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1 Village of Fair Haven Zoning Board of Appeals May 23, 2017 The hearing was called to order at 7:00 p.m. Board members present Chairman Christopher Drogi, Susan Stanistreet, Dave Guynn, Paul Fallon and alternate member Sharon Basile were present. Also, present Clerk-Treasurer Terri DiGregorio and 6 guests which included Mayor James Basile and Trustee Judy Dunaway HEARING: Notice is hereby given that the Zoning Board of Appeals of the Village of Fair Haven will hold a public hearing on May 23, 2017 7:00 p.m. at the village hall meeting room located at 14523 Cayuga Street, Fair Haven NY to hear the request of John H. Gadjo for an area variance for relief from provisions of Zoning §150-9 to construct a garage on his property located at 14636 Ingersoll Road tax map #8.11-1-69.12 • The hearing was reconvened from May 2nd with John Gadjo now present. He was previously not present at the May 2nd hearing and had no one to represent him to answer questions from the Board. Mr. Gadjo is requesting a 28-foot front variance which would place the proposed garage 2 feet from the Ingersoll Road right-of-way. The SEQR was approved at the May 2nd hearing. Correspondence from two neighbors was received and read at that previous hearing The letters from two neighbors were reviewed again as members Paul Fallon and Susan Stanistreet had not been present at the May 2nd hearing. • Mr. Gadjo explained the placement of the proposed garage needs to be close to the road as his property has a very steep grade and a large quantity of fill would need to be brought in. Moving it back away from the road further would also result in the removal of large trees. It can’t be moved any closer to the south as there is a small ditch on that side of his property which handles drainage off the road which can be sometimes extensive. In addition, a neighboring house is right on the edge of the right-of-way which would make his proposed garage conform to the neighborhood. • After considering the five criteria realizing the variance request is substantial and benefit could be achieved by another method by moving the location of the proposed garage back away from the road more, Mr. Gadjo amended his request from a 28-foot to a 23-foot variance. This would place the garage 16 feet from the pavement and 7 feet from the Ingesoll Road right-of-way. On a motion by Susan Stanistreet and a second by Sharon Basile the 23-foot front variance was approved to construct a garage. All aye, motion carried. The second variance request is by James & Michelle Hadcock for an area variance for relief from provisions of Zoning §150-9 to construct a car port on their property located at 14759 Poplar St. tax map #9.09-1-52. • Jeremy Hadcock appeared on behalf of his parents, James and Michelle Hadcock, to explain why his parents are asking for a variance to build a car port on the south side of their property for boat storage. A previous request for a variance to construct a lean-to on the north side of the existing pole barn was rejected last June. The location of the proposed car port would utilize the existing parking area off Poplar Street. The Hadcocks are requesting a 7-foot variance to the south side lot line and a 30-foot front variance from Poplar Street. • Board members were not in favor of building the car port on the edge of the Poplar Street right-of-way. Placing the proposed carport in various areas of the property was suggested by the Board. It was noted there was no correspondence from neighboring property owners. On a motion by Susan Stanistreet and a second by Paul Fallon the hearing was adjourned so Jeremy Hadcock could make a phone call to his parents and explain the discussion involving modifications to their request. All aye, motion carried. ---PAGE BREAK--- 2 The third variance request is by Craig Bader & Linda Howe for an area variance for relief from provisions of Zoning §150-9 to place a shed on their property located at 14755 Railroad Ave. tax map # 9.09-1-3. • Chairman Chris Drogi explained the property in question was shaped like a flag on a pole. The pole shaped part of their property on the east side is their driveway and right-of-way to Cayuga Street. Noted this is the front of their property requesting a 26-foot variance. The north property line is a neighbor and the end of Railroad Ave. Little Sodus bay is located at the rear and another neighbor to the south. The applicants are requesting a 4-foot variance on that south side property line. In receipt of a communication in favor of the new shed from Mary Krehling, neighbor to the north which is attached to these minutes. • Mr. Bader explained they were just replacing a damaged shed with a new shed that is a different shape that being 8’x14’. The old shed was 2-foot from the south side property line and the new one will be 5- foot from the south side property line. On a motion by Sharon Basile and a second by Paul Fallon a 5-foot variance to the south side and a 26-foot variance to the front was granted. All aye, motion carried. The second hearing for James and Michelle Hadcock was reconvened. Jeremy Hadcock stated that after speaking with his parents on the phone, they agreed to modify their request from a 30-foot to a 25-foot variance in the front and from 7-foot to a 5-foot variance for the south side. On a motion by Dave Guynn and seconded by Paul Fallon a 25-foot front variance and a 5-foot south side variance was approved to construct a car port. All aye, motion carried MINUTES: The minutes from the May 2nd hearing and meeting were approved on a motion by Dave Guynn and seconded by Chairman Drogi. All aye, motion carried. NEW BUSINESS: Mayor Basile suggested two different fees could be proposed for a variance application, a lower fee for those property owners with a nonconforming lot and a higher fee for property owners with a lot which conforms to the village zoning. The Board considered Mayor Basile’s suggestion to request the Board of Trustees raise the fee to apply to the Zoning Board of Appeals for a variance. UNFINISHED BUSINESS: • Chairman Drogi is still researching the wording for the variance signs. • The Zoning Board of Appeals members would like all paperwork and documentation be submitted before a hearing is scheduled. All applicants should submit a survey with all dimensions including street right- of-ways. • The ZBA requested the check list of items required to go before the zoning board of appeals be included on the application to the Zoning Board of Appeals. • ZBA members decided to meet the 4th Thursday of the month through October. All documents, drawings and plans must be submitted to the village office 2 weeks before the scheduled hearing. ADJOURNMENT: The meeting was adjourned at 8:40 p.m. on a motion by Chris Drogi and seconded by Susan Stanistreet. All aye, motion carried. Approved minutes respectfully submitted. Terri M. DiGregorio, Clerk-Treasurer, CMFO, RMC, CMC