ZONING BOARD OF APPEALS
TOWN OF ROCHESTER
ULSTER COUNTY
ACCORD, NEW YORK
(845) 626-2434
torpbzba@hvc.rr.com
MINUTES of June 15th, 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: ABSENT:
Cliff Mallery Greta Baker
Steven Fornal
Rebecca Collins
Charles Fischer
Also present:
Erin Enouen, Alternate. Shaye Davis, Secretary.
At 7:00pm the alternate Erin Enouen
Continued Application
Mara Kearney
96 Krum Road, Tax-Map #68.3-3.13 R-2 Zoning District. 3.8 acres.
Area Variance – – Lack of Density according to schedule of district regulations
Proposing to add a second dwelling unit on 2nd floor of the storage building
Mara Kearney was present on behalf of the application.
Chairman Mallery asked the Board if they had any questions.
There were no comments or questions.
Chairman Mallery opened the meeting up for public comment.
No one from the public spoke on behalf of the application.
Mr. Fornal motioned to close the public hearing. Mr. Fischer seconded the motion.
All in favor. Motion carried.
5 ayes, 0 nays, 0 abstain, 1 absent
Whereas the applicant owns a home on a parcel consisting of 3.806 acres in an R-2 Zoning District and wishes to convert a storage building’s second floor into a residential space with kitchen and bathroom.
Whereas the applicant filed an Application of Zoning Permit and Classification (#17/076) and was directed by the Code Enforcement Officer to the ZBA for a variance.
Whereas the applicant then appeared before the ZBA for a Pre-App discussion (20 April 2017).
Whereas the applicant filed an Application to Zoning Board of Appeals (#17-02 AV) on 24 April 2017.
Whereas the storage building first received it’s Certificate of Compliance (#97/368) for 40′ x 30′ garage on 14 April 1999.
Whereas the storage building’s second floor addition received its Certificate of Compliance (#99/043) on 14 April 1999.
Whereas the applicant lacks 0.194 acres in order to have two residential uses on the parcel (four acres required as per Town of Rochester’s Schedule of District Regulations; two acres per residential use).
Whereas the applicant does not own any contiguous property.
Whereas the proposed bathroom and kitchen waste water in the storage building will be using a new septic system.
Whereas the existing well will be shared to provide water to the proposed living space.
Whereas according to SEQR law per 6 NYCRR Part 617.5(c)(13) this application is considered a Type II action and requires no further review. It should be noted that the applicant submitted a short-form EAF (Environmental Assessment Form) that demonstrates no impacts on the environment.
Whereas the variance requested (0.194 acre) is minimal at 4.85 percent.
Whereas the hardship was not self-created as the property w/buildings was purchased prior to 2009 density change to the Schedule of District Regulations in the Town of Rochester Zoning Code.
Whereas the request will substantially benefit the applicant without creating any negative impact upon the neighborhood.
Whereas no one spoke for or against at the public hearing held 15 June 2017.
Therefore, based upon facts and information obtained and reasons stated above, the Town of Rochester Zoning Board of Appeals, on this 15th day of June 2017, approves the Area Variance for 0.194 acre to accommodate a second residential use provided the following conditions be met:
• Ulster County Health Department approval of new septic system shall be obtained
• A building permit shall be obtained from Town of Rochester Code Enforcement Office
Public Comment: None
Motion made by Mr. Fornal
Seconded by Ms. Collins
Vote: Ayes: ¬¬¬¬¬¬¬ 5 Nays: 0 Abstain: 0 Absent: 1
The Board discussed the procedures of the Zoning Board of Appeals.
Mr. Fischer motioned to adjourn the meeting at 7:19pm. Mr. Fornal seconded the motion.
All in favor. Motion carried.
5 ayes, 0 nays, 0 abstain, 1 absent
Respectfully submitted,
Shaye Davis, Secretary