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1 Village of Fair Haven Zoning Board of Appeals Hearing September 3, 2015 The hearing began at 7:05 p.m. ZBA members present Richard Fernquist, Dave Guynn and Susan Stanistreet. Also present Deputy Clerk Johanne Van Der Linden, Deputy Mayor Walter Krehling, Mayor William McVea, Stefan House. Stefan House is requesting an area variance for relief from provisions of Zoning Article III Use Regulations §150-8 A. [ii] to place a shed closer to the street than the principal building in the residential district at 14475 Richmond Ave. tax map #8.20-2-26.1. On a motion by Susan Stanistreet and seconded by Dave Guynn the project was determined to be a type II SEQR having no impact on the environment. All aye, motion carried. Chairman Fernquist explained hearing protocol. The 5 criteria the ZBA uses in making their decision to grant or not to grant a variance: whether benefit can be achieved by other means feasible to applicant; undesirable change in neighborhood character or detriment to nearby properties; whether request is substantial; whether request will have adverse physical or environmental effects; whether alleged difficulty is self-created (which is relevant, but not determinative). Stefan House explained he is requesting the variance because he had obtained a building permit for the shed. After the shed was built he received a letter informing him the permit was denied. He had placed the shed on an existing blacktopped pad in the front yard off to the north side. He stated he would like it to stay in its present location as it would be too difficult to move it. There was some discussion about the village DPW moving it but it was determined the trees are in the way and Mr. House would like it placed on a pad so it won’t rot out. Mayor McVea explained the Code Enforcement Officer at the time who issued the shed permit had just begun working for the Village in that capacity having taken over the position for his father. At that time he had just issued a building permit for a shed in the front yard of a property in the bay front district which is allowed. In the residential district an accessory building cannot be any closer to the street than the street wall of the principal building. Therefore the building permit was issued in error by the Village of Fair Haven. Mayor McVea explained the DPW decided not to move the shed for fear of damaging it. He commented the shed looks aesthetically pleasing in its present location. The Board of Trustees decided to bring the issue before the Zoning Board of Appeals for a ruling. Chairman Fernquist commented a size restriction should be in place for 8’ x 10’ if the variance is granted since the variance goes with the property. Susan Stanistreet commented the shed should be no bigger than the current shed. Deputy Mayor Krehling stated he had spoken to the neighbors to the north and they had no problem with the shed. Chairman Fernquist closed the hearing at 7:35 p.m. On a motion by Dave Guynn and seconded by Susan Stanistreet the variance was approved for the shed as is with a stipulation the size of the shed cannot change. All aye, motion carried. ---PAGE BREAK--- 2 MINUTES: The August 20th meeting minutes were approved. COMMUNICATIONS: Copies of Local Law #1 of 2015 regarding sewers were given to the ZBA members for their code books. UNFINISHED BUSINESS: The Dow decision and the Grant decision documents were signed by the ZBA members. NEW BUSINESS: ADJOURNMENT: The meeting was adjourned at 7:25 p.m. on a motion by Susan Stanistreet and seconded by Chairman Fernquist. All aye, motion carried. Approved minutes respectfully submitted. Terri M. DiGregorio Village Clerk-Treasurer