Minutes of July 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: James Kingston Absent: Jennifer McKenzie, Alternate Stanley Hudson Beatrice Haugen-De Puy, Vice Chair Marijane Knudsen, Chairperson
Elizabeth Kawalchuk
Pledge to the Flag.
ACTION ON MINUTES
Mr. Hudson motioned to approve the minutes of the June 12, 2007 meeting. Seconded by Mr. Kingston
Vote: McKenzie, Alt. – Absent Kawalchuk – Yes
Hudson – Yes Knudsen – Yes
Haugen De Puy – Absent Kingston – Yes
PUBLIC HEARING
RUSSEL SCHWALL– 28’ Area Variance, 109 Stillerberg Strada, Kerhonkson, Tax Map# 67-3-3, ‘A’ Zone
Mr. Schwall was present on behalf of his application. He explained that he lives on Stillerberg Strada in the Quiet Mountain Estates Subdivision. He was requesting a 28’ area variance to construct his garage. Although he has 8 acres, it is very steep.
The Board viewed the original subdivision map which showed the topography that confirmed its steep slope.
Mr. Schwall wanted to put the garage beside the house as it was the most logical location. Due to the locations of the well and septic and the steep grade of the property, the only place to put the garage was where Mr. Schwall was requesting or in front of his house.
Mr. Schwall brought photos to display his hardship. He also brought a letter from his most immediate bounding owner that would be affected, Matthew Koehler stating that he had no objection to this location.
Chairperson Knudsen noted that the Planning Board rendered a favorable advisory at their June 19, 2007 meeting.
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PUBLIC HEARING
RUSSEL SCHWALL (cont’d)– 28’ Area Variance, 109 Stillerberg Strada, Kerhonkson, Tax Map# 67-3-3, ‘A’ Zone
The Chairperson opened the Hearing up to the public. There was no comment.
Mrs. Kawalchuk motioned to close the Public Hearing. Seconded by Mr. Kingston. No discussion.
Vote: McKenzie, Alt. – Absent Kawalchuk – Yes
Hudson – Yes Knudsen – Yes
Haugen De Puy – Absent Kingston – Yes
Chairperson Knudsen motioned for an Unlisted Action under SEQRA with a Negative Declaration. Seconded by Mr. Kingston. No discussion.
Vote: McKenzie, Alt. – Absent Kawalchuk – Yes
Hudson – Yes Knudsen – Yes
Haugen De Puy – Absent Kingston – Yes
Mr. Kingston motioned to approve the variance for 28’ based upon the above, testimony at the public hearing, all written documents and determining that there would be no undesirable change to the neighborhood, that there is no other remedy, it is not a substantial request and there would be no adverse negative impacts, with the following condition:
· all permits and codes for Town, County, and State be obtained.
Motion seconded by Mr. Hudson.
Vote: McKenzie, Alt. – Absent Kawalchuk – Yes
Hudson – Yes Knudsen – Yes
Haugen De Puy – Absent Kingston – Yes
PUBLIC HEARING
SOLLY AVI’-NOM- 21’ Area Variance, 8 Sieber Road, Kerhonkson, Tax Map# 59.7-2-3, ‘A’ Zone
Mr. Lockwood, Architect was present along with Mr. Avi’-Nom.
Mr. Lockwood explained that his client had problems with his house sinking into the ground due to poor construction. In doing this they wanted to expand the master bedroom and kitchen and expand the circulation.
Chairperson Knudsen noted that Mr. Avi-Nom had come before the Board in 2005 for an area variance for the rear of the house and it was quite a lengthy application process. She recalled that there were problems with the road and neighbors.
Mr. Hudson and Mrs. Haugen De Puy had driven up to the site back in the winter of 2005 and the road was in such poor shape and it wasn’t plowed after it snowed that they slid off of the road with a 4 wheel drive vehicle.
Mr. Lockwood noted that the other architect that was employed by Mr. Avi-Nom at that time didn’t give a very good layout. This way being applied for now will be better.
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PUBLIC HEARING
SOLLY AVI’-NOM (cont’d)- 21’ Area Variance, 8 Sieber Road, Kerhonkson, Tax Map# 59.7-2-3, ‘A’ Zone
Chairperson Knudsen noted that many of the members had problems finding or getting to this location to see the site.
Mr. Lockwood noted that it was a pretty isolated area.
The Chairperson noted that there were neighbors that were not very agreeable at the time.
Mr. Lockwood felt that the previous area variance that was granted was much more difficult than the one they are applying for now. He didn’t feel this would be a big impact.
Mr. Hudson and Mrs. Haugen De Puy had driven up to the site back in the winter of 2005 and the road was in such poor shape and it wasn’t plowed after it snowed that they slid off of the road with a 4 wheel drive vehicle.
The Chairperson opened the Hearing to the public.
Edward Hodel spoke and questioned if this residence would be used as a rental or a main residence. The Chairperson explained that this was not a relevant question to the application. Mr. Hodel reviewed the before and after layouts of the addition. He had no further comments.
Chairperson Knudsen noted that the Planning Board rendered a favorable advisory at their June 19, 2007 meeting.
Mr. Hudson motioned to close the Public Hearing. Seconded by Mrs. Kawalchuk. No discussion.
Vote: McKenzie, Alt. – Absent Kawalchuk – Yes
Hudson – Yes Knudsen – Yes
Haugen De Puy – Absent Kingston – Yes
Chairperson Knudsen motioned for an Unlisted Action under SEQRA with a Negative Declaration. Seconded by Mrs. Kawalchuk. No discussion.
Vote: McKenzie, Alt. – Absent Kawalchuk – Yes
Hudson – Yes Knudsen – Yes
Haugen De Puy – Absent Kingston – Yes
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PUBLIC HEARING
SOLLY AVI’-NOM (cont’d)- 21’ Area Variance, 8 Sieber Road, Kerhonkson, Tax Map# 59.7-2-3, ‘A’ Zone
Mr. Hudson motioned to grant the variance. Seconded by Mrs. Kawalchuk.
Discussion:
At the request of the applicant, the Board discussed if this was a 17’ or a 21’ Area Variance. After the Board reviewed the plans they noted that including the space of the deck, it was actually a 21’ Area Variance.
Chairperson Knudsen was very concerned with the poor conditions of the road and the fact that Mr. Avi-Nom had not yet met his conditions from the 2005 Area Variance Decision.
Mr. Avi-Nom was adamant that he would submit a Road Maintenance Agreement for his sole responsibility of the road from his property to the Town Maintained road.
Mr. Kingston questioned if the applicant would live year round here.
The Applicant replied that he’d like to once his home gets in order. This variance was part of that.
The following conditions were required:
1. The applicant shall complete a road agreement that stipulates the road is to be maintained 12’ wide and at least 10’ high with no overhanging trees.
2. should a flood occur, the road must be resurfaced.
3. there must be regular snow removal—within 36 hours after each snow fall.
4. that all permits and codes for Town, County, and State be obtained.
Vote: McKenzie, Alt. – Absent Kawalchuk – Yes
Hudson – Yes Knudsen – Yes
Haugen De Puy – Absent Kingston – Yes
OTHER MATTERS:
Chairperson Knudsen stated that on Saturday July 14th at 9am at the Accord Fire House and on Monday July 16th at 7pm at the Rochester Fire House there would be public meetings regarding the proposed zoning codes. She urged Board members to attend and noted that it would count as a training.
Mrs. Kawalchuk motioned to adjourn seconded by Mr. Hudson. No discussion. All members 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