The Elma Town Board voted 3-2 Wednesday in favor of giving Gary Fargo a hardship variance for two lots on Gaylord Court.
Councilmen James Malczewski and Thomas Fallon voted no, saying Fargo’s hardship was self-imposed and did not meet the criteria for a variance.
During discussions over the past several weeks with the Town Board, the Fargo family offered two acres to the town to be used to avert future drainage problems in the area. Those acres are distinct from the lots on Gaylord Court.
The town accepted the offer, and Supervisor Dennis Powers said that would give the town the opportunity to build a retention pond. In addition, one condition of the variance was that the two lots had to form a drainage district. That was done at the Feb. 27 meeting.
The variance request was made because the two lots did not meet town code requirements for frontage.
At the Feb. 27 Town Board meeting, attorneys for the Fargo family wanted both lots pre-approved, but because only a permit for one lot had been paid for, the vote was tabled.
Fargo paid the $5,000 permit fee for the second lot a few days later, officials said.