ZBA Minutes March 2012

Minutes of March 20, 2012, Town of Rochester Zoning Board of Appeals, held at the Town Hall, Accord, NY.

 

Meeting was called to order at 7:00 PM by Chairperson, Beatrice Haugen- De Puy.
Present:                                                Absent:
        Beatrice Haugen-Chairperson                     
        Cliff Mallery, Vice Chair                                                                                       
        Elizabeth Kawalchuk     
John Dawson
        Troy Dunn

 

Because there was a full Board, Alternate Charlie Fischer sat in the audience.

 

Pledge to the Flag.
Chairperson Haugen- De Puy welcomed everyone to the meeting noting that the Town Board recently made new appointments to the Board. She welcomed new member, Troy Dunn who was appointed to replace former Board Member Jim Kingston, whose term expired in December 2011. She welcomed the newly appointed Alternate, Charlie Fischer to the Board. John Dawson, the Board’s former Alternate was appointed to the Board as a full member to serve out Mr. Drabkin’s remaining term. She further noted that Board Member Cliff Mallery was appointed Vice Chair and the Town Board has appointed herself as the new Chairperson of the ZBA as Mr. Drabkin the former Chair was now a Town Board Member.

 

ACTION ON MINUTES
Board Member Dawson motioned to accept the January 17, 2012 minutes. Seconded by Board Member Mallery. No discussion.           
Mallery:        Yes                                                     Kawalchuk:              Yes
Haugen De Puy:  Yes                                                     Dawson:         Yes
Dunn:                   Yes                                                     
Motion carried.

 

PRE-APPLICATION PRESENTATION
MARIA DIAZ– Area Variance Request to convert barn into apartment with full kitchen and bedroom and bathroom on .905 acres in a two acre minimum district, Tax Map #77.2-2-13, R-1 Zoning District

 

Chairperson Haugen- De Puy called forward applicant, Maria D. Diaz for the matter of an Area Variance Request to convert a barn into apartment with full kitchen and bedroom and bathroom on .905 acres in a two acre minimum district, Tax Map #77.2-2-13, R-1 Zoning District.

 

Ms. Diaz was present along with her representative Martha Roberge. They displayed an aerial map of the parcel so the Board could better visualize the parcel. Mrs. Roberge noted that the reason that Ms. Diaz needed to convert the barn, which was a studio space into an apartment was for personal reasons because her daughter’s husband is dying of cancer and her daughter will most likely have to live there. The barn is already permitted to
PRE-APPLICATION PRESENTATION
MARIA DIAZ (cont’d)– Area Variance Request to convert barn into apartment with full kitchen and bedroom and bathroom on .905 acres in a two acre minimum district, Tax Map #77.2-2-13, R-1 Zoning District

 

be a studio which they had done a number of years ago. Now they are asking for it to be living space with its own kitchen and bathroom. It is under the required acreage for two dwellings, but the land that they border is in owned by a land conservancy that will never be built on. Directly behind them is a large parcel that is farmed
and the bordering property is a steep slope that is unusable land. The barn is near the rear of the property and the surrounding lots will not be able to be built on. The barn has electric and heat and its own septic system. They purchased the house in 1998 and they replaced the system with a 500 gallon composite tank since then. Ms. Roberge showed where the septic was located on the map.

 

Chairperson Haugen De Puy noted that someone could build on the 10 acre piece of property that bordered this lot.

 

Ms. Roberge didn’t believe that the property was any good to build on.

 

Mr. Dawson noted that the problem is that there are so many of these situations in town.

 

Chairperson Haugen De Puy noted that the ZBA has to grant the minimum variance and it goes with the land, not to the people. The ZBA can’t base decisions on personal circumstance.

 

Mr. Dunn questioned when zoning was enacted?

 

The secretary answered in 2009.

 

Mr. Dunn questioned if it was always 1 acre zoning in this area?

 

Mr. Dawson replied yes.

 

Chairperson Haugen – De Puy went over the balancing test and she noted that she believed asking for a 1 acre area variance for density was substantial. She also noted that the applicant could possibly achieve her goal by other means- she could approach neighbors to do a lot line adjustment.

 

Mr. Dunn suggested contacting her neighbor Barton Brooks or the other bounding lot that was owned by the land conservancy to see about a lot line adjustment. That seemed like it could be a feasible alternative for the applicant.

 

Ms. Diaz noted that Mr. Brooks owns the property directly behind her and it is rapidly rising land that is unusable. The rest of the acreage he farms.

 

Chairperson Haugen – De Puy noted that for the immediate need of the applicant she should go and speak with Mr. Davis, Code Enforcement Officer to see what he would allow in terms of someone living in the studio space. But she believed for a long term fix, the lot line adjustment was the avenue to seek. The Board agreed that this was her best alternative.

 

OTHER MATTERS:
Chairperson Haugen – De Puy asked that the Secretary write a letter to Mr. Kingston whose term as a Board Member expired in December 2012, a letter thanking him for his years of service.

 

ADJOURNMENT
Board Member Kawalchuk motioned to adjourn the meeting seconded by Board Member Dawson. No discussion. All members present, in favor.
        
As there was no further business to discuss, Chairperson Haugen- De Puy adjourned the meeting at 7:40PM.        
                                                                
                                                        Respectfully submitted,
                                                                
     
                 Rebecca Paddock Stange, Secretary