Minutes of December 13, 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:
Stanley Hudson
Marijane Knudsen, Chairperson
Robert Godwin, Alternate
James Kingston
Beatrice Haugen-De Puy, Vice Chair
Also present was Town Attorney, Mary Lou Christiana, Esq.
Pledge to the Flag.
ACTION ON MINUTES
Mr. Hudson motioned to approve the minutes of the October 11, 2005 meeting seconded by Mrs. Kawalchuk.
Vote: Godwin, Alt. – in audience Kawalchuk – Yes
Hudson – Yes Knudsen – Yes
Haugen De Puy- Yes Kingston – Yes
PRE-APPLICATION PRESENTATION
RICHARD GELDARD & ASTRID FITZGERALD– Appeal for Hudson Valley Resort Zoning Permit #325 for an arcade and supporting areas for a water park facility along with updated meeting rooms and kitchen facilities plus 100 family style rooms to replace existing rooms, 400 Granite Road, R-1 District, Tax Map#76.4-1-56.1
Mr. Geldard & Ms. Fitzgerald were present on behalf of their appeal.
Chairperson Knudsen welcomed the applicants and introduced the Board Members. She explained that this was an informal meeting and wanted to let the Applicants know the process so they would know what to expect. She noted that the Board hasn’t had an appeal in a while so, she circulated copies of the appeal process from the Code to members and interested parties. She also noted there were time lines to follow for a Planning Board advisory and then the Public Hearing could be scheduled 45 days after the Planning Board was notified of this advisory request under Section 140-62. She explained the ZBA’s duties and powers over an appeal application.
Mr. Geldard questioned if the Public Hearing was to turn into a debate with the Hudson Valley Resort representatives?
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ZBA MINUTES
The Chairperson explained that it would not. All public comment was to be directed to the Board and the Hudson Valley Resort was free to speak during that public comment period. She also indicated that the Board could request the presence of the CEO to help clarify his decision to help in the ZBA’s decision. Basically the ZBA’s goal is to get as complete of a record as they can prior to making their decision within 62 days of closing the public hearing.
The Applicants questioned if the video tape of the PB meeting where the Hudson Valley Resort was discussed would be relevant in their argument?
The Chairperson responded that the Applicants could present any material or witnesses in which they feel would best defend their case. Again, the ZBA is building a record to be as complete as possible as this case may go further on to the Supreme Court if it is appealed again after the ZBA makes their decision.
Mr. Geldard stated that he would have liked to have had cleaner copies of the Zoning Permit #325 of 2005 for their case.
Chairperson Knudsen gave Mr. Geldard her file copy of the document.
Ms. Fitzgerald noted that she was concerned with pollution to the Rondout Creek. Should she bring information supporting that?
The Chairperson stated that the applicants should include any information that they find to be relevant to their appeal.
Mr. Geldard questioned if the ZBA would go directly by the Code in this appeal…Section 140-40?
Town Attorney, Mary Lou Christiana, Esq., noted that the Appeal here is against the Determination of the Code Enforcement Officer and that is what the ZBA will be focusing on.
The Chairperson agreed with Mrs. Christiana. The ZBA is looking at the Determination of the CEO. The Public Hearing will not be a word volley back and forth.
Mr. Geldard questioned what was to happen if the ZBA Accepts the Appeal.
The Chairperson stated that the ZBA would render the decision to the CEO and he would abide by their decision. The advisory to the Planning Board is just that, an advisory. The ZBA takes their opinion into consideration, but doesn’t have to abide by their findings.
Mrs. Christiana added that if the decision was positive, then the HVR would have to go to the Planning Board for the Special Use Permit.
Mr. Geldard questioned if during this time could the HVR build?
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ZBA MINUTES
Mrs. Christiana answered that they could not build, but could proceed with internal operations under 140-62(4). They have been notified that the representative for the Hudson Valley Resort, Robert Burrick, is away on business in China and could not attend this meeting, but would be notified of what took place.
The Board noted that the earliest they could schedule the Public Hearing is on January 25, 2006.
The Chairperson instructed the applicants to call the secretary should they have any questions between now and then.
OTHER MATTERS
Mrs. Haugen- De Puy noted that she had a conflict with the January 25, 2006 Public Hearing date. The Board discussed this and determined that the 26th would be fine.
Mrs. Haugen De Puy motioned to schedule the Public Hearing on January 26, 2006 and also allow for that date to serve as the Board’s monthly meeting and to commence at 7:30 PM at the Town Hall. Seconded by Mrs. Kawalchuk.
Vote: Godwin, Alt. – in audience Kawalchuk – Yes
Hudson – Yes Knudsen – Yes
Haugen De Puy- Yes Kingston – Yes
Mr. Hudson motioned to adjourn. Seconded by Mrs. Haugen De Puy. All members present in favor.
As there was no further business to discuss, Chairperson Knudsen adjourned the meeting at 7:45 PM.
Respectfully submitted,
Rebecca Paddock Stange
Secretary