Minutes of April 10, 2007 of the Town of Rochester Zoning Board of Appeals, held at the Town Hall, Accord, NY.
Meeting was called to order at 7:00 PM by Chairperson, Marijane Knudsen.
Present: Beatrice Haugen-De Puy, Vice Chair
James Kingston
Jennifer McKenzie, Alternate Stanley Hudson
Elizabeth Kawalchuk
Marijane Knudsen, Chairperson
Pledge to the Flag.
ACTION ON MINUTES
Mr. Hudson motioned to approve the minutes of the January 9, 2007 meeting. Seconded by Mrs. Haugen De Puy.
Vote: McKenzie, Alt. – Not required to participate Kawalchuk – Yes
Hudson – Yes Knudsen – Yes
Haugen De Puy – Yes Kingston – Yes
CONTINUED PUBLIC HEARING
CHARLES & SANDRA RANDALL- +/-15’ Area Variance for insufficient lot width, 1971 Berme Road, Tax Map #76.4-2-28.230, R-1 & ‘F’ District
Chairperson Knudsen explained that the applicant has withdrawn his request for this variance as he no longer is in need of it. He amended his survey to give both lots the required 160’ of lot width, and therefore is no longer in need of the variance. There was also a letter from the Code Enforcement Office dated 4/6/07 stating that they have viewed the revised map that has been filed with the County by the applicant and it meets the Town Codes.
Mr. Kingston motioned to accept the applicants withdrawal based on the above information. Seconded by Mr. Hudson. No discussion.
Vote: McKenzie, Alt. – Not required to participate Kawalchuk – Yes
Hudson – Yes Knudsen – Yes
Haugen De Puy – Yes Kingston – Yes
As this was still technically a Public Hearing, the Chairperson recognized members of the audience to speak.
Bounding owner Greg Cruikshank wanted to know how he could get copies of how all this had transpired.
The Chairperson showed Mr. Cruikshank the Density Control Schedule in the Zoning Ordinance where it specifies the need for 160’ of lot width and 50’ of road frontage.
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ZBA MINUTES April 10, 2007
PRE-APPLICATION PRESENTATION
Robert & Elizabeth Young & John & Linda Parisio– c/o Brooks & Brooks Land Surveyors, 17’ Variance for increasing a side yard setback, yet still not meeting required 40’ side yard setback, Tax Map # 68.1-2-10 & 13, ‘A’ District
Patty Brooks of Brooks & Brooks Land Surveying was present along with her client, Elizabeth Young and Mrs. Young’s grandson, David Duffy.
Mrs. Brooks explained that the lot line between the Young’s and the Parisio’s was discovered to go right through the Parisio’s house. Neither party had ever had a survey. They built their houses over 30 years ago, and back then, banks didn’t require surveys. The Young’s were considering splitting a piece of their land off for their grandson, Mr. Duffy and hired Brooks & Brooks to do the survey and this is what they found out. They approached the Parisio’s and the Parisio’s hired an independent surveyor who came up with the same findings. They had all assumed that the stone wall between the houses was the boundary, as it’s the natural one and quite appropriate. So, they were here to try and take a pre-existing non conforming situation and make it better by conveying the Parisio’s the property up to the stone wall to make that the boundary. This was agreeable to both parties.
Chairperson Knudsen questioned if the Young’s had considered moving the lot line further to give the Parisio’s the appropriate 40’ setback instead of just 17’.
Mrs. Brooks answered that the Young’s were only interested in conveying the property up to the stone wall as that makes a natural boundary and is what they thought they owned all these years anyway.
The Board was all in agreement that this was an understandable situation. They requested pictures to see the stone wall.
At this time the Chairperson explained the criteria for issuing a variance. It was a balancing test for the Board to consider if this would cause an undesirable change to the community or if it could be achieved by any other means, or if the problem was self created.
Mrs. Brooks understood this and offered that this was done prior to the institution of zoning in this Town.
The Chairperson explained that the applicant would be required to attend the Planning Board’s April 17, 2007 meeting for an advisory opinion and then they’d be back in front of the ZBA in May for their Public Hearing.
T/ ROCHESTER PAGE 3
ZBA MINUTES April 10, 2007
OTHER MATTERS
The Chairperson announced that 2.5 hours of appropriate material deemed by the Chairperson of the Board was now to constitute one training. She noted that the Zoning Task Force was holding informational meetings that members could attend and she’d consider that a training as it was valuable information for a member to be familiar with.
Mrs. Haugen De Puy wanted the Board to consider asking the Town Board to allow the Town to have Career Track come to the Town to hold a training on “How to Deal with Difficult People”. She noted that a regular training in Poughkeepsie or wherever they were offering it was $99 per person, but if they held a training in Town it was $3,300 for the first 35 people and an additional $50 for each person thereafter.
Chairperson Knudsen noted that they would contact Alex Miller, the Board’s Liaison as a first step to get his feed back on the request before they would research ways to offset the cost and organize the event. She felt that this could be something that could get scheduled for the Fall.
The Board agreed.
Mr. Hudson motioned to adjourn. Seconded by Mrs. Haugen De Puy. No discussion. All members present in favor.
As there was no further business to discuss, Chairperson Knudsen adjourned the meeting at 7:30 PM.
Respectfully submitted,
Rebecca Paddock Stange, Secretary