Minutes of July 12, 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: Absent:
Beatrice Haugen-De Puy, Vice Chair. 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.
Because Mrs. Haugen De Puy was unable to attend this meeting, Alternate, Bob Godwin sat on the Board in her place.
ACTION ON MINUTES
Mr. Hudson motioned to approve the minutes of the June 14, 2005 meeting seconded by Mrs. Kawalchuk. No discussion.
Vote: Godwin, Alt. – Yes Kawalchuck – Yes
Hudson – Yes Knudsen – Yes
Haugen De Puy- Absent Kingston – Yes
PRE-APPLICATION PRESENTATION
BRENDA BUSH AND RONALD DARNLEY– Use Variance for Beauty Salon in R-1 District, Route 209, Tax Map # 69.3-3-28.113
Chairperson Knudsen explained that Ms. Bush and Mr. Darnley were present to informally discuss their application to construct and operate a Beauty Salon in an R-1 District where such a business is not permitted per the Town’s Zoning Regs.
Ms. Bush was present with Mr. Darnley and stated that this property was located on Route 209 next to Florence Rivenberg’s property. It is just South of the existing beauty salon that she rents and operates on Route 209 known as “Country Clippers”. It is a vacant lot.
Mr. Hudson recalled this piece of property by noting that there was a pony there for 35 years that died of old age.
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T/ ROCHESTER July 12, 2005
ZBA MINUTES
PRE-APPLICATION PRESENTATION
BRENDA BUSH AND RONALD DARNLEY(cont’d)– Use Variance for Beauty Salon in R-1 District
Mr. Darnley added they would be constructing a new building to house the business.
Mr. Hudson questioned if the applicants were aware that there were currently 4 salons with in a ¼ mile of each other.
Ms. Bush responded by stating that they were aware, however they were operating first out of those 4 salons and they have outgrown that tiny building that she is currently working out of. She explained that there were only 4 outlets in the building.
The Chairperson wanted to make the Board and the applicants aware that the reason for the variance is that this is an R-1 district and the use requested is not allowed in that district. The Board would need to determine if they would allow this applicant to do something that was not allowed in that zone. She had thought that this part of Route 209 was zoned commercial.
Ms. Bush explained that they searched and searched for a commercial location on Route 209, but they couldn’t afford anything. She didn’t understand why this was one of the only sections of Route 209 in the Town that wasn’t zoned commercial. There are businesses in close proximity. Some pre-exist and where Gene Cannizzaro recently built his new tire place was where the Business District started up again.
The Chairperson explained that for a Use Variance the applicants would need to prove unnecessary hardship, the hardship would have to be unique. . . maybe “spot zoning” could be an example. . .they would have to show that granting the variance wouldn’t cause an undesirable change to the character of the neighborhood, they would have to show that the hardship wasn’t self created. The Board doesn’t make decisions just based on the 4 mentioned criterion. . .the applicants should get letters from neighbors showing that they aren’t opposed to the proposal. She then explained the Advisory Request that would be sent to the Planning Board at their next meeting and noted that the ZBA has the final say. She also mentioned that it was more than likely that Board members would do a site visit.
If the applicants were granted the Use Variance requested, they would need to appear before the Planning Board for Site Plan Approval and would have to follow all of the regulations for Beauty Salons. The Ulster County Health Dept., Ulster County Planning Board, and the NYS DOT would be consulted as involved agencies. She further suggested that the applicants visit with the Code Enforcement Office at this time to find out the necessary regulations.
The applicants would be back in August for a Public Hearing after receiving their advisory opinion from the Planning Board.
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T/ ROCHESTER July 12, 2005
ZBA MINUTES
Mrs. Kawalchuk motioned to adjourn the meeting, seconded by Mr.Kingston. No discussion.
Vote: Godwin, Alt. – Yes Kawalchuck – Yes
Hudson – Yes Knudsen – Yes
Haugen De Puy- Absent Kingston – Yes
As there was nothing further to discuss, at 7:30PM Chairperson Knudsen Adjourned the Meeting.
Respectfully submitted,
Rebecca Paddock Stange
Secretary