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5. Self-created hardship: Yes. Contractor error; still self-created but not determinative. Motioned by Stachowski, seconded by Bedient to approve garage height. Ayes: 4 Noes: 1 Application 2026-019 — 184 Manhasset Street — Allow Chickens in R-50 Zoning (USE Variance) • Applicant: Kylie Hussey, owner • Request: Use variance to keep chickens; homeschooling educational project (animal care, food systems, gardening, sustainable living) • Neighbor outreach entered into record: 180 Manhasset; 189 Chamberlain; 206 Kirkwood; 253 Kirkwood; 257 Kirkwood; 209 Chamberlain; 219 Kirkwood; 200 Kirkwood; 160 Columbia; one residence declined due to in-home nurse; one non-homeowner declined; 212 rental did not answer; note of a non-resident signature flagged. • Code/legal background: o Code Enforcement (Busse): Prior practice required use variance; code amended in 2025 to allow chickens in certain districts (e.g., R-100A) with criteria; current zoning governs where permitted by right. o Counsel (Trapp): Explained NYS distinction between use and area variances; use variances require strict 4-part test; area variances use 5-factor balancing; legal advice to board; applicants should obtain own counsel. o Board history: Past difficulty applying use test to chickens prompted legislative review; no known lawsuits challenging old approvals; typical 30-day challenge window; prior approvals may remain until chickens no longer on property per town/legal understanding (details not fully confirmed). • Board discussion: Financial documentation typically required for “reasonable return”; counsel suggested considering other criteria first given educational nature; hardship appears not unique to property; restrictions apply broadly across neighborhood; mention of Erie BOCES chickens nearby. USE Variance Balancing Test (four required elements) 1. Reasonable return: Property can realize reasonable return as a single-family residence; applicant’s non-commercial intent does not meet financial hardship standard. 2. Hardship unique to property: Not unique; limitations on chickens apply broadly to the zoning district; personal homeschooling needs are not property-based hardship. 3. No alteration of neighborhood character: While current impact may be minimal, potential alteration noted; still must meet all four criteria. 4. Hardship not self-created: Hardship is self-created by desire to maintain a non-permitted use. Motioned by Lang, seconded by Tronolone to deny chickens in R-50 zoning. Page 8 of 54