TOWN OF NORTH HARMONY
ZONING BOARD OF APPEALS
WEDNESDAY, 7/23/14, 7:30 PM
ZBA MEMBERS PRESENT: JAMES LEVESQUE GREG MICHALAK
LOUISE ORTMAN HELEN EMICK
DAN THOMAS ROGER VAILLANCOURT
Dave Stapleton, Attorney
Brad Lawson, Zoning C.E.O.
Others Present: David & Kim Dickerson Kathy & Dan Kelly Brook Colburn
Robert Kanouff George Seelinger Don R. Hayes
Heather Anderson Fred Karash
Mr. Levesque opened the hearing at 7:30 PM. Mr. Stapleton swore in all who expressed intent
to speak at the hearing.
- Richard J. Earle site #113, reques6ng a Special Permit to construct a deck 10’ x 30’ with a roof over
the deck and exis6ng trailer at property located in the R-‐3 District and owned by Robert Kanouff, Lakeside
Camping, at 3280 Hadley Bay Rd., Specifically Sec. 332.20-‐1-‐35 (old #21-‐1-‐31).Mr. Earle said he would like to construct a deck with railing and roof 10’x30’ and extend the roof
over a newer model travel trailer (entire roof size 18 ½´ x 30´) at Lakeside Camping. Foundation for roof
will be post and concrete. Mr. Levesque asked Mr. Kanouff how many sites at the campground do not have
roofs over the trailer. Mr. Kanouff said out of 96 units only about 10 do not have roofs. Mr. Levesque
cautioned that porches and decks must not be modified into rooms as this would be in direct violation of the
code. Mr. Kanouff said since Mr. Lawson had discussed it with him no porches had been converted to living
space as per his campground rules. Emergency access to the trailers was discussed. Mr. Levesque asked if
anyone wished to speak regarding the application.
Mr. Levesque motioned to grant a Special Permit to Richard J. Earle site #113, to construct a
deck 10’ x 30’ with a roof over the deck and existing trailer at property located in the R-3
District and owned by Robert Kanouff, Lakeside Camping, at 3280 Hadley Bay Rd.,
Specifically Sec. 332.20-1-35 (old #21-1-31) as outlined in his application and the preceding
minutes. Mrs. Ortman seconded. Aye (5): Levesque, Michalak, Ortman, Emick, Thomas. Nay
(1): Vaillancourt. The motion was carried.
- Donald R. Hayes site #45, reques6ng a Special Permit to construct an open deck and a roof over an
exis6ng trailer at property located in the R-‐3 District and owned by Robert Kanouff, Lakeside Camping, at
3280 Hadley Bay Rd., Specifically Sec. 332.20-‐1-‐35 (old #21-‐1-‐31).Mr. Hayes said he wished to do the same thing as Mr. Earle except the total roof size will be 36’x22’.
It was noted that Mr. Earle and Mr. Hayes are using the same plans. It was clarified that the deck will also be covered. Mr. Levesque asked if anyone wished to speak regarding the application. There was discussion of a clearer and visible number system (i.e. fire department house #’s) for the sites for emergency purposes.
Mrs. Emick and the board strongly suggested that this be done. Mr. Kanouff provided a copy of his layout of
the camp grounds with site numbers. There was also discussion of the fact that these improvements to the
campsites are not given an assessed value for taxing purposes. Mrs. Thomas said it is the decision of the
Assessor whether or not to assess each site and he has chosen not to. Mr. Levesque said perhaps this is
something for the Planning Board to review. Mr. Levesque asked if anyone wished to speak further
regarding the application.
Mr. Levesque motioned to grant a Special Permit to Donald R. Hayes site #45, to construct a
deck and a roof over an existing trailer at property located in the R-3 District and owned by
Robert Kanouff, Lakeside Camping, at 3280 Hadley Bay Rd., Specifically Sec. 332.20-1-35 (old
#21-1-31) as outlined in his application and the preceding minutes. Mrs. Emick seconded. Aye
(5): Levesque, Michalak, Ortman, Emick, Thomas. Nay (1): Vaillancourt. The motion was
- Brooklyn Colburn requestng an Area Variance and a Special Permit to replace an existng
manufactured home with a new manufactured home closer to the rear property line (26’ requested; 50’
required) than allowed in Zoning Code Sec. 401 in the R-‐1 District at property located at 4837 Cedar Ave.,
Specifically Sec. 384.11-‐1-‐55.Ms. Colburn indicated that her father in law David Dickerson would speak on her behalf regarding
the application. Mr. Lawson asked to give the board background information on the request. He said that
the property had a single wide mobile home on it when Ms. Colburn purchased it on a land contract. He said
the home had deteriorated and the current owners were tearing it down in ignorance of the law regarding
demolition permitting. He said he had spoken to them and they are in compliance at this time. He said they
would like to place a new double wide HUD spec manufactured home on the lot. He said the diagram
provided indicates that there is a septic and well on the property but no report is in yet on the septic from the County DOH. He said the original mobile home had 3 bedrooms and the septic was for a 3-4 bedroom
home. He said the new home will also have 3 bedrooms. He said the plot plan provided indicates they are
well back from Cedar and Linden Avenues and if you use the fence shown as the rear lot line you it would be
27’ to it. He said because it is a corner lot the fence line could be construed as the side yard or the rear lot
line. After discussion and on advice of counsel, the board determined that the fence line will be considered
the rear lot line for purposes of this application. The old home dimensions were 70’x16’; the new will be
44’x28’. Mr. Lawson said typically the board has considered allowing a replacement of a manufactured
home with a manufactured home in the R-1 District where they are neither allowed by right or special permit if it was pre-existing. Mr. Levesque asked if anyone wished to speak regarding the application. Neighbor, Heather Anderson asked what she would be looking at from her backyard; how far the new home would be from the creek; and if the other deteriorating buildings on the lot would be removed when the new home is placed. Mr. Lawson said there still exists a 15’x18’ bedroom addition that was attached to the old home (toward the fence line) which had not been permitted nor an area variance requested for. Mr. Karash said the shed would be removed, but he would like to keep the bedroom addition which makes 4 bedrooms. Mr. Lawson indicated that the addition bedroom cannot be attached to the manufactured home. There was
lengthy discussion of regulations in regard to the addition. Ms. Anderson said the addition had been in
existence for more than 16 years. It was discussed that the addition is not shown on the plot plan and it is 16’ from the fence line. Mrs. Anderson said from her back porch the neighbor is completely visible and she is
concerned about the garbage build up by the creek bed. She said additional deterioration has occurred since
the new owners moved in and is concerned about protecting her property value. Mr. Levesque said the R-1
District has the most strict code enforcement of all the districts and properties must be maintained. Mr.
Karash said when they had first purchased the home it was full of garbage and they have been cleaning it out.
Neighbor, Dan Kelly said the previous trailer was over 50 years old and in poor shape. He said replacing it
will be a definite improvement. He said he also noticed that the yard has been better taken care of. Mr. Levesque read into the record Town Law Section 267 b. 3. and Sec. 904 of the Zoning Code; Area Variances,
questions 1. – 5. Responses were 1) no 2) no 3) yes 4) no 5) yes.
Mr. Levesque motioned to grant an Area Variance to Brooklyn Colburn to replace an existing
manufactured home with a new manufactured home closer to the rear property line (27’ from
property line requested; 50’ required) than allowed in Zoning Code Sec. 401 in the R-1 District
at property located at 4837 Cedar Ave., Specifically Sec. 384.11-1-55. Mr. Vaillancourt
seconded and the motion was carried unanimously. !
Mr. Levesque motioned to grant a Special Permit Brooklyn Colburn to replace an existing
manufactured home with a new manufactured home in the R-1 District at property located at
4837 Cedar Ave., Specifically Sec. 384.11-1-55 with the following conditions:
• Manufactured home can be no larger than 28’x44’
• Existing bedroom addition on old home cannot be attached to the new dwelling and must be removed
• Skirting must be installed within 6 months of home placement
• Front of manufactured home (44’) must have 4 shrubs planted at 10’ intervals and 2 shrubs on either end of each side of the home
• Temporary storage shed is to be removed as soon as home is installed There was discussion of Sec. 629-c. in relation to manufactured home standards as they relate to foundations. The law indicates that the manufactured home shall be completely immobilized and placed upon a full perimeter foundation within 30 days. Mr. Lawson said it would be on piers and skirted.
• Home will be permanent structure with no wheels or axels attached Mr. Thomas seconded and the motion was carried unanimously. The hearing was adjourned at 8:45 PM.