Full Text
1 VILLAGE OF FAIR HAVEN ZONING BOARD OF APPEALS HEARING NOVEMBER 1, 2016 The hearing began at 7:00 p.m. ZBA members present Chairman Christopher Drogi, Susan Stanistreet, Dave Guynn, and Jimmy Kawar. Paul Fallon was excused. Also present Deputy Clerk Johanne Van Der Linden, Deputy Mayor Walter Krehling, Otis Gagnon, Jean-Pierre Roberts, Linda Clum, Archie Clum, Samuel Simmons and Stephen Williams. HEARING: Notice is hereby given that the Zoning Board of Appeals of the Village of Fair Haven will hold a public hearing on November 1, 2016 7:00 p.m. at the Village Hall 14523 Cayuga Street Fair Haven NY to hear the request of Otis Gagnon for an area variance for relief from provisions of Zoning Article 150-9 to construct a garage at 569 Platt Street tax map #11.08-2-17 Chairman Drogi read the five criteria the Zoning Board of Appeals must consider when making a decision whether to grant or deny a variance and are as follows: Will the requested variance produce an undesirable change in the character of the neighborhood, or create a detriment to nearby properties Is there another alternative method available for the applicant to pursue to achieve the benefit they sought other than the requested variance Is the requested area variance substantial Will the proposed variance have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district Is the alleged difficulty self-created The SEQR application was accepted on a motion by Susan Stanistreet and seconded by Dave Guynn. All aye, motion carried. Otis Gagnon explained why he would like to construct a garage. His property does not meet the code for building. He is not sure what you would call the sides as the plot has 3 sides. He intends to use it to store his antique vehicles and a small workshop to work on his own vehicles. He has no intention of ever having a commercial business. James Kawar inquired about the discrepancies between the application and site plan; one says the dimensions are 6’ x 6’ and the other one 8’ x 10’. Mr. Gagnon said the latter one; the 8’ x 10’ are the correct dimensions. Mr. Gagnon said the original was incorrect. The 8x10 is the correct one. Susan Stanistreet asked if he owned the property adjoining his property on Lake St. No, he does not own it. Susan Stanistreet wondered if you thought about repositioning the garage on the lot. She thought if the building was repositioned flush to Lake Street , and this being the widest part of the property, the set back on Platt St would not be needed. Mr. Gagnon wanted to use existing driveway and that is why his building was oriented that way. There are trees at the other end and would be quite expensive to take them down, another reason why he chose the site. Dave Guynn asked Mr. Gagnon if he could push the building back towards the trees and extend the driveway. It could possibly be done. Dave said it could alleviate the 6foot setback from Platt St. Mr. Gagnon and his builder Samuel Simmons discussed the possibility of repositioning the building to the widest part of the lot. Chairman Drogi: The building permit said a height of 12 feet, but drawings show 10ft wall. Yes they will be 10 foot wall; building permit will have to be changed to 10 foot wall. Also Chairman Drogi felt that Mr. Gagnon was asking an awful lot, building a big generic pole barn in front of a totally residential ---PAGE BREAK--- 2 community. The 2 foot reduction makes it a little bit more appealing and make it less probable to have a commercial building in the future. Linda Clum asked if the property had changed at all since Mr. Gagnon purchased it. No changes were made. Linda is concerned about this building being used as a commercial building down the road. A use variance would be needed if anyone would want a commercial building. The neighborhood would have to come in and state that they do not want a commercial building in their area. Linda also asked if other structures could be added. Susan said that there is no way other structures could be added as the plot is too small. Linda also asked if a small shed could be put on a property without a building permit. The answer was no, all buildings no matter the size do need a building permit. Jean Pierre Roberts has no problems with the set back on his property line. He wanted to know if his property is zoned commercial; his property is residential. He was under the impression that his property was commercial and also asked about the setbacks on a commercial property. There are no setbacks on a commercial property. Chairman Drogi: We are a little bit at a disadvantage as the drawings are not to scale. Susan suggested to grant a variance on the one side (rear setback), not on the Platt Street side to avoid Mr. Gagnon to come back for another request. Linda asked where the doors would be facing. They would be facing west, towards the street, not towards driveway as originally designed. Chairman Drogi made a motion to amend the variance. We request a 10 foot side walls, and building permit to be amended. We will give a 30 foot variance off adjoining property 11.08-2-16 to the north. The amended variance request was approved on a motion by Dave Guynn and seconded by Jim Kawar. All aye, motion carried. MINUTES: The June 28, 2016 hearing minutes were approved on a motion by Susan Stanistreet and seconded by Dave Guynn. All aye, motion carried. COMMUNICATIONS: The Board members were supplied with the upcoming November Webinars. Chairman Drogi asked the Board to read the Planning Board meeting minutes. NEW BUSINESS: The Board decided not to look into the Future Use Variance request as it is too far out. Walter Krehling introduced Steve Williams. Mr. Williams bought a property on 13th Street and had several questions regarding the street and property zoning. Chairman Drogi advised him to address his questions to the Board of Trustees at an agenda meeting, and to also speak with the Assessor. UNFINISHED BUSINESS: James Kawar and Dave Guynn signed the Hadcock resolution. ADJOURNMENT: The meeting was adjourned at 8:15 p.m. on a motion by Susan Stanistreet and seconded by Dave Guynn. All aye, motion carried. Unapproved minutes respectfully submitted. Johanne A. Van Der Linden Deputy Clerk