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DRAFT Yes [ ] No [X] (2) Can the benefit sought by the applicant be achieved if the variance is not granted? Yes [ ] No [X] (6) Is the request variance substantial? Yes [ ] No [X] (7) Will the variance have an adverse effect on the physical impact or environmental conditions of the neighborhood? Yes [ ] No [X] (8) Is the alleged difficulty self-created? Yes [X] No [ ] Six months to get a permit and then the applicant is good to go. Chairman Ms. Rood: Petition #658 Nick and Amber Chuba, 7300 Boston State Road, Boston, NY request a use variance for a use variance per the Town of Boston, code 123-25 B3A for a detached In-lay apartment in violation of C1 zoning and an area variance per Town of Boston, code 123-136 B4 for a detached accessory building in maximum square footage and height allowed per lot size. Chairman Ms. Rood: A motion was made to open the public hearing. It was seconded by Ms. Zylinski. Vote Taken: Ms. Zylinski Yes [X] No [ ] Mr. Ballard Yes [X] No [ ] Mr. May Yes [X] No [ ] Ms. Pryor Yes [X] No [ ] Chairman Ms. Rood Yes [X] No [ ] Chairman Ms. Rood: Read a letter from Amber & Nicholas Chuba. I am writing to formally request a variance in enforcement standards for improvements to my residential property located at 7300 Boston State Road. The purpose of this request is to rebuild and expand my existing detached garage. Currently measures 20ft x 20ft into a new structure measuring 26ft x 32ft. The current garage is still usable, is significantly deteriorating and in need of replacement. As part of this project, I am proposing to include a family living space above the garage to serve as an in-law suite. This space is intended strictly for family use primarily to provide housing for my mother, as she ages and requires close support. Additionally, it may serve as temporary housing for my brother who is currently serving in the military. When he is home or on leave if he returns to the area in the future. Should these family members no longer require living space in the future, the area would remain for personal family and would be converted into recreational area for our young children. It will be made without any impact on neighboring properties as it involves structure without encroaching further on property lines. I ‘ve communicated with people nearby and at this time there have been no objections to the proposed project. The new structure will be built with all current building codes and standards improving both safely and overall appearances of the property. It will positively contribute to the value of my property as well as surrounding property. Given the rising cost of housing and the recent increases in my mother’s living expenses, this proposal represents the most practical and responsible solution for supporting my family. Maintaining relation as much as possible. I respectfully request you consideration on this variance application. Please feel free to contact me if additional information or documentation is needed. Thank you for your time and consideration. Nicholas and Amber Chuba. Code Enforcement Officer Mr. Vanderdoes sent a letter. Your permit application for a new detached garage and accessory apartment is denied for the following reasons: Your property is zoned C1 local retail business. Your residence was built in 1946 is considered pre-existing, non-conforming, and is legal. However, an accessory apartment would not be allowed under the current C1 zoning. This is allowed under R2, residential zoning with a stipulation. The special use permit is approved by the Town Board based on a positive