ZBA Minutes – June 2022

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

MINUTES of the June 16, 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.

Chair Psaras did roll call.

PRESENT: ABSENT:
Bruce Psaras, Chair Nicole Knapp, Secretary to the ZBA
Charles Fischer Mary Lou Christiana, Attorney for the Town
Isabel Vinton Ken Stephens
Clayton Haugen

ALSO PRESENT: Erin Enouen, Councilwoman and Town Board Liaison to the ZBA

APPLICATION REVIEW:

Continued Applications:

Chair Psaras recused himself from the following application.

Mr. Haugen took his seat as acting Chair for the next application.

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-Rubinpresent on behalf of the application.

Acting-Chair Haugen stated since Ms. Christiana was not present, the Public Hearing would be kept open. Questions would be addressed at this meeting and give time for the applicant to get information to the ZBA for the next meeting.

Mr. Hennessey-Rubin provided new maps for the Board to address the slab/structure that was called into question at the 5/19/22 meeting and show the 30-foot setbacks.

Acting-Chair Haugen stated a letter was received from the Code Enforcement Officer stating the 14’ x 66’concrete pad on the property is considered a structure. He asked Mr. Hennessey-Rubin if the property was already purchased, but Mr. Hennessey-Rubin stated they had to obtain the variance first before purchasing the property.

Acting-Chair Haugen asked if there was a septic on the property that would be designated for the concrete pad structure. Mr. Hennessey-Rubin stated he was told there was a septic, but it has not been identified. He stated there is a well and a power line going to the pad, but no meter.

Mr. Hennessey-Rubin said there is no intent to use the concrete pad at this time.

Acting-Chair Haugen asked for clarification on the SEAF part 1 question 13B regarding physically altering/encroaching on the existing wetlands. The applicant answered “no” and the form was then completed.

Mr. Hennessey-Rubin stated the proposal is to keep the parcel whole and not subdivide.

Mr. Fischer commented the lot line application that will behave to be presented to the Planning Board may be considered a Major Subdivision due to it being previously subdivided.

Acting-Chair Haugen asked if the property had ever been listed through a Real Estate agent, which Mr. Hennessey-Rubin said it was not.

In changing the map to reflect the 30ft setback from the concrete pad, the conveyance amount changed from .56 to .63. The applicant was told he will have to update the application with that information.

Acting-Chair Haugen stated some more research will be done by the ZBA and the applicant will have to submit some new information, as well.

Mr. Fischer made a motion to keep the Public Hearing open for the July 21, 2022 meeting. Ms. Vinton seconded the motion.
All in Favor. Motion Carried.
Ayes: 3 Nays: 0 Absent: 1

Chair Psaras unrecused himself at 6:21PM, Clayton Haugen stepping down from the role of acting Chair.

OTHER MATTERS:

Ms. Vinton made a motion to approve the minutes from the May19, 2022 meeting. Mr. Haugen seconded the motion.
All in Favor. Motion Carried.
Ayes: 4 Nays: 0 Absent: 1

ADJOURNMENT:

Mr. Fischer made a motion to adjourn the meeting at 6:22PM. Chair Psaras seconded the motion.
All in Favor. Motion Carried.
Ayes: 4 Nays: 0 Absent: 1

Respectfully Submitted,

Nicole Knapp, Secretary