ZONING BOARD OF APPEALS
TOWN OF ROCHESTER
ULSTER COUNTY
ACCORD, NEW YORK
(845) 626-2434
torpbzba@hvc.rr.com
MINUTES of February 16th, 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:
Cliff Mallery ABSENT:
Steven Fornal
Rebecca Collins
Charles Fischer
Greta Baker
Also present:
Erin Enuen, Alternate. Shaye Davis, Secretary.
2016-07 SUP Continued Public Hearing
Amendment to PB decision 1997-06 SUP
Sandy Krupp c/o James O’Shea & Bjorn Quenemoen
8.1’ Area Variance for the rear yard setback (25’ required; 16.9’ provided) for the cabinet shop structure to correct a violation of the Schedule of District Regulations.
Proposes amendment to PB decision 1997-06 SUP granting approval to convert a dairy barn into cabinet woodworking shop. 10 Queens Highway, S/B/L 76.2-2-6.211, B and AP Overlay zoning district,
Contiguous to Ulster County Ag District #3.
Mr. O’Shea is present on behalf of the application.
Chairman Mallery opened the meeting for public hearing.
No one from the public spoke.
Mr. Fischer motioned to close the public hearing. Ms. Collins seconded the motion.
5 ayes, 0 nays, 0 abstain, 0 absent
Mallery: Yes Baker: Yes
Fornal: Yes Fischer: Yes
Collins: Yes
Chairman Mallery asked the Board if they had any questions or comments.
Chairman Mallery then asked the Board if they were ready to make a decision.
The Board agreed that they were ready for a decision.
Mrs. Baker asked if they could give her a recap of the application since she was new to the board.
Chairman Mallery and Michael Baden explained to the Board why the application was in front of them and the history of the property.
Whereas the applicant, 10 Queen’s Highway, LLC appeared before the Town of Rochester Planning Board and was made aware of outstanding setback and SUP violations
Whereas in an emailed letter from Town Attorney Mary Lou Christiana dated 1 November 2016 advised that the PB would need to send the applicant to the ZBA for a variance
Whereas the TOR Planning Board referred this applicant to the ZBA in order to request an area variance for Rear Yard of 8.1′ (25′ required by the Schedule of District Regulations) for the property as is stands in violation of the SUP site plan Decision #PB1998-07SUP (Addendum to Decision #PB 1997-06SUP)
Whereas concerning a subdivision plat containing one or more lots which do not comply with the zoning regulations, application may be made to the zoning board of appeals for an area variance pursuant to NYS Town Law section267b, without the necessity of a decision or determination of an administrative official charged with the enforcement of the zoning regulations
Whereas PB Chairman Michael Baden’s letter and Timeline For Krupp dated December 1, 2016 details the unique history and subsequent SUP Site Plan and Schedule of District Regulations violations regarding this application
Whereas on 23 December 2017 an Application to ZBA (#2016-04AV) was filed with the Planning/Zoning Office requesting an Area Variance
Whereas according to SEQR law per 6 NYCRR Part 617.5(c)(12) this application is considered a Type II action and requires no further review
Whereas the parcels involved are referred to as Property #1 (Commercial – Tax Map#76.2-2-6.211) and Property #2 (Residential – Tax Map#76.2-2-6.221)
Whereas property #1 has a rear yard setback issue as 16.9′ is available but 25′ is required under the current Schedule of District Regulations
Whereas for Property #1 a rear yard setback request of 8.1′ is moderately substantial (32.4 percent)
Whereas the violating condition of Property #1 came into existence via a Quit Claim Deed filed 18 May 2006
Whereas property lines were altered in violation of the SUP Site Plan (#PB 1997-06)
Whereas the hardship was self-created via the Quit Claim Deed adjustment in violation of SUP site plan
Whereas the request will substantially benefit the applicant without creating any negative impact upon the neighborhood as there are no proposed changes to Property #1
Whereas the only person to speak at the public hearing (held 19 January and 16 February 2017) was the owner of Property #2 (Kruger) who brought up the fact that he would have a similar problem due to setback violations
Therefore, based upon facts and information obtained and reasons stated above, the Town of Rochester Zoning Board of Appeals, on this 16th day of February 2017, hereby approves an 8.1′ Area Variance for the rear yard setback re Property #1 for 10 Queens Highway, LLC owners James O’Shea and Bjorn Quenemoen with the following conditions that shall be met within 30 days. Upon conditions being met ZBA Chairman may sign the Decision without having to come back to the ZBA for authorization.
• Proof of Conveyance from Krupp to 10 Queens Highway, LLC
• Letter re applicant substitution from Krupp to 10 Queens Highway, LLC
Mr. Fornal motioned to approve the variance for the variance as stated above with the amendments. Mr. Fischer seconded the motion.
5 ayes, 0 nays, 0 abstain, 0 absent
Mallery: Yes Baker: Yes
Fornal: Yes Fischer: Yes
Collins: Yes
The Board discussed how they would like the minutes to be presented. The Board came to the decision to not approve the minutes but will read them over.
Other Matters:
Chairman Mallery told the Board that there will be training on Saturday, March 25th 2017 which will be open to anyone that would like to attend.
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 8:20PM Chairperson Haugen De Puy adjourned the meeting.
Respectfully submitted,
Shaye Davis, Secretary