WILMOT DETERMINATION

Mr. Thorp moved, seconded by Mr. Irvine, for the granting of an area variance, to Thomas C. Wilmot, 217 Smith Rd., Pittsford, N.Y., 14534, Tax Acct. No. 205.030-0001-001.200000, 18.4 acres in an R-5 Zone, to permit the construction of a pond with setbacks less than those permitted by the Code, based on the following Findings of Fact, Conclusions of Law, and subject to Conditions.

FINDINGS OF FACT

1. Andrew Spencer, representing Thomas Wilmot, appeared, before the ZBA, at this public hearing on 2/14/02.

2. Mr. Spencer stated that Mr. Wilmot owns the property to the west of the subject lot and the property, to the north, across Smith Rd.

3. A chain link fence surrounds the subject property.

4. The pond will be artificially filled, will have no natural inlet or outlet, and have no runoff. 

5. The depth, of the pond, will be approximately three feet. It is proposed that the pond will be equipped with some type of aeration system.

7. Construction, of the pond, can be accomplished through the use of compacted earth or an impermeable liner.

8. The proposed location, of the pond, would place it within sixty feet of the northerly lot line and within forty feet of the westerly lot line.

9. The purposes, of the pond, are for aesthetics and to increase the difficulty of play of an existing golf hole.

10. The proposed pond would be more like an ornamental pool than a true pond.

11. No one spoke in opposition to the requested variance.

CONCLUSIONS OF LAW

1.  Construction, of the pond, would not result in an undesirable change to the neighborhood.

2. The desired benefit cannot be achieved by another means.




3. The requested variance is substantial. As the combined reduction, in set backs, would be 50%.

4. Granting, of the variance, would not produce any adverse physical or environmental effects.

5. The difficulty is self-created.

6. This is a Type II action under SEQR.

7. Construction, of the pond, would not adversely impact any nearby farmland.

CONDITIONS

1. The pond shall be no closer than sixty feet from the northerly lot line and no closer than forty feet from the westerly lot line.

2. If the pond is not maintained or is abandoned, it must be removed.

3. Construction, of the pond, must be in accordance with the plans included as part of the original application on file with the ZBA.




February 28, 2002

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