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1 Village of Fair Haven Zoning Board of Appeals Hearing May 14, 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, John Graziose Gerber Homes representative, Martin Boor, Walter Krehling, Billy Walsh, Patty Lowden and Tim Lowden. Randy Case and Carroll Grant were only present for the second hearing regarding O’Connor’s Main Street Pub. HEARING: Martin Boor requests an area variance for relief from provisions of Zoning, Article IV Dimensional Requirements §150.9 to reduce set back restrictions to build a single story house at 14803 Lake St. Ext tax map #9.05-1-18. 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. Gerber Homes contractor John Graziose spoke on behalf of property owner Martin Boor explaining the existing mobile home will be removed and a single story home built in its place. The existing mobile home presently encroaches the Lake St. Ext. right-of-way (ROW). The proposed house will be built back so it does not encroach this ROW. The plans for the house are not totally finalized but it will be a 20’ x 30’ 600 sq. ft. single story, full basement, one-bedroom with a 12’x12’ deck. Normally with a 66 foot right of way the edge of the pavement is 10 to 16 feet from the property line. Unusual circumstances exist as the Lake St. Ext. pavement is approximately 21.25 feet away from the edge of the property line to the north and 35 feet from the edge of the property line to the south which makes it difficult to fit a structure on Mr. Boor’s property resulting in the request for the variances. Chairman Fernquist read the five criteria that assist the Zoning Board of Appeals in making decisions for variances. 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 Mr. Graziose stated they believe there will not be an undesirable change in the character of the neighborhood as the existing mobile home is in grave disrepair and the proposed structure will be an improvement. The proposed structure will also not encroach the street ROW as the existing mobile home now does. It is also believed this is the only possible method to achieve the benefit sought. Placing another mobile home on the site is no longer allowed in this area and after reviewing many different structures this one was chosen to best fit the property. The requested variances are significant particular the front being 1.4’ from the ROW but actually about 33’ from the pavement. The side to the north complies with the 10’ rule. The south 1’8” variance requested is near the village owned access to the water front and there are no existing structures on the back of the property where the rear 3’ variance is requested. They feel there will be no physical or environmental impact to the area as the structure will be improving the area and drainage will be addressed properly. ---PAGE BREAK--- 2 Chairman Fernquist expressed a concern regarding the close proximity to Grants property. Clerk DiGregorio stated there was no response from any neighbors for or against the project. Chris Drogi expressed concerns regarding the elevation at the front of the property as the proposed house including the roof will be much higher than the mobile home next to it even though it is below the allowed 35 feet. Mr. Graziose explained these are approximate drawings. More work needs to be done regarding the elevation of the property in respect to the placement of the proposed structure. He also stated the pitch of the roof could be lowered. Chris Drogi also expressed a concern with the plate of the house being higher than street level with considerable exposed basement wall. Mr. Graziose suggested siding could be dropped down a few courses to cover part of the basement wall. Susan Stanistreet commented the proposed structure will complement the neighborhood and as long as the height of the house stayed under 35 feet it complies with zoning. Walter Krehling stated he was very familiar with the property in question and believes the proposed house would be a 100% improvement to the area. He also commented Gerber Homes builds very nice homes. Chairman Fernquist closed hearing. The 1’4” front, 3’ rear and 1’8”side variances were approved on a motion by Susan Stanistreet and seconded by Dave Guynn. All aye, motion carried. HEARING: Timothy Lowden requests an area variance for relief from provisions of Zoning, Article VI Signs §150.18 as the square footage of all existing on premise signs exceeds the amount of square footage allowed at O’Connor’s Main Street Pub 559 Main St. tax map #8.20-2-63. The SEQR was not submitted as determination was made that it is not necessary for this case as the ZBA members will be hearing a variance request for signage. Chairman Fernquist read the five criteria to consider a variance. Tim Lowden owner of O’Connor’s Main Street Pub stated the signs visible on the outside of the building have been there for six years. The off premise signs are located within the premises of the business on the stairwell. O’Connor’s receives revenue from the advertisement of area businesses on these signs. They also have their own signs on the outside of the building. More sponsors advertising on the menus. Tim explained he understands he is before the Zoning Board of Appeals as the square footage of all the signs combined exceeds the square footage allowed. Mr. Lowden requested to have the ability to leave the existing signs up for 2015 season as he has already taken in the revenue from those advertising sponsors. Chairman Fernquist read the sign law pertaining to this case: A permit will not be issued for any on premise signs or off premise signs which are larger than 24 square feet. The total area of all on premise and off premise signs on the same lot shall not exceed more than 50 square feet. He measured the signs visible from the road and came up with 50 square feet for all off premise signs and 67 square feet for all on premise signs. Chris Drogi and Susan Stanistreet agreed the sign law is very confusing and needs to be addressed. There is nothing in place to prevent businesses from placing billboard signs advertising other businesses on the sides of their buildings if O’Connor’s is allowed to do so. Susan Stanistreet stressed the Village has a master plan and the ZBA must take into consideration this plan when making a ruling. ---PAGE BREAK--- 3 Jim Kawar proposed placing the signs on the inside of the fencing for 2016. Walter Krehling spoke as Deputy Mayor that he does not know how this case came before the ZBA as there are other businesses with signs in violation. He will recommend the Board of Trustees sit down with the Planning Board to review the sign law. Deputy Mayor Krehling also stated although the signs at O’Connor’s exceeds the square footage they are tastefully done and look nice. Carroll Grant stressed she feels it is very hard for businesses in Fair Haven to make money with such a short season and hates to see more restrictions placed on business owners. Chairman Fernquist closed the hearing after all comments were heard. On a motion by Susan Stanistreet and seconded by Dave Guynn a variance was granted to allow O’Connor’s Main Street Pub to keep the off premise signs on the stairway and upstairs porch for the 2015 season. At the conclusion of 2015 these signs will be removed until the Village government and business leaders come up with a new signage plan. If a new plan is not in place for the 2016 season the off premise signs may be placed on the inside of the fencing as not to be visible from the road. All aye, motion carried. Chairman Fernquist reiterated there is no undesirable change to the neighborhood, the benefit could be achieved by other means, the variance is substantial, there is no adverse impact on environmental conditions and the difficulty is self created. MINUTES: The April 23, 2015 hearing minutes were approved on a motion by Chris Drogi and seconded by Dave Guynn. All aye motion carried. COMMUNICATIONS: Susan Stanistreet completed 4 hours of training by attending the Onondaga County Planning Symposium on March 5th. Susan Stanistreet stressed the need to use the Comprehensive/Master Plan when making decisions to grant variances. Susan also commented she believes the Village website could be more user friendly and would like to see meeting minutes posted more efficiently. ADJOURNMENT: The meeting was adjourned at 8:18 p.m. on a motion by Chris Drogi and seconded by Dave Guynn. All aye, motion carried. Approved minutes respectfully submitted. Terri M. DiGregorio Clerk