Minutes of May 9, 2006 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: James Kingston
Stanley Hudson
Marijane Knudsen, Chairperson
Robert Godwin, Alternate Beatrice Haugen-De Puy, Vice Chair
Pledge to the Flag.
ACTION ON MINUTES
Mrs. Haugen-De Puy motioned to approve the minutes of the January 26, 2006 meeting seconded by Mr. Hudson.
Vote: Godwin, Alt. – Yes Kawalchuk – Yes
Hudson – Yes Knudsen – Yes
Haugen De Puy – Yes Kingston – Absent
PRE-APPLICATION PRESENTATION
PETER & KYRA GREWELING– 222 Towpath Road, two story addition to include attached garage, 7’ 6” from corner of garage to rear property line, 77.1-3-24.1, R-1 District
Mr. & Mrs. Grewling were present on behalf of their request along with Architect, Rob Dupont.
Chairperson Knudsen explained the location of this request for an area variance. She noted that it was between St. Josen and Lawrence Hill Road on the Tow Path. It was not the trailer, it was the first house on the right.
The property in question was +/- 1 acre and the existing house was 1,200 sf. There was a shed, driveway, septic, and well also on the property.
Mr. Dupont explained that the proposed addition was 24’ x 24’ and the lower half consisted of a garage and the upper portion was going to be their master bedroom suite. The house was modest the way it was set up now. They were not adding a bedroom to the house, just reconfiguring the layout, so the Health Dept. would not need to be involved. They were going to turn their old bedroom into a study or office space. Mr. Greweling is a Chef by trade and they would be expanding the front of the house to make the kitchen bigger. This house was built in 1993.
Mr. Godwin asked why they couldn’t put the addition somewhere else on the property where they could meet their setbacks?
T/ ROCHESTER PAGE 2
ZBA MINUTES MAY 9, 2006
PRE-APPLICATION PRESENTATION
PETER & KYRA GREWELING(cont’d)– 222 Towpath Road, two story addition to include attached garage, 7’ 6” from corner of garage to rear property line
Mr. Dupont responded that currently the 1 car garage is off of the existing paved driveway, so to change a paved driveway location would be very expensive. There is also problems with the grade of the property which would only allow the placement to be as shown on the site plan. The Septic and well locations also would be compromised. They have looked at the property and this is the best setting for the addition. The existing garage would be demolished, and a few trees would have to be removed. The garage would be used for storage.
Chairperson Knudsen explained that there was a balancing test in which the Board needed to follow in reviewing a request for an area variance. The rear yard setback for a 1 acre lot is 40’ and the applicants are requesting a 32.5 foot area variance and the Board would need to ensure that they are giving the least amount of a variance in order for the applicants to achieve their request. The next step would be for the applicants to file the area variance application and attend the May 16, 2006 Planning Board meeting for an advisory opinion. The Public Hearing would then be set for the June 13, 2006 meeting where the bounding owners would be notified and given the opportunity to give their opinions. It would also be posted in the paper and on the website.
Mrs. Greweling noted that they have consulted with their rear neighbor when they were starting to plan this and the neighbor had no problems with it.
Chairperson Knudsen stated that the Board needed to build a record to prove that they reviewed this application fully. She suggested that Mrs. Greweling obtain a letter from her neighbor as in building this record the Board needs to demonstrate that they have not been arbitrary in rendering a decision. Board members may make site visits and once they feel that they have had adequate public input and a complete application, they would render their decision and this would hopefully take place in June.
Mrs. Haugen- De Puy requested that the applicants submit a letter of cost on how much it would be to relocate their driveway. Something like this would prove hardship.
Mr. Dupont said that he would and noted that he doesn’t like to ask for variances, and when he does they are a last resort.
Mr. Hudson motioned to adjourn. Seconded by Mrs. Kawalchuk. All members present in favor.
As there was no further business to discuss, Chairperson Knudsen adjourned the meeting at 8:00 PM.
Respectfully submitted,
Rebecca Paddock Stange
Secretary