ZONING BOARD OF APPEALS
TOWN OF ROCHESTER
ULSTER COUNTY
ACCORD, NEW YORK
(845) 626-2434
nknapp@townofrochester.ny.gov

MINUTES of the August 19th, 2021 Town of Rochester Zoning Board of Appeals, held via Zoom and Livestreamed on Youtube.

Chair Psaras called the meeting to order at 6:00PM.

The secretary did roll call.

PRESENT: ABSENT:
Bruce Psaras, Chair Jill Bressler
Michael Wassell Isabel Vinton – Alternate
Charles Fischer
Bill Barringer

ALSO PRESENT: Nicole Knapp, Planning and Zoning Board Secretary, Erin Enouen, Councilwoman and ZBA Liaison

APPLICATIONS:

1) 21/049 AV – John Sturges – Area Variance
442 Tow Path Rd./ SBL: 77.2-4-48 R-5 District
• Parcel is in the R-5 zoning district
• Parcel is+/- 1.7 acres
• Applicant proposes the erection of a single-family residence
• Applicant does not meet the 100′ setback set from the high-water line
• Proposed structure is+/- 70′ away from the high-water line
• Applicant would need a +/- 30′ variance

Chair Psaras stated the Public Hearing was originally scheduled for this evening, but a change had to be made to the application and notice. The original owner was listed as “John Sturges” and should be listed as “Tow Path Rd. LLC.” The notice will be reissued with the proper information.

Chair Psaras made a motion to hold the Public Hearing open for the 9/16/21 meeting contingent on Mr. Sturges making the appropriate changes to the application. Mr. Fischer seconded the motion.

ROLL CALL:
Bruce Psaras – Aye
Michael Wassell – Aye
Charles Fischer – Aye
Bill Barringer – Aye

All in Favor. Motion Carried.
4 ayes, 0 nays, 0 abstentions, 1 absent

2) 21/373 AV – Kevin Sisson – Area Variance
192 Rochester Center Rd./ SBL: 68.3-2-33 R-2 District
• Parcel is in the R-2 zoning district
• Parcel is +/- 0.28 acres
• Applicant has erected a 30’ x 18’ garage
• Applicant does not meet the setback for the side/front yards

Kevin and Christine Sisson were present on behalf of the application.

Chair Psaras stated there was history with this application dating back to 2018.
Mr. Sisson explained the permit paperwork for the garage was not filed until after the garage was erected. Mr. Sisson stated in 2018 he spoke to the Code Enforcement Officer and he was advised he’d need a variance to obtain a building permit. Mr. Sisson stated he had concrete poured and the pre-fab garage structure being delivered, so he moved on with construction. He went on to say now it is too close to the road and too close to the side property. He is trying to get the variance.

Chair Psaras summarized the application’s history. In 2018, Mr. Sisson came to apply for a permit, but the Code Enforcement Officer stated he would need a variance. Due to it being close to winter, Mr. Sisson built the structure without a permit. In 2019, the Constable was sent out to cite Mr. Sisson for the setback requirement, but there was some difficulty in them presenting the citation. This happened in February, but the citation was not delivered to the Sissons until April 2019. Mr. Sisson then applied for the variance and in May 2019, the ZBA denied it. In April 2020, Mr. Sisson asked for a rehearing citing errors in the process. Mr. Sisson was asked to provide evidence of the errors or new information related to the application. Neither were provided. The ZBA did not rehear the application or vote on rehearing the application. Chair Psaras asked Mr Sisson if this new application it is the same building, in the same location, with the same setback issues as addressed previously and if any additional property had been acquired since. Chair Psaras asked what, if anything, was different this time around.

Mr. Sisson stated there were no changes and they were present to find out what changes they could make to make the structure acceptable. He stated they were told by the Attorney for the Town that something has to change on the building in order to make a compromise.

Chair Psaras stated it was difficult to rehear the case because nothing has changed dimensionally to the building or the property.

Mr. Barringer disagreed and stated the Sissons wanted to get the permission from the Board.

Chair Psaras stated there must be a unanimous vote in order to get a rehearing for the application.

Mr. Sisson stated there is no significant change, but they were present to see what they could do to move forward.

Chair Psaras stated they cannot recommend a specific change. The Board can only act on the information provided by the Code Enforcement Officer.

Mr. Sisson mentioned the drawing provided. He asked if the door could be moved.

Mr. Fischer stated moving the door would not make a difference. He thought it was suggested the building be moved.

Mr. Sisson stated the building is in sections and if he moved the section back, it would shrink the building.

Chair Psaras said the setbacks would stay the same.

Mr. Sisson stated the surrounding neighbors and Highway Superintendent have all been in favor of the garage. He noted the neighboring piece of property and one of the setbacks in question is unusable land and if someone else were to buy this land, they would not be able to even put a driveway in there.

The Board members discussed the variance would be lessened if they were to remove a section of the garage.

Chair Psaras stated the garage is in front of the house, too close to the road, and too close to the side yard.

Mr. Sisson said there is nowhere else to put the garage. It is a small lot.

Chair Psaras said this was taken into consideration in 2019. A 21ft variance would be needed for the front and around 30ft needed for the side.

Mr. Wassell pointed out this was over 50% variance needed, which is substantial. He stated there are similar lots in this Town and recognized the difficulty of putting in a garage or driveway as elevation increases on the property. He suggested talking to the Town about the existing law and the potential of exceptions being made for pieces of property like Mr. Sisson’s. Mr. Wassell stated slabs can be moved, but understands there are other things in the way like the septic, etc. He stated it would have been better to speak about these issues prior to the garage being built.

Chair Psaras summarized the code pertaining to accessory structures and pointed out even if the structure was made smaller, it was still in front of the house.

Mr. Sisson stated there are others erecting structures close to the road throughout the Town. He asked if he took the building down and moved it, where could he put it.

Chair Psaras said he could not put it in front of the house. Essentially, as currently constructed anywhere they put it on their property, they would need a variance.

Mr. Sisson stated he was told he needed 40ft on each side, which would be in the middle of the property and would cause him to dig out some of the property.

Chair Psaras said the Board can’t architect what the applicant can build. He asked if the Sissons wanted to go forward with it, the Board could schedule a public hearing. He stated the Attorney for the Town was asking for a change in evidence, not a change in the building.

Mr. and Mrs. Sisson stated this was not true and they would be referencing the minutes.

Mr. Wassell stated she may have suggested moving the door as a definition of “change”.

Mr. Barringer stated the change should allow them to apply for a new variance because it is not the same exact plan as before.

Mrs. Sisson stated they didn’t want to touch the garage before coming before the Board.

Chair Psaras stated the garage cannot be in front of the house, that close to the road, and that close to the side yard without a variance.

Mrs. Sisson asked if he was telling them to tear the building down.

Chair Psaras asked if they were told to tear the building down.

Mr. and Mrs. Sisson stated they were never told to take it down.

Mr. Sisson made changes to the plans to remove part of the garage, changing the dimensions from 30’ x 18’ to 26’ x 18’. The project would need to be resubmitted with the new measurements for the side yard and front yard setbacks.

Chair Psaras made a motion to hold off scheduling the Public Hearing until consulting with the Attorney for the Town to see if this change is significant enough for the rehearing. Mr. Wassell seconded the motion.

ROLL CALL:
Bruce Psaras – Aye
Michael Wassell – Aye
Charles Fischer – Aye
Bill Barringer – Aye

All in Favor. Motion Carried.
4 ayes, 0 nays, 0 abstentions, 1 absent

Following the vote, the Board discussed moving the garage to the back yard, but Mr. Sisson stated there is no room and it is all rock; he would not be able to put a driveway in there.

OTHER MATTERS:
Accepting the regular meeting minutes of, July 15th, 2021:

• Mr. Fischer made the motion to accept the meeting minutes of July 15th, 2021. Mr.Wassell seconded the motion.

ROLL CALL:
Bruce Psaras – Aye
Michael Wassell – Aye
Charles Fischer – Aye
Bill Barringer – Abstained

Motion Carried.
3 ayes, 0 nays, 1 absent, 1 abstention

• Chair Psaras reminded Board members to submit training records to the ZBA Secretary.
ADJOURNMENT:

Mr. Fischer made the motion to adjourn the meeting. Mr. Wassell seconded the motion.

ROLL CALL:
Bruce Psaras – Aye
Michael Wassell – Aye
Charles Fischer – Aye
Bill Barringer – Aye

4 ayes, 0 nays, 2 absent, 0 abstentions

Respectfully Submitted,

Nicole Knapp, Secretary