Minutes of May 11, 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 Betty Kawalchuk
Beatrice Haugen-De Puy, Vice Chair
Marijane Knudsen
James Kingston
Jennifer McKenzie, Alternate
Pledge to the Flag.
Because there was an absent Board Member, Jennifer McKenzie, Alternate sat on the Board as a regular member.
ACTION ON MINUTES
Motion was made by Mrs. Haugen De Puy, Vice Chair and seconded by Mr. Kingston to accept the April 13, 2009 minutes. No discussion.
Vote:
Drabkin: Yes Knudsen: Yes
Haugen De Puy: Yes Kawalchuk: Absent
Kingston: Yes McKenzie, alt: Yes
PRE-APPLICATION PRESENTATION
WAYNE KELDER– Area Variance for setback of barn, Lower Whitfield & Pine Tree Road, Tax Map# 68.4-4-17, AR-3 Zoning District
Mr. & Mrs. Kelder were present on behalf of their request. Mr. Kelder noted that he submitted an application to the Planning Board for a 5 lot subdivision. There are 3 parcels that he is applying to reconfigure into 5 parcels. In doing so he is moving a lot line to include a barn with one of the lots and there is no way to achieve this without obtaining a variance. The barn would be 15’ from the new line, and the way it sits now it doesn’t comply as it is also 15’ from a line, but that pre-dates the zoning ordinance. The main goal here is to include the barn along with the existing gravel parking area with one of the parcels as the barn and parking area are utilized with that parcel now.
The Board discussed the layout of the lots and noted that there isn’t a way to make this happen and conform to the required 40’ setbacks. They instructed the applicant of the balancing test and noted certain things that would be helpful in building his record. The pictures submitted by the applicant were a good start. They should also obtain letters from bounding owners in favor of the variance. Getting exact measurements between the buildings is also a key factor and showing the foundations that are on the property. This application will need to be sent to the County Planning Board for a referral as well as it is in a County Agricultural district. Also getting witnesses or neighbors to state that this is how the property has always been utilized will be good to have on record. The applicants should get the application into the office along with getting the map cleared up and straightened out along with the other suggestions mentioned by the Board and they will be scheduled for their Public Hearing in June.
Board Member Kingston, motioned to adjourn the meeting seconded by Board Member McKenzie. 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