Hanover ZBA denies 9-foot fence

HANOVER – The Hanover Zoning Board of Appeals had three public hearings scheduled for its recent meeting, but the board only acted on one of the matters.

The board received an application for a variance for a 9-foot-tall fence when the town law only allows for a 6-foot fence.

ZBA Chair Kevin Waterman explained the individual who resides on Bennett State Road was cited for the too-tall fence and was taken to court. Court proceedings were put on hold for the ZBA to make its decision whether to grant the variance.

In correspondence to the board the applicant explained the need for a taller fence because the neighbors could see into his bedroom.

“When we look at variances it is because of the land – this isn’t that case. It isn’t a case of the neighbor’s house being on a hill or something,” Waterman explained.

He said he believes 3 feet over the allowed height is a lot considering the problem could be solved with blinds or curtains.

ZBA Member Annette Logan agreed, “It’s a no brainer to put up blinds.”

ZBA Member Dana Bennett said he understands the neighbor’s house is set behind this house and the porch is raised and although it would not be a big deal to grant it, the board must go by the book.

Waterman added the neighbors’ looking into the house is a legal matter, not a zoning issue.

The three members of the board present voted unanimously to deny the application.

A representative from the Hanover Rod and Gun Club attended the meeting and said the club intends to withdraw its application for a skeet range at the property on Overheiser Road until it can get a survey and will reapply in the future. Waterman said a new public hearing and State Environ-mental Quality Review will be required with a future application. The board accepted the withdrawal of the application.

Also in attendance was Jim Lisa, the owner of property on Route 20, where possible buyers requested a use variance to build a diesel engine repair shop, a commercial use in an agriculture/residential zoned area. Waterman explained because the area is a Department of Conservation wetland, several things will be required including a SEQR, a stormwater plan, a wetland development plan and a site plan.

Lisa said because of the hassle involved with the DEC, the buyers may no longer be interested. At his request the ZBA tabled the matter until the next meeting on March 19 at 8 p.m.