Town of Fenton ZBA denies use variance for oversized storage container at 445 Hunt Hill Road

The Town of Fenton Zoning Board of Appeals on May 19, 2026 voted that applicant Stephen Stephenson did not meet the legal criteria required to grant a use variance for a storage container that exceeds the town’s 10‑by‑20‑foot size limit at 445 Hunt Hill Road in Port Crane.

The board, chaired by Cindy Cook, opened the public hearing at 7:01 p.m. and heard from Stephenson, who said he had not known the town code limited storage containers and that he currently has an 8‑by‑40‑foot unit on the property. “I was not aware of the Town’s Code regarding storage containers until it was brought to my attention,” Stephenson said.

Attorney Richard H. Miller, the ZBA’s counsel, explained that under New York Town Law §267‑b an applicant must demonstrate four elements to obtain a use variance: the property cannot realize a reasonable return for any permitted use (shown by competent financial evidence); the hardship is unique to the property; the hardship was not self‑created; and the proposed variance will not alter the neighborhood’s essential character. “Use variances are typically pretty restrictive and difficult to obtain,” Miller said.

After discussion, the board determined that Stephenson had not shown a reasonable return, that the circumstances were not unique, and that the hardship was self‑created by placing the oversized container on the property; the board found only the character requirement was satisfied. A motion on whether the applicant met the criteria was made and seconded; the roll call reflected the board’s finding that the criteria had not been met, and the application was denied.

The ZBA also completed State Environmental Quality Review Act paperwork. The board assumed lead agency, reviewed the Short Environmental Assessment Form Parts 1–3, and adopted a negative declaration, finding no significant adverse environmental impacts; the EAF noted there may be wetlands near the site, which the board recorded as part of the review.

Board members and staff discussed compliance options with the applicant. Building Inspector Matt Banks said modifying the existing unit — for example, cutting it in half and sealing the ends to create units that fit within the 10‑by‑20 limit — would allow the property owner to seek building permits. Stephenson acknowledged that option and said he would follow up with the building department.

Other business at the meeting included the withdrawal of an area‑variance application by United Refining Holdings and the closing of a previously opened public hearing on that application. The ZBA adjourned at 7:33 p.m.

The ZBA’s denial is based on the record at the May 19 public hearing and the board’s application of the four statutory factors under NY Town Law §267‑b. The applicant may pursue code‑compliant alternatives or reapply if he can present evidence that addresses the statutory criteria.