ZONING BOARD OF APPEALS
TOWN OF ROCHESTER
ULSTER COUNTY
ACCORD, NEW YORK
(845) 626-2434
torpbzba@hvc.rr.com
MINUTES of August 18, 2016 the Town of Rochester Zoning Board of Appeals, held at the Town of Town of Rochester Community Center, Accord, NY.
Chairperson Haugen De Puy called the meeting to order at 7:00PM.
Pledge to the Flag.
PRESENT: ABSENT: Beatrice Haugen- De Puy,
Steven Fornal
Troy Dunn
Cliff Mallery, Vice Chair
Charles Fischer
Also present:
Rebecca Paddock Stange, Secretary.
CONTINUED PUBLIC HEARING
Ronald Santosky, 14 Project 32 Road, 15’ Area Variance Required for side yard setback for a 22’ x 24’ carport, Tax Map #76.4-2-16, R-2 Zoning District.
Mr. & Mrs. Santosky were present on behalf of their application.
Chairperson Haugen DePuy noted that she had spoken to Mr. Davis, CEO, as decided upon at the last meeting to question whether or not he would be able to certify the Santosky’s lot line location based on a neighbor’s survey and deed and the Santosky’s deed. Mr. Davis said that he would really need two points also as was discussed by the ZBA at the August 4th meeting. She also noted that in between the time of the two meetings, the Santosky’s had a survey completed and submitted a map to the ZBA showing the property lines and existing improvements and the proposed car port.
There was no one to speak at the Public Hearing.
Mr. Dunn motioned to close the Public Hearing. Seconded by Mr. Fornal. No discussion.
Vote:
Haugen-DePuy- Yes Mallery: Yes
Dunn- Yes Fornal: Yes
Fischer- Yes
Motion carried.
5 ayes, 0 nays, 0 abstain, 0 absent
Mr. Fornal motioned for the following:
Re: 16.7’ foot Side Yard Setback Area Variance Approval for Ronald Santosky
14 Project 32 Road, Accord; Tax Map # 76.4-2-16, R-2 District
A motion for approval is made based upon the available facts and Town of Rochester Zoning Code Chapter 140
Whereas the applicant provided a surveyed map of the property.
Whereas the applicant wishes to build a 22′ X 24′ carport in the side yard setback leaving just 23.3 feet to lot line.
Whereas this request of 16.7′ is substantial (41.75 percent).
Whereas the carport would not in any way create an undesirable change in the character of the neighborhood nor create an adverse affect on the neighborhood.
Whereas the applicant has no other feasible place on the property to put the carport due to significant slope in front yard (east), a septic system occupying the north side of house and drilled well on south side of house.
Whereas this request is a self-created hardship having bought the 1.04 acre lot with its limitations; however the placement of the house was placed in the only area which could accommodate a house and maintain required separation of septic area from well head.
Whereas closest neighbor submitted a letter stating the placement of carport would not detract from their property.
Whereas no one spoke against the application at the public hearing held 21 July 2016, 4 August 2016 and 18 August 2016.
The Town of Rochester Zoning Board of Appeals hereby grants the Area Variance requested on this 18th day of August 2016.
Seconded by Chairperson Haugen De Puy. No discussion.
Vote:
Haugen-DePuy- Yes Mallery: Yes
Dunn- Yes Fornal: Yes
Fischer- Yes
Motion carried.
5 ayes, 0 nays, 0 abstain, 0 absent
MOTION TO ADJOURN
Mr. Dunn motioned to adjourn the meeting seconded by Mr. Fischer. No discussion. All Members present in favor.
Since there was no further business, at 7:06PM Chairperson Haugen De Puy adjourned the meeting.
Respectfully submitted,
Rebecca Paddock Stange, Secretary