Minutes of September 8, 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
Beatrice Haugen-De Puy, Vice Chair
Marijane Knudsen
James Kingston
Jennifer McKenzie, Alternate
Elizabeth Kawalchuk
Pledge to the Flag.
ACTION ON MINUTES
Mrs. Haugen De Puy, Vice Chair, motioned to approve the August 11, 2009 minutes. Seconded by Board Member Kawalchuk. No discussion.
Vote:
Drabkin- Yes Knudsen- Abstain
Haugen De Puy- Yes Kawalchuk- Yes
McKenzie, Alt- Not required to participate Kingston- Yes
PUBLIC HEARING
ROBERT HULL– AV for side yard setback for 2 car garage, 485 Stony Kill Road, Accord, Tax Map # 76.4-3-57, R-1 District
Mr. & Mrs. Hull were present on behalf of their application. They presented letters from bounding owners, David and Edith Short, Ronald and Lisa Hull, and Chris Cilenti, all in favor of the variance, all noting that it would be a nice addition to the property. Applicants noted that they were requesting a 20’ Area Variance on their side yard setback to construct a garage. They presented photos to the Board explaining that their septic system and leach field are next to their house and this is one reason they need to build the garage where they are proposing. The Leech field drains in the back and down below it is very wet in general. He staked out where the garage would be on the property. They weren’t proposing to attach the garage to the house- they have a basement garage under their home and if they attached it, this would prevent them from utilizing the basement garage.
Board Member Kingston, Board Member Kawalchuk, and Chairman Drabkin all conducted site visits. Board Member Knudsen was also up to speed on the application having read the minutes and viewed the application.
Chairman Drabkin questioned if they would be putting electric in the garage?
PUBLIC HEARING
ROBERT HULL(cont’d)– AV for side yard setback for 2 car garage, 485 Stony Kill Road, Accord, Tax Map # 76.4-3-57, R-1 District
Mr. Hull noted that yes, money permitting they would have electric installed at the time of construction. He was aware that a fire underwriter would need to inspect it and sign off on it.
Chairman Drabkin opened the Hearing to the public at 7:02PM.
A Bounding owner was present and in favor of the variance.
Chairman Drabkin noted that the ZBA has received a favorable advisory from the Planning Board dated August 26, 2009.
Mrs. Haugen De Puy, Vice Chair, motioned for the ZBA to be Lead Agency with an Unlisted Action and a Negative Declaration under SEQRA as there will be no significant impacts to the environment. Seconded by Board Member Kingston. No discussion.
Vote:
Drabkin- Yes Knudsen- Yes
Haugen De Puy- Yes Kawalchuk- Yes
McKenzie, Alt- Not required to participate Kingston- Yes
Board Member Kingston motioned to close the Public Hearing at 7:05PM. Seconded by Board Member Kawalchuk. No discussion.
Vote:
Drabkin- Yes Knudsen- Yes
Haugen De Puy- Yes Kawalchuk- Yes
McKenzie, Alt- Not required to participate Kingston- Yes
Board Member Kawalchuk noted that she visited the parcel today and the only bounding owner who might complain would be the applicant’s own brother.
Based upon the testimony at the public hearing, and all written documents, the Vice Chairperson Haugen De Puy motoined to approve the Applicant’s request for an Area Variance for 20’ to construct a 2 car garage at 485 Stony Kill Road with the following conditions:
1. Should electric be installed, Applicants shall abide by all applicable codes.
2. All Local, Town, County, and State permits shall be required and regulations complied with.
Seconded by Board Member Kawalchuk.
Vote:
Drabkin- Yes Knudsen- Yes
Haugen De Puy- Yes Kawalchuk- Yes
McKenzie, Alt- Not required to participate Kingston- Yes
Chairman Drabkin motioned to adjourn the meeting seconded by Board Member Kawalchuk. No discussion. All members present, in favor.
As there was no further business to discuss, Chairman Drabkin adjourned the meeting at 7:09 PM.
Respectfully submitted,
Rebecca Paddock Stange, Secretary