 6rdlnancerequ~red ~o provide one space fo~ e~ery ZQO ft~ .61' grQss~itoorforKTMart, garden shop .and bank. .Ln supermarket one. for every 75'04' f1'oorarea.: Urrder,6;Ol3 j.j

ii',ls;stated"••• lf a pcr-tt on of 'I-he f l oor c a r-ea ; n-otvl e s s t h e ncone hundr~d ~ontrgao~s squatef.et,in'a r~tatl_store wiJ I be. used e xc l us l ve l y for stor.age of..:merchandles, .wh l ch ,is n.ot be.ing dlsplay.ed for sale, such spacemay,bededucted I~ ~omputing .parkln~ requ.irDme~ts bu~ the ownsr shal r not thereafter use the space for an~ other p u r-pos e- wl t.bo uf furnishing additronal·off-str·eet parking as rqq ut r-ed I by this orqinance;",Wi H, commit that to the board at t hls time. That Is .p u r p o'se for the 'letters, from K-I~art .e n d ..A & ,P indicating, wor k I n q on three.: to one,tatto"'of sa l es to storage arees in ·these e un l r s, Re f e r r l n qvtc secon d she-~t;,no,t a'mathemati,cr,an and r-es pcn s.lb l e for any er-r-cr-s ;' Bro ke down gross.'.fl.oor.area. toind'lcate net of . 3/4, of ·the.TC)taj, gross tn"threeof. the units; J<-tvlart, garden shop an d A &,P,' Bank have' util l ae.d In :f\JII'.because'no f'dea of bank tena·nt's use and may have assume have npthing that quaJrflesa,· storage. At 1/200 ratio, .316 .. spaces for K-fvlar't, ..20 .t o r the. garden shop a n d II for'the b~flk. Additional three ~paG8S is requlred So, that.one"· for:.very two emp1oyees~ no~ ove~,$ix at'any onetime in ~he bank of·this s lze , Computation of '1/7,5 in A,&:P I o a ds to 302 spaces or 652 total ; Has pr-ov l d e d' 580'on most recent ap p r-ove d draWing. Hav~ lost ~bme spaces fr~m6riginal pl'a~ pr~sented to 'he Planning ~oard' by compliance with.the, Planni~g Board re~ommendation5•. As ' the board undoubtedly knOW, ~ite plan approvfrL volunt~ry procedu~e but did apply'as'early as'April,·April 9th,andfel/.owed

Mr. fvla.yberrycontlnued, "1-1,/ of .the plans for f hi s shopping cento.r' h a ve

been presented to K-Mart which l s v nof second largest ret a l-l e r- In the

courrr-r-v and operates h un d re ds of'UIl·its.' The v vh ave i e p p r-ove o pa rk l n q area as s uf f l c l en f . Reviewodexistihg area ,With num be.r of teXTS Oil 't.he sub je c t , AI:I: l n-dl ca t ed ratio of ~.O .to 1000 feet of gt:'0ss land. area s.uft l cl e n tr f o r- ce nt e r vof vth l s s or-t , Any ques rl.o n s boe r d. m8Y have, wi r I try to a.ns we r- and ,Mr.' Whit,e on the r e chn tca f . questions.

Mr.' Hunter asked K~~!tart .84,000 .sq, ,fl.,. cou l d ced,ucetotal size of. the building anea , curious on what, 'baslsclwse' s l ze.? Mr. ~Iayberry stated ..l n sl t ua rl on where center wl I / not be. based on economics involved', notfantastl'c mopey-maker be.ca.usepartly. be ca u s e of footQge of qeve·lopmel'lt. Have' situation ,in which K-I",~rt, huge retailer". made

determination' to come into th.i,s' a r e a van d has indicated de s l r-e i t o . . ,develop 5 or 6 centers17inging Ro.che s r e r area.Ap~I l c at l on s. pending, In -other communities. Others ~ore,densely ,popQlated and cons'iderably • more heavy traffic pattern. position he re we have to' ln or-d e r ,In, w ,+0 purchase or lease property, obtain lease with K-Mart of a c e r t a l n

I dollar value' or no b rea k e e ve n ooint •. Thisleasernaintajt)s approxi-. ma'te.ly. 8,5,.000 sq. ft. store'. 'In no .case would .econ oml cs. permit development of a s r o r-e sma lI 'enoughto reduce by VO:parking s puce s the number provided, or r-equi r e d . In ad d l t l cn ,A&P h,as'minimum store ar-ea which wou l d urse , Note dott!3dareato the west l n d lca f l nq 180

Zoning Board of Appeals August '2.7, [974

rutureexpansloQ area re5~rv~d fo~ A,& P.' Obvlou5~y not In po&ftion where 'can, assured at any tlrne !nfuture when potential .user-s. wo ul d epprovB expansIon b~t would'not accept store'subt~BntlaJIy under, f I qu r e have here. Require 30,OOOrrdrlimum. c e r t e l rrlv small,steil,e by 1:s supermarket si'ze.s t he ve In -r h l s e r ea , 'Wegman is 56,00.0." Required"

minimum area". Bank does v nc r contribilte"soQstantiaJly; .Loc ke d vl n by. ec6nomi cs o t : purchase and,] ease of pr.operty and, requ i r-eme rrrs o f tenan~~. ~ould,adjust by a'few:square teetefther way.

Mr; Hun te r asked 'any rel

quite' the" s ame v pe'ak time of day e s A &';p would but.there·, is no question ·th

center deve l op e r s ;' examined number o'f their, ce.nt e r s v to r ve r l an ce . appl"ications for such as free-s"tanding. batiks and found of the' dozen " or so applications only bne shoppjni~ente~ withIn experlenbe previously met parkIng are,':) requJ'reme·nf- of th.emt:lhicipallty, In 'almost aJ,jc21ses ~ariance ~equBsted and granted. Beyond that have run traffIc surveys ne-cessary to convince' board that va'r·iiln'ce al l owe d fOI' the bank. 'Call ai't9n~ro~ ~~Newa~k p'laia," the Numbe~ of ~paeesprovidad sometfurng, less than ':SO',%'req'ui-red by mun tc.tpal t t v , far be l ow this .ra r l o , and' thinks rever ha·d'parkingprobl.em·'inthat c e n-f-er, Deal in.g w'lth Sibley'-s, Big t-J a n'd Wegm'an's in 'other'centerso"f ·this sort in -t h i s. are a, Very few meet p r-c v l s l on s for p a r-kl rrq- requirement of. murrl c l pal t rv , All 'wouldind'icate 500"mor'a t·han 6uffl'dent for these types of stores.

Mr , ~,1ullaney'aske'd

term land-c lea s'e i- lvk.'-Mu!.j·aney a ske d no room a va l t.ebl eifor future expans·jon? "Mr, Mayberry'state'd thinks would have rerth'er moved detentionbasinIJ8caus8 required tenant· approval' to' place' in frol'l,t of A &'p but municip~lity re~lJires 'basin'~here~ ,Attempts h~ve:been made to obtain f~rther area· fr~~~dJacen~ landowners but uns~cce~sful. Mr~~1ull'an,eyaske{) plan'sforfutiJre expansion? Mr ,.' Mayberry stated' none other than"'A & P on-the do'i-ted I j ne , • '.j

v I Mrs. Tanger asked do vo u hav e a dd-lf l on el off-street loading; spaces required?' Mr.: Maybe'rry st a t ed believes they do. Numerous discussions and one of the reasons for moving tiul l d l n'q more forward was ·to· meet that" q ue st I on vb y county -plan·n;ing. l-n vl nl fI a l report county stated questib~abl~ as to ~hether orn~tloa~ing dock would meet min~m~m '18J

Zoning Board of Appeals August 0'2.7", 197,4

s et b'ac'k' ritrqui'rements and other comments and met wl t h Town' Pl

Mr. HURter asked at' p r e s en't two,eiit'rances? Jl.1r. f~ayberry stated t lrst sitepl~n'propbsed would hive had s~m~ ~ntrarib.e on Co'ldwate~ Roa8and ano-th'er to rear a nd tth l s en t r-ance von P'au:1 opposite,this'road'of'f I Ch l l Lv Ave hue • "Sta'te Dept. of Tr-ans po r t a t l on r,efused to appro've the se~ond e~trance onto Coldwate~a~d Couhty nrw req~ir~d us to mb~e: this entrance from that area as'fat'west t6 the ~aul Rd~d side as co u l d, ~Mr. Hunter asked,wouldn't that pr e s e nt problem wlr h trucks? DelIvery ~~udks h~ve to' go ~hrough parking I~t area to make deliveries. Won~t this be problem? 'Mr. Mayb~rry sta+ed ~oQ1d 11ke to·arisw.r 1n ~ • two ways. One, would it create a problem? Tenants have indicated will riot 6estJch'a problem. 'Stll1 interested in >site~Wheth~f , desirable or not desirabJe o r l q l na-l l vtw he n' sEit,'up and not'desirable as recently as most recant PJ~nning Board appe~reance but in position \'Iheter state representative a pps ar-ao tieb:e and said under no c l r-eum- s t an ce sv wou l o x t hs'v al,low't'wo'curb cuts and -much give rind take botween :that represe'n-j"ative,'the de ve'l op e r- andthe"Pfanhrng Board, f l n.e l l vvr-e s u lf l n q iLn this s'i,t<;i plan', Wo,uld :Ilketo provide. Would be better in our opinIon but cannot. Mr. Hei Iman stated thinks was some talk that people could pull in on Co l dwa t e r and make that turn. Mr. M~yberrV ~tated can ~ome ih and make t~rn or come th~s way and go aron~ f~r~~ide Without going actos~ front: Vuestron of which way" most'traf'f lc wc u Jd come~,' Ivlr.WhfTe s'po ke vof Turning' raiH-us au d his cp l nl oh- that can ,ma'ke-turn-'com}oftaiH,/. l rha ve' p r ob lem tr'anslating site' p I an i nt o : fact so' c an no r say';'" Mr. -pi;iJermo· stated -tha,t' is lf dOh't get pe op Ie W[lO I i keto park i n f ron f 'Of' s f o r-es', "Mr. ~1ayberry stated wou ld 'not be a ll owed to park in tn'at c r l vewev s o s ho ul dn t f" be " problem spaces so sitEll~tedthat'wo"uld not 'be blocked.' 'Up to the developers and operators to see not blocked. I :' ..~ . ' Mrs., Tl'lngs'r a s ke d isntta K-Ivlari" in"this, ar~anolV? ~lr. Mayberry sta'ted' nc ;' 'in ''Gen'eva an d vSvr acu s e but none ,j n Ro ch e s-t e r a rea ,Th i s isjirst, hop'e ru ll y .

Mr. Hunter asked has county pl~nnl~g had chance to revIew? Mrs. Luedke 's+at'ed"sent' dow n 'but comment's '110'1-' b ack ; f4r'.' Maybe'rry 's"rated, cou~ty ~,I~nnihg Wa~ preserit ~t Planninr"Boardand happ~ wIth the local ccn cern, Mr--.' 'Hunter-'asked,some 'truc'!i: traffic' wo u-l d be in" wee h~~~s ~f' the morning~ Mr. Mayberry st~ted 50me would if: A &'P more locally' oriented If local warehouse and some, c ou l.d t come in wee ho u rs of the mornin~...... Mr. Hunter asked if' anyone w'J.shed 'to s pea k in favor or. o p-p o.s I t l o n to thfsapp I i cat i on and rio, cine appeared. ', ,- , .. '.,: .. DECISJON'~ Re s erv e d pe'oalng -receipt"of .commen-ls 'from MCPD. . .." .. "." .. -. t/5,.' App l l c et Lon of 'Sa'mes"l'l'euert Ser.vice,ln"c-., 4'343 Btr'ffa.,(o Road, North' ci.ur , N. '1. -for'a'p'provaf of, renew'a'!,·of' variance Tor s:lgn '4'""x- 6' located a't ,4343; Buffalo Road. 'C-2'- '" _ • Mr. Nauert e p'pea r-ed , ·Mr:. Htrn f-er- aske-d any-thing \~ou'Id 'c'are: 'to tell? Mr. Neuert st'ated no t bt n q but d ld I' understand 'rha:r Zorid'hg' Board' I changed, variances on 51gns? Mr. Hunter s~at~d loniri~ Boa~d didn't but d ld ,change it. \

Zoning· Board of: Appeals .. A\lgus,t J,7, 'J97,4 ,

stations. are 00~ going to ba perm.ftted beyond thrje.ye~rs ~f~e~ the Jdoptlpnof ·that o r di n e nc e , A!3',said, .bpard may,hear these.request:'i to ex-tend e?

r-~r. Hunter.asked if' anyone, Wished to.,speak ,In,,favor·or op po sl t l on e to thi.s~pplication <3nd.no ,?r.JEl appeared. .

DECISLON: Granted to Marc~ 29:, 197.7 or as rang as own. and operate , .' business, whichever. is, [ e s s •

#6. Ap p l lcat l on of' Ch.i·I,!,.. ~~gjen CrWp"Ir..c., 450'yhi I,i-Scottsville Roa~u·ChUrchvlI Ie, New,fork~fQrapproval ~f variance·to erec~ si.,gIJ·approx;· 3"x 4~~ intern'aIIY,,1[lufl11nated.ol'l·.bu·ildfng a r 450 Chi I i~Scottsv·ille Road, Chilj American Legion PQst' #1830 •. RI\-20., ......

Mr.: Donald Carp·~ntt3r. Pre.si.de'~ti> appeared, .r4r.• Hunter aske-d wan t to telJ anythiAg·abo,utappl.rc.atlon?:· Mr. Car.penter stated- ~:ign .. wll l be. l n terna tIv i l Lum ln e.t e d Ilnd o pe r a't l n.q fromapproximai'e':lydark t6 ¥:00in.. the. mo r-nIn q-, Tu r ne d o f.f with 'rI mer • Mr. Hun.ter ask.ed . . for how ma·nY'day.s? .Mr. Ca,rpent.erstated.this will be a l.l week opera- tionbut. -c l ub w l l I' op e nere only wee'kend$, Fr l dev, Saturday and. Sunday •. Mr-, Hunter asked .is t.h?lt·days tal,king' for the.slgn,.' Friday SatrJrday e n d Su n da y.j". ~1r. Carpenter stated r,ighL·.'· .

Mr. Hunter asked can you give' idea' of where on the b u.l I'ding sign I will b<;l? ,Mr. Carpenter s,tated·.froot p-ar.t .'of the b u l l d l nq but per- pendicular ·to r-ca d •. Wi II be v l sl b le tr-o m traff.ie from 'Scottsvi ,lie an d Chili. Double-faced sign. Mr. Hunter asked rignt,aeros,s b.u.l l d I n q ? Mr. Carpenter stated on the b u I l d l n q , sticking' out from' the b u I l d l n q,

fvl r ,•. -Hun t e r- s s ke d Interna·lly.: li.gbt,edJ ~1r,. Carpenter stated yes, Jwo 40 watt b u-l bs . Mr.. Stae I e asked, any ob j e c'jl OTIS- .f r orn.. the ne.lqhb o r-s across the, stree,t'? r~r •. Carpenter stated not to rIlY know I edge. Mr.S-reeJe: a~k~d haven't cQntacted~ M~~ Carp~nter statedha~en't contacted fJ>ersonally.' '.

~1r. Hellman a s ke d w<1nt sign Jighte.d onlythr'e'e .d~YS or seven' d'a'ys? Mr. Carpe.nter stated just' t·irne that the cltrb.ll).operatTon. As far as s pe c l a l o c as I on s , wlll,.npt.be. Ln c o pe r-af i on -, Only \'Ih.en c·lub is open. Mr. Palermo asked just going to be open three days aweek? Mr. Carpenter stated at ·pre:sent,'· ye's> Mr'. Pa'iermo .aske d wha t If . six months or a year from now? Mr. Carpenter stated plans now that ..· will not be 'open other than f h r e.e days a week f.o·rthree or. four year, A period. Operate str.lctl.y wI,thvo.lunteer·hel·p and mos:fof,the..people •

working and almost l mpo s s i b l.e vf.o get.,nyb·ody t c. operate pl ece l ofhe r than wee ke n ds , Mr. Hunter stated was going· to ask if could give o s t I rnet e of sign 'install;ed). Mr •.Carpenter st.ated:in neighborhood I of .'1>3,00. O,ne:of the members i's· mak lnq the s l qn. PlaSTic type wl fh legion 'emblem p l us sl el t e r.l rrq . , tJ!r. Hunter asked if 'anyone w l shed to s pea k In .favor or. 0PP.os i ti on t o thTs ap p.l i c a tI on a nd no one. ep pe.ared •.

DECiSiON: Granted for 3 ye'ars,' lighted Fr'iday, Saturday ·and {un·day •. I Zonl~g~o~~d of A~peals August 27, 1974

;Pi" Ap P IIcat l on o.f b'a: 1,0 t4a r c]i i on C.2 3 'fli- ~ n . ()a ks 'b~:l vel , Rohhe s;ter, Ne ..,.( York, for- approval of rel]1o:Yal of' condiTional "prior a pp r-ove l- llmi t lnq uS~,of bu I IQing for pe r s cn a l co f f l c e use as co nral ne d ' in e pp r-ova l July 25,,1973" letter,'bu'll'ding at 1735 scor r sv t t t e Road. " .... ;. '

~~lr. Vincent AssinJ,aTtorne'y, ap p e e r-ed • stated here on be ha lf of Oarlo Marchionl who,has'by'hook,.:or:crOQK. fo und himself here in serious s l fuat Lon . Th ln.k s most of. itinnoce,ntly. Hj s ro r.Lca l l y, application appear.e,d be.f ore thlsbo.ard 'on February' 27., 1973. ' Involved triangular

I p Le ce of p r op ert v which is unique 'in'shape an,d'o'nlypiec'e own e d i bv Marchioni. Corner of Scottsvi l l e and Harold. Appeared before the board requesting pe rmj s sI o n to b u l l d a b u l ld i n q which wo ul d be closer to thes'lde lot line on one. side and, closer to Scoft s v l l l e-Road than

permitted by o rd l na nce s •. ·· l n d l ca t l o n 9.t the' time to be us e d t f o r o t f l c e • b u l.I d lriq for his b usLn es s •. ·Property zo ne d 's Commer-c l a l and permitted office' bJ.J} Idings a.nd numerous' other, enterprises: ,['4aHer ~/asre:ferred to Monr-oe County planning De pa r tme n f who sent a number of re<:;ommenda- ·tions. one of, t:f1!?tn be.ing .ref$rred·to Ar,m'y 'Corp s ot' Enq l nee'rs for. studYr r-e v I ew and r~,?Ql\lmendati()ns. ,This was done a n d some time in·.~ July, of 1.973 these various re po r-rs returned' to the board 'and c e r-te ln conditions. in. f he s e re'ports w'he.1"!'l boaref'advised of. an'd'ap·proval. given .on July, 25'~ J97;3for variance r-eque s t ed • 'One' of the co nd l r lonsj or .' the variance was:t,hat the bu l l d l nq vbe usedforthei.r.personaluse on I y c, If r-ec al I l e r t er, also .r-eque s't'e'd to Joln"'Jn covenant that would be useafor no',othier' purpose oth.er th'il'n personal' u s-s , Mr. ~'far'chioni,

byfhe time gaf'build'ing bu',ilt,:was al mos r out of b us i ne s s t be c au s e busin?sswent, dOWlf-,hi II. . In, con tr-a c-t l nq b us l ne s s at time made' a ppI l ca t Lon , ,n~cj. 7peopl.e·,working for, him- a b dvneede d office and' . between'time b u il d l riq s-re r-te d an qrccmp l e.te d , ,clrci.imstances changes.' I'lou!d' f:L1:Ive anourit e d to hI m sitting-,in o ff l ce w'dh ,n,cuse fo'r" It.,. Rente.d. out .for office use he' thought and Color 'tabs went in and used perhaps innocent Iy for pu rpo s e vnot '01'1 owed and, shou I d. be "out. of . .the.re shortly'. As~.lng·'bnight that the board co n s Ider- e ljn l n e f lon . o f the co ndl tJo n "that th is b ui.! d·j.ng be,u:sed for p e rson a I o rf Ice bui Id ing for' Da d 0, Mel r-chIo n i on I y. ,There is a proposed ,use 'for it which 'WI II pro.b.ably -besubje.ct of another appl l c e.t I on , However, not.much po i nt .i n-, fII·a.kr'ng tha.tapp ll c e t lon until fi rststep arrived. at. Going to first Indicate that .and can ~iscuss with your attorney that the" condl rI on vt n my view, as o r l q lne llvi l moo se o , although probably very: 1\'eU ln t'e rjd e d , be.l ieve s: is a h e r-d shl p. on: l'<1r. Marchloni • .'Going , tos'ugg!~st ma vb e 'tw,o, e xampl e s of why hardsh l p and perhaps possibly e l lm t n ere condition.·,' ' ..,...

Mr. Asslni continlled, if Mr, t

~ppsals Zoning Board of AlJgust p" ,191~

325, s q •. .fL, and_my office which houses myself and p a pe r s biggs, . than thata'nc;J not,bi'goffice. Look for way ;for this, b'oar,d,to extricate thi,s,frqm this property b e.ca s ue itls thl?r€l e n d b ul lf with r-eq u'l r-e> me n f siof Army Corps of Engineersl ft.e1boveflood whtchthey required and ba s l c e l ly~ this is lr, ' .

Mr , Hunter asked can vo u t,ell v a l ue of t h ar ,building? Mr. As sl n l Marc~ionl stated Wi II ha ve i f c ask:Mr. l'4archioni. Mr. stated cost $25;000 to b u.I l d n., ~lr:"'Hunte"r asked and that is no equipment? , Mr. t4a'rchionl: stated'hea,ting, air con di t l cn in q, .a'.ll' bri'ck"cathedral ceiring"fI6,?ri~g.,Mr.,,~unterasked 'it is err'conditioned? ~1r: ' I Marchio,ni stated Yf?S sir'.

Mr'. Harringtona~ska'how'16,ng'drd'it take to finalize t~is b uJ l d l nq after OK giveh, to <;onst;rucf? Mr', Mar c h l o n I stated before made "ap p l tcerl o n , 8 tnonths,~be/ore Corpsof,Enginee'rs,: Mr. As s lnl a ske d how,long'to b ui l d bu"ild'jng?, Mr', 'Palermo'stated from f l rne application • ap p ro ve dvt t r occ up ledvfr, Mr. Harringtor;l 'stated at. time decided to do, ha d, seyenempToyees <;i'lid n,e,eded"bui,ldfng and by t.rle' 'rime compl e t s d , business su'ch'that no. use. Mr, ~1arch'i6n'i'state(j every day:go"to the b an k t l! l ce n no.t get rii6,t1'ily' no'more.,· House' construction way up last year and changes that .f asr., jvl'r!" .HgrringTol:I e s ke d 8 mon tb s took to go f h r-o uq h Corps of Engineers, .h a d ,you" beg'un d'~velo'pmeht on the' '" . bufld(ng? t'lr. Me r ch i on l stated p ap e r' wo r k, 1--1r. Harrington a s ke'd but not aptual bujJdin~ ~o~k that cost, S23,obo.. DJdn't, y6~ f~rse~ in tiled tIme b u I l d I nq going down an d shouldn't put bui Jding up? '~4r. , f1a'rchioni sra t e d in b us j ne ss today ching'good'arid struggle to keep in there <,l0d aJ,I,pf'a .s ud de n cannotqo' it~' tr/tb keep' in.Mr: Assini stated goi',approv,(l.1.' to' p u.r bui Id,jng up .,in July', 1;17.3 'and they w<;jnt to know whe n was,c,onp;t'.ruc'tio'n ,fin·ish'ed,.·August',Sep'tember or,.••• ? of,'()~tob'er. Mr. r'farchioni' s t er e di e nd Mr,'Asslnl asked I n i b u.l ldlnq the end,of Octo'ber? Mf,,~archioni stat~~ right. Mr. Har~ington ' asked p +' that point di d YO'u, haye s eve n emp:I,oyees?,Mr .. ~farch.ion i stated at tha~ time; worklhg bn ~t~loband Had 7~aem~i~yee$, '~~ena~ sooh as finJsh~.d,th;;.lt .Job',:thai',wasit. Np,more ~lOrk that bfg. In'masonry b u.s l ne.s s'jione ~lme big j ob. got 1'0 'p'e,ople,and expect'another Job'~ n I s h I fi today a nd tomorrow'don"It get ,ano,ther job," Mr. Assini stated b us i n e s s we nt down-hill,' Thl n k s' history will ,show that. Two mo n r'h s ago cQuldget"loon and +od

Mr s , Tanger asked ~1r. r;,ar-cl1ioni, did you ev<$r occupy thai' b u I I'dl nq as a n vot f l co vou r se l f t. 1I'1.r. Marchiol'),i,stated no.' Mr •.As s I n l state'd no he di.d not. ,. • I"Jr. He l-l men vstated can see what ~1r. As s i nl is indicating as far as

legai question. not l l ke vsavl n g c an.no-r rhave i l f put limits on,a , I business that there .be no sale ot" el co'h o l ic beverages but question, ,about persona I use:

r,1r. Hunter'21sked.if: anyone, wished to~peak infaifor or "(fpposition and no one appeared. I ZonIng Board ~f Appsals At.t,gust 27, 1974:

DECISION: Gran~ed unanimously.

tiS. Appl l c a f lon of All Re f.u s s Servi'ces, ·.In.c., P. O. Box ,880Q~ Rochester,' N~w Ycir[, 'for epp r ovel of·verl.anee· to, allow ln s f a l ra~ tlon of dumpst~rs ohpremlsBs'located at M~a~owbrook Faims 'Sections: I andZ.', ' . ,. ." .,

Mr. Robe'rt r-r'usc'i appeared. 'Mr. Heilman s·tated.Mr.···Fr.'u.scl is representative before th'e board' to~i"ght.... ~J)r. Frusci. state-a purpose askIng approvaJ forija~l~nee here Is thai'there are problems Involved I, .in ~'eadowbrook Farms 'in rubbish •. Present methc d using.ill N.eadowbrook is to s te r-e rubbish Ins'fde buj/di!lQs lnhalf the uni.ti,1';'·".Room they s ror-e in' 70tal rV.enciosed'and'not' ve ntll a t e d , Veri; bad s l t uer l o n •. , Being in rub~tsh bDsln~ss: ~ent down,a~~:took ~' look'at It. pther p~rt of the complex p ut sr a t the curb on ,plc,k up "day or night .be f o r-e v/hich,

mean s attracting a11 k l nds i o t animal'l lfe an d causes, problem with . • s c et t e r in gd'eb r j s. th roughout ,:file comp I ex. . A'pPr o ac he:d .to J oc k Into. ' 'thl3 p r-eb t em a ndv o ri l v 'way cei'ri'see-'9ut of. l r i econom.l ca L'l vcl s to Install dumpsters,jn.the,·e'. Threis.a problem with them in Chili and asking tll'a+ \'recan.'·'lbca+~:dumpsters illtJiiscornpJex.and el l mina fe prolblems. as' e~(j·st·' present! y arid 'When dumpsters' I ns t e t I eel comp lex wi ll buI I d e ncI o s u'r-e s" ground ,each dumpster:.',' . . .

M~. Hunte~ asked do yo~:have'ma~ or sketch that wouj~'give iniicatlon of how '!occrte·d?· Mr:,"Frusci s~ated'approximatery where XT S are' and . have +~ say ~pproxi~atelybecaui~ donT~ know'u~tt[ get in what' density problems' are.' Mr. Hunt-er aske(j',jndividual·.units store in these.· places, 10 or s o ,' tvir; Frusclstated'should be -i o and-located in' parking ~pots. Mr~ Harr!~gfon askedt~~e'6f thlOg t~uckbacks up and dump s ? r'fr. Fruscistafed correct. 'Mrs. Chapman a s ke d wi I j nO'I' be taken away"and ·they are puf b'ackand managemel'li; wi II 'enclose in some '1iay? Mr.FrusCl·5t9h~d ali totallyellclcised, no lids, sliding doors only. No blowing. Mr. Hun·ter asked can you tell size? Mr. Fr-u s c I stated 9.5 sq. v r-ds , , 7:.5 ft. high, 8ft. \'fide. Mr. Hurrte r I asked about 8 ft. s que r-s ? ' r~r. Fru$ci st-a'ted yes. ' Mr. Hunter asked do you know anything about .enclosures talking about, heffrght such that same he'ight as un'it'or \.jh

Mrs. Tanger asked a,ny pr'ob lem wlf'h spillagewdhpeople dump? Mr. Frusel 'si;a~ed should nc r be., !fwe service it, but c on tt kricw , Mrs.• Tanger sfated p eopl e ar.~ careless. ~Ir·. Fruse'i "s t a f e d our service includes pick 'up e n d ic l e an l nq area.• Ca n n'o f f o r se e pr-oblern , i-tr. Hunte r .a s ke d how wou [d you empty the.ni? Mr. Fr-u s c l stated p i c.k up on back of rubbish i'ruck,'d.ump l n', }lr.· Hun·ter a s ked put s"ime unlt right 'Back'down? 'Mr.·Fa lermo -asked ho.v{ doesr,e.si·oe·nf g'et in? ·Mr. Fr-usc l..' stated sliding eloor'son ',th'e s id e 'atio'i..rt "5,ft,: up"",~~r. Harr l n qf-on a ske d are you pl ckl ng up trash now in" thi~ comp lex? Mr. Fr-u's c l 'statedno weai,'e not. Mr. Herring'ton e s ke d pr'e se n tl'v ·curbslde. ,pi ck up ? ~tr. e frusCi state'din':dde a nd c ur-bs l ds , abo ur ha l L' an d ha l f , l"fr. Harr'lng:ton stated can see 0ber~ that would ~aus~prdbI8m. Mrs. Chapman stated have run )nto thL§ prob lem before wI t.h Si;enwlc'k,are' 'you 'l nvol ve c With e,0t'I'e'c;ti'ng 'r he lr- ru'boj'sh?' ~~r.Fruscr$ta+e·d:·h

Zo n i ng Boa rd of 'Appea 1s 'August 27" 197,4

Mr , He l l man asked on drawing havelline on top, strLciures above that not within application?, Mr. frusci .stated .co rr-ect . ~,lr., Hellman .. stated certain' part, o\'/n~{j by. two oiv.ne,;s'for practical matt;';r and' ones above blue' I ln s riot Inappl I catl o nc. Mr~, Ft:usci s t af-ed have no r talked to them and'th'ey have not appr'oa'ehed us; Mr.,Hel.lman'stated their situation would remain the same. tv1r. Fr-u s c l stated unless move in this dlrectlon. Mr. Ha~rington asked what woul~ prevent these people' from using the duinpste,rs? 'Mr. He i l man v as ke dv on ce v e week p [ckup? Mr. Fr!Jsci staisd .'that Is whatprop,osed'. "

Mr. Herrman stated talk!'n,;) a'bout fencing'. Places in<~the pe.rk l n q I area. ,Would fenci!1g"pe'onfol,lr sides wi,th,g-ate at somej p o l nt t . Mr.' Frusci~tated would f.nce three sid~s. ,Gould put gat~ on but tend~ to,limii', f heiacoe s s ,to"p<9ople goin'g'inan,d out. ,:Lea\fe op e n qnd ..blow e or cars 'get d.amaqe d • ,Mr.' Pa I erll1o~ ~tat<'id 'har.d, 'for you to p j'ck up , ' Mr. Frusci stat~d' yes.' ,Mr. Hunter~iked ope~ tb the ,st~eet? M~., Fr-u s c I sti'lhd yes, p o s s ibly better J ocet l on s depending on d'ensl,ty. f"Ir:-. Heilman ~tated'p'eopJe'liv.ing,there m.ighttind problem"hay:ing , to look at,it. ~~f' Frusci stated that a l wav s .ha ppe ns in, any:c,?mplex. Mr.' Hei!man,state.a sure if,smell,that bad might be In best Interests. Mr. ~rusci sta+edthin~s ~ou!d be.' knowi they have trJedt6controi odor within buildings and cannot do It: Badsjtuation.' r'1r: Heilman s t et e d think aware of that becau§e, S.tenwick people went -ove r and, r~ported ab6~t t~e·~am,., Mr. Pale~~o s~ked,cannot locate so that: truc~ can g6in ~nd p[~k·up, 50 that 0i~w ~.iocked frpm stre~t sid~. Mr. Fr-u s c I stated did th I nk .o f dead en~"stree+s but then acc e s s , problem for poople I rving tar away~, J,lJSt not laid out for anything. Mr , Hunter'statecJ guess v l ew from i ivfng' ar-ea it,seJfwQuld be '.

objectionable. 'i4r.Palermo s t e t e d i i f have to.look aJ it wl l l nme ke sure picked up. Mr.' Hs l l men stciBd,pr6bl,§.rriw)th ~~tes be ca use 'if' open .te ke awc;'{. park l nq s p ece s , ,Thi;; Wqy more thanor.Je. tvlr. MuJ lan,e,y s t ete d p r oh l.b Lts picking' up and dropping back.' , r· ". •• Mr. HLitht-er stated' any-one wish to ,spe'

'DE'C I'S 1ON: Grunted for, 3 'years,to be fe nced -on three'$ides at he.igl\'t q t leasf the: helqh r ofth\,' ,dumpsters. 119., Appfication of Davidr.upo>~·3J' Bowen 'Road,' Ch u r ch v l Ll e, N: y.',; for: e p p r.o val of va r le nc e ,to,erectgara,ge, e p.pr ox , 24' x Zalto ,ft.fr~m.\1e$·+' belo,catecf, app r-ox ; 4 slde v lot t l ne. at 31 Bowe n Roa cf." ., , '" ,

Mr. Pupe appeared. Stat~dwould lik~ to,apologlze,for.not.appe~ring at previctJ,stlmE1ifLieto,misundersfandlng.Com,ing jJ;J ,a ,I'iaywith ' di iemma.' vioLl,Icj like i:o:bui,ld garageq,n'da,sk f6~', \!a.t::i,~nce',., I .ha\(.~ stated' 'r't is,:approximate'beGau;ie have ..,three a l t e.r ne f Ive s and eetme, to the board f o. have board give decision on ~Iay to do It. Have a fter nertve s 1'n orqer:',of preference. Home b rl c k an d trame, ear I v , Amer l.c an cape cod wh lch ,have..been b'ui I,ding. Garage wanr e d to con sr r-uc t o r-l q l nel l v vwe s 6~5 :ft. 'from thel'otl ine.<1nd 24 x 30. "'Iave t\'IO vehicle", and tr-acto r in ,n~rghbor's'garag,ea,t Hi~'momentdue 'to the • subu~ban {hefts have aFoun4~ Wou[i I,ik~ to ke~p what f have. Kept tractor' duririg winter unti I ,robb'eri'es o.cc u r-ee d 'and neIghbo,r' s:l'ol"ln,9 tra,ctor.Garage of woo d frame con s t r uc t l o n wl.th, revers board and, , batten shadowpane'lllng.and shake roof as,b'ur ho~seanq,9a,bl'e hand' I split shake shi,ngles.Propose this t.1me 4 ft. ve r l an ce , 9 fi'."b,ehind house instead of 6.5 'from ,1'01', 15 -f t . b eh'I n o house. 52 ft. behind house is 6" well casing above gr;ound b ecause pump in -t he well in the grQun,d. Casing requi red .fo be above ground bv the County .for that type of thing. If consi'ruct gareJge l O ft. from'line, move back 24' ,behl,n,d. house which is in rn i dd l e of noighbors bedroom' window area and thinks he has val id objection, even with 10 ft. gives view problem. Not sure 187

Zoning Bo~rd of ~ppeals , Au qu sf 27,197.4-

would· like to -rr a vs. on e t·i:lere. myself._ :Problem e-lso , have leach .fie,l,d in back no-r from s sp't l c bu t w'.lter s o f t e ne r vwh l cb wa s. r-e-c ommen da't l o n

o r l q l n al Lv whenbui·It house that don.t f pu t l e e chv f l e.l dj v h e s .to.be· 75 feet from the werl whIch meant put in front, hopln~ some day would have Sewers. 'an-,Lwater in that e re e-, Septl,.c in ·front. well 'j,n back and l e ach, field. In: b.ack w.ould be l e e-chi fl e-ld, for water s.oftener·, Dis.tance.froffi:building to we·IL.wou·l.d' be.58' f·rom.the;weU casing to·the co r ne r ; Reason ;havefo .set bac.k ·24 ft •.. ·from the ho·use:, cannot" d.r·j ve in .en d ge·t.,tur-n lnto:.drivs\'II;\Y 'wh'an move oyer; 10 fl-. Second p-nop o s a l wa s orI.ql n a l ·on:e, &.5: ft., .. l.6 ft.behi.nd house wh i ch .i n d l scu s sln q , I with hei~hbor may 'be if.moved olQs&r to th~ house an~ 101'.1 ine. woul~ keep gar-a'ge f u r t he r- ·aw..ay fr-orn, home. ,la.cated ap·pro>dmately.30 ft.. , f r orn the lOT 1"0 h l-s house and s.et.b;

~1r.' Hun'I'el" as ke dwonds r. If could, shew about ~i.here- ,Vie I I c as l n q ·woul..d be by. your G'od'cu·l·at,·jicYns'?:··,:Mr. -Pup c. stated thl,rd proposal 10 ft,.· ·fr.om line and 24 ft •. ba.c k , Well casing· right here. Mr. Hunter stated . tha.tLs,.back tn here v/hich is closer: to hou se , This is well casing. ~1r'.· Pupo stated dr,i 1.led· "e IL 'befor~ p u r ch e s e o property a n d earth .' poor where d ] d 'set ·house·and .co un fv recommended .that and bo t h Wilter. and 'Ieach field ·tested b efo r-e b u ll rr house. Th a f is why well in:the back. Recommended.l.each ·field ln fronf. ..andwel.l in back 'and .previousl·y hereon lot next door; went through subdjv~sfQn because of those things. Reason was sub d.l v l s l on wa.s because I purchased fourth. lot and ac.tual t v two ro.i:s s o l d in' that time without subdi·vision and had. to come back and go .thr'o uqb -s.u b d lvls I on afterasle·.

Mr. Hunter stated inilcated n~ighbdrts home '[30 ft. back? Also gave

f I q u.r-e v o f 'dimenslon from"hi.s·home t'o l-ot II n e- as JO f.t ..Proposal ton1ght 1Jo go 4 ft.,would·t-hen be. 34.ft. be twe e n .:hl" h~me. and vo u r.. I . gar~ge.. r4r.Pupo s ta'te dv ec t u a.l lvvth e 9 H ..Ievelfurther up b oc a us e do es n' t come back to th l-s ·.p;ol n r. House'constructed with. 4.appet1dages and 1·3D.·ft. s e fb ac k. I-s front 'porch and not su re of t·he d i s·tances,· bell-eve ·14' f f. fi er-o f r omvh e r-e to here which is 144 ft. wh lch sots reilr of the garage at 9 t t , , comes 5 f~.• beyond this; Nr , Hun*er stated instead of 15 ft., 9 .ft. beIng proposed tonight. Slz~ 24 x 28. Mr. pupo·stated reduce.d hoping. to get.clo.ser·to· the ho use and not get Into problem neighbor an~ I ~iscusse~.

Mr. Palermo asked reduced size of the garage? M~. Pupa stated in original, asked for 24 x 30 and in discussIng wIth neighbor reduced de~th of rt~ Mr. Hunter~statedd1scussed'wjth'~elghb6r and ~ere thi·s evening. .'

Mr. Hunter asked if anyone wished to .speak .i.nfav.or or.op.position. Mr. Schultes, 35 Bo we n Road, stated would 1ike to have Dave keep it Mr~ ap p l-ox l me-ts l v 5 ft. from the [at fine. Can go a l on q i wlth f het, Hunter'stated understand If·the.request'were to be::'i.ft.·j.nstead of 4 if. wo u l d not oppose' It.' Mr. Schu.ltes stated right. Mr , Hunter askad'what:00uld be practical ~roblem to yOu fO~ 5 ft? Mr •.Pupa stated thinks could run It at the 5 t.t. Would I.ike to have 10 ft •. back and 5ft. bebause worked di5tanc.~.out b~t thInks ca~ keep it 5 ft. M~. Hunt~r ~skedany+htn~ el~e woold care to. comment aboDt? Mr. Schultes • stated that is al l, ~~r.·l4unter asked ar:-eyQIj Willing to amend to 5.H? I Mr. Pu po stated indeed, will ing To amend -to 5 ft. DECISION: Amended to .\i ft. variance. G,anted u nant mo u s ly .. Zonl~g Board of Ap~eals

#10. 'Application of: Lore'1':BI11Idlng',1 l'n'.c·..' 785· Beahan'. Road, Roche ster , N. Y. for a pp r-o ve I toconve'tf 2rid' f.l oo r : t,o·'[,iving 'q'ua·r..tersfbr . owners use a t '785 'Beahan Road;' M-2:. ' , I

Mrs.' Simmons' appe·ared. Sfa·:ted 'have' ·n·ven in Lorel Bu I Idlng 'on Paul.' Road for 1'"0 year's and t l nd s e t.l s fa c to r v t·o.be'over bu.s l nes s .. Blair. Supp I'y and A,(vi n '61 al rCompany and busI n ss such "t:ha,t do e s have, men on 24" hour cal I· ·and· some ·o·f' ouremerge'n'cy r'ep a irs, we are on call topro'ilide parts an d it, is con.ven.t errt TO' h a ve "some orie I iv.ing :'there I and I ike',id:ea 'o'f I iv1hg :there mvs'el f . V'e·ry. ,s:atisfacti:lry on Pau.l' . Road and would Llke fo do same think'on Beahan Road.··f4rs ...·Ch·a·pman asl

. ft.· .. Presently' h'ave i ve h l c l e s t pe r ke d oLitside f·or·the'·b.u-siriess l t s e.l f ? Mrs. Simmons stated em p l o ye s s vehicles d u r In q the day . Mr-'. Hunte r asked and your own ~utomobile would be parked where? Mrs. Simmons stated at preserit·tl'me have no garage b ur. h'op e to 'make p r ov-l s lon t.o park inside tn 'bad \~eaTher-. 'Inside ware ho use ;- .' .. : , '.

Mrs. 'Chap'm'an aske d what is 'o'us I-nes s ? : ~~rs. SI mIl1Qn's'stated\1ater'~JOrks s upp I ieSandcontractors.' Mr'. Hun t er-rs f-a t'e d guesses from o b s e r-v a t l on doesn't, th l n k any're'aF \~ay to Know whe.-r-hercsomebody living there or not. Mrs. Simmons'stated wou l dn tt rh l nk vso , i'll\~ays been d rape s , at tn" 'wi nd'ow s .beduse offices up there. On Iy obvious addition f r-om viewpoint would be does in·tend to build our sl de staIrway and deck ~ihi'ch bere~ardiess. should 'Only one v l n s.i da stairway now andthaf" isway it was whe-n·b"oughtit. 'Mr. Hunter a ske d c arrr.l-lve r ed over front? Mrs. Simmons stated tdithe nofth t6~ard.parkrng lot•• Mrs. Chapman' ~t~red sounds ,1,1 ke good idea fro~ sa,fe,ty -5TandfloinT. Mr. Hun t e'r asked Just you and 'husbal'id .Li v l n q there? ',Mrs: Simmons I stated·right. Would neve r rent to 'outs tde r . If wedonft, live. ther's wo u l d h a ve one of our' empl-oyees onp·.remises. Do get. quite a few off-hour calls'. Mr •.Hunterstated understand' you wo u I dll1that type business. Mrs. TanGer asked does'nlt bother you living that- close to the e l r-po r t ? /4rs. slnmon s stated had··pe.ople ask .if It' bothers me to be vonito p of my' b u s lrre s s and.no,it doesn't.

1'4r. Hunter asked if e n vo ne vw l s b e d vf-o speak in.favoror o pp o s l t-j o n to this appl ication and no one appeare~.

DECISION: Granted unanimously.

#11. A'ppli"c-ation of Vin Masc,,·r72(l.·Long,·P..ondRoad, Ro c.he s t a r j v N; Y. for approval -of varIance to erect house 22 ft. closer TQ Chf- /-1ar Drive than allowed by. zoning on corner lot of Hallock and Chj~Mar .<38 ft. from Chi-Mar.' Dr-I ve L.

[\tlr. Yahkariich; landsurveyor; appeared .. Stated .made.plot map." \'ill". Hunter asked des cr Ibe f!>lease?·Mr. Ya n kanl ch stilted lYI\'.lsci,.who is building s ub d i v l s l on j v ha s saleonth,!"s'lot fOI- ll

r I "l ols and no way'could get house ot.This s lze on any of the lots in phase one. Not out u~ character with the houses in the area b~cau5e at corner of Lind~and Wilelen and Hallock are closer. Guess under old o r-d l nan co ; Whon first put s ub d l v ls l o n in laws were·20ft·~ on' the side and went over such a period of time b~fore got appro~ed, was changed to 60 and 60. Mr. Hunter stated in terms of orienTaTion, noted ho us e number. 310n Hallock, do you have layout of who l e thing that wo u l d help? Mr. Ya n k a n i c h stated this is corner lot. This is 18"9

Zoning'Board of Appeals 'August 2,7., '19H

Gh iii and ,Hal f-o c k ce x te n d e d. Mr., Ha-r r I ng!'ofl'i;ls,k"'d,\OI.here '1 I; \iii-I e I e n ? Mr. Yankan I c h stated rl.qh.f up ~ht:'0lJg/) her-e. f4r. H'lnter ask~c.I now .t~/C) other rots ~n this tr~ct an~ exlst~nghomein here? M~. Yankanfch, sta't:edr i g h-r , P resen tt y .napIII I ding .on.· ·t h e's e i.tlts., .On J y one bu 1 It .- is '12,:.65 -o.n :IJp here •.If, notrc~, house bul Iding, is I~rge, .good"haus,e; Mr. f~u II ane·ysh.ted too bad not J,1,Lder' than 80ft. Tight lots for big,hQme5~ Mr.YankanJch stat~d CM~ size.o~ house t6.a.ccomodate. lots. pr.1g'inaiiy d e s l qn e d for~Ry:an.' .'.',

Mr. Hunte/asked this is Ghl-~1ar Dr'lve7.f.-lr. Yen k an l cb stated:r'b'is I is phase I and 2. Only one other corner lot. This one cannot ~se '?It 'This: ti-m,e,', Will have" to p,o-r-l:}l!lse, l an.d to:, use it.' ,{G,eneral, d i s cu s s i o n of map) Mr. YankanJch stated ~o~ld marnt.~n 60ft. ,on this side but only other 'alTernative to keep' 30 ft. rear. PIJI'I back in rear yard b utr though.t, wou I d be' bet.t~rto ke ep 60 ft . o n o ne and 38 and as start in curve will blend o u'tward p r-o bably b l e.n'd b~:tteT\~ith t.he • ~fr. ~Jlr. hous e s , Hunter asked th is wi II set forward of those homes? Yankanich s-t at e d right"tbe:se are 60 ,;'I,nq38on this .s i de • Does have slight curve. Mr. Harrington asked house hereb~ck 60 ft.? Mr. Hunter stated wonder if ~ight want to blend in and spl it the difference. Mr., Ha r r l n qton ,stated ,wouldn't.wqnt ,to .b uy 'thIs lot,be.ca-use, of this ho us e v; ,'Mr., Yanke.nlch stated ins tead of encr'oaph i ng- o n -backva rd, with, cur-ve startin'g to .b l e n d na-tur-e llv , .t h ls is going to, be.out to some extent but doesn't feeI.. would h4,r.ttoo much. Thinks, lot would s e ll . Would be better to blend. Mr. 'Pale'rmo asked setback the same onths fesTl_ Mr. Yankani~h ~ta'ed yesi Justpne vari~nce on this side bs cau se it ,is a s$I\i.-: Tvpl ca l ho u.se forcor'ner: lot..

, " Mr. Har r l rrq'ton as ke d do you f o r-se e . any c fhervp r-ob tems in this tract , with u'ndBrs:-iz~dlots .an d want I nq ('.arger ho u ses i " ,Mr. Yan kan lch st a r e d bui l de r- ,h 9·s, had-,:deiiJ-J working w"t,th $75,000 house but" won't fit on. one lot, .an d will re-5u-l:I,d.ivide',one lot and, makelarg;er,loTs. Beneficial and not deitrimenta,i., Mr. Harrington asked ,did we',d'etermlne value, of this house? Mr. Yankanich s+ated approximately$5.o,~OOO r an ch , in I excess. Mr. Hunter aiked how does That comp;r~ with normal house ~'r exp.e c f to cul l d i l n vt h er-e ? Mr.Yankanich stated all large homs s , .. Masci -stated' $4.0-,70, QOO. ,-Mrs'. Tanger asked' where have you bur It, before? Mr.,. -Me scl s"rated Harmony Ri,dge Subdivision off Chestnut "RIdge. He s t\'lO lots 'l,:ett. there. .Th ln k ,questiona'skeq ~Ihether' customer aware. Customer asked f o see lf .cou l d sFlt through, t,hey ch o s e lot and know exactly :~d:lat .<151<.I:n9 for; Mr -, Hu nf e r stated our concern for c u s tomers o n vad.lo tn lnj; lots.,' '. '

Mr. H:unt,er ,aske'd if anyone wl sh ed 'to~,speak in .fe v o r or opposition t.o this,ap;p;1 Icat l on -and no one appeared. '

GEGlSION: Denied unanimo~sly~ ~ ~. . #12. Ap pI ication of Sun O·t'I·':C;ompany, ,i60 Broo,ks Avonue , Ro cho s t o r , N. Y." for. 'G1ppro\1alto move eXistin,9 ,.free-stancJ:rng sign .f r-om €las,terly slde .of, p r-o p srtv tq"west~,side.',of.propertyat 321.5 Chi I i Ave n ue., C-2' " ,," , ,

Mr. Ci ae,hettoappearect. Stated car.ino-f' add much to st',atement made as to \'Ihat asking for.' As'king to move lnte r-na l l v lighted sfgn from 'easterly .s.l.de. to westerlY side u s inq same setbqck. 'Purpose to get better',fisi.bl lit'{":coming we s t ron Chil l , Feel have pretty good' • visibi,lity on~tation because of angle in,relatlon t~the road gofn~ east o ur coming\'Bst"find now block-En] vi'sibil'itybycluster'of signs, I from complex next .d oo r-. Mr. -Hurrte r stated assume heard comments . about change in co de which may be awarQ'of anyway. Mrs ; Chapman asked same sign? Mr. Ciachetto stated yes, 'pedes'~al sitting 'on now and erected anotherpedesta[ and bolt sign to' it. Mr.~Hunter asked talking about same distance from the road line as presen~. t90

Zonjn~ Boa~d bfAppeals Auq us f 27,: t 9.14

Mr. C i echetto stat-ed as'ked'; qu esf"] on' of, contractor about: setback reg u i :rements .:in,d, sa i d you w'ou J d 'probab I yset' ,setback 'requ i :reme irt and he would ~se that ~s' gulde~ :M~. ~Gnter st~ted d~e$nlt know'l't know' hours o-f 'operation as pr-e se n'tl v stands,Mr'. Cia~hetto sta:tad: summe r hOtJrs-op,en"till"a. P'~i"";S'O"SAldo.in turne-d on but in 'wln't€lr probably 5 to 8' or 9 d e pe nd i n q'ion hour-s of"'operation~ Mr. 'Hern'te'r asked"" ',' currently slx days or Sundays?"' M'r.Ci'ach~dto stated cur-rsrrt-l v 6 davs-. Mr. Hunter asked can you give us estiril1ited v e l ue vof signin;'place? Mr. Ciachetto stated doe~nlt think could ~ivs accurat~ value, coult get, 'fIgure f rom operations"departinent.' '.' , I ,Nr. Hun t e r- asked hlo-s'ided? Mr, Clacheft'o stated' two:"sided. fnte'rior light, 12 'ft, h iqh .... Non-rota-ting.

Mr. Hu n fe r ':a'sked" if anyone wl.stre d to 'speak' I-n 'favor or op po s rf l on to this' appficatIonancJ' no one appe,a'I'-e'C!'. ' • Of.CrSION: Gran t e d ; Tu i)'e Loc at-e d un'd'er'd,j'rectio'n o t vBul Ld l n q 'I nspec t or ,

#13.App I lcarl o n. of ,Pon:a ld 'Barron, ~4 Arr-owhe ed Ori ve, .Ro'che:s:t'er. N. 'Y'. for e p pr-o ve Ivcf va r-Lence- ':to' e r-e c t- ~l'ddrt'i,on to ex'-i' r'e-s-l den ce , 'approx'. 15 ft., from side II ne , 3D r t. fr'om r-e e r I ine, on p rop:erty a t 16. Mil e\'/oods' Ro":d.' F- r •

Mr. Sub r an l , b u l l de-r j iap pee r e d •. stated s o l.d house arid want's to make permanent r-e s ld ericetat 16Mi le"Woods., be' axten'd,ing por-ch out' cana'dd , bedroom onto it and make permanent residence. Mrs. Tanger asked doesntt have. ad d if l on up pr-e se n'f l v ? Mr. Barron 'st,a-ted'no, wo uld like'to add ;on to' make vpe r-mane n t re s i dence.. Mr. -Subr'a n l stated 'thi's,is 'ex1sti"ng house and' wou ld :! iKe td add.' Mr. Hunter a s ked this' is po rcb and;" garage? l;Jr',"'St'3e'J e'f' statetl does that haveaddlt,ion, ona 1ready? ' r

M'r'. Hunter: a s ked sider,ina' 'talk:irig'abolJt is wh'ere? t-lr. S'ub r en l stet e d on north. 'Right' about here. Adua'IIyl4 -ft., away 'from '~he north I ins e f te r the additi:ori. (vir. Hu'nter stated app! l c ef l ori said 15: t·1r. Sub;r'ani statedbehieenl4 'and~15.' [vIr. Hunferaskedtalking about ad dI rig over here: and garage iii 'front'? Setback here' over 300'ft,;, roughly 260'( Th af is st'iJlin,front of the ho u-se., \~hatj's'surrounding you hare? Mr. Barron stated homes sIt out,fu'rther than ml ne , Closer to the water. This wouldb~rng my place Inl ine with theirs. fvlr. 'Huntera'sked adding here and here; goirig closer to the str~et? Mr, Subran i stated with. ga rage . Mrs .' Ch e pmen stated but s f i 11,'30:0 feet. On this side the~e sldes have neigh~ors and this to the north and this is the river. [Vlrs. Tanger asked one d r-tvewa v 'serves both ho use s ? Mr. Subrani stated righT. Mr. Hunter asked supposing approved the way"it 'is, h ow far woul:dthis n ew b u.l I:dl,ng be from ,th'e home, here? Mr. Subrani ,stated 1'5 :,ft .. from here to th'eaddit!o'n. Mr. Hunter-:asked how 'farto,the 'home'over here?:' Mr.;Su-brani,sta'ted thinks on Iy about 4 ft. Thei r homa about 4 ft. r r-ommo numen t , 8 ,'ft.'fu'rther . b~nk. Mr, Hunter stated this structure WQuid at some point be 15 ft. from 'tHat b u I Idi'ng.' Have y""u talked t'o'that ovitier?' lv\r. Bar'r'on' '. s t et e d bo t h i n e lg'h bo.rs 'weilt right <3lon'g wlth it., 'Mr. Subrani'sta'fed has wo I'd house and has to'mo;/e by end ofSepteml)'e-r and actua I,bedrodm

here oh'fy'S f r . 'ceiling at exterior wa l l v s o thatrry -1-0 t.mp r-o ve on ~4r. Hun c I t na t ,' t e r asKed bas Ica l lv 'wood frame on s-t ruct l on? Mr. ', S~brani statdd'right. Mfs; 1anger asked base~Snt now7 Mr. ~ubranl state no b a s emen t , cr-aw l space',' Mr. Hunter asked "do v ou happen to know elevation? ~4r. Subrarii stated 5'26.51.

~1r. Hunter asked if an yon e wl she d 'fo speak in favor or op pos l t i.o n and no one appeared. Zon-ing Board of Appea I~ .. August 27., 197,4

DECISION: Grant.ed unanimously.

He Id over from MaY" 1974 meet i ~g:

Application of Lawr-ence Kimmel, ·80 Hubbard Dri.'1e, North cn rr}, N. Y. for approval of variance to erect 2 car garag'e, 20 x 20, a pp rox , 2.5 feet from N. side fot l l n e, "

DECiSiON: Amended to &1 low 5 ft. additJon ~o front of e~isting I garage, 5.6 feet from lot line. Unani.mou'slyapproved •

ROBERT' HUNTER' • Chairman

kl

. ~ I

,I. ' , ' . • I . :.' '; ZONING BOARD OF APPEALS October I, 197.4

A Meeting of the ZonIng Board of Appeal~ of the Town of Chil i was held In +he Chi I i Administration OfHces. 3235GHII I 'Avenue, Rochester, New York 14624 on October 1,197,4. The Meeting was cal led to c rde r ,by the C'haTrman'~ f~t>. Hunt,er. a'f 8:00 'P.N. :',

Present: Ro be rf Hunter, Cha ('rma'-n Janice Chapman .' ,-; " John Pa l e rrno Car I €I Mu I I an ey I Pa y Stee I e Richard Harrington Absent: Gertrude Tanger, • Also Present: Alfred J. Hc l hna n , Deputy Town Attorney

Mr. Heilman stated notice of this hea r t n q has been duly pu b l Ls h ed and affidavits are on file with the Town Clerk of that publication in a legall'f' designated paper of the To wn of Chi I i and a I so was pos'i"ed on the Town Clerk's bul IBtin board.

#1. App I ication of Wi II iam C. Schwab, ,Jr., 261 Ch e st n ut Ridge Road, Rochester, New York for approval of variance to erect garage approximately 2a ~ 22 ,ft., detached, located approximately 7.5 feet from side lot line, 3ft. from rear lot line at 26r Chestnut Ridge Road. R-I-15.

Mr. Schwab appeared. Stated lot is pie-shaped, another half lot here and going to pul between hour intwe but too small' so didn't. Built water tank, Monroe County Wator Authority, and all fenced in back and acce s s road that goes along re-e. Lot on curve and wlder in front and I tapers back to 35 ft. acr6ss back. Couldn't possibly get garage alongside house because doesn't have room. Figures best thingtto put on back end of lot and only thing borders on back 15 chal n I ink fence with the water tank and on this side big hili, o n iother sIde homos but on other side of hi I I. Mr. Hunter stated really out of sight as recall and th.is fence essentially on lOT I l ne , Mr. Sc hwa b stated no, space between fence and lot line. Thinks 3 ft. between back of leT and fence. Mrs. Chapman Bsked don't have to get in there? Mr. Schwab stated got gates here. Mrs. Chapman stated so if had to get across would ~o in. Mr. Schwab stated asphalt road goes around inside of the Tank. All grass. ~4rs. Chapman asked no 'necessity for onyone to get at the back? Mr. Schwab stated not enough room. ThIs is back I'ine of o t here home s , Along back 3 ft b et wee n back lot r ine and fence. Mr. Hunter stated so can get in and work on fence or paint or something.

r'lr. Palermo a s ke d garage 6 'ft. from the fence? Mr'. Sc h wab stated yes, actually it would because allowed 3 ft. from the lot line and I will be 3 ft. the other way. Mrs. Chapman asked how far from the house? Mr. Schwab stated doesn't know how far, got pooi. 24 ft. round pool for 10 years right behind the house. t4r. Hunter asked ho w far from the pool'? Mr. Schwab stated 10'-15 feet. Mrs. Chapman asked driveway comes in tllere? Mr. Schwab stilted yes, along here between whr e , see this is where have board rai I finee and drive runs alongside fence. Mr. Hunter asked approximately what is frontage? Mr. Schwab stated • thinks about 190 ft. Doesn't know. Mr. Hu nre r- a s k e d 35 at back? f4r. Schwab .st a r e d 20.0 on one side and 203 'on other. Thinks frontage I about 80 ft. Tapers back on one side. Mr. Hunter asked showing' building at 265? Mr. Sc:hwabstated thr:lt Is garage next door. 'Mr. Hunter asked about what would that distance be if your garage built a s proposed? Mr • Schwab stated maybe,' 30-'40 feet. tvlr.' Hunter stated ..- " ..-. ~.,:f

j,fau nf NtW Inrk SS. COUNTY OF l\'[ONROE,

CITY OF ROCHESTER.

~...~'-.., . - •. :'7~ Tr:·~~~.:~;.~';."- ,~~~=:.' . :"~: LEGAL NOTiCE' :.-_. - 2ON1N~ SOARD OF'APPEALS §:-~'~~~~~~~~I~~;'~J~~drJ I' ~~.HJ.~.,~.k'.~~!.~EY. ::... TheCljin AdmlJ'!;,.t"at1on .Jr~.:161 • CI1eitnot R idoe Roall', RaehI1ster. N.Y. fu<- '~.--~al of va~iitEfw tli Ilreet ga~o1l<;I~-'---. ~riq,tlon ~Ice, IN~, ms ~;,,;;;;~ ---_·S¢qli$~[Jrl!'.., Gt ~hl~.p." ..... I]~OJ/al Raa-cI. N.'r. for oiI))- f t: '":":':. 9' Varlllllee '0 Defmit me; mPllcarltm of Fr6d Bowell, J3 Sfillmeil. ~ GOwOr/VI? RDdIe!Iter. N,,,,,. fllNtPl)fOlioilh,'lf Ii ~ , ~d 10 Bed aHael1ild' l:Iior~ Ott lNl!~t -c.. - S.fI"(J\f-t' • ~~...:_: -:- ~I ~a[ra".'~~ to CGnstruct in-grOUnd thi,.JQ~ ,;.".-" ~P!=!,"O~ a..fl. rrom1:J.1-15 , §.1]!.P.~ 7_ AllP/i~tion qf P~l!r J. Slo;hak, JI'" 12 day of 1974 -, .. ' 8a'irD/"C~clt;'. RCoChestl!r. N. V. felf' aDPl'

Zon i~g j13o.a,rd. of. Appea I s , .Octo.ber·"',. J97.4

makes, house ma vb e. another 20. f.:t. or .so, ,Mr~ .Schwab ..st.ated fr.ont of.·the . garage .about: e ve rr .Wit.h b ac k of th!'> ..,.house •.. Sits ..'behi'nd the house.•.... '. ." .' Mr. He i lman .as'ke9 th i s .1 sJ u s.t to be 'uss'd '~o r·, stora:ge o f vehlc ,"es? Mr. Sc hwa b .s-t·ated -vee , two ca r-s>b~u.t· b Icyc 1.es'Q fHI ·everyt-h i n 9 " I awn mcwe r-, : .Mr.• Hun.te r- asked non,vsntionaL ln- he i qh t , .. ~tc? . Mr-, S.ch.wab.· state~ ,tandard he-ight ·a~d everythIng.' .

Mr. HU.IJter asked if anyone ~j.·S·h~dt:o:s~e·;:IK::i,~. fav~'r: or o.PPosltio.n t,C;. thi·g,·application 'and 119. on€: appeare.d.

I v DECI·srON; Gertted una n Lrnous jy

2 •..Appl l c et l on of Edw I.n J. Blance, ..245 ~tryker. ROCld,: Rochester, . New York, for e pp r ove 1 of ·{r.~e-stand'ing garage, 2'1. .x 2~' fElet, • to be 'erected '12 ·ft.· fro'm east· side lot' I·ine (n' 'RA-20 z·o.'ne •..

Mr. Sla·npe.,a.ppeared ..• 'Sta:ted .,co.nventi9na·1 2.2:x 2.a ·gar8g!3. (O.ft. from the house on a 120. 1 'wide by 2. O.(l, I.ot. "~lainryfor.storage.. of .,' two cars, bikes, etc. 12 .ft , from I ine and next doo r- neighbor's' " house probably another 12 '.01" 15 ft. from pr-op er-t v. I i.I1.6 •.,:,!'1·I" •. Hunter.' stated saying' minimum distance of abo.ut 24.ft. b etw ee n garage'and . home. M.r. Blance"·.p.tated· a.pprox.imat·ely.· . Mr.. Hun fe r aske-d:.Yrh·ere. is his garage:. ·Mr. Sla.nc.e. state-d has ·not]e., :would be on cppos l f-et s.l de of his. l o-t-. Mr:s.· Chapman a s.ke d on -rth e .Qt:herside 'of his ho us'e? Mr. Hurrter as ked . s"lri ng' two- garages wOI.J! d op po sej .Mr ',' Steel e' '. s f ate d. bof-h on east.side. M·r.· MuJI·aneY··5Tai:ed b unch- of t r.e e s in here.

Mr. Hunt.er· state? this .. is in, new RA z c.n.e and code.•cal Is:,.f.oJ:' ,:50 f·t.• as s l de ·Iin·e .inthese· z6nesand -f ha t is why l n.. .ta"!3 t.on.i:ght.· ·Norma·I.I.Y talk· IO .. ft. 'in r-esl derrt l e lvar-e'a-van d this wou l d be. perrnl s s ab l e, Mr. S I a nc.a' stated a.s un de rsta n d.., ·tha:t p a r·t i cui a r . zo ne ...wa sn ' t t,~a ';i: way . when p u r oh a s e d- ho u s s , Mr. Hunter stated just c r-eet e-d .in Ma,rch wl.th I new zo.n i.ng .o r d.i nance.··."· . '. •..., ..

Mr. S·tee,! e- 'as ~e dw i ! I g 8 r:ag:~' be' be h i n.d .ne,l.g·h b~'rs'~9 u.se 7 ~r... B)'a rice .stat~d no ... front I.ine·ot·the· garage, wo ul d s.tar.t par-al.Lel '.wl.t.h t·he back of -hl s ho·use •. Mr. ·'Sf,ee·!,e s:i"ated w·U I. be. behind' h l s.vho u se , Mr. Blanc-e stated yes,: majc r p o r-r l on wi II be •. · When p u r-ch e s ed house.. wanted -t o a·ttach but when.v-f Lrs f .loo ke d .at .: houss a.nd a·tterdeciding.

:to ·purch.ase,... ·.d..l s co ve r e d s e pf l c i system a nd '50 'fo'rth ,sit'uate.d :awa.y f.rom "the 'house' .so·,;wou I d b~y ap I.e' to. e.x,tend ,dr.i v'$.w·'ay over· i.t .. an

" ;' • I. Mr .. :'Hunte,r-:.asked ~l.fr :anyone wIshed to':speak i·n. ,favqr or .oppos.itip,(l. to :th'is appl i·ca·tion and..n·O' one ap·peared. '.

DECI.SI:O'N:: .Granted .una.n:imousl y •

3,'.A,ppl i'cat(on of Anthony AZ·z"t?I·[np, 46_3C·hestn·ut RIdge Road,. .. Roches.tr:, New·York; .for ·app·roval.of varianc.e t.o erect .attached gqra.ge ap.pro~ima·.t!3ly .10 .,fT, fr:-om 'east lot li.ne, 18. ft. from • north loi' 'i't1e at 4.63 'Chestnut .Ridg.e ·Road.· R-I.-15 •. : .. I Mr. Azz.q.JiT\O' ap·pea.red •.Mr ....Huni·er;.asked in in July prEiviou$ly? Mr. 'Azi6;l i'no stated bel i'eve ·A.ug·ust; ~4r. Hunter asked ,c<:tre to discuss and descrioE! how diff"lrent than o.rigi·nal.ly?· ·~4r. Azi.o(l·no.stated g0ingt.o construct two car- garage in .front .of .cyrr;ent gar;ageand ·because..of.. ,,, "Corne'r 1·'O·t, ·.have . have different. by-I.a·ws and have revh;;ed it to 'attach to my ·current. gar.age ·j·nstead. of co.nstrucTing. in front~ ·Mr•. ,Hun,ter asked'suggesti:ng going out to the ..eqsf basical·ly?· Mr.. A·zici.lino· stated ri ght. . ." ." Zoni~g'Board of Appeals

Mr". Hun-t'e r stat'ed this' ltouldgi"le 10 'ft, on ·t'he· sitle,':which is "n o- p rob I·em'.- Rea r ya ref as .hll ke·cf' befo rE!":' '0 r I 9' j' na 1'1 y' p r-ope's ln 9 'a-r e'a whited out here. First concerned about that b~ing so far out front in rej·at·ron to, \~hat .co de' 'cans f o r, ','Plen :.to 'iJ~fe.' e~isti-ng '9are·ge:· as" [ivin~rspace"1" Mr~' A·ti-dlino'stated f am I l v 1"00"m. -Ml-, -Huri't e r- asked what' is' s't t ue t l on ':ra-e" th'is' is corner', ,.home' vihere? ,·M·!"'. Az-zo! l n o ." . stated back behind here. Mr. HiJnter as'Ks'd 'an·co·ver here~ what'is " closest home to t h.l s ? Mr. Az zo.l ina stated next to me. Mr. Hunter asked hc)w far? "Mr.' 1\;'2zoli'no' stated roughly', 30:'ft."to·his: garage •. Would say probably 20..ft. on other 'si'de(of h l m. Mrs: Chapmaln' stat'e'(j' if not mistaken, up rise too, so not blocked by: this in ·anyway. I Mr. Azi-o, I In o stated wou I d say from where' he','s'ta'nds 'in front .o'f ,ltd.'s house, could see across.

Mr. Hu n:te~r' 's'tate d guess,'d'i s.c us s ed p r'e"tt.y ·t,ho ro'u'gh I y -l asf ·t, i i-n's a rou nd. Anvorrs 'care to"lcyof; at the pla'n?: Mr. p'a')e'rmoa'skerl" what: is size. of the garage? Mr. A'zZ.d-1 ln o s·ta·ted ZO. 'x ZZ~: ' • Mr. Huh t er- asked i·f anyone w'is'he:d to: s peak in favor or o ppo s l.f-lcn to the a-ppliC"ation 'a'nd:'no:one appee r-e d ,

" ..~ . .. ·4 •. ,,\ppiieatiOn'of'P-D' SEi'rv1ce, :-:lnc.', ·tS.2'5"sccitt'svnle Roa-d'; ·"'RocheiSt.e-r-·;. ,Ne'W 'York. fO,j- ap p rova I: 'of' va r i aiicei'o perm (1" ,th'e', rna i nteh.a.h'ce'of. fa;c:i n-tiss fbr 'The' ·;S·td ra ge ,:;. re"'ntil 1"-, , s a (e',' ." rep:a I:r' 'and' serv I c e iof .h:eavy 'eq:-u l'pme nf a nd f'ac II i'tTes' i nc.identa,1 the·refo', all" ln ·teh·n-eetion v/"lt;li:the··ope-rat"ion· 'CInd bu.s ines s ·o:f ..·. P - 0 Service, Inc. at [525 Scottsvi lie Road. F-220ne. ..

IVlr;T·arricone,- 'attorn'e'h staten: he-te eta· repr'·e:Se-n+~P-D"Se'rvicl:l.,·on " f-h isvepp I l c e tlon," Have p r-epa r e'd 'a I'etter 'To wh l chrha s 'atta'c'he'd' 1>. s u r-v ay maps and 'wou I'd' I Hi-e' t6 make avell ab reo 'to: 'yo:Vand '~the 'rnemoe.r s. :'. li-e:.t'~'fken:·:i·n·to. I of the bo ar d so t'hat'th'e 'Co'l1t'Elnts 'c arr cons t der er l on ' during d·e'rFbe:rati'6'n.· Have ·extra·copies.if you nee'd them: Mr'. Hei l man asked aware of the report from the County,,?,· Mr':"Tarr+con'e" stated apparently indicated from the"airport consideration, no objection to this a pp Ii cofi·on. Ar-e vconce-rne d' w i'th ·fac,·t, Jh'a:f-I a hd 'w i thi"nl 0,0' , year' f I oodp I a'-i1ri'; Have o n .f i lew i th'B,i.J·i I ding' I rispe'cfo r 'a'nd ha ve 'cop y o f .leTter 'here,'wi·th~,'me from' Mr •. KfTrig'eriboe'rge'r who mea's ur-ed the ele'-·· vat ion' of-' i;)·nfrance'··T'o·: bu.l (d i n·g: and '~f'ou'ii"d 'that l-f: i 5 ··a·t e'l 61/at'l

Zan i ng Board of, 'Ap'pea l s

Mr.:Heiltn'an ,stated no-r v e a e l Lv carried oway. Mr. Tarricone stated presu~e,power shovels, road,graders.' Mr. SmIth ~t~ted not'too many P~lVilioh b e cause i mos r inventory ,in wh l ch v ls main offi'ce.' Don't " floBt. Mr. Tarricone,stated in~event ~f 100 year flood, might ba advan t a qe to town tO,have them, e vet l ab lev f o'r- use' in 'combi1l:t'ing the flood. ', ,'J

Mr." Hu nt-e r stated, as 'understand, P.,.D, -he s purchased, what Was 'former I Y' Altamura's ,operat~on. Mt.'T~rri~one stated under contraet. 'T~ansf&r not completed. As soon as this board sees fit to gbant approv~I, I i mmedi ate I y up on rece i pt of 'appro VB I tr.anfer wl r " be, 'camp [eted', ,Mr.' Hunter asked wonder if could describe nature of busine~s as exists • Mr. Tarricone stated represent Mr. Alt~mura. Happens to be uncle of mine. Business, consists of road bel [ding ~nd excavating, and as road bu j I de r- and exca ve ro r- has -h a d ot:! ',the' premi ses bas i cat I y a II of the equipment that,P-D intends to,have. In fact, customer of

• P.,.D.i'n op e r e f i on r c f v bus l n s , ,Mr;'Alt'amura h asi us e d b u.i l d l n q to' e.s make. .r-epe irs" ,storage 'of, equ i pment ,' used "re'ar port l-en for storage "of b u I J dozers,trai,lers; BasicaJ I,y .same e qu t prnerrf. Mr. Hunter a s ke d- suggesting by'~his requ~st,thatthis is extensiOn of s~~e kind of business'? Mr. Tarricone stated onlyGJlf,ference,tliat'Altahiura has'" owned the equipment and used in his business operation. P-D intends to sel I equipment 'from thatslte'~nd rent,out eq~ipmdnt'froffithe sit~. Mr •. Hurrt-sr- .a s ked as "we I J' as, rna i nt

Pal e r-mo r as ke d not in excavating b u.sln e-ss, s t r l c t ly heavy equipment?" I Mr. ,Smith'stated'sale's., rental 'and service; , " Mr.;'Hunter stat-ed will ha ve to have sollie equipment for display. p u rp c se s , HO"w man~ pTecesi. Mr, Smith stated' from non&'t6 6 p~eces'at most. Not very many.' Extremely expensive and doesn t f inventory many', Mr, Ta r r l con e stated P-D'I'/ill"be, superior to Altamura' b ecau se Altamura's, equ1pment was used ,and ~ad,'been used an~ some of, It was old'. ~As pdi,nted out in la5t phritogra~h,'~tor~d equipment'on 'exte~ior wlfrbe,'ln rear,

portion, Thl n k svboa r-d r-ea l tz e s vo n or.l,e'side·have a s ph e.t f v p t.en t v a n d : 'Oi'l o t he r vs l de t·raf(er h au l e r • Mr; HunTer asked' if granted;' if lived nex-t l doo rv a nd dl'dnrt know had hap pe ne d , co ul d only'judge by, what J, saw, wnat wou I d" be di fferent? Mr. Tarri cone stated doubts wou I'd detect any difference. Mr. Hun f e r i s t at e d presumably some traffic." Mr,

Tar r l cone s t are d nct v an v more than AI t'omur-a, ' 'In'this'industry,"many pIeces of equIpment wil I go out and stay out'6moriths ,to a yea~ before they return. Mr.' Hunter s t'a t ed basically no' change as far as noise, traffic'or'anythlng' of this sort,' Mr: Tarricone:stated, basibally'the seem.' .

Mr. Palermo asked how much i c an yciu handle'as far e s v r-ep e l r l nq ? ,In facilities you will have hov):men'y:,piece's of e q ul pmen f co u l dvvo u handle with help, around durjng't~e week? Mr~ Smith 'stated onlj 4b'~s~'~one large cne i l s vo n l v one' couJdget la'l:'ge'€ttuipment into,' -At any' one' time • one farge piece of e qu i-pme nf inside .under repair and, 3 "sma l l e r- ba v sr wl t h IO"ft. doors, cbmpressors 'Or. 'pumps, srna lIv-f-oo l s •. 'As ,far I as large,e~u'pm~nf, on(yone.' Mr;' Palermo asked do:you have schedule or keep s~heduled thatequipment,has to be repairad. ,knbwwhen coming? Mr. S~lth stated not very' much in advance., 'Mr. Palermo s~ated knowi when' breakdown, want fixed righT away. 'Mr. Smith stated two mechanics and do'most'of the rep~Jr wo~~ In' Pavll ion where, werhave' fifteen. Two mechanIcs, 'bne papts man,~ecretary, sal~s~an" total force of about ~~r, 'o"or'Y,' Palermo e s ke d v s a me o pe r-at l cn as Pav:i(pion only on smaller scale. Mr. Smith stated yes. lYti

Zoning Board .o f Appe el s

Mr. Mullaney e s ked.j do j vo u e nv r s r o nvan y pro.posed stqn s on Sc:ottsvill'e Road to·adve~tise business? Mr. SmIth stated on ·~rant~oi building 'in exact sarne place.·had AltamLJrars. Mrs •. Chapman asked no·free.~sta·ndirtg? Mr. Smith stated .thlnking·of o ne, know·ing·. you 'w l-l l be

Mr. Steele asked road service for r8pair ing equipment? .Mr. Smith stated hav e h/0·.p.ickup~ for f I e l d ser vl ce ," ·Mr. 'Steele a s ke.d Tiow much fuel storag.e·will yo·uhave at the site?'Mt •. Sm i r h vst a t e d i doe s n t t • i n v l s i o n any. gas.·.. in past all had was 20.0...gaf;. skid tank ·for. diesel.' ~io.uIEln't f uel .exc e pr on emergency bas i s , Trucks havev c r-e di f cards.

Doesn·'t store gas. The.re Was·' fuel and gas s t o r a qe v o n premi·ses. Mr. Steele asked a bo vet qr-ou nd tank.? "Mr" SmIth stated. his below. we will have·.20.0','gaf,csk·id tal'lk.· 'I' . ": ~ ...: '., . . '" .. . .~ . Mr::.·:He.i[man·,sta'ted.Wi:th re.gards·to.first PC1rt·of.this fetter dated

Setpember .20.,. 1-97/': from Mr.' l.!ptegrove•. "Howeve r j. th.e subject··property is' Lcoation in.t,"e· I00y.ear f loodp l a l n .of the'Genese~ Rive,r,and Black Creek end the Board .sho u I d be e s sur-ed that the. bul l dl nq is p r-ope r l y : floodproofed. if permJtted to rem~ln;· Th~s must be done If:t~e Towri" of Ch lI i ·is·t9. ma I'n f a ion -it.s . f.I oo d insurance Certificati.o.r;·.·lI·. Know. attorney· l nd i.ca t e d .mea s u r.erne rrt s and· Pll-t;ori the record·' [etter·to. that· effect, that mea.s ur-e s sa t 524".• 9 'and difference would be·..ml n Ime l vas ','.' far as l aw conce r-ne d. : Would.r ike to get. to question of·. fJQo'd~' . proofed. H~ve.y6u had any converdat)on ~with Monroe·.County Planntng as to what meant by ·fJoodprciofed? Seems' mean 'more tha.n just sh ow l n q bul[ding.·:~~r; I e l e ve t l o n of Tarricone stated thinks was concerned,·ty.pe of building that could be mov e d by water.. Have solid m'asol<-fY'buildihg and certa)nly difficult to imagine that any water wi I I move this , ... b u.l t d l-nq •. A-Is·o·undel"st.arid j n .. talki..ngwlth AltamLir,:a that the.·foundati'on over-sl··:n~.d'.b.ecause· of this b u i l dI'n q i a r-e v we y e esy e.nough.· fol': ·hi.m.To "I.

excavate' a nd vf l Llv Ln i wl t h oo nc r-et e-ra nd el so i experrs l vev-to b u i id vfo r » .... · him to put mlnimum of conctete, so.oyer-sjz~d.found~tJol1~througho~t this buildi·ng.· .Th.l n k s have answered que s t icn s •..Being masonry . construction l t : is type' of co ns.t r-uc tjo n v t ha t r.w l l [;,not.··be. affected by.' fJ'ood· waters. Mr.. -Hei Ima'n stated ·take .. I·.t·answers .qtJe;tjon··buT.reason, t~.a.,t:Mr.. c~r.tlfic?:­ asking ls Hunte..r a s ke d v me b e f o r e , .Town-vd t d obt,qi·n f l o n for: insuFl;ihce.· Mr. ·Tqr:ricone.stated..co n-sl c er- use' of.·the quil9in9 w·ith this.,type.equipment.. l maq l ne 3 ·ft. of ·wg.t~r in -r he .. bui l d l n q ,. wouldn't hurt equipment in 't,he least. Thinks.b'i.ggest saf~g4qr(L wl.thin

.1 I nc h v o f the'IOO year f l o'od p lel nca ad (l.i.g ffo-edstwo yea·rs ,?90:c;ame

nowh e r e r nea r- the'.building,.' . . ' Mr. Hunte~ ;stated und~~standing·:that code .es ke o , t!'l1j,t, f.1Q,0r.· be'Z ,.it. above that f i o'o d p l al n so r-eaI l v would ask for 527 :and.·aware ~f·.t~~t building and kn e w at time of e a r l le r application. Code does call' for s t r-uc t ur-e s t rcv be above f l oo dpl al n,' Mr •. Heilman ~t?!tep .. wouJ.d.·b€?so~El . q ue s f l o n with flood -t ns ur-ance ce r t lf Lca r l on en p.re-e~isti~g b u I l d l nq s before. flood insurance ~oncepf came into .exlstence.in ~) I· the,e towns. Mr. Hunte~ stated want to be sure,if. dO'different, not causing problem for town as.a whoie.Mrs~·Chapman asked how ca~ ~e fird,thi~. ~ut? •

Ghec k i o n the. l ns ur-a nc e ? .Ca n some body t el l you.OK o r J:lot?·.Mr.:Hei.·!man s t a t e d wo u'l d appear to·me.m-any·tow·ns have pre-axisting.. bu l Ld l nq s j j I that a r-e v no f just going t e. be torn down.·· .If .de s-t r-o ve d by fire 01'" something or have 6ther~reason ~o Jevel, might'insist GO. new ·structure being·2 .f f ;:' high.er b.ut·.'woul,j·!nt believe insurance company so .wqrried· as to make it:·work.. ba.ckwa.rds~·,lv1r·. Tarri;cone-st.ated·,·had similar· problem in ·Greece•. Subd.iv·jsion approved :prior·.toestabl.i·shment... of f:loodpla·in ... Peop'le'tapplying for.buildlng permits and to cOp'e '!lith the 197

ZonIng Boa~d 6f Appeals . Octob~r "j, 191.4· "

requlrement~,' JOok~ng at ~he founB~tlons of the structures very carefully'•. Make sure if bu.l l d l rlq surrounded by, wa ter , walls will' not collapse and r-e su l r in da,mage. My impression this is criteria to look at. Mr~ 'Hei l man stated take it o ne-ro f tflings discussed before 'j 5 t he fvpo s s lb j I' it\! that"\irow I dn,~t· become ,dam o f : f loaf. ing , thlngs:and Is. surro~nded'by trees. Nbt thetVpe ·of· structure' that wil I float.' M~. Hun~.r'stated te~ta.in· lyon ·the· surface' appe&red rea.son·a b l.e, .

Mr. Hun t e r t a sked if a n yo nev wI shed to speak I n favor or opposition I to this. a p p I'i·cat.'i on a'FlU ~6·one:appeared.·· DECIS,I.ON~ Reserved pending iFl'vestrgiHio'n of f Lo'o dp r-oo f inq requfrements.

5~ Appl lca't l o n of' Fred 'Bolven; 13,"St['llmeadow Drive; Rochester, ." • 'N.·Y,'for ep p r-o va l to f ve r La nce v t-o erect attached'garage on.west ,side~f residence, approxiMately 5 ft; from lot lin~ at 13' Stillmeadow. R-I~f2 •..", '. '.,

Mr. Fur l a e p pea r e d representing a pp l kant:, '·Stated'·.There is garage·

existifllg here l n s l d e v ho u s e above are bedl"'6'oms.· 'No, .way ·'rooms.a90ve" can be kept warm. 'Decided to make family r-oom iand have t·wo vehicles so could build legally 15 ft. garage for one car and leave one I~hygoing' outside";;'·That 'i-s .:·fbr the S'ft. varial'ice'to:'pu+ t wo i c ar- garage. This is corner house., 'Went door to do o r- ana no i o rie a qa fn s t : 1t. These are bedrooms and garage on this side of this house'so nobody wl I I ever b u.I l d here'. Unless build another' bedroom. 43 "ft.', Mrs. Chapman asked which way does house face: Mr. Furia stat'ed "faces' h e r e , thi'sis"street. 'Two·car.·garage'here. This is Br t aniDr-f ve.• Applying f o r . 5 'ft·. ver Ja ncev ':43. 'ft. f.rom ho u s e- TO lot ,I l n e •. Mrs. Chapma~' ~tated that Is' why w0nd~red'ff house:face~ othe~ street. Mr. Furi' stated this Is ra~ch.' Mr. Hunter &~ked whlch'way is.'the long way?, Mr. Furia stated not arTist, garage here. Mr. Hunter asked entr:ance'here?:'Mr'.' Furia"stated:

Mr. Steele asked Telephonepole on lot line? Mr. Furia stated cannot te·II. A'II over' the pl ac e •. :.25;:.ft:'f~om house' to the .-Iot·[·i~e.' Measured 25. -f t . and from stake to··house·.4;3,:ft.-- M'p"; 'H1.lnTsr asked' 68' :ft·; '1 sn 1,t ·it?· 'Uf.lfbrtunai'e l-v 'When I oo ked . 'cit th is" un de r-s t oo d '. , garage 'here.' Ne'vel" 'I:o'oked at th'a-t o ne , ., f thes'eare' di stances ',' . looks T'ike, no.pro-b:[em··-on,tha·t ba s l s , [·f.,tf:1is .. '-is,.tw.o"car.garage;. ~.'. Mr. F'uri21 stated right, TWO car':' ·Mr. Harr'.i'hgtolJ ste f e d l oc ks ·jarger: than 9'0. ft.·. lot. ~lr.·-Fu·rja eske d wh'at is stde s.e t back on corner'? . Mr. HunTer" statel:J 20. ft.; mi h..imum.Mr. Hei l man stated used to' be" .: now 60-" Mr·... Fu r ia stat'ed 25,' ft. he're', "snou i d be' more .t h en. that here. Mr. 'Huhter stated'c6de calie~ for min~mum.of.. 2a ft.. ~t that·tlme.· Mr.Fu~ia STated garage,should be 20 ft. from ~heroad in.· Mrs. chapme n s t ate d yes, 'from' 'Th'e' l o r"! l ne , ·Mr. He l lrna n staTed that -wou I d make lot 1.03 ·ft. Po ssl bl.e •. Mr , 'F,uria stated nof -b lq r-anc h b,ut doe s have two car garage. .

Mrs. Chapman stated no p e op le here, and house faces t h l s way b u.r • garage comes onto Bria'n"Dri've~ Mr. Ha il man STated al "differ'en.t bu i I ders after Eva"nge [·i's't, went down', about 88' acres ,I eft., Mr. Fu r>ia' I str~~t develop~dbut~obody ~~ythl~g .~ith stated circle done it.:';

Mr. Hunter asked is front'of 'garage cojnci~ent with front of hou~e~, Mr. Furia stated everything "-in .l-jne , Mr.. HunTer asked what wou l.d length, of garage be? Mr. Furia stated 22 .f t , Mr , Hunter stated out of s ca I e.· 198

Zoning' Boa r dco f' Appeals Octobe:r 'I, I ·9·74 .

Mrs. Chapman a s ke d you,are·bur,ldiog? Mr.·.Furia stated'doi~g.ma"'lonry', work. frJsIJd·s and· d l s a b led so' dol n q r un n l n q- f o r-v h l m, ·Mr. Hunter- . " stated just want.to make: sure' understand what do ln q-, :Mr. He l l man asked give ove r-a l l . doimensi9ns'?"·Mr'.·Furi~,stated:20:.'wide by"~2 ',deep. Mr. He.iJman asked no:easema.nt ·afo·ng.there· is'. there? Mr. Fu r l a stated no, storm ·sewer.s .or·anyt'i'ling? 'Mr:. Hej l rnan stated ou qh t to check ;: Mr. Furia stated if there ~as easement in 6n this p~op erty would", s h ow von this map. Mr. Heilman stated no, just tape map. MI". Furia' asked better if easement? Mr. He l l man stated no, if town has t o ft. I easement to. dr-ive v e h Lc.l e s ln in -ca s e of prob.lem. Mr.· FJ:lria stated" if town had easement wouldnft,be on this 'property., .Mr.~Heilman stated when lots laid out houses e r e n t t on them and when Evangelist

.or RG (l..E g,ive easements,••• Mr. Furia. s f a t e d t doe s n-t f know an1{t:hlng • about easements. Mr. Hei Iman stated before do anything ought to' check abstract,to make s4re.Could,come,jn, and knoek' bu.i)ding.down. Ivlr.. Hunter' stated assuming they wi II .have· 10 .ft;·tl),sl"e•.Mr,·Furla asked will the to~/n show,this? If easement of any k l nd? Mr.' He l l rnan sTated not necessarily. RG & E may have. ·(...00k.8t filed map,of the subdivision at the county and that wi II show. e e same nt-s . 'Mr. Furia asked that would be.with deed. ~nd everything? Mr. Heilman stated just. check ll b er and :page"ancj ti'lke map and' l.oo k at lt. Doubt if problem. Mr. Pa l e r m9 ~tated just.to:be. 0D safe ~jde.~

Mr. Hunter askedif•.anyone wI s he d to speak i n favor or op po s l t lon to·thr~~ppl ication and no··one appeared.

DECISION: Granted unanimousJYi

6. Appl tca t l o n of Thomas P.ugli·a., 10 Le'wn s b u.r v , Rochester, N,. Y. for approval .of: variance to consfruct in'-grolJnd po o l vap p r-ox ," 8,ft.' from basement, .4.ft. from NW loT·I·i'ne en.d 10ft.• from· ',NE l of I ine.aT 10. t.awn sb ur-v , ·R-I-IS. . .: i

Mr. Pu g l. la ap p e a r-e d-;": State.d had .enl!lin.e-er come dow ni.en d check th.j;;>. out because guess you turned' down: 'Ia'st' time be'ca u se of basement I s ay i nq it v/i:!s too c l ose.; .Mr. Hunter $ta-te-d a p p.l fed to' bOar.clorigin·ally and, denied be·cause·.feel·ing from' d l scus s l n q, major. concer-n: was saJei"y.. of the,home an d was basis of 15·'ft. required under code •. Following· that checke~' by engineer and submitted leTter TO'us frQ~ th·is, gentle~ man stating feels not p r-o b lem , .

Mr • .-SteeJe,asked 1,6,x32.:·tra.pe~9idal 'gesjgn?, Mr. Pu q l I'a ..s t e t e d yes •. Mr-. Har.l'"i.ngt.onaske-d. drawing att'CG,hed te>' that? . Mr. ·.Pugl iastateGi lot of front.··arid·.n.o. back. M.r.'.Stee'le· a s ke d c'ouldn',t' give'"neighbq,r part of the' fr-ont'for pa r tcofc f he ba.c k ? ·Mr-, Puglia ~+a-ted, wouldn't deal, wi I I ing~to~buy an~.wouldn·~ go. ~r\·Stee)s" asked ha~ing~lectri~' s·er.vice·1 ine:mcved? M.i'". Pil'gl i:a sta t e d yes,. j us-r one,'+.f1at is .on t v one on. tro.us e .. ·M'.t·., H.unte·i-' asked wou ld .it b,~ .yolJr.·p:,Ian, to go;>: ahead. a n-d ,t,he,.~jte.., do v corrs t.r-ucf l.o n .ff:·appro.ve,?,As recall',mateJ:'Lal's on Mr. PlJ'§ I i a si'i:1ted' ye's •.. Mr. ·H.unt.e.,r a s-ked wou I d' try ··,to do: a,l1ead. o f the wi nte'r'?, -Mr , Pug,1 ia sta'ted. garag.e loaded •. ~4·r.• Steele asked pco.l . has. 0 gO." co rrse r s or' o n i a l ·angle''?'..Mr. Pug.ria. stated th(n,/<:s. 90 ,•• Mr .. Steele a ske d Hat -w l II' fit ..on y o ur : lot then? Th o uqhb trapeze.idal, ·.di,dn 1.t th'in'k would---f·i't.,,·-Mr. Pug·lia.'sta-re'd' yes, w,il.l.fi·t.

Mr. Hei Iman stated presented letter from engineer who apparently says

would be no' p r-obt emve n d town,Ts c o nc e r n r t.h a f , some morning you wa ke up . and f I n-d f I oa-t l nq • Mr. Hunt er- sta.te.dgent·lemanT:s' le-tt'e,r.date-lined • Pu ab lo, ·C0Ioraao,. '-Reside:nt of Co l o-r-a do or. what? Mr.· Pugl La stated registered in N'ew'York .in -Alb'any and ,.regist.ered in Oregon...... Got j o b I out there and wo r-k l nq now. Mr. Hunter a s ked but t lved here? Mr. Puglia stated··yes,i'n·-Roche:s.te:r'. Mr. He ll manv as ke d ac.tual Iy looked. at j·t? . Mr. Pug I i a 'stated' actua IIY looked .af: it, her.e. 19,'9

Zoning Board· 9:f Appeals ',: '. Oc.t obe.r 1,1.g7:4

Mr. Hunter asked if a nvo ne wished to s pe a kv.Ln f evo r- or opposition to this appli~ation and no one appeared.

DECHION: Based on .lette.r· ,h9m~Dgiiieers~.bmi,tted byap'pl:i2,?ot> . granted unan l nou s.l y ;

7; Application of Peter J. Sieh~k, d r , , 12"Saylor Circl~, R~chester, N. ';f -. .r o r vap p r-ova I .o f vari arrce to cons·truet f,e'nce ,j n-excess . o f- 3.'ft'. in height in front yard a.-I- 12 .Ba v to r-' Ci,rele. R-I-,I;Z.~ I Mr., Sichak a p pea red •. Stated ,just, go'ing top'ut wooc;lende.nce, going a r-ou n d i hous e , Over '';; "ft. in back j : p r-obab l v 4 .ft.,·all thew8Y around s l de s arid a c r-o ss th·e,ba.e'k •.Mr. M.ulli;l!le.y :asked Sl,tan.·dard e board, fente or any~hing,f~n~y~ Mr.· Siehak stated post.¥ith ~hree rai Is al te r ne t ln g, and' on e is ,with X's.".T-hree. e n d. X,.. th.re~.and X:.

Mrs-, Chapman stated. th"js. isn't s pe.c l f ic...No t i ac ro s-s the front yard'

b-uf-: f o r-war-d i of the. house 'on 'the sides? ,Mr; Hunter ask e d how far . forward' Mr. Sichak-sta~ed b~I~~~e~"has to's~ay 10 ,ft. fro~ str~~t:' Mr. Hunter asked upv-sl de line on.e,a,ch·sid.e.from,ba.ck.:forwardT 'How far for.ward? "Mr. S'i ch a k s,t.at~d as far as can come • . 10 f f -, from . street? Mr. Hunter stated up to board to decJ~e. Somethlnes Just t6 front I ine of the home. Makes difference in terms of c~de. Mr: S i chak s·:tated, pa,s,t, the .·fro,nt.. Need'ed ,va.rLa8ce bs.cause .. more f han 3 ,ft. 'M.r., Hun·ter a ske d IV.h:{ mora than' 3ft? .Pur-pose .o f, .fhe ' code. ' . to keep ,fell<;:8 l-owe r- a n-d v.l sib [y at·tract l-ve .': Ab ove that conce rned , .. that,is.why here.• 'lIh,at is.r~,aso.iJ~ Mr •.Siehak s,:t.ated,·d,i'dn:l,t th·in.k·, 3, ,'ft-. :-ta II -enou'gh,,,to, keep. kids' i n,,,a n d :dogs o ut'. Mrs. Cha pmarr as k.ed e nc l o.s.ad. to hou se ? :Mr:. Siehak 'st,ated .eventu{l,lly,: "~ot .to put up garage f l r s f" .bu.f ·that: is: go i ng .-1:0: be .re,xt y~a r , : AJ,te:r.;;g~~{:'·~g'e'. up wLlI .~Of!!.r;l; .: from s.l des to the' ho use., ", .... ., ," '

Mr. Hunter st-ate,d.from Wfj'Y d:ese·~j.~e fe:~pe e~se:~tial'ly .o~·en fence;' ':' Ta I kin g 'about ·sp··l.j't -r-a i I. or r.bugh' woo d ma.te ria! l' , Mr:. S i ch a k ,sta.t:ed. r e dwoo.d , "Mr; Hunter a s.ke d na·tural..or ·p.ainted?, .Mr, Si,chak..stated .. I probably natural -for year.ortwo 'and then paint.' Mr. HU"1i:er a s ke d, neighbors aware of vou r pr:oposal? .: M,r. S,ichak s t a t e d ye',\3; they ar-e, Mr~ Hunter asked any objections? Mr. Sichak stated no. . .. ~ Mr.: Harr.ington asked,talk.iog about. posts 4' .ft,?,: ..Mr.:S,icha.k s''!'·ated·' po.sr s 4 ft.' and vp r-oba bl v. r a ll 6...;8'.'. below the.r:e. Mr.•. .Hunt e r- aske·d .. na lI wo u ld 'be. nominal 3 '6"? '.,'·Mr. .s t chak stere d a.pp,ro;;:;i.mate·ly •.t'1r.,., Nul tan e y .as ke.d is .hou se 'to r-l oht '0., left of d n l'vewa y, h~ve"existi,ng· d I" i ve way, to' b'ot'h ho u ges: on o~ PC

keep kids. l.n i - \'/'i 11.90. f-h r-ou qh qu l cke r f ha n Ji'lck. r ab bl f , M.r •. 'Sichak stat.ed not i f_.the.y k'low,' whOlt.' ls ,go.o"d for them:. Mr.. Ha rri.ng'ton ,state,O if ba:sket, W8.fjve, fence ••.. ·· Mr".·Sj'e~ak.:statedthfs·.'\olaythey .ha'v~. the,ir yar;d and, know 't.hat 'i's -wher:e They p !.ay'.. Keep out. of streets.. Mr". . Palermo asked want to go as c,!o'se to·:fron·t...as,possible? .Mr. Sl:ehCi:k. stated pr:obabl.y figurlng... W '.ft, ·fromstreet.·, Mr. l:Iarring,ton <;ls'ked, how mue·h serback

Mr. Hunter asked' if ~nyone, wished to speak in'favp~ or oppostt~on.to t h is a p p.J i eat i 0 nan d no one a p pea r:e d • 200

Zoni~g Boa~d of·Appeals , Z)dobe r 'I ~', '·974' ... '

unan~mo0s·ly~· DECISION: Grahted " :.~ " 8. Application of Mmes. H. Woedy, R. Binner and E. Olivo, 44

Sequoia Drive, Roc he s t e r , New York' for appr-oval" o'f' va r Lan ce v f o : use part of building l o'ca t e d on "property et i'i5·0Faul· Road for next-To-new shop. 8-1-15.·

Mrs. Woedy'end Mrs.' B·inn-ert··appeared.· M·ts.·Woedy ·s·tated,Wou·ld like to,openr:lext't·o nevl·sh·QP. Just 'what l t sav s, Peo p l e could buy"'and sel I n~xt to new clothing. Do you know site talking about on Archer Road'?" 'Wf:lat, else ,Wo(Hd yo-u I ike to know? Mi-s; Binnert sTate·d'.be.cau'Se I roof fallen l ri on oth'er half of 'bu ild In q .can no r us e vnow b u.f \·rould·, fix roo'f and kriowk'Wal1 out and, e xp an d-; Mr. Hurrt'er. asked expand if. sal'ine'ed"in of'uture? Mrs'. Woedy'!t;ta'ted s t ar-t l n g wi'th·.half o f the' , e bu.l I ding' bu:t· htere is part'i·tion· and if goes wi:! I I. coul d. 'go 'i n.r o a·II',

ot it·.·. I'Irr. Hun f e r v a s'ke d how man·y',day·s· and hours of' o p'e'r a t l on ?: Mr's. Toedy staTed TLle5day'~and . Th'u r s dev andSaturda'(.·Mrs. Binne'rt"stated I[ ·to 2-'.on·T'uesday' and nursday ·and,' se t ur-dav II" .to '-4: Mrs'. Wo'ed'y

stated and .o'ne e ve n l n q:... ·Mrs.· Binne'rt' state.i:J Th u r-s dav v e ve n l n q t : Maybe 7to 9;( Somet"h:j ng (j'ke 'that •. Alter the supper h o u r., Mrs". -··.Wo'edy , stat~d 6 to ~.~~ jto·,9~ ~ ,

Mr. Hunter'a'sked' 'wh'at k lrrd of traffi'c·wou"ld· yo,u·m·arket· r e se e'rc h .study -l n d i c af-e- would' get? ,'Mrs. B,inned statedtry,:3'mon:rhs;Clndif' noth i ,n'g ha p~e ns 'w i I (. c l-ose ,l{p·. ',Kn'ow 'have ,to' p a i n ta'n d c lsa n. . Mr, . Hunte~ asked'envisibh any ~igns in co~nection with this? M~s. Binnert stated tc'"ld 2-:x 2.:5., Mrs. 'Woedystated one ali b u lI dl n q' and. pr-o bab l v one' down on th'e road: Mr.• -Hunt e r- staiErl·would Ii'ave to' be. app ll e d .f o r , tftrs. Woe'dy es ked separate'ly? ·f4r •. HU'nter state.d oou l d amend tonight' if have something in mind. Describe s I z e., Mrs: Woedy s t-e t e d.i boa r-d signs, 2 'x 2.5.· Whit"? wl r h black letters, ,next to new shop. Mr.' Hun t'e r as ke dany 'Ii'gh t i·f! 9 l' Mrs" Woedy 's tated' no; Mr ~ Hun t er a ske d ' basica,lly:w'ooderi -pa l n f .. (j, si·gn?· Mrs. Woedy sta-tedr'ight. ··Mr. I Palermo asked -1'I.hat,'abou·t win'ter whell,·da:'rk,?Mrs.' \'loedy. s ra te d I i'!=Jh+ anyway beca·use·theyha've I ights. 'Wi I r l mprove. l c'ok s of b ul ldLng by painting "It' and" I n s-ld e I~i II' b.e. cl'ean -and··ne·at. . '.' ,.

Mr. Hunter stated have really kind of problem inappl ication ·be.cause bas l cal l y ih·r-e·siden·tia[· zone an d- what you 'a r-e asking for 'commercial operation:' Reallze s c aI'e tal'kiilg a bo.ut but ne-vert hel e s s commercial

op er-a'r l on 'in 'residential zone •. Really askin,gfor use v va r-l an ce . on I v b a.sl s b oero can ,h.ave for g'ran-ring ve r l-ence ·Iike't·his'would.,be·,hard·ship on pro'perty ,thatdoe·s·n'·t a l 1'O\~,+o be 'uae d as' r-es l derrti a l property. Appreci.ate.·'n·ei\ther of yotl ov(n 'it:"sci" may not b e able to s'p eakvto ,that po i nt:•. 'Kl nd :of i'ih at we' ha v-e ,to I o'o k: af: i rtcon s-I-de r ln g.' a p p j lcaf-I o n., . Don't 'know if·a~n·y·comine'nt. "'''1rs'; Biriner·t sTaTed·eo.lf,b·t' if they.·have,'· h'ar;dsh'ip'.' -Lef us re'nt if' approve by' you' but' n o-t be.ca u s e :ne'ed' money. Mr:' Har'r l n q'ton ve s ke d 'is thi:s"sket'ch?' Mrs.• Woedy stated yes., ·M-r.' '; Harrfn,gto~ .s'tat~.'d ·have Arche r , .,Pau,l, ;this. j·s ,where'sell trees·.·. Mr.s.· Binnert stated ·barn····for trees'"cmd shoed Ivhere 'take: mon·ey;'· l"tr. Ha'rring- ton asked ever bo"iight 'trees over -there? Seen ·I)a,r·n? Doeso"t th ink' coul9..be useclas re,si·,dential.' Mr:'HLfnfer ·s:tatedwouH:I" take :work.' No quarrE11 with thaT. As' far as ·tre·es; aware have' s'old~.Mr, Mullan·ey stated ah'd firepl'a'ce w·ood ... ·"Mr.: Hunt~r state'd ·pre-ex·isti~.g uses of • the property.· That is why c'an'go on irl residen··tial· district. Now talking' new us·e. Legally thi·s· is wa.y have TO IO'ok'at l't. Mrs. BinI'ierF stated did offer a I I of that ti-ig "garag-e excep·t.a·t Chri,stmas I time 'wh'an se'll tree's',-'WouliVmean e[os'ing'shop"at·Chri-stmas'ti-me'and reopen i~ JanuafV. 'Didn't kno~ if wo~id make difference b~t didn't want to do it. Just wante'd olle I ittls' secti,on to start·· out.

1'1'1". Hurlter 'asked know 'if discussed with -people in area?' Mrs; Binnert statedwould'n't know. Mrs.' Woedystated d'oubts if.·did; Mr •. Zoning Board of Appeals October I, 197.4

Harrington asked is thIs bu.i Iding speaking of? There is driveway a n d all parking. Mrs. Woedy ·stated one of nice parts. abouT it. Other n Ice, part. rent very ·10'.'1• . When go into s ome t h l np I ike .this. need low rent~ Mr. palermo aske~. nex~ ~o .newst~ictly ~Iot~in~? Mrs. Woedy' stated yes but in.goo.d pond,itio.n. Mr. Mullaney a ske d not .f l e a mar ke t type operation? ,Mrs,' Woe.dy sta-red. no,

Mr. Hunter asked if board were to look favorably ~n thi? in terms of short term basis to give you ch ancerro 'see hb'w lf goes arid no f I saying would' happen~ could happen, and on bas1s.:may be wi II ing to try and see how people in ·area feel 'abo.uf it, h-ow:'wo'uld th.i·s s r rl ke you? What kind of investmenT do you visualize putting. i.n?· l-f granT for a year would it be impossibl.e for yo:u to cha nqe building· . and furnish and any other things might be planning? M~s. Woedy stated perfectly all right, Investment very low on our' part. 'If it goes • or fai Is'. Think if goes we may be able to do quite w·ell. l nl t l a I cost very low. In answer to question wouldn'T make. difference on our part. Wouldnlt be. big l n ve s f-ne rrt , - ..' .

Mr. -He i Iman asked request .fo amen·d your -·a.pp·1 iD::lfion for two ·2 x; 2 ;,5·· ,s igns_, o.o.e on b u.I I d i n q ·.and o ae on f ro n f of p.rope.rty.? What. I.s C" o sesf pI e ce of .r-e s l de nr ie Ivp r-ope r t v j Mr. M.ullan~y s r at ed qu l t.e a distance. Mr. Harrington asked how close Is house right therei. Mr. Hellman stated ho~ses as yo~ go. Mr. St'e~li 'isked 'what are toilet jac! I ities? Mrs; Binnert stated ~one, said could use her house 1f had to. Mr. 'St'ee'le asked' no wate'r or ·heat?'· Mrs.' Bjn ne r-f st'ated wI I' have to g'et ·spa·ce-heat'er.'·Small el-ectric ln ·there. M2In u se-d TO. live there,' Mr. Steele stated he had kerosene heate-r in -there.

Mr. Hunter asked when would you anticipate getting under way? Mrs. Binnart stated would I ike to wash and clean inside whf Ie weather' fairly warm as soon as we could. Mrs. Woedy'stated would also' Ii-ke' TO. make flyers up.

I Mr: HunTer a s ked If anyone wished t·o· s pea k in 'favor or opposition and no on e'

DECISION: Denied unanimously.

~ , ~.., He I d over (rom Augu_st meeti_ng.:

Ap~Ilcalion of Pantlin~'&Chananie Dev. no~p., One Exch~~ge S"f'reet', .Rochester,-N: Y. for e p p r'o v a ] of va r l ance to allow l e s s f h an the 'requi red rrumb e r- of ·parki·ng· space'S as set 'out 'in the . Town of C-h I Ii Zon i ngOrdJ n an ce , ·580 .s pece s at NW c o r-ner- of Pa u I :Roa..d and. Chi"i Center-C'CJ-Idwater Road. C-2·.;

DECISION: Approved unanimously. , . ~.

ROBERT HUNTER- . CHairman • kl I' r (

" 202

ZONING BOARD OF APPEALS October 22, 1974

A".M~~ting of th~ Zon~g B,oard of ~ppeals,o£ the' Town, of, Chili was ,held in theChi12 Administration Offices, ·3235Ch~liAvenue. Rochester, New York 14624 on October'22~' 1974. The' Meeting w~s called to order by the Chairman, Mr. Hunter. at s-oo' P.M. Rob~rt Pl:esent: HUnter,. Qhairmail' .:.'. Jan:l.ce '~apma.n . Gertrude Tang'er;:,' I

John palermo' ~ v', • Carle Mu'l1aney . Ray steeJ.e . Gerald De~raff • Also Present: Patrick J. pietropaoli" Town Attorney

Mr., .Piet'ropao1i stated notice of the hearing has been duly-, published and aff'idavits are on file with the Town Clerk.of that publication' in a legally designated papeJ:' 'of the 'Town, of', Chili and also was''posted, on the TownCLerk's 'ou,lletiri board~' !' ",

r , ' .Applica.:tion o~, p-p Serv:J;c'e, Inc•• Pavil,ipli, N~w' ~ork~ ,1.452.5, ~o~ apprcrv,al' o'f yarianc~'to erect sign 4, ft.•' by 6: ft., .doul:i1e-faced, mounted on 4 in'. diameter poie, 10 ft. high,' on propeJ:'ty' at 1525 scottsville Road. F-2.

DECISION:', ' pehied. No one a.l?peare4.· " '

2. Application of Larry and Barbara Kiser, 375 clay A~enue, Rochlf!.stlilr, New York for appzovaL of v<;l.r.:\.a.nce to, erect,,40me on I irregularly-shaped lot with front and J:'ear setback ~ri~nces at 52 Brasser Drive. R-I-l5.

Mrs. Kiser appeared with three drawings •. Mrs. Kiser stated original . drawing with most dimensions. Embankment comes way' ao~n: ~ No' 'way' " 'house can go f).lrther. back and can only be moved up 1 ft. .Mr. Hunter' asked,21 ft. from front ~o't line? M;r:s~ Kise'J:' 'stat~d y~s., Mi.: Hunter as~ed propo~ing '12, ft.f.rom side ,l;i.ne? 'Mr,S., Kisex:' sta't.ed yes. Mr. Huntera~ked.distapce:£rom.r~arof home ~o'pack?, '~s. Kiser, stated, about 35 ft. Mr. ,Hunter asked have plot plan?' Mrs.· Kiaer stated no. Mr. Hunter stated with this kind of shape pretty difficult what di- mensions are. iihat interested in, if· closer 'than '40 ft.i.n rear... ·which is minimum allowed in this district, should also be asking for variance· for that distance. Mrs. Kiser stated am asking for front and rear variances. Mr. Hunter stat,ed doea not say how much. (Discuss:!.on over map.) Mr. Sam Simone from 'Savage Realty appeared. Mrs. Kiser stated .. only other thing can do ia move house over from 12 to 22 ft. or 32 ft.~ Mr. Hunter asked distance of 20 ft. to play with? Mrs. Kiser sta~ed ' yes. Mr. Hunter stated this no problem, can' do what want here, 10 ft.1 minimum, unless will affect bj:lck, wliich evidently doesnrt. Using same front location in all drawings? Mr. Simone stated approximately. r4r. Hunter stated all saw homes around, asked anyone know setback of home here (first home in circle)? Mr. Simone stated from what understood all had to get variance for setbacks. Mr. Hunter stated this one looked like not 60 ft. setback, but couldn't really tell. l1r. Pietropaoli stated been handed listing contract which tells what dimensions are as part of description of contract. ~tt. Hunter stated front 90 ft., probably core distance. Mrs. Kiser stated,no, straight across, noton circle. .... ¥ ~~ ..

;;. -.

1- ~-.,.

-"..,,-.:iii ~" -..i .... (iates-NEWS-Cbili ii.,.::--- .""'"'-.... ~ "'_t ~ 1269 CHiLI AVENUE • ROCHESTER, NEW YORK 14624 r . ~. ..~~~ ~ ?~ ~'IL":_.. f~jt ~:~ ~ ._~~.!­ -T_-"':= ~ ~=:r;'"!:;f. • Lt.Lt~,:?X~ .~"" DATE f!-if;:L, .. j!--' .;.-

THIS 15 TO CERTIFY THAT THE ATTACHED LEGAL NOT~CE(S) WERE PUBLISHED IN THE. GATES-CHILI N E ~~~.!.~~ l...... w-e tJaff-'rl " I. t. J..-n«}.. J: •..••. ••••••"......

--.."" /-j '/~/ ~/~7~'"... //)/ "0', ,. /~ ..•- _. ;;"'otay : ,{Yt£L.. k ll . f / . Patricia M. Smith M,fl. r Publisher ~ E"'Jll,a BORAH CONWAY Notary Public, State of N.Y.. Monroe Co. My CommissionEipires March 30, 1926 ~~. -~~~~~~ J.~' ;:;~. ~. •• ,. ••!~ """'~Iili=i~=!l!!li"=tt;!!!:'+'~~-~~~tiL , 1 ~~~~..:=--;-.;...~!!'~-.... i.. ~-"----. 57=;b.' .... • -~"liliiIbi2:Lt:...~-----C-- - ..~,t J.,Jf-, ': ,:.1: • " LEGAL NOTICE g, j ~..; ~ '\ i L. . _ tC~ :EZ[~~)OAim'OF ~~EALS ...... ~ ~., :A: "Meeting of the Zon1JJg .~.~ '~ ~Board of Appeais at the ToWn . L:; ~:~.~ :':e,ill chili -will be held' ln the' ~t:V~ : :Chlli- .Administration Offices, ~:f~ '~i35 'IU'- chiu Avenue, R,ochester, :~~£ ~ ~-New York 14624 on October 22, ~~ ;;-..1974' at 8:00 P.M. to consider ~ ~ ~"ffieiQijOWlng ...... t applications: ~~-2 J~ AppUcation of P-D Service, g~ :·:·Inc., Pavilion, N.Y. 14525, for ~:-... . - ,.~ .., approval of varlanee erect . ~ to or- 'C"sign 4' x 6'. double - faced, -mountad on 4" diatl1eter pole, .;';,1,.0'. .high, on property at 1525 "S~OttS'ir:me Road.F-2. ..£-.~. -Application of Larry and ""BaFbara Kiser, 375 Clay Ave- ;: iiire ,·I.\ochester, New.York for .'approva]Ot variance to erect :;~me on irregularly-shaped lot ·'Witll front and rear setback ~iances at 52 Brasser Drive. ~-1·"15. 3. Al'plioation of Sun on Com- -pany, 760 Brooks Avenue, Roo prltester, N.l". fpr approval of ,r-vatiance to erect free- stand· ;:;'1Jlg~ sign larger than allowed '4'UiiaerZqning Ordinanceapprox. "::M sq. ft. in size, a~ 3215 Chili t.~ven~~..:..9.:.~' ~., Application of Lester <;1lis- ':"" holm..82'GlIbeJ:t Str.el'lt. Leroy, ~.Y. for approval of variance =""t"o~ erect modular 3 bedroom e:h,ame with basement, 1034 sq. ~ft_. ill size, on lot approx. 125' ~_.274'1 .Iocated at ~82 Sto~tle. <bli.d. RA.20. f ~~ll interested-parties are ;-r:equested' to be present. By ""-';:"'",... ~.: 0.1'. tnEl c;::harrm~ o( the ·P!..~ppeals., ~ - .,. ~:.:~~~~~- • .. _TO, _ ~.:• _ ;

7'~_~:.-::"'; :~-_::'''= ...... -_..- 9 ~,0'0 d'

Zoning Board of Appeal.s October 22, 1974

I' Mr. Hunter stated rear 166.2 ft, left side 152.2 ft., right side 112 ft. Rea~ize donlt, have plot plan tonigh~ but is something board interested "-in -~eing' in .order .to make'judgment: would like to -know what we axe approving, back h,eJ:.:~, ba~;lcally what :wei,re interested iri. 'Scale, d:rawing . couid be s ft. or 45 ft. depending on how' was dra-w'1l. Ml:'. 's:tmone' stated coliid"check out and'f:l.nd·what dimen~ion' is.' :M:rs. Kis'er ,s'tatedLarry ma~e to scale 5 divislons pe.~ inch. Mr. Hunter'stated each 5 diVisions '20 ,ft. On that ,ba,sis would' just make it in zeaz-, Appare71t1y close. I Think board would still like to _see plot plan as matter of reco':rd. Suggest ifpossible try to get it in in next day or two so board could have it fo:r consideration. M3:. Hunte:r asked timing situat.:l.on "':'.if e deiayed what. it would mean to you? ; Mrs.' :B;iser '-stated riot pianning to ·:build until next'spring. ,Mr. Hunter stafed'if reserve tonight, donlt meet again "unti.l .4th Tuesday of Novernb,er. Mr:. Pietropaoli sta-eed as "act:Lr:.g legal 'counsel .don I t think board' shouid make decis.ion without information. '~ir: Hunter ~tated will go ,on an4 discuss.anywaY. Mrs. Kiser stated have picture'of house, ranchstyie, will fit in with rest of homes there. (Discussions over drawings'and picture.) loirs ~ Tanger asked ga,rage? Mrs. TIser st,ated might or might not. Mrs. Tang~:r asked planning not to'have garage? Mrs. Kise:r stated not originally• . ,.fJ!..r. Hunts:r stated what ~irs. Tanger- suggest'ing consideration of.garage "in future ought to go as far in one direction as can. Mrs. Kiser stated 'Why first drawing has house' so far' to side~ (More discussions.) Mr. Huntenasked 'other questions from board? Mr. Hunter stated before ask if any questions of anyone. in audience, ,like to come up' and see' sketches ;, provided, as 'to pos::;ib.le location o£ home. General dis';:ussions over ~a~ings• -- " • • .

Mr. Hunter asked anyone wish to go on record as favoring this request? I J::T0,on~ ap~eared. Mr. ~unt:~.r ~sked anyone opposed'? , Mr.' wiJ.i.i~ Bruton, 6'8' GateWay Road, stated' properly backs up to property 'in .question, object'~ecause insufficie~t ~nfo:rmation to make decision. Only way to make decision is to' see how ~~ land will be sloped and house will be related to my property, dxainage, and many other questions. Haven't seen enough,info~atio~.tonightto make decision. Mr. Hunter aSkecfyour horne at higher elevatio,n?;, Mr. Bruton stated yes. ,. :but is, important to me to knoW\lihat going to happen with slope - if itl s tOing to be sharp d:ropoff or what. Also would like 'to know what ,weight objection holds. Mr. Hunter stated board works basically on facts of case as .;j.t sees them, what. it knows :r;rom own knOWledge and anything bro~ght putth!s even~g. 'Mr:'Bruton asked going to have another chance to l~k'at pians before approved by Zoning Board? Mr. Hunter stateo' no. Mr. Bruton asked can make decision based on objections of people who own adjoining p:roperty. Mr. Hunter stated yes. not to say going to, but do' have r.i.ght. .l-irs. Dolor~s Bruton, 'same address, same obj ect.i.6ns •

Mr. Michael S~~ps, 66 GatewaY Road,BX%e stated believe property borders :,property il'l, g:uest.i.on. Stated've:l::Y concerned, bel:L,eve my pJ;operty to north of property, very concerned - think picture is misleading. has • s6i~:is steep bank, ground pretty sandy 'and would.be haro' to get grass I to grow. In order to get house on' property, would have'to make steep cut in bank. Don't believe seen evidence of that pl~n. Erosion of bankt~ ,~ther property: Concerned also; not sure ~equirements'necessary to show cause ~hy'ya~iance phould be granted. H~ve not.seen from application for variance adeqUa-ee just~fica~ion for granting of variance. Like to' reqUest when.additional.informat:i;on' obtaineo' ~' you provide us an Clpportunity to exp:ress out concern. Mr. Hunter stated don I t believe can d~' that.' ·Mr.'Pietro'pa~ii'R stated wO\.1ld ~~ve toadve.i::'tiseagain, under law requires only one public hearing for'variance of this type and natu:re. As service, clerk sends out notices and copy of application :lU4

Zoning Board of Appeals October 22, 1974

.1. to' nearest 'residents. The board'has right to require applicant'tell supply board with infor.mat~on the board feels it needs'to ,make an "intelligent "decision~ , . As attorney for town, would advi.se board they should not make decision based on this kind of information'until'addi- tiqnal documentation: and plot plan are provided. Those dooumentia are 'm~ters of public record and are on fil~ with'secretary'of board in office~ yo~ I her If come in, you can look at them. Only one -publ'ic hearing is required under the law. '. Hr.' Skeps asked by next meeting will dEilcision already have been'made: !4r~ Hunter stated'not :Likely. Mr:- pj,etropaoli' stated'very' unlj,kel:Y: decision 'will he made on'the e , ,application this evening.' can't speak for board, ~on' t vote ~ Mr. Skeps stated as resident'and conc~rned peopertY,owne~ in this matter, ask board not to"consider this matter, un~ilwe" ve had an'"opportunity 'to View What they propose especially in the regard in the area of what . 'sould be'effect of property on 'the surrounding area. "Surrounding area 'shOUld be studied pr~or to grartting'this 'variance. '

.Mr. Ralph "Smith,' 54 Brasser Drive, stated have 'strong objection to 'setback to"street. When moved out here wasn't street there at all. This lot never layed ant 'properly fOr a house that's why never "built on> Bllilder 'himself'went out and staked out. His'daughter, after every hOuse was compleee on street, decid~d~she wanted to 'iive there. He found it couldn't "be done. Irrthe whole neighborhooddon't see one house sitting out on street. Don't' go anyplace else' in Chili and see one sitting that close to 'street. ~~. Hunter'asked'di~ectionof 'your house from property in question? }1r. Smith stated to the south; Mrs. Smith stated same addre~s, same objections. , : Mrs. Ruth Abbazia, 49'Brasser Drive, stated have objections.' 'Built I house on circle, complied with all restrictions at the time~ Couldn't put garage"next: ,to 'each other because of zoning 'law.' Don't~keep car out and'don't'11ke seeing cars,'out"in driveways.Object'to house so Close to' street'~' " ,,,

'Mr. Edward Barnhart, 48 Brasser Drive, 'stated thinks would be :lot better if house and driveway'were on' same side as the rest of homes on'street. Mr; palermo'asked'reason plan couldn't be flipped over? Mrs: Kiser stated no; ,

'-Mr~ Steele asked cost of house? Mr. Kiser stated approx£mately $40,000, , but because of amount of work doing 'on own and no garage 'approximately $30,000.

DECISION: Reserved pending receipt of a plot pian and' some indication of" cutting plan of 'bank' on :the bacRof t11e iot.

. 'Appiicatibn'of Sun 'Oil company, 760 Brooks 'Avenue, RdcLiester, New York ,for approval of 'varj.ance to erect'fre'e-standing sign .'largerthan allo-Wed under~zoning'Ord:i.Uance,approximately'44 sq. • f.e,. in size,' at 3215 Ch:j.1i Avenue. "C-2; " I . •. . r Mf':'Hunter 'asked anyone representing sun Oil? Mr~ llich Ciachetto, appeared anq stated met with board'at last"meeting to move sign to western side.' Would 'now ilke additional sign on opposite side of property. g,rs: Td.nger' aSkM'so ,QOuld' see from both directions? Mr. Ciache~~o statea coverea by;trees protrudingso not visible' in other direction. Put hete to allow petter visibility. Mr. Hunter 'asked what 1f turned'down? Mr. Ciachetto stated granted original request. 205

Zoning Boa rd of Appeals October 22, 1974

Mr. Hunter Stated ot:(1er free';'standing signs, in 'town coming down'; acco".rding to new zoning" laws_, only' one free-stap¢!ing 'sign allowed per service station. Mrs. Chapman asked how many hours' illuminated'? Mr. Ciachetto stated have new dealer .in location November 1. Summe~ hours 7 - 9. six days a week, Winter hours 6 - 9. Mrs. Tanger asked why don't do study for one sign in best location'? Mr. Ciachetto stated before asked to make application. sure it was studied and this I their decision. Mr. steele asked same as other sign? Mr. Ciachetto stated yes. {

e Mr. Hunter asked anyone wish to speak in favor or 'opposition and no \ one appeared.

DECISION: Reserved pending receipt of comments from MCDP.

4. Application of Lester Chisholm. 82 Gilbert'streeti Leroy, New York ;for approval of::variance to erect modular" 3 bedroom home with basement, 1034 sq. ft. in size, on lot approximately 125 ft. by 274 ft•• located at 482 Stottle Road. RA-20. I . Mr. and !lirs. Chisholm came-, forward.MrM Hunter stated was, having diffiCUlty finding parcel on st'ottle Road, thought it ....ras somewhere near the power lines. Mr. Chisholm stated nprth of power lines. M.r. Hunter stated fairly wide open.~ll arpund. as recall. Mr. Chisholm stated yes. Mr. Hunter stated in agr~cultu.ral zone by new code, and has fairly large requirements in terms of side line, etc. You Pro- posing three-bedroom home, 1000 sq. ft. ,problem in undersized for zone. (General discussion.) Lot talking about 125 ft. wide by 250 I ft., 'deep. Mr.' Hunter askea'approved subdivision? Mr. Chisholm stated yes. Mr. Pietropao~i "asked who bought house from. '~tt. Chisholm stated'Rochester Real Estate. Mr. Pietropaoli asked who oWned? Mrs. Chisholm stated Mrs. Marchese. (General Discussions.) Mr. Hunter a aked anything in way of plot plan to show ~ how would locate on lot? Mr. Chisholm stated no. 1'lx'. Hunter asked 44 ft. by 24 ft., single story home? 'Mr. Chisholm stated yes. Mr. Hunter. asked in terins of locating on lot, any idea where' would put it? 11r. Chisholm stated yes. (Discussions over drawing.) 14r. Hunter stated 60" ft. setback ask~d pl~nning garage? ,~ir. Chisholm stated yes. Mr. Hunter asked' attached garage? Mr. Chisholm stated no. }1r. 'Hunter asked sePfra~e garage? bIr. Chisholm stated yes. Mr. Pietropaoli asked two sections - front and back? Mr. Chisholm stated yes.

Mr. Hunter asked anyone wish to 'speak in favor and no one appeared. ttt.Hunter asked 'anyone wish to speak in opposition? -Mr. Gerald Hendrickson, 480 Stottle Road, appeared, stated drilling for good ( watercould be problem in area. Some homes have gobd water others don't. Should looJe into situation. t • DECISION: Granted, the board stFongly urges th~t ,the ·setback of home be in line" with the other homes in area and also asks ,that I they keep in mind when building' foundation that' house with a garage should be ce!ntered on the lot. Vote: Robert Hunter aYe,' Janice Chapman aye, Gertrude Tanger aye, John Palermo aye, Carle Mullaney aye. Ray Steele ·abstained. Gerald DeGraff aye.

Robert Hunter Chairman

de 206

ZONI NG BOARD OF APPEALS November 26; 1914

A Meetl~g of the Zoning Board of Appeal~ of the Town of Chili was he rd ,I nthe, Ch i I j Adm j n i strat i on Off j C.f;';S,' '3,235. Gh l l I: Avenue Ro ch e s te r , New' York 14'6.2'4, on Novej]Jber '26.,' 1·9j4'. The Meeti n'g, was ca l'I'e'd .to o'rder by. the Chai"rman,' Mr. Hunter, at 8';00 P.M"'. ''

"Pre s e nt-e Robert Hu nt-e r j : ella l-rrnan Jallice Chap'1tlan ,Gert'rude Tanqe r-' ,I , Jo'hn Pa 1e rmo _ ,; o Ca r I er Mu I lan ey I Gera 1d' DeGra ff Absent: Ray STeele' e Alsb Present; Patrick J. Pietropaol I, Town Attorney Alfred J. Heilman, Deputy Town Attorney R., Thoma.s Ward, As st , B,uj l d.i nq Inspector

Mr. He l-l man ,stated ,appJ t ca t t on s. ha ve been p u.blIshe d in:,the paper duly e u'thc rl z ad by the Town Board for such' pubi.lcatl on s 'an'd, 'a lso have' been post,e,d,on the bu l te-r t n board an d affidavits are on file with the cler'k to. that effect. \

I. Appl lca t l on of Ellen C. GoerTz;, 140,0 Scottsvi lie Road, Rochester, N., Y. for ap p r-ova I 'of va r t an ce to, er-ec t sI9n,:.30" x' 14'f on roof of bu i·) d In.g advert i s,i ~ 9 resta ur ent"non - (I lum i.nat,e,d, .l o'caje d at J 4.0.° !,cqttsvi I Ie Roa d. C-Z:,

No o ne appe e r-ed when ap p l t ca-t l on ca I Led • Cal Led ~'gain at' end' of ~genda and ~o one appea~ed.'

DEC'[ S I'ON:' Den jed ....

Z.' App l lcar.l on of E."Ha,rvey Rose, ,Jenkins· Re,al.ty" .l nc ,.; J. :Monrpe, ~venu~, ~ochester, ap~~oval ~o.erect I N. Y. for real estate sign approx. 4' x 8' in ;sizeo,n P[Oper:ty Iq'cated"at,'38.6I'Chili Av'enue. MR.

Mr. Rose' appeared; Mr:". Hunter statea as understand' ne~ code, sign' I i'k-e this nor-ma l Iy 'restr'icted to 5, sq.' ft. which -I s maybe one, o.fthe r'ees on s her·e' this, e-ve n l-n q ,. Car-e·to tell,' sit-uation? Mr.- Rose' ,stated -piece of, property con cer-ne d .Seml er p r-op e r fy. onn.orth. si de of CIiU h 4}, :8C res. Pr e s.en "1'1 Y' .zo.ne d fp r .8 pa rtme nt·s> .con dam i n] urns j , town hou se s. Small sIgns; :dpe,snft think a.dequ.a.te, .no t on 4.7 'e c r-e p i e ce ; Property I ies across from,owner's home. No other homes in immediate vi~i.nity. Mr. Hunter a s ke'd is ·this s I nq l e or do u b le f e c e d sI q n ? Mr. Rose stated doesn't 'un de r-s t e no me'a n l nq of 't]uestion .• " Mr. Hun t e r- ask-ed one 's.l ds d that would 'beparell'el to the'ro-ad? M'r. Rosest;;ited one,-s'ided" ye-s. Doesn't think has to, be that way. That is, present plan. Mr. Hunter e sks d tan you tell, wh.af k I rrd. of structure would it 'be, l-oc.a t e d on)' Mr. Rose s.t.ated Z:.x A's. Mr.. Hunter asked what wo ul d be ',height,o,f st.ructu,re,? Mr..Rose st:a:f:ed, somep,l a'<;:e, '8 round, ,8 ft••"1'.0 t~p., ' Mr,' Hunter asked ta.lking·,:abo,ut 4 x 4 .sp a ce from. bo.ttom of the siSUJ,,:to • tile ground? !VIr. Rose stated correcT:" ", ..'

Mr. Hunter asked what period of time do you feel have need for the Si 9n?1 Mr. Rose staTed would' Ij'ke to at le'asT ,July Is't 'a I t'hou:gh l(laY.1J9t be, n ece s s a r-v • It may .b e fhat it l/lo'n't' even be: put up .. , Would l lks to .as k question.,· Have .c l ient that has reque'stee! at the moment would lite, half .ho ur- prel lm t.na r-v .c ha f with the board concern-ing the de ve l opme nf of 'the property. Would I ike, few quesTIons answered and asked me no l ate'r than. last e ve n l n q i't' ,I would. l n q u fr-e as' tei if it was po s sl b l e , " • .'\< ':Ii

~, '=--.;-- ~~:".- .... {lates-NEWS.Chili 1269 CHiLl AVENUE • ROCHESTER, NEW YORK 14624 e- --='~ ..

rr

.,.~--- DATE: v..ttitA.b.I!,.tr..._.?:/~J:J1Y No -~ ...;;

THIS IS TO CERTiFY THAT THE ATTACHED LEGAL NOTICE(S) WERE PUBLISHED IN THE .. GATES-CH ILl NEWS lssu.(" l)utpd .,.. ., . lY,u .\!!.~ .~ ~~ bJ !~.~r: _.

rf~ ~ S~ith" NORAK~liI­ . Patricia..M. iri+. ",l Yt:" ...... Notz.r~J PublicI State ofif.{"Monroe Cor Publisher ~ r:J} }(ltC" t..~y Commission upires March 30, 19.~ ··-.-94··

ZONING BOARD OF APJ?EALS A Public Hearingwll1be held by the Zoning Board' of Appeals of the Town of Chfll on Novem- ber 26, 1974 at 8:00 P.M. lnthe Chili Administration Offices, 3235 Chili Avenue, Rochester, N.Y. 14624 to consider the fol- lowing applications: 1. Application of Ellen C. Goeltz, 1460 Scottsville Road ' Rochester,, N.Y. lor approval of variance to erect sign, '30~ x 14' on roof of building adver- tising restaurant, non-illum- inated, located at 1400 Scotts- vflle Road. C-2. 2. .t\pplication of E. Harvey Rose, Jenkins Realty, Inc., 2 Monroe Avenue, Rochester, N. Y. for approval to erect real estate sign approx. 4'· x 8' in size on property 10catedat3861 Chili Avenue. MR. 3. Application of'Guy-Bern Builders, 201 Angelus Drive, Rochester, N.Y. for approval of variance to erect home on undersized lot, 50' x 179', with 40 ft. front setback, 5 ft. on each side, located at '733 Mar- shall Road:R-I-12. 4. Application of Guy - Bern Builders, 201 Angelus Drive, Rochester, N.Y. for approval of variance to erect home oJ} - _ undersized lot being 85' x 255', located at_416,p'auL~9ad._R-I--_ 15. 5. Application of AIdo LePore, 234 Fisher Road, Rochester, N. Y. for approval of variance to erect 5e' x 43' butldlng, con- crete block and brick front with 63' front setback, 14' on west side, 17' on east side, 6' from rear lot line on 90' x 114.64 lot at 3218 Chili Avenue. C-2.- 6.~atlo~-!itfi.aymo!ld als: ig, -:~JO Yii~ ~~d,. Rochester, N. Y:' tar" approval of variance to erect carport approx, 12' x 20' on side of existing garage, 2 ft. -from 'rear lot line- on property' located at 290 Paul Road. R- 1-15. 7. Application of P-D Service, Inc., Pavilion, N.Y., for appro- val of variance to erect sign 4' x 6' double-faced, mounted on 4" diameter pipe 10 ft. high and sign on face of building on property at 1525 Soottsville Road. F-2. All interested parties are requested to be present. By order of the Chairman of the Zoning Board of Appeals. ROBERT HUNTER Chairman 207~

Zonj~g Board of Appeals November 26, l~i4

Mr. Pietropaoli stated that ~ould b~ pr~nnjng Bo~rd. Mr. Ros& asked would' that ha ve 'to 'be at l e'qa L'mee t l nq or before? :Mr. -Pf et r-op ao l I: sta~edprobabJy before. Coul~' make )nformal Epp[Icatlon wl~h Mrs; Luedke to. come ion after forma r 'agen'da and discuss: Mr. He l lme n stated meeTs second· Tue s davs- at 8:00. '; '

Mr. Rose aske.d i3nyt·hing· further would I i'ke·to know abo.ut the s,ign? Mrs e- Tanger: asked going to. t.ake. down small signs and, just ha ve the l ar-q e . one:? Mr. Rose stated in :that case, ye's. Mr. He l l.rnan asked not i I 1~~lnated? Mr. Rose stated no. Mr. Hei Ima'n ffsked just painted? I Mr. Rose stated that -ls. 'correct. Mr., Pi etr-o.pa 0' , l asked '111,1 I be· professionally ·done? ·Mr. Rose stated' ye,s. I Mr. Hunter asked how far from the property' I j'n:e? ·Mr. Rose',stat.ed e would' I Ike. as close; to the highway, and -s r I II' be, r~ga'f. Mr. Hun t e r stated thinks, 15 ft. acco~dlng to Rresent code~ . Jr. .~ Mr. Palermo a's ke d say wont have need for, the sign'af.ter July? Mr. Ro sevst-e t ed hard to. say •. l.f do n "f sell -pr o per f y wou l dvsf l! I 'f Ike a renewal 'at that,pQi:nt., Doesn t ·1" think It w i l! end,.that' way but no way of answering that question.

Mr. Hunter a s ke d if anyone wished to s pea k j'nfavor or .opposition to the application. Mr .• W·II/.iam Wilc'ox', stuart Road stated would like TO. know I9xactly\~hen put up' 6ign, think people' know when I wa s. on Conser- vation Board o p po s ed all sl qn s, Would l Ike t:o put up sign like t h ls , would' [ike,to know exac.t[y·how long going tobs- up a n d how f.ar from the [at ~ ine. ',Not from the' street but ~ide Ib~ I ina. Mr. Hunter stated f h l nxs 'discr.etl·onary· items for the board and s ur-e.v l f It is granted' theri9 ''III r I' be s f Lp u l a'f Lon s along these I rne s . In any event, current code cal f.-s· ,for. removal 'ofa I [fre;e'-stand i ng: signs -excepr service s t e r l-on s , ,within ·three years :from -t he adopti.on of' the' co de., Mr'. . I'll l cox stated says· 6'mohths' at first, or 7 :Jnont'hs.' Then just r:ides. six months, .rh e n another six months, doesn't se l I: 'and anc-the r- six months passes, by .• Th.l n ks: sh-ould' be', de fl n l t e time f.or the, sign.' Mr. Hunter I stated .wouId g ue s s board. ;~ou'Id' .sti p ul a-t-e time,. In doing, that if that ti me exceed~d wo ul-dvb e requ i r-ed to come back and. make anoti:ler:' ap.p I icat i on -I f w.a-nte-ct to have sl qn up e n d boa r-d wou l d-vh a ve .t o. decide if wi I ling' to continue. 'Assure Will' be, co nr r-o l led , 'Mr. WilcO,x stated wonders,' if -con tr-o lIed o,r no-f .. - Be e n 5 I gns around town In p asr . no tvs I n·ce new th1~g went through that stayed up longer than 5hould wltho~t coming to t~e Zoning Board. Mr. Hunter 'stated understand not registerin~ objei::tlon,raising quesr t on about the 'r l me . Mr. Wi l cox stated raising qUestion. . I

D/:CISION: Grahted unanimously through July ·/,19'75. -Lo'ca t e d under direction of Bui Idlng In~pBctor. Sma! I signs to ba removed.

3: Ap p l lcatj on o f Guy-Bern B,uilders, 20.1. Ange.lu's Drive, Ro c he sje r , N. Y. for approval of varIance to erect home on' undersized .Iot,_ 50' x 179'" with 40 ft. front setback, 5 ·ft. on each side, iIo:cated at 733,.'Marslud I Road. R'-1~12",

Mr.: Frank IBbovangela~ Attor~ey,'appeared representing applicant and Toper-Con-struction, p r-es ent own e r- of propeirty.' WbuiCl' /iketo say this is Mar sh a l ! Road.1 Reap p l icat i on , .Toper.made app ll'cat lon two years ·a·go to. build on this'properTy a nd denied the right t,o build:on ,It. No • reason g:1 ve n for :the den i a I but ,si nee that: time' To pe r has attempted to purchase property adjacent to this pa r.t IcuI er- .lo'r . Unable to do 'so I and has been une b l e r f-o- me.r-kef this p r o per-f v ro r- b u Ll d i on it and at this. r ime have p r-o s pe c't t ve purcha,ser,which is Guy-Ber:n Bu ll de r s and would like to poiint out that this p ar-t l cuI'ar- lOT was purchased b y Toper some time ago, and Toper ha.s own e.d s orne 5 ye e r s vrrow and during f na-r time h.as bee n un ab le to sel·1 for res i d'ent i-al prr pc s e s ;". Th·at Is wha·t zoned for. Unable to b~iJd house on it b~ application two years ~go so indication 20~

Zoning Board: of Appeals No ve mbe'r 26., 19'7.4"

that because .of the time e l ap se d and f a cf that required to p'ayfaxes on this property that there is ha"rdshfp l n vnot allowing them to ' market this property or t,o allow to build house on it'; Ap p lLc er l on : f h.i.s evening to'all'ow Guy-Bern Builders to b u.l l d house with rhe required variance in this district.

Mr. Hunter asked -ce n 'you tel r 'us ho.w man yr-l o t s 'in there? l.oo ke d

to me two or three, lOTS in t,hat between hlo home s t f he f exist. Mr. lacovangelo stated doesnrt know exactly ~6w maTIy bu+ krihws there Is at least' one other lot and Mr. Perotta a'ttempted to p u r-cha se tr(at lOT on numerous occasions. Unable to do anything ~ith regards to I purChasing any additional property there. On MarShall Roa d . Represented Mr. Perotta for length of tIme been an attorney, l~ years.' Has attempted in fact to 'acqulare ·th~t property because had this particular 101" 'for 5 .years and had to, pay ·taxes a n d- been'of'no e use. Unable to use property; 'Unable to ~arket. ' Attempted to purchase adjacent property to. know avail.' Made every attempt possible and to, be honest with yciu in ~he last two years •.flrst indication woul,d have purcha~er when BIanchi pu~ 'in purchise offer and offer~ontingent on getting variance to b u.ll dvof th'is lOT. Otherwise unable' tol'do' an~thing with this lOT at al I.

Mr. Pietropaol I' asked was' this sold at tax foreclosure sale~ Mr. lacov.ang-e!o sTa·te:d· thinks, was sold' at' f o r-ec.l o'su r-e sale' an'd'bought at Tax sale', Made app! l~atlon'some two years ago which was d~nied and una b l e to. do anyth.ing with this property at al l. Unless this' board grantes variance for construction on this l o'f just going: to- have to hang onto this I of and pay taxes and, dO"'nothing.· Thl n k s- hardship he're and unfortunate that the lot ha pp e ns ·to: be l ocate d an d the size, It is bu.t under previous ordinance zo.ne d an d. sold' t'his way' at foreclosure sale'. Bonafide purchaser. Made every, attempt t,o·"d'o something with' it •. Since owned for some 'years arrd unab l e to. market or, b u.l Id' on it, .c l ea r l v 'Time has, s hcwn hardship· involved.

Mr', Hunter asked' who owns adjacenT property? Mr. lacovangelo'stated no idea. Mr. Hunter stated a p p l Lc a t.l on .l nd l c at e'd 40.'ft,.: front setback I and.5 ft'. on either side •. Real ['1 t<'llk'ing' abour variance In te·rms of' area~ width, ~etback and two side I ines; Everything except rear. M~ l accvanqe lo-. stated this came under very cl d xon lng o r-dl nence and of course new ordinance quiTe up~dated and varies substantially from new ordinance, .bu't· properf.y.· .. Mr. Hunter stated' plan you~ave•.notice home vdo e s incorporate s l nq l.e: car gara·ge. :Mr: i eco va nqe l o s'tafed yes. iT doe s . Mr. Hunter asked Wi'liproposed construction mee't code in every other way? Mr. !acovangelo staTed Mr. Bianchi has be.sn bui Iding in the Town of Chi II' for some years and has had no, problem. Knows that BUilding In&pector and those connected with the 8uil~i~g D~part­ ment in the Town know Mr. Bianchi has ve~y hIgh credentials as far as construction In this town. Sure that the house that would be constructed wouiti have to be of slzg to co'form to' the lOT ~~d to every aspe~t,~f the code.

Mrs. Tanger asked co u l d you tel r me of.ficerso·f Guy-Bern? Mr. lIaco- ve noe l o stated Bernard Bianchi and Guido Bl.anchi and, Guy-Bern Builders just their first names.·together. 'Both developers, and bui l der s.ran d. bean l nvo I ved 'in b u.ll d l nq in the Town of Chi I i'"and Gates 'for'some time and as 'far as l 'know, doesn't be Lleve any .pr-ob l ems at' a I r: with construction the'y ·have had. Mr. Pale'rmo'asked on

Zoninb Board of 'Appeals'

Mr. Hunter a s k s d- do you know which horne this:' wou I d b~ a d je ce nf to? Mr., l a covan qe l o stated home would be: on -fh e 'nbrth s l ds s ov t he t garage woui d be.i ro the' vacant side. ' Mr.' Hunter asked e x l s fI n q home would', be north of this, home? Mr. l a covan qe l c stated right.' Mr. Hunter asked c l ose s r to ,Chili? Mr. l a co ve nqe l o stated right, ,that garage

would' be vc lose s t s to the 'Jot l ln e r t'o the: south'.' Disfanc,e' (don'lt ~ave. Mr.:~alermo asked do you know what' lOT siz~ is adja~en~ t6 this, lo'-t',that, tri.ed to p ur-chas e? "Mr. l a ccvanqe l o state,d' large'area. Doe.sh" } know Hone lot., ,Mr. Fa,[er-mo a s k e d one' or whole thing? : Mr. lacoya'n~elo s'tated attemptfld, one ,107,'or whol e thing,. In' area I that coul d p r-ob a'b l.ybe re'zQ,ne'd or maybe', in de ve f'opment'a I 's"rage and wha:tis there: would' only' p r-obabl v be: en o uqh to' put inr6adwa'y:~t b~st be~ause if, there ari two !bts~nd doesntt lOok like there are twol,,,loT? Vaca n f prope'rty., "At most 10'0 'ft. adjacent and if de vel op! under present' cope if w..ould p u'r ro'adw'ay in would' need 6'0 .r t ,' p l us 20', ft., for easements p er-ha ps o-n'one'si"de 'or the, o rhe r which ' • wou ld be: a,bout SP:ft.; an d, haj-d pressed' to sel I' 'off' Z0, .f f, to: Mr., Perotta ;3n,d reJ u-ctant ,to do thatl so looks, to' be, one l'o'f but perhaps could be, at most' [0'0, ft. and if it were, whoever owns the adjacent backlantl ~ertainly' wouldn'T,release any part or that loa ~t. frontage even if'twolots. Be c k I an d undeveloped an d rea:1 i'stically s peak ln q, whoever owns a d j ace nt property wouldn't release 'it. Mr. Palermo: ' stated if, ,la'nd developed 'an,droadway went thrpugh lOT' next door, this 'wo ul d' be, corner house.' Mr. l a co v an qe l o' stated 'corner house and in worse -dff'fl'cult' as' 'far as zoning ord'inancb goes. 'Mr. f Mullaney asked I s that I and, there"olme'd by: .schoo l board'?' Mr. Pa lermo stated down: f a r f her, " " J, ' " "

Mr. Piie,tiro;paoJ l: 's'tated knows in once before. Anyt'h i ng new ab o.uf applic~~ion ~o~or are you 'aware of th~ ~~evious app) Icitionl Mr. lacovangel~ stated appeared at previous appl ication en~ deni~1 without r-ee sonsv Mr. Pietropaol j' asked p l'en present·ing fbnlght, .doe s that change, 'anything f r om what was 'in before,,? Ho'use s Lze ,changed or anything of :that nature?: Mr. l a'co v an qe l o s,tated really same application. I Mr. Pietropao[istated re'-h",aring of' what was' here"be,fore. Mr.'" lacov,8,n gelo' statE:d except two yea,:rs laTer, no f u r-f he r' ah e a d with the prop,erty than 'at thai: time. "

Mr. Hun~eria:sk:e,d if anvone wished: to 's,peak 'in' /avor.6r ,oPJ?osit)on to fhis app l lce t t on. ,Mrs. Carol DeKrame r, ZZ,Benedlct Dr'i'Ve,sTated Mr. l a cova n qe l o' e nd the' Bo a r-d -su re. aware 'that' three years"ago, husband an d "! 'stood' here 'and 'opposed thIs m'easure 'That yo'u would ll ke to see passed 'tonight. This bor-der-s 'on' our pr-op.e r-r'v, Under-s,ize,d JOT. Toper p u r-chas ad t'h'is, th'r-ee years a qo , kne,,,.,,: it was undersl'zed a nd- sti I lvp u r-chas ed itt 5, ,years ago Husband and I '"ant to. .buv pr-o pe r-rv , when up for taxes and couldn'~ overbid Toper Cons~ruction. Toper got i"!. Nowe~ide'ntly dtlier people hClVS'., "Samethin'g comi~g up agal,n'.' WIsh' could 'te ke lo'ok' af the l o-r , Don't tell me hardship c as'e be.c a us e sick and 'tires of hea'ring' j't: Live''d there 12",years and in town' 36,1 years, a;nd sic.k ClneI-'tired of riearirig. !2-'.y'earsaig'0 when purchased' pr-op e'rfy had a no ffi er- lOT ad j o l n l ng it',and when ~Ie,took'o'wne,rship of the hou1se,'had 1"0 g'o right in with, the, enTire l ot , Couldn't s e l I that property at i:lli ... That was' undersized lot'bu,t when took owner- ship could not ron~er ~av. anyThing t6 do ,with 'that lot ex~ept say it wa s our 'j awn. 'No\~ wants to b ui I d, Th r-a s y'ears ,ago we came. What e goin~ else do? Every year Is this to happen? These are nei'ghbors: -Doe s n t f know if have Clnything 'To s'ay , Affects me 'and' husband psr-so n a I Iy. "Thought took care of the srtuation three years 'a~o: Doesrilt'u~d~~stand when people buy Qndersiz~d 'property how I they th lnk can' come in and bu.I ld house or whatever ""nie-y wan f to onl t.

r>1rs. Stokes, ZCf.· Bened i ct Dd ve, st afe d when th i s rot went Lip' -for sa Ie

it was a's u n de r s-l z.ed t l o-t and knew "it was;' t.an dvon e a'ch side owned by different people. Fel [ow that bur back 107 adjoins owns approxi- mately ~hree lots. House on one and has two extra. Has fence up and hedge. Other lot owned bV other people. When bo~ght land knew under- sized and, feels if knew then, .sb o u l d' either have 'let it go, passed it 2to'

Zoning Boar.d of.Appeals· Novemb e r. 26.; .1 ;974-

on -arid (e·t go to somebo.dy. th.at rea I Iywanted and c ou I d: do s.ometh i ng.. with that a d j c l n l nq th.eir p rcp e r'ty •. poes'n:'t see.why.sh~urd'.h.avelt?· build on this t or •..AII The loTs.the. .same sl z e, an d th.is,is..u n d e r-sl ze.d and knew it was wh'en··,purchase·d. ., ~ , '. . . . - . Mr.AI Geqvicks, 5Irvi~g, Drive, ·sta.te9 there . .should be pro:-lIslon\ . on Marshall Road for road to come in e n d f l e. into Ben.edict •. Own·,t.,he 1a n d. adjacent to that:. Doe s n rt" know .who. own.s·i nback..bu.t t.here, s houl d be'. provis.ion for a road otherwise .to tie .into 25>·acres,,1 have which ~ven~ual sUb~ivisipn ne~d outle~ Ma~shal I would lyb. a and itwil)' .an to I Otherwise Benedict Drjv.e ex'te n s lon w.i.Il 'be: d ea d e n dv an d .no pl ace to go. Wi [ I' 'be b.etter p I an i.n t~e., town 'aod l.n that. genera I. _a rea to have.an outlet. tp·Marshall.· Better .p l en f.o r .l o'rs., 'hOUS~S and stuff a I lke that. If b u.I l d house and, rthis attorney 'says,would: be u n f e as i b I e' • to have a house on .a· corner .. lot because o-f a roadway,· thinks i'f :they keep it· 10'ng e,nough,.eventual Iy end of Benedict an d in ·back ~hich iF not deve l op e d now and my 25. acres wi II eve nf-uaLl v b e. de veI op e d perhaps not in next year' or two' but certain l v within 10.or IS··years,•.l.f there is-a [at tl1ere.that they own·wh·jch· is 50'f·t as·toey c I al m, cou I dbe sO'1 d ,at p ratty. good 'p r i eEl t,o. somebody: ·that' n e€de,d~g ress to Mars~aJI·to. utili·'Z~. 8111 .fhe.se potential lots. that c ou l d be de vel op ed. Without egress- .to Mar-sha I!' Berie d i ct wil I' .be. dead end· and won '·t. have anyp·lace· to: go out. excePt on A~dabon Terraqe and through t~&~ ~~ea~ 100.% voted to make provisions, t.hatthere is road .to.Marshall ••: Ha d- to. come up with 'fu:rure p l an at previous bo'a r d or adm.irtlst,rat'ion had me d r e x up.· Proposed layo·ut :of complete acre?ge .that ,I h.ave an d O,ne of the stipulations was that I had to a l low roadway to the p r-ope r tv that extends beyond Benedict and road to get into Marsha'JI' Road. Because for reasons a~ just stated, wou·ld· make be~ter subdivi.s.ion l av c-ur than 'jusTI dead end ..every.thir\g r:', Under those.con?·iderajtlonp" v o l cl nq- obj:e.ction to' a l J'Owing b u.l-l.dl n q .or ho.us e on ·t~at p rop e r f v " un l es s there Is ai p r-ov l sion f.or a r oe t s t l p u-lete d ; lvIr'. Hurrte r- asked ever ati-empte.e! to bpy that. property vc-ur-se I f? Mr. ,Ge·rwicks. s.ta fe d I hav-e no.f attemp:ted ,to b'uV and: doesn,,'.t. ;want· to h e'c au s a' does nt r i fitend to develop a·ny moreth.an I have •. Be e n- .d eve l op l nq for..25. ye·arB. b e'c au s e have no- nee d for. i.t and don't want)t -. Have ta'lk:ed to de ve.l op er; andl builder and think have bo.ught property at· e n d of Marshatl ... MyJand not for sale yet. Not go)ng to lIve forever and someday ~ifl' be s o l drto s omeb o.dv ·that wil·1 develop: it a n-d wl l.l: 'be .sjUbd.ivisi.on. and. best s ub d l vl s lon 'on ,·the. west. side. of .ci.ty e n dv..l n Oh ll I an-d that. lan d 1'1 i 11' be de ve lope d arid- made 'into, be'aut l fu I 'subdivision b uf can not- bo'tch that 'up and have one' or two outIe:j:s i'nTo a s ub d.i v l.s l on .~or . .that ,reason. Th i n k s. s ho.u I d put s fl p u 1at',l ons where c an h a ve: pO '.ft.• r-l gh·t-of.-~Iay .

into.undeve.lioped ·Iand·and· h l s j l o-t , doesn'tthin.k wl l lvLocse vmonev if hang'ont,o; it beca us e' s omebodvw l II' b uv vf o r roadwa·y. I'"

" ' Mr. Stokes, ZO. ·:Benedic·t 'aske d h ave GUY:iBern offered this :lot .to DeKramers or .Allessi? Kave t-hey offered it to .them? IVlr. laco:vangelo' ,stated, doesn1t knQvr.. Lo't·.has be;en ·for safe·.for: s:orne ·time.· Adventised for two years and no. ca,ll's' on..Jt a;s far 'as I know •. ·Doesn't,k:now if DeKremer's have made .offer to Top·er.. Mrs..' DeKllBmer st-.ated ,we. b i.d on the property.', Toper cons,t,ruction kne-w we' wani:ed it and.. overbid us so' i f any ,thought that vla'nted :us to.ge,t property.,··a II Theyha·.d to do was appr.o.ach .us and th'ey ·never have. Mr. lacovangelo' st"lte:d no . knowle'dge of it, wasn't there. . j , '"

DECIS'!ON: Denied unan,i-mou,s,]y', Hars'hip self-imposed in' tha't .knew I;ot 'was , under.s i.-zed .,hen· purchased. Insu·ffici.~n.t evidence, • , presented that'attempts.·we re mad.e to. s~ [I. LO.T.or ,to. pu rcha'se a'GIditiona,I' 'land to,cQ.mply wi·th· zc:ining"requirement,s.· I 4. Application of G~y-Bern aui Id~rs, ZQ~ Angelus Drive, Rochester, .~. Y. for approval of varian~e to erect hqme on und~rslzgd . lot be:ing' 85 ift. x·25:5 ft.,' Io'cated OJ"!' .4['6 PaUl. Road. R-:I-l't.5. 1 211·

Nove mb e.r 26:,'· 197,4'

Mr. ~a§lb!\tn~~1p stated repr.e.sentr ng both Toper and, Guy-Bern' Bu riders.' AgqMe 6\1i

application ·and·this 'is jus-t'-slight v e r l an ce , Actual 's l z e i o f the lOT I pretty .. Ia·rge in depth..:.Width:only ·that isprobl.em and··at that no-r as big a p r-ob lam as, -the IqT on Marshall·Road. ·Th·e·hollse as you can s ee vw l l Ivbe fairly··good-s··ize.d home. 12:ft. on o nev s I de , .. l lvon the e other. ·60 ·.ft. setback wh l.ch wi I J' conform to the code and, th inks j us r side lOT that required va r t e nce , : Mr. Hei l rna n vs t a t e d mean f r'o nf aqe , Mr.; l a co van qe l o: stated yes.

Mr. Hun t er- state.d actually ·9d.'.ft; required; S'ft. short. ~gain,'.in.

f h l a t c ase , home w.0uld"be. adjacen-t to home to the east·. Home at 414'. Th t s.vl s. stated·at· 41:6·. Mr. l acov an qe l o:..stated right, .there is a home adjacent on the ·east side. Mr .. Hu~ter asked can~you tel)' what. 'distance wr-I I be. between ·two bl:l.flJ:j'ing·s?· Mr.: l acova n qe l o' stated doesn't know,· .if homes.~on~orms to ~he ~ode or not.: Mr. HUnter stated appreciates no s t de variance being asked for but interested in ,total situation. Any other .questions· lrom the bo~rd?

Mr •.. Heilman shte.d if this is It-J-[S·,should··be· 90.·ft. width, request for 5 ft.· variance. Mr. Hunter. stated actuall.y in ,terf\ls, of.area,. quite'a bit .in e~cess of the,minimum. Goodsiz.d loT•. Gar~ge,on:. the le'ft from the r-ca d and, canno't r:smembe'r horne next to. it. Does anyone .remember where? Mr. Mu l lane-v ·st'ated.·garage in 'back •. Detflched. i ~4r.· He lI man ·aske.d. any idea. of ·the.valu·e of the house?- Mr , l accvenqe l o stated probably' ·somewhe:re in the area of' VW.,OO.O.:..$35:~40.,'OO.a.•'. ·Mr·. Hunter stated question on tha .pian. Actually 'Shows single car . I stat~d garage but somebo.dy -w r-ot e. tl'lo' car . Cha nqe ? }1r. l accve nqe I o' "right, .wi I J' e n l ar-qe the. ga,age a n d add to that ..' Mr. Hunter asked shown that way··in plot pla·n·?· tvlr·. Palermo stated yes,· .two car, 20..··ft. incorporated in ho~s~. Mr.,Hunter-stat~d apparently that ~asjc.hqpse with ex t e ns-l or: on ·the garage; 'Mr.· l aco v an qe l o stated seems that pa r-f l cul ar- house co u l d be'enl·arged on ·this:partfcular loi- be.ca u se the. JOT pretty .suDstantial '101'. Good~s·ize:d l o'r , Could actually' hold' two-c:;'lr garage. Mr. Hunter as ke d iwa'te r- and sewe·r$ ·down·there? Mr.. ', Bianchi· stated yes -there is.

Mr. 'Hunter' asked if anyone wished to speak in ·favor or· opposition to. this ep p l lca't l on , Mrs.· Bonnie PiaTt; 41A:Paul Road as ked what is square 'footage' and'why'turned down be.f o r-e? '~1r. He l (man stated might be p r-ev I cu sl v EE' lOT, ..20.;.0.0.0. .sq , ft. al')dl00 'ft.· frontage. When' rezoned to 15,OOD'sq. ft., 90·.·.ft:. wl de , 60 '.ft., l n 'front, 10"on the s Id e s a-nd 40:'.in the rear.' 'Maximum coverage .l s .. 25.%. Mrs.· Pla:tt a ske d how r'ecently' 'changed? Mr.· Hei l man stated Ap r l I. Mrs. PLaTt asked what is square, f oot aqe i ofifh l s home? .Mr , Bianchi stated 1200; Mr. Hunter asked I iving space? Mr. Bianchi stated ye·s • I . .. f • DEClS'l'ON: App r-ove.d unanimously.

• 5. Ap p l lcatl on of Aida LePore,' 23:4·:Fis.her Road, Rochester, N. Y •. f or- approval 'of: v e r l ance to' erect 59!\ x.:n·.". b ui Iding, concrete I .. b lo'ck and brl ck front with .63 '.. ' front setback, 14' ·ft. on' west si de, IT 'ft . on 'east side, 6:'ft.' from rea·f-· lOT ·1 in e on 90.' x 1 '·4'.:64 :1 ot at 3'2.1'.8 -Chiii Aven ue , C-2.'· Co r r-ecf-e d to 59 r', x 4 L r building with 6S·'ft. setback. I 21~-

Zonr~g Board pf Appeals'

Mr.' LePore appeared. Stated las~ time I ~a~ here',kind of ~old' 6ul I&ing h':ld"to,b~:onlyfor'one purpos~;:'At timewant,ed to,'puT'wp two st6res.' Changed It and wan~ to Use wholw bui Iding for on&'~nrpose andl~isb went ba~k.to-keep mo~e fe.t from the,~o~dj Mr. Hunter stated, gueis have o rl q I na l 'plan",s':lm~? Mr. LePore stated ye,s but building liTtle smaller and go ba.ck. 2 .rr . more from the'j-oad. 'Mr. Pietropaoli,'asked had varian~e granted, in 196a~n~ didn't do anythJhg'~it~ ft1 Mr. LePore 'stated told had to go up t6theproperty,,!'i,ne' il'1"bad(but 'w~nte~ fe~t back~ ,~r. Plet~opaoli:st~ted d~ an~+hing I a few In didn't wlth'lt and'came'back In 19~a 'with modifIed plan for tWo stores'and' reserved decision to go back to o~iginal' plan of 01'1'& stor~. No~ ba,ck,wi~h dlne s f o r-e ; Mr. lePore stated yes and, cUf:bu,iiding:s~he', ... down. Mr. Hunter stated in ~eantime:~dopted new code with' new" ~ regulations concerning comme r-c l a l 'build'lng,s'.' Don't know no'w f am l l I'a r- you are with it. ',

Mr. LePore stated now 65 ft., from"'loT'line to bu.l l dl nq . Mr. Hunter 1 stated"bujliJ'ing 59 ', x .43,l'? Mr. Pa l e'rmo asked inSTead of 6 ft. from rear lOT li'ne'WOUld'oe.4?" Mrs. Chapmanl.stated makes fOS'ft. arid I:ot

90,.x 11'4., 14r. Pietropao', i' asked is 'it vour- intention to bou se t you r: busjn~ss in this ~la~e? Mr. LePo~e:stated right, ~5 ft:from the lOT I ine. Mr. Huhter e ske d sti 1"1 Tililk'ing 6 'ft.' back here? MR. LePore stated yes but, building a little sma ller- because gafned a little" more for the front. ~r. Hunter st~+ed side J ine' I~:ft. and 11~ft. Actual l y those on diagonal so really isn't 17'ft. Mr. PietropaoI t: asked Shoppi~g ce~te~ back'here? 'M~. LePor~ st~ted no:north~ist.·~ Mr. Pietropaoli asked what is right behind you? Mr. L~"Pore,stated believes property'be.longs to Perna."Mr. Pietropaoli' aSKed:then ,I beyond their property is where shopping center is? Mr. LeiPore stated right. Buildingor-igj'naIlY'·,5g'x'.43."Now made 59 .x 41. Now have 65, foot fro~ta'ge. lVlr.' Hunter stated our notice says ,43 ·ft. So is it 41. Can you te'llabout propose8 use? Mr. Lef'o r-e Stated 'liquor store •• ,. .. , ' . . . , Mr. Huhter asked how abc uf parking? ,'Have you be:en a b le: to deter-mine· \~ay I how much parking space wo'u l d' have? 'Mr. LePo r-e staTed the p l ann e d out have plent~ pa~king. More than I coufd' use: Cou~le d~~& ago ~as l ook l n qva r comme r-c l a l ibu l l dl ng , 'must" have 10'0 cars within an' ho u r , ' Doesn~t get that ~ariy carsl~ threR days., Mr. Palwrmo'askedwhat a~e your provisions, for additional ~arking if increased, bu.sI ne s s P: Mr.: LePorestated,thihg Is' peoplw don't stat haI~ h6ur. Buy wh~t have,

to buy a nd v qo , ,DoR't have that many peo p Lev e xce pf Ghr,istmas"Eve. Mr, Hunte'r'stated thinks. in' terlns 'of parking' present co de-i ca l-lsv f o r-: one car for every 20,0 .sq , ft of space, wou l d ca I I' for abou t 12 .ce r-s. which is what you have on earl i'er p l an c- Wi I i vou be, owner of this, s tc r-e and bperate it?' [\>11". LePore s:rated yes s l r ;' 'Mr., Hunter stated one of the f h l ng-s believes required:is,thatpar'king,areahave,hard surtace.blacktop or e'quivale'nt,put on.' 'YI'ould' that'fiT your p-l an s ? Able to do that? 'Mr. L~Po~e state~ yes air, ~hb[w,thJnglwl[I'be

completerl. Mr. "Hunter, asked what s cb e du Le c wou l d v vou con t emp l a'te if, approved? Mr. l.e Po r-e stateri probablyin.'rhe·:spring-:and probab·ly within a ye'ar woul d be':'done. Mr,. Pe-l ermc asked, ready f or- next Christmas1 [vIr. LePore stated H co u l dvdo it,',t'hat isintehtlon'. ' Mr. Hunter stated believes ap p-l Tcation wou l d have to come be'f'o r-e the e Planning Board if a pp r o ved this e v a n.l n q in vlhjch case' i'h,ey wo u f drb.e. lrrre r es f-e d in con s-t r ucr l on 'and es t he t t cs but maybe, f o r the be'ne fI t of the board and people, 'cou l dv vou describe t vpe o.f bu.lldi np COUld, envision.M'r'. LePORe stai'ed b rl ck 'front ,di-h'blo:ckiS, the, rest:of the bu 11 di l1g'. '~1 r. Hunt e r stafed can crete b loc k , 'S i ng l e 'st'9"ry;' 'f I a't I roof? Mr. LePore sta"i-ed that' is',right.' 'I i II Mrs. Chapman aSked coul& we run through . .dimen~ion&·once more~ Mr. LePore stated 59 .x 4 I.' ' 65ft. tront setbac'k. ' Mr. Pi etropao I l stated amending a p p l Lc at l on ;' 'Says, 59 .x .43', "Mr . LePore stated tha't was ori- ginalapplication. Told',girl,'and,gave her leTter to c han qe 'to, make 41 'and .65. Bu l ldi nq 59 .x 4f, and'65 setback.' That .l s ..theway wanted it. 213"

ZonIng 8oa~d of Appeals Novemb~r 26, /914 ,,'I .

Mr. Hunter: stat-e.d thinks s hou l d be. noted for the r ecor d ,that those dimensions, not rec·fangular bu:ild'ing., .50 .ft , pe r a l lel 'to the real lot"l ine and 41ft: parallel to'the side ,I in'e. ,'

Mr. He l l nren' stafed-'take it'as far a~ 'site plan .a pp r-ova l bef~·r.e pianning Sdard and hours of op e r-ar l'on r;egulated by 'State.Si,gns',would be,' ,

this board. 'Mr. LePore: asked 'would you have to have i d l f te r-errt appli- cation for the sign? Mr , HuritersTated if you know .what it is and" could' ghle specifications; co u l d amend .epp l lcat l.. on. Mr. LePore state.d have brand new sign in ga'rage, 'thinks 4', x '6'. l l lum l n e-te d , plastic I and aluminum. , Mr-, Hunter asked free-standing sign? Mr. LePore stated r1'ght, .as 'c,Jose as, pos sl b l e t,o, the :road.' Mr. Hunt e risf-a.f e'd ' another ~robr~m In that free-standirig signs' not permitted with ~ e few excepr l on s • ~r. PietTopaoli stated',and alfha,ve to be, down by, Apr! 1,'19'7,7.' Mr. Le Po re 'staTed th~n forget Th'e sign. Mr", Hunter asked then want to think abo,ut1ncorporating sign'on the building? Mr. LePore stated have one on top of bul ldlng ~ow and that woul~ be sufficient. Mr. Hunter stated be'fore you pI an , ought to check the code. , Doesn't be.l l e ve s,i,9n" a I l owe d a bov.e The, gUTi;er I lne , ,!v!r. lePorestated t,hen willb'e, l owe r-.• The one on',to,p of the bu.lLd l n q 3'x 8.,

Mr. Hunter asked if, anvone, ,wis,'~ed to s pe a k ',in' f avor- or op pos l t l on to this a p p l Icat t on ;: Mrs.' G'iacamo Pe r na ,:' 84'3, Paul Road, stated our b~ckyard,meets the bi'lc~ of.~ePore .l an d , Had this threr.,.or.~our,times since' carne here and each time, has 'been re t us e d., ,WanTed you to hear, may ,be hLi"rting s ome bo.dy t s feeling'S. ,Would l lkev f o exp.r'e s s f ee l ln qs and Thoughts: in the commercial s.l t ue t t on That ex I st s in Ch l Ll Ce.ater. Ldoking down' Ch'il I Avenua and Pa~1 Road, ~hopping center feel~, bo~~d has b~en lax i~ duty of planning ~nd setting of' varrou~ ~ew businesses.

Tb s re v e r-e c o upl e of businesses: in' trouble'." 8e,in9 sued for not .hav l n.q p ropl3 r setback l:1 n d p:a,rk i n g' 'fa c J I it'i es. A!so a (low ban k, to .have ' variance although happ e ns to, be:' in ,shopping center. Understa:nd Mr. LePore'sfee.li,ng t[1?twouJd probably',go cn, not. failure b u'f s ee mvro bein:favor but had hOped yo~ wo~rd revieW appl icatio~ becaus~, doea I nOT sene' betterment 'of th i s commun i Ty. St! I I' 'have, few, pI ace s in Chin center 'w'here 'itis,'hoped' that 'some big cotnm.ercJal"store will come to' bu'i ld because people' of ch11 i sfi IJ: travel ~o' Ridg~ Road or South Town +0, bu:y'c'lofhing,~, furniture and bihar' needs. Als'o have , en' the General Comme r c l ai 'Dis,trict. C,2 ',that t~e lOT depth, supposed' t-o be 250 ,f~.whJre~s this is' ~upposed' TO b~ .I14 ~n~ a few odd feet. Actua/li will be sitting l nv f he ml dd l e of Tpe road r~ga'r?[ess of , whcit ~r. 'LePor' says that only ~ay be, three' or fo~r'chrs wil [5top to buy at the s arne f l me, ,l-ive o n.i Pa u l Roa d and .ki.tch<3n 'faces Chi ll and wi f l'rlOtice"traffic that, frows Through t'hat parT of the street es p ec l el lv vw he n vt-h e r-e is'fir,e truck,or amb u.l an c e r-un nl n qi up and, down. Have a I)' This i-raffic congestIon 'and sti II 'have,sTores that face rJght onlth~' road; Mrs. Tanger asked what is yo~r property ~6ned? Mrs. Perna stated ours als6 commercial but do have almost three acres of, land'. Ab out 12( '!n ·f~ont p l us 485 fo 550in,the b ac k, '

DEC fSI'O~:: ~pp rov'ep un~n imous I y.

6. 'Appij~'atiO~ of Rayrnon di Bf sl q , 29,6,:-Paul'~'0~'d, Roche'ster,'N. Y. for ap p r ova I 'of va r l an ce to le'rect' carporf ap pr-ox ," 12'~', x 20,.1, on side of:exisfing g~r'age" ~ 'ft , from rear 10'T J I'ne on :property e lo~at~d 2~a Pa~tRoa~. at R-I-15. :' .

Mr. Bisi,g a ppe a r-ed v St?Ted p l an to, build carport,12,x, 20. 'on existing garage' wh lch (~as b u I It in 19[,0 and when properTy, Ylas divide'd up, I \~hich,ori Th~ 'ended up'with 2 .ft. rear lot t t ne 6'jher s i de- Ls commercial. Find needs'r~, ft. ~Iearance ,for'the carport but app[ lyifig for varJance:for'two f eet. ,Mr. Hunter,stated' garag'e back some distance, around 80 .f t . Mr , Sisi 9 staje,d lot. from ce nf er is, 21:4. 'Garage 22 .ft , long. Two feet' from lo't l ln e , 'Mr, Hunter as ke d what would.

, .. -v- • 214

Zoning Board of Appeals

distance be if a l lowed from carport 'lio,'the east'~i'de lot li:ne? Mr.i: Blsi'g"stated wi I (' ba on west of 'th~,darag~ which would be abo~t 45~t. Mr.' Hunter asked garage would' b~ n~~res~ thing to side, where ~;ve ,boat? ~r. Bisig ~tated boa r wi II be: under i:t. Mr. Hunter si]i.'\ted ,, only' Talking e bouf 2 ~ft,. In the rear an.d thai- doesba.ck to 'industrial p r-ope r-rv c- Mr. Sis.ig s t a.ted put po s.ts in for it and cbec k ln q and, though maybe b'ette'r'see it 'need 'bui'Id'ing' permIt which wh,en"c'hecke-d : did need it. Te l ked to·nei.ghbo'rs and had no ob-j.ect lon s.i" Mr.' Hun't'er th~.'b,oat'. I asked intended.use: .f.o r au fomob llet , Mr.' Bis}!3 st,ate'd 'tor'

Mrs. Chapman 'stated betwea'n you and .pa.r k t nc area fO,r Fischer;,,; double. row of tr:e'e's and, space. Mr• .Bisig, stated right,',pin.e,-tr:ees. . e Mr. Hunter asked if a n von s wished to speak in: -favo r- or opp,osi,tio1n·.to th is ap p.l.lcar l on and n6 one, a p'p e a r-e d ;

DEC/SION: Granted unan Imo us'l v, j" . ., 7., A:pplication .of P-D Service, ,Inc., ,P,a,vili'on"N.' Y. '14:5-25., for appr-oval of 'variance to erect sign'4', x 6', doub l'e'

Mr.' W;ltBr F'eley appeared •.Stated reason, for sign out in ~ront> ' moved, from West Henri etta' Road to S90ttsvj I J'e' Road and' f I gu.red wo u I d' be' gOb'd .idea If, cou l d 'put something out fro.nt and have l ook decent fo'r the :Iength bf time. al lowe d . Wi II .ta ke ba.c k .down again.•, Le'ttering • .when first' talk'ed.to Kathy on ,it stated. within·the code andi took' . up.,less le'ttering space than what. Alt'amura ha.ci on .building,.Mr. Hunter stated' what you: have oh it now ..in:.leTter.ing. Talking abo.o r second sig~ with Yal~ Con~t~uction EquIpment. ·M~. Fealsy ~tated _ doub Ie faced si gn, on' 4f', po I e. 'Mr.! Hun te r asked I j'ghtedt Mr.' " Feeley stated yes:,it I s . Mr .. Hunter as ke d internally,'illuminated,? Mr. Feeley 'stated l no', .p l as tl c. faced wl f-b b ul bs . .l nsl de •. Mr. H,u,nter asked what hours of bperatioh would you anti~(p~te jor' II~hT? 'Mr~' I Feeley stated, timer s vsfem., ,Tie. into b u.l Iding s vs t em•. Dusk -ro. I ight. Mr'~ Hunter, asked all,'ni,ghl-? .Tha t Is: a.qa i n sf the .r-u l es 'to.o. Mr. Feefsystated can change that then,. Mr. Hurrte r state.d Think's reads to be' on duri~g.pp~ratjon~p'f b u's l nes s l t s e f f, 'Of course, vo.u h~ve , proba,bly"8-5 b u.s lnes s _don'It yo'u. Mr .• 'Feeley swe.d· right,., Mr. Hunter asked guess sa.Ylng, wou ld liKe someth'ing beyond .tha,t,· w:hat·eiter bbard would'be Ylill'i'ng·tp.conside'r. Mr. Feeley 'stated,ye'~ we e re' newly' moved inand onry'fbr.the purpose of e s t-ab l Ish l n q-wh e r-e we'arlil on our mov e an dvta ke downwhen,Y()'u' tel.l 'us • .'Not putting up tostay:-there. ~r. Hunter sTated s?yi~g co?e cal [s'.'for, removalo:,:fr~'e-s~a~d'!rgsi qn s Three year$from daTe .of co?e ,a?oP:t"I on so maximum, wou.l d: be March, 19'1.7,.,

Mr. He)lm~n staTe~ have,'in,past ~ske~ ~al~8 of ~he si~n. ,May wani to ask for the record. Mr. Hunter asked ~an ~o~ tel)'approximat~ value? Mrs. Chapman stated this says S1'63,' basic p~ic,e an? anothfr $30 or so for -rhe pole. Mr. Hunter stated sou6da I I~e strictly, mef-e r l a l vco sts .• Mr .. Feeley stated that. is our, cost, l n s-t e l l Ing" Mr. Hunter asked saying ap~roxrmately $ZQQ? Mr. Pietrop~ol i' a~ked l ns t e lIi nq y o u r-s eLfZ .. Mr.• Fe.e,leY,sTated U.si'ilg same pole on West Henriett~, that took down: Mr. Hel!m~n asked 10ft. h!gh to~toPlof sign? Mr. Feeley stated right •. ' • Mr:'Hu'nter' a ske d have Y0l,J,considerec;l lo'~ation? Mr. Feeley rtbt~d :.'1, about 2aft. b~ck from ditch. 2a~fT. back fr6m water beeau~e I ca'nnoT. pu f pow: r "~:ar' dra'j ~age, s~tup' I l'ke,-:hat.•. M.r..... Huntyr' a~k:d. where IS. lOT line In relation ,to .. that? Th.l n k s. code call'S for mi n tr- mum of 15 f f . 'Mr. Feeley state.d.' right, ,that is 20 'ft. from lOT I l ne . Mr. He l l man asked noprobJ'em. if grant v a r l e nc e s ub jec t to approva.lot building l ns pec'tor of l o'c af i o n P Mr. Feeley stated right. li'lant to a po l oqI ze. for not appearing l asr mon th . [was sick.' 215'

Zoning Board of Appeals November, 26) 19.14

Mr. Hunter asked if anyone wIshed to, speak in favor or oppositIon to this applicatIon an~ no' one appeared.

DECIS[ON: Granted unanImously with sign ~o b~ removed by property owner on or before March'30:,. 19',1,7.: 'Hours of l l Lum I n er l on be.twe en- 7 ;A.M. and 9 ',P.M'. as needed, Mon dey -through Saturday.'

Held over from Octobe'r 21.,',19'1,4:,

Application of Larry ~nd Barbara Kiser,: 375 Clay Avenue, I Rochester, N. Y., for approval nf variance to erect home on irregularly'shaped l ot wIth front and rear ser bac k variances e at ~2 ~rasser Drive. R~r~J5., Mr. Kiser p r-es e nt ed additional 'information. Reversed p l an vt o put garage on south. No intention of doIng anything with embankment at 'rea'r. House s l f s on f l af area. Don't have to: cut l nto bank. Te r-r-a ce ( with brick e ven t ua l l v.. Hopefullystreng,then hi II 'and, prevent erosion. { Concerned with esthetics. Front embankment approximately 4 ft. high, would' have to cut into it somewhat to a l low acces s;. Requesting 24, ft. at front and 26. 'ft. at rear. Al so submitted peti.ions of pe opl e in favor of construction of home.

Mr. Skeps, ~6Gateway ~elt there were dfscrepancles In measurements,' felt embankment at rear went at least, 30 'ft. into property in question. Feels' construction of home would' require cutting into, bank and would o n l v be. 2['. 'ft. from e d qe of the road, not lo't 'line.

tvlr. Ralph Smith, Brasser Drive submitt-ed peti'tion in opposition.

Mrs. Abbazz l.a , Brasser Drive, stated still' would voice ob jec t t on ;

Mr. Wi[lis Bruton, 68 ,Gateway questions credentials' of person Who did draWings submitted.

I b~ To~n DECIS[ON: Plans to, submitted to Engineer for comments.

ROBERT HUNTER Cha i rman

k I

• (

I { I til"" .'~

M .; jI' ~; ...... »: # ntJ5 ~' uates-NEWS-ocu \ t\ J'l"' l~- e \ )~ AVENUE • ROCHESTER, NEW YORK 14624 :r CHILI ."J'''' !\ l', ~Y'\ Ul:e [:tt: Jt J2) If? If S' W DATE' D -.•- ·'·"'~""·~~""""I"··.'·~···''''''.''~''r...... - \ \

THIS IS TO CERTI F'Y THAT THE ATTACHED LEGAL NOTICE(S) WERE PUSLl5HED IN THE: .- GATES-CHILI NEWS ((.~,~~fZ ,~!~. [~:.~ ]."sue Uati'd . .. ,Dr .

Yit:~ ~~~.~=:: Ln. \).iV ...... f.~ . . p~t;i~i~ '~'";,j ~,. . T ·....~OUH CON ~.: . Rotary Publier State 'Of N. . Monroe Co. Publisher 'f f;;,); 1,t( My Commission Explres Marth 30, 19.Z6 "" ~",;.,

_. w- ._ • l.,.~ ...... ~OTI~E .'. ,...- tl LEGAL. _ I ~..::,r;:::""-,--," ---, -". -, ~_::@Ding Board ~f Appeals

A Meeting of the Zoning ...... Board of Appeals ,o.f the Town '- of Ch1l1 will be held in the :--Chill Administration Offlces, .-1l235_C'hili Avenue, Rochester, N.Y. 14624 on December 17, 1974 at 8:00 P'.M. to consider ';-the following application: ; ,. .Appllcation of Edward In- ""zaria, 37 Morrison Avenue, Rochester, N,Y. for approval of variance to."move existing . house onto lot 100 x '120 10- ~-'"trated "at corner .or Morrison ':::-tveD:ue-, "tax Account #490, : house to be approx. 15 • from ;m;e:ast lot line, 40' from north ~at lln~": F-2. All interested. parties are >hereby requested to bepresent. '"':By' order of the Chairman of ,'the' Zoning' Board of Appeals. . ROBERT HUNTER :.ciiatrmaii

.~ r-' , ~