ZBA Minutes – June 2021

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

MINUTES of the June 17th, 2021 Town of Rochester Zoning Board of Appeals, held via Zoom and Livestreamed on Youtube.

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

Chair Psaras read the following statement:
“I have confirmed with the Town’s Counsel that tonight’s meeting has been convened in accordance with the Governor’s March 13, 2020 Executive Order 202.1 which suspends certain provisions of the Open Meetings Law to allow a municipal Board to convene a meeting via videoconferencing. In accordance with the Executive Order, the public has been provided with the ability to view tonight’s meeting via YouTube and a transcript will be provided at a later date.
The Chair has completed a roll call of the Board Members and there is a quorum present for this meeting. I have also confirmed that this meeting has been duly noticed.
We have fulfilled our legal notice requirements by posting Notice on the Town Clerk bulletin board and outside door, posting legal notice in the Shawangunk Journal, and posting notice on the Town’s website.”

Chair Psaras did roll call.

PRESENT: ABSENT: VACANT:
Bruce Psaras, Chair Charles Fischer
Michael Wassell Bill Barringer
Jill Bressler

ALSO PRESENT: Isabel Vinton – Alternate; Mary Lou Christiana – Town Attorney, Mike Baden – Town Supervisor, Meeting Host

APPLICATIONS:

EXISTING APPLICATION:
21/049 AV – John Sturges
Area Variance
442 Tow Path

– Parcel is in the R-2 zoning district
– Parcel is +/- 1.7 acres
– Applicant proposes erection of a single-family residence
– Applicant does not meet the 100’ setback from the high-water mark
– Proposed structure is +/- 70’ away from the high-water mark
– Applicant would need a +/- 30’ variance

Mr. Sturges was present on behalf of the application.
– Chair Psaras clarified flood plain and high-water line are two separate things and defined high water line as per Webster Unabridged dictionary as code directs whenever a term is undefined in code glossary
– Applicant agreed to obtain further dimensional information regarding setbacks of the structure.
– Chair Psaras, Ms. Bressler, and Mr. Wassell have all visited the property
– Options to the area variance discussed by Board members with Mr. Sturges, included Mr. Sturges agreeing the house could potentially be moved closer to the road.
– Mr. Sturges indicated the original determination for placement of the structure was high point of property.
– Mr. Sturges will mail requested a survey with dimensions and gather letters from neighbors commenting on his plans.
– Public Hearing will be scheduled contingent on receiving revised dimensions by 7/1, two weeks prior to the next meeting, 7/15.

Chair Psaras made the motion to have the Board Secretary schedule the public hearing contingent on receiving appropriate documentation of measurements by 7/1. Seconded by Ms. Bressler.

Roll Call:
Ms. Bressler: Aye
Mr. Wassell: Aye
Chair Psaras: Aye
All in Favor. Motion Carried.
3 ayes, 0 nays, 2 absent, 0 vacancies.

OTHER MATTERS:
Accepting the regular meeting minutes of, May 20, 2021:

Chair Psaras made the motion to accept the meeting minutes of, May 20, 2021. Ms. Bressler seconded the motion.

Roll Call:
Ms. Bressler: Yes
Mr. Wassell: Yes
Chair Psaras: Yes
All in Favor. Motion Carried.
3 ayes, 0 nays, 2 absent, 0 vacancies.

Discussion occurred regarding returning to in-person meetings for the July 15 meeting. There is a desire to continue streaming on YouTube so public can view the meeting.

ADJOURNMENT:

Chair Psaras made the motion to adjourn the meeting. Ms. Bressler seconded the motion.
All in Favor. Motion Carried.
3 ayes, 0 nays, 2 absent, 0 abstentions, 0 vacancies.

Respectfully Submitted,

Nicole Knapp, Secretary