A Regular Meeting of the Zoning Board of Appeals was held on Thursday, September 9, 2010 at the Mendon Town Hall, 16 West Main Street, Honeoye Falls, NY, 14472 at 7:00 p.m.

PRESENT: 	Kevin Wright - Chair 
			Don Irvine 
			Don Thorp  
			Bruce Peckham
			Liz Sciortino

ATTORNEY:	Doug Jones 
	
OTHERS: 	Edward Walsh (PB), plus approximately 7 others

Minutes were taken by Lea Walsh.

Mr. Wright called the meeting to order at 7:05 p.m.

COOK AREA VARIANCE PUBLIC HEARING

Rob Meehan, Meehan Architecture, appeared before the Board for Todd and Laura Cook, 142 Chamberlain Road, Honeoye Falls, NY, for an area variance at said property, consisting of 32.978 acres, bearing Tax Account No. 215.01-12.1, located in an RA-1 zone, to construct an 85’ x 175’ accessory structure which, when added to the existing accessory structures, will result in a total of approximately 20,669 square feet of accessory structures, which exceeds the 1% lot coverage allowed by Town Code by approximately 6,304 square feet.

Mr. Wright stated that the affidavit of the posting of the sign was in the file, and waived the reading of the public notice because it had been published in the Sentinel.  Mr. Wright asked if everyone had seen the property.  The Board responded that they had.

Mr. Meehan showed the Board a map and described where the present buildings are located on the property.  Mr. Meehan stated that the proposed riding arena would be on top of the hill in back on a flat area.

Ms. Sciortino asked about the location of the driveway.  Mr. Meehan responded that it stopped parallel to the back of the building.  Mr. Meehan added that three run-in shelters would go in behind the proposed building and that permits had already been issued for those shelters.

Mr. Meehan stated that the Cooks owned about nine acres and that they have purchased about 24 more acres from Mr. DeRue, a neighbor.  Mrs. Cook stated that they had originally owned just under 7 acres and that they bought an adjacent three acre lot last summer.

Mr. Meehan stated that the peak of the building would be 29.5’, and that the roof pitch would be 3.5/12.  Mr. Meehan stated that they plan to use materials that will resemble the house, and that it will be designed to look like a wooden Dutch gable building that will have windows with shutters and an architectural shingled roof.  It will have cultured stone on the bottom.  Mr. Meehan stated that the structure itself is a pole barn with posts and trusses but the exterior cladding will keep it from looking like a pole barn.  Mr. Meehan showed the Board an architectural drawing of the proposed building.

Mr. Meehan stated that the building will be 85’ x 175’ and will include a laundry room, storage room, bathroom, and a tack room on the east side of the proposed building.

Mr. Meehan stated that the proposed building would bring the total area of accessory structures to about 6,000 square feet over that allowed by zoning.  

Mr. Meehan stated that the brush has been cleared from the site and that Ted Collins Tree & Landscape will do the plantings.  Mr. Meehan asked Mike Tanzini of Ted Collins to describe the landscaping plan.  Mr. Tanzini stated that they plan to repeat the gate style of the other entryway with the pillars and columns at the new location as they want to create a uniform look.  A white vinyl fence will be added and there will be a street tree theme of maples all along the front.  Mr. Tanzini stated that the cleared area has 9 trees that have been saved, 3 of which are ash trees which may not survive given the growing threat of the ash borer.  Mr. Tanzini stated that they plan to add evergreens, flowering trees, and large deciduous trees creating a park-like effect.  Mr. Tanzini stated that there would be open lawns populated by trees, and that they plan to add about 70 new trees.  Mr. Tanzini also stated that there would be a colonnade of pear trees along the drive.

Mr. Wright asked how much the property rises from the road to the circle.  Mr. Meehan responded that it rises 10-12’ and the crest is by the house and stalls.

Mr. Wright asked how rapidly the planting would take place if the variance were to be granted.  Mr. Tanzini stated that the Cooks were seeking quotes at this time, but that some of the planting could be done this fall.  Mr. Tanzini stated that the fence has already been ordered.

Mr. Wright asked if the small house on the property was occupied.  Mrs. Cook responded that it is not occupied on a regular basis as farm help stays there when the Cooks are away.

Mr. Wright asked Mr. Edward Walsh, Chair of the Planning Board, if the original site had another house.  Mr. Walsh responded that that the original house had been removed.  Mr. Wright asked if the second residence was counted as an accessory structure.  Mr. Meehan responded that it had been counted in the calculations.

Mr. Wright asked how many run-in sheds they presently had.  Mr. Meehan responded that there were three.  Mr. Wright asked how large they were.  Mrs. Cook responded that they were about 12’ x 24’.  A discussion followed on how many square feet the run-in shelters used.  Ms. Sciortino asked if the planned three new run-in sheds were included in the accessory structure count.  Mr. Meehan responded that these had been included in the existing numbers because they already had a permit for them.

Mr. Irvine asked if they had had one or two variances prior to this new variance.  Mr. Peckham responded that there had been two before this.

Mr. Wright asked why the acquisition was only for 24 acres.  Mrs. Cook stated that it had taken many years to get Mr. DeRue to sell the land to them.  Mrs. Cook stated that Mr. DeRue only wanted to sell 21 acres, but he allowed them to buy the extra three from him as long as they would lease it to him for farming corn.

Mr. Wright asked how many more acres they would need in order to be in compliance with the 1% rule.  Mrs. Cook stated that she was told that she would need 15 more acres, but that Mr. DeRue was unwilling to sell any more.  

A discussion followed on how far away Mr. DeRue’s home was from the Cook’s.  

Mr. Wright stated that the riding ring is 29 ½’ high and wondered how they planned to ventilate it as it does not have cupolas.  Mr. Meehan stated that there is a metal liner panel in the ceiling with attic space above it and because it is a Dutch gable building it would have gable ends on it.  Mr. Meehan stated that the high windows are operable.   A discussion followed on the size of the attic area.

Mr. Wright asked if there were any stalls in the proposed building.  Mrs. Cook responded that there were not.  Mr. Wright asked how many stalls were in the existing barn.  Mrs. Cook stated that there were eight.  Mrs. Cook stated that they have 3 other horses that they board elsewhere so that they can ride.

Mr. Irvine asked what size the proposed riding ring would be.  Mr. Meehan responded that it would be 85’ x 162’.  Mrs. Cook stated that 100’ x 200’ would be the ideal size for a riding ring.  Mrs. Cook stated that they have hunter/jumpers and the size they chose was the smallest they could have so that the horses could perform jumps and have space to turn around.

Mr. Irvine asked why they didn’t also have that size ring outside for riding during the summer.  Mrs. Cook responded that it would be cooler to ride in the proposed new building.  Mrs. Cook stated that the tack room would really be a viewing room.

Mr. Wright asked if they had eight horses.  Mrs. Cook responded that they did not.  Mr. Wright asked if they had anyone else’s horses.  Mrs. Cook responded that they did not and that this was not a business.

Mr. Wright stated that since they had a bathroom they would have plumbing and lighting in the proposed building.

Mr. Irvine asked if they would need a new septic system.  Mr. Meehan responded that they had not reached a conclusion on that yet.

Mr. Wright asked if the Cooks were currently boarding some horses outside of their farm.  Mrs. Cook responded that she had four horses and that they board three others outside of their property.  Mr. Wright asked where the manure would go if they bring all of the horses back.  Mrs. Cook stated that they have the manure taken out weekly.  Mr. Wright asked if they would spread it on the lawn.  Mrs. Cook said that they would not.

Mr. Wright asked where the roof water would go.  Mr. Meehan replied that there would be downspouts into the ground.  Mr. Meehan thought that they would space 6-8 downspouts between the windows on the back and front sides and three on each end.  Mr. Irvine asked if there were any topographic maps so that they could see where the water would go.

A discussion followed on what neighbor’s properties bordered the Cook’s property.

Mr. Irvine asked if there would be exterior lighting.  Mr. Meehan stated that there would be lights in the soffit by the front entry.

Mr. Irvine asked if the walk would be lit up.  Mr. Tanzini responded that there would be lamps on the two large pillars close to the road.

Mr. Wright asked if there were any other questions from the Board.  There were not.

Mr. Wright asked if this benefit could be achieved by any other means.  Mrs. Cook said no.
Mr. Wright asked if this would result in an undesirable change to the neighborhood.  Mr. Meehan said no, it would benefit it.
Mr. Wright asked if the request was substantial.  Mrs. Cook responded yes, but that this was better than a subdivision.
Mr. Wright asked if there would be any adverse physical or environmental effects.  Mr. Meehan replied no, the area has been cleaned up and the landscaping enhances the environmental aspect of the property.
Mr. Wright asked if this was a self-created difficulty.  Mrs. Cook said yes.
Mr. Wright asked if there were any questions from the public.
Heidi Baumer, 232 Chamberlain Road, stated that she lives around the corner and was wondering where the proposed barn would go.  Mr. Irvine asked how many acres she had and Ms. Baumer responded that they had 18 acres.  Ms. Baumer stated that they can see the property in the fall and winter and that the proposed barn will be big and they will see that too, but was pleased with the work the Cooks had done on the drainage.  Mrs. Baumer stated that her house is about 1000’ from the proposed barn.
Brian Chantra, 110 Chamberlain Road, stated that so far he likes the plan.  Mr. Chantra said that he lived southeast of the property.  Mr. Chantra stated that he is concerned with the drainage because the water comes down the hill to his pond and then to the main stream.  Mr. Chantra stated that it hasn’t been an issue because of all of the work that has been done so far and that his pond is fine and they don’t see any adverse effects.  Mr. Chantra stated that they are seeing more vegetation in the pond, but that doesn’t bother them.
Mr. Wright asked if anyone had any other questions.  There were none.

MOTION
Mr. Peckham moved, seconded by Ms. Sciortino, to close the Cook Area Variance Public Hearing.
ADOPTED
Mr. Wright-aye, Mr. Irvine-aye, Mr. Thorp-aye, Mr. Peckham-aye, Ms. Sciortino-aye.

Mr. Wright stated that the Board should have an answer at the September 23, 2010 meeting.

Approve Minutes of August 12, 2010 meeting.
MOTION
Mr. Wright moved, seconded by Mr. Peckham, to approve the August 12, 2010 minutes.
ADOPTED
Mr. Wright-aye, Mr. Irvine-aye, Mr. Thorp-aye, Mr. Peckham-aye, Ms. Sciortino-aye.

Discussion
Mr. Wright stated that he thought the mapping was kind of scanty and wondered if a condition could be put in that they supply a better map.  Mr. Jones stated that the Board could request copies of the things they needed before making a decision.  Mr. Irvine stated that the Board needs elevation maps too.
A discussion followed on the accuracy of the map’s scale.
A discussion followed on storm water issues and the area of disturbance.
Mr. Irvine stated that there was specific talk about miniature horses the previous time the Cooks applied for a variance, not hunter/jumpers. 
A discussion followed on the appropriate size for a riding ring, and the reason for having a 1% rule.
Mr. Peckham stated that he had no problem with the proposed building.  Mr. Peckham stated that it is fine aesthetically and that the neighbors had no problem with it.  Mr. Peckham stated that he thought that this would be an asset to the community.

Mr. Irvine stated that it is a huge variance.  Mr. Thorp stated that a building that size on that amount of acreage is insignificant and that he had no problem with it.

Mr. Peckham stated that he wanted the drawings and the landscape plan.

A discussion followed on the appropriate sizes of riding arenas and the feasibility of having an outside authority who determines the minimum size that will be effective.

Mr. Wright asked what items the Board wanted.  Mr. Jones responded that they needed a topographic map to show the elevation from the road to the proposed riding arena.  Mr. Peckham stated that he would like the architect’s drawings and the landscaper’s drawings for the record.  Mr. Irvine stated that he would like a map that showed the neighbor’s houses. Mr. Jones responded that while they could do that the neighbors were at the meeting and were not opposed to the proposed building and so having that map would be pointless.

Mr. Peckham agreed to write a determination approving the Cook area variance for discussion at the next meeting.

Mr. Wright discussed issues pertaining to the proposed application by the Walkowiczes on Lanning Road.  Mr. Walsh stated that the seller had removed the property from the market and that, at this time, there was no active application.

MOTION
Mr. Thorp moved, seconded by Ms. Sciortino, to adjourn at 8:40 p.m.
ADOPTED
Mr. Wright-aye, Mr. Irvine-aye, Mr. Thorp-aye, Mr. Peckham-aye, Ms. Sciortino-aye.