ZONING BOARD OF APPEALS
TOWN OF ROCHESTER
ULSTER COUNTY
ACCORD, NEW YORK
(845) 626-2434
nknapp@townofrochester.ny.gov
MINUTES of the September 16th, 2021 Town of Rochester Zoning Board of Appeals, held via Zoom and Livestreamed on Youtube.
Chair Psaras called the meeting to order at 6:00PM.
The secretary did roll call.
PRESENT: ABSENT:
Bruce Psaras, Chair Isabel Vinton – Alternate
Michael Wassell
Charles Fischer
Bill Barringer
Jill Bressler (6:26pm)
ALSO PRESENT: Nicole Knapp, Planning and Zoning Board Secretary, Erin Enouen, Councilwoman and ZBA Liaison
APPLICATIONS:
1) 21/049 AV – Tow Path Rd. LLC/John Sturges – Area Variance
442 Tow Path Rd./ SBL: 77.2-4-48 R-5 District
• Parcel is in the R-5 zoning district
• Parcel is+/- 1.7 acres
• Applicant proposes the erection of a single-family residence
• Applicant does not meet the 100′ setback set from the high-water line
• Proposed structure is+/- 70′ away from the high-water line
• Applicant would need a +/- 30′ variance
Mr. Sturges was present on behalf of the application.
Chair Psaras opened the public hearing. No one present to speak about the application and no letters have been received.
The ECC will submit comments by the end of the month.
Chair Psaras noted Mr. Sturges has a lot line improvement application open with the Planning Board. He was advised to wait to finalize that application until his Area Variance is approved by the ZBA.
Chair Psaras made a motion to keep the Public Hearing open until next meeting. Mr. Wassell seconded the motion.
ROLL CALL:
Bruce Psaras – Aye
Michael Wassell – Aye
Charles Fischer – Aye
Bill Barringer – Aye
All in Favor. Motion Carried.
4 ayes, 0 nays, 0 abstentions
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2) 20/264 – DiFlamminio/Kudryavtseva – Area Variance
21 Ski Slope Rd./SBL: 59.7-2-31 R-2 District
• Parcel is in the R-2 zoning district
• Parcel is +/- 1.73 acres
• Current property lines run through a cabin on neighboring lot
• Area variance is required
Ms. DiFlamminio was present on behalf of the application.
Chair Psaras noted the original application was submitted August 2020 and there is a cabin on the property that crosses the property line.
It was noted the survey maps had not been received by the ZBA secretary. Chair Psaras suggested a 20 minute recess to have the documents emailed to the secretary.
Mr. Barringer made a motion to adjourn for 20 mins, Chair Psaras seconded the motion.
All in Favor. Motion Carried.
4 ayes, 0 nays, 0 abstentions
20 minutes later, the Board was back in session.
The Board reviewed survey maps from the applicant. One representing the current layout, the other representing the proposed layout. The applicant noted there is a natural separation of the two lots by a row of trees, where they are proposing the new property line.
Ms. Bressler asked about the possibility of moving the cabin that is on the property line. Ms. DiFlamminio stated this would not be an easy task, as the cabin has a foundation and they planned on restoring it.
Ms. Bressler suggested the shed be moved. Ms. DiFlamminio stated the way the map is drawn is the best way they could design the lot to meet the dimension requirements.
Chair Psaras stated it looked like the 30’ road frontage requirement was represented on the map.
He confirmed there is separate well, septic, and utility lines for both the cabin and the mobile home on each of the lots.
Ms. Bressler asked a question regarding the size of the lots and if it was necessary to split up the properties in such a way. It was pointed out they are two separate lots right now. One would become less non-conforming in size and the other would become more non-conforming in size.
Chair Psaras asked what the future plans are for the property that necessitates splitting the properties rather them joining and conforming to the zoning requirements.
Ms. DiFlamminio stated it would not be a good financial decision to join them and the goal was to restore the cabin to what it used to be and place a new house where the current mobile home is.
Mr. Fischer pointed out a lot line adjustment would be needed with the Planning Board after the variance. He asked if they needed a variance for the shed on the property.
Ms. Christiana stated they did not need a variance for the shed and that when the ZBA was given this application from Code Enforcement, the Code Enforcement Officer stated there was a section of our law that says if you’re going to alter a lot line you can’t make a lot less-conforming. The 1.6-acre parcel would become 1.2 acres – which is the reason for the need of a variance.
Mr. Fischer made a motion to hold the Public Hearing at the 10/21/21 meeting. Mr. Barringer seconded the motion.
ROLL CALL:
Bruce Psaras – Aye
Michael Wassell – Aye
Charles Fischer – Aye
Bill Barringer – Aye
Jill Bressler – Aye
All in Favor. Motion Carried.
5 ayes, 0 nays, 0 abstentions
OTHER MATTERS:
Accepting the regular meeting minutes of, August 19th, 2021:
• Mr. Fischer made the motion to accept the meeting minutes of August 18th, 2021. Mr. Barringer seconded the motion.
ROLL CALL:
Bruce Psaras – Aye
Michael Wassell – Aye
Charles Fischer – Aye
Bill Barringer – Aye
Jill Bressler – Aye
All in favor. Motion Carried.
5 ayes, 0 nays, 0 abstentions
Prior to adjournment, Ms. Christiana asked to clarify information regarding the Sisson application. Chair Psaras stated they were asked to update their plans with the changes discussed and if submitted, the public hearing would be scheduled.
Ms. Christiana confirmed a dimensional change is enough for it to be considered a “new” application. Moving/painting a door is not a change.
Mr. Barringer stated they were willing to make the change and asked if that would be enough.
Ms. Christiana said they would need to ask Code Enforcement if the change was enough.
This stands to correct the record that Ms. Christiana stated adding a door would be sufficient to vote on the re-hearing. She did not state this.
ADJOURNMENT:
Mr. Barringer made the motion to adjourn the meeting. Mr. Fischer seconded the motion.
ROLL CALL:
Bruce Psaras – Aye
Michael Wassell – Aye
Charles Fischer – Aye
Bill Barringer – Aye
Jill Bressler – Aye
All in favor. Motion Carried.
5 ayes, 0 nays, 0 abstentions
Respectfully Submitted,
Nicole Knapp, Secretary