Town of New Hartford Zoning Board of Appeals June 27, 2016 Page 9

- • cannot realize a reasonable return, provided that lack of return is substantial as • cannot realize a reasonable return, provided that lack of return is substantial as demonstrated by competent financial evidence – response: application doesn’t meet this;
- • alleged hardship relating to the property in question is unique, and does not apply to a • alleged hardship relating to the property in question is unique, and does not apply to a substantial portion of the district or neighborhood – response: no, all in agreement;
- • requested variance, if granted, will not alter the essential character of the neighborhood – • requested variance, if granted, will not alter the essential character of the neighborhood – response: no, all in agreement;
- • alleged hardship has not been self-created – response: no, all in agreement. • alleged hardship has not been self-created – response: no, all in agreement.

Motion was made by Board Member Byron Elias to deny the application without prejudice in the event in the event it should be found that the law is not written in accordance with the Zoning Ordinance for a Use Variance; seconded by Board Member Lenora Murad. Vote taken:

Chairman Randy Bogar – aye Board Member Byron Elias – aye Board Member Lenora Murad – aye Board Member John Montrose – aye Bards Member Taras Tesak – aye Board Member Karen Stanislaus – aye

Motion carried by a vote of 6 – 0. Note: Board Member Tesak voted aye because it is what the law states now.

Mr. Clingerman asked Codes Officer Booth, what if they apply for a 10 kw install and was approved – then can they seek another 10 kw. Mr. Booth will look into this.

**** The application of Mr. Mark French of Apex Solar for Ms. Joanne French, 9496 Weston Road, New Hartford, New York. Solar systems up to 10 kw are permitted. The applicant is seeking a Use Variance to install a 10.4 kw system, which is a non-permitted use. Therefore, the applicant is seeking a Use Variance to install a 10.4 kw system. Tax Map #340.000-1-28; Lot Size: 150’ x 110’; Zoning: Residential/Agricultural. Mr. Mark French, Ms. Joanne French (applicant), Mr. Nick Clingerman, and Mr. Lance Durham (representing Apex Solar) appeared before the Board. Board Member Byron Elias said Ms. French is his neighbor but can act fairly on this application. He offered to recuse himself but the Board Members agreed he could act responsibly.

Ms. French wanted to know the difference between a 10 kw and 10.4 kw system. She doesn’t feel there is much difference. She bought the house 26 years ago with electric heat – it is very expensive. She lives alone. Half of the house is turned off because he bills are high – he house is only 1400 square feet. She knows it is a big investment – approximately $30,000 but she related it to owning a new car cost wise.

Board Member Elias explained the criteria for a Use Variance. He recommended Ms. French pulling her application and then come back if there is a change in our Code.

Board Member Tesak asked if anyone can add to an existing system – answer is yes.

It was stated that when the Master Plan was drawn up it clearly states the goal for the Town for solar.

Chairman Bogar asked if there was anyone present to address this application: