Minutes: Zoning Board of Appeals 1977

156 Pages·2014·10.07 MB·English

1
ZONING BOARD OF APPEALS
January ~5, 197]
A Meet'ing of the Zoning Board of Appe'a'Ls of the' ',Town of Chili va's
heLd in the Clfili Admini.stration Off:Lces, 323':5. Chili Av,enue'; Rochester,
New York 146,24 on January 25, 1977. 'The Meeting' wa.s 'called to order
at 7:30 P.M. by the Chairperson, Mrs. Tanger.
Present: Gertrude Tanger, Chairperson
I
John Nowicki
Carle Mullaney
John: Mallette,
e
Janice 'Chipman
Ge,rald DeG"l:aff
Victor Lynd
, Also P'res'e'ntt, DanLeL L. Mill,er',' nep'uty'. ,To,qn' At.torney
R.' Tho"mas 'Ward,' Building Inspect'or
'Mr. Miller stated thi's is' a duly constidt u.red meeting' of the 'Ch,ili
Zoning 'Board' .of Appe'a'Le vand thel'egal notice "has be'eri pubLdshed in
the Gates'-Chili News 'and' post e'd on the Town Cler'k's bulletin bo.ard and
affidavits are on fil~ ~n tha Town Clark's ~ffice.
1. AppLd.cazLon of Walter' Dan~el'mayer. 4'6Ct,Wes"tside 'Drive, Rochester,
New York for approval6f 'variances"'to construct building on property
loca,ted' at 367 'Paul Road to be 100 ':f't. from front lot L'Lrie, 20,ft.
from rear lot line, 40 ft. ~rom east lot line, 35 ft., from west
lot 'line. M-l.·
Mr. Schmidt, Pres'ident of Exact Yool and Die, appeared'. Stated since
applied for thit 10~ft. frent, 40 £t. ~aat and 20 ~t. bic~ I h~¥e beeri
not LfLed t.Irat; you frown' on parking' in front 'so would like .to. 'see if J:
I can change that and make 75 ft. frontage; 40 on the east, 60 .on th.e
south and 70 on the' wes't. Reason. :when dascusse-d \i'i.th 'ladies at the
shop, got ,impress'i'on don't like 'parkLng in front 'so rece'iving dock
\i'ould also inter£er'eso' feeT if, move 'ev'erything on one side and drLveway
on the 'I.e,st, put' rece'LvLng' doek. all we'st, or back and do nee'd',70 .ft ..for
tractor trailer to, ru.nn. around. I have small ske't'ch'..e have made up.
Co.uLdni t come up 'li'ith 'anything conclusive not knowLng what would be',
approved and would ba.sically be 90, .x 65 wi,th 'the' 7'5 ,in the front and
65 would leave'65 in the back and 90. ,\i'ould leave 70 on. the west sLde,
Nothing elaborate. "Yoti can turn eithi~ way. Could b~ ~Ox 65' or 65 x
90" either way depending on variance. The way it will be' now,' offices
would be 'in the front. That is tentative not kn.owf.ng what will be'
approved.
Mrs. Tanger askBd offices woUld b~'in'the front? Mr. Schmidt stated,
would still be ~n front. 'That was with lOO~t. front 'setback and 201t.
in the back' but not bei.ng abLe 'to, do t.ha'f turned building 90",. ',Mrs.:
Tanger asked' how many parking spaces do you ant LcLpat.eY. Mr. 'Schmidt
sza.ted' 25 to 30., Mrs.' Tanger asked' adequate room ,in the rear for t hat?
• Mr. Schmidt stated yes. Hrs~' Tanger asked whaz abo.ut; future expansion
if you do this?' Mr. Schmidt stratedit hat; would be 'toward the west wb.er e
now asking for 70 ft, in'that direction. And the drive'li'ay on the west
would also cut aown any truck noisw to the residents on east side. "
Mrs. Tanger asked how ma~y employees do you h~ve? .Mr. Schmidt s~ated
I at pres~nt 17. Mrs. tanger asked principal residences? Mr. Schmidt
stated this side 'of town'. Eithir Gates', Chi'li or we's't side 'of the city.
Mrs.' Tanger'stat ed' be:liev'e'axpLa'Lned to me that ther'e ~'1e,re hardships
involved'. Mr. Schmidt sza-ced looked at pz.oper ty -on Un.Lon st r-eet. and
some of the suppliers that buy from don't deliver out that £ar so that
would mea'n-hauling ba'ck and forth and wouLd be, hardship. Bee'n' in Chili
7 1/2 .years .and lease 'running out and owner won't 'renew and offering
us something in Jiriden bu.LLdLng on Culver Road and UIiiversi'ty area and
that would be too far. Would lose' employees 'probabLy, Looked' at property
... >.~c •__
~~_If"! ~ .....
qateJ- NE\\rs- Chili
1269 CHill AVENUE • ROCHESTER, NEW YORK 14624
r-, ." ,~. I q=11
Date,>11w~~1· .1
j 1, . ,, ..', .....
I
.- !
l.-./
THIS lS TO CERTIFY THAT THE ATTACHED LEGAL NOTtCE(51 WERE
PUBLISHED IN THE
GATES-C HILI NEWS
Date&a/:-],
t.
7: ! 7
.J.
Issue
1iJ::;;;-U~
.L/ l
_~./~/ _.~~; ~:-
//r-
...,/ ;¥ ....
Noterv f" Patricia M. Smith
GERALDINE C. Sf'..!YOf:cR Publisher
NfffA~~ PUlli..lf.::, stareCJ N,Y. "~.lonfoe Co.
l::x~hn:l5- ~27
"Ali ChJfoHlliSSiOrl March ;,1U. 1'J.•
t
'_.
[ LEGAL NOTICE]
ZoningBoardoflsppeals
A Meeting of the Zoning
Board of Appeals of the Town
ofChili will be held IntheChill
Administration Offices. 3235
Chill Avenue, Rochester, N.Y.
14624 on January 25, 1977 at
7:30 P.M. to consider th.efol-
lowingappllcations; -
1. AppltcattonorWalterDan-
gelmayer-, 460 WestsideDrive.
Rochester,N.Y.(or approvalof
variances to construct building
onproperty located at 367 Paul
Road to be 100ft. from front
lot line,' 20 ft. from rear lot
line. 40 ft. from east lot line.
35 ft. from west lot line. M-l.
2. Applica.tion of Solomon
Gr,eenstlne, 21 Jemison Road,
Rochester, N.Y. for approvalof
variance to construct addition
to exrsting residence to be in
line with.existing porch to be .
removed, approx. 4.8 ft. from
east lot line, approx. 15'ft.
.from west lot line,on pro-
perty located at 21 Jemison
Road. P-Z:
All Interested persons are
hereby requested to attefid. By _
order of the ChairpersQn of the
ZoningBoardof Appeals..
GERTRUDE G. TANGER
Chairperson
~
~
Zoning Board of Appeals ' January 25, 197'.7
in Gates. There again it is industrial complex 'where a.Lready two, or
three tool shops 'in the area and might 'create Labo.n pz-obLem 'or in summer
outside talking to' each 'other and might' gain or :1ose some' 'and don"t want
to, go into situati:on like 'that. '
Mrs. Chapman asked alr8~dy .ate~ and sewer in this area ~e~ause of I
Bausch .& 'Lomb? Mr. Schmidt stated' yes, that is what I have be.e.n given
to understand.
,
• Mr. Nowicki stated gave presentation be"for~'~he~lanningBoard the other
night. What ..ras the out come 'and w'hat stipulations were agreed to?
" Mr. Schmidt stated ha'va no idea. 'We ha':ve not be.en notified' of finding,s •
of the Planning Board.
Mrs. Tanger asked do you h.:ve some sort n~ a brochure that. would indicate
type of bUilding? Mr. Schmidtstate,d rh.f.s 'does'nt t ,u'ec',ess'a'rily man,
looked into bLock and steel' budLdLn.gs bu't vnot knowing what area or
varLannes. "ill get, ha'venl ti: gotten prices but ,th,is ,is one 'of t.he suppliers
of a steel building and do have attractive ~rontages. Would ~o~ look
like 'that., 'Mrs. Tanger' asked' the.se are 'the ones you might consi'd'er?
Mr. Schmidt. st.'a,te:~r we haven't, gone into, that be.cause: don't,'kn,ow wh,at'size.
of bu.Ll.df.ng would actually be, 'or what 'variances' ~vould' get'. 'Have ba.l.'Lpar-k
figures, 'as far as 'Prices', go but; ,tha't is 'as 'far as went. Mr. Nowicki
asked' who is engineer'? MJ;". Schmidt stated have 'no idea yet.. Approached
'a few contractors to, give 'iC!ea' and haven Jti. finalized' that yet. Mr.
Nowicki asked' ant LcLpat;e '''ill ha've 'an'gLneer to do drawLngs .. ,final site
drawings? Mr. Schmidt s t at ed' definitely. Mr. Nowicki stated'-quite a
few variances looking at. Mr. Schmidt' stated difficult to get somet~ing
drawn up if not; sure of wha'tallowed to put up. Building wou14 be. no
hLgher than 14 ft.,'proba,bI:y .Less, '12 .to. 14 .ft; , Mr. Now:icki asked don'It
have drawings 'of the bu.LLdLng as 'such and not sure if,steel' 'of conven-
tional construction. Mr. Schmidt stated' where, we, get the best price.
Mr•. 'Ward,-":: s t.at ed ,be:l'i'ev'es' Planning Board gr ant ed' th'e 'conditional use,
requeste,d them to, come befo,rethe 'Zoning Board and obtaLn uecessary ,
variance's.', If approved. ,ha've,to, go, back for .sf te 'plan approval. 'Believes'
condat LonaL use grant ed by, ,the Planning Board.
Mr. Nowicki, stated' would like .to see 'drawings and specdf Lcat.Lons in
regards to the, 'type' ot: bu.LLdLng intend to put 'on 'l;he,ai'fe and a si'te
plan indicating locati.on of t.ha't; 'bud.LdLng and setbacks, 'Mr. Schmidt
stated I bz.ought; zhat; in. Tha't:j:s why' saad laid out 90, .x 60 .fLgur Lng
on lOa, 'ft. setback 'bu.t; with 'the 75 and 60 .Ln theba'ck., then turn side
ways 'and make 90, this way and 60 that way. ' It wouid be 'turned this ,.ray.
This is originally 100 .ft , setba.ck and requested 20: in the" 'ba.ck, Would
have made 80... Mr. NoW'i:ck~ st a.te.d' to, make clear to, myself and rest of
the board .zh.Lnks tsho'uLd ha'veupdated site 'plan indicating exactly how
i
you would like, to do that , 'Mr. Miller', stated'at this 'point wo'uld go back
to the, Planning Board., 'They will deal "ith 'site plan approvaL,. Mr.
Nowicki stated to get, .Ldaa thinks sho'uLd have 'somet.hLng accurate in front
of us to indicate actual ,lo'catioll and final sf.ze.'be.cause several
variances. 'Mr. Schmidt .sta.tad' expLaLned t hat took '75 ft. fr,om the f ront ,
~fr. NowLckL stated' I would li1;:e" drawing in f ronc of me.' 'Don"t likei ' to •
make decision ba$ed,on a sket~h ~lan as ~uch here. Mr. Schmidt ~tated
you have t.ha.t; here. 'Mr. NowLckL stat ed ,it i,E: one copy andiwouLd lik~
something more 'def'init ethan,'that;,
Mrs. Tanger asked you would be, willing to work with the Building In'spect.,
as 'far as variances or placenien'tof your bu'Ll.d'Lng concerned? Mr. Schmid
stated yes. Mr. Nowicki asked how many shifts1 Mr. Schmidt st~t~d one.
Mr. Lynd asked what; .type equipment .do you have or do you propose to, have?
Mr. S'chmidt atrat ed have mill:ing machine,grinder's.. Ji'g bo'res.;' Lathes,
punch pz-eeaea-;" '
3
Zoning Board of Appeals January. ,25, ,1977
Mrs. 'ranger stated bel'ieve explained' to me that .pr ese'nzLy ha've durapster-
ins.ide 'th,e: building ,for your trash 'and you wi~l. continue ',to, .do th.Ls ,
Mr. SchUiidt stated def,inite.1'y. 'There, ivould, be: 'nothing sto.red outside.
Mr. Nmvicki asked what abo'ut; .sLgns on the site?', Mr. Schmidt .st at ed
sign on the front of the b~ilding. ~hat ~s all. Mr. Nowicki stated
would need drawings on that. M~. Mullaney asked store no fuels or
I anything? Mr. Schmidtst'ated no. Hr., Mullaney' aske'd' no combu.sr.LbLe
materials .other' than cutting oil? Mr. Schmidt stated cu'tt,ing~ oil, and
startitig solve~t. ' '
•
Mr. Ward asked' how often is stock br.ought. in? Mr. Schmidt st.a.ted' maybe,
once or twice a wee'k'~ Mr. Ward askad' when' steel 'brougbt. in, on large
truck? Mr. 'SchIIiidt stated' small order's.' Ve:ry se'l'd'om t r'accor trailer.
Mrs. Chapman asked', ev'er'ything stored inside wh'en comes off loading dock?
Hr. Schmidt st'ated' oh yes.' ' Store.d.nsLde,
Mr. Nowicki asked' on the building .ft seLf, :would th.Ls .be ':Lnten'ded to, be:
sprinklered for' fire'prote~tion? Mr. Schmidt stated n~D su~e yet,
ConsLder Lng sprLnkLers, Building in nO~vis 'sprt.nkLer'ed, Would have to
find out the 'advantages' 'of sp'rinkl'er .as "far as 'insu'ran,ce goes',., Sure
'insurance company wo'uld proba.bLy LnsLst, on .system.
Mrs. Tangerask'ed if anyone wishe'd to speak in favor ,of this 'applicati'.on
and no one app.a~ed. Anyone in opposition?
Mr. Charles' Githler, Attorney. appeared, 'Stated repres'enting Mr. Hunt
who is neighbor Lmmed.Lat e.Ly .adj oLnLng this property on the' east' si4e.~
His 'house' is.. probabLy 'all familiar', only one on Paul Road on ,trql.t, side
for some distance•. My understanding that t heiLot; .Ln question is 20,:0, ,x
20:0. 'Bel'ieve lot .that; is 'aube.tarrdard ,size, 'for thi's -M-l'district' 'and,
operatio~
don' t be,l:f.eve heard application'for ,variance.'to,,'permit on '
I
thisas,40,OOO,.sq ft. Lnstrea'd of 62.:500, sq. ft. 'Would like, to object
on that; grounds.' Secondly. on th'e grounds that the'building as 'propose'd,
and unclear as to what size 'lITasand. beTieve ore of the: membezs was.., too.
Mr~ Schmidt stated, 90, .x 65.
Mr. Githler stat.e.d' need's variance because would be: 540,0, sq. ft. lvhich
believes would be more t.h.a'n the', sLze, 'of the building allowed' on the lot.
More importantly, Mr. Hunt's, hduse ~s .directly adjacent t~ the loca~ion
of thi's proposed structure. Wants Located ver'y near to', }[r. Hunt's, lot
line.' Hasn't proposed sczeenLng or, anythi.ng. Mr. Hunt, be.LjLev.es., and
cannot heTp but; 'agr ee;' wo:uld be',"serious det z.Lmen't; .to. his property vaLuev.
Seems to, me appl~cant ha.s nbt shown any practical difficu~ty or un~que­
ness 'of c:f.rcumstances or' handshLp , Has not shown' lIThy'cannot be. in
industrial complex. Doesntt; .thLnk 'fact that 'poeaLbLe 'workers might, quit
is hardship contemplated' by statut-es, 'or ordinances 'and really hasn:'t'
shown requirements 'set,,'by state, 'law 'to permit you to, grant variances.
In preambLe or purpose', Sec. 3:D8.1, purpose' 'of this dist'rict ,is, 'to
provide for usea'<Ln a light manufacturing zo.ne, and park-,like envLrcnment; ,
W'hen have nothLng in front of you as to type of consrruc.tLcn, no reason
• ",hy should beloca,ted whe'r'e it is, no t e.et Lraony vor stracement s 'from the
applicant as to, why lo~ated in violatinn of your s~de line an~ba~k .
line zequLrem.errts , Mrs .: Tanger stated he has 'kept to -the ,side Lf.nes ;'
Mr. Githler'stated wahts varianc~ and think ~hat is ~arjance that is
required. No statement or proof produced as to whj. Not h~re to s_y
I oppos~ b~callse bpp~se ~t. Have to b_ located, somewhere and feeling is
very strong abo.ut; them be.Lng Located here .and varLance.s. 'should b-e'
denied be'c'ause no reason slrown,
Mrs.' Tanger asked fact t.ha't; "this is 'industrial property, what would Mr.
Hunt like to see there! Mr. Githle~ stated thinks permitted uses,'
admLnLstrat Lve, educational uses.. etc .', set forth 'as 'permitted, would
certainly have no 'objection. This is use whLch I feel', and apparently
bo.ard didn I t agree' that this "'as 'light' use. I think hea'v.±'e:r,. But in
any caSe location of building and type proposed and lot tqo small for
the area, donitthi'nk ~er~itted.
Zoning Board o'f Appea'Ls January ~5i 1977
Mrs.' Tanger asked would you erilighten me as to, zoning o£ Mr. Hunt's
home? Mr. GithLer', etrat ed M-l..., En,ti',re 'area is M-l and Mr. Hunt owned
hom's when property, I be'Ld.ev'e 'was bo'ught' by, Bausch' '& 'Lomb 'and rezo,ned.
Mrs. Tanger asked Mr. Hunt ~s your home M-I? Mr. Hunt ~tated yes' ii
is.' Mrs.' Tanger, asked how many units 'in it? Mr. Hunt stated four
apartments, three' .Ln t he'<ho'use," Wilen so'Ld in 195.7 'Mr', Day 'Was PzesLdent; I
of Bausch & Lomb .and satin my ki.tche'n' and expLa.Lned' .t;o. myseTf and
ot.her neLghb'o.re, ,Zube'r's and any ,number of, n'ei'ghbo:rs that we.re there,
-t.hat; Bausch '& Lomb .ha'd intenti,on of putting road in the, back and having
archite~t come in and design this and have tasteful b~ildings out
there. That was one ~f the reasons property sold. Doe~n'~ feel in
the spirit of the 'Tow:n, of Ch,ili' to have the residents in our neLghbo.rc- •
hood to have it zoned M-l for a small building on a small lot next,'
to ze'sLdentLaL house'. Thi:s. 'is. my bLggest; hone .of contention.
Mrs. Tanger stated perhaps 'could t eL'I, me why this 'lot is shor t ez. than
other lots. Most deeper than this. Mr. Hunt stated originally came
from grandmother...desperately ill and fat her gave lot,to,:"her to build
sm'all'apartment on it. She"died and left to. rel'at,:i;,ve wh.o sold it,' Sold
s.everal tLmes 'since.' Thi's is s''llrail addition to, out: 'property. That is
why th~s 'lot nex't, to us is this size., 'Was my under-atra.ndLng, accordLug
to Mr. Day, that this lot would have been', purcha'se'd along wi,th the rest
of the farmlands that' wer'e soLd out ther'e. I was unawa're t hat the
'lot was 'still availabl,euntil, last year. 'Mrs.' Tanger asked didn't know
wasnt t part of Bausch & 'Lomb?' Mr. Hunt stated not until_got notice,
were going to put collision shop next door.
1'1r. Hiller' asked' do you know what .year, lot was sold? Mr,. ~unt stated
father gave to 'grandmother 'believe in 1955 or so'. I was0" t aware of
when but kriow it was given to her, Instead of taking the 'land deeded
to her she builtapartmerit on main house of our farm. 'That is how lot I
popped up. Mrs. Tanger asked never did bu~ld on it~ ,Mr. Hunt stated
t~at
no be.cause br'Lek foundry on property, an,d ,const'ruction cos t s too
much. 'Mrs. Tanger stated t r.ya.ng to, f Lguze why others we.re so' much
-deeper than this, only 20:0,ft.. bu.t; by -the. same 'token there is industrial
lot t he're and cannot deny person to, use it.for indust'r'ial purposes.
Mr. Runt stated feeTs reason it isindusj;r~al complex, now is that the
'agreement originally 20, ye-ar s 'ago was Bausch & Lomb ,wo,uld build,a,t ast e--
ful, landscaped complex back ±here.Don't th~nk residerits, would have
gone -aLorrg with it. Doesnt t . th.ink £eeTing, in the 'ver'ba'n agreement from
Bausch '& 'Lomb.' Granted i,t wassa:id and other neLghbo.rs we're t.her'e and
heard same agr eeraent;, Just nobo'dy out t.here 'would have let' that happen.
Mr. Nowicki ~tated not bbjec~ing to industrial devel~pment in the area
as long as con£orms to zone.' ~r. Hunt stated right. Cannot ~nder~tand
how guy can say put bLock or st.eeL bu.Ll.dLn'g and don't, know wha.t Will
put up and doesn' t fit into that neLghbo.r-hood,
Mr.' Nowicki asked did Bausch '& Lomb .of f er. to buy ,all the' 'pr opert.y?
Ur'. Hunt stated, all but '5 acres, 'and t hat. is where, ho'use is, ,2 ,1/2, .acres,
but talked further', a'nd got to, 2 :1/2 .acr-es v Zoning variance' for', tax
puiposes,..we were zoned farmland and th-ey were 'zoned M-l, and tax
advantage or ,something. In the c-ou'rse of severaL years 'sold rest of
the 'land exce'pt; 2 ,l!2acres' ~vh,i'ch 'home sits on. I was in, eer'vLce and •
don't remembe,r or know wh'en changes, t ook effac't;, Surprised' when I
'attorney told me house .so.ned M-l. Mr. NQvTicki. asked would you obje.ct
if project 'came 'in'ther's' and done 'with tasteful archit'ectural desLgn
and Landec'apLng, etc,? Mr. Hunt strat ed if conforraed' to, .zoning,laws.
De~ent seiback from road and from back of the lot and sides. As long
as it conforms with the laws I would not object. Have no reason to
'oppose but again as 'you drive down Paul Road, unique situation beCause
5 or 6 property owner~ and reason it is ~ndustrial park ~cross th~ ~treet,
we 'were for it was would ccncentr-ece sm'all industr,ies 'in one sect Lon of
the neighborhood. Cannot conside~ Beahan Road ~ecause have,airport and
railr'oad track, ,et'c.,' which: 'doeantt; .t.hLnk bozher's resi'deu'ts but that is
more commercial .tha'rr Paul Road neLghbo.rhood, If you go thr'ough 'the tract,
not tract, unique,' Bee'n' t he'r'e 35-40 .yea.rs 'and mine is...l'Z:5' years 'old.
Iln.Lque part .of Chili.
5
Zoning Board of Appeals Ja'nuary 25:, 1977,
Mrs. Tangel;, ,st'ated' if .someth.f'ng .ha'ppens to, your hc'me it wi'li be:
industrial also. Mr. Hunt; stated' granted, if anything happen'ed , 'Mr.
Githlet: stated would be;light',industr,ial., Mrs.' Tatlg,er stra.te.d .t.hat; .Ls
what this is 'also. Mr. Githler:stated poLn.r w,ould like to ,r,ei'terate,
don't be.Ld.eve appLdcarrt ha's vsh'own any zaa'son ,legally or ot hexwLae why
should ha've variance. 'Hasn't 'asked for variance ,to use' 'lot because'
undersizad and until see' 'w,ha',t he' plans,- would b,e: ha'zd to make decLsLon
I whether se':r:ves the be'st interes'ts,. Haven" t shown what would be.vmade
of or exact size. Mrs.' Tatiger' stated' couple 'of pLct ures ,there. 'Mr.
Schmidt stated' dep'en'ds on variance' 'and, to, a.nswer- question in front of
Plann'ing Board agre.e'd' to, put ah'r'ubs along lot line 'so' it would, not,
e
interfere. 'This, would be: some 'of the' possLbLkLtLes. of frontage or
this. Definitely not like this.' Mr., Githler stated question whj dt
has to be so clo~e ~o the ~ne ~~isting hduse when vacant land all' around.
Mrs. Tanger stated onLy 'requ'ires' '40 ft. and that is wha't havi.ng. Not
asking for variance on, that.s.ide. 'Mr. Githl'er', stared provided' 0 ther
variances, are granted. ..Mrs.' Ta,nger', .st.at e.d doesrr tne,ed, if .sLde 40, .ft ,
Mr. Gith1'e,r, 'st'a,ted' ask.Lng ,for ,variance, 'to, the 'rear. 'Mrs. T,anger, strated
front and rea'r., 'Mr. N9,wi-ck;L stated: asking, fox; minimum lot size 'v'ariance.
Hr: Hunt stazed. rear ofvhLa 'lot 'in middleo,f mine.' , If, lots, wex'e 'same
size 'wo,uJ.d be, 'di£fe.r'en't. '
Mr. Willia'm Ebe'r, ,own,er' of the' 'pf'operty at '367 Paul Road,'ap,peared'.,'
Stated bo.ught proper t.y 'on }farch,,7, 1967. 'In March will be', '10 .year's;'
Have 1isten'ed to, Mr. H'unttalk 'and w'o,uld like .to refresb 'his, recoll,ection
a 'little.', I w'a's .soLd Lot; A and B at that time'- ,Two lots; each '100 x
i
20,0,. 'r bo.ught; the' 'premase's 'from AngeL'o Fratta:li. 'S~ems Mr. Hunt forgot
that on June 19, 1959 Geo'rge 'C. Hunt, Jr."and fnarjor'ie W.', his Wife;'
sold Lot A to Gillet'ta. This is ,in 195'9., -Mr. 'Hunt created th'e, s'ituation
that he d.s objecting to, tonight. ,When saysvJ.and' wiJ.l be: ,i.n center .of '
his .property, ,he 'created' it in, 1959. Sold Lot A.. to, Gi,llet't'a and Frattalii
'On
on Dec'ember 9. 1963 "bo'u.ght; Lot A from Gillet'ta. June '19'" 1959 ,George
I
Hunt, Jr.,' soLd to, Frattalli Lot B. 'Have 'copLes 'of the recorded deed.
When I bo'ught',.tha 'premise's 'told that it i.as 'zoned bo.th 'commercLaL and
industrial. Know .at; one' time Mobi.l wanted' for a gas st'a,ti'on,. Wou,ld,'
not havebe,en any quest LonsiLn 196,7. 'All had to do wa's' 'comebef'or'e '
bo.azd and get permit• ' Th,inks:, wh'a,t, Mr. Hunt wants' is 'somebo.dy else .shou.Ld
pay his taxes for abo.ut; 20: ,years.' S'ho'uld have 'use','of, the' money 'and ever'y
time somebo.dy wants, to, use the property, come Ln aud object be.fo.xa 'thi's
boar4. T~ink$ in fairnesg have had property £or 10 ye.~a and haveri't
used' it. These 'folks want it and want to bu.Ll.d building th.a.t; ,will be.
slli'tabl',efor t h.emse'Lves 'and for then,eighbiJ',rho'od. Under' tho.se circum-
stances, askzthat; the variance be. granted' and tlrat .th.e'se: 'folks be'
permitted to bu.i,ld the'ir building.
Mr. Githl'er stated' t.hLnk.s Mr. Hunt refer'red 1:9 his, f ather' in 1959.
Thinks wh'a:,t' 'aski~g, you "to, do is t';'kesT,lbs,t'andard lot off hi's -ha'n,ds.
Undersized and was,when' bo.ught it' 'and unfortunate, 'that maybe: made 'mistake
whe';' bo-ught the land bu't; doesntt; think .that; is 'function of' the' v.ar Lance
or adds one iota to the use and area variances',r-equest ed t onLghti,. Mr.
Ebe.r stated -thLnks ,wr'ong when' says!3ubs:tandard.after all, 40,OO,O"sq'. ft.
Mr. Gith1e~ staied ordinanc~~alls for 62;50a: 'I didn't "rite ordinance.
e 11.,.1 subscandar-d Clot, 'Mr. Bbe.r. strat ed' change madesubs:equ,ent to, purchase,
Hrs. Tanger stat ed whoever did const-ruct: 'i.ould have 'to have 'variance
be.cause: under.sLze.d' lot. Mr. Ebe'-r, strated' t ha'nk you for your cons,ider'ation.
I Mrs.' Chapman stat ed' doesn't know 'if 'subs.ta'ndard when purchased or not.
Changed' .crdLnance 'rec'en'tLy. Spoke of Lot A and B. 'Who', owns 'other of
t.hese lots?' ParI: of t.ha' 'Bausch '&"Lomb 'pr opert yv- Mr. Eber stated, Lots
A and B I havethe:m bo:thfro!ll Frattalli. Ead one originally and got
the other' from Gill,~'t'ta. Mr's.',Chapman asked nothing on either lot now?'
Mr. Ebe.r stated no, all empty. 20:0 x 200,., 40",000 sqv ft. 'Nobo:dy will
use for resi'derice. Mrs. Tanger asked you ha've 'combLned into one parcel'?
Mr. Ebe.r stated' yes, I got as one piece. Mrs.' Chapman asked intend
buying whole 'pLac'e? Mr. Schniidtsta'ted yes.'
6
Zoning Boaid of Appeals January 25:, ,19-7'7
Mr, Lynd asked' Mr. Hunt.. you- sar.d: own'ed. land,dLzeczLy beh'Lnd this 'lot?
Mr. Hunt stated have 'thr'ee' acr.es 'direcbly next to', 'it. Gillett'a' was '
househo'Ld ee'rvant for m'y paren'ts; Did maLntenance work, ecc, and
grandmother, gave to, him. 'Fratta'lli was Gillett'a's fath'er-in-law and
purchased property from ~hem, Didn't 10se recollection. Grandmother
did not build on ~t and h~r prope~ty and gave to, Gilletta and that ~s I
whers two lots carne£rom, Mr. Lynd aske~ do you own land directlj
behind? Mr. Hunt stated' own land on the immediate ea'st; si'de, Mr,
Lynd asked but. not 'behind'? Mr, Hunt stated Bausch '& Lomb .owns behfrrd
bu.t; comes half-'Ivay up my' lot. Mrs,' Tanger asked' 'Iiould you have' any ,idea
e
how ~eep that piece of property would be beh.ind~his lot? Mr, Runt
sta,ted beLdeves mine 'goes' bil.:ck,40,o- .ft , 418 or 4i:t.: but' over 40,0"
Mr. Leo Pudup, Paul Ro.ad, stat ed I am 'ne.Lghb'o.r and doesil"t think
suitab1:e building £orthat~ot.' As 'far as hardship,' thinks' will make'
one on neLgbb'o.ra•.''Lived',th'.ere 22 :yea'rs 'and' to, put 'budLd'Ln.g there cause's
me ha.rdship. Mrs,' Ta'nger st'a',te'd' to, my recollection no houses immediately
across' 'from this,' Wher'e in re.Lat.Lon are 'you? Mr. PUd.up stace'd live'
about two ho'uses 'down from ther'e and to' the, east', r was 'here whe'n
Bausch & 'Lomb 'wa,s buying that pr ope'r.ty and Mr. pay did not have 'any
obj.ect.don from the neLghbo.rs be.cause assu-red ev,e~ybo:dy wha't Bausch & '
Lomb would do in that area. Assume that since 'that is industrial
cannot stop things 'that go on it 'as 'long as meet your s trandards but
don !t feeT. t.h.Ls bu,ildin,g mee'te standards. As 'far as 'indust"!:,ial park,
put; one down the road: Rave tool business' 'and no neighb'o:rsobj.ectE?'d
to that th'ing' be.cause assu'r'ed that if any ,small industr'ies 'come, that is
where they wil'l go. ,Not spread allover, the road. Othe:r ha'zdshLp we'
would have is' 'sa'id would lia'va'dumpst'er Lnsf.de the 'building. Ge:nes'ee' Tool
down the road, lonk,in ba~k,and lOok at wh~t they have' b~ck there. Don't
have all in the'building, Ivere, 'assured same thing when' Gottry built
ands'l.rore building was 'bi,g enough to ho'Ld everything. NothLn.g oussLde,
Lbok at their lot. ' , I
MrS,' Tanger stated' at rh.fs point Mr. Schmidt has never had anything
stored outside. 'Mr, Pudup st at ed I am tooi engineer at Rochester
Products. 'Weritto lot' of tool shops: Every 'one has things outsLda at
some time 'or other. Mr. Schmidt stated can come to' ours 'and look any
day. Mr. Pudup stated seen' lot of shops 'and store .thLngs out sLde, You
can stand and telI what you want now but after you budLd and sta-rt ,
at orLng, what 'do we, 'do.' 'Ruil' to' the 'town every tillle you st.ore something
out there? Nr. Schmidt 'stated' don't s tror e anythLng out sLde, Haven't
done fn 7 '1/2 'years 'on Beahan Road so why should I sta'rt ,there? Mrs.
Tanger stat ed' you are, 'strpposing sonret'h.Lng 'Hr. Pudup, Not' realit'Y. Mr.
Pudup stated going bi history. Have tool shop and j~nk in ba~k. Mrs.'
Chapman stated not going bj history of this particular tool shop. No
reason to accuse this man of doing eomet h.Ln.g whe'n: he has never done it
and don't 'have evidence he 'has 'done it. We 'must judge' on t ht,s particular
application. 'Mr. 'Pudup asked what would happen wh.en started' to' store
out sLd'e? Mr, Ward stated' notify the Building Lnspec.tor , Mr.' Pudup
aske~ you want to luok up records oi Gottry and do ~omething? Mrs.
Tanger stated d6es~'t think pertinent., Mr. Pud~~ stated i~ is to these
'on Paul Road. Peopleth'at bu.ilt, t.h.ose seLd same 'th,ing and never 'lived •
up to'it. Mrs.' Chapman azat ed. up to you to make complaint. 'Mr. Pudup
asked who' do I complain 'to? 'Mr., Ward st-ated call me', .Mr, Pudup asked
and you could look up r ec'ords 'of when applied for .perrnissi'On to bu'LLd?
Mr. Ward stated will inves'tigate 'and discuss ~~hen you call me.
I
Hr. PUdup strat ed thfnks good practice around t'oo'l shopsth'at th'ese
people 'jump from shop to sho'p, Th:i.nking that 'afraid to, locate. wher e
already isa sho'p isn't going to .stop from jumping from place to place,
Don't think we 'sh'o'uldpay f or this becatree 'thes'e .peo'pLe 'might go to
another shop and won't h61d e~ployees, As long as don't meet standards.
thf'nks shouLd be ref'used', ,
7
Zoning Board of Appea'La January 25, 1977
Mr.-Nowicki asked wha.t; is yo,ur connect.Lon with ,'thi's project? 1-1r.
Schmidt-stated I am buying the'proper,ty and putting up the', building;
'.rhere are three of us • Mr. Nowi'cki' asked'owner' of "th,ebusiness? Mr.
Schmidt stated Presi'den't of,Exact.' Mr• Nowicki, asked' could you teLL
me what yo.u subaclt te.d' to this board for 'our review in'r eg'ards to 'drawings
or legal desc'ription? Mr. S'chmidt 'stated' submitted drawings to the
Planning Board 'and this ·drawing. Mr. Nowi,cki aske'd tha't. is all you
I submitted? Mr. Schmidt stated yes~
DECISION: Reserved pending receipt of comments, from MCPD•
•
2.: 'Application of Solomon Greenstine, 21 Jem'ison Road', Rochester,
New York for approval 'of variance to constnuct; 'addition to exd.st fng
re'si'dence to be in line with 'eldsti:Ug porch ',to', be. 'removed, approxi-
mat eLy 4'.,8'ft. ,from east lot 1.ine~' approxdmateTy 15 ft. from we:st
lot line; orl:-,proper'cy located at 21 Je'mi:son Road. F-2. (Amended'
to read 4. 8 from we~t lot line, ~5 ft. from east lot line)
Mr. Greenstine and 'Mr. Bogart, butLder, appeared. Mrs.' Tanger' strat.ed
have your drawings 'in from' of me.' 'Mr. Greenstine 'stated' location map.
Mrs.' Tanger atrat e'd. whe'n we Looked at your property through you had
more room on this side than you did over 'here.' Am I wr,ong? Driveway,
on this side be.Longs to you? On the 'wes:t? 'Mr. Gree'n'st'ine 'stated no,
on the east. West is 'oth,er"'ho'use'•. Mrs.' Tanger' stated act uaLl.y have 15
ft. .on the we:st sLde and 4.8' on the 'east. Mr. Greenst'ine 'strat ed' ho'uae
faces north ~nd drive~ay on the' ea~t side.
Mrs. Chapman asked this is ex'isting porch? Mr. Bogart stated footers
fell down and has to, be. torn off. Thei cannot .use 'the 'porch bu.t;
delinitel'y need area in t-hs house'. 'Mr. Greenstine 'stat ed mother living
with me and will expand be'd'rocm and more 'closet space and front "room
I will be. larger. Mrs.' Tanger' asked: whole front wi'll be: 'extended' to,
include porchf Mrs.' Chapman asked incl~de ~rea where porch 'is? Will
be torn off anyway. Mr. Bogart stated yes',. 'Mrs. Chapman asked as far
as. the size goes, would be 'in line 'with ,the 'e.xLst Lng house? 1-1r. Greenstine
stated' in line. Mr. Bogart s trat ed exactly in linewi,thth'e' 'porch on
the front'.
Mr. Lynd asked any Lnt entLon on your part to excavate'? Mr. Bogart
stated goes down 42",. l-lon't be, excavated as. 'cellar but it will go .down
for footers.' }It'. Lynd asked built' on sL'ab? Mr. Bogart strat ed f oot e.rs
block and built level' wi,th 'the house. 'Hardwo'od floor.
MrS. Tanger"'aske,d 50 .ft , in-the' 'front? Mr. Bogart s tra.ted' more 'than
that. :Mr. Ward mea~UTed. '74ft. I think to the: ceritez of the' ~oad.
'Mrs.' Ta'nger asked to the front:. of the"'porch?' Mr. Bogart rst at.ed' :r:,1ght'.
Tliis is according to th~ act~al figures.'
Mrs. Chapman asked do you have a ba.sernen't; now?'Mr. Green'stine stated
yes. Mrs. '.ranger asked' ev'er' have wa,ter'?, Mr. Gree'nstine 'stated yes',
quite a bit. Not as much 'as whe.n had pine tre~ which cut down, Stopped
e some of t.he' water. 'M:r:s.' Tanger, asked' don't 'anticipate water problem?
Mr. 'Bogart 'stated no, up in th~ ~ir. Mrs. Chapman ask.d like half a
sto.ry raase'd or how many course's up? Mr, Bogart, .st a.te.d three or four
courses of' bLock , Lev',eI' with 'the'c.ellar. "
I
Mr. Nowicki asked ha\l'e you submitted any drawings to this bdard for
revieltT of this project? Mr. Bogart stated' no, ,ha've a f Loor plan whi'ch
I lef't wit.h.the'm, 'M:r:. Nowicki stated asked' Mr. Ward and saLd no, ,Mr.
r
'Bogart stated gave 'the'ni to, him. Just 'a floor plan to, show 'sLze of it
and cross 'se'ct Lcn as to wha't wa's going into it. Reverse gabL'e.•' Mr.
Nowicki seated look for floor plan. That' doesn't help at:. all,. Mr.
Bogart, stated this is exLst Lng house 'and that ,is' what, is going on. Th,ls
is 'wtiere porch is now. 'Going out e~en with~it.
Zoning Board of App.e.a'Ls Ja,nuary25:, 197'7
Mr. l1iIl.er asked ho'sr many feet' bac'k .is 'it .to. addition'from the front
line? Mrs. Tanger, .s.trat ed abo.ut; 74 .ft , from the 'ceu'ter' of the road.
r.fr. Miller.' asked' f'ro)ll th,e proper',ty line?' Mr. Bogart.stated' don't
know•. Mr. M:i,ll'er ask'ed.vhow will front lineup wi'th 'other .b.ouse'sZ
Mr. Bogart stat ed' exact Ly even' to the' one 'next 'door.' Mr. Miller,
asked no fvrther forwa~d? Mr. S~gart,~tated porch ~ines, up exactly. I
Mr, Miller asked' houses' 'on -bo.eh 'aLd.es? ,M:t'. Bogart st'a,ted none .on :
one side. Mr. Miller' asked how abo,ut'next,lot? Mr ...Gr,ee'nstine stated
house next to their's ba~k further. Mrs. Tange~ stated almost to the
rear. Mr. ~Iiller stazed bu:ilt on the hack of,the' 'lot but this is in
line 'with 'ho'use to, the west, 'Mr. Bogart strat ed' yes. Porch 'ha's to
come ,off anyway. Nothing thar'e. Who'le 'found.at Lori gone 'out of it. •
Hr. Mullaney asked any pLumbLng or anything? Mr. Bogart atra.t.ed no.
Mrs. Tange'l:' .etrat ed strict:!y .room 'and cLoaets., Mr. Bogart straced yes
with piccure..'window in front. Mr. Nowicki' asked' whan you made applica-
cion were jou informed'of requirements ~f our ordinance? Mr. Bogart
stated no~. Mr. Nowicki asked not informed of wh~t was nedessary to
bz.Lng be,forethis bo.ar d for us to act? Mr. Nowicki asked' have.vyou ever'
v
read our ordinance and what ,is -required? Mr',. Gree'ristine st at.ed not
really, never had rea'eon to. Mr. Bogart stated I filed' a.ppLd-cat f.on
and asked at t.h.e time 'and as 'far as, 'was told ,that. was it. 'Go in fzont;
of these boards. 'in dLfferen't; .towns. Mr. Nowicki asked familiar with
what is re',quired? Mr.. Bogart st3ted Lr-ondeq'uoLc wa.nts 10 .copLes 'of the
plot plan. Mr. Now~cki ~sked wh~t makes you think this town is different?
Mr. Bogart stated' asked'. Mr.. Not.ic'k,i ataae'd. ordinance specific-ally
requires certain information for us to act Lnt eL'ILgent Ly on t he'se
requests. Mr. Bogart stated whan go int~,town hall, for instance
Irdnd~q'uoit, go in arrd they say all right, here ,is ,thing. You will go
by thd.s, Rand me 'someth'd'ng to go by. ,Th£s wasn"t, done here. Don't I
know what setup is. Mr. N'owi.cki' stated don't', see our requirements here.
Mr. Bogart stated don't know, more than any other town asks for. Mr.
Nowicki stated bas~cally familiar because b~ilde~ myse~~ and go bafore
many cowus, Mr. Bogart stated in I'rond.equoit just got one and showe.d
him tio'nf.ght; 'and asked' for 10 .copLes 'of thds, Mr., Nowicki stated that
won't tel'l me 'anything. M.r:. Bogart; stated that is what at%: for in
Lrondeq'uotit; , Mr. Nowicki stated' ha'rd to see what is proposed, Mr.
Bogart stated fill that in. Mr. Nowicki stated does~'t suffice.
Mr. Bogart stated still don't know whatafte.r., Mr. Nowicki, stat:ed want
,to see a pLarr of wha't you are doing. Mr. Bogart asked want me to draw
a plan? Mr. Nowicki stated that is wha't ,:i,.s :calls for. 'Mr. Bogart state
such a simple thing usually co~plicatedwh~n nee~ variance. This was
so simple and nobo'dy told me wha't you need. Not to be, argumentative.
Mr. Nowicki stated don't want to make complicated eith~r but want
information that membe.rs 'can interpret and Look .at •..Not h.Lng compLdc.at ed,
but difficult to sit h~~e and not know ~hit is ,Baing on and don'tfe~l
want to look over someb~dy's shoulde~. 'Mr. Bogart stated thit is why
asked what I did nee'd', Don't know. Lzondeq'uoLt; doesn "t; ask for anyt.h.Lng
other than plot plan, 10 .of t he'm, Take one 'and putproposa'l ,on it 'as to
what doing to your propexty , What addint and how .af f ec'ts lot lines.
Mr. Nowicki s~ate~ iust property and looked at it and haven't seen plot
plan or drawings of what plan to de wi'ththe property. ' Ravent seen •
elevation or plan.' Not be'Lng stickler', got an ordinance and ,will live
by that 0 rdimnce, Mr. Bogart 'asked' then .rhy' doesn"t..somebo.dy do I ike I
every other place does and say this is our list because not all alike.
Differ'ent". Mr. Nowicki stated eventually sure will 'get' to, that. Don't
want you to be. in the dark. 'Want to justify my vo',te on th,isapplica-
tion. Mr.Greenst~ne stated ne~er~had chance before. 'Lot of pedple
that way., When' sen'd letter'"why' don't t hey say wha.t. you have to have in
a letter. :J;lr. Nowi,cki ataee'd' brdngLng out for t ha't; reason so that you
understand what shduld b~ b~ought' before ~his board. ,Want to be fair
~ith jou as the applicant and only way we can is ~f you.sub~it,necessary
information. 'Row can we',vot.e on -something canngt see.' ',Be,en to the
property. Ni,ce property. Want to know tvha't doing. Mr. Greenstine
stated if knew it would do it.