ZONING BOARD OF APPEALS
TOWN OF ROCHESTER
ULSTER COUNTY
ACCORD, NEW YORK
(845) 626-2434
pbzba@townofrochester.ny.gov
MINUTES of the February 16, 2023 Meeting, Town of Rochester Zoning Board of Appeals, held via Zoom for Public Comment and Livestreamed on YouTube.
Chair Zurofsky called the meeting to order at 6:00 PM.
The Board Members stood for the Pledge of Allegiance.
The Chair did roll call attendance.
PRESENT: ABSENT:
Chair Sam Zurofsky
Ken Stephens
Clayton Haugen
Harley Davis
Charlie Fischer
APPLICATION REVIEW:
Continued Applications:
ZBA 2022-01 AV (Fence)
Zain Eisenberg
S/B/L 59.15-1-19 – 512 Upper Cherrytown Rd. | S/B/L 59.15-1-17 — 516 Upper Cherrytown Rd.
Applicant seeks a variance for a fence that does not comply with the Town Code’s current fence height requirement.
The board motions to conduct public hearing for Mr. Eisenberg on March 16, 2023. 5 Ayes, 0 Nays, 0 Abstentions. All in favor, motion carried.
New Applications:
ZBA 2023-01 AV
Anthony DiGuiseppe
S/B/L 68.3-4-2.200 – 367 Samsonville Rd
Applicant seeks a variance to construct a closed fence 6’0” in height, with a gate, along front and side property lines.
The applicant is restoring a home built in the 1850s. The applicant states there is one parcel, Troy’s Deli, diagonal from 367 Samsonville Rd has 2 dumpsters, old couches, mattresses, and cars in their yard. The applicant believes the fence will obstruct the view of commercial lots and maintain the beauty of his restored property. Additionally, Mr. DiGuisseppe believes that his home is one of the only residential properties that borders and overlooks commercial lots, on Samsonville Road. Additionally, the applicant states that the fence should shield the home from traffic.
The board expresses concern that the fence would disrupt the historical integrity of the property. Mr. DiGuisseppe clarifies that it is not the property itself that is listed on the national registry, but the structure built on the property. The applicant agrees to move his fence 5 feet closer to the house, which pushes it beyond the 25 ft county setback from the road’s middle stripe. Since the fence will then be beyond the 10-foot town set back, the fence can exceed 4 feet in the front yard. The applicant will be released from the ZBA pending CEO approval and/or verification.
ZBA 2023-02 UV
Engracia Jamieson
S/B/L 60.3-2-39.100 – 879 Samsonville Rd
Applicant seeks a variance for proposed 12’ x 24’ gardening storage shed. Parcel is +/- 2.5 acres.
The applicant has two parcels, one has a house, and the other, across the street, is the proposed site for the gardening shed. The question stands, if the shed is used to cultivate the forest, potentially grow herbs and food, on the same parcel, would the structure be considered an accessory use? The applicant will submit further information to be reviewed and considered at next month’s meeting.
OTHER MATTERS:
Approval for 12/22/2022 meeting minutes.
The board requests a rewording of the December meeting’s minutes. The secretary will redraft minutes and present them at the March meeting.
ADJOURNMENT:
The board motions to close the meeting at 7:06pm, motion seconded.
5 Ayes, 0 Nays, 0 Abstentions, motion carried—meeting adjourned.
Respectfully Submitted,
Kiera Power, Secretary