ZONING BOARD OF APPEALS
TOWN OF ROCHESTER
ULSTER COUNTY
ACCORD, NEW YORK
(845) 626-2434
btetro@townofrochester.ny.gov

MINUTES of the December 17th, 2020 Town of Rochester Zoning Board of Appeals, held via Zoom and Livestreamed on Youtube.

Chairman Mallery called the meeting to order at 7:00PM.

Chairman Mallery recited the Pledge to the Flag.

PRESENT: ABSENT: VACANT:
Cliff Mallery, Chair Steve Fornal
Bruce Psaras, Vice Chair
Bill Barringer
Charlie Fischer

ALSO PRESENT: Mary Lou Christiana, Town Attorney. Brianna Tetro, Secretary. Mike Baden, Town Supervisor and meeting host.

Chair Mallery called the meeting to order.

The secretary did roll call.

*Chair Mallery read the following statement before the application was reviewed:
“I have confirmed with the Town’s Counsel that tonight’s meeting has been convened in accordance with the Governor’s March 13, 2020 Executive Order 202.1 which suspends certain provisions of the Open Meetings Law to allow a municipal Board to convene a meeting via videoconferencing. In accordance with the Executive Order, the public has been provided with the ability to view tonight’s meeting via YouTube and a transcript will be provided at a later date.
The Secretary has completed a roll call of the Board Members and there is a quorum present for this meeting. I have also confirmed with the Secretary that this meeting has been duly noticed.
We have fulfilled our legal notice requirements by posting Notice on the Town Clerk bulletin board and outside door, posting legal notice in the Shawangunk Journal , and posting notice on the Town’s website.”

APPLICATIONS:

CONTINUED APPLICATION:
2020-06AV/UV- Craig and Allison Williams
Area Variance and Use Variance
533 Queens Hwy./ SBL: 77.1-2-24.100/ AR-3 District
Proposed Use: Create one additional residential building lot (2-lot subdivision). Access strip to new lot will encroach side yard set back at existing garage.
Area Variance Required: Side Yard Set back. Garage is proposed at 30’ 6” from line, 40’ is required.
Use Variance Required: Constructing an accessory structure without principle structure on premises.

No one was present on behalf of the application.

Chair Mallery explained the public hearing needed to be rescheduled due to a clerical error on the public hearing notices.

Mr. Barringer made the motion to cancel the public hearing for the December 17th, 2020 regular meeting. Mr. Psaras seconded the motion.
Roll Call:
Chair Mallery- Yes Mr. Fischer- Yes
Mr. Psaras- Yes Mr. Barringer- Yes
All in Favor. Motion Carried.
4 ayes, 0 nays, 0 absent, 0 abstentions, 1 vacancy.

Mr. Psaras made the motion to reschedule the public hearing for the January 21st, 2021 regular meeting. Mr. Fischer seconded the motion.
Roll Call:
Chair Mallery- Yes Mr. Fischer- Yes
Mr. Psaras- Yes Mr. Barringer- Yes
All in Favor. Motion Carried.
4 ayes, 0 nays, 0 absent, 0 abstentions, 1 vacancy.

Mr. Psaras stated he believed the property boarded a working farm in a County Ag District and if so, it would need to be sent to the Ulster County Planning Board. He stated he would research it and if it turned out to be a working farm, then it would be sent to the County for comments.

Mr. Psaras motioned that he research the adjoining property he believed to be a working farm, and if it was indeed a working farm to send the application to the Ulster County Planning Board. Mr. Fischer seconded the motion.
Roll Call:
Chair Mallery- Yes Mr. Fischer- Yes
Mr. Psaras- Yes Mr. Barringer- Yes
All in Favor. Motion Carried.
4 ayes, 0 nays, 0 absent, 0 abstentions, 1 vacancy.

There was no further discussion.

OTHER MATTERS:

Accepting the regular meeting schedule for the year 2021:

Chair Mallery made the motion to accept the yearly regular meeting schedule for the year 2021. Mr. Fischer seconded the motion.
Roll Call:
Chair Mallery- Yes Mr. Fischer- Yes
Mr. Psaras- Yes Mr. Barringer- Yes
All in Favor. Motion Carried.
4 ayes, 0 nays, 0 absent, 0 abstentions, 1 vacancy.

Accepting the regular meeting minutes from the May 21st, June 18th, July 16th, August 20th, September 17th, 2020, October 15th, 2020, and November 19th, 2020 regular meetings.

Mr. Psaras made the motion to accept all outstanding regular meeting minutes. Mr. Fischer seconded the motion.
Roll Call:
Chair Mallery- Abstain Mr. Fischer- Yes
Mr. Psaras- Yes Mr. Barringer- Abstain
Motion not carried.
2 ayes, 0 nays, 0 absent, 2 abstentions, 1 vacancy.

The Board tabled the minutes.

ADJOURNMENT:

Mr. Barringer made the motion to adjourn the meeting at 7:15pm. Mr. Fischer seconded the motion.
Roll Call:
Chair Mallery- Yes Mr. Fischer- Yes
Mr. Psaras- Yes Mr. Barringer- Yes
All in Favor. Motion Carried.
4 ayes, 0 nays, 0 absent, 0 abstentions, 1 vacancy.

Respectfully Submitted,

Brianna Tetro, Secretary
Accepted January 21st, 2021