ZONING BOARD OF APPEALS
TOWN OF ROCHESTER
ULSTER COUNTY
ACCORD, NEW YORK
(845) 626-2434
btetro@townofrochester.ny.gov
MINUTES of the January 21st, 2021 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:
Bruce Psaras, Chair Steve Fornal
Charlie Fischer Cliff Mallery
Bill Barringer
ALSO PRESENT: Mary Lou Christiana, Town Attorney. Brianna Tetro, Secretary. Councilwoman Erin Enouen, meeting host.
Chair Psaras called the meeting to order.
The secretary did roll call.
*Chair Psaras 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.”
Chair Psaras thanked Mr. Cliff Mallery for his time and service. He added he wanted to include a discussion about the regular meeting start time in Other Matters that evening.
APPLICATIONS:
CONTINUED APPLICATION/PUBLIC HEARING
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.
Mrs. Nadine Carney was present on behalf of the application. Mr. Craig Williams was also present for the application.
Mrs. Carney explained the purpose of the application to refresh the Board and the public. She showed the Board the proposed map of the property should the area variance be approved.
Mr. Barringer asked if the property line to the house was 55. 6 ft.
Mrs. Carney responded that was the current distance.
Mr. Barringer asked if that would change.
Mrs. Carney stated the new line being created would encroach.
Mr. Barringer questioned why the lot line couldn’t be changed in order to not have it encroach.
Mrs. Carney explained the applicant wanted to keep it was it were and that it would only be a small corner of the existing garage that would encroach.
The Board discussed alternative options so the applicant would not need a variance.
Attorney Christiana stated if the lot line was moved or changed, it would require the applicant to seek an even larger variance.
Chair Psaras opened the public hearing.
There were no public comments.
Mr. Barringer made the motion to close the public hearing. Chair Psaras seconded the motion.
Roll Call:
Chair Psaras- Yes
Mr. Fischer- Yes
Mr. Barringer- Yes
3 ayes, 0 nays, 0 abstentions, 2 vacancies.
Mrs. Carney added that a negative declaration for SEQRA had been declared by the (Town of Rochester) Planning Board on December 14th, 2020.
Mr. Psaras noted the application had been sent to the Ulster County Planning Board who did not voice concerns or issues.
Mr. Barringer stated that the proposed right of way still needed to be addressed.
Attorney Christiana stated that was a Planning Board issue and since the application was still currently in front of that Board, it would be noted.
Mr. Barringer stated the ZBA should then wait for the Planning Board outcome before they made a decision.
Attorney Christiana explained the Planning Board needed the ZBA to grant a variance in order for them to move forward on the subdivision.
Mrs. Carney also noted there was no longer a need for a Use Variance because they had obtained a building permit for the proposed structure to be turned into a residence and no longer a garage.
Chair Psaras made a motion:
DECISION # ZBA 2020-06AV
Applicant: Craig and Allison Williams (Applicant/Owner)
Reason for Request: The application proposes a side yard setback variance of 9.4 feet to accommodate a property line adjust for a two lot subdivision.
Location: 533 Old Kings Hwy. Total Acreage: +/- 30.7 acres
S/B/L: 77.1-2-24.100 Zoning District: AR-3
Code Enforcement Determination: Area Variance Zoning Application Number: 2020-06AV
Zoning Board of Appeals Application: 2020-06AV SEQR Type: Unlisted Action
ZBA Application filed: 10/15/2020 SEQR Determination: Negative Declaration: Planning Board: 1-11-2021
EAF filed:January 11th, 2021 Other Agency Referrals:Ulster County Planning Board
Documents considered by the Zoning Board of Appeals for review:
1. 10-15-2020-Narrative-Williams-Area Variance
2. 10-15-2020-Perc Test-Williams-Area Variance
3. 10-15-2020-SHPO Map and Ag Data Statement-Williams-Area Variance
4. 10-15-2020-Williams-Area Variance-CEO letter to ZBA
5. 10-15-2020-Williams-Area Variance-ZBA Application
6. 10-15-2020-Williams-EAF Part I- Area Variance
7. 10-15-2020-Williams-Zoning Permit-Area Variance
8. 2020-14 Craig Williams Plot 111-16-2020
9. 12-21-2020-UCPB Referral Form-Williams-AV
10. Copy of Williams-Survey Map of Subdivision
11. 01-5-2021-Williams-Building Permit-Area Variance
12. 01-5-2021-Williams-Revised Zoning Determination-Area Variance
13. 01-11-2021-UCPB Response to Referral-Williams-Area Variance
Notice of Public Hearing:
1. Published in the Shawangunk Journal: January 7th, 2021
2. Notice by mail to known landowners within 500’ and application referral agencies: January 5th, 2021
3. Posted on the Town of Rochester Clerk bulletin board : January 5th, 2021
Date(s) of Public Hearing: 01/21/2021 Place: Remote Dial-in as a consequence of Covid-19
Public Comment: (see Minutes of Town of Rochester Zoning Board of Appeals – 01/21/2020
The Town of Rochester Zoning Board of Appeals hereby makes the following findings with respect to the specific criteria for area variances as set forth in the of the Town’s Code local law § 140-12
1. Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the area variance.
a) Yes No
a) Finding: Granting a variance for an approximately 9.4 foot side yard setback would not result in an adverse physical impact. The shared driveway proposed in this application is in keeping with the town’s comprehensive plan.
2. Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance.
b) Yes No
c) Finding: Existing buildings and septic fields limit the applicant’s available options.
3. Whether the requested area variance is substantial.
a) Yes No
b) Finding: The application proposes a moderately substantial variance of approximately 24%.
4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district.
a) Yes No
b) Finding: There is neither a positive nor a negative impact on the physical or environmental conditions.
5. Whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the board of appeals, but shall not necessarily preclude the granting of the area variance.
a) Yes No
b) Finding: The difficulty is self-created, is not unique to the property and is shared by other properties in the district.
Determination based on the above factors:
It is hereby determined by the Town of Rochester Zoning Board of Appeals the request for an area variance Granted.
Mr. Barringer seconded the motion.
There was no discussion.
The Board voted on the presented motion:
Motion made by Chair Psaras. Mr. Barringer seconded the motion
All in Favor. Motion Carried.
Roll Call:
Chair Psaras- Yes
Mr. Fischer- Yes
Mr. Barringer- Yes
3 ayes, 0 nays, 0 absent, 0 abstentions, 2 vacancies.
OTHER MATTERS:
Update on Sean and Allison Hoots Article-78 Appeal:
Attorney Christiana updated the Board with the results of the appeal from Mr. And Mrs. Sean and Allison Hoots. She stated the Town had won the Hoots appeal and she commended the Board once again on the through job they had done.
Accepting the meeting minutes from the May 21st, June 18th, July 16th, August 20th, September 17th, October 15th, November 19th, 2020, and December 17th, 2020 regular meetings:
Mr. Barringer made the motion to accept all outstanding regular meeting minutes. Chair Psaras seconded the motion.
Roll Call:
Chair Psaras- Yes
Mr. Fischer- Yes
Mr. Barringer- Yes
3 ayes, 0 nays, 0 absent, 0 abstentions, 2 vacancies.
2020 year in review report:
Chair Psaras stated he had made adjustments to the 2020 year end report with the rest of the Board’s input.
Chair Psaras made the motion to send the 2020 year end report to the ZBA’s Liaison Erin Enouen to be presented to the Town Board as amended. Mr. Fischer seconded the motion.
Roll Call:
Chair Psaras- Yes
Mr. Fischer- Yes
Mr. Barringer- Yes
3 ayes, 0 nays, 0 absent, 0 abstentions, 2 vacancies.
Invitation to attend January 25th, 2021 Planning Board Workshop meeting:
Chair Psaras explained that the Planning Board had reached out to extend an invitation to the ZBA to attend their January 25th workshop meeting. He stated this was something had discussed doing with the Planning Board Chair from time to time so that both Board’s could be up to date and informed of what the other was reviewing and processing.
Chair Psaras made the motion to accept the invitation to attend the January 25th, 2021 Planning Board Workshop meeting. Mr. Fischer seconded the motion.
Roll Call:
Chair Psaras- Yes
Mr. Fischer- Yes
Mr. Barringer- Yes
3 ayes, 0 nays, 0 absent, 0 abstentions, 2 vacancies.
Change to meeting start time:
Chair Psaras explained that Mr. Barringer had reached out about possibly changing the meeting start times from 7:00pm to 6:00pm.
Mr. Barringer made the motion to change the meeting start time from 7:00pm to 6:00pm. Chair Psaras seconded the motion.
Roll Call:
Chair Psaras- Yes
Mr. Fischer- Yes
Mr. Barringer- Yes
3 ayes, 0 nays, 0 absent, 0 abstentions, 2 vacancies.
Chair Psaras noted the time change would need to be noticed to the Paper and Website.
ADJOURNMENT:
Mr. Barringer made the motion to adjourn the meeting at 8:00pm. Mr. Fischer seconded the motion.
Roll Call:
Chair Psaras- Yes
Mr. Fischer- Yes
Mr. Barringer- Yes
All in Favor. Motion Carried.
3 ayes, 0 nays, 0 absent, 0 abstentions, 2 vacancies.
Respectfully Submitted,
Brianna Tetro, Secretary
Accepted February 18th, 2021