ZONING BOARD OF APPEALS
TOWN OF ROCHESTER
ULSTER COUNTY
ACCORD, NEW YORK
(845) 626-2434
torpbzba@hvc.rr.com
MINUTES of February 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, Chairperson Charlie Fischer
Steven Fornal
Troy Dunn
Cliff Mallery, Vice Chair
Also present:
Becky Collins, Alternate, seated in audience. Rebecca Paddock Stange, Secretary. Rich Miller, Town Constable.
ANNOUNCEMENTS:
Chairperson Haugen De Puy introduced the Board’s newly appointed Alternate, Becky Collins, to the Board.
PRE-APPLICATION PRESENTATION
Joyce Burstein, Area Variance Required for a proposed 2 lot Subdivision, proposed lot line is +/-10’ from existing residence, 863 Samsonville Road, Kerhonkson, Tax Map #60.3-2-36.100, R-2 District
Mrs. Burstein was present on behalf of her application. She noted that she owns an odd shaped lot, and the only way she could get the required two acres was to split it like she displayed on her map. The existing house is an old fire house. She wants to build a house in the back and needs a road to get back to it and there isn’t enough room between the house and the proposed property line. She believes that it’s about 20’ away (even though it says 10’ on the plan).
Mr. Fornal noted that she would only need 50’ of road frontage and she is proposing much more than that. He also believed that she only needed 26’ of space for fire access. That would lessen the amount of variance needed.
The applicant believed that at the short “choke point” that the property line was already only 60’ from the house. She also noted that Medenbach and Eggers did a perk test and found the proposed lot suitable for septic and water. Tim McCabe would be doing her survey. She noted that if the house was indeed 60’ from the closest lot line she would only need a 6’ variance- would the Board get her that?
Mr. Fornal mentioned that it was more doable than asking for 30’ or 20’.
Chairperson Haugen De Puy noted that the Board is charged with giving out the least amount of a variance as they can.
Mr. Dunn agreed that bringing the width of the access down to 26’ was more palatable.
Mr. Fischer questioned if the applicant would be able to get a County Driveway Permit around that bend?
Mrs. Burstein noted that she had Kim Dufresne from the Ulster County Dept. of Public Works come out to her house and told her exactly where he’d want to see the entrance. At the corner to get a better view.
The Chairperson requested that the applicant submit that in writing from the UCDPW.
Mrs. Burstein noted that she has email from him stating this.
Chairperson Haugen De Puy questioned who Thomas McEvilley was? He is listed as an owner on the information received from the Code Enforcement Office.
Mrs. Burstein noted that he was her husband who passed away.
Mrs. Haugen De Puy apologized, but had to ask. She then went over the criteria in which the ZBA bases their determination:
In order to grant a variance, the ZBA must consider if the applicant’s benefit to the detriment to health, safety and welfare of the community is substantial. The ZBA must consider:
1. whether the applicant can achieve this request by other means.
2. whether the application will cause an undesirable change in the neighborhood character or nearby properties.
3. whether the request is substantial.
4. whether the situation is self-created.
5. whether the request will have an adverse impact on the environment.
The Board discussed whether or not they wanted to see an actual survey before they had the Public Hearing. In light of the applicant’s circumstances and her not wanting to pay for the whole survey until she is granted the variance, the Board decided that they would accept a signed sketch plan from the surveyor. When Mrs. Burstein went for Subdivision Approval in front of the Planning Board, they would definitely require a proper survey map.
The Board reviewed the Public Hearing process with the applicant noting that bounding owners within 500’ would be notified as per Town Regs.
Mr. Fischer motioned to schedule the Public Hearing at the April 21st Meeting pending receipt of all written paperwork in order for the Secretary to post and circulate notice. 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
ACTION ON MINUTES:
Mr. Fornal motioned to accept the minutes of January 21, 2016. Seconded by Mr. Fischer. No discussion.
Vote:
Haugen-DePuy- Yes Mallery: Abstain
Dunn- Yes Fornal: Yes
Fischer- Yes
Motion carried.
4 ayes, 0 nays, 1 abstain, 0 absent
OTHER MATTERS:
Chairperson Haugen De Puy asked the Board to take note of upcoming trainings. The ZBA would be forwarded a list of trainings each month from the PB Chairman.
Chairperson Haugen De Puy thanked Mr. Miller, Town Constable for attending the meeting.
MOTION TO ADJOURN
Mr. Fornal motioned to adjourn the meeting seconded by Mr. Fischer. No discussion. All Members present in favor.
Since there was no further business, at 7:30PM Chairperson Haugen De Puy adjourned the meeting.
Respectfully submitted,
Rebecca Paddock Stange, Secretary