ZBA Minutes – November 2017

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

MINUTES of November 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: ABSENT:
Cliff Mallery
Steven Fornal
Erin Enouen
Charles Fischer
Bruce Psaras

Also present:
William Barringer, Alternate. Shaye Davis, Secretary.

Continued Application – Continued Public Hearing
2017-03 AV – Area Variance
Willfred and Susan Neff/Rondout Creek Solar, LLC
12 Pompay’s Cave Rd, Tax Map #59.4-2-7.111 AR-3 Zoning District. 91.6 acres.
Area Variance – As per “Large Scale Solar Energy Systems shall not be permitted to
be constructed on areas of prime farmland as designated by the US Department of
Agriculture
Proposing development of a 20-acre utility scale community solar farm using ground mounted
solar panels.

No one was present on behalf of the application.

The Board spoke about a letter to be sent to the applicant.

Mr. Fornal motioned for the Board to send a letter to the applicant asking for a map that shows all the panels over the prime farmland and all of the safety data sheets and who manufactures the panels. Mr. Fischer seconded the motion.
Motion Carried. All in favor.
5 ayes, 0 nays, 0 abstain, 0 absent

Continued Application – Public Hearing
2017-06 AV –Area Variance
Burt and Anna Angrist
39 Nutmeg Road, Tax Map #77.2-3-31 R-5 Zoning District. 2.58 acres.
Proposes to construct car port but needs variance due to only having 18’ from side yard when 50’ is required.

Burt and Anna Angrist were present on behalf of the application.

Chairman Mallery opened the meeting for public hearing. He continued to read a letter from the Angrist’s neighbor in favor of the Board granting the variance for the carport.

There were no questions or comments from the Board or the public.

Mr. Fornal motioned to close the public hearing. Ms. Enouen seconded the motion.
Motion Carried. All in favor.
5 ayes, 0 nays, 0 abstain, 0 absent

Facts established and DECISION:
Whereas the Angrist’s submitted an Application Of Zoning Permit And Classification (#17-383) on September 21, 2017 for the construction of a carport within 18′ of their property line.

Whereas the applicants were informed that an area variance would be required and, so filed an Application To The Zoning Board Of Appeals (#17-06 AV) submitted September 26, 2017 requesting an area variance.

Whereas the applicants’ can only place the desired carport where shown in the sketch “Proposed Carport/Storage Structure” (submitted with application #17-383) as existing driveway and well location restrict it from being located anywhere else on the property and still serve the purpose of shielding cars from snow and ice with easy access into home via door to be constructed in Utility Room.

Whereas the applicants have only 18′ available from corner of proposed Carport to nearest property line thereby violating the R-5 zoning district requirement for 50′ side yard setback which is an infringement of 32′.

Whereas the applicant does not own any contiguous property.

Whereas the variance requested (32′) is a very substantial at 64 percent.

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. It should be noted that the applicant submitted a short-form EAF (Environmental Assessment Form) that demonstrates no impacts on the environment.

Whereas the hardship was not self-created as the property w/building was purchased and/or existed as is prior to 2009 density change to the Schedule of District Regulations in the Town of Rochester Zoning Code.

Whereas the Zoning Board of Appeals received a letter from bounding property owners Ann Ryan and G. Steve Jordan (26 September 2017) stating they had no objections to the proposed carport placement.

Whereas the request will substantially benefit the applicant without creating any negative impact upon the neighborhood.

Whereas no one spoke for or against the application at the public hearing held 16 November 2017

Therefore, based upon facts and information obtained and reasons stated above, the Town of Rochester Zoning Board of Appeals, on this 16th day of November 2017, approves this Area Variance of 32′.

Public Comment: None

Motion made by Mr. Fornal
Seconded by Mr. Psaras

Vote: Ayes: ¬¬¬¬¬¬¬ 5 Nays: 0 Abstain: 0 Absent: 0

Adopted: November 16th, 2017

Mr. Fornal motioned to adjourn the meeting at 7:32pm. Mr. Psaras seconded the motion.
Motion Carried. All in favor.
5 ayes, 0 nays, 0 abstain, 0 absent

Respectfully submitted,
Shaye Davis, Secretary