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1 Village of Fair Haven Zoning Board of Appeals September 28, 2017 The hearing began at 7:00 p.m. Zoning Board of Appeals members present were Chairman Christopher Drogi, Susan Stanistreet, Dave Guynn, Paul Fallon and Sharon Basile. Also, present Clerk-Treasurer Terri DiGregorio, Mayor James Basile, Deputy Mayor Walter Krehling, George Hanford, Melana Perkins, Bob Perkins, Nick Perkins, Sandra Stojkovski, Ted Stojkovski, Essig, John Pascal, Catherine Byers, Ian MacArthur and Larry Cosser. HEARING: Three variance requests were advertised in the local newspaper. However, one of the applicants cancelled their request resulting in two variance requests. The first being by Catherine Byers and Ted Stojkovski for an area variance for relief from provisions of Village Code §62-6 Waterfront Fencing to construct a fence between their properties located at 14832 South Hadcock Dr. tax map #8.11-1-21 and 14830 South Hadcock Dr. tax map #8.11-1-22. • Chairman Drogi pointed out that two people can’t apply for a building permit for a fence as the fence has to be placed 6” from the property line on a particular property. The variance request can only be in one name also. Therefor the entire application was revised to show the applicant is Ted Stojkovski for 14830 South Hadcock Drive tax map #8.11-1-22. • On a motion by Susan Stanistreet and a second by Dave Guynn the SEQR was accepted as an unlisted action. All aye, motion carried. • Ted Stojkovski explained why they are requesting a 9’ high privacy fence. Professional trimmers can no longer maintain the present privacy hedge that separates Mr. Stojkovski’s property from Ms. Byers property. The hedge row needs to be removed as it has become overgrown and unhealthy according to both neighboring property owners. The above- mentioned privacy fence will designate a separation between the two property owner’s picnicking areas. Without the proposed fence, when the hedge is removed, both properties will appear as one with no privacy and extremely awkward. • Chairman Drogi read the five criteria the ZBA must consider when granting a variance. Mr. Stojkovski addressed these criteria. • Chris Essig, speaking on behalf of her parents and power of attorney, Fred and Dorothy Dietz who reside and own the property just north of Ms. Byers, stated she has known the property for many years. The hedge row has been there for many years and believes a fence would look much nicer. • Dave Guynn noted the length of the fence was not listed in the application. Ted responded the fence would be 41 feet long, 9 feet tall and 4 feet back from the water’s edge. • Due to the size of the fence requested, as he is asking for a 31-foot variance from the rear when in fact there is an alternative, the variance for placement of the fence was denied on a motion by Paul Fallon and seconded by Susan Stanistreet. All aye motion carried. The second request is by John E. Pascal for an area variance for relief from provisions of Zoning §150-9 to place a shed on their property located at 14547 Cayuga St. tax map #9.17-1-42. • Chairman Drogi realized that not only is Mr. Pascal seeking a side variance, but will also need a variance as accessory building can’t be located closer to the street than the street wall of the principal building. He will also need a variance for the size of the shed as the minimum size for a shed cannot exceed 120 square feet. He is requesting a 144-square foot shed. ---PAGE BREAK--- 2 • John Pascal explained he had just purchased the property on Cayuga Street after moving from Skaneateles. He purchased the shed and had it placed on his property without a permit because he was told he did not need a permit for a 144-square foot shed by the Town of Sterling. He did not realize at the time he had called the wrong municipality as he knew he had a Sterling address and had recently talked to the Town of Sterling office regarding the STAR program. • Many suggestions were made by the Board and the spectators as to where the shed could possibly be moved to. No decision was reached. • On a motion by Sharon Basile and seconded by Paul Fallon, the hearing was adjourned to October 26th at 7:00 p.m. MINUTES: The Board considered the August 24th minutes and would like a paragraph revised. The revisions will be submitted at the next meeting; therefore, the minutes were not approved. COMMUNICATIONS: • The August 24th resolution was signed by Chairman Drogi. • New copies of the 09/01/2017 Village Code were distributed to the Board members. ADJOURNMENT: The meeting was adjourned at 8:28 p.m. on a motion by Susan Stanistreet and seconded by Paul Fallon. All aye, motion carried. Approved minutes respectfully submitted. Terri M. DiGregorio Clerk-Treasurer, RMC, CMFO, CMC