TOWN OF NORTH HARMONY
ZONING BOARD OF APPEALS
WEDNESDAY, JUNE 25, 2014, 7:30 PM

ZBA MEMBERS PRESENT: GREG MICHALAK DAN THOMAS
DICK BARTON LOUISE ORTMAN
ROGER VAILLANCOURT
Brad Lawson, Zoning CEO
Others Present: Jodelle & Michael Kosinski Norris Luther, Designer Pools
David Brown Steve Marchinan

In the absence of Chairman Levesque, Mr. Barton chaired the meeting. Mrs. Thomas swore in
all who expressed intent to speak.

1. North Harmony United Methodist Church requestng an Area Variance to build a handicap access
   addi8on on the front of the exis8ng building closer to the roadside setback than allowed in the AG
   District at property located at 6814 Stedman-­‐Sherman Road, Mayville, NY 14757, Specifically Sec.
   313.00-­‐3-­‐15 (old# 1/1/15).

   Mr. Marchinan and Mr. Brown appeared to represent North Harmony Church. The explained that the
   church would like to install a handicap access entrance that would be 30’ from the SE corner of the road (50’
   is required). Mr. Thomas read into the record Town Law Section 267 b. 3. Area Variances, questions 1. – 5.
   Responses were 1) no 2) no 3) yes 4) no 5) yes. Mr. Lawson stated that he had reviewed the site plan and
   erosion control will be addressed at the beginning of the construction. !

   Mr. Barton motioned to grant and Area Variance to North Harmony United Methodist Church
   to build a handicap access addition on the front of the existing building closer to the roadside
   setback than allowed in the AG District at property located at 6814 Stedman-Sherman Road,
   Mayville, NY 14757, Specifically Sec. 313.00-3-15 (old# 1/1/15) as outlined in the application.
   Mr. Vaillancourt seconded and the motion was carried unanimously.

2. Michael Kosinski requestng a Special Permit to install a 24’ round above ground pool and enlarge
   the exis8ng pool deck at property located at 2438 North Maple Ave., Ashville, NY, Specifically Sec.
   367.00-­‐2-­‐27.

   Mr. Kosinski said he had applied for and received a special permit to build the pool 2 years ago but
   had not done the project and the permit had expired. After review the board agreed there were no setback
   issues. Mr. Kosinski agreed that there would be no additional lighting installed on the pool and it would be
   built to NYS code.

   Mr. Barton motioned to grant a Special Permit to Michael Kosinski to install a 24’ round above
   ground pool and enlarge the existing pool deck at property located at 2438 North Maple Ave.,
   Ashville, NY, Specifically Sec. 367.00-2-27, as outlined in his application. Mrs. Ortman
   seconded and the motion was carried unanimously.

3.  John Simora requestng a Special Permit to install a 16’x36’ in ground swimming pool with fence at
   property located at 5222 Winona Ave., Ashville, NY, Specifically Sec. 349.16-­‐1-­‐1 (old# 22-­‐2-­‐6).

   Norris Luther, Designer Pools, appeared to represent the applicant. He said they wish to install the
   ventilated in ground pool with fence as described in the application. Mr. Lawson noted there is a slight hill
   toward the lake in the rear but the drainage should be no issue because the pool is in ground. He indicated
   that silt fencing will be necessary on the lower portion when the digging begins. Mr. Luther said the dirt
   from the dig will be trucked out.

   Mr. Barton motioned to grant a Special Permit to John Simora to install a 16’x36’ in ground
   swimming pool with fence at property located at 5222 Winona Ave., Ashville, NY, Specifically
   Sec. 349.16-1-1 (old# 22-2-6) as outlined in his application. Mr. Thomas seconded and the
   motion was carried unanimously.

4. Karl E. Schmelz reques8ng an Area Variance to install a deck addi8on closer to the roadside
   setback than allowed in the R-­‐1 District at property located at 2718 Cove Circle East, Ashville, NY,
   Specifically Sec. 367.09-­‐1-­‐5.12 (old# 26-­‐1-­‐4.24).

   Mr. Marchinan appeared to represent the applicant. Mr. Barton noted for the record that a letter had
   been received from the Sunrise Cove Association Board stating they agreed to the 5’ variance. Mr. Lawson
   noted that this is in the Sunrise Cove Subdivision and since it is a corner lot the set back distance required is
   25’ as opposed to 50’. Mrs. Ortman read into the record Town Law Section 267 b. 3. Area Variances,
   questions 1. – 5. Responses were 1) no 2) no 3) no 4) no 5) yes. It was clarified that the deck will be set
   back 20’ from the roadside.

   Mr. Barton motioned to grant an Area Variance to Karl E. Schmelz to install a deck addition
   20’ from the road side setback in the R-1 District at property located at 2718 Cove Circle East,
   Ashville, NY, Specifically Sec. 367.09-1-5.12 (old# 26-1-4.24), as outlined in his application. Mr.
   Michalak seconded and the motion was carried unanimously.

   The hearing was adjourned at 8:45 PM.

   Nancy Thomas
   Town Clerk !!