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1 Village of Fair Haven Zoning Board of Appeals Hearing June 11, 2015 The hearing began at 7:00 p.m. ZBA members present Chairman Richard Fernquist, Christopher Drogi, Susan Stanistreet, Jimmy Kawar and Dave Guynn. Also present Clerk Terri DiGregorio, Walter Krehling, Laurence Williams, Terrance Schell, Schell, Leonard Williams, Rita Wedge, Randy Case and Carroll Grant. HEARING: Terrance Schell requests an area variance for relief from provisions of Fences, §62-5 to construct a fence higher than allowed in the front yard on his property at 578 4th St. tax map #9.13-1-12. On a motion by Susan Stanistreet and a second by Dave Guynn the SEQR was determined to be a type 2 requiring no further action. All aye motion carried. Chairman Fernquist read the following five criteria the ZBA will base their decision on: 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 Schell explained the reasons she and her husband are requesting a 6 feet high stockade fence and why they would like it to continue to the front. She explained they enjoy their privacy and proceeded to show the ZBA board members pictures of neighboring properties. Some have clutter in their yards and they would rather not look at this while sitting in the yard or looking out the windows of the residence. also stated they have observed large numbers of deer in the area and hope a 6 feet high fence would keep them out of the yard so they can have a garden and to prevent tick infestation which can cause lime disease in some cases. She stated the fence would not block any of the neighbor’s views. Chris Drogi suggested a natural berm or bushes. A letter was received from the Fergusons who are neighbors. Larry Cosser also stopped in the village office to state he had no objection to the fence. Susan Stanistreet stated she can appreciate a high fence to keep the deer out as she too has a problem loosing plants and bushes. She questioned two sets of drawings making it a bit confusing. Chairman Fernquist closed the hearing and asked for a motion to approve or disapprove the request. Based on the five criteria mentioned earlier in the hearing Chairman Fernquist motioned to approve the variance with a second by Susan Stanistreet. Dave Guynn voted no and Chris Drogi voted no. Clerk DiGregorio proceeded to notify Jim Kawar his presence was requested at the hearing to break the tie. The Board then decided to wait for Mr. Kawar and proceed with the next hearing. Jim Kawar now present at the hearing was briefed by Chairman Fernquist on why the variance is requested for a 6 feet high stockade fence around the sides and front of the yard. Mrs. Schell showed Jim the pictures of the neighboring properties and explained the deer situation as before. Jim Kawar voted in favor of the variance to allow a 6 feet high fence in the front yard at 578 4th Street. The final vote is 3 in favor and 2 against, therefore a 3 feet variance is granted for the front section of the fence. HEARING: Laurence Williams requests an area variance for relief from provisions of Zoning, Article III §150-8, A, K to reduce set back restrictions to place a10’ x 12’ shed on his property at 14643 Cayuga St. tax map #9.13-1-36.12. ---PAGE BREAK--- 2 On a motion by Chris Drogi and a second by Dave Guynn the SEQR was determined to be a type 2 requiring no further action. All aye motion carried. Laurence Williams did not wish to hear the five criteria the ZBA goes uses to make their decision as he was present for the first hearing. Mr. Williams explained the reason for requesting the variance for the shed was due to not having a very large parcel of property. He has 27 feet to the rear property line from the back of his house and 16 feet to the north side lot line. He wished to place the 10’ x 12’ shed in line with the back of his driveway which would place it 2 feet from the rear lot line and 3 feet from the north side lot line. He has spoken to both neighbors to the rear and north. Neither one has any objections to the shed. He will place it on a gravel pad with designer block around the bottom. There are no campers directly behind his property in the camp ground owned by the Larry and Sharon Cosser. Chairman Fernquist closed the hearing and asked for a motion to approve or disapprove the request. Based on the five criteria earlier mentioned in the hearing, the request for a rear variance of 33 feet and north side variance of 7 feet was approved on a motion by Chris Drogi and seconded by Chairman Fernquist. All aye, motion carried. Carroll Grant & Randy Case addressed the Zoning Board of Appeals regarding the decision made on May 14, 2015 to grant Martin Boor an area variance to construct a single story house at 14803 Lake St. Ext. Carroll explained they share a goal with the village to upgrade the community and replace structures in disrepair with new ones but never realized the proposed house would be built 2 feet from their property line. They were not present at the hearing and had no idea the ZBA would allow a structure to be built that close to the property line but came later to support the O’Connor’s Main Street Pub variance. Carroll questioned how a structure could be built that close to the property line and be maintained without trespassing. Both Carroll and Randy stressed they regret not having been present at the hearing. They are aware of existing alternatives Thank you for listening. An Article 78 would be brought about to protest the decision. MINUTES: The May 14th minutes were amended to reflect Carroll Grant and Randy Case were only present for the second hearing regarding O’Connor’s. These amended minutes were approved on a motion by Susan Stanistreet and seconded by Chairman Fernquist. All aye, motion carried. NEW BUSINESS: Discussed the reason for cancelling the proposed house at 14495 Cayuga Street. It was discovered the construction will take place in the central business district where there are zero setbacks. The ZBA was given paperwork for the next hearing to be scheduled for June 25th. The board members will check their schedules and confirm with the clerk. ADJOURNMENT: The meeting was adjourned at 8:18 p.m. on a motion by Richard and Chris architectural Unapproved minutes respectfully submitted. Terri M. DiGregorio Clerk