ZONING BOARD OF APPEALS
TOWN OF ROCHESTER
ULSTER COUNTY
ACCORD, NEW YORK
(845) 626-2434
torpbzba@hvc.rr.com
MINUTES of September 15, 2016 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, Troy Dunn
Steven Fornal
Cliff Mallery, Vice Chair
Charles Fischer
Also present:
Rebecca Collins, Alternate. Rebecca Paddock Stange, Secretary.
Because Mr. Dunn was absent from the meeting, Chairperson Haugen De Puy asked Mrs. Collins, Alternate, to join the Board.
APPLICATION DISCUSSION
Marina Cashdan and Antony Crook, Area Variance required for 6’ fence height in front yard, 15
Granite Road, Tax Map # 77.9-1-32, Hamlet District
Mr. Crook was present on behalf of the application.
Chairperson Haugen De Puy noted that the applicants had come to the Board a year ago, and had a pre-application conference, but never followed through on their application. They are now coming back to familiarize the Board with their request and to continue on with the application process.
Mr. Crook noted that he had taken photos of the house and property and submitted them to the Board. The current fence is 4’ high, but they are asking for 6’ as they believe it will help to keep lights from cars on the road out of their windows at night. They also believe that by adding 2’ to the fence it will discourage children from climbing it as they are on a busy road. They hope that this will also reduce noise from traffic on the road. They are hoping to reinstate the large 14’ square windows, which would make their current problem worse. He looked at installing trees where they plan to install the fence, but there are big rocks that run along the side of the property and would make it very difficult to plant the trees to get the same effect as the fence.
Mr. Fornal noted that the windows appeared to be higher than 6’. He was concerned that even 6’ wouldn’t block the light from cars.
Mr. Crook agreed that the windows were high, but he believed it would help to lessen the impact of the lights from cars and obscure vehicles from their view. The most light comes from cars driving toward Main Street. He then showed the Board where he’d like the fence to go and he showed them how the current fence was missing about 20’ of length that he felt was important to add to help even more. He explained that this building was originally a business and then was converted to a residence. He believed the last time it was occupied as a business was in the early 90’s. He has pictures of the property from the 1970’s and there is no fence at that time.
Chairperson Haugen De Puy explained that because a variance goes with the land, the Board cannot take into account personal circumstances to grant a variance, they have to base their decision on the physical constraints of the property.
Mr. Crook noted that about a month ago their home was broken into. He believed that this would also add security to his home.
Chairperson Haugen De Puy read the balancing test which the Board uses to make determinations:
1. whether the applicant can achieve this request by other means.
2. whether the application will cause an undesirable change in the neighborhood character or nearby properties.
3. Whether request will have adverse environmental effects.
4. whether the request is substantial.
5. whether the situation is self-created.
Mr. Crook also noted that the fence opposite his property is also a 6’ high fence, so this would be consistent with the neighborhood. He then explained that his property actually on both sides of Granite Road and he owned the same length across the street as was the fence length that he was proposing.
The Board discussed what this information meant to the request for the variance, and where the front yard setbacks would be established from. They questioned whether a variance would be needed if the applicant could stay a certain distance away from the center of the road.
Mr. Crook noted that he believed his fence was currently 21’ from the center of the road.
The Board agreed that this was a question for the Attorney for the Town and that Chairperson Haugen De Puy would draft a letter and send it to get an answer.
Mr. Fornal motioned to schedule the Public Hearing for the 20th of October 2016 dependent upon the Attorney for the Town’s answer to the Board’s question as to if a variance would be required in light of the fact that the parcel extends over Granite Road. Pending the Attorney’s response, the Board will either cancel or hold the Public Hearing accordingly. Seconded by Mr. Fischer. No discussion.
Vote:
Haugen-DePuy- Yes Mallery: Yes
Dunn- Absent Fornal: Yes
Fischer- Yes *Collins: Yes
Motion carried.
5 ayes, 0 nays, 0 abstain, 1 absent *includes alternate
The Board discussed whether or not they thought trees could be more effective for screening purposes than the proposed fence. The questioned each other as to the business of the street and whether it may even be warranted?
Mrs. Fischer, a member of the audience, who drives a school bus for a living drives this section of the Town and roads every school day and noted that in her experience, that section of road gets a lot of traffic.
Minutes of Meeting:
Chairperson Haugen De Puy motioned to accept the June 16, 2016 Minutes. Seconded by Mr. Fischer. No discussion.
Vote:
Haugen-DePuy- Yes Mallery: Abstain
Dunn- Absent Fornal: Yes
Fischer- Yes *Collins: Yes
Motion carried.
4 ayes, 0 nays, 1 abstain, 1 absent *includes alternate
Chairperson Haugen De Puy motioned to accept the July 21, 2016 Minutes. Seconded by Mr. Fischer. No discussion.
Vote:
Haugen-DePuy- Yes Mallery: Abstain
Dunn- Absent Fornal: Yes
Fischer- Yes *Collins: Yes
Motion carried.
4 ayes, 0 nays, 1 abstain, 1 absent *includes alternate
Chairperson Haugen De Puy motioned to accept the August 4, 2016 Minutes. Seconded by Mr. Fischer. Discussion:
Mr. Mallery questioned if something that he is credited with saying was accurate. The Board agreed to have the item revised on Page 4.
Vote:
Haugen-DePuy- Yes Mallery: Abstain
Dunn- Absent Fornal: Yes
Fischer- Yes *Collins: Yes
Motion carried.
4 ayes, 0 nays, 1 abstain, 1 absent *includes alternate
Mr. Fischer motioned to accept the August 18, 2016 Minutes. Seconded by Mr. Fornal. No discussion.
Vote:
Haugen-DePuy- Yes Mallery: Abstain
Dunn- Absent Fornal: Yes
Fischer- Yes *Collins: Yes
Motion carried.
4 ayes, 0 nays, 1 abstain, 1 absent *includes alternate
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 7:37PM Chairperson Haugen De Puy adjourned the meeting.
Respectfully submitted,
Rebecca Paddock Stange, Secretary