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Fenton Zoning Board unanimously grants variance for 5-foot fence to screen homeowner’s trash cans
Summary
The Town of Fenton Zoning Board of Appeals voted unanimously Feb. 17 to allow applicant Matt Banks to build an 8-foot-long, 5-foot-tall stained board-and-batten fence at 48 Potter Hill Road in Port Crane, granting a 24-inch height variance above the 36-inch limit in Town Code §150-31 after adopting a SEQR negative declaration.
The Town of Fenton Zoning Board of Appeals voted unanimously Tuesday to grant an area variance allowing applicant Matt Banks to build an 8-foot-long, 5-foot-tall stained board-and-batten fence to screen garbage and recycling bins at 48 Potter Hill Road in Port Crane.
The variance permits 24 additional inches above the 36-inch fence-height limit in Town Code Section 150-31; the board specified the total fence height will not exceed 60 inches. Chair Cynthia Cook made the motion to grant the variance, which was seconded by Mikel Lidell and approved by roll call: Charlene Daniels, Mikel Lidell, Steve Miller, Dee Tauber and Cynthia Cook all voted aye.
Applicant Matt Banks described the practical need for the screening. "My driveway is approximately 900 feet long," Banks said, and told the board the fence would sit roughly six feet back from his lot line and about 11 feet from the road edge. Board members noted the fence would be a single-sided wall and speculated the household garbage cans are at least four feet tall. The board also recorded that a creek runs on Banks's property, a fact noted on the Short Environmental Assessment Form (EAF) Part 1.
The board handled SEQR review during the hearing. Broome County staff returned a 239 review on Jan. 22, 2026, stating they found no significant countywide or inter-community impacts but asked that the SEQR EAF explicitly list surrounding residential uses. After completing EAF Parts 1–3 and agreeing the project would have no large or significant environmental impacts, the board adopted a negative declaration under SEQR by unanimous roll-call vote.
The motion to grant the area variance described the fence as an 8-foot-long by 5-foot-tall stained board-and-batten structure intended to hide garbage and recycling bins from the road. The board noted the relevant code restriction (Town Code §150-31) and the specific variance amount (an additional 24 inches above the allowed 36 inches). The public hearing was closed at 7:19 PM; the board adjourned at 7:20 PM.
Legal counsel Richard H. Miller III and Town Clerk Melodie A. Bowersox were present for the proceeding. No members of the public are recorded as offering testimony objecting to the variance in the hearing minutes.
The board's file will reflect the area variance approval, the SEQR negative declaration and the Broome County 239 review comment; any future enforcement or permitting steps will follow local permitting procedures.
