ZONING BOARD OF APPEALS
TOWN OF ROCHESTER
ULSTER COUNTY
ACCORD, NEW YORK
(845) 626-2434
nknapp@townofrochester.ny.gov
MINUTES of the December 16, 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 Bill Barringer
Michael Wassell
Charles Fischer
Jill Bressler
ALSO PRESENT: Mary Lou Christiana, Attorney for the Town (6:53PM); Nicole Knapp, Planning and Zoning Board Secretary; Erin Enouen, Councilwoman and ZBA Liaison (Facilitating the Zoom/YouTube stream)
APPLICATION REVIEW:
• 21/674 – Jeffrey Shapiro – Area Variance
` 62 Raycliff Dr./SBL: 77.3-3-41/ R-2 District
o Parcel is in the R-2 zoning district
o Parcel is +/- 3.8 acres
o Applicant has erected a 6ft fence on the front yard of the parcel.
o Applicant does not meet the code for the side/front yard’s fence requirement (section 140-13 (H)
o There is currently an open violation as the applicant had previously applied, was denied approval, yet erected the fence regardless.
Jeffrey Shapiro was present on behalf of his application.
Chair Psaras began by explaining the entire ZBA process to Mr. Shapiro. Mr. Shapiro acknowledged he understood the process.
Mr. Shapiro read a letter to the Board detailing the reason for his application:
To the Zoning Board of Appeals
I ask that the board read the entirety of this letter before forming any opinions on my request for a variance to have a fence on my property.
First, I realize that the fence was erected without the proper town code acceptance. I would like to explain the mitigating circumstances. My plan was to go through the proper venues to apply for the variance. I will explain why the variance is necessary after explaining the confusion about the original application. Having never gone through this process, I was trying my best to follow the guidelines. I filled out the original application with $50.00 fee. And was told that upon receiving the next application, I would be put on the schedule for a meeting in late fall. I sent a video of trucks dashing down our very dusty road at prohibitive speeds( there is a 15 mile per hour sign posted at the bot tom of our road)
As far as I know, I was scheduled for the Zoning Board of Appeals meeting. I received no further notice about what to do for payment or further requirements. (This time
around I have received the appropriate letter from Alyssa) . ( ***that correspondence is included in images from e mails I received and sent. Please refer to dates of the cor respondence). My intention was to present my very com pelling case to the board, but when I called the morning of the meeting, I was told that I was not scheduled because I had not payed my $200.00 fee! I had every intention of paying but since I had not received the e mail or letter stat ing so, I took it for granted that the fee would be paid at the beginning of the meeting. I am not blaming anyone, but there was certainly some confusion in correspond ence. Upon learning that I was not going to be heard, I be came very frustrated and cancelled the application. The builders of the fence ( Oakwood Fences) said that the fence would need to be erected in cement footings and stained before the cold weather and I wasn’t sure there would be enough time before the next scheduled meeting. So, I am not trying to explain away the fact that the fence was erected, just to explain how that came about.
As to the request for the variance;
It has become an emotional and psychological nightmare dealing with speeding delivery trucks ( particularly UPS, Fed Ex, Amazon, and refuse trucks). We ( Homeowners Association) have put in speed bumps, and spoken with drivers, all to no avail. In late spring through late October, the dust is so bad that my wife and I can not sit outside our home anywhere on the property. We can not put clothes out to dry. The cars get covered with a layer of dust in a few hours on the driest days. It has caused us
great anguish and emotional stress. Every time I heard a vehicle either coming up or going down the road we would have to mentally prepare for what was about to occur. The fence (6’) has made a huge improvement on both the dust and the noise. I had it set back so that it is aesthetically pleasing and not an impediment on the road. We ( Home owners Association) are responsible for everything to do with our property and the private road. We pay David Law rence to plow, clean and maintain the road. He feels this fence is in no way a negative concern for the maintenance of the road. Neighbors on the road, including other board members, are pleased with the fence.(* See attached e mail confirmation letter of support) It has been realized that our location in particular bears the brunt of the dust and noise as it is a straight away to and from both hills.
I have lived in this same location for over 40 years. I have never had any issues with the town. I am a resident in good standing. And I am not one to create problems. But, this problem with dust and noise has become unbearable, and the fence has greatly improved those conditions. I apologize to the board for having gone this route but ask for understanding in what we have had to endure. Please for a moment put yourselves in our position. *It would be difficult to assess visually right now, just how bad the road can be in spring to late fall, as the speed bumps are now removed for winter plowing and dust is down only when there is winter moisture.
I am including a video clip of just one of the many trucks and vehicles that travel our road each day since Covid brought so many people out of the city.
Respectfully,
Jeff & Hinako Shapiro
Chair Psaras informed Mr. Shapiro the side and front yard setbacks are determined by the homes position to the street. The fence is currently 10 feet off of the road.
Chair Psaras confirmed there are no businesses on the road.
Mr. Shapiro stated there is a 15 mph speed limit on the road, Chair Psaras asked if the dust would still be an issue if the trucks traveling down the road abided by the limit. Mr. Shapiro said it is still an issue even at the slower speeds.
Mr. Shapiro stated the road is regularly maintained.
Chair Psaras verified there are more deliveries down Raycliff Dr. due to the Covid-19 pandemic.
Mr. Shapiro stated Dave Lawrence just put down new material on the road last week. The Chair asked if the road was paved, would there be a problem, and Mr. Shapiro stated it would not be a problem.
Mr. Fischer asked if there was a chemical that could be put down to reduce the dust, like the racetrack uses.
Mr. Shapiro stated he did that and it didn’t work.
Ms. Bressler asked why a 6ft fence was built and asked if that was the recommendation from the fence company.
Mr. Shapiro stated the fence company recommended 8ft, but they settled on 6ft.
Ms. Bressler asked about planting buffering trees. Mr. Shapiro stated that it was not an ideal location for trees to be planted due to the shade and the dirt is not suitable for planting. He stated trees will be planted on the other side of the property that gets more sunlight.
Mr. Wassell asked what the substance was that was applied to the road. Mr. Shapiro stated it was called “Dust Down” which is non-toxic, vegetatively friendly, and was applied to ¾ of the road. Mr. Shapiro stated they would need to apply it to the whole road to get the desired effect.
Chair Psaras presented the idea of a shared delivery location to prevent the trucks from traveling the length of the road. Mr. Shapiro stated there are some people who are infirmed on the road and that would not be a feasible plan for them but would present it to the rest of the homeowners on the street.
Chair Psaras stated if the fence was moved closer to the house, then Mr. Shapiro would not be in violation. Mr. Shapiro stated his property slopes down from the road, so if he were to move it back to meet the 35’ setback, he would need a 15+ ft fence.
Chair Psaras stated the ZBA has done much research on fencing and traditionally plantings are a much more acceptable option than fencing in many of these scenarios, though it is not instant. Mr. Shapiro reiterated the area where the plantings would be is not good for vegetation to grow.
Mr. Shapiro asked if everyone form the Board has seen the fence. The Board confirmed they all have.
Mr. Wassell stated it would have been better to have these conversations prior to the fence being built.
Mr. Fischer stated there is not as much dust in the winter and Mr. Shapiro should have waited until the spring to build the fence.
Chair Psaras read and distributed the section of the code pertaining to fences to Mr. Shapiro.
Mr. Shapiro asked for a definition of a “substantial” variance. Chair Psaras stated this fence needs a 50% variance, which is highly substantial.
The Board discussed the matter. Ms. Bressler discussed options of plantings. Mr. Fischer stated there are other materials that can be used for maintenance of the road in the winter that might not be as harmful to vegetation. Chair Psaras pointed out since they are on a private road, there are more options as to what they can use to maintain the road. Mr. Wassell stated they could use better quality material. Mr. Fischer said the state uses magnesium.
Chair Psaras said he wished there was a way to hold the fence companies accountable too. Mr. Wassell agreed, saying they are familiar with the rules. Chair Psaras stated they shouldn’t be building the fences without a valid permit.
Mr. Wassell stated there are different ways to attenuate the dust and that there may be a number of residents on this road who would consider an alternative solution.
Chair Psaras stated the cost of other solutions to mitigate the dust is not something the ZBA considers during their decision process.
Chair Psaras stated it seems speed is a contributing factor to the problem and that maybe there was a way to cut down the speed on the road.
Chair Psaras made a motion to set the public hearing for 1/20/22. Mr. Wassell seconded the motion.
ROLL CALL
Bruce Psaras – Yes
Michael Wassell – Yes
Charles Fischer – Yes
Jill Bressler – Yes
All in favor. Motion Carried.
4 ayes, 0 nays, 0 abstentions
OTHER MATTERS
Chair Psaras stated the annual report has been prepared to be submitted to the Town Board. Chair Psaras made a motion to submit the report to the Town Board with any training adjustments submitted to the ZBA liaison, Councilwoman Enouen for the 1/27/22 Town Board meeting. Mr. Fischer seconded the motion.
All in favor. Motion Carried.
4 ayes, 0 nays, 0 abstentions
Mr. Fischer made a motion to accept the November 18, 2021 minutes. Chair Psaras seconded the motion.
All in favor. Motion Carried.
4 ayes, 0 nays, 0 abstentions
ADJOURNMENT:
Mr. Fischer made the motion to adjourn the meeting. Chair Psaras seconded the motion.
All in favor. Motion Carried.
4 ayes, 0 nays, 0 abstentions
Respectfully Submitted,
Nicole Knapp, Secretary