ZBA Minutes Oct. 16, 2009

Minutes of October 16, 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                                 James Kingston
        Beatrice Haugen-De Puy, Vice Chair              Betty Kawalchuk
        Marijane Knudsen                                        Jennifer McKenzie
Pledge to the Flag.

 

PRE-APPLICATION PRESENTATION
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).  

 

Mr. Torrey was present on behalf of his application.

 

Chairman Drabkin noted that this is the first ZBA meeting under the newly adopted Zoning Ordinance. The applicant is proposing a 12 x 12 shed.

 

Mr. Torrey thanked the Board members in attendance for coming out on a Friday evening to hear his case. Everything has shifted on this application since he first started because of the adoption of the new Codes. He had started out by having his neighbor and contractor Hoppe Quick measure what his setbacks from the house to the center of the road would be and the distance from the proposed shed to the center of the road. He originally needed a variance because the shed was in the front yard and because the shed would only be 43’ from the road where it needed to be 60’. Since the adoption of the new code, he now needs an Area Variance because from what he has read and learned that if the house is 100’ from the edge of the right of way, the shed could be in the front yard, but no closer than the required setback, which in this district is 35’. Because Dewitt Road does not have a right of way of record, the Code says you have to measure 25’ from the center of the road and that measurement is your determined right of way that you base setbacks and things like that off of. So, the house turns out to be 72’ from the edge of the right of way.

 

Vice Chairperson Haugen De Puy, questioned what the applicant’s deed read?

 

Chairman Drabkin noted that if the ZBA grants the variance, it becomes confusing on how to word.

 

Vice Chairperson Haugen De Puy,  was stuck on how the deed read.

 

Chairman Drabkin noted that it wasn’t based on the deed- it was the law that determined the assumed right of way being 50’ for measurement purposes.

 

Mrs. Paddock Stange, Secretary noted that she checked with the applicant, the Assessor’s Office, and the
PRE-APPLICATION PRESENTATION
BRUCE & KATHLEEN TORREY(cont’d)- 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).  

 

Highway Dept. and they all confirmed that Dewitt Road does not have a right of way of record and therefore he was required to assume a 50’ right of way and finding the points of measurement by measuring 25’ from the center of the actual road.

 

Chairman Drabkin noted that this was just to determine a distance—a point of measurement—it did not mean that Dewitt Road  now had a 50’ legal right of way for the purposes of this variance.

 

Vice Chairperson Haugen De Puy questioned how this was legal?

 

Chairman Drabkin noted that they had a training with Tom Shepstone, the consultant on the new Codes, on Monday night and she could question this then, but for tonight, this was the law that the ZBA had to go off of. He suggested scheduling the Public Hearing, having the training with Mr. Shepstone on Monday evening and they can question him then on this. They have 30 days to fine-tune this.

 

Board Member Knudsen questioned if this went under the old law with Zoning?

 

Mrs. Paddock Stange, Secretary, noted that this falls under the new Zoning. Mrs. Christiana, Town Attorney was consulted and made it very clear that because the ZBA’s meeting didn’t fall until after the new code was adopted, this was to be addressed under the new law.

 

Vice Chairperson Haugen De Puy,  stated that as soon as well-educated people could understand this new law, she could give a decision.

 

Chairman Drabkin felt that the process wasn’t much different. He didn’t like the language. It needed to have different language.

 

Mr. Torrey showed the Board the placement of the driveway on the site plan and noted that the driveway ends near where they wanted to the shed to be. He lives full time in Connecticut, but owns his home here on Dewitt Road. The placement of this shed is basically for the purposes of snow removal. The property is lightly wooded and is only cut out where the house and driveway are. The shed will be brown with barn siding. He wants it to  meld into the area and having it blend into the neighborhood. The septic is 20’ – 30’ beyond the driveway and he would need to cut in a new driveway if he were going to place the shed on the other side of the house and that would be costly.
PRE-APPLICATION PRESENTATION
BRUCE & KATHLEEN TORREY(cont’d)- 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).  

 

Board Member Knudsen apologized for a full Board not being in attendance. There is a certain criteria that the Board has to follow when reviewing an Area Variance and making a decision. In order to grant a variance, the ZBA must consider if the applicant’s benefit to the detriment to health, safety and welfare of the community is substantial.~ The ZBA must consider:
·       whether the applicant can achieve this request by other means;~~
·       whether the application  will cause an undesirable change in the neighborhood character or nearby properties;
·       whether the request is substantial;
·       whether the situation is self created;
·       whether the request will have an adverse impact on the environment.
She continued to explain that this is a Pre-application meeting where the ZBA gets to hear the preliminary explanations of the applicant and the ZBA advises the applicant on how to proceed. The applicant should find out who their neighbors are and let them know what they want to do and get letters of support if they can. Also to provide pictures to better display the applicant’s case. The ZBA is building a legal record of why they varied the law should the approve this.

 

Chairman Drabkin agreed noting that should the ZBA approve this, one thing to consider is to require selecting a natural color to fit into area.

 

Board Member Knudsen noted that the ZBA  granted an Area Variance a number of years ago and one of the favorable things that led to that decision was to blend the shed into the land to minimize the impact. It really was effective.

 

Vice Chairperson Haugen De Puy,  motioned for a Public Hearing on November 10, 2009.
Board Member Knudsen seconded the motion adding to it, that this application be sent to the Planning Board for their advisory opinion. No discussion.
Vote:
Drabkin:        Yes                                                     Knudsen:                Yes
Haugen De Puy:  Yes                                                     Kawalchuk:              Absent
Kingston:       Absent                                                  McKenzie, alt:  Absent

 

ACTION ON MINUTES
The Board tabled the minutes until the next meeting.
OTHER MATTERS

 

Board Member Knudsen questioned why the Board’s regularly scheduled meeting was cancelled for this past Tuesday, October 13, 2009?

 

Chairman Drabkin noted that there was confusion regarding the new law.

 

Board Member Knudsen stated that this should have been discussed with the Board as a whole at the Tuesday Meeting.

 

Vice Chairperson Haugen De Puy, stated that if the Town didn’t get the law so that people could understand it, it was going to cost the Town more money if we couldn’t read it without the guidance and interpretation of the Town Attorney each time. The cost of the legal bills is going to outweigh the good of the law. She asked this to be put into laymen’s terms and she’ll ask Mr. Shepstone again.

 

Vice Chairperson Haugen De Puy,  motioned to adjourn the meeting seconded by Board Member Knudsen. No discussion. All members present, in favor.

 

As there was no further business to discuss, Chairman Drabkin adjourned the meeting at 7:30 PM. 
                                                                
                                                                Respectfully submitted,
                                                                

 

                                                                 Rebecca Paddock Stange, Secretary