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

MINUTES of the May 19, 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 Isabel Vinton
Charles Fischer Nicole Knapp, Secretary to the ZBA
Ken Stephens
Clayton Haugen

ALSO PRESENT: Mary Lou Christiana, Attorney for the Town; Erin Enouen, Councilwoman and ZBA Liaison

APPLICATION REVIEW:

Before beginning the application review, Chair Psaras read the ZBA process to all applicants and distributed this process in writing to all applicants for their reference.

Continued Applications:

1. 22/054 – Deborah and Donald Lent – Area Variance
1619 Berme Rd./ SBL: 76.3-1-23
a. Parcel is in the R-2 zoning district
b. Parcel is +/- 0.25 acres
c. Applicant has proposed construction of a 30’ x 40’ 2-bay garage
d. Applicant does not meet the 40’ setback for accessory structures

Deborah and Donald Lent were present on behalf of the application.

Chair Psaras summarized information from the last meeting and asked if the applicant had an opportunity to revise the drawings. The revisions were submitted to the Secretary, but have not been submitted to the Code Enforcement Office.

Chair Psaras stated the revised plans show the garage being moved back to be in line with the front of the porch and the building is still under 6’ from the porch.

Mr. Fischer stated if the applicant puts a breezeway from the house to the garage, the structures would be attached, and a variance would not be needed. Chair Psaras echoed the same understanding, which would need to be verified by the CEO.

Chair Psaras stated if revisions are made of putting a breezeway and moving the garage over 1ft, and submitted to CEO, the applicant would not have to come back.

Ms. Christiana advised setting the public hearing just in case.

Mr. Stephens advised to submit a new drawing with the changes to the CEO.

Mr. Fischer made a motion to set the Public Hearing for the July 21, 2022 ZBA meeting if changes are not made to the current plan. Mr. Haugen seconded the motion.
All in Favor. Motion Carried.
Ayes: 4 Nays: 0 Absent: 1

Chair Psaras recused himself from the meeting at 6:09PM.

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

2. 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 and Tracey Kellogg present on behalf of the application. He provided new photos of the property.

Chair Haugen asked if there was a well on the property for the existing slab. Mr. Hennessey-Rubin replied there was, but it is not active. Unsure if there is a septic.

Ms. Kellogg stated the intent is not to create a second home.

Mr. Hennessey-Rubin stated the intent is to preserve the property. He has spoken with CEO and it is uncertain if the slab meets setbacks for the property.

The Board discussed other options to reduce the current 50% variance.

Ms. Kellogg stated the applicant reached out to the neighbors and did not receive any negative feedback.

The Public Hearing was opened.

No one appeared in person or on the Zoom.

Chair Haugen motioned to keep the Public Hearing open until more research is done regarding setbacks and existing slab. Mr. Fischer seconded the motion.
All in Favor. Motion Carried.
Ayes: 4 Nays: 0 Absent: 1

Ms. Christiana noted she will not be at the next ZBA meeting and will discuss with Chair Haugen prior.

Chair Psaras unrecused himself at 6:27PM, Clayton Haugen stepping down from the role of temporary Chair.

OTHER MATTERS:

Mr. Fischer made a motion to approve the minutes from the April 21, 2022 meeting. Mr. Stephens 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 6:28PM. Chair Psaras seconded the motion.
All in Favor. Motion Carried.
Ayes: 4 Nays: 0 Absent: 1

Respectfully Submitted,

Nicole Knapp, Secretary