CALL TO ORDER at 7:05 PM by Donald Smith, Chairman.
ATTENDANCE and PLEDGE
Absent: David Magos and Thelma Schneider
ANNOUNCEMENT
All matters heard by this Zoning Board of Appeals are in the form of a public hearing. Everyone desiring to be heard will be heard. Before speaking, you are asked to state clearly your name and address. There are two types of matters that come before this Board. They are Variances and Interpretations. The application will be denied unless the applicant has proven his case.
Town Board Resolution adopted September 10, 1992 ..... NOW, THEREFORE, BE IT RESOLVED, that the Town of Henderson hereby agrees that the following actions shall be considered to be of a local rather than of inter-community or county-wide concern and shall therefore be exempt from referral to the County Planning Board pursuant to General Municipal Law, Section 239m: All area variance for lot size or lot width, if the required lot line setbacks can still be maintained; All single and two-family residential set-back variances (including those for
Mobil homes, modular homes) unless the requested setback is adjacent to either a State or County property line, exclusive of State or County highways; All front, rear, and side lot line set back variances for accessory structures (i.e. garages, sheds, decks, etc.) unless the requested setback is adjacent to either a State or County property line, exclusive of State or County highways; All use variances for single and two-family residences; All use variances for home occupations.
All plans comply with Section 7209 of the Education Law
HEARING #1:
Request of Michael and Maureen Wash, represented by Mrs. Wash
Located at 11404 Quarry Road
On Parcel #97.15-2-76.4105.00-1-20.4
Zoned AR-40
Which borders properties owned by Schoenagel Families, Cynthia Connors and Frank & Roxsella Williams
For a Variance to install a 10 foot privacy fence along the property line.
Discussion: Mrs. Walsh stated she would like the fence as both for privacy and a sound barrier. Said she would
eventually be putting in trees, but didn’t feel they would help with the sound. She stated they had
purchased this property for peace and quiet, and they are simply trying to protect themselves.
The Board discussed with her the possibility of allowing an eight foot fence rather than a 10 foot fence. They
felt that once the trees were planted, they would become a good fence. They felt that a 10 foot fence, being
viewed from NYS Route 3 would be quite obtrusive.
Public Comments: None
SEQR by Carol Hall, second by Ray Walker, declares the proposed action to be a TYPE II action under Article
Eight of the NYS Environment Conservation Law, which determines there is no significant impact on the
environment and no further review is necessary with all present in favor.
Voting Yes: Don Smith, Ray Walker, Carol Hall
Close public hearing by Don Smith, second by Carol Hall
Voting Yes: Don Smith, Ray Walker, Carol Hall
The Area Variance Checklist was completed as follows
1. Essential Character of Neighborhood: Will an undesirable change be produced in the character of the
neighborhood, or will a detriment to nearby properties be created by the granting of the area variance?
All agreed that a 10 foot fence might be detrimental, but an 8 foot fence would be more acceptable.
2. Reasonable Alternatives: Does the Applicant have reasonable alternatives other than the requested area
variance?
Again all agreed that an 8 foot fence or just trees would be essential
3. Degrees of Variance: How great or substantial is the requested area variance?
All agreed that this was a minimal request by the home owner.
4. Physical or Environmental Conditions: Will the proposed area variance have an adverse effect or impact
on the physical or environmental conditions in the neighborhood or district?
All agreed that the variance will not have an adverse effect or impact on the neighborhood.
5. Self Created: Was the alleged difficulty self created? (Does not preclude granting the variance)
All agreed that it was a self created difficulty
6. Overall Determination of the ZBA: that the benefit by granting the variance to the Applicant does or
does not result in detriment to the health, safety and welfare of the Town and the neighborhood.
All agreed that this request would not cause a detriment to the health, safety and/or welfare of the Town or
the neighborhood.
FINAL DETERMINATION
Motion by Carol Hall, second by Ray Walker, to grant the Area Variance for an 8 foot high, natural colored wood
fence, 3 feet from the property line, with the good side facing the neighboring property, and setbacks as required
by the Town of Henderson Zoning Laws.
Roll Call Voting Yes: Don Smith, Ray Walker, Carol Hall
ADOPTION OF PREVIOUS MINUTES
Motion by Ray Walker, second by Carol Hall, accepts the August 16, 2006 minutes.
Voting Yes: Don Smith, Ray Walker, Thelma Schneider
ADJOURNMENT
Motion by Carol Hall, second by Ray Walker, adjourns the meeting at 7:45P.M.
Voting: Don Smith, Ray Walker, Carol Hall
Respectfully Submitted
Charlotte R. Richmond, ZBA Clerk
