ZONING BOARD OF APPEALS
TOWN OF ROCHESTER
ULSTER COUNTY
ACCORD, NEW YORK
(845) 626-2434
torpbzba@hvc.rr.com

MINUTES of June 18, 2015 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 Cliff Mallery, Vice Chair Charlie Fischer
Steven Fornal
Troy Dunn

Also present:
John Dawson, III, Alternate. Rebecca Paddock Stange, Secretary.

Chairperson Haugen De Puy noted that as Mr. Mallery was absent, the Alternate would be seated for this application as a regular member.

CONTINUED PRE-APPLICATION PRESENTATION
ROMAN BOHONOWYCH- 16 Sidney Street, Kerhonkson, Area Variance required for 26’ as per Section 140-42C for front yard setback, Tax Map # 84.7-1-43.111, R-2 District

Mr. Bohonowych was present on behalf of his application.
At separate times, Chairperson Haugen De Puy, Mr. Fischer, and Mr. Fornal all visited the property since the last meeting.

Mr. Fornal questioned when the bungalows in this neighborhood were originally built?

Mr. Bohonowych answered in the 1940s. He wasn’t really sure.
Chairperson Haugen De Puy believed it was closer to the 1960s, but prior to zoning.
Mr. Dunn stated that he did not visit the property.

Mr. Bohonowych stated that he bought his house in the 1980’s. The applicant submitted a copy of the survey map from when he purchased his home.

Mr. Fornal noted that when the applicant originally purchased his home, the home was only 11-12’ away from the property line. Since that time, the applicant bought additional property from his neighbor which increased the distance from the applicant’s home to the property line. This information makes a big difference.
Mr. Bohonowych noted that his neighbor sold him the property and they did a lot line adjustment that gave him an additional 19-20’.

Mr. Fornal noted that this parcel is odd, in that the way in which the road is laid out, he believed that this could be construed as a side yard setback. The point is that the applicant brought in the original survey and this basically shows that the applicant would like to revert close to the original setback distance of when he purchased the property. It’s almost like he’s not even asking for a variance, just to put it back to how it was originally purchased.

Mr. Bohonowych agreed and noted that the setback would be returned back to what it was when he bought the house 30 years ago.

Mr. Fornal believed that this could be looked at more like a 1 or 2’ variance.

Chairperson Haugen De Puy noted that when she visited the property, the trees in between the two properties were mature and screened the neighbors well.

Mr. Fornal noted that the slopes and septic are issues if he were to try and move this addition to another part of the house as to not ask for a variance. This is new information that is presented that will definitely add to the Board’s facts and findings when rendering a decision.

The chairperson agreed with Mr. Fornal.

Mr. Fornal noted that the applicant could level out some of the rolling slopes, but it would still interfere with the septic. The addition would seem to be problematic without putting it in this location. After visiting the site, he also noted that this would be an improvement to the current conditions of the neighborhood.

Mr. Fischer agreed and didn’t see a better way for the applicant to achieve his goal.

Mr. Bohonowych invited Mr. Dunn to visit his property to get a better understanding of the circumstances involved.

Mr. Fischer motioned to set the Public Hearing for September 17, 2015. Seconded by Mr. Fornal. No discussion.
Vote:
Haugen- De Puy, Chairperson- Yes Mallery, Vice Chair- Absent
Dunn- Yes Fornal- Yes
Fischer – Yes Dawson, alt- Yes

Motion carried.

The Board noted that it appeared to be 8’6” from the side.

Mr. Bohonowych stated that it probably wouldn’t be any more than 11’. It may also be less—maybe 10’.

ACTION ON MINUTES
Mr. Fischer motioned to accept the May 21, 2015 Minutes. Seconded by Mr. Fornal. No discussion.
Vote:
Haugen- De Puy, Chairperson- Yes Mallery, Vice Chair- Absent
Dunn- Abstain Fornal- Yes
Fischer – Yes Dawson, alt- Yes

Motion carried.

OTHER MATTERS:
Chairperson Haugen De Puy made a motion to cancel the August meeting as the Secretary would be away on vacation. If any business came in the Board would put it on the September Agenda. Seconded by Mr. Fischer. All Members present in favor.

APPLICATIONS ONLINE:
Chairperson Haugen De Puy noted that the Town Board has requested that the applications be placed online. The ZBA would do this once a Final Application has been submitted.

ZONING COMMITTEE
Mr. Fischer informed the Board that the Town Board would be forming another Zoning Committee in the coming months.

REVISIONS TO SECTION 140-43
Mr. Fornal informed the Board that Section 140-43 needed to be re-written to specify primary and accessory structures.

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 7:23PM Chairperson Haugen De Puy adjourned the meeting.

Respectfully submitted,

Rebecca Paddock Stange, Secretary