Minutes of June 14, 2005 of the Town of Rochester Zoning Board of Appeals, held at the Town Hall, Accord, NY.
Meeting was called to order at 7:30 PM by Chairperson, Marijane Knudsen.
Present: Beatrice Haugen-De Puy, Vice Chair. Absent:
Elizabeth Kawalchuck Stanley Hudson
Marijane Knudsen, Chairperson
James Kingston
Robert Godwin, Alternate
Also present was the Liaison to the ZBA, Councilman Gray.
Pledge to the Flag.
The Chairperson welcomed back the secretary and the arrival of two new Town residents, Jacob and Terrence Stange .
Because the applicant was not yet at the meeting, Chairperson Knudsen went to the next item on the agenda.
OTHER MATTERS
The Chairperson noted that as part of the Town’s Zoning and Planning Committee, there were sub committees formed. One of the committees is Economic Development and they are looking into revising the bed and breakfast 140-36N of the Zoning Regs.
Part of the economic development is to bring new things into the Town and maybe change things. With regards to B & B establishments, the Town’s Regs are very rigid. There are a lot of things that these businesses can’t do.
The Chairperson then distributed proposed amendments to the B & B Regs. She noted that there are two B & B’s currently within the Town. Some of the changes they were proposing were to allow special events. She suggested that Board members read over the proposed amendments and make suggestions and comments to the Economic Committee.
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T/ ROCHESTER June 14, 2005
ZBA MINUTES
CONTINUED PUBLIC HEARING
Solly Avi’-Nom, C/O RICHARD MILLER– 25’ Area Variance, 8 Sieber Road, Kerhonkson, Tax Map# 59.7-2-3, ‘A’ District
At 7:35PM, Architect, Richard Miller was present on behalf of his client, Mr. Avi-Nom for his Public Hearing.
The Chairperson noted that revisions were made on this application since the last meeting.
Mr. Miller stated that the existing dwelling is 25’ from the road and the new addition would be no closer to the road than the existing portion of the house. So, a 15’ Area Variance is now being requested. Mr. Miller spoke with Mr. Kelder, Highway Superintendent regarding the condition of the road and Mr. Kelder responded that because this was a private road, the Town had no jurisdiction over it. There are 3 people who live on Sieber Road and they will try and work out a Road Maintenance Agreement between the 3 of them. If they can’t agree on a Maintenance Agreement, Mr. Avi’-Nom will maintain the road up to his residence.
Mrs. Haugen- De Puy felt it was unfortunate that it would leave the residence at the end.
Mr. Hudson believed that there should be a Road Maintenance Agreement between all of the owners on the road because he had personal knowledge of that road’s very poor condition. He stated that he would not vote favorably unless the road was maintained.
Mr. Miller didn’t understand why his client was being mandated to have a Road Maintenance Agreement when he currently resided there and all he was asking to do was construct an addition. It just happened that the way in which Mr. Avi’-Nom’s property was configured, required him to obtain an Area Variance for any further construction on the existing house.
The Chairperson felt that the Road Maintenance Agreement could be a condition of approval.
Mr. Miller displayed photos to the Board members depicting the road in its current condition.
Mr. Kingston agreed that the road looked over grown and should be improved.
Mr. Hudson explained that there was a call for an ambulance up there and the trees knocked the light off of the top of it. The road is impassable and unsuitable for emergency vehicles.
The Chairperson recalled that Mr. Avi’-Nom had agreed to maintain the road to the middle of his property as a condition of approval.
Mr. Miller recalled the same and noted that the Board would have to agree on their conditions of the Road Maintenance Agreement.
The Chairperson stated the criteria for achieving an Area Variance. Among the various criterion, the ZBA had to determine the health, safety, and welfare of the community and the ZBA is aware that the road is currently unsafe, so for them to grant an Area Variance knowing that the road is in poor condition would be irresponsible.
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T/ ROCHESTER June 14, 2005
ZBA MINUTES
CONTINUED PUBLIC HEARING
Solly Avi’-Nom, C/O RICHARD MILLER– 25’ Area Variance, 8 Sieber Road, Kerhonkson, Tax Map# 59.7-2-3, ‘A’ District
Mr. Hudson agreed, he understood the need for the Area Variance due to the placement of the house prior to Mr. Avi’-Nom purchasing it, but he is very upset at the condition of the road. He was up there in bad weather with a 4 wheel drive vehicle in the snow and the road was impassable.
The Chairperson opened the hearing to the public. There was no comment.
Mr. Kingston motioned to close the Public Hearing. Seconded by Mr. Hudson. No discussion.
Vote: Godwin, Alt. – Yes Kawalchuck – Abstain
Hudson – Yes Knudsen – Yes
Haugen De Puy- Yes Kingston – Yes
Mrs. Haugen- De Puy motioned for the Zoning Board of Appeals of the Town of Rochester to be Lead Agency under SEQRA and that this Application be typed as an Unlisted Action with a Negative Declaration and that this Application would have no significant impact to the environment. Seconded by Mr. Kingston. No discussion.
Vote: Godwin, Alt. – Yes Kawalchuck – Abstain
Hudson – Yes Knudsen – Yes
Haugen De Puy- Yes Kingston – Yes
Mrs. Haugen- De Puy motioned to grant the 25’ Area Variance with the condition that there is a signed Road Maintenance Agreement and that the Road Maintenance Agreement states, as stipulated by Mr. Kelder that the road be a minimum of 12’ wide at least 10’ high with no overhanging trees and that everything be trimmed back 12’ on either side and 10’ over head. With this Road Maintenance Agreement, someone will be responsible to reconstruct the road should weather or other factors cause it to deteriorate. There must be regular snow removal not more than 48 hours after the snow has stopped.
Mr. Hudson wanted to amend the motion to 36 hours, not 48 hours for the snow to be removed from the road.
The Chairperson added that the granting of the Area Variance occur as the applicant has met all criteria for said variance being that the applicant changed the placement of the structure at the Board’s request, there is not an undesirable change to the neighborhood, it is not a substantial request, there are no adverse physical or environmental effects, and it is not self created. The Applicant must comply with all County, State, Federal, and local codes and obtain all necessary permits prior to construction. This includes the Road Maintenance Agreement which shall also be approved by the Town Attorney.
Mr. Hudson seconded the motion.
Vote: Godwin, Alt. – Yes Kawalchuck – Abstain
Hudson – Yes Knudsen – Yes
Haugen De Puy- Yes Kingston – Yes
OTHER MATTERS
The Chairperson noted that there would be a Zoning Class on July 15, 2005 at the New Paltz Boces conference center. Mrs. Kawalchuck, Mrs. Haugen- De Puy, Mr. Kingston, Mr. Godwin, and the Chairperson would attend the training. Because this was an all day training it would count towards two training credits.
Mr. Hudson motioned to adjourn the meeting, seconded by Mrs. Haugen- De Puy. No discussion.
Vote: Godwin, Alt. – Yes Kawalchuck – Abstain
Hudson – Yes Knudsen – Yes
Haugen De Puy- Yes Kingston – Yes
As there was nothing further to discuss, at 8:05PM Chairperson Knudsen Adjourned the Meeting.
Respectfully submitted,
Rebecca Paddock Stange
Secretary