Minutes of November 11, 2009 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 Chairman, Brian Drabkin.
Present: Absent:
Brian Drabkin, Chairman Jennifer McKenzie
Beatrice Haugen-De Puy, Vice Chair
Marijane Knudsen
James Kingston
Betty Kawalchuk
Pledge to the Flag.
ACTION ON MINUTES
Vice Chairperson Haugen De Puy motioned to accept the September 8, 2009 and October 16, 2009 Minutes. Seconded by Mr. Kingston.
Vote:
Drabkin: Yes Knudsen: Yes
Haugen De Puy: Abstain Kawalchuk: Yes
Kingston: Yes McKenzie, alt: Absent
BRUCE & KATHLEEN TORREY– 187 Dewitt Road, Lot #8 in the Martamas Subdivision, Tax Map #60.3-5-2,R-2 District, Area Variance for being closer to the street than the principle structure, 140-13C.(2).
Chairman Drabkin opened the Public Hearing at 7:02PM.
Mr. Torrey was present on behalf of his application. Applicants own a residence at 187 Dewitt Road, in the Town of Rochester. Applicant needs an Area Variance for constructing a shed for storage purposes closer to the street than the principle structure 140-13C.(2). Applicants could not meet the required Zoning Statute 140-13C.(2). due to the placement of their septic, leach field, driveway and physical constraints of the property such as steep slopes and the property was heavily wooded. Applicant also noted that another reason for the placement of the shed in this area was to be environmentally conscious, as he didn’t want to cut down trees. Applicant stated that the shed would be a natural barn siding and a natural color that blended into the surrounding area.
Bounding Property owners, Zali Win and Motria & Marko Shuhan submitted letters in favor of the variance.
Chairman Drabkin motioned for the Town of Rochester ZBA to be Lead Agency with an Unlisted Action and a Negative Declaration under SEQRA. Motion was seconded by Vice Chairperson Haugen De Puy. No discussion.
Vote:
Drabkin: Yes Knudsen: Yes
Haugen De Puy: Yes Kawalchuk: Yes
Kingston: Yes McKenzie, alt: Absent
Board Member Kawalchuk Motioned to close the Public Hearing. Seconded by Mr. Kingston. No discussion.
Vote:
Drabkin: Yes Knudsen: Yes
Haugen De Puy: Yes Kawalchuk: Yes
Kingston: Yes McKenzie, alt: Absent
Chairman Drabkin motioned to approve the Applicant’s request for a 12’ x 12’ accessory structure to be located in front of the principle structure as per site plan submitted by the applicant and received by the ZBA Office on October 27, 2009 showing the accessory structure located +/- 37’ 3” from the edge of the right of way as determined by the Town of Rochester Zoning Laws, with the following conditions:
o All Local, Town, County, and State permits are granted and regulations complied with.
o Applicant shall be responsible for costs associated with publishing legal notice in the Daily Freeman and notice of hearing mailings to known bounding owners.
Motion seconded by Mr. Kingston. Board Member Knudsen noted that although the request is self created, it does not have a negative effect on the environment and will not have an adverse change to the neighborhood. The ZBA applied the balancing test and criteria in which to grant an Area Variance and finds the application to meet the criteria for the Area Variance.
Vote:
Drabkin: Yes Knudsen: Yes
Haugen De Puy: Yes Kawalchuk: Yes
Kingston: Yes McKenzie, alt: Absent
OTHER MATTERS
Board Member Knudsen motioned to recommend to the Town Board to re-appoint Board Member Haugen De Puy if she was interested in having her term re-instated. Seconded by Chairman Drabkin.
Vote:
Drabkin: Yes Knudsen: Yes
Haugen De Puy: Abstain Kawalchuk: Yes
Kingston: Yes McKenzie, alt: Absent
Board member Knudsen motioned to have the secretary draft a letter to the Town Board recommending the ZBA’s unanimous decision to reappoint Mrs. Haugen De Puy to the Board for another term.
Vote:
Drabkin: Yes Knudsen: Yes
Haugen De Puy: Abstain Kawalchuk: Yes
Kingston: Yes McKenzie, alt: Absent
Vice Chairperson Haugen De Puy, motioned to adjourn the meeting seconded by Chairman Drabkin. No discussion. All members present, in favor.
As there was no further business to discuss, Chairman Drabkin adjourned the meeting at 7:32 PM.
Respectfully submitted,
Rebecca Paddock Stange, Secretary