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

MINUTES of the April 21, 2022, Town of Rochester Zoning Board of Appeals, held via Zoom for Public Comment and Livestreamed on YouTube.

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

The Board Members stood for the Pledge of Allegiance.

The secretary did roll call.

PRESENT: ABSENT:
Bruce Psaras, Chair
Charles Fischer
Isabel Vinton
Ken Stephens
Clayton Haugen

ALSO PRESENT: Mary Lou Christiana, Attorney for the Town; Nicole Knapp, Planning and Zoning Board Secretary; Erin Enouen, Councilwoman and ZBA Liaison (7:05PM)

APPLICATION REVIEW:

Before beginning the application review, Chair Psaras read the ZBA process to all applicants and distributed this process in writing to all applicants for their reference.

New Applications:

1. 22/054 – Deborah and Donald Lent – Area Variance
1619 Berme Rd./ SBL: 76.3-1-23
a. Parcel is in the R-2 zoning district
b. Parcel is +/- 0.25 acres
c. Applicant has proposed construction of a 30’ x 40’ 2-bay garage
d. Applicant does not meet the 40’ setback for accessory structures

Deborah and Donald Lent were present on behalf of the application. Chair Psaras discussed the hand-drawn map with the applicants and verified the setbacks.

Mr. and Mrs. Lent would like to construct a one-story, two bay garage that currently does not meet the setback for the front yard. Mr. Lent stated he had plenty of room in the back yard to move the structure back so it is in compliance. It was clarified that the distance between the house and the garage is 5’11”.

The ZBA suggested making the garage longer instead of wider so the variance would not be needed. Mr. Lent stated he works on cars and it is easier to move the cars around if the garage is wider vs. deeper.

Mr. Fischer stated he had no further questions or comments.

Mr. Haugen suggested moving the garage door to the side of the structure. Mr. Lent said this was not possible because of the leach field for the septic. The property also gets wet and it is not sufficient for driving cars on that part of the lawn.

Mr. Lent stated he could not renovate the current structure due to its condition. He stated the new garage would look a lot nicer in the neighborhood than the current one.

Ms. Vinton stated she had no further questions or comments.

Mr. Stephens clarified the current font yard setback as 30 feet.

Chair Psaras referenced Town Code Section 140-42(C) regarding a non-conforming lot:
“No addition, change or expansion of a nonconforming use shall further violate setback and/or height regulations of the district in which it is located; however, a nonconforming single- or two-family residential use shall be granted an exception from this requirement upon receipt of an area variance from the Zoning Board of Appeals.”

Chair Psaras asked Ms. Christiana if the applicant would need a special use permit from the Planning Board. Ms. Christiana stated no – there is an exception for accessory use.

Chair Psaras referenced Town Code Section 140-13(D) of the Town Code regarding accessory structures/uses:
“When an accessory structure, such as a garage, carport, workshop, porch, or deck is attached to the principal building, it shall comply with requirements for principal buildings. All unattached structures shall be separated by a minimum of 12 feet or one-half the average height of the two structures.”

Mr. Fischer asked if the porch was considered part of the structure. Ms. Christiana stated it was.

The applicant was asked to redraw the plans for the garage to make sure they were properly aligned in reference to the existing structure.

Chair Psaras referenced Town Code Section 140-43:
A structure may be erected on any lot of record, existing at the time this chapter is enacted; provided no front yard is reduced in size and no side yard is reduced to less than 50% of the requirement for the district in which it is located or 20 feet, whichever is greater; and a sewage disposal system meeting New York State standards, including well and septic isolation distances, can be placed on the lot should public facilities be unavailable.

Chair Psaras stated this structure is less than 20’ on both the front and the side, but the front would not be reduced to less than 50% of the requirement. Chair Psaras explained to the applicant this was another part of the Code that addresses the side yard setback for a non-conforming lot.

Ms. Vinton clarified the variance amount. Since the applicant’s proposal shows 19ft from the side yard, they would only need a 1’ variance. It would only be a 5% variance needed.

Mr. Stephens referenced Town Code Section 140-13(c) #2. Ms. Christiana noted this lot if already existing and grandfathered in, so long as the applicant lines the new garage up with the current one or, as Chair Psaras stated, just move the garage back from the road to make it more compliant.

Ms. Vinton asked if the garage would be able to be reduced by a foot – would not need the variance then.

Mr. Lent stated he would ask the company building the garage. It is a pre-fabricated building. He stated he would check about making a 28’ by 40’ garage. This would need to be verified with Code Enforcement if this was acceptable. The ZBA will confirm this information with the CEO.

Mr. Haugen asked if the builder was aware of the need for a variance. Mr. Lent stated the builder is waiting for the OK from the applicant to go forward with the project. If he can’t get the variance, he could cancel the garage order.

2. 22/150 – Dylan Strickland – Area Variance
8 Sand Hill Rd./ SBL: 69.3-2-25
a. Parcel is in the R-2 zoning district
b. Parcel is +/- 1 acre
c. Applicant proposes the erection of a detached garage
d. Applicant does not meet the 40’ setback for the side and rear yards; currently only +/- 20’ and 30’
e. Applicant is requesting a +/- 20’ and 10’ variance

Dylan Strickland was present on behalf of the application.

Chair Psaras stated a lot of what was discussed for the previous application applied to this one because it is also a non-conforming lot with a proposed garage that does not meet setback requirements.

Mr. Strickland explained his project and the need to build the garage as proposed because his driveway is uphill, gets icy, and it would allow for a level area to come into the garage.

Chair Psaras explained the side and rear setbacks would both be 40’ in this instance. There is no current structure and would need a conversation with the Code Enforcement Officer to confirm the exception, which is applied to the side, front, and rear yards.

Chair Psaras stated Section 140-43 of the Town Code is favorable to the applicant. The flexibility allows for the lot to stay developed and maintained.

Mr. Fischer pointed out in 2009, the zoning laws changed. This lot would be grandfathered in.

Chair Psaras stated he would contact the CEO regarding the interpretation of the Code. If CEO agrees, no variance will be necessary. If the CEO disagrees, the public hearing will be held.

Chair Psaras motioned for the public hearing to be set for the May 19, 2022 meeting if the exception discussed does not apply to this application according to the CEO. Ms. Vinton seconded the motion.
All in Favor. Motion Carried.
5 ayes, 0 nays, 0 abstentions

Chair Psaras recused himself from the Hennessey-Rubin/LaChance/Malone application at 6:44PM.

Mr. Stephens made a motion to elect Clayton Haugen as the temporary Chair for this application. Mr. Fischer seconded the motion.
All in Favor. Motion Carried.
4 ayes, 0 nays, 0 abstentions

3. 21/598 – Jacob Hennessey-Rubin/Melissa LaChance/Malone
32 Baker Rd./ SBL: 67.-1-14.100
a. Parcel is in the AR-3 zoning district
b. Parcel is +/- 1.22 acres
c. Applicant proposes the conveyance of +/- .56 acres from a neighboring parcel
d. Applicant does not meet code for the minimum acreage requirements for the AR-3 district
Jacob Hennessey-Rubin and Tracy Kellogg present on behalf of the application.

Temporary Chair Haugen summarized the application as a conveyance from one lot (Malone) to the applicant’s lot.

Mr. Hennessey-Rubin stated the piece of land is only accessible by his property and is divided by the stream. Both lots are currently non-compliant.

Ms. Christiana stated they are two non-conforming lots, one would be made less conforming and the other slightly more conforming.

Mr. Stephens asked Mr. Hennessey-Rubin what the use of the conveyed area would be.

Mr. Hennessey-Rubin stated there is a concrete pad along the stream, but it is very close to the stream, and there are no plans to build on it at this time. The goal is to preserve part of the property and regain the historical portion of the land.

The variance is needed to allow the applicant to go before the Planning Board for the Lot Line Adjustment.

Ms. Christiana stated there was enough information to set the Public Hearing.

Ms. Vinton made a motion set the public hearing for the 5/19/22 meeting. Mr. Stephens seconded the motion.
All in Favor. Motion Carried.
4 ayes, 0 nays, 0 abstentions

Chair Psaras unrecused himself at 6:53PM, Clayton Haugen stepping down from the role of temporary Chair.

OTHER MATTERS:

Mr. Fischer made a motion to approve the minutes from the March 17, 2022 meeting. Chair Psaras seconded the motion.
All in Favor. Motion Carried.
5 ayes, 0 nays, 0 abstentions

Mr. Fischer requested hard copies of application information for all members at the next meeting. The secretary agreed to provide these copies.

ADJOURNMENT:

Mr. Fischer made a motion to adjourn the meeting at 6:54PM. Ms. Vinton seconded the motion.
All in favor. Motion Carried.
5 ayes, 0 nays, 0 abstentions

Respectfully Submitted,

Nicole Knapp, Secretary