Fenton ZBA approves 11-foot area variance for carport at 91 Ballyhack Road

The Town of Fenton Zoning Board of Appeals on June 16 approved an 11-foot area variance to allow a 12-by-27-foot carport to be built 24 feet from the front lot line at 91 Ballyhack Road in Port Crane.

Zoning Board of Appeals Chair Cynthia Cook opened the public hearing and read Broome County’s 239-review comments, which note that "the tax map is located partially within the Existing and Preliminary FEMA Special Flood Hazard Areas (SFHAs)," and cautioned that a non-founded carport and its contents could become waterborne during a flood. Chair Cook also read the county’s guidance that the applicant must follow New York State Department of Environmental Conservation erosion and sedimentation controls and Broome County MS4 requirements under Local Law PERM 5 of 2020.

Applicant David Grubham told the board he needs a place to store three trailers and that he did not realize a prior owner sold a portion of the parcel to Broome County for $1, creating a county right-of-way along the property. Grubham said he cannot shift the carport farther back because the proposed location would put the structure about three feet from a creek. He said a professional installer will carry out the work.

The board reviewed the Short Environmental Assessment Form (EAF) Parts 1–3. Building Inspector Matt Banks answered board questions about stormwater, saying runoff from the proposed carport is not expected to present a significant issue. After completing Parts 1 and 2 (questions were answered as "no" or "small impact may occur") the board adopted a Negative Declaration under SEQR in Part 3, concluding the project will not result in significant adverse environmental impacts.

With the board acting as SEQR Lead Agency, member Dee Tauber moved to approve the 11-foot area variance to allow the 24-foot setback where Town of Fenton Code §150-10 requires 35 feet; Steve Miller seconded. The motion carried by roll call: Cynthia Cook — aye; Steve Miller — aye; Dee Tauber — aye; Charlene Daniels and Mike Lidell — absent. The decision on the variance is dated June 29, 2026.

The board’s approval comes with the record of Broome County’s notice about floodplain and MS4 requirements; the county recommended the applicant take steps to avoid placing the carport and septic in flood-prone areas and to implement erosion and sedimentation controls during construction. The ZBA record shows the applicant acknowledged those constraints and the location of the septic system.

The public hearing was closed at 7:21 p.m. The ZBA did not record any conditions or special engineering requirements beyond the environmental review and the county’s advisories in the meeting minutes.