ZONING BOARD OF APPEALS
TOWN OF ROCHESTER
ULSTER COUNTY
ACCORD, NEW YORK
(845) 626-2434
torpbzba@hvc.rr.com
MINUTES of September 21st, 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 Bruce Psaras
Steven Fornal
Erin Enouen
Charles Fischer
Also present:
William Barringer, Alternate. Rebecca Paddock-Stange was present on behalf of the secretary, Shaye Davis.
Continued Application
2017-04AV – Area Variance
Sara Harris
4 City Hall Rd, Tax-Map #68.3-2.51 R-2 Zoning District. 2.92 acres.
Area Variance – Lack of Density according to schedule of district regulations
2 homes on 2.92 acre lot in R-2 zoning district. Proposing a 2 lot subdivision to
put each house on separate lots.
SEQRA: To be determined
Terry Ringler, the surveyor was present on behalf of the application.
Mr. Ringler explained to the Board why they needed the area variance.
Mr. Fornal motioned to declare a negative declaration under SEQRA. Mr. Fischer seconded the motion.
Motion carried. All in favor.
Roll Call Vote:
Chairman Mallery – Yes Enouen – Yes
Fornal – Yes Fischer – Yes
Psaras – Absent
4 ayes, 0 nays, 0 abstain, 1 absent
The Board opened the meeting for public hearing during the application at 7:01PM.
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.
4 ayes, 0 nays, 0 abstain, 1 absent
Facts established and DECISION:
Sara Harris Area Variance, R-2 Zoning District – Request is for a density variance of 1.07 acre in order to subdivide existing 2.93 acre property with two residential uses at 4 City Hall Road and Queens Highway, Accord, NY; Tax Map # 68.3-2.51
Whereas the applicant owns a home in an R-2 zoning district on a 2.93 acre parcel with a second residential unit legally constructed replete with Certificate of Occupancy and Ulster County Health Department approval of water and septic (2005).
Whereas the applicant currently rents the second residential unit on the premises and now wishes to subdivide the property in question in order to sell that second house/lot.
Whereas the applicant’s representative, surveyor Terry Ringler, appeared before the Town of Rochester Zoning Board of Appeals for a pre-app discussion on 20 April 2017
Whereas the applicant filed an Application To Zoning Board Of Appeals (#17/04) on 10 July 2017 requesting an area variance due to insufficient acreage.
Whereas the applicant lacks 1.07 acres in order to have two residential uses on the split parcel (four acres required as per Town of Rochester’s Schedule of District Regulations; two acres per residential use in an R-2 zoning district).
Whereas the applicant seeks to create a 2 acre lot and a .93 acre lot which will create one non-conforming lot whereby the minimal variance is sought to achieve the goal of the applicant.
Whereas the applicant does not own any contiguous property.
Whereas according to SEQR law this application is considered an UnIisted action requiring a short-form EAF (Environmental Assessment Form) be filed.
Whereas the EAF (submitted 10 July 2017, reviewed by ZBA 20 July 2017) demonstrated there will be no impacts on the environment and therefore received a Negative Declaration.
Whereas the variance requested (1.07 acre) is substantial at 53.5 percent.
Whereas the hardship was not self-created as the second residential unit was legally constructed in 2005 prior to 2009 density change to the Schedule of District Regulations in the Town of Rochester Zoning Code.
Whereas the variance request will create no change or negative impact upon the neighborhood nor will it have an impact on density as the two residential structures already exist.
Whereas the area variance will substantially benefit the applicant.
Whereas no one spoke for or against at the public hearing held 21 September 2017.
Therefore, based upon facts and information obtained and reasons stated above, the Town of Rochester Zoning Board of Appeals, on this 21st day of September 2017, approves the Area Variance for 1.07 acre to accommodate a second residential use provided the following condition be met:
• A minor subdivision approval from the Town of Rochester Planning Board
Public Comment: None
Motion made by Mr. Fornal
Seconded by Ms. Enouen
Vote: Ayes: ¬¬¬¬¬¬¬ 4 Nays: 0 Abstain: 0 Absent: 1
Adopted: September 21st, 2017
Continued Application
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.
SEQRA: To be determined
John Reagan was present on behalf of the application.
Chairman Mallery stated that the Planning Board believes it would be the most expedient and efficient method for the application to proceed with the special use permit concurrent with the application in front of the Zoning Board of Appeals. He added that no action can be taken by either Board until SEQRA would be complete. He noted that it was completely optional for the applicant to proceed with the Planning Board application while the variance was still under review by the Zoning Board of Appeals.
Mr. Reagan stated that he thought that would work.
Chairman Mallery asked for the applicant to send a letter stating that they understand how they are proceeding and the way that they are proceeding and that they understand any and all risks that may happen. He also added that the Planning Board had accepted lead agency.
Mr. Fornal motioned to accept the Planning Boards acceptance of lead agency status. Mr. Fischer seconded the motion.
Motion carried. All in favor.
Roll Call Vote:
Chairman Mallery – Yes Enouen – Yes
Fornal – Yes Fischer – Yes
Psaras – Absent
4 ayes, 0 nays, 0 abstain, 1 absent
Mr. Fornal motioned to send letter to the Planning Board detailing the information received about the application.
Motion carried. All in favor.
4 ayes, 0 nays, 0 abstain, 1 absent
Mr. Fornal asked if there was anything new for the Board to review.
Mr. Reagan stated that there wasn’t anything new.
Chairman Mallery stated that the parcel was 87 acres of land. He asked how many acres of the 87 would be devoted to the project.
Mr. Reagan stated that 16.2 acres would be used for the project for the solar farm.
Chairman Mallery asked with in the 16.2 acres being used, how much of it was on prime farmland.
Mr. Reagan submitted three (3) different calculations. He stated that there would be 10.1 acres in the 16.2 acres that were in prime farmland.
Ms. Enouen asked how the calculations came to be.
Mr. Reagan stated that the first calculation was done by looking at the whole project as if the only truly disturbed areas were the post that were driven and the entrance road and turn around. That would be the lowest percentage of soil disturbed. He stated that the second calculation was determined was the area covered just by the solar panels. The third calculation looked at the whole solar area with the rows spacing in between the panels.
Chairman Mallery stated that the Board could schedule a public hearing for October but it would have to be held open until the SEQRA proceeding was done with the Planning Board.
Mr. Reagan stated that they would like to schedule the public hearing. He also stated that with the calculations he would like to specify what percent of a variance they are requesting.
Chairman Mallery stated that they were not prepared to make a decision on what the size of the variance was.
Mr. Fornal stated that he felt the same way.
Chairman Mallery stated that is concern was with the percentage of USDA Prime Farmland that would be removed from the farming purposes.
Mr. Fornal stated that the size of the variance would serve as precedent and that he was very concerned.
Mr. Reagan asked if they were concerned just about the solar development or any other type of development.
Mr. Fornal stated that he was concerned with any kind of development. He stated that the main type of development that has been coming to the area for the last years has been agricultural.
Chairman Mallery stated that the issue was solar and that the law the Board was looking at was the Town Solar law. The Town Solar Law specifically relates to the USDA Prime Farmland so he would like to take another look at the solar law.
Mr. Regan stated that the earlier they had spoken about providing the decommissioning plan of the land could be returned into farmland after.
Mr. Fornal motioned to schedule the public hearing for October 2017. Mr. Fischer seconded the motion.
Motion carried. All in favor.
4 ayes, 0 nays, 0 abstain, 1 absent
New Application
2017-05 AV – Area Variance
Town of Rochester (owner) and PV Engineers, PC (applicant)
Proposes a change of use and new construction on a ±30-acre parcel
Off Airport Rd., SBL 69.3-2-41.1, R-5 zoning district, Adjacent to Ulster County Ag District #3
SEQRA: Type I Action, Neg. Declaration, 7/6/2017
Alex Farkes, Martin Zanghi and Emily Flannigan were present on behalf of the application.
Mr. Farkes stated that the parcel was 30 acres where they are proposing to do two (2) 1.98 mega-watt community solar facilities. He stated that Borrego Solar was rewarded the projects through the Town RFP process that started last October/November. He stated that they are also working on the Route 209 property for another community solar project. He stated that the public service commission has a law for two mega-watts per parcel. He stated that they plan on subdivide and follow public service commission law 66-J. He added that the new solar program was in the process of being ruled out and the new information as released last week and in the information was the change from the 2 mega-watt limit per parcel to 5 mega-watts per parcel which would solve the problem and would ultimately do one project instead of subdividing. He stated that there was still enough space to do both projects. He stated that with the internal subdivision line it would create setback issues. He stated that they are not getting closer to the residents on the bottom of the site plan. He added that they were working with the Jarvis family to use with access road to access the project location to construct and maintain the land.
Mr. Zanghi went over the site plan. He stated that 90% of the land was trees. He gave all the distances from and the residents that boarder the project for perspective. He stated that the 66-J law forces them to create the subdivision line. He stated that since the Town owned the property the Town Board would be handling the subdivision on their own. He stated that the law had not changed so the subdivision will be happening. He stated that they need a 75 foot set back from the property lines. He noted that there were encroachments on themselves with the subdivision line. He stated that for the Town’s benefit they maximized the size of the system so that explains all the panels. He stated that in effort to keep the invertor equipment pad further away from the residences they had to expand the system outward to have the number of solar panels needed to meet the requirements.
Mr. Farkes stated that the Town owns the land and the Town and Borrego are exemptible to the biggest possible projects. He stated that the encroachments on the underlining setbacks allow them to place more panels to generate more electricity. The RFP process gives the Towns resident’s first dibs on the electricity.
Mr. Fornal stated that they received a letter from the Planning Board that showed 9 that were needed.
Mr. Farkes stated that he had 6 variances listed.
Mr. Zanghi stated that they had appeared in front of the Planning Board twice and that they were coming back on October 12th. He stated they had updated the plans a few times.
Mr. Farkes stated that the SEQRA was completed by the Town Board during the lease process.
Ms. Enouen asked if the applicant had any sense on how many more panels they would be able to fit in without the encroachments.
Mr. Zanghi stated that he could show the closest dimensions to show the greatest relief. He stated that without the variance it would be 20 extra homes.
Mr. Fornal motioned to schedule a public hearing for October 2017. Ms. Enouen seconded the motion.
Motion carried. All in favor.
4 ayes, 0 nays, 0 abstain, 1 absent
Chairman Mallery asked the applicant if there was any way to minimize the variances needed.
Mr. Zanghi stated that they would have to make the project smaller and to maximize the benefit for the Town they couldn’t do it.
Minutes:
Chairman Mallery stated that the Board could read the minutes and submit any corrections to the secretary, Shaye Davis.
Rules and Procedure:
Mr. Fornal stated that they would discuss the rules and procedures at the next Zoning Board of Appeals meeting.
Mr. Fornal motioned to adjourn the meeting at 7:44PM. Ms. Enouen seconded the motion.
Motion carried. All in favor.
4 ayes, 0 nays, 0 abstain, 1 absent
Respectfully submitted,
Shaye Davis, Secretary