Full Text
Village of Fair Haven Zoning Board of Appeals Hearing July 23, 2015 The hearing was opened at 7:00 p.m. Members present Chairman Richard Fernquist, Susan Stanistreet, Christopher Drogi and Dave Guynn. Jim Kawar was absent. Also present Clerk- Treasurer Terri DiGregorio. Chairman Fernquist opened the hearing announcing the request of James Comeau for an area variance for relief from provisions of Zoning, Article III §150-8, A, to reduce set back restrictions to place a 10’x14’ shed on his property located at 14453 Stafford St. tax map #9.17- 2-12.11. On a motion by Dave Guynn and seconded by Susan Stanistreet the SEQR was determined to by a type II action which will have no impact on the environment. All aye, motion carried. It appears from the paperwork submitted Mr. Comeau he is asking for a 9 foot variance from the side lot line. It is unclear which side. The ZBA Board members were in agreement there was not enough information to make a decision and the drawing submitted was very brief. Board members commented the lack of a site plan makes it nearly impossible to understand where the proposed shed would be placed. Mr. Comeau nor his representative was present at the hearing. One response was received from neighbor Sally Brown in favor of the variance. Dave Guynn raised the question of whether the applicant can reapply to rehear the case if he comes back to the Board with better information. The Board agreed that was possible. Chairman Fernquist closed the hearing noting this is a self-created difficulty, the variance would be very substantial and benefit could be achieved by moving the shed as there appears to be plenty of room to do so. The variance to place a shed 1 foot from the side property line was denied due to lack of information as it appears there is plenty of room on the applicant’s property to place the shed in a different location. This decision was made on a motion by Chairman Fernquist. The voting resolution was as follows: Dave Guynn denied, Chris Drogi abstained, Chairman Fernquist denied and Susan Stanistreet denied. MINUTES: The June 30th minutes were approved on a motion by Chris Drogi and seconded by Chairman Fernquist. All aye, motion carried. NEW BUSINESS: The Board agreed to meet on August 20th to hear a variance request for the Dows on Hadcock Drive. Chris Drogi commented on why the zoning laws were established and how the Zoning Board of Appeals should look at each case individually. ---PAGE BREAK--- Susan Stanistreet and the Board agreed the ZBA members they presently have present a good balance from the community. Dave Guynn commented the ZBA and Planning Board members should be more aware of the decisions made at previous ZBA hearings and previous Planning Board Special Permit hearings. A prime example is the present construction regarding a Special Permit granted by the Planning Board for Grants Vacation Park and a variance granted by the ZBA for Martin Boor on Lake Street Extension. ADJOURNMENT: The meeting was adjourned at 7:31 p.m. on a motion by Susan Stanistreet and seconded by Chris Drogi. All aye motion carried. Approved minutes respectfully submitted. Terri M. DiGregorio Clerk-Treasurer