ZONING BOARD OF APPEALS
TOWN OF ROCHESTER
ULSTER COUNTY
ACCORD, NEW YORK
(845) 626-2434
torpbzba@hvc.rr.com
MINUTES of December 21st, 2017 the Town of Rochester Zoning Board of Appeals, held at the Town of Town of Rochester Community Center, Accord, NY.
Chairman Mallery called the meeting to order at 7:00PM.
Pledge to the Flag.
PRESENT: ABSENT:
Cliff Mallery
Steven Fornal
Erin Enouen
Charles Fischer
Bruce Psaras
Also present:
William Barringer, Alternate. Shaye Davis, Secretary.
New Application
Dan Feldman
2017-07 Area Variance
93 Kyserike Road, Tax Map # 69.4-2-3, AR-3 Zoning District. 4.42 Acres.
Proposing to have his residence and agricultural processing facility for Winery.
Lacking required acreage for additional requested uses. Multiple permitted uses would require 6 acres, applicant has 4.42.
Dan Feldman was present on behalf of the application.
Mr. Feldman stated that since the last meeting he was on the agenda for he had eliminated one of the uses making the variance only 2 uses that would make him need 6 acres instead of the 9 acres. Mr. Feldman decided to take the retail and wine tasting out of his uses. He noted that he was on the fence about expanding the vineyard. He stated that he would be making the wine in an existing building so there would be no new construction on the property. He told the Board that he had spoken with his neighbors about what he would like to do. He stated that only one of his neighbors was concerned about the pesticides and other issues the project could bring.
Chairman Mallery asked if there would be any employees.
Mr. Feldman stated that there would be no employees.
Mr. Fornal asked if there was any contiguous property that Mr. Feldman owned.
Mr. Feldman stated that he did not own any other property.
Mr. Fornal asked what the original use of the land was.
Mr. Feldman stated that the land was used as a farm and agricultural purposes.
Mr. Fornal asked if there would be an increase in water demand.
Mr. Feldman stated that there would be no increase. He also stated that there would be no pesticides used due to everything being organic.
Mr. Psaras asked if there was a chemical used to clean and disinfect the bottles.
Mr. Feldman stated that there was not.
Mr. Fornal asked how the grapes were harvested.
Mr. Feldman stated that the grapes were harvested by hand and that there was no machinery.
Mr. Fornal motioned to classify the application as a unlisted action under SEQRA. Mr. Psaras seconded the motion.
Motion Carried. All in favor.
Roll Call:
Chairman Mallery: Yes Ms. Enouen: Yes
Mr. Fornal: Yes Mr. Psaras: Yes
Mr. Fischer: Yes
Mr. Fornal motioned to take lead agency for SEQRA. Ms. Enouen seconded the motion.
Motion Carried. All in favor.
Roll Call:
Chairman Mallery: Yes Ms. Enouen: Yes
Mr. Fornal: Yes Mr. Psaras: Yes
Mr. Fischer: Yes
The Board read over the Environmental Assessment Form. The read through Part 2 of SEQRA.
Mr. Fornal motioned to declare a negative declaration under SEQRA. Mr. Fischer seconded the motion.
Motion Carried. All in favor.
Roll Call:
Chairman Mallery: Yes Ms. Enouen: Yes
Mr. Fornal: Yes Mr. Psaras: Yes
Mr. Fischer: Yes
Mr. Fornal motioned to refer the application to the Ulster County Planning Board as an interested party. Mr. Psaras seconded the motion.
Motion Carried. All in favor.
5 ayes, 0 nays, 0 abstain, 0 absent
Mr. Fornal motioned to schedule the application for public hearing for the next meeting. Ms. Enouen seconded the motion.
Motion Carried. All in favor.
5 ayes, 0 nays, 0 abstain, 0 absent
Mr. Fornal motioned to adjourn the meeting at 7:26pm. Mr. Psaras seconded the motion.
Motion Carried. All in favor.
5 ayes, 0 nays, 0 abstain, 0 absent
Respectfully submitted,
Shaye Davis, Secretary