Minutes of October 12, 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 Beatrice Haugen-De Puy, Vice Chair Jennifer McKenzie
Marijane Knudsen
James Kingston
Betty Kawalchuk
Because there was not a full Board, Alternate Jennifer McKenzie sat on as a regular member.
Pledge to the Flag.
ACTION ON MINUTES
Motion was made by Board Member Kawalchuk and seconded by Board Member Kingston to accept the September 14, 2010 minutes. No discussion.
Vote:
Drabkin: Yes Knudsen: Yes
Haugen De Puy: Absent Kawalchuk: Yes
Kingston: Yes McKenzie, alt: Yes
PUBLIC HEARING
GEORGE STEFANOPOULOS – Area Variance for proposed lot line setbacks, 46 Lower Granite Road, Tax
Map #76.3-2-6, R-2 District
Chairman Drabkin asked if Board Member Kawalchuk, who was not present at the last meeting, was familiar with the record of Mr. Stefanopoulos’s application.
Board Member Kawalchuk did read the minutes and stated that she was familiar with the case.
Chairman Drabkin noted that this was a Public Hearing for Mr. Stefanopolous for an Area Variance to split his property that has two houses on it into lots.
Mr. Stefanopolous noted that the property is located at 46 Lower Granite Road. He wanted to split the property into two. He didn’t want to build anything. The property is over 5 acres.
PUBLIC HEARING
GEORGE STEFANOPOULOS (cont’d) – Area Variance for proposed lot line setbacks, 46 Lower Granite Road, Tax Map #76.3-2-6, R-2 District
Chairman Drabkin noted that one thing that he was not aware of at the last meeting was that if the ZBA renders a favorable decision on this, the applicant will have to go to the Planning Board for Subdivision Approval.
Mr. Stefanopolous noted that he had a meeting 2 weeks ago with the PB.
Chairman Drabkin noted that that meeting with the PB was for their advisory opinion on this ZBA Application. If that appeal is granted, he then needs to make a map and go before the PB for the subdivision and they can impose conditions and so forth.
Board Member Kawalchuk confirmed that this was one deed. Were there any restrictions on the deed?
Mr. Stefanopolous noted that it was one deed and there were no restrictions.
Board Member Knudsen questioned if the applicant brought a copy of his deed with him.
Mr. Stefanopolous was not sure. He presented the Board with a document.
The Board reviewed the document. It was unclear what it was—it didn’t appear to be the deed.
Board Member Kawalchuk noted that sometimes the deed will specific—especially ones where there’s more than one house on a single lot—and sometimes it will say that the property can’t be split.
Board Member Knudsen stated that the Public Hearing should be continued so the applicant can bring in his deed for the Board to review.
Board Member Kawalchuk questioned if there were lots of neighbors?
Mr. Stefanopolous answered, some. He showed the Board where the neighbors were on the map.
Board Member Knudsen questioned if any of the neighbors had any objections?
Mr. Stefanopolous answered that no one has said anything to him.
Board Member Kawalchuk questioned if the neighbors knew what he wanted to do? Did the applicant contact the neighbors?
Board Member Knudsen questioned if both of the houses were being lived in and habitable and okay by the Town? And they had one well? And septic?
PUBLIC HEARING
GEORGE STEFANOPOULOS (cont’d) – Area Variance for proposed lot line setbacks, 46 Lower Granite Road, Tax Map #76.3-2-6, R-2 District
Mr. Stefanopolous answered yes; both houses were okay to live in. They shared a well. Both houses have separate septics. He showed the Board Members were the septics were on the map. He then showed where the well was. It was 10’ from the road and services both homes. It was at least 100’ from the septic.
Mr. Stefanopolous had presented the Board with pictures of the homes and the property.
Board Member Kingston had the applicant show him in the pictures where the septics and leach fields were.
Board Member Knudsen questioned how far the line was from the leach field?
Mr. Stefanopolous answered about 15’.
Board Member Kawalchuk questioned who lived in the other building?
Mr. Stefanopolous answered that his brother lived in the other house.
Board Member Kawalchuk questioned if his brother would still reside in the other house if the property gets split? If family lives there could change the whole picture.
Board Member Knudsen stated that it didn’t matter who lived there. This is still a variance that needed to meet the criteria and requirements.
Board Member Kawalchuk questioned if the applicant had gotten letters from his neighbors as he was asked to do at the last meeting?
Alternate Board Member McKenzie questioned how many neighbors the list was sent to?
The Secretary located the Notice of Hearing and stated that 7 neighbors were notified.
Board Member Kawalchuk noted that the Building Inspector would really need to look this over, wouldn’t he?
The Secretary noted that the Building Inspector was the person who referred it to the ZBA for a variance.
PUBLIC HEARING
GEORGE STEFANOPOULOS (cont’d) – Area Variance for proposed lot line setbacks, 46 Lower Granite Road, Tax Map #76.3-2-6, R-2 District
Chairman Drabkin Opened the Hearing to the Public.
Vincent Amari was recognized to speak. He noted that he was a bounding owner to the application. As far as splitting the property, he wasn’t against that- but the property that he wants to split is not very neat. If someone would go and inspect it and give an opinion, they would like that.
Chairman Drabkin was aware that there was a violation a couple of years ago and that violation was cleared up and the Code Enforcement Officer has been there. The procedure is for anyone with a complaint to inform the Code Enforcement Office and they would take the proper steps. Jerry Davis was the Code Enforcement Officer (CEO). Chairman Drabkin wasn’t sure if the ZBA would look favorably on giving any variance on a property that had any outstanding violations. Did the Secretary check if there were any outstanding violations on this property?
The Secretary stated that she had checked and the violation was in 2007 for unregistered vehicles, but it was cleared up.
Chairman Drabkin continued that if there were any unregistered vehicles or anything that wasn’t appropriate for our Zoning and they notified the CEO, the ZBA would put that in the record and consider it. The second thing is that he will have to go for PB approval. But, it’s for subdivision. Its not like the applicant is trying to run a garage or an art studio—its just a subdivision, so he wasn’t familiar with conditions for subdivision regarding use. Chairman Drabkin was on the Planning Board a number of years ago.
Board Member Kingston noted that this was not in front of the Board for a change of use.
Chairman Drabkin agreed and noted that this was a residence. If a residence was being used in a fashion that’s not in accordance with our Zoning, the CEO needs to be aware of it.
Next to speak was Matt Calardo of 51 Lower Granite Road. Mr. Calardo noted that he would say that if anyone would visit the property today they would observe multiple violations. There is a tractor trailer on the property, multiple vehicles, a power boat, numerous automobiles and potentially an automobile business being operated on the site. He thought if they did have to go to the CEO they would, but they would first ask that their neighbor cleared up these issues before the ZBA approved this variance. He would support it if it met all current health guidelines for septic and well, but he wouldn’t want two dwellings sharing one well.
The Applicant noted that when it is separated they would both get their own well.
Chairman Drabkin noted that could be a condition that the ZBA would impose, but since it’s going to the PB, he would think that the PB would address it under subdivision. If its within the PB’s purview… regarding keeping a boat or a trailer, he was not a CEO and couldn’t tell where the threshold passes where you have the wrong things on the property.
PUBLIC HEARING
GEORGE STEFANOPOULOS (cont’d) – Area Variance for proposed lot line setbacks, 46 Lower Granite Road, Tax Map #76.3-2-6, R-2 District
Jan Pomerantz was recognized to speak. To her it looked like they were doing auto repairs on the property and it really looked disgusting.
Chairman Drabkin requested that the she take some photos and she could email them or make a letter or a phone call. The Board doesn’t have the deed, if the Board determines that they should hold this Public Hearing open until they get some feedback, at least a letter back from the CEO saying that this property is in compliance, irrespective of the fact that it might not be as tidy as the neighbors like, that this is the call of the CEO. The ZBA does have a favorable advisory from the PB. This is not for the subdivision; this is just for the variance.
Mr. Calardo noted that they all supported the variance, but they needed their neighbor to comply with the Zoning characteristics of the neighborhood before they can support him in this matter. And this is why they were bringing this to the attention of the Board. If the ZBA could delay their decision until a time in the future when this property is more suitable for this consideration. At this time it was their consideration that it wasn’t suitable for this consideration.
Chairman Drabkin instructed the Secretary to forward the CEO a letter regarding the violation. It would be much better if the neighbors had specific things that they wanted addressed.
Mr. Calardo noted that they could contact Mr. Davis, CEO. They were hoping not to have to go this route and just see it cleaned up and not have any violations, but if that’s not going to happen their hands are tied and they will have to proceed in the due course of action.
Chairman Drabkin noted that this was the time that they had to do that. They had an application here and it’s been his experience that this is when these things come out of the woodwork and hopefully this could be resolved amicably.
This was why Board Member Kawalchuk questioned if the ZBA had any letters from the neighbors, but if they weren’t notified…
Chairman Drabkin noted that the neighbors aren’t against it, but they do have concerns. And They were notified, whether it was due to the holiday weekend or when they were sent out, its coincidental that it got late, but they are here and if there are other neighbors, as the Board is likely to hold this open—any other neighbor that wants to come and submit input either in writing or in personally is welcome to do that.
Mr. Calardo noted that they would return with a more compelling case next time.
Chairman Drabkin advised the applicant that he sh ould resolve this with his neighbors amicably.
PUBLIC HEARING
GEORGE STEFANOPOULOS (cont’d) – Area Variance for proposed lot line setbacks, 46 Lower Granite Road, Tax Map #76.3-2-6, R-2 District
Board Member Knudsen questioned if there was a commercial use on that property currently?
Mr. Stefanopolous answered, no.
Board Member Kingston questioned if he was repairing automobiles or trucks?
Mr. Stefanopolous answered that his brother was fixing up a couple of vehicles. It wasn’t a business.
Board Member Kawalchuk questioned if they all had license plates?
Mr. Stefanopolous answered, yes.
Mr. Amari noted that they could all have license plates, but there were about 20 different cars a month. Having license plates didn’t mean anything.
Board Member Kingston questioned if the applicant’s brother was running a used car business?
Mr. Stefanopolous answered, no.
Board Member Kingston questioned if he had an explanation for Mr. Amari’s allegations that there are a constant stream of automobiles running through there?
Mr. Stefanopolous answered that there were about 3-4 vehicles there.
Board Member Kingston questioned how many vehicles per month would the applicant say were being repaired there?
Mr. Stefanopolous answered about 2 to 3 vehicles a month. Mostly family members- cousins or brothers.
Board Member Kingston stated in other words he was fixing up these vehicles for other family members.
Mr. Stefanopolous answered, yes. He clarified that they weren’t switching plates between vehicles or anything like that.
PUBLIC HEARING
GEORGE STEFANOPOULOS (cont’d) – Area Variance for proposed lot line setbacks, 46 Lower Granite Road, Tax Map #76.3-2-6, R-2 District
Board Member Knudsen noted that they weren’t asking for an explanation, they were concerned with is it a commercial use on a residential property? The applicant was asking for a variance, which is to vary the law and the applicant was asking the ZBA to vary the law and the adjoining land owners are saying that there are issues. What Board Member Knudsen would ask is that the ZBA direct a letter to the CEO telling him that allegations were brought forth at the ZBA meeting, it is not within the ZBA’s jurisdiction, but in the course of the ZBA’s investigation for an area variance that they ask the CEO to conduct an investigation to determine if there is indeed a commercial use because it changes everything.
Board Member Kingston motioned that on the discussion and discovery that the Public Hearing be opened until next month. Seconded by Chairman Drabkin.
Discussion:
Alternate Board Member McKenzie requested a copy of the current deed.
Board Member Knudsen agreed and wanted to see something as well as in regards to the septics that they were going to be okay where they were.
Chairman Drabkin noted that the septics were existing.
Board Member Knudsen didn’t know what was going to happen in regards to the property line that they wanted to draw. Let the Ulster County Health Dept. tell us that it’s okay. To cut that property in half and the leach field is where it is that those things aren’t going to interfere.
The secretary questioned if the ZBA was going to correspond with the UCHD?
Board Member Knudsen stated that it should be up to the applicant to do that.
The Secretary was only asking because she would ask for a better map from the applicant because it’s a little unclear where the septics and leach fields are on the current map.
Board Member Knudsen stated that they can also ask for a better map.
Board Member Kingston agreed that he should measure it off with a tape measure and scale it out and make the map a little larger so it can clearly be seen.
Mr. Stefanopolous stated that the original map was much larger.
Board Member Kingston asked that the applicant copy the map at the original scale and indicate clearly where the septics and wells are in relationship to the buildings and proposed property line so that the UCHD and the ZBA can clearly see what’s on the property.
PUBLIC HEARING
GEORGE STEFANOPOULOS (cont’d) – Area Variance for proposed lot line setbacks, 46 Lower Granite Road, Tax Map #76.3-2-6, R-2 District
Board Member Knudsen noted that there were a lot of issues. This was new Zoning. She also wanted to see current pictures those were from 2007.
Mr. Stefanopolous noted that those were taken the other day- the date on the pictures doesn’t mean anything. They couldn’t figure out how to change the date on the camera.
The Secretary confirmed that when the applicant brought the pictures into the office to submit he mentioned that he had a problem with changing the date.
Board Member Knudsen felt that we needed these things by the next meeting.
Mr. Amari questioned who he was going to sell the property to when he splits it up? The guy that is already there with all of the cars?
Chairman Drabkin noted that if the ZBA grants the variance—and any variance of this sort goes with the land, so the applicant is free to sell the land to anyone he wants. And that person is free to sell the land to anyone they want. There isn’t any way that the ZBA can control or restrict the sale of a part of that property if it is approved.
Board Member Knudsen noted that they could condition the septics and the wells to protect all of the land owners now and in the future so that there’s not a battle later on. Also with this Board going to the PB is protecting health and welfare of the public.
Board Member Kawalchuk stated that this was for the applicant’s own good.
Mr. Stefanopolous understood.
Board Member Kawalchuk questioned if Chairman Drabkin visited the property? She didn’t.
Chairman Drabkin noted that he did. He wasn’t looking for anything other than the distance between the two houses and whether this was feasible. He would encourage anyone else who wanted to take a look at the property to go and see it. Again, even though they aren’t in the business of regulating what the use is, the ZBA’s only responsibility is to determine whether this variance is in the best interest of the Town of Rochester.
Mr. Calardo stated that this was the neighbors point too because right now the property didn’t conform with the Zoning and the characteristics of the neighborhood, so it wasn’t within the Town’s best interest to grant this at this time until the property conforms with the characteristics of the neighborhood. He thanked the Board.
Board Member Kawalchuk noted that this was part of the criteria.
PUBLIC HEARING
GEORGE STEFANOPOULOS (cont’d) – Area Variance for proposed lot line setbacks, 46 Lower Granite Road, Tax Map #76.3-2-6, R-2 District
Board Member Kingston reminded the Board that they did not yet vote on whether or not to keep the Public Hearing open.
Vote:
Drabkin: Yes Knudsen: Yes
Haugen De Puy: Absent Kawalchuk: Yes
Kingston: Yes
ADJOURNMENT
Alternate Board Member McKenzie 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 7:40PM.
Respectfully submitted,
Rebecca Paddock Stange, Secretary