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1 Village of Fair Haven Zoning Board of Appeals Hearing June 28, 2016 The hearing began at 7:00 p.m. ZBA members present Acting Chair Susan Stanistreet, Dave Guynn, Jimmy Kawar and Paul Fallon. Christopher Drogi was excused. Also present Clerk- Treasurer Terri DiGregorio, Deputy Mayor Walter Krehling, Jim Hadcock, Michelle Hadcock, Joy Ann Amering and Bill Amering. Notice is hereby given that the Zoning Board of Appeals of the Village of Fair Haven will hold a public hearing on June 28, 2016 7:00 p.m. at the Village Hall 14523 Cayuga Street Fair Haven NY to hear the request of James Hadcock for an area variance for relief from provisions of Zoning Article 150-9 to construct a lean-to on an existing garage at 14759 Poplar St. tax map #9.09-1-52. Mr. Hadcock is looking for a side variance of 8’8” near the back corner and a 2’8” near the front corner of the proposed lean-to. Susan Stanistreet read the five criteria the Zoning Board of Appeals must consider when making a decision whether to grant or deny a variance and are as follows: 1. Will the requested variance produce an undesirable change in the character of the neighborhood, or create a detriment to nearby properties 2. Is there another alternative method available for the applicant to pursue to achieve the benefit they sought other than the requested variance 3. Is the requested area variance substantial 4. Will the proposed variance have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district 5. Is the alleged difficulty self-created She also stressed careful consideration must be given before making a decision as variances permanently stay with the property once granted. James and Michelle Hadcock explained the situation and the reason they would like to construct the 30’ x 11’ lean-to. There is not enough room in the present garage to store the pontoon boat without dismantling the top of it. The south side of the garage would be the ideal spot as a great deal of fill would have to be brought in to create a storage area on the north side of the garage. Drawings and pictures were presented. Mr. Hadcock explained the roof would be relatively flat with a slight pitch. If the roof is constructed of metal there will be snow stops as there is a concern regarding the fence designating the property line. Jim also stated asphalt shingles are also an option for the roof. The frame will be constructed with 2’x8’ lumber and may have a cover over the back to prevent snow from blowing in. Jim stated he would listen to any suggestions to be sure the lean-to was aesthetically pleasing to neighbors. There were no letters submitted from neighbors. Bill and Joy Amering, neighbors to the north had previously come to the village office to look at the project and were present at the meeting to voice their concerns. Mr. Amering stated the Hadcock’s existing garage was built 12’4” from the side lot line conforming to village setbacks. He gave a brief history on the storage of the pontoon boat in various areas such as in front of the garage the first year, in garage the second year and now on the north side of garage where the proposed lean-to would be. Mr. and Mrs. Amering own the property north of the Hadcock’s and plan to build a pole barn on the northern portion of the property. On the southern portion they plan to build a modular home where the ---PAGE BREAK--- 2 mobile home is presently located ten feet from the lot line which separates the Hadcock’s and Amering’s. They went on to explain there are decorative trees and bushes on their side of the fence which would be jeopardized by the snow sliding onto their property and knocking down the present fence as the propose lean-to would be 16 inches from the property line. Both the Hadcock’s and Amering’s argued over the fence and the poor condition thereof not sure who actually owns it. Both parties also submitted pictures of the fence in question. Chair Susan Stanistreet along with support from the Board stated the fence is not the issue and must move on regarding the variance for the proposed lean-to. Alternative options for placement of the lean-to were discussed such as on the south side of the garage. Michelle stated that would be an expensive undertaking due to the amount of fill to be brought in. Chair Stanistreet suggested building a narrower lean-to with three sides hiding the boat. The hearing was closed at 7:32 p.m. on a motion by Susan Stanistreet and seconded by Paul Fallon. All aye. Motion carried. Paul Fallon asked to have the five criteria repeated again to assist in make a decision. Alternatives for placement of the boat and construction of the lean-to were discussed once again. The variance request was denied on a motion by Dave Guynn and seconded by Jim Kawar. All aye, motion carried. MINUTES: The May 3, 2016 hearing minutes were approved on a motion by Susan Stanistreet and seconded by Dave Guynn. All aye, motion carried. COMMUNICATIONS: Susan, Dave and Chris had attended the Onondaga Planning Federation Symposium in Syracuse on March 9th and obtained their 4 hours of training for 2016. Jimmy and Paul were reminded to obtain training and were supplied with the upcoming class schedules. NEW BUSINESS: Susan requested an advertisement be placed in the local paper looking for ZBA alternate members. ADJOURNMENT: The meeting was adjourned at 7:55 p.m. on a motion by Susan and seconded by Dave. All aye, motion carried. Unapproved minutes respectfully submitted. Terri M. DiGregorio Clerk-Treasurer