ZONING BOARD OF APPEALS
TOWN OF ROCHESTER
ULSTER COUNTY
ACCORD, NEW YORK
(845) 626-2434
pbzba@townofrochester.ny.gov
MINUTES of the August 17th, 2023, 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 6PM.
The Board Members stood for the Pledge of Allegiance.
The secretary did roll call attendance.
PRESENT: ABSENT:
Sam Zurofsky
Charlie Fischer
Ken Stephens
Clayton Haugen
Harley Davis
ALSO PRESENT: Jazmyne Wilhelm
APPLICATION REVIEW:
Continued Applications:
ZBA 2023-03 AV- Richard and Rachel Quenemoen
S/B/L 69.1-1-13 – 258 Whitfield Rd
Applicant has proposed a 24’ x 24’ garage within the 40’ require setback. Applicant is requesting a 28’ area variance. Parcel is +/- 1 acre.
The applicant explained their reason for needing an area variance. Mr. Zurofsky states that “Parcel viewer shows no need for a variance”. Barry Medenbach said “From my experience the property lines that come from the parcel viewer do not line up with the tax maps. It was two data bases that were merged together, and the exact lines tend to not be shown accurately. You should not rely on the parcel viewer for these kinds of measurements.” The applicant agreed that she would go home and measure again and would send the measurements to the board. The board and applicant agreed that the needed variance would be closer to 12”. Mr. Haugen made a motion to set the public hearing for the next meeting. Mr. Zurofsky 2nd the motion. All in favor 5 yes, 0 no, 0 abstain.
New Applications:
ZBA 2023-04 AV- The Estate of Norman Grey
S/B/L 60.3-2-43 – 7 Schwabie Turnpike
Applicant has proposed a minor subdivision of land creating 2 equal lots with less than 2 acres.
The applicant and the board discussed the reason the area variance is needed. The board advised the applicant of the application processes. The applicant decided she is going to take some time to think before she makes a decision.
ZBA 2023-05 AV- Bone Hollow LLC
S/B/L 76.5-2-39.100 – 322 Clay Hill Road
Applicant proposes a 6’ high fence along Clay Hill Road, proposal does not meet TOR Code 140-13(H).
The applicant explained his need for a variance for the fence. He wants to put the fence in to protect his grandchild from passing traffic as well as create some privacy from the road. Mr. Zurofsky made a motion to set for public hearing on 9-21-2023. Mr. Fischer 2nd. All in favor 5 yes, 0 no, 0 abstain.
ZBA 2023-06 Variance -Friendly Acres Homeowners Association
S/B/L 76.3-3-22.900 – 708 Granite Road
Applicant proposes permanently parking recreational vehicle to be used as living space.
The applicant explained that they received a violation from code enforcement which is why they applied for a variance. The applicant states that they are renovating the recreational vehicle and not living in it. They state that the recreational vehicle is registered as a trailer and is described as an RV. The applicant stated that they spoke with the code enforcement officer and was told that they realize it is an RV, but the issue is that it is parked on vacant land. The board agreed that a letter should be sent to code enforcement to ask for clarification on why the violation was issued and for a narrative on what they think is required and why. The board requests that the applicant submit a map, pictures, letters, DMV forms, as well as lease or proof that he is renting a living space.
OTHER MATTERS:
MINUTES:
• 5-18-23 minutes, Mr. Zurofsky made a motion to approve the minutes, Mr. Davis 2nd. All in favor 5 yes, 0 no, 0 abstain.
• 6-15-2023 minutes, Mr. Zurofsky made a motion to approve the minutes, Mr. Davis 2nd. All in favor 5 yes, 0 no, 0 abstain.
• 7-20-2023 minutes, Mr. Zurofsky made a motion to approve the minutes with the addition of without prejudice, Mr. Haugen 2nd. All in favor 5 yes, 0 no, 0 abstain.
ADJOURNMENT:
Mr. Fischer made a motion to adjourn at 7:27 PM. Mr. Zurofsky 2nd. All in favor 5 yes, 0 no, 0 abstain.
Respectfully Submitted,
Jazmyne Wilhelm , Secretary