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1 Village of Fair Haven Zoning Board of Appeals Hearing August 24, 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 Sharon Basile. Alternate member Sharon MacLeod was also present in the audience. Also, present Clerk-Treasurer Terri DiGregorio, Gary Clark, Kay Clark, Mayor Jim Basile, Deputy Mayor Walter Krehling, Bill McVea and Mark McVea. HEARING: The Zoning Board of Appeals met to hear the request of Gary & Kay Clark for an area variance for relief from provisions of Zoning §150-9 to construct a garage on their property located at 14942 West Bay Road tax map #5.20-1-10. • On a motion by Susan Stanistreet and a second by Dave Guynn, the SEQR was accepted as an unlisted action, therefore a negative declaration. All aye, motion carried. • Chairman Drogi read the five criteria the ZBA must consider before granting an area variance. • Gary and Kay Clark proceeded to explain the reason for the variance request. Mr. Clark stated they purchased the property in 1991, demolished the house in 2003 and built a new house with the thought in mind of residing in Fair Haven permanently in the future. They are now living in Fair Haven full time and a garage is needed for storage. With the leach field no longer needed, it is the prime spot for the proposed 27’ x 32’ garage. They plan to build the garage close to the height of the house for esthetics and the existing driveway will still be utilized. The Clarks are seeking a 14 foot front variance from the West Bay Road right-of-way which would place the proposed garage 24 feet from the actual pavement. • Neighbors Bill McVea and Mark McVea were in favor of the garage. Mark McVea raised the question regarding winter plowing and if there was enough space for the snowplow to through the snow without hitting the garage in the winter months. The consensus was there was plenty of room. • On a motion Dave Guynn and a second by Sharon Basile, a 14-foot front variance was granted to build the garage. All aye, motion carried. Later during this meeting it was realized the garage dimensions were not clarified. Therefore, on a motion by Dave Guynn and a second by Sharon Basile, a 14-foot front variance was granted to build a 27’ x 32’ garage. All aye, motion carried. COMMUNICATIONS: • Copies of the resolution format were reviewed by the board. MINUTES: • The July 27th hearing/meeting minutes were approved on a motion by Paul Fallon and seconded by Susan Stanistreet. All aye, motion carried. NEW BUSINESS: • Susan Stanistreet stated she had been approached by neighbors regarding Jim and Sharon Basile’s house under construction at 14707 Lake Street. She referred to the minutes of the June 3, 2014 ZBA hearing regarding the variance granted for the garage as she believed the minutes stated front and side variances were granted to build an attached garage onto the existing house. A statement made by the neighbor indicated that they felt the rear of the house (water side), is also less than the required 30 feet from the property line and thus the house is being built out of compliance with the variance granted in 2014. ---PAGE BREAK--- 2 • Chairman Drogi had filed a Freedom of Information Law (FOIL) request for copies of documents from the 14707 Lake St. file regarding the garage variances granted on 6/3/2014 for clarification that the steps to reach that decision were done correctly. Chairman Drogi noted he had spoken to Zoning Officer Stan who stated that the Basile’s house located at 14707 Lake St. with the attached garage was in compliance with Village zoning as far as setbacks and size and had therefore issued the proper building permits. • This conversation led to the fact that the present zoning was out of date and in need of revision because there were statements, if taken out of context, within the zoning that were contradictory. Zoning section 150-10 in particular relating to exceptions to minimum lot sizes and widths requires interpretation and the Board of Trustees should be approached regarding this. • Mayor Basile responded that the variance for the garage was granted and the plans for the new house approved before he became Mayor. He went on to explain his original plan to raise the existing house was realized later to not be a feasible option and concluded to build a new house with the approved attached garage. • Chairman Drogi stated he was simply using the Basile’s garage variance granted on 6/3/2014 as an example of why the ZBA needs to be very specific when granting a variance by spelling out the exact size and location of the variance along with the dimensions of the proposed construction. • Chairman Drogi had a few concerns regarding ethics. He wanted to clarify that two ZBA members can meet to discuss a pending variance. Any more than two members meeting to discuss a pending case constitutes a meeting and therefore would be an illegal meeting if it is not advertised as such. Chairman Drogi contacted representatives with the Department of State and NYCOM regarding the appointment of Sharon Basile as a full-time member of the Zoning Board of Appeals by her husband Mayor James Basile. There were two other applicants to the ZBA at that time and one applicant from the year before. Chairman Drogi is concerned that the Mayor could influence his wife Sharon regarding a ZBA decision. He believes if a case was disputed and transcripts reviewed with comments made by the Mayor, the decision could be reversed. Chairman Drogi was informed by NYCOM that the Mayor never takes his hat off even though he has a voice as a resident. • Deputy Mayor Krehling stated he wished to clarify that he and Mayor Basile attend the ZBA hearings as they are truly interested in the decisions that are made and the manner in which they arrive at these decisions. • The next ZBA hearing will be September 28th at 7:00 p.m. as there is already an application in progress. UNFINISHED BUSINESS: • The signs advertising the properties requesting variances have come in and one was placed in the Clark’s yard. • Susan Stanistreet took training classes on line and received 2.5 hours. She stated she prefers to attend classes such as the one offered by Onondaga Planning Federation. ADJOURNMENT: The meeting was adjourned at 8:25 p.m. on a motion by Susan Stanistreet and seconded by Chairman Drogi. All aye, motion carried. Approved minutes respectfully submitted, Terri M. DiGregorio Clerk-Treasurer, CMFO, RMC, CMC