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Zoning board denies garage setback variances at Old Hickory Lane, cites wetlands buffer and insufficient hardship

Town of Sherman Zoning Board of Appeals · April 7, 2026
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Summary

Sherman’s ZBA voted 5–0 on April 7 to deny variances requested by Scott Guinta to reduce front and side setbacks for a two-car garage at 4 Old Hickory Lane, saying the application did not prove the unique hardship required by zoning rules.

The Zoning Board of Appeals opened public hearing Case 777 for 4 Old Hickory Lane on April 7. Applicant Scott Guinta requested variances to reduce the front setback from 50 feet to 40.3 feet and the side setback from 25 feet to 13 feet to construct a 26-foot by 24-foot garage with attic storage.

Administrative Clerk Christine Branson told the board the file contained building specifications, a two-page hardship letter, twelve photos of existing conditions and a certified survey. Mr. Guinta said his property was built in 2011 and is constrained by nearby wetlands and a 100-foot buffer that limits buildable area; he said he has an existing one-car garage but needs space for additional vehicles. He acknowledged he had not sought wetlands approval prior to submitting the ZBA application.

During deliberations members said they had difficulty identifying the unique hardship threshold required to permit the requested variances and suggested portions of the lot might be used to meet setbacks without variances. J. Bonner moved to approve the variances; the motion, seconded by R. Devine, failed 0–5 and the requested reductions were denied.

The denial means the applicant may revise plans to avoid variances, pursue wetlands approval and a new application, or consider other compliance options. The board then moved to the next agenda item.