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Fenton Zoning Board grants 18-foot setback variance for 10-by-10 shed at 27 Albany Street
Summary
The Town of Fenton Zoning Board of Appeals on June 16, 2026 approved an 18-foot area variance to allow a 10-by-10-foot shed at 27 Albany Street (Port Crane) for United Refining Holdings, conditioned on Planning Board site-plan approval; the board issued a SEQRA Negative Declaration and the vote was 3-0 (two members absent).
The Town of Fenton Zoning Board of Appeals voted June 16, 2026 to grant an 18-foot area variance so a 10-foot by 10-foot shed can remain at 27 Albany Street in Port Crane, allowing United Refining Holdings to keep the structure 17 feet from the front lot line instead of the 35 feet required by Town of Fenton Code Section 150-10. The approval is contingent on the Planning Board’s site-plan approval.
The applicant, Paul Miller, told the board he installed the shed to store outdoor maintenance equipment and supplies — “rakes, [a] leaf blower, and brooms; also, cones, [a] bag of salt, and excess files of boxes containing paperwork” — to free space inside the business. Town attorney Richard H. Miller III asked whether the shed would contain electrical wiring or flammable tanks; Miller replied, “No. There will be no electricity, lighting, or tanks in the shed.” Miller also provided photos showing the shed, which the board noted had been moved from an earlier location that would have required three variances.
Board members completed the State Environmental Quality Review Act process by reviewing Short Environmental Assessment Form Parts 1–3 and determined the project would not result in significant adverse environmental impacts; the board adopted a Negative Declaration. A Broome County 239 review was received June 15, 2026 with no major issues noted.
ZBA member Steve Miller moved that the board assume lead-agency status for SEQRA review and later moved to grant the area variance; Dee Taubar seconded both motions. The final votes on the variance were 3–0 in favor (Cynthia Cook, Steve Miller and Dee Taubar), with Charlene Daniels and Mike Lidell recorded as absent. The board recorded the approval with the condition that the Planning Board approve the site plan before the variance is effective. The meeting adjourned at 7:44 p.m.
The ZBA’s written decision (docketed June 30, 2026) restates the grant of an 18-foot setback variance for a 10' x 10' shed at 27 Albany Street and lists the members voting in favor. The case record includes the applicant’s EAF Parts 1–3, the county 239 review return, photos provided by the applicant, and the board’s motion minutes.
Next steps: the applicant must secure Planning Board site-plan approval to satisfy the condition attached to the variance.
