Minutes of September 14, 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 Betty Kawalchuk
Marijane Knudsen
James Kingston
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 Kingston and seconded by Alternate McKenzie to accept the May 11, 2010 minutes. No discussion.
Vote:
Drabkin: Yes Knudsen: Yes
Haugen De Puy: Absent Kawalchuk: Absent
Kingston: Yes McKenzie, alt: Yes
PRE-APPLICATION PRESENTATION
GEORGE STEFANOPOULOS – Area Variance for proposed lot line setbacks, 46 Lower Granite Road, Tax Map #76.3-2-6, R-2 District
Mr. & Mrs. Stefanopoulos were present on behalf of their application. The applicants explained that they own a piece of property and want to split it into two pieces. It is over 5 acres and they want to separate two existing houses. One house was built in the 1940’s and one house was built in the 1870’s. The applicants were aware that the houses were too close together and therefore they couldn’t meet the setbacks to create the new lot line. If the ZBA approves their variance they would have a survey done.
Chairman Drabkin advised the applicants to see how the meeting went. If they wished to move forward they would schedule the Public Hearing. He advised the applicants not to get a survey done until they receive a decision from the ZBA.
Board Member Knudsen questioned when the applicants bought the property.
Mr. Stefanopoulos stated in 1994 or 1996. They didn’t decide to split the property until two months ago. There is one well on the property. If they receive the variance and are able to split the property they would drill another well so that each house would have its own.
Board Member Knudsen stated that they would need an 18’ variance for each proposed parcel as the homes would each be 22’ from the proposed line. She questioned how big the concrete slab was?
PRE-APPLICATION PRESENTATION
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. Stefanopoulos stated that it was about 6’ x 6’. It was an old walkway to the road. The slab is old and useless.
Board Member Knudsen was concerned about safety for fire and emergency vehicle access because the houses were so close together.
Board Member Kingston noted that it was somewhat irrelevant because they weren’t creating any new buildings. What was there will be there. The only thing they are looking at is the line.
Chairman Drabkin read the criteria to grant a variance for the applicants so that they knew what they needed to prove.
Board Member Knudsen noted that the applicants needed to build a record to prove their case. Letters from neighbors in agreement to the variance, taking pictures, and a history on how old the houses are would be helpful for the Board.
Alternate McKenzie motioned to schedule the Public Hearing for October and refer the matter to the Planning Board for their advisory opinion. Seconded by Board Member Kingston. No discussion.
Vote:
Drabkin: Yes Knudsen: Yes
Haugen De Puy: Absent Kawalchuk: Absent
Kingston: Yes McKenzie, alt: Yes
PRE-APPLICATION PRESENTATION
RENEE BALLESTRA- Area Variance for density, Granite Road, R-5 Zoning District, Hudson Valley Common apartments
Chairman Drabkin noted that the applicant is asking for a variance from 5 acre zoning to create one parcel. Since there are only 25 acres and there is a 25 unit apartment complex, the applicant would be requesting taking away the required density needed for the lot as well. This used to be a 1 acre zone, however it was changed in November of 2009 to a 5 acre zone.
Ms. Ballestra noted that she has managed this apartment complex for 15 years. She has worked for 3 different owners. The current owner does not live in the area and it is beneficial to the area to have someone on site to manage the property. She has a family with 2 little kids and they have outgrown the apartment. The owner has agreed to give her one acre of land to build a house on. That way she would still be able to manage the property and be on site.
The Board was concerned with the severity of the request. They didn’t want to set precedence especially in varying density.
The applicant had started asking questions over a year ago and was told that it was possible. She has just been informed that the area has changed to 5 acre zoning.
The Board questioned if she had looked for a home near by instead of seeking the variance?
Ms. Ballestra noted that she did, but there wasn’t anything out there near by. She didn’t want to be off of the property.
The Board suggested that the applicant approach adjoining land owners to see if they would sell land that would give the applicant the density they needed to achieve their goal. The only other way that they saw was if the number of units were decreased to make it work—but that didn’t seem feasible.
Board Member Knudsen was aware that the County has really been trying to help people with affordable housing. She suggested that the applicant call Dennis Doyle at the Ulster County Planning Board to see if he had any suggestions. The Board understood the need that the applicant had, but they couldn’t be arbitrary in their decisions otherwise people would be petitioning for one acre lots all over the place.
OTHER MATTERS
Board Member Kingston motioned for the Chairman to sign the County Exception Agreement that was Okayed by the Town Attorney. Seconded by Alternate McKenzie. No discussion.
Vote:
Drabkin: Yes Knudsen: Yes
Haugen De Puy: Absent Kawalchuk: Absent
Kingston: Yes McKenzie, alt: Yes
Board Member Knudsen Motioned to close and dedicate the meeting to Francis Gray and that a letter stating such should be sent to his widow. Seconded by Alternate McKenzie. No discussion. All Members present in favor.
The Board discussed the required 4 hours a year of training credits.
Chairman Drabkin noted that he discussed this with the Supervisor many times. Chairman Drabkin stated that trainings should be specifically geared toward the needs of ZBA Members. Learning more about Use Variances for instance would be helpful.
Board Member Kingston stated that their trainings should be pinpointed at the Town’s own specific Zoning as this is the law that they are deciding on.
Board Member Kingston motioned to adjourn the meeting seconded by Alternate McKenzie. No discussion. All members present, in favor.
As there was no further business to discuss, Chairman Drabkin adjourned the meeting at 7:45PM.
Respectfully submitted,
Rebecca Paddock Stange, Secretary