ZONING BOARD OF APPEALS
TOWN OF ROCHESTER
ULSTER COUNTY
ACCORD, NEW YORK
(845) 626-2434
nknapp@townofrochester.ny.gov
MINUTES of the July 21, 2022, 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 6:01PM.
The Board Members stood for the Pledge of Allegiance.
The secretary did roll call.
PRESENT: ABSENT:
Sam Zurofsky, Chair
Charles Fischer (6:13pm)
Isabel Vinton
Clayton Haugen
Ken Stephens
ALSO PRESENT:
Nicole Knapp, Secretary to the ZBA
Mary Lou Christiana, Attorney for the Town
Michael Coleman, Councilman, and Town Board Liaison to the ZBA
Chair Zurofsky introduced himself to the ZBA Members as the new ZBA Chairperson.
APPLICATION REVIEW:
Continued Applications:
Mr. Haugen took his seat as Acting-Chair for the next application for continuity purposes.
1. 21/598 – Jacob Hennessey-Rubin/Melissa LaChance/Malone (PUBLIC HEARING)
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 present on behalf of the application.
Mr. Hennessey-Rubin stated the Board’s requested changes have been made to the plans and to the SEAF form for SEQRA.
Acting-Chair Haugen stated since the concrete pad on the property has been deemed a structure by the Code Enforcement Officer, the applicant would either be required to remove it or apply for additional variances from the lot line.
Mr. Hennessey-Rubin stated they were open to having it removed.
Mr. Stephens stated there should be a time limit on any covenant created within the motion.
No members of the public present in person or via Zoom to speak during the Public Hearing and no written correspondence was received by the ZBA secretary in regards to this application.
Ms. Vinton made a motion to close the Public Hearing. Mr. Stephens seconded the motion.
All in Favor. Motion Carried.
Ayes: 5 Nays: 0 Absent: 0
The ZBA members conducted a SEAF part 2 review for SEQRA.
Acting-Chair Haugen made a motion declaring no negative environmental impact for this proposed application. Ms. Vinton seconded the motion.
ROLL CALL:
Charles Fischer – Aye
Isabel Vinton – Aye
Clayton Haugen – Aye
Ken Stephens – Aye
Chair Zurofsky – Aye
All in Favor. Motion Carried.
Ayes: 5 Nays: 0 Absent: 0
The ZBA Members constructed the following motion to grant the variance at the meeting.
Applicant: Hennessey-Rubin
Reason for Request: Area Variance on property conveyance
Location: 32 Baker Rd. Accord, NY Total Acreage: 1.2 acres before adjustment/1.8 acres after
S/B/L: 67.-1-14.100 Zoning District: AR-3
Code Enforcement Determination:
– Parcel is in the AR-3 zoning district
– Parcel is +/- 1.22 acres
– Applicant proposes the conveyance of +/- .63 acres from a neighboring parcel
– Applicant does not meet code for the minimum acreage requirements for the AR-3
Zoning Application Number: 21/598
Zoning Board of Appeals Application: 21/598 SEQR Type: Unlisted, Uncoordinated
ZBA Application filed: 4/7/2022 SEQR Determination: Negative Declaration
EAF filed: 7/21/2022 Other Agency Referrals: N/A
Documents considered by the Zoning Board of Appeals for review: 1. 2021-11-30_HennesseyAV_CEO Determination
2. 2021-11-30_HennesseyAV_map
3. 2021-11-30_HennesseyAV_ZoningApp
4. 22-4-7_HennesseyAV_Letter of Intent HENNESSEY
5. 22-4-7_HennesseyAV_Letter of Intent MALONE
6. 2022-4-7_HennesseyAV_AV appHENNESSEY LACHANCE
7. 2022-4-7_HennesseyAV_AV appMALONE
8. 2022-4-7_HennesseyAV_SEAFpt1 Hennessey-Lachance
9. 2022-4-7_HennesseyAV_SEAFpt1 Vella-Malone
10. 2022-5-5_HennesseyAV_LOA
11. 2022-5-31_HennesseyAV_Letter from CEO re-Concrete Pad
12. 2022-6-16_HennesseyAV_Updated Sketch Plan
13. 2022-7-21_HennesseyAV_Updated Ag Data Malone
14. 2022-7-21_HennesseyAV_Updated Ag Data H-R/LaChance
15. 2022-7-21_HennesseyAV_Updated AV App H-R/LaChance
16. 2022-7-21_HennesseyAV_Updated AV App Malone
17. 2022-7-21_HennesseyAV_Updated SEAF pt 1
18. 2022-7-21_HennesseyAV_Updated Sketch Plan
Notice of Public Hearing: 5/5/2022
Date(s) of Public Hearing: 5/19/2022 Place: Harold Lipton Community Center 15 Tobacco Rd., Accord, NY 12404
Public Comment: (see Minutes of Town of Rochester Zoning Board of Appeals)
The Town of Rochester Zoning Board of Appeals hereby makes the following findings with respect to the specific criteria for area variances as set forth in the of the Town’s Code local law § 140-12.
1. Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the area variance.
a) Yes No x
a) Finding: There is no undesirable change.
2. Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance.
b) Yes No x
c) Finding: There is no alternative that is feasible.
3. Whether the requested area variance is substantial.
a) Yes No x
b) Finding: The conveyance is from one non-conforming parcel to another. One parcel comes closer to meeting bulk area requirements, the other becomes more non-conforming. On net, the density of usage is unchanged, and the increase of non-conformity is less than 25%. Under these circumstances this is seen as unsubstantial.
4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district.
a) Yes No x
b) Finding: There is no change to the land usage.
5. Whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the board of appeals, but shall not necessarily preclude the granting of the area variance.
a) Yes x No
b) Finding: The applicant could choose not to acquire the adjoining land.
Determination based on the above factors:
It is hereby determined by the Town of Rochester Zoning Board of Appeals the request for an area variance is GRANTED with the following condition:
1. In order to avoid the need for additional setback variances, and as discussed with the applicant, the 14’x66’ (924 square feet) concrete pad situated on the section of property to be conveyed between the two lots will be removed no later than 90 days after the closing of the property sale.
Motion made by: Mr. Stephens
Motion seconded by: Mr. Zurofsky
Vote: Ayes: 5 Nays: 0 Abstain: 0 Absent: 0 Vacancies: 0
Adopted: July 21, 2022
OTHER MATTERS:
Chair Zurofsky made a motion to approve the minutes from the June 16, 2022 meeting. Mr. Haugen seconded the motion.
Majority in Favor. Motion Carried.
Ayes: 4 Nays: 0 Absent: 0 Abstentions: 1
Chair Zurofsky stated since the Vice-Chair position is currently vacant, he would like to see the ZBA appoint a member to this position.
Chair Zurofsky made a motion to appoint Clayton Haugen as the new Vice-Chair of the ZBA. Ms. Vinton seconded the motion.
All in Favor. Motion Carried.
Ayes: 5 Nays: 0 Absent: 0
ADJOURNMENT:
Chair Zurofsky made a motion to adjourn the meeting at 6:46PM. Mr. Haugen seconded the motion.
All in Favor. Motion Carried.
Ayes: 5 Nays: 0 Absent: 0
Respectfully Submitted,
Nicole Knapp, Secretary