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two beds. He stated he insulated it and put plywood walls in there, it’s a glorified hunting shed. There is electricity but no kitchen. He stated that they will also use ATV’s on the property. Applicants stated that before purchasing this land we did our research and we asked many people questions about this beforehand. He did state he tried to be transparent. The Applicants further stated that: ➢ The shed with sanitary facilities is constructed on concrete piers with rebar, extending approximately 4 feet below grade, with skirting around the perimeter. ➢ The primary support posts are bolted to the piers. ➢ As a licensed home inspector, the Applicants believed the support system is equivalent in substance to a crawl-space foundation used in many additions, and that the structure is stable and not temporary. Applicants stated that before purchasing this land we did our research and we asked many people questions about this beforehand. He stated he talked to real estate attorneys and even the guy who wrote the codes and even some people who work for the Town, but he didn’t want to name names. He thought everything they did would be ok, or they wouldn’t have done it. We were told Dan is relatively new at his job and is still learning as we go. He has his hands full, things of that nature. The Applicants stated that Dan kept saying refer to the code. When Dan showed up, he stated he was going to deny it anyway, it has nothing to do with him personally but he was just enforcing the code, as stated by the Applicants. Chairman Wilkolaski asked if he was for or against any of the variances? The applicant said he has nothing new, he stated that he doesn’t know code and the very little that he does know he read about it. The Chairman stated that he would be happy to go through and reiterate the ones that were cited. He summarized the Code Enforcement Officer’s denial and cited violations, as included in the record: 1.) Habitable dwelling construction requirements: A habitable dwelling must be constructed on a continuous, fully enclosed foundation extending below the frost line in accordance with the New York State Fire Prevention and Building Code and designed to be insect and vermin protective. The current structures do not meet the Town’s definition of a dwelling nor the required foundation standard. 2.) Accessory buildings as dwelling: Accessory buildings shall not be used or occupied as dwellings; no accessory buildings shall be erected before the main building has been started, and under no circumstances may an accessory building be used for living quarters. This is intended to prevent long- term occupancy of garages, barns, or sheds in lieu of required primary dwellings. 3.) Use of accessory buildings without principal structure: In any district, no private garage or other accessory building shall be erected prior to commencement of the principal building on the lot. The two sheds were installed without a principal dwelling underway. 4.) Frontage requirement: No dwelling shall be erected on any lot which does not have immediate frontage on an existing or platted street or highway or an approved right-of-way, in accordance with Schedule of Area and Bulk Requirements for all districts. The subject parcel lacks qualifying frontage under current Town standards. 5.) General penalty provisions: The violation notice referenced the standard penalty clause (fine up to $250 and/or imprisonment not to exceed 15 days, or both), which is not directly before the Board for variance but included for clarity of the enforcement statute. The Chairman noted that, after review, items 1-4 represent the substantive zoning provisions for which Variances are being sought, and item 5 is the generic enforcement remedy language. The Applicants thanked the Chairmen for explaining. He stated he didn’t know. The Chairman stated he was advised. The Applicant then stated thank you for the reminder. The Applicant stated that they did go 4 feet deep with pillars and is enclosed. The Chairman stated that a habitable dwelling must be constructed on a continuous full enclosed foundation extending below the frost line. The concrete piers wouldn’t count. It must be a legitimate foundation. The Applicant said as he was reading the code he wanted to emphasize that there is no kitchen in either of the accessory buildings. The Applicant believes it’s a legit foundation and it is not going anywhere. He stated he doesn’t know the code in this Town, and he wouldn’t pretend to know it. Property Address The Chairman stated that the Applicants don’t have an official address. Applicants stated that they purchased it from a realtor that provided them with a number. They acknowledged that the property currently does not have a formal postal address in the Town’s system and is identified primarily by its SBL number, although prior to sale and online records from real estate site has the address as 11665. The Chairman stated that Erie County has no known address for the lot. 2