Full Text
1 Village of Fair Haven Zoning Board of Appeals Meeting September 21, 2015 The meeting began at 7:00 p.m. ZBA members present Dick Fernquist, Christopher Drogi, Susan Stanistreet and Jimmy Kawar. Also present Clerk-Treasurer Terri DiGregorio, Mayor William McVea, Randy Case and Carroll Grant. Chairman Fernquist stated the purpose of the meeting is to decide if the ZBA members would consider rehearing the request by Carroll Grant and Randy Case for a variance to build a porch on site #28. Chairman Fernquist requested Clerk DiGregorio read the minutes from the August 20, 2015 hearing. Clerk DiGregorio read the following: Carroll Grant requests an area variance for relief from provisions of Zoning Article IV Dimensional Requirements §150.9 to reduce set back restrictions to build a porch on site #28 at Grants Vacation Park 14831 Lake St. Ext. tax map #9.05-1-16.11. A letter of was received from Martin Boor, neighbor to the east of the property. He stated he had safety concerns regarding the proposed porch at site #28 as he believes it is too close to the break wall at the water’s edge. Carroll Grant informed the Board there is a letter from Dr. Tessoriero in her file at the village office sent several years ago stating he is in favor of any upgrades due to the nature of how the RV Park was managed. She stated she will find her copy and send it to the village office. Ms. Grant explained the RV and proposed porch are both temporary structures and questioned if they should be compared to a shed which needs a 10’ set back or the standard 35’ set back for a structure. She stated the RV park has on file general permission to build unattached porches for the RV’s 10’ wide and as long as the trailer after obtaining a building permit for each one. This is quoted in December 9, 2013 minutes. On May 21, 2015 permission was given to build a porch at site #4B however the owner of the trailer decided to move to a newly opened site which is now known as site #28. Carroll stated she notified Zoning Officer of the move and was told the same building permit could be used. She also reminded the Board the location of the units on sites #27 and #28 have been validated twice by the Planning Board. The corner of the proposed porch is 4’2” from the break wall, 12’ from the Boor’s boundary line, 11’ from the south boundary line and 17’ from the water at the north end of the porch which is where the door will be. Randy Case stressed there will be no other means of egress from the porch other than that door. A fence could be built between the Boor property and this section of the park to ease Mr. Boor’s safety concerns if need be. Carroll also mentioned this property used to house a hotel on the water’s edge many years ago and has been long since torn down. Chris Drogi informed everyone he would abstain from comment and from voting due to personal and professional reasons. Susan Stanistreet stressed her concerns for that whole area related to the congestion of the trailers and the new house on the corner of Lake St. Ext. and 10th St. She regrets Carroll Grant and Randy Case did not respond to the letter sent by the village office informing them of the request for a variance to build the house at 14803 Lake St. Ext. Ms. Grant clarified the fact that a Special Permit had been issued in December 2014 granting permission to open the 2 sites at the south end of the park. Dave Guynn expressed a concern for safety regarding the closeness of the proposed porch to the break wall. He alluded to a falling hazard that could cause a future possible law suit against the Village of Fair Haven if the ZBA granted the variance for 4’6”. ---PAGE BREAK--- 2 Carroll suggested a railing could be installed along the break wall near the proposed porch for safety concerns. There is 42’6” between sites #27 and #28 consisting of green space and a driveway. Responding to Susan’s question to reduce the size of the porch, Randy stated the RV could be moved 8’ north towards the driveway. If this was done the south corner of the proposed porch would be 7’8” from the break wall instead of 4’2”. It was suggested to move the RV back to the east from the water another 2’ but Carroll and Randy did not want to further encroach toward Mr. Boor’s property line because the RV has tip outs. Randy stated he can move the electric lines to accommodate moving the RV to the north. Mayor William McVea had inspected the area in question and observed a slope toward the water making the 4’2” area even more hazardous. Moving the RV 8’ would make a huge difference. Deputy Mayor Walter Krehling commented Grants Vacation Park is a very nice park. He knows Carroll Grant and Randy Case will continue to run a nice park no matter the decision. On a motion by Jimmy Kawar and a second by Susan Stanistreet the RV trailer presently located on site #28 will be moved 8’ north toward the present driveway resulting in a 7’8” setback from the south corner of the proposed porch to the break wall at the edge of the water and it was determined a railing is not needed. Voting resolution: Christopher Drogi abstained, Susan Stanistreet aye, Jimmy Kawar aye and Dave Guynn aye. Motion carried. Chairman Fernquist read the meeting transcripts regarding the decision made at the hearing: Jimmy: I vote we give them the variance Chris: as they requested or as you are stating Jimmy: they talked about moving it 7 feet? All: 8 feet to the north Jimmy: I think if they would be willing to do that I would approve it Chris: so we would be giving them 7.8 feet from the water’s edge to the edge of your porch. Is that a fair statement? that’s right Chris: any concerns about a railing or not? Jimmy: not really Chris: so can you put that in proper writing? Terri: I can Chris: so would you read it back for Jimmy Terri: He’s motioning to grant the variance to move the RV and the porch 8 feet north correct? Jimmy: correct Terri: and that’s going to give them 7 feet 8 inches on that corner Jimmy: Right Terri: Is that right Chris: is there a second to that? Walt: No railing right? All: no railing Susan: I’ll second that motion John Zepko with the Cayuga County Planning Board was contacted regarding the issue of rehearing a variance request and responded with the following email: I have reviewed the minutes and the resolution from the V. of Fairhaven ZBA. It is my opinion that if all have agreed to the accuracy of both the minutes and the resolution, the only mechanism remaining is for the ZBA to conduct a rehearing. NY State Village Law § 7-712-a (12) provides for this. I have pasted the relevant section, in quotes, below. ---PAGE BREAK--- 3 ” 12. Rehearing. A motion for the zoning board of appeals to hold a rehearing to review any order, decision or determination of the board not previously reheard may be made by any member of the board. A unanimous vote of all members of the board then present is required for such rehearing to occur. Such rehearing is subject to the same notice provisions as an original hearing. Upon such rehearing the board may reverse, modify or annul its original order, decision or determination upon the unanimous vote of all members then present, provided the board finds that the rights vested in persons acting in good faith in reliance upon the reheard order, decision or determination will not be prejudiced thereby “ In a nutshell, a motion must be made to rehear the appeal, and must be carried by a unanimous vote of all members present. The rehearing must be re-noticed according to State and Local statues. The board may then reverse, modify or annul its original decision upon the unanimous vote of all members present. On a side note, in reading the resolution, it appears odd that the board still granted a variance given that the Board found that the requested variance will produce and undesirable change in the character of the neighborhood, there was an alternative method available for the applicant to achieve the benefit they sought, the variance sought is substantial, the proposed variance will have an adverse effect or impact on the environment, and that the alleged difficulty was self created. Given those findings it appears that the variance should have been denied rather than approved. If this application is reheard, the Board should carefully articulate the reasons for their decision based on the area variance criteria. Carroll Grant stated she understood from Mr. Zepko, after a conversation earlier today, that if the minutes and decision have not been signed they could be revisited for changes. She went on to explain after the variance was granted for the porch they felt they could work with the decision. The people who owned the RV on site #28 decided to exchange the current RV for another that they liked better since the porch was approved. Chairman Fernquist explained presently the variance granted still stands. If the ZBA decides to rehear this case the Grants run the risk of losing the present variance. Carroll Grant and Randy Case then stated they do not want the request reheard and they will comply with the current variance. MINUTES: The minutes from the September 3rd hearing were approved on a motion by Chairman Fernquist and seconded by Susan Stanistreet. All aye, motion carried. ADJOURNMENT: The meeting was adjourned at 7:22 p.m. on a motion by Chris Drogi and seconded by Susan Stanistreet. All aye, motion carried. Unapproved minutes respectfully submitted. Terri M. DiGregorio Clerk-Treasurer