TOWN OF NORTH HARMONY
ZONING BOARD OF APPEALS
WEDNESDAY, 4/23/2014, 7:30 PM

ZONING BOARD PRESENT: Jim Levesque,  Dick Barton, Louise Ortman, Dan Thomas, Helen Emick, Roger Vaillancourt,
Brad Lawson, Zoning CEO
Dave Stapleton, Attorney
Others Present: Earl Seitz, Todd Saracki, Joe Hewson, Gregory Marzek, Mary Marzek, Daniel Swanson, PJ
Rodney Brink, Dawn Brink, Clayton Emick, John Littler, Patricia Littler, Eleanor J. Bruce, Mary Laumer

Mr. Levesque opened the hearing at 7:35 PM. Mr. Stapleton swore in all who expressed intent
to speak.

1. Rod and Dawn Brink requesting a Special Permit to install a 24’ above ground swimming pool at
   property located at 4841 College St., Ashville, Specifically Sec. 384.15-­‐1-­‐45.

   Mr. Brink said they would like to install a 24’ diameter x 52” deep swimming pool in their back yard
   for their use. He said there will be 10 x 14’ deck with a locked gate and the pump will be located as outlined
   on the map provided and is about 40’ from the house. He said it will be professionally installed by Designer
   Pools. There was discussion of the pump location with regard to neighboring homes.

   Mr. Levesque motioned to grant a Special Permit to Rod and Dawn Brink to install a 24’ above
   ground swimming pool at property located at 4841 College St., Ashville, Specifically Sec.
   384.15-1-45, as stated above and outlined in the application. Mrs. Ortman seconded. The
   motion was carried unanimously.

2. Carlton Homes requesting an Area Variance for lot width of 80’ (required 100’) on 3 new parcels to
   be divided from a larger parcel located on Ashville Bay Road, Specifically Sec. 367.14-­‐1-­‐47, which does not comply with Zoning Code Sec. 401.

   Mr. Lawson gave the following background on the application. He said Mr. Saracki brought the final
   site plan to the Planning Board (PB) on 4/8/14. He said the PB had approved the final site plan with some
   conditions which included approval by County Planning and Soil & Water. He said according to the town
   site plan review process, the site plan must be sent on for review to County Planning and Soil & Water. Mr.
   Lawson said he had e-mailed the site plan materials to Don McCord at County Planning on Friday 4/11/14,
   but Mr. McCord did not receive them and subsequently went on vacation. He said Mr. McCord has the
   materials now but has not had time for the review so the condition still exists. He said he had advised Mr.
   Saracki to come to the ZBA and present the case because to not do that would inconvenience the neighbors.
   Mr. Stapleton said he understands the full EAF has been provided to the town but Part I came after the PB
   meeting on 4/8/14.

   Mr. Levesque motioned to take Lead Agency status on the SEQR as outlined above. Mr.
   Thomas seconded and the motion was carried unanimously.

   Mr. Saracki said he had been meeting with the PB for 8 months and providing the requested
   information to them. He said he wants to build 3 homes on a large parcel of land that currently has a cottage
   on it approximately 50-75’ from the lake. He said they plan to demolish the cottage and put in a ROW
   access for the 3 homes from Rt. 394. He said the proposal is for 80’ lot width on 1+ acre lots. He said the
   homes will sit several hundred feet from the lake. He said the average lake lot on Ashville bay is
   approximately 8,000 sq. ft. He said he is looking for approval on the lot width contingent on any
   information required by the county. Mr. Levesque read into the record an e-mail from Don McCord dated
   4/22/14 stating County Planning would need the full 30 days allowed to review the application. Mr.
   Levesque stated that if in fact the county comes back on the application with any recommendations, he feels
   the ZBA should have a meeting to review those documents. Mr. Saracki said although the drawings
   submitted with the application show side setbacks closer than the allowed 20’, he intends that all structures
   be within the required setbacks and not variance will be needed. Mr. Stapleton suggested that a corrected
   drawing showing the reduced envelope be submitted to the PB and be signed by that board.
   Mr. Marzec stated he has owned the adjacent property for 5 years and feels their property value will
   be diminished by Mr. Saracki’s plans. For the record, Mr. Saracki identified the drawing dated 4/4/14 by
   Potter Engineering as the copy that the PB had approved. Mr. Marzec spoke at length and concerns
   expressed were water management mitigation and erosion. He questioned the water management plan
   submitted by Mr. Potter and said it only addresses the water management from the road and not between or
   around the houses and said the project should not be granted until that is done. Mary Laumer a resident/
   neighbor across the street spoke on behalf of the CWC. She said she is on the board of the CWC and at this
   time they have not formed an opinion on the project. She strongly encouraged the board to obtain a full water management plan and said the CWC has several conservationists on staff that would be happy to work with the applicant. Mr. Saracki said he had conversation with Mr. Jablonski of the CWC regarding mitigation (i.e. water gardens, etc.) and planned to continue the dialogue. Mr. Levesque clarified that Mr. Marzec is located above the proposed development which is downhill from him. Mr. Hewson said he is neither opposed or for the project. He asked what the approximate distance from the road to the homes would be. Mr. Saracki said about 600’. He asked that the driveway ingress and egress to the property onto Rt. 394 be studied as related to traffic hazards. He expressed concern about the number of trees that will remain on the site. Mr. Levesque asked if the submitted plan is what Mr. Saracki wants to represent the water drainage and mitigation. Mr. Saracki said this proposal is a miniature storm water prevention plan for the construction phase of the project. Mr. Saracki said he has not ordered any blue prints of the full mitigation plan because the cost is prohibitive on a project that he does not even have approval on yet (i.e. variance). Mr. Thomas asked Mr. Lawson if the ZBA was being asked for variance on lot width. Mr. Lawson said that is correct. Mr. Lawson clarified that the questions of where the water will go would be addressed during the building phase. He said his assumption was that the retention ponds planned for in front of the homes would provide an area for drainage. Mr. Levesque said he does not understand the topography of the property. There was further general discussion of the application and the board determined that they did not have enough information to go forward with the SEQR. Mr. Levesque asked if the PB had asked for the information that the ZBA is referring to tonight. Mr. Lawson said the PB had done the site plan review submitted by Mr. Saracki and had approved that plan with the conditions mentioned earlier. Mr. Stapleton said the ZBA has the option of going forward with the SEQR or sending it back to the PB to develop more information on water mitigation and to have time to receive the recommendations from County Planning / Soil & Water.

   Mr. Levesque motioned to rescind Lead Agency Status on the SEQR application of Earl Seitz
   (Carlton Homes) so that the Planning Board has an opportunity to go forward with the
   complete review. Mr. Thomas seconded and the motion was carried unanimously.

   Mr. Stapleton said without the SEQR the ZBA cannot move forward on the variance request.

   Mr. Levesque motioned to table the application of Earl Seitz (Carlton Homes / Todd Saracki)
   requesting an Area Variance for lot width of 80’ (required 100’) on 3 new parcels to be divided
   from a larger parcel located on Ashville Bay Road, Specifically Sec. 367.14-1-47, which does not
   comply with Zoning Code Sec. 401, until the Planning Board has an opportunity to 1) Review
   the SEQR 2) Review the responses from County Planning and Soil and Water. Mrs. Ortman
   seconded and the motion was carried unanimously.

   Mr. Levesque clarified that the Planning Board should take lead agency status on the SEQR and make
   the declarative response. Mr. Levesque indicated that the ZBA members should attend the next PB meeting.

   Mr. Saracki said he had received a letter last September from Potter Engineering stating that the
   application requires only the short form EAF. He asked which he needed to provide. Mr. Levesque said
   either form would be applicable to the application. Mr. Seitz invited all board members to walk the property
   and come to their own conclusions as to where the water comes from and where it goes. Mr. Marzec also
   invited the boards to walk his property.

   Nancy M. Thomas
   Town Clerk