ZONING BOARD OF APPEALS
TOWN OF ROCHESTER
ULSTER COUNTY
ACCORD, NEW YORK
(845) 626-2434
nknapp@townofrochester.ny.gov
MINUTES of the March 17, 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 secretary did roll call.
PRESENT: ABSENT:
Bruce Psaras, Chair
Charles Fischer
Jill Bressler
Isabel Vinton
Ken Stephens
Clayton Haugen, Alternate
ALSO PRESENT: Mary Lou Christiana, Attorney for the Town; Nicole Knapp, Planning and Zoning Board Secretary; Erin Enouen, Councilwoman and ZBA Liaison (Facilitating the Zoom/YouTube stream)
APPLICATION REVIEW:
Continuing Applications:
1. 21/674 – Jeffrey Shapiro – Area Variance (PUBLIC HEARING)
` 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 by the Code Enforcement Office, yet erected the fence regardless.
Jeffrey Shapiro was present on behalf of his application.
Chair Psaras summarized the application. He stated Mr. Shapiro chose to set his front yard on Wilderness Dr. and his side yard on Raycliff Dr. Chair Psaras referenced Section 140-10 (b) which talks about sight lines for a fence. He stated where the two center lines meet between the two roads, the measurement of seventy-five feet in both directions starts. Upon measuring, the center line projects passed the fence by approximately twenty-three feet, and the height of eight feet would be in violation for that length of the fence. The Code allows a fence that height thirty inches above street level and it would not be in the sight line. Chair Psaras also mentioned Section 140-13(C) that states an accessory structure not attached to the house cannot go into the front yard further than the principal structure. The fence protrudes into the front yard at about twelve feet from where the deck is located.
Ms. Bressler made a comment that the downhill section of the road is where having a taller fence would be most important.
The Board informed the applicant he would need a variance either way.
Ms. Christiana clarified the height of the fence is measured from the ground level.
Mr. Stephens stated regarding the two variance options considered in sequence, that safety is a priority when making the consideration.
Mr. Fischer asked how many trucks come down the road daily on average.
Mr. Shapiro stated there are about 3-4 per day, including delivery trucks, garbage trucks, and construction vehicles.
Ms. Vinton asked if different types of speed bumps have been explored.
Mr. Shapiro stated they have tried a few options with no success in reducing the vehicle speeds.
Chair Psaras explained to the applicant the new law requiring decisions to be posted on the Town website for the public to view in advance of reading it at a meeting. There will be a motion(s) prepared for next meeting.
Mr. Shapiro was told he had a choice of which variance to choose. He decided to declare Wilderness as his front yard.
Ms. Christiana verified the next meeting would fall within the 62 days of the closing of the Public Hearing.
2. 21/686 – Judith McMahon – Area Variance
207 Schwabie Tpk., Kerhonkson, NY/SBL: 67.2-1-25/ R5
o Parcel is in the R-5 zoning district
o Parcel is +/- 5.1 acres
o Applicant proposes erection of a garage and does not meet 50ft setback for the side yards
Judith McMahon was present on behalf of the application.
Chair Psaras noted this meeting is a Public Hearing and asked Ms. McMahon to summarize the project.
Ms. McMahon stated she has been in the home for about twenty years and the home was built in 1965. She stated she purchased adjoining land, but the contract was breached by the seller and the parcel is foreclosed now. She stated the current home is situated three hundred feet off the road and has a gravel driveway. The garage was carefully planned out to pick the most ideal spot.
The Public Hearing was opened.
The secretary reported no one present in person or on the Zoom to speak about the application and no written comment has been received.
Mr. Fischer made a motion to close the Public Hearing. Ms. Bressler seconded the motion.
All in favor. Motion Carried.
5 ayes, 0 nays, 0 abstentions
The Chair asked for comment from the Board.
Mr. Fischer reported he had no issue with the proposed application.
Ms. Bressler stated she had no further discussion.
Ms. Vinton stated she had no further discussion.
Chair Psaras stated he did not see why the garage could not be built elsewhere.
Mr. Fischer stated if the applicant was to add fill, she would have to wait for it to settle to build on top of it.
The applicant stated if they had to bring in fill, they would do it ½ foot at a time and pack down with machinery each time.
Chair Psaras explained motions would be prepared for the next meeting and a decision would have to be posted on the website for public viewing. The Board will have 62 days from the close of the Public Hearing to make a final decision.
OTHER MATTERS
Mr. Fischer made a motion to accept the February 17, 2022, minutes. Ms. Bressler seconded the motion.
All in favor. Motion Carried.
5 ayes, 0 nays, 0 abstentions
Ms. Bressler announced this would be her last meeting as she received a promotion in her job that would force her to travel more and miss ZBA meeting. She stated she would be resigning from her position on the ZBA after tonight.
ADJOURNMENT:
Mr. Fischer made the motion to adjourn the meeting at 6:39PM. Ms. Bressler seconded the motion.
All in favor. Motion Carried.
5 ayes, 0 nays, 0 abstentions
Respectfully Submitted,
Nicole Knapp, Secretary