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Village of Fair Haven Zoning Board of Appeals June 28, 2018 The hearing began at 7:00. ZBA members present, Chair Susan Stanistreet, Dave Guynn, Paul Fallon, Sharon Basile and alternate member Darrell Uetz as Sharon MacLeod was excused due to vacation. Also present Clerk-Treasurer Terri DiGregorio, Dean Durell, Maryrose Balloni, John Grazioso and Walter Krehling. Chair Stanistreet read the five criteria known as the balancing test. The Board of Appeals shall balance benefit to the applicant with detriment to health, safety and welfare of the community. The Board shall also consider the following: whether benefit can be achieved by other means feasible to applicant; undesirable change in neighborhood character or to nearby properties; whether request is substantial; whether request will have adverse physical or environmental effects; whether alleged difficulty is seal- created. On a motion by Dave Guynn and a second by Paul Fallon both cases before the Zoning Board of Appeals were determined as a Type II SEQR resulting with no impact on the environment. All aye, motion carried. The first hearing is a request by Dean Durell for an area variance for relief from provisions of Zoning §150-8, [ii] to place a shed closer to the street than the street wall of the principal building at 14625 Lake Street tax map #8.16-1-57.114. • Dean Durell explained he had designed and installed a new driveway with a plan for placement of a shed nearby. He didn’t realize when he turned in the application for a 10’ x 16’ shed that it couldn’t be in the front yard even though his house was 300 feet from the road and the shed would not even be seen from the road. • The distance between the shed and other buildings on the property was not designated on the drawing. Mr. Durell stated he would be sure the shed was placed 10 feet from the side lot line and all structures on his property. • Mr. Durell inquired if he would be allowed to place a 10’ x 14’ shed in that spot if the shed he wanted was unavailable as he hasn’t ordered it yet. The Board responded the permit would have to be amended. The hearing was closed as there were no further questions, concerns or comments. The requested variance was granted to place a 10’ x 16’ shed in the front yard on a motion by Sharon Basile and seconded by Paul Fallon. All aye, motion carried. The second request is by John and Maryrose Balloni for an area variance for relief from provisions of Zoning §150-9 to construct a new home closer to a side lot line than allowed located at 14876 N. Hadcock Drive tax map #8.08-1-21. • John Grazioso with Gerber Homes, who are the contractors building the house, spoke on behalf of the Balloni’s. He explained to the Board that the present house will be removed and the proposed house will be built basically on the same foot print. Due to the location of the grinder pump, the proposed structure will need to be 4 feet from the south side lot line. The existing house is 4.34’ from that side line, which would be a 6 foot variance request. The proposed home will be 30 feet from the edge of the North Hadcock Drive right-of-way as the pins marking that area are in place. Mr. Grazioso noted there is a vacant lot to the south. The house on the north side is very close with a deck that extends toward the property line. ---PAGE BREAK--- • An email was received by the applicants from Mary McManus, neighbor to the south. The applicants had also spoken with the neighbors to the north and they had no objections. • Darrell Uetz will abstain from voting on this case as he has property across the street and was sent a notification letter. The hearing was closed as there were no further questions, concerns or comments. The requested 6- foot variance on the south side lot line was granted on a motion by Dave Guynn and seconded by Paul Fallon. 4 ayes and one abstention, motion carried. MINUTES: The minutes from the 3/22/2018 meeting was approved on a motion by Chair Stanistreet and Paul Fallon. All aye, motion carried. NEW BUSINESS: • The Planning Board requested input from the Zoning Board of Appeals as they are revising the zoning. The Planning Board is meeting twice a month. Chairman Stanistreet would like the ZBA members to address problem areas in the zoning that could possibly be revised. • Sharon Basile would like a copy of the right-of-ways of all of the streets in the Village. • Darrell Uetz brought to the attention of the Board, Vacation Rentals by Owner (VRBO) and the Bed & Breakfasts as they don’t operate under the same rules and regulations. There are many VRBO’s in the Village of Fair Haven that are unregulated. This should be addressed in the zoning revisions. • The Appendix C State Environmental Assessment Form (SEQR) for Unlisted Actions Only will no longer be required in an application requesting a variance. This was decided on a motion by Darrell Uetz and seconded by Paul Fallon. All aye, motion carried. All applications in the past have been determined a Type II which does not require a form. The ZBA will determine if a SEQR form is required before a hearing is held. • The Board agreed to revise the ZBA meeting announcement page on the Village website. It should read: “Zoning Board of Appeals meets as needed on the 4th Thursday of each month” • Chairman Stanistreet noted that the Zoning Officer should be reminded to write the exact reason from the section of the Village Code regarding the denial of the building permit application. ADJOURNMENT: The meeting was adjourned at 8:11pm on a motion by Darrell Uetz and seconded by Paul Fallon. All aye, motion carried. Unapproved minutes respectfully submitted. Terri M. DiGregorio Clerk-Treasurer, RMC, CMFO, CMC