ZONING BOARD OF APPEALS
TOWN OF ROCHESTER
ULSTER COUNTY
ACCORD, NEW YORK
(845) 626-2434
btetro@townofrochester.ny.gov
MINUTES of the April 18th, 2019 Town of Rochester Zoning Board of Appeals, held at the Harold Lipton Community Center, Accord, NY.
Chairman Mallery called the meeting to order at 7:00PM.
Chairman Mallery recited the Pledge to the Flag.
PRESENT: ABSENT:
Cliff Mallery
Steven Fornal
Erin Enouen
Bruce Psaras
Charles Fischer
Also present:
William Barringer, Alternate. Brianna Tetro, Secretary.
PRE-APPLICATION:
Kevin&Christine Sisson
Area Variance
192 Rochester Center Rd. Accord, NY 12404
68.3-2-33, .28 Acres
Proposed Use: An 18’x30’ metal garage.
Area Variance required. Does not meet required setbacks for side yard or front yard in an R-2 zoned district.
Mr. and Mrs. Sisson were present on behalf of the application.
Chair Mallery asked that Mr. and Mrs. Sisson explain what the application was all about.
Mr. Sisson stated that he had built an 18’x30’ garage on his property. He explained that he had come in to the CEO in January and that Mr. Davis the Code Enforcement Officer had told him he would need an Area Variance and that it could be a long process to get an approval. Mr. Sisson said he didn’t have time to wait for an approval from the ZBA because the concrete and all the other materials were coming and he wanted to have the garage up before the winter weather got bad. He said that he built the garage and then got the violation from the CEO.
Chair Mallery asked if he built the structure himself.
Mr. Sisson stated he did.
Chair Mallery asked if it was a kit.
Mr. Sisson stated that it was.
Chair Mallery asked at what point did he realize he needed a building permit.
Mr. Sisson said he knew he needed one but when he came to talk to Mr. Davis, the CEO, that he was told the garage was going to be built too close to the road and that he would need a variance but he didn’t have time to wait for the variance as the concrete was already laid for the structure and the kit was going to arrive.
Chair Mallery asked how big the lot was.
Mr. Sisson said it was .28 acres.
Chair Mallery asked how much of a variance he needed.
Mr. Sisson said it was 24ft. on the front and 3ft. on the side. He stated that where he put the garage was the only place he could put it as he had the well and septic on one side and then everything else was up hill.
Mr. Fornal asked when the property was purchased.
Mr. Sisson said it was bought in 1998.
Mr. Fornal asked if he owned any properties around it.
Mr. and Mrs. Sisson said no.
Mr. Fornal stated that the applicant wasn’t asking for a 24ft. variance he was asking 35ft. and that there was a prohibition from building in the front yard. He said that they would be asking for a 102.5% variance.
Ms. Enouen noted that the citation Mr. and Mrs. Sisson received was from January 2019 but they didn’t come to the CEO until April and she wondered why that was.
Mr. Sisson said the citation didn’t come until April.
Mr. Mike Baden, Liaison for the Board and Town Supervisor stated that the constables didn’t deliver the citation until April.
Mr. Sisson stated the only thing he could think of that he could have done differently was maybe downsized the garage but there was no other place to put it on the property as the parcel was just too small and the hill was too large to work around.
Mr. Fornal made the motion to type the application as a SEQRA Type II. Mr. Psaras seconded the motion.
ROLL CALL:
Chair Mallery- Yes Mr. Psaras- Yes
Mr. Fornal: Yes Ms. Enouen- Yes
Mr. Fischer: Yes
All in Favor. Motion Carried.
5 ayes, 0 nays, 0 abstentions, 0 absent
Mr. Fornal made the motion to schedule a Public Hearing on May 16th, 2019 on the condition that Mr. and Mrs. Sisson paid the application fees by the 6th of May so the Secretary could get out Notices in the required time frame. Mr. Psaras seconded the motion.
All in Favor. Motion Carried.
5 ayes, 0 nays, 0 abstentions, 0 absent
Chair Mallery stated when Mr. and Mrs. Sisson came back for the Public Hearing they should have photos of the structure taken from the road and also provide letters from the neighbors stating they were okay with having the building.
Chair Mallery read #140-66 (C ) Area Variance:
(1) The Zoning Board of Appeals shall have the power, upon an appeal from a decision or determination of the administrative officials charged with the enforcement of this law, to grant area variances as defined herein.
(2) In making its determination, the Zoning Board of Appeals shall take into consideration the benefit to the applicant if the variance is granted, as weighed against the detriment to the health, safety and welfare of the neighborhood or community by such grant. In making such determination the Board of Appeals shall also consider: (a) whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the area variance; (b) whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance; (c) whether the requested area variance is substantial; (d) whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and (e) whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the Zoning Board of Appeals, but shall not necessarily preclude the granting of the area variance. (f) The Zoning Board of Appeals, in the granting of area variances, shall grant the minimum variance that it shall deem necessary and adequate and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community.
Mr. Fornal made the Motion to Adjourn the Meeting at 7:30pm. Mr. Fischer seconded the motion.
All in Favor. Motion Carried.
5 ayes, 0 Nays, 0 abstentions, 0 absent
Ms. Enouen pointed out that the Board never voted on accepting the meeting minutes of March 21st, 2019 and the meeting would need to be re-opened to do the vote.
Mr. Fornal made the motion to re-open the meeting at 7:32pm. Mr. Fischer seconded the motion.
All in Favor. Motion Carried.
5 ayes, 0 nays, 0 abstentions, 0 absent.
OTHER MATTERS:
Accepting the meeting minutes of March 21st, 2019.
Mr. Fornal made the motion to accept the meeting minutes from March 21st, 2019. Mr. Fischer seconded the motion. Chair Mallery abstained.
Motion Carried.
4 ayes, 0 nays, 1 abstention, 0 absent
ADJOURNMENT:
Mr. Fornal made the motion to adjourn the meeting at 7:34pm. Ms. Enouen seconded the motion.
All in Favor. Motion Carried.
5 ayes, 0 nays, 0 abstentions, 0 absent
Respectfully Submitted,
Brianna Tetro, Secretary