ZBA Minutes – February 2020

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

MINUTES of the February 20th, 2020 Town of Rochester Zoning Board of Appeals, held at the Harold Lipton Community Center, Accord, NY.

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 Erin Enouen
Charlie Fischer

ALSO PRESENT: Mary Lou Christiana, Town Attorney, William Barringer, Alternate. Brianna Tetro, Secretary.

APPLICATIONS:

Chair Mallery noted that Alternate Mr. Barringer would be joining the discussion as they were down two members.

NEW APPLICATION:
2020-02AV- Borrego Solar/ Paddock, Adam & Jaime
Area Variance
4784 Route 209/ SBL: 69.3-2-23/ R2
Proposed Use: The northeastern property line is proposed to be moved approximately 35’-50’ to the northeast, enlarging the size of the lot to 2.896 acres.
-Area Variance required: Proposed use not permitted. Making a non-comforming use more non-comforming.

Mr. Brandon Smith from Borrgeo was present on behalf of the application.

Mr. Smith gave a summary for what the application was all about. He explained that it had nothing to do with the solar project on the property and noted there would be no changes to the use or physical structures.

Chair Mallery asked if there were buildings on either side of the easement.

Mr. Smith stated there were two residential homes.

Mr. Psaras asked the width of the easements.

Mr. Smith said there was 50 ft for both.
Mr. Psaras asked if it was possible to move the line in the other direction.

Mr. Smith explained that it would create a reverse parcel and the driveway would be seperate from the driveway, which wouldn’t make sense. He also noted it would make the property more difficult to sell, should that be an option, in the future.

Chair Mallery explained the road would exist no matter what and that the Paddocks had created the easement for the solar farm.

Mr. Psaras questioned the need for the lot line at all.

Mr. Mallery stated it would be for a future selling point.

Mr. Smith reiterated that moving the line in the opposite direction would create a worse parcel and that the residence would be separate from the driveway.

Mr. Barringer asked if it would be possible to move the roadway over.

Attorney Christiana said it would need DOT approval.

The Board discussed other options for the lot line without the need for a variance.

Mr. Fischer made the motion to set the application for public hearing at the March 19th, 2020 meeting. Mr. Psaras seconded the motion.
All in Favor. Motion Carried.
4 ayes, 0 nays, 0 absent, 0 abstentions, 2 vacancies.

NEW APPLICATION/ PRE-APP
2020-01AV- Hoots, Allison& Sean
Area Variance
122 Catalpa Ln. / SBL: 77.3-1-8/ R2
Proposed Use: Use the space that is just under 800 sq ft of accessory building for
private commerical music studio, consistent with a Class II Home Occupation
Class II- requiring an area variance to fit musical instruments and equipment.
– Area Variance required: Home Occupation Class II: Proposed exceeds 500 sq ft of floor area 140- 19 A.

Mr. And Mrs. Sean and Allison Hoots were present on behalf of the application.

Mrs. Hoots explained they needed an area variance in order to obtain a Class II Home Occupation because they were over the 500 sq ft limit as the space was 784 sq ft. Mrs. Hoots stated that even though they were over the limit by 284 sq. ft. She felt this was a reasonable application and that the space was necessary to run a personal studio and have room for the instruments, equipment, people, etc.

Mr. Hoots stated the instruments included items like a baby grand piano and other musical items of various sizes.

Mrs. Hoots said there would be no disturbance to any of their neighbors. She explained it was a private music studio that would not be open to the public; mostly just to friends, and it would be a personal residential operation with some commercial activities.

Mr. Hoots said he would be the engineer and producer if they had people using the space and he would not leave recording studio. He also noted he would never lease the space.

Mrs. Hoots explained that there were several surrounding properties that had business activities that generated more noise and traffic than their purposed recording studio and that they had already completed a sound study.

Mr. Hoots said they had recently had a birthday party for their daughter with a lot of guests and they would never have that many vehicles for the recording studio.

Mrs. Hoots said they were not expanding, everything was existing.

The Board discussed the studio and the area and the exact dimensions.

Mrs. Hoots also stated that she was going to have a home occupation for herself, for her law office, but that when she went in front of the Planning Board they had told her she needed to present both home occupations together. She said if the applications had to be looked at together, than that should give them 1000 sq ft and since she only needed about 100 sq ft for her own home occupation then that would give Mr. Hoots 900 sq ft.

Attorney Christiana reminded Mrs. Hoots that the Planning Board had stated they needed to look at both applications together for SEQRA purposes only, it did not permit two home occupations to be put together.

Chair Mallery asked if they would have any employees.

Mr. Hoots said he would be the engineer and charge an hourly rate to use the space. He said the singer/songwriter using the studio could use the instruments in the space as well.

Mrs. Hoots stated they had not had any neighborhood complaints since the operation had begun in November. She said that two of the neighbors who had been part of a previous appeal against them had apologized.

Mr. Fischer said he would like to see something in writing from those two neighbors.

Mr. Barringer asked if they could hear the neighbors, why couldn’t the neighbors hear them.

Mr. Hoots explained how the studio had been sound proofed.

The Board and Mr. And Mrs. Hoots discussed further why they would or would not need a variance.

Mr. Psaras made the motion to set the application for public hearing at the March 19th, 2020 meeting contingent on all fees for the application to be paid. Mr. Fischer seconded the motion.
4 ayes, 0 nays, 0 absent, 0 abstentions, 2 vacancies.

OTHER MATTERS:

Chair Mallery made the motion to table the December 19th, 2019 meeting minutes until the March 19th, 2020 meeting. Mr. Fischer seconded the motion.
All in Favor. Motion Carried.
4 ayes, 0 nays, 0 absent, 0 abstentions, 2 vacancies

ADJOURNMENT:

Mr. Psaras made the motion to adjourn the meeting at 7:49pm. Mr. Barringer seconded the motion.
All in Favor. Motion Carried.
4 ayes, 0 nays, 0 absent, 0 abstentions, 2 vacancies.

Respectfully Submitted,

Brianna Tetro, Secretary
Accepted, April 16th, 2020