Minutes of February 9, 2010 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
Marijane Knudsen
Jennifer McKenzie
Betty Kawalchuk
Alternate McKenzie sat on the Board as a regular meeting due to Board Member Kingston’s absence.
Pledge to the Flag.
ACTION ON MINUTES
The November Minutes were not yet complete so they would be tabled until the next meeting.
PRE-APPLICATION PRESENTATION
VINCI FARMS, LLC, c/o Jeremy Jones– Use Variance for Recording Studio, 311 Clay Hill Road,
Kerhonkson, Tax Map # 76.1-1-22.11, AR-3 District
James Reynolds, Architect, was present on behalf of the application.. Mr. Reynolds noted that this property has been used for commercial purposes for years. They requesting a Use Variance because they are changing the use of the commercial building. This property used to be a part of the Tarrantino Farms and Pine Grove Dude Ranch. The property was used for commercial horse breeding and the barn was used for an indoor horse arena where they used to have horse shows that were open to the public. His clients who make up Vinci Farms, LLC purchased the property a few years ago. Some of the historical usage of the property continues, but this application is to change the use from commercial recreation to a more mixed use identified in the Zoning Ordinance as a recording studio. Mr. Reynolds met with the Code Enforcement Officer, and explained what their intentions were for the property and this was what Mr. Davis, CEO classified the proposed use as. Because a recording studio is not permitted in an AR-3 District, they were directed to apply for a Use Variance with the ZBA. When this was used for commercial recreation there was horse breeding, storage, stables and offices. Under the current zoning this would be an arena. The original usage took place in the mid 70’s. The Variance would alter the building internally into a recording studio and stay within the existing footprint of the barn.
Vice Chairperson Haugen De Puy, stated that the Board would want to see documentation on the pre-existing use stating who owned the property and the specific dates.
Mr. Reynolds noted that they had publications that showed that.
PRE-APPLICATION PRESENTATION
VINCI FARMS, LLC, c/o Jeremy Jones (cont’d)– Use Variance for Recording Studio, 311 Clay Hill Road, Kerhonkson, Tax Map # 76.1-1-22.11, AR-3 District
Vice Chairperson Haugen De Puy, noted that these publications are from Tara Farms. The ZBA would need to see documentation; any permits that showed who owned the property and what the use was from Town Records and not brochures or publications from the Pine Grove. Vice Chairperson Haugen De Puy said that the ZBA needs these documents to establish a record.
Chairman Drabkin read the criteria for a Use Variance as per 140-66B. of the Town Code:
B. Use variances.
(1) The Zoning Board of Appeals, on appeal from the decision or determination of the administrative officials
charged with the enforcement of this law, shall have the power to grant use variances, as defined herein.
(2) No such use variance shall be granted by a Zoning Board of Appeals without a showing by the applicant
that applicable regulations and restrictions of this law have caused unnecessary hardship. In order to
prove such unnecessary hardship the applicant shall demonstrate to the Zoning Board of Appeals that;
(a) he or she cannot realize a reasonable return, provided lack of return is substantial as demonstrated
by competent financial evidence;
(b) the alleged hardship relating to the property in question is unique, and does not apply to a
substantial portion of the district or neighborhood;
(c) the requested use variance, if granted, will not alter the essential character of the neighborhood; and
(d) the alleged hardship has not been self-created.
(3) The Zoning Board of Appeals, in the granting of use variances, shall grant the minimum variance that it
shall deem necessary and adequate to address the unnecessary hardship proven by the applicant, and at
the same time preserve and protect the character of the neighborhood and the health, safety and welfare
of the community.
Mr. Moriello, Attorney for the applicants, arrived at the meeting. Mr. Moriello noted that the toughest hurdle for a Use Variance was to prove a lack of reasonable return. He expressed his intention to put together a good layout, he may not be able to meet all of the criteria, but enough to make a good case and good application.
Chairman Drabkin questioned if the proposed use would require any renovations?
Mr. Reynolds noted that there would be some alterations. The storage and offices would remain the same usage. The real change is that this will fall under a recording studio.
Mr. Dal Farra, part of Vinci Farms, LLC, was present on behalf of the application. Mr. Dal Farra stated that what they would like to do on the property is to be able to film movies. Not big like Avatar, but small budget movies filmed in the New York State region. They would bring cameras and footage to the proposed recording studio to do editing and record voices and music. The main purpose would be for editing. There are always one or two scenes that can’t be filmed outside- these scenes they would be able to film in the arena and put up a set in the arena. Everything else would be done with computers.
PRE-APPLICATION PRESENTATION
VINCI FARMS, LLC, c/o Jeremy Jones (cont’d)– Use Variance for Recording Studio, 311 Clay Hill Road, Kerhonkson, Tax Map # 76.1-1-22.11, AR-3 District
Vice Chairperson Haugen De Puy, questioned if filming a movie somewhere else and bringing it back to the studio and dubbing voices and things like that?
Board Member Kawalchuk questioned if this studio would employ people?
Mr. Dal Farra stated, yes. They would need people to build sets, do costumes, and feed the crew. All of these people may not be employed on the property, but they would bring business to the Town.
Chairman Drabkin questioned if the applicants had a business plan?
Mr. Dal Farra noted that they didn’t have one, but could provide the Board with one. Their goal was to do 2-3 movies per year. Each movie has its individual business plan.
Chairman Drabkin noted that right now this seemed pretty vague. He’d like to know what use of the space would be provided for filming, parking. He wanted a better picture of the proposed use.
Board Member Knudsen stated that those types of things were for the Planning Board to review. She felt that the applicant could argue this to the Town Board to perhaps change the Zoning in this area. Board Member Knudsen suggested that the applicant could pursue different avenues of obtaining this other than a Use Variance.
Mr. Moriello wanted to go through the ZBA rather than going to the Town Board to try and get this parcel re-zoned for this use. He felt that they had a strong case and a good shot at getting the Variance.
Vice Chairperson Haugen De Puy, stressed the importance for the applicants to bring in documentation as evidence that this property had previously been used commercially.
Chairman Drabkin agreed with Mr. Moriello stating that the cleanest thing for the applicant is to come before the ZBA for a Use Variance rather than trying to establish pre-existing non-conforming use status with the CEO. He also agreed with Vice Chairperson Haugen De Puy, that the applicants should prove their lack of reasonable return with documentation.
Mr. Moriello stated that he didn’t believe there would be SEQRA review that this could be a Type 2 Action because its an economic issue and won’t need environmental review because it will focus on reasonable return.
Board Member Knudsen recommended contacting the neighbors and getting letters of support.
The Board agreed that they’d like to see a comprehensive packet with documentation on the history of the use of the property along with financial records indicating a loss/unreasonable return.
PRE-APPLICATION PRESENTATION
VINCI FARMS, LLC, c/o Jeremy Jones (cont’d)– Use Variance for Recording Studio, 311 Clay Hill Road, Kerhonkson, Tax Map # 76.1-1-22.11, AR-3 District
Vice Chairperson Haugen De Puy, motioned for the application to be reviewed by the Planning Board for their advisory opinion at their next available meeting once the ZBA Office receives the application. Seconded by Board Member Knudsen.
Vote:
Drabkin: Yes Knudsen: Yes
Haugen De Puy: Yes Kawalchuk: Yes
Kingston: Absent McKenzie, alt: Yes
Vice Chairperson Haugen De Puy, motioned to schedule a Public Hearing for the April 13, 2010 for a Use Variance Application for Vinci Farms for a recording studio at 311 Clay Hill Road, Kerhonkson. Seconded by Board Member McKenzie.
Vote:
Drabkin: Yes Knudsen: Yes
Haugen De Puy: Yes Kawalchuk: Yes
Kingston: Absent McKenzie, alt: Yes
Board Member McKenzie motioned to adjourn the meeting seconded by Vice Chairperson Haugen De Puy. No discussion. All members present, in favor.
As there was no further business to discuss, Chairman Drabkin adjourned the meeting at 7:50 PM.
Respectfully submitted,
Rebecca Paddock Stange, Secretary