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1 Village of Fair Haven Zoning Board of Appeals Hearing August 20, 2015 The hearing began at 7:00 p.m. ZBA members present Christopher Drogi, Susan Stanistreet, Jimmy Kawar and Dave Guynn. Richard Fernquist was excused. Also present Clerk-Treasurer Terri DiGregorio, Zoning Officer Stan Deputy Mayor Walter Krehling, Mayor William McVea, Randy Case, Carroll Grant, Douglas Borer, Paul Dow, Ginny Dow and Lynn Dempsey. Acting Chair, Chris Drogi, explained hearing protocol and read 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). Paul and Virginia Dow request an area variance for relief from provisions of Zoning Article IV Dimensional Requirements §150.9 to reduce set back restrictions to build a house at 14840 North Hadcock Drive tax map #8.11-1-17. Two letters in favor of the proposed house were received from neighbors Margret Falise and William and Shirley Moore. They own property north and south of the Dows. Mr. Dow explained the present house has a weak structure and he feels it’s not worthy of putting any additional money into it. They would like to tear it down and build a new house in the same foot print with a walkway extending 3’6” (42 inches) toward the north side lot line leaving a distance of 4’6” between the house and the north side lot line. The existing house is 8’ from the north side lot line and the neighboring house to the north is 3’ from the side lot line. The proposed house will be a 2 story with a walk out basement living area. Height will be 26’ from the street grade. The added 42 inch walkway will give access to the back yard without walking in the small area between the neighbors house as this area is mostly used by the neighbor to the north. On a motion by Dave Guynn and seconded by Jimmy Kawar the 3’6” (42 inch) variance to build an attached walkway on the north side of the house was granted. All aye, motion carried. Carroll Grant requests an area variance for relief from provisions of Zoning Article IV Dimensional Requirements §150.9 to reduce set back restrictions to build a porch on site #28 at Grants Vacation Park 14831 Lake St. Ext. tax map #9.05-1-16.11. A letter of was received from Martin Boor, neighbor to the east of the property. He stated he had safety concerns regarding the proposed porch at site #28 as he believes it is too close to the break wall at the water’s edge. Carroll Grant informed the Board there is a letter from Dr. Tessoriero in her file at the village office sent several years ago stating he is in favor of any upgrades due to the nature of how the RV Park was managed. She stated she will find her copy and send it to the village office. ---PAGE BREAK--- 2 Ms. Grant explained the RV and proposed porch are both temporary structures and questioned if they should be compared to a shed which needs a 10’ set back or the standard 35’ set back for a structure. She stated the RV park has on file general permission to build unattached porches for the RV’s 10’ wide and as long as the trailer after obtaining a building permit for each one. This is quoted in December 9, 2013 minutes. On May 21, 2015 permission was given to build a porch at site #4B however the owner of the trailer decided to move to a newly opened site which is now known as site #28. Carroll stated she notified Zoning Officer of the move and was told the same building permit could be used. She also reminded the Board the location of the units on sites #27 and #28 have been validated twice by the Planning Board. The corner of the proposed porch is 4’2” from the break wall, 12’ from the Boor’s boundary line, 11’ from the south boundary line and 17’ from the water at the north end of the porch which is where the door will be. Randy Case stressed there will be no other means of egress from the porch other than that door. A fence could be built between the Boor property and this section of the park to ease Mr. Boor’s safety concerns if need be. Carroll also mentioned this property used to house a hotel on the water’s edge many years ago and has been long since torn down. Chris Drogi informed everyone he would abstain from comment and from voting due to personal and professional reasons. Susan Stanistreet stressed her concerns for that whole area related to the congestion of the trailers and the new house on the corner of Lake St. Ext. and 10th St. She regrets Carroll Grant and Randy Case did not respond to the letter sent by the village office informing them of the request for a variance to build the house at 14803 Lake St. Ext. Ms. Grant clarified the fact that a Special Permit had been issued in December 2014 granting permission to open the 2 sites at the south end of the park. Dave Guynn expressed a concern for safety regarding the closeness of the proposed porch to the break wall. He alluded to a falling hazard that could cause a future possible law suit against the Village of Fair Haven if the ZBA granted the variance for 4’6”. Carroll suggested a railing could be installed along the break wall near the proposed porch for safety concerns. There is 42’6” between sites #27 and #28 consisting of green space and a driveway. Responding to Susan’s question to reduce the size of the porch, Randy stated the RV could be moved 8’ north towards the driveway. If this was done the south corner of the proposed porch would be 7’8” from the break wall instead of 4’2”. It was suggested to move the RV back to the east from the water another 2’ but Carroll and Randy did not want to further encroach toward Mr. Boor’s property line because the RV has tip outs. Randy stated he can move the electric lines to accommodate moving the RV to the north. Mayor William McVea had inspected the area in question and observed a slope toward the water making the 4’2” area even more hazardous. Moving the RV 8’ would make a huge difference. Deputy Mayor Walter Krehling commented Grants Vacation Park is a very nice park. He knows Carroll Grant and Randy Case will continue to run a nice park no matter the decision. On a motion by Jimmy Kawar and a second by Susan Stanistreet the RV trailer presently located on site #28 will be moved 8’ north toward the present driveway resulting in a 7’8” setback from the south corner of the proposed porch to the break wall at the edge of the water and it was determined a railing is not needed. Voting resolution: Christopher Drogi abstained, Susan Stanistreet aye, Jimmy Kawar aye and Dave Guynn aye. Motion carried. ---PAGE BREAK--- 3 MINUTES: The July 23rd minutes were approved on a motion by Susan Stanistreet and seconded by Jimmy Kawar. All aye, motion carried. UNFINISHED BUSINESS: The hearing decision for James Comeau was signed by the ZBA members. NEW BUSINESS: The ZBA members decided to hold a hearing on September 3rd at 7:00 p.m. regarding the shed at 14475 Richmond Ave. Stefan House had been issued a building permit for an 8’x10’ shed on 11/4/2013. The building permit was issued in error by code enforcement as an accessory building cannot be any closer to the street line than the principal building. Code enforcement has been trying to remedy the situation since the error was discovered but to no avail. The Board of Trustees had informed Mr. House to request a variance to keep the shed in the front yard and waived the $100.00 fee. Chris Drogi questioned the pitch of the roof at 14803 Lake St. Ext. He recalled the representative at Gerber Homes stating the house would have a 5 in 12 pitch and he believes it looks more like a 7 in 12 pitch now that it’s built. Stan stated at the time the ZBA was presented with a rough draft of drawings for the proposed house. In summary the ZBA requests prints to scale at future hearings. ADJOURNMENT: The meeting was adjourned at 8:19 p.m. on a motion by Susan Stanistreet and seconded by Dave Guynn. All aye, motion carried. Approved minutes respectfully submitted. Terri M. DiGregorio Clerk-Treasurer