Town of New Hartford Zoning Board of Appeals June 27, 2016 Page 2

At this time, the Board Members reviewed the criteria for an Area Variance:

- • undesirable change will be produced in the character of the neighborhood or a detriment to • undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by granting the variance – response: no, all in agreement;
- • benefit sought by the applicant can be achieved by some method, feasible for the applicant to • benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than a variance – response: no, all in agreement;
- • requested variance is substantial – response: no, all in agreement; • requested variance is substantial – response: no, all in agreement;
- • proposed variance will have an adverse effect or impact on the physical or environmental • proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district – response: no, all in agreement;
- • alleged difficulty was self-created, which consideration shall be relevant to the decision, but • alleged difficulty was self-created, which consideration shall be relevant to the decision, but shall not necessarily preclude granting the variance – no, all in agreement.

Motion was made by Board Member John Montrose to approve the application as presented; a Building Permit be obtained within one year of approval date; seconded by Board Member Karen Stanislaus. Vote taken:

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

Motion was approved by a vote of 6 – 0.

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The application of Mr. Maurizio Salamone, 244 Sylvan Way, New Hartford, New York who would like to extend a 6’ fence 12 feet into his front yard. Zoning in this area is Low Density Residential, which prohibits the installation of a fence in a front yard. Therefore, Mr. Salamone is requesting a front yard Area Variance of 12’. Tax Map #340.005-1-62; Lot Size: 281’ x 136’ (corner lot); Zoning: Low Density Residential. Mr. Salamone appeared before the Board.

Mr. Salamone stated that the main reason for this fence extension is to provide a safe area for his future children. This area can be easily seen from the house and it is the only area that is level.

Board Member Tesak asked if this could be accomplished any other way and can the request be reduced. Mr. Salamone said no, this is the only place and it cannot be reduced – it would be too small. Higby Road is a busy road – safety is his first priority.

Chairman Bogar asked if he could take down the fence on the Higby Road side – no. The fence will come from the right corner out and around – like an enclosed area. This will be a white vinyl fence. Mr. Salamone owns the land to the side also.

Board Member Elias referred to the existing pool. Also, he is always concerned with fences on corners because of site situations. He asked Mr. Salamone if he could work with a different setup. Mr. Salamone said no as it would be too small. He plans on putting in shrubs all around the fence.

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