Minutes of November 9, 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: Elizabeth Kawalchuk Absent: Beatrice Haugen-De Puy
Stanley Hudson
Marijane Knudsen, Chairperson
Robert Godwin, Alternate James Kingston
Because Mrs. Haugen-De Puy was absent, Alternate Bob Godwin sat on the Board in his place.
Pledge to the Flag.
ACTION ON MINUTES
Mr. Hudson motioned to approve the minutes of the October 11, 2005 meeting seconded by Mr. Kingston.
Vote: Godwin, Alt. – Yes Kawalchuk – Yes
Hudson – Yes Knudsen – Yes
Haugen De Puy- Absent Kingston – Yes
PUBLIC HEARING
CAPTAIN OMNIPOTENT– c/o Victorian Builders, needs 35’ Front , 25’ Rear, and 20’ Side Yard Area Variances for warehouse storage on existing manufacturing business, Tax Map #76.10-1-9.2, ‘I’ District
David Barra was present on behalf of the corporation, Captain Omnipotent, along with his builder, Brian Squire of Victorian builders. Mr. Barra’s partner, Martin Trumbore represented the application at the previous meeting, but was unable to attend this meeting.
Chairperson Knudsen explained that this was a Public Hearing for the requested area variances. All adjoining land owners were notified by mail of the Public Hearing and were given the opportunity to appear at this meeting.
Mr. Squire noted that basically they were looking to build a pavilion to cover the granite that was stored outside so they would have full year use of the facility to display their materials. This was a simple addition to a pre-existing business on the private section of Old Mine Road. The pavilion would be about 10,000 sf, 120’ x 75’. It happened to encroach on front, rear and side boundary but this is the only place they could put it on the
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ZBA MINUTES
PUBLIC HEARING
CAPTAIN OMNIPOTENT– c/o Victorian Builders
property. On the other end of the land there is a drop off. This is the only place. Mr. Squire presented the Board with photos of the property and photos of what the pavilion would look like superimposed on parcel.
The Chairperson noted that the applicant was seeking 35’ Front , 25’ Rear, and 20’ Side Yard Area Variances and that in the ‘I’ district the setbacks were 60’ Front, 40’ side, and 50’ rear. She noted that the Applicant needs to prove his case to the Board and show that he can’t achieve this by any other means and that it won’t cause an undesirable change to the neighborhood, that the request isn’t substantial, and whether there would be any physical or environmental effects.
Mr. Squire reiterated that on the back side the property sloped and on the other end of the property it came out and dropped down also…it would have to be built up considerably to achieve this. He presented aerial shots to the Board.
The Chairperson explained that the ZBA had to look at this application and they had to follow a balancing test:
The standard to be used is the weighing of the benefit to the applicant against the detriment to the health, safety and welfare of the neighborhood or community if the variance is granted. In making this determination, the ZBA must take into account the following factors:
(1) Whether an undesirable change will be produced in the character of the neighborhood, or a detriment to nearby properties will be created;
(2) Whether the applicant can achieve his goals via a reasonable alternative which does not involve the necessity of an area variance;
(3) Whether the variance is substantial;
(4) Whether the variance will have an adverse impact on physical or environmental conditions in the neighborhood or district;
(5) Whether there has been any self-created difficulty.
Chairperson Knudsen noted that she and Mrs. Kawalchuk were at the site before the meeting and understood the situation and lay of the land.
Mr. Hudson and Mr. Godwin had also made individual visits to the site.
The Chairperson commented that the pictures presented were very good and showed a great picture of what is there and what they are working against.
Mr. Squire noted that each building was a little wider than the next and the pavilion would follow suit. The middle building is about 50’ x 160’ and the pavilion would be increased by 20’ in width.
Mr. Barra stated that the area in question currently has a chain linked fence around it.
Mr. Squire noted that at this point they wouldn’t have any interest in enclosing the sides.
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ZBA MINUTES
PUBLIC HEARING
CAPTAIN OMNIPOTENT– c/o Victorian Builders
Chairperson Knudsen opened the Hearing to the public. She read advisory report from the Planning Board dated October 20, 2005 7 members in favor and no one opposed. She then read November 4, 2005 letter into the record from bounding property owner, David O’Halloran c/o Taroh Holding in favor of the addition and variance noting that they provide the community with jobs and need the pavilion to continue their business in a positive direction.
There were no other comments from the public.
Mr. Kingston didn’t believe this request would have any detriments to the community.
Mrs. Kawalchuk motioned to close the Public Hearing. Seconded by Mr. Hudson. No discussion.
Vote: Godwin, Alt. – Yes Kawalchuk – Yes
Hudson – Yes Knudsen – Yes
Haugen De Puy- Absent Kingston – Yes
Mrs. Kawalchuk motioned for the ZBA to be Lead Agent and that the action be typed as unlisted with a Negative Declaration according to SEQRA as there would be no impacts to the environment. Seconded by Mr. Hudson.
Vote: Godwin, Alt. – Yes Kawalchuk – Yes
Hudson – Yes Knudsen – Yes
Haugen De Puy- Absent Kingston – Yes
Chairperson Knudsen explained that they have 45 days in which to return a decision on the 35’ Front , 25’ Rear, and 20’ Side Yard Area Variances based on the mentioned balancing test.
Mr. Hudson motioned to grant the 35’ Front , 25’ Rear, and 20’ Side Yard Area Variances because there are no impacts on the community, it isn’t self created. Seconded by Mr. Kingston with the following conditions:
1. If applicant wishes to enclose the pavilion he would have to apply to the Code Enforcement Office and go to the Planning Board for applicable review.
2. Pavilion shall be constructed of non combustable materials
3. Applicant shall comply with all building, State, County, and local laws.
Vote: Godwin, Alt. – Yes Kawalchuk – Yes
Hudson – Yes Knudsen – Yes
Haugen De Puy- Absent Kingston – Yes
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ZBA MINUTES
OTHER MATTERS
REAPPOINTMENTS:
Mrs. Kawalchuk motioned to recommend to the Town Board for the reappointment of the Secretary, Rebecca Paddock Stange, for the 2006 year. Seconded by Mr. Kingston.
Vote: Godwin, Alt. – Yes Kawalchuk – Yes
Hudson – Yes Knudsen – Yes
Haugen De Puy- Absent Kingston – Yes
Mr. Hudson motioned to recommend to the Town Board for the reappointment of Mrs. Haugen- De Puy as Vice Chairperson for the 2006 year. Seconded by Mrs. Kawalchuk.
Vote: Godwin, Alt. – Yes Kawalchuk – Yes
Hudson – Yes Knudsen – Yes
Haugen De Puy- Absent Kingston – Yes
Mr. Hudson motioned to recommend to the Town Board for the reappointment of Ms. Knudsen as Chairperson for the 2006 year. Seconded by Mrs. Kawalchuk.
Vote: Godwin, Alt. – Yes Kawalchuk – Yes
Hudson – Yes Knudsen – Yes
Haugen De Puy- Absent Kingston – Yes
Mr. Hudson motioned to recommend to the Town Board for the reappointment of Ms. Knudsen to the ZBA for another 5 year term.
Vote: Godwin, Alt. – Yes Kawalchuk – Yes
Hudson – Yes Knudsen – Yes
Haugen De Puy- Absent Kingston – Yes
TRAININGS
The Chairperson requested that the Board’s Liaison, Francis Gray check with the Town Board in regards to holding a training in January at the Town Hall. Dennis Doyle could hold it from the County Planning Board and they could invite other Towns to attend for a couple hours in an evening.
She also announced that there was a meeting at the County Building on December 14, 2005 on affordable housing for anyone interested in attending.
Mrs. Kawalchuk motioned to adjourn the meeting, seconded by Mr. Kingston. No discussion.
Vote: Godwin, Alt. – Yes Kawalchuk – Yes
Hudson – Yes Knudsen – Yes
Haugen De Puy- Absent Kingston – Yes
As there was nothing further to discuss, at 8:00PM Chairperson Knudsen Adjourned the Meeting.
Respectfully submitted,
Rebecca Paddock Stange
Secretary